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EMI — Ditching DRM is Going To Cost You

33rpm writes "EMI has told online music stores that selling its catalog without DRM is going to cost them a lot of money. 'EMI is the only major record label to seriously consider abandoning the disaster that is DRM, but earlier reports that focused on the company's reformist attitude apparently missed the mark: EMI is willing to lose the DRM, but they demand a considerable advance payment to make it happen. EMI has backed out of talks for now because no one will pay what they're asking.'"

46 of 220 comments (clear)

  1. "We'll give you what you want... for a fee" by Anonymous Coward · · Score: 2, Interesting

    So this basically proves that DRM exists for the sole purpose of providing record companies with silly amounts of longterm income by reselling stuff we already own? Excellent news.

  2. How does it cost more money to go non-DRM? by garcia · · Score: 5, Insightful

    $9.99 albums of lossy content and no physical medium supposedly make up for the fact that I have no recourse if I lose the data I purchased. So how can they justify charging more than that (closing in on the average cost of a CD) when it costs them money to have the CDs pressed, packaged, and sent to stores?

    They can't. This is simply an attempt to say, "see, we tried to go DRM-less but people wouldn't do it."

    Fuck that.

    1. Re:How does it cost more money to go non-DRM? by Anonymous Coward · · Score: 5, Insightful

      The extra charge is because they automatically assume that if you purchase it, you'll commit copyright infringement; the charge is a tax/levy.

    2. Re:How does it cost more money to go non-DRM? by flaming+error · · Score: 4, Funny

      It doesn't cost more. EMI is just doing it's best to live up to it's name - Electro Magnetic Interference.

    3. Re:How does it cost more money to go non-DRM? by Anonymous Coward · · Score: 3, Insightful

      Closing in on the average cost of a CD? I rather suspect that $9.99 already exceeds the average cost of a CD. It approaches the average cost of a new, currently-on-the-charts CD. I can't tell you how many bargain bin $5 CDs there are out there. And then, there are music clubs (gross, I know, but they exist) that average out to a buck or two per CD. And then you have the used CD market. Plenty of cheaper stuff on Amazon.

      No, it's clearly just a bunch of music execs who are, as you say, trying to pay lip service to DRM-free music while imposing rules that ensure that they'll never have to put their money where their mouths are. That's okay, though. EMI music has been on my blacklist since they started doing DRM-encrusted CDs anyway.

    4. Re:How does it cost more money to go non-DRM? by irc.goatse.cx+troll · · Score: 3, Insightful

      Just look at any other 'protected media' market. All it takes is one person to break it and make it public, then EVERYBODY can just use that person's broken copy. If the Videogame or App scene is any indication, this usually happens about a week or two before the game hits retail. Don't think audio will be any special
      The first time they put out an unprotected copy (say, an actual cd, the only way you could make significant money off of selling music) it will be ripped and spread. Even if you went all 'secured', all it takes is one of the 'secured' formats having a bug and you'll have lost. Then theres the analog hole (cable running from your line out to your line in on soundcard). Then theres just sniffing your computers memory or using hacked drivers to grab the PCM raw. Or any other number of ways you ca get it out, admittedly mostly beyond the common user but all it takes is the first person to break it.

      Want my money? Give me something worth paying for, and incentive to pay for it. I'll gladly pay for music when I believe its's going to actually support an artist that I want to support (like local bands that are unsigned and truely need the money). I'm not going to pay for some top40 song where paying equates to giving money to the very people treating me like criminals so they can fund their next law they need passed, assinine DRM scheme to slow down my computer even further like whatever the audio equiv of Safedisc will be.

      Honestly the only thing preventing me from paying more for music right now is its just inconvenient. Those artists that are actually worth supporting are probably the hardest to get money too. Ordering CDs from half the world away via creditcard just doesn't seem like the most convenient way to do things. Maybe if one of these online music stores would open up and allow indy artists to put their music on them and not ruin it with DRM then you'd see a rise in people paying for music. Until then we're stuck with p2p, which has been here since before computers and isn't going away now. Even if we had to resort back to the equiv of copying tapes for people..thats what people will do.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
  3. dashes by Skadet · · Score: 5, Funny

    EMI &mdash Ditching DRM is Going To Cost You

    As are en dashes and semicolons ;)

  4. Until I see... by beckerist · · Score: 3, Interesting

    Someone needs to show me a study that incorporates similar (if not identical) stores and similar (again, if not identical) pricing on a DRM version and DRM-free version of the SAME song. My money is that the DRM-free version makes a lot more money, simply because of its ease-of-use. Hell, I'd even be willing to fork up that extra $.99 (if the song they did this with didn't SUCK.)

  5. DRM costs to much already. by crazyjeremy · · Score: 5, Insightful

    Funny, considering one of the main reasons I won't buy DRM products is it already costs more to do so. If I want my favorite Britney song from Itunes, it costs 99 cents. If I want a ringtone of the same thing, Verizon charges me up to a couple bucks for a much smaller clip of exactly the same song. Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway? Don't they see it's costing THEM more money in the long run to include this garbage?

    1. Re:DRM costs to much already. by ThatsNotFunny · · Score: 4, Funny

      You've got a wife, that in and of itself will cost you plenty.

      --
      "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
    2. Re:DRM costs to much already. by Dogtanian · · Score: 3, Insightful

      If I want my favorite Britney song from Itunes, it costs 99 cents. If I want a ringtone of the same thing, Verizon charges me up to a couple bucks for a much smaller clip of exactly the same song. Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway? Well, *you* wouldn't obviously. But the record/ringtone companies likely figure (probably rightly) that enough people will buy the ringtone, either because they're stupid (don't know that it's possible to rip, or don't know how) or are simply lazy.

      Whether it's good value or not is irrelevant. If people are willing to pay silly money for tiny snippets of music, of course they're going to sell it.
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    3. Re:DRM costs to much already. by ThatsNotFunny · · Score: 3, Interesting

      Or they were idiots and purchased phones that, at least in the US, you're unable to upload your own ringtones and can only purchase the ones provided by the mobile carrier. I'm looking at you, Sidekick!

      --
      "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
    4. Re:DRM costs to much already. by danpsmith · · Score: 5, Interesting

      Funny, considering one of the main reasons I won't buy DRM products is it already costs more to do so. If I want my favorite Britney song from Itunes, it costs 99 cents. If I want a ringtone of the same thing, Verizon charges me up to a couple bucks for a much smaller clip of exactly the same song. Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway? Don't they see it's costing THEM more money in the long run to include this garbage?

      Exactly. And if the prices were sane, I would definitely buy DRM-Free MP3s. Definitely. But they'd have to be DRM free. I'm not buying .wmas and putting them with the rest of my collection, it's just not happening.

      I think what companies don't yet realize is that, look, we already have collections of MP3s. Everyone under 30 probably has a large collection, and I'm one of the few that has a HUGE collection. However, there are times when I want an album and you can't find it on bittorrent and it's not available other than going to the CD store. Honestly, I don't feel like ripping CDs, and there's a lot of times when I just don't even buy the track rather than having to go and buy a CD and rip it to my hard drive. And it has NOTHING to do with cost. It did, at one point when I was a college student money was an issue. Nowadays, it definitely isn't. But when you have a large collection of high quality MP3s that you know will work on your player, in your DVD player, or any number of other devices you simply aren't going to buy a track and break the DRM to have it mesh well with the rest of your collection.

      Yes, I'm notorious for downloading a lot of MP3s, but I would be willing to buy legitimate, if only companies would give me the chance to do so. Stop trying to change how we store our music and just mix with what we have. It's the only way you'll survive.

      Yours truly,

      A kind of average downloader.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    5. Re:DRM costs to much already. by Anonymous Coward · · Score: 2, Interesting

      At the risk of sounding like the geezer I am - you kids today are fucking lazy! "Honestly, I don't feel like ripping CDs, and there's a lot of times when I just don't even buy the track rather than having to go and buy a CD and rip it to my hard drive"

      I, too, have a huge collection of MP3s. Most of them started life not as CDs, but were ripped from CDs that were burned from sampled LPs and cassettes! But you're too lazy to click a mouse twice. Do you have your mom open your pepsi for you because it's too much trouble? Gees!

      I've been buying music for decades. But strangely, I've bought damned little this decade, and what I've bought has been mostly from local bands. I've been too busy sampling (and thereby rediscovering) some great stuff I hadn't listened to in years, from my collection and my friend's collection (yeah, I'm a thief for BUYING something and sharing a COPY and so is he... according to some of you dimwits).

      If the labels want me to download tracks, theye're going to have to change a few things:

      1. I want QUALITY sound. I have a pair of three way JBLs with twelve inch woofers, and Mike's speakers are even better. The difference between a high quality MP3 and a CD is pronounced; they're good enough that with certain records (ones that were originally recorded analog), the LP is far better sounding than the CD (e.g., Led Zepplin's Presence). In short, MP3 won't cut it unless I need a small file size (thousands of songs on a hard drive, or hundreds on an MP3 player). I need FLAC or some other lossless compression. Like Long John Baldry sang in Boogie Woogie, "Don't feed me no TV dinner when you know I'm used to steak". You kids are not only lazy, your ears suck, too.

      2. I want QUALITY music. I do NOT want to hear anything that Simon Cowell produced! Jesus, the guy has no musical taste whatever, nor does that Randy guy, nor (from listening to the radio) do any other of today's record producers! Today's music sounds like the worst of '50s pop music. I don't want to hear Paul Anka, I want the Big Bopper or the Trashmen (Surfin' Bird). I don't want the Monkees, I want Jimi Hendrix or Blue Cheer. I don't want the Eagles, I want Led Zepplin or Ted Nugent. I don't want Milli Vanilli, I want Van Halen or Poison. I don't want Madonna, I want Alice in Chains or Nirvana. I don't want Stayned, I want Buckcherry or... uh, oh, hell, I can't think of another 21st century band that doesn't suck. Which is where the problem stems from. After fifty years of ass-kicking rock, the record companies are putting out minor key whiney pap and calling it "rock". And the bars are full of folks in their twenties listening to local bands covering Zepplin and Hendrix and Van Halen, while the record companies say sales are down because of "piracy". The established recording industry is obviously doomed, as it's obviously run by utter morons who don't have a single clue what their customers (NOT "comsumers") want.

      3. I want far, far lower prices. 99 cents per song is outrageous, unless you're talking about Quicksilver Messenger Services' version of Who Do You Love, the live version of Whippin' Post, or Alice's Restaraunt, or... say, why DO they charge by the song, anyway? Shouldn't they charge by the megabyte? But I digress... I'm paying less per song for music on a physical medium, and uncompressed. You're charging me more for a TV dinner than I'm paying at a nice restaraunt! Only a fool or a twelve year old would fall for that!

      Speaking of downloading (and a bit off-topic) I fucking HATE the internet jukeboxes they've got in bars these days! Instead of three for a dollar you only get two for a dollar, and if you pick the wrong song it costs a dollar to just PLAY ONE SONG! I mean, the idea of a jukebox itself is bad enough.

      But what's worse, none of the internet jukeboxes have Led Zepplin! A jukebox without Led Zepplin is like a bar without alcohol! WTF???

    6. Re:DRM costs to much already. by Applekid · · Score: 2, Funny

      At the risk of sounding like the geezer I am - you kids today are fucking lazy!

      I was going to read your post, but it was too long. ;)

      All kidding aside, is there really something wrong with convenience? I remember being told things when I was a kid like "I had to walk 10 miles to school. In the snow. Uphill. Both ways." and my answer was usually along the lines of "Well, if you had let me get a car I would have driven you."

      After which I would usually get a pop to the mouth and not had dinner that evening.

      --
      More Twoson than Cupertino
    7. Re:DRM costs to much already. by hamfactorial · · Score: 2, Funny

      Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway?
      It's worse than that, he's dealing with more than one!
      --
      Did you know subscribers can see articles in the future? Holy shit!
  6. Not mdash! by Virak · · Score: 4, Funny

    I knew EMI was a bunch of greedy bastards, and I'm not surprised about that; however, I find it very troubling that mdash, an *excellent* HTML entity, has turned to the dark side like this. Really, I never saw it coming.

  7. DRM does not solve the problem by jackhitrov · · Score: 2, Informative

    Read this: Emmy Noether on DRM

  8. I have a similar situation. by Rob+T+Firefly · · Score: 5, Funny

    Hello and welcome to my malt shop chain, TurdShakes(TM), featuring shakes made from genuine excrement, in a secret family recipe that is sure to please.

    Am I serious, you ask? Of course I am! I am quite passionate about my flagship product, the TurdShake(TM), and stand behind it totally even though sales have been slightly disappointing. That is to say, not quite as successful as I had hoped. Frankly, I'm shocked by the fact that nobody wants to buy milkshakes made from excrement. Im my eyes, TurdShakes(TM) were a goldmine waiting to happen.

    Wait, come back! Okay, you win. I am willing to adapt my business model to suit what the people want. Therefore, I have decided to remove excrement from my TurdShakes(TM) entirely, possibly replacing it with chocolate or ice cream or some other such boring shake ingredient. You'd like one now, wouldn't you? A regular shake? No Turd(TM)?

    Well, that's just what you'll get, then. A delicious normal shake... That is, of course, provided you give me a large bag of moneys first. A really big bag, with lots of moneys. Otherwise, you'll just have to go on buying the original TurdShakes(TM), with heady flavors of... wait, where are you going? Come back!!

  9. It's the smei-colon's fault by wiredog · · Score: 4, Funny

    Once she left him for that fancy nbsp, it was all over.

    1. Re:It's the smei-colon's fault by jb.hl.com · · Score: 3, Funny

      This gives a new meaning to the phrase "laying some pipe".

      --
      By summer it was all gone...now shesmovedon. --
  10. Re:Not Surprising by moore.dustin · · Score: 4, Insightful

    It is not just the question of making profits though. They want and need to be able to _maximize profit_ for their company and shareholders. When they can say that DRM free media is the avenue which will yield the most profit, they will go that route. Again, it is not enough to just make money, they need to make the most they can with the product they sell. Right now, DRM'ed media appears to hold the promise of maximized profit.

  11. Ah.. Right... by 91degrees · · Score: 2, Interesting

    So they have a strategy of unknown risk and reward, and they're quite happy to go about it if someone else takes the risk but doesn't benefit from the reward.

    Here's my counter proposal. I'll pay the upfront cost. I get to choose how much I charge. My cut is double what they pay Apple.

  12. People will do it by Mateo_LeFou · · Score: 5, Insightful

    We are going DRM-less in droves. EMI and friends can go with us or not.

    --
    My turnips listen for the soft cry of your love
    1. Re:People will do it by elrous0 · · Score: 4, Insightful
      Yeah, I think that's what EMI is missing. We ARE going DRM-free. People are sick of DRM and it has reached a tipping point. The only decision they have to make at this point is whether they want us to pay them $.99 a song or $.00 a song.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:People will do it by AusIV · · Score: 2, Insightful

      We are going DRM-less in droves.

      Do you have any sources on this? There are certainly some more technically minded people who have avoided DRM from the beginning, but I'm not aware of too many average consumers who have much opposition at all to DRM, generally because they aren't aware. I may be wrong, but I haven't seen the masses flocking towards DRM-free alternatives.

    3. Re:People will do it by Deagol · · Score: 2, Interesting
      but I'm not aware of too many average consumers who have much opposition at all to DRM, generally because they aren't aware

      I think they are aware of the *problems* of DRM, but they just don't know to label it as such. Just ask any person who's had to sit through the 20 minutes of commercials on Disney DVDs that they can't skip through. That annoys the shit out of nearly everyone I know, and DRM is the cause. They just don't recognize it as such.

      As for flocking towards alternatives... just look at the client list of your favorite P2P client. Not every IP in your bittorrent client is some punk kid "putting it to The Man". Sure, they're not *legal*, but they are non-DRM alternatives. When asshat companies like Maxis are still requiring the CD to be present for The Sims to run (in this age of half-TB drives), they can kiss my ass -- I'll go download the version with the No-CD crack.

    4. Re:People will do it by Crizp · · Score: 3, Insightful

      When asshat companies like Maxis are still requiring the CD to be present for The Sims to run (in this age of half-TB drives), they can kiss my ass -- I'll go download the version with the No-CD crack.

      ...after you've bought the game? Why not just download the crack and apply it to your legal, installed version, saving some bandwith and waiting? ;)

    5. Re:People will do it by Beardo+the+Bearded · · Score: 2, Interesting

      Applying the patch to a game or program you own is legal. After all, they've been telling us for years that we don't own the media - we own one (1) licence to run the software.

      One of my professors at school had a legitimate, licenced copy of MATLAB. The damn thing wouldn't work on his MacBook 1/2 the time. The pirated version he downloaded worked great, every time. It loaded faster, too.

      I think the same sort of thing happened in GTA3 for the PC. If you applied the no CD crack, then your performance went WAY up. In that case, Rockstar applied some parts of the patch to the next official release.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    6. Re:People will do it by stokessd · · Score: 2, Interesting


      "Do you have any sources on this?"

      Well CD sales are still the most popular method to get music, and that is DRM free (and mostly rootkit free).

      So the statement is more that we have been DRM free, and we put a toe in the DRM waters and said "no thanks" in many cases. This really isn't a case where we are throwing off the long-standing chains of oppression. DRM is a new thing, and a fairly limited thing (in audio), that we as a geeky segment of society are railing against.

      Now movies have a lot more heritage with the DRM thing...

      Sheldon

    7. Re:People will do it by kimvette · · Score: 2, Informative

      I know many Joe-sixpack types who used Napster. then switched to Kazaa then limewire. They are fully aware, if subconsciously about Free vs. DRM in terms of control.

      Of course, I invariably have to clean spyware up for these customers, but it goes to show that they are learning about the ramifications of vendor lock in and are not feeling obligated to pay obscene prices to major labels when free/free options are available.

      I've asked a few why they don't use iTunes instead and a few have remarked that computer upgrades resulted in their losing access to the music (read: they don't know how to back up the licenses), they don't have an iPod, but some other brand MP3 player (read: don't know to burn it to CD and re-rip it to MP3), or don't have a Mac (read: haven't noticed the availablility of iTunes for Windows). A couple have been savvy enough to tell me that they won't pay money for music from major labels every time the format changes, but that's generally the older generation which has bought the White Album on vinyl, 8-track, cassette, CD, and now want a copy in "digital" format.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    8. Re:People will do it by ArtDent · · Score: 2, Interesting

      It's early days yet, but here's a very interesting indication.

      Last week, as reported here, Puretracks began offering DRM-free MP3s. They have 50,000 tracks, just 3.8% of their total catalog, available in this format. None of it is from the major labels.

      Currently, a DRM-free album, Barenaked Ladies are Men, is at number 2 on Puretracks' top 100 chart (sorry, those last two links work in Canada only). It has been moving up steadily since Puretracks announced its MP3 offerings last week. By comparison, the album is at number 45 on the traditional Canadian albums charts. No other song in Puretracks' top 10 sits below number 15 on the SoundScan chart.

  13. Question / Answer by ACAx1985 · · Score: 5, Insightful

    For $10 I can buy a physical CD, and get: 1) Liner notes. 2) Artwork. 3) Plastic casing. 4) Plastic compact disc. 5) Files on said disc which are lossless. I can then convert the lossless files into any format I want depending on my needs, put them on my iPod, put them on my hdd. If I lose the CD, I still have the files. If I lose my iPod, or my hdd, I have the CD. Why would I spend $10 on low-quality files that are DRM-infected that I can't do shit with, and that I can lose much easier? Oh yea, I won't. -ACA

  14. Capitalism at work by Dracos · · Score: 4, Insightful

    EMI has backed out of talks for now because no one will pay what they're asking.

    That should tell EMI that their extortion price is not "what the market will bear".

  15. Pricing model by 99bottles · · Score: 3, Funny

    Sounds like EMI went to the SCO school of pricing.

  16. good news for allofmp3.com by fyoder · · Score: 5, Insightful

    allofmp3.com would like to thank you for your business. It knows you have no choice in DRMless online retailers who offer high quality files without DRM at a good price (well, with the exception of magnatune, but they have a limited catalog), and appreciate your choosing them for your online music needs.

    --
    Loose lips lose spit.
    1. Re:good news for allofmp3.com by Overzeetop · · Score: 2, Informative

      In Soviet Russia...aw hell.

      Magnatune et. al. are great, but it's not apples to apples. AllofMP3 sells the same music without DRM that you can only get with DRM in other outlets. Its all fine to bash the top 100 here on /., but there really is a lot of market there. If you ignore the legal loopholes AllofMP3 is exploiting (they're practically Americans!) you get to see a pay-for-quality model on mainstream music. It has much more applicability than trying to compare the major lables to smaller labels, or trying to glean some data from P2P networks, because the product and the market are the same.

      There must be some sort of Godwin's Law for AllofMP3 references.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:good news for allofmp3.com by Kalriath · · Score: 2, Interesting

      I'm gonna split hairs here and point out that under Russian law, allofmp3 is quite legal (for now) because Russia does NOT require an agreement be executed in advance to be licensed to sell works. Russian law also says that all they do need to do is pay a royalty to a rights management group (for lack of a better name), such as ROMS, who they DO pay, to be held in escrow until the rights holder requests payment. No rights holder has requested this money from ROMS. So you aren't quite correct there, what they have done IS enough.

      Also, bear in mind that the site isn't actually targeted at the US (I know, technicality, and of course the INTENT is to get US and other countries to buy there) and so far as I know, US citizens buying your products over the internet does NOT bring you under the jurisdiction of US law. Russian law is the only one that applies to the sale. US law only applies when you receive the file.

      Why do you think AllOfMp3 laughs at the US court's judgement in favour of the RIAA to the tune of "Russia" (or, $1,600,000,000,000 US)? Or why it persists in doing exactly what the US court decided is illegal? The RIAA (interchangeably used with "Major Labels" in this case) is only bitching because the songs there are so cheap, so the royalties they are entitled to collect from ROMS is not enough to line their wallets. Which of course is why they wont collect from ROMS - doing so would validate AllOfMP3's position, and destroy their argument.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  17. Re:Its simple business by thyrf · · Score: 3, Insightful

    That seems like a plausible argument, but then like most things in life it's not that simple. I'm not willing to dare and guess the amount of money that music and video provides to some of our nations economies. Think of all the shops that will close, the people that will lose their jobs and the public uproar that will follow. Most of us live in a society where we've been fed this for our entire lives - it wouldn't go down too well if it was taken away from us. Then there's the bands (let's be fair, most movies are made by multi-million pound companies). There are some remarkable musical talents out there and unless we buy direct from them they're sure to find other ways of making money.

    I'm all for de-commercialisation and the cutting out of the 'fat cats' but stopping our spending altogether seems a little drastic. DRM is a proce that needn't be paid, it's just an excuse to sponge more money from us.

  18. what EMI didn't take into account.. by JustNiz · · Score: 2, Insightful

    is how much its going to cost them in lost sales through pissing off customers by keeping DRM.

  19. Re:confusing conclusion to article by dgatwood · · Score: 3, Insightful

    Some readers have indicated to us that they'd happily pay more for DRM-free downloadable music from an online retailer, yet it is unclear as to why DRM-free music should cost more. To return to a point made famous by Steve Jobs, the overwhelming majority of CDs sold today already come without DRM on the discs. Furthermore, pirated copies of music are readily available online. As a result, it's not very clear to us why online music that is sold without DRM would need to cost more, but given the razor-thin margins in that market, a "no DRM tax" is quite likely to be passed on directly to consumers.

    I'm not sure where I've seen any evidence the music industry is running on razor-thin margins. This sounds like pure BS, and only hurts their credibility every time they try to state their "case"... So far, I'm not convinced.

    A more interesting question is why the music industry thinks that DRM matters. Their logic violates a very simple law of computers: if one copy exists in an unprotected form, all copies exist in an unprotected form. If somebody says "Hey, check out this cool song," and somebody else asks, "Can I get a copy of that," and the answer is, "No, it has DRM, but you can download it from eMule," that's not an improvement over "Sure, here's a copy." Actually, it's worse than "Sure, here's a copy" because it is encouraging the second person to pirate the music, while giving someone a copy is encouraging that person to watch for other music by that band and maybe buy the CD.

    And I'll say it again: ignoring the one-hit-wonder teeny-pop crap, real musicians benefit overwhelmingly from music piracy. It increases exposure, which in the long term, increases sales. Therefore, all anti-piracy measures are, by definition, short-sighted foolishness by people who don't understand the basics of doing business in a modern economy. Is it any wonder, then, that music sales continue to be in the toilet despite substantially decreased piracy? Guess what? Music copying and sharing was going on before Napster. The only thing that Napster did was bring it out into the open where the industry could total it up and say "Oh, no, we're losing all these sales!" when in reality, by shutting down those services and annoying their customer/fan base, they really killed one of their biggest sources of advertising....

    But I guess some people will never learn.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  20. Par for the course by glenstar · · Score: 4, Informative
    As someone who has intimate knowledge of how the entire licensing thing goes between the majors and a digital music provider let me just say that this is in no way shocking. The labels will take as large an advance as they possibly can and it is really a matter of whose legal counsel is better. A couple of years ago there was no way you could license all of the (available) major label content for under 500k... unless you paid one of the better known music industry lawyers a couple hundred K. There are only a half-dozen big shot lawyers in the music biz and they tend to play both sides of the field... and charge whatever the hell they feel like.

    The contracts for the labels are all wildly different but all of them consist of at least technical due diligence (what are YOU going to do to make sure OUR content does not fall into the wrong hands), financial due diligence, and a marketing plan. This is heavy stuff and can takes months and months to push through. In short, this is a very time-consuming and spendy process to go through.

    EMI, under the digital music strategy of Ted Cohen, has far and away been the most open of the majors when it comes to licensing. They are simply making an attempt to protect their assets... since it takes so much effort on both sides to conclude a licensing agreement, it makes sense that they (the majors) want to recoup as much of that investment up-front as they possibly can.

    People on Slashdot get this wrong all of the time. You see, the majors and the digital music services are in a death-match, with the DMS being hounded by the customer and the majors being hounded by the shareholders. The ONE thing that binds all of those people together (with the possible exception of the customer) is DRM. The major feels a little more secure "knowing" that their music can't be mass-reproduced, the DMS is happy because they can sell the content, the customer is happy because they can get the content, and the shareholder is happy because, well, there is an additional revenue stream.

    And FYI...I have never met a music executive who DOES NOT understand that DRM is nearly useless as far as protection of content goes. BUT... as I said above, it is the glue that keeps everything together.

    Go spend some time on Digital Music News to fully understand what is going on in the industry. It's not so simple and you cannot say definitively that DRM is harming the consumer because RIGHT NOW the only way to get that content is with DRM. Better than nothing, isn't it? Things will eventually change and this announcement from EMI is a very positive step forward. Don't trash the music industry as a whole until you understand it. I am certainly not saying it is full of kind-hearted souls (very far from it!) but there is more to it than just "let's fuck the consumer and the artist to make a buck!".

  21. DRM costs them money! by GiMP · · Score: 3, Insightful

    I know I'm preaching to the choir, but... what I don't understand, is why EMI hasn't yet figured out how that DRM costs them money?

    I went into a CD store recently, saw a number of alums for sale by EMI, considered buying them, but saw the largely-printed "DRM" warning. Perhaps I'm unusual, but this prevented me from buying a single one of those albums. If not for the DRM, I would've bought one of the albums, and I would have likely purchased the others over time. Over the last few years, I've probably spent few hundred at AllOfMp3. Why? Because I could buy the music I wanted, not only at the price I wanted, but in the format I wanted.

    Does the music industry really think if people didn't want CDs, that they would've switched from cassettes and vinyl? Of course people switched, because they WANTED compact-discs, there was an advantage. Does EMI think that if the masses wanted CDs and they only sold cassettes, that anyone would continue to buy EMI's music? Likely, the masses would just put their money elsewhere. Customers buy what they want, remember: "The customer is always right." As long as the layman wants MP3 files, and the audiophiles want FLAC files, DRM will not sell. If music is only available underneath DRM, then music will not sell.

    I only assume that EMI believes that stopping DRM will stop illegal downloads, and the revenue gained by recouping the "losses" of illegal downloads will outweigh the losses that they now incur due to DRM. However, I believe that of those illegally downloading, there are the following groups:
      1. People that would purchase the product if there was no DRM, but download illegally instead.
      2. People that won't pay regardless.
      3. People that use illegal downloads as time-shifted radio, driving sales.

    Based on this list, I can only see DRM hurting EMI. Group #2 won't pay regardless, and they're driving away users from groups #1 and #3. Thus, their DRM is only removing a significant number of potential customers. There is NO advantage to EMI to continue pushing DRM.

  22. A tax? by dorianh49 · · Score: 3, Interesting

    "... the charge is a tax/levy." Anyone else think it's about time to dress up as Indians or one of the other Village People and start throwing 1's and 0's into the Boston Harbor?

    --
    Gravity is a contributing factor in nearly 73 percent of all accidents involving falling objects. -Dave Barry
  23. Re:Somebody explain... by Stevecrox · · Score: 2, Interesting

    Your working on the assumption that everyone is a theif. Your not actually thinking about how people think.I don't pirate music, I even used the Itune Music store when it came out, but after a week I realised that none of the song I had purchased were playable on anything but my PC. I switched to the great WMP's MSN store and playsforsure and started getting flaky playing (believe it or not it would only play sometimes on WMP9 but everytime on my sync'd device.) After two bad expearences I gave up on online music, it wasn't cheaper (we're talking £7.99 an album when I could buy it for £9.97) it gave me less choice and generally put me off. So I went back to my old habits of simply waiting until a album fell from popular interest or looking out for lesser known artists before they were big and getting the albums on the cheap.

    The first music store which can offer me music without DRM and actually be cheaper than retail stores (ITMS has been more expensive in some cases) will have my business I like owning legitmate copies of disks most people do, but most people don't like to feel like their being ripped off. When a DVD first comes out it can be as much as £17.99 5 months later that samew dvd is £4.99. Music is much the same, so people pirate.

    If filesharering and piracy is so prolific perhaps this suggests that the price of music/films doesn't match the price the demand (consumer) expects to pay. The fact that no music/film company adjusts their pricing to take advantage of this simply screams of price fixing. There will always be some priacy as there is always a blackmarket for any good for any other service, but give consumers the product/service they want at a price they are happy paying (competitiveness always helps here) you'll never stop all piracy its an impossible goal. My idea is based on the principle of "This is how the world works" the nice music companies seem to be working on the principle of "this is how the world should be"

  24. What if you WANT to pay? by elrous0 · · Score: 2, Interesting
    Because, believe it or not, many people actually WANT to be honest and not cheat artists out of their royalties. If there were a simple way to get DRM-free, high quality music at $.99 a song with a decent selection, you might be surprised at how many people would use it. Take allofmp3.com as an example. People weren't just going there because they were cheap. A lot of people just liked their huge selection and the fact that you could get your songs there as high-quality mp3's that could be played on any player or transfered across networks/between computers, etc.

    A lot of people don't have an alternative that even LETS them be honest. For example, I listen to a lot of my music on my networked Tivo. Tivo will only play mp3's over the network. It won't play wma's or protected aac files. So, what are my options even if I *WANT* to pay? I can either buy a full CD for one song (and have to go through the hassle of waiting for it to ship and ripping it to boot), go to a site with a VERY limited selection like emusic, or pirate.

    If someone is just a cheap-ass who is determined to pirate, nothing is ever going to stop them. But it seems like the studios are stupid to pass up on those honest people who actually WANT to pay, but who just don't want to deal with the hassle and risk of DRM.

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.