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Record Store Owners Blame RIAA For Destroying Music Industry

techdirt writes "It's not like it hasn't been said many times before, but it's nice to see the NY Times running an opinion piece about the RIAA from a pair of record store owners which basically points out how at every opportunity, the RIAA has made the wrong move and made things worse: 'The major labels wanted to kill the single. Instead they killed the album. The association wanted to kill Napster. Instead it killed the compact disc. And today it's not just record stores that are in trouble, but the labels themselves, now belatedly embracing the Internet revolution without having quite figured out how to make it pay.' It's not every day that you see a NY Times piece use the word 'boneheadedness' to describe the strategy of an organization."

78 of 586 comments (clear)

  1. Like the old saying goes: by Anonymous Coward · · Score: 5, Funny

    It's all over but the lawsuits.

  2. In other news by Sneakernets · · Score: 5, Funny

    The fat lady is practising her lines.

    --
    "No freeman shall ever be debarred the use of arms." -- Thomas Jefferson
  3. a little anecdote... by Yold · · Score: 5, Interesting

    I go to the second largest undergraduate university in the country. Within the last year, both record (CDs) stores near our campus have closed. The one that closed last week had a sign on the door that said

    "to all the people that download music, if you think you are only hurting big companies you are wrong. There are two working people with families who no longer have jobs because of music piracy."

    I don't know who is to blame for the major decline in CD sales, the RIAA's stupidly clutching to the old music business model, or the students with 3000+ stolen songs on their ipods. I admit that I have pirated music, but I just listen to SIRIUS now and don't even own an iPod.

    1. Re:a little anecdote... by antifoidulus · · Score: 5, Insightful

      Did they actually stock cds that weren't mainstream? Did they try to make that the thrust of their business? Myabe it's just me, but most record stores try to make the process of buying music(or hell, discovering new music) as bland as expensive as possible. If I want a bland environment with tons of mainstream music I can go to Best Buy and get better prices. If record store owners want to survive, they are going to have to move to where iTunes/Best Buy/WalMart doesn't tread because there is no WAY they can compete with them on price. They need to actively encourage local bands and make sure they have plenty of indie artists and staff who actually listen to the music and can talk enthusiastically about them. Otherwise, what is the point of paying the premium for the record store?

    2. Re:a little anecdote... by (A)*(B)!0_- · · Score: 5, Insightful

      ""to all the people that download music, if you think you are only hurting big companies you are wrong. There are two working people with families who no longer have jobs because of music piracy."
      Adapt or die. Even if piracy wasn't a problem at all and everyone was honest, digital distribution is the future - not cd sales.
    3. Re:a little anecdote... by Kawolski · · Score: 5, Insightful

      "to all the people that download music, if you think you are only hurting big companies you are wrong. There are two working people with families who no longer have jobs because of music piracy." $18-$19 CDs containing 1 good track and 10 other tracks of crap vs. a $.99 single at iTunes might also have something to do with it too. But, hey, must be the pirates...
    4. Re:a little anecdote... by Daniel+Dvorkin · · Score: 5, Insightful

      I understand why the people who owned the store near your campus were bitter, but I think TFA provides a good counterargument. The downloaders didn't drive them out of business; the sickness in the music industry did, and a good portion of that sickness can be traced directly to the RIAA. If it hadn't been for the RIAA's stupidity, downloaded music and music bought on CD could have found a way to peacefully coexist. Now, it's too late.

      A whole hell of a lot of working people with families, throughout the music industry, are going to lose their jobs over the next decade or two until this shakes out. The Recording Industry Association of America could have prevented this. Instead, they've done -- and continue to do -- their best to make it inevitable. Yeah, the store owners' anger is understandable, but it's aimed at the wrong target.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    5. Re:a little anecdote... by bersl2 · · Score: 4, Insightful

      Here's the problem with your assessment of this anecdote.

      Technology has increased the efficiency of distributing information. Music is information too. Because the old model based on physical media transfer is being overtaken, there's less overhead. Of course, this means that there's less pie to go around. People and organizations by necessity need to leave the industry or to accept the fact that they're going to get a smaller share if they remain in. Or, like the RIAA, they can try to maintain their share at the expense of everyone else.

      This is the same issue that the Luddites could not come to terms with. Greater efficiency means less work to be done. Less work necessitates fewer employees and/or smaller wages. Instead of coming to terms with the reality and exploring other lines of work, they decided to resort to destruction of property to maintain the status quo.

    6. Re:a little anecdote... by mumblestheclown · · Score: 5, Insightful

      Fair enough, but the point was that they couldn't get into this business, even if it existed, because piracy (and I doubt that their claim is substantively false) intervened. It doesn't matter what you have for sale - if somebody is giving it away for free and there are no consequences, you will lose. I see nothing wrong with the subway going out of business because somebody invents a faster and more comfortable bus. I do see a giant problem with the subway going out of business because massive numbers of people decide that using fake tokens or jumping the turnstile is morally ok because the subway pollutes, is occasionally late, and is a giant impersonal organization that pays its drivers only a relatively small percentage of its total revenue.

    7. Re:a little anecdote... by owlnation · · Score: 4, Informative

      "to all the people that download music, if you think you are only hurting big companies you are wrong. There are two working people with families who no longer have jobs because of music piracy."
      That's actually very unfair, and not necessarily correct. While I think this is a great article and agree with their assertions about the RIAA, there are other factors that have had a massive affect on record shops - e.g. Amazon, and iTunes. Perfectly legal, but many record shops (and book shops, in Amazon's case) haven't adapted to face that challenge.

      eBay is also a massive factor in the collector's market.
    8. Re:a little anecdote... by qwijibo · · Score: 3, Insightful

      A business who didn't know its market and felt they were entitled to a constant flow of profit went out of business. I have a hard time finding any more sympathy for a small business that doesn't understand its customer base than I do for the RIAA.

      I occaisionally buy CD's, but I generally just cycle through the 300+ CD's my wife and I already have. If I find a new artist that I like, I want them to keep making good music, so I buy their stuff. There's any number of reasons for the declined in sales, but most of them come down to not catering to their audience. I don't buy music online because I don't like the idea of DRM. I can bypass the copy protection and make MP3's from the CDs I buy, so I have no problem putting stuff I want on my MP3 player. I haven't downloaded music as a mooch for many years. If I'm not willing to support an artist, why would I waste my time listening to their crap?

      Better quality subscription based radio stations are probably also a notable contributor to this trend. If I cared enough about my commute noise to want something better than the 6 stations and 5 CD's in my car, I'd probably do the same as you.

    9. Re:a little anecdote... by TheLinuxWarrior · · Score: 4, Insightful

      "to all the people that download music, if you think you are only hurting big companies you are wrong. There are two working people with families who no longer have jobs because of music piracy."

      It's not *just* music pirates responsible for the closure of stores such as this one.

      People like me, who see no value in having a CD, but legally purchase their music from online sources contribute as well.

      Why should I pay $13+ for a CD, when I can spend $10 and not have to waste gas going to the store, fight traffic and crowds, and risk the possibility that what I want may not be in stock anyway?

    10. Re:a little anecdote... by Todd+Knarr · · Score: 5, Insightful

      Unfortunately it's not illegal downloads that killed that store. My reasons for not going to a music store:

      1. The prices are too high for what I want. Not much the store can do about that. But whatever the reasons are, whatever the store can or can't do about it, it simply isn't worth it to me to pay the price of a full CD when there's only 1 or 2 tracks on it that I actually like. I want to pay, but given the other demands on my wallet I can't justify paying that much per song.
      2. What I want isn't on the shelf. I want individual songs. All the store can get are albums. When again exactly was the customer expected to buy what they don't want just because the RIAA doesn't want to sell what the customer wants?
      3. What I want isn't available. I want my music in digital form, in a format where I can not have to worry about whether or not it'll play on all my equipment, where I won't have to worry about headaches moving it between places I've a legal right to use it.
      4. I can't take the risks legitimate stuff exposes me to. From incompatible DRM modules to Sony's flat-out rooting my machine and exposing it to every black-hat out there, too many legitimate CDs are an unacceptable risk to the stability and security of my computers for me to be able to risk putting them into my drive. And if I can't play the CD where I most often want to, why bother buying it?
      That's more than enough reasons for me to not bother patronizing a music store anymore, and we haven't even gotten to the lack of variety in what many stores carry. Try finding KISS's original albums, let alone albums from the 40s and 50s.

      Oh, excuse me, I don't seem to have mentioned piracy anywhere. Maybe that ought to be a hint?

    11. Re:a little anecdote... by plover · · Score: 5, Insightful
      Our local music store did exactly that. They had lots of indie bands that came through the city stop in for a lunchtime performance or a record signing. They were in a pretty centralized location that had a lot of walk-by traffic (at least at lunchtime.) The people who worked there were cool, they knew their bands. They always had some new disc from some band I'd never heard of playing in the store. If you wanted to hear a disc, they popped it right into a CD player (behind the counter) for you. They were within walking distance of some of the best local concert venues. They specialized in hard-to-find stuff, they carried vinyl, they catered to all the special interests they possibly could. They sold DJ equipment. They sold used equipment on consignment. They did everything you suggested above and far more. They even had prices competitive with the big box retailers.

      They shut their doors a couple years ago.

      What you're asking for sounds great -- on the web. The simple truth is it is no longer profitable.

      Like it or not, those store owners were being truthful. Piracy is killing the music industry. Not that the RIAA labels don't need to be put down like the lampreys they are, but the days of the giants are waning fast.

      The real problem is the industry was entirely constructed on what is no longer a valid premise; that recording and duplicating quality music was expensive. And the labels have tried to make their money in different ways, mostly at the expense of the stupid bands who sign their livelihoods away for half a million dollars up front (you try organizing a nationwide tour for half a million $$ and see what you have left at the end.) The recording industry will soon die, and eventually the only survivors will be the indie bands singing for the love of music. They'll end up as 21st century minstrels wandering from pub to pub, settling for a meager income and drinks on the house, regardless of their talent.

      There will be no more profit in the music industry. It will die, and soon. The EMI anti-DRM move is a great attempt to capitalize on the huge anti-industry sentiment, but it's not going to change the behavior of people willing to climb over DRM to copy music anyway. And EMI won't have anything special once the other RIAA members see how profitable it is to not piss off their customer base.

      The only question mark remaining is: how far away is the MPAA from this scenario? Movie theaters and HDTV may be their only saviors, in that it takes enormous (by current measure) amounts of bandwidth and storage to copy a quality movie. Music is quite compressible, and too many tin-eared fans are willing to settle for crappy-but-tiny MP3 recordings. But as long as people want to share the experience of a movie on the big screen, and as long as HDTV requires a relative firehose of a network connection for high quality, AND as long as they can convince people that quality matters, they'll be able to keep making money on TV and movies.

      --
      John
    12. Re:a little anecdote... by Simonetta · · Score: 4, Insightful

      If it hadn't been for the RIAA's stupidity, downloaded music and music bought on CD could have found a way to peacefully coexist.

      I must disagree. Downloaded music is free. It is easily copyable without loss of quality between copys.

      There is no way that the RIAA can or could compete with this new model. It has driven them insane and they are just thrashing away dangerously in their madness. Woe to the people arbitraily caught in one of sweeps. The RIAA is acting like a mad grizzly bear trying to claw every salmon fish passing by it on a stream in Alaska. But eventually the RIAA's madness will cause it to run out of energy and then just roll over and die.

          However, this pattern of behavior will manifest itself as industry by industry fails to adjust to the new conditions of the modern age. One by one they will go insane and try to take out as many people at random that they can as long as they have the resources to do so. Smart people will recognize the signs of an industry in the grips of a 'death dance' and avoid being sucked into the malestrom of its fury while it dies. More on this way of thought can be found at www.kunstler.com and other sites like this.

    13. Re:a little anecdote... by drinkypoo · · Score: 4, Insightful

      Like it or not, those store owners were being truthful. Piracy is killing the music industry. Not that the RIAA labels don't need to be put down like the lampreys they are, but the days of the giants are waning fast.

      This is an unsupported statement. What about online sales of CDs? What about sales of other types of media? What about the fact that the majority of the RIAA crap is just that, crap, and the majority of non-RIAA music is underadvertised? Etc etc.

      A lot of retail businesses are closing their doors, not just record stores and other media purveyors, due to the influence of internet retail.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    14. Re:a little anecdote... by Khaed · · Score: 5, Insightful

      This is a lot more true than a lot of people who want to blame piracy realize.

      Every time I go into the local record store, there's some really crappy music playing. The CDs cost $18-19, sometimes $21 or so if it's a double CD.

      The selection sucks. The RIAA is putting out a ton of the same. I'm sure this is a hit with certain people, but I don't need five different CDs by five different dyed-blond pop starlets, or five CDs from the newest country hit guy with a mullet, or the black guy with a ten pound gold chain, or the Aryan looking guy who wants to be that black guy and hates his wife, or all the clones of all of these people. Sometimes some of them have a good song or three, but usually, not so much. The goth/punk/emo clone bands are the same.

      I can go to a store like Walmart, or Target, or Best buy, and get these same CDs for $14-16. Or I can get them at Amazon.com for a similar price (and if I get two, it's over $25, and I can get free shipping). Or there's iTunes. Which now offers some tracks without DRM.

      And the local record store? It isn't local. It's a chain of overpriced music. This isn't a family owned business, and I'm sure there are tons of places where the record store isn't the "two working people with families..."

      The RIAA pisses people off. DRM and Sony's rootkit actually did get the attention of non-techie people, at least some that I know. The atmosphere kind of sucks, and the prices definitely suck.

      Further: Book stores that aren't chains are also taking a beating because there are cheaper offerings elsewhere. As far as I'm aware, there isn't a huge problem with book piracy.

    15. Re:a little anecdote... by OakLEE · · Score: 4, Insightful

      Adapt or die. You know, any time someone uses the "adapt or die argument" in the context of the RIAA or MPAA, it gets modded insightful. Yet, when the same argument is used in conjunction with outsourcing, it gets modded as flamebait. Could someone explain the slashdot community's priciple or consistency on this issue. Or are we just all selfish assholes with selective morality?
      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    16. Re:a little anecdote... by Khaed · · Score: 4, Interesting

      Downloaded music is free. It is easily copyable without loss of quality between copys.

      But there are a lot of people who don't want to break the law, even if it is copyright law. I'm friends with a fair number of them. They just won't pirate anything, at all, ever. Even if it means going without music.

      It's kind of a bitch, because they're hesitant about anything that is free on the internet -- free software makes their brains hurt. And the weird thing is, most of them are in their 20s and right at the age where you'd think piracy would be more common.

      And they're also the people who the music industry annoys with DRM, because people who want to pirate something will and nothing will stop them.

    17. Re:a little anecdote... by quanticle · · Score: 3, Insightful

      must disagree. Downloaded music is free. It is easily copyable without loss of quality between copys.

      There is no way that the RIAA can or could compete with this new model. It has driven them insane and they are just thrashing away dangerously in their madness.


      As another poster pointed out, the availability of free alternatives hasn't been a problem for the bottled water industry. In fact, it could be argued that the water industry has it tougher: they have to pay for the distribution of a physical good. The RIAA just has to distribute information. The distribution costs of digital data are nearly zero. At worst, they have to pay for a server farm or two.

      I place the blame squarely on the heads of the record companies for failing to recognize the revolutionary nature of digital distribution and sticking to their old (physical) distribution model even in the face of overwhelming evidence that it was obsolete. Right after the shutdown of Napster, the record companies could have co-opted the pirates by offering high-quality digital downloads. By refusing to do so, they allowed other music piracy sites to become an acceptable place to get music.
      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    18. Re:a little anecdote... by rolfwind · · Score: 4, Informative

      The recording industry will soon die, and eventually the only survivors will be the indie bands singing for the love of music. They'll end up as 21st century minstrels wandering from pub to pub, settling for a meager income and drinks on the house, regardless of their talent.


      I think the Grateful Dead were one of the highest grossing bands on tour of all time yet they never had that many mainstream hits. They also allowed people to copy their music like crazy.

      Even if the death of the CD and record industry comes, there will always be stadiums/concerts/etcetera that have to be filled. Artists of greater talent (or popularity) will fill the bigger venues, as it is now, and make their money this way. You have not really explained why this will die - people will always want to go to events.

      I cringe to bring this example up, but the ratings of American Idol still show music is very much a profitable business (even if that is mixed with drama and whatnot).
    19. Re:a little anecdote... by greginnj · · Score: 3, Interesting

      Here's a record store that is near a much smaller university; it is not only surviving but doing well:

      Princeton Record Exchange

      Note that they also buy used albums, so they are not bailing out on their stock. In fact, "...Please Note: We do not currently handle mail orders, list our inventory or sell online mainly because our inventory changes greatly from day to day."

      So it's a hardcopy music store that buys stuff back and refuses to do mailorder/online. Tell me, RIAA Cassandras, how are they managing it?

      --
      Read the best of all of Slash: seenonslash.com
    20. Re:a little anecdote... by ucblockhead · · Score: 4, Insightful

      It's not piracy that is killing the record store. It's downloading that is killing the record store. It's iTunes that is killing the record store. The record store is dying because people would rather pay $0.99 for a song than $12.99 for an album.

      If piracy were the problem, then you wouldn't seen iTunes music store sales doubling every year.

      --
      The cake is a pie
    21. Re:a little anecdote... by morcego · · Score: 3, Insightful

      Like it or not, those store owners were being truthful. Piracy is killing the music industry. Not that the RIAA labels don't need to be put down like the lampreys they are, but the days of the giants are waning fast.


      Lemme tell you why I started downloading music.

      A few years back, I still used to buy CDs. Then suddenly I noticed that I buying a whole album to get a single music. So I was paying (in USA prices) US$ 16,00 for a single track.

      I really don't mind paying $16 for a whole album is I want every single song on that album. I do mind, however, paying $16 for a single track, or even 2 or 3. (And Albums around here cost, taking in consideration both currency exchange and general cost of living, about $40).

      Would you, how are saying they are right that piracy is killing the business, pay US$ 40 for a single song ?

      I'm not even mentioning the fact that you would have to carry 100 or more CDs in your car to have the music you want, in the moment you want (instead of 1 or 2 MP3 CDs). And you can't even rip the CDs you legally own these days to listen in your car.

      The only full albums I've got in the last 5 years are oldies (Eagles, Bettles etc). Those are still worth it, since you can get a album where you are willing to pay, if not for all, for most of the tracks.

      Now, tell me again, how is killing the music business ?
      --
      morcego
    22. Re:a little anecdote... by NeutronCowboy · · Score: 5, Insightful

      Or it could be that the people who say "adapt or die" and those who say "outsourcing is wrong!" could be different people. And that the Slashdot community is not a hive-mind. Just a thought, you know.

      --
      Those who can, do. Those who can't, sue.
    23. Re:a little anecdote... by OakLEE · · Score: 4, Interesting

      I was not questioning the comments themselves. You are probably right, they are different people. What I was questioning was why the community as a whole (i.e., the comment moderation) has two completely inconsistent viewpoints on two very similar issues.

      --
      The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    24. Re:a little anecdote... by Watson+Ladd · · Score: 4, Insightful

      There is a big difference between a big company serving its educated customers better, and skilled engineers working for peanuts.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    25. Re:a little anecdote... by sjames · · Score: 4, Insightful

      The RIAA's killer is twofold. First, they failed utterly to fathom what was important to their customer. In an era where their customers were happily using lossy compression and cheap earbuds, the RIAA was spending huge wads to get just exactly "the sound" which was lost on their market. Let's face it, Britney's audience WILL NOT NOTICE that you used the nifty ribbon mikes from 1956 or that you spent $10,000 in studio time just to perfect the accoustics. If you just want to record like that, save it for a band that's more popular with audiophiles. All that expensive studio equipment and time (plus generous quantities of coke) costs money, so they raised prices.

      The second killer was the RIAA itself. They thought they could dictate preferences to their customers rather than the other way around. They didn't like the idea that they might actually have to give the talent a fair deal if/when they hit it big, so they pushed the interchangable pop-tarts instead. Not exactly the genre that calls for the ultimate in recording technology.

      Demand for music didn't go away, it just didn't exist at that pricepoint. Since supply of music at the appropriate pricepoint didn't exist, like any other underserved market, a black market sprung up. The RIAA now claims p2p is what's killing them. However, I'll bet that if they waved a magic wand and made it all go away, they wouldn't gain much. On the other hand if they would re-taylor their product to meet demand (scale back the big production costs for disposable albums and cut the retail price for example) the p2p would be largely irrelevant to their profits.

    26. Re:a little anecdote... by AeroIllini · · Score: 4, Insightful

      Let's face it, Britney's audience WILL NOT NOTICE that you used the nifty ribbon mikes from 1956 or that you spent $10,000 in studio time just to perfect the accoustics. They sure will. Without all that equipment, Britney sounds like a banshee in a blender.

      They spend all that money on equipment for exactly one reason: to manufacture talent. The record companies are no longer scouting for good bands who will make music people want to hear; that's been relegated to the indy labels. Instead, the RIAA chooses some jailbait pretty face who knows how to shake their hips and expose just the right bits of skin on camera, and then feeds them through all that fancy equipment to sample, clip, modulate, adjust, downmix, blur, airbrush, and edit them into a product. Then they mass market this product to the segment of the population that, while having the most disposable income and highest impulsive purchase rate, also is the most likely to pirate music: teenagers.

      The member companies of the RIAA are not distributors; they are factories. Of course, there are always a few artists who emerge unscathed and with their artistic integrity intact, but they are the special ones.

      The irony of all this is that if the RIAA companies simply did what we all expected them to do, i.e., scout and discover actual, honest-to-goodness good bands and help them sell records the market wants to buy in a way the market wants to buy them, they would be making more money than they know what to do with. But that's not "the way we've always done it," so first they are going to fight inevitability.
      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    27. Re:a little anecdote... by Lane.exe · · Score: 3, Funny

      My house is a pants-free zone. We don't believe in denim-based oppression.

      --
      IAALS.
  4. Threatening to sue, huh? by the_wishbone · · Score: 5, Insightful

    FTA:

    "Meanwhile, the recording industry association continues to give the impression that it's doing something by occasionally threatening to sue college students who share their record collections online. But apart from scaring the dickens out of a few dozen kids, that's just an amusing sideshow."

    Threatening to sue? Has the NY Times not noticed that they actually ARE suing a bunch of people? I think the amount of time and money that has been spent in courtrooms over actual lawsuits is a little more than "just an amusing sideshow."

    I dislike the RIAA as much as the next guy, but I just couldn't help noticing that this article downplays the RIAA lawsuits quite a bit...it's not like they're not doing anything, they're just doing the WRONG things.

  5. Hello, RIAA? by ackthpt · · Score: 5, Funny

    Hi, I'm looking for a song. I think it's called Ozymandias.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Hello, RIAA? by Andy_R · · Score: 5, Interesting

      That's a great example. "Ozymandias", CD only bonus track on the single "Dominion" by the Sisters of Mercy, rights owned by RIAA member Warner brothers.

      Not available on iTunes, the only way to get it is via a torrent, or by spending about $50 for the original 3" CD secondhand, $0 of that $50 goes to Warners, $0 to the artist.

      Have a pat on the back for a job well done, Warner Brothers, I'm sure your shareholders are proud of you.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    2. Re:Hello, RIAA? by Tackhead · · Score: 4, Insightful
      > That's a great example. "Ozymandias", CD only bonus track on the single "Dominion" by the Sisters of Mercy, rights owned by RIAA member Warner brothers.

      Someone up there made a point about "the guys with 3000 files on their iPod are the librarians of the early 21st century", and he's right.

      The people with 3000 files on their iPods viewed music as a valuable resource. Get that $18 LP or CD this year, because it won't be on the shelves in 5 years. Get that limited release LP or CD wherever you can, because only 500 were ever pressed. Play it once, record it to DAT, and because you'll never find another copy, put the original in a safe place, and listen to it from first-generation analog copy (or high-bitrate MP3, or lossless compression :) forever.

      Today's generation - raised under the RIAA-sponsored business models of "listen for 5 times then forget about it", or "listen to it until you upgrade to a new cellphone in 6 months", or "listen to it until you're tired of spending $15/month" - views music as an ephemeral good, a disposable commodity.

      RIAA's business model of music as an ephemeral commodity is good in the short term - keep 'em paying $0.99 for whatever's coming out of the sausage factory, or $15/month for listening to radio.

      But it's a disaster in the making for the long term. RIAA has made fortunes selling "Greatest Hits Of The Beatles" with every format change (LP, cassette, CD) and every discovery of a lost tape in some recording studio manager's attic. But you can only make those kinds of repeat sales to people who still want to listen to the Beatles 40 years later. How many of today's kids - raised on a diet of music as a disposable "listen-once-throw-in-trash-can" commodity - are going to be interested in "Britney: The Lost Tracks" from a bunch of .WAV files on a hard drive found in a surplus store in 2028, let alone "Titney's Pears, 2031 Edition" when he uses a sector editor to piece together a sixth track out of a FAT full of lost file chains?

  6. last.fm.. by Sri+Ramkrishna · · Score: 4, Insightful

    I don't know. Websites like last.fm which not only can expose you to unknown music but it can also tell you when they are coming to town, let you meet up with other people also attending the concert. Last.fm is what the record store used to be. Even though RIAA probably killed the industry, last.fm is showing how online music can be done and done correctly by keeping things open.

    On that note, I hope they don't get bought out by some record label. I think it is important that they use their market power and grow themselves into a force for change in the record industry similar to what Apple has been doing with iTunes.

    sri

  7. Shouldn't we blame the consumers? by RichPowers · · Score: 5, Funny

    After all, they're the ones who choose not to purchase music from record stores...

  8. Bullshit. by khasim · · Score: 4, Insightful

    "to all the people that download music, if you think you are only hurting big companies you are wrong. There are two working people with families who no longer have jobs because of music piracy."

    Bullshit.

    I do not own an iPod. I buy CD's. I rip the CD's and listen to them on my computer.

    But I rarely buy any newer artists. And as was mentioned in the article, I don't buy ANOTHER "greatest hits" collection CD. If I buy something now, it is probably directly from the artist or at a used CD store.

    There is too much crap and not enough substance coming from the RIAA now. They've done this to themselves. And it is the RIAA that is killing the smaller stores.
    1. Re:Bullshit. by StewedSquirrel · · Score: 4, Informative

      The RIAA only exists as a cooperative braindump of the largest labels.

      Labels such as Matador who actively refuse to be a part of the RIAA (and have gone to great lengths to show this) actually have strong sales growth.

      Surprised?

      heh

      Stew

      --
      There are 10 kinds of people in the world. Those who understand binary and those who don't.
  9. Are you sure? by pb · · Score: 4, Funny

    It's not every day that you see a NY Times piece use the word 'boneheadedness' to describe the strategy of an organization

    So you're saying that they don't write nearly enough about the Bush administration? Or Congress? Or the justice dept? (or government in general...)
    --
    pb Reply or e-mail; don't vaguely moderate.
  10. Re:As a record store owner by Anonymous Coward · · Score: 3, Informative
  11. The fear did more damage than the theft by poliopteragriseoapte · · Score: 5, Insightful

    I used to be a music lover - I still am, in a way. But 10 years ago, one of my standard weekend occupations was a trip to Tower Records. There, I would buy 5-6 CDs of classical music. I would listen to them all, return a couple of them or so (I often bought the same piece played by different interpreters / orchestras, returning interpretations I found less interesting), and get 5-6 more CDs, and so on and so forth, a visit every other weekend on average.

    Then came mp3's and copying. But I didn't do it. I liked having the albums - for some classical music, the booklet is interesting - and more than that, I didn't have the kind of time required to copy all the CDs I wanted to have. It was beautifully simple - buy, listen, return a few and buy many more. Money was not a problem, as I worked and I didn't have kids at the time. I didn't (and don't) have a TV - what harm there was in spending $40 / week for something I loved? It was below my threshold of attention.

    But then Tower started to decline returns. That very day, I stopped buying CDs, and in the intervening years, I must have bought 10 of them in total - mostly folkloristic music I bought while traveling. I simply could not put up with the idea of plunging $18 to try a new interpretation of a Missa by Bach - and not being able to return it if I didn't like it.

    So I stopped buying music altogether. I don't copy it either, because I still don't have a lot of time. Rather, other hobbies - digital photography, then kids, then other things still - gradually replaced the space music had in my life.

    It is sad, but I am still young, and who knows, perhaps I will live again through an era where I can easily browse through all the interpretations of the Zauberflute, listen to them, and buy them at top quality.

    So in my case, the music industry lost a customer, due purely to their fear of piracy.

    1. Re:The fear did more damage than the theft by poliopteragriseoapte · · Score: 5, Informative

      Not really. Kids, and less time, came later. I stopped buying because I was offended by the presumption that I was returning CDs after copying them. And I stopped buying because, for classical music, there is no very good way of deciding whether you really like an interpretation, except by listening to it from beginnig to end carefully. I did not want to feed a lottery $18 at a time.

  12. Radio killed the record industry by Marrow · · Score: 3, Insightful


    Radio stations were so bad for so long that people stopped
    listening to the -primary- venue for new groups and songs and
    just listened to the old stuff. People stopped getting excited
    about new groups and new alblums and stopped buying.

    And now Radio cant come back because the quality is so bad
    compared with what they are used to listening to now.

    1. Re:Radio killed the record industry by OldeTimeGeek · · Score: 5, Insightful
      No, radio stations don't suck because of the music that they play, they suck because they all play the same music.

      When I was a teenager, almost all of the radio stations in my area were independently owned. They didn't have playlists, didn't subscribe to programming services and didn't play the same music. In fact, you were actually pretty lucky to hear your favorite songs more than once a day. The DJ played what they liked or what they felt like playing. Which made for some very interesting listening, especially at night. I swear some of 'em put on Innagadadavida just so they could slip out for twenty minutes...

      I guess radio stations figured out that they were supposed to make money 'cause they started playing just the top 10, subscribing to programming services or sold out to big media companies. Things went downhill from there.

  13. Re:boneheadedness by Bluesman · · Score: 5, Insightful

    Almost all of the NY Times is an op-ed piece these days. They're just not all labeled as such.

    That said, this particular piece was excellent. Although a bit sad, it makes me hopeful that the 12 or so great musicians/bands of the last 40 years that were actually pushed by the major labels will still find fans online, and that the thousands of artist who are just as good but I've never heard of will be able to make a living that way too.

    And that I'll be able to find them much more easily.

    I think the end result will be that this is the best thing that could have happened to popular music. If you're not a 13 year old girl, or a 45 year old girl with the same taste in music that you had since you were 13, the RIAA companies produced very little of value to you anyway.

    Good riddance.

    --
    If moderation could change anything, it would be illegal.
  14. Re:As a record store owner by tgatliff · · Score: 5, Insightful

    As another business owner, I think I know one big reason why your business is failing... You also forgot who your customer is... What right do you have to tell that kid what he can and cant do because of a major flaw your industries business model? This kid is only doing what makes sense to most logically minded individuals that just paid >= $15 for an album. If your industry charged $2 for that album, do you honestly think that anyone would bother the pain of burning it?

    What your industry should have done is realised that the individual "value" of your product was going down and reduced your prices accordingly to compete. That is what the rest of us do. They didnt, because they (indluding you) forgot that you serve the customer music... You are not the gatekeeper of music.. Those days are over... The internet is not your competitor.

    Also, do not pitty me with your "loose the house" crap. As another business owner, I completely understand this risk, and it is part of being a business owner. It is not societies responsability to prop up a failing industry that is committing suicide. It is dieing and either you change with it or go broke. Oh, and I have a little advice for you since you dont seem to have gotten it yet... Get the heck out of selling music CDs... Close the doors, lick your wounds, and move on. No move or lawsuit is going to save you...

  15. Piracy? by Todd+Knarr · · Score: 4, Insightful

    When I hear people talk about piracy, I think about one thing from long ago. When MP3s were brand spanking new, you could find tons of pirate FTP sites and Usenet newsgroups carrying illegal rips of music. And then there was one site, MyMP3.com, that had a different policy: you could download songs only if you could prove you physically had a copy of the CD at hand (by providing a hash of actual data off the CD). Now, if you're trying to drive out piracy, which do you target: the tons of completely-illegal sites, or the one site trying to insure it doesn't hand out illegal copies?

    The RIAA threw all it's resources into driving MyMP3.com out of business, putting almost nothing into tracking down and eliminating the completely pirate sites.

  16. radio HYPED the record industry, sir. by swschrad · · Score: 4, Interesting

    back in the 20s and 30s, most labels would NOT license for broadcast, leading radio to set up their own studios, orchestras, and put out better stuff than the labels did.

    the record industry wised up, and started getting all cuddly with radio. which became its jukebox and top promoter. you know, "Now on The Big Zero, 86th caller wins free tickets to Screaming Babies in concert at the Echobowl, 86th caller, GO! With! The! ZERO!! -- here's Pap and the Droolers -- get Nulled!"

    here's a hint. those weren't row EE tickets bought that morning, no sir. they were front 5 row tickets the record companies reserved from sale for promotion purposes. you play enough Screaming Babies, you get the tickets and a box of free albums. give 'em out on air and at public events, push WZRO and the record, climb on the spiral and ride to the top of the charts....

    then the top 40 of the week on WZRO 860 became the top 20, and then the top 15, and another wave of "kill the payola" went through the bizz, and now it's all hate talkers on either end of the political spectrum spitting on the station down on the other end of the dial. "them silly Internets things" came along, and radio and physical records became almost irrelevant overnight.

    and this morning, there weren't any dinosaurs outside my door when I got up....

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  17. Re:It's not entirely the RIAA's fault by rhakka · · Score: 4, Insightful

    well, if there is no artificial scarcity, does that not, in effect, make us all 'richer'?

    for instance, if you could create food out of thin air, sure, you'd put farmers and grocery stores out of business. But, we could all eat, including those people who lost their farming jobs. so are we as a society richer or poorer then?

    Perhaps the only people making the designs would be people who care enough to do it whether they are paid or not. but if they can still eat and be sheltered and enjoy what they do... so what?

  18. Mods: GP Plaguerized. Parent links. by Ahnteis · · Score: 4, Informative

    The parent notes that the grandparent ("I am a record store owner blah blah blah") is just a copy-n-paste job . Which I suppose is oddly appropriate given the subject.

    (BTW, if original author is around, books are EASIER to transfer over the net -- but most people like the physical product because it offers added value over just the content.)

  19. This is a cluster phuck by TheGeneration · · Score: 5, Insightful

    That's what this whole situation is. It's all about greed.

    You have the RIAA releasing TERRIBLE full length albums while abandoning the single. You have radio operators like Clear Channel only providing space for 2 or 3 new songs on their national playlists, and demanding that those 2 or 3 new songs be songs that appeal to the target advertiser's say are the most important (13-25 year olds.) 13-25 year olds, not having a lot of money, opt to pirate the ONE song they like rather than pay $20 for a CD full of terrible music. And the circle is complete!

    And let's not even get to how the music, radio, and retailers are failing people over the age of 25. When the hell is the RIAA going to realize that if 13-25 year olds aren't going to BUY the music, they should start making music for the people who will shell out the money (ie, people over 25.)????

    --


    The Generation
    I'd say something witty here, but I'm not that bright.
  20. Bandwidth by Dobeln · · Score: 3, Interesting

    "Movie theaters and HDTV may be their only saviors, in that it takes enormous (by current measure) amounts of bandwidth and storage to copy a quality movie."

    100 mbit pipes are growing common in these parts - personally, I'm on a 24mbit pipe, and frequently get over 1/Mbyte (8mbit) per second download rates on the good DC++ hubs. The movie industry can't be resting easy here - they're next.

  21. CD prices and lousy A&R by Anonymous Coward · · Score: 3, Interesting

    IMHO, the reason the music business is failing is greed.

    Among other things, I'm an media producer. As such, I've had to get CD replication done for clients. Even small runs of CD's - we're talking 5000 and up - the cost for full replication, including artwork, shipping, printing, shrink-wrapping, etc runs well under 1.50 per disc. So the price point for CD's is just ludicrous.

    Combine that with the absolutely moronic state of A&R in the business, and you've got a recipe for failure.

    I'm also a musician. One who has his own album. And I couldn't afford to get mass replication, but I am replicating it on my own. And I'm charging folks just under 10 bucks for the CD, which has 19 tracks on it. When you do the math, that's a pretty decent deal.

    Lastly - I think we should be a bit cautious about tossing out the wheat with the chaff here. Just because you don't like every track on an album, doesn't mean it's not worth it in the long run to buy the album. Why? Because you are supporting the artist. Honestly, how many times have you bought an album on which you loved every single track? Me neither. But if the artist only gets the revenue from a single track, chances are they'll be working at Home Depot before too long. No one writes hits all the time, and part of supportin the arts is accepting that too.

    M.

  22. Sales are slumping... by dylanr · · Score: 3, Interesting
    The Dead Kennedys said it best back in 1985:

    Forget honesty
    Forget creativity
    The dumbest buy the mostest
    That's the name of the game

    But sales are slumping
    And no one will say why
    Could it be they put out one too many lousy records?!?
  23. my.mp3.com by Anonymous Coward · · Score: 3, Interesting

    Actually it was my.mp3.com :D

    You could also buy CDs from 3 different retailers (only 3 signed up before we got sacked).
    And INSTANTLY get access to the songs. Your cd would arrive days later. I had many an un-opened CD i purchased :D

    Here is a pic http://en.wikipedia.org/wiki/Image:Mymp3com_screen shot.jpg

    Thats my all legal (well i guess not after the ruling) music collection, i was a systems admin there.

  24. de-industrialisation of music is a Good Thing by myowntrueself · · Score: 5, Interesting

    Piracy is killing the music industry.

    The de-industrialisation of music?

    Sounds good to me.

    Industrialisation has caused so many problems for the world. Aside from the benefits of mass production of consumer items such as cars or refridgerators, industrialisation only brings dehumanisation.

    The industrialisation of warfare.

    The industrialisation of education.

    The industrialisation of music.

    All three have been distanced from reality; warfare has become so preposterously easy that nations walk into wars with their eyes shut and no idea what they are getting themselves into.

    Education has become a process of (attempted) mass production of nearly identical minds.

    Music? Music has become a process of mass production of bland repetitiveness.

    Will the likes of Britney or Metallica be able to survive in a post-industrial music world? I doubt it. And the music stores which pander to this kind of rigid, unimaginitive pap? I doubt it.

    There will be more live music and improvements in software and technologies which today contribute to 'piracy' will only help to return control over production to those who actually *create* music.

    Its becoming easier and easier for 'ordinary' musicians to produce and distribute for themselves; music becomes a 'cottage industry' again.

    Next on the de-industrialisation hit-list: education.

    --
    In the free world the media isn't government run; the government is media run.
    1. Re:de-industrialisation of music is a Good Thing by Brandybuck · · Score: 4, Insightful
      What has industrialization brought you?

      • Cheap computers, the internet, Slashdot, the ability to have millions of people hear your whine

      • Radios, televisions, iPods, and cellphones

      • Books. Cheap affordable books

      • Affordable and available medicine. MRI, ultrasounds, EEG, stents, bypass surgeries, artificial knees, safe childbirth, etc

      • Modern dentistry, healthy teeth

      • Cheap eyeglasses, hearing aids

      • Bicycles, automobiles, airplanes, and the ability to travel the world

      • Cheap clothing and shoes. Underwear affordable enough to wear a clean set every day

      • Central heating and air conditioning

      • The elimination of extreme poverty and destitution

      • The elimination of slavery


      And much much more. Industrialization has given us longer healthier and richer lives. It has made us, in real terms far wealthier than the kings of only a couple centuries past. Don't be blinded by a false nostalgia for the past. The lives of our ancestors were nasty, brutish and short.
      --
      Don't blame me, I didn't vote for either of them!
    2. Re:de-industrialisation of music is a Good Thing by myowntrueself · · Score: 3, Insightful

      What has industrialization brought you?

      Britney?

      Re-read my post.

      Industrialisation can be successfully applied to some areas of human endeavor (eg production of consumer goods), in other areas it is *obviously* mis-applied.

      Industrialisation may be good for some things but it is not a cure-all nor is it the best way to do *anything*.

      --
      In the free world the media isn't government run; the government is media run.
  25. Re:It's not entirely the RIAA's fault by Khaed · · Score: 3, Funny

    sex, respect, and power, which are all scarce as well.

    Sex isn't scarce.

    Sex with attractive people is.

  26. Talent and effort cannot be nano-replicated. by Mr2001 · · Score: 5, Insightful

    What is going to happen to our economy if we get to the point where you can build devices and even vehicles using some sort of nano replicator? Will we just tell the companies that make the designs to go fuck themselves, if they thing they should get any return on the design of a new ferrari, space ship, media player, etc.? No, what we'll do is switch to the kind of business model we should've been using all along: paying the designers directly for the time and effort they put into designing stuff.

    That is, the model under which a designer spends a year coming up with a new model of Ferrari, and later hopes to get paid for it by taking a cut of every Ferrari sold, will be superseded by one in which the designer advertises his services to Ferrari enthusiasts, collects a few bucks each (held in escrow) from thousands of individuals, and then releases his new design once he's collected enough money.

    A business model like that one cannot be undercut by new technology. Information can be copied, but labor and talent cannot. The artists' human effort is where the value in music ultimately comes from, and as long as there's demand for new music, there will be demand for musical talent. All they have to do is break themselves of the habit of thinking their job is to sell plastic discs, and realize that if they have talent, people will be willing to pay them directly for the time they spend writing and recording.

    It sounds like a big change, but really it's just bringing the music industry up to parity with, well, pretty much every other industry in the world, where if you want to make twice as much money, you either find someone to agree to pay you twice as much (before you do the work), or you do twice as much work. People in the music industry have gotten used to the idea that they can perform a finite amount of work, but keep extracting more and more money from it indefinitely - which is cushy, but not sustainable.

    There is no argument for it being a "human right" except in the most perverse, materialistic, greedy sort of way. Well, I suppose that's one way to look at it. But if you're looking at it that way, there's also no argument for any "human right" to use calculus, or the speed of light, or to include the word "perverse" in your post. You didn't invent that word, did you? Someone else did, and doesn't he deserve to get paid if you're deriving benefit from it? Quick, go find the heirs of the guy who first uttered that word, and cut him a fat royalty check!

    Get real. We as sentient beings do have the right to share information with each other, to use our minds, and to use technology to do what our minds cannot do alone. If you sing a song for me, I have the right to remember it, write it down, and sing it for someone else. You don't own those sound waves once they leave your mouth and enter my ears. You can't own a song any more than you can own a number. If you don't like the fact that people can share your songs once you sing them, then don't go around singing songs for free before anyone has agreed to pay you.
    --
    Visual IRC: Fast. Powerful. Free.
  27. Re:boneheadedness by fyngyrz · · Score: 5, Insightful
    That said, this particular piece was excellent.

    I disagree. The market changed. There's no guarantee that says people with middleman jobs (persons who try to add value by standing between the producer of a good or service and the consumer of that good or service) will have a job forever and a day, even if it seems likely to them. Markets change. People change. For many reasons, some of them you may be in sympathy with, some of them not.

    I used to run a web store, "The Martial Arts Bookstore." Very specialized. I added value by carefully categorizing the books, inventing a "virtual shelves" mechanism that fit the needs of the shoppers. I also did capsule reviews of each book (I'm a martial artist with dan ranking across several disciplines and a scholarly interest in all of them.) I wouldn't even carry the low quality books that plague martial arts; there are plenty that were very high quality indeed. Initially, it did very well. Then Amazon opened; they not only had oodles more purchasing power than I did, they were able to run at a loss for years; I couldn't possibly do that. So I ran a last fire sale (which didn't sell much either) and then closed the site. I wasn't angry, I didn't write a whiny letter to anyone, and in fact, I became a very good customer of Amazon. I moved on to something else that was more appropriate to the times, and I have no complaints at all. It was fun, it was interesting, and it wasn't permanent. I see nothing to bitch about in any of that.

    Things change. Accept it, move on, STFU.

    Music isn't dead, and it isn't going to die. Let's face it - as musicians, as listeners - the producers and consumers - we're going to be fine. As musicians, maybe we'll have to move to a different distribution model, and maybe it'll be different as to how one becomes top of the heap. It'll still depend on your music to some degree, though; maybe moreso. As consumers, maybe we'll have to use different skills to find stuff we like. Surely the radio hasn't been a good source for anything but the crassest pop and bottomfeeder "repeat it until it sucks" marketing mechanisms for years - personally, I look forward to changes in the landscape. As for the middlemen, things change. Maybe I'll have to close my music studio. No sign of that yet in terms of my customers, but OTOH, you can buy mixing and recording equipment for a fraction of what it used to cost, a rack-mount mastering unit that can really do a very good job... there are no guarantees, anywhere for middle people. Not in music, not in written material, and not in video. If you find a niche and you can make it work, my hat is off to you. If it stops working, though, it is you that needs to change - sniveling about how you thought you'd be able to "spend your life" doing something is just despicable.

    So that's why I'm not very impressed with the article.

    --
    I've fallen off your lawn, and I can't get up.
  28. It's not the RIAA, it's the record labels. by creed_nmd · · Score: 3, Insightful

    Let's be clear about this. We keep talking about the RIAA like they are the baddies. They aren't. They are a smoke screen. They are nothing more than a trade group that represent the record labels, who are the real guilty parties here. EMI, Sony BMG, Universal and Warner hide behind this RIAA label so that they distance themselves from the lawsuits, dumb-ass decisions, etc. Up-and-coming bands still sign every day to these labels because they don't realise that they are the puppeteers pulling the strings of the RIAA. The RIAA itself has not one single artist on its roster. It's classic misdirection. Let this RIAA 'persona' take the flack while the record companies themselves don't get tarred with the same brush. Until people stop talking about the RIAA and its deeds, and starting laying the blame at the record companies themselves, nothing will change.

  29. Re:As a record store owner by dhanes · · Score: 5, Funny

    I think the real question everyone wants to know is, who would pirate christian rock CDs?

    --
    Wait, What?
  30. Why I stopped going to record stores by spagthorpe · · Score: 3, Interesting

    I have no aversion to buying music. My entire life, I have spent many hours in record stores, and had over 1000 LPs at one time. Even once CDs became popular, I made the 90-minute trip each way to a Tower Records store, because they had the best selection around. Problem is, over time, my musical tastes changed, became more obscure, and the music became very difficult to find in retail stores. I had a small used shop near me with a knowledgeable employee on similar brainwaves as me, and through him I continued to fine tune my music. Later, I changed tracks again musically, but still wasn't going to find new stuff in stores. Online stores have all this. I don't need to re-purchase all my old ELP CDs, and there aren't any new ones coming out. The Sam GOody in the mall isn't going to carry a lot of Norwegian death metal either.

    Back when I first got on usenet around 90-91, and discovered progressive rock discussion groups, full of people with similar tastes in music, I was amazed. Now I could find out about things that I couldn't even buy. Tape trading was still popular among that crowd, as few of us could spend the $30 for a imported CD that you didn't even know if you liked. I did buy some that I really got into though, but it wasn't in B&M stores. Once the mp3s got going it was more of the same. I can guarantee that Napster got me to ultimatly purchase far more music than I would have otherwise, because I could find what I liked. I go to at least 20 shows a year as well, and continue to support my favorite bands. Often traveling to other countries to see them since they don't have much of a fan base in this country. Which kind of comes around to my main point. As my knowledge of the world grew, so did my music, and that purchasing could no longer be constrained to my local record store.

    I feel for the small B&M music stores, but just like hat makers, times are changing.

    --

    WWJD -- What Would Jimi Do?
    (Smash amp, burn guitar, take home the groupies)

  31. Re:As a record store owner by mikael · · Score: 4, Funny

    I think the real question everyone wants to know is, who would pirate christian rock CDs?

    Satanists. So they could can play the music backwards.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  32. Root Cause? by jordipg · · Score: 3, Interesting

    I think it's worth noting that one of the only reasons that this controversy began in the first place is that we are all accustomed to large amounts of money being associated with the music industry. Ironically, the biggest amounts of money are associated with a very small percentage of the performers, and definitely not with the best music. In other words, CD's cost so much because we don't bat an eye at the thought of millionaire rock stars, multi-million dollar live performances, and billion dollar companies behind it all.

    Of course, none of that is really necessary for the production and distribution of good music anymore. Just look at the proliferation of internet radio and things like Pandora.

    Compare the music industry with the writing industry. No one thinks about famous authors as millionaires. There isn't a very substantial book piracy industry (in the US, anyway) because people that want to read books don't usually hesitate to pay for them. It's much easier to steal from someone you think is very, very wealthy.

    I realize that not all of the cost of a given musical product goes to the performer; in fact, I've heard that only a very small percentage does. Nevertheless, the perception is that most of the money goes in the pockets of people who have more money than you do.

    Fortunately, the information superhighway has the potential to mitigate this effect entirely. Let us hope the RIAA and the CRB do not slam the door on that, too.

  33. Re:Where are the Shareholders? by fyngyrz · · Score: 4, Interesting

    I don't think there is anything that could be done to save brick and mortar record stores the NYT article was bitching about either, and that was really my point. It didn't have anything to do with the RIAA, really. The RIAA was fighting for its life, and that's to be expected. They're being stupid about it, we think, and that's because we've already abandoned the RIAA's business model - we do not think it is reasonable (and for the record, I think that is precisely correct.) The thing that has changed here was the ability to get a good digital single at 2am, seconds after you discover it. From Europe, if required. No brick and mortar store can compete with that.

    As far as DRM goes, that, I think, will be a drop in the bucket. I'll tell you why: Everything to do with music and video and book "formats" can trace its roots back to insufficient storage. Everyone was looking for compression. Preferably lossless, but lossy was OK too if it wasn't too onerous. Today, you can buy fast storage devices in the half terabyte range for a few hundred dollars, and there is every sign that this trend of more storage for less money will continue for a while. There's nothing stopping any musician from putting down music in uncompressed raw format and handing it out. There's nothing stopping us, as customers, from storing it. No "format" involved really, more like "lack of a format." We're not there yet for video, but I think we will be. There may yet be a few free compressed formats that we can use, too. Also, eventually patents will begin to run out; and finally, no one can tell me, as a musician, that I can't give my music away to you. There are other models besides I give you music, you give me money. I write a blog, for instance, and I make a decent amount from the google ads. You can read the blog for free. Maybe you'll click an ad, maybe you won't, but enough people do to keep me writing. I've even got some music on there. I despise DRM, but I rest content in the fairly certain presumption that it will die because it is stupid and because it has its roots in conditions that will not obtain for all that long.

    --
    I've fallen off your lawn, and I can't get up.
  34. Why would I pirate most of this crap anyway? by surrealestate · · Score: 5, Insightful

    The RIAA is really off base about piracy, when a major part of their decline is due to the demographic shift of the US population. The baby boomers are older, and have a disproportionate share of disposable income for entertainment. They tend to be less interested in video games, and not as interested in the fare which tends to dominate the movie theatres. In short, a wealthy group of people who grew up listening to music on the radio when there were fewer choices for their entertainment doller and inclined to choose it over most other forms of entertainment.

    So, what does the music industry offer this huge group of potential consumers?

    1) Music acts who have been marketed and chosen based on their appearance on videos rather than musical talent.

    2) Music acts consisting of people who are 18 to 24 years old. 30 year old musicians? Hell, they don't even play those on VH-1 any more. Oddly enough, musicians like Joan Baez, Ry Cooder, and others who were big in the 60s, when these baby boomers first started listening to the radio, can't even get arrested in the music industry.

    3) Music acts who are rehashing the same music baby boomers bought 30 years ago. Music trends are cyclical, and I've already got music from 3 discrete generations of bands that sound like the Stones.

    4) An opportunity to re-buy our record collections yet again. It's bad enough that the RIAA complained when we wanted to tape our vinyl LPs so we could listen on portable devices and our cars. No, they wanted to sell us cassettes. Then CDs.

    5) Reduced choice in an ever-expanding universe of choices. Catalogs are clogged with mediocre music, and the labels are simultaneously taking lots of things out of print. In the meantime, the digital world and business models like Amazon.com are trending towards the infinitely deep catalog, and the RIAA just doesn't get it. I understand that there isn't enough potential business to justify a CD re-pressing of the Fabulous Poodles record from 1980, that's probably at least $2000 in costs, plus the distribution, etc. However, encoding that record from the CD and distributing it digitally is probably less than $2 of labor. I guarantee they'd get a much higher return on investment than they get from letting it die.

    One of the quiet successes of iTunes is its deep catalog of jazz, classical and baby-boomer-friendly acts. For someone like me who is technically quite capable of encoding music from my old collection, but far too busy to bother, 99 cents is a very fair deal for the one song I recall from an old album. I buy new music, too, but so much of what is pushed by the major labels is just not even aimed at me.

    If the RIAA was actually courting customers rather than suing them, they would be much healthier. As it is, their pursuit of the shallow teen dollar is biting them in the ass as their audience continues to skew older. Meanwhile, the teens they are actively pursuing have a completely different outlook about their entertainment choices. Hell, who ever thought that a whole genre of music would ever appear based on cheesy videogame soundtracks from the 80s?

  35. Re:It is time for them to die anyway... by 808140 · · Score: 5, Interesting

    I lived in China from 2002 to 2006 and there, you have a completely different dynamic. Whereas in the US it's generally understood that copyright infringement is illegal and maybe even wrong, in China, there is absolutely no respect for copyright whatsoever. Large, legit companies offer mp3 search engines that directly link to popular music. The discman and walkman were never common in China -- the mp3 player is ubiquitous, and no one really buys music. Even if you wanted to buy a CD, finding a reputable vendor that isn't just selling you a pirated copy is difficult.

    So what's the deal? Why isn't the music industry dead in China, as so many analysts in the western world are predicting will happen here because of widespread "piracy"? Maybe they're just freeloading off of us? No, western music is not particularly popular in China. Much of their music comes from Taiwan and Hong Kong, but there's no respect for copyright law in those places, either. And the mainland market is growing, fast. A few years back one of the most popular songs ever on the mainland was a silly song some college kid recorded in their dorm and that spread on the internet like wildfire (Laoshu ai dami). So in a market where any artist can record their own song and make it big by word of mouth and "illegal" copying, what value-added services do the labels offer?

    The answer, simply, is fame. Nowadays, recording your own music and distributing it on-line is no longer difficult. Making it sound really good might be hard, but let's be honest: the top 40 hits aren't exactly classical music. They sound just about the same on shitty iPod earbuds as they do on a 20 thousand dollar audiophile setup. So, given how much you give up to have that producer do the recording for you, maybe signing with a label isn't such a great deal anymore.

    But the one thing a big label can give you is fame. Instant fame. If you want to be famous, if that's your goal -- and for many musicians, their goal is not so much making music as living like a rock star -- then the RIAA and its ilk can give that to you. In China, this seems to be their only purpose. They don't just make you into a famous musician, they make you into an idol. You sell products. You act in films. You go to fancy parties, appear on TV shows, you do all that stuff. All the bagua gossip magazines talk about you, all the kids want to either sleep with you or be you, depending on their gender. This is their value-added service: fame.

    That kid who did "Laoshu ai dami" -- I don't even know his name -- produced the most played song on the mainland (and in Taiwan, too, if memory serves) for like a two year period. His song was instantly covered by all sorts of label-sanctioned teen idols, who's versions went into heavy circulation. The kid, well, I don't know who he is or what became of him. That's the difference between having a label at your back and not.

    People will always want to be famous, and we unwashed masses will always want celebrities to gossip about, envy, and emulate. In a world like ours, becoming super-famous can be easy if the corporations are backing you, and without their help, it's nearly impossible to have sustainable fame.

    I don't see the labels and their ilk disappearing anytime soon. But like China, they may simply have to accept the fact that people are not going to stop copying music. Regardless of whether you think it's wrong or not, understand: it's not going to stop. Trying to keep it from happening is like passing prohibition, or trying to convince kids not to have premarital sex. You might win a few hearts and minds, but not enough to matter.

    The only answer is changing how your business model works, and what it emphasizes. Perhaps the Chinese model is worth a look.

  36. Re:A little rant... by billcopc · · Score: 3, Interesting

    You hit it right on the head. Music equipment has largely been displaced by "home theater" garbage, and by garbage I mean a 6 inch "sub"-woofer and five puny 6-watt "satellites" whose tone is about as steady as a knocked-up Britney Spears. You can't go to the local megastore and buy music speakers, they don't have them anymore. They have multi-element bullshit home theater speakers, and if you're lucky the 16 year old salesperson might be able to recommend a set that's semi-decent, but in most cases he'll push you onto whatever earns him the biggest commission.

    That leaves you with the specialty shops, where you add a zero to all the price tags. I've got a few stores down the street, they've been around for ages. They're quite spacious and breathy, in that there's plenty of empty space like it's a goddamned art gallery. The sales people wear Armani, and they talk with a stupid fake accent that's a hybrid of British, Ontarian (abooot) and ASSHOLE. The answer to any question about a certain product, is the next product up in price, kind of like Scientology.

    The funny thing is I've never seen anyone enter either store, which is kind of odd when the daily throughfare is around 125 thousand in this particular area. Maybe it's because the shops look so friggin' hostile that nobody dares enter, still they must catch a few rich suckers to keep the business afloat.

    I guess the point of my rant is that you can't point the blame on any single entity, whether it's the RIAA, or made-up Christian Rock peddling psychopaths, or the illiterate short-bus acts that dominate the charts, or the assholes that killed the stereo business, or the people who rip and share music online. It's either everyone's fault, or no one's (direct) fault. Every aspect of human life is changing at an ever-increasing pace, that's the product of population growth and technological advances. Businesses that flourished 20 years ago are going belly up because they've gone obsolete, the same as most of today's businesses will be dead in 2027. The RIAA can't stop the world from changing, they're just making this beachball a more miserable place to live on, and 20-40 years from now, when our grandchildren discover our old MP3 stash and ask about it, we'll have to tell them the sad tale of the music industry, much like our parents (or grandparents for some of you) told the story of Buddy Holly's tragic death.

    --
    -Billco, Fnarg.com
  37. Re:As a record store owner by DroppedPacket · · Score: 4, Insightful
    "is that people don't consider $15 a good deal for an hours worth of music." The truth is, most people don't spend an hour actually listening to an album. They put it on and do other things. It is background a lot of time. Now if I played that album 1 time for $15, I would have to compare that entertainment value to other forms of entertainment. I can go see a first run movie for just under $10 (SF Bay Area), so I get 15 minutes of mini-movies plus a feature length (90+ minutes) of entertainment at a price of $5/hour (figure about 2 hours of time for $10.)

    Of course that analogy is wrong because you can't play that movie over and over again unless you buy it for home use.

    Secondly, the argument "you've just gotten a great album you're going to be listening to for the rest of your life." is also not valid. Most albums I buy, I listen to 4-5 songs from for awhile, then they drift off, replaced by new songs. And who knows how long I will be able to play those songs from CD. At some point CDs will go the way of 8-track tapes.

    Insert obligatory comment about the RIAA being a bunch of mindless jerks who will be the first with their backs against the wall when the revolution comes...

    --
    I am not a resource! I am a free man!
  38. Re:Mods: GP Plaguerized. Parent links. by Anonymous Coward · · Score: 5, Interesting

    Little Background info on book piracy.

    Around 10-12 years ago i got into this as i was after a series of books by barry sadler that went out of publication in the 80s and i couldnt find them anywhere on the net or in shops to buy, not even to borrow from my library.

    So i join the bookz scene on undernet, looking around for them there and bingo they had just 1 but that was still 1 more then i was able to find anywhere else!

    I ask the regulars in the room for any help if they could suggest other places for me to try, none could suggest anything that i hadnt already tried though, but then about 3-4 days later, had a nice surprise, one of the regulars had remembered me asking for help while they were at there local library and did a quick look and found another one and had scanned it in for me, couldnt believe it in just under a week i had managed to find another 2 in the series!

    It then snowballed from there, other members then went out and found a couple more, one person even got one in a second hand shop and posted it to me to keep so long as i scanned it in.

    From here i listed all my books and offered em out for scanning as i had some rare and out of print books, and got a coule of hundred requests! luckily mostly for the same books, but damned if i didnt scan em all in though.

    anyway end of the boring background stuff of how i got into it.

    When #bookz was originally started it was just a place to trade rare and out of print books, but it snowballed from there with people asking for the latest books from places where they werent able to get it themselves, I.E. living overseas and couldnt get the book in english.

    Now adays though pretty much any new book out is available on the net within hours if you know where to look, but still i personally dont believe it has hurt the book industry as most people will realise that downloaded books are near useless (unless you can use the work printer on the sly), as it puts a hell of a strain on your eyes trying to read em, And upto a few years ago (havent check lately) there where no suitable portable devices that wouldnt kill your eyes staring at them reading for hours on end.

    I do remember when the 4th harry potter book came out though, a group of people all did the chapters individually and proofread just there own chapter, it took about an hour from it being released at midnight to being on the net.

    The average size of an ebook is about 100-200k so long as it doesnt have the covers, but even then thats about 500k with em, they are much easier to copy between people as most can download that in seconds.

    "Casca"

    P.s. posting AC for obvious reasons
    P.p.s please ignore all spelling and grammar errors as its half 2 in the morning for me

  39. Re:As a record store owner by RedWizzard · · Score: 4, Insightful

    What IS sad, however, is that people don't consider $15 a good deal for an hours worth of music. I think a big part of the reason for this is that it doesn't compare well to DVDs. Should I consider $15 dollars a good deal for an hour of music that cost $1M to produce when I can spend $20 for 2 hours of movie that cost $200M to produce? (Not that cost is any indication of quality.)

    The RIAA has conviently ignored the impact of DVDs. People spend a lot of money on DVDs, money that in many cases would have been spent on music if DVDs didn't exist. I suspect this is the most significant factor in the music industries declining fortunes, not piracy. People have X dollars to spend on entertainment and that money is being spent on different things than it was 10 years ago. DVDs and games are up, music is down.

  40. Re:As a record store owner by superiority · · Score: 5, Funny

    They don't play Christian rock backwards to hear hidden messages. They play Christian rock backwards to make it sound better.

  41. Re:As a record store owner by yog · · Score: 5, Interesting

    As a musician, I disagree. There's no law chiseled in stone that proclaims a musician's right to live off album sales. Musicians historically have lived by the largesse of wealthy patrons. Selling sheet music, performances, and recordings yield a certain level of income but for the average musician who is not a star, it needs to be supplemented by teaching, whoring (i.e., playing for weddings/birthdays/bar mitzvahs), building and repairing instruments, or a part- or full-time job washing dishes, working at a music store, etc.

    There's also no law that says a CD which cost about $0.50 to stamp out has to sell for $15. Cut the prices back to $5 or $8 per disk and you'll see sales go up. Record albums used to sell for $4 or $5 back in the day, then tapes came along and bumped the price up to about $10 or $12, and then CDs went through the roof. OK already, a CD *player* costs $20 so why are disks still so expensive?

    The amount of money musicians see from a CD sale is vanishingly small, especially when a middle man has done the production work. Do you honestly believe that out of that $15 (or $12 or $18) the musician is receiving more than $0.25 or $0.50? Typically not. If you self-produce, as less well-known musicians are forced to do, you have to front about $20,000 in studio time, design, copying and printing expenses, and it takes a long time to make that kind of money back from sales, let alone start to turn a profit. Disks are really a calling card, a way of getting your name out there and popularizing your music rather than some kind of bread-and-butter solid income that RIAA makes it out to be. Sure, a nationally known act with a dozen recordings out is going to be making some income from record sales but the lion's share is still going to the record producer.

    Because of this situation, I think it makes more sense to simply upload your music and get the public listening to it, then ask them to pay to hear you play live. People have demonstrated that they will pay for great music either live or recorded. There are people who were making thousands of dollars a month on mp3.com, though of course most of the musicians there were amateurs. Yet, mp3.com had an interesting business model and I'm very sorry it got bought out.

    The RIAA is living in a time warp. It's no longer possible to monopolize sound waves. Even twenty-five years ago, we used to constantly tape each other's records and tape albums played on the radio. No one was rich enough or crazy enough to purchase every single must-have album out there, though we all wanted to of course. Now we have a much better music delivery system that will very quickly get music out to millions of people all over the world--let's take advantage of it and the money will follow. Apple, CDBaby, mp3.com--they were thinking creatively and sooner or later a business model will emerge that leverages the current technology and gives musicians back some remuneration for their efforts.

    --
    it's = "it is"; its = possessive. E.g., it's flapping its wings.
  42. Re:Mods: GP Plaguerized. Parent links. by Maitri · · Score: 4, Informative

    There is a great article posted on Baen's site about media pirating. It basically says anything I could possibly say but better. It comments on how badly the situation has been handled, how most artists should love the free exposure, and also states that the consumer and tax dollar should not be responsible for the music industry. If you are interested, it is part of the Prime Palaver by Eric Flint. Go to http://www.baen.com/library/ and the link is on left side of page - the article is #11 in the series (dated 9/16/2002 which shows that this is no new thing).
    Incidentally - it is posted as part of the comments for their free library. That's right free. You don't even have to register. Is there anything better than a FREE BOOK? They have over 60 titles from some big name sci-fi and fantasy authors available to read online 'cause they practice what they preach. A perfect example of how giving people a chance to experiment with new authors (or musicians) will actually increase your sales.

  43. Re:As a record store owner by eldepeche · · Score: 3, Funny

    On a song from Information Society's album Don't Be Afraid (I think it was Seek300), there is backwards talking near the end of the song. I recorded it onto my computer and reversed it, and it said, "Obey your parents. Do your homework. Winners don't do drugs."

  44. Re:As a record store owner by maraist · · Score: 3, Interesting

    BTW, something that's often lost in /. discussions regarding music/movies: Just because you disagree with the price of something (especially something that you don't need!), doesn't give you the right to steal it.

    You're right except for 2 things.

    1) We're not talking about an individual stealing anything - though I'm sure a lot of us are haphazardly guilty - expecially during our poorer younger years. The issue is the invisible hand. The fact that the store left the back-door open and can't figure out how to put a lock on it means that there is plentify low-moral-cost availibility of a commodity good. Music, Musak, however you view the current pop-culture-in-a-box, has forced the industry to lower their commodity prices. The fact that they're now allowing us to purchase $1 songs (and especially now on itunes - the subset of a CD with no future risk) means that cost pressures are there.. That labels have to compete against the existing reality of their own short-sightedness. So $15 is no longer practical for a CD, the market won't bear it [for much longer].

    2) Copy-right violation is a legal term, and in that sense, as similar, but not identical to stealing. But there is no moral attachment to that particular law.. It's a purely commerce oriented legal artificat that both England and the US support. China isn't as big a supporter because it's currently to their benefit to allow copy-right theft to exist. But there is no fundamental moral dillema here. No more than having God-justice being applied to you if you use a button on a web-browser to purchase something in a single step (which violates the current suite of patents - unless that has changed, but was still in effect for some time). So please don't appeal to a higher sense of morality for a tertiary concept of commerce.

    --
    -Michael