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iTunes Staffers Becomes Music's New Gatekeepers

WSJdpatton writes to mention The Wall Street Journal has a look at how Apple is shaking up the world of music retailing. "Apple -- now one of the largest sellers of music in the U.S. -- offers home-page placement in exchange for things such as exclusive access to new songs, special discount pricing or additional material such as interviews with stars. Most other big retailers, digital and physical, also seek exclusive offerings, but Apple is especially aggressive and has outsize clout when it comes to the slightly out-of-mainstream music it often emphasizes."

22 of 79 comments (clear)

  1. Wow... News. by shoolz · · Score: 4, Insightful

    50 bucks to the first person who is actually and genuinely surprised by this.

    1. Re:Wow... News. by Anonymous Coward · · Score: 5, Funny

      I'm actually and genuinely surprised, I'll be contacting you shortly about my $50. :D

    2. Re:Wow... News. by Hennell · · Score: 2, Insightful

      I'm fairly surprised to be honest. I hadn't really thought about it before (Don't use iTunes so it passed me by) but if you'd have asked me I would have assumed that it worked on a 'similar music' style thing. If iTunes looked at what you've bought, finds people with similar taste and suggests bands you might like, bands/record companies would be advertising mostly to the intrested; saving everybody's time.

      Although I suppose I'm hardly shocked they'd do it this way. The music business isn't exactly known for its care or thought of the consumer.

  2. The fine line is being danced around by mcrbids · · Score: 5, Interesting

    In the United States, it's not illegal to be a monopoly. But, once a monopoly, what was once a competitive advantage becomes criminal conduct.

    As a business owner, I'll leverage every advantage I can to the detriment of my competitors, including (but not limited to) absorbing the losses in one marketplace in order to ensure the profits in another, and utilizing my commercial strength in an area to negotiate an advantageous relationship with other vendors.

    But in the United States, once you've become a "monopoly", many things that were once expected become criminal actions.

    Apple can (and should) leverage their dominance in the music distribution scene to their advantage. As a publicly traded company, it's their fiduciary responsibility to make as money as they can figure out how to do. But if the dominance of the Apple juggernaut continues for much longer, they'll be branded a "monopoly", and then things get pretty complicated pretty fast.

    No, I don't think they are a monopoly. (I just bought a Creative Zen to replace my dead iPod, and I'm much happier with the result) But their dominance is... dominating.

    Apple needs to tread a bit carefully, methinks.

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
    1. Re:The fine line is being danced around by troll+-1 · · Score: 2, Interesting

      In the United States, it's not illegal to be a monopoly. But, once a monopoly, what was once a competitive advantage becomes criminal conduct.

      I thought being a monopoly in the US was illegal under the Sherman and Clayton antitrust acts.

      Microsoft was found guilty of acting as a monopoly in 2002 after being sued by 20 US State Attorneys General. You might think the punishment didn't go far enough, but that's different from a monopoly not being illegal.

    2. Re:The fine line is being danced around by bigdavesmith · · Score: 3, Interesting

      While I don't disagree with you, since the example of Microsoft which you cited is obviously the government working against the people, I wouldn't be surprised to see them actually go after a company "which virtually everyone likes", particularly if some of the other companies put more of their money in Washington.

      Still, I don't see iTunes being a monopoly, ever. There are simply too many other places to get music. The alternatives might not be as good, but that doesn't make it a monopoly.

    3. Re:The fine line is being danced around by Andy_R · · Score: 5, Informative

      No, it's abusing a monopoly that is illegal. From the Sherman act article you point to: 'According to Senator George Hoar, an author of the bill, any company which "got the whole business because nobody could do it as well as he could" would not be in violation of the act."'

      If it was illegal to simply be a monopoly, then that would give rise to all sorts of absurd situations. Apple would have to bribe other buinesses to set up rivals to iTunes, nobody could make anything patented (because a patent is a monopoly) and if there were 5 widget makers in the country, and 4 went bust the other one would automatically become a criminal!

      --
      A pizza of radius z and thickness a has a volume of pi z z a
  3. This is news? by Arclight17 · · Score: 5, Insightful

    This isn't news. This is a standard business practice.
    You give me something I want (exclusive offerings), I give you something you want (placement and money).

    News Flash: Google provides links to sites who pay for prime placement. Scandalous footage at 11!

    --
    All men can fly, but sadly, only in one direction--Down.
  4. Come on now by EtherAlchemist · · Score: 4, Interesting


    It's not like the majority of music purchases in the US or abroad is happening through iTunes or even users of iTunes. Do the editorial staff have an impact? Yes- within iTunes.

    Look, if they had that much "power" over what act becomes the next big thing, they (along with the other music services) would be getting more love from the labels, but that's not the case.

    Radio, videos, word of mouth- these are all still more powerful than the iTunes ed staff. I'm sure they'll love the ego boost, though.

    --
    R(k)
  5. monopoly? hmm.. by EtherAlchemist · · Score: 5, Insightful


    I don't think they're a monopoly and couldn't become one in this space without purchasing or controlling the labels themselves. Additionally they would need to control every outlet for all of that music, not just online.

    Apple isn't the first company with an online music store and they have no exclusive deal with any of the labels. Their dominance is self-reinforcing because iTunes is the only way to manage music on your iPod. Maybe that's the monopolistic part you're talking about?

    How many iTunes but no iPod customers does Apple have? Likely few. Why? Because there are other ways to buy music. There are other ways to manage your music. There are other ways to listen to your music.

    Competition in this space is healthy (although the Ahype around iTunes would have you believe otherwise) and there are enough competitors to offer consumers a choice in how they purchase (or not purchase but stil legally consume) music online. Even if you look at device + music store/library manager Apple isn't alone in this space. Napster has a device. Real partnered with SanDisk late last year and released the Sansa Rhapsody which works with the Rhapsody client software. You can consume that music service through other 3rd party devices like Sonos and Squeezebox. I don't think you can do that with iTunes because they keep the content locked to their devices.

    So, I don't know. Yeah, they're popular with iPod users, but iTunes just isn't compelling enough to take over enough of the market by itself to be a monopoly.

    --
    R(k)
    1. Re:monopoly? hmm.. by an.echte.trilingue · · Score: 3, Informative

      Their dominance is self-reinforcing because iTunes is the only way to manage music on your iPod.
      I use a program called gtkpod to manage my iPod. I understand that amaroK works as well.
      --
      weirdest thing I ever saw: scientology advertising on slashdot.
    2. Re:monopoly? hmm.. by drix · · Score: 3, Interesting

      For the record iTunes is not the only way to manage music on your iPod. On Windows, I find WinAmp to be a much better choice. The iPod support in the latest version works perfectly, fully supports all of the features like podcasts, smart playlists, etc., and is much faster than iTunes. The iTunes client on Windows is slow, bloated and sucky. (50mb for a browser and mp3 player? C'mon.)

      --

      I think there is a world market for maybe five personal web logs.
  6. Sound quality (IMHO) will keep CDs around by JohnnyComeLately · · Score: 3, Interesting
    I used to work in a high end audio store back in da day and somewhat had "an ear". After college, I couldn't afford a high end system, but recently I'm starting to have enough cash to drop more $$ on speakers. I distinctly heard on 15 year old speakers just how crappy iTunes music is compared to store bought. Up to that point, I was thinking of ripping the remaining couple hundred CDs (not yet converted) and chucking them....but now I'm reconsidering.

    Today, just before leaving work, I got to listen to some new Sunfire speakers (Bob Carver company) that got overnight air'ed for the Electronic Home trade show in Orlando this week... lets just say that even though I'd lost my ear long ago...this reminded me of just how good music could sound.

    Anyway, long story longer...I know online is giving stores a run...but I think as long as there's people dropping $10k on speakers (the cost of the system I heard today for JUST speakers...double or triple it to include everything else), I don't think CDs are going anywhere.

    I'm probably wrong but that's my opinion.

    Here's a list of what I was listening to: Processor
    2700 watt Subs (2!!)
    2,800 Watt Amp
    Speakers (not the same, but similar to these) **DISCLAIMER** The company I work for owns Sunfire...

    1. Re:Sound quality (IMHO) will keep CDs around by sessamoid · · Score: 4, Interesting
      Anyway, long story longer...I know online is giving stores a run...but I think as long as there's people dropping $10k on speakers (the cost of the system I heard today for JUST speakers...double or triple it to include everything else), I don't think CDs are going anywhere.

      Hah! Replace "CDs" with "vinyl", and this is exactly what audiophiles were saying before CDs were around. Here's a hint. Audiophiles have absolutely no effect on what direction the consumer electronics and music industries take.

      The proportion of people that can tell 128 kbit AAC from CD audio is pretty small. The subset of those who have the equipment and environment to discern that difference is smaller yet. The subset of those who give enough of a shit to change their buying patterns is really, really miniscule.

      --
      "No, no, no. Don't tug on that. You never know what it might be attached to."
    2. Re:Sound quality (IMHO) will keep CDs around by ereshiere · · Score: 4, Insightful

      Sure, audiophile speakers are better for playing music in a reference room, but what about people who just use the same boring white earbuds that come with iPods? When people play music in the background (exercising, mowing the lawn, whatever), what difference does 128k AAC make as long as they can hear that catchy guitar riff? By the way, you can rip CDs to the Apple Lossless format in iTunes; 128k AAC is only for the iTMS-bought stuff.

    3. Re:Sound quality (IMHO) will keep CDs around by Serious+Callers+Only · · Score: 4, Interesting

      I distinctly heard on 15 year old speakers just how crappy iTunes music is compared to store bought. Up to that point, I was thinking of ripping the remaining couple hundred CDs (not yet converted) and chucking them....but now I'm reconsidering.


      What does the quality of music on iTMS have to do with ripping your own CDs?

      PS There aren't enough people dropping 10k on speakers to stop iTMS selling low-quality music, it's probably 1% of the audiophile market, and 0.0001% of the music-buying market. You seem to equate iTMS with 'online music' here - there are plenty of online stores who offer better quality, some even offer FLAC and let you choose how much you pay. Quality is not really an issue now for most people, and long term it will be a simple matter to increase the quality (iTMS has already done it once for videos), probably to well beyond the quality you get from CDs.

      Some day all media will be consumed and sold this way (including TV); let's just hope they drop trying to impose DRM along the way, as that's the only downside to digital distribution of media, and the only reason I don't use the iTMS yet.
    4. Re:Sound quality (IMHO) will keep CDs around by MyGirlFriendsBroken · · Score: 3, Insightful

      Anyway, long story longer

      Summary:

      For people who use their Hi-Fi/iPod/whatever to listen to music, 128kbps AAC is probably okay, for people who user their music to listen to their Hi-Fi it certainly isn't!

      Me, I mainly buy CDs now just because I like to have them on show on the shelf. Heck, half the time I come to changing the CDs in the car changer I burn them from my iTunes library, especially if there is something specific I want to put in there.

      --
      If you read a speed reading book, does it take you less time to read the second half?
    5. Re:Sound quality (IMHO) will keep CDs around by garcia · · Score: 2, Interesting

      I know that most people don't realize, at this point, that having the physical media is an advantage. Wait till iTunes has been the primary purchasing point for people at around the time when hardware failure starts to take a toll.

      When these people lose their entire music collection and have no way to restore it, then we'll see what they think about their past choices.

    6. Re:Sound quality (IMHO) will keep CDs around by FutureDomain · · Score: 2, Interesting

      Although having the original CDs does have advantages (conversion to other formats without losing a ton of quality, being compatible with older CD players, as evidence to the RIAA lawyers that you legally purchased the music on your computer), hardware failure won't be an issue as long as you back up the tracks and any licenses on a CD, DVD, or portable memory key. And if you don't back up your computer, your music will most likely be the least of your worries. If I was to use similar logic, I wouldn't have computer documents because my hard drive might fail. I don't think people will change their buying habits just because of a possible hardware failure. People either take precautions for hardware failure and back up their data, or they lose it when Windows or Bagle send your computer to the shop.

      --
      Hydraulic pizza oven!! Guided missile! Herring sandwich! Styrofoam! Jayne Mansfield! Aluminum siding! Borax!
  7. Apple: a monopoly... doing good? by the_unknown_soldier · · Score: 2, Interesting

    This article says that apple are the new gatekeepers, but more importantly it says that apple does good things with its powers! Instead of taking cash to promote a CD, they only offer promotion in return for "exclusives" and discounts, therefore improving the end-user experience. What's more important however is that they promote independent artists! From the article:

    "Groups like Gnarls Barkley have enjoyed significant boosts from iTunes. Last year, the alternative-soul duo's "Crazy" became the first song to hit No. 1 on the British pop charts based solely on digital sales. When the Shins' third album, "Wincing the Night Away," made its debut in January at No. 2 on the Billboard 200 album-sales chart, nearly 30% of the first-week sales were made online"

    Does anyone honestly think that The Shins would be so popular without iTune's help? They are a great (semi) indie band, and iTunes promotes LOTS of indie bands. This is far better than the competition such as wal-mart who will only promote stuff put up by the record companies and paid for.

    I was suspicious of this article. Apple's statement on DRM annoyed me to no end. Indie bands often plead with iTunes to remove DRM, and Apple refuses. It stands to reason Apple LOVES DRM, otherwise they would implement an opt-out system for DRM for indie artists. However despite the fact that apple is creating a monopoly in this area, they are actually doing good things with it in promoting indie bands!

    1. Re:Apple: a monopoly... doing good? by allgood2 · · Score: 5, Insightful

      I was suspicious of this article. Apple's statement on DRM annoyed me to no end. Indie bands often plead with iTunes to remove DRM, and Apple refuses. It stands to reason Apple LOVES DRM, otherwise they would implement an opt-out system for DRM for indie artists. However despite the fact that apple is creating a monopoly in this area, they are actually doing good things with it in promoting indie bands!
      I really can't stand when people ignore the facts and make statements like, "Apple Loves DRM". There maybe individuals at Apple who like it (though I doubt that many), but history proves that Steve Jobs and Apple were against DRM long before they were required to introduce FairPlay.

      It took over three years of negotiations with the major record labels for Apple to get them to agree to any sort of contract, and when the iTunes Music Store was introduced, Steve Jobs gave a number of fairly candid interviews of how he had to (1) convince the major labels that music could be sold digitally, (2) how he loss the argument on no DRM, but won massive concessions on insuring that consumer 'fair use' rights weren't decimated by the major labels, when it came to what control the labels wanted DRM to provide, (3) how he also won major concessions on pricing, but loss some control over contracting issues, and (4) how his goal to insure that the major record labels and independent labels all expect the same treatment contract wise, was somewhat lessened by the aforementioned pricing and 'fair play' wars. [Independent Labels got a good contract, but its not equal with the Big 5, as was originally pushed for, and this was a direct power push by the Major labels, since they couldn't control product placement]

      This was a 3 year battle, as opposed to those outfits who rushed out the gate after Apple introduced iTMS. Remember BuyMusic. It died quickly and horribly, but I can't say it wasn't a deserving death. To be the first to introduce purchasing downloads for the major labels to Windows users, [in case you forgot, Apple originally won all those concessions and spent three years in contract and business meeting just to get a trial run on the Macintosh platform], BuyMusic conceded to tier pricing, purchased placement of artists, super restrict and adjustable DRM on song files (some songs could be shared on multiple computers (2 to 5 depending on the label and artist), some could not, some songs couldn't be purchased as singles at all, new releases prices occasionally went as high as $1.79 with no copy, no portability restrictions in place.

      I say, spending more than 3 years arguing, cajoling, and gaining concessions for consumer rights, when so many others were so willing to trample all over them, just to gain access to the major record labels collections, is ample argument that Steve Jobs and Apple has always seen DRM as a deterrent to where their vision of digital media will be in the future. That said, I think Apple was very pleased with their DRM, with all the latitudes it allowed, despite what the majors wanted. There is a reason why it's called, "FairPlay". The name is like a slap in the face reminder to the majors that consumers have rights as well; and Apple will do its best to protect them.

      Unfortunately, I think Apple felt the sting of their own DRM and negotiated concessions, far more rapidly than they anticipated. So even the glow of their freshly minted FairPlay didn't generate illusions of DRM's not so bad for too long. Less you forget, when facing contract negotiations for extending FairPlay to Windows, and renewing contracts with the majors, Apple had to limit 'Rendezvous', add reductions to the number of times a play list could be burned, and make other concessions to the Major Labels; all because their contract indicated that if FairPlay was cracked and not fixed in a specific timeframe, the majors had some say in what they consider reparations.
  8. We need gatekeepers by mi · · Score: 2, Insightful

    The amount of stuff being produced these days for a consumer would easily overwhelm a consumer with even above-average patience and attention span. This is true in not just music, but in many other sectors/industries (cars, home electronics are other examples).

    So, somebody needs to be the "gatekeepers" — we are happy to employ them to avoid missing on the good new stuff while not spending all our time weeding out the bad new stuff. The question is only, who should that be.

    In medicines, which we deemed to be too important, we have FDA — a government agency. In everything else there are competing outlets, some of them commercial (think CNet), some not (think Consumer Reports).

    The following is a simple truism, but it is needed to counter the article's implicit disapproval: Apple got there, because consumers of music like the work, Apple's experts are doing.

    Maybe, it is the dissatisfaction with radio jockeys (think "Payola"), or with MTV, who, presumably, are losing their music gatekeeping role to Apple — I don't know. But should Apple become thought of as abusive of its position, people will switch to others — competition, as is often said, is only a click away.

    --
    In Soviet Washington the swamp drains you.