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Apple Sets Tune for Pricing of Song Downloads

PygmySurfer writes "Apple Computer on Monday revealed it had renewed contracts with the four largest record companies to sell songs through its iTunes digital store at 99 cents each. The agreements came after months of bargaining, and were a defeat for music companies that had been pushing for a variable pricing model."

396 comments

  1. It makes me feel all good inside... by crazyjeremy · · Score: 5, Funny
    The music industry's big four - Universal, Warner Music, EMI and Sony BMG - were not immediately available to comment ... The issue has occasionally become acrimonious, with Mr Jobs last year publicly labelling the industry "greedy". However, several music executives privately acknowledge that they have little leverage over Mr Jobs.
    Heheheh... I dunno, but ANYTIME a big guy saves the little guy money, and greedy corporate america gets told to "stuff it" and HAS to listen... It just makes me feel all good inside.
    1. Re:It makes me feel all good inside... by 0racle · · Score: 5, Funny

      several music executives privately acknowledge that they have little leverage over Mr Jobs

      Perhaps someone should download the Imperial March from iTunes in honour of this.

      --
      "I use a Mac because I'm just better than you are."
    2. Re:It makes me feel all good inside... by physicsphairy · · Score: 2, Insightful
      "Greedy corporate America" is on both sides of this issue.

      Apple isn't looking out for you; Apple is looking out for Apple.

      In fact, if it wasn't for the RIAA, Apple probably *would* be implementing a variable pricing scheme all on their own. Each song has its own unique demand curve and variable pricing would certainly allow Apple to optimize it's profit. (note that isn't necessarily bad for the consumer... many songs would be optimally priced at less than $0.99)

      The only reason you see Apple on the other side of this issue is because RIAA is taking a peace of the pie. Apple also controls the ipod market which is complementary to the itunes market. But Apple gets 100% of the profit from the ipod market, and only part of the profit from itunes market (since they have to share with the RIAA). So they would naturally like to shift as much profit as possible to the ipod market, which means keeping lower prices in the itunes market.

      In the end, if you're saving any money at all, it's only because Apple is every bit as cutthroat as anyone else. It's not because Steve Jobs is welling up tears because he thinks you might be overcharged for music from his company.

    3. Re:It makes me feel all good inside... by samkass · · Score: 1, Insightful

      This is my response every time some naive anti-DRM blogger decides it would be a good idea to "open" up FairPlay. If FairPlay was open, you wouldn't be getting popular songs for $0.99, that's for sure. If the record companies could pick up their cards and go home, they'd tell Apple "charge $6 or we'll only sell through Napster". The fact that Apple's music experience encompasses the "whole enchilada" is why we have reasonably priced music downloads instead of 20-second, downsampled $2 ringtones style pricing.

      --
      E pluribus unum
    4. Re:It makes me feel all good inside... by TubeSteak · · Score: 5, Insightful

      They have leverage, they just aren't willing to use it.

      If the 4 RIAA companies were willing to offer Non-DRM music, they could ditch Apple in a heartbeat.

      They're stuck because the most popular music player has a DRM format controlled by Apple.

      I bet the RIAA would love to see the iPod 'opened up' to support other DRM schemes. Then they could use a different distribution method... one that has variable pricing.

      The Emperor & Darth Vader would destroy Apple & their music empire. Not because they're rebels, but because they didn't go along.

      --
      [Fuck Beta]
      o0t!
    5. Re:It makes me feel all good inside... by Captain+DaFt · · Score: 2, Informative

      Hmph, why not download it for free? Or the whole Stars Wars album for $1.50?
      (So it ain't iTunes, but there are alternatives!)
      http://www.top1000mp3.net/download_mp3/5/Star_Wars _Imperial_March/

      --
      The U.S. really needs an English to Wisdom dictionary.
    6. Re:It makes me feel all good inside... by shawnce · · Score: 1

      Apple doesn't pay any money to the RIAA when a song is sold on iTMS. They pay the record company that holds the rights to the song (the one they licensed distribution rights from). The RIAA is a trade organization not a corporation....

    7. Re:It makes me feel all good inside... by Firehed · · Score: 3, Informative
      The only reason you see Apple on the other side of this issue is because RIAA is taking a peace of the pie. Apple also controls the ipod market which is complementary to the itunes market. But Apple gets 100% of the profit from the ipod market, and only part of the profit from itunes market (since they have to share with the RIAA). So they would naturally like to shift as much profit as possible to the ipod market, which means keeping lower prices in the itunes market.
      The RIAA takes more than a piece. They end up with something around 70 cents of every single one of the billion plus songs sold (about 4.5c goes to the artist, presumably the rest to Apple).

      Steve's a smart guy though. He knows 99c works. He's set a standard, and he probably wouldn't be able to charge more than that on anything, save the extremely popular supercrap that 12-year-old girls buy. He's taken a ton of would-be pirates and turned them into legal consumers. I think he's aware of the fact that selling less popular stuff at under 99c could boost sales (and yes, there would be a "correct" price point for every song, probably around the 50c range for most of the older or lesser-known stuff). But you can't take your business that's been touting "any song in the world, 99c" and say "well, except for x, y and z".

      Every item has an optimal price point. With inelastic items like gasoline, you can pretty much charge whatever the hell you want and people will still buy it (begrudgingly, but they still need to get from a to b). Music is quite the opposite, and digital music downloads even moreso. Charge $x for a CD, Y people will buy it. Figure in all of the associated costs and you've got your optimal price point. With downloads, costs are almost nonexistant. At the rates of my host, it would cost me about nine cents in bandwidth for a four-meg track, and you can bet your ass that it doesn't cost Apple even a tenth of that. The same pricing curve still applies, except that supply is infinite and distribution costs are negligable. Charge more, less sales; vice-versa: find the point on the graph where sales * price is at its highest point and there's your ideal price.

      Of course, things change with demand and whatnot, but just suppose that songs all start at 99c, and as sales decrease the price is dropped by a dime to as low as 29c. Sales will pick up a bit due to the dropped price. If sales seem to be picking up too quickly, bump it back up a level. Make some uber-algorythm to automate this and all you've gotta do is add new music to the store.


      And the RIAA becomes a problem again. Suppose that it worked out, as it roughly does, to 70c: RIAA, 5c: artist, 24c: Apple. Remove RIAA from the picture. 29c a track is remaining. Remove the RIAA, charge 49c a track, divide the extra twenty cents evenly between Apple and the artist. Sales shoot up more than twofold from the price drop in all likelyhood, the artists get FAR more money (three times as much even if the rate of sale stays the same), and Apple wins too. You've undercut the assholes and given more money to the people that deserve it, while simultaneously spreading the product to more people at less cost to them. Hell, Apple would probably be making so much extra profit that they could lose the CRAP and people using devices other than the iPod wouldn't hurt overall profits (assuming, of course, that a: people buy iPods for iTMS and not it being an iPod and b: they can be hassled to transcode from m4a to mp3/other)

      --
      How are sites slashdotted when nobody reads TFAs?
    8. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      Don't worry, I already ripped it from my 4 cd Sony Classic: Great Performances music collection !!!

    9. Re:It makes me feel all good inside... by Doctor+Memory · · Score: 5, Informative

      With downloads, costs are almost nonexistant.

      Now that's not even close to right.

      You ever priced a Mackie? Studio time? A decent microphone? There are a large number of non-trivial costs to producing an album. No, GarageBand and a Shure mic from Sam Ash isn't going to cut it. If you want professional sound (i.e., something that will sell), then you've got to get some professional gear. And that takes professional amounts of cash. Sure, you can cut your distribution costs with on-line sales, and yes, distributino costs are significant. But to hand-wave the rest of the costs of production as "almost nonexistent" shows a shocking lack of common sense.

      --
      Just junk food for thought...
    10. Re:It makes me feel all good inside... by flimflammer · · Score: 1

      You make it sound as if all the costs of producing a song is the same even after the first time the equipment is purchased. Studio time, granted.

    11. Re:It makes me feel all good inside... by Overly+Critical+Guy · · Score: 3, Insightful

      greedy corporate america

      I'm so tired of seeing these kinds of tired, emotive phrases uttered. There's nothing greedy about being a corporation or American, or wanting to have variable pricing.

      I'm opposing to variable pricing for downloads, but I'm not going to fly the standard anti-capitalist flag over it.

      --
      "Sufferin' succotash."
    12. Re:It makes me feel all good inside... by Overly+Critical+Guy · · Score: 1

      Exactly. Reading that Apple has to "share with the RIAA" just illustrates how chaotically ignorant people have gotten on Slashdot about the RIAA. The RIAA is just a lobby group for major record companies.

      --
      "Sufferin' succotash."
    13. Re:It makes me feel all good inside... by l33t+gambler · · Score: 0
      Apple doesn't pay any money to the RIAA when a song is sold on iTMS. They pay the record company that holds the rights to the song (the one they licensed distribution rights from). The RIAA is a trade organization not a corporation....

      Isn't the RIAA owned by the ones who do get paid?

      http://www.p2pnet.net/story/8536
      Recording Industry Association of America? There's very little 'American' content, figuratively or literally. To all intents and purposes, the RIAA is owned and operated by Vivendi Universal, the world's most powerful record label group which is based in France; the odious Sony BMG (Japan and Germany); EMI (Great Britain); and, bringing up the rear, Warner Music, the only US label.

      In other words, Santangelo is being sued not by the RIAA, but by a vast and venal, profit-obsessed, multi-billion-dollar international corporate cartel with zero scruples and absolutely no respect or concern for its own customers.


      --
      --
      About P2Pnet.net there has been some criticism about

      http://www.slyck.com/forums/viewtopic.php?t=21600
      So, you OK with Beckerman charging her $24K for the work he did? While claming drastically reduced rates all over the place? Or are you OK with Patti and P2P.net misleading filesharers? You OK with Ray not really making her pay, but sticking it to the RAII if patti and his other clients actually win?

      I agree that these lawsuits need to be fought, and supported. The problem is that the fight and ultimate outcome, will really be about presedent set. Ray's eairly track record, and predictions, are both in the crapper. That bodes badly for all of us here. (at least where I live)IMO
      --
      Teasing the nobles, and rightfully so!
    14. Re:It makes me feel all good inside... by Firehed · · Score: 1, Informative
      I meant to say distribution costs, it just got lost in the rambling. I'm pretty sure I said it somewhere else. I'm well aware that studio costs are insane. As it is, the entire system really needs a 21st-century revamping. Some artists are clamoring to earn far more per online sale due to the lack of distribtion costs, somewhere around thirty cents (over a sixfold increase), and it may actually have become a lawsuit (I can't remember nor can I be bothered to look, but it's quite recent).

      Also, for an album, studio costs (etc) are a one-off deal, where distribution costs are ever-present. When you can almost eliminate those distribution costs, you'll see the debt from studio costs go away much quicker. Consider: buy a house to rent out with mostly north-facing windows. One-time house debt, continual heating expenses, continual rental income. Change it to a house with south-facing windows - same initial costs, same rental income, far reduced heating costs. Take the saved cash and pay down the loan on the house quicker, and more money makes it to your pocket (and sooner). Of course, this relies on the stupid idea that the house only has windows on one side, but you get the point.

      --
      How are sites slashdotted when nobody reads TFAs?
    15. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      Keep in mind that it is one part of greedy coporate america getting told to "stuff it" by another part of greedy corporate america. Before you get too comfortable bashing corporate America keep in mind that if it weren't for greedy corporate America those songs would not be distributed, you computer would have never been built (or invented for that matter), and the pizza delivery guy wouldnt be on the way.

    16. Re:It makes me feel all good inside... by nb+caffeine · · Score: 1

      It was cheap trick and the allman brothers, since their record contracs predate digital distribution, they are getting screwed by some wording in their contract, i believe.

      --

      "Something's wrong with you...and I hope we never do meet again." - Deftones When Girls Telephone Boys
    17. Re:It makes me feel all good inside... by MooUK · · Score: 1

      The incremental cost of one more download is virtually nothing. The initial fixed cost might be relatively high, but they will have that cost whatever they do.

    18. Re:It makes me feel all good inside... by jcr · · Score: 5, Insightful

      If the music was available without the DRM, people would still play it on their iPods. It was already the market leader before the iTMS opened for business, just as it is in countries where the iTMS isn't yet available.

      What the record companies don't understand is that they shouldn't fuck with something that works. Several of the also-rans offered all kinds of variability in the pricing, the number of times you could play a track, how many MP3 players you could copy it to, whether you could burn it to a CD, etc, etc. The iTMS beats them all, hands-down.

      If Apple withdraws the iTMS from the French market, then people in France will just go back to ripping their own CDs, or getting them from P2P networks, and they'll still play them all on their iPods.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    19. Re:It makes me feel all good inside... by iwsnet · · Score: 0

      I'm shocked that Apple managed to hold the line at 99 cents for a song. Considering they have such a huge market share and over 40 million iPod users, they probably could have increased prices for more popular songs.

    20. Re:It makes me feel all good inside... by omeomi · · Score: 1

      The RIAA takes more than a piece. They end up with something around 70 cents of every single one of the billion plus songs sold (about 4.5c goes to the artist, presumably the rest to Apple).

      Really? That's interesting...I have an album on iTMS (search iTMS for 'Aetmos'), and I get paid 70 cents for each track that's sold. I'm curious where you got your numbers from...

    21. Re:It makes me feel all good inside... by Mewtwo · · Score: 1
      "Remove the RIAA,"

      I think this is all you really needed to say there.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 SU CK IT MP AA
    22. Re:It makes me feel all good inside... by Baricom · · Score: 5, Insightful

      If the music was available without the DRM, people would still play it on their iPods. It was already the market leader before the iTMS opened for business, just as it is in countries where the iTMS isn't yet available.

      Exactly, and I think that's what the parent was getting at. The DRM mandated by the RIAA ended up giving Apple leverage. The industry had a choice - they could either agree to Apple's terms, or drop DRM so that the iPod could play the music from a competitor. The third possible option - dumping Apple and going with a more cooperative company - wasn't available because the DRM wouldn't work with the iPod.

      In other words, the RIAA's stubbornness in 2000 came back to haunt them five years later.

    23. Re:It makes me feel all good inside... by TubeSteak · · Score: 3, Interesting

      I agree with you, but I guess I wasn't 100% clear earlier.

      The iPod is by far, the most popular MP3 player.
      Apple controls the only form of DRM in the iPod.
      The RIAA is unwilling to give up on DRM.

      You see where this is leading? They're so scared of filesharing that they've fscking up CD compatability in an effort to thwart any copying. As long as Apple controls FairPlay, the RIAA is stuck.

      --
      [Fuck Beta]
      o0t!
    24. Re:It makes me feel all good inside... by Technician · · Score: 0

      You ever priced a Mackie? Studio time? A decent microphone? There are a large number of non-trivial costs to producing an album. No, GarageBand and a Shure mic from Sam Ash isn't going to cut it.

      These are investment costs. Tools. I work in electronics. Priced a good sweep generator, digital storrage scope, service software, etc. I charge for my time. My time isn't easly duplicated the way a music CD is duplicated. Now if you wanted to charge me to bring all your gear to my place for a personal house call at $60/hour, then I could see your point. Mass production should cut costs.

      Tell me again why a DVD is less than a CD? Is a film set less expensive than a Mackie? Are film extras, props, lighting and costumes less than studio time and back-up vocals? Many do not see the value in pre recorded music at the prices they are asking. Much better value can be found elsewhere. That is why I don't buy I-tunes or CD's. I buy DVD's instead.

      But to hand-wave the rest of the costs of production as "almost nonexistent" shows a shocking lack of common sense.


      A mass production model that wants $20 for a CD instead of selling a couple million copies at $5 a pop doesn't make sense. You get a great mark-up on the few copies sold, but I don't buy CD's like I buy Kids meal toys for my little one.

      For an experiment.. Put out a great CD. (No DRM/Spyware/internet needed) Put it in Big kids meals for $3-4 a pop. See if volume can do the job.

      Remember I buy DVD's at 3 for $20 at Blockbuster. Can you put out old inventory CD's at 3 for $10? (Not junk, the good stuff.) There is a few Pink Floyd, Chicago, Styx, ELO, and REO Speedwagon CD's I wouldn't mind having. The industry is to not let the back catalog compete with the current offerings. The result is I simply quit buying CD's. How is this profitable?

      --
      The truth shall set you free!
    25. Re:It makes me feel all good inside... by Physician · · Score: 1

      I'm fairly certain that the poster was referring to CD versus downloads, not that downloading would magically make the cost of producing music disappear.

      --
      Does God treat us as servants or friends? Check my homepage.
    26. Re:It makes me feel all good inside... by shark72 · · Score: 5, Insightful

      "Tell me again why a DVD is less than a CD?"

      Okay, once again: supply and demand.

      I think that many Slashdotters are of the perception that businesses are obligated to set their pricing based on material cost (which, believe it or not, is typically a small portion of the cost of sale). Or, perhaps to be more accurate, they know why a Ferarri costs more than a Honda, and a Honda costs more than an Kia, even though the cost of the components (the metal and plastic that makes up the car) is about the same for all three. They probably also understand why a shirt from Hugo Boss costs more than a shirt from Kenneth Cole, which costs more than a shirt from Sears, even though the material and manufacturing costs are the same for all three. But when Slashdotters observe that the material costs for CDs and DVDs are approximately the same, they hit a mental block and don't quite get the principle of supply and demand that drives pricing in other industries.

      If you're not sure how supply and demand affects pricing of DVDs vs. CDs, think for a few moments about how you use a DVD, and how you use a CD. Few DVDs are worth buying for me, because realistically, I'd only watch it once or twice. A DVD has to be pretty cheap in order for me to watch it. On the other hand, I'll listen to a good CD hundreds of times or more. It's all about the enjoyment you get out of the product. You might enjoy wearing that Kenneth Cole shirt rather than the Sears shirt. It fits better, and it's more flattering, or maybe it just makes you feel better. You enjoy driving that Ferarri more than the Kia. So, if the difference is worth it, you'll pay more. Get it?

      If I'm not connecting with you, maybe somebody else can explain it better.

      "A mass production model that wants $20 for a CD instead of selling a couple million copies at $5 a pop doesn't make sense."

      Agreed. CDs haven't been $20 in the US for ages. The average price for a new release is down to $13 or $14. This is supply and demand at work again. Selling a CD for $5 doesn't make much sense, either, as it would likely be negative margin (a retail price of $5 would likely mean that it was sold into disti for about $3, which is likely below the cost of sale).

      I think you may also be making the assumption that the CD market has what's called perfect elasticity, in which a $5 CD will sell 3x as many copies as a $15 CD.

      "The result is I simply quit buying CD's. How is this profitable?"

      One thing that the pros understand, that lay people often haven't learned, is that it's not necessary to get every potential customer to be a success. This is why that Kenneth Cole shirt costs $150, when they could probably sell it for $20 and make a profit. The secret is to find the optimum price point on the supply/demand curve (if a market has perfect elasticity, that curve would be a straight line at a 45 degree angle... but almost no industry is like that). So BMG doesn't sell you many CDs, and Kenneth Cole probably doesn't sell you many shirts, either. My guess is that both of them are fine with this.

      --
      Sitting in my day care, the art is decopainted.
    27. Re:It makes me feel all good inside... by masdog · · Score: 2, Funny

      Perhaps someone should download the Imperial March from iTunes in honour of this.

      You mean you don't have the Entire Soundtrack from the Original Trilogy?!?!?!

      I'll need to take your geek card now.

    28. Re:It makes me feel all good inside... by spyowl · · Score: 1
      "Tell me again why a DVD is less than a CD?"

      Okay, once again: supply and demand.

      OK, let's try one more time. How about price fixing? Now, that's better.
    29. Re:It makes me feel all good inside... by agentcdog · · Score: 1

      Hoo boy... here goes.

      The RIAA says "but it costs money to make good music."
      You say "supply and demand."
      Well now you can't have it both ways. Either say "we have it, you want it" OR say "but we'll be pennyless." NOT BOTH.

      So you are obviously an economist, since you know what supply and demand is... but you have never heard of economies of scale. Odd. You think $5 CDs would be a loss?? Maybe if the music business is more bloated than I thought. I can make CDs for less than $3... so the cost of production is not the issue. The previous poster explicitly stated that the $5 CDs would sell in greater numbers and would be OLD STOCK. No "studio fees" or any excuse like that. (yes, I know that you do not think that the greater numbers would offset the lower price, but you seem to think that it would result in a net loss to sell them at that price -- they are two separate issues)

      You may be right about the current rate bringing in the most money, but you are seriously deluded if you think that /.ers buy the dung that you are heaping.
      Also, according to the numbers The music industry has been pulling in less money lately. Maybe a valid case could be made that CDs are overpriced. I guarantee that the music industry DOES care if he buys a CD. BMG does not make its money by being exclusive. That's a horrible comparison.

      --
      If I understand Dirac correctly, his meaning is this: there is no God, and Dirac is his Prophet. -Pauli
    30. Re:It makes me feel all good inside... by shark72 · · Score: 5, Insightful

      "OK, let's try one more time. How about price fixing? Now, that's better."

      I guess it's time again to explain how the labels were price fixing, and why they got nailed, and why it wasn't such a good thing for lots of people. I take it that you're of the understanding that it relates to the fact that CDs all tend to cost about the same, but that's not correct. Sorry.

      Here's what happened:

      • Best Buy and Wal-Mart started selling CDs at the front of the store. They sold them as loss leaders; ie. they made sub-standard margins (or even lost money), because they were draws to get customers into the store. Best Buy had that store full of electronics, and Wal-Mart had that store full of clothes and other crap. That's where the real money is.
      • A couple of retailers that primarily sold CDs (Tower Records, TWE, and one more which I forget) were understandably annoyed. Unlike Best Buy and Wal-Mart, they didn't have a store full of high-margin stuff to sell. For them, it was either make money on the CDs, or else. But Wal-Mart and Best Buy were spending millions on circulars advertising prices that Tower et al. just couldn't hit.
      • So, they went to the record companies (notably Universal) and asked for help.
      • Universal set them up on a MAP program. That stands for "minimum advertised price" and lots of industries do it (including the PC peripheral industry). Universal helped fund Tower and TWE's ads, as long as Tower and TWE didn't advertise CDs for below a certain price. They could sell CDs for any price they liked, but if they printed prices in ads, it couldn't go below the MAP.
      • Wal-Mart and Best Buy noticed this and effectively got the government to bitch-slap Universal.

      The net result is that Tower Records went into bankrupcty and has been sold several times. Wal-Mart and Best Buy continue to sell CDs as loss leaders, and are contributing to the extinction of the independent record store. Music has become more homogenized, and CD prices didn't go down as a result of the settlement.

      This is good news for you if you happen to like the music that Wal-Mart and Best Buy sell, or if you subscribe to the "what's good for Wal-Mart is good for America" philosophy. It's not so good for you if the local Wal-Mart or Best Buy have helped your local indie record shop close its doors.

      And, of course, MAP programs continue to this day in lots and lots of industries. The moral here is not to try doing MAPs if there's the chance that this will piss off Wal-Mart or Best Buy.

      --
      Sitting in my day care, the art is decopainted.
    31. Re:It makes me feel all good inside... by shark72 · · Score: 5, Informative

      "So you are obviously an economist, since you know what supply and demand is... but you have never heard of economies of scale."

      No, I'm high up in marketing for a major vendor of PC peripherals. As a result, I have to know this stuff pretty well.

      I'll try to keep this as simple as possible, but supply and demand is typically a curve, not a flat line. A flat line would be an example of "perfect elasticity," as I mentioned in my original post.

      In short, when you're setting up pricing, the curve might show you that a 50% drop in price might only increase sales by 25% (if it were perfectly elastic, a product that cost half as much would sell 2X as many copies, and a product that cost twice as much would sell half as many units. But perfect elasticity rarely happens. For any market that's of sufficient size, you can bet that the big players have hired the appropriately smart people to do the work to understand what the curve looks like. In my particular corner of the world, I already know that selling my product at $89 rather than $99 might reduce the product's net margin by 20%, but it won't increase sales enough to make it as profitable as if I'd left it at $99. So, I don't do it. Understand?

      "You think $5 CDs would be a loss?? Maybe if the music business is more bloated than I thought. I can make CDs for less than $3... so the cost of production is not the issue."

      I don't think it's an issue of the music industry being bloated... that's not for me to say, but I do understand the realities of selling stuff in retail. First, keep in mind that a CD is sold to a distributor, who adds five points, before selling it to a reseller (retail store). Retailers like Amazon might add 10 or 15 points; brick and mortar retailers might add more. So, if your manufacturing cost is $3.00, you can pretty much rule out setting a retail price of $5.

      It's also important to understand the difference between net margin and gross margin. As you've correctly pointed out, the manufacturing cost isn't the big one. If you're selling PC equipment, you also have:

      1. Shipping costs. Somebody's got to pay them.
      2. Sales and marketing. Channel programs, merchandising, all that stuff. This isn't free.
      3. Accruals for price protections and defective returns.
      4. Miscellaneous overhead stuff like renting the warehouse that holds the inventory, and the salaries of the various people who help design, build, sell or market the product.

      "You may be right about the current rate bringing in the most money, but you are seriously deluded if you think that /.ers buy the dung that you are heaping."

      Well, you're right, in a way. I don't think that most people reading this believe that I'm correct. Slashdotters tend to be experts in server administration and coding and stuff like that; they're not in sales or marketing. I have tremendous respect for the folks who are experts in these areas, but spend a few days on Slashdot and you'll see that it's not reciprocal. There's also the phenomenon on Slashdot that I like to call "I know a little about one thing, so that makes me an expert on a lot of things." It goes with the territory.

      "Also, according to the numbers The music industry has been pulling in less money lately. Maybe a valid case could be made that CDs are overpriced."

      Oh, they've definitely been overpriced. CD prices have been in freefall over the past few years.

      "I guarantee that the music industry DOES care if he buys a CD. BMG does not make its money by being exclusive. That's a horrible comparison."

      Perhaps I didn't explain it well enough. If they can be more profitable by setting the price points that will cause some segment of the audience to opt out of buying the product, they'll do it. It all gets back to that supply/demand curve.

      --
      Sitting in my day care, the art is decopainted.
    32. Re:It makes me feel all good inside... by shmlco · · Score: 1

      "Tell me again why a DVD is less than a CD? Is a film set less expensive than a Mackie?"

      I must have missed the part where the CD's production costs are amortized by playing it in thousands of theaters nationwide and charging people $10 a head to listen, before the CD is released and in stores...

      Translation: Most of the costs of the average movie have been amortized prior to the DVD release.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    33. Re:It makes me feel all good inside... by Scudsucker · · Score: 1

      If Apple was greedy, they would have been leading the charge to raise prices, not holding it back.

    34. Re:It makes me feel all good inside... by Scudsucker · · Score: 1

      So which RIAA label are you with that you get 70 cents a song then?

    35. Re:It makes me feel all good inside... by iogan · · Score: 1

      "No, GarageBand and a Shure mic from Sam Ash isn't going to cut it. If you want professional sound (i.e., something that will sell), then you've got to get some professional gear.

      Actually, this is the thing which both you and the music industry have wrong. The simple truth is, if you know how to use whatever reasonably cheap (not dirt cheap) stuff you have, Joe Sixpack will simply not know the difference. Exactly the reason people listen to MP3s in the first place, even though CD sounds so much better.

      And what's wrong with Shure, btw?

    36. Re:It makes me feel all good inside... by Duds · · Score: 2, Funny

      Because it's copyright theft?

      And that "top100mp3s" site looks about as legit as an Iraqui WMD report.

    37. Re:It makes me feel all good inside... by localman · · Score: 2, Interesting

      Ooo! I like that. I hadn't really thought of it that way, but DRM screws them as much as it screws us, doesn't it. Hoist by their own petard.

      Cheers.

    38. Re:It makes me feel all good inside... by mcrbids · · Score: 1

      At the rates of my host, it would cost me about nine cents in bandwidth for a four-meg track, and you can bet your ass that it doesn't cost Apple even a tenth of that.

      Wow. You're getting ass-raped by your hosting provider....

      I'm paying a fairly HIGH price for my provider because it's local, and I pay about 1 penny for every 2.5 MB. I've seen hosting for 1/10 what I'm paying, and I currently contract (as a different legal entity) for really high-quality hosting (but 4.5 hours drive away in a major city) for about 1/4 the above. Thus, at the higher-quality colo (triple feeds, redundant power, 24x7 techs, etc) I'm paying in the ballpark of the 1/10 that you quote.

      I can only hope you don't live in the USA. Even if not, you might seriously consider something even like Yahoo Small Business hosting. (No, I don't work for Yahoo, and I have my own equipment because I have privacy guarantees in my contracts to my clients, so I can't outsource my equipment or backups)

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    39. Re:It makes me feel all good inside... by Bobsledboy · · Score: 1

      The grandparent is also oblivious to the popularity of Lo-Fi bands such as Neutral Milk Hotel (to name a favorite) in indie circles.

    40. Re:It makes me feel all good inside... by rolfwind · · Score: 2, Insightful
      They probably also understand why a shirt from Hugo Boss costs more than a shirt from Kenneth Cole, which costs more than a shirt from Sears, even though the material and manufacturing costs are the same for all three.


      This is simply not true, quality products cost more to make.

      I don't know about those specific brands, but having been around enough good clothing in my life, material is very important - using the best cotton for instance, Egyptian cotton, costs significantly more than the run of the mill stuff especially if you are using better grades. Also, better dyes are used in the better clothing, some of that never/hardly fades even with many washings (cheap rugs have this problem, the red often runs).

      All of this costs money to make a better product. Some expensive brands actually have quality behind them that equals more than hype. This would also extend into the car analogy as well: Ferrari engines obviously output much more horsepower than a Kia engine, the materials/manufacturing costs behind them do differ. Otherwise there be a lot of cheap cars on the road that would be just/almost as good as a Ferarri but cheaper.
    41. Re:It makes me feel all good inside... by localman · · Score: 1

      Excellent series of posts, shark. Refreshing perspective from a domain I know little about.

      Cheers.

    42. Re:It makes me feel all good inside... by MooUK · · Score: 1

      I'm probably wrong, but I was sure perfect elasticity was when you could change the price as much as you want and there would be exactly zero change in quantity sold?

    43. Re:It makes me feel all good inside... by Saint+Fnordius · · Score: 1

      There is another group involved that sometimes gets confused with the RIAA, namely ASCAP. They're the ones responsible for the royalties of American composers, and they get an obulus every time a song is played or purchased. They have agreements with similar royalty-clearinghouses around the world like Germany's GEMA, extending the reach of the composers (in theory).

    44. Re:It makes me feel all good inside... by jacksonj04 · · Score: 1
      --
      How many people can read hex if only you and dead people can read hex?
    45. Re:It makes me feel all good inside... by shawb · · Score: 1

      You see, a lot of geeks have a very low self esteem which they need to bolster by telling themselves that they are smarter and more important than anyone else. So they try to convince themselves that anyone that can't do what they do is an idiot. By extension, everything that an idiot does is trivial. So geeks think that economics is as complex as that intro econ class they took in high school.

      Oh, and it's not just geeks that do this. Construction workers would say that programmers have it easy: they get to sit in a chair all day. Cooks scoff at people who umm... can't take the heat so never worked in the kitchen. Athletes? Yup. Artists? Well, same thing. Everyone does this to some extent. Management is in a unique position where they have to actually know the dollar value of different employees, not just different positions but down to how individual employees rate in the company to some extent. It makes sense that they would actually have to know enough about the departments they work with to realize that they could not make that final product themselves.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    46. Re:It makes me feel all good inside... by Zaatxe · · Score: 1

      One thing that the pros understand, that lay people often haven't learned, is that it's not necessary to get every potential customer to be a success. This is why that Kenneth Cole shirt costs $150, when they could probably sell it for $20 and make a profit. The secret is to find the optimum price point on the supply/demand curve (if a market has perfect elasticity, that curve would be a straight line at a 45 degree angle... but almost no industry is like that). So BMG doesn't sell you many CDs, and Kenneth Cole probably doesn't sell you many shirts, either. My guess is that both of them are fine with this.

      Oh, my god, I've been left out of the consuming chain because I don't like being ripped off! I think I should go to a McDonald's for some comfort food...

      --
      So say we all
    47. Re:It makes me feel all good inside... by shutdown+-p+now · · Score: 1
      There's nothing greedy about being a corporation ...
      Isn't the sole purpose of existence of any corporation to make money?
    48. Re:It makes me feel all good inside... by mgblst · · Score: 1

      What drives corporate America if not greed? All of the leaders involved have enough money, and could live very comfortably on what they have now. What pushes them to making bigger and bigger corporations, with more and more power? Why do they send lobby groups to washington to ensure the way they live?
       
      If not greed, then what is it?

    49. Re:It makes me feel all good inside... by ScuxxletButt · · Score: 2, Interesting

      Um... I know for a fact that most of the vocals recorded on Jagged Little Pill from Alanis were done with a $70 ART Tube Mic Pre and an SM-57. The SM-57 was the only way they could get her vocals without the mic distorting and that little ART warms the vocals very nicely.

      It's not the equipment, it's the engineer and the producer. Look at the type of equipment someone like Steve Albini uses when producing. It's almost two tin cans and a string, but he gets amazing sound because he knows what he's doing.

      But to think you have to spend a million dollars on expensive equipment show a shocking lack of experience and practical know-how.

      Unless you went to Full-Sail, then I can understand your snobbery.

    50. Re:It makes me feel all good inside... by Cadallin · · Score: 1

      What are you talking about? Apart from studio time, you can get the rest of that stuff for just a couple of grand. Professional sound? Pfffff. The mass market is too deaf to tell the difference anyway. Basically you're still recording for FM radio these days, and a $2000-$2500 will get you a good Mackie Mixer, (You don't need one of the $3million studio jobs, you're just recording 3-6 people.) a compressor, and several good quality condensor mikes. Add in an already owned computer and decent quality audio interface and you're set. It just doesn't take that much cash to do professional sounding audio these days, Sorry to break it to you, but you can get 1980's level studio recording in your garage for just a couple of grand, and 90% of people won't be able to tell the difference.

    51. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      Hate to break it to you, but capitalism = greed. Plain and simple.

    52. Re:It makes me feel all good inside... by tgd · · Score: 1

      Yeah it takes a fortune to sample 60 tracks and compress the dynamic range down to a few db.

      Give me a break. When you compress the output as much as pop music does these days, you absolutely don't need that kind of gear. They're not recording and playing back a symphony here.

      Some of the best albums I've heard in years have been done in home studios using precisely the hardware and software you scoff at.

    53. Re:It makes me feel all good inside... by nwbvt · · Score: 1
      What makes you think they are saving you money? A variable pricing model would mean some music would be sold for less than $.99. That would mean a new band trying to make their name in the industry could sell their music for half price and have a chance to actually compete with the more well known bands. But as it is, Jobs has fixed the price at $.99, which has almost certainly cost the consumers a lot. I hate to break it to you, but Mr Jobs is part of that "greedy corporate america" you mentioned.

      The irony is that just a few years ago, it was the record labels who were being accused of price fixing (and yes, I am well aware that the MAP policy was there to benefit the small record stores and not the record labels, but that doesn't change the fact that the record labels were the ones who were blamed).

      --
      Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
    54. Re:It makes me feel all good inside... by everett · · Score: 2, Funny

      I have it, and am listening to it on my iPod, can I get a renewal on my geek card. It is set to run out in may (I got a girlfriend, so now I have to reapply every 6 months. Stupid geek bureaucracy!)

      --
      Sig withheld to protect the innocent.
    55. Re:It makes me feel all good inside... by ensonix · · Score: 1

      You are right in saying that the costs of studio time and equipment is very expensive. However, you have it is much less expensive nowadays. Before, artists had no choice but to record in a studio for preproduction, production and postproduction. Now, often, the preproduction is made in a small project studio, then the recording done in a pro recording studio and post is shared between both. This reduced costs enormously. Oh! And one more thing! The costs of studio time and equipment is the artist's responsibility. The company only advances the money and the artist pays it back to them directly off their royalties. So if someone should complain, it should be the artists, not the record companies. But I don't see the artists complaining ;)

    56. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      capitalism = greed

      It's not SUPPOSED to be that way, that's just what it's become. Capitalism is supposed to be about efficient use of resources put to work with profit as a healthy byproduct.

      Instead our modern greedy society has twisted it around so that profit is the reason we expend our resources.

    57. Re:It makes me feel all good inside... by untouchableForce · · Score: 1

      You do realize that Apple can not sign artists directly without starting a music company under a different name. Their current agreement with Apple Corp states that they cannot, as I'm sure you will recall Apple Corp already thinks Apple Computer is treading on their turf. If they start signing artists they will be blatantly doing it. I personally think it is an amazing idea, and one that will eventually happen but it won't be happening under the Apple Computer name. I can't believe more big artists haven't just cut off the RIAA and started their own record labels, the numbers are rising and the RIAA really has be realizing that their business model is a dying one.

      --
      Moderation is not supposed to be used as an indicator of agreement.
    58. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      If they Offered Non-DRM music, the point of a music store is moot, as the music bought would again be swapped on P2P.

    59. Re:It makes me feel all good inside... by UserGoogol · · Score: 1

      Well, it's kind of about greed. In its ideal formulation, capitalism is based around a group of well-informed persons acting in their own interests. (In combination with trade and private property and some other stuff.) Arguably, there's a difference between greed and self-interest, but the distinction is very subtle.

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
    60. Re:It makes me feel all good inside... by orielbean · · Score: 1

      But you just deleted the group that spends a huge chunk of money promoting the band,
      producing their product (also known as music and the album),
      also they put shows and tours together,
      hire the road crew to setup and break down,
      get the radio stations / music video piece of things put together,
      hiring talent scouts and marketing groups to see which bands test well and which will slave away at the bar circut for the rest of their lives,
      and so on.

      You think every single band would be successful if they somehow did it themselves, with Apple taking JUST a distribution role in things? Not one of the huge rock bands of the past few decades was able to do any of it on their own. Punk in the past and Indie today are a different story, but they are the exception and not the rule. Somebody needs to pony up the cash, and the RIAA did it for years. They were the only game in town and have been abusing that monopoly like they always have. From suing 10-year-olds to ripping off Bo Diddley so bad he had to keep touring into his 60's & 70's just to stay solvent...no question about their morality or motives - but some entity has to perform all those other jobs for the music to be heard by more than a select few.

      However, if Apple decided to open thier own music label to do all those other things the nasty RIAA do now (but cannot due to the Beatles' lawsuit) then they would be wildly successful.

    61. Re:It makes me feel all good inside... by Pope · · Score: 1
      Tell me again why a DVD is less than a CD?

      Because it's not? New Tool album: $15. Recent release of Match Point: $25.

      Aside from that, DVDs represent secondary sales for movies that have already been released to the general public, where CDs are primary sales.

      --
      It doesn't mean much now, it's built for the future.
    62. Re:It makes me feel all good inside... by Kadin2048 · · Score: 1

      Not necessarily; maybe if prices went up, Apple's "cut" would stay the same or even decrease in an absolute amount -- I'd imagine the record companies are mostly demanding that their share increase, and Apple's (for hosting) stay about the same. Thus by a percentage-of-total, Apple loses.

      Or it could be something less direct: Apple knows if prices go up, some consumers won't buy from the iTMS and will just get CDs or some other distribution method instead. (This is the whole 'price elasticity of demand' thing, discussed thoroughly elsewhere in the thread.) We can assume the music labels know this also, and think they'll make more from an increase in prices than they'd lose in business. But because it works for the labels doesn't mean it works for Apple. Particularly when Apple's main business is in selling iPods, a pricing scheme which made CDs more attractive than digital downloads (which are tied into the iPod) hurts them down the road by not locking in customer.

      Since we didn't sit in on any of Apple's meetings, we'll probably never know. But there are a whole lot of plausible self-interested reasons why Apple wouldn't want to see those prices go up, and at least to me they seem a lot more likely than Steve J. just deciding to stick it to the Man.

      I like Apple as much as anybody and more than quite a few people, but I don't deceive myself into thinking that they're in it for anything other than their shareholders' sake. That doesn't mean what's good for Apple at some particular time isn't also good for me, as an Apple user or as an American consumer in general, but there's no reason why that always has to be the case. It's just a temporary, although nice, coincidental alignment of interests. Nothing more, and nothing less.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    63. Re:It makes me feel all good inside... by d0n+quix0te · · Score: 1

      As any economist will tell you, Studio cost, decent microphone etc are all 'sunk costs'. These have already been spent, ie you have already made the decision to bite these costs by making the decision to record in the first place (because you thought that you have a better opportunity spending the money on studio time, than say, investing it on Google stock...)

      Now in pricing the record, you are not going to take the sunk costs into account. You are just going to try and make the best profits you can. In the short run, you will be fine as long as you can cover your variable costs and make some profit....

      Economics 101 for musicians...

    64. Re:It makes me feel all good inside... by Gilmoure · · Score: 1

      It's spelled Picard.

      --
      I drank what? -- Socrates
    65. Re:It makes me feel all good inside... by Gilmoure · · Score: 2, Funny

      I've never gotten around to hooking up my turntable to my computer. And after 29 years, my copy's pretty scratched up.

      --
      I drank what? -- Socrates
    66. Re:It makes me feel all good inside... by Martix · · Score: 1

      I just did a some recording for my fiencee's sons band and a rapper which is a freind.

      Lets break down costs.

      Mackie board VLZ1642 which i already own. was 1300 canadian.
      Rented mics, (combanation of Apex, Shure, EV and Sennheiser)stands and a snake for 140 Canadian total I had them for 4 days. (Easter weekend)
      IF I bought them it would be a total of 2000 dollars plus Canadian.

      Funny thing is that you can take some of the cheaper mics hack them and make them sound great.

      Plus monitors for play back and talk back in the studio / band room from the control room.

      Sound card ESI julie@. 160 US. (came with mackie traction 1.6)
      can record 4 tracks at a time at the moment.
      DAW 1200 Canadian. (old needs to be replaced)

      I also have external EQ's and compressers. (2000 Canadian)
      I also have a good repore with the place I rent mics from. (Pro audio dealer)
      Can always test drive new products so i can give him feed back.
      I also lend him my stuff for shows ect. (mostly lighting gear)

      Want to get a Mackie F400 firewire unit would allow 8 tracks at a time. 700 Canadian.
      4 mic pres and 4 line in

      sound treatment priceless..(quilts nailed up on the wall)
      You don't need to totaly kill the rooms acustics.
      You also don't have to play by the rules eather... by not doing you may create a distinctive sound for the band.

      If you realy start looking at the dollars you quickly start to relize that it does not cost alot to get a recording that no one will tell were it was recorded or how.

      Here is an expample. Done by one person playing a Madolin and a acustic guitar. Recorded on that weekend. may not be every bodies taste but thats a personal thing. most Ive talked to like it.

      http://thinkingoutsidethebox.ca/Song03.mp3

      I often put a burnt disk in my car deck or at a freinds place most like the music not even knowing the artist funny most coment on how clean it sounds (music is you eather like it or hate it..personal taste issue)

      and I know were if the songs are recorded well, which is possable in a home studio.

      I can get 1000 pressed CD's for 1250 canadian. Thats just 1.25 each with artwork jewel case ect.

      So I think what is happaning is that the cost of production equipment is going down.
      There is some great equipment out there at a good cost.

      So more and more can doit in there home or hobby studio cutting out alot of the production houses big studios.

      I have to admit there has to be skill on the side of the artist and the sound engineer.

      Plus direct to MP3 download store and P2P are good advertizing.
      For creating MP3 based songs you won't need thousands of dollars worth of equipmemt
      since its degreaded when compressed to what ever you use OGG, MP3 ect.

      Plus if the band plays live they could sell the CD for 10.00 dollars and make a tidy profit.
      if they covered 1250 and paid the studio 1 a disk sold
      That would give them 7750 profit of the disk. not bad when you think of it.

      A little off topic. this is why they want to plug the analog hole for audio and vidio.
      to stop independents releasing there own stuff (people in basement studios ect)

      Not happaning yet but what if ?

      DRM modified: you need to DRM you music so it can play new players wont play non DRM disks
      that would Make it hard to do anything indipendent licencing costs to the RIAA ect

      not that it would fly but interesting thought just the same.

      There loosing control there trying to regain it but there dieing a slow lingering death.
      they never adopted new ideas and ways to make music available to the masses. the way the masses wanted it. Also trying to stick to the formulas were the music sounds all the same (Yuck).

      How to not market your music ...Sue the customer...DRM....Don't give the people what they want and how. sell at over priced levels.

      Sorry for the typos ;)

    67. Re:It makes me feel all good inside... by Gilmoure · · Score: 1

      Weird. I set up a bunch of Apple gear for Robin Zander years ago, when I was working at Mac repair shop. Has a pretty nice home studio.

      --
      I drank what? -- Socrates
    68. Re:It makes me feel all good inside... by Gilmoure · · Score: 1

      Heh, I'm waiting for Wal-Mart to take on the oil companies. There's a fight for ya'.

      --
      I drank what? -- Socrates
    69. Re:It makes me feel all good inside... by danpsmith · · Score: 1

      This might be a tangent, but if people continue to pirate instead of buying the CDs maybe the RIAA and the rest of these music industry people will for once have to cut another notch in their belt. And I say so what to this. So what if they have to charge less and cut some of the flack out of the system? Everyone else had to do it, and everything else has been cut to minimums to insure walmart profitability at the cost of outsourcing and cheaper components, why not this too? CDs are the only thing I see that continue to try to sell at a price point where they are too expensive to really be worth it. That takes some gall in a time where you can get music for free anywhere.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    70. Re:It makes me feel all good inside... by masdog · · Score: 1

      I suppose. While I go take my coffee break, you'll need to fill out forms G1-G17, present three forms of valid ID, and properly file your TPS Reports. We will also need a picture of the offending woman and you to purchase five animes, a new computer, and two copies of Microsoft Windows.

    71. Re:It makes me feel all good inside... by nine-times · · Score: 1
      I bet the RIAA would love to see the iPod 'opened up' to support other DRM schemes. Then they could use a different distribution method... one that has variable pricing.

      It may be that the RIAA thinks that, but I think there's more to iTunes success than that. It's not just the iPod, it's the simplicity of it. Simple interface, easy to find what you're looking for, simple pricing, and when you're all done, it's easy to transfer the music to your portable player. Sure, the portable player is the iPod, but it's also that iTunes' automatic syncing and everything works really well. Plus you can share libraries between computers on a LAN and stream to the Airport Extreme.

      Remember, for Apple, iTunes is incentive to buy and iPod, not the other way around, and they've done a good job of making something that people are willing to use. So far, I haven't seen a store that really offers as pleasant of an experience, and I think even if everything was open and DRM-free, other stores still wouldn't be as successful. The only thing that would compete well would be something like AllofMP3.com, but that's only because it's way cheaper. I don't think the RIAA would like that being the most successful store either.

      So, in summary, Apple provides a great experience at a reasonable price, and so people are buying albums from them. The RIAA may be annoyed because they think Apple has the market cornered by leveraging hardware, and Apple refuses to raise prices and enforce stricter DRM. However, Apple has only been successful because they refuse to raise prices and enforce stricter DRM. If the RIAA would allow Apple to drop DRM altogether and lower prices, far from eliminating their user base, I'm quite sure they'd make a load more sales.

    72. Re:It makes me feel all good inside... by rbgaynor · · Score: 1

      Perhaps you mean obolus?

      --
      "Good things don't end with eum, they end with mania or teria." - H. Simpson
    73. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      Perhaps someone should download the Imperial March from iTunes in honour of this.

      You mean as in:

      "I have extended our bargain. Pray I do not extend it further."
      - Steve Jobs

    74. Re:It makes me feel all good inside... by woztheproblem · · Score: 1

      You have it backwards. What you describe is zero elasticity.

    75. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      Wal-Mart does not have a "store full of high margin stuff". Any general merchandise discount store, particularly Wal-Mart which frequently has the lowest prices, operates on razor thin margins. Profits come from tremendous volume. I don't know about Best Buy but I bet it's a similar situation.

    76. Re:It makes me feel all good inside... by greed · · Score: 1

      So how do you refer to the greedy part of coprorate america, as distinct from the non-greedy part of coprorate america, if you don't use the greedy corporate america phrase?

    77. Re:It makes me feel all good inside... by Doctor+Memory · · Score: 1

      And what's wrong with Shure, btw?

      Shure in general -- nothing at all. The Shure I got from Sam Ash -- well, I got what I paid for. That was kind of my point: you can cheap out and record your band live in somebody's basement with a little four-track, but it'll sound like that's exactly what you did. If that's the sound you want, they you're good to go, but if you want something a little more polished, you'll have to pony up more time, effort and bucks. None of the three are optional.

      --
      Just junk food for thought...
    78. Re:It makes me feel all good inside... by LordVader717 · · Score: 1

      This is not a case of supply and demand.

      Especially with music downloads, supply is practically infinate (yes, it is possible that apples servers wouldn't be able to handle infinite bandwidth, but in the real world, it isn't an issue)

      Even with CDs, if demand is surprisingly high, production can be quickly adapted, and the market can be satisfied. The only situation in which the classic supply-demand curve would kick in is in a temporary shortage.

      If need be, it wouldn't be much of a challenge to create a copy of a CD for every single person on the planet. But demand is nowhere near that high.

      There is one different aspect that is important though: market saturation. People won't (always) buy things just because the price is low. The publisher might decide that the market for Madonna CDs is saturated, so that most people who wouldn't pay 15 Dollars for on, probably aren't going to change their mind if they see it for $5.

    79. Re:It makes me feel all good inside... by SABME · · Score: 1

      '"Greedy corporate America" is on both sides of this issue.

      'Apple isn't looking out for you; Apple is looking out for Apple. '

      Isn't that the whole rationale for capitalism and free markets? I.e., all parties acting in their own best interest yields the most efficient market.

      Apple has chosen the strategy of furthering its own greed by making a music player with a good interface, integrating it with desktop synchronization software, and providing an online music store that sells songs at a reasonable price.

      If this happens to serve my needs (i.e., a convenient method of listening to music), then we both benefit by acting in our own selfish best interests.

    80. Re:It makes me feel all good inside... by mspohr · · Score: 1
      I don't know if this is a "good thing".

      This also prevents Apple for selling songs for less than 99 cents. I would prefer to have the option to buy some music for less (i.e. promotional songs, older music, less popular music).

      This does preserve Apple's profit.

      --
      I don't read your sig. Why are you reading mine?
    81. Re:It makes me feel all good inside... by jaweekes · · Score: 1

      This is my problem with the cost of CD's.

      Movie DVD's cost about the same or less. This is for 2+ hours of entertainment with special effects, music, actors, film and studio crews, stop-motion, green-screens, etc. I can imagine that most movies (I haven't looked it up) involve 200+ people and a ton of computers, hardware (helicopters, camera's, costumes, etc) and talent. Movies produce a very high quality image and sound, which needs to stand up to a movie theater resolution.

      Music CD's I picture involve a producer, music techs, record studios and a group (The only thing a movie doesn't need) for about 60 minutes of entertainment, which let's face it, only about 10 minutes are worth hearing again. Music produces a relatively low quality sound compared to a movie, with music videos only needing TV resolution (and a music video is only produced as a marketing tool to sell the music).

      They both need distribution, with movies being more expensive typically due to the quality demanded in a movie theater.

      Yes, I feel screwed every time I purchase a CD (Which is not often now).

    82. Re:It makes me feel all good inside... by Bob+Wehadababyitsabo · · Score: 1

      "I think you may also be making the assumption that the CD market has what's called perfect elasticity, in which a $5 CD will sell 3x as many copies as a $15 CD." Other replies have touched on this, but I'd like to point out that you are discussing unit elasticity, not perfect elasticity.

      --
      fsck -u
    83. Re:It makes me feel all good inside... by iamacat · · Score: 1

      Oh yeah? Where can I get a decent concert ticket for ten bucks?

    84. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      You're an idiot, and once again, your comment wasn't worth +2. But it figures you're an Apple-basher.
      --
      Sick of pompous windbags? Change "Karma Bonus" modifier to -1 penalty.

    85. Re:It makes me feel all good inside... by Mr2001 · · Score: 1

      First, keep in mind that a CD is sold to a distributor, who adds five points, before selling it to a reseller (retail store). Retailers like Amazon might add 10 or 15 points; brick and mortar retailers might add more. So, if your manufacturing cost is $3.00, you can pretty much rule out setting a retail price of $5.

      Er, want to check that math? You've left out the manufacturer's markup, but let's say it's 15% just like the retailer's.

      $3.00 * 1.15 = $3.45 (price charged by the manufacturer)
      $3.45 * 1.05 = $3.62 (price charged by the distributor)
      $3.62 * 1.15 = $4.16 (price charged by the retailer)

      $5 doesn't seem unrealistic there. Am I missing something?

      --
      Visual IRC: Fast. Powerful. Free.
    86. Re:It makes me feel all good inside... by Izrath · · Score: 1

      6 years... maybe?

    87. Re:It makes me feel all good inside... by shmlco · · Score: 1

      Are we talking about live performances? Try getting tickets to Phantom on Broadway at $80 to $120 a pop.

      BTW, theater ticket prices, followed by DVD sales, apply directy to the costs of the movie production. The same, however, can't be said for concert ticket prices and CD/studio production costs.

      Next time, if possible, put more than five seconds of thought into your glib response...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    88. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      Ditto!

      Lucid commentary on /.? Wow!

    89. Re:It makes me feel all good inside... by Baricom · · Score: 1

      Possibly, but not necessarily. iTMS was launched in early 2001, which means the contracts were almost definitely were in place in late 2000. It would be odd for a contract like this to last six years, IMHO - it's not a round number. That's why I think it was actually five years, and it began late 2000 or early 2001.

      Five years wasn't a typo, though it might be inaccurate. We don't know without knowing the details of the contract.

    90. Re:It makes me feel all good inside... by raddan · · Score: 1

      If I recall, the typical rate for a major studio-produced album was somewhere in the $100k ballpark, which, while very expensive to many of us, is a drop in the bucket to the majors. And there are two other things working in their favor: artists sign contracts that pledge to recoup those expenditures that the label makes-- usually the labels take this out of the artist's measly 1% cut of the MSRP. And if an artist does not sell enough to make that happen (which means they sell less than 'gold', typically), the label can count that production (and many other costs) as a loss when they file their taxes. The label wins both ways.

    91. Re:It makes me feel all good inside... by Anonymous Coward · · Score: 0

      My mother-in-law writes country music (she's gotten some nibbles in Nashville, but nothings come of it yet), and does her recording in her living room. The average house doesn't have studio quality acoustics, but she stumbled across a spot in her living room where the accoustics are amazing, and has her keyboard, guitar, mixer, etc. set up in a nice little home studio.

      You can with a bit of work set up a small studio in your house for less than $10,000 and get a *NEAR* studio-quality recording environment. In fact, it'll probably be so close that your fans couldn't tell. (That $10k figure includes the recording hardware, too. But only if you know what you're doing.)

  2. good job! by clackerd · · Score: 3, Funny

    the shortsighted me says horray for only having to pay $.99 a song still. i don't listen to the farsighted me.

    1. Re:good job! by glaeven · · Score: 1

      ok, 99 cents a song: what happens when people download hundreds of songs? you end up spending hundreds of dollars on music and you dont realize it. Same thing with cell phones, you pay $2 for a 100x100 gif image? Either way, my brother has/had 15,000 songs, mostly NOT through iTunes, but you get the point...

    2. Re:good job! by Anonymous Coward · · Score: 0, Interesting

      Only 99 cents?

      Only?

      Wake me up when a song costs 10 cents or less. Anything above that just isn't worth it for me.

    3. Re:good job! by MyLongNickName · · Score: 2, Insightful

      Oh no. You mean, you might actually have to pay MONEY for things you enjoy. You mean, if you derive thousands of hours of pleasure from music, you might have to pony up a week's worth of pay for it?

      If you want something that someone else produces, it is not unreasonable to pay for it. A buck for a song? If I like the song, I am likely to listen to it hundreds of times. After taxes, a dollar is like four minutes of work for me. I don't find it an unreasonable price to pay. If you do, don't buy. Simple as that.

      And if you end up soending a lot more money than you planned, then I suggest a remedial budgeting course. Life in western civilization demands a rudimentary knowledge of managing money. iTunes is hardly the biggest corporate baddy out there looking to steal your money (that would be Congress).

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    4. Re:good job! by Anonymous Coward · · Score: 0

      so after taxes, you make ~$80k/year? yeah, i wouldn't mind downloading songs either.

    5. Re:good job! by Hao+Wu · · Score: 1
      If you want something that someone else produces, it is not unreasonable to pay for it.

      I agree, and like the price of gasoline - my philosophy is either not to complain, or else don't buy it.

      However I think that artists, recording companies, distributors... everyone, really, is very foolish to keep making a product that they know will be stolen. They have had many years to divest in their industry and find new professions - cooking burgers if need be. Instead they are wasting time trying to create an artificial market by using lawyers and technical measures that consistently fail.

      (And if all music dies, then so be it.... It won't in any case, but if it did, then that's capitalism.)

      --
      I suggest you read Slashdot
    6. Re:good job! by Guppy06 · · Score: 3, Funny

      "i don't listen to the farsighted me."

      I see a position in Congress in your future.

    7. Re:good job! by muuh-gnu · · Score: 1

      > If you want something that someone else produces, it is not unreasonable to pay for it.

      They dont actually "produce" it, because its already produced and waitig to be copied. The "artists" actually do nothing but copy it over and over, but try to demand payments for every single piece as if it were a physical product which has to be individually fabricated.

      So it's kinda reasonable to pay for this product as long its new and "fresh", for the artist to be able to return his money and time investment, but after a certain time, it just becomes not more reasonable to support him for a work he has done and that has paid off years oder even worse, decades ago, and now just cashes in.

      When this specific time is over, is up for everyone to decide for themselves, and then just to start to ignore the copyrights, when the legislator is so ivory-tower to come up with copyright laws that last so fscking long (in average loger than a lifetime, so the contemporary music you paid for once will (from your point of view) _never_ reach the public domain) so nobody is able to instinctively find them "reasonable" and has to be forced and threatened with fines and jail time to obey.

    8. Re:good job! by Anonymous Coward · · Score: 0

      Man does your math suck.

  3. Good to see leverage moving from the labels, by benow · · Score: 3, Funny

    but big label artists are still being boned.

    1. Re:Good to see leverage moving from the labels, by Quantum+Fizz · · Score: 4, Insightful
      But they're being boned either way, it's really the fault of the record labels, not Apple's. The record label doesn't need to put out as much overhead for physical media and distribution, (maybe advertising stays the same), but they're still taking the same cut they always have.

      What it will do, though, is lower the incentive for newer bands to sign with the big labels, and go with more indie labels, because the distribution will be the same (assuming Apple doesn't start doing dirty things like making labels pay a $1M fee to include their songs on iTunes or something like that).

    2. Re:Good to see leverage moving from the labels, by Original+Replica · · Score: 5, Insightful

      big label artists are still being boned
      So maybe they need to stop being big label artists. Easer said than done I realize, but if they can maintain and even use their fanbase to move to a more progressive indie label they will pave the way for artists who currently need the clout of a big label to get noticed. Once listening to bands on a Internet only indie label becomes trendy, then digital music will be all that we want it to be, right now there is still too much $$$ in the old corperate giants, because people still go for the big corperate product.

      --
      We are all just people.
    3. Re:Good to see leverage moving from the labels, by Anonymous Coward · · Score: 0

      Exactly. What I don't get, though, is why so many people think that artists are getting screwed. Yes, *some* should get paid more (the creative ones), but they all signed a contract and knew exactly what to expect. Besides, if they're in it just for the money/fame, they aren't worth listening to/earning more anyway.

    4. Re:Good to see leverage moving from the labels, by Carthag · · Score: 1

      Call me a pessimist & an elitist, but I don't think it's ever going to change. The unwashed masses have always loved the, well, pedestrian. That's why it's called mainstream. Sure, maybe one day the big mediopolies will be gone, but people as a whole will still enjoy all the stuff that I think is stupid and mundane.

    5. Re:Good to see leverage moving from the labels, by Abreu · · Score: 2, Interesting

      Big label artists get boned by their label, not by Apple.

      Seriously, their contracts are draconian, and in many cases an artist would get more money by "downgrading" to a smaller, independent label.

      Now, they wont get MTV exposure, but a good band should be able to counter that by touring extensively and tirelessly (ask the Red Hot Chili Peppers or Soul Asylum about their early years)

      --
      No sig for the moment.
    6. Re:Good to see leverage moving from the labels, by c_forq · · Score: 1

      I don't get why people say tomato pickers should be paid more. They all agreed to do the job and knew what they were getting into. Besides, if they are just in it for the money/food, they aren't worth the support.

      http://dominionpaper.ca/agriculture/2006/03/30/thr owing_t.html

      --
      Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
    7. Re:Good to see leverage moving from the labels, by mrchaotica · · Score: 1

      What does that have to do with anything? There's no reason why the "pedestrian" music can't be on smaller, independent labels too.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    8. Re:Good to see leverage moving from the labels, by Anonymous Coward · · Score: 0

      "digital music will be all that we want it to be"

    9. Re:Good to see leverage moving from the labels, by Anonymous Coward · · Score: 0

      At least at the local scale, we have a reasonably simple path to touring where I live. New bands form and practice, maybe having their first gig as part of a bottle of the bands; maybe they get recommended by a friend to one of the JCRs (the groups of students who run each of the nine colleges at my uni); maybe they ask the live music society for a gig. If that goes well, the might get noticed by others; perhaps a more well-known local band will suggest them as a support act for a gig of theirs. If they're good enough, they'll start headlining nights, maybe. They might get gigs at one of the larger-scale regular nights in the city, or maybe at one of the end-of-year parties. And once you get to that point, you've gathered contacts in various places and probably have enough influence and reputation locally to organise gigs elsewhere in the country. And once you're gigging elsewhere and touring, you're on your way up.

    10. Re:Good to see leverage moving from the labels, by hunterx11 · · Score: 1

      Thank, you sir! I'm glad someone finally has the courage to stand up to mainstream pedestrian trash like Shakespeare and Beethoven.

      --
      English is easier said than done.
  4. Ha Ha by Anonymous Coward · · Score: 0, Interesting

    /Big four record Labels "slip sliding away"

  5. Variably priced songs would be a good idea by the_humeister · · Score: 2, Interesting

    As long as older songs are less than $0.99, I wouldn't really mind. A dollar a song still seems a bit much. I'd rather just send the money to the artist instead. At least they get more money that way.

    1. Re:Variably priced songs would be a good idea by alain94040 · · Score: 3, Interesting

      The killer app, of course, would be a plug-in to iTunes that let's you publish songs on it, for some form of micro-payment. If you do that, you can bypass the music store and keep the same front-end that everyone has grown acustomed to. Alain.

    2. Re:Variably priced songs would be a good idea by Anonymous Coward · · Score: 2, Insightful

      As long as older songs are less than $0.99, I wouldn't really mind. A dollar a song still seems a bit much. I'd rather just send the money to the artist instead. At least they get more money that way.

      I see this sentiment all the time here... Why doesn't it occur to anyone that this never would have happened? The labels were never fighting for the right to discount older songs, they wanted the ability to jack up the price of top 40 singles.

      I don't know if this has anything to do with the reasoning or not, but you have to remember the only reason we see older CDs discounted or in remainder bins is because they are physical objects that take up shelf space. It's not because the music itself is dated, it's because it's not cost effective to store it if it's not going to sell. That's not the case for a music file, which of course can sit on the iTunes server indefinitely until someone gets a hankerin' to hear it.

    3. Re:Variably priced songs would be a good idea by SpryGuy · · Score: 1

      I wonder if the percentage going to the artists has changed. Already they were getting the short end of the stick (the smallest cut of the "Industry", "Apple", and "Artists").

      I'd rather send my money to the artists too.

      --

      - Spryguy
      There are three kinds of people in this world: those that can count and those that can't
    4. Re:Variably priced songs would be a good idea by ral8158 · · Score: 1, Interesting

      I don't want to sound like an asshole (And I am one, so it's hard for me to NOT sound like it :) ), but do you really think that the artist does all the work? In fact, that's what bugs me about the Downhill battle people (Not saying you are one), is that they say that the artist only gets $ .11 of the song, but really, the artist isn't the only person who does work. There are producers, editors, recording technicians, etc. And in the case of some artists, they don't even write the song. Then there is the whole idea that downloading a CD off of p2p and then sending a check for like, what, $5 or whatever you arbitrarily decide, to the artist is *okay*. It's not legal, and it's not fair. Even if you feel like you're being cheated, can you honestly say that it's okay to do that without the artist consent? That's like taking something out of someone's house, and leaving a check.

      (Again, not to be mean to you, just pointing out something. And I agree, one dollar a song is kind of stupid sometimes :/)

    5. Re:Variably priced songs would be a good idea by Anonymous Coward · · Score: 0

      I seem to recall an article which stated that the labels classed itunes and other electronic distributions as traditional phonographic albums, and therefore still charged the artists something like 20% for packaging and 15% for breakage. I'm not sure if that's from the retail or wholesale price, or if it's a figure taken out of the artists' nominal royalty.

    6. Re:Variably priced songs would be a good idea by MooUK · · Score: 1

      On the other hand, some artists do do all that work themselves. Also, all these supporting roles will generally have been paid for in advance - often by the artists directly.

    7. Re:Variably priced songs would be a good idea by malarkey · · Score: 3, Informative

      CDBaby has something similar to what you're looking for: http://cdbaby.net/dd

    8. Re:Variably priced songs would be a good idea by Benzido · · Score: 1

      If you want to give money (more or less) directly to the artists, go to their live shows. Their take usually goes straight to them and doesn't have to first pay off their marketing debts (as their recording royalties do). But what I want to know is, could we start up a website that accepts anonymous 'guilt' donations to artists? The website would just disburse the money direct to the artists as a 'gift', once a certain amount had accrued (say, $500). The interest accrued would finance the website. And the artists would not be in breach of contract because they didn't solicit the donations. If everyone paid $1 direct to the artists for each *album* (not song) they downloaded, it would increase the income of artists by an order of magnitude. What would be the legal situation?

    9. Re:Variably priced songs would be a good idea by multimediavt · · Score: 2, Insightful

      Quick questions for everyone that makes the same comments you just made.

      What did you pay for your last physical CD you bought NEW (not used) and how many tracks did it have on it?

      I'll give an answer and you can do the math. I live in a small university town in rural southwest Virginia. There are about a dozen or so places that sell CDs within a 15 minute walk or drive, this includes Wal-mart, if you can stomach shopping there.

      The last CD I bought was a John Butler Trio album. It was $12.99 and had 14 tracks on it. At the time I bought it, gas was still $1.59 (glorious by today's standard!) a gallon and I probably burned a gallon going to and from where I bought it, so that CD cost me $14.58 for 14 tracks. This is NOT a Billboard Top 40 artist. Those CDs go for anything between the $12.99 to $17.99! and often have only 10 to 12 tracks on them. And, it's those Top 40 tracks the labels are bitching the most about!

      Now tell me $0.99 a track is expensive. Also tell me how many albums you own where you like all the tracks on the album? Also, please define what you mean by older? Older, as in the artist is dead. Older, as in the album is greater than or less than "X" number of years old. Where do you draw the line for what is considered old? How would you propose the labels draw the lines?

      I just ask these things because I don't think most people have thought this through as thoroughly as the folks at Apple have HAD to to come up with that $0.99 a track number. Sure, Apple wants to make a profit, obvious. But, they also want to help. Let's not forget, Stevie-poo and a lot of his employees and stock holders are BIG music fans as well. They certainly don't want to get ripped off KNOWING a lot more about what's behind the curtain than a lot of people on the street! A buck a song, just ain't that bad for whatever it is you might want.

    10. Re:Variably priced songs would be a good idea by the_humeister · · Score: 1

      The last CD I bought was double-CD of club songs containing a total of 44 songs. It cost $9.99 at the Virgin store in Chicago. That's less than $0.25 a song. Out of the entire collection, I'd say 3 songs I don't really like.

    11. Re:Variably priced songs would be a good idea by hunterx11 · · Score: 1
      There are producers, editors, recording technicians, etc.

      And they get paid fuck-all, too. The marketers, the executives, and the stockholders get most of the money; that is, the people who contribute the least value get the greatest reward.

      --
      English is easier said than done.
    12. Re:Variably priced songs would be a good idea by FrkyD · · Score: 1

      Not to mention the fact that they are usually getting paid from the $.11 that the artist makes. I have had 2 cd's on a major label, and despite having an international small time hit, I have never seen a single cent from the record company. Everything we got on the advance ended up going to paying the production costs, and since we went over budget on the second CD, every cent from sails went back into paying the money the labe had fronted us for the production.

      In my case, the two band members who were also given credit as producers (and actually did work in that capacity on the recordings) are the ones who cleaned up, eventually creating a semi-independant label to release their follow-up project. That label is now being distributed by the major our old band had been signed to.

      The only reason the labels get the artists to agree to the kind of conditions that they do is that until now, they have had complete control of the two most important aspects of the business. Distribution and marketing. The web has changed this a bit, and the RIAA members are trying desperately to find a way to keep their influence.

      Danger Mouses recent mix of the Gnarls Barkley track "Crazy" was the first song ever to make it into the charts based purely on digital distributio. That has most likely freaked the Majors out even more. Until now, the net has mostly threatened their stranglehold on distribution. Now their hold on the publicity side is being threatened. It used to take years of touring for a band to make a name for itself outside of the Majors. Thanks to the web, an even greater level of exposure is possible in a much shorter timespan. Good for the artists, bad for the Industry.

      I'm curious as to what the labels are going to do to fight that...

    13. Re:Variably priced songs would be a good idea by MooUK · · Score: 1

      The last CD I bought cost me £10, direct from the artist at a gig she played that I ran, who paid all production costs herself. (She even owns the studio.) If I remember right, it has thirteen tracks. I am very very certain that whatever happens, I could not get that CD from iTunes. (And if anyone gets the chance to see them, Laura Bazell and her band are definitely worth a listen!)

      (Note that the band is italian and was doing a UK tour.)

      I've got similar length CDs, also direct from bands, from any of free, £3, £5, or £10. More often free than not, but then they don't really count.

      I also bought an EP from another artist for £0.27.

    14. Re:Variably priced songs would be a good idea by shish · · Score: 1
      Y'know, back before iTunes and such, everyone on slashdot was saying "CDs are so expensive; wouldn't it be great if songs could be downloaded for a dollar each?" :-P

      Given the way things are slipping, I suggest skipping to the bottom of the slope and demanding record companies pay the listeners to listen to music they like...

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    15. Re:Variably priced songs would be a good idea by multimediavt · · Score: 1

      Ok, I get CDs from local bands too. Sometimes for free, or for $10 or less. I should have specified, "Bought from a store and not self produced." I also should have specified, "Non-compilation, i.e., single artist CDs." Sure, you can go out and buy compilations of various artist content for less than you would pay for a single album from one of the artists. It's a ploy by the labels to get you to buy the full CD by an artist. Obviously, there are bargains to be found in the market, but they are mostly (not exclusively) outside the mainstream mass market that the labels are counting on for revenue in the first place.

    16. Re:Variably priced songs would be a good idea by multimediavt · · Score: 1

      BTW, 10 Pounds is more than $12.99USD (7.08 Pounds).

    17. Re:Variably priced songs would be a good idea by multimediavt · · Score: 1

      That same John Butler Trio album (all 14 tracks) is $9.90USD at the iTunes music store. So, if it were available when I bought the CD I could have saved some cash, and some gasoline.

    18. Re:Variably priced songs would be a good idea by MooUK · · Score: 1

      I know; even so, in this case I thought it was worth it.

      I wouldn't want to pay that for most music.

  6. Its still too high, but.... by nurb432 · · Score: 1, Funny

    Anything that pisses off the RIAA im all for :)

    --
    ---- Booth was a patriot ----
    1. Re:Its still too high, but.... by TubeSteak · · Score: 3, Funny

      I bet killing Ponies in the name of music piracy would piss off the RIAA.

      How can you support killing Ponies!?!?

      --
      [Fuck Beta]
      o0t!
    2. Re:Its still too high, but.... by Anonymous Coward · · Score: 0

      Dude, after the April Fools version of Slashdot this year, I was ready to kill a few ponies.

    3. Re:Its still too high, but.... by mrchaotica · · Score: 1

      Killing ponies would only piss off the RIAA because they wouldn't be able to do it themselves (and eat the poor thing's still-beating heart while they're at it).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Its still too high, but.... by fixinah · · Score: 1

      Because they make good hamburgers.

  7. I'm reminded of a song by mboverload · · Score: 1, Funny

    I call you when I need you, my hearts on fire
    You come to me, come to me wild and wild
    When you come to me
    Give me every song I need
    Give me a lifetime of DRM and a world of corporate music
    You speak of giving the artist his fair share like you know what it means
    And it can't be wrong
    Take my iMac and make it strong baby

    You're simply the best, better than all the rest
    Better than Napster, Any of pieces of crap I've ever used
    I'm stuck on your heart, and hang on every song you sing
    Tear us apart, fuck RealPlayer, I would rather be dead

    In your threads I see the encrypted bits of every song and every book I play
    In your interface I get lost, I get washed away
    Just as long as I'm here in your crappy GUI
    I could be in no better place

    You're simply the best, better than all the rest
    Better than Napster, Any of pieces of crap I've ever used
    I'm stuck on your heart, and hang on every song you sing
    Tear us apart, fuck RealPlayer, I would rather be dead

    Each time my Mac bombs I start losing control
    You're walking away with my music and I can't get it back because I can't download the song again
    I can feel your restrictions even when I'm asleep
    Oh baby, don't give me any rights

    1. Re:I'm reminded of a song by tktk · · Score: 1
      Thank you for the parody. Although we have no idea what the original song is, please remit to us $200,000.

      -RIAA-

    2. Re:I'm reminded of a song by Metabolife · · Score: 1

      Dear [name]: It has come to my attention that you have made an unauthorized use of my copyrighted work entitled [name of work] (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in [date], [and have registered copyright therein]. Your work entitled [name of infringing work] is essentially identical to the Work and clearly used the Work as its basis. [Give a few examples that illustrate direct copying.] As you neither asked for nor received permission to use the Work as the basis for [name of infringing work] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein. I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [date give them about 2 weeks] indicating that you have fully complied with these requirements, I shall take further action against you. Very truly yours, (you can fill in the rest)

    3. Re:I'm reminded of a song by Anonymous Coward · · Score: 0

      You couldn't post a link to the mp3?

  8. Too expensive by steveg · · Score: 0, Troll

    $0.99 is far above my threshhold for a lossy, DRM-laden song. I realize that as long as Apple has to pay the record companies on the order of $0.70/song, the price will never become reasonable. Considering the low distribution cost to the record companies, they could sell these at half the cost and make a LOT more money -- on volume.

    But that's not gonna happen.

    --
    Ignorance killed the cat. Curiosity was framed.
    1. Re:Too expensive by djrogers · · Score: 5, Insightful
      $0.99 is far above my threshhold for a lossy, DRM-laden song. I realize that as long as Apple has to pay the record companies on the order of $0.70/song, the price will never become reasonable. Considering the low distribution cost to the record companies, they could sell these at half the cost and make a LOT more money -- on volume. But that's not gonna happen.

      I don't think so. See, you represent one end of the bell curve we'll call 'cheapskate' and the fact is, no matter what the price were set to, someone will fall further along that curve than you and claim that everyone is missing out on huge profits by not dropping the price in half.

      The reality is that given the enormous success of the iTMS, it seems that Jobs et all were spot on with their pricing model (which one would assume was arrived at after much research). Reality check - nobody sells a BILLION of anything that's outrageously overpriced...

      --
      Think outside the... Hey, where'd the friggin' box go?
    2. Re:Too expensive by MooUK · · Score: 2, Funny

      "Reality check - nobody sells a BILLION of anything that's outrageously overpriced..."

      Oh, I dunno... everyone's favourite large software company seems to manage it regularly.

    3. Re:Too expensive by spiritraveller · · Score: 1

      Well, emusic is the second largest online retailer of music after itunes, and they sell music for around 21 cents a song. Granted, they have a use it or lose it subscription model.

      But that's a pretty big pricing disparity, especially considering that itunes sells much of emusic's library at 99 cents per song with no value added... unless you consider DRM an added value.

    4. Re:Too expensive by 1000StonedMonkeys · · Score: 1

      And you sir are at the other end of the bell curve we'll call 'sucker.' You've spent hundreds of dollars on music that you're going to have to burn track by track to CD just to play on a device/program that's not made by Apple. I suppose you could use something to crack the DRM, but it must feel pretty bad to spend hundreds of dollars only to have to break the law to use what you just bought.

      Of course, paying Steve Jobs gives some people a religious sort of high. To each, his own.

    5. Re:Too expensive by Blondie-Wan · · Score: 2, Interesting
      eMusic actually pays the labels around 50 cents a song, believe it or not. They stay in business because of that use-it-or-lose-it model you mention; everyone pays a subscription fee which entitles them to a certain amount of service / product, but not everyone fully uses everything they pay for; lots of people let lots of downloads that they pay for slip by every month, thus subsidizing the gotta-get-every-last-track-I-can people (like me ;), who wring every bit of value out of it they can. It's essentially the same model as a number of other sorts of businesses - health clubs, say, or insurance. Everybody pays a fee for the service, but not everyone takes full advantage of the service (in the case of insurance, it's not the customer's choice, of course, but rather them just collecting on the policy if / when the need arises, but from the POV of the business, it's largely the same as a health club charging $40 or whatever for monthly memberships, when some users show up and work out for an hour or more every day while others wind up hardly ever coming in the door).

      It pretty much has to be this way for the subscription services, too, since there are certain fees they have to pay for the music, unless it's public domain.

      That said, I do think 99 cents isn't outrageous for a song. It's a very small amount of money for anything; even things like candy bars are getting "up" there, and even a nontangible thing like a downloaded file is longer-lasting (and offers far more enjoyment to its user) than something ephemeral like a candy bar.

      Moreover, for decades it's been commonly accepted practice for jukeboxes to charge a quarter to play a song just once. If that's the case - and keep in mind that's in a fixed location, usually in a less-than-ideal listening environment as far as purely enjoying music goes, and all that - then what would make it suddenly be a drastically outrageous jump to charge a hair under four times as much for one's own permanent copy of a song that one can listen to as many times as one can stomach it, anywhere, anytime, etc.?

      OTOH, now that music is so much freer of physical constraints than ever before, and there's no cost-per-unit for manufacturing, etc., they could price songs much lower than 99 cents if they wanted, though at some point they wind up running into a wall where they simply can't slice the proceeds thinly enough to give a cut to everyone who's supposed to get one (the performer, the writer, the producer, etc.). But still.

    6. Re:Too expensive by Lally+Singh · · Score: 1

      That's not selling, that's forcing it down your throat :-) Windows isn't voluntarily purchased.

      --
      Care about electronic freedom? Consider donating to the EFF!
    7. Re:Too expensive by MooUK · · Score: 1

      Some people do voluntarily buy it. Unlike many people, I don't think it (or something very like it) is the wrong choice for everybody. Though to fit that properly it would need changing - less profiteering, less abusing, more value and quality.

    8. Re:Too expensive by GaryPatterson · · Score: 1

      So what are the options?

      All online music stores with artists that people have heard of will have DRM. Otherwise they don't get the contract to sell music online.

      (I'm discounting allofmp3.com here because they don't actually pay money to artists, unless a hundredth of a cent sounds like money to you.)

      Physical CDs are more often encumbered with 'protection' these days. I've ripped all of them except Jack Johnson albums without any problems. Strange about those two Jack Johnson albums my wife has though.

      So we're left with the choice of DRM online music, 'protected' CDs or no music.

      Guess what most people won't consider.

      You're perfectly free to get all zealous about DRM and how evil it is. Go nuts. Put in a couple of jabs at Apple while you're at it (I notice jabs at the far worse subscription services were missing, but that's off topic). But if you put the choice between standing with you and the three musicians outside the RIAA or actually listening to the music we want to and accepting the compromise of DRM, then you'll be awfully lonely on your side.

      A billion votes are against you so far. Probably 1.1 billion by now. Then there are the other music services.

      Popularity doesn't mean it's right or good, but it doesn't mean it's stupid or wrong either.

    9. Re:Too expensive by steveg · · Score: 2, Insightful

      When prerecorded movies (on tape) first came out they were roughly $90 each. They make a lot more money selling them now at $20 apiece than they did at $90 each because they sell a LOT more of them.

      According to TFA on this story, bands typically get 4 1/2 cents per song on iTunes (out of the 70 cents the label gets.) That leaves lots of room left to slice -- if the volume goes up in a similar manner that video sales went up as the price lowered, the bands' total take will go up enough that there will be no reason for the bands to sue their labels. Of course that would mean that a 70 cents per song cut for the labels would be ridiculous. As it is anyway.

      --
      Ignorance killed the cat. Curiosity was framed.
    10. Re:Too expensive by 1000StonedMonkeys · · Score: 1

      Personally, I use emusic. I never cared much for pop anyway, so with emusic I get music I like in a format I can use for about $0.25/track. I'd have to really like a song to get it from iTunes have gotten used to those terms.

    11. Re:Too expensive by Frogbert · · Score: 1

      I don't know, L Ron Hubbards Novels still seem to sell, and those are definitly not worth the price.

    12. Re:Too expensive by menace3society · · Score: 1

      I work retail. I sell bottles of water with 5.9e23 molecules of water in it on a daily basis.

    13. Re:Too expensive by zpok · · Score: 1

      Why don't you call it "quality conscious"? Your model would still work. It's easily proven that the mass market isn't overly concerned with quality, that "good enough" wins each and every day.

      By saying cheap skate you really invalidate your argument - and are intellectually dishonest and impolite at the same time.

      lossy is "good enough". And Jobs et all have found the sweet spot price wise. That doesn't mean there is anything good about it. Indeed, lowering the price would imo have a much larger impact on sales than upping the quality. Me, I'm in the quality conscious group, and will buy quality.

      --
      I think, therefore I am...I think.
  9. It's all about simplicity by El+Cubano · · Score: 4, Insightful

    (note: I am not an iTMS customer. I don't even own an iPod)

    Everything I have seen/heard/etc about the iTunes store is that it is simple.

    People like simple. That's it. Why do companies not get this? How many people's VCR clocks blink 12:00 becuase (to them) it is too hard to actually set it?

    Now, Apple is on to something with their pricing model. It is simple. Sure, some older songs are probably not worth as much and some newer songs might be worth more, but overall it is a good balance. It's simple. They would likely lose more revenue by going a variable (and more complex) pricing model than they do by not squeezing those last few cents out of the most popular songs.

    1. Re:It's all about simplicity by v1 · · Score: 1

      You've got a good point. If the pricing model were variable, and you wanted to buy a few songs, you might get caught up looking for cheaper songs, and maybe cringe when one of the ten you were looking for was the $2 variety. Then you'd be upset. Also this would make you a lot more mindful about how much money you were spending since it involved more thought to buy, and the more you think about spending, the less you spend. Also, it's easier for people to be unhappy over a bad deal than it is for them to be pleased by a good deal. So it is to Apple's benefit to level the playing field to keep things simple and unbiased.

      --
      I work for the Department of Redundancy Department.
    2. Re:It's all about simplicity by Mspangler · · Score: 1

      "How many people's VCR clocks blink 12:00 becuase (to them) it is too hard to actually set it?"

      Since you mention it, our VCR clock blinks 12:00 because the only way to set it depends on the remote, which is dead. The VCR still plays tapes just fine, and records just fine, because those buttons are on the machine, and still work. Since the amount of stuff worth taping (or even watching) has been dropping steadily over the years, there is no point to replacing the VCR.

    3. Re:It's all about simplicity by Phroggy · · Score: 3, Informative

      I don't have an iPod either, but I am an iTMS customer. Granted, I'm on the cheapskate end of the curve and I've never paid them for music, but I bought Multipass subscriptions to The Daily Show and The Colbert Report, because I don't have cable TV, don't have a TiVo, have had really bad luck recently dealing with my VCR, and after using BitTorrent for awhile I finally decided it's just more hassle than it's worth. So yeah, I'm paying for ease-of-use.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    4. Re:It's all about simplicity by Paradise+Pete · · Score: 1
      Since you mention it, our VCR clock blinks 12:00

      A little bit of duct tape would fix that right up. Or maybe electrical tape, depending on the color of your VCR.

    5. Re:It's all about simplicity by Anonymous Coward · · Score: 0

      This "VCR" contraption you speak of... is it Blu-Ray or HD?

    6. Re:It's all about simplicity by mr_zorg · · Score: 1
      Since you mention it, our VCR clock blinks 12:00 because the only way to set it depends on the remote, which is dead.

      You definitely don't represent the majority. Everybody I know with a blinking 12:00 still has a working remote.

    7. Re:It's all about simplicity by Gulthek · · Score: 1

      Duct tape leaves a sticky residue if applied for an extended period of time. Real geeks stick to gaffer's tape.

    8. Re:It's all about simplicity by Paradise+Pete · · Score: 1
      Real geeks stick[heh]to gaffer's tape.

      I learn something every day here on the slashdot. I also didn't know I could get a six foot wide roll if necessary. I could wallpaper the house.

    9. Re:It's all about simplicity by Anonymous Coward · · Score: 0

      What's a VCR? Is it related to a CD?

    10. Re:It's all about simplicity by AP2005 · · Score: 1

      I agree. I think the simplicity aspect is underestimated by the /. community. This reminds me of what the founder of the hugely popular (in California) "99c only" stores said in an interview: he tried selling his stuff at 98c but even that was not as popular as 99c for everything! The ipod/iTMS has become the phenomenon it is because of its simple appeal: buy an iPod and pay 99c for a song. Compare this with the other more complicated, but perhaps cheaper options. For instance, teenagers get their iPods from their parents. For parents, it is important to understand what the long-term costs are going to be.

  10. It all comes down to one thing ... by ScrewMaster · · Score: 2

    for the time being, the labels need Apple more than Apple needs the labels. Now, if Apple begins to bank too heavily on the iPod and neglects their other profit centers, that might change. But for now, Apple has a lot of leverage, which just goes to show why the music industry has always fought to maintain control of distribution.

    --
    The higher the technology, the sharper that two-edged sword.
    1. Re:It all comes down to one thing ... by IWorkForMorons · · Score: 1

      Bank too much on the iPod? Hell, it's what's going to save the company. And not just from bankrupcy. Think of this...Average user: "I want to buy a new computer. I use email and web, a few office apps, and lots of Yahoo games. It must play Yahoo games. Oh, and it has to look pretty. And work with my iPod. I love my iPod. What kind of computer should I get?" What's your response, if this is your sister or someone else you know you're going to have to do free tech support for since they used "pretty" as a requirement? A1: "Sure, I can build you a PC and install everything and clean the damned thing of the spyware and viruses twice a month." A2: "Buy a Mac. I hear the blue ones are the fastest. Oh, the purple...they have the best graphics. Yeah, you'll like the purple ones. That's right, the Apple store is right downtown." The iPod is going to send more people to buy a Mac then probably in all of Apple's history. And with Boot Camp, giving people the ability of XP and OSX, will triple that amount. It might actually happen, as frightening as it is to say.

      Apple is the next Microsoft...

    2. Re:It all comes down to one thing ... by ScrewMaster · · Score: 1

      Right, and like I said, if Apple neglects their other profit centers (i.e., the Mac) they might have problems. As of right now, Apple doesn't need iTunes and the music cartel to survive, because it is not solely an music player/music download company, and Apple would do well to keep that firmly in mind. Remember, this alliance with the labels is an uneasy one at best and is not stable, long-term. The studios would like nothing better than to dump Apple and iTunes and do it themselves, but for the moment they know they couldn't pull it off.

      Apple is not nor will it ever be the next Microsoft ... I'm not sure the world will tolerate another Microsoft. Furthermore, I don't necessarily believe that Jobs wants to be the next Microsoft, the next bastion of mediocrity. He'd have to be a fool, and while I don't particularly like the man I can say that if there's one thing Jobs isn't, it's a fool. He was, once, but he's not anymore.

      --
      The higher the technology, the sharper that two-edged sword.
  11. Huzzah by mgabrys_sf · · Score: 4, Insightful

    After the Sony DRM debacle, I've ruled out CD-based media altogether.

    Say what you will about Apple DRM, but at least it's honest - and doesn't attempt to sabotage my CPUs. Good to know my pricing hasn't gone haywire in the near-term. For those who think that variable pricing is the way to go (except for whole albums) check out the raging success story that is google video. They're pay model is so - easy to understand - and easy to work with - no one I know is using it.

    I'd say that's a ringing endorsement for keeping it simple.

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

      Shh. You are not allowed to speak ill of Apple on slashdot. DRM is perfectly OK if Apple does it.

    2. Re:Huzzah by mgabrys_sf · · Score: 1

      Yes it's amazing how screwed I am. I buy music for a simple price, download it, and can run off as many CDs as I want to send it to multiple CPUs and players.

      That's how I use the product - and Apple in it's latest move - is keeping said product as unchanged as possible. If you're going to troll for legal scare-BS why not take a look at the legal agreements on any of the products YOU think are so great?

      Oh - and here's a spiffy hint - the blather of a legal department is just that until it's challenged in a court of law. There's a lot of sloppy agreements and licenses out there that have nothing in the way of precident. For all intensive purposes - they're merely legal "wish-lists".

      Hey - I got a great idea - perhaps the "free the world from Apple DRM - before it kills us all crowd" could use a good screw? I'm guessing I'm onto something. All anti-DRM activists to Las Vegas for prostitutes! Not only help Nevada's economy but perhaps Slashdot would actually lose some redundant clutter. This is utterly impossible of course - but I can always dream.

    3. Re:Huzzah by MooUK · · Score: 1

      They tell you up front that they *can* screw you. Apple's record SO FAR seems to be good, however.

    4. Re:Huzzah by manual_overide · · Score: 2

      gah!!! INTENTS AND PURPOSES

      if i see it wrong another time, i'm gonna go nuts!! Sheesh! Do you really not know? Doesn't for all "intensive purposes" sound ridiculous to you?

      --
      If bad puns were like deli meat, this would be the wurst
    5. Re:Huzzah by arminw · · Score: 1

      (....After the Sony DRM debacle, I've ruled out CD-based media altogether.....)

      Why? It's easy to disable the Autostart that asks to install the rootkit. After that, the evil Sony CD plays and rips just like any other plain audio CD.. There is NO way to protect an audio CD and still allow it to play in an ordinary player. Of course for those who have Macs, there never was a problem with that infamous rootkit CD. Apple's DRM is not nasty enough to cause the average Joe to not use iTunes or want to download DRM cracking programs. Laws against this never affect or hinder people from getting what they really want. The totally unsuccessful "war" on drugs and the failure of prohibition prove this.

      --
      All theory is gray
    6. Re:Huzzah by mgabrys_sf · · Score: 1

      re:"why"

      Because as a contractor I can't afford to make sloppy choices with my computers. Sony got caught. Who else is thinking "what a great idea" out there? How long before they make it run on both machines? Why even bother tempting fate?

      I say - great going CD industry - you just made yourself into a typhoid mary persona-non-grata. The chance of getting hit by a future DRM is slim I know - but why would I gamble with client-data like that? Just another preventive measure - and I have a legal alt.

      Plus I'm not going to reward a business that would be so blattently hostile to their customers. Lawsuits are one thing - hell that's good business for lawyers. That's never going away. But outright sabotage? - count me out. The CD business just got too risky for the average consumer, and - just - isn't - worth it. I mean would you buy a gun that might blow up in your face by design? Would you continue to buy them if a manufacturer admitted to building them but said "sorry" to a few state D.A.s? - but never gave any indication they wouldn't do it again?

      I call it reduced-risk and moving onto something else more important in life.

    7. Re:Huzzah by rolfwind · · Score: 1

      Okay, I'll guess I'll join the anti-Apple-DRM club.

      Now, where do I sign up to this free trip to Vegas?

    8. Re:Huzzah by Tomfrh · · Score: 1

      Hey man, don't let it phase you.

    9. Re:Huzzah by mgabrys_sf · · Score: 1

      I'm amazed how someone could extrapolate "free" from "help the economy". Our proud schools at work - wave that fucking flag.

    10. Re:Huzzah by rolfwind · · Score: 1

      I never said the great state of Nevada had to pay for it, so it would still help their economy. Since you said you had a great idea, I interpolated you had a fund to pay for it since that's the only way I would concur that it is such a great idea.

      Otherwise, if I have to pay for it, I'd say the idea is run of the mill:)

  12. relative pricing by wall0159 · · Score: 4, Insightful


    We hear so often that variable pricing is good. I think it's interesting that newly released music is commonly considered more valuable just by virtue of being new. This particularly applies to covers, rehashes, etc.

    1. Re:relative pricing by TubeSteak · · Score: 2, Interesting
      We hear so often that variable pricing is good. I think it's interesting that newly released music is commonly considered more valuable just by virtue of being new. This particularly applies to covers, rehashes, etc.
      I think the idea is that 'older' music has already payed off its producers for whatever effort they put into it.

      New music is worth more because the artist/label hasn't gotten the payoff yet.

      "New" music might not be worth what they're charging, but until they've gotten their money back, there is no reason to drop the price.
      --
      [Fuck Beta]
      o0t!
    2. Re:relative pricing by woztheproblem · · Score: 1

      The optimal price for a seller is determined independently of fixed (or sunk) costs, as the seller should set the price so as to maximize revenue net of variable (production and distribution) costs. Thus, whether or not the seller has "gotten their money back" in the sense of having made more revenue than their fixed costs should have no bearing on the price they set.

  13. The problem... by Anonymous Coward · · Score: 0, Insightful

    is that people think the iTunes Music Store is somehow "sticking it to the RIAA." Nothing is further from the truth. While the RIAA may be accepting some losses, their goal is simple: to use companies like Apple to transfer music into a different medium, not a physical one, but one stronly resembling IP. Music no longer is something you can buy and physically own, it's something you can "license" to listen to on expensive (and DRM-secure) MP3 players of the future.

    I'm sorry, but $.99 is still way too much for a compressed, restricted pop single from an artist I don't even want to listen to.

    1. Re:The problem... by Anonymous Coward · · Score: 0

      Is it too much for a compressed, restricted favorite song for which you're too cheap and lazy to go down to Tower Records and buy an album for $20?

      No?

      Retard.

    2. Re:The problem... by ParanoidCowboy · · Score: 1

      $0.99 might be too much for a song, but the going rate for a Coldplay single/EP is $12.99 for three songs. That's a whopping $4.33 per song. Compare that to the list price of a pop single from five years ago. The reason that this a victory for all parties involved (the music companies included) is that with non-variable pricing, people are more likely to acquire music legally and the industry of downloadable music will continue. Imagine how many customers the itunes music store would have if the new Coldplay album was as expensive as the in store version, or at least, closely priced. How many people would be willing to give up many of the rights that come with cd ownership (ability to control digital audio format, quality, and portable player compatibility) for an inferior product? The reason the iTunes store works so well now is that people are willing to loose those rights or take the $.99 hit to avoid the wrath of the RIAA. Downloadable music only works because at the end of the day, the loss of quality and control is worth the convenience and the cost.

    3. Re:The problem... by AnalystX · · Score: 1
      "I'm sorry, but $.99 is still way too much for a compressed, restricted pop single from an artist I don't even want to listen to."
      You mean there is a price you WOULD pay for a pop single from an artist you don't even want to listen to?
    4. Re:The problem... by Anonymous Coward · · Score: 0

      It's too much for anything Tower Records or the iTMS has to sell (most probably, anyway), but that's personal preference. Whether or not you choose to do so is your own choice, but what I said is what I believe. Actually, let me rephrase myself in accordance to what I think:

      I wouldn't receive a compressed, restricted song from the RIAA if you paid me.

    5. Re:The problem... by YrWrstNtmr · · Score: 4, Insightful
      I'm sorry, but $.99 is still way too much for a compressed, restricted pop single from an artist I don't even want to listen to

      And $15 was too much for a full CD of uncompressed, DRM free pop 'album' from an artist you didn't even want to listen to. So what. You weren't buying it anyway.
      How much WOULD you pay for music you don't want?

      How much would you pay for music you DO want? $0.05/track? $0.10? $0.50?
      How much is music worth to you? Where is your personal dividing line?

    6. Re:The problem... by arminw · · Score: 1

      (....the loss of quality...)

      That phrase is bandied around here so much. Here's an experiment. Get two of each of the say 25 most purchased music systems. Place these in front of an audience of a cross section of people of all ages. Now have an ipod connected to one set of these and a state of the art CD player to the other set. Play the same music on each in turn and record how many of the listeners can tell whether they are hearing the CD version or the same iTunes encoded version. The results will tell you why iTunes is so popular and the "quality" argument is so empty.

      --
      All theory is gray
    7. Re:The problem... by Anonymous Coward · · Score: 0

      I'm sorry, but $.99 is still way too much for a compressed, restricted pop single from an artist I don't even want to listen to.

      Eh? You're complaining about the pricing on music you DON'T want to listen to?

    8. Re:The problem... by Anonymous Coward · · Score: 0

      Eight Bucks.

    9. Re:The problem... by Create+an+Account · · Score: 1

      Nice.

    10. Re:The problem... by Anonymous Coward · · Score: 0

      25 cents a song. Seven dollars for a CD.

    11. Re:The problem... by fiendy · · Score: 1

      Where is your personal dividing line?

      Its called a reservation price.

    12. Re:The problem... by jafac · · Score: 1

      I'd pay about 25 cents for a non-DRM-ed MP3.

      99 cents for a non-DRM-ed AIFF (lossless).

      I might even pay more for a superior sound format (SCD is supposed to be much better on the right equipment - who knows?)

      FairPlay DRMed MP3? I haven't felt inclined to buy any. It would have to be just earth-shatteringly great music, and no other format available.

      More restrictive DRM? Not a chance, just forget it.

      I want to be able to take my tunes on the road, burn back CD's, play them in my car, play them in my rec room, play them on my computer at work. Email a copy to my buddy when I tell him how great album X by artist Y is. DRM breaks that. Yes, there's trivial ways around FairPlay. But that makes me a law breaker. I want my RIGHT to Fair Use RESPECTED.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  14. jobs is the man by tehwebguy · · Score: 0, Redundant

    his secret? he just said, "no"

    --
    -- lol pwned
    1. Re:jobs is the man by babbling · · Score: 1

      Jobs is The Man.

      He's every bit as bad as a record company executive. Possibly worse.

  15. Re:How Is This A Defeat? by devilsammo · · Score: 0

    Not all negotiations result in COMPROMISE (which is what you've described). I can negotiate with no leverage whatsoever, get nothing, lose everything and still have negotiated. Cheers, Sam

  16. What about expanding the customer base? by AK__64 · · Score: 2, Interesting

    Side note: what is Apple going to do about the French lawsuit?
     
    I'm glad to see that Mr. Jobs got his way and the labels are forced to continue with the current pricing model. I'd like to see some expanded quality options, however. How does Jobs feel about selling the same song at a higher price if it's higher quality or lossless?
     
    I don't own an iPod, and I still buy my music the old-fashioned way. Well, the kinda old-fashioned way. Involving a shiny disk.

    1. Re:What about expanding the customer base? by GaryPatterson · · Score: 1

      Nothing - check the news. The new legislation (it was never a lawsuit, only proposed laws) has been neutered by the government.

    2. Re:What about expanding the customer base? by phlipped · · Score: 1

      Different prices for different quality seems incredibly unlikely for a few reasons.
      Firstly, I'm willing to bet that it is a minority of people out there who would care significantly enough about audio quality to pay more for it. Remember that most people are listening to these songs through iPod earphonse or their computer's speakers, neither of which are top of the line audio replication systems and are unlikely to realise a difference in quality for the user, even if the encoding of a file is technically superior. So in the end, most people will realise that paying more for the higher quality song is not worth it.

      Secondly, having two levels of quality openly acknowledges the fact that quality is even an issue, which is not something iTMS would like to talk about. Most people probably don't ever concern themselves with the quality of the music, as long as it's listenable (see first point). Anyway, the point is that having two quality levels basically introduces the issue of quality into the public forum, which is only likely to make people more wary of online distribution.

      Thirdly, people don't like choice. Well, MOST people don't like choice. Becauses choices are hard to make. So instead of deciding which song to get, they now also have to decide which quality as well. And that's tricky, because on one hand you want to save money, but on the other hand you like the higher quality, but then again can you even tell the difference in quality? but other people might THINK I can hear the difference if I have the higher quality ones. Hmmm, nah it's too hard I'll wait and see what everyone else does first. etc etc.

      This last point in particular is important. By not having a differentiated pricing scheme it not only keeps thinghs simple, but also the focus is shifted from the cost to the product, which is a good thing. I bet this is the main reason why Jobs dug his heels in in the first place

    3. Re:What about expanding the customer base? by mkiwi · · Score: 1

      Les gens la se peut enculer. :P

  17. Server-side storage by Runesabre · · Score: 2, Interesting

    What I want from a music download is for them to track what songs I have licensed/paid for and store that on their servers so I don't have to worry about keeping track of my song collection. I don't want to have to worry about whether I have a backup copy of 300 songs when my harddrive goes on the fritz and I don't want to have to spend a weekend figuring out what I need to save off and what can be erased when I decide to upgrade machines. I don't want to have to worry about how many times I've burned a song to CD. I don't EVER want to have to worry about having to re-purchase a song because I've lost my copy.

    That's when I'll get involved in a music download service.

    --
    Runesabre
    Enspira Online
    1. Re:Server-side storage by osssmkatz · · Score: 2, Insightful

      I don't understand. You want them to track your music. That sounds like D(R)M to me.

      Napster already does what you request. Any tracks you purchase can be redownloaded simply by pressing a button for free. Any tracks you rent can be redownloaded as long as that subscription is current.

      Of course, if Napster no longer has a license (contract) for that song, you are out of luck.

      --Sam

    2. Re:Server-side storage by mrobin604 · · Score: 1

      Mod this up!

      Wow, what a concept! A digital download music service that actually adds value beyond plain ol' CDs, rather than providing an inferior product to them.

      Maybe someday the labels will wise up and do something like this...

    3. Re:Server-side storage by wall0159 · · Score: 1

      eMusic does this, and does it without DRM. They sell mp3s (LAME --alt-preset standard), and keep track of what each customer has downloaded. Songs can be re-downloaded for free, and they also use these data to make recommendations (via people with similar taste, etc).

      I actually find eMusic better to use than iTunes, because it's geared toward people discovering new music, rather than being 'told' what's cool.

      But no, eMusic doesn't have the latest Britney pop ditty... ;-)

    4. Re:Server-side storage by arminw · · Score: 1

      (....I don't want to have to worry about whether I have a backup copy of 300 songs when my harddrive goes on the fritz ....)

      Why do you artificially differentiate between bits that happen to represent music and all the other bits on your HD that may be even more valuable? Do you have accounting data or pictures you want to preserve? You ought to backup ALL your important data! A second, external HD and a few DVD's will save you a lot of grief WHEN your main drive or your whole computer bites the dust. Copying back your data from an external HD is a lot faster than downloading those 300 songs again.

      --
      All theory is gray
    5. Re:Server-side storage by hawaiian717 · · Score: 1

      Sounds like the old My MP3.com service, where you could put your music CD in the computer, and a special program would contact MP3.com and add that CD to your account. Then you could stream the music to whatever Internet-connected computer you happened to be at, without having to bring your CD's with you. It cost nothing, the idea being that by inserting the CD into the computer, you proved that you owned a copy of the music.

      The RIAA hated it, and sued MP3.com into oblivion.

      --
      End of Line.
    6. Re:Server-side storage by Runesabre · · Score: 1

      My financial data is handled by my accountant, my investing firms or whatever type of data being handled just like all my email. My whole house could burn down tonight and I wouldn't be set back in terms of data loss. It's one less thing I have to worry about. After probably a 100+ OS installs on dozen computers over the last two decades, I've looked for ways to not have to worry about what might happen to be on my computers that's important. Physical data possession has become a rather arcane, out-dated idea, IMO, especially nowadays with readily available broadband and ubiquitous Internet. I'll pay for the convenience of not having to worry about where my possessions are located and what I'll do if they get "lost".

      --
      Runesabre
      Enspira Online
    7. Re:Server-side storage by NardofDoom · · Score: 1

      I don't want to have to worry about whether my house is going to burn down or broken into and I lose all 300 of my CDs. I don't ever want to worry about scratching a CD or leaving it in the sun too long. I don't EVER want to have to worry about having to re-purchase a CD because I've lost my copy. That's when I'll get involved in a physical music storage medium.

      --
      You have two hands and one brain, so always code twice as much as you think!
  18. Stop complaining by Anonymous Coward · · Score: 3, Insightful

    You guys can stop complaining about .99 being too much. It's obviously far out of Apple's hands. I think we should put our hands together than thank Steve for fighting The Man. (And don't stay Steve is The Man... because he is, but he damn well isn't, too)

    1. Re:Stop complaining by toddestan · · Score: 1

      You guys can stop complaining about .99 being too much. It's obviously far out of Apple's hands. I think we should put our hands together than thank Steve for fighting The Man. (And don't stay Steve is The Man... because he is, but he damn well isn't, too)

      Just because it's not Apple's fault means that people should complaining about the price? What kind of logic is that? And if it's really the record label's fault as you have implied, that's an even better reason to complain!

  19. To all the naysayers, Ha. by Warlock7 · · Score: 1

    Now most of them are changing their tunes. They were saying before that Apple couldn't/wouldn't stand up to the labels over their pricing plan. Now they're all saying that $0.99 is just too much. Well, good luck finding the singles of the sam quality for less. Why not just admit that Apple has a good thing with the iTunes Music Store?

    1. Re:To all the naysayers, Ha. by Anonymous Coward · · Score: 0

      Well, good luck finding the singles of the sam quality for less.

      It isn't really that hard.

      Err.. you mean for less, like free, right?

    2. Re:To all the naysayers, Ha. by MooUK · · Score: 2, Informative

      Actually, with many of those options, finding examples of a good quality isn't always simple.

    3. Re:To all the naysayers, Ha. by mizhi · · Score: 1
      Now most of them are changing their tunes. They were saying before that Apple couldn't/wouldn't stand up to the labels over their pricing plan. Now they're all saying that $0.99 is just too much. Well, good luck finding the singles of the sam quality for less. Why not just admit that Apple has a good thing with the iTunes Music Store?

      There is a sizable chunk of the /. community that is never satisfied that a corporation can be "good" or even do "good things" unless it is unprofitable or a charity.

      For years, people here bitched about how they really would prefer to get their music legally, if only they weren't forced to buy an entire CD of crap for one good song. You see, they were forced to download illegal mp3s. Now that they have that option, they're being overcharged again, 99 cents is simply too much! Damn Apple for finding an attractive price point and trying to make a profit!

      *Note: Yes, I'm aware that there are still problems such as how much the artists themselves actually make from each sale of a song. Baby steps.

      --
      Humorless sig goes here.
    4. Re:To all the naysayers, Ha. by Warlock7 · · Score: 1

      We are talking about the "legal" downloads...

      But thanks for the suggestions. :D

  20. No big surprise here... by Ritz_Just_Ritz · · Score: 2, Insightful

    The big labels had absolutely no leverage unless they were willing to "go on strike" and cut Itunes off altogether. Given the numbers that Itunes has been pumping for the labels, the result (after the requisite bluster) was a forgone conclusion.

    However, you can bet your ass that the labels are colluding to cut Apple out of the pie after getting a very public caning.

    Cheers,

    1. Re:No big surprise here... by Anonymous Coward · · Score: 0

      They Blinked

      Nice call. Now I don't expect a big Q2 bonus or anything, but baby needs a new pair of shoes... :)

  21. Still sucks for artists. by PAPPP · · Score: 3, Informative

    At last count, the breakdown of where that $.99 goes is (on average):
    Apple - $.35
    Label - $.53
    Artist - $.11
    And thats only after the label reclaims whatever they claim they spent in production costs.
    See http://www.downhillbattle.org/itunes/ for details.

    1. Re:Still sucks for artists. by Anonymous Coward · · Score: 0

      How is that Wal Mart can charge .88 while iTunes is at .99? Is it a lesser quality? As far as I can tell they have all the big label artists too.

    2. Re:Still sucks for artists. by MindStalker · · Score: 2, Informative

      Umm because Walmart takes out $.24 instead of $.35 duh.

      Either way I once bought an album off walmarts online site and realized that it was missing almost 1/3 of the songs (sure it listed the song before I bought but I didn't realize what was on it till I compared later to itunes). Called and complained they told me to stuff it essentially. Never buying from them again.

    3. Re:Still sucks for artists. by 1000101 · · Score: 3, Insightful

      "At last count, the breakdown of where that $.99 goes is (on average):
      Apple - $.35
      Label - $.53
      Artist - $.11"


      I have never been paid 11.1% of 'market value' for any work I've done, and I can see why many people cringe over this figure. However, there is another side to the story. If an artist didn't sign with the label, their chance at large-scale success diminishes greatly. So, why not sign the deal, make 11.1% for each song sold on iTunes, and then build a following so you can pack the arenas and make the big bucks?

    4. Re:Still sucks for artists. by Anonymous Coward · · Score: 0

      Either way I once bought an album off walmarts online site and realized that it was missing almost 1/3 of the songs (sure it listed the song before I bought but I didn't realize what was on it till I compared later to itunes). Called and complained they told me to stuff it essentially. Never buying from them again.

      Sounds like fraud to me. Call your state consumer protection office.

    5. Re:Still sucks for artists. by RalphBNumbers · · Score: 1

      Those numbers don't smell right to me.

      You can get an account with an indie "label" like tunecore.com and get $.70 for each of your songs sold on iTunes.
      That's only a $.29 cut for Apple, not $.35, and I *seriously* doubt Apple is giving this no-name indie label that much better a deal than the big 4.

      --
      "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
    6. Re:Still sucks for artists. by Have+Blue · · Score: 1

      Downhillbattle lost all my respect when they admitted that they bought a digital camera, used it to take a bunch of pictures for one of their pages, and then returned it for a refund. Way to take the moral high ground there.

    7. Re:Still sucks for artists. by Scudsucker · · Score: 1

      Apple - $.35

      Not exactly. The CC company still has to take their chunk outta that 35 cents.

    8. Re:Still sucks for artists. by stretta · · Score: 1

      Stop thinking of record companies as an entity that produces a product that is purchased. A record company is basically a bank that provides very high risk loans. The number one expense for making a record isn't production, it is promotion. All the legal and illegal forms of payola, music videos, print, retail and radio promotion takes lots and lots of cash. Sometimes the loans payback dividends, but, 90% of the time, the gamble fails and the loans are in default. As such, the terms of the loan are rather draconian. The artist is free to reject the terms of the deal. No one holds a gun to their head to sign.

    9. Re:Still sucks for artists. by MindStalker · · Score: 1

      Well they did charge half the price as well.
      Actually it was Kids Bop 3 (bought it for my kid to burn to a cd for her birthday)
      Walmart had the album listed with 18 songs for 9.44
      itunes has the entire album with 30 songs for 19.98.
      I wanted walmart to give me a refund so I could turn around and buy the entire album from itunes, walmart sayed they were sorry but thats the listing of songs provided to them by the record company, they don't have the other songs. I asked that for other peoples benefits if they could label these "albums" as not the full album so that others won't be tricked. They wouldn't do it.

      Anyways I guess I could call them as you can look up and see this fact for yourself, I wonder if there is an easy way to find other albums they do this to.

    10. Re:Still sucks for artists. by stinerman · · Score: 1

      So, why not sign the deal, make 11.1% for each song sold on iTunes, and then build a following so you can pack the arenas and make the big bucks?

      The general feeling is that the label is essentially a middle man who contributes next to nothing to the product, but reaps most of the benefit. This middle man was necessary before the advent of the Internet. Before, you had to pay for enough money to press your own CDs/LPs/etc, pay for a publicist to let people know you made an album, and then try to bribe the disc jockeys more than what the major labels were paying to get the radio to play your album.

      Now a minimal investment getting recording time at a studio is about all that is required. After the album is cut, put some files on a server somewhere, or better yet, set up a bittorrent tracker so your bandwith costs aren't so high. Enough web space for a blog and some promotional items is essentially free (see Myspace music).

      The record industry is archaic and no longer needed. It is about time we upgraded to a better, more equitable system. It is my theory that the only reason it is still around is because it has effectively taught people that major label music is "good music". That is, if a particular band was "good", they would already be on a major label. People generally assume that the best music is on the radio. After all, wouldn't the radio station want to play the best music in order to gain listeners? This is obviously a flawed proposition, but one I think the public at large believes.

  22. The labels wanted a variable price rate. by khasim · · Score: 1

    So they could charge more money for the hottest, newest songs.

    They lost on that.

    And they couldn't pull their catalogs from iTunes because that would hurt their sales.

    When they can't afford to pull their product and cannot get concessions on the price, that is "losing".

  23. Good. by Transcendent · · Score: 2, Insightful

    Considering supply/demand, there is absolutely no reason a song should cost more because it's popular (besides bandwidth costs). It took absolutely no more effort on the RIAA's part or any Label's part to create it, and it can be distributed theoretically to an infinite amount of people from a single copy. It would have been a purely artificial inflation that's tantamount to price fixing.

    1. Re:Good. by AnalystX · · Score: 1

      You're right, but you could have left out the parenthetical: "(besides bandwidth costs)" because bandwidth has nothing to do with song popularity. A song is a song is a song. It isn't like more popular songs are any larger in file size on average than unpopular songs.

    2. Re:Good. by colinrichardday · · Score: 1

      Wouldn't a more popular song have greater demand?

    3. Re:Good. by Transcendent · · Score: 1

      The entire point is that electronic media when distributed electronically is not effected by demand. There is not a 1 to 1 ratio like physical products. It's a 1 to infinite ratio for MP3s... theoretically.

    4. Re:Good. by tsotha · · Score: 2, Interesting
      Your logic applies if the record company pays every artist the same amount of money per song. I would think you'd have to pay more for an esablished, successful star than some band you're taking a chance on. This is surely reflected in the price of the CD.

      I've always thought the price-fixing argument has some merit, though, since the artist is always in a contract that excludes other lables. I can imagine a market where the artist makes a track and labels bid for the right to sell copies in lots of 100,000, say. Distribution would be substantailly less profitable, and the people who create and add value to the music would be paid more in line with profitability.

    5. Re:Good. by Anonymous Coward · · Score: 1, Informative

      there is absolutely no reason a song should cost more because it's popular

      Perhaps you're unfamiliar with the music business. Most songs become popular not because they're great songs, but because the label pays for a truckload of advertising and payola to the radio stations.

    6. Re:Good. by colinrichardday · · Score: 1

      So first you insist on supply/demand analysis, and then when I suggest that more popular songs might have greater demand, you reply that only the supply matters.

      I will point out that musical talent is in finite supply. Also, is the price of a CD affected by demand? After all, it generally costs less to replicate a CD than its market price. Also, there is only a 1 to infinity ratio if copying is not rampant.

    7. Re:Good. by interiot · · Score: 1

      And since supply (for a given recording) doesn't matter, you just look at the demand vs price curve to find the optimum price. If you raise the price 2x, and demand only drops 40%, then it's more profitable to raise prices.

    8. Re:Good. by Transcendent · · Score: 1

      My problem with it is that it has no real basis. Say Jack buys it at $0.50 when it first comes out, then about 500,000 downloads later the price is up to $2.50 when Joe finally gets on his computer to buy it. There is absolutely no reason for the price difference, just that someone found that they can arbitrarily raise the price and people will still pay.

      My issue is the arbitrary increase, and the fact that Joe gets shafted just because he was slow to click the mouse. Yes, that's how an economy works, but I'm saying that it shouldn't be run on greed.

    9. Re:Good. by shish · · Score: 1
      there is absolutely no reason a song should cost more because it's popular (besides bandwidth costs).

      More popular songs take more bandwidth, and hence cost more, per download?

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    10. Re:Good. by colinrichardday · · Score: 1

      Why do you believe that the increase was "arbitrary"? The fact that people were willing to pay the higher price means that the increase was not arbitrary. If Joe didn't want to wind up paying $2.50 than he should have clicked earlier.

  24. Serves right - Profit Maximization does not always by unity100 · · Score: 5, Insightful

    ... maximize profits.

    Profit Maximization and its importance is taught in econ classes, and the sales crowd give it a rather exagerrated importance, but the fact that the 'market' is in fact people which have a tendency to behave according to their own choosing and not as mindless drones of the 'invisible hand' is not.

    They always go for getting the maximum profit achievable with a given or minimum quantity of sales. The very thought at the end does not deliver what they want to get indeed :

    If you make an easily obtainable/copyable product overpriced, you pump up piracy, or at the least unwillingness to buy your products in the target crowd.

    How many of us would think 'well, its just nothing, let me get 5-10 songs tonight' if the price per song was $5 or $10 ? or would any of us get a 'cheaper' song because the song we wanted was priced much higher ? is it that simple that we are going to get the 'best obtainable' from the songs provided ? a sheer stupidity scratch for the marketing crowd ? yes .

    Not only the 'profit maximizing' concept actually hampers the profits, but it also shatters market reach and market control - which is something priceless in most respects. Sell a song for just $0.10, and youll get hordes of people buying songs because 'its just nothing' in price - youll become a net standard.

    Sell them for $5, and youll get piracy.

  25. Inside truth behind variable prices by Anonymous Coward · · Score: 5, Interesting

    Price as Signal

    Forbes: "EMI Group boss Alain Levy said at press conference today that he believed Jobs would introduce multiple price points for iTunes music within the next year."

    The story they're trying to tell you is that "older, less popular songs could be discounted, and in-demand singles could go for more than a dollar."

    Let's think this through, because I think the recording industry is lying about why they want different prices.

    Before I start with that, have you ever noticed that movie theaters charge the same price for all movies, whether they are Steven Spielberg blockbusters or crappy John Travolta religious quackery disguised as science fiction that nobody in their right mind would want to see?

    Theoretically, when a super-duper-blockbuster comes out, like, say, Lord of the Rings, there's so much demand that the movie theaters just end up turning people away. Econ 101 says that they should raise the price on these ultra-popular movies. As long as the movie is sold out, why not jack up the price and make more money?

    Similarly, when stinkers like Lesbian Gangster Yoga with Ben Affleck come out, the movie theatre is going to be pretty much empty anyway ... so Econ 101 says they should lower the price and try to get a few more bucks filling up the theater with price-sensitive moviegoers.

    And indeed this is what the recording industry is telling you that they want to do on iTunes. But they don't do it in movie theaters. Why not?

    The answer is that pricing sends a signal. People have come to believe that "you get what you pay for." If you lowered the price of a movie, people would immediately infer from the low price that it's a crappy movie and they wouldn't go see it. If you had different prices for movies, the $4 movies would have a lot less customers than they get anyway. The entertainment industry has to maintain a straight face and tell you that Gigli or Battlefield Earth are every bit as valuable as Wedding Crashers or Star Wars or nobody will go see them.

    Now, the reason the music recording industry wants different prices has nothing to do with making a premium on the best songs. What they really want is a system they can manipulate to send signals about what songs are worth, and thus what songs you should buy. I assure you that when really bad songs come out, as long as they're new and the recording industry wants to promote those songs, they'll charge the full $2.49 or whatever it is to send a fake signal that the songs are better than they really are. It's the same reason we've had to put up with crappy radio for the last few decades: the music industry promotes what they want to promote, whether it's good or bad, and the main reason they want to promote something is because that's a bargaining chip they can use in their negotiations with artists.

    Here's the dream world for the EMI Group, Sony/BMG, etc.: there are two prices for songs on iTunes, say, $2.49 and $0.99. All the new releases come out at $2.49. Some classic rock (Sweet Home Alabama) is at $2.49. Unwanted, old, crap, like, say, Brandy (You're A Fine Girl) -- the crap we only know because it was pushed on us in the 70s by paid-off disk jockeys -- would be deliberately priced at $0.99 to send a clear message that $0.99 = crap.

    And now when a musician gets uppity, all the recording industry has to do is threaten to release their next single straight into the $0.99 category, which will kill it dead no matter how good it is. And suddenly the music industry has a lot more leverage over their artists in negotiations: the kind of leverage they are used to having. Their favorite kind of leverage. The "we won't promote your music if you don't let us put rootkits on your CDs" kind of leverage.

    And Apple? Apple wants the signaling to come from what they promote on the front page of the iTunes Music Store. In the battle between Apple and the recording industry over who gets to manipulate what songs you buy, Apple (like movie theaters) is going to be in f

    1. Re:Inside truth behind variable prices by ErikInterlude · · Score: 2, Funny

      Similarly, when stinkers like Lesbian Gangster Yoga with Ben Affleck come out, the movie theatre is going to be pretty much empty anyway ...

      I don't know about that. I think I'd be first in line to see Lesbian Gangsters killing Ben Affleck with Yoga...

      --

      --Erik
    2. Re:Inside truth behind variable prices by Anonymous Coward · · Score: 0

      Actually you must have slept through econ101. The movie theaters may or may not want to charge more for bad movies. It depends what the demand curve looks like.

      Look at it this way, if 10 people are going to see the bad movie at $10 and 15 people are willing to see the movie at $5. Then the movie theater would not want to lower the price even though they could get more people. This is obviously a very simplified answer in reality it is profit that matters and not revenue. For more info look up information in elasticities.

    3. Re:Inside truth behind variable prices by MBraynard · · Score: 1
      There are two problems with your analysis:

      Before I start with that, have you ever noticed that movie theaters charge the same price for all movies, whether they are Steven Spielberg blockbusters or crappy John Travolta religious quackery disguised as science fiction that nobody in their right mind would want to see?

      I thoroughly enjoyed Battlefield Earth. There was absolutly nothing about this movie that tried to advocate Scientology. I thought Travolta was great and the story was great and it was much more enjoyable than many Spielberg films I've sat through (like ET).

      Theoretically, when a super-duper-blockbuster comes out, like, say, Lord of the Rings, there's so much demand that the movie theaters just end up turning people away. Econ 101 says that they should raise the price on these ultra-popular movies. As long as the movie is sold out, why not jack up the price and make more money?

      They control it on the supply-side by limited the number of screenings for the film. People have an expectation of a ticket price. By changing the ticket price with the timing of the film, they will make people do something other than want to go see it on opening weekend - and as film releases are now making more and more of their % in the first weekend (the releases are more EVENT based), they want to keep people coming on the openings.

      So just show it on more screens. Awful movies will get many fewer screenings.

    4. Re:Inside truth behind variable prices by jaypaulw · · Score: 1

      This post is overrated. This guy has said the same thing before, and the replies are underrated.

      But I guess he is giving the people what they want.

    5. Re:Inside truth behind variable prices by Vegan+Pagan · · Score: 2, Insightful
      "Pricing sends a signal..."

      ...much weakened by recommendation engines. With a recommendation engine in place, pricing really only fits a supply-demand curve, not some false psychology. If the record labels really wanted to promote something, iTunes could charge the labels big money for engine distortions, per title, per user, per week. Apple could raise the cost of advertizing enormously and earn a huge profit from it by using a recommendation engine as leverage against it.

      "The entertainment industry has to maintain a straight face and tell you that Gigli or Battlefield Earth are every bit as valuable as Wedding Crashers or Star Wars or nobody will go see them."

      Neither studios nor theaters actually like this situation; they simply can't do anything else. Theaters have no way to enforce variable pricing. Patrons can buy a ticket to one show then walk to another. It's too expensive to hire a guard for each room. But in retail, even bricks and mortar, it's easy to charge a different price for each item. This is part of why movie studios are putting more emphasis on DVDs and less on theatrical runs. They can charge whatever the market will bear.

      It's possible there's a lot more music that might get made and sold online if it could be priced how the publisher wants. I personally don't have an iPod or buy from iTunes because they don't have nearly enough anime or video game music. Despite this, I respect Apple for being able to pressure the record labels this much. If Apple is smart and powerful enough to bend the entire RIAA cartel to its will, then the record labels doesn't deserve the benefits of variable pricing. It hurts consumers in the short run, but Apple deserves its lunch for as long as they can get it.

    6. Re:Inside truth behind variable prices by happyemoticon · · Score: 1

      The problem is that most people in Hollywood are so busy patting each other on the back that they can't tell a good movie from a bad one before it's finished (unless it's part of a serial like Potter).

      They couldn't look at the screenplay for The Wild and recognize it as totally derivative and only marginally funny. John Travolta had no idea he was making the worst movie of all time when he started Battlefield Earth. All they can really do is make ten movies, watch nine of them flop and hope the 10th will be a hit and hope to make some of that money back. And it's not like the crap movies cost less. Look at Waterworld. That was the most expensive movie that had ever been made at the time, and it was utter crap.

      I'm inclined to think that it's because they're too busy giving each other (metaphorical) handjobs to care about movies: that they are all stupid, immature assholes who run crying to their mommies if they get even an ounce of constructive criticism; that they are so blinded by drugs, sex and Yes Men that they have no faculty to objectively analyze the merit of a movie. But that's probably only partially true. Even after George Clooney's acceptance speech, I recognize that it's really, really hard to predict where the market is going to go with its thousand billion variables.

      But hey, let's go through a few scenarios:

      They set Gigli and LoTR at the same price level. Three days go by and it's clear that LoTR is inspiring and that Gigli is shit. If they price Gigli down to $5, chances are now that even less people are going to go see it than before, because not only do they have word of mouth information telling them that it's shit, the price says so too. So now nobody goes to see it.

      They set LoTR at $5 because it was made by a bunch of New Zealanders (snicker), and Gigli at $12 because it was made by spoiled rich people in Los Angeles. Three days go by. If they jack up the price of LoTR, people will think it's price gouging (and it is) because it's not the type of good that really HAS a supply. Those people who saw it 8 times will probably just wait until it comes out on DVD.

      So, the problem is really that nobody knows what the demand curve looks like in advance, and adjusting the prices mid-run has dubious benefits. Oh, and there's also the fact that the theaters themselves have no incentive to maximize box office profits, because they make all of their money off of concessions.

    7. Re:Inside truth behind variable prices by Alicat1194 · · Score: 1
      Just to play Devil's advocate, isn't what the record companies are trying to do essentially the same as the pricing structure of your average Blockbuster store?

      Everyone wants to see the 'new thing out' so they charge you $x for an overnight rental, but a 20 year old B-grade slasher flic only costs $x for the entire week, otherwise no-one would be interested in renting it. The concept is basically the same, just substitute 'music' for 'movie.

      While I don't doubt that it's possible that the recording industry has some nefarious reason for variable pricing, on the flip side it could also benefit artists whose work might not necessarily be downloaded if people had to pay 'full' price.

      --
      You can learn a lot about a person if you just take the time to inject them with sodium pentathol
    8. Re:Inside truth behind variable prices by mgblst · · Score: 2, Interesting

      The answer is that pricing sends a signal.
       
      This is a strong argument, and no doubt has a lot of backing. But you don't see this everywhere. When I go to tescos, I see dvds selling from £2 to £20. I really believe that cinemas would benefit from selling cheaper tickets when the movie is on its way out.

  26. allofmp3.com by TheGratefulNet · · Score: 0, Redundant

    I WISH people would 'get' that they don't HAVE to support DRM and the evil record companies.

    allofmp3 (russia) does pay fees to artists (based on russian law, essentially a radio play fee for each downloaded song). but YOU get to decide if it has compression or if its flac or wav or whatever. all files are properly tagged and seem quite high quality (I've spent a few hundred $$ on that site - and I'll probably spend more, too).

    when the cost of a WHOLE ALBUM is about a buck or so, why on earth would I pay 10x that for DRM versions??

    boggle.

    even if the itunes store was to price-match - it still has evil DRM. I will never ever buy any song that has DRM in it.

    --

    --
    "It is now safe to switch off your computer."
    1. Re:allofmp3.com by Llywelyn · · Score: 1

      How, while one is in the US, does this differ legally or ethically from downloading from a P2P network?

      --
      Integrate Keynote and LaTeX
    2. Re:allofmp3.com by MKalus · · Score: 1

      Does it matter where the artists get paid? I can travel to Russia buy a CD there (or to Germany, UK etc. etc.) from the US and nobody (besides the *IAA) would tell me I broke the law by buying the media in another country.

      --
      If you want to e-mail me, use my PGP Key.
    3. Re:allofmp3.com by AnalystX · · Score: 1

      "Does it matter where the artists get paid?"

      Apparently.

    4. Re:allofmp3.com by AnalystX · · Score: 1
      "allofmp3 (russia) does pay fees to artists"
      When you can quantify how much the artists are getting paid, you might have a case. If you're only paying $1 for an album and iTunes albums cost $10-$12 with $0.11 going to the artists, there's a big discrepancy in what the artists must be getting. Besides the obvious difference, allofmp3.com must be taking some cut of that, and their overhead is probably more expensive than Apple's since they're working on a smaller scale. At the end of the day, I bet that artists are either getting screwed by allofmp3.com, or they're getting screwed by allofmp3.com. Do you see the two possibilities?
    5. Re:allofmp3.com by MKalus · · Score: 1

      In who's mind? The industries? The artist?

      --
      If you want to e-mail me, use my PGP Key.
    6. Re:allofmp3.com by Lehk228 · · Score: 1

      or you COULD sign up for eMusic and pay for cheap songs without supporting slave traders and mobsters

      --
      Snowden and Manning are heroes.
    7. Re:allofmp3.com by GaryPatterson · · Score: 1

      It only pays fees after the artist registers for them. How many do you think did that?

      And given that songs are sold for a few cents, how much do you think the artist gets? One-tenth of a cent? One-hundredth of a cent?

      Woo.

      It's nothing more than sanctioned piracy. I'd be willing to bet that no international artist ever gets a cent from sites like allofmp3. Until I hear that *actual* money is paid to artists, and see *real* cases, I will have to believe that no-one gets a cent except allofmp3.

    8. Re:allofmp3.com by Llywelyn · · Score: 2, Interesting

      There's nothing wrong with buying media in another country, but there's a difference between buying pirated media in another country where it is legal to do so and buying a CD in another country.

      The only reason this is even legal in Russia is because of a loophole in their law that allows for music to be "broadcast" over a cable without the artist's permission. This, combined with the Russian Organization for Multimedia & Digital Systems's ability to license material that doesn't belong to them, makes this in no way equivalent to simply purchasing a CD in a foreign country.

      --
      Integrate Keynote and LaTeX
    9. Re:allofmp3.com by Anonymous Coward · · Score: 0

      Too lazy to read the other replies to this...but this is possible in America..But you first have to have the licnese to "Distribute"..Not just playback. Not only that but you then have to deal with haveing multiple licenses. I currently am under the sesac internet proformance license, which only allows me to stream music, be it on-demand or random, but if I were to allow downloads I would have to grab another license level...add in the cost per ..lets say download... even cutting even its still like .25 per track, and that dosn't cover every track, only those that the publisher or artist licensed through the company. Oh anyone who is looking into licenseing don't use BMI, they have nothing relatively new and their horrible with responding to issues, and cancleing accounts...

    10. Re:allofmp3.com by mrchaotica · · Score: 1

      It differs legally from downloading from P2P in that, as far as anyone can tell, it's not illegal.

      Considering that I don't know if any of the money gets back to the artists or not, it may not differ ethically from downloading at all.

      It also differs practically from P2P because you're guaranteed to get a good version (i.e. no missing pieces or re-digitized analog copies) and you can get a lossless version if you want.

      Finally, consider that allofmp3.com has a non-zero cost in the form of money, but P2P also has a non-zero cost in the form of risk.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    11. Re:allofmp3.com by idsofmarch · · Score: 1
      I'm sure that allofmp3 plays fast and loose with copyright and paying artists and their legality is at best questionable (that it's based on Russian law, when you are subject to US [or other] law is another problem).

      They even mention this in their FAQs:

      The user bears sole responsibility for any use and distribution of all materials received from AllOFMP3.com. This responsibility is dependent on the national legislation in each user's country of residence. The Administration of AllOFMP3.com does not possess information on the laws of each particular country and is not responsible for the actions of foreign users.

      I would say that eMusic is a much better group of people who have lots of cool indie stuff, like Calexico's new album Garden Ruin for a couple of bucks a month.

      --
      Anyone who whines about being modded down should be.
    12. Re:allofmp3.com by Llywelyn · · Score: 1

      The licensing tricks that work in Russia do not extend to the US. Its legality is questionable even in Russia, though it has thusfar avoided prosecution.

      In the US, the issue has not been ruled on, but it seems exceedingly unlikely that they will rule in the favor of allofmp3.com, particularly given the way that licensing works in the US and that the authors do not need to give their consent in order for allofmp3 to turn a profit on that author's music, or that Russia's copyright law terminates before the US copyright law does.

      As an additional note, I have heard that Germany has ruled it to be illegal.

      IANAL, but Citations of note: 17 USC 501(a)

      "Anyone who violates any of the exclusive rights of the copyright
      owner as provided by sections 106 through 122 or of the author as
      provided in section 106A (a), or who imports copies or phonorecords into
      the United States in violation of section 602, is an infringer of the
      copyright or right of the author, as the case may be."

      http://www.law.cornell.edu/uscode/html/uscode17/us c_sec_17_00000501----000-.html

      17 USC 106:
      "Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

      (1) to reproduce the copyrighted work in copies or phonorecords;
      (2) to prepare derivative works based upon the copyrighted work;"

      http://www.law.cornell.edu/uscode/html/uscode17/us c_sec_17_00000106----000-.html

      --
      Integrate Keynote and LaTeX
    13. Re:allofmp3.com by Wiz · · Score: 1

      Oh come on! If it was illegal in Russia they'd have been taken down ages ago. They were some investigations early last year, but they came to nothing as they are within Russian law. There is a loop-hole there.

      Perhaps this may help:

      [url]http://www.museekster.com/allofmp3faq.htm[/ur l]

  27. Too bad only 4 years by suzerain · · Score: 4, Interesting

    It's too bad the contracts are only for four years...so we'll see this whole senseless charade again soon enough.

    I had thought Apple might try to secure a longer term deal with the labels (maybe agreeing to a pcrice increase with inflation or something). My plan at Apple would be:

    (1) Negotiate long-term deal with the labels (10 years or more).

    (2) Spend the next year either inking a deal with Apple Records and the Beatles, winning the lawsuit, or buying them outright.

    (3) Convince one or two BIG artists to sell directly themselves with Apple as the distributor. Offer them like 50% of the proceeds of sales, and sell through the iTunes Music Store exclusively, with possible physical distribution at Apple Stores.

    (4) Other smaller artists take notice, and an Apple label (maybe not named 'Apple' if the Beatles situation can't be won) suddenly begins to gain momentum, and fuck over the labels in the process (which would make me rather happy).

    (5) Profit.

    You could throw another step in there, since Jobs is Disney's largest shareholder. Apple and Jobs could buy Disney outright, and gain some record distribution and music IP themselves, which they could immediately market at a different standard than the labels who "won't play nice". Then they could sign artists to Buena Vista Music or whatever.

    I know, I know, the prospect of Apple having this kind of media control is a bit scary. But personally, I don't fear it because I believe all music and video is destined to be free ("pirated", if you want), anyway...but I would sure like to see someone (Apple would be fine) bend those record industry jerks over and do to them what they've been doing to us for the past 40 years.

    I feel so much better after a nice diatribe...

    --
    gameDB
    1. Re:Too bad only 4 years by tepples · · Score: 1

      an Apple label (maybe not named 'Apple' if the Beatles situation can't be won) suddenly begins to gain momentum

      It would be called "iTunes Records" of course.

      You could throw another step in there, since Jobs is Disney's largest shareholder. Apple and Jobs could buy Disney outright, and gain some record distribution and music IP themselves

      Isn't Buena Vista Music Group still distributed by Universal and EMI, both major labels? And would Apple inherit Disney's propensity for lobbying for anti-consumer copyright amendments (CTEA, NET Act, DMCA) and harmonisations (inclusion of CTEA and DMCA in Australia-United States Free Trade Agreement)?

    2. Re:Too bad only 4 years by Technician · · Score: 1

      (3) Convince one or two BIG artists to sell directly themselves with Apple as the distributor. Offer them like 50% of the proceeds of sales, and sell through the iTunes Music Store exclusively, with possible physical distribution at Apple Stores.

      And sell their tunes at $.50 each so the artist gets $.25 of a much larger pie instead of $11 of a much smaller pie of the higher priced label tunes.

      Just watch Apple become a big label as artists follow the money.

      --
      The truth shall set you free!
    3. Re:Too bad only 4 years by cwilly · · Score: 1

      (3) Convince one or two BIG artists to sell directly themselves with Apple as the distributor. Offer them like 50% of the proceeds of sales, and sell through the iTunes Music Store exclusively, with possible physical distribution at Apple Stores.

      Unfortunately, any "BIG" artist is also bound by the terms of a record deal, which woul prevent them from circumventing their label. If an artist like Toby Keith (who owns his own label now) wanted to go this route, he could, because he OWNS his label, and therefore, his music. Unfortunately, if say, Sheryl Crow, wanted to try this, Interscope Records would have a hissy fit and sue her the next day for breach of contract.

      When an artist signs a record deal, its an exclusive personal services contract for that record label for seven years. Unless the label lets them out of the contract, the artist isn't allowed to record for any other label (like collaborating with an artist from another label) without permission from the artist's label. They also aren't allowed to record their own album and sell it independently, unless there are special terms in their contract for that.

      So, going to the artists to get them to screw the labels isn't going to work unless they are released from their deals, which probably means they weren't selling anything anyway, and probably aren't going to attract much attention on your ideal iTunes label.

  28. So much for the same old line... by Anonymous Coward · · Score: 0

    So much for the tired old line that I've heard way too often:
    "If Apple gets into power they will abuse it just like Microsoft."

    I can't wait for those people to admit they were dead wrong.

    1. Re:So much for the same old line... by MooUK · · Score: 1

      As yet, they don't seem to have abused it. That doesn't mean they won't.

      Nor, of course, does it mean they will.

  29. Fewer Songs in Future? by johkir · · Score: 1

    I wonder if the record companies will release fewer songs to Apple in the future, just so they can charge $1.99, or $2.49, or $n+1 later, on their own bitc...er, affiliates elsewhere.

    --
    These are some of the things molecules do...... given 4 billion years -Carl Sagan
  30. Why just music? by Flimzy · · Score: 1

    I know it would still be a bit overpriced, but I would at least consider paying $0.99 for a downloadable copy of The Last Samurai in HD, or the latest edition of Microsoft Office if Apple would add movies and software to iTunes, too.

  31. Re:How Is This A Defeat? by jaseparlo · · Score: 1

    In problem solving/negotiation, you have compromises, in which the issue ends but nobody actually gets exactly what they wanted, a win-win, in which both parties get what they wanted (usually by understanding the actual things each party is after and finding a lateral solution instead of the midpoint) , and a shafting, in which one party gets what it wanted and the other thinks it has compromised. Music giants have wanted tiered pricing for a long time, and have succeeded in implementing it in some services. we know they wanted that and they concede they didn't get it. So they have compromised because they stil want the revenue they were getting. We don't know for sure what Jobs/Apple went into negotiations looking for, but the fact that they didn't even cop a price rise from three years ago suggests that they probably got a lot closer to what they wanted.

    --
    All available data suggest that regardless of any of this, the sun will still come up tomorrow.
  32. The RIAA doesn't mind iTunes by TorKlingberg · · Score: 4, Insightful

    People make it seem like iTunes is on our side against the big record companies or something. It's not. If the RIAA companies really disliked iTunes, they could stop iTunes from selling their songs any time. The RIAA likes iTunes. Sure, they would like to make even more money from it, but they make plenty now as well. All this "fighting" between Jobs and RIAA is just a show.

    To make it simple, Apple and RIAA are in bed with each other. They just can't decide who's to be on top.

    1. Re:The RIAA doesn't mind iTunes by R2.0 · · Score: 1

      Just because the record labels don't bolt doesn't mean they are in bed with Jobs. It is entirely possible to despise someone and still work with them - it's called real life.

      The labels may be greedy, manipulative, evil, whatever, but they are not stupid. Prior to iTunes, the labels weren't making a dime off Internet based distribution. Oh, they could see it was happening, but they couldn't really touch it, except for token lawsuits and lobbying. ITunes gave them a way to make some money off the phenomenon. Do they still want to make ALL of the money? You bet, and that's why they dislike Steve-o. But they are not going to walk away from a lot of money (over 50%) for no money.

      Think of it another way:
      1 label leaves - the other three laugh all the way to the bank as their sales increase and the wayward label's stuff gets downloaded anyway, for free.
      All the labels leave - wham - antitrust suit. Remember, these guys can't NOT collude - that's what the RIAA is for.

      I won't say Jobs is a saint - he may be Beelzebub to RIAA's Lucifer - but the saying goes "The enemy of my enemy is my friend". Right here, right now, Steve Jobs is our friend.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
  33. 99 Cents? by Igasagu · · Score: 0, Redundant

    Pay money for music? People are still doing that?

  34. If you all want money to.... by Statecraftsman · · Score: 1
    go to the artist, then look for sites that offer a larger cut to the artist.

    I don't know of any at the moment but it can't be that hard to setup a site that allows the consumer to download with payment and the artist to setup a simple pay-per-click marketing campaign. I'm sure the artist can get more than 0.11 cents out of the dollar.

  35. The reason this is good news... by SvnLyrBrto · · Score: 1

    ... is not so much that it's taking *money* away from the RIAA/metallica (that can come later), but that it's taking some degree of *POWER* away from the RIAA/metallica. It used to be that the music cartel held all of the cards, so to speak, and technology companies got boned (See the old-school incarnation of Napster.) But online music and iPods are not going away. And Steve Jobs just wrested that much more CONTROL away from the RIAA/metallica types.

    A few years down, Apple is going to represent a larger and more important part of the sales pie. That will give Jobs more leverage than ever against the RIAA. He'll be able to, in effect, say to them: "These songs WILL be sold at $.99, or you will NOT be sold through iTMS." And iTunes will have grown that much more that the threat will stick.

    And once Jobs has the power and control wrested from the RIAA/metallica, THEN you start diverting the greater share of the money away from them and into Apple's hands....

    cya,
    john

    --
    Imagine all the people...
    1. Re:The reason this is good news... by babbling · · Score: 1

      Yeah, taking POWER away from FOUR companies and handing it to ONE very power-hungry company.

      Fantastic!

  36. Depends on your Label.... by Anonymous Coward · · Score: 0

    My label (being owned by me) gives me a 100% share of (what Apple gives us) in iTunes sales. The artist should have known what they were getting into when the signed on the dotted line.

    Of course the labels told me to "GO AWAY!", which is why I founded my own label...

  37. No "Uber-Algorythm needed by CFD339 · · Score: 1

    Lots of folks in New Jersey and Las Vegas do it all the time. Its called book-making or handicapping. Tony Soprano types -- if there is such a thing that's even remotely close to what HBO portrays -- could probably rattle off such a process pretty quickly.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  38. 4 Years in this business is a long time by hepstah · · Score: 1

    Ten years is an eternity in this business. Four years ago, barely anyone bought music online the way they do now. Not to mention that inflation would erode $0.99 over that period significantly, and there's a great chance that we won't even buy media that way in ten years.

  39. Some day by fluorescentThunder · · Score: 1

    Some day I'd like to see more Creative Commons labels gain a bit more popularity, a nice simple alternative to commercial labels where the artists get paid on donations from people who liked their stuff. Until better bands start showing up there, I'll stick with my buck an album at AllOf for MP3s that do not limit me.

  40. Metonymy by tepples · · Score: 3, Informative

    Apple doesn't pay any money to the RIAA when a song is sold on iTMS. They pay the record company

    "RIAA" is a metonym for the major record labels and the largest minor record labels, all of which are members of RIAA.

  41. I'm reasonably convinced that Apple does this by Space+cowboy · · Score: 3, Interesting

    I've heard of several accounts where someone had lost all their music, phoned Apple in desperation, and been given the right to download what they had already purchased.

    I think Apple just don't want the administrative overhead (for no extra value to them) and there may also be legal issues with promising that sort of thing - or maybe they just don't want to set the precedent...

    Still, I've heard it 3 or 4 times now from different people, and though I hope I'll never need it, it's nice to think there's *some* backup for my music on Apple's databases. It doesn't protect my ripped CD music, but at least I could get what I'd paid for...

    Simon

    --
    Physicists get Hadrons!
    1. Re:I'm reasonably convinced that Apple does this by Anonymous Coward · · Score: 0

      When Apple allows you to "redownload", RIAA actually makes them pay for those tracks a second time. I.e., Apple is taking a loss on each of the tracks they allow you to "redownload". Sounds weird but that's the way it works.

    2. Re:I'm reasonably convinced that Apple does this by SuperMog2002 · · Score: 1

      I think Apple just don't want the administrative overhead (for no extra value to them) and there may also be legal issues with promising that sort of thing - or maybe they just don't want to set the precedent...

      Yeah, that's a PR trick I've seen a few times: promising less than you intend to give. Newegg does it all the time: they advertise that your order will be processed and shipped within 48 hours. Every time I've ordered from them, my order has been on the truck and on its way within 3 or 4 hours, even when I ordered after normal business hours. Apple is the same way with iTunes: they advertise that once you download the file, you're on your own and that you can only activate five computers at a time, but in practice, they'll let you mess up once or twice before pointing to the policy you agreed to and telling you to go away.

      I think the idea is just that in the event that they can't ship your order within 4 hours or don't wish to allow you to redownload your songs, they're not obligated to. In the meantime, they're going above and beyond expectations and building strong reputations (almost everyone knows Newegg service is lightning fast and that iTMS gives you some leeway with the DRM and the downloading). I would argue that word-of-mouth and friend to friend recommendations are the most important and certainly the most effective form of advertising, yet they're the only two you can't buy. Going above your customers expectations is an excellent way to get them talking about you and recommending you to their friends.

      --
      Sunwalker Dezco for Warchief in 2016
    3. Re:I'm reasonably convinced that Apple does this by cyklo · · Score: 1

      You can revoke all your activated computers once in a twelve month period, allowing you to start over and redownload. http://docs.info.apple.com/article.html?artnum=930 14

  42. Corporate America? Try Japan, France, and UK by tepples · · Score: 1

    greedy corporate america gets told to "stuff it"

    Of the five companies involved in this negotiation (Apple Computer, Sony BMG Music Entertainment, Warner Music Group, Universal Music Group, and EMI Group), only Apple Computer and Warner Music are American corporations. Sony is Japanese; Universal is owned by Vivendi, which is French; and EMI is English.

  43. Used CDs: Just for comparison's sake by LoveMe2Times · · Score: 1, Interesting

    I purchase all of my music from the used CD store. While I understand that I am helping to create a market for second hand CDs, thus reducing the risk of purchasing new music for others, I am also getting the full CD experience at a price I find acceptable while supporting the RIAA only indirectly. It's a compromise that I like.

    Anyhoo, when I buy used CDs I get them anywhere from $5-$12 per CD, and I average something like $7.50 after tax. It's a bit harder to figure the average number of tracks per CD though, but it's certainly more than 10. Also, I have some choice in how I skew the numbers. CDs I'm confident in and are hard to find, I'll spend more on. Artists I'm less familiar with, I spend less on, and if I can't get them at a price I find acceptable, I pass, plain and simple. But the stock changes continuously, so I'll keep checking. It's not unusual to find the same CD marked at $5, $7, and $8 or some such, so there's reason to believe you might find it cheaper at a later time.

    If I have reason to believe that the album tracks by a given artist suck, then I stick to hits compilations. But I delight in finding hidden treasures, so I try and get albums. The more recent artists who don't have compilations also tend to sell for cheaper anyway, so it works out.

    As an example, last week I got 7 CDs: 3@$10, 2@$7, and 2@$5. The $10 items were things that are hard to find (Rolling Stones and Radiohead), and the $7 were by an artist I like and a friend recommended, and the $5 items were by an artist I wanted to explore and my friend strongly recommended. With a 10% frequent shopper discount, sales tax, it worked out right in line with my $7.50 average. I haven't done a track count, but I'll guess that I averaged $.60 a track. This is for unencumbered, non-lossy-compressed, works-everywhere, full case and sleeve CDs.

    Granted, I do a little leg work to track this stuff down, but for me that's part of the fun. Also, every single time I've gone to the ITMS looking for something, they haven't had it. Good selection or no, a download service has to compete with this market. I don't know how big this market is, so maybe it's no big deal. But I get a lot of CDs ( > 100/year), so this average cost is very important to me. If you only want a handful of songs every year, then it just really doesn't matter much, the difference between $.50 and $.99 and $1.99 per song.

    1. Re:Used CDs: Just for comparison's sake by Anonymous Coward · · Score: 0
      The $10 items were things that are hard to find (Rolling Stones and Radiohead),

      You have an eccentric definition of "hard to find".

    2. Re:Used CDs: Just for comparison's sake by LoveMe2Times · · Score: 1

      Obviously, "hard to find" for used CDs depends very much on the (geographical) market you're in. The thing with the Stones is, they have so many albums that finding the particular one you're looking for can be quite hard--if you're looking for the good ones, that is. A friend bought me a copy of Let it Bleed new as a gift; to this day I've never seen it used, and I was quite happy to turn up Exile on Main St, as I'd never found it before. Around here, Radiohead never sticks around very long in the used rack, and this was the first time I'd ever come across Pablo Honey used. Naturally, it was the only Radiohead CD in the store...

      Doing a quick check on eBay, I only turn up 5 people selling Exile on Main St. One of them is a rare Japanese version, one is bundled with Voodoo lounge, and one ships from the UK, leaving a grand total of 2, read it, *2* normal copies in the US. As an aside, neither would have been cheaper than the $9 bucks I paid. Overstock.com doesn't have Exil on Main St at all, and Let it Bleed is still moderately expensive at $14 (before shipping)!

      Pablo Honey by Radiohead looks more promising at first, with 22 listed sellers. But then you notice that: 9 are in the UK, and there's one each from Spain, Argentina, Australia, and the "Russion Federation" as the page puts it. That leaves 9 US sellers, however many have fairly steep shipping fees, but I might have been able to save a buck, it's true. Similar story with OK Computer--lots of sellers, but only 4 in the US. Of course, when shopping online, you might not care about imports, but it affects shipping time and costs, but we were talking about availability in local used CD stores. Overstock.com has these, but with shipping it's a good bit more than what I paid.

      For comparison, Sheryl Crow's latest album turns up 40-some odd sellers, with 30+ being in the US. Guess what? My local shop has a dozen copies and sells them for 5 bucks. With shipping costs, eBay can't compete with that.

      So, where I live, the things I cited are hard to find. YMMV

  44. indemnity by Loconut1389 · · Score: 1

    Now if the RIAA and MPAA would offer indemnity to anyone who promises to legally obtain all future music and movies. EG, any mp3s or movies you may have downloaded in the past (and presumably destroyed) could not be used against you. Then you'd have a bunch of people that are all of a sudden on a clean slate.

    what is the statute of limitations on downloads anyway? EG RIAA/MPAA discovers you downloaded a few gb of mp3s in your college days, but its 5 years later?

  45. Fuck? by tepples · · Score: 1

    I once bought an album off walmarts online site and realized that it was missing almost 1/3 of the songs

    Did the lyrics to these 1/3 of songs contain the word "fuck"? I've read that Wal-Mart generally does not approve of lyrics that contain "fuck".

    1. Re:Fuck? by MindStalker · · Score: 1

      Hhehe actually it was kids bop 3 (bought it for my kid) itunes had a 30 song album for 19.98 walmart had an 18 song album for 9.44. I can understand them not wanting to sell 30 songs for this price, but they could atleast be clear about it and or offer to let me buy the entire album.. but no.

  46. Re:where is the loss-less files? by Anonymous Coward · · Score: 1, Insightful

    I don't understand why this shit is even popular???

    At $0.99 per track, for a crappy quality download? You are better off buying the CD. All these places can go stuff it, until they're offering a lossless copy of the CD at less than the price of a CD... otherwise, I'll just keep getting the CDs I like and ripping as FLAC... wait does ipod even support flac? Bah... what a bunch of crap. all of it. bah humbug. I like my iaudio, usb hd flac (and ogg) supporting media player...

  47. Capitalism != Corporatism by Anonymous Coward · · Score: 0

    I'd be glad to live in a capitalist country, but such a thing simply doesn't exist. Instead, the United Airlines of the world sucker stockholders and employees to dump their life's savings into the company. Then, every so often, those at the helm shake the ship into their pockets and move on to raid other corporate coffers. Leaving us, the guys at the bottom, out cold.

  48. magnatune.com by chocolatetrumpet · · Score: 1

    don't forget magnatune!

    --
    Spoon not. Fork, or fork not. There is no spoon.
  49. then support independent artists by johnpaul191 · · Score: 1

    there is no way a major label will let you give all the money to the artist directly. the label, in theory, spends a ton of money promoting and recording artists and has to make sure all the revenue goes through them. buying a CD in a store, or downloading it from iTunes is not going to matter in the end. the artist will probably get the same amount. major labels do everything to protect their investment. these days most contracts include majority control over the music, a chunk of merchandise and even control of the band's website.

    if you want to support an artist directly, you have to find an artist releasing their music themselves and buying it directly from them (physically, off their website etc), or buy a t-shirt or something.

    as much as it sucks, if artists did not agree to sign those major label contracts, the industry would, in theory, change. i suppose most artists are totally replaceable and know there are a thousand people behind them that would be more than willing to sign anything. it's rare for artists to have much leverage in those situations unless they are super super super huge, and often those artists are locked into super long-term contracts already.

  50. Re:Serves right - Profit Maximization does not alw by Jeff+DeMaagd · · Score: 1

    I don't think you or the RIAA necessarily have it completely right. Basically, you are railing against the name of the very concept that you are advocating, which puzzles me, unless there is a different name I am not remembering.

    Profit maximization isn't about maximizing the profit per-unit but maximizing the total profit, sales volume in units times net profit per unit. Sometimes to maximize profits, you reduce the prices, sometimes, you increase them. It really depends on how the market responds and what volume you can sell. If maximizing profit means increasing the prices, whether "piracy" is increased is not the issue, the hypothetical total net profit/sales volume curve is supposed to take that into account.

    Still, how many units would have sold at a different price is always a bit of a guess.

  51. Your (their) numbers are wrong and misleading by linuxbaby · · Score: 4, Insightful
    My company is one of the largest distributors of music to iTunes. I know what I'm talking about.

    For a 99 cent sale, Apple pays the copyright owner 70 cents.

    What the copyright owner chooses to do with that 70 cents is up to them.

    If the artist sold their life, soul, and music over to a huge label in return for a massive advance, then the label is now the copyright owner (NOT the artist), and the label might pay the artist a pittance of that 70 cents. (Every contract between label and artist is different, and Apple has nothing to do with that.)

    If the artist did not sell their soul to a label, then they are still the copyright owner, and the artist gets to keep the entire 70 cents.

    I admire the Downward Battle guys in some ways, but their protest is misguided when they try to make Apple look like the bad guy because an artist chose to sell the rights to their music over to a big label.

    It was the artist's choice give up ownership of their music. They could have remained independent but they chose the big up-front advance in return for no longer owning their own music.

    1. Re:Your (their) numbers are wrong and misleading by PAPPP · · Score: 1

      I hadn't thought of it in those terms, if your information is accurate that ceartianly does place most all the blame on the labels (id say a 29 cent cut for distribution isnt particularly unreasonable, servers and bandwidth aren't free).
      It also presents yet another good reason that music celeberties shouldnt be taken as role models...

  52. why does the iTunes search engine suck? by opencity · · Score: 2

    I've spent some $ on iTunes. Hate the DRM, not a huge fan of mp3 (vinyl: new thing the cool kids are into), but .99 is just right for an impulse buy.

    However,

    The search engine blows. Having to find a Kelly Clarkson song for a young student (she's 10) I couldn't type Kelly Clarkson into the search. Had to go to the pop charts and follow a diffent hit. Get it together or have google do the indexing.

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
    1. Re:why does the iTunes search engine suck? by Anonymous Coward · · Score: 0

      Strange. Typing "Kelly Clarkson" returns every song on iTMS. Perhaps you mispelled her name? Or searched in your own library instead of the Music Store?

    2. Re:why does the iTunes search engine suck? by Anonymous Coward · · Score: 0

      uh user error maybe.... search works fine and returns 86 items....Get it together or let the "young student" show you how

    3. Re:why does the iTunes search engine suck? by Anonymous Coward · · Score: 1, Informative

      Geez...just how bad do you type?

      Kely Klarkson
      Kely Clarckson
      Kelly Clarckson
      Kely Clarksin
      Kelli Clarckson
      Kelli Clarcson

      all return the american idol singer results.

  53. Nonsense - addicted to money by SuperKendall · · Score: 1

    No, the labels honestly chafe at playing the Apple game and would be gone in a heartbeat - if it did not mean letting go of a revenue stream pulling in tens of millions per year (heck, by now that might be per-month). They simply cannot resist the lure of recurring revenue and if they could figure out some way to sell songs online that would stick, they would just drop the contract like a hot rock and let the lawyers figure out the rest.

    I think there is also some degree of artist demand to be on iTunes that the labels would have some trouble resisting altogether.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  54. Price = value or currency by ElitistWhiner · · Score: 1

    The distinction between the commodity (music) and value (price) or (currency). The two attributes of money = store of value and store of currency. iTunes has created a "money" where iTune is a store of value (fixed) and a store of currency (limited). In order to create a Music economy money (itunes) must be allowed to float freely in the marketplace.

    Jobs is holding out on the big labels to lift their "limits" on itune's currency (currently 5) before he allows the value of itunes music to float free. Until then Jobs will keep it fixed.

    Apple will be a MusicBank taking a fee in the transaction as an honest broker facilitating the exchange of music.

  55. You misunderstand definition of "vary" by SuperKendall · · Score: 2, Insightful

    As long as older songs are less than $0.99, I wouldn't really mind.

    You totallly misunderstand what the labels vant in the way of "variety". They mean to have the old songs stay at 0.99, while new songs are $2-$5 each. Seriously, check older news articles for the labels demands.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  56. All the way by SuperKendall · · Score: 1

    Well if you're going to steal from artists why not just download directly from P2P? Or break into thier house and take something.

    What I wish people would GET is that paying .0001 for a song pretty much leaves less than .0001 for an artist, even IF they were actually getting paid ANYTHING.

    Your attempt to keep the Russian mafia rolling in vodka is very kind but let's not pretend it's anything like an ethical option, even if it's smei-technically legal under some wierd loophole.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:All the way by Anonymous Coward · · Score: 0

      To resolve your ethical dilemma:

      1. download 9 or 10 songs from allofmp3.com, in whatever format or quality you like - cost: around $1.00

      2. send a buck or two in an envelope to the artist. - cost: $1.00-2.00 plus a stamp. maybe even drop in a thank you note

      3. allow the sweet tunes to wash over you, along with the warm feeling that you have given the artist their due while at the same time cutting out the greedy RIAA, and saved yourself some cash, which may now be used to support other artists in a similar fashion.

    2. Re:All the way by Anonymous Coward · · Score: 0

      4. Admit that you're a complete moron for giving your credit card number to a shady "business" like allofmp3.com.

    3. Re:All the way by Anonymous Coward · · Score: 0

      you're right. I left out the part where you prepay with a disposable, one-time use credit card number

  57. Very big hurdle crossed by SuperKendall · · Score: 1

    I wondered why Apple stock was going up lately - I had missed this news. This was a big hurdle to overcome, if the Apple store had to give it it would have been a pretty mighty blow to the ITMS juggernaut.

    I actually expected Sony to pull out of ITMS entirely just like they did in Japan when ITMS opened there. I guess they need the cash flow a little too much to just toss out a few hundred million a year...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  58. All hail, Steve Jobs by Enrique1218 · · Score: 3, Funny

    I am not the type to place anyone on a pedestal, but damn, good job Jobs. Man, that reality distortion field was must have been set so high, those negotiators didn't have a chance. They must have believe in free love, down with big brother, and Macs are the faster PC's on Earth. Later, when the effects wore off, they were dumbfounded when they realized that the terms of the contract were the same as before.

    --
    You don't have to be smart to use a Mac, you just have to be smart enough to buy one
  59. Do the labels own these Rights? by redelm · · Score: 1
    Yes, I know the recording labels make artists sign over many copyrights. Egregious. But iPOD might look more like broadcasting than distribution of [physical] recordings. I believe artists still retain those rights and receive "residuals" (NASCAP?). Have there been court decisions?

  60. Why is the RIAA so cranky this week? by Zaphod2016 · · Score: 1

    Not only have they been picking on Apple, but they have also been coming after my fav Internet radio station (3wk.com) this week.

    I know the RIAA is pure evil and all, but why *now*? Call me a conspiracy nut, but it looks to me like they have realy been going apeshit (even moreso than usual) lately.

  61. Stop fooling yourself. by Doktor+Memory · · Score: 4, Insightful

    Not a single recording artist has been paid one cent by allofmp3.com, and I defy you to prove otherwise.

    C'mon. One scan of a royalty check. That's all it'd take.

    --

    News for Nerds. Stuff that Matters? Like hell.

    1. Re:Stop fooling yourself. by s7uar7 · · Score: 1

      Wow, that was a nice sweeping statement, care to cite any backup for it? Since when do the distributors pay the royalties cheques direct to the artist? It would be just as likely that the record companies haven't been passing on royalties to the artists because that would legitimize it.

    2. Re:Stop fooling yourself. by Nightspirit · · Score: 1

      Allofmp3.com pays ROMS (the russian recording industry) (http://www.roms.ru/romseng/index.html) which is why they are allowed to exist. ROMS is responsible for paying the artists. Now, perhaps ROMS keeps all the money for themselves, but that is not allofmp3.com's problem. American artists may not get anything, but there are Russian artists, and I'm sure they get paid, otherwise allofmp3.com would not exist.

      Interview here:
      http://www.museekster.com/allofmp3interview.htm

    3. Re:Stop fooling yourself. by Nightspirit · · Score: 1

      What is also interesting is that, according to the interview, all tracks are recorded on their server as 384 kbps mp3s, meaning it is a waste of money to download them as FLAC files.

    4. Re:Stop fooling yourself. by Doktor+Memory · · Score: 1

      Yup, it's a sweeping statement. You know what the great thing about sweeping statements is? They're easy to disprove: you only need a single counterexample.

      So why can't anyone produce one, when it should be so easy?

      --

      News for Nerds. Stuff that Matters? Like hell.

    5. Re:Stop fooling yourself. by s7uar7 · · Score: 1

      You're still assuming that either the artists would get paid direct or that the record companies would pass on royalties from something they consider to be illegal. A lack of a royalty cheque doesn't prove that allofmp3.com aren't paying out. I'm not saying they are, but your argument is weak.

    6. Re:Stop fooling yourself. by Kjella · · Score: 1

      What is also interesting is that, according to the interview, all tracks are recorded on their server as 384 kbps mp3s

      I've never seen an MP3 with bitrate >320kbps, so what kind of wierd encoding is that?

      --
      Live today, because you never know what tomorrow brings
    7. Re:Stop fooling yourself. by ljaguar · · Score: 1

      as i recall there exist extension that enable mp3 to encode at higher kbps.

      wikipedia says (http://en.wikipedia.org/wiki/Mp3#Bit_rate)

      Non-standard bitrates up to 640 kbit/s can be achieved with the LAME encoder and the --freeformat option, however only few MP3 players can play those files.

    8. Re:Stop fooling yourself. by shutdown+-p+now · · Score: 1

      Another interesting question would be: did any of those artists (or their labels) contacted the appropriate Russian agencies which gather the fees from allofmp3.com on their behalf and asked for their share? I was under the impression that they have to explicitly ask for that money to get it.

    9. Re:Stop fooling yourself. by Anonymous Coward · · Score: 0

      Alternatively, they can write me for their share and I'll pay them.

      I use AllofMP3.com because I refuse to give the big record labels huge amounts of money. A $.99 song from iTunes will net an artist approximately $.045 . I'm happy to pay them that, even more, per song, but I'm not happy to pay $.94 to the bigger companies for extorting artists.

    10. Re:Stop fooling yourself. by swillden · · Score: 4, Interesting

      C'mon. One scan of a royalty check. That's all it'd take.

      Your claim (that allofmp3.com doesn't pay artists) is correct, but for the wrong reasons and the sort of proof you're asking for wouldn't exist even if the artists were paid by allofmp3.

      I worked for a major record label them for six months building a royalties calculation engine, and I can tell you that distributors never pay label-affiliated artists directly. Distributors pay the label, the label calculates the artist's share based on the contract with the artist and periodically cuts a check to the artist which includes royalties from all sorts of distributors. So if they were to get money that came from allofmp3.com, it would be mixed in with other royalty payments, not separated out in a check that could be scanned.

      Among the royalties paid to the artist are the royalties due to licensing to radio stations, which is effectively what allofmp3.com is, from a (Russian) legal perspective. Radio stations do have to pay money to broadcast music, but it's not very much, and (IIRC) it's a blanket license to play all of the music controlled by a label. The cut that goes back to the artists is miniscule -- practically nonexistent.

      So if you're going to use allofmp3, you should assume that the money you're paying them is for the distribution service. If you want the artist to be paid, you need to find another way. Buying merchandise, going to concerts, joining their fan club, or just finding a mailing address and sending them $2 are all good ways to do it. In fact, they're all ways that will put more money in the artist's pocket than will buying a CD or downloading from iTunes.

      A direct result of the time I spent working on that royalty calculation system is that I personally feel it's immoral to give money to the labels. From a moral perspective, I feel better about using allofmp3 (or bittorrent, but allofmp3 is more convenient and consistent) and finding another way to pay the artist. Preferably one that I'm sure the label can't take a cut of (the envelope with $2 cash seems like the best bet).

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    11. Re:Stop fooling yourself. by Apotsy · · Score: 1
      You are completely missing the point. You even stated his point explicitly ("If you want the artist to be paid, you need to find another way"), but didn't seem to recognize its significance.

      Even if the payment is "mixed in" with other stuff, there should still be some record of the royalties specifically from allofmp3.com. Maybe it's not in the form of a check, but there must be some record of it somewhere. That's all he's asking for. His assertion is that it can't be provided because it doesn't exist (i.e., no royalties are being paid). So far no one has proven him wrong.

    12. Re:Stop fooling yourself. by swillden · · Score: 1

      You are completely missing the point. You even stated his point explicitly ("If you want the artist to be paid, you need to find another way"), but didn't seem to recognize its significance.

      What makes you think I don't recognize its significance?

      Even if the payment is "mixed in" with other stuff, there should still be some record of the royalties specifically from allofmp3.com.

      There should be lots of things with respect to royalty payment accountability. In any other business, what you say would be true. In actual fact the labels provide as little as possible, and tell the artist that if they want details they should hire their own auditors, which the label will then provide with all of the raw data (often in paper form, and with that artist's sales mixed in with many other artists' sales). The labels do this because they intentionally underpay on many contracts, preferring to negotiate settlements with those artists that are big enough to afford to pay tens of thousands to teams of auditors. The phrase used in the industry is "settle on audit".

      His assertion is that it can't be provided because it doesn't exist (i.e., no royalties are being paid). So far no one has proven him wrong.

      And my point is that the proof wouldn't exist even if the payments from allofmp3 were substantial. My further point is that if you were to hire auditors to dig through everything you would probably find that, for some artists anyway, there is a little bit of money from allofmp3.com that makes it to the artist. But it will be insignificant.

      The way it works is that users pay allofmp3 a relative pittance for the music. Allofmp3 then pays ROM a tiny fraction of the money it takes in. ROM then pays a certain portion of that money to the label (probably via another middleman or two, who each take their cut). The label is then supposed to take out its portion, and divvy out fractions to various people including the songwriter, producer, engineer, artist, etc. Assuming the label actually decides to pay the artist's fraction (of a fraction of a fraction of a fraction of a pittance), it will then keep that money to recoup various expenses, some real, some manufactured, most inflated. In the end, the artist will get nothing, or so close to it as makes no difference, even though allofmp3.com is actually making its payments.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    13. Re:Stop fooling yourself. by shark72 · · Score: 1

      "Radio stations do have to pay money to broadcast music, but it's not very much, and (IIRC) it's a blanket license to play all of the music controlled by a label. The cut that goes back to the artists is miniscule -- practically nonexistent."

      here in the USA, radio licensing is handled by ASCAP and BMI, two societies that are run by and for artists. More info is here:

      ASCAP radio licensing

      BMI radio licensing

      It's a separate money stream than the royalties that the artists earn from record sales. Your use of the word "label" isn't the most accurate. ASCAP and BMI are societies that represent artists, composers and musicians, but they are not record labels. Record labels do not get any of the radio licensing money.

      "Practically nonexistent" is a relative term. I've heard that even 2nd or 3rd tier artists can get checks for a couple of hundred bucks a month from radio airplay -- and again, that's money that doesn't even pass through the hands of the record labels. A couple of hundred bucks can make the difference between paying the rent, and not paying the rent.

      --
      Sitting in my day care, the art is decopainted.
    14. Re:Stop fooling yourself. by swillden · · Score: 1

      As I understand it (and I'll readily admit it's been a few years since I was really up on all of this) ASCAP and BMI only handle royalties for the composer, not the performer. The copyright to the music itself is generally retained by the songwriter, whereas the copyright on the recording is either owned or at least controlled (via contracts) by the record label.

      The biggest part of most successful musicians' income, even for those who write and perform their own music, is the royalties on the sales of the recordings, and that's even though the labels take the lion's share of those revenues.

      "Practically nonexistent" is a relative term. I've heard that even 2nd or 3rd tier artists can get checks for a couple of hundred bucks a month from radio airplay

      Interesting. That's actually not what I understood, from working for a label, but perhaps I didn't get the whole story.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    15. Re:Stop fooling yourself. by Doktor+Memory · · Score: 1

      Let's go under the strange assumption that I'm not an idiot, and that "royalty check" is rhetorical shorthand for "any documentation whatsoever that allofmp3 is paying out to artists."

      Frankly, I'd be surprised if their claim to pay into ROMS were truthful. I'd wager my entire salary that no american, canadian or EU artist has ever received cent one from allofmp3, through any channel.

      But hey, like I said, this is an easy one to disprove. Go ahead, show me up! I'll be right here, failing to hold my breath.

      --

      News for Nerds. Stuff that Matters? Like hell.

  62. If Apple had their way, music would be free! by Hobobo · · Score: 4, Interesting

    http://fifthroom.blogspot.com/2006/01/why-apple-wa nts-free-music.html

      Why Apple wants free music
    The recording industry keeps asking for tiered pricing on iTunes, and Apple keeps saying no. This seems odd--why can't the two agree on how to make the most money off online music sales? In fact, I'm sure they agree, and I'm sure the recording industry is right: more money could be made with tiered pricing. The real problem is a conflict of interests--the recording industry makes money off music, and Apple makes money off iPods. Here are some numbers: in under 3 years, 600 million songs have been purchased on the iTunes music store. Apples cut of that comes to just over $210 million. Meanwhile, the Apple has sold 6.5 million iPods in the last quarter of 2005 alone. That's well over $1 billion in just 3 months; the money from iTunes is pocket change.

    From the perspective, it's clear why Apple doesn't want to raise prices on iTunes. They could double revenue from the music store and they still wouldn't approach iPod level revenue. While the recording industry is interested in iTunes to generate revenue, Apple doesn't it see this way. They have other things in mind for iTunes:

    1. Apple does not trust a 3rd party to develop a music store for the iPod. They have two reasons for this: first, making good software is tough, and I don't believe they would trust someone else to do it for them. iTunes is easy-to-use, well designed, and well programmed, and the iPod is all the more successful because of this. Second, depending on a 3rd party for a business critical application could put them in a strategic bind in the future. Napster's subscription model and other byzantine DRM restrictions pose obvious problems here.

    2. The more stuff people put on their iPods, the better for Apple. I think this is Apple's main concern. Everyone who has taken Econ 101 knows about complement products--when the price of DVD's goes down, sales of DVD players increase. Alcohol prices on the rise? Bad news for Trojan. Music is a complement to the iPod, and the lower the price of music, the more iPods Apple can sell. If it were up to Apple, music downloads would be free, and we'd all be out buying 60GB iPods because our old 10GB models just can't fit everything. Do you think Apple is concerned that people are using iTunes to steal music? Not at all! Free music makes it easier for Apple to push their new, high capacity iPods. The motivation for the two latest additions to iTunes becomes clear in this light: fill up people's iPods faster (videos) and without asking for money (Podcasts).

  63. You've set up a straw man argument by Anonymous Coward · · Score: 0

    "So we're left with the choice of DRM online music, 'protected' CDs or no music."

    Not really. I've purchased a bunch of CD's over the past few months, and none have come with any DRM.

    Oh, and I pay about $7 with shipping. (read that last sentence again before you comment).

    I'll grant you that if you can't wait a week, you'll pay $12-15 for a CD, but *hardly any* have any sort of protection. In fact, despite my CD collection of over 1200 CD's, I have only one with any sort of DRM, and Winamp didn't even blink copying it to MP3.

    So your choice is $10 for DRM laden songs from Apple, $7 for no-DRM CD's (wait a week), or $12 and go to Costco, no DRM CD.

    Changes your conclusion quite a bit.

    1. Re:You've set up a straw man argument by Chris_Jefferson · · Score: 1

      Out of interest, just how do you get CDs that you actually want for $7 each? I wouldn't believe you could, unless you were willing to take any old crap.

      --
      Combination - fun iPhone puzzling
  64. Re:Server-side storage==MusicBank by ElitistWhiner · · Score: 1

    This wish for accounting is ahead of the market. Apple becomes the banker when it holds your account, facilitates musicplace transactions and "gets you involved in music" as a service.

    Good nose for the future...

  65. Re:Serves right - Profit Maximization does not alw by roystgnr · · Score: 4, Interesting

    How many of us would think 'well, its just nothing, let me get 5-10 songs tonight' if the price per song was $5 or $10 ?

    For one or two bands, I would. Lower that to $2 per song and I'll go up to 5 or 6 bands.

    or would any of us get a 'cheaper' song because the song we wanted was priced much higher ?

    I do, all the time. For $20 a CD had better be something I'm sure I'll love. For $10 I'll buy an album from someone who's played something I liked on the radio. For $5 I'll take a chance based on just word of mouth. Am I that abnormal, because I base my purchasing decisions on both price and expected value?

    Of course, I'm not too sympathetic with the music industry here. They're supposed to be publishers, and if they'd been smart enough to start publishing over the internet ten years ago, Apple would be in no position to start dictating terms now. The labels would just undercut iTunes for any songs they wanted to price at less than $1, and they'd refuse to put on iTunes any songs they wanted to price at more than $1.

    But they didn't want to do their jobs (Gosh, isn't the internet that place with all the pirates? We'd better stay away from that!) and now they're mad that they're being ordered around by a company who did their jobs for them. How sad! If the record companies get smart, they'll just be silently grateful that Apple hasn't started dealing with bands directly and cutting the less competent middlemen out altogether.

  66. My guess is... by patio11 · · Score: 1

    ... they actually want to make redownloading take a telephone call, which will severely limit the access for it. Otherwise, they'll get somebody, somewhere who buys $3,000 worth of music and then get that account's username and password passed around the internets and before you know it its been "redownloaded" 50,000 times. Sure, they could put some sort of technological limiter on it, but we all know every DRM system gets gamed. Keeping a human in the loop gives a chance to catch the gaming and, at minimum, severely reduces the speed people could game at.

  67. A short tirade on simplicty by cgenman · · Score: 1

    People get involved in things. Engineers get involved in their projects. Filmmakers get involved in their films. They make a million decisions, and spend thousands of hours invested in getting this thing to work perfectly.

    On the other end of things, people will walk away if they can't figure out your gadget in 15 seconds or so. 15 seconds. It's very difficult to keep perspective when you've gotten the equivalent of a Masters Degree in something, but the user needs to know how to use it intuitively.

    I'm guilty of this as well. I know there were some decisions I've made in my career that made sense from the perspective of someone who has worked on something for 10 hours a day for 300 days, but didn't make sense to anyone else. Those games were my life for that year of development, but to a user they may just be 1/100th of their time in a week, and 1/100th of their attention.

    KISS. Simplify it. Simplify it some more. Then when you think you've made it as simple as possible, simplify it some more. Then put it in the hands of an average 40 year old office worker. I guarantee you will find that it is still too complicated.

  68. Re:Serves right - Profit Maximization does not alw by Hao+Wu · · Score: 1
    "Profit Maximization does not always maximize profits"

    If American car companies listened to you.... then they might stay in business.

    However, executives would not be able to retire with the same bonuses. Unions would have to settle for less-than-perfect contracts.

    As long as our culture de-values pure pride and quality (traits embodied by Apple and the Japanese for example) most American companies will only produce crap for however long it takes to loot the company and go bankrupt.

    --
    I suggest you read Slashdot
  69. Which copyright? by snowwrestler · · Score: 2, Informative

    For every recorded song there are 2 copyrights--the copyright to the music and the copyright to the individual recorded performance. It is very common for contracts with record labels to assign copyright for the unique recorded performance to the label. The artist still owns the music and is free to re-record that song or play it live for more money, but the version on the album belongs to the label. For that reason I think it's disengenuous to imply that only sucker bands "give up ownership of their music" for a "massive advance." It is more complicated than that. My brother's bands have put out several albums through labels and in each case there was no advance other than the recording and distribution costs. Their songs sell through iTunes and I can assure you that they don't make 70 cents per song sold. I'm pretty sure that in each case the performance copyright was assigned and the music copyright retained. They receive a set royalty percentage every time a copy of an album or song is purchased. But they do not have to seek the label's permission to perform the songs live.

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
  70. I'm voting the Jobs/Colbert Ticket in 2008 by GeoSlash · · Score: 1

    No to complexity in government, yes to truthiness!

  71. hmmm ... op error? by opencity · · Score: 1

    Sufficently chagrined I've been searching again.
    Still getting nothing - I'm guessing PEBKAC (or a corrupted iTunes which I really doupt)
    I'll look into it. Sorry for the waste of bandwidth.

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
    1. Re:hmmm ... op error? by rfunches · · Score: 1

      Always worked for me...and I'm still on iTunes 4.7.

  72. i call BULLSHIT! by Anonymous Coward · · Score: 0

    While it was once true you needed professional tools for good music..

    Thats not true at all anymore. For $1000 you can buy your own hardware and produce music that sounds just as good as the "professional" now.

    You must sell or support those old obsolete systems. Nobody else still claims you need a pro...

  73. Perfect elasticity by Create+an+Account · · Score: 4, Informative

    if a market has perfect elasticity, that curve would be a straight line at a 45 degree angle...

    Actually, I think you're thinking of "unit elasticity," or an elasticity of 1. "Perfect elasticity" would be represented by a horizontal line. At price p the firm would sell as many as they could produce. At price p + $.01 consumers display their perfect willingness to refrain from purchasing, and the firm sells none of their product or service.

    Here's a page with some diagrams:
    http://www.answers.com/topic/elasticity-economics

    From the GPA:
    "The result is I simply quit buying CD's. How is this profitable?"

    The correct answer to this question is "You are not a part of our target market."

    1. Re:Perfect elasticity by shark72 · · Score: 2, Informative

      "Actually, I think you're thinking of "unit elasticity," or an elasticity of 1."

      Ah, you're right. Since I work in the real world and never run into unit or perfect elasticity, I tend to mix those terms up. :-)

      "The correct answer to this question is "You are not a part of our target market.""

      You put it better in nine words than I could in three paragraphs -- thanks. I hope somebody mods you up.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Perfect elasticity by Jace+of+Fuse! · · Score: 2, Insightful

      The correct answer to this question is "You are not a part of our target market."

      The problem with this line of thinking (in regards to the music industry) is that they are quickly isolating their entire target market.

      They are producing a lot of music and shifting the trends artificially in a direction that is shaking loose anyone who was once keen on purchasing their products.

      The end result is music shops that are shrinking in size (in terms of both space and staff) and more and more customers are going to purchasing individual songs from iTunes (or pirating).

      While the music industry might consider digital sales a partial win, they certainly consider pirating a sign of failure, and rather than blame themselves they would rather just place the blame on their "target market".

      "You are not a part of our target market."

      That line of reasoning makes sense in regards to many goods and services, but when it comes to the intangible world of music and movies it can only serve to hurt them in the end.

      --

      "Everything you know is wrong. (And stupid.)"

      Moderation Totals: Wrong=2, Stupid=3, Total=5.
  74. Bandwidth by Create+an+Account · · Score: 1

    A more popular song will be purchased (ie downloaded) more often than a non-popular song. This will require more bandwidth.

    1. Re:Bandwidth by AnalystX · · Score: 1

      You're not thinking of songs as units sold. You're thinking of it as a song that's sold once and downloaded over and over. It doesn't work that way. Apple didn't get to the 1 billion songs sold number by ignoring songs that were purchased more than once. Someone pays for one song, and downloads one song. A single song (file) does not incur more bandwidth because it is popular. Remember, the original poster said, "there is absolutely no reason a song should cost more because it's popular (besides bandwidth costs)." So in summary, the cost of a song would only be affected by its solitary download bandwidth requirement (which has nothing to do with popularity) or at most by the bandwidth requirements of EVERY song sold put together, popular or not, for a monthly period if that's the way Apple pays for its bandwidth.

  75. Popular music by Create+an+Account · · Score: 1

    Disclaimer: I hate the RIAA and the MPAA.

    It took absolutely no more effort on the RIAA's part or any Label's part to create it

    Popular music is often the end result of a very long (and expensive) exercise in recruitment, collaboration, production, and marketing. This exercise is financed by the labels, generally from the profits of previous successes. Labels often sign promising new artists knowing that the first album will not be a commercial success, gambling that as the artist matures and the fanbase grows, there is the possibility of gold at the end. They're good at it. They are also rapacious, but pretending that these expenses do not occur is unrealistic.

  76. goose that laid the golden eggs by Scudsucker · · Score: 1

    Ever hear that story? The RIAA wants to kill the goose to get at the golden eggs it thinks are inside.

  77. French lawsuit gutted - read ars by SuperKendall · · Score: 1

    You can find more details about the revised legislation at Ars.

    Basically, it looks as though companies can keep measures of protection and no longer need to worry about interoperability as long as the songs themselves can be copied. I wonder if the new provisions will affect any Microsoft DRm standards at all...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  78. Profit maximization by Create+an+Account · · Score: 1

    I had trouble understanding some of what you were trying to say, but you seem to be confusing short-term profit maximization with long-term profit maximization, which is really about economic sustainability. I would reply that the reason the RIAA firms are holding on to their old-fashioned business model (which looks like short-term profit maximization) is that nobody knows exactly what economic sutainability will require in the future of that industry. They can't just guess because they have too much investor money riding on the outcomes of their decisions. If it looks a little like they're paralyzed with fright, it's because they kind of are.

    Apple has only been able to drive so strongly into this future because Steve Jobs is what's termed "a charismatic leader." Charismatic leaders can take those chances and try to innovate. Sometimes they fail. Steve has a long history of not failing, so investors are willing to follow him.

    the fact that the 'market' is in fact people which have a tendency to behave according to their own choosing and not as mindless drones of the 'invisible hand' is not.

    Actually, in the aggregate, they DO act as mindless drones. That's what the invisible hand is all about.

    They always go for getting the maximum profit achievable with a given or minimum quantity of sales

    Well, no. Sometimes firms go for volume at low prices (this is called 'penetration pricing'.) Consider, for instance, WalMart.

    a sheer stupidity scratch for the marketing crowd ? yes .

    I'm not even sure what that was supposed to mean. I would just point out that listening to the marketing people has worked out pretty well for Bill Gates and friends.

    1. Re:Profit maximization by unity100 · · Score: 1

      Actually, in the aggregate, they DO act as mindless drones. That's what the invisible hand is all about.

      I'm not even sure what that was supposed to mean. I would just point out that listening to the marketing people has worked out pretty well for Bill Gates and friends.


      au contraire, that lead to the creation of their most serious competitor in an otherwise monopolized market ; open source operating systems.

  79. Hitting return? by SuperKendall · · Score: 1

    In the Library, when you search, results update as you type.

    That is not practical with the whole store, so you have to hit "return" to see your search results.

    That seems most likley to be what is going wrong...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  80. Engineers? by SuperKendall · · Score: 1

    What about the engineers who helped with the recording? You going to track them down too? The cover artist?

    Just because the music companies take more than they should does not mean there are a few other people who really do deserve some money and recognition that I like their work.

    The problem is just that musicians are too often signing up to really raw deals. The concept of a music company still has validity - look at CDBaby.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  81. Irony by Create+an+Account · · Score: 2, Interesting

    Some day I'd like to see ... a nice simple alternative ... where the artists get paid on donations from people who liked their stuff. Until better bands start showing up there, I'll stick with my buck an album at AllOf for MP3s that do not limit me.

    Of course, YOU'RE not donating money to the bands whose music you're downloading from Russia. Neither is anyone else. And why would a band move to a license where they won't be ABLE to afford to spend their time making music?

    They KNOW you won't support them, because you're ALREADY not supporting them. Nice.

  82. Memory overflow by ynotds · · Score: 1
    Sure, some older songs are probably not worth as much and some newer songs might be worth more
    For at least some of us, that is arse-about. My over-filled circuits have great trouble resonating with almost anything first recorded after the '70s, which I'm equally happy to attribute to capacity constraints as to the idea that almost all the best corners of music parameter space were already occupied making it much harder to come up with anything new and good.

    The wash up is that even heavy discounting of current music would not get me to buy it, even when I'm still silly enough to pay $A14.99 yesterday for effectively one track that is unlikely to make it to iTMS any time soon and which, at over eight minutes, would almost certainly finish up marked as "buy whole album" if it did.
    --
    -- Our systemic servants do not good masters make.
  83. Why the ripoff tag? by rehashed · · Score: 4, Interesting

    How on earth can you people complain about $0.99 a download?
    There are a lot of people that need to get paid out of each track sold, and bear in mind the razor thin profit margins apple themselves must be taking.

    Here in the UK, we are paying £0.79 ($1.44) for EXACTLY the same music from iTunes.
    Now THAT is a ripoff.

    1. Re:Why the ripoff tag? by Alioth · · Score: 1

      It's good 'ol Rip-Off Britain again. Don't forget, in the US, sales tax is also much lower than 17.5% (typically 4-6% - that's if Apple are even paying sales tax to the various states, I have a feeling that they are not).

      The 'rip off' effect in Britain is such that the exchange rate for normal purposes is pretty much irrelevant - really, £1 is only worth about $1 (or less) for most things in actual 'purchasing power' - music especially (often, you'll find a CD in Britain is £14 and only $12 in the US).

    2. Re:Why the ripoff tag? by cnerd2025 · · Score: 1

      That's if Apple are even paying sales tax to the various states, I have a feeling that they are not.

      Actually, unless there were a Federal sales tax (which I am , Apple nor song purchasers would be required to pay sales tax. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce between the States. Furthermore, Section 10, Clause 2 of Article I forbids the states from laying taxes or duties on goods from other states without the consent of Congress. Since the transaction (generally) occurs across state lines, Apple nor its customers are required to pay a sales tax. This is why only a Federal Sales Tax could apply to the internet, because the states are barred from regulating interstate commerce.

      This enumeration of powers is rooted in the defunct Articles of Confederation, America's first government (it lasted for only 14 years). During rule of the Articles, each state had several powers, many of which are now Federal, and many states had bitter fueds. Crossing state lines, which now is almost unnoticable, was like crossing a guarded border. The Framers of the Constitution wanted to avoid the Articles' problems, thus they granted Congress the sole power to regulate interstate commerce. Keep in mind, the Framers had no idea that the Constitution would today be the oldest written government actually in use (Britain's largely unwritten constitution is technically older); they simply wanted the Constitution to last for a good decade and allow America to stabalize so a better, more "well planned" form of government could be derived. Suffice it to say, they were pleasently surprised. Hope that helped clear any issues

      Finally, I'd like to say that when I lived overseas in Germany, the prices for many things were much higher on the German economy than the American. Gasoline (or petrol) was about 4 times the price of gasoline in America. The x price/gallon in America was usually ~1:1 with x price/liter in Germany. Many European goods and services are more expensive because of the (inefficient) nationalized industries. Granted, in the UK, the government is by far the most conservative in Europe, there is still a higher tax rate for some of the national services. US citizens generally favor greater liberty at expense of the government, whereas UK subjects generally favor greater services at the expense of liberty. It's a trade-off; times always change; nothing like that is constant.

    3. Re:Why the ripoff tag? by NardofDoom · · Score: 1

      So you'd support a world currency?

      --
      You have two hands and one brain, so always code twice as much as you think!
    4. Re:Why the ripoff tag? by anethema · · Score: 1

      We in canada get the songs for 0.99 CDN which is a better deal than in the USA.

      Not as good as it once was since the US dollar is crashing and the canadian dollar rising, but still among the best i think.

      --


      It's easier to fight for one's principles than to live up to them.
    5. Re:Why the ripoff tag? by harvardslacker · · Score: 1

      You're complaining about 45 cents? A friend of mine was just in London and said that a subway ride there is £3.50 ($6.45 US), whereas in New York City it's $2, and in many other cities it is less (in Boston, which I've heard has the highest cost of living of any city in the United States, a ride is $1.25).

      If you're lucky, airfare isn't also over three times as expensive, and you can buy yourself a one-way ticket to the US and live in low-priced luxury. Or you could get a 30 euro flight to Marrakech and live out your days in the even lower-priced luxury of Morocco. Heck, there are no subways here, but £3.50 would get you a taxi ride anywhere you wanted within any metropolitan area, and enough left over for lunch once you get there.

      Greg
      ---
      http://www.gregwestin.com/

  84. I prefer variable. . . by Diablo1399 · · Score: 2, Insightful

    Not all songs are equally good. . . .why should they all cost the same?

    1. Re:I prefer variable. . . by Jerry+Talton · · Score: 1

      Because the prices weren't going to vary in a downwards direction.

    2. Re:I prefer variable. . . by shutdown+-p+now · · Score: 3, Insightful

      Mainly because you won't be the one deciding which ones are "better".

  85. Bullshit by SmallFurryCreature · · Score: 1
    Quality stuff LASTS! Further more it doesn't really wear. So a studio from 10-20 years ago can still use the majority of its equipment. Hell if you got really old stuff you can even charge more for it. Check rental prices for classic mics.

    Anyway those costs are still there.

    Music costs can be simple broken down as follows.

    • Risk/Aquiring new talent. What in other industries would be R&D. The music industry does however have a benefit. If a medicine company tried to threat a researcher the way the music industry treaths new talent you would have a revolt.

      COST DIFFERENCE BETWEEN OFFLINE AND ONLINE: 0

    • Producing of the master. You got your talent, now you need to get a song ready for production. This is salary, the cost of studio equipment you mention etc.

      COST DIFFERENCE BETWEEN OFFLINE AND ONLINE: 0

    • Advertising. A star has to be made. Commericials, ads, apperances.

      COST DIFFERENCE BETWEEN OFFLINE AND ONLINE: 0

    • Production of the sales medium. Now its gets intresting. What would you say the cost difference is between printing a load of CD's vs uploading it to iTunes? Rounded to the nearest million? I don't think the cost of putting a song on iTunes would even register on the bill. That is not even to count that to get the song ready to be distributed to a million people or a thousand doesn't cost anymore as far as iTunes is concerned.

      COST DIFFERENCE BETWEEN OFFLINE AND ONLINE: INFINITE

    • Selling. Oops. Now we are talking. Getting the song out in the market and into peoples hands in exchange for cold hard cash. Lets see, CD's got to be packaged, shipped, unpackaged, repackaged for the stores, unpackaged, put in the stores, breakages thrown away wich account according to a recent article for 15/20% of the costs. Then you need to hope you got the distribution right with no store carrying to many and no store carrying to few CD's. Finally you need to deal with returns. Oh and a CD-shop needs to be staffed. Even on monday mornings. Online? Remember that 1 time upload to itunes. Well that won't be breaking, you will always have exactly enough copies for the store. No returns, no breakage, no shortage. Only the cost of bandwidth and server hosting. Not trivial BUT far more controlable with far less loss occurring. Oh and no staff and you can have it open 24/7/365.25 a year.

      COST DIFFERENCE BETWEEN OFFLINE AND ONLINE: AS CLOSE TO INFINITE AS MAKES NO DIFFERENCE.

    So where does that leave us. With a online cost that can easily be higher per song then getting the stuff on a CD.

    Something smells fishy. If iTunes was not a huge scam they could be selling the songs for a dime and would still be rolling in it. Granted you would then have to charge people the cost of the credit card transaction but perhaps this would finally spur those micro payments we have been hearing about.

    The music industry is too greedy to realize one simple thing. Sell for as low as possible to gain as many sales as possible.

    The dutch owner of Freerecordshop has wanted to install a system in his stores where you could order any song from a central database and have it burned to CD or uploaded to your mp3 player. He has been turned down time and time again. The benefits are obvious. An infinite catalog with no stocking issues. It is money in the bank but the music industry just can't get their heads around it.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  86. Re:Serves right - Profit Maximization does not alw by unity100 · · Score: 1

    Well let me clear what im meaning a little :

    In internet, profit maximization is about maximizing sales numbers. Because internet is the most advanced, boundless, effortless and most automated distribution/sales medium ever created. You can sell downloadable stuff to millions of people through a single site in a day, with ridiculous operating costs for you in comparison to operating a ring of merchandise stores all over the nation. And in addition, the product is easily reproducable - you just provide 1-2 versions of the download in 5-10 mb sizes and thats it - there is no cd copying, no labeling, no extra stuff. There is even no tech support afterwards if you are selling songs !

    This is a place where excessive profits can neither be justified nor accepted by the public by force or other means.

    Thus, considering both advantages and 'must do's of the internet, i propose that profit maximization can only be practiced by staggering amount of sales in respect to music downloads, or similar products.

  87. And have one company... by RichardDeVries · · Score: 1

    ... controlling the whole chain from musician to consumer? Great! That's what the big recordcompanies always wanted, but couldn't get working. DRM heaven!

    --
    Error 001
    Security Scan and Virus Detection do not work with your operating system.
  88. Microeconomics by ajkst1 · · Score: 1

    Where the hell were you guys in my microeconomics class? This is a whole lot easier to understand than say...a Perovian lady who speaks English as her THIRD language. She kept saying stuff about guns vs. butter and the GTA player in me thought, buy the guns, shoot the guys with the butter, take the butter.

    Maybe that's just me.

  89. Bookmaking by Kadin2048 · · Score: 1

    Alternately, you could go to England, or any of the other countries where bookmaking/oddsmaking is the legal method of taking bets on things like horse races, and probably take a class of some sort in how to do it. (Here in the U.S. we mostly use pari-mutual betting, which works differently and doesn't really require any skill on the part of the "house.")

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  90. Re: Eh... yes and no.... by King_TJ · · Score: 1

    As a hobbyist part-time musician myself (though much more part-time in recent years than before, thanks to a demanding day-job, a kid, etc.) - I do know what the Mackie costs, what studio time runs, and so on.

    I'd still argue that producing "something that will sell" doesn't necessarily require all of the pricy gear and studio time. Those things make it *easier* to accomplish the task - but they're not requirements. It's a lot like the movie industry in that regard. You can easily produce a movie that looks "professional" when you have a big budget to spend on special f/x, top-quality HD digital cameras, etc. But some great movies are also done on a very tight budget, and filmed with no more than "prosumer" grade camcorders.

    The first place an aspiring musician can "cut corners" is by ditching the high dollar studio time and replacing that with a good education on mixing and recording techniques. Let's face it. Most musicians know very little about such things as the right placement and types of mics to use to record, say, a drum kit or background vocals. For under $2000, anyone can set up a PC (or a Mac even) as a digtial recording studio with clarity and capabilities matching or exceeding the local recording studio's equipment. (Heck, many of the high $ studios in my area brag about having ProTools. Yet a Google search quickly reveals many pros saying ProTools is rather limiting compared to some other packages on the market. It seems to be popular more because of the status and recognition level of the product name.) The biggest limiting factor on "production quality" is the knowledge level of the person working the equipment. So a musician can either take the easy way out, saying "I don't know anything about that!" and shell out $'s for someone who does, OR they can invest some time and effort in *learning* those skills. Like practicing an instrument, the effort will pay back large dividends down the road....

  91. a whole album is still $15 fucking dollars by Anonymous Coward · · Score: 0

    Wow, all this debating and the record lables have managed to fake everyone out with the whole "6 of this or a half dozen of those" routine. The lables are arguing AND agreeing with the original price for a reason, they get the same cut. They were worried that songs would go down to $.75 or $.50, then they would get less money, but at $.99, they keep their same chunk of someone else's money. Now they don't even have to deal with pressing the albums, Apple just takes the cut that would have gone to materials and labor for pressing.

    If ANYONE thinks $.99 is a good deal or even close to fair, I have some land in Florida if you're interested....

  92. For informational purposes by spun · · Score: 2, Informative

    The phrase "Hoist by their own petard" means blown up by their own cannon. Petard==Bombard, an early form of seige cannon prone to blowing up due to poor metal-working at the time. Yes, I know you were making a joke, but there are probably plenty of people out there who have heard this phrase but have no idea what it means.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    1. Re:For informational purposes by Gilmoure · · Score: 1

      True. For some reason, I've been making Patrick Stewart jokes this week on /. I also know at least one young lady who wouldn't mind being hoisted by her own Patrick Stewart but that's another story.

      --
      I drank what? -- Socrates
    2. Re:For informational purposes by mstone · · Score: 1

      Actually, it originally meant "screwed by your employer."

      The original quote is from Hamlet: "For 'tis the sport to have the enginer / Hoist with his owne petar." There's nothing passive or accidental about that. It means, "once the guy has built the bomb and deployed it, it's funny to tie him up and hang him right next to it."

      That reading fits the line's context extremely well: Hamlet has just stolen the letter Rosencrantz and Guildenstern are carrying to the King of England (which says: "Kill Hamlet") and replaced it with his own (which says: "Kill the men who give you this letter").

      One little-known fact about Shakespeare is that he spiced his work up with controversies about military technology. This line demonstrates the love-hate relationship kings had with the engineers who handled explosives: it's damned useful to be able to blow down a door during a seige, but you don't want the guy who did it hanging around and possibly blowing down your own door next time. Besides, the royals of that day found it offensive to think that a commoner with a barrel full of smelly chemicals could wield that kind of power. It leads to the idea of commoners having the capacity to blow the bejeezus out of royalty, and that was just an affront to what they considered the natural order of things.

      (and Romeo and Juliet -- if you know your historical weaponry -- revolves around the introduction of rapier fighting. Tybalt, "the captain of courageous complements" uses a parry-and-thrust fighting style, while the Montagues use the older block-and-slash style. The newer style could be faster and more lethal, but only as long as you did it right. All the fighting between the two families is based on the two gangs with different styles working out who has the power to take the other down)

    3. Re:For informational purposes by CountBrass · · Score: 1

      What a shame I don't have any mod points today. Both informative and insightful, thank you.

      --
      Bad analogies are like waxing a monkey with a rainbow.
  93. Why Truncate highly-modded long comments? by slagheap · · Score: 1

    Sorry for the off-topic meta-comment.

    When a comment that is a little longer than the "maximum" length gets modded up to +5 informative or insightful, it should not be truncated, requiring an extra click and page load for the 'Read More'. Thank you, have a nice day.

    --
    First against the wall when the revolution comes
    1. Re:Why Truncate highly-modded long comments? by LunaticTippy · · Score: 1

      This is especially irritating when there are 10-100 characters after the cutoff. I've seen some that were actually shorter by a few characters after "expanding."

      --
      Man, you really need that seminar!
    2. Re:Why Truncate highly-modded long comments? by Anonymous Coward · · Score: 0

      From your own preferences:

      Max Comment Size: 8012

      Truncates long comments, and adds a "Read the rest" link. Set really big to disable.


      Yeah, go set that value to something higher.

  94. Is "Anti-Corporatist" more palatable? by spun · · Score: 1

    Big corporations have been subverting capitalism as surely as they have been subverting democracy. We have to draw the line somewhere. Personally, I'm with Jesus on this, lending money for profit is a sin, but even if you are some kind of Libertarian Randroid you have to see that our current implementation of capitalism is being gamed by the rich and powerful.

    Now, you may think you have interests in common with the ruling class, but unless you are making over a million a year, you have nothing in common with them. You are a worker, a drone, a number in their spreadsheet, nothing more. You will never be like them. Unless you sell your soul they will never let you in their little club. All your hard work makes them laugh, because real people don't get rich by working, they get rich by leeching off of others' work.

    There is something inherently greedy about being a corporation. They exist simply to make a profit for their shareholders, and damn all consequences that can't be legally pinned on the corporation. That is greed taken to a sociopathic level. How can anyone argue with a straight face that putting greed on a pedastal and making a God out of money can lead to good things for society?

    Being an American is inherently greedy too, given the disproportionate share of the world's resources we are consuming.

    Finally, I love it when people say things like "I'm against (some natural outcome of capitalism) but not capitalism itself." It's like saying, "I'm against painful burning sensations in my hand, but not against touching a hot stove.

    If you let them, the sociopaths and psychopaths in power will hold your hand to the stove again and again.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  95. "Defeat?" by blair1q · · Score: 1

    99.95% of songs aren't worth a dollar.

    The other .05% are worth only a dollar.

    Writing the retail price into a wholesale contract is exactly what "price-fixing" is all about.

    Where's the district attorney on this?

  96. I can't believe I wrote that. It's hard to believe that I actually have an MBA. Thanks for the gentle correction.

  97. Listen up, Bill Gates! by rjung2k · · Score: 1

    Yeah, and when my hard drive gets zapped and I can't find my original CDs, why won't Microsoft let me just download another copy of Windows and Office? I don't want any responsibility for taking care of my stuff!

    </snark>