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CEA President Slams RIAA Audio Flag
Grv writes "The president of the Consumer Electronics Association isn't happy with the RIAA. According to Ars Technica,
Gary Shapiro accuses the RIAA of trying to shut off fair use by pushing for laws like the audio broadcast flag. Apparently the RIAA is all talk and no action, however, as
Shapiro laments the fact that the organization has failed to come up with an implementation plan or even attend meetings with the industry. This has angered electronics companies
and radio stations who have pressed ahead with digital radio plans only to see the RIAA backtrack on its support for home recording."
I wonder just how much more RIAA whining we have to put up with before we all just go deaf and they can go bankrupt from an absolute lack of sales. But then im sure that the MPAA will pay off the polititans to make blindness an executable offense.
It almost seems as if the RIAA is actually *trying* to piss off as many people as possible. Has anyone examined the current chairman to see if he has any inclings towards being a comedian?
FTA:
Shapiro's statement reflects a growing awareness among many technology advocates, and a long-held position at Ars Technica, that digital rights management schemes can be abused to create new revenue models at the expense of fair use, and the truth.
Can be abused? CAN BE!? This is a capitalist, corporate-driven nation. I think it would be more accurate to say that there is a "possibilty" that it "might not" be abused.
I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
that the CEA is neither a grandmother that has never owned a computer nor an aging member of a washed out metal band; maybe if the CEA chairman dressed up as one of those he could trick them into talking to him.
And he's like, Steve, Steve, Steve, I need your help on something, I'm out in the Hamptons and I'm doing a crossword puzzle here and I'm trying to remember that word that you Eastern religion hippie freaks are always using ... what is it? Five letters, begins with K. Kurma? Korma? No, that's some kind of Indian food. Oh wait. Karma. That's it, isn't it? Karma? I think that's it. Great. Whew! But anyway, so what's new? I'm a little out of touch these days, haven't been reading the papers, just out here on vacation enjoying myself. Any news on the Disney front? Or at Apple? What's going on? Heard those iPods are selling like crazy. Good for you, Steve, really. Good for you. Couldn't be happier for you. Couldn't happen to a nicer guy. Really. I mean it. You get my drift? Peace out, as the kids say.
Punch Lars Ulrich in the nose...
the mods may say you posted flamebait, but to me it's a flame that warms my heart. rock on, brother! --chebucto
It's now been four years since I last purchased music from a RIAA label. Not only do I completely disagree with their business practices, but I consider them a legacy business model that has a greatly diminished role in a digital world. Unfortunately most musicians I know either disagree with me, or don't care enough to make a stand. Mostly they just want to play music rather than get into some philosophical debate over technology or copyright.
Despite my preaching, a friend of mine in a local band (shameless plug: http://www.rictusgrin.com/home) would still be willing to sign with a major label. They are currently still independent, but if given a set of terms they could live with, the desire to quit their day jobs and become 'professional musicians' is bigger than any self publishing model they've been able to cook up. And that means not giving away the music for free on the chance to sign it over to a 'real' label.
A steaming cup of soykaf would be real wiz right now.
CEA members bring in something like $600B in revenue annually, while RIAA members are responsible for something like $10B in revenue. Yes, the music industry is that small, so's the movie industry. Microsoft could buy them both with cash on hand.
The entertainment industry, however, is a big marketing machine, and they know how to market to Congress, in addition to outright buying some of its members.
Congress members are cheap. Literally. For a few hundred thousand here and there you can buy legislation. Pretty much any legislation. It takes something like $100K to turn a Congressman into your own personal puppet, like Fritz Hollings was for the entertainment industry. Put into perspective, it would be like me having to come up with a part of a penny in order to buy legislation to protect my business at the expense of every single person in the US.
Dirty and grotesque as it may seem, the CEA needs to start buying congressmen. I would start with people who were previously and currently bought by the *AA. Turn them into your puppets. They'll do anything for campaign cash.
Sadly, there's no real alternative...
Do you have ESP?
This jagoff from Wired says my speech was uninspiring and that I looked "very thin, almost gaunt." Let me tell you something, you'd look gaunt too if you'd spent a weekend having Jerry York shout at you from close range. The guy's got dog breath, by the way, and he spits when he gets mad. Not fun when you're sitting like two feet away from him. Anyway, Wired sucks. Honestly. We're pulling them out of our stores, immediamente if not sooner. Also, on the "Why did Steve look so gaunt" theme, let me share something with you. The friggin 7 Day Miracle Cleanse turns out to have some seriously bad side effects. I don't want to get too graphic but let me give you a one-word hint: Leakage. Yeah. So I called Paris DeAguero, aka the Health Man, aka the a-hole who sells that crap on TV, and he's like, Steve, Steve, it's the herbs, Steve, the herbs, you can't do the program over and over like that, there's a disclaimer right on the box. So I look and sure enough, you turn the box over and there's this thing that looks like a bar code but if you put a magnifying glass on it there's a warning saying, like, don't use this stuff too much or it will cause your organs to liquefy and leak out of your butt. Paris DeAguero goes, Steve, Steve, look, don't get mad, don't put this on your blog, okay, let's keep this quiet, and I'm like, My blog? Frig the blog, pal, I'm gonna fly to Maui and bury you up to your neck on the beach at low tide. Seriously. And all this is happening on Sunday night, like hours before the keynote. So my doctor comes over with four kinds of medicine and a box of Depends. And I'm like, No way. No. Friggin. Way. He says they're not really diapers, more like a sanitary pad. And I'm like, Oh, well, that's a lot better. Really. Now I'm not freaked out at all. He tells me I can suit myself but if you get jeans that are one size too big nobody can tell. So I call Andy Grove, who is the one who put me on to the 7 Day Miracle Cleanse in the first place, and I tell him what's going on, and he goes, So what's the big deal, I wear those things all the time, makes life a lot easier, believe me. So what if a little tobacco juice squirts out of my hoo-ha, what do I care? But I'll tell you what, Steve, nobody wants to go swimming when I'm in the pool, I have noticed that.
So yeah. I was feeling a little gaunt on Monday. I wasn't at the top of my form. Like, sue me.
I've also seen complaints about us not announcing many products. The answer is yes, we did have more products to announce, but we held them back. Why? Mostly just to frig with that fat-ass know-it-all Scoble, who I'm happy to say had to issue an apology on his stupid blog. You know what? I honestly cannot believe that guy is a vice president of something or other at a real company. Can you? I mean look at the photo on his blog. He looks like a dishwasher at Denny's. And yet in the wonderful world of Web 2.0 he's a friggin guru, a media mogul, and a book author to boot. Hey, note to you, Scoble: Your book blows. So does your blog. Everybody at Microsoft used to laugh at you behind your back. And when this bubble bursts and the world regains its sanity you'll be back working out back at a Mexican restaurant where you belong.
Okay, sorry folks. I'm in a cranky mood. I'm living on vegetable broth and carrot juice. And then there's still the options crap hovering over us. I'm trying not to think about that too much. Hope you all do the same. Just think about products. Beautiful, shiny products that restore a sense of childlike wonder to your life. Peace out.
It's either irony or payback that the RIAA - which complained bitterly about tech companies disregarding their investments during the filesharing boom - are now giddily disregarding the investments electronics companies have made in producing the next generation of audio systems. I mean, it's not like they weren't aware the discussions about new standards were going on. I think they're purposely keeping at arm's length so they can claim they didn't have a say in the implementation. It's like making an architect promise to make an invincible fortress, and then not participating in the design, because you want any potential failure to be entirely on the architect's head.
The good part is that it looks like the RIAA is at least partially aware that DRM is destined to fail, because they seem to be setting someone else up to take the fall when it does. It's like the silver lining on a very, very dark cloud.
The world's only surviving livewriter.
FTA:
Why devise a new solution when a fitting solution already exists?
Momentarily, the need for the construction of new light will no longer exist.
Here is the response I got from Sentator Dianne Feinstein.
I assume it is a form letter, as I replied to it, and got it again.
--
June 8, 2006
Thank you for writing to me about the Platform Equality and Remedies for Rights-holders in Music (PERFORM) Act. I appreciate hearing from you.
I believe that our nation's intellectual property is vitally important and needs to be protected. In fact, the promotion of the creative process is so important that our Founding Fathers gave Congress the express authority to protect it in the U.S. Constitution. Still, we must ensure that any protection afforded to intellectual property is also balanced and fair to all who are affected by it.
The PERFORM Act, which I introduced with Senators Lindsey Graham (R-SC) and Bill Frist (R-TN), would require satellite, cable and Internet broadcasters to pay fair market value for the performance of digital music. Currently, these providers are treated differently and pay different rates even though, as technology advances, their services have become increasingly similar. Additionally, the bill would require the use of readily-available, cost-effective, and feasible technology to prevent music theft.
As such, the PERFORM Act would help strike a balance between the promotion of technological advances in digital music delivery systems and the protection of, and fair compensation for, the intellectual property of artists and musicians.
The PERFORM Act has received the support of various music, artist, and songwriter groups, as well as digital music service providers. However, let me say, I believe the bill as it was introduced is the beginning of the legislative process; and while there may be disagreements over how to strike the proper balance on these difficult issues, I am certainly open to a robust dialogue. Please know that as the legislation moves through the process, I will be sure to keep your views in mind.
Again, thank you for writing. If you should have any further questions or comments in the future, please do not hesitate to call my Washington, DC staff at (202) 224-3841.
Sincerely yours,
Dianne Feinstein
United States Senator
> Dear Senator Feinstein,
>
> Thank you for responding to my comment.
>
> I still believe, though, that the PERFORM Act represents another step away from the public interest.
>
> As you mentioned the Constitution, I would hope all of Congress would re-examine the details of what the Constitution says in this area and what the Founding Fathers intentions were regarding publishing rights.
>
> The Constitution allows Congress to grant exclusive rights to writings and discoveries, but only for "limited times", and with the only stated purpose to "promote the progress of science and useful arts".
>
> I would also note that the original copyright term was 14-28 years. This allowed publishers time to benefit from a work, while also preventing the 137 year publishing monopoly that the Stationers had in England starting in 1557 AD.
>
> The US copyright term has now been extended several times. The last time (1998) extending it to 120 years. We have managed to allow large media companies to have similar monopoly publishing rights that the Founders wished to avoid.
> It should be noted that in addition to the obvious benefits of timely public domain information to science, medicine, education and arts, many companies have also benefited as well, like Disney, which used sever
Gary Shapiro always complains about the music industry, that's part of what he's paid to do. Gary knows very well that the music industry is talking directly to the broadcasters on this, and he's feeling left out.
So what happens when you have a broadcaster that isn't meeting the requirements of a broadcast flag that has no standard, protocol, or you know, form of any mention? How do you hold someone to a standard that doesn't exist?
If garbage like this gets through, I expect to see many, many different flags created by different companies that don't play well together, aren't cross platform for the range of hardware used for both broadcasting and listening, and create a broadcast flag format war. Maybe this is the goal: to create such a murky and fuddled bit of legislation that the end goal is blurred even more and it becomes more difficult to find a standard and common ground, further extending the mess that's already created.
I don't know who wins in such a situation, but I know it's not me as a consumer.
hi mom!
It seems like these guys come in like the Mafia and just dictate terms that work to their advantage and nobody elses. They already price fix, pay for airtime, and tell us how we use a product we buy. Perhaps the Justice Department should look into some RICO violations here. "Hey bud, youse better do what we say or you could end up sleeping with the fishies...."
Beware of Sales Reps bearing gifts.
When you do professional level recording, as opposed to talented amateur level, the biggest expense is not equipment, but studio. A studio suited for recording must have sound insulation and acoustics that are as expensive to get today as they have always been.
Basically, sound insulation needs double or triple walls built of materials that are sound dampening at all frequencies, which means high mass. Building two ceilings and two walls of concrete or solid brick, plus a double layer of concrete floor that rests on high density urethane foam isn't cheap. And then you come to the acoustics part. All the above mentioned room needs to be big enough to have acceptable reverberation times. Or else the walls, ceiling, and floor need to have a thick layer of echo dampening material and the reverberation added digitally. Not cheap either.
However, having said all that, I agree with you that the RIAA business model is dinosaur carrion today. What I cannot imagine is how backyard "pirates" can compete will industrial scale production. For instance, let's compare music with a traditional product: steel nails. Anyone can make a nail at home, with less equipment and time than it takes to copy a CD. Get a piece of steel wire, a hammer and an anvil. Flatten one end of the wire to make a head, pinch the other end to make a point, and there you are: a nail! But why would anyone make a steel nail at home when any hardware store will sell you nails by the barrel at a reasonable price? The common sizes of nails are so cheap that they won't even sell them by the unit, the smaller amount of nails you can buy are boxes with twenty or so.
Generalizing from nails to all kind of fasteners, counting nails, screws, bolts, rivets, etc, there are more standard catalog types of fasteners in the market then CD titles available. So, why can't I get a 1/8"x1/2" round headed screw from the street vendor? Because hardware is priced according to the traditional free market rules. Calculate what your investment will get you at the bank, see if you can get a better margin selling hardware, price your fasteners slightly better than the bank will pay you, taking into account other factors such as risk and liquidity.
The error in the media and software industries is that they forgot capitalism and the free market and tried to invent their own rules. Their prices aren't based on the traditional formulas, they are trying to price their products based on the extreme outliers. If anybody at all is willing to pay $25 for a CD they assume that's the right price for all CDs.
The correct formula, under the capitalist system that has been working for centuries would be, if it costs $0.90 to produce and sell a CD, if the bank pays you 6%, then selling the CD at $1.00 is an excellent business proposition. Multiplying the price by 25 will lower the market by a factor of more than 25, it's not worth it.
Attention consumers:
All your rights are belong to us.
You have no chance for fair use, make your time.
Ha ha ha ha ha ha ha ha
--- Grow a pair, liberals... stop letting the Republicans bully you!
As long as people continue to voluntarily feed the monster that is killing them (the RIAA) through indiscriminate purchases of content that only makes the RIAA richer, things are only getting worse.
And don't forget to mod me troll.
All the music piracy told me is that a lot of people will happily accept a lower quality version of some content if it comes to them free. Why - because the actual content doesn't have the right value for money - its DRM laden and doesn't respect fair use, or its not as portable as a digital file or even *gasp* the actual content is just not worth enough to merit buying outright.
;-)
Lower quality as in someone buys a nice recording setup, and a nice set of speakers and records something the completely analog way - stick one next to the other and hit record and play at the same time. If the sound reproduction in this digital era is supposed to be so damned good and we get better and better at making recordings - after all someone has to record the artists themselves at some point - then you can end up with a decent sounding copy without drm in whatever format you like with no copy protection.
And thus you defeated the audio broadcast flag.
(BTW please stop any of you who want to preach about me not needing any content I don't consider worth buying-the whole point of whats happening is that this era enables you to have things you don't aboslutely love but do want like that Phil Collins song you get in the random mood to listen to once in a year)
Thats not the answer and I don't suggest doing that though it is guaranteed to work. All I want is content thats high quality, respects fair use, and is cheap enough that its not worth my while to engage in piracy. Yes you will still get ripped CDs but that may not translate into distribution, because frankly I've better things to do with with the time I spend on my computer than hunting down Phil bloody Collings mp3s
Reality must take precedence over public relations, for nature cannot be fooled.
If the legislation is passed it will serve as a mandate to the FCC, requiring it to issue a ruling standardizing such a flag.
It will have to either pick one from your hypothetical crowd or invent one of its own.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
All the music piracy told me is that a lot of people will happily accept a lower quality version of some content if it comes to them free. Why - because the actual content doesn't have the right value for money - its DRM laden and doesn't respect fair use, or its not as portable as a digital file or even *gasp* the actual content is just not worth enough to merit buying outright.
and/or "legitimate" outlets aren't conveniently available, raising the effective cost further.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
In TFA, Shapiro is quoted as saying:
"... the RIAA's demands for an audio broadcast flag came relatively late in the digital radio game. Many stations have already purchased and implemented new technologies to support digital radio, not to mention the launch of satellite radio, but these investments could be made worthless if the RIAA successfully lobbies for the audio flag in the 11th hour.
Though IANAL it seems to me that, should such legislation pass, any such broadcasters would have a FINE suit against the government for the replacement value of the equipment rendered worthless, under the "takings" caluse of the 5th Amendment.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
The RIAA moniker conveys that it's a broad-based association, when in fact it's a front for the big four, a cartel. Why not use a more evocative name, one that makes it hard for Warner, Sony, Universal and EMI to hide.
How about WESU, pronounced 'We Sue'. Or perhaps WUSE, pronounced (variously), 'Wuss', 'Wussy', or 'We Use'?
So for every post on RIAA, s/RIAA/WESU/g'....
"Mostly they just want to play music rather than get into some philosophical debate over technology or copyright."
stupid is as stupid does. Tell your stupid friends the truth. Catch them at those rare times when they are neither drunk nor stoned nor groovin to the tattoo needle pain, tell them to just don't do that! It's that simple. They are lamers for falling for the old RIAA bait and switch model. If they are lame enough and greedy enough and lazy enough to not do just a smidgen more work on their own...they deserve everything they DON'T get, starting with any money from the cartel mafia dons. They might get loans/front money that is near impossible to pay off, that's about it. The planet can only support just so many zillionaire bands. It's saturated already, and every podunk garage band thinks they are gonna do it. not happening. That's reality. It's like all those jock kids who are gonna grow up and play pro sports. They spend years of their young lives and wind up with bupkis and bad knees for NOTHING. Like much under 1% even get close. The world is not all music, there's an intricate economy and social structure they have to grow up into and learn to use. Failing to do that leads to *problems*. We are in the transition to new business models, work models, living models. Trying to hang onto the past is just silly. If they can make a few bucks and have fun and the music is important to them, they can just work at it a little but don't go nuts. If they are REALLY that good and not being self delusional (paranoid delusions of grandeur) it might happen to them, that's it. HOPING to go join up with the music mafia goons is just retarded, it's a lowering of social status in the first place, don't those guys know about cooties??? Ha!
We could be $600B industries too if it weren't for those damned pirates. This is why we need an audio broadcast flag.
</sarcasm>
This seems like it would be such a hassel for anyone actually recording anything to imprint this "flag" on whatever medium they are using, not to mention the headache of whatever hardware manufacturers would have to do to get their products to recognize these flags. It seems like the DRM crap all over again, 1/2 of existing products won't be able to recognize the media, and the other half will only recognize that media. The RIAA needs to actually get in on the conversation instead being so bullheaded about it, and maybe someone will actually take them seriously. Seems like the FCC and RIAA have a deal going on here...
Absolute power corrupts absolutely. indymedia
She's an honest politician.
Of course, the definition of an honest politician is, "A politician who, once bought, stays bought."
Fascism starts when the efficiency of the government becomes more important than the rights of the people.
As for promoting Arts and Sciences -- have you ever thought the fact that Copyright being Infinite could promote arts and sciences?
So you would like to pay the modern Shakespeare family for Hamlet? Or how about all Iraqis for the epic of Gilgamesh?
Melissa
"Screw Sun, cross-platform will never work. Let's move on and steal the Java language." - Visual J++ Product Manager
When presented with the choice between her and the competing Republican religious whackjob who would probably also support DRM, what am I supposed to do?
Melissa in California
"Screw Sun, cross-platform will never work. Let's move on and steal the Java language." - Visual J++ Product Manager
Someone should organize a full boycott of any groups that are backed by the RIAA. When their funds start to disappear, maybe they'll stop being a-holes all the time.