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Sony BMG Dropping DRM

Lally Singh writes "BusinessWeek is reporting that Sony BMG is planning on dropping DRM from their music. Salon's Machinest had an interesting take on this; 'Actually, what's happened is quite ironic. It was the industry's own DRM mandates that tied many music-lovers in to Apple's music storefront (we all had iPods, and the only way to buy digital music for the iPod was from Apple). Now Apple's become too powerful for the labels. They need an alternative distribution channel — they want to get music to our iPods, but they don't want to go through Apple to do it. The only way to do that is to offer retailers like Amazon the chance to sell songs as plain, unrestricted MP3s, which are iPoddable.'"

295 comments

  1. this should be nice by yagu · · Score: 4, Insightful

    This should be a nice switch, I've already been purchasing from amazon's mp3 store and find the ergonomics, the quality, and price all to my liking. And, if I find something I really like I purchase the real deal, the CD. I for one welcome our former DRM overlords into the fold.

    This only widens and expands the music industry's audience, it is the logical conclusion to a stupid experiment. I suspect there are other efforts in the works to try and keep a grip on their "property", but this is yet another death knell to the music industry as they (the execs, etc) know/knew it. Wait until some breakthrough artist figures out they no longer need to be beholden to the record labels for their livelihoods.

    Now, if only we could see some of this sanity become contagious and spread into some of the other media. DRM is a pain and it's ineffective. Just 2 days ago I watched on DVD a movie still only in theater-release -- I won't say where (it wasn't at my house), and I won't say who (it wasn't someone I knew). I would never do this, but it's obvious DRM only makes life more difficult for the honest consumers. (Wasn't there an article recently here about someone's collection of media getting wrapped around the DRM axle because he bought a nice new monitor on which to watch his movies?)

    1. Re:this should be nice by LWATCDR · · Score: 3, Interesting

      So when will the drop DRM for video? When will I be able to rip a DVD in iTunes and put it on my iPod?
      One step at a time. This is a good step but not the last I hope.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:this should be nice by larry+bagina · · Score: 3, Informative

      rumor has it, iTunes will support DVD ripping (for 20th century FOX movies) as part of the FOX movie rental deal. It might be announced at MacWorld later this month.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:this should be nice by Anonymous Coward · · Score: 2, Insightful

      They had to do this. Working with MP3 files are so simple that anything with DRM is a hassle to work with. When its alo more work to pay for stuff that gives you problems, the simpe to use and free stuff is way to tempting.

      http://stld52.blogspot.com/2008/01/drm.html

    4. Re:this should be nice by theRiallatar · · Score: 1

      If it can decrypt CSS for 20th Century FOX DVDs, wouldn't it be able to do it for any other producer?

    5. Re:this should be nice by sm62704 · · Score: 5, Insightful

      I would never do this

      I would. I have no problem whatever making life miserable for thieves and miscreants like those bastards who run the entertainment industries.

      "The VCR is to Hollywood what Jack The Ripper was to women" -Jack Valenti, head of the MPAA when he made that stupid comment.

      Fuck 'em all. When they start running respectable businesses I'l respect their businesses.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    6. Re:this should be nice by Anonymous Coward · · Score: 0

      yes, but they may artificially restrict it to 20th century fox DVDs.

    7. Re:this should be nice by Anonymous Coward · · Score: 0

      Sure, as soon as the unofficial patch comes out that removes the check for FOX DVDs.

    8. Re:this should be nice by Anonymous Coward · · Score: 0

      Technically yes, legally no.

    9. Re:this should be nice by Bryansix · · Score: 1

      Wait until some breakthrough artist figures out they no longer need to be beholden to the record labels for their livelihoods.
      I just thought about this in reference to my friends band. They are good enough to be signed but have not been yet. They really don't need a record label for distribution. They do however need a company to promote them for a percentage of the profits. They advertise on Myspace and their own website and through purevolume and through word of mouth. Still, I'm sure nobody on here has heard of them.
    10. Re:this should be nice by Em+Adespoton · · Score: 4, Insightful

      Wait until some breakthrough artist figures out they no longer need to be beholden to the record labels for their livelihoods.

      Actually, artists have a limited choice -- the big this is: wait until some breakthrough recording studio figures out that they no longer need to be beholden to the record labels for their livelihoods. THEN we'll see a revolution in music distribution.

      Just imagine -- a recording studio that will give you access to high quality recording and post-production tools, AND will handle your international distribution and publicity, completely side-stepping the labels. There are a few mid-size indie labels that operate somewhat along these lines, but all you really need for music distribution are the artists, the performers (usually the artists, although studio musicians also play a part), the recording studios and a recognizable internet presence.

      Studios could even modify their recording contracts so that some of the costs to the artists would be offset by website advertising, and the studio takes a (small) cut of every song sold through their site. This gives the studio impetus for doing a good job on the post-production, but also lets artists eat the cost when necessary.
    11. Re:this should be nice by mrchaotica · · Score: 2, Informative

      If someone would be willing to use an "unauthorized" patch, then why don't they just use Handbrake now? It's no more illegal, and just as easy!

      --

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

    12. Re:this should be nice by rubah · · Score: 1

      Just 2 days ago I watched on DVD a movie still only in theater-release -- I won't say where (it wasn't at my house), and I won't say who (it wasn't someone I knew). So not only do you pirate movies and music, but you also pirate friendships and acquaintances!
    13. Re:this should be nice by Sancho · · Score: 2, Informative

      More likely, Fox will include "iTunes" versions of movies on their DVDs which can be imported. They'll probably use the same encryption that downloaded movies use to prevent them from being used in a non-authorized manner.

    14. Re:this should be nice by Anonymous Coward · · Score: 0

      Have you actually listened to them? The reason that no one has heard of them is because they suck. That was some of the most miserable shit I have ever heard. Try getting your head of your friend's shit tube and being a little more objective.

    15. Re:this should be nice by Bryansix · · Score: 1

      Music is subjective. You can be objective about their technical skills but whether you like them or not comes down to total subjective judgement. You want me to be objective but you didn't even give one objective criticism of their musical skills. I doubt you could come up with any. Your dislike simply comes down to taste.

    16. Re:this should be nice by somersault · · Score: 1

      Wait until some breakthrough artist figures out they no longer need to be beholden to the record labels for their livelihoods. Try Radiohead. They released their latest album for free online (with an option to pay), though I heard that most people paid either nothing or like 25p for it (I bought the full box set to try and show my support of what they were doing). They're releasing the album on CD but I think they'll still be doing things on their own rather than with a label.. good for them :) And the best thing of all is that it's a decent album ;)
      --
      which is totally what she said
    17. Re:this should be nice by somersault · · Score: 1

      Pah, I print out encrypted downloaded movies in ASCII form and use them as bedding for my pet rats all the time. They can't stop me, I tells you!

      --
      which is totally what she said
    18. Re:this should be nice by xystren · · Score: 1

      This is great, now if we can just get the MPAA onboard.

    19. Re:this should be nice by r0b!n · · Score: 0

      I would. I have no problem whatever making life miserable for thieves and miscreants like those bastards who run the entertainment industries. Training businesses to do the right thing is like training a dog. The positive reinforcement method has been time proven to be the best.

      If a dog shits on your carpet and you kick it, the dog will get confused and think you kicked it for shitting. If a dog shits outside and you reward it, the dog will understand and repeat that behaviour in the future.

      If a media company releases a product without DRM and you hand over your cash, the company will understand and repeat this behaviour. The shareholders will demand it.

    20. Re:this should be nice by ObsidianBlk · · Score: 1

      In my humble opinion, DRM is dieing because, while it has made it harder for someone to illegally use digitally downloaded music and movies, it has done nothing to prevent the illegal copying of the materials from legal hard copies.

      I experimented with the latest Harry Potter movie (which I own the DVD). The DVD contains a DRMed digital copy of the movie. Unless you own a player that can view that DRMed movie (which iPod and Zune cannot!) this digital copy is quite secure. After exploring for some DRM strippers I found that it's 50/50 when it comes to removing DRM and the hassle is beyond the average computer user. HOWEVER, doing a simple DVD rip with free software worked with no problems and I can now watch my copy of Harry Potter on my generic PMP device.

      The same holds true for music. In which case, all you need is person A to go and buy the legitimate CD, burn a copy for person B(which is a common practice) and person B puts in on a P2P service (knowingly or otherwise) and BOOM, you have a plethora of illegal copies of that CD.

      None of the methods in which media has been copied and illegally distributed has been stopped.
      In any case, now, like then, everything comes down to the fact that, when all is said and done, it's easier for the average person to simply go to their local music/movie store and buy a copy of the CD/DVD than it is to pirate. Not only is it easier, but you get all of that nice packaging that, frankly, looks better on display than an unorganized mass of burned media.

      DRM is to make the blameless feel guilty and for the guilty to simply laugh.
      DRM will die.

    21. Re:this should be nice by SuseLover · · Score: 1

      I just wish I could buy something that records OTA HD (not subscription based - aka TIVO). I don't care if it is HDD based or tape. All the HD dvr's I played with aren't really random access anyway, you still have to FFWD through the program anyhow and it is just as slow as a tape. BUT, there is no equipment I can but today to do this because the damn studio's don't want us to be able to do what we have been doing with SDTV and VCR's for many years. Now they have the tech to stop that and force us all to pay for the privilege of time-shifting OTA programming. I'm sick to death of sorting out which equipment allows displaying to an HD device without HDMI/HDCP. I just want to use component video, nice and simple. HDMI is the biggest scam I've ever seen.
      STUPID broadcast flag, and it isn't even mandated by law, yet! I love how PC Mag lists lack of HDCP support as a con when reviewing equipment. As far as I am concerned, HDCP support is not a pro, it is a con.

    22. Re:this should be nice by ghyd · · Score: 1

      Just imagine -- a recording studio that will give you access to high quality recording and post-production tools, AND will handle your international distribution and publicity, completely side-stepping the labels.
      You mean like great mics, a 01V, amps, a quiet place to record, ProTools/Cubase, like a Waves bundle ? then, you mean, like every band I know ? they'd sure be glad to pay big money for what they can already do. Because, audio quality wise, you can't tell the difference between their recordings and lots of what comes out of expensive studios. In fact, the quality is better than exopensive studios, because they have learned to not overproduce like most CDs are. Overproduced music I find it unbearable as a musician, it's tiring my brain too quickly. I really can't even listen to recently produced music: the ugly side effects of compression on each track including the master are unmissable. The loudness war is not a fun one and studios can't stop it: there's nothing the studio can do that your neighbor can't. So, they overdo. And boy it's ugly.

      Actually, artists have a limited choice -- the big this is: wait until some breakthrough recording studio figures out that they no longer need to be beholden to the record labels for their livelihoods. THEN we'll see a revolution in music distribution.
      Amiestreet, TheSixtyOne, Tunecore, Amazon Mp3. That's your revolution. It's the way by which I'll very probably earn my first music related income about this year. I suppose that the few dozen people who already showed support for some of my music on the other side of the internet tube are happy to discover music that would never have crossed the label barrier. Do I believe a recording studio to promote my music to more people and for less money than MySpace, Amiestreet, The Sixtyone, Tuncore, Amazon Mp3 ? how in hell would they do thatn invent a site that tramples all of the aforementioned so that they get some traffic ? no, since I don't imagine global audience music promoting websites popping like mad once the best coded and most practical of them have strengthened their postions; it's what is happening in this very day of January 2008 if you look at those websites page views for the last weeks.
    23. Re:this should be nice by spazdor · · Score: 1

      some breakthrough artist

      http://nin.com/
      --
      DRM: Terminator crops for your mind!
    24. Re:this should be nice by stefancaunter · · Score: 1

      Audio quality is irrelevant. People like songs, not audio quality. If anyone cared about audio quality we would not be having this conversation about a highly compressed inferior audio format that changed everything. If people like the song, they'll listen to it. Audio quality doesn't have anything to do with it. Having audio software and gear and wanting to get on stage and have fans and be rock, well that doesn't write the songs. In fact, those things actually detract from art. Great art, great songs, great film, greatness, comes from having something to say. To an audience. This world is full of musical instrument owners with beautiful equipment, who want to be heard, who want to play, who want an ego trip, but who have absolutely nothing to say, and probably couldn't write adequately, let alone beautifully, even if they did have something to say. And there are a few people who write great songs. And they have an audience. How they monetize that and make a living isn't interesting to me.

    25. Re:this should be nice by donscarletti · · Score: 1

      "The VCR is to Hollywood what Jack The Ripper was to women"
      Jack the Ripper only attacked prostitutes correct? That analogy may hold further than he realises.
      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    26. Re:this should be nice by sm62704 · · Score: 1

      Training businesses to do the right thing is like training a dog

      If my dog bites me I don't train it, I have it euthaniuzed. RIAA companies need to be taken to the vet and put down.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    27. Re:this should be nice by sm62704 · · Score: 1

      The VCR didn't kill anything; in fact, it made the hollywood whores a lot of cash! Now, there is an entity that IS to Hollywood what Jack the Ripper was to British whores - the slut who gives herself away because she likes sex. That slut is appropriately called "Star Wreck". I'm sure you've heard of it since you're here. If you haven't seen In The Pirkinning, do so, it's worth your while. It's well made and hilarious, and should have Hollywood shaking in its boots.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    28. Re:this should be nice by Anonymous Coward · · Score: 0

      IMHO music was the most important one to fall (HD-DVD/Blueray etc are also important, but I think music leads the way), because it is music that is most overpriced (see http://www.james-scott.co.uk/2008/01/07/the-end-of-digital-rights-management-drm-for-music/ for more background) and the best suited for downloading given the relatively low quantity of data involved. It is therefore the most prone to suffering from illegal peer to peer sharing, but also the best suited to legal online distribution.

      However, studios would not have let this happen without a couple of important factors acting in concert against them, namely:
      1) Fear of the growing power of Apple in digital music
      2) Competition with free downloading on illegal services (it seems that despite their earlier denials - http://www.techdirt.com/articles/20051202/0233234.shtml, it is possible to 'compete with free')

      Whatever the reason, it is great that there is finally some headway here, however no-one should be complacent. Video is the next big thing, and while I have more sympathy with the dynamics of the industry (greater up-front costs/higher risk of lossmaking venture, lower prices), one must not forget that this is just one battle.

  2. That crackling sound you hear.. by UberHoser · · Score: 1

    Is hell freezing over. Good thing I have my ice skates handy.

    --
    Guns are for wimps... Use a crossbow.. this way you can pin them to their chair when you go postal.
    1. Re:That crackling sound you hear.. by TaoPhoenix · · Score: 3, Funny

      This is THE company known for proprietary ways to do everything. Skies help them if they make an accidental mistake after their "intentional" ones.

      And what's with the timing? "We didn't want to ( ?? ) to Christmas sales, so we saved this announcement for the day people got back from vacation / finished inventory."

      P.s. Is there a rootkit in your skates?

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    2. Re:That crackling sound you hear.. by greg1104 · · Score: 5, Informative

      The change of heart only happening after Christmas may have been because the holiday sales of CDs this year sucked, down 20%.

    3. Re:That crackling sound you hear.. by Seumas · · Score: 1

      Too bad they're doing this about a decade too late. I don't buy music anymore unless it's directly from a band or some service that gives the band control and significant share of the profits. The big labels wasted any good will they could have had from my part. Good riddance.

    4. Re:That crackling sound you hear.. by sobachatina · · Score: 1

      I stopped buying media new to make sure none of my money goes towards supporting the problem.

      I buy music from Jonathan Coulton (and conceivably other independent artists if I ever found any others that I like). The old stuff- like Simon and Garfunkel or Jim Croce I buy used. The artists don't get any of that but Jim's dead anyway.

    5. Re:That crackling sound you hear.. by Anonymous Coward · · Score: 0

      the timing was probably their hint. mos likely some rich exec saying lets keep on w drm for xmas, the sales should be beter then.... dustball rolls across digital warehouse. now the grinch is gonna pinch some ivy leaguer's salary, and sony is changing its tune, with no sales of its own to speak of, they are crawling to amazon? so their revenue model is now the same as any other garage band? they are finished as a music label. couldn't have happened to a bunch of nicer guys

    6. Re:That crackling sound you hear.. by log1385 · · Score: 1

      I seriously doubt that the 20% drop is due entirely to DRM. Unfortunately, the average music consumer doesn't know or care about DRM. Even some of those who do care buy DRM music anyway (how else can people get some music legally?). The biggest reason for this is that it is a 20% drop in albums, not music. People are buying a lot more individual songs now than they did last year.

      --
      Seek and ye shall find.
    7. Re:That crackling sound you hear.. by Alpha830RulZ · · Score: 1

      My kids each received multiple Itunes Gift cards. In past years, they received Cds and guft certificates to Silver Platters/Tower Records.

      Cds are dead. The studios just don't realize it yet.

      --
      I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
    8. Re:That crackling sound you hear.. by Tim+C · · Score: 1

      You're right, it won't be because of DRM, it'll be because sales have shifted from physical albums to individual electronic songs.

      But the majority of those sales will be to people with iPods. If you want a song to play on an iPod, it pretty much has to either be protected AAC, or mp3. Apple aren't licensing their DRM to anyone, so that leaves non-DRM mp3. So if they want to cash in on that lucrative market, they're going to have to drop DRM and go with plain mp3s.

      Hence the about turn on DRM *is* due to a drop in CD sales, but that drop is *not* due to DRM.

    9. Re:That crackling sound you hear.. by causality · · Score: 1
      ...

      Apple aren't licensing their DRM to anyone, so that leaves non-DRM mp3

      ...

      Hence the about turn on DRM *is* due to a drop in CD sales, but that drop is *not* due to DRM.

      Or you could say that the about-face on DRM *is* because of DRM now that the company has a reason to care about interoperability. You know, as opposed to customers being the only ones to suffer because of incompatible proprietary standards. Interoperability is a good idea and proprietary DRM schemes cause incompatibilities by their very nature; it just required some market changes to convince Sony to embrace what has been obvious for some time now.

      This kind of hubris is what's really hurting the industry.
      --
      It is a miracle that curiosity survives formal education. - Einstein
  3. I Preferred the Root-Kit by Anonymous Coward · · Score: 5, Funny

    Back when Sony was putting root-kits in it's music CDs I felt justified in pirating their music.

    Now I just feel OK about it.

    1. Re:I Preferred the Root-Kit by Anonymous Coward · · Score: 0

      Back when Sony was putting root-kits in it's music CDs I felt justified in pirating their music.

      Now I just feel OK about it. Well, you know they WANT to put root-kits and
      other evils on our machines anyway. So even
      if they don't do it, they would if they could,
      and get away with it.

      So that should help you sleep better at night. :-)
  4. Powerful? by earlymon · · Score: 5, Insightful

    What does it mean, Apple's become too powerful, so Sony needs another distribution channel? Is Apple driving the prices up? Is Apple restricting Sony to only sell DRM'd music? Is Apple incapable of supporting non-DRM formats? Does Apple not reach sufficiently worldwide.

    Like a guy who's murdered his parents pleading mercy as an orphan - Sony pleading innocence over where they're at with ecommerce of their music.

    --
    Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    1. Re:Powerful? by Rene+S.+Hollan · · Score: 1

      I think the expression "hoist by his [i.e. Sony's] own petard" comes to mind.

      --
      In Liberty, Rene
    2. Re:Powerful? by Sciros · · Score: 2, Informative

      The article goes on to explain that this has to do with price control. As by far the leading distributor of online music, Apple can maintain a $.99 price point for all songs. The record labels want variable pricing (more than $.99 for some songs, presumably, and hopefully something like $.01 for things like Britney Spears's new crap but that's too optimistic) and by striking contracts with Amazon and other distributors they might be able to put some pressure on Apple in this regard.

      --
      I like basketball!!1!
    3. Re:Powerful? by jmauro · · Score: 2

      Apple is keeping prices down, even as the record companies other businesses are losing more and more money. The record labels want to raise the price and Apple told them no. The same issue is playing out in video, but Apple isn't as strong there the video content producers have decided to take their ball and go home for now.

    4. Re:Powerful? by ivan256 · · Score: 1, Insightful

      What does it mean, Apple's become too powerful, so Sony needs another distribution channel? Is Apple driving the prices up? Is Apple restricting Sony to only sell DRM'd music? Is Apple incapable of supporting non-DRM formats?


      None of your hypotheticals. It simply means that Apple wants too big a cut of the profit. Sony feels it can't make money selling downloads that don't work on iPod, and Apple has said that they need to either use no DRM, or give Apple a big check to use Apple's DRM. Otherwise no-iPods. Sony has chosen to ditch DRM rather than pay Apple. It has nothing to do with Apple restricting, or failing to be able to support anything.

      Whether this is what Apple intended or not, we should be thanking them for things like this.
    5. Re:Powerful? by tlhIngan · · Score: 5, Insightful

      What does it mean, Apple's become too powerful, so Sony needs another distribution channel? Is Apple driving the prices up? Is Apple restricting Sony to only sell DRM'd music? Is Apple incapable of supporting non-DRM formats? Does Apple not reach sufficiently worldwide.


      More like, "Apple won't bend over and cede to our demands!"

      Everyone knows that Apple has a standard iTunes contract. Now that iTunes has proven to be the #1 place to get music legally, and is something like #3 in marketshare for music, the labels are worried because Apple has this store that sells to the #1 music player, and no other store has that potential. Apple could very well dictate the terms, basically by saying "This is our offer. Take it or leave it." (whether that includes iTunesPlus or not... I don't know).

      Amazon opens up a store that's DRM free, and backed by a relatively large and well-known company.

      Labels have a choice - bend over and accept Apple's terms, and keep DRM, and be usable on the #1 music player. Option 2 - make their own terms with Napster/Zune/etc, keep DRM, but be usable on the small subset of players. Now with Amazon, option 3 is, negotiate with Amazon (they need music), drop DRM, and be usable on the #1 music player.

      Labels have decided that temporarily, dropping DRM is better than Apple's terms, and hope to make it such that instead of Apple dictating the terms to the labels, the labels will be in the power to dictate terms to Apple ("We have Amazon. We don't need iTunes") and hope that Apple rolls over.

      It's really a power play. The labels are afraid of having terms dictated to them, and see if they can make Amazon a powerful music store, that hopefully they can leverage Amazon against iTunes. If Amazon is too powerful, they can ditch Amazon for iTunes. But in the meantime, they know that by weakening iTunes, Apple won't be able to standard-contract them.

      And if Apple closes the iTunes store, they can ditch Amazon as well, and we'll be back at square 1. So closing shop isn't a real option, but having iTunes and Amazon compete for labels is.

      For the consumer, it's "ain't competition grand?" for now. Once Amazon saps some of iTunes' strength, they'll put back in their demands of "demand pricing" or whatever other crap they want, knowing Apple will want to compete with Amazon.

      Interesting play, interesting times. I say, enjoy it while it lasts...
    6. Re:Powerful? by bem · · Score: 1

      The record labels want variable pricing (more than $.99 for some songs, presumably, and hopefully something like $.01 for things like Britney Spears's new crap but that's too optimistic)

      No, optimistic would be $20 per track for Britney Spears, and real music for $.01. Use the obscene profits from the crap to fund real music.

    7. Re:Powerful? by larry+bagina · · Score: 2, Insightful

      the iTunes Music Store profit is negligible. The record label gets around 70% of the purchase price. The iPod is where the money is at., and Apple has (rightly) refused an RIAA tax on it.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    8. Re:Powerful? by earlymon · · Score: 4, Insightful

      Sorry, but Apple keeping prices down - on a breakthrough distribution method with a breakthrough product that expanded the market insanely - doesn't equate to Apple's fault that record companies are losing money.

      What do you suppose Sony's income would have been without Apple forcing them into a viable online marketing strategy in the first place?

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    9. Re:Powerful? by Have+Blue · · Score: 2, Interesting

      Too much of the world owns iPods. The iPod does not support any DRM system other than the one Apple controls. If Sony wants to sell music that these people can buy, they have 2 choices- release as a DRM-free format, or roll over and sell on the ITMS on Apple's terms. There are no alternate electronic music stores that can be used as leverage when negotiating with Apple, and there are no alternate playback platforms that would make cutting out the iPod audience a serious option.

      The music industry lost the chance to dictate the future direction of media formats because Apple has done it already. The only feasible ways to release electronic music now are the ITMS, plain MP3, and plain AAC.

    10. Re:Powerful? by flanksteak · · Score: 2, Insightful

      What does it mean, Apple's become too powerful, so Sony needs another distribution channel?

      Even if you're not currently getting screwed, it's usually not in your best interests to be dependent on a single distributor. FakeSteve summed it up nicely a while back.

      It's almost like iTunes is doing to the record companies what they've been doing to the artists and record stores for so long: maintaining vise-grip control of the channel. Only with iTunes, nobody else seemed to want it in the beginning.

    11. Re:Powerful? by RingDev · · Score: 1

      Unfortunately, I don't think that's accurate either. It'll be $20 for anything people want, and $1 for the stuff no one downloads anyways.

      Whether you are looking at a new spears album, classic Zeppelin, some up and coming rock band, what ever. If it's popular enough to have people trying to download it, they'll price it as high as the market will bear. If it's not popular enough for people to download, they'll price it higher than the market will bear.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    12. Re:Powerful? by Ohio+Calvinist · · Score: 1

      Sony wants to get broad exceptance but I've read elsewhere is unhappy at the .99 price tag across the board for their whole catalouge.

      I'm sure Sony would love to be able to charge more, and get their music on non-iPod services, and I think Amazon's reputation as being stable, reliable, not-going-to-fold-any-moment, relatively trustworthy vendor makes them a necessary evil for Sony, especially given the failure of their own music download service.

      Also remember than the PS3's media center or the PSP aren't going to be able to play FairPlay'd music files from Apple. They probably won't use PlaysForSure either because of their war with Microsoft. They could make a 3rd DRM format for their own players/consoles/computers, but then they lose the iPod. I think they're realizing that Sony BMG is hurting their other businesses to stop the inevitable.

      --
      Forgive my spelling from time to time. I'm often posting during short breaks.
    13. Re:Powerful? by earlymon · · Score: 0, Flamebait
      Hypotheticals? More like rhetoricals.

      Sony feels it can't make money selling downloads that don't work on iPod... Like what? Ogg Vorbis? From http://www.apple.com/ipodclassic/specs.html

      Audio formats supported: AAC (16 to 320 Kbps), Protected AAC (from iTunes Store), MP3 (16 to 320 Kbps), MP3 VBR, Audible (formats 2, 3, and 4), Apple Lossless, WAV, and AIFF I'd ask what you're talking about, but I don't think you know.
      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    14. Re:Powerful? by flanksteak · · Score: 4, Interesting

      With the rise of e-commerce and it's new sales methods, is there any reason not to think that a lot of shopping in the future will be like using eBay? Sports teams and event venues are already experimenting with it, since ticket brokers have shown that they can take more profit on popular events than the organizers themselves. Will we see this sort of thing for initial releases of future products? Say, instead of Nintendo doling out Wii consoles to retailers while supplies are short, hungry buyers bid on them directly from Nintendo?

      Apple's reluctance to allow variable pricing does seem weird. Why not do it? The only reason I can think of is the extreme price sensitivity of online shoppers. Even just a small increase in one song over another may result in increased piracy at the most or lowered customer satisfaction in the least, but who knows? It seems like such an easy thing to try out to determine the price elasticity of songs and videos based on their ever-changing popularity. Change prices each week based on ratings and expected purchase volumes. Even just a few cents change can add up.

      Actually, the whole thing is kinda scary and may be subject to price discrimination laws, but IA soo NAL.

    15. Re:Powerful? by peragrin · · Score: 2, Insightful

      Apple makes 9 cents a song. with that they have to pay the credit card company, pay for the bandwidth, storage, ripping costs.

      i would be surprised if apple has made 50 million dollar profit on the 3 billion plus songs sold. Amazon is one of the few who could compete on that level.

      --
      i thought once I was found, but it was only a dream.
    16. Re:Powerful? by filbranden · · Score: 1

      Dropping DRM is really great. I think that what Apple did, using its market power to turn the table on the record labels, game was just great! The big record labels will just continue suffering the consequences of their Holy Inquisition type of business model until they break.

      On the other hand, now that the record labels are going against Apple's power and using Amazon to try to fight against Apple monopoly on iTunes, the other evil player on this game is going to have to adapt as well. Now Apple will have to compete with Amazon's lower prices (and better service IMO!) and will have to innovate to keep its market share.

      Even then, they will probably lose their monopoly, the online music store market will probably end up having 3 or more big players, none of them with more than half the market share. And they will have to keep sweating to keep their market.

      In the end, I guess this is great news for us buyers! This is a great example of the market regulating itself.

      I just hope the same happens with DRM in video. But as we'll probably have some big players from the start (Netflix, Blockbuster), it's probably going the no-DRM way pretty soon.

    17. Re:Powerful? by mrchaotica · · Score: 1

      Labels have decided that temporarily, dropping DRM is better than Apple's terms, and hope to make it such that instead of Apple dictating the terms to the labels, the labels will be in the power to dictate terms to Apple ("We have Amazon. We don't need iTunes") and hope that Apple rolls over.

      And if Apple ever did roll over, these non-DRMd tracks would disappear faster than fried chicken at a weight loss clinic. Which is why I'll still recommend that anybody who wants digital music (personally, I don't -- if I buy music, I buy a CD) use iTunes Plus (but certainly not "Fairplay"-infected "normal" iTunes!) instead of Amazon.

      --

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

    18. Re:Powerful? by Phroggy · · Score: 1

      What does it mean, Apple's become too powerful, so Sony needs another distribution channel? Yes.

      Is Apple driving the prices up? Quite the opposite - Sony wants to drive prices up, and Apple won't let them.

      Is Apple restricting Sony to only sell DRM'd music? No, but the most popular portable digital music player won't play DRM'd music from anyone but Apple.

      Is Apple incapable of supporting non-DRM formats? Nope, EMI is selling non-DRM'd music through Apple. Apple would love for Sony to do the same.

      Does Apple not reach sufficiently worldwide. Not the issue either, although there are a lot of countries Apple doesn't reach.

      If you want to sell music through Apple, Apple sets the price. Those are the terms, take it or leave it, and because of Apple's monopoly position, Sony can't afford to leave it. Sony sees this as the only way to break Apple's monopoly.
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    19. Re:Powerful? by RingDev · · Score: 4, Interesting

      Such an idea would work if they were to create a limited supply of the content. That's why it works with venue tickets, hardware and the like. There is only so much available, so consumers compete for it. With digitally distributed content, there is no such limitation.

        Now if Amazon started a new program where they would only release x copies of a song a day at a starting bid of 1 dollar, and people had the option of bidding to try to get one that day, or to wait until the next day to bid. Yes, there might be a market for such thing. And prices would likely be high to start as everyone tries to get the latest greatest and they would tapper off as more and more of the demand is satisfied.

        But in reality, such a system would bomb horribly. People who are buying music online usually want to listen to that music right away, so having to bid and wait until the end of the bidding cycle to get the music would turn off a huge portion of your clientel. Not to mention that the purposeful limitation of content for which you are the soul distributor of when no limitation is required could lead to some form of legal liability or monopoly rulings.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    20. Re:Powerful? by STrinity · · Score: 1

      If the labels want to jack up the prices, why are they going through Amazon, which is generally cheaper than iTunes?

      --
      Les Miserables Volume 1 now up with my reading of
    21. Re:Powerful? by earlymon · · Score: 1

      The first question was NOT of the yes/no type. The other questions were rhetorical to illustrate the point. I disagree that Apple has a monopoly position, they have a hegemony - your point makes more sense with that substitution.

      You've made my point for me if we allow that substitution, but under that condition I would add that what Sony sees and what reality is, are two entirely different things.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    22. Re:Powerful? by STrinity · · Score: 1

      Sony feels it can't make money selling downloads that don't work on iPod...
      Like what? Ogg Vorbis?
      Like any other DRMed file format.
      --
      Les Miserables Volume 1 now up with my reading of
    23. Re:Powerful? by Anonymous Coward · · Score: 0

      Labels have a choice - bend over and accept Apple's terms, and keep DRM, and be usable on the #1 music player.


      Are you implying that Apple is the one that's forcing DRM for iTunes? If so, how would you explain the "plus" version where you can get music from EMI and various independent labels?
    24. Re:Powerful? by flanksteak · · Score: 1

      Such an idea would work if they were to create a limited supply of the content. That's why it works with venue tickets, hardware and the like. There is only so much available, so consumers compete for it. With digitally distributed content, there is no such limitation.

      True, but one can create the same effect of limited inventory with a higher price. A $500 widget that can be bought today is the same to me and the seller as a $100 one that's out of stock (or imaginary if I'm holding out for that price) if I only have $100 to spare. Inventory level is not the only thing that can influence sales volume.

      Given that Apple is the distributor, it would all depend on how much the players down the food chain get. If I have $10 I'm determined to spend and Apple is pricing songs at $0.50 or for $2.50, our exchange will be the same. I'm out $10, Apple is up $10, and the only mystery is how much the artist(s) and their business partners get. It's all about the demand curve and Apple's eventual profit and costs.

    25. Re:Powerful? by Ash+Vince · · Score: 1

      Is Apple driving the prices up? No, they are driving prices down. The studios did not want to charge 99c per song for the most popular artists, only for the people you had never heard of yet. For the most popular artists they wanted to charge a premium. Apple used their dominance to try and force a flat rate for all artists:

      http://www.businessweek.com/technology/content/sep2005/tc20050929_4235_tc056.htm
      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    26. Re:Powerful? by nine-times · · Score: 3, Interesting

      Labels have decided that temporarily, dropping DRM is better than Apple's terms...

      The odd thing is that when you read the executives of the big 4 complain about Apple, what you hear about is how Apple's DRM isn't strict enough and their prices are too low. So their solution, apparently, is to move to a company with no DRM and even lower prices.

      As a consumer, I'm not complaining. Still, it seems strange, and I haven't heard anyone come up with an explanation that satisfies my curiosity. What's the plan here? Run Apple out of the business? Then what?

    27. Re:Powerful? by realinvalidname · · Score: 1

      Sorry, but Apple keeping prices down - on a breakthrough distribution method with a breakthrough product that expanded the market insanely - doesn't equate to Apple's fault that record companies are losing money.

      Sure it does, because properly understood, the record companies are in the music distribution business, which is exactly what the iTunes Store is. Apple is literally beating them at their own game, and quickly proving the record companies irrelevant. Of course, releasing your music on your own website with a tip jar or some other revenue model (hello, Coldplay) might, in turn, prove iTunes irrelevant. As long as Apple's still selling iPods by the kajillion, I don't imagine they're too concerned.

    28. Re:Powerful? by Anonymous Coward · · Score: 0

      I don't think that was the implication. More like the labels now only have one way to keep their beloved DRM and still have access to the #1 MP3 player. But that means accepting iTunes pricing, which is unacceptable to them, so here we are.

      This is either dumb luck or evil genius on the part of Apple, who continues to cash in on iPods. And Jobs makes good on his letter calling for the death of DRM.

      Compare to Microsoft, who, despite its monopoly power, happily bends over for the media conglomerates - reference the Zune piracy tax and "protected paths" in Vista audio and video.

    29. Re:Powerful? by Adambomb · · Score: 1

      The iPod is where the money is at., and Apple has (rightly) refused an RIAA tax on it. Yeah, it takes a group as screwed up as the canadian government to come up with something like that.
      --
      Ice Cream has no bones.
    30. Re:Powerful? by Lars+T. · · Score: 1

      What does it mean, Apple's become too powerful, so Sony needs another distribution channel? Is Apple driving the prices up? Is Apple restricting Sony to only sell DRM'd music? Is Apple incapable of supporting non-DRM formats?


      None of your hypotheticals. It simply means that Apple wants too big a cut of the profit. Sony feels it can't make money selling downloads that don't work on iPod, and Apple has said that they need to either use no DRM, or give Apple a big check to use Apple's DRM. Otherwise no-iPods. Sony has chosen to ditch DRM rather than pay Apple. It has nothing to do with Apple restricting, or failing to be able to support anything.

      Whether this is what Apple intended or not, we should be thanking them for things like this. You know what's wrong with your theory? The fact that Sony didn't think they made too little money on the songs they sold via the iTMS when they still thought it would be a failure. IOW "Apple wants too big a cut of the profit" actually means "Apple profits - period".
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    31. Re:Powerful? by MMC+Monster · · Score: 1

      It would be interesting then if Amazon then decided to outsource their music store to Apple, wouldn't it? :-)

      --
      Help! I'm a slashdot refugee.
    32. Re:Powerful? by earlymon · · Score: 1

      Record companies distribute to iTMS as well as consumers, online, with a viable profit model?

      You're repeating the argument, as I see it - iTMS is limiting price, that how the record companies' online music stores are hurt (heck, even drop the online part, if you want to).

      That whole argument requires revisionist history, and I'm not having any part of it. Name one such distribution outlet that was successful before iTMS - there was nonesuch from any record company, period.

      So the whole argument comes down to, "Apple, using reality, is limiting the income for record companies in a fantasy-reality."

      Properly understood, my friend, projections do not sales make. Period.

      The record companies got it wrong before iTMS, they've gotten it wrong during iTMS, and any arguments that they're only prevented from getting it right in a post-iTMS world - where we remove that nasty, underpriced Apple hegemony - are downright hilarious.

      I repeat - Apple keeping prices down - on a breakthrough method with a breakthrough product that expanded the market insanely - doesn't equate to Apple's fault that record companies are losing money.

      I am enjoying the arguments, including an earlier accusation that I'm the one engaging in hypotheticals - but the arguments against what I'm saying are hyperbole, at the kindest.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    33. Re:Powerful? by IdeaMan · · Score: 1

      which you are the soul distributor of I got a chuckle out of that Freudian slip.

      --
      They ARE out to get you simply because They are in it for themselves and they don't care about you.
    34. Re:Powerful? by earlymon · · Score: 1

      So, by substitution, you're suggesting that the way I was supposed to read that sentence was:

      Sony feels it can't make money selling downloads, for example with any other DRMed file format, that don't work on an iPod, and Apple has said that they need to either use no DRM, or give Apple a big check to use Apple's DRM. Otherwise no-iPods.

      K.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    35. Re:Powerful? by RingDev · · Score: 1

      I got a chuckle out of that too, thanks for pointing it out. What can I say, it's friday ;)

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    36. Re:Powerful? by earlymon · · Score: 1

      As you'll note in a post elsewhere in this thread, I pointed out that Apple said 11 months ago that there were three main DRM'd methods for three main vendors - Apple, Sony, and Microsoft.

      Sony had the chance to sell music on a superior player with a superior marketing channel and failed to build either of the two. Apple's player and channel gained greater mindshare and marketshare because they were superior.

      So, please, no "poor Sony" remarks. If Sony wants to sell music their strategy should be to provide superior music, with superior encoding, at prices fair to the market. But no crocodile tears because Sony is limited to what Apple supports if they want to operate on Apple players (iPods). Apple embraced many record companies, Sony their own alone.

      I'm not embracing any part of Sony being the victim here.

      Let's face it - how many of us rely on the iTMS? I'd bet not many. The problem isn't that Apple is too powerful, it's that Sony was pathetically weak in each and every facet of this market.

      My turn to engage in seering - Sony sees X revenue from Y sales at iTMS, decides if they increase unit price, they'll make more money (for some here, "stop losing money") - so if we double unit revenue, then Sony would see 2X revenue from Y sales.

      The demand curve is dictated by price, product, promotion and the marketing avenue - those are textbook givens. Demand will not stay constant by increasing the first weighted factor - price, nor will revenue logically increase by going to a less preferred product (iPod) and having to relaunch a marketing avenue (Sony direct sales vs. iTMS) when that marketing avenue has egg all over its face.

      The industry hasn't lost the chance to dictate future direction of media by any means. But I remind you that the iPod came first, embracing popular formats of the day, iTMS came later.

      I find the Sirius TV ads specious at best, but on face value, there's a vendor trying to offer an alternative package to the iPod that at least makes sense for a business model.

      And maybe that makes my point more clearly - business is like a long-distance race. You don't win it by looking at the field of runners, you win it by visualizing yourself 2 paces in front of you, and trying to catch THAT bastard.

      Sony is suffering revenue because of Apple's power. Apple has power because they have a sensible business plan backed up by solid products. Sony lacks a sensible business plan and matching solid products, so they have no power. it's not Apple's fault that their eating Sony's lunch - if your argument were in any correct, which I still maintain that it's not - it's more of a wonder that Apple is the only one in the business with a freaking brain acting like business school mattered.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    37. Re:Powerful? by fermion · · Score: 1
      If the labels are losing money, it is because they are not managing their business properly. From what I read and remember, sales figures have been down ever since the labels began giving MTV a hard time. From what I have read, more people are buying music now, probably due to the fact that entry level is now $1 instead of $20.

      One cannot run a business in that la la fantasy land of suing people until they buy the product. A business must be run on a realistic expectation of the demand at a certain price level, and then expenses must be structured accordingly. If a business loses money, in a capitalistic society that is the fault of the business, not the consumer. A capitalist is rewarded for taking risks and filling demand, not for crying to the government for a bailout.

      What Apple has done is, in exchange for internalizing all distribution costs, i.e. the label is not responsible for packaging, delivery, or returns, was ask for a simple price structure that could be easily implemented and understood. The music industry did not understand it because, as the parent stated, they are so inefficient that even when sales are good they cannot make any money. The labels could have taken on those costs of distribution, could have sold DRM free music, could have supplied a product to meet the demand, but instead they decided to run to the government for help.

      As far as keeping prices low, I hardly see that is the case. The labels are getting huge amounts of money per track. The labels are purportedly charging artists for returns and defective merchandise that does not exist. One might think, again, that if the price that apple charges was really an issue, we would see a greater selection on Amazon. in fact the price deflation in music occurred before the ITMS existing. It has to do with the loss of a price fixing case, and the growth of Wal Mart as the major seller of music, and the resulting negotiations of rock bottom prices.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    38. Re:Powerful? by entropys_cbn_dbt · · Score: 1

      I suspect the idea is to use short term discounting at amazon to erode the ITMS market share. Once amazon has a significant slab of the market, the record companies would only release new songs exclusively on amazon at a higher price. ITMS would eventually become the repository for the old stuff, little more than an archive, and the new stuff only gets released on amazon at a higher price. This scenario would continue until Jobs gives in and agrees to higher prices on ITMS. This whole situation is only possible because a digital song is not a finite good.

    39. Re:Powerful? by petermgreen · · Score: 1

      What does it mean, Apple's become too powerful
      With itunes it is (or at least was until recently) apples way or the highway, apple knew they could get away with that because apple are the only way to sell DRM'd music to iPod users and at the time the music industry were rabidly agains the idea of non drm online sales.

      The music buisness would love to be able to vary the price per song depending on what the song is and to be able to squeeze the online retailers margins down. They can only do that if there is meaningfull competition in the online music retail buisness and the only way to create meaningfull competition in that buisness is to allow sales without DRM. Slowly the big record companies are coming round to the point of view that competition in the online music retail marketplace is more important to them than DRM.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    40. Re:Powerful? by CronoCloud · · Score: 1

      Also remember than the PS3's media center or the PSP aren't going to be able to play FairPlay'd music files from Apple. They probably won't use PlaysForSure either because of their war with Microsoft. They could make a 3rd DRM format for their own players/consoles/computers, but then they lose the iPod. I think they're realizing that Sony BMG is hurting their other businesses to stop the inevitable.


      They did have their own DRM format, the Magicgate protected version of ATRAC, which they just recently they announced they're dropping.

      This decision is probably due to Sony Hardwarefoo finally laying the smackdown on Sony Mediafoo and telling them what to do, rather than the other way around. This also probably explains certain other things happening:

      The addition of AAC and WMA support on the PSP (PS3 too)

      The fact that the PS3's default ripping format for audio Cd's is not ATRAC but AAC.
  5. Just distribute via memory stick by ThreeGigs · · Score: 1

    Hopefully the industry will learn a broader lesson about proprietary formats, including physical ones.

  6. thanks Apple! by larry+bagina · · Score: 2, Insightful

    Apple convinced them to sell per-song downloads, then got so successful at it the big record labels had to abandon DRM to spite them.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

    1. Re:thanks Apple! by TaoPhoenix · · Score: 1

      I want to see a leaked Apple memo from their early strategic planning. If Steve Jobs had this all mapped in 2001 and then Fausted the labels, I think some quarter's "miscellaneous earnings" would see a chunk of change if they sold the memo on ebay.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  7. serves them right by circletimessquare · · Score: 5, Insightful

    they could have built their own portals in 1999. they didn't. they filed lawsuits against soccer moms and college kids instead

    apple came, gave college kids what they wanted many years later, and so the big publishers, by denying reality of the changing business they were in, effectively handed apple all of the power they previously had, and could have retained

    they screwed themselves

    no sympathy

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  8. See? No Monopoly by cmholm · · Score: 2, Insightful

    This plainly shows what was obvious to those who wanted to look, that any monopoly Apple has on electronic music sales is because the record labels chose to give them one. Since they seem to be having second thoughts about that choice, they are looking at an alternative: selling straight mp3 downloads.

    If Apple ever locked down the iTunes application so that users couldn't import mp3s, then we'd have a reason to whine. But, there would still be Sandisk and the rest, as well as places to buy music for them. Choices still! Imagine that.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
    1. Re:See? No Monopoly by earlymon · · Score: 1

      Yep - not a monopoly.

      But it is a hegemony and that's Sony's bitch, because they want to be.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    2. Re:See? No Monopoly by CrackedButter · · Score: 1

      Please understand what a monopoly is first before using that word in a sentence.

  9. schweet by blhack · · Score: 1

    What I find ironic is that the very thing that some of us were complaining about (iTunes DRM) might end up being the very thing that saves us in the end.

    Well played itunes, well played.

    --
    NewslilySocial News. No lolcats allowed.
  10. They're a few years too damned late by sm62704 · · Score: 2, Interesting

    I was hit by the Sony Trojan when my daughter played a BMG title she'd bought from the music store she worked at at the time (she manages a Gamestop now).

    I'll never EVER buy a Sony ANYTHING again, and the only way I'll get a Sony-BMG CD is used. And the only way I'll download any BMG artist is from P2P "piracy". That God damned rootkit was a damned stupid move. Someone should have gone to prison for it. If I rooted their computers I'd be with Linda; well, actually not since Dwight is a maximum security women's prison, but I'd be behind bars.

    And all she did was have some dope on her, she didn't hurt anyone, threaten anyone, or cost anyone any money.

    If you own Sony stock, please do me a favor and sell it. Sony is EVIL in all capital letters.

    -mcgrew

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:They're a few years too damned late by Anonymous Coward · · Score: 0

      Why, oh why oh why oh why did you leave autoplay on?
      Would you run an exe file sent to you in an email? no? What about the setup.exe on that CD you've just put in the tray, or the USB card you've just inserted?

      Biggest security risk ever.

    2. Re:They're a few years too damned late by mrchaotica · · Score: 1

      Autoplay does not absolve Sony of any blame. It only creates additional blame to be levied at Microsoft.

      --

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

    3. Re:They're a few years too damned late by Anonymous Coward · · Score: 0, Flamebait

      Erm, managing a gamestop is like being a stripper: if your daughter has to resort to that, you done fucked up as a father.

    4. Re:They're a few years too damned late by Joe+Jay+Bee · · Score: 1

      No, Microsoft is not to be blamed for Sony blatantly abusing what a large number of people consider a useful feature. Sony should, however, be invited to fuck themselves with a pineapple.

    5. Re:They're a few years too damned late by sconeu · · Score: 1

      [AOL] Me Too! [/AOL]

      The other day, I was just explaining to my wife why I won't even look at a Sony this summer, when we have to buy our daughter a laptop for college.

      The explanation was simple. "I'm boycotting Sony. Remember last year when I told the girls to check with me before playing any CDs on their computer? That was because of Sony."

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    6. Re:They're a few years too damned late by Anonymous Coward · · Score: 0

      Uh.. wow?

      I mean, WoW. You know, lots of companies are doing insidious things on your computers. Most music companies also have non-standard CDs. Blizzard's World of Warcraft installs monitors and phones home. Microsoft's OS installs updates without telling you and God knows what else. Pretty much all PC games have some sort of insidious copyright protection.

      Why don't you vent against the state of DRM? Against proprietary software? Sell all of your stock. Move your banking assets into gold bricks! Because any bank you put your money in is investing it in worse companies than Sony.

      Or are you just an anti-Sony only astroturfer?

    7. Re:They're a few years too damned late by Anonymous Coward · · Score: 0

      Those examples all have EULAs that explain, if you bother to read them, what they do to your computer.

      Sony shipped undocumented software on audio CDs that would have landed you or me in prison if we'd distributed it.

      See the difference?

    8. Re:They're a few years too damned late by sm62704 · · Score: 1

      I didn't. My daughter trusted the people who supplied the goods her employer was selling and ran the program manually, hoping for the "extras" (she knew my Offspring CD among others had videos).

      She didn't think for a moment (and truthfully neither did I) that any reputable company would ever put a rootkit on a CD, let alone a music CD.

      They're no longer reputable, the rootkit took care of that.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    9. Re:They're a few years too damned late by sm62704 · · Score: 1

      She's only 20 and you're an idiot.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    10. Re:They're a few years too damned late by sm62704 · · Score: 1

      Blizzard's World of Warcraft installs monitors and phones home

      I don't run WoW. Now that you 've pointed that it does this evil shit I surely won't.

      Microsoft's OS installs updates without telling you and God knows what else.

      Which is one reason my machine is dual-boot and I've disabled networking on the Windows side. If you've seen many of my comments at slashdot you know I'm no fan of Microsoft.

      Pretty much all PC games have some sort of insidious copyright protection

      I haven't been into PC gaming for quite some time, and this is one reason why.

      Why don't you vent against the state of DRM?

      I vent against DRM's very existance. More than that, I ridicule it and the morons who believe in it.

      Against proprietary software?

      I have nothing against proprietary software. I do have lots against much proprietary software if it's poorly designed, buggy, and I'm forced to use it (like, say, the Microsoft crap I have to use at work).

      Or are you just an anti-Sony only astroturfer?

      Sony's evil shit affected ME PERSONALLY. Any other company tha fucke me over like they did will get the same treatment.

      And BTW, Mr. Anonymous Sony executive, YOU are the astroturfer. "Astroturf" is fake grass; an "astroturfer" is a company employee touting that company's wares, or defending that company while pretending to be its customer; a shill. My employer is not Sony's competetitor, and I keep my employer's business out of slashdot discussions and journals anyway.

      And unlike you, Mr Asstroturf, I am not anonymous. The only three reasons I can think of that you would want to make that post snonymously when you obviously have a user account (you should have checked the "no karma bonus box, your "score 1 gave you away) is you fear that slashdotters in general know that Sony is evil; I'm not the only one that God damned roiotkit bit, or you work for them, or you're just trolling.

      Shame on you, whichever of the three it is.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  11. Fucked by their own dick.. by db32 · · Score: 3, Insightful

    Is anyone surprised at this? Let us examine the Sony portfolio of media...

    Betamax - fucked themselves - now deal with VHS gear
    Minidisc - fucked themselves - now deal with CDs
    Memory Stick - fucking crap - everyone else deals with SD, waiting for them to realize they are fucking themselves
    Blueray - nothing exciting - everyone is still basically on DVDs with no incentive to change

    Now we can add

    DRM digial music - fucked themselves - now drop DRM to sell more.

    --
    The only change I can believe in is what I find in my couch cushions.
    1. Re:Fucked by their own dick.. by UnknownSoldier · · Score: 0

      Mod parent up informative.

    2. Re:Fucked by their own dick.. by mce · · Score: 1

      With respect to Blu-Ray, you've just been slightly overruled (see http://www.bloomberg.com/apps/news?pid=20601109&sid=a1CPtUYPjrBQ). As long as nobody knows who'll win the "battle of the DVDs", there's no incentive to switch to either, as neither of them is so superior as to make it a no-brainer for masses of end-users. But once either Blu-Ray or HD DVD has won - be it on technical grounds or on purely commercial and power ones - the winner will start to push the good old traditional DVD out of the market. My bet is on Blu-Ray.

    3. Re:Fucked by their own dick.. by mrchaotica · · Score: 2, Informative

      Memory Stick - fucking crap

      Yep. Memory Stick is why I wouldn't buy Sony electronics before the rootkit/DRM/etc.; the rootkit/DRM/etc. is why I'll continue to boycott them even for products that don't have Memory Stick readers.

      --

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

    4. Re:Fucked by their own dick.. by Jugalator · · Score: 1

      Blueray - nothing exciting - everyone is still basically on DVDs with no incentive to change Blu-ray is clearly the dominating format and in at least my (and quite a few others I've heard) case hampered in adoption primarly from the uncertain format war. If HD-DVD would only die, and the discs were slightly cheaper, I'd go Blu-ray.
      --
      Beware: In C++, your friends can see your privates!
    5. Re:Fucked by their own dick.. by hibiki_r · · Score: 1

      Of course, there's the small matter of discs being twice as expensive as normal DVDs, which might make the adoption rate of Blu-Ray over the 'good enough' DVDs be properly described as glacial.

    6. Re:Fucked by their own dick.. by lsolano · · Score: 0

      Agree. Blu-ray is definitely winning the HD battle, mostly because Sony did something I consider intelligent: every PS3 plays Blu-ray discs.

    7. Re:Fucked by their own dick.. by db32 · · Score: 1

      From what I have read the biggest killer of the Blu-ray/HDDVD thing is the fact that DVDs are enough for most people. People that don't want to spend a god damned fortune on a new TV, new player, and replace their entire movie collection. You know...basically the same thing that killed Betamax. It was technically a better format, but the cost of being proprietary murdered it. The "good enough" VHS murdered them on availability and price.

      Blu-ray is only the dominating format when compared to HDDVD alone, throw in DVD and VHS and not so much domination.

      --
      The only change I can believe in is what I find in my couch cushions.
    8. Re:Fucked by their own dick.. by Boycott+BMG · · Score: 1

      You are confusing Sony with Sony/BMG. I know, they both have Sony in their name. But one is a spinoff of the other one. Sony/BMG is a spinoff of Sony and Bertelsmann, hence (B)ertelsmann (M)usic (G)roup. Sony/BMG is a separate company partly owned by Sony, just like Sony-Ericsson is a separate company owned by Sony and Ericsson. In addition, the executives who made the decisions, and who are responsible for the rootkit, mostly came from the BMG side.

    9. Re:Fucked by their own dick.. by Anonymous Coward · · Score: 0

      Are you willing to throw ($15 to $20 * number of discs purchased) in the trash if you are wrong and HD-DVD wins? If not then regular old DVDs, which are 720x480 anyway, are the best bet.

    10. Re:Fucked by their own dick.. by sbb · · Score: 1

      don't forget... UMD. They tried making that the new great movie disc format. Glad that effort died a horrible death.

    11. Re:Fucked by their own dick.. by Anonymous Coward · · Score: 0

      and don't forget Bleem. Bleem dramatically increased consumer confidence with their video game investment. I bought hundreds of games as result. Sony's completely unjustified legal attacks made sure I never bought a PS2 or PS3 though.

  12. This is why by Phroggy · · Score: 1

    This is why Apple wouldn't license their FairPlay DRM to competitors. Kudos to Steve Jobs for pulling this off. He's always said from the beginning that DRM is a bad idea.

    How will this impact Apple? Sales through the iTunes Store may dwindle a little, but sales of iPods will continue to climb.

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  13. Success! by Anonymous Coward · · Score: 0

    We have secured the enemy intelligence!

  14. RIAA by wandazulu · · Score: 1

    So if Sony is the last holdout in the DRM space, what's the point of the RIAA again?

    1. Re:RIAA by STrinity · · Score: 1

      They'll sue Sony for making unauthorized copies of their CDs.

      --
      Les Miserables Volume 1 now up with my reading of
    2. Re:RIAA by EdIII · · Score: 2, Interesting

      Unfortunately this has NOTHING do with those idiots at all. Not even remotely.

      The MafIAA is funded in part by the record labels, but it does not specifically have anything to do with DRM being implemented by said record labels.

      The MafIAA is only defending the copyrights owned by those labels from infringing use by the public at large. Just another TOOL (used by tools themselves. lol) that the labels use to beat us into submission. Getting rid of the DRM, just got rid of another tool that Sony could use to enforce their will on us all.

      Sony did NOT have an epiphany after some hard soul searching and decide to stop deep dicking all of their customers with DRM. They made a business decision to protect shareholders interests. They certainly have not stopped funding the MafIAA and will continue to use them. Even if all of our music becomes DRM-less, the MafIAA will still come after those that are sharing it on Kazaa or some other type of P2P that has a shared folder in its implementation. That's how they found that guy, who famously, created the shitstorm surrounding the, "You can't RIP CDs" scandal.

      I got some bad bad bad bad bad bad bad bad bad bad bad bad news for you too. When the MafIAA DOES finally go away, it will ONLY be because they finally bribed enough US Senators to enact laws far more reaching and scary then the universally hated DMCA.

      It's all profit driven remember? When they get their DRM transferred into actual LAWS that allow them to do what they want, why would they need to still spend money on the MafIAA? They will just refer infractions to the local district attorney.

      What's scarier than the MafIAA? The Department of Intellectual Property Protections (DIPP). Invading your ISP's and personal machines to search for content. Guilty before proven innocent AND at risk of having your property seized and auctioned off.

      This is a slow evolution to an inevitably terrible final solution. It's like watching Skynet becoming self-aware and launch the missiles, or abusing antibiotics till the superbug ravages the planet. Judgment Day is coming and it will have far more reaching effects on us all. When all is said and done we will WISH for the days of easily bypassed DRM, and happy days of P2P.

      Can we stop them? Probably not. I have not seen a single instance in which the citizens have had their rights and interests win over the VERY WELL LOBBIED rights and interests of major corporations, the military industrial complex (it does exist outside of the X-Files), and Government control freaks.

      I'm actually worried by this. What is up Sony's sleeves? I cannot possibly believe they had a real change of heart. They deliberately lost a battle, but how do they still plan to win the war?

      Lets ALL remember these are the PEOPLE who brought us the ROOTKIT. People that dishonorable, unethical, and just pure EVIL.

  15. Not only the studios dislike Apple's control by Anonymous Coward · · Score: 0

    Sure, iTunes works great and is very easy and all, but the Fairplay encrypted tracks only play on Apple branded devices (appart from PCs with iTunes installs). Now I like the iPod just fine, but maybe two or three years from now I like a player from another company better. Or a Linux PC better than Windows or Mac. Or more pertinent, maybe I like another music phone better than the iPhone. If I have have a significant collection of Fairplay encrypted tracks, it forms a barrier to switching, as I'd have to rip/reencode all my purchases or hunt for cracks of the encryption. So yeah, unencrypted iTunes+ tracks: great. Fairplay DRM tracks: bleh!

    1. Re:Not only the studios dislike Apple's control by david_thornley · · Score: 1

      So don't buy from iTunes. It won't bother Apple any. They don't make significant money on the iTunes store, it's just there to help sell iPods (which do make lots of money).

      Alternately, when you buy music from iTunes, copy it to CD. That removes the DRM. It also gives you a backup copy in case you lose what's on your hard disk, so I'd recommend doing it anyway.

      I don't like DRM any more than the rest of you, but Fairplay hardly counts.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  16. I still want AAC by kherr · · Score: 1

    Getting rid of DRM is excellent, but going to MP3 is kind of like offering GIF instead of JPEG. Sure, it works and all, but AAC is the improved successor to MP3. Apple is going to have the audiophile* edge by selling unencumbered AACs if its competitors like Amazon.com stick with MP3. Not sure if that's going to be a big sway, but I personally prefer AAC.

    *I'm aware of flac, et al, and the audio purity arguments, but I'm talking about dominant market conditions.

    1. Re:I still want AAC by larry+bagina · · Score: 1

      Currently, only EMI (and maybe some indy labels) have DRM-free music at iTMS. BMG has a hard-on for apple. They (along with Warner) let their iTMS contract expire and can cancel iTMS sales at any point. Warner is offering exclusive (and DRM free) songs to Amazon.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:I still want AAC by MrNiceguy_KS · · Score: 1
      Audiophiles will still buy CDs and rip them to a lossless codec on their own computers. (Using Linux, or a Mac, or Windows with auto-run disabled so they can easily get around any DRMed pseudo-CDs) No Audiophile will accept lossy compression.

      Ok, true audiophiles will insist on only playing their music from vinyl using ... Ah screw it. I'm too tired and apathetic to come up with a joke to make fun of people who call themselves audiophiles. It's Friday afternoon, and trying to come up with a new way to make fun of people who buy 4-figure speaker cables and color on the edge of their CDs just takes too much effort. Audiophiles are stupid. Make up your own joke.

      --
      Redundancy is good And also good.
    3. Re:I still want AAC by mikechant · · Score: 1

      I'm sure AAC is superior technology - but *lots* of very cheap music players still only support WAV, MP3 and non-DRM WMA. Judging by the huge range of such players available at large electrical/department stores in the UK, they must sell pretty well. Selling AAC only excludes you from this significant market.

    4. Re:I still want AAC by STrinity · · Score: 3, Informative

      Amazon uses VBR with the average song being between 196 and 256kbps. At that quality an MP3 is indistinguishable from a CD even on high-end speakers. The only advantage of AAC is that it can achieve those rates with smaller file sizes. Since the vast majority of files sold by Apple are ony 128kbps with DRM, there's no contest here.

      --
      Les Miserables Volume 1 now up with my reading of
    5. Re:I still want AAC by Anonymous Coward · · Score: 0

      Yeah, I just strip off the Itunes encryption and extract the AAC track (using freeware apps)...voila DRM-free and AAC.

  17. Need a Wikipedia "Scorecard" by GnuPooh · · Score: 1

    I'm losing track of what each companies policy is currently. I believe EMI was the first to offer DRM free music and then I think was someone else and now Song BMG. I also know there's a the "big 5" music labels, but I can't name them off the top of my head. Can someone who knows the details make a Wikipedia page and link to it so we can keep "score" of who's given up on DRM and who's still to go? It would be helpful for everyone.

    Thanks!

  18. What's the news? by prostoalex · · Score: 4, Funny

    AllofMP.com has been pioneering the model all along.

  19. For some of you, at least... by Anonymous+Brave+Guy · · Score: 3, Interesting

    It's funny, I went to Amazon the other day to see what was available for DRM-free download. Do you know what the answer was?

    Nothing. For some strange reason, the service is only available to those in the US. The rest of us are still stuck in 2000 or something.

    Still, at least the light bulb is starting to glow. Next, you'll be telling me I can buy legal DVDs that don't make me sit through several minutes of tedious anti-piracy drivel that doesn't even apply in my jurisdiction, just like all the illegal ones I could have bought more cheaply instead...

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:For some of you, at least... by rtb61 · · Score: 1
      Well what does it matter. Amazon is not the target of the end of DRM. The old music and video distribution channels are. The ones the everybody already knows. The ones that already give it away for free (save a bit of excessive advertising).

      The TV networks are the most logical distribution point. They'll be streaming content down the internet with embedded adds and for a nominal cost per unit or with an annual subscription fee you can own the content you are listening/watching advertising free or even look through the archives for older content including TV series, News Articles, Comedy Shows etc. The logical extension is of course as a registered user you can continue to legally download the content you have bought should you lose it due to hardware failure.

      The publishers already have their hooks into the networks why the hell would they bother to give away profits to Apple or Amazon.

      --
      Chaos - everything, everywhere, everywhen
  20. Pick one: DRM or copyright infringement lawsuits by compumike · · Score: 4, Insightful

    They want to protect their intellectual property, which is understandable (although I'm sure some slashdotters will argue this point). But I think fundamentally we're going to have to accept one of two mechanisms by which they can do that. The first is DRM, and the problem is that it undermines lots of legitimate (fair, free) uses of the content. The second is lawsuits for civil or criminal copyright infringement, which have significant statuatory damages.

    So I'm happy that people are waking up to the problems with DRM, and that companies are realizing it too. But realistically this means that more enforcement burden will be on legal action, which tends to be economically burdensome on individuals, although it is more likely to produce a socially acceptable result (allowing certain cases of fair use).

    --
    Educational microcontroller kits for the digital generation.

  21. Why should the labels be in control anyway? by jhfry · · Score: 5, Insightful

    What I don't understand is why the labels have such influence in the sales of music. Contrast it with retail sales and you will understand what I mean. In typical retail sales, the retailer purchases X items from a distributor or direct from the manufacturer and sells the for whatever they choose, allowing the retailer to compete and allowing the manufacturer sell the items for their desired profit margin, the only people who's profit margins are influenced by competition (of the same product) are the retailers.

    In the online music world, the Label places all kinds of stipulations and requirements on the seller. Wouldn't they simply be better off selling X licenses for Y cents per license to as many online sellers as possible and let them duke it out over selling as many as possible. You would see Apple's, and many other sellers', profit margins drop as competition raged. Consumers would be buying at lower prices, which would increase overall sales, and advertising would increase as different sellers tried to attract new buyers.

    Overall, a simple Manufacturer -> Distributor -> Seller -> Buyer structure where the manufacturer is hands-off on the sales end would probably make the most money for them. Even with piracy raging in the background, I guarantee that if I could pick up a bunch of music for $.25 per song (with $.24 going to the label), I'd be all over it. If the label want's more money for a newer track, simply sell it to the distributor/seller for a higher price and let them figure out how they want to move it.

    I would imagine you would see 2 for 1 deals, free downloads, and all kinds of other schemes where sellers would take a loss on the low cost music to see higher profit margins on the higher cost tracks.

    All I can say is... stop letting the labels set the retail prices, let competition and demand dictate the price. It's worked for almost every industry since the dawn of trade and there is a good reason, it makes everyone happy because they feel like they are getting a fair deal.

    --
    Sometimes the best solution is to stop wasting time looking for an easy solution.
    1. Re:Why should the labels be in control anyway? by __aaqvdr516 · · Score: 1

      You, sir, need to stop making so much sense. Don't tell me this sort of thing has actually worked in the past....oh it did? Well I'll be damned! Too bad the labels have their heads so far up their collective asses that this will take years to come to fruition.

    2. Re:Why should the labels be in control anyway? by flanksteak · · Score: 1

      Reduced price flexibility for retailers is less common in the non-music world, but it's not unheard of. Apple itself is a good example. They rigidly control the retail price of all their hardware. That's why when Fry's has an ad touting a sale on iPods or MacBooks the sale price is $294, down from $299. Whoopee.

      Price control by manufacturers is supposed be illegal, but it's pretty common in the electronics/computer world. I'm not exactly sure how it's done, but it happens.

    3. Re:Why should the labels be in control anyway? by ztuni2007 · · Score: 1

      I would agree with you, except we're not talking a tangible object here. There's no limit on the supply. With a limitless supply, it doesn't really MATTER how big the demand is, there's always enough to fill everyone's wants. Honestly, I don't really see why labels don't sell their own music, it's not all that hard, and then they could quit bitching at apple/walmart/other distributors by becoming their own distributors, and taking 100% of the profit, (and 100% of the operating costs). Seems like that would save them at least a little trouble

    4. Re:Why should the labels be in control anyway? by nine-times · · Score: 1

      What I don't understand is why the labels have such influence in the sales of music

      What do you want to know: how are they able to maintain that influence, or why do they choose to maintain it?

      The "how" is simply because they control the licensing terms, so they can do what they way. The "why" is almost as simple: they know that if their industry was governed by simple supply/demand economics, their companies would be completely worthless. You have an limited demand of something that exists in unlimited supply. Once their production costs are recouped, continued sales cost them little more than the salaries of the accountants to count the money coming in. Insofar as their industry is "media distribution", their value-added is so small that they're scared of being run out of business by teenagers who are willing to do the job for free, for fun.

      The way the record industry is a cartel which makes money by maintaining tight control and using that control to negotiate contracts that are unfair to all other parties. Take away their control and influence and they're out of business. They certainly aren't surviving based on the quality of the product they're selling (which isn't even music, but a "license" to listen to that music?).

    5. Re:Why should the labels be in control anyway? by Alpha830RulZ · · Score: 1

      I don't know about the word 'should', but the actual reason is the nature of entertainment material (movies, songs, performances) is such that competing goods don't exist. If you want to watch Chuck Norris' latest movie, there is no substitutable good that will do. Steven Seagal's last movie won't satisfy you. This is unlike microwaves or refrigerators, where another brand's model can be made highly competitive through price management. When you have the hot movie, you do whatever it takes to milk it, because next month you might not have a hot movie. The good thing is (if you're the studio) when you -do- have the hot movie, it's all people want. You are in a power position.

      The Hollywood studios have learned a certain asshole-ish behavior from these temporary king of the hill moments over the years, which is the emotional backstory for why they act like they do. They are used to being able to prescribe whatever terms they want in the moment they have the hot product, and getting the smelly end of the stick when they don't have the hot product. That's why they have wanted to and been able to retain the power that they have.

      In the entertainment business, the distributors and retailers are in a weaker position than other businesses, because of this momentary monopoly nature of the goods. The channels have historically been left with just enough of the income stream to keep them going. So they have learned their own extortive behavior - witness snack prices at movie theatres.

      --
      I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
    6. Re:Why should the labels be in control anyway? by martyros · · Score: 1

      The answer is actually pretty simple. In any industry, you rarely have one entity starting with raw materials and selling directly to the public; you have a chain of entities who buy materials or labour, do something to "add value", and sell it to the next guy down the line. In the music industry, musicians create music, which is produced and refined into an album, marked and distributed by stores. The final product -- in this case a CD -- has some amount of "value" to customers (denominated in dollars).

      When you're looking at the strategic landscape of an industry, one of the important question to ask is, "who captures the value"? I.e., how much of that final value to the consumer ($20 CD sale) goes to each person in the line?

      The answer is, in part, determined by Porter's Five Forces. They are:

      • Threat of substitute products
      • Threat of the entry of new competitors
      • Intensity of competitive rivalry
      • Bargaining power of buyers (i.e., the people buying what you make)
      • Bargaining power of sellsers (i.e., the people you're buying from)

      So, artist -> record labels -> record stores -> end consumer, who captures the value?

      Artists are in a really weak bargaining position. Tons of people want to make music, so the threat of substitution, threat of entry of new competitors, is really high. Distribution and marketing has historically required a lot of money, which means that there aren't very many alternatives, there's a high barrier to entry, and not a ton of competitive rivalry. The record stores historically haven't had much bargaining power either -- so the record companies capture a lion's share of the value (although, to be fair, they also risk and invest a huge amount of money in distribution and such).

      But now, because of Apple's dominance of the hardware market, iTunes has a lot more bargaining power than record stores ever had. Going to DRM-less is basically the only alternative for the labels to reduce Apple's bargaining power.

      --

      TCP: Why the Internet is full of SYN.

    7. Re:Why should the labels be in control anyway? by foo+fighter · · Score: 1

      Your example is only valid for retail items that are essentially commodities.

      No one gives a shit if they have to buy no-brand plastic containers instead of Ziploc-brand plastic containers.

      But people do care about the difference between a recording of Beethoven's 5th by the Berlin Philharmoniker on Deutsche Grammaphon (recorded and engineered by experts) versus a recording by Pudunk Symphony on Budget Classic Hits! (recorded and engineered by Pudunk State college students).

      I mean, retailers can't replace the latest Hannah Montana album with something else. Recording personalities are not commodities.

      --
      obviously no deficiencies vs. no obvious deficiencies
  22. Apple can and does sell non-DRM at ITMS by jpellino · · Score: 1

    Unless they didn't get the memo, there must be something else at play here, likely just adding channels.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  23. reality raises its ugly head by Presto+Vivace · · Score: 1

    Sony realizes that suing your customers is not a sustainable business model.

  24. Resistance is Futile. by headkase · · Score: 4, Interesting

    If you go to Nine Inch Nails website you'll find the results of an experiment they just ran through. They offered an album for free with the option to pay if you felt like it. To cut to the chase, 18% paid for it (at $5 a pop). That may sound like a poor result and it would have been if it was fifteen years ago. Today however, the game has changed, the music industry used to be based around the concept of scarcity. They had a physical product and the only method of distribution involved moving that product around. Today, information can be replicated for almost zero cost instantly world-wide. Scarcity as a assumption in the business model no longer applies. So if traditional media companies are to save themselves they need to radically change their mode of operation or go extinct. Without scarcity, the only other tangible benefit they have to offer is the experience itself. This means shifting where they expect to get the majority of their revenue away from what is no longer scarce - the music itself - to what is still in short supply: live concerts, t-shirts, mugs, unique (signed?) physical items and such. The music itself can almost be written completely off as a promotional expense to attract business to the items that for are still scarce. Information networks have completely changed the rules of the game in many areas and media companies are just the people to experience it first. If they lack the vision to capitalize on products and services that are still scarce then they will remain as relevant as the steam engine. And there's nothing they can do to stop it - no matter how much "protection" they place on their wares there is a whole new generation of artists growing up right now that don't really see a pressing need to sign with a big label in the first place so if the labels don't adapt and continue to offer something of value then, well, economics is a bitch.

    --
    Shh.
    1. Re:Resistance is Futile. by headkase · · Score: 2, Interesting

      Sorry, got so wrapped up I forgot to mention the fundamental scarcity that has been pulled out from under the feet of media: scarcity of manufacturing - e.g. cd-pressing plants. It used to cost big bucks to get your music into the hands of people who wanted to hear it. Now it just requires a web server, some audio software and talent.

      --
      Shh.
    2. Re:Resistance is Futile. by BillAtHRST · · Score: 1

      The other side of the coin is that in this scenario the artist(s) keep ALL the money, as opposed to the pitiful percentage that the record labels pay under standard contracts. (For some interesting thoughts from the artist's point of view, see http://www.dgmlive.com/diaries.htm?entry=8383 and other of Fripp's postings).

    3. Re:Resistance is Futile. by pak9rabid · · Score: 1

      to what is still in short supply: live concerts, t-shirts, mugs, unique (signed?) physical items and such Correct me if I'm wrong, but the label's don't usually receive revenue from these things. The actual artists do, but I completely understand where you're coming from. I have been telling people for years that if I were to ever start a band or something, I'd use my music as a form of advertising and focus on making my money from live shows and merchandise. That's not to say that you couldn't make money from the music itself. Shit, take a look at RedHat. Although you could download it for free from their website (think 5-10 years ago), people would still buy the RedHat software from stores because it was 1.) convenient, 2.) you had a physical medium and documentation in which you could reference in the event you lose your soft copy, and 3.) there's the people who view that sort of transaction as a donation to the company for providing such an awesome product.
    4. Re:Resistance is Futile. by vimh42 · · Score: 1

      Sounds to me like Trent was a bit disappointed in the numbers. As he put it, they were 'disheartening'. I'm not sure what to make of that. As he states that he wasn't sure what his expectations really were.

      I had not heard of this effort or the artist and the album. Now that I have I will download them and listen to them. If I like it, I will buy it. If I don't, I will delete it. Doesn't that skew the numbers? Isn't that what a large number of people will do or have done?

    5. Re:Resistance is Futile. by xaxa · · Score: 1

      Thanks for that, I hadn't heard about it. The album is available from http://niggytardust.com/ -- and I just bought it. I have no idea what the music is (I haven't heard of Saul Williams) but Nine Inch Nails were the best major band at the Reading Festival this year, so hopefully it'll be something I like :-)

      $5 (£2.52 for me) for 427MB of FLAC -- that's an excellent price!

      What does $5 get you as a student in, say, New York? In London, £2.50 would buy one of:
      - four cans of coke from a vending machine at university
      - a couple of beers somewhere cheap, or single double-spirit+mixer somewhere cheap
      - one drink somewhere in central London
      - half a person into a nightclub
      - a cheap lunch
      - two loaves of bread
      Seems a very good price for an album anyway!

      And the download has now finished... erm... if you like Nine Inch Nails you probably won't like it, it's hip hop. I should have read the Last.fm page: "he received notable recognition while supporting Nine Inch Nails for parts of their 2005-2006 tour, despite the questionable appeal of his music for that demographic." Oh well.

    6. Re:Resistance is Futile. by xaxa · · Score: 1

      No, I really don't like it.

      For sale: "The Inevitable Rise and Liberation of NiggyTardust!" by Saul Williams. Any offers? I can only upload it to you at 1.3Mb/s (bits). I don't want the money, give it to a local charity instead :-)

    7. Re:Resistance is Futile. by Anonymous Coward · · Score: 0

      18% of $5 is 90 cents, which is the average amount NIN is making per sale by selling directly and skipping the label. That's right at the top end of what they could expect to make per sale through a label, and they're also getting many more sales, since there's no cost to purchase. Maybe a lot of those 82% of non-paying consumers wouldn't have bought the album anyway. By getting the album to a wider audience, they increase the chances that people will go to their concerts, license their music for commercial use, and be interested in future albums.

    8. Re:Resistance is Futile. by Dirtside · · Score: 1

      I wonder if they accounted for people who downloaded it for free, liked it, and came back and paid the $5 for it. (Or if they accounted for people who downloaded it multiple times, for some reason.)

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    9. Re:Resistance is Futile. by Anonymous Coward · · Score: 0

      My experience: I've just had a look at the site, and there doesn't seem to be any streaming media on there to listen to before being handed a choice between "I want to directly support the artists involved in the creation of this music." ($5, card symbols) or "I'm not concerned about that. I just want the music." ($0)...

      It's likely there's some stuff on Myspace or wherever, since there's a link at the bottom of the page. What the website doesn't incline me to do is look further -- I don't even want to grab the 192kbps files as a trial listen because I don't want to click the second option.

      How many other people felt similarly, I wonder?

      On the other hand, I downloaded albums by Harvey Danger and The Crimea, and bought the CDs afterwards after a few listens. Neither presented their downloads as a guilt trip.

  25. Nah by Rix · · Score: 1

    They'll have to give everything to both. If it's not available at the preferred merchant, people will just pirate it.

  26. Re:Sometimes happens by MightyMartian · · Score: 3, Insightful

    How is Apple being monopolistic? You can play straight MP3s on an IPod. As much as I think the Apple fanboys are pack of twits, the Apple anti-fanboys are every bit as stupid.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  27. when? by pak9rabid · · Score: 2, Funny

    So they either shaft the consumer with DRM, or shaft Apple by removing DRM. Granted the latter is friendlier to the consumer, but when will the labels put and end to shafting people and just give their customers what that want without ulterior motives? Probably when their shit turns purple and smells like rainbow sherbet.

    1. Re:when? by Shadow-isoHunt · · Score: 1

      Removing the DRM doesn't shaft Apple. It's still playing on the person's iPod.

      --
      www.isoHunt.com
  28. Apple could just go DRM free too by Cathoderoytube · · Score: 1

    I recall sometime back there was an article here about how Apple wanted to go DRM free if it could charge a bit more for the songs, but they'd also be higher quality, and something to the effect that record companies didn't jive with that. So if my addled memory is correct that would imply that Apple was/is perfectly willing to go DRM free. I suppose with Sony going DRM free Apple could just follow suit and retain its strangle hold on the digital music market. Which when you think about it would be a well deserved kick in the teeth to Sony.

    --
    I have nothing compelling to say
    1. Re:Apple could just go DRM free too by ajs · · Score: 1

      You can buy DRM-free versions of many songs on iTunes, but it's on a case-by-case basis. They have no universal agreements with any vendor yet (that I know of) to off all of their music DRM-free (though they may have such agreements with some smaller labels, and I just don't know).

    2. Re:Apple could just go DRM free too by STrinity · · Score: 1

      Yes, Apple offers DRM free music, but they only have a deal with one label. Initially they tried to charge an additional $.30 per song (though whole albums were priced the same), but then Amazon started offering DRM free music for $.89-.99 per song and under $9.99 per album, forcing iTunes to change their pricing structure. Now everything costs $.99/song regardless of quality.

      --
      Les Miserables Volume 1 now up with my reading of
  29. As an added bonus by Anonymous Coward · · Score: 0

    you get a free Sony Rootkit with every order. This rootkit is freely distributable among all computer on the network or through any user created CDs or DVDs so you can share this rootkit with your friend and family. Now the computers of your friends and families will be fucked up along with yours just like you used our rootkit infe^h^h^h^h enhanced CDs but much better.

  30. Nice backpedaling by many /. posters by Anonymous Coward · · Score: 0

    I've read far too many comments with this sort of tone:
    "iTunes may have DRM, but it is a good thing now because the labels don't want to be tied to iTunes! YAY APPLE, YOU DID IT!"

    Do not oversimplify the issue. There is nothing good about DRM of any sort. Legitimate customers always get screwed by it eventually. Just because Apple uses permissive DRM does not make it any better: telling the customer to remove the DRM via burning to CD and re-ripping it is a waste of everyone's time. No, the record companies are doing this as a means to make sure they aren't under anyone's thumb. It is merely good luck that there are no DRM formats that work on an iPod outside of Apple's, otherwise you bet your ass the labels would trying to use it.

    If you are going to ascribe this to some sort of "master plan" by Apple or others, please present actual evidence. You know, the sort of thing you should be able to provide when you make grandiose claims such as those. Otherwise, you're just wasting everyone else's time with tripe that you hope is true.

  31. Re:Travesty, thats all I have to say. by mce · · Score: 5, Funny

    In Soviet Russia, where the real hacking studs live, hackers soon will massively distribute DRM-ed versions of Sony's DRM-free music, just to show the world how much they hate the established music industry, irrespective of what it does.

    In the US, some wannabe high-school hackers will briefly attempt the same, but will be sued into the ground by RIAA laywers intent on showing who still owns the copyrights to and patents on the DRM concept.

  32. Forgot one... by Anonymous Coward · · Score: 0
    Sony MP3 player - fucked themselves by locking all songs to Sony SonicStage (Absolutely wouldn't play any MP3s without the Sony proprietary encapsulation.) I returned mine to the store and demanded my money back on the basis that their fucking MP3 player wouldn't play MP3s!!!

    You have to admit, Sony must be a really _limber_ company, since they manage to fuck themselves so often...

  33. Your computer doesn't have an optical drive? by Cajun+Hell · · Score: 3, Insightful

    the only way to buy digital music for the iPod was from Apple

    WTF? This isn't 1992; CD-ROM drives are ridiculously affordable, and even Macs aren't locked into Apple-brand drives. This guy is wacked if he thinks iTMS is the only place where someone can buy digital music that can be loaded onto an iPod. Even Sony has been selling it. For decades. Without any DRM.

    --
    "Believe me!" -- Donald Trump
    1. Re:Your computer doesn't have an optical drive? by sconeu · · Score: 1

      Even Sony has been selling it. For decades. Without any DRM.

      Even Sony has been selling it. For decades. Without any DRM -- except the rootkit.

      There. Fixed that for ya!

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Your computer doesn't have an optical drive? by Anonymous Coward · · Score: 0

      In the stupid and technically illiterate parlance of the media, "digital music" does not include CDs. If you follow their twisted vocabulary then this statement is correct. It's not a problem of intent, but of disagreements in word usage.

  34. Re:I still want AAC - AAC vs. MP3 by nevermore94 · · Score: 1, Flamebait

    I still have never seen a definitive answer to the AAC vs. MP3 debate other than that, for me, my 5 "Digital Audio Players" all play mp3's and none play AAC. AAC may be a better format, but is it in Apple's implementation in iTunes? I know you can pay more for higher bitrate songs now, but when iTunes first opened I went out and bought 20 songs. Just out of curiosity I bought a few I already owned on CD. I then burned them to a CD and ripped them back as WAVs. Then, I ripped the songs off of my CDs and encoded them to MP3 at 128kb with a good Fraunhofer MP3 encoder (not LAME or MusicMatch or some of the other crappy encoders most people used at that time, there is a big difference), and then converted them back to WAVs. And, to be honest, I couldn't really hear any difference. So, I played both WAVs (from AAC and MP3) through a spectrum analyzer, and the visual difference was obvious. The Apple AAC sourced WAVs were extremely clipped on the high end compared to the ones from the MP3s that I had encoded. Therefore, I have never bothered to try iTunes again. Things may be better now, but with all of the DRM free MP3 stores popping up, I will be going to them first.

    --
    Nevermore.
  35. Morals aside - what's the end result? by Nerdposeur · · Score: 5, Insightful

    I have no problem whatever making life miserable for thieves and miscreants like those bastards who run the entertainment industries.

    In context, I presume you mean pirating their work. Without getting into a moral argument, I do think you should consider the practical effects of your behavior.

    We all know that labels screw artists and DRM is bad and blah blah blah, but what happens if your favorite action films cost $50 million to make, but suddenly all of the customers have "digital content wants to be free" philosophies?

    Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost. No more magical Hollywood special effects. You're not going to see Lord of the Rings get produced under a Creative Commons license.

    Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. To never pay is to vote for a world where that work is never produced.

    1. Re:Morals aside - what's the end result? by Anonymous+Brave+Guy · · Score: 2, Insightful

      Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. To never pay is to vote for a world where that work is never produced.

      It's a shame my mod points just expired, or you'd have had one.

      It's about time a few people around here realised the hypocrisy of advocating piracy as a counter-strategy to DRM. If you don't like the way the material is offered, fine, vote with your wallet and tell people why. That's your right. But watching the films and listening to the music anyway just says you want the stuff but aren't willing to pay for it like everyone else.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Morals aside - what's the end result? by deathy_epl+ccs · · Score: 5, Insightful

      We all know that labels screw artists and DRM is bad and blah blah blah, but what happens if your favorite action films cost $50 million to make, but suddenly all of the customers have "digital content wants to be free" philosophies?

      This argument has no basis in reality, though... people are not going to universally stop paying to go to the movie theatre, and they're not going to stop buying DVDs.

      I remember another industry that piracy was going to kill. It used to be called the Video Game industry, and man, were they cool. When we were kids, we used to play the darned things all the time. Unfortunately, rampant piracy put them completely out of business and there are no more video games.

      Of course, in reality what's happened is that the video game industry has become one of the biggest modern growth industries there is... and you know what? People are still pirating the games too.

      I'm not coming out for or against piracy here, but when we have these discussions, we should at least try to look at things from a realistic perspective instead of dogmatic positions.

    3. Re:Morals aside - what's the end result? by Ash+Vince · · Score: 3, Insightful

      Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost. Some of us actually prefer low budget, made for the love of it movies just like you describe.

      One example that springs straight to mind is Clerks. I far prefer this to any of Kevin's more recent works. I still like his more recent stuff like Chasing Amy, but it does not hold a candle to the film he made just for the love of film.

      Another example which is not so well known is El Mariachi (http://www.imdb.com/title/tt0104815/). This is the forerunner to Desperado but is far superior in plot and storyline. It lacks the huge explosions (no rpg firing guitar cases) but this is not a loss in my opinion. Far too often the drive to spend huge amounts of the studios money on special effects actually detract from other areas of the film that usually have much longer lasting appeal.

      Another problem with Hollywood movies is the actors. They frequently bitch and moan trying to get their own role "enhanced" just to get their useless overpaid faces on the screen for more time since this will increase their future earning potential. Or they try and get less well known actors with far more talent entirely removed from productions or their scenes cut if they are clearly better actors and show them up on screen.

      Usually the director will have to go along with a certain amount of their whining in case they threaten to walk off set. Unless the director is more well known than the actor quite frequently the lead can get their part substantially changed on a whim.

      Then there is the studios notoriety at tax avoidance. You do not get a type of accounting named after you for nothing:

      http://en.wikipedia.org/wiki/Hollywood_accounting

      So even after all this you want me to feel sorry for them if they go out of business? Be serious.

      The fact is that there will always be an entertainment industry, since people love to be entertained. If the current form of it died out it would be replaced by something else since someone will always fill that gap and try and make a few pennies out of us in the process. This is not a bad thing, but trying to just skip to the pennies without providing original entertainment first is.

      I say original in the previous statement because of the number or sequels or remakes that Hollywood turns out. But this rant has gone on long enough so lets not start on that.
      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    4. Re:Morals aside - what's the end result? by Sancho · · Score: 5, Insightful

      But watching the films and listening to the music anyway just says you want the stuff but aren't willing to pay for it like everyone else. Well...yeah.

      Here's the thing: copyright is a balance between the insanity of allowing ideas to be owned, and the insanity of few people creating art because we need to eat. To maintain that balance, the government (the people) struck a deal with content creators--they get a limited monopoly on their work in exchange for creating it in the first place. But eventually, the people get the work, as they should, because owning ideas is idiotic.

      Unfortunately, the content creators don't feel the need to honor the deal--they just want to own the ideas outright, forever and ever. I don't particularly blame them--everyone's always looking out for number 1--but the fact remains that they're violating it every time they ask for extensions.

      It's not unreasonabe to wonder why one side should agree to a deal that the other side is violating.

      The key is that it has nothing to do with the content. A boycott is generally useful for when you don't like what someone is saying, or even how they're saying it. Copyright is a weird beast that really doesn't fall into either of these areas.
    5. Re:Morals aside - what's the end result? by jhol13 · · Score: 1

      Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. I have watched genocide in Darfur. I do not respect it.

      To never pay is to vote for a world where that work is never produced. I am willing to take that vote as I know I am in the minority. And if there are more people like me, perhaps even a couple of percent of the population, we might have a chance to kill DRM (and DMCA) for good.

      The DRM for music was not killed by paying for it, it was killed by not paying for it.

      I do consider DRM as it is in e.g. blu-ray/hd-dvd/HDMI an atrocity. Therefore I will rather torrent HD movies than pay for them. If my behaviour kills the movie industry which uses DRM I'll be just happy.

          "This ain't rock-n-roll, this is genocide!" :)
    6. Re:Morals aside - what's the end result? by Stefanwulf · · Score: 1

      The DRM for music was not killed by paying for it, it was killed by not paying for it.
      In part. More than that, however, it was killed by people paying for mp3s.
      I don't pay for DRM either, instead I buy my mp3s from emusic and Amazon. Now it seems I'll be buying mp3s released by SonyBMG. If, as you claim, you pirate for moral reasons as part of an economic fight to end DRM, I would advocate switching to purchases of DRM-free alternatives, because it is a far more effective demonstration that companies can make money by dropping DRM.
    7. Re:Morals aside - what's the end result? by Anonymous Coward · · Score: 0

      Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost.

      Oh please. They must make enough to recoup their outlay from the product placement money alone. Every scene chock-full of ads for stupid shit that's tenously related to the plot.

      Also, how does it help the plot to have the movie cost $50 million dollars when they could make if for five times less and rely less on location shoots, car chases etc etc etc? Oh wait, then they'd need to actually get a plot. My mistake.

      Sure, maybe they'd no longer be able to pay each 'star' 1000 times the total lifetime salary of any normal person for a single film and so in that sense they'd feel the pinch of their budget cut but hey, they'd still survive somehow...
    8. Re:Morals aside - what's the end result? by UncleTogie · · Score: 2, Interesting

      In context, I presume you mean pirating their work.

      No. No pirating necessary.

      I'll use Sony as an example. When a client comes in, engage the standard /. rant on Sony. There's MORE than enough material there to hurt their bottom line without a single CD/DVD rip. Remember, folks, people many times trust our decisions on technical matters. If you tell 'em that Sony's not a brand to buy {and why}, many times they'll take that as gospel. Let 'em know where the problem is and why... they'll listen.

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    9. Re:Morals aside - what's the end result? by dwandy · · Score: 5, Insightful

      Frankly, if nobody pays to see movies, no movies will get made
      I guess all that TV I watch is just my imagination hard at work? 'Cause I haven't paid for any TV content (the signal, yes if you have cable/satellite, the content is paid by ads)

      Don't confuse "how it's financed under the current system" with "the only way content will get financed"

      Beyond that, you're also ignoring the fact that large percentages of the costs of making movies is clearing copyright -- if movies get made using cc content, then they won't cost what they do now. Furthermore, there is nothing that Actor-X does that makes him worth $20-million for a movie. He gets paid that because there is an expectation that the movie will make enough to pay him that. Stage actors make working-type wages (since that is what stage can afford to pay) and they are still able to attract talent. Clearly if movies make less in general, the Big Name Actors and Big Name Producers and Directors will be the first to take massive pay cuts. That doesn't equate to "no more movies being made"

      And then the final question I always ask is: who cares if they don't make $100million films any more? If we actually care about the cost of a movie, then the question of "what could we do to make sure that $500-million movies get made?" becomes an equally valid question. Or perhaps 25% of the GDP should be directed at movies to make sure that multi-billion-dollar movies can be made?

      Purely speaking, "cost" isn't really a factor in determining the artistic merit, or even quality. "Relative cost" seems to be positively related to quality (roughly), but still no relation to artistic merit.

      So if the "cost" bar lowers from $50-million average movie to $1-million, those movies will still have excellent quality - the actors et.al will just be driving Toyota's like the rest of us instead of picking out the Porsche-du-jour.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    10. Re:Morals aside - what's the end result? by Anonymous+Brave+Guy · · Score: 1, Interesting

      Here's the thing: copyright is a balance between the insanity of allowing ideas to be owned, and the insanity of few people creating art because we need to eat.

      Here's the thing: it's nothing like that at all.

      Copyright is primarily an economic tool. It provides an incentive for people to create and share new works.

      Arguments like yours are put as if the alternative to copyright is a world where all the same works are created and shared freely, as if you can eat your cake and have it too. But the problem is, most of the time, you can't. It takes time, skill and often significant amounts of cash to make worthwhile works. If you don't provide a sufficient economic incentive for people to make that commitment ahead of time, the alternative is that you don't get most of the work at all.

      So, reality check, please. The amount of work created and shared under the current incentive scheme, regardless of its flaws, is vastly greater than either the amount of work created and shared on a voluntary basis today, and than the amount of work any given member of society had access to under the old work-for-hire economics of yestercentury.

      In this context, the idea of a temporary control over the distribution of a work (which isn't really ownership, of course) isn't insane at all. In fact, it's no more insane than actual ownership of real, physical property: it's a legal convention, which society by and large adheres to because on balance it's in society's interest for everyone to do so. Heck, the same is true of just about any law, for that matter, particularly any law related to economics. Copyright is no different and no more artificial.

      Unfortunately, the content creators don't feel the need to honor the deal--they just want to own the ideas outright, forever and ever. I don't particularly blame them--everyone's always looking out for number 1--but the fact remains that they're violating it every time they ask for extensions.

      It's not unreasonabe to wonder why one side should agree to a deal that the other side is violating.

      That's just one big straw man. We're not talking about copyright extensions here, we're talking about DRM and the ethics of piracy. And right now, give or take the current imbalance between fair use doctrine and technological protections (which is recent and mainly confined to the US), the use of DRM doesn't inherently break any part of the deal and piracy clearly does.

      For the avoidance of doubt, I don't like DRM. I think it sucks for everyone involved, and I'm not at all sorry to see the back of it. I've been arguing for some time that it was dead and just didn't realise it yet, but also that things had to get bad enough for significant numbers of people to get stung and become aware of the issue before things would start to improve. But using DRM isn't in itself a violation of the basic principle of copyright.

      The key is that it has nothing to do with the content. A boycott is generally useful for when you don't like what someone is saying, or even how they're saying it. Copyright is a weird beast that really doesn't fall into either of these areas.

      I'm sorry, but I don't see how your concluding paragraph even makes sense, and I don't see how any possible interpretation I can think of is necessarily true.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:Morals aside - what's the end result? by Anonymous+Brave+Guy · · Score: 2, Insightful

      I'm not coming out for or against piracy here, but when we have these discussions, we should at least try to look at things from a realistic perspective instead of dogmatic positions.

      I believe you're missing the underlying ethical implication of the GPP. The point isn't that it's realistic for everyone to suddenly stop watching movies. The point is that for a behaviour to be ethical, it has to remain realistic if everyone in society did choose to act the same way. In this case, if everyone ripped content illegally and no-one paid for it, there would be very little content available for anyone. That means that the people who do act in that way today aren't just getting the content for free; they're actively taking advantage of everyone who does play by the rules for their own selfish benefit. The more people who choose to follow that path, the worse things get for everyone, and such a policy is unsustainable.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    12. Re:Morals aside - what's the end result? by Mr2001 · · Score: 1

      Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost. No more magical Hollywood special effects. You're not going to see Lord of the Rings get produced under a Creative Commons license. First, effects are getting cheaper all the time.

      Second, the people making the movies wouldn't have to "eat the cost", they'd just have to be smarter about financing. Instead of making movies for free and then hoping to extract money from them later, they'd have to just sell their movie-making services to whatever entity or community was willing to pay them.

      If you can bring in $100 million by selling tickets, then you can bring in $100 million by getting movie fans, exhibitors, movie player manufacturers, and anyone else who benefits from the movies' existence to fund their production. The demand doesn't just disappear.

      Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. To never pay is to vote for a world where that work is never produced. Is it? Or is it a vote for a world where that work is produced under a more sensible business model, or produced more efficiently and sold at a lower price? It's a fallacy to suppose that the only options are "music/movies are made on speculation and sold for $15 per copy" or "music/movies are never made at all".
      --
      Visual IRC: Fast. Powerful. Free.
    13. Re:Morals aside - what's the end result? by ConceptJunkie · · Score: 2, Funny

      Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost. No more magical Hollywood special effects.

      Good. Maybe they'll go back to making movies that are actually worth watching and wouldn't insult the intelligence of even a Congressman. Not that I condone piracy, even if what you are copying is worthless.

      You're not going to see Lord of the Rings get produced under a Creative Commons license.

      It's already been done. But, wait, "The Hobbit" is being made now. Oh noes! Hopeless... Fanboy... Must... Allow Corporate Overlords To Do Whatever They. Want. In... Order. To. See. More. Hobbit Action. [drool]

      Curses, foiled again.

      --
      You are in a maze of twisty little passages, all alike.
    14. Re:Morals aside - what's the end result? by L0rdJedi · · Score: 1

      I guess all that TV I watch is just my imagination hard at work? 'Cause I haven't paid for any TV content (the signal, yes if you have cable/satellite, the content is paid by ads)

      Don't confuse "how it's financed under the current system" with "the only way content will get financed"


      If you're watching the ads, then yeah, the content is being paid for. If you're like most of the people around here though and you Tivo the program and then skip the ads, no, the content really isn't being paid for. You're not watching the ads, so you're probably also not buying the products or at least not being influenced to buy the products. If you're not buying the products in the ads (or even just buying other products made by the same company), then at some point, the company is going to stop placing ads and then the content will disappear because no one is paying for it.

      This is all of course moot if you're buying the TV shows on DVD. At that point, you are paying for the content. As long as people either 1) watch the ads and buy those products or 2) buy the shows on DVD, then we'll still get content. Stop doing both and there won't be any money to continue to create the content.

    15. Re:Morals aside - what's the end result? by spirit+of+reason · · Score: 1

      Off topic, but is it strange that I think of the "Make 7up yours" commercial while I'm drinking my Sprite? It seems those ads don't always have the intended effect, even if they bring attention to the product...

    16. Re:Morals aside - what's the end result? by Anonymous Coward · · Score: 0

      Copyright is primarily an economic tool. It provides an incentive for people to create and share new works.

      Copyright also inbiggens the public domain by limiting that incentives duration. Disney etal have, by purchasing large parts of both major political parties, essentially and retroactively made copyright permanent.

      This is a basic violation of the original intent of copyrights.

      But they didn't stop there, they also used their pet congress critters to legislate required DRM into every computer component they can reach.

      Only their incompetence and the difficulty of their problem has saved us all from having Vista like file copy speeds as the hard drive attempts to check for verboten content (but fails to find it).

      That is the reason I make a dozen copies of every DVD I rent and hand them out freely to my associates (especially those I know might also rent of buy said video).

      It's not just that I want content for free. I want them dead.

    17. Re:Morals aside - what's the end result? by Anonymous Coward · · Score: 0

      Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost. No more magical Hollywood special effects. Special effects are getting cheaper - faster than Moore's Law, by my estimation. Eventually, a home user will be able to make a feature-length movie with blockbuster-style special effects. It may take a while, but I think it's a fair trade to set the movie industry back 30 years in order to gain greater society-wide freedom in information exchange.
    18. Re:Morals aside - what's the end result? by Khyber · · Score: 1

      Except that won't stop the companies. Eventually they'll crumble, and have the government bail them out, just like the government bailed out the airline industry. Or do you forget who's controlling and buying whom, here?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    19. Re:Morals aside - what's the end result? by Eivind · · Score: 1

      So, how exactly does retroactively extending terms for works created 50 years ago, partially by people now dead, create an increased economic incentive for anything ? (answer: it doesn't, relevant for the creation of new works is only the incentives offered for -new- works)

      For that matters, in economical terms, what is the difference between X for the next 50 years and X forever, if we assume 5% yearly deprecation ? (answer: in economical terms, 50 years is 95% of forever, at that deprecation-rate)

      Given your answer to the last question, how much of an increased incentive is extensions to copyrigth likely to create at this point ?
      (answer: effectively zero, atleast significantly less than 5% of a economical boost)

    20. Re:Morals aside - what's the end result? by fan777 · · Score: 1

      Absolutely. Take a look at Hong Kong cinema, at one point they were putting out well-made movies and even respected by the international community. Unfortunately, rampant pirating has killed theater attendance and dropped legitimate sales. Most movies coming out of there are teh crap now.

    21. Re:Morals aside - what's the end result? by Sparks23 · · Score: 1

      True, but the video game industry has also in large part moved to the gaming consoles, where piracy is not as widespread. (The requirement to physically modify your console is generally a higher bar to entry.)

      --
      --Rachel
    22. Re:Morals aside - what's the end result? by grimwell · · Score: 5, Interesting

      Copyright is primarily an economic tool. It provides an incentive for people to create and share new works.

      Copyright is not an incentive for people to create and share works. You should put the flavor-aid down.

      Before copyrights and the concepts of IP, people were creating & sharing works. People naturally have a tendency to create, sharing is more of a cultural thing.

      Copyright is there is enrichen the public domain(and thus human culture) by granting the author exclusive distribution rights for a limited time.

      Copyright is basically a social contract between authors and society. Copyright has been perverted and no longer benefits society. It has become too one sided.

      Is it really any surprise for the party being ripped off in the social contract, to start to disregard the social contract?

      That's just one big straw man. We're not talking about copyright extensions here, we're talking about DRM and the ethics of piracy. And right now, give or take the current imbalance between fair use doctrine and technological protections (which is recent and mainly confined to the US), the use of DRM doesn't inherently break any part of the deal and piracy clearly does.

      DRM is an under the table extension of copyright terms by the author both in length of the copyright and removal of the end user rights.

      DRM doesn't know when a work's copyright expires, so this effectively puts the work under an never expiring copyright.

      DRM also limits what the end user can do with the work; e.g. time or media shifting.

      DRM and piracy both break the social contract of copyright. Kettle meet Pot.

      If you get a chance spend some time hanging out with groups of artists(little kids, music, writers, coders, actors, etc). They're naturally creating stuff all the time, some good, some bad.

      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    23. Re:Morals aside - what's the end result? by grimwell · · Score: 2, Insightful

      In this case, if everyone ripped content illegally and no-one paid for it, there would be very little content available for anyone.

      Maybe more content would be created... have you heard of the Grey Album

      Or maybe

      When in the chronicle of wasted time
      I see descriptions of the fairest wights,
      And beauty making beautiful old rime,
      In praise of ladies dead and lovely knights,
      Then, in the blazon of sweet beauty's best,
      Of hand, of foot, of lip, of eye, of brow,
      I see their antique pen would have express'd
      Even such a beauty as you master now.
      So all their praises are but prophecies
      Of this our time, all you prefiguring;
      And for they looked but with divining eyes,
      They had not skill enough your worth to sing:
      For we, which now behold these present days,
      Have eyes to wonder, but lack tongues to praise.

      --William Shakespeare Or put another way...

      Immature poets imitate; mature poets steal.

      --T. S. Eliot Strengthening the author's side of the copyright agreement is a folly. It is society's side that needs to be restored.

      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    24. Re:Morals aside - what's the end result? by MojoStan · · Score: 1

      We all know that labels screw artists and DRM is bad and blah blah blah, but what happens if your favorite action films cost $50 million to make, but suddenly all of the customers have "digital content wants to be free" philosophies?

      Frankly, if nobody pays to see movies, no movies will get made
      [snip]
      Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. To never pay is to vote for a world where that work is never produced.

      The movie business needs to think of a new business model because their current one is dead. Movies want to be free. Movies should be free promotional vehicles for the performers to make money through touring live performances and merchandise sales. Everbody knows touring is where the money's at. In the good old days, before the days of moving pictures with sound, actors made their money the honest way by performing live in front of paying people. A real actor can perform live, not relying on the studio and editing to create their "art." Actors should have to "perform" to make their living. Getting paid over and over again for one filmed performance is not groovy. My brother made a movie using his laptop (and its webcam), local drama students, and YouTube. The publicity and resulting offers enabled them to temporarily quit their day jobs.

      Movies want to be free. You can't OWN property, man. Now everyone join hands. Join hands, please. I'd like to lead you all in some swaying. Come on, pay attention. I said do it! Yeah...

      --
      TO START
      PRESS ANY KEY

      Where's the 'ANY' key? I see Esk, Kitarl, and Pig-Up...

    25. Re:Morals aside - what's the end result? by Al+Al+Cool+J · · Score: 1

      That's a fair point. However, how much do we *really* need new movies? A couple of months ago, I set up my mythtv box to record any movie with a rating of at least 3.5 out of 4. These are all movies that are widely regarded as being good to excellent, and while some may be dated, and some aren't to my taste, on balance I think they are a hell of a lot better than your average multiplex flick. I'm recording far more movies than I can possibly find time to watch, 3-4 a day, burning the extras to DVD.

      I do something kind of similar with music. So even if the entire movie and music industry were to fall into a black hole, I already have what amounts to a life-time supply. And if I do somehow live long enough to run out, by then I figure AI and VR will have made conventional entertainment obsolete.

      Now if you'll excuse me, Doctor Zhivago is calling.

    26. Re:Morals aside - what's the end result? by jacquesm · · Score: 1

      a world without 50 million dollar action movies might actually be an improvement.
      Snatch was 'low' budget, quite the action movie and did ok. Hollywood would have a bit of a problem but I don't think I would lose any sleep over it. Mel Gibson might have to get a day job :)

    27. Re:Morals aside - what's the end result? by jacquesm · · Score: 1

      Spot on. Give a movie director a $50 million budget and he'll burn it, that's for sure, but it won't neccesarily lead to better movies.

      Real creativity is inspired by constraints, and a financial constraint is just another barrier to filter the truly creative from the shock-and-awe types.

      Maybe we should put together a list of movies that had a $1M budget and that grossed a profit ? (excluding porn movies ;) )

    28. Re:Morals aside - what's the end result? by jacquesm · · Score: 1

      the same is happening in music. A 24 track studio would set you back a small fortune 2 decades ago, it's 1/th the size and 1/100th the cost now (*and* better quality)

    29. Re:Morals aside - what's the end result? by vic-traill · · Score: 1

      Frankly, if nobody pays to see movies, no movies will get made - or at least, only cheap movies where the person making them can afford to eat the cost.

      What's a cheap movie - seriously, what are we talking here? 'Waking Ned Devine' ('Waking Ned' in U.K.) cost $3 million, according to http://www.iomguide.com/wakingned.php. No particular reason to pick this movie, except it was the first thing that popped into my mind when I thought about funny, well-made, non-Hollywood type movies.

      I rent movies mainly, and hit the theatre ever once in a while to see movies that seem worthy of the big screen, like Lord of the Rings (as you mention). The 50 or so videos I own are music-related (Hard Day's Night, Steve Ray Live at the El-mocambo, etc.) So if Hollyood wants to pay Sylvester Stallone $20 million for Rocky Balboa, they can knock themselves out doing it, because it doesn't matter to me if that movie gets made.

      Buying a DVD is as far as I'll go WRT DRM. And I have no problem ripping it so it's on my home network. So if the movie industry can't make Lord of the Rings on the revenue coming in from theatres and selling DVD's, then they better get their costs down, or look for another line of work. I think Peter Jackson's trilogy income of $20 million against a 20 percent take of the box-office rentals (according to Wikipedia) has some slack in it.

      These sort of numbers blow big holes in the 'Big Movies Subsidizing Art Movies' story, at least for me. Movies will continue to get made - some of them good, too - for less; there is no natural law or objective truth mandating their dying business model.

      These greedy bastards are abusing their customers beyond belief, and whining about hard times because their incredible gravy train is under stress. And they're trying to impose legislation worldwide via WIPO to boot. Fuck 'em. Piracy was never on my plate, but I don't even feel bad about that any more - my own or others.

      And I'm not qualitatively equivocating Mr. Jackson w/ Stallone, or singling out LOTR for any reason other than that LOTR comes as close to something I admire coming out of Hollywood.

      --
      [17] Leary, T., White, C., Wood, P. R., Bhabha, W. D., and Wirth, N. Lambda calculus considered harmful. In Proceedings
    30. Re:Morals aside - what's the end result? by stefancaunter · · Score: 2, Insightful

      Excellent example. People don't copy stuff they don't like. People who copy movies watch movies. People who copy music listen to music. People who copy games play games. Don't do this work if you don't want people to copy your stuff. Go work somewhere where what you do won't get digitized and copied. Clean the floor somewhere. Cool. Can't copy that. Otherwise, shut up. People like what you do. You have an audience. Congratulations. That's what you wanted. Oh, you want money? Do us a favour and pick another line of work. An artist wants an audience. A business wants money. Go into business. Sure, by all means, go in to the business of attempting to sell easily digitized and copied art. Just stop calling yourself an artist. An artist wants an audience. Everyone else just wants a paycheck.

    31. Re:Morals aside - what's the end result? by Rogerborg · · Score: 1

      And then on the PC there's Steam, which is DRM-infected, but offers such a convenient service (and eclectic catalogue) that I actually don't mind paying. DRM-infected services can be attractive; you just need to focus on the service rather than the DRM.

      --
      If you were blocking sigs, you wouldn't have to read this.
    32. Re:Morals aside - what's the end result? by Rogerborg · · Score: 1

      Do you buy Coke, Pepsi, or a store brand cola?

      --
      If you were blocking sigs, you wouldn't have to read this.
    33. Re:Morals aside - what's the end result? by Moonpie+Madness · · Score: 1

      Why can't ideas be property? Why is that insane? Seems like ideas are extremely useful and valuable, and good ones might take a lot of work to arrive at.

      You're taking the ether of ignorance and improving it into knowledge or something like that. It's not physical, but it's real. I never understood why people think it's ok to own their car but not their ideas. It's easy to share the ideas that aren't worth much. That's like giving your grass clipping away. You don't have a property righ tto physical property you don't care about and let someone else possess.

      But you don't share your best ideas with just anybody. You might expect your employer to pay for the idea, or you might reserve such ideas for those you love, or you might paint the idea and sell it.

      I see that you recognize that it's good to reward the good idea makers, as you note the tension between the "insanity" of owning ideas and the insanity of a world with far fewer ideas. I know you at least understand the benefits.

      I just don't get why physicality is so relevant to owning something. Even my material things are not permanent. Certainly none would last as long as an earth shaking idea. Thus, ideas are more real than my car and cellphone.

      Just babbling.

    34. Re:Morals aside - what's the end result? by DarkIye · · Score: 1
      inbiggens

      Come on now.

    35. Re:Morals aside - what's the end result? by EdIII · · Score: 1

      Thank You.

      I have been trying to educate people I know, and converse with people online, why DRM is such a complete failure and must be removed. Instead of using profanity laced "sound bites", I have been actively constructing arguments based on legal, ethical, moral, and social ideals and concepts to provide strong evidence that DRM is not good for the consumer, the IP owner, privacy, anonymity, and/or our society.

      "DRM is an under the table extension of copyright terms by the author both in length of the copyright and removal of the end user rights. DRM doesn't know when a work's copyright expires, so this effectively puts the work under an never expiring copyright."

      Those are 2 VERY good observations about DRM's relationship to copyrights. I have copied and pasted that into my file.

      Another good observation, which is not mentioned enough, is that the assumption that new and original work will not be created without keeping the "beast" alive. I find it pretentious and arrogant that we believe that our "entertainment" is so much better than the rest of the world's. People have been creating and sharing creative works since the first caveman painted on a wall. I don't think the caveman was contemplating DRM to protect it or beating the crap out of anybody that looked at it without scratching his balls first either. Our need to do this is universal and part of what makes us human. In some ways, this "beast" dumbs some of us down. We don't try to be as creative as we could be and share it, since it can be seen as pointless. We can lazily rely on the "beast" to entertain us. I guess the best way of saying it is that I feel like it has made us lethargic to do anything ourselves or seek out alternatives to the "beast".

      The world existed before television, and people were not any less entertained or enriched without it.

    36. Re:Morals aside - what's the end result? by Anonymous+Brave+Guy · · Score: 1

      While everything you wrote there seems to be common sense, please remember that we are not currently talking about copyright extension. DRM is primarily about copyright enforcement, or at least a probably futile attempt at it. I am hardly a supporter of Big Media, but unless you think people are pirating content that would have run out of copyright before the extensions but now has not, rather than the latest songs and blockbuster movies of the past few years, I don't think your points are applicable to this particular debate.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    37. Re:Morals aside - what's the end result? by Maxo-Texas · · Score: 1

      I agree that there must be reasonable compensation.

      And it is a challenge when making or creating something costs 50mil but creating a physical copy of it costs $1k computer + $1k per copy.

      The one point i would attack is that the main reason it costs 50mil is fairly high salaries of the workforce when there really is a glut of workers.
      Everyone made a lot less money in hollywood and were still very happy back in the 1950's. The artists made the equivalent of $100k a year plus bennies like free food, free starlets, parties, etc. And they made 3 to 6 pictures a year instead of 1 picture every three years.

      I have stacks of DVDs (purchased) not yet opened because I just don't have the time to watch them yet. So now I'm buying almost 9 months behind the curve and frequently pay $10 at most for movies and recently only $15 a season for series.

      It is not worth my time to pirate at those prices. Even the entire "backup" issue goes away as the price of replacing the item approaches the cost of producing it plus your time.

      There is no point in pirating a $6 movie. There is no point in backing up a $6 movie. So at that point, there is no point in DRM'ing them either.

      I used to work in the Telco business and it finally got to the point where the effort of billing per minute was most of the cost per minute. Once the telco folks realized that, most went to some kind of unlimited plan with simpler billing software and no need to process 35 million billing records any more.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    38. Re:Morals aside - what's the end result? by Anonymous Coward · · Score: 0

      I was just going to say on this note that I still have sketches dating back to grade school days (2nd and 4th grades most notably). And back in those days we DID share stuff a lot, most of the kids who were really good at sketching would give stuff out because 'it wasn't really that good' or 'because you're a friend' or just because somebody really really liked something they'd done and pestered them about it for a week.

      The real problem stems from as people get older they begin realizing nobody else feels that way any more so why should they. And thus unlimited control over works is gained.

      Bummer.

    39. Re:Morals aside - what's the end result? by goldspider · · Score: 1

      People like what you do. You have an audience. Congratulations. That's what you wanted. Oh, you want money? Do us a favour and pick another line of work.

      So you believe all digital works should be produced for free-as-in-beer? Good luck getting people to drink that RMS Kool-Aid.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    40. Re:Morals aside - what's the end result? by tkw954 · · Score: 2, Interesting

      The point is that for a behaviour to be ethical, it has to remain realistic if everyone in society did choose to act the same way.
      Sorry, that definition of ethical is ridiculous. I don't want to be a garbageman, but it wouldn't be realistic if everyone in society also chose not to be a garbageman. Are you saying that my only ethical choice is to be a garbageman?

      Almost everything you do would be unrealistic if everyone chose to do the same.

    41. Re:Morals aside - what's the end result? by u38cg · · Score: 1

      You have some excellent points, but please, "enrichen" is just not a word. Thanks.

      --
      [FUCK BETA]
    42. Re:Morals aside - what's the end result? by lymond01 · · Score: 1

      Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. To never pay is to vote for a world where that work is never produced.

      My issue is less grandiose. I have an iPhone, my wife has an iPod. We like a lot of the same music. Now, we can go out and buy the CD and rip them individually with iTunes (DRM AAC) or Winamp (non-DRM MP3), but that's not really taking advantage of the beauty of the Internet. So we have to pay twice if the song we both want to listen to is only available on iTunes -- something we never had to do before in a single household. So, to take advantage of digital download "I want it now", we need to shell out $2 for every song.

      It's not much money, and in some twisted way it almost makes sense (you pay for convenience), but the thought of paying twice for something in the same family irks me. I suppose it goes the same route as trying to play a higher end PC game head-to-head...you usually need two copies, even amongst family members.

      Ugh.

    43. Re:Morals aside - what's the end result? by deathy_epl+ccs · · Score: 1

      Funny... I work in the game industry as an indie too, and my own experience has not been at all the same as yours. In my own experience, the indie market is better now than it has ever been. It's just a matter of understanding what the market wants.

    44. Re:Morals aside - what's the end result? by jc87 · · Score: 1

      Half-life 2, Doom3, Crysis, ET:Quake wars, etc... all games that started as console games and were ported to pc!

      Wait, what was their original platform again?

      --
      def greetings(x): return {'friend': 'Howdy', 'enemy': 'Dye [sic]'}.get(x, 'g0 4w4y, l4m0r')
    45. Re:Morals aside - what's the end result? by Anonymous+Brave+Guy · · Score: 1

      I don't want to be a garbageman, but it wouldn't be realistic if everyone in society also chose not to be a garbageman. Are you saying that my only ethical choice is to be a garbageman?

      Actually, that's not as far-fetched as you think. If no-one in society is willing to do some unpleasant work, but the work must be done, then yes, I think it's entirely ethical that everyone takes their turn and does their fair share of the work if they're able to.

      In reality, different folks have different abilities and different preferences. In first world countries, we have evolved a system of economics such that this kind of situation is rare (though perhaps a similar situation applies to the ethics of people who are perfectly able to work but choose not to and to live off state benefits instead). However, in less developed societies, often you pull your weight or you become unwelcome. After all, why is your desire to avoid doing some unpleasant but necessary work more important than anyone else's?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    46. Re:Morals aside - what's the end result? by CronoCloud · · Score: 1

      Those are all shooters, which is one of the genres that's keeping PC gaming alive, for now. If you look outside the shooters and RTS's, there's a lot of console to PC ports, a few indie games and games from crappy small Eurpean dev houses too poor to go console.

      Sooner or later even the FPS games will have the consoles as their primary platform. You can see the chages even now, Orange Box (including the new games Portal and Team Fortress 2) was pretty much a simultaneous release over PC, Xbox, PS3 (I don't consider the delay for the PS3 version that significant)

    47. Re:Morals aside - what's the end result? by toiletsalmon · · Score: 1

      I don't understand the logic in your argument. (I believe) You agree with the guy you quoted and commended, so for the sake of my argument, I'm going to include it below as one of your assertions:

      "Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. To never pay is to vote for a world where that work is never produced."

      Under many circumstances, there is no way for the media companies to know whether or not I have seen a given movie, so how can my watching it, JUST the act of watching it have an impact by itself?

      Having said that, I can completely agree with the second sentence. Everyday, I make a statement by deciding to not purchase things that I deem unworthy of my money. When I don't go to see a chick flick in the theaters, don't rent them, and don't buy them on DVD, I am indeed saying "Please, don't make anymore of these types of things!"

      "It's about time a few people around here realised the hypocrisy of advocating piracy as a counter-strategy to DRM. If you don't like the way the material is offered, fine, vote with your wallet and tell people why. That's your right"

      Again, I don't see how piracy is any different from "not buying stuff" _in a strictly financial way_.

      After all, I'm assuming that's what we're talking about because the subject of posting was "Morals aside". Whether the media is "pirated" or "not-purchased", the end result is that the content producers have not gotten any of my money. They have not gotten my "vote" for their media. Shouldn't that tell them that it either a) isn't good enough to warrant my money or b) isn't worth the money they're asking??

      "But watching the films and listening to the music anyway just says you want the stuff but aren't willing to pay for it like everyone else."

      Again, I don't think that has anything to do with the financial aspect of this whole thing. That seems like more of a moral issue.

      Also, please understand that I absolutely believe what I'm saying and live by it. I'm not trying to just be difficult. I believe I have a very interesting DVD collection because I, for the most part, only own my favorite movies on DVD. I pick up the missing ones whenever I get a chance, but all the "other" DVDs I've purchased have been in the category of "why rent it for $4 when I can buy it for $5" and gifts, etc.

      I firmly believe in the "positive reinforcement" model for the content providers by only buying the things I like. They really don't lose any money when I see a movie I didn't pay for because, if it was worth the money they charge, I would have picked it up.

      If there was really such a hard and fast rule about paying and watching being directly related, then I wouldn't have been allowed to watch the first half-season of "Life" on nbc.com yesterday. I didn't pay a dime. I also don't think we'd be able to get music CDs from the library for free if that were true.

      Until they force people to enter into some sort of formal contract, they really can't control what is done with their media in any ways other than propaganda, bullying, lawsuits against "poor" people, and technological trickery. The social holes in their business model are just being exploited more now than they were before. They've always been there though.

    48. Re:Morals aside - what's the end result? by vakuona · · Score: 1

      And what's wrong with shock and awe. I do like my big budget action flicks. I do appreciate the low budget flicks too like Memento and the Usual suspects where the actors take centre stage. But Hollywood is sustained by the big budget movies like Spiderman, Pirates and Lord of the Rings. Enough people watch them to make me think they have a place. If dollars are votes, then those big budget shock and awe flicks are winning.

    49. Re:Morals aside - what's the end result? by jhol13 · · Score: 1

      I do not pirate.

      I am more willing to pirate than buy bluray+tv+amplifier, I do have perfectly OK amp+tv already, I refuse to pay $2000 on new TV just to be able to see HD movies - "torrented" ones do not use HDCP. Therefore DVD's it is.

      BTW, I'm "old school", I like to own, therefore I buy CD's (but not "copy protected"). MP3s just don't have the same "feeling" of ownership. I doubt mp3's have any resale value, CD's do have a reasonable one. Not that I have ever sold one :-)

    50. Re:Morals aside - what's the end result? by sm62704 · · Score: 1

      Ever seen "Star Wreck: In the Pirkinning? It's hollywood's worst nightmare. It's hilarious. It has your "magical Hollywood special effects" that now only need the same kind of PC you have on your desk.

      If they showed it in a theater I'd pay to see it there, even though I've already seen it on my 42 inch TV (s-video out from the computer).

      The world has changed. If Hollywood doesn't want to give their crown to Finland they had better change with the times. The old ways of business are no longer possible with the advent of cheap computers that can do all of the special effects anyone wants to do, and the internet to publicize and distribute them.

      When the environment changes drastically, an organism (or industry) must evolve or die. The carriage manufacturers that didn't go on to become automobile manufacturers died. The vaudville performers that didn't go on to become movie stars went the way of the buggy whip as well. If Holly wood wants to survive it has to figure out a way to live within the new paradigm. The asteroid has hit and the dinasaurs are in deep trouble.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  36. Police yourselves? by Anonymous Coward · · Score: 0

    Maybe I'm naive, but newspapers seemed to make money even though people left a handful of change on top of the papers....

    and the newspaper machines WOULD allow you to take all of the papers, but not many people did, because there were always papers in the machines I bought from...

    at 99 cents a song, it's not much different....the dishonest will be dishonest and continue to be, and the honest will still buy a 99 cent song even though they could get it for free from their friend...just out of fear that someone is watching.

  37. An interesting artifact from the fossil record by earlymon · · Score: 5, Informative
    From http://www.apple.com/hotnews/thoughtsonmusic/

    Apple, Microsoft and Sony all compete with proprietary systems. Music purchased from Microsoft's Zune store will only play on Zune players; music purchased from Sony's Connect store will only play on Sony's players; and music purchased from Apple's iTunes store will only play on iPods. This is the current state of affairs in the industry, and customers are being well served with a continuing stream of innovative products and a wide variety of choices. and also

    Perhaps those unhappy with the current situation should redirect their energies towards persuading the music companies to sell their music DRM-free. For Europeans, two and a half of the big four music companies are located right in their backyard. The largest, Universal, is 100% owned by Vivendi, a French company. EMI is a British company, and Sony BMG is 50% owned by Bertelsmann, a German company. Convincing them to license their music to Apple and others DRM-free will create a truly interoperable music marketplace. Apple will embrace this wholeheartedly. That's from 11 months ago - so please, no sympathy for Sony's actions in this.
    --
    Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
  38. Re:Pick one: DRM or copyright infringement lawsuit by Buelldozer · · Score: 1

    Why do "we", which I'm going to define as society at large, HAVE to accept one or the other? How about if society decides that mechanical reproduction, and sharing, should be essentially free and that money should be made on live performances and original sales of physical media only?

    It's people like you that leave me scratching my head. You have apparently forgotten that it's we, the people who make up society, that decide what the rules (laws) of the land are going to be!

  39. Amazon Music Store Question by GnuPooh · · Score: 1

    When you buy a song from Amazon do you only get to download it the one time? Or do they keep track of which songs you've purchased and allow you do download them again anytime?

    The later would be very nice.

    Thanks.

    1. Re:Amazon Music Store Question by GnuPooh · · Score: 0, Flamebait

      I just checked the FAQ and it says you only get one download. That's too bad. It would be nice if Amazon could keep track of which track you have a license for and allow you to download those songs anytime you like.

    2. Re:Amazon Music Store Question by flyingace · · Score: 1

      You can call CS/email CS and ask for re-download provided your browser crashed or something.
      Also you can click the "Your Media Library" to see your music purchases.

      PS: I work for Amazon ;)

  40. drm blows by yodleboy · · Score: 1

    i ran across the Terminator 2: Judgment Day ultra-mega-super-extra edition at wal-mart recently. $5. I was enticed by the hi-def windows media version of the film included on the 2nd disc. wellllllll. i still can't get it to play. i've tried every dvd player i can download, installed codecs and drm packages, googled. i finally gave up. it refuses to play and usually throws errors about drm this or that. who needs all that crap? it's funny that i can't get a legit movie in a microsoft format to play in a microsoft media player on a microsoft OS. thanks guys.

    1. Re:drm blows by 0123456 · · Score: 1

      "it's funny that i can't get a legit movie in a microsoft format to play in a microsoft media player on a microsoft OS."

      Not really: it was one of the first examples of Microsoft DRM, and refused to play anywhere outside Region-1. If I remember correctly it required access to a license server, which no longer exists.

      So your 'high-def' movie is now just a coaster. That's what DRM does for you.

  41. Re:Sometimes happens by Anonymous Coward · · Score: 0

    You can play straight AAC on iPods as well. Sounds better than mp3, specially at lower bitrates (=128)

  42. Amazon mp3 downloader? by JumperCable · · Score: 1

    Why do I need special downloader software from Amazon.com? Can't I just pay for it & then download the song or album?

    1. Re:Amazon mp3 downloader? by STrinity · · Score: 1

      I believe the MP3s are compressed when you download them and the DL manager uncompresses them for you. It also interfaces with iTunes and adds the files to your library so you don't have to go into the "Add File" dialogue.

      It also helps if you experience a problem while downloading. The way it works, you download a file which tells the DL manager how to get the MP3s. If your connection craps out or Windows crashes in the middle of the download, you only have to open the file and it'll restart the download.

      --
      Les Miserables Volume 1 now up with my reading of
    2. Re:Amazon mp3 downloader? by Anonymous Coward · · Score: 0

      Maybe its the only way they can confirm you successfully downloaded it before burning the url that you used?

    3. Re:Amazon mp3 downloader? by chardash · · Score: 1

      Not that I'm inclined to run executables thrown at me from websites, but even if I wanted to: "the Amazon MP3 Downloader [is only] available for Windows XP or Vista and Mac OS X 10.4 or higher." [1]

    4. Re:Amazon mp3 downloader? by CronoCloud · · Score: 1

      You don't need the downloader to get individual songs, just albums.

  43. Apple could care less by hellfire · · Score: 1

    The iTunes music store is a great motivator to get customers to get iPods. While Apple keeps a tight lid on it's operating expenses, most analysts, and plenty of slashdot "pundits" have said that Apple could not possibly be making any significant profits, if any, on the store itself, it's the hardware they make money on.

    Okay so the iTunes music store becomes less relevant and is less of a selling point for Apple. Was it that relevant to begin with? Apple's next plan? Integration with Safari to download and immediately import new MP3s into iTunes for syncing with your iPod, and that's not hard at all, or perhaps being able to bring up music sites in iTunes and downloading music there. Maybe Apple will "sell" it's iTunes store software to prospective music sites. That would be awesome! We'll have multiple stores, competition in price, and no DRM. OMG, it's too good to be true, I'm so giddy!

    PS: Apple was sued recently. The suit said that Apple had too much power "locking in" the iPod to Fairplay, and not allowing WMA DRMed files. If Sony BMG is dropping DRM, suddenly, this suit has very little meaning. Apple's lawyers are grinning like sharks in a barrel of tuna.

    --

    "All great wisdom is contained in .signature files"

  44. Re:I still want AAC - AAC vs. MP3 by earlymon · · Score: 1

    You introduced cascaded sampling error, so the method was inaccurate to determine anything other than how (digital music -> undersampled -> higher sampled) fared under your particular conditions. Sorry.

    Also, the bitrates for both AAC and MP3 increased since iTunes first went online, isn't that so?

    --
    Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
  45. Mistake..weakening itunes by Danathar · · Score: 4, Informative

    Everybody talks as if Apple dies or thrives on Itunes sales.

    WRONG!

    Most analysts agree and Apple has all but confirmed they make almost NO money on the itunes store. Rather it's just a vehicle to sell more hardware (ipods, iphones, isomethings). Geeks like devices that have lots of options, and we like to crap on the ipod due lack of this or that feature. Normal non-geeks have been buying the ipod and associated devices due to other reasons other than for the the online itunes store. The idea if itunes goes away the ipod will vanish into oblivion is crazy. If Amazon gets bigger than itunes and Apple can still make a player that sells better than the others it's a win-win situation for them.

    1. Re:Mistake..weakening itunes by Tacvek · · Score: 1

      Indeed, in the unlikely event Apple does feel the need to close the iTunes Store due to lack of sufficient sales, I fully expect to see the iTunes software sprout some brand new features for integration with other music stores. Why? Because the nice integration is a selling point for the iPods, and Apple would hate to lose that.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    2. Re:Mistake..weakening itunes by ben+there... · · Score: 1
      Just as Apple doesn't really care about iTMS sales, the music industry doesn't care about iPod sales.

      While what you said is correct, I think you missed GP's point. The music industry doesn't need to drive iTMS into the ground. They just need to wrestle control away from them. If they can sell people what they want (instant downloads usable on their iPods) through Amazon, and people learn to go to Amazon to spend their money, they could care less what happens to iTMS. As long as they're still making money and they're still the ones in control.

      If Amazon gets bigger than itunes and Apple can still make a player that sells better than the others it's a win-win situation for them. Not entirely. Amazon has long advertised iRiver Clix and other portables on their site, just as Apple advertises their own hardware on iTunes. It will make more people aware of the options. Plus there's that whole nasty thing of DRM lock-in from people who actually DO have extensive iTMS collections, which will be lessened over time.
  46. In a word... by TheVelvetFlamebait · · Score: 1

    ... leverage.

    It's their music, they want all the leverage they can get.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  47. It's not about DRM it's about the price by theurge14 · · Score: 3, Interesting

    The iTunes store already has DRM-free tracks available. It's called iTunes Plus and they're 256kb AAC tracks with no FairPlay restrictions. So far the only major taking advantage of this are EMI. Sony BMG could be using this right now if they so desired. Steve Jobs has said so.

    What this is about is that Apple refuses to let the majors set the prices of the singles. One of the major selling points of the iTunes store since it began has been that the single tracks are 99. The majors want to charge more for popular tracks. Apple refused. A similar event already happened with NBC leaving iTunes over pricing control issues.

    Sony BMC will come crawling back to the #3 distribution channel again once their own project fails. A quick Google reveals that Sony has an online store of their own called Sony Connect. Let's see... requires Windows and Internet Explorer. Well, looks like I'm out of luck...no thanks Sony.

  48. crm by simontek2 · · Score: 1

    I can foresee dropping DRM, for CRM.

    --
    SimonTek
  49. Oh the huge manatee! by Nicolas+MONNET · · Score: 1

    but what happens if your favorite action films cost $50 million to make, but suddenly all of the customers have "digital content wants to be free" philosophies?

    From your tone I take it that there must be some drawback that's escaping me?

    Anyway, haven't you watched South Park? When you do that for music, Michel Jackson can't buy his 12th Ferrari. For movies, I assume the governator won't be able to buy his 12th Humvee, nor his reelection.

  50. fail by Anonymous Coward · · Score: 0

    We already dropped DRM from Song BMG's music library ourselves fucking years ago. If anything this is just our changed moving upstream. Unfortunately for them they gave me about ten years to get good at music piracy, so I guess fuck them.

  51. Poison Pill by Beer_Smurf · · Score: 1

    My question is, what is the poison pill in this deal?
    Is Amazon now prohibited from selling non RIAA music?
    I have no faith in their good faith.

  52. Not Quite by Kenshin · · Score: 1

    Betamax - fucked themselves - now deal with VHS gear
    I'll give you that.

    Minidisc - fucked themselves - now deal with CDs
    You're completely wrong on this one. MiniDisc flopped in America. It was HUGE in Europe and Asia. It wasn't intended to replace CDs, but to replace cassette tapes as a recordable medium.

    Also, Sony co-developed Compact Disc with Philips, even if only in the later stages. So you may as well add that to their portfolio.

    Memory Stick - fucking crap - everyone else deals with SD, waiting for them to realize they are fucking themselves
    I don't see them abandoning Memory Stick anytime soon.

    Blueray - nothing exciting - everyone is still basically on DVDs with no incentive to change
    But it is leading the competitor, HD-DVD, by a wide margin.

    --

    Does it make you happy you're so strange?

  53. Now if only... by IBitOBear · · Score: 1

    Now if only we could get them to... in no particular order...

    1) sell lossless formats like FLAC instead of MP3 and then also provide the free down-sample as the customer desires, if they so desire. (I can downsample by my own self)

    2) stop compressing the hell out of all the music so that the CD can be "louder" than its peers. It was truly problematic in the first days of the CD that some CDs were so quiet that you had to turn up the volume to "hiss and spit" to hear the music, but once they got loud enough to represent the sound without requiring the hiss, they could have stopped.

    3) stop bankrolling the DRM in other formats (hello? Sony? Aren't you responsible for BluRay or some such?)

    4) stop doing things that prevent Actual Artists from distributing their music without the corporate tax.

    5) die in a corporate conflagration born of sudden, budding social conscience.

    (Oh, well, I can dream... 8-)

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  54. ironically... by HappyEngineer · · Score: 1

    Ironically, this would not have happened if Apple had been willing to license its DRM to other retailers. Doing that would have allowed other sites besides itunes to sell DRMed music that works on ipods.

    So, it looks like we end up with the best results in the end.

    Now I hope that this sort of thing will catch on with movies. I for one hate (with a passion!) those god damned dvds that have unskippable advertisements. If I get a dvd like that from netflix then I'm absolutely guaranteed not to buy that dvd. In fact, those damned fbi warnings at the beginning of dvds make we want to jump out of my chair and go pirate something purely out of spite for their damn 30 second unskippable warnings.

  55. Re:I still want AAC - AAC vs. MP3 by domatic · · Score: 3, Informative

    I'm curious. What makes LAME "crappy"? I don't know about low-bitrates like 128kbit and lower but I've done alt-preset-extreme VBRs with it for years and those mp3s sound as good as anything else I've heard. Even with decent amps and speakers, they sound about as good as the CDs I made them from. I'll grant the filesize is a tad large but all the music I've been collecting for 18 odd years still fits under 20GB.

  56. Handbrake for Windows doesn't handle CSS by tepples · · Score: 1

    If someone would be willing to use an "unauthorized" patch, then why don't they just use Handbrake now? It's no more illegal, and just as easy! Handbrake for Windows doesn't handle CSS:

    First things first. Handbrake on the Windows Platform does NOT decrypt Commercial DVDs. Let me repeat this. It does NOT decrypt commercial DVDs. A deal between Apple's iTunes business unit and 20th Century Fox would handle commercial DVDs even in iTunes for Windows.
    1. Re:Handbrake for Windows doesn't handle CSS by Anonymous Coward · · Score: 1, Funny

      I didn't even know Handbrake ran on Windows until just now; on a real OS it works just fine In other words, "I'm a smug asshole and you're all inferior to me."
    2. Re:Handbrake for Windows doesn't handle CSS by AoT · · Score: 0, Flamebait

      In other words, "I'm a smug asshole and you're all inferior to me."

      Not all, just the Windows users.

  57. Will they try to bring back albums though? by Jartan · · Score: 1

    This is really the poignant question to me. People can say whatever they want about buying music but if they are simply dumping DRM so they can bring back the old pricing schemes they are just going to piss off paying customers even worse. I assume they aren't stupid enough to try and drop "per song" right away but I seriously doubt they plan to leave things this way.

  58. Horribly uneconomic production? by tepples · · Score: 2, Informative

    but what happens if your favorite action films cost $50 million to make If a film takes $50 million to tell a story, then a lot of Slashdot users would call the film horribly uneconomic at telling this story.

    No more magical Hollywood special effects. There exist a lot of moviegoers who would say good riddance.

    You're not going to see Lord of the Rings get produced under a Creative Commons license. That's more the Tolkien estate's decision than Hollywood's. Besides, I'm not going to live to see a film adaptation The Lord of the Rings with Tom Bombadil's scenes or without inane jokes at the Dwarves' expense get produced under any license.

    Even if the whole business isn't "respectable" by your standards, you obviously respect their work enough to watch it. No. I watch movies because I'm paid to. In my case, the people who pay my rent will stop paying my rent if I do not accompany them to theaters.
    1. Re:Horribly uneconomic production? by bitingduck · · Score: 2, Funny

      No. I watch movies because I'm paid to. In my case, the people who pay my rent will stop paying my rent if I do not accompany them to theaters. Your parents will throw you out of the basement if you don't go to the movies with them?

      That's harsh.
  59. Re:Sometimes happens by IdeaMan · · Score: 1

    Apple is just as monopolistic as the rest of them. Way back it was Apple that was the big evil monopolistic market-domination-by -suing-the-pants-off-of-everyone-making-a-clone company, and IBM was the team player. That changed when IBM shot themselves in the foot by pushing Microchannel. That killed off IBMs market domination and clones ruled the roost for many years (maybe still today?). WinTel became the monopoly, which wasn't so bad because at least it's not one company making both hardware and software. Microsoft got a stranglehold due to lack of competition, (Intel has AMD to keep them from being abusive), and so we now have Apple as the LESSER of two evils.

    The love of money is the root of all kinds of evil.

    P.S. I would be a rabid penguin fanatic if new games would run on Linux, so please don't pigeon-hole me as either Apple or Windows fanboi.

    --
    They ARE out to get you simply because They are in it for themselves and they don't care about you.
  60. better movies, with less cost each by Anonymous Coward · · Score: 0

    We all know that labels screw artists and DRM is bad and blah blah blah, but what happens if your favorite action films cost $50 million to make, but suddenly all of the customers have "digital content wants to be free" philosophies?


    Juno had a budget of $2.5M and to date (after one month in theatres) has grossed $35M.

    How about we make more movies, for less money, that are more compelling then the big budget drivel? If you actually make movies that people like they'll be willing to pay for them.
  61. Re:Sometimes happens by MightyMartian · · Score: 1

    Apple is just as monopolistic as the rest of them. Way back it was Apple that was the big evil monopolistic market-domination-by -suing-the-pants-off-of-everyone-making-a-clone company, and IBM was the team player


    Apple was never in a monopoly situation. Having closed hardware does not make on a monopoly, unless has overwhelming market dominance. Some day you should buy a dictionary and learn what "monopoly" means, because it's clear you have no idea what it is.
    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  62. What??? by AriesGeek · · Score: 1

    Slashdot has changed. If this were on the front page 3 years ago the celebrations would have been massive.

    Hrmph. :)

    --
    Insert offensive troll-style sig here. Please mod or respond appropriately.
  63. Don't get to pick. by Junta · · Score: 1

    In a market full of DRM, you get both. They'll still be copying (because DRM is fundamentally a flawed concept) and lawsuits to 'close the holes'. I find the lawsuits ludicrous, but I'd rather have just them withouth the DRM. At least if they relent to the overwhelming pressures and provide a more fair system by which individual songs may be acquired legally, I would be happy to participate in the market significantly once again (of course, I currently abstain from acquiring music rather than illegally acquire music, as I think abstaining is the correct message to send).

    The question becomes, though, could they cause great legal grief if they discover you have digital copies of a song on some media of yours, and you cannot readily prove how you acquired them? I would think it not possible/reasonable to even try a case unless they have evidence of you providing or acquiring it, but the way those lawyers have been, who knows what they'll try. And the sad fact is they can legally intimidate people into settlements who could defend themselves, but they lack those means.

    --
    XML is like violence. If it doesn't solve the problem, use more.
  64. Re:Pick one: DRM or copyright infringement lawsuit by Anonymous Coward · · Score: 0

    I reject your choices. Eliminate DRM and make it 100% legal to crack by any means. Eliminate all statutory damages for free redistribution of copyrighted works. "Loss of sales" should not be a valid argument in court for damages unless it is a commercial piracy outfit which is making sales of its own.

    I make a living creating copyrighted works, in my case software. The software I make has no real DRM, just a license code which can be trivially distributed to thousands of a person's closest friends by e-mail. My company does not sue people who pirate our products, does not use any real DRM, and does just fine when it comes to making money. These insanely popular musical figures do not need more protection than a small software company.

  65. Why only MP3? by cybereal · · Score: 1

    I had 160kbps MP3 for 2 thousand songs in my early days of ripping my collection. Then one day I got the itch to reencode it all as 128kbps AAC. Not only did the quality improve significantly (the psychoacoustic field has come a long way since MP3) but the size of my library reduced significantly since it was originaly CBR, now VBR and 128kbps instead of 160kbps. So now it's 4 years later and still we're forced to use MP3 from service like amazon. This makes no sense to me at all. I challenge you to find a new media player that is both worth paying for and does not play AAC.

    Why can't amazon sell everything in multiple formats, are they hard up for disk space? Let us choose between 256k MP3 and 256K AAC, and perhaps even 128k of both, all ripped individually from lossless sources.

    --
    I read the script, and I think it would help my character's motivation if he was on fire. -Bender
    1. Re:Why only MP3? by cpghost · · Score: 1

      Why can't amazon sell everything in multiple formats, are they hard up for disk space? Let us choose between 256k MP3 and 256K AAC, and perhaps even 128k of both, all ripped individually from lossless sources.

      This is more or less what allofmp3.com used to provide... to a much more competitive and realistic price tag. The day amazon's service and pricing reaches that level, I'd gladly buy online music once again... a lot of online music by the way!

      --
      cpghost at Cordula's Web.
  66. Great News, But... by Lachlan+Hunt · · Score: 1

    Those of us who are not in the USA can't buy from Amazon's MP3 store, so they're still losing a huge market that will, as a result, continue to rely on file sharing services. I look forward to the day when there are no regional restrictions for digital media download services.

    --
    By reading this signature, you hereby agree with the content of the above comment.
  67. how does this relate to.... by Anonymous Coward · · Score: 0

    Back in 2005, there was discussion about getting Apple to change its ITunes pricing:

    EMI Says Apple's Jobs Will Change ITunes Pricing
    http://www.forbes.com/2005/11/16/apple-emi-itunes-cx_pak_1116autofacescan08.html

    So clearly, if Sony BMG move to using Amazon rather than ITunes, maybe they are going to get the differentiated pricing model that suits the "lots of money for recent hits" model that some people seem to be asking for.

    6 months ago, EMI came out to sell DRM-less songs via ITunes:
    http://lawvibe.com/emi-will-sell-drm-free-songs-on-apples-itunes-music-store/ ...not being an ITunes customer I can't comment about whether the model has varied from the $0.99 per song but it doesn't look like it has.

    Are there any other RIAA cartel members who aren't yet selling DRM-less material?

    The crunch here will be if Song BMG can show that Amazon is more profitable for the labels and still keeps consumers happy than iTunes, it might pull EMI away from iTunes or in the very least give EMI move leverage with Apple.

  68. Cost by Anonymous Coward · · Score: 0

    A penny a song, and I'm there, baby.

    Any more $ than that - it's not worth it.

  69. Good Move by Anonymous Coward · · Score: 0

    As someone who has a Zen instead of an iPod, I can't use iTunes because their DRM is incompatiable with the player. I found Sony music very hard to find on other sites, so if I wanted to get it, I had no option but to download a copy. I didn't do that because I need to keep the player legal, so I just had to use music from other companies.

  70. I don't care about the nuances! by Anonymous Coward · · Score: 0

    And quite frankly, I'm sick of you pushing for a distinction. ANYTHING with Sony in the name gets boycott from me: PC's, electronic devices, movies, music. Furthermore I encourage anyone who will listen (and all the people who trust me for their computer/electronics advice) to do the same.
    The only way for them to get off my permanent ban list is to do a Donald Trump (publicly going "you're fired") to the people responsible for this, so that they serve as a stark reminder to anyone who ever considers doing something like it again.

    1. Re:I don't care about the nuances! by Boycott+BMG · · Score: 1

      The people responsible for this are from the BMG side, because although Sony/BMG have joint ownership, the top executives are from BMG. For instance the CEO Rolf Schmidt-Holtz is from the BMG side. Also Thomas Hesse who made those comments that "Most people, I think, don't even know what a rootkit is, so why should they care about it?" is also from BMG. BMG has always had a crappy reputation and their responsibility should not be minimized.

  71. Yeah right...... by angus_rg · · Score: 1

    $20 bucks in ripped MP3's this is just a social engineering attempt to drop another trojan on your machine.

  72. Why by tirefire · · Score: 1

    Jesus christ what is wrong with people want murder die kill rawr....

    Downloading music from the iTunes Music Store is *NOT* the only way to put music on the iPod, and anyone commenting on this story should fucking know that. Holy shit. Got an mp3 on your computer? Putting it in iTunes, and from there your iPod, is a matter of drag-and-drop. E-Z. Fucking morons.

  73. Customer is always right. by Jackie_Chan_Fan · · Score: 1

    Maybe these media giants will finally learn that?

    Us Geeks know how to do some very cool stuff with media in our own homes with media servers, portables etc...

    Just let us.

    Dont worry, we'll see need to get the music and films somewhere. Most likely from the company that offers them at a fair price, without restrictions, and at the highest quality possible.

    A good product is worth buying... as long as you're not trying to abuse the consumer.

    These companies have been trying to control the consumer, when we the consumer know what we want... and we do not want to be told what to do with our media. We are intelligent enough to invent new ways, and we know what we want.

  74. Slow learners by symbolset · · Score: 1

    But they get it eventually if they're battered with a cluestick hard enough.

    Here's my slashdot journal anti-drm rant from two years ago. Dead horse, me-too journal, yadda-yadda whatever.

    It still holds for video, though. DRM'd content is toxic as far as I'm concerned.

    Did they have to drag out the world's most notorious talking rectum to give the obvious quote? Could they not have Garnered similar insight from any shambling coke zombie on Wall Street?

    --
    Help stamp out iliturcy.
  75. No iTunes, only iPods by MidnightBrewer · · Score: 1

    So the labels move away from Apple's iTunes Store, created to drive iPod sales, and move to other platforms that help them to reach iPod users. How exactly does Apple lose here?

    --
    "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
  76. I dunno where or WHEN do you live... by Anonymous Coward · · Score: 0

    But we saw the rise of the DRM protected content, and they were still doing lawsuit. Now they are dropping DRM protected content , and I don't think the lawsuit will continue forever.

  77. ROW by Ecyrd · · Score: 1

    Of course, the rest of the world is still screwed, because Amazon sells their digital music to the US only. I think you can expect that this DRM-free thingy is temporary until either

    a) Apple agrees to license FairPlay to everyone else, or
    b) WMA players gain market dominance (e.g through cell phones)

  78. Where is all the great, free work, though? by Anonymous+Brave+Guy · · Score: 1

    Since you seem to think about these issues carefully, I will try to argue similarly objectively here.

    Before a start, let me explicitly agree with you that DRM doesn't really serve anyone's interests. Technologically, it doesn't work, or at least not 100%, which is what it would need to do its job effectively against "serious casual" infringement or professional pirates. In terms of market forces, it makes the legitimate copy of a work inferior to what someone could rip illegally from an on-line source, which is obviously not an incentive to buy the real thing. In terms of PR, the whole idea of trying to control content someone has already paid for so that it may not be used in ways that are otherwise legal is an own goal for Big Media.

    That said, I respectfully suggest that your argument about whether content would still be produced in a different environment is based too much on absolutes. The world is not a binary system, where either content is produced and shared or it is not. There are issues of both quality and quantity, and each lies on a continuous, open-ended scale. There is a further issue of distribution, which is to say how many people benefit from any given work.

    It is certainly true that artists have always made art. In particular, it is certainly true that some artists working on commission made a substantial amount of art before copyright existed, and it is also certainly true that some artists make and give away art today. Heck, I've done both myself.

    The question I would ask you is: if we took the pro-piracy arguments to their logical conclusion and effectively abolished copyright, do you really believe there would not be a reduction in the quality, quantity and/or distribution of works?

    I personally find that very hard to believe. If producing and sharing good works was as inherent in human nature as you seem to be suggesting, then would all these volunteer producers not be giving the world such works already?

    If so, then where are the really great films from privately funded, independent producers? Sure, people have mentioned Clerks, but that's one film in several decades of film production, and however good it is, I doubt most people have ever heard of it anyway. Hollywood alone produces several blockbusters a year that millions find entertaining enough to pay to see them, even if any given person might prefer something more artsy and less based on a big name actor, special effects or whatever.

    Where are the free TV dramas that people prefer to The West Wing or 24 or Lost? The sci-fi shows that more people enjoyed than Battlestar Galactica or Stargate — surely a world full of geeks so keen to volunteer their time must have produced one such work? The documentaries that beat Planet Earth?

    What about light family entertainment, say Dancing with the Stars? I choose this example because it's slightly ironic: most of the professional dancers don't get paid that much considering the commitment they have to make to the show, and instead make their money by getting private teaching and demonstration gigs as a result of the publicity. That sounds a lot like it ought to undermine the copyright argument, by showing that good artists can make their money through one-off performances, but without the copyright framework that paid for the show in the first place, how many of those artists could have afforded to take four months out of their calendars speculatively? Pretty much none of them. And even without that, DWTS reaches millions of people, while all those follow-up performances reach only a few thousand combined, so the TV show is meeting the goal of sharing art more widely.

    To give some other examples, where is the freely distributed book that entertains millions of children as Harry Potter has? Where are all the free textbooks good enough to use in schools — surely places that would much prefer to use high quality, low cost alternatives given their ty

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Where is all the great, free work, though? by EdIII · · Score: 1

      I understand your point. I was not trying to argue for the elimination of copyrights or the effect of its elimination, in absolutes. Absolutes would seem to be the problem with the discussions in the first place.

      I was merely saying that somebody trying to argue that elimination, or weakening, of the US copyright system would risk the utter destruction of the industry and cause no works to be created was an "absolutism" itself. Also, pretentious and arrogant since IMO it implies that those societies without it cannot create great works. I could have argued that point better and defined my position more clearly. By referring to our universal nature, I was saying that the need to create would allow us to still create works even in a system that provided zero protections. I further gave my opinion, that in our current state, casual creation of works by people was not likely, since it was far easier to obtain it elsewhere. Meaning, that why would one make up a song with their family, if they could just turn American Idol?

      I agree with you that providing protections creates an incentive for artists to create works, since it will could lead to them being able to support themselves. It takes a unique individual to live a whole life in sacrifice creating great art with no rewards. They does exist, but it is far easier to continue to create great works on a full stomach. Since people like to eat, it is perfectly understandable that most works are not of a free nature. They are certainly more prevalent, then free works. Free works, in most societies, are produced by people that have alternate means to provide for themselves. The probability of this occurring is just less then the probability of somebody making a business out of it. There are notable open source examples of this, since most of those people involved in the projects have lucrative "side" jobs already or are career students. I believe that is why there are so many great scientists and artists in our past that were benefited by being born into privilege.

      I further agree with you that abolishing copyrights would do more harm then good. There may be great quality, but there would certainly be less quantity of it. Distribution would not be so much of a problem, since the Internet could be a great medium reaching many eyes and ears. Rankings and word of mouth would help, but the great stuff would be few with long periods in between.

      I also think that the argument that a world without DRM weakens copyrights to the point it also risks the destruction of the industry is unfounded, for many of the same reasons already stated. That is the argument I encounter most often. The Doom and Gloom scenario that DRM is a technological countermeasure to IP anarchy.

  79. DRM had to happen by darCness · · Score: 1

    to prove it was a failure. Now we're moving towards an era where you have to sell DRM-free music to compete. So it goes.

  80. Don't get involved.... by pandrijeczko · · Score: 1
    ...buy CDs & rip them as you need them.

    And to the critics who are going to flame me:

    1. If you feel CDs have only one or two good tracks on them, then you're listening to the wrong music. It's that simple. Go & look for something new, you'll find it.

    2. If you think CDs are too expensive, then buy online or in second-hand shops. A classic piece of music is usually worth every penny anyway, downloadable music is for "fashion fad" music designed to be thrown away after 6 months when something else more "cool" has come along.

    --
    Gentoo Linux - another day, another USE flag.
  81. Re:Pick one: DRM or copyright infringement lawsuit by compumike · · Score: 1

    You have apparently forgotten that it's we, the people who make up society, that decide what the rules (laws) of the land are going to be! Incorrect. That would be true in a democracy, which this is not and does not pretend to be. The reason the framers of the Constitution rejected democracy (and chose a representative, republican form of government) was because of the "tyranny of the majority". Government exists to protect the negative rights of the minority, too. And the right to property (including intellectual property) is one of those under the 14th Amendment. Removing the protections of intellectual property outright might be convenient for you, and might be convenient for 51% of society, but that's not enough to make it acceptable.

    The rule of the majority in direct democracy, as you propose, must be rejected. For example, I suspect that we could get 50% of the people in a particular city to agree that the government should raid the car dealerships and give everyone a brand new car. But that doesn't make it right for that to happen. You're describing "might makes right", which is not the world I want to live in.

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    Educational microcontroller kits for the digital generation.
  82. Yeah, great, now what about reality. by jotaeleemeese · · Score: 1

    Capitalism is always banging about how great and good greed is.

    But as soon as something that is infinitely reproduceable at very low cost is passed around freely by the proles, then all of the sudden we are told that to follow the path of less resistance based on greed is not good, it is immoral, blah, blah, blah.

    Corollary: greed is good as long as you are not a poor sod without expensive lawyers.

    In the real world you can't put exorbitant prices to a commodity. Bits in a piece of plastic is a commodity. The movie companies thought they had us by the proverbial little ones without realizing that going digital opened the era of plenty.

    Now let me ask one question: would we worse off for not having movies costing $50m + ? I don't think so. "The life of others", winner of the Oscar to best foreign movie, was done with $1m , and it is immensely better than most dross out there.

    So 2 things should happen:

    1.- Movie executives should learn from the music ones: the public does not want to keep their extravagant habits, you will have to cut costs.

    2.- The older distribution model may be dead. Come up with new ideas to make a profit understanding that the free sharing of bits is here to stay. 3D movies may be a start. But most likely services and patronage around movies will be the way forward. And I still want to pay for the cinematic experience, I am sure lots of people will continue to do so, so less reliance on DVDs and other digital distribution methods may become the norm (or not, I would gladly play for an easy way to put a movie in a format I can use freely on my hardware, *any* hardware I own).

    --
    IANAL but write like a drunk one.
  83. Piracy is a smokescreen. by jotaeleemeese · · Score: 1

    Copyright infringement is the excuse to inconvenience the users.

    DRM is a mechanism of control, all the bullshit about piracy is just a badly disguised attempt to make it palatable. ANd people don't like to be controlled and act in consequence.

    The real issue here is the unrealistic expectation of companies going digital with their products, they want to embrace the advantages without any of the disadvantages. Have their cake and eat it as they say here in UKia.

    And very often we are not talking about outright piracy, but just plain inconveniencing of costumers: why shouldn't I be able to buy a DVD, transfer easily its contents to my PC (Linux, Apple, Solaris, Windows, whatever) and from there to synchronize wiht my PDA, my mobile phone or my video player? And why shouldn't I be able to share the digital copy as long as there is no intent to profit from it?

    This should be fucking seamless, it is not technically complicated, but instead of being provided with the tools to do this (at a reasonable price) I am interfered with at each step of the process. And even worst, the companies pushing this down our throats are perverting the deomcratic system by literally buying legislation for their nefarious ends (sorry, but I really don't remember when the popular clamour for DRM was first raised by the people in Western Democracies).

    Sorry, but I sympathize with anybody that can't be bothered to follow the line, in spite of myself having decided to vote with my wallet as you suggest.

    --
    IANAL but write like a drunk one.
  84. Passion vs. Paycheck? Give me a break. by Nerdposeur · · Score: 1

    Just stop calling yourself an artist. An artist wants an audience. Everyone else just wants a paycheck.

    <sarcasm> Right. And a real engineer just loves bridges. And a real teacher just loves teaching. And a real carpenter just loves building. None of them need to get paid for their work, or they are frauds.</sarcasm>

    The fact is that passion for your work and needing a paycheck are not incompatible. I'd also argue that a real artist wants to devote most of his/her time to his/her art - not be stuck doing unrelated work 8 hours a day. It is this passion which drives the desire to make a living at artistic work.

    Again, from a pragmatic point of view, most of the really great artists/musicians you can name have this in common: they made a living from their work. Therefore, they were able to devote most of their energy to doing what they loved, and we all benefit from their increased output.

    Regardless of how the money gets made - sales, patronage, t-shirts, product placement, etc - it's odd to say that, just because a musician or moviemaker's work CAN be copied, and a carpenter's or sculptor's CAN'T, that therefore the musician or moviemaker SHOULDN'T be paid.

  85. Re:Pick one: DRM or copyright infringement lawsuit by Steve+B · · Score: 1

    "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

    In the American consitutional system, copyright and patent prerogatives are a grant of grace from Congress ("The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.") The whole thing could be abolished tomorrow, and it wouldn't infringe anyone's guaranteed rights in the slightest (whether it would be bad public policy is a separate question).

    --
    /. If the government wants us to respect the law, it should set a better example.
  86. Copyright an incentive? Give me a break. by jotaeleemeese · · Score: 1

    Copyright would be an incentive if its terms were strict and short lived.

    On it's current form is the abating of monopolistic practices payed for by media companies via political contributions (bribes by another name).

    Homo Sapiens has existed for 200 000 years, give or take. We did perfectly fine for 199 600 or thereabouts without copyright. Hint: one of the traits of our success as a species was the sharing of ideas. Plenty of ideas developed without it, plenty more would have continue to develop because it is the way we are, we intrinsically want to do things and share them with others.

    Copyright goes against the grain of normal human collaboration. That is fine, but as any social construct, it has to be fair in order to be acceptable.

    People, without realizing or not, have the feeling that they are getting a raw deal and are acting in consequence.

    Any abusive tax (because at the end that is what copyright is, in a natural state of things nobody would have to pay for using somebody else's ideas, people living in more primitive conditions simply don't have such a concept) will be opposed, worked around and avoided by any possible means by many people.

    So is copying illegal? Well, maybe yes, but politicians are been bought to make things illegal. So is it immoral? The people are speaking by their actions, and they are saying it isn't.

    --
    IANAL but write like a drunk one.
  87. Moot point. by jotaeleemeese · · Score: 1

    You could as well are how art and science would develop if aliens landed or if we became pigs.

    We can't know how people would decide to make money out of their creative talents in a copyrightless modern world.

    Buit since you like speculation allow me to speculate, from examples in the past most likely works that are now copyrightable would be created via patronage of some kind.

    So do you want a good book? Somebody powerful would commission it, but by somebody powerful I don't mean only rich people or corporations, unions or cooperatives of regular people could band together for this purpose.

    Lets say JK Rolling would have released her first Harry Potter on the Net, people most likely would have liked it, and many would have requested that she writes a new one, to which she could have put a price *prior* to writing it. Or somebody interested in exploiting the book in new and different ways, could request a new book. Who knows, the possibilities are endless and people, driven by greed, would find ways to make money out of their creative talent.

    As for the movies the process would be similar. Up to a point the process today is pretty similar: everybody and his dog knows what a big movie is all about, so people could pay in advance if they find the idea interesting. Or perhaps all would be advertised supported, in the way "this movie was brought to you by" etc. Perhaps the system would not give to finance $100 million blockbusters, but would we really lost that much if that was the case? I mean is not having Titanic and Jurassic Park really such a great loss?

    --
    IANAL but write like a drunk one.
  88. It is very simple. by jotaeleemeese · · Score: 1

    Property is in principle irreplaceable. Give me the keys of your car. Now you have no keys (and maybe no car). That is property.

    Now give me a good idea to share music. The Internet? Cool. Now you have the idea, I have it also, and I can pass it around. But you still have it.

    Now, tell me how do you stop me sharing the idea, doing things with it, creating new ideas based on it. Well, the only way is creating a social construct enforced by the society.

    Without that you can't do squat about it. Even giving me a beating (in the very remote case that you could survive my mad karate skills) would not extract the idea from my brain.

    Once I have an idea it is mine, any social constructs that abuse the natural state of things are doomed to failure, because they only work if you and I accept that it is fair for you to profit from the idea having occurred first to you, but the moment you want to screw me (with outrageous claims about owning ideas for 100 years and stuff like that) then I will try to go back to my natural right of use any ideas as I see fit.

    --
    IANAL but write like a drunk one.
  89. Then people would band together to finance them. by jotaeleemeese · · Score: 1

    Lets see, 50 000 000 at 10 per head, you would need 5 000 000 people to fork a tenner in advance.

    Is that unrealistic? I don't think so.

    --
    IANAL but write like a drunk one.
  90. Re:Sometimes happens by IdeaMan · · Score: 1

    What I meant to say was that they exhibited the characteristics of companies that are aggressively pursuing or maintaining a monopoly, which is why I used the term monopolistic.
    That said, I could also argue that while it is true that they did not have the monopoly on computers, they did have the monopoly on hardware that would run Mac OS *. If they were to achieve a monopoly on home PCs (i.e. achieve market domination over the clones) we would have a huge problem with the price/performance. Apple would charge ever increasing premiums for PCs because they would be the only company that made them.

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    They ARE out to get you simply because They are in it for themselves and they don't care about you.
  91. Re:I still want AAC - AAC vs. MP3 by nevermore94 · · Score: 1

    I was not calling LAME crappy, particularly the current VBR implementations. The key phrase was "at that time". And, at that time, Fraunhofer was better.

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    Nevermore.