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DRM-Free Music Spells Trouble?

digitaldame2 writes "Many opponents of DRM have been overjoyed at recent efforts to free media from its grip. But PC Mag Editor-in-Chief Lance Ulanoff believes the whole world has gone mad. His view is that our digital economy will collapse this way, and it could be followed by countless others. 'The music industry's moves have been terrified reactions to staunch the bleeding of millions of dollars in revenue down the drain. For maybe a year, music companies thought they had the situation under control, but then album sales tumbled. Retailers, musicians, and some music-industry execs thought DRM was the culprit, and they soon joined the chorus of consumers calling for its head. Now consumers are getting their wish, and the music industry will continue to crumble. Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.'" Is the removal of restrictions from our media really that big a deal?

634 comments

  1. DRM is pointless by PFAK · · Score: 4, Insightful

    Pirates are still going to pirate with or without DRM, and without it at least normal users will have less of a headache getting music on their favourite MP3 Player.

    I don't see what the big deal about removing DRM is, either way the music industry needs to revise their business model, and removing DRM is the first step.

    --

    Free means no restrictions, ironic the FSF's GPL forces restrictions, isn't it? What's your definition of free?
    1. Re:DRM is pointless by Stanistani · · Score: 5, Insightful

      It's not just DRM, although that's certainly a large part. Copyright extension and rigorous enforcement cause trouble, too.

      Indeed, were it not for that, I could quote the lyrics of "Trouble in River City" from Music Man to make my point, provide a link to the MP3 (or Ogg) and maybe someone would download the song and decide to go buy the CD, or even the DVD.

      I'm just a dreamer...

    2. Re:DRM is pointless by d34thm0nk3y · · Score: 5, Insightful

      This idiot fails to realize that labels have been selling DRM free music for the last 20 years. It's called a CD. Funny how the "digital economy" hasn't collapsed yet.

    3. Re:DRM is pointless by The+One+and+Only · · Score: 5, Insightful

      No, were it not for that, you could quote the lyrics of "Trouble in River City" from Music Man to make your point, provide a link to the audio file, and maybe someone would download the song...and the rest of that artist's oeuvre. At least if it goes as far as it sounds like you want it to. That doesn't make money for anyone, although it does give us plenty of free music.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    4. Re:DRM is pointless by jedidiah · · Score: 5, Insightful

      Copyright in it's original form already does that: "gives us lots of free music".

      The only question is the timeframe and whether or not you are going to annoy your paying customers in the meantime.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:DRM is pointless by purpledinoz · · Score: 4, Insightful

      The writer of this article has his head up his ass. The only thing troubled are the big music companies. This guy claims that people will just stop making music because it will no longer be profitable... Is that why Bach and Beethoven wrote music? What will stop is the creation of music for profit, like the Britney Spears and American Idol singers. Music is way overpriced anyway. $10 or $15 for a CD is not reasonable (particularly in poorer countries, where legit CDs are the same price as in the west). The market will choose what the correct price of music is. Not the record companies. If that means the end of the Britney Spears, then I think we're better off. I predict that when the big record companies finally collapse, we will see more diversity in music at a lower price. I don't care if this means the end of rich music execs and millionaire pop stars.

    6. Re:DRM is pointless by Kiaser+Zohsay · · Score: 5, Insightful

      ... either way the music industry needs to revise their business model, and removing DRM is the first step. Remember, there are TWO industries at work here. There is the music industry, made up of writers, musicians, singers, producers, etc.

      Then there is the recording industry. The recording industry is responsible for pressing CDs and putting them on store shelves.

      The recording industry might need a new business model, or it might need to join the buggy whip makers and telegraph operators and just fade into yesteryear. The music industry people never really made much money from CD sales, since the record industry kept the screws so tight with everybody. Performers make their money from concerts (when they don't get screwed by promoters) and merchandise sales, anyway.
      --
      I am not your blowing wind, I am the lightning.
    7. Re:DRM is pointless by fireman+sam · · Score: 1

      "LEAVE BRITNEY ALONE!!!!" You people will never be happy until she is a bald, fat, crazy person who cannot sing and repulses people with her wobbles.

      I love the internet

      --
      it is only after a long journey that you know the strength of the horse.
    8. Re:DRM is pointless by Angostura · · Score: 4, Informative

      Well Beethoven was able to write music only because people like Rudolf Johannes Joseph Rainier Cardinal von Habsburg-Lothringen, Archduke and Prince Imperial of Austria, Prince Royal of Hungry and Bohemia paid him large amounts of money to do so.

      Bach, by contrast was paid to write by (among others) Duke Wilhelm Ernst of Saxe-Weimar.

    9. Re:DRM is pointless by h4rm0ny · · Score: 1


      I also seriously doubt the author is basing his argument on any comprehensive and carefully carried out actual research. DRM free music has been selling very well is the impression I'm getting. And I have £80 right here to purchase music files as soon as Amazon or whoever actually opens up their catalogue in the UK.

      --

      Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
    10. Re:DRM is pointless by jessiej · · Score: 5, Insightful

      And, DRM free music doesn't mean that it's being given away for free. It just means that once bought, people can listen to THEIR music freely. Removing DRM from music essentially makes it more valuable (which is why iTunes decided to charge more for it than music with DRM) and will improve profits of music without DRM.

      The question waiting to be answered is whether or not DRM free music will encourage/facilitate more "illegal" file sharing. My guess is that the affect will be minimal and the appreciation towards the music industry for not tying up purchased music will only increase online sales.

      I for one will never buy music with DRM.

    11. Re:DRM is pointless by cayenne8 · · Score: 5, Insightful
      I also like this guy's quote: "There were reports that many people did pay for Radiohead's album, but I'll be surprised if that's repeated very often. Also, not every band is Radiohead or Coldplay--groups that can make money elsewhere (like concert halls)."

      Excuse me? I think possibly one of the main PROBLEMS with lowered music quality is the fact that so many groups/bands today cannot tour...cannot play their own instruments with any acuity, and require too much electronic 'help'. Geez, people are paying money for acts that do tour...to watch them dance and lip-sync?!?!

      Why can't groups learn to cultivate talent, take it on the road...I'll give Led Zeppelin as an example. They had most of their material for the 1st album ready to go FROM rehearsals, and playing the songs on the road. They recorded their album on their own dollar (Jimmy Page and Peter Grants) because they hadn't even signed with Atlantic records yet.

      And what did they do? They toured....and toured...and toured. They did something like 3-4 tours of the US AND about the same of Europe in their first year out....hell, Led Zeppelin II was pretty much written and recorded while on the road that first year.

      Those guys could play....and they did. They were well known to give 3 hour concerts. Back in their day, they tried to make sure that ticket prices were reasonable. They made sure to try to give the audience what it deserved. From this live presentation....they sold albums, which helped fuel energy for more live shows.

      And look at Zeppelin...they refused to sell singles....although a few came out by the record companies against their will. They made FEW TV appearances...yet, they sold records, and set attendance records.

      I'd have to say....being talented and able to perform live DID have a lot to do with their fame and fortune. I'd like to think it could be replicated for upcoming bands.

      I know there are differences now that make it tougher....music genre's are so splintered now....rather than just 'rock', there are upteen different variations. Radio is consolidated more....etc. But, I have to think if a group was really GOOD, and good live...with music distribution, they could take it on the road and get famous. Where is the next Zeppelin?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    12. Re:DRM is pointless by purpledinoz · · Score: 1

      So you think that Beethoven and Bach grew up learning music for money? I think they got paid as a result of being great composers. They would have been great composers whether they got paid or not.

    13. Re:DRM is pointless by Frank+T.+Lofaro+Jr. · · Score: 4, Funny

      Well she shaved her hair, was committed, and many people hate her music, so all she has to do now is gain weight. :)

      --
      Just because it CAN be done, doesn't mean it should!
    14. Re:DRM is pointless by snowraver1 · · Score: 5, Interesting

      It doesn't matter if there is DRM or not. The music will be "freed" anyway. As has been said MANY MANY times on /. before, DRM cannot work unless both the player and the media are involved and the player is "unhackable" (I use unhackable in "'s because so far, every DRM has been cracked [except BD+] but if you take the xbox360, it is VERY close to being hackproof. Aside from the DVD firmware hack and the two vulnerable BIOSes, it has proved to be hack proof. I can see the next generation of games consoles having the dvd firmware signed too.)

      The reason that DRM is breakable today is because computers are not owned by the content distributors (yet). If said content can be played on a computer, then it can be "freed" by that same computer. If you can play it, somewhere you have an uncompressed, unencrypted stream, that should be able to be exploited.

      Computers, however are being "owned" more and more by "Big Content". Vista's DRM integration, Protected pathways is a prime example of this. How long before noone owns a comptuer anymore and all the computers are leased from a few companies that basically turn your computer into an overpriced [HD]DVD player that plays games and runs Word, in contrast to the current "open" nature of current computers.

      --
      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    15. Re:DRM is pointless by The+One+and+Only · · Score: 1

      Copyright in it's original form already does that: "gives us lots of free music".

      Yeah, I know. The subject of discussion is what would happen "were it not for copyright extension and vigorous enforcement". In other words, copyright in its original form. ("Its" with no apostrophe since it's possessive, "it's" with an apostrophe since it's a contraction of "it is".)

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    16. Re:DRM is pointless by CSMatt · · Score: 3, Informative

      I remember looking on LimeWire a few weeks after iTunes Plus launched for iTunes Plus files to see if they had indeed appeared (searched for 256 kbps *.m4a files). I didn't find any.

      I found lots of AAC files ripped by iTunes users who didn't change the default ripping format (which uses 128 kbps), but none that would have come from the iTunes Store.

    17. Re:DRM is pointless by mwasham · · Score: 1

      What I don't get is why people care so much.. Free music isn't a big deal. DRM it all you freaking want. If it's too much of a hassle just don't buy it. People treat having access to free music like it's a matter of life & death. Trust me on an importance to your life factor of 0-10 it's about a .007.

    18. Re:DRM is pointless by sobachatina · · Score: 5, Insightful

      Sort of.

      A very shallow view of the situation would lead us to think that no one would make any money off the music. But...
      If some of the people that read that post and listened to the music showed it to a few of their friends...
      Then if a few of them wanted to see the movie...
      Then if the artist put up a paypal link...
      Profit.

      It's riskier. The music has to be better. It puts the control in the hands of the consumer rather than the producer. There is little need for behemoth middle-men like music labels.

      I see these all as good things.

      It has been demonstrated that talented artists can make a living doing what they love without DRM. What has not been demonstrated is that labels can survive that way.

      I'm ok with a world like that.

      PS. "The Music Man" is a particularly apt example of the problem and essentially nullifies your point. Almost the entire cast, crew, and musicians involved in it's creation are dead. The only people making money off of it are distributors that made no artistic contribution to it's creation.

    19. Re:DRM is pointless by QRDeNameland · · Score: 5, Insightful

      One thing I noticed in TFA is that he immediately jumps from DRM-free music to giving away all music for free, which I don't think is necessarily inevitable.

      Think about this...it's been something like 7-8 years since the original Napster appeared. What if, instead of the ensuing stonewalling and lawsuits and legislative attmepts to roll back technology, the recording industry had simply created easy-to-use and DRM-free pay-for-download sites? What if they had spent their efforts and resources creating a new music distribution model that served the customers instead of reactionary tactics that had earned them nothing but bad will from consumers? Would they still lose out on sales to piracy via DRM-free media copying? Certainly. But perhaps, had they not destroyed whatever shreds of consumer good will they had, and could honestly say "Look, we gave you, the consumers, the most convenient music distribution system you've ever seen, so we ask you on the honor system not to redistribute our content or swap it with others for free", they might not be facing a customer base that largely considers them scum and would just as soon see them cut out of the picture altogether.

      Maybe I'm wrong, maybe everyone will freeload forever without DRM...but I can't help but think that since 8+ years since "mp3" entered the lexicon that piracy is *still* the most convenient form of digital content distribution, that perhaps the only reason why everything that they do "just digs them deeper" is that they have quite simply fully and completely alienated their customer base.

      --
      Momentarily, the need for the construction of new light will no longer exist.
    20. Re:DRM is pointless by CSMatt · · Score: 2, Insightful

      Except that this model involved payment before the music was made, not after. No amount of file sharing will stop artists from being able to get paid to create music.

      By "artists," of course, I mean good artists. Pop stars will probably go broke with this model, but that doesn't bother me in the least.

    21. Re:DRM is pointless by eiapoce · · Score: 2, Insightful

      maybe someone would download the song...and the rest of that artist's oeuvre. At least if it goes as far as it sounds like you want it to. That doesn't make money for anyone, although it does give us plenty of free music. What about you like it and support the the artist by attending at a LIVE concert??? Why are those getting away with a business model in wich the "artist" only needs to play once in the lifetime and enjoys unlimited copyright?

      Think it as: Can You live on a revenue from works you performed earlier? Should they?
    22. Re:DRM is pointless by Anonymous Coward · · Score: 0

      This guy claims that people will just stop making music because it will no longer be profitable... Is that why Bach and Beethoven wrote music?


      Yes. Also, what is this nonsense you espouse, the "end of making music for profit." The only people who want such a thing are people who have never created anything.
    23. Re:DRM is pointless by Apatharch · · Score: 1

      "LEAVE BRITNEY ALONE!!!!" You people will never be happy until she is a bald, fat, crazy person who cannot sing and repulses people with her wobbles.

      I'm happy.

    24. Re:DRM is pointless by jonbryce · · Score: 4, Insightful

      Even if you have a "hack proof" media player, you can still put a mic in front of the speakers, or run a cable from the speaker socket to the mic socket. That's how people copied things before computers made it a lot easier.

    25. Re:DRM is pointless by cybereal · · Score: 1

      I completely agree with the parent and wish to add another example: Muse.

      I have all of this band's albums, non-DRM, CD distribution. The quality is piss-poor. It's like they recorded it in their garage. But I have seen these guys in concert twice personally, and listened to live recordings. They are phenomenal in concert. While I enjoy listening to the albums, they will never beat the concert experience.

      I'm happy to plop down as much as $150 for two tickets to any Muse show that comes through town. I'll never pay $150 for the same time period worth of recorded entertainment, no matter how it's distributed.

      --
      I read the script, and I think it would help my character's motivation if he was on fire. -Bender
    26. Re:DRM is pointless by Anonymous Coward · · Score: 0

      And all the wailing and gnashing of teeth about them losing x amount of dollars...probably because they spent so much on lawyers?

    27. Re:DRM is pointless by Angostura · · Score: 3, Informative

      They may have been great composers irrespective of whether or not they got paid. Whether they would have had the time to create such an amazing corpus of work, in between having to work as music teachers to pay the rent is another matter. The fact is that most of the historically great artists made their living by being commissioned by patrons. To suggest that remuneration has little or nothing to do with an artist's ability to find the time to create is plain silly.

    28. Re:DRM is pointless by kmarshallbanana · · Score: 1

      Give us a break from you evangelizing. Yes, Led Zeppelin were a great band. There have also been great bands since and continue to be great bands now (eg. Bjork, Rage against the Machine, and The Herd are some personal favs). The idea that great music is not still being made is just bullshit spewed by people who are stuck in their own little 70s timewarp. If you listen out for great music you will find it, those who say its not there are not even trying to find it.

    29. Re:DRM is pointless by Reality+Master+101 · · Score: 1

      Why can't groups learn to cultivate talent, take it on the road...I'll give Led Zeppelin as an example.

      Hell, go back to the biggest of them all... the Beatles. People think the Beatles sprung from the womb as legends, but it wasn't like that. They worked like *dogs* for like four years, playing in dives, doing multiple concerts every night with hardly a day off. They honed their skills for years before they became "THE BEATLES". And even after that, if you look at their concert schedule, it's completely insane. It's no wonder they gave up touring. :)

      On the other hand, you have to say that some of the Beatle's best music was studio-only that couldn't be reproduced very easily on stage (e.g., Day in the Life), so there is room for studio-only music.

      --
      Sometimes it's best to just let stupid people be stupid.
    30. Re:DRM is pointless by CarpetShark · · Score: 1

      Don't you know anything? ;)

      CDs couldn't possibly have destroyed the digital economy -- they were the digital things destroying vinyl, after all ;)

    31. Re:DRM is pointless by Myopic · · Score: 2, Insightful

      Where is the next Zeppelin?

      It's Radiohead. Check 'em out. Also, it used to be Phish.

    32. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Removing DRM from music essentially makes it more valuable (which is why iTunes decided to charge more for it than music with DRM) and will improve profits of music without DRM.

      Yes, I'm sure that price increase had nothing to do with the music being twice the bitrate.
    33. Re:DRM is pointless by lgw · · Score: 1

      Radiohead proved that (estasblished) musicians can make a fantastic amount of money by allowing free download of songs and asking fans to pay what they think is fair. Weren't there about 10 million fans who thought about $6 was fair?

      It's not just live performances and merchendise sales, but the recording industry is becoming marginal in this picture.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    34. Re:DRM is pointless by unixfan · · Score: 3, Interesting

      A few good comments above here.

      The whole problem is related to an outdated business model of ripping everyone off, the labels in other words. I've developed and sold my software for 30 years and could care less about piracy. Actually it makes software known. In the old days dBase was considered to gain much of it market share and recognition initially from piracy, so it seems helpful. It's not like these people would buy from you anyway. Plus it gives legit people a chance to check it out before buying. Now all I do is OSS and I love the model. It's a great facilitator for offering additional services for those who don't want to be bothered.

      The labels are crying piracy because that's what they have been doing for all these years. As musicians in general points out you can't make money on CD's unless you get really big numbers. Then labels don't chase after good musicians or make sure there is quality music available. They are too focused on money to see the forest, so to speak.

      After 20 years the market is saying enough is enough. We are not going to accept DRM on top of it all.

      Mind you these labels actually lobbied for legislation that would allow them to wipe out a computer remotely if they thought it had pirated music on it! No checks or balances, just wipe it!

      That kind of an attitude is entirely in line with their general attitude towards artists. The old saying of knowing others the as you know yourself, or some such, comes to mind.

      If these real pirates were to go out of business I would not come to their funeral. It would however open up the doors for much better labels to spring up. Labels who actually did not just think of themselves but tried to be an asset. That attitude is far more popular with people and would quickly gain foothold.

    35. Re:DRM is pointless by stu9000 · · Score: 4, Insightful

      Your notion of 'music' is limited and dated. Touring and music creation are not inextricably linked. Much great music has been made by artists for whom it isn't economically feasible to tour (independant bedroom producers, huge experimental orchestras). Much music is made now for recorded delivery and can not be meaningfully replicated 'live'. Your idea of music 'authenticity' (i.e. bands who can play instruments well on stage) is confusing music and sport. Your ears tell you what is good music or not. Performance is a different skill altogether.

    36. Re:DRM is pointless by dubl-u · · Score: 1

      To suggest that remuneration has little or nothing to do with an artist's ability to find the time to create is plain silly.

      I think "nothing" is too strong, and I agree full-time artists can create more and better work than part-time ones. But I don't think that's always the case.

      A lot of "full-time" artists spend an awful lot of time managing the business of being an artist. Getting grants, hitting up galleries, promoting their brand, et cetera. It's a frequent complaint that well-known artists may be better self-promoters than they are artists.

      I know a number of very good artists who have day jobs, and it's not clear to me that they spend any less time on their art or produce work of lower quality than the artists who are making a full-time living. Indeed, that they don't care about being marketable gives them a freedom that full-time artists often don't have.

    37. Re:DRM is pointless by dubl-u · · Score: 1


      The big difference between Bach's time and ours is that we're much, much richer. If you live frugally, getting by with a part-time job is perfectly plausible. In effect, the artist can become their own patron.

    38. Re:DRM is pointless by The+One+and+Only · · Score: 1

      Sure, recorded music can generate profit elsewhere, but my contention is that as a product in and of itself it wouldn't. Not that that's a bad thing, just that the market would move elsewhere.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    39. Re:DRM is pointless by Jherek+Carnelian · · Score: 1

      Well Beethoven was able to write music only because people like Rudolf Johannes Joseph Rainier Cardinal von Habsburg-Lothringen, Archduke and Prince Imperial of Austria, Prince Royal of Hungry and Bohemia paid him large amounts of money to do so. So, he worked on contract.
      Musicians today can work on contract too.
      The big difference between now and then is that now the internet is able to bring thousands, even millions, of like-minded people together. If the net can bring them together, surely we can figure out a way for each one of them to toss in a dollar (or a euro) and in order to pay a modern Beethoven large amounts of money too.
    40. Re:DRM is pointless by CastrTroy · · Score: 2, Insightful

      And you only need to do it once. And then you can pass the recorded file on to the rest of the world.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    41. Re:DRM is pointless by HappySmileMan · · Score: 1

      Rage Against the machine broke up years ago, they've played a concert recently but apparently have no intentions of making any new material

    42. Re:DRM is pointless by CastrTroy · · Score: 1

      $150 for a concert? Wow, you have lots of money to throw around. I've been to a few $50 shows, and there were great fun. However, I've never had more fun than I have at $15 shows in a local bar or small concert hall. You get much closer to the band, and it feels a lot more personal. Plus there's plenty of smaller bands who make really good music. And they really get into it also. I never understood why seeing anybody in concert would be worth $150.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    43. Re:DRM is pointless by Anonymous Coward · · Score: 0

      I just want to let you know how fucking retarded you people are who use the phrase "could care less", it makes no fucking sense at all, by saying you could care less, you're saying that you do care, which is clearly not what you wanted to say, so learn to use the fucking english language properly. You could say "couldn't care less" or "don't care", and both would make sense, and you wouldn't sound like a complete retard who struggles to string along a sentence.

      Fairly obvious why i'm posting as AC I suppose. But I just get really pissed off at how much retards use that stupid phrase

    44. Re:DRM is pointless by MidnightBrewer · · Score: 4, Insightful

      One of the upshots of having paid for music is that you may feel less inclined to give it away. Nothing like realizing that other people are taking for free what you actually spent money on to make you want to stop sharing your files.

      Anyway, as has been said often enough, DRM does nothing but create bad customer relations. And while I agree that people have always been able to copy music, they have not always had such mind-boggling ease of access and storage capability. Society as a whole needs to remember that regardless of how they feel about the unfairness of the music industry's charging practices, if you don't pay your musicians, they aren't going to be able to make a living. If it was only so easy to replace DRM with the honor system, we wouldn't be having these discussions.

      --
      "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
    45. Re:DRM is pointless by DannyO152 · · Score: 4, Interesting

      Think of Bach as an open source code writer; his job was to perform and he wrote music to make his performances better - there was no real market for compositions. Beethoven was trying to make a living as a composer. Liszt, not that you asked, wrote showy pieces because his bread and butter was being the badass piano player of his day.

    46. Re:DRM is pointless by thanatos_x · · Score: 2, Insightful

      I think there are far greater things to worry about than the scenario you present.

      First, computers are getting exceptionally cheap. The notion that we'd ever have to lease a computer in the future is fairly bogus (it wouldn't be tolerated by many, especially the /. crowd); Even then there would have to be a huge number of changes (all of which go against what the consumer wants to an extreme degree) to accomplish this; it would have to be impossible to assemble your own computer. This is slightly different in the case of game consoles since they aren't designed to be customizable.

      Concerning computers I don't see Linux going away anytime soon, and it is realistically impossible to place DRM into the OS - most people who use linux do so for the freedom and flexibility it offers. If one distro did it, you can be certain it would die quite quickly. (This also ignores the legal issues with incorporating DRM, almost always proprietary, with linux.)

      Even having said that, I've got a nice monitor and I have no desire to go to HD. Perhaps in the future when 50" plasma screens are the standard I'll reconsider, but most movies aren't make or break based on being HD. Given the popularity of Mp3s you can be even more certain this holds for music.

      Finally, if the environment is such that the consumer silently sits by while this happens, we'll have far greater things to worry about, such as the government.

      --
      I am not an expert. If I am misled in something, please correct me.
    47. Re:DRM is pointless by The+One+and+Only · · Score: 3, Interesting

      I never made any judgments (good or bad) about what that market would be like, just that recorded music wouldn't be a commercial product anymore. I think it's an open question whether that's good or bad.

      Think it as: Can You live on a revenue from works you performed earlier? Should they?

      It's entirely possible that I could, if I wrote a book. (Not likely but possible.) Not that anyone reads books anymore, but it's still possible for successful authors to live off of book royalties. I don't know about you, but I like books and I think authors should get paid for writing them. I'd rather have that somehow tied to how popular the book is in the market, than have that based entirely upon what some rich financier wants to commission, since at least the market would allow for a greater diversity of books and make it more likely that something I would want to read would get published.

      Now, you might say (in analogy to live concerts) that authors should support themselves through public book readings. That's stupid because no one goes to public book readings anymore. Plus, a lot of people who are very good at expressing themselves in the written word are interminably boring in person (in particular, myself.)

      If we want to reverse the analogy, I think we can agree there's some recorded music that, for whatever reason, the bands can't perform live. Maybe the band is pretty awful on stage even though they can record something decent. Maybe the music is too sophisticated for a band to perform live if it's recorded with, for instance, two simultaneous guitar parts recorded by a single guitarist, or multiple layers of vocals. Maybe it's electronic music which wasn't made with instruments at all, so the only point of performing it "live" would be to run the same synthesizer-and-sequencer program over bigger speakers. Maybe some of this music would still exist, maybe it wouldn't, and I don't know how to judge whether it would be a big enough loss to worry about. But it merits greater consideration and more serious discourse than all-capital letters, repeated punctuation marks, and knee-jerk reactions are suited for.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    48. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Who's the bigger fool, the woosher or the woosher who mods him?

    49. Re:DRM is pointless by PeanutButterBreath · · Score: 1

      What will stop is the creation of music for profit, like the Britney Spears and American Idol singers. Music is way overpriced anyway. $10 or $15 for a CD is not reasonable (particularly in poorer countries, where legit CDs are the same price as in the west). The market will choose what the correct price of music is. Not the record companies. If that means the end of the Britney Spears, then I think we're better off. Even the end of music for profit won't stop these media whores. Popular media is driven by the desire of certain people to command more attention than they deserve and the desire of even more pitiful people to idolize someone. Look at how many no-hopers devote their lives to becoming famous.

      There will always be people making good (and bad) music because they a) love to make music and/or b) love an audience. I'm pretty sure there was music before there was a recording industry.

    50. Re:DRM is pointless by cjonslashdot · · Score: 1

      Agree. Inevitably, electronic recorded content will (for the most part) have to be given away free, as promotional, or sold at a very low price (e.g. 99 cents a song or a few dollars for a movie). Electronic recorded content has only existed for the past 100 years. How did musicians make money before that? By performing.... And now with the Internet, it is possible to broadcast a live performance around the world - and eventually people will be able to view these in high quality on cellphones as well as computers. If performers can't make a business model out of that, then something is truly wrong.

    51. Re:DRM is pointless by CastrTroy · · Score: 1

      I think this model will work more than most artists recognize. Instead of saying, you have to spend $10-$15 if you want a copy of my album, say, go ahead and download it, and if you like it, send me whatever amount you think is fair. I don't buy a lot of albums that I think are good, simply because I don't think they are worth the amount they charge. I don't download them either, I just go without, plenty of good cheap music out there. If they gave me the option to get a copy for a price that I thought was fair, then I would be giving a lot more money to a lot more bands. I've never spend as much money on music as I do on eMusic, because I feel that I'm actually paying a fair price for the music.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    52. Re:DRM is pointless by TechForensics · · Score: 1

      And I would like to point out that at his death, Beethoven was distinctly middle-class and Mozart died a pauper.

      --
      Those are my principles, and if you don't like them... well, I have others.
    53. Re:DRM is pointless by morcego · · Score: 2, Insightful

      Perhaps in the future when 50" plasma screens are the standard I'll reconsider, but most movies aren't make or break based on being HD.


      You see, that is something I just don't get, and you are making a good point.

      How good the image of a movie is is very low on my list of priorities. I want a good story. Good actors, good acting. Some nice editing. In other words, the "human" part of movie making. And those things are each day more rare.
      --
      morcego
    54. Re:DRM is pointless by justanoldguy · · Score: 1

      As an old guy who grew up with all the great bands who paid their dues that everyone is talking about here and who held the mic to the speakers to make tapes and who has downloaded "free" music from Limewire and ripped CD's to remove the Apple DRM, I have seen good and bad from the new music business paradigm. Sure, I love the fact that I can get free music, or easily pay .99 to buy a tune legally, but since it is so easy now for anyone to pick up a guitar or to load a Garageband loop and throw it on a MySpace page, it has made a vast ocean of crap that I never had to wade through before.
      Why were the "old" bands so much more talented? One answer was that they practiced more - Gee, why did they practice (or have to pay more dues in clubs) more? Because the only route for them to stardom was through the big labels which while they made a lot of money, they also filtered out a lot of the crap. And those bands stuck with it because they knew the reward for their efforts was so huge. Will the rewards in the future be enough to warrant the effort? Will there be one really great band making a million dollars a year or will we have a million bands all making a dollar a year?
      Sure, every DRM will be hacked and pirates will always pirate, but in the past, the hacks and the pirates were never so prevalent that the whole industry reached the tipping point that we've reached today and I'm afraid, for good or bad we can't go back.

    55. Re:DRM is pointless by The_Wilschon · · Score: 1

      If the commentator on our local classical station is to be believed (and they typically are), Beethoven paid for many of his orchestras out of his own pocket, especially when working on his last few symphonies.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    56. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Satellite's encryption (or is it just DirecTV? I'm not sure) is pretty much undefeated, but mostly because nobody cares.

      And even then, BD+ isn't going to be able to make it. HD-DVD is definately going to come out superior here, simply because the consumer is going to brighten up and see that Blu-ray is just another DIVX.

    57. Re:DRM is pointless by kninja · · Score: 1

      I agree with you. I think the overall end result is that we will have fewer superstars making millions of dollars, and a much larger number of musicians and artists making upper-middle class incomes from their music and performances. The days of the pop star are numbered, if not already behind us.

      It will be a nice lifestyle for those with talent, but we will see fewer pop stars due to the reduced effectiveness of the record label marketing machine. The internet reduced distribution costs by orders of magnitude resulting in a classic business disruption.

      The film industry is lagging behind a little bit, but the writer's strike may reduce the effectiveness of their production and marketing machine, and we may see a similar disruption in film.

      DRM is now irrelevant to their business models (too little, too late), because so much of the back catalogs has been released already. They already gave it away and the disruption is inevitable.

    58. Re:DRM is pointless by Trogre · · Score: 1

      If that means the end of the Britney Spears, then I think we're better off.

      How do you figure?

      I get that you don't like Britney Spears' music. I don't much care for it either for that matter, it's not my style at all. However there are several million adolescents who disagree with both you and myself on that particular subjective point. I'm still pretty sure that media poster-girl has quite a bit more talent than I do, and I'm a pretty okay musician.

      Can you tell us what musicians you like so we can rag on them, please?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    59. Re:DRM is pointless by justanoldguy · · Score: 1

      It's not a question if you could make money or not, you probably can, the question is how much money can you make for the effort you have to exert to make it worth it. To make it worth the thousands of hours of practice and bohemian living conditions. Weigh the old paradigm for a musician of making millions with a lot of middle men doing the dirty work versus the new paradigm of lower pay for having to tour constantly with no help in marketing and promotion.

      How will the music get better under those circumstances? (As a whole, I'm sure there are and will be prodigies out there)

      Is it really better for the control of products to be in the hands of the consumer? Is that how we get our best products by popularity contests? Is that how we got Billy Ray Cyrus, Brittany, or even Presidents?

    60. Re:DRM is pointless by TheVelvetFlamebait · · Score: 1

      I have three words for you:

      Direct Brain Feed

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    61. Re:DRM is pointless by photomonkey · · Score: 1

      This guy claims that people will just stop making music because it will no longer be profitable... Is that why Bach and Beethoven wrote music?

      If by that you mean that Bach wrote music for the sake of doing it, he didn't. Bach, Handel, Mozart, Boccherini and all the others did it because they loved doing it AND because it payed the bills.

      They came from a time when there was no means of distributing music in any form other than sheet (and even that was very limited), and no way of advertising concerts. They played to entertain a very wealthy class of royalty, and were paid commissions by royalty.

      Some came from affluent families and never had too much to worry about money-wise, and others were born and died poor. Not many really became the mega pop stars of today. But they weren't giving it away either.

      John Dowland is arguably the first modern pop star c. AD 1600. Through his letters, it is made clear that he was paid and paid dearly by the courts of James I and a few others, and his music is still respected and played today. In fact, Sting made a great record of Dowland's music on Deutsche Grammophon in 2006.

      Dowland set the standard 400 years ago. Now, there are more people with disposable income and better distribution schemes. Love what you do, sure, but make a killing doing it if possible.

      --
      Message contains 1 attachment: spam.gif
    62. Re:DRM is pointless by modmans2ndcoming · · Score: 1

      Well... Mozart died too young to even make that a meaningful statement.

    63. Re:DRM is pointless by sneakyimp · · Score: 1

      What you fail to realize is that it's easier to email someone an MP3 file (which suffers no quality loss in transit) and copying a record 20 years ago meant making a shitty cassette copy. It's very very different.

    64. Re:DRM is pointless by Iron+Condor · · Score: 1

      I don't see Linux going away anytime soon,

      I don't think it would take much extra lobbying by the various mafiAA organizations to have Linux outlawed under the DMCA. Hey, doesn't even need new legislation -- all is needs is a slight change in interpretation of already existing law: Linux can be used as a circumvention device. Therefore anybody who runs Linux is a criminal. Comes down to the RIAA hoodwinking one single judge into this kind of nonsense and you have a precedent...

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    65. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Exactly All music only exists for money!

      Look at all the songs of the american indians, the Mayan and Aztec songs from the past. No music would exist if they were not paid for it.

      Everyone knows that all ART only exists for money's sake. Picasso was a fricking trillionare for god's sake from the sale of all his art!

      oh wait..

    66. Re:DRM is pointless by elcaptainacho · · Score: 1

      "For maybe a year, music companies thought they had the situation under control, but then album sales tumbled." DRM or not, if the "music industry" releases music worth purchasing, people will buy it. Album sales aren't tumbling because of pirating, album sales are tumbling because there aren't any albums worth 15 bucks anymore. There are few albums even worth DOWNLOADING at this point, but if other pirates are like me, I continue to download new stuff hoping to find an album worth rushing to Best Buy to buy.

    67. Re:DRM is pointless by TheVelvetFlamebait · · Score: 2, Insightful

      Then if the artist put up a paypal link...
      Profit.
      How much profit? How many people would actually donate? How many would say "Screw it, it's my money, he should've charged something"? How many would say "but, there are so many starving children out there"? How many would say "I would if I could be bothered"? How many would say "what's paypal?" And for those who can be bothered to hunt down their favourite artists and throw them some financial scraps, how many of those will be still so fresh-faced after 10 years of inconveniencing themselves just to give away their money? How many children growing up in a world where artists never ask outright with any authority for money would support the artists of their generation?

      The music has to be better.
      No, it has to be more popular (to rake in as many potential donors as possible), it needs to be cheaper (so no movies with any sort of decent budget, for example), and it needs to be distributed in a very limited, very cheap fashion. For example, people with slow (or even without) internet connections would be left completely behind.

      It puts the control in the hands of the consumer rather than the producer
      ... which would come with the inevitable trade-off of less producers, when they get fed up of continually being walked over while they work their backs off for donations.

      It could be absolutely disastrous for our culture, but we really don't know either way. How about a side-by-side study of the two models? We could have artists distributing by the "outdated" method and artists distributing straight to the public domain (if they want to), and compare who ends up more popular? Wait a sec, isn't that what's already happening? No, not really. The people out there who are illegally sharing copyrighted works are muddying up the results. If they stop, we could finally see what culture would be like without copyrighted media.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    68. Re:DRM is pointless by sobachatina · · Score: 1
      Since this whole situation is hypothetical it is impossible of course to prove my point and the balance of proof is definitely in your favor. I fear I may not have been sufficiently clear in my last post. I think that musicians can be successful trusting their fan base to support them and using their music as a product in and of itself.

      The example that I drag out all the time is Jonathan Coulton http://jonathancoulton.com/. He releases all of his music for free and under a Creative Commons license and he asks for donations. He worked for a year producing something every week. By the end of the year he was making enough money from people paying what they thought his music was worth to support himself. It still doesn't prove my point because he tours as well so I can't say if he makes enough from music sales alone.

      I think most musicians are mediocre and musical filler and would have to do something else to make a profit. I hold it as my opinion, however, that the really good musicians could make it work.

    69. Re:DRM is pointless by Anonymous Coward · · Score: 0

      It seems Ulanoff's key phrase is: "I say we're on the road to ruin".
      Who's "we"? Was that who paid the fiddler?

    70. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Computers, however are being "owned" more and more by "Big Content"

      <Sony Rootkit> We 0wn y0ur PC!

    71. Re:DRM is pointless by Anonymous Coward · · Score: 0

      The whole point of DRM is to keep milking those people who you already know to be willing to pay. They understood long time ago that pirates can not be stopped. Instead they focus on getting those people who actually buy music and movies to buy them again and again for each device.

    72. Re:DRM is pointless by cayenne8 · · Score: 2, Informative
      "$150 for a concert? Wow, you have lots of money to throw around. I've been to a few $50 shows, and there were great fun. However, I've never had more fun than I have at $15 shows in a local bar or small concert hall. You get much closer to the band, and it feels a lot more personal. Plus there's plenty of smaller bands who make really good music. And they really get into it also. I never understood why seeing anybody in concert would be worth $150."

      Well, back in my day (and I didn't get to see Zeppelin), the popular touring groups of the day...ZZTop, Rush, Journey, Van Halen, Kansas, Styx....etc.....most of those concerts then were about $15-$20 a ticket. Hell, my first Stones concert in '81 was an outrageous like $40 or so I think....

      You have the high priced shows (I just bought floor tix for Rush in NOLA for $115) today but, they are mostly older groups....some with a HUGE stage show...and they are marketing to the same 'kids' that listened to them in their heyday, except for now, we all have real jobs and careers, and can easily afford said tickets. I'd not expect a current band to be commanding those prices....although with inflation, I'd say a current show today should be about $40 or so a ticket....for a big group...more local stuff...$12-$15?

      I'm with you...I usually prefer the smaller venues...HOB or something is fun...it is fun to be close to the band..catch their eye while jumping and dancing around...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    73. Re:DRM is pointless by deano700 · · Score: 1

      What hasn't been demonstrated is that new artists can establish their careers in a world of freely downloadable content. It's OK for Radiohead and George Michael to try download-only experiments because a) they can afford to release an album that makes no income, and b) they're not trying to establish a career. This isn't to say the DRM helps at all, but there must be some way to protect the artist. I have not seen anyone propose a workable business model other than "funded by advertising".

    74. Re:DRM is pointless by servognome · · Score: 1

      Then if the artist put up a paypal link... Profit.
      So magically the people downloading music and not paying for it are going to start paying? That doesn't seem to be a reasonable expectation.

      It's riskier. The music has to be better.
      No, suddenly every musician has a level playing field and it becomes more difficult to filter the good artists from the noise. There's some good bands on Myspace, but it's a helluva pain to find them.

      It has been demonstrated that talented artists can make a living doing what they love without DRM. What has not been demonstrated is that labels can survive that way.
      What's been demonstrated is that labels will make money any way they can. They will still make money without DRM, just not as much, and artists will still sell out.

      PS. "The Music Man" is a particularly apt example of the problem and essentially nullifies your point. Almost the entire cast, crew, and musicians involved in it's creation are dead. The only people making money off of it are distributors that made no artistic contribution to it's creation.
      Yeah, there's no contribution in getting all those parties to work together, or to get the capital in place to sponsor the project. I agree copyright is too long, but that is a seperate issue from DRM.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    75. Re:DRM is pointless by warrigal · · Score: 1

      It's not so much that iTunes wanted to charge more than the labels wanted differentiation between DRM and non-DRM.

      The iTunes store exists to sell iPods. Apple would have no problems with "free" music as long as it sold more iPods.
      According to all reports the shop barely covers its operating costs.

      As for your not buying DRM'd music, I'm sure Steve Jobs cries himself to sleep each night at the thought.

    76. Re:DRM is pointless by s20451 · · Score: 2, Interesting

      Taking your comment at face value, it would seem that artists who need to support themselves through means other than art would end up producing less. So let's say that's true: file sharing will lead to an overall decrease in the amount of available music.

      Do you think this is an acceptable tradeoff? If so, why? Because I think that's kind of paradoxical: it would mean that culture is suffering so that you can have easier access to culture. And if that's not an acceptable tradeoff, isn't the purpose of the law to rectify these kinds of imbalances?

      --
      Toronto-area transit rider? Rate your ride.
    77. Re:DRM is pointless by sobachatina · · Score: 1

      First of all the picture you paint is inaccurate- the dream of being a musician that makes millions- for most musicians is only ever a dream. With the current system most musicians dream about it and the middle men make the millions.

      I can't answer the question you posed in your post "how much money makes the effort worth it". I have to assume the question is rhetorical.
      My follow up question would be- how worth it is it to the musician to be able to make music?
      Would they make music even if they only made $1 Million? How about $500,000?
      How about if they only made $200,000 and were solidly middle class in most places? Would that still be enough to do what they love? If it isn't enough then let them do something else- be an accountant or even a painter. I'm sure there is someone to take their place to whom making music is worth it.

      How much effort would be required to generate a sustainable, reasonable income? I have no idea, I'm sure it varies according to the talent of the particular musician. If you are saying that the dream of making millions is necessary to get musicians to risk making music- all I can say is that I whole-heartedly disagree.

      As to the popularity contest. I have to admit that I didn't fully understand the point of your last line. I apologize. I'll answer it as I understood it and forgive me if I didn't. I think that, in the case of entertainment, it really is better to have the control in the hands of the entertained. If the entertainers aren't entertaining why are they being enriched as entertainers. With fewer middle men and moderate income expectations from musicians the market could afford a lot more musicians who cater to niche audiences.

      Everyone wins.
      Except the middle men. Who, by the way, are the ones screaming about the whole situation.

    78. Re:DRM is pointless by sobachatina · · Score: 1

      It has and I hope it will be more.

      See my other post about Jonathan Coulton.

    79. Re:DRM is pointless by dryeo · · Score: 1

      Maybe it's electronic music which wasn't made with instruments at all, so the only point of performing it "live" would be to run the same synthesizer-and-sequencer program over bigger speakers.
      Funny enough that this type of music brings the largest audiences when done right. Jean Michelle Jarre http://en.wikipedia.org/wiki/Jean_Michel_Jarre has had concerts with over a million people multiple times. He does throw in some nice light shows though.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    80. Re:DRM is pointless by sobachatina · · Score: 1

      You make good points. A lot of them.

      1) People that aren't paying now won't pay.
      Probably true. Most people that are willing to pirate music now probably still won't care. But a lot of people do care. Enough, I believe, to support musicians.

      2) It's a lot of pain to find independent musicians that you like.
      I agree completely. I also think that this is a problem not unique to independent music. Labels produce a huge body of music that I have to sift through to find something good. Word of mouth has been far more successful for me in finding music I like. This would not necessarily be hindered by the labels going away.

      3) The labels will still make money and artists will still sell out.
      I fear you are right and I hope that you are not.

      4) I have to quote this one:
      "Yeah, there's no contribution in getting all those parties to work together, or to get the capital in place to sponsor the project. I agree copyright is too long, but that is a seperate issue from DRM."
      You are absolutely correct. My rant drifted off topic. However, you slightly misunderstood me. When I referred to those who made no artistic contribution I was referring to the organization today not to the one that originally produced the work. I actually agree with your last point completely.

    81. Re:DRM is pointless by The+One+and+Only · · Score: 1

      Sure, I listen to some artists like that, but a lot of them also have day jobs. Coulton is an exception. Is that a bad thing? Not necessarily.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    82. Re:DRM is pointless by justanoldguy · · Score: 1

      Yes it is a rhetorical question because there aren't any absolutes in the Music/DRM question and people that say DRM is ALWAYS bad or good aren't being honest. Sure there are a lot of middle men who didn't help but I'm sure there are a lot who did help artists - maybe artists who wouldn't have gotten a shot by a fickle public but were given enough encouragement by a middle man and a label who saw potential, just as there were middle men who exploited talented musicians who probably would have been great regardless of a label.

      The popularity contest comment pertains to those situations in which a crowd isn't always right. What's the old line? "Eat dog sh*t, a thousand flies can't be wrong!"

      To me the situation could ultimately become a zero-sum game where the more freedom we have (which is great!) may be offset by an endless sea of mediocrity.

      I guess only time will tell.

    83. Re:DRM is pointless by sobachatina · · Score: 1

      You have said nothing that I can refute. Your description seems to me to be the pessimistic antithesis to mine. You're right that such a system could conceivably end up that way. I only offer it as my opinion that fans, even under the current system, are willing to support the music they love without being forced to.

      Your last paragraph is so insightful I wish I hadn't posted so I could mod it so. (And yes I do see the logical incongruency of that statement.)

    84. Re:DRM is pointless by FLEB · · Score: 1

      I doubt it. One of the benefits of the decentralization and modularization of "Linux", as well as its open-source, editable nature, is that everyone could just change to a distro that didn't have the offending "circumvention device" code/app in it.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    85. Re:DRM is pointless by FLEB · · Score: 1

      What hasn't been demonstrated is that new artists can establish their careers in a world of freely downloadable content.

      The old MP3.com served as a pretty decent counterexample. Without promotion (a wholly evil practice, from what I hear), the consumer just ends up slogging through a sea of crap, guided only by the light of the feedback loop created by people sorting by popularity.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    86. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Even if DRM could be made uncrackable (which is essentially impossible, at least currently) there would still exist the analog hole, which is simply taking whatever audio signals are sent to the speakers (which are analog) and re-digitizing them. You won't get a bit-for-bit exact copy of the original, but if you're using quality equipment, there should be no perceivable difference between the two.

      Once just ONE person has done the process, it's out on the internet DRM-free anyway.

      In short, DRM will never work.

    87. Re:DRM is pointless by dubl-u · · Score: 1

      Taking your comment at face value, it would seem that artists who need to support themselves through means other than art would end up producing less. So let's say that's true: file sharing will lead to an overall decrease in the amount of available music.

      Not obviously. An artist in business for themselves will spend a lot of time on business, unless they're so successful that they can afford a manager and staff. That's a lot of time soaked up, possibly more than a part-time job would require. Heck, it could be more than what a full-time job would require. If 1% of active bands make it that far, I'd be amazed. And I'm sure not even 1% of actors or painters or writers make it that far.

      Just as bad, once you try to live off your art, you are obliged to produce marketable art rather than what you think is best. That presumably leads to less variety.

      Do you think this is an acceptable tradeoff? If so, why? Because I think that's kind of paradoxical: it would mean that culture is suffering so that you can have easier access to culture.

      Even assuming your notion that being a full-time artist leads to more and better culture than being a part-time one, I'm not sure the paradox follows. File-sharing may kill large music companies, but it's not clear that means less total money to artists, or fewer full-time artists. Maybe if there's less over-marketed, over-produced pop, there will be more room for artists, not less.

      As a counter-example, look at software. If the Internet was going to kill anything, it should have been the commercial software industry, with programmer wages taking a steep dive too. But both are doing amazingly well, and it has given us an open-source movement that has hugely enriched us.

      And if that's not an acceptable tradeoff, isn't the purpose of the law to rectify these kinds of imbalances?

      Even supposing you're right down the line, I'd say no, that's not the main purpose of law.

      Copyrights and patents aren't a mechanism for ultimate fairness; they're to encourage investment in creative works. If copyright on personal entertainment materials has become effectively unenforceable without putting ourselves under permanent Orwellian surveillance, then I'd say screw copyright, or at least enforcement of it on end users.

    88. Re:DRM is pointless by kylben · · Score: 1

      So magically the people downloading music and not paying for it are going to start paying? That doesn't seem to be a reasonable expectation.

      The honor system works when both sides are honorable. And most people, even slashdotters, are honorable. There's plenty of evidence that people will pay for what they want if doing so is cheap enough and easy enough. People value the work that others do, and seeing that they get fairly paid for it is part of the cost/benefit analysis that people do when deciding between "legitimate" downloads and "sharing". It's when the creator of the content or his agent is seen as predatory or arbitrarily restrictive that people begin to look for other sources.

      For better or worse, right or wrong, business models based on selling bits are dead, just not buried yet. New ways are going to have to be found to make money from talent, creativity, and hard work, ways that don't rely on selling data exclusively. Free riders will always be a problem, content owners are going to have no choice but to suck it up, and learn to see it as a benefit instead of an attack. They can choose to treat their customers like decent human beings, or like a bunch of back-stabbing thieves - either way, their attitude will, for the most part, be reflected back to them.

      Content sales in the very near future will be done with fewer middle-men, and more with direct relationships. It will be done with fewer restrictions, and more trust. There's already a lot of innovation occurring in business models built that way, just not by the record companies and movie studios.

      --
      Insightful and funny are really the same thing, except one has a punch line.
    89. Re:DRM is pointless by Lunarsight · · Score: 1

      It's not DRM exclusively causing music industry revenue to drop, nor is it the lack of DRM, nor is it piracy.

      It's very simple - record labels act like assholes, suing everything in sight. People get tired of them doing this, and vow to stop purchasing stuff from them.

      That's one reason.

      Another variation - music consumers get tired of purchasing an album with only one good song, which happened to be the goddamn single that they played on the radio non-stop for six months.

      There's another reason.

      To sum up, it's a lack of quality releases from a bunch of corporate bastards that nobody has any sympathy for - that's a fantastic recipe for reduced sales.

    90. Re:DRM is pointless by FLEB · · Score: 2, Insightful

      I see where you're coming from, but you're missing a fundamental concept with intellectual work-- its value is not the worth of an individual copy, it's the worth of the sum of all copies.

      In a society with fair trade, value of a good or service is determined, to a large degree, by the time, effort, or ability (expertise, access to resources) involved in production of that good. In a large part, shelling out money is drawing from a stored representation of your value-- money-- in order to have work done that you don't wish to do. I can't be bothered to taking singing lessons or build a studio, so I'll buy a CD instead.

      Consider the effort in creating an original master recording. The artists involved have to first have the natural or trained talent to be able to compose and perform a listenable work. The value of this prerequisite could be said to be shared among all the artists' works, but it still is a prerequisite. Then, the artist may need to have instruments, and certainly has to have some manner of recording and mastering technology. Then, of course, the artist must have something to eat and a place to sleep.

      This doesn't even cover reproduction, promotion, and distribution of the final product.

      All this is not going to happen for the $12 price of a CD, yet a single CD is priced at $12. How? By virtue of cheap reproduction, the artist can, in a sense time-shift, space-shift, and fragment the effort put into producing the master-- and the value of the performance-- into a form that allows many people to experience their "slice" of the value without having to be there at the same time (which would be the case for a $20 concert ticket, for instance). Since cheap reproduction works just as well for people who haven't put in the expenditure, copyright makes sure that the purchases recoup the value to the proper creator.

      On the other hand, the value of a physical good is much simpler to calculate. The value of one physical good is set by the point at which the buyer would rather pay than do the work themselves. Physical goods need no artificial copyright, because to copy one, the same amount of work and resources must be used as to create the original. Physical existence is its "DRM".

      I would not disagree that the potential value of intellectual work, as set by way of copyright term limits, is higher than it should be. However, this does not mean that all intellectual content should be free or that copyright should be abolished. The concept is sound. The system just needs to be tuned to a more reasonable level. ...

      Also, about your comment regarding a live concert, consider the similar argument: "Why should an artist make more money playing to a sold-out arena than a smaller crowd? The band is doing roughly the same amount of work on stage."

      Even in a concert situation, the true value of the work is subdivided into the individual ticket prices. The event is happening regardless of whether any individual is there, just as a CD is recorded regardless of whether you buy it or copy it, and instead of copyright law, it's trespassing law that forces people to buy in to see the event.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    91. Re:DRM is pointless by griffjon · · Score: 1

      Any game system that doesn't have an upgrade path or eventual hope of being emulated well is not on my wish list; as I'd have really be up a creek without a paddle when my NES Super DodgeBall cartridge finally went to the great dust jacket in the sky..

      --
      Returned Peace Corps IT Volunteer
    92. Re:DRM is pointless by griffjon · · Score: 1

      he immediately jumps from DRM-free music to giving away all music for free

      We call those strawmen arguments 'round here...

      I think you're right. People want a connection to the artist, and don't want to feel like thieves. I paid for Radiohead's In Rainbows album - voluntarily. I do a quick RIAA-Radar search on any CD I want to buy; if it's from a RIAA label, I don't buy it (oddly enough, I want to buy very few big-label albums...)

      --
      Returned Peace Corps IT Volunteer
    93. Re:DRM is pointless by Casualposter · · Score: 1

      Then music becomes "giving the customers what they want" more than "buy this latest stuff we put out."

      What the record labels need to do is build up a reputation for finding and collecting the artists and music that people want to hear and sell it to them in a cheap and convenient format. People will pay to have music that they like brought together into an simple and easy place. The hardest part about music is finding something new that I like. Radio does a poor job of this, but unless I am devoted to downloading and listening to clips of lots and lots of stuff, I just don't have the time to spend on going out and hunting down new music that I would like.

      So if the labels can build a community around music and keep that community happy, they will be able to find away to get that community to pay for the music. It may not be the music, but the convenience of the service. People will pay extra for convenience. Always have. Always will.

      Music easier and simpler than they pirates. Not THAT hard to accomplish.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    94. Re:DRM is pointless by 10101001+10101001 · · Score: 1

      Well Beethoven was able to write music only because...

      Um, no. Beethoven was able to write music because he was a damn good musician. Further, Beethoven wrote music because he wanted to. If deafness could not stop Beethoven, I very much doubt a lack of patrons would have stopped him. Now, would Beethoven be as well known with him writing the music and hearing it in his head but without a piano to play it or a captive audience to listen? Very probably not. But, that's a rather different issue.

      --
      Eurohacker European paranoia, gun rights, and h
    95. Re:DRM is pointless by h3llfish · · Score: 1

      >> That doesn't make money for anyone, although it does give us plenty of free music.

      I think that you and the writer of TFA have missed the point entirely. You're still stuck in the old business model - the one that's dead.

      When you give away free digital copies of the music, you vastly increase the odds that the music will propagate - spread out, like a virus, and "infect" millions of hard drives. It's certainly true that this in and of itself doesn't compensate the people who created the music in any way.

      But a funny thing happens if your files propagate enough: fame. And fame most certainly can be turned into cash.

      Artists can sell T-shirts and other merchandise. A new artist working for a major label might earn just a few pennies (if anything) for the sale of one copy of their CD. From the sale of a T shirt, they can make a few dollars. They can make money performing their music live. And they can license their music to be used for commercial purposes.

      When Radiohead made their newest album available for free online, they still made lots of money. Naysayers pointed out that not every group is a Radiohead. Most small-timers would never make that much money from the release of their music. But those unfamous bands would not have made money with a major label, either.

      In the old days, I used to have to listen to radio and MTV to discover new artists. Thank goodness those days are over. I used to get so upset when I bought a CD for 15 bucks, took it home, and then discovered that the one song I had heard was also the only one I liked. The consumer doesn't have to get shafted like that anymore, and I'm glad.

    96. Re:DRM is pointless by Maestro485 · · Score: 1

      You're absolutely right! I am a big fan of the Dave Matthews Band, although at one point I absolutely hated them. A friend of mine insisted that you have to see them live. I was reluctant, but I figured what the hell, the ticket was free (he had an extra). Since that show, I have gone to every show to come through Pittsburgh in the last 6 or 7 years now, and they always play 2 consecutive days here in the summer, in an outdoor venue. Both shows are just a brilliant display of musical talent and the show is different every night. Over the years I've recommended seeing these guys live to a few friends (some of whom also did not like DMB) and the same thing happened. We literally have 20+ people at this point at each show every summer at $35 a piece (not including ticketmaster's $7 because-we-can charge, but that's a different rant).

      What's more, they let "tapers" in, and I say that in quotes because people bring in digital audio equipment and 20 foot stands for their mics. The recordings that people make are freely redistributable provided you don't charge, and the quality is generally quite good, especially for the more experienced tapers. (Check out antsmarching.org and dreamingtree.org). There are copies of virtually every show they play in a given year. And they still manage to release a handful of live albums and DVD's every year as well (google 'dmb live trax'), many of which I purchase because the quality is brilliant for both audio and DVD. They really do an excellent job of mixing their tracks despite having 6 or more musicians playing different instruments.

      Something similar happened to me when Bruce Springsteen played at a venue I worked at a few years back and I essentially got to watch the show for free. I was never really that into Springsteen and what I had heard was his usual overplayed hits. His show was incredible, over 3 hours long. The next day I went out and bought a few of his CD's and I've been a fan ever since, especially of the dozens of great songs that Clearchannel routinely neglects. I'd love to go to another show but the tickets are impossible to get, at least around here.

      Anyway, great point about touring and being talented. Although I've never had the pleasure of seeing Zeppelin, that 'How the West Was Won' CD and DVD that was released a couple years ago gives me an idea. And ironically, my original DVD player wouldn't play that particular DVD as well as a Dave Matthews DVD I'd purchased, but both worked in a newer one. I guess thats DRM in action.

    97. Re:DRM is pointless by letxa2000 · · Score: 1

      I don't see what the big deal about removing DRM is, either way the music industry needs to revise their business model, and removing DRM is the first step.

      Saying that the industry needs to "revise their business model" is a nice way of saying, "The industry is toast." There's no two ways about it. The recording industry is spiraling down the drain and nothing they can do will stop it. They tried stopping it through lawsuits and laws and it's clear that's not working. So they're trying it the other way with no DRM. That won't work either.

      As annoying as DRM is to consumers, DRM is not the real problem. The recording industry is the problem and they're going the way of the horse-drawn carriage and there is nothing they can do to stop it. Nothing.

      The good news is that once the recording industry dies, we can start focusing on the music industry which will do fine with or without the recording industry and, honestly, with or without DRM--though I think we'll find that it'll be without.

    98. Re:DRM is pointless by aim2future · · Score: 1

      The question waiting to be answered is whether or not DRM free music will encourage/facilitate more "illegal" file sharing.

      My simple guess is that DRM free music decreases "illegal" file sharing. Many people, like me, want to buy music. What is my option if I can not buy DRM free music? My only legal option then is to not buy music.

      I have never, and will never buy DRM contaminated music.

      DRM is Defective By Design

    99. Re:DRM is pointless by servognome · · Score: 1

      It's when the creator of the content or his agent is seen as predatory or arbitrarily restrictive that people begin to look for other sources.
      I think this applies only to a minority. There are those who sample before buying, or who rage against the corporations... but primarily people downloading are looking for free stuff. I would say the /. population falls into such an intellectually motivated minority.

      Content sales in the very near future will be done with fewer middle-men, and more with direct relationships. It will be done with fewer restrictions, and more trust. There's already a lot of innovation occurring in business models built that way, just not by the record companies and movie studios.
      It's been tried before, but time and time again the masses have shown preference to the marketing machine that delivers hype, merchandising, glamour, as well as music/movies
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    100. Re:DRM is pointless by Bassman59 · · Score: 1

      maybe someone would download the song...and the rest of that artist's oeuvre. At least if it goes as far as it sounds like you want it to. That doesn't make money for anyone, although it does give us plenty of free music. What about you like it and support the the artist by attending at a LIVE concert??? Why are those getting away with a business model in wich the "artist" only needs to play once in the lifetime and enjoys unlimited copyright?

      Think it as: Can You live on a revenue from works you performed earlier? Should they?

      Well, if one considers that most artists can't fill stadiums, and most club shows barely make the bands enough money to pay for gas, earning a living just by touring is very difficult.

      Also, what if you live in a city or town that's usually skipped by touring bands? The only way most people can enjoy a band's music is through recordings, not live shows.

    101. Re:DRM is pointless by Mathinker · · Score: 1

      > Almost the entire cast, crew, and musicians involved in it's creation are dead.

      From Wikipedia:

      > Barbara Cook as Marian, and Eddie Hodges ...

      both are still alive (according to Wikipedia). (N.B.: This is a pedantic correction --- this doesn't mean that I believe they should still be profiting from their work after such a long time. Oh, if I'm going pedantic I might as well go all the way: you should have used "its", which is the possessive form of "it", and not "it's", which is a contraction of "it is". Compare with "his" and "he's".)

    102. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Unfortunately with the major label's backing "bad" musicians, those who are actually "good" still don't have a chance because they have no marketing machine behind them. Led Zeppelin was marketed well, despite what you say. You are wrong. I say this as a musician - I guess I'm a bad one.

    103. Re:DRM is pointless by Krneki · · Score: 0

      Frankly I can't wait for this to happen. So finally people will give up on commercial OS altogether.

      --
      Love many, trust a few, do harm to none.
    104. Re:DRM is pointless by zenkonami · · Score: 1

      Are you kidding? Artists shouldn't even be making money on concerts. If we allow people to make money off of live experiences, then we have to consider them making money off of recordings of the live experience. DVDs, MP3s, etc...

      In all seriousness, and trolling aside, this is what I don't understand about the argument that artists should give up making money off of their recordings and just have people pay for live shows. I presume people go to the concert for the experience of the show, but does that mean people do not listen to the recording for the experience of the song? Both are abstractions. The difference is that one is (almost) infinitely replicable, while the other is unique...until one makes a recording of the live show. Now the experience is not the same as actually being there, but it can be reviewed again and again and again.

      I think people believe concerts are "safe." They don't think that one day some idea or technology will come around that will replace concerts with a digital facsimile that's close enough to the real thing that we just won't need to pay the artist anymore, because we can just share the experience.

      And if people don't believe that, then I have an MP3 I'd like to send them (rather than a high fidelity version.)

      I know markets change, and I know that we just have to deal with it and adapt. I don't even object to that. But I think we need to acknowledge that either we're going to come up with a solution that allows artists and creative types to continue making money off their work (and with all due respect to the poster above who was attempting to do just that) or we need to acknowledge that compensation for art is on it's way out.

      --

      Do You Experiment?
    105. Re:DRM is pointless by Anonymous Coward · · Score: 0

      You obviously didn't see her performance at the MTV Music Awards

      http://youtube.com/watch?v=hdhV16_u7ow

    106. Re:DRM is pointless by zenkonami · · Score: 1

      Why can't groups learn to cultivate talent, take it on the road...I'll give Led Zeppelin as an example. They had most of their material for the 1st album ready to go FROM rehearsals, and playing the songs on the road. They recorded their album on their own dollar (Jimmy Page and Peter Grants) because they hadn't even signed with Atlantic records yet. I'm a big supporter of live music because I do enjoy it, but there are many bands that whose art simply exists in the studio. Sure, that leaves plenty of room for mediocrity, but that's no different than the mediocrity in live music as well. Live performance and recordings are two very different artforms. The manipulation of sound, or of verse, or meter...the act of coming up with that stuff is something that I just think deserves some compensation if people are then going to surround themselves with it in their daily lives. It's all well and good that some people have the social skills (and it does take social skills) and musicianship to do it on stage, but some people are just better at building the ship than sailing it.

      That said, I wish Peter Gabriel would finish building his next ship and then take it out to sea...I'd enlist immediately.
      --

      Do You Experiment?
    107. Re:DRM is pointless by dgatwood · · Score: 3, Insightful

      Uncrackable DRM isn't just impossible "currently". It's impossible, period. I like to refer to it as the "Bob is Eve" problem. You want to send a message from Alice to Bob without Eve intercepting it and using it nefariously. The problem is that Eve and Bob are the same person. (I'll let the ACs make the obvious gender jokes.)

      DRM relies on the fundamentally flawed premise that you can give someone a piece of media that requires an encryption key to decrypt that media and then somehow magically prevent them from having the key but still be able to play the media, which, of course, is impossible. Put another way, it's based on the concept of giving them the media and the key but trying to hide the key in some way. While the mechanisms for hiding are getting more and more sophisticated, they are still all tantamount to security through obscurity, and thus the DRM-making emperors have no clothes.

      Even systems that use authorization via a network are still subject to this same fundamental flaw: the unencrypted data must exist on the user's computer (or media player hardware or whatever) at some point, and therefore the encryption key must be there.

      DRM also relies on another fundamentally flawed premise: the premise that preventing the average user from sharing their own content prevents the average user from receiving other people's shared content. Now that's a really critical flaw to understand. The premise is that by stopping my grandmother from sharing a Beethoven concerto with my uncle, he isn't going to be able to get that content in any other way.

      Where this falls down (as you noted) is the "one house, many locks" rule of DRM: once the encryption on a single copy of a song or other piece of media has been cracked, there is no longer any value to having DRM on any copy of the content. As soon as it has been cracked, someone will distribute that cracked copy, and then the DRM no longer serves as a significant stumbling block to obtaining pirated content. In this way, DRM becomes rather like trying to stop a burglar by placing bars on all the windows but leaving the door wide open....

      Finally, DRM is based on the fundamentally flawed premise that users are not buying music because of rampant piracy. If anything, the reverse is true. The popularity of most music was derived solely from airplay on radio stations, from which people recorded songs, copied them for their friends, etc. and if people liked a song enough, they bought the CD/album/cassette. Nothing is different here in the digital age except that we now have much broader access to a larger number of sources of music, and thus are more likely to be exposed to music that we might otherwise not have been exposed to. If anything, this should be driving music sales, not diminishig it.

      So what's really going on?

      • Radio listenership has dropped dramatically over the past decade or so. People basically listen in their cars, and that's about it. People aren't tuning in. Fewer listeners => less exposure => less sales. This drop is particularly dramatic in younger audiences (who, incidentally, make the majority of music purchases).
      • Music downloads via pirate sites are down dramatically as well. Fewer downloads => less exposure => less sales.
      • MTV... dead. When's the last time you actually saw a music video? Yeah, if you have all the way up to MTV8, maybe, :-D but otherwise, you probably aren't seeing much at all. Ditto for VH1 and others. Because the video-carrying channels are in higher-tier programming packages, a lot of people don't even get them, and because they carry fewer music videos, they aren't serving the purpose they used to as far as promotion goes. Fewer viewers and fewer videos => less exposure => less sales.
      • Other music videos on other channels? Gone. There used to be a time when every college TV station would do shows of music videos that they like. Then, the studios started getting tight-fis
      --

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

    108. Re:DRM is pointless by dgatwood · · Score: 1

      Err... diminishing. Sorry about the typo. Mostly asleep.

      --

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

    109. Re:DRM is pointless by kb0hae · · Score: 1

      Well while dropping DRM is a start, the RIAA and MPAA and their members need to totally overhaul their business models. They need to stop producing music CDs with only (maybe)1 or 2 good tracks where the rest of the CD is trash that should never have been recorded (and also produce CDs where the music is not overdriven, and overcompressed). They need to come up with some GOOD and ORIGINAL ideas for new movies, instead of endless sequels to Rocky and Rambo! What the consumers really want is quality content at a reasonable price. The RIAA and MPAA and their members can't seem to get that through their tiny minds. and BTW, I consider anything over $7.00 for a music CD or DVD is unreasonable.

    110. Re:DRM is pointless by tronbradia · · Score: 1

      Actually unless I'm very much mistaken (and this is not to contradict any of your main points), almost every music act makes far more money touring than in CD sales. album sales are marketing for them, they split $2 an album four ways, so if they go Gold that's 500k * .50, so 250k, about enough to live one year with their typical lifestyles, and they often don't even make an album every year, much less a successful one. Albums get artists famous, but touring is their day job. It's what reliably pays the bills. Also, although I agree with you, I sort of think Zeppelin's not really a representative example of the typical band.

    111. Re:DRM is pointless by zenkonami · · Score: 2, Insightful

      So you think that Beethoven and Bach grew up learning music for money? I think they got paid as a result of being great composers. They would have been great composers whether they got paid or not. Yes, actually. It was a career move. They attended schools and were mentored in music and composition specifically so they could make a career of it. Does that mean they didn't enjoy it? No...I think they derived a great deal of satisfaction from it. Much as many modern writers and musicians do.

      There will always be amateurs, and people who do it for the enjoyment of it, but when people hone their skill and craft (often expending an extraordinary amount of time) to such a level that other people desire their works, then those writers and performers should be compensated for their efforts when they deliver.

      To suggest that Bach and Beethoven's attainment of their skills had nothing to do with money is just an example of "Golden Age" thinking. There was no such thing.

      -----------------

      - How is it Slashdot thinks there's money to be made in space, but none in music?
      --

      Do You Experiment?
    112. Re:DRM is pointless by zenkonami · · Score: 1

      And yet that's the trick.

      An artist who is attempting to commercially exploit their work could garner more time to create such work if they are financially successful and can afford to delegate business duties to other specialists.

      The part-timer, on the other hand, are seldom heard from except by a small group of people. There is nothing wrong with local who just likes to play his/her songs at the bars and coffeeshops and share the experience with fellows of like mind.

      But if the part-timer produces something that gets around and is suddenly in high demand, what will he/she do about it? If there's no money involved, they'll be happy their song virally spread to far off lands, and continue playing their local joints, either because it's all they wanted to do in the first place, or because it's all they can afford to do.
      The thing is, if the part-timer would really like to gain a wider audience, he/she has to compete with a very diluted "marketplace" of ideas, which severely limits the possibilities of being heard. The full-timer, on the other hand, can afford to spend time on their craft precisely because they have a wider audience and can continue to exploit that audience.

      My real point is that there is an anecdote for almost every point of view.

      --

      Do You Experiment?
    113. Re:DRM is pointless by MacWiz · · Score: 1

      Is the removal of restrictions from our media really that big a deal?

      It is if you work at one of the corporations that's been making millions of dollars a year to develop "restrictions" that a trained chimp could bypass. Then there are the guys at the labels and studios that have been writing the checks and acting like DRM was going to save their asses by magically altering the basic laws of physics, not to mention rewriting the audio CD standard to require Windows.

      They've operated under the delusion that effective DRM was possible for at least 9 years now. Sunk a lot of time and money into chasing that rainbow.

      It's going to take them a while to let go.

    114. Re:DRM is pointless by zenkonami · · Score: 1

      And we can, except it's a diluted marketplace.

      If Radiohead hadn't made money thanks to prior album sales, how successful could they be by marketing an album as "pay what you like?" They probably would not have made as much as they have.

      If Marllion hadn't been able to build a large and loyal fanbase by selling albums and touring through the 80s and 90s, would they have a large enough fanbase to have their fans prepay for albums as they do now?

      Many of the ideas I see like this are good ideas, but I think it's easy to forget that they are ideas that really only work for artists who have already amassed capital by way of "the old way of doing things."

      It's not impossible, but there are so many bands and artists out there competing for our attention and money, it's difficult to know who to choose...and frankly it's somewhat like politicians. Whoever is able to drum up the money is the politician who gets the most air time and attention, but it doesn't mean they're the best person for the job...nor are the musicians who may come out of nowhere to get ahead necessarily be any better than manufactured pop stars...they may simply be better at marketing themselves. And as our culture shows, once you're at the top, all it takes to stay there is some patience and a little intelligence. If you're a marketing genius, that should be no problem.

      As for the anti-social marketing defects who write and record and perform music that alters our lives...then we just have to hope that they can get their signal out through all the noise.

      --

      Do You Experiment?
    115. Re:DRM is pointless by zenkonami · · Score: 1

      People treat having access to free music like it's a matter of life & death. Trust me on an importance to your life factor of 0-10 it's about a .007. Unless it's your career.
      --

      Do You Experiment?
    116. Re:DRM is pointless by ThirdPrize · · Score: 1

      Sorry, but LOL !!!

      --
      I have excellent Karma and I am not afraid to Troll it.
    117. Re:DRM is pointless by FruitBatInShades · · Score: 1

      I think that what the media (Sony BMG/Warner bros etc) failed to realise is that cd sales have fallen for a number of reason. The main one being quality. I know people who download mp3s off the net, but they are also the same people with huge cd collections. They download a cd first and if they go WOW! they buy it. If they aren't too keen on it then they rarely, if ever play it again. The question then is, is that piracy in the sense of someone stealing just to cheat someone else? All these figures everyone bands about of X billion lost to piracy are generally rubbish. Just because someone downloaded a photoshop torrent doesn't mean they will ever use it more than twice so they would NEVER HAVE BOUGHT IT in the first place. That's the key, its not lost revenue because it would never have been a sale. The media industries need to look at their value again and how their CLIENTS want to use their goods. Up until now physical formats (Betamax, vhs, vinyl, cd, dvd) have meant we all go out re-buy everything we bought before every few years (I'm not 18 ;) in a new format. I've personally bought many films 2-3 times (video, dvd, lost dvd, special edition versions). Digital media that you 'actually own' therefore scares the hell out of the industry. How can they recharge you for a new format or if you lose your disc? So they come up with DRM which says what you may and may not do. Now if they had sensibly made this reasonable they could have had their drm and no-one would have moaned. Lets say, silly idea I know "Upon purchasing this [song|video|film] you are given the right to transcode the media and use it on any device for private viewing/listening whilst its unique id has not been found elsewhere in circulation." Which would encourage people to keep their content to themselves. If a large amount of media on-line they then have a route back to the purchaser (which may be a pirate gang or credit card theft, but at least they have a trail and its a normal crime). They also have a record of who bought what so for a small administration fee (or probably insurance) they can pull up everything I own and let me have it again when my house burns down.

    118. Re:DRM is pointless by RegularFry · · Score: 1

      ...which won't work when the music's watermarked (http://www.google.com/patents?id=J3eBAAAAEBAJ&dq=7,266,697) and all your TPM hardware refuses to play it, or possibly even to record it...

      --
      Reality is the ultimate Rorschach.
    119. Re:DRM is pointless by TheVelvetFlamebait · · Score: 1

      Your last paragraph is so insightful
      Sorry, but I just had to say thank you. I'm always open to positive feedback :)

      Your description seems to me to be the pessimistic antithesis to mine.
      Not really pessimistic, just cautious. I'm perfectly open to the suggestion of major copyright reforms, it's just that to date I've never seen any model that could successfully replace copyright demonstrated on a large scale. If it works better, then we can certainly start using it. It's just that we simply can't afford to dive head-first into an untested model.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    120. Re:DRM is pointless by cb95amc · · Score: 1

      I think Britney Spears is doing a better job of ensuring "the end of the Britney Spears" than anyone else could manage...

    121. Re:DRM is pointless by Steve001 · · Score: 1

      d34thm0nk3y wrote:

      This idiot fails to realize that labels have been selling DRM free music for the last 20 years. It's called a CD. Funny how the "digital economy" hasn't collapsed yet.

      I think that DRM has had the opposite effect, instead of saving the record industry it has hastened its collapse. The reason: DRM is a strong disincentive to buy music from legal sources.

      When Red Book CD (with no DRM) was the standard, I bought a lot of music. Now I buy very little music, and almost none of that small amount from the major labels, and DRM is the major reason.

    122. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Society as a whole needs to remember that regardless of how they feel about the unfairness of the music industry's charging practices, if you don't pay your musicians, they aren't going to be able to make a living.


      When you produce something that is able to multiply and proliferate without your control, the world, as a whole, is your single customer. Think about collecting the payment up front, or else better get out of business. Now, with information-as-product, there is no "test driving": once it is presented, it is out of the cage and gone! If it was broadcast, it is home-recorded. If copies were sold at "end-user" price, they were home-dubbed. You need to sell it
      • while still "in cage",
      • at price for world as a whole
      The problem is, well, that would be certainly a lot of money for a product of unknown quality. Only solution is to start low and build reputation up. Those artists and other producers who already have established reputation and "brand" could switch onto it today! Others may have a long way to go...

      Another problem is payment itself: who will give that much money up front? For one, die hard fans are obvious source. In such system, an escrow account is established and fans can deposit amounts of money into it. An ordered list of contributors is made, which also represents the priority, who gets the product earlier (directly delivered... ultimately, everyone, even those who don't pay the producer, will be able to get to it, eventually, by purchasing or renting a copy, receiving it as a gift, or downloading it from anyone who posts it). This stimulates fans, fan clubs, or even entrepreneurs (you know, ... the professional "pirates") to bid high and perhaps even profit from selling locally the copies they produce themselves. When escrow account balance reaches predefined amount (the price for the world), money is transferred to seller and copies are sent to top contributors, in sequence according to amount of their contribution.
    123. Re:DRM is pointless by eiapoce · · Score: 1

      Well I kinda disagree. I had a wonderful experience in Greece where no-one could recoup revenues from traditional music (The market there is really small) so instead of whining and pushing this "DRM/I cut your hands if you copy a CD/Sue your family to the third grade" all pop stars to make a living do stage live concerts in special venues. They tour the country so each and every major city hosts tours of singers and bands

      Tikets don't come cheap but you have full service including drinks and fruit while you listen to your personal favourite artist. I swear you, this is nothing like sitting on a couch crunching potatoes. Here is a sample of such places (from a mobile phone) http://it.youtube.com/watch?v=LrDGD-Cz_Xs I guess most people here will appreciate the looks of the singer. In this framework the CD is part of the promotion and not the one and only source of revenue.

    124. Re:DRM is pointless by etwills · · Score: 1

      [...]Copyright extension and rigorous enforcement cause trouble, too.

      Indeed, were it not for that, I could quote the lyrics of "Trouble in River City" from Music Man to make my point, provide a link to the MP3 (or Ogg) and maybe someone would download the song and decide to go buy the CD, or even the DVD

      I'm just a dreamer...

      Maybe. But you're not the only one.

      (Oh, wait! ...looks over shoulder nervously, listening for sirens...)

    125. Re:DRM is pointless by somersault · · Score: 1

      I think this more shows the kind of attitude that you have to downloading. I still prefer to support the artists that I enjoy, and until cars come with built in 64GB SSDs and wireless synchronisation to the music collection on my PC, I expect I'm going to keep buying CDs..

      --
      which is totally what she said
    126. Re:DRM is pointless by Snaller · · Score: 1

      "provide a link to the audio file, and maybe someone would download the song...and the rest of that artist's oeuvre. At least if it goes as far as it sounds like you want it to. That doesn't make money for anyone,"

      They don't deserve to get paid over and over - a carpenter doesn't keep getting paid when someone elses a door he has made.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    127. Re:DRM is pointless by Anonymous Coward · · Score: 0

      but if you take the xbox360, it is VERY close to being hackproof. Is that a joke? Because if so, my library of eighty plus downloaded 360 games is quietly laughing to itself.

      The 360 is no less modable ("hackable") than any previous console, whether by software or hardware (mod chips). Honestly, it was cracked mere days after its consumer debut. The fact that the easiest way in was by exploiting various flaws in its design does not otherwise imply that it's practically infallible; it simply means that the path of least resistance was chosen.

    128. Re:DRM is pointless by unixfan · · Score: 1

      Get over it

    129. Re:DRM is pointless by AP31R0N · · Score: 1

      Some restrictions create or protect freedom. For instance, you can go on living because murder is illegal, but you give up the right to kill at will. Social contract and all. There's free and then there is free enough to call it free. It's not an all or nothing proposition. Anywho, i agree with your post. DRM is futile, as is suing old ladies. Free content will not destroy the music industry, but it might mean fewer billionaire execs, and few millionaire artists. It will likely mean that competition for my music budget will be fierce. Let's say we create a server network that hosts every song and remix ever made, it is free and without DRM, and in high quality. The fallout would be the death of distribution chains for music and music as an INDUSTRY. But the artform and artists would be just fine. They can make money touring, they can sell t-shirts and what not. They can sell anything that i can't get at the replicator terminal. Artists/bands would sink or swim based on popularity. If they like you, they'll buy your tickets and gear. It might mean more competition for music dollars. It might mean less Britney Spears.

      --
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    130. Re:DRM is pointless by Lisandro · · Score: 1

      Muse. I have all of this band's albums, non-DRM, CD distribution.

      Shit man. I'm sorry.

      (j/k! :)

    131. Re:DRM is pointless by s20451 · · Score: 1

      Not obviously. An artist in business for themselves will spend a lot of time on business, unless they're so successful that they can afford a manager and staff. That's a lot of time soaked up, possibly more than a part-time job would require. Heck, it could be more than what a full-time job would require. If 1% of active bands make it that far, I'd be amazed. And I'm sure not even 1% of actors or painters or writers make it that far.

      That 1%, or whatever fraction, of artists who practice their art full time includes pretty much all of the artists who are widely considered to be great, and even those considered merely good. It works in the converse too: the vast majority of great or good artists do not have a day job. This suggests that, in order to produce great art, one must do so full time.

      Just as bad, once you try to live off your art, you are obliged to produce marketable art rather than what you think is best. That presumably leads to less variety.

      Go visit some contemporary galleries and modern art museums. If the modern art world lacks for anything, it is certainly not variety.

      Even assuming your notion that being a full-time artist leads to more and better culture than being a part-time one, I'm not sure the paradox follows. File-sharing may kill large music companies, but it's not clear that means less total money to artists, or fewer full-time artists.

      So, now you're arguing that artists will still be able to practice full time, maybe even moreso? Before you wanted to do them a favor by restricting the money supply and making them all work at Starbucks. It seems like you should be opposed to file-sharing.

      As a counter-example, look at software. If the Internet was going to kill anything, it should have been the commercial software industry, with programmer wages taking a steep dive too. But both are doing amazingly well, and it has given us an open-source movement that has hugely enriched us.

      The software industry, as a whole, has essentially nothing to do with the art world. As but one example, artists are generally unable to make money from technical support.

      In general, it seems to me that you have no idea what you're talking about.

      --
      Toronto-area transit rider? Rate your ride.
    132. Re:DRM is pointless by cayenne8 · · Score: 1
      "Also, although I agree with you, I sort of think Zeppelin's not really a representative example of the typical band."

      That's too bad that they aren't typical.....they were typical of their era tho. The famous groups of old did the same thing to get famous, The Stones, The Beatles (in their early touring days), The Who...etc. These groups were talented, and toured their asses off....honed their craft. Often, their promotion was largely SELF promotion too...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    133. Re:DRM is pointless by Hatta · · Score: 1

      Excuse me? I think possibly one of the main PROBLEMS with lowered music quality is the fact that so many groups/bands today cannot tour...cannot play their own instruments with any acuity, and require too much electronic 'help'.

      You're exactly right. Take a look at Nine Inch Nails, studio magic is absolutely essential to his work but he still tours with it, and puts on an amazing show. If you're talented, you can put on a good show, no matter what.

      --
      Give me Classic Slashdot or give me death!
    134. Re:DRM is pointless by Anonymous Coward · · Score: 0

      No, Beethoven and Bach were poor and, at least for the latter, rather unknown during his time (yes, Bach was forgotten after his death, people liked Handel more at the time). Musicians have never been very rich, its a 20th century phenomenon, one that has thankfully passed. Musicians never got rich, not even when their money came top down, not bottom up. Furthermore, these were composer/performers, a paradigm that died with the phonograph (which resulted a paradigm killed not killed until the liberation of media delivery).
      Wake up.

    135. Re:DRM is pointless by Anonymous Coward · · Score: 0

      And Vista is pointless if DRM doesn't stick. Not that pc mag has a vested interest in how that turns out. Nah not at all.

    136. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Yes, before distribution companies, musicians (and even artists) simply had patrons who supported them.

      It may not be a terrible model to return to, except much like sports stadiums, corporate patrons may want to brand their musicians.

      Gilette's ZZTop

      PetSmart Snoop Dog

      Coldplay brought to you by IcyHot

    137. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Unfortunately the flipside is also true - Mozart struggled much of his short life to get paid for his music, falling into to an early grave as a pauper. Arguably one of mankind's greatest musical tragedies.

    138. Re:DRM is pointless by Hatta · · Score: 1

      That's funny, cause there was just a segment on NPR this morning about a Beatles cover band who focuses on the later music that people never thought could be performed live. And for that matter Phish used to play A Day in the Life as a set closer.

      --
      Give me Classic Slashdot or give me death!
    139. Re:DRM is pointless by Hatta · · Score: 1

      You should check out a real jam band sometimes. You'll hate Dave Matthews again.

      --
      Give me Classic Slashdot or give me death!
    140. Re:DRM is pointless by TheGreatGraySkwid · · Score: 1

      I am so thrilled not to live in your tiny musical world. Some of the greatest artists around, IMNSHO, can make an excellent concert out of pushing a few buttons; and indeed, may have little choice, as oftentimes much of their music is generated by computers. I've paid good money to see such performances, and doubtless will many times to come.

      --
      The Humblest Mollusk on the Net
    141. Re:DRM is pointless by Geoff-with-a-G · · Score: 2, Insightful

      Even if you have a "hack proof" media player, you can still put a mic in front of the speakers, or run a cable from the speaker socket to the mic socket. That's how people copied things before computers made it a lot easier.

      Absolutely true, the analog hole will always be there, but we're losing perspective and going around in circles here. Their real goal isn't to make perfectly hack proof DRM, any more that my goal is to have a perfectly impenetrable security barrier around my house. Sure, there are lock picks, but that doesn't mean I'm not going to lock my door. Sure, even if I get a burglar alarm, there are crafty thieves who know how to hack it or bypass it, but that doesn't make it worthless.

      The key point is at the end of your sentence - "made it a lot easier". In the olden days, if you wanted to pirate your buddy's 100 album collection, you had to spend 100 hours at a tape deck, and even that made them nervous. Now you click "copy" on the folder and wait a minute or two for the files. The goal of all this DRM crap is to make it difficult enough to copy stuff such that the average consumer won't bother to, and they will just buy their own music.

      Of course they don't always succeed at that goal, and of course they make legitimate use cumbersome and frustrating in the process, but to assert that their goal is to make hack proof DRM, and that therefore it's pointless, is either foolish or disingenuous.
    142. Re:DRM is pointless by Maestro485 · · Score: 1

      Come on, no need to be a dick about it. Throw me a few bands and I'd be glad to.

    143. Re:DRM is pointless by Paul+server+guy · · Score: 1
      Um, Actually, Johann Sebastian Bach http://en.wikipedia.org/wiki/Bach and Ludwig van Beethoven http://en.wikipedia.org/wiki/Beethoven were sponsored by wealthy patrons, and sold their music. They indeed DID make money, and in many cases a great deal of money. So, Profit was indeed a motivator.

      BUT other than that, I agree with you...

      --
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    144. Re:DRM is pointless by Doctor+Faustus · · Score: 1

      The music industry is dying because of a pattern of abuse---because of all the things the industry has done in the last decade to tighten their control over music distribution.
      Those are certainly contributing to the decline, but I think DVDs have taken a big bite out of music sales, too. Movies have simply gotten to be a better entertainment deal than music unless you're really into music or too busy to watch movies much.

    145. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Agreed. Apple does DRM free right. By including your name, you can't torrent it, but you can put it on multiple computers you own, your mp3 player, your iPod, etc.

    146. Re:DRM is pointless by Doctor+Faustus · · Score: 1

      You get much closer to the band, and it feels a lot more personal.
      Work for a smallish company that has season tickets at your local big venue (hint: anyone with advertisements there probably has season tickets). Employees probably get a crack at whatever clients aren't interested in, and the seats should be *very* good.

    147. Re:DRM is pointless by Anonymous Coward · · Score: 0

      Yep, I have over 12 gig of DRM-free music on my iPod and the artist, record label, etc. all benefited from me when I bought the CDs. If everybody chose my method of avoiding DRM, there wouldn't be a market for DRM but many people choose to buy their albums one song at a time so DRM exists.

    148. Re:DRM is pointless by Doctor+Faustus · · Score: 1

      Excuse me? I think possibly one of the main PROBLEMS with lowered music quality is the fact that so many groups/bands today cannot tour...cannot play their own instruments with any acuity, and require too much electronic 'help'.
      You and I have completely opposite ideals here. Why is it a problem if a band can't tour (as long as they don't try to, anyway)?

      If one guy can make great albums, all by himself, but can't play with other people, is too shy to play in front of a live audience, or can't stomach the risk of quitting his day job to tour, an ideal world would let him make a decent living doing that. On the other hand, if a group is good enough live that the memory makes listening to their CDs better after you've seen them (say, Opeth), that should be rewarded, too.

      Where is the next Zeppelin?
      By your criteria, I'd say Metallica.
      I usually think of Led Zeppelin as standing out by being hugely overrated, in which case their successor would be U2.

    149. Re:DRM is pointless by HiThere · · Score: 1

      You aren't talking about value. You're talking about cost, or perhaps price. Or maybe sometimes cost and sometimes price. Those are nearly orthogonal to value.

      Price is what you pay. Cost is what is paid during production. Value is what you get out of it.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    150. Re:DRM is pointless by Em+Adespoton · · Score: 1

      Actually, combined with your observations, the GP makes a good point.

      Imagine this scenario: Music reverts to being a cultural artifact and is provided alongside advertising.

      End result for the RIAA companies:

      Start your own TV Show where people get to watch "music artists" compete to come up with the best track/album. Provide all the resulting tracks for free download on your site, which has official sponsors and ads for stereo equipment, headphones, MP3 players, etc.

      Profit!

    151. Re:DRM is pointless by Jherek+Carnelian · · Score: 1

      It's not impossible However, effective DRM is. Sooner or later the monopoly-on-distribution-channels business model will fail.

      they may simply be better at marketing themselves Which, artistically, is absolutely no different from the current marketplace today.

      As for the anti-social marketing defects who write and record and perform music that alters our lives...then we just have to hope that they can get their signal out through all the noise. Kind of like the way all of us struggle (or don't) to succeed in our chosen professions.
    152. Re:DRM is pointless by rant64 · · Score: 1

      Just wait until somebody invents 'HDCP compliant audio devices' and your player will only send digital, encrypted content out that same socket. They've done it to display devices, audio may not be very far behind.

      I'll shut up now.

    153. Re:DRM is pointless by snowraver1 · · Score: 1

      What do you have to say about the xbox360? I look at that box as being VERY successful in thwarting priacy. The physical media can be copied with data dumps, sure, but that dump cannot be played (unless the DVD firmware is updated). The xbox is an example of a DRM system that actually works. By making only one device that can play the content, and having that device only play genuine, signed software, you have a very workable DRM model.

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      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    154. Re:DRM is pointless by dotancohen · · Score: 1

      Removing DRM from music essentially makes it more valuable No, adding DRM to music makes it _less_ valuable. Subtle difference there.
      --
      It is dangerous to be right when the government is wrong.
    155. Re:DRM is pointless by a_nonamiss · · Score: 1

      Beethoven and Bach were paid to write music, but they did not get royalties each time it was performed. Nor did the person who commissioned it. Nobody at the time would have considered it stealing if some other orchestra performed their works. In fact, they would have most likely been honored. (Assuming it was performed well... Beethoven was a notorious perfectionist when he still had his hearing, and WOULD have taken offense if someone butchered his work.)

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    156. Re:DRM is pointless by dubl-u · · Score: 1

      That 1%, or whatever fraction, of artists who practice their art full time includes pretty much all of the artists who are widely considered to be great, and even those considered merely good. It works in the converse too: the vast majority of great or good artists do not have a day job. This suggests that, in order to produce great art, one must do so full time.

      You've got correlation mixed up with causation here. Great artists (or at least popular ones) can live off their art because people support them. That was true before the modern music industry, and it will be true after. Take a look at Radiohead's "In Flowers" for a suggestion of what's to come. Nobody had to pay a dime, but Radiohead made $6m in the first month. And when they got around to selling the physical album, it hit #1. File sharing does not seem to have hurt them.

      And you're also ignoring all of the potentially great artists who never got official blessing from the gatekeepers in their respective industries. A modern example is the Pulitzer-winner John Kennedy Toole, who we just barely heard about, and only after he killed himself in despair. Reducing the cost of distribution to zero makes a much greater volume of creative work available, and could well increase the amount of great work available. Perhaps with his work on the Internet, somebody would have noticed Toole's talent while he was alive.

      But the most obvious flaw in that argument is the number of artists with great first novels, albums, or films. Those people couldn't be living off of their art, but yet they still create.

      So I think we agree that great artists who can live off their work could produce more great work, and I'm sure some do. But I don't think you can use that to draw any particular conclusions about the effect file sharing would have on the amount of great art.

      Go visit some contemporary galleries and modern art museums. If the modern art world lacks for anything, it is certainly not variety.

      And given that is the least industrial of the major arts, and the one where copyright matters least, doesn't that suggest something to you? Commercial radio, on the other hand, is the one where copyright matters most, and I hear no end of complaint about the lack of variety there.

      Even in contemporary art, any working artist will tell you that it's hugely driven by trends and fads. If you are trying to make a living off of it, you definitely face choices about making marketable work versus the work you want to make. The only ones who escape that are the very successful and the very lucky.

      The software industry, as a whole, has essentially nothing to do with the art world.

      Nothing at all. Well, except that it is the creative industry most affected by changes in digital distribution and most prone to the piracy that you're worried about ruining art. Other than that, nothing.

      Before you wanted to do them a favor by restricting the money supply and making them all work at Starbucks. [...] In general, it seems to me that you have no idea what you're talking about.

      If you want to have an actual discussion, go for it. If you'd like to be a dick, find somebody else.

    157. Re:DRM is pointless by Hatta · · Score: 1

      DMB just gets shit cause he's commercial, which is kind of antithetical to the exploratory nature of jam, nothing personal. But as for the good stuff I'm sure you don't need me to mention the Grateful Dead and Phish. Others include the String Cheese Incident, Umphrey's McGee, Yonder Mountain String Band, and the Steve Kimock Band. There's a lot more where that came from too.

      --
      Give me Classic Slashdot or give me death!
    158. Re:DRM is pointless by dgatwood · · Score: 1

      I never said a company couldn't break their device to make it hard to use burned media. A DVD player manufacturer could require some magic bit in the unwritable part of a DVD and refuse to play any burned content, too. That doesn't mean that the content itself is protected by doing so. You could still rip it and view the content on a computer. The only thing stopping that with the XBox is the lack of any device that is both compatible with the software in question and supports unprotected content. If someone writes an emulator for the 360 in a few years, the XBox 360's protection won't do anything to slow them down.

      Besides, the XBox protection isn't DRM at all. It is a way of forcing licensing upon third party developers. Technically speaking, anybody who can stamp a DVD can break this copy protection by making an exact copy of the existing media. You just can't do it on a burnable DVD because the media type data is stamped on the media (IIRC) and can't be changed to match the required bits. As far as protecting against commercial piracy, it does nothing significant....

      --

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

  2. Is the removal... by cs02rm0 · · Score: 2, Funny

    Is the removal of restrictions from our media really that big a deal?

    Yes. It just won't send the world spinning in the direction they claim.

    1. Re:Is the removal... by Anonymous Coward · · Score: 0

      The author of the article seams to have a misunderstanding of what DRM is. He associates DRM as giving away the music, and falsely believes that if you purchase a CD you do not own the music on the CD you are just renting the ability to listen to it.

      DRM free to me does not mean you are free to download the music from piratebay and listen to it legally. It means if I purchase the music or obtain it legally I am then able to convert that to mp3 or ogg and transfer it to anyone of my 300 devices that can play the music.

      The author is a journalistic moron, even if he is right about what this means to the music industry he should at least understand what DRM is trying to do. It is not about stopping pirating of music its about controlling the media

      They (media companies) want people to believe that if you buy "their" DVD you are a pirate if you take that show and convert it to avi / mpg mp3 / ogg to playback on your phone, portable device or stream it to your other computers at home.

    2. Re:Is the removal... by Anonymous+Brave+Guy · · Score: 5, Insightful

      Exactly.

      Giving up control of content and giving it away free are not rational ideas in a market economy

      They also aren't the same thing, as anyone even remotely familiar with the subject is well aware.

      What isn't rational in a market economy is deliberately making the black market version of your product better than the above board original, by artificially crippling the latter. Such a policy is pretty much directly targeted at the very people who actively support your business, while doing little to impair those who do not.

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    3. Re:Is the removal... by McLovin · · Score: 0

      I'm AFRAID! The digital economy will Collapse! Where the f8ck is the "digital economy"? What a f*ckin nonsense-phrase. This is something you say on your Power Points, in front of a room full of investor-victims. The entire economy is already some kind of virtual/digital hologram - with "cash" invented by creating accounts through the extension of credit. There's no currency printed, and no gold or silver. There's yer freakin digital economy! I guess this "expert" thinks givin things away will mean he'll stop gettin his schweet deals on "novelty items" from Amazon! Fershiz.

  3. Giving up control? by Threni · · Score: 4, Insightful

    They're not giving up control - they're accepting that they aren't giving up control.

  4. Wow, way wrong by WindBourne · · Score: 3, Insightful

    the underlying assumption is that ppl will quit buying. Some will. Most will still buy. More likely, the albums will disappear. In addition, I am guessing that labels will have trouble. But the bands will still play and will probably do better. They can get their advertisement from on-line.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Wow, way wrong by kherr · · Score: 5, Insightful

      No kidding. Maybe, just maybe, the model of having companies make money from the distribution of music is not going to last. But then what happens? Musicians go back to the pre-phonograph days of making a living by performing live. Seems to me people listen to music, dig their bands and then go see them when they come to town, buying the accompanying tour merchandise and stuff. Sure, that leaves the music labels out in the cold. But is it any different of a change in the larger economy than when we switched from horse-drawn vehicles to gasoline-powered ones?

    2. Re:Wow, way wrong by markov_chain · · Score: 1

      Sucks to be a content middleman these days. Maybe now we'll see a lot more of the baroque "patron model," which gave us a bunch of great classical names like Strauss or Mozart. Or the money will get redirected from the leeches to university-type places where musicians can go crazy. Praise the Lord!

      --
      Tsunami -- You can't bring a good wave down!
    3. Re:Wow, way wrong by Anonymous Coward · · Score: 0

      I will always prefer to have a tangible album in my hand, to copy onto my PC and mp3 player.

    4. Re:Wow, way wrong by webmaster404 · · Score: 1

      The internet is what totally messed the labels up. It used to be that an artist needed a label in order to go beyond the garage and to actually playing concerts. Now all that artist has to do is burn a few CDs, distribute them, make a few videos on YouTube, and have a MySpace and they will attract fans, if they are good enough the fans will buy merchandise and they can make money that way (works in a similar way to Homestar Runner where merchandise sales make 100% of the income no ads, and everything is free). Musicians will still write songs without much pay the same way that authors will write and programmers will code.

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    5. Re:Wow, way wrong by Anonymous+Brave+Guy · · Score: 3, Insightful

      Sorry, but I think that whole argument is fundamentally flawed.

      For one thing, few musicians could make enough money to get by today from live performances alone, even the good ones.

      For another thing, the idea of mass distribution won't disappear, it'll just shift to a different channel. A smart label will establish an on-line brand with a good reputation and lots of visitors coming to its web site, and use that to promote the bands it's acting for. I imagine we'll see the market shift to cheaper products that sell more copies as well. A smart label could still make a worthwhile percentage doing that, it'll just replace their old physical media distribution model and sales/pricing assumptions over time.

      The only organisations that will die are stupid labels who think the physical media are the way of the future and don't understand basic economics. And frankly, they deserve to. A middleman who provides no useful service is worthless, and will lose out to more helpful competition.

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    6. Re:Wow, way wrong by LightWing · · Score: 1

      Well, I imagine the horse breeders must have been HORRIFIED. What we will be seeing here is the ability for anyone with the inclination to create their own music. Music labels must be disgusted at the idea, I'm sure, but I doubt they can stop the information age from taking over. Musical communities/forums will continue to exist, and people will continue to make their own music/parodies/crappy FMVs. Creativity is gaining a much firmer grip on our society now that computers make it so easy. Even an idiot that can't play the piano can use a sequencer and string notes together until a song is produced. I think part of the problem is our generation (or at least me in particular) does not value the things you can download. I was young when I first started, and it was originally because I was just a kid with no money. How are you supposed to find value in what is so easy to do? It's like videogames. If a game is too easy, its boring. If its damn near impossible to play, beating it feels like a real accomplishment *coughadventuresoflinkcough*. You don't get that kind of feeling from downloading whatever you feel like, you get more of a 'heh heh' feeling of getting one up on the man. Although I'm sure I'm not speaking for everyone here. I'm still waiting to see what quantum computing will be capable of. I have a feeling much more advanced AI would not be far behind. From where I'm standing I really can't conceive of what those kinds of computers would do. I'll probably be laughing at myself in 10 years or so. Actually I'd have to say I'm a bit nervous about what the music/software industry would try to do when quantum computers become commonplace. Thats fear of the unknown for you.

    7. Re:Wow, way wrong by Anonymous Coward · · Score: 0

      Companies not make money? Not going to happen. You're more likely to see the Google business model replace the old one. Advertisments along side music. Don't underestimate the corporate machine! Its not going to be the individual musicians that distribute widely. Complain and moan about DRM now, tomorrow you can complain about ads or whatever method they choose to make money. People seem to have a problem with the other man making a buck.

      The musicians will continue doing what they've always done: complain about how the labels make so much money, and make their own living in tours and merchandise.

    8. Re:Wow, way wrong by Anonymous Coward · · Score: 0

      Not me ... on the (increasingly rare) occasion that I buy a music CD, the first thing I do is rip it. The second is to stuff it in a box in the closet with my hundreds of other CDs that I bought long ago, never to be seen again. Who knows, maybe my great-grandkids can make a few $$$ off of them at an antiques market a hundred years from now.

      My guess is that I've probably already bought the last CD I'll ever buy. About the only doubt on that count is my kids - a physical CD with a picture on it means alot more to a 7 year old then a directory listing on the computer, or even the songs on their player.

      And yes, I still buy music - but it's digital downloads. Frankly, I've done the P2P bit, and it's not worth the PITA and potential risk.

    9. Re:Wow, way wrong by igb · · Score: 5, Interesting

      For one thing, few musicians could make enough money to get by today from live performances alone, even the good ones.
      Are you sure? I follow several folk artists who tour once a year in the UK, once a year in a few places in Northern Europe, sell the odd CD at concerts, and (in one case) do some session work. They both seem to keep body and soul together.

      And why is this a surprise? They can sell a couple of hundred tickets at a tenner each at a folk club once a year, times perhaps twenty or thirty dates. Most folk clubs are run on a shoestring, and an artist will get a substantial proportion of the door, but let's say it's only fifty percent. Twenty or thirty thousand pounds a year isn't a king's ransom, but it's a living wage, as their expenses are minimal. Throw in some CD sales, perhaps the odd song on a bigger artist's album (one of the guys I'm thinking of does session work for Nanci Griffith and has had a song of his on one of her albums), the occasional small festival: it's a living. They won't get rich, but they didn't ten or twenty years ago, and their ability to email their fans for free means they can sell tickets far more easily than twenty years ago, too.

      Artists like this were always reliant on this model, and never sold records in quantity (you couldn't get them in shops), so it's hard to see how their position has changed. Artists who couldn't sell a few hundred tickets times twenty dates weren't selling records either, and for them it was strictly a hobby.

      At the big end, someone like Springsteen doesn't give a stuff about record sales. Yes, he reputedly splits the take evenly with his band, but they're grossing something like three million pounds a night in stadiums, and can tour in those for months on end. Say they only get 33% of the gross, so a million a night split ten ways is a hundred thousand pounds. Times a sixty date tour. That's not poverty if they never saw another penny from record sales.

      Thirty years ago, musicians toured to support record sales. Now records support tour sales. Markets change. They could always get a job in a shop if they don't like the lifestyle.

      ian

    10. Re:Wow, way wrong by Anonymous Coward · · Score: 0

      you should go talk to some musicians and realize what a poverty filled life that is for most people.

    11. Re:Wow, way wrong by tlacuache · · Score: 1

      I agree with you. I really do.

      Now if only I didn't live in rural Idaho...

    12. Re:Wow, way wrong by CSMatt · · Score: 1

      True, but labels are still needed for publicity. The parent companies that control the record labels control the movie, TV, newspaper, and other traditional industries that still do a better job at publicizing to a bigger potential fan base. The difference that the artist now has a choice, and that choice ultimately depends upon whether the artist values long-term loyalty or short-term publicity.

      The Internet route will get an artist a small fan base, but that fan base will be composed of loyal listeners who are far more likely to be actively involved in their support over the course of time because they chose to seek out and listen to the artist to begin with. The fan base might even slowly grow as time progresses because of word-of-mouth by loyal fans.

      The traditional route will still get you loads of initial publicity and fans but because the labels are essentially force-feeding the music to the public, the fan base tends to be very fickle and will mostly abandon the artist once the next "big thing" is shoved down their throats. Sure, you will still have loyal fans left over, but they are more likely to abandon you as time goes on and your popularity continues to slip because you are no longer "in the spotlight" anymore.

    13. Re:Wow, way wrong by Chosen+Reject · · Score: 1

      For one thing, few musicians could make enough money to get by today from live performances alone, even the good ones.
      Allow me to explain some basic High School Free Market Economics. The selling price of anything is determined by one simple thing: the intersection of supply and demand. Revenue is determined by the selling price multiplied by the units sold, and profit is determined by revenue minus costs.

      So if a musician cannot survive off of live performances alone then there are three possibilities (keeping it simple here):
      1) People don't like them (demand)
      2) They use too many props (costs)
      3) There are too many musicians (supply)

      So let's address those from a free market perspective.
      1) Find something you are better at and excel at that.
      2) Cut your costs.
      3) Perhaps some people need to stop making music (at least full time anyway)

      See, all of those things happen in lots of other industries all the time. Not everyone that can flip burgers should be opening a burger joint and trying to sell it as their only source of income. It just wouldn't work. If they did, there would be too many burger joints (too much supply), and prices would fall (the intersection of supply and demand remember). Thus revenues fall (selling price x units sold) but costs remain the same so profits fall (revenue - costs). So somebody (probably a lot of somebodys) are going to leave that market. When they do (supply decreases) selling point can go back up (revenues increase) and so do profits. A perfect market would eventually reach some equilibrium where no one else would want to enter because they couldn't make a profit due to the extra supply.

      So if someone can't make enough money off of touring alone, then maybe the supply is already too much and they should get out of the market. Now that might mean we don't get to hear some really good songs by some people. That really is too bad, and I mean that sincerely. It is a shame but it is also a fact of life. I'm sure that sometime since Beethoven, somebody out there somewhere thought of a song that was much better than Symphony #9. For whatever reason though we don't have it. Maybe they couldn't compose all that well. Maybe it was the only song they ever thought of and it wasn't a sustainable business proposition to make money off of it. Maybe they were oppressed by the RIAA or whatever. Maybe they were just about to be hung when they thought of it. We miss things like that all the time, and it's a real shame, but that doesn't mean we prop up some dying business model in order to find the best.

      Again, this happens in every industry all the time. I'm not going to shed a tear because some people can't make enough money doing live performances full time. If they really cared about the music as an art, they could do it part time, do small local shows, or just put it out on the Internet.

      I was about to go off about copyrights, which are related to the overall topic, but it was slightly off-topic to the above stuff. So now I am done.
      --
      Stop Global Warming!
      Just say no to irreversible processes!
    14. Re:Wow, way wrong by philipgar · · Score: 1

      For one thing, few musicians could make enough money to get by today from live performances alone, even the good ones.

      Have you talked to any musicians recently? Have you asked any rock bands how they make money or stay in business? Do you have any insight into what you stated in your comments? I highly doubt that altogether.

      I probably see 15-20 concerts a year. The majority are in small clubs or bars, and have maybe a couple hundred people there. I will regularly talk to band members, and sometimes discuss the business with them. Touring is their income source, and no, for many of them it isn't much. For many of them in fact they lose money touring, or get lucky and break even. At the end of the day they might hope to make it across the country with the same amount of money as when they left. This is accounting for money at the door, as well as merch sales etc. They often have day jobs, working as bartenders or whatever. They'll do this for a period, then tour. It's a fairly typical situation. They're not touring for the money, they're doing it because they love it.

      When it comes to album sales though, that is definitely not where the money comes from. The money just isn't there. The albums aren't selling enough copies, and even if they are the margins are slim. It's expensive to produce a good album, and even without expensive studio time, the bands time costs money, as it's time away from their day jobs. I imagine most band members would be happy if they make $10,000 a year off album sales. It's likely much less than this.

      Of course this is for fairly small bands, and they will keep doing it living near the poverty line for a while, but many retire from music by the time they're 35 (its just not sustainable if you want to have a family, etc). Now, the small bands that do make money are the cover bands, but they're a different story altogether.

      Then there are the big bands, the "mega tours". I have no doubt that they're all making a mint. When you can sell 20,000 tickets for $50 a pop, and do this 75-100 times a year, you're doing alright. And this money definitely would trump what they'd make off album sales (assuming they only make half the door profits, and no merch money, etc, this is $50 million. . .. it would require selling well over 5 million CDs to reach this amount). They're definitely not doing bad off.

      Phil

    15. Re:Wow, way wrong by Anonymous+Brave+Guy · · Score: 1

      I confess to being slightly confused. I could rattle off a list of quite a few personal friends, work colleagues and immediate family who are involved in professional music from various perspectives, but there wouldn't be much point, because then I would only have said what you appear to know already: most of the small groups who basically play clubs and pubs get enough to cover expenses and beer money, and that's about it. Many of them also have day jobs to bring in the real money. It's only the guys who reach the very top who make it big from live performances.

      As far as I can see, this only supports my position, which was that most musicians could not go back to making their living just from live performance as the GGP post suggested, but there will be a place in the new era of on-line music sales for major promoters to get real talent more widely shared. Guys who are good, but too small to be full-time pros today, could still bring in a worthwhile income in what becomes almost a micropayment economy, where instead of trying to sell £10 CDs, you try to sell 10p downloads to 100x as many people.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    16. Re:Wow, way wrong by Anonymous+Brave+Guy · · Score: 1

      That's cute: a straw man rant, dressed up as intellectual argument, resting on the frankly rather arrogant belief that you know more about economics than me or others reading your post, all the while overlooking a basic bad assumption that undermines your entire argument. Don't feel bad, I've posted patronising crap like that here before, and I got rightly smacked down for it too.

      Here's the basic idea you forgot: demand for luxury items varies with asking price, and not necessarily linearly. It is entirely possible that a group of decent musicians could make more money by almost (but not quite) giving away their stuff to a huge number of people over the Internet than they could by charging the current going rate for concert tickets and playing to small capacity venues on tour. Thus it is entirely possible that while the market would not support them full-time playing live, it could support them with Internet distribution to many people at a low price, taking advantage of the almost zero marginal cost of reproduction and distribution. This is my counter-argument to the GGP post's proposal that musicians will go back to making their livings playing live, and nothing you wrote contradicts it at all AFAICS.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    17. Re:Wow, way wrong by Maestro485 · · Score: 1
      Speaking of albums disappearing, the author quite literally contradicts himself here:

      Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel. Imagine walking into your living room as all your books disappear because you changed libraries, or your DVD collection disappears because you switched from Blockbuster to Netflix. It's funny because that is exactly what DRM is supposed to do!
  5. Horray by Anonymous Coward · · Score: 1, Funny

    If the fold there will be a bigger market for the music of anonymous cowards. I will e-mail you my own, high quality, original compositions - all you have to do is send me your credit card details to my address...

    Fuck. Now you will know who I am. I lose again :(

  6. PC Mag by kfort · · Score: 1

    Does anyone really care about PC Mag? I'm not clicking the article to give them the hits. They are trolls in the pockets of Microsoft which has an obvious interest in pushing DRM. Maybe someone with no-ads can paste the article.

    1. Re:PC Mag by Dutch_Cap · · Score: 3, Funny

      I'll summarize it for you: No DRM = Giving music away for free = Armageddon

    2. Re:PC Mag by Anonymous Coward · · Score: 0

      I purchased music without DRM and now I have cats and dogs, living together!

    3. Re:PC Mag by bark76 · · Score: 1

      Would it be inappropriate to post a link to an mp3 of REM's "It's the End of the World as We Know It" here?

    4. Re:PC Mag by adminstring · · Score: 1
      You're right - Lance Ulanoff, author of TFA, doesn't seem to have a clue about what DRM-free music is like... take this quote from TFA:

      Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel.
      This is what happens with DRM-crippled music services. With a DRM-free service like emusic, the music you download will live as long as your hard drive (or any other hard drive or other storage media you copy the music files onto.)
      --
      My truck is like a series of tubes.
    5. Re:PC Mag by ben(zen) · · Score: 0, Redundant

      Wrong, as has been stated before. DRM is a needless burden which only drives up the price of albums and other materials. People *will* buy music without DRM, and those who pirate will pirate nonetheless, whether or not there is DRM in the way. As such, DRM is not necessary, for the most part, and is not the same as giving away music, and as such, does not lead to Armageddon.

    6. Re:PC Mag by Anonymous Coward · · Score: 0

      Do you know what "summarize" means?

    7. Re:PC Mag by MarkGriz · · Score: 1

      I though Dvorak was the only kook at PC Mag, but after reading TFA, I'm starting to think there might be something in the water.

      --
      Beauty is in the eye of the beerholder.
  7. logical falacy by Anonymous Coward · · Score: 1, Insightful

    Selling content without DRM is not the same as giving content away for free.

    1. Re:logical falacy by residieu · · Score: 1

      Especially since they've sold content without DRM for years, on CDs. How is selling DRM free content over the internet different than selling DRM free content on CDs. Anyone who wants to share their downloaded tracks illegally is already capable of sharing tracks they've ripped off their CDs.

  8. Wow by rastoboy29 · · Score: 1

    Someone who doesn't really get it has a big soapbox.  News at eleven.

    As a side note, I actually bought my first music online the other day--because it was mp3, and I couldn't find it anywhere else.

    They're competing with free, and no amount of hand waving will change that.

    Now if they'll just get the prices in line with the value they are providing (I reckon about 4 cents a song), I'll be buying digital music left and right, just like I used to buy cd's.

  9. I stole more music before the internet by geek · · Score: 4, Interesting

    Back in the day my friends and I made more mixed tapes for each other than we bought. If one friend bought a new tape, within the next few days, all of their friends also had one. This was true until CD's came out, but then again, once burners were introduced it happened again. I've never really downloaded music illegally, almost all of my music was purchased from iTunes or is from my very old CD collection pre-internet. I simply don't buy physical media anymore. But lately my choice to not buy anything at all has been more about the quality of music than anything else. Musicians these days just suck.

    1. Re:I stole more music before the internet by wurp · · Score: 3, Informative

      Copying a friend's music in your home (or vice versa) isn't illegal, whether it's audio tapes or CDs using digital audio media. Thanks to the AHRA of 1992, you pay a 'tax' on every blank audio tape and audio CD for the right to make copies of friends' tapes. This is how the RIAA responded to the last wave of copying that was going to "destroy the industry".

      Of course, that tax goes only to the RIAA, not independent artists. So every time you tape your local band, you paid the RIAA for the band's music.

      Cool, eh?

    2. Re:I stole more music before the internet by geek · · Score: 1

      I remember reading about that before. I'm old though, I remember when Peter Gabriel was the bomb. I remember when "the bomb" was created =o

      It would seem that the nickle and dime tactics of the RIAA and the industry as a whole has come back to haunt them. Artists in the past used to make more money from the live performances than from the albums sales, now that tickets cost more than a college education I don't go to shows anymore either. They're losing money from every direction it seems.

    3. Re:I stole more music before the internet by Anonymous Coward · · Score: 1, Insightful

      Sharing music with your friends via cassette or CD is a lot different than clicking twice and making it available at no cost to you to, literally, millions of people.

      How many of us are using the complaint that we can't make a 'back-up' copy of our purchased media?

      Many.

      Out of this number, how many made backups of our Hendrix 8-tracks, Kiss albums, Def Leppard cassettes, E.T. VHS tapes, or INXS CDs?

      Any?

      Before most of us heard the term MP3, I'd guess more of us repurchased CDs that were scratched or broken then 'backed them up.'

      The technology to get non-tangible media (audio, video) to people has changed more quickly than those industries. I think those industries have a place to exist.

      Why do we have issues? We can buy individual tracks now for a dollar, make backups for free, take thousands of songs with us on cheap players and put all of our old stuff on the PC we use in minutes.

      I don't get it.

      Tell me your issues. Tell me how this denegrates music and video for most of us.

    4. Re:I stole more music before the internet by Anonymous Coward · · Score: 0

      Oh, and I suppose you've already explored all the old music that doesn't suck? There is always more to find.

    5. Re:I stole more music before the internet by Myopic · · Score: 1

      There are lots and lots of very talented musicians today, as there always have been, just don't try to discover them by listening to the radio. Corporate interests may be able to make radio suck, but they can't make all music suck. Today my favorites are Tool, White Stripes, Radiohead, J5, Buju Banton, Lyrics Born, Flaming Lips, Two Siberians... And then I also listen to a bunch of stuff from the past. The nice thing about the last century of music is that it's all recorded, so you can go discover artists that were awesome a long time ago: Wu Tang, Willie Nelson, Johnny Cash, Phish, Sublime, Beach Boys... whatever you're into.

      Discovering new artists is a challenge today. I reiterate that you can't rely on radio. I've found the IndieFeed podcasts to be pretty good, but mostly I google for my favorite artists then listen to other artists that come up on those pages. That's a good way to discover music similar to the music you already like, but not so good at finding totally new sounds. Oh, I also sometimes find a label which has a bunch of good artists, such as Rawkus Records.

      Can anyone suggest non-radio ways of finding new artists? Specifically I'd like a professional to vet music for me, like a trustworthy DJ with good taste.

    6. Re:I stole more music before the internet by CSMatt · · Score: 1

      It's not illegal now, but it probably was when he was doing it.

    7. Re:I stole more music before the internet by Nullav · · Score: 1

      Why do we have issues? We can buy individual tracks now for a dollar, make backups for free, take thousands of songs with us on cheap players and put all of our old stuff on the PC we use in minutes. Assuming your 'cheap player' supports the DRM'd track you just bought for $1 and you have $1 for each of those 'thousands of tracks'. Oh, and don't forget the part about each song being tied to a specific computer and player. Yeah, have fun never upgrading hardware or rebuying every few years.

      (IHBT?)
      --
      I just read Slashdot for the articles.
    8. Re:I stole more music before the internet by mycroft822 · · Score: 1

      Well one good way to do it is to read the magazine Paste. Every issue comes with a sampler CD that has tracks from various bands you probably haven't heard of. Another good way is to use online "radio stations" like Last.FM, I can usually find something new that I like on there. There are some good old fashioned radio stations around that don't play pop garbage though, and they can be a good source for new tunes. I'm not a DJ or anything, but based on the bands you listed above we probably have similar taste in music.

    9. Re:I stole more music before the internet by daretoeatapeach · · Score: 1

      Musicians these days just suck.

      Not true! Corporate radio sucks: they only play the "safe" (read: not innovative) songs and they play less variety. So you get established bands that are doing the same old same old that occasionally still have brilliance and the recording industry's best guess on the best new track from whatever musical revolution has already happened . When I hear the radio it sounds like they are still looking for the next Nirvana or Rage Against the Machine when they should be looking for _new_ innovators. By the time a a good band (the Postal Service, for example) makes it to the radio the fans that sparked the scene have overplayed it themselves and moved on. If you are relying on radio for your music you won't have much luck. But there are tons of great bands out there that won't get played if their fans don't make mixtapes and pass along the goodness.

      I could never support DRM tunes because half the joy of finding new music is passing it along to others. Because of Napster I discovered whole genres of music--blues, punk, emo, swing--that I would never have gotten into if I had to buy a ton of albums. I believe those downloading today have more diverse tastes than the generations before me because it is so much easier to research and download a sample.

      If I download three songs by a band that none of my friends have heard of and put the best one on a mix tape and give it to all of my friends, that is free publicity for the band. Remember that the major labels pay people to go to clubs and hand out free CDs before an album breaks big (or you sometimes see them in stacks for free at record stores) to spread word of mouth. And also remember that the overwhelming majority of bands (IE not Brittany) make their money off of touring so passing along a good tune may put more money in their pockets.

      In the spirit of sharing, you might find some good songs here: http://www.finetune.com/user/daretoeatapeach but then again these are just my preferences. I have 500 songs on this playlist and 99% of them you won't here on the radio.

      If you are not finding good music than your friends are clearly not downloading enough. ;)

    10. Re:I stole more music before the internet by daretoeatapeach · · Score: 1

      Download mixes from torrent sites (you can DL torrents with one click using Opera). I feel good about this ethically as you are only listening to one song by each band. I particularly like "indie rock playlist" which has a new list every month. Keep only a fraction of those songs, the very best. Listen to music podcasts: KCRW's Morning Becomes Eclectic has great live recordings. NPR's All Songs Considered. The Sound Opinions podcast keeps one up to date on really mainstream stuff. The Bay Bridged to gives a good sampling of local music, should one be lucky enough to live in San Francisco. Listen to Pandora.com, to see if it can recommend any songs based on your old favorites (if using Pandora, be sure to keep genres separate or it gets confused. And monitor it or before you know it it will be playing crap). Other people like lastfm but the only times I tried it it mostly played good songs that I have already heard too many times. Then I see if you can find your new favorite songs (found on isohunt or podcasts) on finetune.com, which is a site where you can put up your own "radio station." You can pick three by any artist, which is plenty to get a sampling. Finetune will also, like lastfm, reccommend songs, bands and other stations for you to listen to. You can also search through tags, DJs and bands to find things similar to what you know you like. Then if you find anything catchy or intrguing, you can throw it on your playlist. When you find that you have either downloaded three or four songs by a band or are really excited to hear one of their songs come up on your station, that is the time to go to emusic and buy the album. At this point you will be so excited about your recent finds that you will want to make mix tapes for all your friends of the best of these best ofs. There are tons of other great sites, this is just one person's technique. Of course I don't do this because it all starts with (horrors!) file sharing. One person's finetune station (must have flash), that isn't neccessarily me: http://www.finetune.com/user/daretoeatapeach/

    11. Re:I stole more music before the internet by Anonymous Coward · · Score: 0

      I agree completely!

      I have bought only a few Cd's over the past few years and most have been at shows where the profit goes directly to the artist.

      When bands I like come through town, I go to their show, I buy something (just ask my daughter she has 3 Godsmack T-shirts from the last year alone).

      To those bands who care and make music that is worth listening to, keep on rockin' ... I will continue to support you. To those who are just out to make a quick buck (or are manufactured by a label to make a quick buck) just roll over and die! You suck anyways.

    12. Re:I stole more music before the internet by Anonymous Coward · · Score: 0

      Musicians these days just suck.

      Spend a day or three with B! Machine.

    13. Re:I stole more music before the internet by Flaming+Foobar · · Score: 1

      But lately my choice to not buy anything at all has been more about the quality of music than anything else. Musicians these days just suck.

      Or maybe you just got old.
       
      Lots of good music is still made. It's just not so easy to find.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    14. Re:I stole more music before the internet by Anonymous Coward · · Score: 0

      Not all of them. Grow up. (or grow young? are you an old fart? older than me?)

      Wilco and The Shins are both great groups, great performers and have recently released great albums.
      Coldplay is legendary in concert, really fabulous.
      The National album "Boxer" is a great piece of work.
      Anything from Joe Henry over the last five years has been marvelous.
      Musicians these days 'just suck'? I don't think so, and my CD collection continues to grow every year.

    15. Re:I stole more music before the internet by lavaface · · Score: 1
      Musicians these days just suck.

      OK, I see this sentiment pop up on everyone of these threads and it's just plain wrong. There are more talented musicians distributing and playing their music right now than at any other time in the history of the world. Instruments are cheap, equipment is cheap, recording is cheap (all relatively speaking, of course.) There is a TON of awesome music right now. More than I could listen to in several lifetimes. I'm especially lucky because I happen to like a diverse range of music. Fema Kuti, Anna Kramer, DJ Shadow, The Octopus Project are just a few of the MANY,MANY, MANY artists that are putting out quality music these days. Many artists, like Prefuse 73, or Bonobo, could not even exist without the wonderful advances technology has bestowed upon the recording artist. GENRE DOESN'T MATTER. There are great blues bands, folk bands, jazz groups, string quartet . . . ANYTHING!

      People who claim there is no good music out there now need to pull their ears out of their asses and use some of the amazing music discovery tools like last.fm or internet radio or music blogs to find something that suits them! I can't believe moderators classified your post as Insightful. This tired mem is nothing more than a troll. -lavaface

  10. Nope by MobileTatsu-NJG · · Score: 2, Insightful

    Is the removal of restrictions from our media really that big a deal? Like I'm going to spend my resources giving copies of my shit to all my friends.
    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    1. Re:Nope by Entropius · · Score: 1

      Like it's that hard.

      sudo apt-get install apache2

      cp -R ~/music/* $DEFAULT_PATH_TO_APACHE_DIRECTORY

    2. Re:Nope by MobileTatsu-NJG · · Score: 1

      Like it's that hard.

      sudo apt-get install apache2

      cp -R ~/music/* $DEFAULT_PATH_TO_APACHE_DIRECTORY I didn't say it was hard. If I want to give a friend a copy of something, it'll be to share my interest with that person. Like: If he's never seen a show I like, I might give him the first ep or something. My return for that is the potential for somebody new to discuss the show with. I'm not, however, going to bother uploading, burning, or even copying to a thumbdrive everything I've got to give to a friend. Let them buy their own shit.

      I don't know why the *AA thinks I'm gonna want to spend the time to share whatever I buy while at the same time thinking they can charge me the same amount of money for a product that's less-capable.
      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    3. Re:Nope by CSMatt · · Score: 1

      I don't think that the majority of file sharers actually use the service with the intent of sharing their collection, but rather to get files. The fact that BitTorrent makes uploading mandatory and most P2P clients search your hard drive and turn on sharing by default is probably why the bulk of all shared media is even on the network in the first place. I'd say that most don't even know that they are uploading at all.

  11. Oblig 1. 2. 3. by Anonymous Coward · · Score: 0

    1. Economic crisis in US
    2. Album sales drop
    3. Blame DRM free music
    4. ???
    5. Profit

    1. Re:Oblig 1. 2. 3. by Kalriath · · Score: 1

      Isn't the whole point of this the lack of step 5 in there?

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  12. Remember when horses were the only way to travel? by torpor · · Score: 5, Insightful

    Once, there were horses, and they were the only way to get around town. All the horse-maintainers, the shodders and such, were in business and there was a grand economy.

    Then, some new technology came to the scene: the automobile. "Oh noes", the shodders cried, "our economy is going to be ruined.."

    The moral of this story is: technology. It will force change. Either keep up with it, or remove yourself from the market. Music doesn't have to be paid for - not any more, and no longer will we have to worship the few and provide them economic sustenance, so that they are only able to do it, when the many can do it, themselves.

    In short, grow up music-industry people. Your world is changing. All worlds change. Let the people decide what life will be, and quite crying just because you didn't see the writing on the wall.

    Yes, this applies to all media/content related markets. The writing is on the wall. The only way to protect your media is to put it in hardware - books are a good example - that makes it pleasant for people to buy it from you. The world needs us all to go digital and stop raping the earth, just so the few can profit from the ignorance of the many. Let the horses back to the fields ..

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  13. Oh well by The+One+and+Only · · Score: 4, Interesting

    Honestly, if the sale of recorded music is no longer profitable, that's just the way it is and the presence or lack of DRM wouldn't have prevented that. It's just a natural consequence of peer-to-peer file sharing being available. Now, it's more likely that the sale of recorded music isn't as lucrative as it used to be, but even in a free market it's best to let naturally-declining markets decline rather than prop them up artificially (i.e. US Steel, GM)--the long term gains always outweigh the short term turbulence.

    --
    In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    1. Re:Oh well by kmarshallbanana · · Score: 1

      US Steel was not in a naturally-declining market, they just fucked up. They continued to build great big steel mills when the future of steel was in mini-mills. Other companies built mini-mills and as a result they kicked US Steels ass. The steel market itself was continued humming along. Likewise GM is just a company making poor decision (or has made) in an otherwise thriving market. That said I'm otherwise in agreement with you.

    2. Re:Oh well by The+One+and+Only · · Score: 1

      Yeah, I pretty much botched that analogy. But the point stands--propping up failed companies is a bad deal.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    3. Re:Oh well by Anonymous Coward · · Score: 0

      My view on the matter:
      DRM is a passing fad. There is no way to stop illegal downloads and that's a fact. My prediction for the future is going to be that the price of legally downloaded music will go down dramatically and the restrictions will be completely removed. This way people will just not download music illegally because it will be less convenient and slightly more risky and it will not be worth the tiny amount they will save by not paying for the album in a legal store. This means that recording behemoths will become a little poorer and so will the artists. It may lead to a decrease in music quality because the talent will not be drawn in by the prospect of humongous profits. Niche artists will most likely not be able to survive the blow, and they will turn to making music as a hobby rather than professionally or they will attempt to make money off of live performances. Anyway it is not good news for the music companies and artists, and not really good news for the consumers, either. As they say, you cannot have a cookie and eat one. We (the consumers) have been spoiled to think that we can actually own thousands of songs without paying for them and not suffer consequences. You will probably not get sued, but the consequences will be there, it will just take a little time for them to take effect, and as you watch the record industry crumble under its own weight you will suddenly realize that this means fewer quality releases and less new music for you to fill your iPod with. And there shall be weeping and gnashing of teeth...

  14. I completely agree; a DRM-free MP3 file ruined me by Anonymous Coward · · Score: 5, Funny

    I had an MP3 once on my computer. My computer started to crash/reboot continuously and my dog started to howl. The dog howling caused me sleepness nights. My sleepy-ness caused me to have a car accident with a bus full of nuns. The surviving nuns sued me and the dead nuns are waiting for me in heaven with baseball bats. Because of the lawsuit, I lost my home, my computer, AND my dog... I'm living in the streets and I only go into public libraries to use the washrooms and post on slashdot. I am scared of MP3s. (but not frightened to death because then the nuns & bats will get me)

  15. A better article by Randle_Revar · · Score: 4, Informative

    A brave new world: the music biz at the dawn of 2008
    http://arstechnica.com/articles/culture/state-of-digital-music-2007.ars

  16. Incorrect by webmaster404 · · Score: 5, Insightful

    Without DRM, digital music can eaily be played on almost any media player. You now have opened up media rather then just iPods, to generic MP3 players, Windows systems, Linux systems, OS X systems, FreeBSD systems, and more. That is something that hasn't happened yet is a standard non-patented format for storing music, OGG would be likely but with it not being native on most MP3 players and Windows (and OS X too?) and MP3 is patent restricted and therefore rarely playable (legally) on Linux, FreeBSD and other systems. MP3 players also suffer with the patent fee, they could be cheaper without it. All DRM does is make people not want to download "legal" media, the main pro of "piracy" was that you can download it in just about any format you wanted, for free and it would easily work with just about every device that you had while the "legal" ones would not. Digital music will never catch up to CDs if "piracy" is always the better option. I am not advocating suing anyone but seriously, when you iTunes downloads work with you iPod/iTunes and nothing else, the MP3 download from a tracker site is a better deal as it will work on that $25 MP3 player you got, your computer (any OS) along with your iPod and phone, ETC. It isn't just DRM that was killing digital music it was the lack of a standard format. In the CD age (before the Sony rootkits and the like) your CD would work in any computer with a CD drive, any CD player be it the $25 off brand one or your $2000 stereo system. When we get that, digital music will begin selling otherwise, who wants expensive media that works with 1 brand of products and nothing else.

    --
    There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
    1. Re:Incorrect by gailrob · · Score: 1

      I agree with this. I pretty much purchase my music exclusively from Itunes ever since I bought my Ipod a year or two ago. I believe in purchasing music worth listening to in the hopes that it will encourage the artist to make more music. On the other hand, reaching a level of frustration that I cannot express over the built-in limitations to Itunes format has brought me to the edge.

      I am not saying I'm about to start pirating all my music tomorrow, just yet. However, I would rather they (the music industry) celebrate me for purchasing music when its so easy to steal it rather than going out of their way to punish me with trivial limiations.

      Do the media giants honestly believe making I-tunes a pain in the ass helps them?

    2. Re:Incorrect by riceboy50 · · Score: 1

      It seems pretty common especially in the last couple decades for companies to create their own equivalent formats (Blu-Ray vs. HD-DVD, DVD+R vs. DVD-R, Memory Stick vs. Secure Digital vs. others, and other ridiculous software format wars such as MPEG vs. Windows Media) because the advantage of controlling the standard is so lucrative.

      Consumers need to educate themselves more about which standards are truly open and adopt the products that support them, but I fear this will never happen because as consumers they purchase based on other values.

      --
      ~ I am logged on, therefore I am.
    3. Re:Incorrect by cmat · · Score: 1

      .. and MP3 is patent restricted and therefore rarely playable (legally) on Linux, FreeBSD and other systems. I was under the impression that only the encoder was patented; the decoding part is freely re-implementable (with the reference implementation being either patented or copyrighted I would imagine).
      --
      -- Humans, because the hardware IS the software.
    4. Re:Incorrect by Anonymous Coward · · Score: 0

      and MP3 is patent restricted and therefore rarely playable (legally) on Linux, FreeBSD and other systems.

      I understand that the Fluendo decoder is 100% licensed and legal worldwide, and free (as in beer). The reason distros such as Fedora don't include it are philosophical rather than legal (same as the nvidia drivers). It's perfectly legal to install it yourself (and IIRC the 'codec buddy' in Fedora 8 will sort this out for you if you attempt to play an mp3 without a codec).

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

  17. So what's best? by Anonymous Coward · · Score: 2, Interesting

    As a musician in a band about to have their album finished by the engineers and ready for pressing, should we pull that $1k from the pressing, and put it towards eMusic, iTunes and wherever else music is being sold online? Personally, I don't care for DRM'd tracks and don't purchase music online at all. The rest of my band members however, use and buy one iTunes w/out a second thought.

    For the past 6 months of reading a barrage of articles painting the ultimate end of the CD and continued surge to online music, why should we NOT jump into the online music pool? DRM or not.........

    1. Re:So what's best? by jedidiah · · Score: 1

      Release online. Forget the DRM. Make sure it works (not like Radiohead) and is convenient (not like Radiohead).

      Don't confuse "hard to use" with "free".

      Release on any online outlet where you think your fans will be.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:So what's best? by jedidiah · · Score: 1

      ...and I forgot to mention: don't ditch the hard copy media.

      You might find that some dinosaurs like your music.

      Make it easy to get. Make it easy to pay. Don't insult your fans.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    3. Re:So what's best? by webmaster404 · · Score: 1

      DRM is going to cause a headache for the normal music-fan who wants your music. Your best bet is probably to put a few videos on YouTube and get the content going. Then on your independent web site sell a few CDs and such, just make sure to get all your bases covered. iTunes and eMusic and such might give you a few bucks but I am not sure about licensing issues and how much of the $.99 you get. Just keep a large amount of your digital music in different formats, FLAC, OGG, MP3. Also, remember if you are good enough, people will pay for merchandise too which can be almost pure profit if you buy in bulk. But then again, I am not in music so take my advice with a grain of salt, but my advice is to distribute as much media as possible in as many possible formats, even the strange ones.

      --
      There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
    4. Re:So what's best? by YrWrstNtmr · · Score: 1

      As a musician in a band about to have their album finished by the engineers and ready for pressing

      Question: Who paid for your studio time and the engineers?

    5. Re:So what's best? by Power_Pentode · · Score: 1

      I don't know who your band is or the genre of music you create but I wish you success with your new album. If the album is pop or rock or dance, please consider avoiding the worst excesses of dynamic compression and extreme boosting of the high end. Or if that's the only way you can get airplay, please consider "clean" engineering for the CD/album and make a couple of insanely compressed singles available separately for airplay.

      FWIW, I buy 5-25 CDs per year, and have purchased 30-50 non-DRM singles from Amazon in the past several months.

    6. Re:So what's best? by geekoid · · Score: 1

      The musician. It comes out of their royalties. In fact, many musicians get nothing until they made enough off royalties to pay for them. More accurately, they pay back the company for those.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:So what's best? by willllllllllll · · Score: 1

      Spend $500 on a bulk CD burner/printer and the other $500 on stacks of CDs and open your own low-cost CD printing company.

    8. Re:So what's best? by YrWrstNtmr · · Score: 1

      After I posted that, I realized it should have read:
      "Who fronted the money for the studio time, etc..."

    9. Re:So what's best? by roguetrick · · Score: 1

      Because you could sell your CDs at shows, whereas you couldn't with an online medium. Hawking CDs at a show, from what I've seen, is pretty lucrative and more successful than hawking a T-Shirt. Even if someone isn't a big fan of your band, but gave you a listen, they might be inclined to buy a CD out of a sense of owing you something or social decorum and give it to someone else.

      --
      -The world would be a better place if everyone had a hoverboard
  18. the music industry's harsh new reality ... by tyrantking31 · · Score: 1

    "The dream is over." John Lennon, God, http://en.wikipedia.org/wiki/God_(John_Lennon_song)

    --
    We willna be fooled again!
  19. Business needs to adapt or evolve by Sepiraph · · Score: 2, Insightful

    The music industry in general needs to adapt to the changing technology, and DRM is and never was the answer in the digital world. With the extreme low cost of copying bits and bytes, the law of supplies and demands in ECON 101 tells us that the old business model in which the music industry used to operated by is no longer viable. Just like any other type of businesses, they necessarily change with the times.

  20. DRM is that big of a deal, but the other way by Just+Some+Guy · · Score: 5, Insightful

    I do kind of feel bad for the *AA member companies. It would suck to realize that your industry was subject to a disruptive technology that was already well past the tipping point. Having said that, it's their problem and not mine. I've been buying DRM-free music for decades and have absolutely zero interest in giving up control of my possessions.

    Did you hear that? Possessions. Not licensed content, not rentals or leases, but things I own. When I buy music, I own that copy no matter how much they wrongly insist otherwise. I will not pay extra to buy restrictions to prevent me from using my possessions they way I want to use them, even if that was is undesirable for its makers. As long as I'm staying within the constraints of the law and not giving copies of it to others, it's none of their business (even if they wish it was).

    So sorry, *AA. You had the opportunity to do things differently, but you chose to fight me instead of making me your friend. Your actions have been so scummy that I truly don't care what happens to you now. Justice? Morals? Ethics? As you have long cast those aside, I just can't be bothered to care when people fail to use them with you. Goodbye and good luck. You won't be missed.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:DRM is that big of a deal, but the other way by obeythefist · · Score: 1

      Did you hear that? Possessions. Not licensed content, not rentals or leases, but things I own. When I buy music, I own that copy no matter how much they wrongly insist otherwise. I will not pay extra to buy restrictions to prevent me from using my possessions they way I want to use them, even if that was is undesirable for its makers. As long as I'm staying within the constraints of the law and not giving copies of it to others, it's none of their business (even if they wish it was).

      Well... to some extent what you say is right, and to other extents, it's not. Yes, it's your copy and you should be able to do just about anything you like with it, take backups, listen to it anywhere you want to, and so on. But I believe the fundamental intention of copyright is still valid, too, people should get some reward for the work that they do. Copyright lengths have been extended perversely, probably 10, 15, 20 years at most would be plenty for a productive artist to live off the proceeds of one article of work and generate the next one. You shouldn't be able to set up a music distribution studio and sell everyone else's work under your own label by making and selling copies of the mudic you bought, but your comments imply that you are demanding exactly that right.

      --
      I am government man, come from the government. The government has sent me. -- G.I.R.
    2. Re:DRM is that big of a deal, but the other way by DaveTheLorax · · Score: 1

      Here! Here! I have not bought music on-line to this point because of the restrictions that I perceive are still part of the process. I have many many older CDs, but I worry about the new ones and their crap made to keep me from playing the music that I paid for. It seems clear to everyone except the music industry, and perhaps the government, that when you buy a piece of recorded music, then you own it ... forever. All of these machinations about DRM are about another American industry that wants to keep ramping up profits without actually producing anything new. You see, I remember vinyl albums (33s and 45s), 8-track tapes, reel-to-reel, cassettes, and CD's. Every format incompatible with the next. Don't fool yourselves, DRM was just the next format made to force you to buy your music again, and again.

    3. Re:DRM is that big of a deal, but the other way by Gnavpot · · Score: 1

      You shouldn't be able to set up a music distribution studio and sell everyone else's work under your own label by making and selling copies of the mudic you bought, but your comments imply that you are demanding exactly that right.

      I assume that you are referring to this comment:
      "As long as I'm staying within the constraints of the law and not giving copies of it to others, it's none of their business "

      Yes, I think you are right. This comment obviously implies that he wants the right to create and sell copies of the music he bought.
    4. Re:DRM is that big of a deal, but the other way by Just+Some+Guy · · Score: 1

      You shouldn't be able to set up a music distribution studio and sell everyone else's work under your own label by making and selling copies of the mudic you bought, but your comments imply that you are demanding exactly that right.

      With all due respect, your reading comprehension sucks. I said:

      As long as I'm staying within the constraints of the law and not giving copies of it to others, it's none of their business (even if they wish it was).

      I'm not sure why you picked up on the one thing I explicitly said I was not allowed to do.

      --
      Dewey, what part of this looks like authorities should be involved?
    5. Re:DRM is that big of a deal, but the other way by CodeBuster · · Score: 1

      It would suck to realize that your industry was subject to a disruptive technology that was already well past the tipping point. They have nobody to blame for that but themselves. They tried to ignore digital music and when that didn't work they tried to sue the file sharing companies and when that didn't work they tried to sue their users and now it is too late for them to do anything about it. The big music companies may fall, but new companies, probably smaller labels, will rise from their ashes to continue the music business in some new shape or form, probably live performances and tours. As recorded digital music becomes ever more common, ubiquitous, and cheap the cachet and desirability of hearing a live performance at a good venue with the intimacy of the band and the full richness of live sound will probably become more popular, particularly if the ticket prices are reasonable. The music business will continue, just not in its present form and (hopefully) not with the MAFIAA and their big label backers.
    6. Re:DRM is that big of a deal, but the other way by Myopic · · Score: 1

      Your statement is so plain and obvious that I'm shocked it's not blindingly obvious to the people who will eventually lose this culture war. I often step back and scratch my head, wondering why people would oppose the obvious inevitable future. Did record companies ever actually believe DRM would work? Really? Could they be so daft? It's hard to believe.

      I over-used the work 'obvious', but you just can't talk about this subject without that word.

    7. Re:DRM is that big of a deal, but the other way by Anomolous+Cowturd · · Score: 1

      A lot of people seem to feel this way about data, myself included. If it's in my possession, and I got it fairly and squarely, then within my private domain I'll do with it as I please.

      You say "as long as I'm staying within the constraints of the law ... it's none of their business". I would take it one step further, and say, even if I am not behaving within the constraints of the law, my right to privacy trumps anyone else's right to enforce copyright law. If I break copyright law in a private transaction, that's between me and any co-conspirators, and ought to be unprosecutable.

      For a long time the status quo was that private violation of copyright went un-noticed and un-enforced. Nobody really knew what you did with your data, which kind of balanced out some of the inherent unfairness of copyright. Now DRM has come along, and aims to enforce the law through technical means, in an arena where the law effectively did not (and ought not to) apply. I consider it an unreasonable trespass in my private affairs.

      Whether it's "wrong" to violate copyright law is another issue entirely. All I'm saying, there's a boundary beyond which people should be left alone to be as wicked as they please, and DRM is crossing that boundary.

      --
      Software patents delenda est.
  21. please explain by gerbalblaste · · Score: 4, Insightful

    No one has explained to me yet why we need a megalithic music industry and why it is bad that it is collapsing.

    1. Re:please explain by Anonymous Coward · · Score: 0

      I agree, I think "good riddance" is the phrase of the decade!

    2. Re:please explain by Anonymous Coward · · Score: 0

      But... but... how else will I know what to listen to if I don't have the music industry telling me what to listen too? Dear god, man! Next you'll be expecting me to actually listen to it!

      Also, those hookers and blow won't buy themselves!

      Won't someone please think of the music execs?!?!

    3. Re:please explain by Bill,+Shooter+of+Bul · · Score: 1

      Because without it, most people will be unable to tell good music from bad. Horrible bands like the Dave Matthew's band and Brittany Spears will never be successful again. Wait, are you looking for bad things? Well, I can't think of any off the top of my head, but several good scenarios like that come to mind. Soon the only music that will be widely known will be from sound tracks of Movies and TV shows.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    4. Re:please explain by adminstring · · Score: 5, Funny

      It's simple, really: We need a megalithic music industry because without it, the demand for cocaine would plummet. This would cause organized crime families to need to find another way to make money, which would most likely be kidnapping and harvesting organs from innocent children for sale on the black market. For goodness sake, won't somebody think of the children?!

      --
      My truck is like a series of tubes.
    5. Re:please explain by martin-boundary · · Score: 2, Funny

      No one has explained to me yet why we need a megalithic music industry and why it is bad that it is collapsing.
      It will completely destroy civilization as we know it. You want new plumbing for your toilet? Ask the RIAA. You want your car engine repaired? The RIAA does it. Who do you think invented the airplane? That's right, the RIAA. Who laid the railway tracks all over the place? The RIAA. Who invented English? The RIAA. What makes crops grow? Think it's the sun? Think again! The RIAA makes crops grow. Fishing boats, golf clubs, mountains, small insects, the RIAA, the RIAA, the RIAA, the RIAA!

      Man, if the RIAA goes, the world will explode. It's that simple.

    6. Re:please explain by Murphy+Murph · · Score: 1

      Not my bass boat!

      --
      I dub thee... Sir Phobos, Knight of Mars, Beater of Ass.
    7. Re:please explain by Tabby_N · · Score: 1

      Observations:

      It's not true to say that we can either have a monolithic music industry with mass produced pap or small bands of indie musicians who tour. DRM isn't forced on anyone, and there are people out there (like Lemon Demon) who do release their music online, free, as some sort of advertising. You don't need to belong to a monolith.

      There are no indie bands who are more profitable than the monoliths. There are no indie bands who even approach being as profitable as the monoliths.

      Even in China, where you would expect piracy to drive monoliths to an early grave, artists who belong to a recording studio (more properly known as a publicity studio, I guess) do far, far better than those who aren't.

      Why?

      Conjecture:

      Now, I dislike DRM as much as the next person. But simply saying that "your market model is outdated - go away" also means that you lose the products of this business model. You or I may not /like/ the current products on offer, and would prefer show off listening to unknown bands live as some kind of badge, but realise that we're in the minority.

      Demand for mass marketed music far outstrips indies. Sad fact, but true. That's not even pointing out entire genres who can't practicably tour line, like electronica. Simply saying "change the music model and let the mass market pop die" doesn't mean that we don't actually lose something along the way. You might think we aren't the worse off for losing mass market pop, but millions of dollars will just disappear.

      In short, money says that people want the monoliths to exists.

      Now, some of you might have read all that and said "well tough cookies, evolution biatch", but the problem here isn't new, actually, in fact, us in the niche corners of society have probably experienced it more than anyone else - the problem here is monetisation.

      It's strange that a mass market item meets the monetisation problem, but that's how technology rolls, I guess. Small retailers are losing out to big box stores. They have a unique service, but not enough people care for it to remain a viable business. This is especially problematic with bookstores. We get our books cheaper, but we lose a unique service, because nobody can figure out how to stop people from getting reccomendations and going next door to pick it up at half off. I'd argue we're all worse off for it, but there it is.

    8. Re:please explain by Anonymous Coward · · Score: 0

      Well, WON'T SOMEBODY PLEASE THINK OF THE CHILDREN?!? ( the people that will be fired during the collapse have families too you know :P ).

    9. Re:please explain by Anonymous Coward · · Score: 0

      For goodness sake, won't somebody think of the children?!

      I think about the children all the time! Please help...

    10. Re:please explain by Anonymous Coward · · Score: 0

      Megalithic? Like Stonehenge? Is that why they call it rock music? I guess you meant _mono_lithic.

  22. Subscriptions and DRM by chiasmus1 · · Score: 4, Insightful

    Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel. Imagine walking into your living room as all your books disappear because you changed libraries, or your DVD collection disappears because you switched from Blockbuster to Netflix.

    I cannot help but think he was thinking about the dangers of DRM when he wrote this.

  23. My Ignorant Opinion by crymeph0 · · Score: 2, Interesting

    Removing DRM won't cause the music companies to collapse any faster than they would with DRM, because motivated individuals will always find a way to break the secret codes.

    The question is, will piracy eventually kill the music industry as we know it today? I think it probably will, because honestly, nobody wants to pay to listen to Brittney Spears, they just want to listen to it because MTV made it look cool.

    The music companies are damned if they do and damned if they don't, in my opinion, because people are going to pirate anyway, with or without DRM. Even with the draconian powers the DMCA and like-minded laws give them, it's not feasible to sue every pirate, even if they can convince the FBI to go after the pirates for them.

    Honestly, I feel kind of sorry for the big music companies. But only as sorry as I feel for the buggy-whip makers of old. It doesn't help their case that they brought Brittney Spears and such to the masses either. But my point is that a new paradigm always has winners and losers, and you can't expect the losers to feel good, especially when it's their whole livelihood they're losing out on. Of course, you can't just let them break your whole legal system in their death throes, so even though I feel sorry for them, I think the best thing for all of us would be just to shoot them and put them out of their and our misery.

    --
    It should be illegal to say that freedom of speech should be limited.
    1. Re:My Ignorant Opinion by TheJerg · · Score: 2, Interesting

      The question is, will piracy eventually kill the music industry as we know it today? I think it probably will, because honestly, nobody wants to pay to listen to Brittney Spears, they just want to listen to it because MTV made it look cool. The music companies are damned if they do and damned if they don't, in my opinion, because people are going to pirate anyway, with or without DRM. Even with the draconian powers the DMCA and like-minded laws give them, it's not feasible to sue every pirate, even if they can convince the FBI to go after the pirates for them.
      It won't kill the music industry. It will kill the mega corps currently in control of music and talent. Of course that isn't to say that Amazon or Apple won't pick up where Sony BMG and Universal left off. Right now people pay for entire CDs when they may only like 3 or 4 songs. What's much more likely to happen with people being able to pick the tracks they like from individual producers is the producers will see what is actually selling well and make more quality music or make fewer songs. Either way it's a win for consumers(and the producers who decide to capitalize on that model). Music has been around for most of recorded history, it's not just going to vanish, and I doubt people are just going to flat stop paying for it.
    2. Re:My Ignorant Opinion by Power_Pentode · · Score: 1

      Removing DRM won't cause the music companies to collapse any faster than they would with DRM, because motivated individuals will always find a way to break the secret codes.
      Not a rhetorical question, but has SACD audio been broken? I've not yet heard of that happening.
  24. The curse of DRM by KevMar · · Score: 3, Insightful

    The issue was that one could pirate music very easily that just worked and was high quality.

    DRM music was a hastle to buy, restricted how you could play it, was a pain to get on alternate computers/media, and was a predetermined quality. Not only that but you had to manage the license files and repurchase the media if it was ever corupted or lost.

    Removing the DRM evens the playing field out. If the music is easy to purchase and has all the other benifits that pirated music has, it will work. People dont mind paying. You just have to offer the same product that consumers want.

    If they offer a better service and experience than the pirates, they will get people to pay. The pirates would have to put more effort into service and quality. It will cost the pirates more, force them to become more visible and stable, and in the end they will be much easyer to convict and shut down.

    As it stand the pirate have set the bar for what the consumer wants. The lables have to raise the bar with out charging too much.

    --
    Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
    1. Re:The curse of DRM by pontificator · · Score: 1

      People don't mind paying.
      According to most reports a significant number of people paid nothing for Radiohead's pay-what-you-want album, many using BitTorrent instead of Radiohead's web site.

      If they offer a better service and experience than the pirates, they will get people to pay. The pirates would have to put more effort into service and quality.
      More effort? If the labels provide high quality music without DRM the pirates just have to distribute those same files. No increased effort is required and the quality will be the same.

      As it stand the pirate have set the bar for what the consumer wants.
      The only thing pirates offer that the labels do not is that they don't charge anything.

      I agree that DRM sucks, but I don't think getting rid of it will help the record labels. The best scenario for the labels is that a decent percentage of people will pay for DRM free music and labels will become much smaller, moderately profitable companies. Not a bad thing. The worst case for the labels is that they disappear and the artists take care of themselves. That may be bad for consumers because groups like n'sync that aim for the teen market may take over the world.

    2. Re:The curse of DRM by Anomolous+Cowturd · · Score: 1
      The only thing pirates offer that the labels do not is that they don't charge anything.

      That's not the only thing. Here are a few advantages of getting your music from pirates versus getting it from legal sources:
      • No charge. You already said this one, but it leads to a related benefit:
      • No payment step. You don't need a credit card, you don't have to protect your credit card number, you don't have to go through the entire fuss of paying. To me a dollar is nothing, having to enter credit card details, name, phone number, address, email address, sexual preference and so on - a dealbreaker. So pirates cater to a wider market.
      • Relative anonymity. I like that. Pirates neither need nor want to know who I am. I am not going to be marketed to and data-mined by pirates. They're not going to try to manufacture another focus-grouped "artist" to market at me.
      • If the music turns out to be crap, there's no option for a refund from a legit seller. With pirates, you just delete the crappy file. Furthermore, you can download an entire discography, listen to it on loop for a couple of days, then pick out the few songs you like for your collection. This is only practical through piracy, would be too costly legally.
      • Fully functional files. The practical effect of DRM is reduced usability. I prefer my files uncrippled. I want them to work with any and every device I have.
      • Choice. Anything you can buy, you can pirate, but not vice-versa. Some of the best music is only available from pirates.
      --
      Software patents delenda est.
  25. How to sell magazines... by msimm · · Score: 2, Interesting

    1) Select (hotly) debated topic.
    2) Identify current trend or view.
    3) Propose opposing view.
    ...
    Profit

    Like many other posters have already mentioned DRM by-and-large simply doesn't work. Which makes any post-epiphany antithesis, well, rhetoric. We aren't going to have another HDMI incident with our audio and people will get it from one market or another (if paying is too restrictive and cumbersome we've already seen the results).

    But hey, he got on Slashdot.

    --
    Quack, quack.
    1. Re:How to sell magazines... by droopycom · · Score: 2, Interesting

      Good point.

      Did he realized that he was giving away his article DRM-free ? This must be the end of the news print industry!

    2. Re:How to sell magazines... by msimm · · Score: 1

      Maybe he believes that their copious watermarking is adequate.

      --
      Quack, quack.
  26. Why it's a good idea. by TheNarrator · · Score: 3, Insightful

    Music companies are in the business of telling people what to buy. They used to be in the business of recording and distribution. Recording and distribution are not very hard to do these days. Piracy means that they don't get paid for telling people what to buy. However, buying from a record company with DRM is a serious disadvantage to piracy over and above the price. By getting rid of DRM it is easier for people to justify buying music. People will always pirate. Not having DRM means that the record companies are now not at a disadvantage compared to piracy though, except for the price. Before piracy had a better distribution model than non-drmed music (Physical CDs vs Downloads) and had a better price. Now it only has a better price.

  27. DRM won't matter, industry using it to kill apple by acomj · · Score: 2, Insightful

    Bottom line... I'd much much much rather buy songs without DRM.
    People who aren't going to buy aren't going buy and will always find an excuse.

    Notice now though how again the labels with provide "amazon" with DRM free tracks but only EMI will provide apple. Using there catalogs as muscle to try and make the online sale more even. Those labels are evil..

  28. Econ 101: Price Tends to Marginal Cost by Anonymous Coward · · Score: 0

    The music industry must learn to live with the realities of economics. The price of a good will tend toward the cost of producing one more copy of the product.

    Digital media is very inexpensive (nearly free) to reproduce. Therefore we would expect the price to tend toward zero. Trying to increase the cost of reproduction via DRM is very unlikely to work.

  29. Re:Remember when horses were the only way to trave by Mr.+Underbridge · · Score: 2, Interesting

    The moral of this story is: technology. It will force change. Either keep up with it, or remove yourself from the market. Music doesn't have to be paid for - not any more, and no longer will we have to worship the few and provide them economic sustenance, so that they are only able to do it, when the many can do it, themselves.

    Are you talking about content generation or distribution? Even if the RIAA goes away, we would be paying artists directly for the music. Unless this really isn't about DRM, but about getting shit for free.

  30. Loss of income generation by Anonymous Coward · · Score: 0

    If content becomes free, this will have an interesting ripple effect.

    Since programmers can no longer make big money on apps, programmers will be paid less.

    Since there are no big scores in music anymore, musicians will be paid less.

    When the Kindle takes off, authors will be paid less.

    We've already seen, since indie rock, that many many people can produce music. What happened? The good big acts (Led Zeppelin) got replaced by trendy crap (Amy Winehouse).

    Free content means unpaid or underpaid creators, which means people with talent will avoid the field. Our culture has been bad... and now it's getting worse.

  31. Hippie? by RedHat+Rocky · · Score: 4, Interesting

    "I love how intelligent people think subscription-based music services are the way to go. All you can eat for $15 a month. Talk about devaluing your product. People can download enough songs to fill 100 albums and pay under $20. How does anyone make money this way?"

    Yeah. I can't figure out who ANYONE could make MONEY charging people RECURRING fees for CONTENT.

    I mean, who would pay good money a month for a stack of dead trees?

    Whoops, did I switch "magazine" and "music" again?

    How old is your daughter again? Oh yeah, failed to mention that. Let me guess, three tops. Hippie? Dude, you're stuck in the 80's, aren't you? Well, at least you didn't use the C word.

    DON'T FEED THE TROLL!

    Okay, enough making fun of the naysayer, on with the facts:

    1. "Consumers" (I really HATE that word) are willing to consume that which is good. The "digital content" folks are in trouble because their content sucks. Rather than admit their faults, they prefer to point fingers. In one sense, the bonehead is correct, DRM-free won't stop the bleeding, but that's because the bandaid is in the wrong place. Radiohead is a good example, people are willing to pay money to support content they like. Duh!

    2. DRM-free has value to Consumers because DRM restricts that which they previously enjoyed.

    3. Audio quality isn't the issue, if higher quality is desired the demand will be there. Otherwise, non issue.

    --
    Anything is possible given time and money.
    1. Re:Hippie? by nogginthenog · · Score: 1

      Yeah. I can't figure out who ANYONE could make MONEY charging people RECURRING fees for CONTENT.
      I mean, who would pay good money a month for a stack of dead trees?
      Whoops, did I switch "magazine" and "music" again?

      The major difference is that when you stop paying the recurring fee your old magazines don't suddenly become unreadable.

  32. hark, I hear dinosaurs whining. by swschrad · · Score: 1

    there are precious few facts. here they are as I see them...

    1) moguls are all about control and big bucks.

    2) music moguls are defined by (1), above.

    3) analog reproduction was controlled by cheap single-song records in the acetate disk and tape recorder days.

    4) industries, for instance radio, were co-opted for promotion purposes.

    5) when first the source, and then the distribution, methods changed to digital, all of a sudden all copies were masters. the industry was blissfully unaware of this until somebody's kid told them he could make "greenies". there were no cheap single-song media in circulation. the moguls came unglued, their business model had changed without notice.

    6) nothing has changed since. the moguls are unglued, the kids are still finding ways to make "greenies," and even the albums don't have a single song worth buying.

    7) clusterfsck. "oh, hey, got an idea. let's attack our customers with badware."

    8) no profit.

    9) steps 5 though 8 are being repeated at lightning speed every time somebody breathes. the industry is going down the tubes.

    10) hey, why NOT try something different? why NOT dump the badware and allow single song sales again? through the distribution network the kids want to use?

    oh, that's right, it takes BUSINESSMEN, not moguls, to do that.

    folks, buy your own instruments and start learning to play yourselves.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  33. Same argument as for FOSS by filbranden · · Score: 1

    Well, that's the same argument against FOSS, that it will kill economy and that it's not a viable business model. Yet, all the big ones (IBM, Sun, Oracle) are incorporating more and more FOSS in their businesses, and having profit from it.

    If you want real innovation on the music industry you have to start breaking the model that treats consumers as if they were cattle. For an example of something really interesting and newsworthy on this area, see the success that Radiohead had by distributing their latest album on the Internet, in a model that the consumer chooses the price he deems right for it.

    1. Re:Same argument as for FOSS by Geof · · Score: 1

      You're right to compare music to software. The key characteristic of software is that it's infrastructure: when software becomes cheap and plentiful, we are able to use it for more things. Even if the software industry shrank in dollar terms, the overall benefit on the economy would be positive. But it won't shrink in dollar terms because software is infrastructure for more software: the more useful software we can have, the more useful software we can - and will - make.

      Music is similar. It is used in movies, videogames, TV shows, YouTube videos. It's used at restaurants, clubs, schools, and so on. When music goes down in price, it makes these other activities more efficient, benefiting the economy. And, like software, new music is made of old music. It becomes easier to make more music. It is not obvious that the overall music industry will shrink.

      Music has one other clear benefit. It is a social good. People use it to cope with stress, to relate to others, to communicate. They play music to learn, to engage their minds, to express themselves. When these uses are more accessible, we all benefit - economically, but even more importantly in other ways. It improves human well-being.

      The digital economy isn't going to collapse because of an abundance of music any more than science will collapse because of an abundance of mathematics.

  34. Maybe.... by Kjella · · Score: 1

    ...in a market where production is cheap, talented artists are plenty and promotion and distribution over the Internet almost free, there's not much money to be made? Little without DRM, less with DRM? I mean there's 8 billion of us, and even if just 0.01% of those got the musical talent, time and interest there's plenty. They're moving very rapidly into the bottled water industry - delivering the same as you get for free, except you're paying for it.

    --
    Live today, because you never know what tomorrow brings
  35. The answer is obvious: MTV by PrescriptionWarning · · Score: 1

    MTV (and radio) was really the big thing that kept people informed about new music to buy during the 80's and 90's. Now, the more people that only listen to the music they already have on their PCs and portable media players, it means less who are listening to potentially new music for them to buy. So in essence what is needed is a better way to listen to new music, online, the FULL song, and then and only then will the person decide to buy the song/album. Oh and one hit wonders and dance songs don't sell albums, mostly singles.

  36. TFA is flamebait by liegeofmelkor · · Score: 2, Insightful

    Nothing to see here. When the author either doesn't understand or deliberately obscures the fact that there's a difference between free (as in costs no $$) and DRM free, its time to stop reading. There isn't an educated thought throughout, and the author hasn't done a bit of research. It is disheartening that the chief editor of a successful magazine can get away with spewing such drivel. As an editor, he must not only keep his own pieces at such low quality, but also edit his journalists works to ensure similar (low) standards are met in their works. Sigh!

  37. Eighty Thousand Years by Anonymous Coward · · Score: 0

    That's about how long people have been making music (we know this because there are bird-bone flutes that old). http://www.asa3.org/archive/evolution/199611/0045.html Probably even longer. Most of that time people did it for and with their friends for not a dime. Recorded music is only a little older than those now living. People will go right on making music, and earn money playing live, as they have done since time immemorial. We know from Linux that even complex projects will be done by amateurs (i.e. 'those who do it from love') for free. No DRM, no problemo.

  38. Money for old rope by JustNiz · · Score: 1

    The music industry needs to realise that most of us are looking for better music than Britney f'ing Spears or whoever is the current industry-manufactured talentless whiner that needs protools to even sound good that they're pushing on the kids this week.

    Maybe if they stopped being so formulaic and decided who gets contracts based musical talent instead of physical appearance and image-marketability then the silent majority might actually be interested enough to buy some. I mean when you're listening to a CD, who gives a crap what the singer looks like?

  39. Hell yeah! by V!NCENT · · Score: 0

    DRM disapears, Microsoft loses customers to Linux, WGA gets removed from IE7 and XP, video games are moving to the consoles, people want to share their multimedia and software for free (as in price and beer), OOXML is getting dismissed, ogg is now all over the music torrent website's... I see a chance for FLOSS and CC. Many people (even my uncle who is a business man) knows about Linux know and Ubuntu is starting to get attention from the average Joe's. I met some guy who said OO.o was awesome and he knows nothing about computers except for the powerbutton and the Windows start button.

    --
    Here be signatures
  40. No by Anonymous Coward · · Score: 0

    VHS doesn't have DRM. Normal CDs don't have DRM. Images don't have DRM.

    Close down the big sites sharing MP3s and leave the rest of us alone - its a system that has worked for a long time.

  41. I've only just started paying for music again... by Maltheus · · Score: 1

    ...they just need to stick with it for a while. All I've ever wanted were reasonably high quality MP3s at a decent rate and no stupid subscription. Amazon has done that and now they get my money again. That wasn't that hard, now was it. There's simply no reason to download illegally (non-participating labels aside), given most peoples level of music consumption. I don't see how this spells trouble at all. It only spells profit. Something, I've come to believe, corporate America is no longer interested in.

  42. so what by Jeff1946 · · Score: 1

    As I understand it most musicians make money at concerts so recorded music's main purpose for muscians is to get folks to come to concerts. So music always will get recorded and be offered to us in some manner. Getting rid of the unnecessary plastic is a good idea as there is so much waste in unbought CDs etc. Therefore we always should have music available to us. In particular I like the idea of being able to buy individual songs so you are not stuck with a bunch of stuff on a CD that you never listen to.

  43. If it crumbles... by Squirmy+McPhee · · Score: 2, Insightful

    Now consumers are getting their wish, and the music industry will continue to crumble.

    If the music industry crumbles it won't be because it did or did not have DRM, it will be because it failed to offer a product consumers wanted at a price they were willing to pay. No amount of DRM or hand-wringing will change the fact that for some consumers, that means competing with free. Nor will it change the fact that if they produce music that nobody wants, nobody will buy it (even for free). In short, the music industry must either change with the times or go to its grave. That's no different than for any other industry, notwithstanding the industry big-shots who seem to think that consumers owe it to them to keep them afloat.

  44. The first step by nurb432 · · Score: 1

    Isn't removing DRM, its producing content worth purchasing.

    DRM is just an irritant at this point. Yes, it can/will grow to be more then just an irritant, but we are talking about the collapse of the music industry here, not the long term ramifications of DRMizing everything that moves.

    --
    ---- Booth was a patriot ----
  45. Milton Friedman? by vvk · · Score: 1

    YEAH... Markets solve everything.
    If thats the case why do we need corporations/companies/institutions... and all the other non-market-organized items in our perfect market economy.

    The end of the media corporations is NOT the end of culture.

  46. completely wrong... by Anonymous Coward · · Score: 0

    The big mistake he makes is having a title "DRM-Free Music Spells Trouble", then having all this talk about people giving away music for free. DRM-free music does not equate to giving it away for free.

                I think he may be right (but, maybe he isn't) about the Coldplay and Radiohead examples -- I really do not know if bands in general will make enough money selling an album for whatever I want to pay for it (down to $0) would make enough money to be worth it. Maybe it would, maybe it wouldn't; last I heard Coldplay and Radiohead did not release any hard numbers.

              But, that is not what releasing DRM-free music is about. It is simply releasing music without rights restrictions on it. The companies that are doing this are for the most part putting watermarks into the music...

              So, the status quo. I want some music. I am not running Windows, so quite simply, the regular online music markets are 100% useless to me. I have 0 interest in CDs -- I'm playing this on the computer, I'm not interested in ripping a "CD" (which possibly isn't a real CD, trying to make ripping difficult). Therefore, I will get the music P2P, even if I had the cash and inclination to pay for it.

              The new situation (which the article writer seems to have missed.) I want some music. I go to a site that does not use digital rights restrictions. It's in a MP3 or (unlikely I guess..) OGG Vorbis file, so I can actually use it! I buy it. ----- (The important part to the record company). I can do whatever I want with it. **BUT**, it's probably watermarked, so no, I am not going to just go out copying it far and wide to 1000's of my "nearest and dearest" via P2P --- (the other important part to the record company) -- the watermark would track it back to me and I'd probably be sued.

              People argue that the watermarks are removable. Yes, they are. So is any rights restriction system that can possibly be created. But, there's a strong incentive to crack rights restriction systems, as they are restricting the user from using music in ways that are perfectly reasonable (using the same music on desktop and portable player for instance). There's not such a strong incentive for people to crack watermarks -- they don't restrict personal use in any way whatsoever. Someone will crack the watermark system eventually, but I bet there's far less interest in researching it compared to bad DRM systems (for instance, someone like DVDJon cracked DVD CSS and Itunes because they prevented fair use of music.. which watermarks do not.) and I bet the cracks are far less widely distributed. (Compare, for instance, music DRM cracking software compared to software for getting free satellite TV -- it exists but is FAR less widespread, since there's no "legit" use for the satellite TV software.)

  47. OT: Your sig by TheRaven64 · · Score: 1

    Singularity FPS beta 2 now available-it's free! [singularityfps.com] I clicked on your link to try to find two pieces of information; what platforms did you support and what license were you releasing the game under. I guess, from the fact that you talk about downloading 'an installer' with a .exe extension that you are only supporting Windows, and I guess from the fact that you are distributing binary-only that it is under a restrictive license. Perhaps you could make this a bit more clear and save other people the wasted time.
    --
    I am TheRaven on Soylent News
    1. Re:OT: Your sig by rastoboy29 · · Score: 1

      Good points, thanks.

      It's free as in beer, and there's a eula in the installer, and yes, windows only right now.  There will be mac and linux later...

  48. Everyone's looking away from the obvious issue by Bones3D_mac · · Score: 1

    The music industry is obsolete.

    Thanks to both broadband and freebie media servers like YouTube, the economy no longer needs a central figurehead controlling who gets to do what with who's music. Instead, consumers can simply deal directly with the performers themselves, rather than a label, since distribution is no longer tied down to a physical medium that requires specialized hardware to reproduce.

    The music industry only survived as long as it has because the artists lacked the means to create vinyl records, CDs, 8-tracks and audio cassettes in the massive quantities needed to be heard across the country. That is no longer the case.

    The bitter reality here is that no business model can save them, nor would have. The moment everything went digital and networked, they were screwed.

    --


    8==8 Bones 8==8
    1. Re:Everyone's looking away from the obvious issue by Anonymous Coward · · Score: 0

      Well, it's not that easy. The big labels are spending lots of money on advertising and promotion to reach more people than any indy label or musician on his own ever could. That way they keep in control of the charts, which are played by the main radio stations, which still determine what most people are listening to and buying. The musicians they promote then become "stars" and get as much publicity as they want for free, especially if they do some attention whoring by cutting their hair of or some other stuff...

  49. BRING BACK VINYL! by Anonymous Coward · · Score: 0

    Gimme something tangible to huggle!

    So the artist can huggle all the fanthings they want!!!

  50. misdirected focus by themushroom · · Score: 1

    DRM-free music spells trouble? How about talent-free music? The issue is, and has been for years, that the music industry is putting out crap that few would want to pay for (let alone play). Someone figured this one out awhile ago, that the piracy statistics were inflated and CD sales were going down because there wasn't as much worth buying, but that detail doesn't jibe with the RIAA's wanting to be paid every time a song is played, in any form, anywhere, no matter whether a person owns media in some form with that song on it already. People pay for stuff they like, and as iTunes proves that even applies to music with DRM.

    And when it comes right down to it, since music can be recorded with a microphone or line-in to magnetic media or in digital format, the 'rights' thing being harped on doesn't exist. Only the ability to duplicate or play a compact disk or music file does, and those are easily defeated by not using the tool the protection's programmer expects people to use (WMP for example).

  51. pay-per song is the culprit by cornercuttin · · Score: 1

    i dont think DRM was ever the problem. labels are losing money because we now have a pay-per song system, and we as consumers can hedge our costs with quality. i don't need to spend $15 on a cd anymore. i just need to spend $2 for the 2 songs that are good. that is a huge loss. the problem is also the fact that we are getting rid of the ever-so-rich rock icon. it has become harder and harder to become rich just from album sales, and with the advent of the internet, there are more bands out there to choose from than ever. rock stars are making less money, as are the corporate execs who demand the high salaries. musicians are going to have to come to terms with the fact that the glory days are over, and that a $100k salary is good for a musician these days. corporate execs are struggling to keep that huge amount of income that pays for the mansions; look at the copyright extension! i've never had a problem with DRM. i don't download music illegally either. i just pay for what i want and get rid of the rest. that is where they are losing their money. plus, if i lose my cd, i don't have to go out and buy another. i have a backup sitting right next to my computer.

  52. Dwindling Sales by Anonymous Coward · · Score: 0

    The big name record companies seem to be the loudest complainers of how their 'sales are tumbling' yet you don't hear much about other, smaller labels who don't deal with the mainstream genre's having problems.

    Perhaps this decline isn't due to Peer to Peer file sharing, or DRM or any other scapegoat. Perhaps this decline is due to a changing user base, oversaturation and people moving away from the mainstream genres that these labels push.

    It is very convenient to go after the P2P crowd, but after the wave of RIAA lawsuits was there a sudden jump in sales as the average consumer was scared back onto the straight and narrow?

  53. Yes. by Odin_Tiger · · Score: 1

    Is the removal of restrictions from our media really that big a deal?
    Oh hell yes it's a big deal.
    I used to buy lots of music as well as downloading it on P2P networks, but when Napster started getting in real hot water I stopped using P2P. Around, I'd guess, 2003 sometime, maybe 2004 (I can't remember exactly), I pretty much stopped buying music, too. Why? I don't listen to CD's in plain album format. I listen to playlists on my computer and burned mix discs in my car. DRM made this more bother than it's worth, and a disc that I can't rip to mp3 is essentially a 'coaster' as far as I'm concerned. On the rare occasion I bought a CD since then, I looked it up on the internet and made damn sure that I wouldn't have to do anything more involved than holding down 'shift' when I put it in the drive to get it to rip with CDEX.

    But - and this is important - I now buy music about as much as I did back in the late '90s (1 - 2 albums a month). What's changed? Amazon's mp3 store. Should Amazon's mp3 store fail and no comparable service move to take it's place, my music purchases will go back to essentially zip.
    --
    Unpleasantries.
  54. Re:Remember when horses were the only way to trave by Anonymous Coward · · Score: 0

    If you want professionals to make music, they need to be paid. People's time is not free. Your analogy is terrible. Reproduction cost is a minimal amount of the cost of a CD. Not much has changed in production cost through downloads. Your comment is not insightful.

  55. Mod parent up by Captain+Splendid · · Score: 5, Insightful

    Copyright in it's original form already does that: "gives us lots of free music". The only question is the timeframe and whether or not you are going to annoy your paying customers in the meantime.

    Amen. And when that term is several human lifetimes, it is clearly benefiting only one entity: the corporations. The rest of you suckers don't get a look in.

    --
    Linux, you magnificent bastard, I read the fucking manual!
    1. Re:Mod parent up by ShieldW0lf · · Score: 4, Insightful

      Don't forget, this guy is an editor for a print magazine. He considers cutting up other peoples work to fit a format and promote whoever is paying to be an art, and feels himself entitled to be able to do that as a profession for the rest of his life.

      It's like talking to a photography student about copyright. Their position is always an outraged sense of entitlement based around how hard they studied and how much they paid to go to school.

      I imagine horse drawn buggy whip manufacturing students and executive managers sounded much like these people.

      --
      -1 Uncomfortable Truth
    2. Re:Mod parent up by The+One+and+Only · · Score: 2, Insightful

      Honestly, if you want to get rid of copyright, the first thing that's gonna go down the tubes is books. Bands can perform live, photography and art can be commissioned, but when it comes to books we have a vast number of them only because it's possible for most authors to make a decent supplemental income from royalties. I'm not yet an author but as one of the few readers of books left in the world that sucks.

      --
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    3. Re:Mod parent up by TikiTDO · · Score: 2, Insightful

      I truly hope you are just a poor attempt at a troll. As strange as it may sound, but if your books don't suck they'll sell anyway. Trust me when I say you are far from being "one of the few readers of books left in the world." The rather huge and popular bookstore on my block can attest to that. Copyright or no I would still buy books there. Sure, I may be able to download them just as easily, but what if I want to read them on the subway/bus? During lunch? Hell, even in bed?

      This is coming from someone who reads more on a screen than 99% of the world. For the rest of the world reading a novel on a computer would be even more of a ridiculous idea. In summary, books will be the last thing to suffer from removing copyright simply because the people who buy books do so because they love reading. Otherwise they go to the library.

    4. Re:Mod parent up by TheVelvetFlamebait · · Score: 2, Insightful

      Their position is always an outraged sense of entitlement based around how hard they studied and how much they paid to go to school.
      As opposed to your perfectly lucid sense of entitlement to what they work to create.
      --
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    5. Re:Mod parent up by AvitarX · · Score: 4, Insightful

      And if Barns and Noble press publishes your book selling it without paying you, or any of the middle men between you and the shelf how does that help more books get printed?

      If a book goes
      Author -> Agent -> publisher -> printer (probably part of publisher) -> Distributer -> store

      How will it compete with

      publisher -> Printer -> Store ?

      All non-functional art is reliant on copyright. Terms could be dropped to something like 10 years and the vast majority of the profits could be kept though (with a few exception, especially stuff aimed at children).

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    6. Re:Mod parent up by ATMAvatar · · Score: 1

      Sure, I may be able to download them just as easily, but what if I want to read them on the subway/bus? During lunch? Hell, even in bed?

      You could put them on a PDA. Or, if you prefer the paper-like display, toss them on a Kindle or equivalent device.

      That being said, there are some people who simply prefer the tactile feel of holding a physical book and flipping pages. Not to mention, you don't have to pay the rather large up-front cost of a reader like a PDA or Kindle that I mentioned above. I suppose that could be compared to a person who preferred riding in horse-drawn buggies to automobiles, though.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    7. Re:Mod parent up by The+One+and+Only · · Score: 2, Interesting

      Here's the hole in your argument: if we abolish copyright, the publisher that pays royalties to the author is going to be displaced by the publisher that doesn't pay royalties and undercuts the price. At best the author will be able to sell their manuscript to one publisher, and the only reason that publisher will even pay much for the manuscript will be so they have 1 week of lead time over the other publishers in selling the same book. If the book was popular enough the lead time would drop to days or hours. For the average author the market value of his manuscript would drop to peanuts. Royalties are no king's ransom but they're a hell of a lot more than authors would get paid if we just abolished copyright.

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    8. Re:Mod parent up by Kadin2048 · · Score: 2, Insightful

      You don't need copyright, you just need contracts law. You could just refuse to sell your book to anyone who didn't sign a non-reproduction agreement. If someone bought the book and then reproduced it anyway, you'd have more than enough cause to go after them for breach of contract. It wouldn't take much to do this; shrinkwrap with a clearly-displayed notice is legally binding in many jurisdictions.

      You certainly don't need copyright in order to sell intellectual property, just a way of enforcing mutually agreed-to contracts.

      --
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    9. Re:Mod parent up by FLEB · · Score: 2, Insightful

      So, instead of a common, baseline, known quantity which is nonetheless malleable by explicit license (see Creative Commons, GPL, etc.), you'd rather see a vast array of individualized rights assignments with requirements passed down among aftermarket sellers?

      I'll take copyright.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    10. Re:Mod parent up by Anonymous Coward · · Score: 0

      Oh, so if you were producing music and products, you would not like to be paid? A true altruist.

    11. Re:Mod parent up by FLEB · · Score: 1

      You might, but I sincerely doubt that you're in the majority by a long shot. I even doubt you'd "continue buying books" as much as you say you would if the social/ethical/legal stigma of having to pay were removed. A fair amount of people, if there was no real or implied guilt, would not go out of their way to put down cash for something they could get free or cheaper.

      Although people might put forth for outstanding books or for other tangental benefits, you also have to consider the workaday reads that most people would feel just as well about snagging for free as they would paying the money to buy a copy. Newspapers and periodicals, fluffy mass-market paperbacks... although they might not be the highest of culture, they deserve to get their fair slice of the entertainment dollars, whatever that slice may be.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    12. Re:Mod parent up by Javagator · · Score: 2, Insightful
      How will it compete with publisher -> Printer -> Store ?

      It's easy to enforce a law preventing publishers from printing a book without permission from the author. It is much harder to enforce a law preventing me from sharing a music file with one billion of my closest friends. As long as books keep their dead tree format and not go digital, they will be ok. The music industry made its biggest mistake when they decided to use a distribution media that could be read by every computer. I remember back in the old days when people copied music onto tape with a microphone. It was a lot of trouble, you had to buy a tape for each copy, and the quality was bad, so it wasn't as widespread as music sharing is today. Right or wrong, people who would never go into a store and walk out with a CD without paying feel no guilt when they download music.

    13. Re:Mod parent up by Mongoose+Disciple · · Score: 4, Insightful

      This is the difficulty I always have with the idea of eliminating copyright, even though I'm mostly on the "copyright has gone crazy and needs to be drastically fixed" side of the argument.

      It's easy to say the real artists will be the ones making the money from live performance again, but what if I'm a songwriter but not a singer, or a playwright with no interest or talent for being a director/producer, or a novelist, or... you get the idea.

      I don't have a good answer for that yet.

    14. Re:Mod parent up by Valar · · Score: 1

      Hmm. If they are anything like the photography students I know, they are outraged at the idea that someone could take a piece of work that is meaningful to them, put their own name on it, and then, to add insult to injury, make money off of the deal.

      By the way, the buggy whip manufacturers went out of business because of innovation. What you are proposing is as if the buggy whip manufacturers went out of business because all of the sudden it was legal to steal buggy whips.

    15. Re:Mod parent up by I'm+Don+Giovanni · · Score: 1, Interesting

      Just because lots of slashdotters code software and give it a way for nothing, doesn't mean that the rest of society's producers feel the same.

      Speaking of "sense of entitlement", how about guys like yourself that feel entitled to any and every piece of digital content they can get their paws on without payment? Yours is the most selfish generation in history, and you have the gall to call out producers on their "sense of entitlement"? Good God.

      --
      -- "I never gave these stories much credence." - HAL 9000
    16. Re:Mod parent up by Captain+Splendid · · Score: 4, Insightful

      if we abolish copyright

      Strawman. As I've said before, only 12-year olds and complete hippie loons want to abolish copyright. The rest of us just want something a little more in line with actual human timespans. And possibly different lengths of copyright on different types of IP. Software!=Books!=Movies, etc. Different obsolescence half-lives.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    17. Re:Mod parent up by The+One+and+Only · · Score: 1

      I pretty much agree with you. The point of my argument was to establish why, because as we both know, there are 12-year-olds and complete hippie loons on Slashdot and a lot of them get into copyright arguments. And since I wasn't arguing with you, and since furthermore I'm explicitly arguing against abolishing copyright, there was no straw man fallacy, just an error on your part in understanding the context of the discussion.

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    18. Re:Mod parent up by ShieldW0lf · · Score: 3, Insightful

      As a hippy loon, my logic is this:

      Technology is rapidly bringing us to the point where we can make every creative work ever made available to everyone on earth, at trivial practical cost.

      Which means, if we found a different mechanism to promote and sustain creators that didn't give them any less but didn't require them to maintain copyright, we could do just that.

      Making all this culture and knowledge available to everyone will inevitably make them more productive in the general sense, and thus make us all richer on the bottom line.

      So, if you find a different mechanism than copyright to distribute the funds, we all can have more for less.

      That's something even a hard nosed suit can appreciate, is it not?

      --
      -1 Uncomfortable Truth
    19. Re:Mod parent up by bzipitidoo · · Score: 1

      You talk like some of my friends who dream of being writers. They see only how it's supposed to work, and hope someday to get a piece of the publishing action. They get very angry over any discussion of copyright; they don't want to hear that bad news along with a purely statistical assessment of their chances. Also, and most unfortunately, they don't want to hear criticism of their writing, and that alone I feel means that particular ambition has no hope. For a sober, statistical realization of the chances, peruse the magazine rack at a bookstore and see just how many there are for writers. It's dozens. To support that many, there has to be a whole lot of people who dream about becoming successful authors. In short, even if their stories were any good (which they aren't), their chances would still be extremely poor. Where do you honestly think you stand? If you aren't writing lots of prose every day, you won't make it as a writer. Don't be like these friends of mine, hypnotized by this wholly illusionary promise to the point you stand there and defend this system that in fact does nothing for you, and isn't likely to ever do anything for you.

      You are going to have to accept that copyright DOES NOT WORK! It only sort of works now because publishers need lots of physical equipment that cannot be easily moved about or hidden, and distribute on physical media which can be treated rather like any other physical good. And also because many people still have some respect for it. That respect will erode, and copyright extremism such as Ford's recent assault on this Mustang owner's club will only erode it faster. Copyright enforcement will only become harder as copying becomes ever easier, and digitization becomes ever more ubiquitous. It used to take a Xerox a few hours to copy an entire book. Now we're seeing the possibility that the entire Library of Congress will be online, can be transmitted halfway around the planet in a few seconds, and may be stored on devices smaller than a fingertip. There will be all kinds of compelling reasons to digitize everything that can be digitized, for instance so Google can search it. Preservation is another reason. Copying is going to be, maybe already is easier than breathing, and will become easier yet. Copyright has no chance of being at all enforceable in such a climate, and is going to look ever more archaic and ridiculous as we advance. In the future, copyright is going to make about as much sense as setting the national speed limit to 20 mph so horses can safely use the highways. Also, the few who want to help make copyright work too often are looking out for their interests, not yours, and while quite capable of forcing a lonely author to a bad deal and lobbying for extreme laws, are nevertheless completely unable to defend themselves from piracy. They sure aren't looking out for you, or the future. You must find other ways to promote art and science. As quite a few such proposed ways appear to be rather socialist, possibly even communist, and you may one of those sorts of conservatives who is proud of not being a "flip-flopper", and who believes strongly in the market and that government "subsidies" are contrary to this ideal, you may also need to reexamine your assumptions and beliefs. Stop wasting time wishing for the impossible.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    20. Re:Mod parent up by Dun+Malg · · Score: 1

      As opposed to your perfectly lucid sense of entitlement to what they work to create. Your answer assumes that copyright is in any way natural. It's not. It's a government granted monopoly. It could just as easily be argued that it is they who have the sense of entitlement, with nebulous claims of "ownership" of images they have chosen to share with the world. It could be argued that if they wish to retain complete control of their work, they need to not give it to anyone. Of course that would rule out selling it to anyone.
      --
      If a job's not worth doing, it's not worth doing right.
    21. Re:Mod parent up by The+One+and+Only · · Score: 1

      If you can find a replacement for copyright that delivers all the benefits of copyright with fewer side effects, go for it. My purpose in this discussion is to outline the problems involved, not to discount any solutions to them.

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    22. Re:Mod parent up by speardane · · Score: 3, Interesting
      the editor got one thing right

      Growing up, I bought countless books, a bunch of music, and a fair number of videotapes. No one really thought about content ownership
      and then someone came along and told me I couldn't treat CDs like books etc; insisted in stealing my time being insulted about theft; and wanting more money each time they manipulated formats to get what I had paid for again.

      I still buy countless books & music - but I cheer everytime these insulting abusive ...people... gets their comeuppance

      I believe over time we will find the direct to market model will put as much money into the hands of the whole genuine creative chain, as the current copyright profit skimming cartels do at present

      --
      if "Faith" could be proved with facts - would it still be faith? So why does "Faith" try to present beliefs as fact? -
    23. Re:Mod parent up by The+One+and+Only · · Score: 1

      I would appreciate if you refrained from making ignorant assumptions about my political beliefs as a whole, simply based upon my observations that copyright still serves its original purpose to protect authors' royalties. I'm under no illusions about writing being a sustainable occupation for most people. Authors' royalties may not be a king's ransom, but they're a nice supplemental income if you can get them. If you can actually propose a different way of paying writers that would work at least as well as royalties, I'd be interested to hear it. What I'm not interested in is sacrificing the future of literature in the name of abolishing copyright for the sake of abolishing copyright.

      Incidentally, unlike musicians, authors actually retain the copyright to their books in most cases. This is because, unlike recording music, writing books doesn't require much capital investment. Also, publishers are less of an oligopoly than the music labels are, so there's more competition. The main reason writing isn't very lucrative is because not many Americans read books, and because easily 1 out of every 100 people is capable of writing a decent book. That's basic economics, not publishers screwing people over.

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    24. Re:Mod parent up by Saint+Fnordius · · Score: 2, Informative

      Please, not this "theft" canard again. What is being stolen? Nothing. A copy is being made without permission, but that's not theft. Watching a Cubs game from the roof of a neighbouring house is not stealing from Wrigley Field.

      The problem is that rights to make copies were codified when the technology to make copies was still expensive and rare, to encourage publishers to make copies. It does not fit the modern age where the ability to copy (and by extension create new works) is in every household.

      The publisher may now feel cheated of his compensation, but nothing was taken. Instead, he merely isn't given what he feels he was entitled to.

      And remember, though somebody else making money off of your work might be galling, the absolute worst thing is when your artwork goes unnoticed. With DRM, the chances of your creations being lost due to incompatibilities are enormous.

    25. Re:Mod parent up by boomfart · · Score: 1

      The thing that annoys me about photographers and "their" copyright is the subject ie the thing everyone is paying to see has no rights. I can pay for a photo session of my family I get charged a fair hourly rate for the time it takes they then get money per photo AND they retain the copyright to the pictures try getting proffesional copies made especially if the photo studio goes out of buisness (not real enforcable with scanners so cheap but still sux). Or even more annoying if a photographer takes a photo of me he owns the rights to it I have no say what happens with it no wonder so many celebs get the shits with photographers. Copyright is meant to prevent people leaching of anothers hard work by unauthorised copying yet that is exacty what some photographers do by photographicly copying the image of someone else who has worked to make their image valuable.

    26. Re:Mod parent up by Jesus_666 · · Score: 1

      Which is why nobody wants to abandon copyright. What we want is more sane copyright terms. Just bcause you've written a greal book doesn't mean your family should live off that for the next 120 years. That doesn't entice people to create new work, thus failing to do what copyright was explicitly designed to do.

      Fifteen to twenty years should be plenty of time to make money from your work. If you want more money after that, do what everyone does and keep working. Write another book.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    27. Re:Mod parent up by GodKingAmit · · Score: 1

      I totally disagree with your conclusion if we eliminate copyright. And to the guy below me, I am neither a 12 year old, nor a hippie loon. Wouldn't you as a consumer of books, pay more for the version of the book that benefited the author? (just like how people continue to pay for music even though free copies are available) Maybe authors could charge for giving authors talks, or signing books. Maybe authors could attract patrons who would finance their book. Maybe we could introduce a statutory licensing system for books that would both pay authors and eliminate this system of giving monopolies on information. My point is that eliminating copyright will not cause the destruction of creative goods, it will just require a modification of the business model, just like the music industry is going through.

    28. Re:Mod parent up by The+One+and+Only · · Score: 1

      I completely agree with you.

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    29. Re:Mod parent up by Dillon2112 · · Score: 1

      Yeah, you're right. There was *no* innovation that went into the internet, peer-to-peer networks, digital music encoding and cd ripping.

      On a serious note, the analogy is actually quite good, but the two events occur a meta-level apart: buggies died because of a new product, CDs are dying because of a new way of conceiving of the market.

      On topic, the guy has no point - selling CDs *is* selling DRM free digital music. Whether you sell it online or in plastic disc form is immaterial to the piracy issue. Unless we're going to start selling only DRM-laden material, DRM only pissed off legitimate customers - anyone who wants to pirate can head over to TPB and start downloading. No technical expertise needed.

    30. Re:Mod parent up by rohan972 · · Score: 1

      aha, so:

      1) ?????
      2) abolish copyright
      3) profit!

      The difficulty people have with your position is that you haven't come up with step one yet. Until then, I'm in favour of shorter terms for copyright (say 14 years) but not abolishment of copyright, as it has proved to be a very effective incentive to create works, which a replacement incentive needs to be in place before copyright is abolished in my opinion.

      Even with 14+14, I don't think it can be easily argued that if all copyrighted works created before 1980 were released to the public domain that the worlds culture and advancement would be crippled by the temporary copyright protection of the works created since then.

    31. Re:Mod parent up by dfgchgfxrjtdhgh.jjhv · · Score: 1

      do you have to pay a plumber every time you turn your tap on?

      if an artist wants to actually do some work, and play a gig, and if i've heard they're good, i'll go & pay them. i don't see why they have the natural right to make a few albums in their twenties, then live off the royalties for the rest of their lives.

      a lot of musicians get paid a lot more than brain surgeons, for much less work.

    32. Re:Mod parent up by Erpo · · Score: 2, Insightful

      You make a good point. It's always nice to hear other people advocating the end of copyright. Although most of the time, I warn people about the dangers of not abolishing copyright.

      This sort of thing:
      "Enforcing copyright law requires detecting copyright violations. Copyright violations occur when certain kinds of information are transferred between two private parties. So ultimately, enforcing copyright law requires monitoring communications between arbitrary pairs of individuals. This behavior is mutually exclusive with free speech. Free speech is more important than copyright, so copyright must go."

      Like you, I believe that maintaining a legal/belief system that treats digital information like a scarce physical good keeps information away from people, which makes people immeasurably poorer. If we could duplicate food like we can duplicate digital information, imagine what the world would be like. "It would hurt farmers economically," would be a ridiculous reason to out outlaw food duplicators.

      However, I find that when I express the above views, I get one of two responses:
      1. Ok, smart guy. Why don't you come up with a way to pay artists without copyright? (These people then reject various schemes for compensating artists because they would result in less income than copyright.)
      2. People mostly download pop culture entertainment, not a cause worth furthering.

      So far, I haven't figured out where to go from here. Do you have much success extolling the virtues of abolishing copyright? If so, how do you do it?

    33. Re:Mod parent up by Saint+Fnordius · · Score: 1

      I don't want to accuse you of setting up a false binary, but... you're setting up a false binary. There are alternatives to the two choices of maintaining the status quo or abolishing copy rights entirely. Instead, copyright duration should be re-evaluated to better match the needs of the community, to better balance the right of the artist and his sponsoring publisher to compensation against the cost of enforcement (social cost as well monetary).

      The other thing is that fair use needs to be better defined, as the current system stifles the innovation it was supposed to encourage. Excessive copyright enforcement is now used to prevent distribution, and publishers like Tor/Baen have shown that explicitly allowing non-commercial distribution actually helps the commercial publisher. The service the publisher provides shifts from monopolising the artwork to providing a version of the artwork that has (physical) value. Even Radiohead's latest experiment seems to be a success.

    34. Re:Mod parent up by Zencyde · · Score: 1

      For novels there are fan-fics that exist. Albeit, they're not great, I'd see them evolving if people stopped writing as a profession. One could even potentially commission a book. Text books are also possible. There is plenty of documentation and information available on the Internet. This goes from research papers to manuals to how-to works. One could still sell the paper form of it. Libraries are nice and useful pieces of decor in a household. There are already a few open source movies. From what I can see, each and every art is covered. If there are any problems, I'm sure that the situation will evolve and take a form that better suits an economy with a lack of copyrights. It's only difficult for many to imagine a world without copyrights because we don't live in a world without copyrights. The only reality one can know is their own, I suppose.

      --
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    35. Re:Mod parent up by TheVelvetFlamebait · · Score: 1

      Your answer assumes that copyright is in any way natural. It's not. It's a government granted monopoly.
      Government granted monopoly or no, the GP feels that he is entitled to benefit from the creativity, the investment of tools, and time of others without actually paying them for it. That doesn't exactly seem natural either in a society designed to reward people's investments and efforts. People feel an outraged entitlement to their lives, for example, but the laws restricting the natural human behaviour of murdering, raping, and enslaving are all unnatural by definition. It makes far more sense, and is far more useful, to look at naturalism in terms of values in our society, rather than in anything-goes, natural chaos.
      --
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    36. Re:Mod parent up by FinestLittleSpace · · Score: 2, Interesting

      Copyright may be damaging in some industries but in the book industry it is FAR from that, at least for authors trying to earn a living.

      You clearly have no clue. Without copyright, you have NO RIGHT to demand who can and can't sell your book, your work is public domain therefore ANYONE can print it. Shrinkwrap makes very little odds if someone buys the book second hand, 'never read the EULA' on the front and goes ahead and copies it down word for word.

      Maybe you could invent another method 'better than copyright'? Maybe a big burly guy could come with the book, and if you try to republish it, he'll beat the crap out of you. Yeah, that's better than copyright.

    37. Re:Mod parent up by aproposofwhat · · Score: 1

      If we could duplicate food like we can duplicate digital information, imagine what the world would be like. "It would hurt farmers economically," would be a ridiculous reason to out outlaw food duplicators.

      On the other hand, "It would hurt economically" would be an excellent reason to do so from the point of view of the donation-dependent politician.

      Hell, in states with large agro-businesses, the original argument of hurting farmers would be enough to sway the legislators.

      My position on copyright is simple - it should be fixed term and non-transferable, and if it doesn't make enough money for the creators in that form, they have overvalued their creation.

      In that case, they have the option of thinking of their own ways to add value, or accepting the market valuation.

      Since copyright is in essence a deliberate distortion of the free market to encourage useful works, certain categories of works should be excluded from copyright entirely, music being a prime example, as it cannot in any meaningful way be described as 'useful'.

      Similarly, all works of fiction should be excluded - only factual writing adds to the sum of human knowledge.

      Bands would still form, musicians would find a way to make some income from their work, but only what the market would bear.

      ReaL musicians primarily want to make music - the fact that the music industry has made some performers rich is incidental to the much more important fact (to the music industry) that the shysters running the record companies have made much, much more.

      --
      One swallow does not a fellatrix make
    38. Re:Mod parent up by aproposofwhat · · Score: 1

      Damn - too lazy to preview again - "it would hurt economically" was what I intended :P

      --
      One swallow does not a fellatrix make
    39. Re:Mod parent up by CRCulver · · Score: 3, Informative

      As I've said before, only 12-year olds and complete hippie loons want to abolish copyright. The rest of us just want something a little more in line with actual human timespans.

      Frequently traveling around the world, I've noticed that outside of the U.S. and some Western European countries, local people laugh at the notion of copyright. They add up to most of the world population. True, they might not be actively pushing for abolition of copyright, but they certainly have no intent of respecting it.

    40. Re:Mod parent up by apt142 · · Score: 1

      what if I'm a songwriter but not a singer, or a playwright

      Then somebody will have to pay you to write for them. Even if what you write is instantly in public domain, it does not mean that there wouldn't be demand for new work. It just changes the game some. Writing then becomes a service not a product. And if you're good, they'll pay you for it. If you're really good, they'll pay you lots for it.

      This is the same principle as OSS. Sure, you get the app for free, but you may want to pay somebody for the services around it.
    41. Re:Mod parent up by twoshortplanks · · Score: 1

      Er, no. Contract law only exists between the parties directly involved (or it does in the UK, anyway.) As far as I understand it this means if someone (say Alice) breaches your contract by reproducing something you've sold them under contract and giving it another individual (say Bob) then you can sue them under contract law. You can't however sue the other person (Bob) when they give a copy to another person (Carl) because you don't have a contract with them (Carl). You can only sue the original person (Alice) for further damages they've caused beacuse they let the other people (Bob, Carl, et, al) harm you. Which is great, and all...but if the person's (Alice's) copy ends up all over the net you're not going to recover all your losses by suing one person. DISCLAIMER: I am not a lawyer, not do I have a law degree. I'm waiting for someone with better knowledge to shoot my argument down in a style similar to Good Will Hunting. Any takers?

      --
      -- Sorry, I can't think of anything funny to say here.
    42. Re:Mod parent up by AvitarX · · Score: 1

      Will people really pay lots for a competitive advantage of 6 months to a year (for a play) or weeks to months (for a song)?

      --
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    43. Re:Mod parent up by guruevi · · Score: 1

      The solution is quite simple. Look at how it works today and compare it with Open Source software. A writer writes a book, then goes to a publisher who pays the writer and publishes it on dead-tree and/or digital format and then distributes it. The dead-tree format is not easy to copy page by page so those incomes are guaranteed.

      The digital format however should be sold under a Creative Commons like license just like we do with open source pictures, music and software. Somebody else can take the book and make a copy of it and/or distribute it non-commercially thus adding to the distribution of the writer, if people like the book and want to read it anywhere else than their computer they aren't going to do it by printing each page out when they can get the book for $5-$10 elsewhere. Of course Stephen King isn't going to be able to sell his paperbacks anymore for $30-60 but that's the same as the music industry, an old business model and pricing that can't keep up with technological advancements and current economic forces. Next to that, the writer can set up his own copyright contract, if he wants to be a pain in the butt and not share his stuff, then that would be on him, if somebody wants to give a digital copy with each book, that's good too, that's on him too. At least you'll see people take back their own future in their own hands and not let the government hold their hand and use the governments' resources throughout the process.

      If people commercially use or distribute your product then you can go after them for breach of contract just as much as you would do when somebody steals your software, music or pictures, after all at some point, somebody agreed to your license and either removed it or abused it, that's what courts are for and copyright law isn't going to help against such things.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    44. Re:Mod parent up by Anonymous Coward · · Score: 0

      The rather huge and popular bookstore on my block can attest to that.

      Harry Potter can attest to that. There's a prime example of the most popular book in the world, super easily found for download, yet still broke sales records. It's the simple idea that, even if someone downloads a copyrighted song/book/whatever, doesn't necessitate that they would have purchased said song/book/whatever even if they couldn't download it.

      Though, I'm not naive enough to say there isn't an impact on sales, I just don't believe it's what it's made out to believe. Shit, most of the music I downloaded back when no one heard of Napster, was music I had already owned, but being in college and my parents having moved to a new house, siblings having moved out, that music I owned was either: far away, packed and lost in some box, or accidentally taken to a siblings new place in one of their boxes. I'm not going to buy Sgt. Peppers album again or all my Metallica albums. Screw it. I want to listen to the music that I own and it's asinine for an artist to say that I have to pay each time I want to listen to it in a new format.

      Likewise with movies. How many movies have I copied from online and brick/mortar stores? Lots. How many of those DVD's would I have purchased? None. I would have rented, watched, and returns. Instead, I rent, copy, leave in my binder until I feel like watching it at whatever time of day it might be. I still purchase movies I love. I'll buy Cloverfield when it's released on DVD for sure (If I'm lucky and have a HD system, I'll get it in HD). I still buy/receive gifts for Pixar films because I'm a huge fan of John Lasseter and the outstanding computer animation the folks at Pixar did (having studied and programmed some computer animation in college, I gained an appreciation animated films that those who can look at other art forms have).

      And don't give me all this "digital economy will collapse" FUD. Wow, how original. The US and world economies are tittering on recession and this Editor-in-Chief is trying to sell papers by drawing relationship to serious real world events. Less he had half a brain, he'd realize that "$1 not spent on online music sales is $1 to spend on other online purchases at Amazon, Ebay, etc." People wanting to spend $1 online, independent if it's for music, movies, games, or other.

    45. Re:Mod parent up by The+OPTiCIAN · · Score: 1

      If you're a songwriter then you don't have a business model. That's the way it should be. It's not the job of governments to run around handing business models to you just because you feel that you're entitled to it, which is all that copyright amounts to.

      --


      Believe with me, my saplings.
    46. Re:Mod parent up by T.E.D. · · Score: 1

      It's easy to say the real artists will be the ones making the money from live performance again, but what if I'm a songwriter but not a singer, or a playwright with no interest or talent for being a director/producer, or a novelist, or... you get the idea.


      I'm a coder, but not a businessman. Is that close enough? I still get paid. My company does not make its money off of copyright either. It makes its money selling time on the hardware that my software (and that of hundreds of my co-workers) operates. Occasionally it sells the hardware (along with the software that makes it work) outright too.

      I could see plenty of situations where a singer might want to pay someone to write them a new song, or a producer might want to pay someone to write them a great new play to produce, all to be paid for by the proceeds from the performances.
    47. Re:Mod parent up by Monkeyboy4 · · Score: 1

      I think your assertion on books is off base. But not completely. Books can be tracked unit by unit, and although you an copy them, it is non-trivial to copy a 600 page text. so selling a lot of boos is still good business - it was good business in 1980, and the digital revolution has not destroyed that analog medium. Just how we acquire them.

      More than that, books serve a civil purpose. Books are the most reliable medium for transmitting our culture and history across generations. Books won't go away for a long time.
      One of the things that gets lost in the free markets argument is that there are other lenses to look at society and commerce. The civil lens focuses on relationships between people rather than transactions between people. It's one of the reason that the free market doesn't cure all ills - the free market isn't the right lens for some.

    48. Re:Mod parent up by Mongoose+Disciple · · Score: 1

      I would argue that everyone is poorer for the loss of that type of job. My concern is not about what those people are entitled to, it's about what results in the greatest good/happiness for everyone.

    49. Re:Mod parent up by Kattspya · · Score: 1

      There's a hole in your argument too. It's been shown that even with no copyright a more expensive book that pays royalties can outsell a cheaper book without royalties. I do not understand where you get the impression that all person are total fucking cheapskates and idiots and don't know what's good for them. I.e. making sure that your favorite entertainers don't have to work at wal-mart.

      I give you the war over middle earth

    50. Re:Mod parent up by apt142 · · Score: 1

      Sure! Most people would pay quite a bit to get an advantage. Especially those that already have the money. Here's a list of services in Hollywood and some relative fees: Here. And it would be the Hollywood types that would be paying the Playwrights and song writers.

      Of course the next question is: How will Hollywood get their income if they have to give movies away for free?

      And the one after that is: if anything a writer writes is public domain immediately, then wouldn't all writers intentionally release less content until they land a gig? And if so, would that end up impoverishing our society?

    51. Re:Mod parent up by Jonner · · Score: 1

      It sounds like you're arguing for eliminating copyright laws. Perhaps you don't realize that most (probably all) Open Source and Creative Commons licenses depend on copyright laws to work. You also seem to be ignoring that unlike Creative Commons non-commercial licenses, Open Source licenses do no prohibit commercial reuse or modification.

    52. Re:Mod parent up by dedalus2000 · · Score: 1

      only the extreme have even considered fully dismantling copyright legislation. limiting the timespan in which a work is protected is by far the more common view of copyright reform advocates. 14 or even 28 years from date of publication is more than enough time for an individual or group to profit from a work that has been completed. most books don't take 14 years to write movies may take two or three. copyright law was originally conceived as a means of encouraging the creation of new works not as a guarantee of protection for a corporate profit center in perpetuity.

      --
      My keyboads not woking popely.
    53. Re:Mod parent up by The+One+and+Only · · Score: 1

      There are alternatives to the two choices of maintaining the status quo or abolishing copy rights entirely.,

      Of course I agree with that. But abolishing copyright entirely is one of the options, and it merits discussion. That's what I was doing in that comment.

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    54. Re:Mod parent up by The+One+and+Only · · Score: 1

      One could even potentially commission a book.

      I'd rather have everyone's tastes be covered than simply leave it to what rich people want, but that's just me.

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    55. Re:Mod parent up by The+One+and+Only · · Score: 1

      Books can be tracked unit by unit, and although you an copy them, it is non-trivial to copy a 600 page text. so selling a lot of boos is still good business

      Dude, you almost hit the boat, but you missed it entirely. The historical purpose of copyright was so if you wrote a book, publishers couldn't print it without your permission, allowing for royalties. No copyright, no royalties. There might be an alternative to royalties and I'd like to see what it is, but handwaving about "civil purpose" doesn't solve the problem.

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    56. Re:Mod parent up by Zencyde · · Score: 1

      I believe that's what the open-books are for. A large number of people produce art without the intention of profit. Besides, as I stated before, hard-cover books can still be sold. I found one freely downloadable book that is also being sold today, in fact.

      --
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    57. Re:Mod parent up by chuckT · · Score: 1

      Yeah,

      except that the business model for books relies on there being no cheap and easy way of replicating them. Photocopying is slow and expensive, pdf files are pain to read on a screen. Mp3s took off because they are easy to duplicate at zero cost, with no appreciable loss in user experience. If ebooks become successful, or low cost printers/binders, then the text of books goes the same way as music has done. The primary value of a book is in the paper, but that provides a vehicle for recompensing the author.

      If low-cost universal fabbers become common (yeah, I know, but just imagine) then you would see the same thing happening to consumer design: no simple mechanism to recover value, and therefore no incentive to produce. Music is interesting in that the live experience has an intrinsic value, but the cost of replicating a recording is effectively zero.

      --
      - These are small, *those* are _far away_
    58. Re:Mod parent up by The+One+and+Only · · Score: 1

      Your story just as well proves my point:

      • The legal context of that story wasn't the absence of copyright, it was a loophole between British and American copyrights.
      • The buying population as a whole, according to that story, respected copyright in principle.
      • The buying population as a whole, according to that story, was attentive to justice when it came to the products they bought.

      In contrast, we would only be able to abolish copyright if a significant part of the population no longer respected it, simply because that's how politics works. Nor are most American consumers attentive to justice--if they were, there would be lower demand for gem diamonds and more attention to labor practices in the developing world.

      Furthermore, most authors already do have to work day jobs. Royalties are only a supplemental income for them, but often that supplemental income is the only thing that justifies their being able to write.

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    59. Re:Mod parent up by pragma_x · · Score: 1

      That's something even a hard nosed suit can appreciate, is it not?
      Not if said hard-nosed suit has "people skills" and "golfing at just 4 over par" as their sole bread-winning talents. Despite what benefits it may impart on society, it's still a threat to the status-quo and their rather comfy niche within it.
    60. Re:Mod parent up by ciggieposeur · · Score: 1

      when it comes to books we have a vast number of them only because it's possible for most authors to make a decent supplemental income from royalties.

      It always sounds like writers can do pretty well, but in truth writing is already going the way of music thanks to the agglomeration of publishing houses. A few big stars make it really big, a secondary small pool of talented folks can manage to eek a one-hit-wonder for themselves, and then everyone else remains unknown.

    61. Re:Mod parent up by shark72 · · Score: 1

      "If you're a songwriter then you don't have a business model. That's the way it should be. It's not the job of governments to run around handing business models to you just because you feel that you're entitled to it, which is all that copyright amounts to."

      Straw man. The constitution states that it's for the purpose of promoting the arts, not because somebody feels that they're entitled to it.

      --
      Sitting in my day care, the art is decopainted.
    62. Re:Mod parent up by HiThere · · Score: 1

      The reasonable solution is a copyright period of 5-10 years. Possibly it could be different with differing media, 5 years for text, 7 for audio, 10 for movies. (I think I'd count computer programs as text.)

      BUT!!! If you do this, you must make the copyright only cover non-DRM equipped material. Otherwise you'll still end up with an unjust system...just one that's even more cumbersome than the current one.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    63. Re:Mod parent up by HiThere · · Score: 1

      The Ford situation is more complex that the article indicated. Here's the words of a Ford representative (at second or third hand, be warned):
      My name is Whitney Drake and I work in Ford Communications.
      We've been watching this discussion with interest and I'd like to
      clarify what is essentially a misunderstanding.

      Yesterday we spoke to both Cafe Press and the Black Mustang Club
      and explained the situation (about the Black Mustang Club's calendar) to everyone's satisfaction. Ford has no problem with Mustang or other car owners taking pictures of their vehicles for use in club materials like calendars. What we do have an issue with are individuals using Ford's logo and other trademarks for products they intend to sell. Understandably, we have to take the protection of our brands and licensing very seriously.

      Ford did not send the Black Mustang Club a "cease and desist" letter telling them that they could not use images of their own cars in their calendar. The decision not to allow the calendars to be printed was made by Cafe Press, because we had gotten in touch with them in the past about trademark infringements on products they sold.

      The Black Mustang Club, and any other Ford enthusiast club, are free to take pictures of their own vehicles for use in calendars or other materials as long as they don't use Ford trademarks in products that will be sold.

      I think it is great that the Black Mustang Club, and any other enthusiast club, would take pictures of their own vehicles for use in calendars or other materials.

      I'm looking forward to purchasing a copy to hang in the garage next
      to my Mustang (even if mine isn't black).

      Thanks for giving us the chance to have our say.


      I can't guarantee that this actually came from Ford, but it's what I found on a quick search. As to whether Ford's normal policy is reasonable or not, I don't know. It's clearly not *quite* as unreasonable as the recent /. story indicated. It's also based on Trademarks rather than copyright. (Trademark law is normally more reasonable that copyright and patent law have become. This doesn't mean it doesn't have large warts. One of the major ones of which is that it favors the wealthy and powerful. Just not quite as blatantly.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    64. Re:Mod parent up by aethogamous · · Score: 1

      Copyright or no I would still buy books there. Sure, I may be able to download them just as easily, but what if I want to read them on the subway/bus? During lunch? Hell, even in bed?

      I would agree that works written word as currently seen in books will take longer to suffer than other digital works, but what will happen when really usable ebook readers become available and cheap? At that stage the act of paying for books when they are legally free is an act of charity. Not that there is anything inherently wrong with charity, but I am not sure that this is a model that could sustain many authors for long.

    65. Re:Mod parent up by IamTheRealMike · · Score: 1

      I don't want to sign a 3-page contract full of fine print defining exactly what "reproduction" is every time I buy a book, piece of music, movie, word processor or video game. That's absurd. EULAs are bad enough and they are only easily skippable because companies livelyhoods don't depend on enforcing them.

    66. Re:Mod parent up by Erpo · · Score: 1

      On the other hand, "It would hurt economically" would be an excellent reason to do so from the point of view of the donation-dependent politician.

      Not that it has anything to do with copyright, but I don't buy this.

      Maybe you've seen previews of a new movie where a crazed killer kidnaps someone and sets up a web site with a kidnapping cam. The twist is that the web server is hooked up to a machine that injects poison into the captive every time someone visits the site to look at the captive (or something like that). Enough hits on the server and the captive dies. Predictably, the site gets popular, the hit rate goes up, and captives die more an more quickly.

      I've asked several people whether they would visit the site if it were happening in real life. All of them have said, "Yeah, everyone would visit the site. The captive would have no chance." But when I ask them if they personally would visit the site, all of them have said no. I'm willing to bet that a sense of personal responsibility would outweigh morbid curiosity in this case. I mean honestly, would you feel good about visiting the site?

      I think it would work the same way with food duplicators. Maybe you're jaded, but do you think any individual would say, "Yes, food duplicators should be illegal to ensure farmers can go on making money."? Even the farmers?

    67. Re:Mod parent up by The+One+and+Only · · Score: 1

      So we've covered books that rich people want to read, and books that people with copious spare time want to write with no expectation of reward. Sorry, that's still limiting. And while hard-cover books can still be sold in a world without copyright, royalties wouldn't be paid.

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    68. Re:Mod parent up by The+One+and+Only · · Score: 1

      While only very few can make writing books a full-time career, there are a whole lot of people who can write a book that's profitable to print. In 2005, 172,000 different titles were published in the United States. That's in a single year. The vast majority of them were probably written by people who have day jobs. These people were able to supplement their income by writing books--not replace, but supplement--and this is probably a major reason why so many books are written and published. I never said writers can do well at all, and most of them have to keep working full time in order to support themselves. But as long as it's limited to a reasonable term and restricted by liberal fair use allowances, copyright does serve to promote the arts and science, just as the Constitution intended it to.

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    69. Re:Mod parent up by The+One+and+Only · · Score: 1

      only the extreme have even considered fully dismantling copyright legislation

      Read through this thread. There are plenty of those extremists here.

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    70. Re:Mod parent up by The+One+and+Only · · Score: 1

      The dead-tree format is not easy to copy page by page so those incomes are guaranteed.

      Copyright was created in the days when "dead-tree format" was all we had. Publishers still copied and sold books, even in the 18th century, without paying royalties. "It's too much effort to scan, clean up, and reprint a book" hasn't been an effective technical restriction since we replaced monks with printing presses!

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    71. Re:Mod parent up by Risen888 · · Score: 1

      Yeah, because no one wrote books before the era of million-year copyright terms. And there are so many people out there downloading "pirated books." (Yes, I know there are a few, but it's far from a widespread phenomenon.)

      The thing about books is, they're fucking hard to copy. With music or movies or photography, one can easily make a digital copy without damaging or destroying their original. This is not the case with books. To get a really good scan, you have to take it apart and run the pages through individually. Very few people are willing to do this with something they just spent $7 - $100 on.

      --
      Hey, I finally got my first freak! Took you long enough!
    72. Re:Mod parent up by xmda · · Score: 1

      I think you make the, IMHO, false assumption that there is some natural right to be able to get paid doing whatever you want. Just because you have been able to get paid for certain services in the past does not mean you will in the future. Compare this to any profession that has died out because something new replaced it.

    73. Re:Mod parent up by Kattspya · · Score: 1

      A loophole which meant that royalties weren't payed out which differs exactly how from absence from copyright?

      And that wouldn't be possible today why? Because people don't respect copyright as much? Would a war on piracy change that or even do any good at all?

      Which proves the hippies point and contradicts yours.

      You're still saying that people have no idea what's good for them. We can't abolish copyright now because not enough people would want to We can't abolish copyright later when most people want to because then no-one would get payed. When exactly can we abolish copyright? And why should I trust you on your words without any empirical evidence?

      I'm aware that most authors suck and I wasn't talking about them I was talking about the other kind.

    74. Re:Mod parent up by The+One+and+Only · · Score: 1

      Yeah, because no one wrote books before the era of million-year copyright terms.

      I'd be satisfied with a 20 year copyright term for books. Maybe 10.

      The thing about books is, they're fucking hard to copy. With music or movies or photography, one can easily make a digital copy without damaging or destroying their original. This is not the case with books. To get a really good scan, you have to take it apart and run the pages through individually. Very few people are willing to do this with something they just spent $7 - $100 on.

      You're like the tenth person not to figure this out. Hint: why was copyright invented, centuries before recorded music or photography, or scanners?

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    75. Re:Mod parent up by The+One+and+Only · · Score: 1

      A loophole which meant that royalties weren't payed out which differs exactly how from absence from copyright?

      In the Tolkein example, the vast majority of new books were published under copyright, and there was a public understanding that copyright existed and that authors should, for a limited time, be paid royalties from the sale of their books. If you can't see a difference between that world and a world where copyright doesn't exist, I can't help you.

      And that wouldn't be possible today why? Because people don't respect copyright as much? Would a war on piracy change that or even do any good at all?

      When exactly did I propose a war on piracy, again?

      We can't abolish copyright now because not enough people would want to We can't abolish copyright later when most people want to because then no-one would get payed. When exactly can we abolish copyright? And why should I trust you on your words without any empirical evidence?

      Let me put it this way: it makes no sense to abolish copyright and then expect market forces to enforce that copyright for you. If it was the accepted order of things to write and publish books without copyright, there would be no public outcry for publishers to pay royalties to authors because that's exactly the system that would be abolished.

      If you have a real, substantive proposal to replace copyright with some other mechanism that would do just as well at promoting book-writing, I'd be glad to hear it, and to compare it to the alternatives. Absent such a proposal, I prefer a system of time-limited copyrights with explicit fair use exceptions. This is most emphatically not the system we have today, although it was the system we had when Tolkein's works were first released in this country.

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    76. Re:Mod parent up by The+One+and+Only · · Score: 1

      It's easy to enforce a law preventing publishers from printing a book without permission from the author. It is much harder to enforce a law preventing me from sharing a music file with one billion of my closest friends.

      Thanks. You described the exact policy I want.

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    77. Re:Mod parent up by bzipitidoo · · Score: 1

      copyright still serves its original purpose to protect authors' royalties

      But that's not copyright's original purpose. The original purpose is to promote the arts and sciences. Royalties are merely a means to that end.

      Authors' royalties may not be a king's ransom

      True for most authors. Indeed, most technical books are not written for the direct profits. They just don't make enough money. Spend a year writing a technical book, and you might make a whopping $3000, that's all. They are written for "kudos", which translate into indirect profits through job offers and such.

      authors actually retain the copyright to their books in most cases

      The newer the medium, the less likely a publisher was to be that generous. In the 1950's, fiction and especially SF and fantasy was still something of a niche market, not taken seriously, only found in fringe magazines. Many people had the attitude that only irresponsible, lazy bums read or, even worse, wrote fiction. So it was easy for publishers to bully authors. An example of this was Asimov's Foundation books. For a while, the copyright to the Foundation trilogy was not owned by Asimov, it was owned by a publisher who had gone bankrupt. So when they became popular again, Asimov could not have his own works reprinted, and couldn't make any money off it. Took another publisher to straighten that out. In the recent past, it's been comics that have gotten that kind of treatment. Today, it's web publications. Web publications have the additional problem of collecting revenue. As it's really not possible to collect from the readers, the model that has possibly been the most successful has been the same as used for TV, the idea of bundling the work with advertising, and charging the advertisers for that. That model has its problems, for instance, I don't like having my Internet connection slowed down by too many too large and flashy ads, so I block them. Even with a fast connection, the other end can be the bottleneck, taking many seconds to serve up an ad and holding up the rest of a web page for that.

      If you can actually propose a different way of paying writers that would work at least as well as royalties, I'd be interested to hear it.

      Then you shall hear it. I hope you'll find this at least a little bit interesting, and can get over any annoyance you feel towards me.

      First, I think coming up with other ways is necessary. Controlling the copying of information just isn't going to cut it anymore. Now, I have thought much on how to compensate artists and scientists. And I don't have anything I feel is entirely satisfactory. I think it can be broken into 2 problems. 1) how to value something, and 2) how to collect.

      One of the beauties of the market is it is a great way of determining what something is really worth. Without that, how do you value something? I have thought of keeping statistics. Perhaps count the number of times a work is downloaded from digital libraries, but this has a number of problems. If you could track the statistics so easily, then maybe you could about as easily collect money. Except that people are much more willing to spend trivial information than money. Next, how do you stop gaming of such a system? Authors could download their own works repeatedly merely to increase their statistics. The only case I can think of where book bestseller lists were manipulated in such a fashion was L. Ron Hubbard's stuff, which cost quite a bit of money, enough to deter all but the Scientologists from trying it. Plagiarism could be another problem, but I think digital signatures and digital notaries could handle that. Online, there have been some small scandals about the inflation of click counts. Voting, electronic or paper, has the same problems. Even apart from problems of fraud, determining the value of a work is very, very hard. Note that the market, good though it is, isn't perfect. Another mistake people often m

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    78. Re:Mod parent up by bzipitidoo · · Score: 1

      I don't know what to think of this. It doesn't sound nearly clear enough. It sounds like Ford is saying both yes and no. You can publish and sell pictures of Ford products, except that you can't publish and sell pictures of Ford products. Really, what does "using Ford's logo" mean? Is a picture of the Ford logo on a Mustang a use of Ford's logo to sell products? That seems the crux of the question, and I'm not seeing a clear answer here. Cafe Press apparently doesn't have a clear answer either, and has, understandably I suppose, opted to play it safe and not publish anything at all to do with Ford. Maybe most of the fault lies with Cafe Press, but I don't let Ford off, and feel they must do a better job of handling these issues.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    79. Re:Mod parent up by g0dsp33d · · Score: 1

      Or possibly just the way we view books will change. They said music was gonna die from radio, tapes, cd burners, mp3s. Noticing a patern? When was the last time books changed? Maybe digital books as a service will kick off more, but I kinda prefer the feel of a dead tree. Plus the other difference is that its not really efficient to copy books in print form. Its cheaper to purchase them than to pirate them.

      --
      lol: You see no door there!
    80. Re:Mod parent up by The+One+and+Only · · Score: 1

      Your ideas are interesting but until I've heard something that could actually be implemented, and that would work better, I'm going to stick to advocating limited-term copyright with vigorous protection for fair use.

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    81. Re:Mod parent up by richie2000 · · Score: 1

      Books are the last thing to go digital, so they will be the last thing that gets copied wholesale.

      Also, we're approaching a tipping point where most authors make more money from book-signing tours and lectures than they do from royalties. One reason for this is that books haven't gone digital, in the sense that they have not enjoyed the same drastic drop in production costs that music and video has. Another is that book prices have gone down, most likely in a bid to compete with other forms of entertainment.

      Actually the only ones I see that would suffer from a drastic reduction of copyright protection in any way are big-budget low-quality movies and single-player computer games. All others are, in reality, already out of protection and doing fine. We live in a world with rampant online piracy and the entertainment business as a whole is posting yet another record year. Physical copy sales are down, but experience-based entertainment (like concerts and even cinema visits in many regions) is way up.

      --
      Money for nothing, pix for free
    82. Re:Mod parent up by mqsoh · · Score: 1

      I think you want to find an analog in classical music. Composers compose for many reasons (maybe they just enjoy it) - like the growing community of FOSS developers. If someone with money values their work, they might get a commission. If a country values their work, they might get a subsidy or grant. If I value their work, I'll find performers (who I also value) who perform their work. I might pay any number of people to get to that performance. There are many ways for an artist to make money like this. Right now, there's only one way - the RIAA way.

    83. Re:Mod parent up by Risen888 · · Score: 1

      I'd be satisfied with a 20 year copyright term for books. Maybe 10.

      Me too. I'm not calling for the abolition of copyright.

      why was copyright invented, centuries before recorded music or photography, or scanners?

      To combat unscrupulous printers who were engaged in the large-scale printing and selling of "pirated copies" of books during the eighteenth century. I fail to see what that has to do with the issue at hand.

      --
      Hey, I finally got my first freak! Took you long enough!
    84. Re:Mod parent up by The+One+and+Only · · Score: 1

      To combat unscrupulous printers who were engaged in the large-scale printing and selling of "pirated copies" of books during the eighteenth century. I fail to see what that has to do with the issue at hand.

      That is the issue at hand, and that's why copyright abolition would hurt authors. I'm glad we're agreed on both of these points, but about half of the other people in this discussion really do want to abolish copyright.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    85. Re:Mod parent up by iminplaya · · Score: 1

      ...as it has proved to be a very effective incentive to create works...

      Without anything to compare that to, on what do you base that assumption? The sole legitimate concern of copyright, and patents is the control of plagiarism. The right to use and copy, with proper attribution, should not be infringed. As it stands today, copyright is the classic case of "when you give an inch, they take a mile". When you give undue authority to people, they invariably crave more. A true slippery slope that has become a cliff.

      --
      What?
    86. Re:Mod parent up by rohan972 · · Score: 1

      ...as it has proved to be a very effective incentive to create works...
      Without anything to compare that to, on what do you base that assumption?
      Well, you got me thinking ... the books on my bookshelves. While many of them, it would seem to me, were written to disseminate information and ideas, it seems unlikely that many of the authors could afford to spend the time researching and writing if they had no reasonable expectation of being paid. Some of them would probably have been written anyway, but not all. Before copyright, most authors needed to have a patron to support them. In a world without the printing press this was probably a very good way to enable written works to be created. With the invention of the printing press, sale of mass produced books had the potential to provide recompense to the author without the need for patronage, taking control of the spread of ideas out of the hands of those rich enough to be a patron and putting it in the hands of anyone who thought their material would sell.

      The sole legitimate concern of copyright, and patents is the control of plagiarism.
      I'm not sure what you're trying to say here, but "legitimate" means according to law or lawful. It is already established in law that that copyright is not a natural right in the UK or USA. "In both countries, the courts found that copyright is a limited right created by the legislature under statutes and subject to the conditions and terms the legislature sees fit to impose." That is to say, the legitimate concern of copyright and patents is whatever the lawful government (deriving their just powers from the consent of the governed) say it is.

      The right to use and copy, with proper attribution, should not be infringed.
      Using and copying ideas is fundamental to human nature, being the way all learning happens, and this should be recognised more widely. However I see nothing wrong if a society decides to restrain themselves temporarily from this right in order to provide a mechanism of incentive with the goal of producing a greater abundance of works available to be used and copied. Whether it is any longer the best way to encourage production of works is debatable, and indeed my challenge to ShieldW0lf was to describe a better way. That copyright has been extended way beyond the point of being beneficial to society seems obvious and I agree with you on that.

      When you give undue authority to people, they invariably crave more.
      Or, "people invariably crave more". Abolishing copyright will not change human nature. Greed was around long before copyright laws and does not invalidate the concept of copyright.
    87. Re:Mod parent up by Kattspya · · Score: 1

      In the Tolkein example, the vast majority of new books were published under copyright, and there was a public understanding that copyright existed and that authors should, for a limited time, be paid royalties from the sale of their books. If you can't see a difference between that world and a world where copyright doesn't exist, I can't help you.
      That doesn't even enter into it. If the law has a great effect on what people do then people wouldn't have preferred the authorized version. It was legal to buy and read the unauthorized version. Today the majority of music is under copyright and people pirate more even though the law is harsher. The law obviously has little or no effect on what people do.

      When exactly did I propose a war on piracy, again?
      Nowhere, I'm just wondering how why you want a law if it's not going to be enforced.

      Let me put it this way: it makes no sense to abolish copyright and then expect market forces to enforce that copyright for you. If it was the accepted order of things to write and publish books without copyright, there would be no public outcry for publishers to pay royalties to authors because that's exactly the system that would be abolished.
      I don't think it will be normal royalties in a system w/o copyright either. But you can bet your ass that there will be an official version, signed copies and a tip jar. My firm belief grounded in empirical evidence is that books will still be written and that people are somewhat rational and will pay for things they like.

      If you have a real, substantive proposal to replace copyright with some other mechanism that would do just as well at promoting book-writing, I'd be glad to hear it, and to compare it to the alternatives. Absent such a proposal, I prefer a system of time-limited copyrights with explicit fair use exceptions. This is most emphatically not the system we have today, although it was the system we had when Tolkein's works were first released in this country.
      My preffered system would be no system. The system least distasteful to me would be severely limited "protection" times and (vastly) expanded fair use. It would probably be somewhat like yours. I would not, however, stop working for the abolishment of IP in general even if the current system was replaced with something less insane.
    88. Re:Mod parent up by The+One+and+Only · · Score: 1

      That doesn't even enter into it. If the law has a great effect on what people do then people wouldn't have preferred the authorized version.

      That's an incredibly simplistic view. The principle of copyright protection was written into the law. The fact that Tolkein's book in particular was not under copyright was due to, as I said, loopholes in the law. The spirit of the law remained, as did the public's sense of how justice is served in such cases. These are the very things you're advocating getting rid of.

      I'm just wondering how why you want a law if it's not going to be enforced.

      Stopping publishers from printing copyrighted books when they don't have the author's permission and don't pay royalties to the author is a very simple enforcement task. No "war on piracy" needed.

      I don't think it will be normal royalties in a system w/o copyright either.

      But in the Tolkein example, the public outcry was in favor of paying Tolkein normal royalties. Are you now saying that example is completely irrelevant to your argument?

      But you can bet your ass that there will be an official version, signed copies and a tip jar.

      In other words you want authors to be paid less. For what end?

      My firm belief grounded in empirical evidence is that books will still be written and that people are somewhat rational and will pay for things they like.

      Some books will still be written, but probably fewer than before. People will still pay for them, but the money won't go to the authors. You haven't shown me yet how this is an improvement.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    89. Re:Mod parent up by Kattspya · · Score: 1

      That's an incredibly simplistic view. The principle of copyright protection was written into the law. The fact that Tolkein's book in particular was not under copyright was due to, as I said, loopholes in the law. The spirit of the law remained, as did the public's sense of how justice is served in such cases. These are the very things you're advocating getting rid of.
      No, it's not. Unjust laws will be broken and just laws will be followed. It was and still is considered good to actually support someone you like. The law itself does nothing to influence whether it's considered just or not just look at the drug laws.

      If you argued that people wouldn't respect the author the same way today I still wouldn't agree but it's a better argument than what you're doing now. To say that the law is important in influencing peoples ethics is just wrong.

      But in the Tolkein example, the public outcry was in favor of paying Tolkein normal royalties. Are you now saying that example is completely irrelevant to your argument?
      Normal as in today. Then it would be the authorized version that could pay royalties (a sum for each book) or even a one time sum that the publisher paid to be able to sell an authorized version. That's what I meant.

      In other words you want authors to be paid less. For what end?
      In other words you want authors to be paid more. For what end?

      I don't want them to be paid less per se. I just don't think you can own information. Owning information means that you own a tiny piece of everyone else's property. It's also completely arbitrary unless you think IP should be owned eternally like tangible goods or have my views.

      Some books will still be written, but probably fewer than before. People will still pay for them, but the money won't go to the authors. You haven't shown me yet how this is an improvement.
      Money will go to the authors as shown in the Tolkien example. That is what I'm saying and you're disagreeing with. We've gone all the way to the beginning again almost in record time :). I don't think we'll get any further.
    90. Re:Mod parent up by The+One+and+Only · · Score: 1

      No, it's not. Unjust laws will be broken and just laws will be followed. It was and still is considered good to actually support someone you like. The law itself does nothing to influence whether it's considered just or not just look at the drug laws.

      So how exactly do you propose to abolish copyright without making everyone think copyright is unjust? And if everyone believes copyright is unjust, how exactly will they advocate for publishers to pay royalties, which you're also going to abolish, to the authors?

      In other words you want authors to be paid more. For what end?

      I think authors are paid enough as it is. I'm wary of changing the system from this point because as far as books go, we know that what we have works. As far as other media go, there are reforms we can undertake that won't eliminate copyright entirely.

      I don't want them to be paid less per se. I just don't think you can own information. Owning information means that you own a tiny piece of everyone else's property. It's also completely arbitrary unless you think IP should be owned eternally like tangible goods or have my views.

      So for vaguely defined ideological reasons you want to undertake reforms that have a real risk of harming literacy and public discourse in this country.

      Money will go to the authors as shown in the Tolkien example. That is what I'm saying and you're disagreeing with. We've gone all the way to the beginning again almost in record time :). I don't think we'll get any further.

      On the contrary. I've concluded that you have almost no good justification for your opinions. That's definite progress, at least on my part, because now I can safely dismiss your arguments as the rubbish that they are instead of continuing to seriously entertain them.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    91. Re:Mod parent up by Kattspya · · Score: 1

      So how exactly do you propose to abolish copyright without making everyone think copyright is unjust? And if everyone believes copyright is unjust, how exactly will they advocate for publishers to pay royalties, which you're also going to abolish, to the authors?
      I'd tell my friends to pay if they'll like it. I'm not exactly a world dictator so I'm not sure what you want me to do. If no one wants to pay then the output from professional writers will drop and people will see fewer works from that author. In other words people aren't interested in funding professional authors and professional authors can only be funded with state given monopolies.

      The publisher that buys the first copy will be first to market. It's also reasonable to expect that fans of the author will want the authorized version more than an unauthorized one.

      So for vaguely defined ideological reasons you want to undertake reforms that have a real risk of harming literacy and public discourse in this country.
      I don't want to type up a few thousand words of how I've come to hold my current views and I don't think you'll want to read them. Check out Stephan Kinsella If you're interested in a more in-depth ideology.

      On the contrary. I've concluded that you have almost no good justification for your opinions. That's definite progress, at least on my part, because now I can safely dismiss your arguments as the rubbish that they are instead of continuing to seriously entertain them.
      You're basically just saying no to my conclusions drawn from an historical example so you may go fuck yourself like the condescending dick you are.
  56. No RIAA = Willing to Buy by Bellum+Aeternus · · Score: 1

    Record companies that support the RIAA and/or DRM I boycott. Have been for a long time now. Last album I purchases was an older Dave Matthews album.

    As record companies give up on DRM and stop suing people, I can update my music collection which is ridiculously old. No, I have illegally downloaded any music in the meantime - I've just been willing to go without to stand up for what I believe in.

    --
    - I voted for Nintendo and against Bush
  57. I am 50/50 - is the new Napster a bad thing? by whyloginwhysubscribe · · Score: 1

    I am split 50/50 on this subject.

    I used to prefer to buy my music on CD - then I could rip it and would still have a copy which couldn't be accidentally deleted, and didn't have the lossless compression until I copied it onto my computer (but this article isn't about music formats). Plus you can read the sleeve notes, look at the lyrics and lend it to your friends.

    But then I discovered the new Napster - 15 quid a month and I can download pretty much any music I like - legally... As soon as I stop paying, the songs will no longer work on my mp3 player - because of DRM. I really like this service - I've got a massive music library at my finger tips for the price of 2 CDs a month.
    I really like the Napster service - and accept that the DRM must be on the files because of the price that I am paying doesn't reimburse the artist and record companies as much as the traditional media. It also encourages me to try out alternative music, which supports the smaller record labels.

    What people forget is that with Napster and itunes you can burn the songs onto a CD anyway - and then copy them around with your friends... so what is the problem?
    Well - part of my problem is the closed formats - I have to dual boot Linux and Windows to use Napster - I bet it never works on Linux. And DRM isn't just about music - what about films, books and hardware?

    Thinking about hardware DRM for example - having to pay to unlock extra cores in your processor, or being restricted to a certain operating system when you buy a machine. I think that the problem here is that DRM doesn't become copy protection, it becomes hardware restriction. With Napster, I am getting what I paid for - but if I pay 1000 pounds for a PC, I don't want to pay another 1000 pounds to unlock it so that I can run Linux. I can't listen to the tunes I download on Napster on an ipod - so I am restricted to using Windows and certain types of MP3 player...
    I just hope that market forces keep the choices open for us consumers...

  58. Wrong on so many levels... by ericferris · · Score: 1

    TFA is plain wrong on so many levels that it hurts my brain.

    First, the fact that music is increasingly rid of the DRM pest doesn't mean people stop buying. Witness Amazon and Walmart. Their MP3 downloads represent very juicy sales, thank you. I refuse to buy DRM-infected music, only free formats, for practical and philosophical reasons. I am obviously not the only one.

    Second, even if the music studios were somehow wiped off the face of the planet, the US economy would survive (shock! gasp!) and the world would barely notice. Oh, sure, quite a few coke dealers and luxury whores would feel the pinch if they were to lose their affluent clientele of music studio execs, but I am confident they'd somehow manage.

    Look at the numbers. The music industry gets about $14 billions a year from CD and online sales. Add the derived rights and you get what, $15 to 20 billions? That's less than half a day of the US GNP, which was about 14000 billions last year. So 12 hours of GNP. Big hoopla. Music might have a large cultural influence, but it's hardly an economic engine. That's true for most forms of art, BTW. (Yes, I agree that some of the music out there can be only called "art" with some far-fetched definitions of art).

    Conclusions: It remains to be seen that DRM-free music is bad for the studio. The studios could convulse, die horribly and rot, and their disappearance would not even be a hiccup on the economic scale. And I'm sure quite a few artists and consumers will dance in the street.

    So die already, we're eagerly waiting.

    --
    Fantasy: http://ferrisfantasy.blogspot.com/
    1. Re:Wrong on so many levels... by oldblue · · Score: 1

      I agree - DRM-free music is a wonderful experiment and the idea that it is somehow going to ruin the music industry is a little far fetched. Most people I know feel uncomfortable about stealing their music. Copying from a friends CD is just fine, but downloading it seems to bother people more. On another note - I've always wondered why DRM isn't something that the OSS movement doesn't tackle. All DRM is inherently flawed, it can be cracked. But I believe a good implementation should be able to stand-up to a code review. Security through obscurity is never a good practice. A large company/producer/whatever can either spend a lot of money for a DRM scheme that will fail or spend very little to none for one that will also fail, but perform just as well if not better. A well maintained and functional OSS DRM could only help the OSS movement within business and also allow OSS beliefs to be inserted into such DRM schemes. I've always believed a creator should have a rich DRM scheme that allows them to chose various levels of protection with optional time limits (can't print document until such and such date or have owned it for X amount of time). Or the more restrictions the less amount of time they will remain valid (or have them clearly marked as being a Highly Restricted media before the purchase takes place). Is there any such projects in place? I don't think ignoring DRM (it's here to stay no matter what) is a good practice for those of us who love our freedoms. Creating our own movement would allow people with similar beliefs to directly influence it's outcome.

  59. Replacement Bizmodels by Doc+Ruby · · Score: 1

    Content companies that indulge DRM to squeeze the maximum possible money from the most lamebrained consumption of their content, instead of doing something else, are doomed. If they rely on DRM to maximize sales of forgettable top 40, and drag out the longest possible revenue streams from reselling "classics" already in demand because of their folk art status, instead of making quality new content, they're stuck.

    Because DRM doesn't really protect them, and it gets in the way, sure. But really because they're security corps instead of content corps when they operate that way. If they promoted new content that people like and keep consuming, if they harnessed the energy of their market interacting with their content libraries to make and exchange mashups, if they gave away the content to promote the in-person and material merchandise (posters, toys, clothes, etc) that's easy to control selling, they'd be exploding in value and popularity.

    If they were in the business of using tech and other people's interactions by it to make more music, in more people's ears, instead of the failing business of stopping it, they'd be richer and more popular than ever.

    The problem isn't so much the DRM. It's that they're relying on DRM to the exclusion of everything else. And with "experts" like PC World (which is in business floating on a sea of "piracy" that sells tons of tech and software) failing to see even these basics, it's no wonder that tech-idiots, music-idiots and business-idiots like the music moguls are doomed.

    --

    --
    make install -not war

  60. Just look at history... by Ralph+Spoilsport · · Score: 5, Interesting
    Britney Spears is worth something like $100M. There's a number of vastly wealthy musicians, and equally wealthy record execs. However, this is not historically normal. Yes, over the past few hundred years, some musicians got quite wealthy, and some music publishers made serious bank, but the scale created by the record industry is truly unprecedented.

    Prior to the commercialisation of the recording industry (which began in the 1910s/20s but only really took off after WW2) the only way the common person understood music was in the context of someone, usually THEMSELF, playing it. On an instrument. That wasn't plugged into an amplifier.

    And at the time, there were musicians, and some did very well (Salieri wasn't poor, nor was Handel) but even they had a tiny tiny fraction of the kind of wealth exhibited by the ruling classes at the time. Musicians were still, basically, hired hands. They might be rich hired hands, but not like what we know today. The important point is the context: you knew music as a performance, not as a recording.

    Due to the exigencies of technology, music became a commodity, and in classic capitalist fashion, the material costs were reduced to a minimum - finally, they evapourated as data into the interweb thingie. So, now they're trying to put a meter on something that the interwebs have always had a complex and contradictory relationship: data itself. The record companies are not in the business of selling music. They sell CDs. If the CDs had recordings of dogs barking, or were flat out silent, it wouldn't matter to the record companies, as they (in theory) sell what people want.

    What people want is music. What people want is something for nothing. What people want is to wish upon a star and get everything they ever dreamed of, and if they can't do that, then they want the music that takes them there....

    The music biz started with printing sheet music in the 19th century. It will die trying to sell data. It was an interesting ride. But now the amusement park is closed. Time to go home and make your own music.

    Give up on the star system. Make your own, and support the art made by your friends, your family and your neighbours. Give up on this hallucination of Commodity Culture. Learn to play an instrument, and learn to play it well. work with other musicians, and through your own competence and intelligence you will create the hope this world so desperately needs.

    and, in the process, go piss on the grave of the music business.

    RS

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:Just look at history... by Anonymous Coward · · Score: 1, Funny

      "If the CDs [...] or were flat out silent"

      Then you'd risk getting sued by the John Cage estate

  61. Locking your car is pointless by EmbeddedJanitor · · Score: 1
    Thieves will still steal stuff with or without locks and people entering the house legitimately will have more problems trying to enter the house if the door is locked....

    Otherwise, you're pretty much right. The main problem is that the music industry has changed. There is so much content and competitive material (video etc) out there that it is harder to make a biz selling music.

    --
    Engineering is the art of compromise.
  62. Market fragmentation and lack of innovation by diodeus · · Score: 1

    ...or maybe what they're selling us just sucks.

    The music market is highly fragmented. Genres have redefined themselves. Radio, which used to be the primary vehicle of finding new music, has lost its edge and has fallen back to formulaic content programming where it is more interested in playing what people "expect" rather than breaking any new ground. XM and Sirius were probably the last nail in the coffin when it comes to commercial radio.

    MTV and the like are the new AM radio. Even worse. Too much talk. Too much energy spent trying to be "cool".

    Where does one go to find new music? For me it was Shoutcast. I think an independent DJ has their ear closer to the ground than any commercial venue ever can. I found new music online and I bought some of the stuff I liked. I am just one example.

    The recording industry is so far out of touch with their audience that they've fallen into the same traps I lot of the IT industry is currently suffering from: litigate, don't innovate. They've forgotten one important thing: it's about the MUSIC, not he music INDUSTRY. They act like farmers who have ruined the soil from which a healthy crop comes.

    They're outgrown their purpose and, like typesetter's unions, the days are numbered for the current incarnation of the recording industry.

  63. oh Lance... by stormguard2099 · · Score: 1

    Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.t As soon as the content hits the hands of the consumers you have given up control. The only way to secure control is to not distribute. Now that's what I call an irrational idea in a market economy!

    giving it away free I can agree with Lance on this point but it's relevance to the conversation eludes me.
    --
    http://greenobyl.com/ please.... think of the children!!
  64. ... our digital economy will collapse... by QuietLagoon · · Score: 1

    Nope. The only things that will collapse are the bloated bureaucracies of the record and movie companies that suck the profits away from the artists.

  65. C'mon you cheapskates! by MacarooMac · · Score: 1

    What, are we all 17 year old students here all of a sudden? Stealing is stealing. Acquiring copyright protected music and video using peer-to-peer filesharing applications, illegal download sites etc., is media piracy - AKA theft. It's really as simple as that.

    Yes, the established artists will be less effected since they receive most of their profits from their performances, tours, concerts etc. But it's up-and-coming artists who rely heavily on royalties gained from their music and need every penny they can get from album sales when they are starting off. They are, after all, the future of the industry, n'est pas?

    Ultimately, in the long run consumers, record labels, retailers and artists are all negatively effected by illegal distribution of music and vidoes. Whilst the media world is trying to find ways to tackle this issue without unfairly restricting the consumer, it's no surprise that the aforementioned artists are keen to have their copyright protected so they may earn the revenues they deserve.

    If you want to deter talented new artists from accross all genres from entering the industry, however, and instead increase the amount of 'pop manufactured junk' that the big record companies will happily produce, promote, control and generally shove down out throats as a substitute, then offering no adequate protection to the artists is definitely the way forward.

    --
    "He Who Dares Wins" ...or gets twenty-to-life for totaling their Bimmer on a poodle parade
    1. Re:C'mon you cheapskates! by geekoid · · Score: 1

      "- AKA theft. It's really as simple as that. "
      NO, NO, NO.
      It is not theft. If I steal something from you, you no longer have that. If I download a file that I don't have copyright to, the copyright holder still has their copy.
      That have lost the possibility of a sale.
      This is different then stealing. That doesn't make it legally right, nor is it an excuse to break that law, but lets keep it very clear.

      This isn't even getting into that, in America, it's the DISTRIBUTION that's illegal, not the download.

      "They are, after all, the future of the industry, n'est pas?"
      No. They are musicians. The 'industry' is the corporate machine created by people who want to make money from other peoples work. One which is the middle of changing, BTW.

      They only need the industry if they want to make a buck faster, or so thats the illusion. In truth, in order to get signed you almost ALWAYS need to ahve a following and are poised to take off anyways.

      "Ultimately, in the long run consumers, record labels, retailers and artists are all negatively effected by illegal distribution of music and vidoes"
      retailers and other middlemen will go away with digital download, regardless of if you are buying it online, or downloading it without paying for it.

      The labels will make less money through digital download due to market forces. i.e. they need to compete with other companies AND there lower cost for distribution will make drive the price point down. This is normal market forces.

      The Artisits make MORE money with digital downloads.

      The Industry time is over and thing will change.
      Here is the kicker: Musicians will continue to make music and people will pay for it. Everything on iTunes anyone can get for free, yet iTunes has had what, 2 billion paid downloads?

      No I am not 17. When I was 17 my experience was so little I would have agreed with you, but looking at the facts of the last 10 years, clearly people involved in online piracy hasn't destroyed the music industry. It's changing, but that is to be expected.

      of course when I was 17, there wasn't even CDs available to the public yet, so naturally I went with the intuitive answer, with the evidence at hand the answer turns out to be counter intuitive.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  66. Post-capitalist by Anonymous Coward · · Score: 0

    Music, and video is right behind it, has entered the post-capitalist realm. Because of advancing technology, the cost of producing high-quality music has been reduced to simply creative effort by the author, and the cost of distribution and replication is essentially zero. There's essentially an infinite amount of music available to be consumed (although not an infinite variety), so demand and thus "market value" are nearly zero. What determines what music people choose to listen to is simply whether they like it, and the artists' compensation will depend solely on the good will of the listener. And perhaps this is how it should be.

  67. DRM is moot point. by Anonymous Coward · · Score: 0

    DRM is moot point. The guy seems to miss the point that after recording the music/movie, the only cost is on its distribution. There are VERY CHEAP means of distribution out there that are not even bandwidth intesive, BitTorrent comes to mind. Surely, you will be thinking of illegal filesharing, but BitTorrent can be used for other things as well. Also, one person pays $20 for unlimited music downloads. Question is, that "unlimited" will be defined by their Internet Service Provider. Why yes, a person can have unlimited downloads on a 56kbps pipe, while others can have that same unlimited on a 1000Mbps pipe. Needless is to mention some ISPs out there give you funny looks when you begin downloading a lot. So, yeah, after you are done recording, all the price will go to distributions, and what is the cost of a server with unlimited bandwidth and say, a 1Gbps pipe?

    Cheers.

    (I should get an account on this site)

  68. learn economics. you're way wrong by Anonymous Coward · · Score: 0

    The price of selling something has nothing to do with the price of producing it when you have a monopoly. You either don't know what you are talking about, or you think piracy is a legitimate competitor to selling music online. The cost of making a CD is under $1. That didn't stop the industry from selling them for over $15. Get a clue.

  69. ObPedantic by idontgno · · Score: 1

    The music industry's moves have been terrified reactions to staunch the bleeding of millions of dollars in revenue down the drain

    "stanch", not "staunch". See http://www.cjr.org/resources/lc/stanch.php

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  70. Crumbling industry? Yes and no by JonTurner · · Score: 4, Interesting

    >the music industry will continue to crumble

    You say that as if it's a bad thing!

    The CURRENT music industry will crumble. As it should; It's built on a 100-year-old business model of scarcity and limited distribution which screws both the artists (lousy contracts, "breakage") and the customers (CDs costs pennies to manufacture but cost much more, 30-year-old titles selling for more than new releases, etc.) and frankly the industry just doesn't add any value. Its not efficient, it doesn't discover or develop substantial new talent, etc. The gig is up. The CURRENT industry is turning out bland pop stars and the public is finally tired of the mediocre "product", the lack of value, and are moving on.
    However, there's a new music industry that is forming. It doesn't rely on brick stores and (so-called) talent scouts to "sign" and "develop" talent. You might have heard of it. It's called the Internet. The internet allows musicians to reach the public directly, at low cost, and high convenience. IOW, it provides value at a lower cost. The music cartels do not. Capitalism is working here -- it's weeding out inefficiencies. Cartels lose.

    Some sort of music industry will exist simply because people enjoy being entertained with music and are willing to pay for that, however the current model is well past being feasable.

    1. Re:Crumbling industry? Yes and no by Chosen+Reject · · Score: 1
      I agree with most of what you are saying whole-heartedly, except for this:

      ...and the customers (CDs costs pennies to manufacture but cost much more, 30-year-old titles selling for more than new releases, etc.)...
      In a normal unregulated free market, the selling price of an item has absolutely nothing to do with the cost to produce it or its age. Selling prices are determined by the intersection of supply and demand. That CDs cost pennies has nothing to do with it. That some music is older has nothing to do with it.

      Having said that...I'm not so naive to think that the market for music is at all a "normal unregulated free market." The RIAA controls prices there pretty darn well. So in that situation the selling price then becomes a matter of maximizing revenue for the smart business man. So they see how many people are willing to pay for it at x, y, z and then pick the price that gives them the most money

      Having said that...I'm not so naive to think that the music industry is full of "smart business men."
      --
      Stop Global Warming!
      Just say no to irreversible processes!
    2. Re:Crumbling industry? Yes and no by MichaelTheDrummer · · Score: 1

      That, and people seem to assume that the pressing of a CD is the only cost involved with making an album. Yes, I can burn a CD for like 20 cents but producing a CD costs quite a bit more than that. Studio time, instrument rentals, session musicians, engineer, producer, mastering engineer (and studio time), graphic designers, marketing, manufacturing.. It all adds up.

      Now I know someone's going to chime in and say that studios are dead and anyone can produce an album now. Well that's only half true - there's still a significant investment involved to get even a modest recording setup that will give reasonable results. Then there is the time taken to become proficient at using the equipment. Yes, you can produce a fairly decent sounding CD for pennies compared to a major label recording, but its not like you can just plug into a sound blaster and hit record.

      Besides, I don't know what the big deal is. I've been purchasing music in a DRM free format for years!

    3. Re:Crumbling industry? Yes and no by AFormalEvent · · Score: 0

      well said. i couldn't agree more.

  71. With a capital T, and that rhymes with P... by Anonymous Coward · · Score: 0

    and that stands for Piracy! ARRR!

    But seriously, they never had control to begin with. Anyone who wanted to copy their music could, whether via the analog hole, the CD hole, cracking the DRM, or just downloading a pirated version online.

    They're better off selling the customer what the customer wants, rather than just hoping the customer will buy into whatever restrictions they feel like imposing.

  72. End of the music biz? by Sta7ic · · Score: 1

    Right, having DRM-free music will ruin the music business, because everyone know that the DRM-free music, such as what we had during Kazaa's heyday back to the beginning of the CD and the DRM-free cassette tapes were copied and distributed so freely that the entire music industry collapsed twenty years ago.

    DRM is much newer than P2P file sharing, CDs, and online file transfers. The loss of DRM'd media will mean that normal consumers, like the salaried Western or European worker, will be more likely to grab a CD and rip it for their MP3 player if they won't have to worry about their drive, player, or CD software complaining that the end user cannot be trusted.

  73. The answer is obvious - charge less by willllllllllll · · Score: 1

    If I go and buy a CD in a music shop it'll cost me AUD$25-40 for a new release, AUD$15 for an old one. So each CD is worth $15, and the rest is hype-markup. Say 1/3 markup for the shop, 1/3 in distribution, 1/3 for the artist; that's $5 for the artist over 10 tracks, or 50 cents per track. If I can pick and choose the tracks I'll happily pay 50 cents per track to download them from the artist at a decent data rate. Or even 75 cents per track if the label wants a cut. This gets more complex for movies because production costs are so much higher, but all of the blockbusters make their production costs back in the first week or two on the big screens - because cinema tickets are cheaper than concert tickets, people go and see more films. Basic economics: lower prices, more sales. Works for KMart/WalMart/AMart/Ikea/etc. And why are they still using film when digital cameras make production faster and cheaper? The article forgets that massive costs are incurred at every stage and level of the media industry, so cutting levels out will cut the cost down to the consumer, which will increase sales. Garage-level musicians in Brazil have a regular and adequate income from selling CDs at a few tens of cents a time. The music and film industry superstars require huge infrastructures that don't make economic sense. It's time for the digital media producers to start adapting to the leaner and meaner economics of the new millenium.

  74. Where is all this free music? by GeekZilla · · Score: 4, Informative

    From TFA: "Giving up control of content and giving it away free "

    Uh...who is giving away free music? Ok, iTunes has some free tracks every week and I am sure there are others but here is the point:
    Removing DRM != Giving Away Music For Free.

    More from TFA: "So now it's a good idea to give away music in the hope that people will think you're so cool that they'll pay anyway."
    Sometimes that works. Again, not many people are doing that. The argument is against DRM.

    From TFA: " Sure, we could copy some pages out of a book at the library's photocopy machine, and some people created mix tapes from their favorite albums, and others got in the habit of recording movies from TV to VHS. These were not rampant problems, and no one panicked."

    Uh...actually, there was panic. From Wikipedia:

    "In the early 1980s, the film companies in the USA fought to suppress the device in the consumer market, citing concerns about copyright violations. In the case Sony Corp. of America v. Universal City Studios, Inc., the Supreme Court of the United States ruled that the device was allowable for private use, thereby guaranteeing market acceptance. In the years following, the film companies found that videorecordings of their products had become a major income source. However, television networks found the widespread use of this device was threatening their advertising business model because viewers then have the ability to either fast forward through television commercials, or pause recording when they are broadcast." http://en.wikipedia.org/wiki/VCR

    Again, TFA: "The music industry's moves have been terrified reactions to staunch the bleeding of millions of dollars in revenue down the drain." So? What caused the drop in revenue? Crappy product maybe? I dunno. Sounds to me like the industry is already crumbling and it has NOTHING to do with them "giving it away for free".

    TFA: "For maybe a year, music companies thought they had the situation under control, but then album sales tumbled. Retailers, musicians, and some music-industry execs thought DRM was the culprit, and they soon joined the chorus of consumers calling for its head. " And what has been the result? We don't know yet. I think it is a good thing. I would rather pay a reasonable price for a single song than be forced to pay an outrageous price for an entire album. "Everyone" likes that. Why does he think iTunes has been such a hit?

    Get a clue, Lance.

    He projects the end of the music industry and blames it on DRM-free tracks. Sorry, the end of the music industry started well before DRM-Free music.

    --
    Veritas patesco per quaestio questio. Truth is revealed through questions.
    1. Re:Where is all this free music? by Evil+Kerek · · Score: 1

      Uh...who is giving away free music? Ok, iTunes has some free tracks every week and I am sure there are others but here is the point:
      Removing DRM != Giving Away Music For Free.

      Since when does iTunes = no DRM? (Burning a compressed track so you can re-rip it doesn't equal no drm in my book)

      Not disagreeing particularly with the direction of your statements, but that example is a bit flawed.

    2. Re:Where is all this free music? by GeekZilla · · Score: 1

      The point was that the author of the article implied that music tracks/downloads are now free. My question was, "Where is all this FREE music (not DRM Free-but free, as in beer). I tried to ward off some obvious responses by stating that yes, I know that some stores (like iTunes) do give away "free as in beer" music (at least one single a week and during the Christmas season they were also giving away a free holiday song as well). I never said that iTunes = no DRM. In fact, I'll bet that the tracks I downloaded for free are still probably DRM enabled. Sorry if I wasn't clear.

      --
      Veritas patesco per quaestio questio. Truth is revealed through questions.
    3. Re:Where is all this free music? by Evil+Kerek · · Score: 1

      Free beer works for me.

      And I agree - all the drm-less stuff hasn't had much effect yet. It will be interesting to see what occurs. Since most of this (or at least common wisdom seems to say it is) due to iTunes (Jobs) getting too much control, I wonder what sort of pricing structure will come to pass. I know that was one of the big sticking points with Apple - all tracks at .99 while the recording companies want to tier out pricing on newer stuff.

      I'm betting they make it still not worth it, ie. I'm not paying $3 a track.

      Time will tell.

  75. Looking in the wrong place... by Computershack · · Score: 2, Insightful

    They're looking in the wrong place. The lack of any decent new music to buy is why sales are tumbling. FFS, I heard some song my son said was a new release by some boy fag band and wasn't it good? He was well happy until I actually pointed out that The Who released Pinball Wizard two years before I was born and a lot of the music he's listening to is rehashed 80's stuff.

    --
    I only please one person per day. Today is not your day. Tomorrow isn't looking good either. - Scott Adams
  76. The guy is not very smart by tkrotchko · · Score: 1

    He's confusing the difference between "free" (no restrictions on use) and "free" (doesn't cost anything).

    Giving up DRM is not making things "no cost", they're removing restrictions that were artificially placed on the listening to music. I'll bet he doesn't understand what it means when you say Linux is "free". I'll bet he doesn't get it a bit.

    Further, I don't think he cares. It shows that you don't need critical thinking skills to get a job in media.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  77. Talking about getting shit for free by Anonymous Coward · · Score: 0

    What's with this residuals and stuff? That's getting shit for free. Free money when you had to do bugger all work for it.

    What about licensing your lyrics so someone else can sing them? Did you have to redo the lyrics for them? No? Well, that's getting shit for free.

    Really, this is all for EVERY side (There are more than two) "getting shit for free".

    Consumers want free music and are willing to pay for it (If it isn't being made, we'll pay for new stuff but we don't want to pay much).
    The creation industry want free reproduction and are willing to pay for it (digital copying is free if you use P2P).
    The middlemen want free money and are willing to pay for it (copyright laws cost money!)
    The artists want free money and are willing to pay for it (owning their lyrics to sell on and keep at the same time)
    The government want free money and are willing to pay for it (taking you to court costs the IRS)

  78. Anyone able to help me with my .aa files? by r_jensen11 · · Score: 1

    I know this is off-topic, but /. is the best place I can think of to ask this question:

    I recently got an iPod Nano from my (future) employer. Included on the iPod are a welcome video and two audio books, using Audible Audio's DRM. When I tried copying some songs over from Rhythmbox to the iPod, nothing showed up in the catalog any more. So I copy the .aa files off of the thing, boot into Windows, and install iTunes to try to fix my iPod. Now iTunes is telling me to sign in to Audible Audio, even though I don't have an account with them. I never have. I got these files legitimately and legally from my employer, and they played fine on the iPod before I tried copying music onto it. Anyone know if it's possible for me to recover these files? Or do I have to go to the library and check out either the physical (and unabridged) books or the (abridged) audio CD's?

  79. It's not a big deal by Anonymous Coward · · Score: 0

    Removing DRM is a good thing. People who pirate music will always pirate music. DRM never did much to stop that. The claim that they are losing "millions of dollars" is predicated upon the baseless assumption that people would buy all that music if they couldn't download it. Unfortunately, basic economics tells us that as price increases, consumption decreases. So in reality, the vast majority of their claimed losses are complete BS because people would not have bought the music anyway.

    Most people who want to defend the music industry in its current form are stuck in the belief that there is no other way for the industry to sustain itself except for the way it's been making money since vinyl records were introduced. Yet, miraculously, many companies have already shown that they can make enormous amounts of money while providing a service that is free to their end customer. For example: Google has made a ridiculous amount of money in recent years, and they don't charge a cent to the end users of their primary services. An even greater example comes in the form of broadcast television, which also rakes in huge sums of money every year despite never charging a cent to their end users. The idea that an industry can not remain profitable without strict post-purchase control over its end product is absurd at best.

  80. Non-sequitor? by SanityInAnarchy · · Score: 1

    It's hard to figure out exactly where the assumption creeps in. He goes from seemingly-solid fact, to seemingly-solid fact, to this:

    Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.

    Wait -- is he actually assuming that DRM-free equals free as in beer?

    I hope he never diets. Sugar-free and fat-free products might confuse him.

    I love how intelligent people think subscription-based music services are the way to go. All you can eat for $15 a month. Talk about devaluing your product. People can download enough songs to fill 100 albums and pay under $20. How does anyone make money this way?

    Well, let's see. First, they're DRM-laden.

    Second, did he honestly think that anyone was going to pay for those 100 albums? If there wasn't a rental service, they'd pirate. If there wasn't easy piracy, then they'd just buy less.

    Making $N is always a good idea, where N>0, and the alternative is making $0.

    And the rentals absolutely should cost less. He seems to be on the brink of understanding this:

    Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel.

    Yeah. So they cost less, because they provide less worth. If you buy a physical album, you're paying more, but you can guarantee that you have access to it, forever, on any medium you care to translate it to.

    Imagine walking into your living room as all your books disappear because you changed libraries, or your DVD collection disappears because you switched from Blockbuster to Netflix.

    Let's see -- books in my living room, I bought. If I have a bunch of books in my living room that came from a library, well, either I stole them, or I paid enough late fees to buy them several times over. And if they're not actually in my living room, but in the library, then I absolutely expect to lose access to my old library's books when I join a new library.

    DVD collection -- same deal. Is this guy stealing DVDs from Blockbuster or Netflix?

    In summary, we have a new, Dvorak-level troll on our hands, only so far as I can tell, he's not intentionally trolling, but he actually is that stupid. Didn't the old PC Mag editor-in-chief quit because of Vista? Well, this is what they replaced him with...

    --
    Don't thank God, thank a doctor!
  81. They're not giving up control by 91degrees · · Score: 1

    They didn't have control with DRM. They lost control as soon as Napster started. Removing DRM is just giving us another means of getting what we already had, where the selling point is that it's actually legal.

  82. What's rational? by Mesa+MIke · · Score: 1

    "Giving up control of content and giving it away free are not rational ideas in a market economy..."

    Trying to retain control of content isn't workin' out so great either, is it?
    The rational thing to do is dump your stocks in the Content Control industry as soon as possible and invest in something else before it's too late. Something like Buggy Whip Manufacturing, or Cat Herding Services, maybe.

  83. Summary points to stupidity by Anonymous Coward · · Score: 0

    Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.

    This is precisely a **IA kind of statement. Suggesting removal of DRM from a product is equivalent to giving it away for free is realy quite dumb. There are countles products in the world without limitations on how you use them, where you use them, or who you use them with - yet amazingly, they do still cost money to acquire. Removing limitations on how a product is used does not translate to removing the price of ownership of said product.

  84. Led Zepplin can't be repeated by eeek77 · · Score: 1

    No, don't tell me about that "Dread Zepplin" group. Led Zepplin is one of a kind. I should spank you for blasphemy.

  85. Go ahead, click through by Effugas · · Score: 1

    You prove his point quite beautifully, retrieving non-DRM'd HTML from www.pcmag.com that suspiciously looks exactly like non-photocopy-protected text from a paper magazine.

    Actually, wait.

  86. The Lesson of Borland by steveha · · Score: 4, Insightful

    Back in the days when a copy of WordStar or Microsoft Multiplan cost hundreds of dollars and came on copy-protected floppy disks, Borland International came out with a line of software that was different. Turbo Pascal, Sidekick, and other products came on non-copy-protected disks and cost $50 or $100.

    If you believe in the claims of the DRM advocates in our big media organizations, you probably figure that Borland must have lost money horribly. Actually, they didn't; their strategy of selling without copy protection at a fair price was very successful.

    The lesson I take away from that is that most people, if you offer them a fair deal, will take the fair deal rather than steal from you. I don't remember anyone ever saying "Borland deserves to have this stuff ripped off."

    If you offer me music without DRM at a fair price, I will pay the price and get the music legally. I think most music fans will do the same. (Especially if they believe that their money will mostly go to the band instead of to the record label.)

    P.S. The flip side of the coin is that DRM doesn't actually work. There's this thing called the "Internet", see, and if anyone anywhere in the world manages to once break the DRM, then everyone who wants to download the DRM-free version can do so. Thus DRM just hurts the actual paying customers, who then might well feel entitled to steal the next product instead of buying it.

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
    1. Re:The Lesson of Borland by spirit+of+reason · · Score: 1

      If you offer me music without DRM at a fair price, I will pay the price and get the music legally.

      You might want to try emusic, then; they sell mp3s. Though the largest labels won't be present, they do have a fairly large library and songs cost at most about 0.33 USD. The caveat is that it's sort of a subscription, where you get 30 songs per month at 9.99 USD. Your songs also don't roll over, so you'd have to download all of them that month. To stop the $10 payment each month, you just cancel, and you still have your mp3s.

      Their promotion is getting kind of crazy, though; now they add 50 free songs to your first month (it used to be 25). What is that... like 12 or 13 cents per song? Does that sound like a fair price? ;-)

    2. Re:The Lesson of Borland by steveha · · Score: 1

      Well, I prefer to buy music in a lossless format, so I buy most of it as a CD (and then immediately rip to FLAC with Grip or Sound Juicer).

      I heartily recommend Magnatune. They let you download the entire album in medium-quality MP3, listen to it as much as you want, and then if you buy it you can download a WAV file, FLAC, high-quality MP3 or high-quality Ogg Vorbis. (Or more than one of those formats.)

      I found several albums from Magnatune that I really love.

      Also, I'm listening to a lot of music on Rhapsody right now. I actually don't mind DRM for a music "rental" situation; I object to DRM on tracks that I buy. Rhapsody is a great way to listen to a whole bunch of music at once, and they also have old Bill Cosby comedy albums, holiday albums, and other special things that I might like to listen to once in a while but I don't really have an urgent desire to buy. Rhapsody doesn't have lossless, so I'm not likely to buy much music from them, but it's a great way to find albums to buy on CD. It is available for Linux and Mac as well as Windows. (Disclaimer: I work for the company that owns Rhapsody, but it's not my job to try to sell it to you. I get a free Rhapsody account as a job benefit, but if I didn't, I would definitely be willing to pay $13 a month to get access to millions of songs.)

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
  87. Re: DRM by homebrandcola · · Score: 2, Insightful

    "Giving up control of content and giving it away free are not rational ideas in a market economy"

    There is a very big leap between removing DRM and giving it away free. When there was no Amazon Music Store, and no iTunes Plus there was piracy. Since the introduction of iTune Plus and Amazon's DRM MP3 store there has been piracy.

    Since Radiohead sold their album as MP3s online for "whatever you want to pay" they have continued to sell CDs (Infact, In Rainbows has done very well in the US charts as a CD album).

    DRM does nothing to halt piracy, the thought that it has any affect at all on piracy is quite ridiculous.

    The bigger worry for the music industry is the quality of music being produced. If they continue to try and market music that no one wants, they are not going to sell it. DRM, no DRM, if people don't want to listen to the music, they wont buy it.

  88. Music should be a service. by delire · · Score: 1

    Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.'


    The primary problem surrounds the foolishness of mistaking a song for an artifact, of something of fixed value, to be bought and sold akin to furniture, houses and books.

    Contrarily a song is not an artifact; it is not the sum of its spectral data, the print it makes on vinyl. A song is something experienced, it propagates by instigating changes in air-pressure as an orchestrated environmental effect felt by our ear-drums and our bones.

    Music is something experienced in time, plays with interpretation and memory, and as such should be sold as a time-based service.

    This is an old idea: 'The Wireless' (aka radio) did it. Last.fm still does it. Saunas do it, as do golf courses, the hotel and sex industries.

    Don't make objects where they don't exist. A recording is a thing that includes the membrane it's recorded on. This innately makes it reproduce-able. Recordings don't 'contain' songs any more than a street contains the memories of those that walked on it.

    Don't go the way of selling songs as objects. It was never going to work. It's silly.
  89. "market economy" ? by Locutus · · Score: 1

    what market economy? Surely the RIAA/etc have not been moving pricing of music based on any economic market indicators. It's like the cable industry in a way. They force a whole bunch of stuff together in a package, fix the prices and then say take or go without because you have not other choice. Choice showed up in the music industry and unfortunately for them, the choice( digital music ) was one which had tons of upside for the end users.

    The cable industry, well we're already downloading alot of video, have Tivo getting some over the LAN, along with other mechanisms at our fingers( Amazon, Netflix, etc ). They should be watching their down side, if you know what I mean.

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  90. Already renting your music collection by Eth1csGrad1ent · · Score: 5, Insightful
    FTA:

    Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel. Imagine walking into your living room as all your books disappear because you changed libraries, or your DVD collection disappears because you switched from Blockbuster to Netflix. Its already OK for the music companies to wipe out your music collection. If you buy an album on CD, you have a license to use THAT CD and that CD only. If it gets scratched or damaged with wear and tear (ie. anyone with kids), too bad - you are required to go and buy another physical copy of material that YOU'VE ALREADY LICENSED. This is what shits me the most with the movie and music mega corps... they can't decide whether they're selling us something physical (the disc) or something ethereal (the content) so they sell us BOTH, and then leverage BOTH. FTA:

    Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering. Everyone's cheering because the way in which the mega corps have set up the supply and demand chain are also not "rational ideas in a market economy" and in fact, there IS NO market economy. I pay the same $30 for a new Santana CD as I do for the latest (insert your country here) Idol CD. The music industry, even more so than the movie industry, doesn't operate under a free market economy and that is why the industry is hurting so much. People have chosen to go around them. The industry's is not dead... its reorganising itself. Bands can, and should make their money touring. The idea that you can get a band to pump out a couple of songs in a studio and live the high life for the rest of your life my be dying, but thats not a bad thing in my book. The "market economy" is squeezing middle man out of the equation because the middle man is no longer doing his job (facilitating supply and demand). So what. Life goes on. Music will still be played.
    1. Re:Already renting your music collection by Anonymous Coward · · Score: 0

      Very close. Add to that the little money an artist actually gets per CD (or song) these days, and add that that money pays for advertising and studio costs (bands get charged for that), and there is a lot of money leaking to the overhead of the bloated 'music industry' offices...

      Music as an 'industry' is doomed to fail. The surprising part is that it is failing now, and hasn't done so decades ago...

    2. Re:Already renting your music collection by Just+Some+Guy · · Score: 1

      If you buy an album on CD, you have a license to use THAT CD and that CD only.

      Don't repeat the industry's BS. If you buy an album on CD, you own that album and are ethically, morally, and legally entitled to do anything you want with it short of distributing copies. You don't "license" books, and you don't "license" CDs.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:Already renting your music collection by Eth1csGrad1ent · · Score: 1

      Don't repeat the industry's BS. If you buy an album on CD, you own that album and are ethically, morally, and legally entitled to do anything you want with it Err... Not BS. I'm in Australia, and as far as I'm aware it is illegal in Aus to copy music you own at all. Even to an MP3 player. That may not be the case in the US. Just because they tolerate people moving music from CDs to Ipods doens't mean its legal. I know this because the Aust. government introduced legislation last year to overturn the legality of that very situation (some MPs kids must have Ipods. who knew ???) - don't know where it ended up tho
    4. Re:Already renting your music collection by Just+Some+Guy · · Score: 1

      I'm in Australia, and as far as I'm aware it is illegal in Aus to copy music you own at all.

      Ouch. Point taken. In America, it is completely legal to format-shift your music, yet a lot of people here think that the music labels "allow" us to do it.

      --
      Dewey, what part of this looks like authorities should be involved?
  91. Not quite... by sterno · · Score: 3, Interesting

    Actually the main reason there's been a shift to removing DRM is simply that the music labels realized they were losing control to Apple. With Apple's dominance in selling music on-line and their control of ipods, the use of DRM was a lock in to Apple's distribution network. The labels moved away from DRM so, ironically, they could better control the flow of their music (the same reason they presumably insisted on it in the first place).

    The reality is that DRM or not, people who wanted to get music for free could get it and people who wanted to share their music could share it. So long as there existed a high quality non-DRM'd format (CD's) or some ability to remove decryption, then DRM was pointless.

    I think there is some truth to your point though about on-line sales increasing. I know that I had been hesitant to buy a lot through iTunes for the risk that I'd not be able to play the music elsewhere (or just the hassle of having to license multiple computers with Apple). Now that I can get high quality DRM free tracks from iTunes and Amazon I am far more willing to buy music.

    I don't see any negative effect because it's not like DRM was keeping the music off P2P networks in the first place.

    --
    This sig has been temporarily disconnected or is no longer in service
  92. Change in Business Model by p0tat03 · · Score: 1

    DRM-Free music may just spell the end of the record industry as we know it, but that's not necessarily a bad thing. When the loom was invented it revolutionized weaving. When the printing press was invented it revolutionized books. Did people lose their jobs? Of course. The loom eliminated a lot of manual labour, as did the press, but the displaced people found jobs in other fields. On the short term the industry will hurt, but the market and business will change with it.

  93. Is this guy channeling Dvorak? by hawks5999 · · Score: 1

    The PC Mag folks need to all take a break from each other for awhile...

  94. Wrong question... by KingSkippus · · Score: 4, Insightful

    The question waiting to be answered is whether or not DRM free music will encourage/facilitate more "illegal" file sharing.

    No, there's no question about that, it most certainly will.

    The real question isn't whether there will be more illegal file sharing, it's whether there will be more legal purchases.

    For a long, long time, I've asked a simple thought experiment. If you had your choice of having $500 million in sales with rampant piracy, or $1 billion in sales with twice as much piracy, which would you choose? The music industry has a history of choosing the lesser amount because of the risk of the increase in music piracy. I've contended all along that this is stupidity, that even if music piracy increases, it would be well worth it to increase their bottom line in legal music purchases. To date, they've been operating out of spite instead of common financial sense.

    I hope, and I honestly believe, that as DRM-free music becomes the de facto standard in the marketplace, sales will increase as hardware manufacturers gear up to take advantage of it and people are able to listen to what they want, how they want, where they want. It's just a no-brainer to me. And I hope the MPAA is taking note, because the same principle will apply to television shows and movies also.

    The question has never been about whether or not there will be piracy. The only way to prevent it is to close your company's doors and declare bankruptcy, never to earn another penny again. The only question is how willing the industry is to cut off its nose to spite its face, to forgo profits to stop something that will never be stopped.

    1. Re:Wrong question... by Anonymous Coward · · Score: 1, Funny

      I don't think RIAA and MPAA have realized that the only way to totally stamp out piracy is to produce works no one wants to see or hear. Because if enough people want to see it or hear it, someone will figure out a way to pirate it.

      Then again, when I hear the music and see the movies made today, maybe they have figured that out...

    2. Re:Wrong question... by greenbird · · Score: 2, Insightful

      No, there's no question about that, it most certainly will.

      Bullshit. If you could go to an easy to access reputable source and buy a DRM free song in whatever format you wanted for say a dime, people would do it rather than risk the problems and dangers of p2p networks. Music with DRM has no value to me so I don't buy it. Music without DRM has much more value. Add more value by having a web site that recommends other music based on what I bought and I might pay a little more. The bands can make their money the same way they make most of their money under the current regime, that is by touring. The RIAA leeches can make money by selling promotion contracts to bands. Technology has moved the industry beyond the need for gatekeepers controlling who gets to sell their music. CD's are only alive because the current regimes have payed off the government to pass laws keeping that market viable.

      --
      Who is John Galt?
    3. Re:Wrong question... by wyldeone · · Score: 5, Insightful

      The question waiting to be answered is whether or not DRM free music will encourage/facilitate more "illegal" file sharing.
      No, there's no question about that, it most certainly will.

      That's ridiculous. There will be (or rather is, as DRM-free music is now mainstream) no increase in piracy. Piracy requires that only one DRM-free copy gets out for it to proliferate across the internet. And guess what: every song released by the big-5 labels has been released on CD--without DRM.

      DRM is not about piracy and never was. That is how to labels and move studios chose to sell it to the public (artists are going to starve in a digital world without DRM!), but it actually provides no protection against piracy. It may be difficult for someone to get unencrypted data off an HD-DVD disk, but that doesn't matter. As long as one person can do it, the data will proliferate. In other words, if DRM were about piracy in order to be effective it wouldn't have to be merely difficult to break, it would have to be impossible.

      But that's not why the content producers have pushed DRM so hard. What it's really about is control. Consumers have traditionally had a great deal of control over their media, but in this digital age the content producers perceived that they could shift the balance back towards themselves, opening up new revenue streams even as they watched their markets fall. After all, if consumers had control over their media, they could put it on any player they wanted, without paying any more money for their content. That won't do. Look at the nice racket they have: do you want to play your iTunes music on linux (or, more commonly, on a non-Apple mp3 player)? Pay more money for the same content in a different form. Want to play your DVDs on your iPod? You have to re-buy it.

      Faced with declining interest in their products (a smaller market), there is only two ways to increase their revenue: get more people to buy their content, or get the people that do to pay more money. DRM lets the content producers take the second approach.

      --
      In the beginning the universe was created. This made a lot of people very angry and is widely considered as a bad move.
    4. Re:Wrong question... by Sleepy · · Score: 4, Interesting

      >>The question waiting to be answered is whether or not DRM free music will encourage/facilitate more "illegal" file sharing.
      >No, there's no question about that, it most certainly will.

      To suggest that removing DRM will increase piracy is pure falacy, and you know it or you would have followed up that opinion with some kind of supporting example. You didn't.

      OK, here's the REALITY.. a perfectly everyday sequence of events:

      1) Someone buys band XXX's CD
      2) They rip it and put it on PirateBay

      Now are you really going to suggest that a DRM free version on iTunes will CHANGE the dynamics of this very real scenario?
      No it won't.

      If you counter with "well, that's because CD's don't have DRM" then I'll counter that with "so fucking what.. fine, OK, you can record the album using LINE OUT or HEADPHONE like the old days"

      DRM is futile unless you carry the concept all the way to the human brain.

      Nope... Perhaps purchased music is dying for OTHER reasons, and piracy is just a boogeyman. Here are some reasons people buy less music:

      The RIAA hates the idea of "albums" in the first place. They want SINGLES.. and they better not exceed 3 minutes one second.
      It's all about radio play. There will never be another Tommy, The Wall, 2112 or Operation Mindcrime due to these RIAA member policies. Why are you surprised then that people fall into this mindset, and ONLY BUY $1 SINGLES?

      (Hmm... $1 iTunes single vs $17 CD... ohmygod we lost $16 to piracy!!111)

      When people buy, they are buying singles because everything else is contractual filler.

      The RIAA literally discourages diversity.. they want formula based music that can be predicted... high dollar investments leaving little to chance.

      The RIAA members sat on their ass regarding technology... "stereo" has been around since the 1930's, yet even CARS are capable of 4 and 5 channel sound... but they still publish in stereo. The best concert CDs are BluRay DVDs.

      There are even pirate trading groups who specialize in creating AC3 5.1 channel sound from CD audio, because folks are dying for better mediums.

      Digital radio on my cable box.. good enough for me. There's also this thing called XM/Sirius... yay, more music you don't have to buy!! That's not piracy... the RIAA licensed this out and the ubiquity of freely listenable music this music IS accounted for, and folks don't care to buy what's still on the radio.

      Plus most people are in debt to their eyeballs, and multimedia content is easy to clip from the budget. I don't know anyone who still buys 1 album per week now (or 5 per week, or more) on a regular basis. Years ago that wasn't the case (disclaimer: maybe I'm not a whippersnapper anymore).

      It will be a GOOD thing if the music industry contracts because it's a cartel that exists to bloat its ranks with middlemen who were obsolete 20 years ago. Read the 1998 Salon article on RIAA piracy of the artists, written by a very articulate Courtney Love.

      Things will settle down, but maybe the record labels will be WEAKER than the artists for a change. (Although content wise, I don't see much of a music revolution while Clear Channel controls so much of the airwaves).

      The whole "US Economy will be ruined" by open music is a scam. The same people spouting this belief have simply overvalued their personal investments in the RIAA member companies. If the economy goes down the toilet because of $2 DRM free downloads at iTunes, maybe it was too frail to begin with (and maybe those same DRM cheerleeders shouldn'd have cheered all our manufacturing jobs overseas, to the benefit of no one but themselves).

    5. Re:Wrong question... by R3d+M3rcury · · Score: 1

      If you had your choice of having $500 million in sales with rampant piracy, or $1 billion in sales with twice as much piracy, which would you choose? The music industry has a history of choosing the lesser amount because of the risk of the increase in music piracy. Part of the reason for this, I imagine, is that the music industry would rather have all the sales.

      Their belief is that if they sell 100,000,000 songs and 100,000,000 songs are pirated, they've lost the money from selling those 100,000,000 songs. If they sold 200,000,000 songs and 200,000,000 songs were pirated, they've lost the money from selling those 200,000,000 songs. To them, piracy is lost money. The fact that you might, in the future, buy the whole CD or just the song you like is lost on them. Their job is to maximize the number of sales and you don't necessarily do that by giving away stuff for free.
    6. Re:Wrong question... by sarcells · · Score: 1

      artists are going to starve in a digital world without DRM! No, mostly they're not. Pop musicians get their money from concerts, not from CD sales. If you want to support an artist, go to a concert.
    7. Re:Wrong question... by Doctor+Faustus · · Score: 1

      The RIAA members sat on their ass regarding technology... "stereo" has been around since the 1930's, yet even CARS are capable of 4 and 5 channel sound... but they still publish in stereo. The best concert CDs are BluRay DVDs.
      Surround sound is mostly good for movies. Music would be better served by separating the various instruments, so people could specify that bass guitar, bass drums and low synth notes go to the subwoofer, rather than making the hardware do Fourier conversions, and lead vocals go to your center channel speaker. You could keep the MIDI instruments in MIDI, too, and put in timed lyrics data for people to do karaoke with their normal recordings. You might start seeing specialty speakers for guitars and vocals, too.

  95. Proof by Confusion by Crypto+Gnome · · Score: 5, Insightful
    Once again, some random pundit proves an assumption by starting with fuzzy thinking and lack of detail.

    THE Music Industry is a myth

    And by that I mean The Myth is that the is one "music industry". Specifically, what I mean when I say "the music industry" is (clearly, obviously) NOT the same thing that THEY (RIAA, etc) of the world mean.

    I would suggest that we (the sane and clear thinking intelligent people of the world) understand that there are TWO "Music Industries".
    • The Industry of Making Music
    • The Industry of Distributing Music
    DRM is all about the control of the distribution of music. What we're seeing here is a failure of that control.
    • Failure to successfully control the distribution (and seriously, any/every playback of music is essentially, effectively, a trivial/minimalistic form of distribution - research "the analog hole" if this statement confuses you)
    • Failure to win the support and acceptance of the people
    • Failure to keep up with the march of modern technologies

    So what if DRM fails? So what if Music Distribution fails? So what if The Music Distribution Industry (which, basically, in its current invocation is nothing more than a protectionist racket like the MAFIA used to run) fails?

    Previously the mechanical complexities involved in the distribution of physical media meant there "was room" (in a business sense) for an entity to "make this happen smoothly" and make money in the process. Now that there's less and less physical distribution, and more electronic distribution, the previous "margin for profit" is rapidly shrinking (ie there's no room for someone to skip BILLIONS of dollars from consumers for no reason).

    As living proof that any idiot can make predictions about The Music Industry .... here's my $0.02
    • Music Distribution will be SIGNIFICANTLY LESS about physical media and more about content
    • Many artists will find this is an opportunity to be more direct with their customers, and thereby collect more of the profits themselves
    • Other distributors will be needed, to help shuffle bits (iTunes, Last.FM, etc)
    • There will be multiple distribution models (sell bits, rent bits, subscription for bits)
    • There will be MUCH MORE of a market for "free stuff" that comes with what you bought (ie "value add")
    • There will be MUCH MORE of a market for premium content (ie the ultimate collectors signed-by-the-artist, gold-plated, diamond-encrusted pack) ... because it's now a significant distinguisher, as more of the market is no-longer physical
    • ....
    • Profit???
    Basically I could ramble on for a few MEGABYTES, but the main point is this:
    • The Entire Industry That Revolves Around Music will be much broader, deeper, richer than ever before.
    Even though "the current distribution and control models" are no longer valid, nor necessary, nor are they even WANTED anymore.

    We need not, we should not, mourn their demise. Like a recently deceased aged relative, we've had some good memories, but towards the end it's just been messy and embarrassing.

    Hold a funeral, bury the body, enjoy the wake, celebrate the new generation.
    --
    Visit CryptoGnome in his home.
    1. Re:Proof by Confusion by domatic · · Score: 2, Interesting

      The other truth in what you say is that music as a business will be lots of little pies with lots of slices for everybody. What is making the big labels nutz is that centralized control of what's coming is a lot harder. If anything, with the RIAA goons out of way music will likely be an even bigger industry. Things like payola for radio stations meant that the big labels got richer but it also meant that local guys that might have gotten a chance once no longer do. But for kids these days, the radio is irrelevant. And that local guy can buy some webhosting or just have a really snazzy MySpace page.

      Besides the politician buying and other forms of thuggery these crooks have engaged in, I'll tell you another reason why I don't feel sorry for these guys. As a teen in the mid-eighties, I thought about how neat it would be to have music on a computerized device that was entirely solid state. Given the state of things then I knew it was impractical but given enough memory, miniaturization, and processing power music without physical media was obvious to me even then. After all, digital sampling was starting to be used to create music wasn't it? Roll forward ten years or so and "mp3 files" are just starting to get going by word of mouth. At that point, there was still time for the industry to figure out how to ride that wave. Instead, they stood on beach and first wagged their fingers and then started desperately firing heavy weapons it. The tsunami barely noticed and didn't care.

  96. People aren't watching as many movies... by Greg_D · · Score: 1

    ... because the movies coming out are generally either of poor quality or are so niche oriented that most people would rather not watch them. Also, with DVDs and on demand television, people are more apt to wait for the movie to come to them via Netflix or their cable company than go out to wait in line, pay for overpriced concessions, and sit in a seat that may or may not be horrible.

    And that's just part of it. The movie-going generation generally skews young, but young people have other things to distract them, including the web and its social networks. Also, before you could perhaps rely on word of mouth from one person and maybe a newspaper rating of a movie before making a decision to go see it. Now you can get hundreds of opinions instantly.

    People still go out to see great movies. They just won't put up with crap as much as they used to.

  97. Britney Spears collapsed... by droopycom · · Score: 1

    ... was it because of DRM or lack thereof ?

  98. The Last Line by IronicToo · · Score: 1

    I am pretty sure the last line of the article was removed

    "Oh and by the way, the sky is falling"

  99. You gotta admire merits of democracy by unity100 · · Score: 1

    It is such a tolerant regime that it allows idiots such as these to speak out loud without having a bit of knowledge about recent history. Linux was given away 'free', yet it has been able to challenge world's biggest corporation at its own game. I wouldnt even bother to start listing other examples.

    the question is, WHO funds idiots like that, and who helps them spurt out their nonsense around ?

  100. This guy needs to take an economics class by zerofoo · · Score: 1

    Markets are brutally efficient - you can only charge what the market will bear.

    There are ways to manipulate markets, and the most reliable way to manipulate a market is to create scarcity. Many large players try to create scarcity to prop up prices (precious stones, agriculture, energy generation...etc)

    Unfortunately for the music industry, music is not scarce at all. As much as the music industry tries to create scarcity, there is just too much content, and too many ways to consume it (radio, TV, satellite, cell phone, internet, coffee houses...etc). If you don't believe me, try to go one day without listening to music anywhere - you probably can't do it.

    This lack of scarcity has, in market terms, devalued recorded music. Recorded music is almost worthless in today's music consuming market.

    Music PERFORMANCES, however, are very scarce in comparison. I've seen people spend upwards of $300 per ticket to go see certain artists perform live. The market has decided that live performances are scarce and worth MUCH more than recorded music.

    And that's the only way the music industry will make money. Give the music away, and hope that people will come out to see the performers play.

    Any other strategy is doomed to fail, and the market has already come to that conclusion.

    -ted

  101. Every song is already on the P2P networks... by Joce640k · · Score: 2, Insightful

    The writer of that article is an idiot.

    Every single song is already on the P2P networks so how can this cause the collapse of anything?

    --
    No sig today...
    1. Re:Every song is already on the P2P networks... by utopianfiat · · Score: 1

      it's more of a "waaaah! I can't fabricate profit anymore!"- DRM causes business where no business should actually be. It's like saying that you should be given money for your bowel movements because it creates profit where there was none before.

      --
      +5, Truth
  102. new music sucks! by Anonymous Coward · · Score: 0

    maybe the music industry is going down the drain because all the new music these days SUCKS!! I have not bought an album for years because all the new music completely stinks!

  103. It's not the DRM, is the free distribution by MrDiablerie · · Score: 1

    It isn't the DRM free music that's causing loss of revenue, it's the fact that the cost to distribute pirated music is next to zero now. Before you had to dub a copy to tape or burn a CD, these all cost a little bit of money. Now you can share music to your hearts content downloading pirated music at next to no cost. If there was an associated cost to downloading these audio files on the consumer end it would be less convenient. The consumer wants convenience. Right now it's just more convenient to look for an album torrent than to pay $1 a track to get it off iTunes.

  104. ...lawyers and DRM schemes by Joce640k · · Score: 1

    They've spent quite a bit of their profits on DRM schemes, too.

    --
    No sig today...
  105. Unfortunately ... by Anonymous Coward · · Score: 0

    Unfortunately, they don't do the Simpson's live. It causes too much strain on the animators wrists.

    1. Re:Unfortunately ... by eiapoce · · Score: 1

      On the other end the last tour of the spice girls earn each of them around 16 Millions dollar ( http://www.ilgiornale.it/a.pic1?ID=236261 ). Anyway I was talking about music performance and a LIFETIME stream of revenue.

  106. You can't "steal" music by Anonymous Coward · · Score: 0

    You can't steal music. You can't steal a movie. It is not wrong to share.

    You CAN plagiarise, but that's a whole other matter.

    The sooner our laws change to reflect what people feel is fundamentally fair, the better.

  107. Crumbling from dist. methods, or lousy product? by evildarkdeathclicheo · · Score: 1

    Ever consider that there is no point to the music "industry" in this day and age? Perhaps consumers are finally wising up and no longer wish to consume anything that Viacom or Clearchannel tells them to consume? With the plethora of independent artists who have figured out how to create, record, promote, and profit from their art without the big fat overhead of a traditional record company, the truth of the matter is that there is just not any need for the "industry" anymore. The product that the industry has been putting out only caters to the least common denominator of society. Perhaps the world is just realizing that people really aren't as sheep-like as the labels wished they were (at least outside Dumbfuckistan). -W

  108. The MP3 patents will expire soon... by Joce640k · · Score: 1

    MP3 will be free long before OGG can make any inroads. It's much better to wait it out....

    --
    No sig today...
    1. Re:The MP3 patents will expire soon... by webmaster404 · · Score: 1

      I guess thats right, what year do they expire? 2009 or 10?

      --
      There is no "disagree" moderation, and troll, flamebait and overrated are not valid substitutes
  109. Could it possibly be any more obvious? by lord+sibn · · Score: 1

    Not that the other solutions are any better. I love how intelligent people think subscription-based music services are the way to go. All you can eat for $15 a month. Talk about devaluing your product. People can download enough songs to fill 100 albums and pay under $20. How does anyone make money this way?

    Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel. Imagine walking into your living room as all your books disappear because you changed libraries, or your DVD collection disappears because you switched from Blockbuster to Netflix.

    Both giving away content free of charge and taking everything away from consumers if they cancel fly in the face of everything we know about a functioning economy. People will become dissatisfied. Artists will stop making content because they're not getting paid. When there is no content, people will stop buying gadgets to consume that content. In short order, one part of our digital economy will collapse, and it could be followed by countless others.

    Of course, if you buy the DRM music, then this problem goes away! Nobody has ever had their media collection "voided" by DRM, right? Oh, wait... Yeah they have.

    To say that people will stop buying gadgets to consume that content is shortsighted and even stupid. People haven't even caught on to what DRM will really mean for them in the future, and those who have only have made the connection because of what it did not mean for them in the past. My parents, for example, would consider hd-dvd an upgrade.

    Giving away content can be a bad business model, sure. But it can also be an excellent business model. Just ask the guys at Google.

    And before I forget to say it, it's worth mentioning that the costs of music are continually falling (to the point where independant musicians can produce records of similar quality to big labels, but in their basements). If the label really needs $650,000 to sign that new artist, then I think something in the money chain is missing. The means to increase production exponentially at virtually zero cost are there. The RIAA simply refuses to take advantage of it. Their approach is to throw huge sacks of money at promoting a small number of "artists" and largely ignore the rest of the crowd.

    Creative works are cheaper than ever to produce. Unless you ask any company that makes its money on artificial scarcity.

    I previewed this a couple of times before i noticed the biggest problem with this guy's argument: "what if you found your books vanishing because you switched libraries, or your dvds vanishing because you switched from blockbuster to netflix?"

    Uh... with either service, you don't own anything. the media belongs to the library (or blockbuster) and the content belongs to the creator or publisher. Wait, that sounds EXACTLY like the sort of thing DRM was designed to do.

    He is right on one count, though. If you piss your customers off enough, then they will *evntually* stop paying for your products. But to suppose that people actually *like* or *want* DRM? That's a stretch. Yes, one part of the digital economy will collapse. And I welcome that collapse. Just because it's there today does not mean it's not a malignant tumor. Go away, DRM. I never wanted you. I never will. I never woke up thinking "I wish there were fewer ways I could use the music I paid for."

  110. TFA == Troll by dogs4ar · · Score: 2, Insightful

    I know many of you have pointed this out already, but here's my 2p:

    The author confuses physical goods with digital goods. No problem, happens all the time. He introduces this concept though:

    "So people who made wooden chairs could trade them for, say, rice, fresh fruits, or meat. In time, a monetary system was introduced to generate a larger economy." That's not how it went down. Actually, according to my conspiracy-minded imagination, money was introduced by a bunch of lazy slobs who wanted to own the whole world, by doing the minimum amount of work. They devised a system by which people would trade little beads, bits of paper, shells, whatever, as long as they controlled the supply of said fiat currency. Like the man said "He who controls the spice controls the universe".

    Thanks, Lance, for perpetuating the corruption that is money. That's swell. Before, people made whatever and traded whatever. Sure, there were inefficiencies, but people did what they fail to do now: they told people what they had and what they needed. Nowadays, it's all about "How much can I get for it" or "What are you willing to pay me for". So much better, I admit. (BTW, I am a wannabe '60's hippie that Lance is talking about in the article, like you couldn't have guessed) Moving on.

    "We access or play an instance of it, but ownership lies really with the creators or, if they signed the rights away, to the media conglomerate that sold the right to consume it--on a limited basis--to you."

    Whoa! When did we agree to this? OK, just for the record, let it be known that unlike everything else ever created in the world that is portable, fungible, and transferable, media is different. You don't own it. You have the right to use it. OK, let me get this straight, Lance, so I don't misrepresent you or your media conglomerate sugar daddy.

    If I were to purchase a physical paper copy of your magazine, just for fun, let's say...then I gave that copy of your magazine to someone else after I was done reading it, that would be copyright infringement, right? Bear with me Lance...I purchased the "right" to read your sacred text, the words that you received on high by the mighty fortress that is...Microsoft, Ziff-Davis? I forgot who your corporate masters were. Anyway, so I purchased this "right", naively thinking I had purchased a "product" instead. If I then give that holy writ away to someone else, thinking "Hey, geek-boy over there is going to get a kick out of this," have I not infringed upon your sacred copyright? Have I not transferred my right to view your copyrighted work, without your express written consent (and the written consent of ABC, and the National Football League)? Am I in trouble, Lance? Are the cops going to take me away? I want my mommy. Woe is me.

    See, this is exactly why a common peasant, unwise in the ways of copyright law, would be tempted to "steal" music. The commoner understands the concept of "buying and selling stuff". We do not understand this concept of "limited transfer of rights". In fact, it appears that yon mega-media company is attempting to rip us off. Is that what's going on? Has this been going on for years? Are the money changers in the temple? Have they been kicked out by the messiah of P2P? Lance, are you actually defending the money-changers? Do you even know what you're up against?

    Sharing resources like this always makes me think of the parable of the loaves and the fishes (no I am not a Christian, but I will not hesitate to use Christian literature against them). You see, The Original Hippie split loaves of bread and entire fish. Why he did not bring at least some of the fish back to life, to replenish the stocks in the lake/river/stream/whatever is beyond me. Perhaps his powers were weak, at the time. Anyway, everyone got enough to eat because Beardy basically did this matter transmutation thing with food.

    This is essentially what we are doing now, with media. We copy one set of organiz

  111. a radical new idea for members of the RIAA by lewkor · · Score: 1

    How 'bout this for a new idea? Why not distribute music that people find unique, creative, artistic and inventive - like groups and individuals did in the '60's and the '70's. Much of that music is now classic. It still sells.

    I have a friend who has a son who has moved to LA to pursue the music scene (his dad and I live in Canada). He came home at Christmas and I asked how it was going. He repiled that he was getting sick of being told that he would get recorded if he sounded like someone else.

    Sorry, music execs, that is not how you create music!!!

    Maybe that is why your industry can't give your shit away!!! 'Cause its no good!!! Clue in!!! People will buy stuff that is different if you give them a chance to hear it! Then maybe your business won't die. Maybe thats why Trent Resnor and Nine Inch Nails are purposely not even coming to you to have you represent them!!! Maybe its because its impossible to make a decent living under one of your contracts.

    Would Donovan, Bob Dylan, Jimi Hendrix, Leonard Cohen, hell even the Beach Boys have had a chance in today's climate? No, and only 'cause they each had a unique sound that no exec would have "taken a risk on"!!! Well guess what!!! Music and art is about RISK!! Its about stepping into the unknown!!!

    Each of these great artists would probably have been relegated to playing in the odd bar, just like my friend's son.

  112. Lack of DRM - the sky is falling part 2! (or 3?) by DusterBar · · Score: 3, Informative

    For those of us old enough to remember the early days of the personal computer market and, more specifically, the IBM PC market, we will remember that the same types of doom and gloom was said about the software industry. Lotus would die if it released 123 without DRM (ok, it was called copy protection back then) or that dBase or a host of other software vendors.

    But there were some that realized that two things were going on:

    1) Copy protection got in the way of legitimate paying customers so more and more complex methods were invented that did things like put bad data into directory structures on the hard drive to "mark" the machine as valid and other such trick, all of which ended up causing more problems and costing tons in R&D and support efforts.

    2) Those people who would not pay for the software still were finding people who had the skills to work around the security measures and still had illegal copies. In fact, some that actually had paid for the software also got these illegal versions as they did not have this other problems.

    Along the same time, some smaller vendors released software at the right price and without copy protection "features" and did very well. Slowly the other vendors also stopped doing copy protection and, well, the sky did not fall. They all prospered. Those that failed did not fail due to lack of copy protection or due to too much piracy.

    I have seen this cycle actually a number of times. Each time the final analysis ends up showing that more is lost due to trying to "protect" the content than is ever gained by someone maybe paying for the product that might not have done so without the measures.

  113. DRM is a cover for theft by GumphMaster · · Score: 1

    From the article:

    "Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel. Imagine walking into your living room as all your books disappear because you changed libraries, or your DVD collection disappears because you switched from Blockbuster to Netflix."

    Indeed you might be, which why subscription services remain subscribed. However author's position conveniently ignores the 800lb gorilla in the room. As things stand now, removing the books/CDs/DVDs from your shelf is called theft. By supporting ubiquitous DRM the author is supporting the 'right' of content authors to unilaterally remove all the books/CDs/DVDs from your shelf without you having to switch library and without you having any recourse in the matter. In the author's DRM-laden utopia the concept of theft is twisted to included copyright infringement and exclude the digital equivalent of theft by removing access to paid-for services. This is not a Good Thing.

    --
    Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
  114. So? by jotaeleemeese · · Score: 1

    Is patronage forbidden nowadays or what?

    --
    IANAL but write like a drunk one.
  115. Oh noes by yusing · · Score: 3, Interesting

    "the music industry will continue to crumble."

    As a composer and musician, I ask: so ... what's the problem, then?

    The "industry" (think once more about that word, and what it has meant to *music*) was an anomaly built by pimping pop to teenagers with enough money to buy vinyl. It consumed as many lives as it made dollars. The "star" system, the "underground economy", the proliferation of radio stations choosing what is "worthy"

    Good riddance. Music never needed the cigars, the usury, the chains or the money. I look forward to new Woody Guthries running amok in the countryside, new Dylans popping up in depression coffeehouses. As for all the people who've made a very good living from the creativity of others: go sell Amway.

    --

    "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

    1. Re:Oh noes by gujo-odori · · Score: 1

      Exactly. Every CD I've purchased in the last five years has been an indy, bought directly from the artist, usually at a live venue. Go back a couple more years and you can find some small labels like Alligator Records in my purchases, but no major label stuff. All the major label stuff I have was purchased a long time ago, and was recorded long enough ago that it's all CD reissue of stuff that was originally recorded on vinyl.

      Why is this? It's not just about wanting to directly support artists I enjoy and see them get paid for their work (the rips of which go only to my iPod and are not passed around), but because the major labels aren't selling anything I want. I don't download it for free, either. They just don't have anything I want that I haven't already bought. If the industry is really collapsing, it's doing so because it's failing to produce enough product that enough people are willing to pay for. History is filled with businesses, or entire industries, that failed for this reason.

      Just as many of the greatest innovations in computers have been made by a couple people working out of a garage, the greatest creative work in music comes from there, too. Not from big record companies creating Brittany clones.

      Like you said, good riddance. If the entire music "industry" actually does collapse, I'll still be able to get the music I want just fine.

    2. Re:Oh noes by cliffski · · Score: 1

      The *evil* industry is also what has allowed music to become truly global. As I recall, Elvis never toured outside the US, yet he is insanely popular in Japan. Some kid in Pakistan might be a huge fan of Led Zeppelin, but I doubt they toured there.
      Like it or not (and I am no fan of big multinationals) global size corporations allow global reach of content. You might choose to be sniffy about this, but it's a good thing in general. My favourite band are from new York, a city I have never visited. I only heard about them because a global record company spoke to a global media company and got their first album promoted around the world. As a result I could buy their CDs (made by a huge distributor) and they could make enough sales to visit the Uk and tour.
      Unless you want to return to a situation where bands play locally once a month and have a nice local following but are never known elsewhere, you need companies with the ability to promote new music over a vast area.

      I'm glad everyone got to hear of the Beatles, led Zeppelin, The rolling stones, Elvis and all the other acts that have become truly global. Whenever people want to find an excuse to bash the record industry they take a pop at Britney Spears et al, but the every same companies involved with teenage disposable pop also produced music from some of the most classic bands, and promoted that music around the world. If record companies collapse entirely, I'm not convinced that myspace friends lists will be as good at promoting the next Elvis to everyone who may like his music.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    3. Re:Oh noes by ProteusQ · · Score: 1

      Mod: +1 One Of The Best /. Posts Ever

    4. Re:Oh noes by Draek · · Score: 1

      No, MySpace friend lists may not be enough at promoting the next Elvis, but fansites and word-of-mouth probably will, and in this digital age, where you can be chatting with people all over the world in seconds, the power of it has increased tenfold at least.

      Fuck, my favorite rock singer is an independant musician from Quebec, Canada, my favorite composer is an independant pianist from Rome, Italy, and I'm from Chile, how's that for globalization? and just the other day I was listening to an independant rock band from Norway, none of that thanks to the RIAA.

      --
      No problem is insoluble in all conceivable circumstances.
    5. Re:Oh noes by sheph · · Score: 1

      I agree. Most artists who make music do so because they like to make music. I come home after working all day and my wife and I write a little, record a little, if others like it that's fine, but I'm not really doing it for them. It's the executives that have decided that the artists need to give up their 9 to 5 in exchange for back to back world wide tours. If you look at a number of the artists the results haven't exactly been positive over the years. The general flow seems to be start with a good sound and a good band -> get discovered -> make more money than you know what to do with -> give in to the lure of drugs and wild living -> lose the ability to even perform -> go to rehab -> organize a comeback tour and do it all again if the industry thinks you're still a money making venture. The toll it takes on the artist is tremendous, and the only ones that benefit are the industry executives. With the rise of the Internet the music will survive, and the only thing dying is that which was not necessary in the first place.

      --
      I don't believe in karma, I just call it like I see it.
    6. Re:Oh noes by cliffski · · Score: 1

      the majority of people in the world are not regular myspace users, or instant message users or even email users. Television is probably the only truly global medium that affects everyone. You can have a huge internet phenomenon such as the 'snakes on a plane' stuff, and it doesn't mean diddly squat in terms of global reach.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    7. Re:Oh noes by Draek · · Score: 1

      Well, IM and email alone are pervasive enough to cause a global phenomenon, perhaps not on the scale of Britney Spears, but probably at least Coldplay-scale, I think.

      And while TV's reach may be bigger than anything else out there (still not universal, though), the level of confidence in it is pretty low compared to word-of-mouth. Simply put, you're much more likely to buy something if a friend recommends it to you, than if you watch a flashy ad on TV, which may also help compensate for the loss of reach.

      So no, I don't believe that losing the RIAA will affect us much, and while I also don't think that losing worldwide mega-hits would be bad for the industry, I'm not convinced they wouldn't perpetuate in a RIAA-free world either.

      --
      No problem is insoluble in all conceivable circumstances.
  116. Dear riaa and member companys. by Anonymous Coward · · Score: 0

    You still don't get it.

    You pissed me off. By being such scummy amoral greedy assholes.

    listen close. make copies if it will help you get it.....

    I WILL NEVER BUY MUSIC AGAIN! EVER!

    Get it yet? I dont care what you do. you lost me and many others as customers forever.

    I want you to go broke. I dont care if i ever get another new piece of music. And i will keep teaching people how to "STEAL" your content every chance i get.

    You rank down there with lawyers, telemarketers, spammers, pedophiles, and the like. You will never EVER see another cent from me. Ever. You treated me. your customer. like a thief. you waged war on digital freedom. you had your chance to cash in big and what did you do. fucked up and sued YOUR OWN CUSTOMERS! You are scum. You had your chances. You failed. Now i want to see you all bankrupt.

    theft, enfringement.... call it whatever you want. it doesnt change the fact you will lose in the end.

    And i dont feel one damm bit of pity or sympathy for you. Or anyone connected in any way with your industry.

  117. Of course it's a big deal by Anonymous Coward · · Score: 0

    Is the removal of restrictions from our media really that big a deal?

    Yes, because it's the "industry"'s only hope.

    With DRM: can't play, won't buy, no sale.
    Without DRM: can play, might buy, possible sale.

    Without DRM: piracy limited to those who want to "steal."
    With DRM: piracy includes "thieves" and also people who want interoperability. They might have bought it, but you'll never know BECAUSE YOU DID NOT HAVE A FUCKING PRODUCT THAT WORKS.

    I don't know if dropping DRM will save them, but it will at least increase revenue. Bitch all you want about digital media making piracy easier, but DRM makes it necessary. That was the path to death.

    BTW, DRM hasn't been dropped. It seems to be going away for music, but it's still very present in movies. I don't buy movies that I can't play. People who want to sell me movies, should keep that in mind.

  118. Gun Meet Toe by EEPROMS · · Score: 1

    Im one of the many time poor out there and I catch the train to work. To save time I download podcasts that helps me keep on top of things relating to the field I work in. One thing I have noticed is the lack of "music" in my podcasts over the last couple of years. As most of us know this is because record companies have decided that podcasts should pay exorbitant license fees. Many of the podcasts literally are either a hobby or are on a shoestring budget thus they delete any music played within the podcast (some are live to air recordings). The problem now is Im totally used to not hearing music in podcasts and when I do hear anything it is viewed along the same lines as advertising. Now if you sit back and think about it the record industry has successfully isolated many of is consumer base from its product and any marketing guru would say this is suicide. So am I surprised that sales have dropped, no considering my previous comment.

  119. I'd rather pay to play... by Shao+Ke · · Score: 1

    I guess there are a lot of people who will groan, but I actually really like Rhapsody. I've never been a big purchaser of music. I was strongly discouraged from doing that when I grew up so I got pretty accustomed to listening to the radio. And I liked it that way :).
    I also tend to buy a CD and listen to it once whereafter it gets put away in a box. Even for top notch "classics". With pay-to-play I get to listen to whatever floats my boat on that day without cluttering up my house and cars with rarely listened to music.
    This also allows me to cheaply experiment with stuff I wouldn't otherwise listen to. I don't get unknown garage bands, but that's not what I'm into anyway. I suspect if I wanted to search for them I'd find them with Google.
    This isn't like paying for the air I breath. If it gets too expensive, well, I like silence too.

  120. The end of the patent / copywrite bases system by xftnfnb7 · · Score: 1

    What we are seeing is the end of the patent / copy write system of information management to a more shared approach. This will take generations. But, once we realize that there is nothing to fear and everything to gain from sharing all information digitally our entire economy will change.

  121. I've bought more DRM-free music than DRM music by ShawnDoc · · Score: 2, Insightful

    Well, in the last 2 months I've bought more DRM free music (Thanks Amazon!) than I have DRM'd music in my life time. Why? Because DRM music has been a nightmare. I could never get it to play right on my MP3 player, I don't own an iPod (Well I did, but I returned it) so the few songs I bought on iTunes were essentially trapped on my PC. My mom in the past bought music via the DRM'd Walmart store, but had such hassles she never did again. Instead I've stuck to CD's. Nice simple, easy to copy. But with Amazon now offering up huge amounts of DRM free music I've been buying up out of print albums and guest spots some of my favorite artists have done.

  122. Trouble for music industry execs by PPH · · Score: 2, Insightful
    If you are a music industry exec, I suppose things must look like the End Times. But from where I sit, there are only two important parts of the music industry. The performer and me. Everything else is a necessary(?) evil that gets the product to the consumer.

    As my brother, a musician, tells me, he doesn't make that much money off recordings anyway. Most of his income comes from performances. I can steal the f*cking CDs for all he cares as long as I come to the concerts.

    Keep this all in mind when deciding who will be getting screwed by DRM-free music.

    --
    Have gnu, will travel.
  123. Time Travel by ChrisA90278 · · Score: 2, Insightful

    I went ahead in time and grabbed a history book written in the year 5,000 AD. Here is what it had to say....

    "... For 10,000 years musicians earned their money by playing in front of a live audience except for a short 80 year period in the 20th century. Before this period recording has not technically possible and after the period recordings had no commercial value because they could be universally disseminated at no cost...."

  124. mod parent at 6: definition of reality by circletimessquare · · Score: 1

    hallelujah, hallelujah, hallelujah

    the death of an antiquated business model is NOT the death of music

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  125. Of course the "digital economy" will collapse. by Max+Threshold · · Score: 3, Insightful

    The "digital economy" is doomed to collapse unless they realize and accept that it's based on services, not products.

  126. Analogy with publishing by ardent99 · · Score: 3, Insightful

    The music industry is going through changes analogous to the ones the publishing industry went through over time.

    In the first era, publishing books was a laborious and time consuming process, and only one copy could be made easily. Books cost huge amounts of money, and were hand printed and illustrated. Then when the printing press was invented, it created a second era, which dramatically brought down the price of books due to mass production, and made it possible for countless people to read things they never would have been able to before. It also led to the rise of publishing empires who controlled what and who was published. If you could afford a printing press, you could publish what you wanted, but not many had the resources and wherewithal to become a major publishing machine. And lastly with the rise of the internet era, web sites and blogs, which are essentially free ways to publish and mass-distribute your work, it became possible for anyone to have their writing accessible to all, and to build a following, without the need for a publisher in the middle. Many blogs are now major writing outlets, and don't go through publishers they way they would have needed to in years gone by. Technology has created a whole new market and business model.

    The record companies are in the same state the publishing companies were in during the rise of the third era; technology has made it possible to bypass them and they are running scared.

    But you don't see blogs as a substitute for publishing books. People still buy books from book publishers. Yet blogs have become a huge global force just as important as books. Newspapers, being in between, have suffered and have been forced to become more like blogs. The difference between blogs and traditional printed media is that blogs are streams. The value people find in blogs is that they are a constant stream of creative content from the writer, i.e. a subscription. People see value in getting the latest thing from the writer, in a timely way, with predictability and quality. So what people see as the value of blogs is access to the talent on an ongoing basis, not an individual item of production. And there still is value in producing and buying books, because they are a different product meeting a different need.

    So I see that the music distribution business will change in similar ways. It may become impossible to charge for individual songs, but people will pay for ongoing access to the talent. The musicians will be forced to actually be productive on an ongoing basis, and to create a stream of content, which has subscription value. They will no longer be able to build huge fortunes on a few moments of inspiration, and will have to work for their supper on a continuing basis. But in the end, those who have talent will be able to create that stream of value, though probably not on the scale that musicians get paid today.

    And there will still be a market for high-production quality compilations of music, like CD compilations with good editorial judgment, and high-quality artwork and music. But along side them, as important or more so, there will be talent streams.

    Things will be different, and talented musicians will be able to make a moderate amount of money, and the people who make fortunes today riding a few creative successes probably won't be able to do that. But is that such a bad thing?

  127. What will happen... by Anonymous Coward · · Score: 0

    Is the disappearance of the random assortment CDs that most modern pop/whatever people put out. The real artists put out an album which is really a performance (e.g. the pieces/songs flow into one another, they set a mood, tell a story, etc), instead most pop/rock/alternative music albums are just collections of random songs a few of which become catchy and end up on the radio all day long ...

    We already have popular performances that are ensembles of an entire theme from start to finish. They're called films. Any film worth watching has a beginning, middle, and an end. Could you imagine a film where it's just collection of random 5 minute scenes with no story connecting them at all?

    So what the end of people being forced to buy an entire CDs worth of shit and instead being able to cherry pick the pieces they want is artists will have to start putting together worthy albums so people will want to pay $15 or $20 for a collection instead of $0.99 for a piece.

    I have no problem paying $15 for a CD if it contains a good hour of actual enjoyable music. I won't pay $15 for a CD where I have to skip tracks 2, 3, 5, 6, 7, and 10 because they are utter garbage.

  128. Not rational in a market economy? by iminplaya · · Score: 1

    Then let's dump the market economy. It just causes grief for the vast majority of people on the planet anyway.

    --
    What?
  129. PC Mac editor says economy will collapse?!!! by Anonymous Coward · · Score: 0

    well then, it must be true.

    Should I really bother to read TFA?

  130. People, people, stop the pointless deducing. by byteframe · · Score: 0
  131. Who are you talking to? by Anonymous Coward · · Score: 0
    Grandparent ("Giving up control?") says:

    They're not giving up control - they're accepting that they aren't giving up control.

    Parent ("Crumbling industry? Yes and no") says:

    >the music industry will continue to crumble

    You say that as if it's a bad thing!


    ok... why does parent appear to be replying to (and quoting!) a post other than what it's attached to?
    1. Re:Who are you talking to? by JonTurner · · Score: 1

      Because when I replied earlier, I was viewing with IE5 which gets royally confused about formatting since the addition of slashdot's new keybinding, causing several overlapping panels. I hit the wrong reply link. So sue me. Maybe /. needs to use that new microsoft "render this VERY accurately" tag being discussed on the front page? (or else the library needs to upgrade.)

  132. Sell me the Source or Sell me a Better on CD by erexx23 · · Score: 1

    They are acting like they are giving away the original source wav for free.
    When really its a compressed version of what they could be selling on CD's.

    After all I would rather own the CD, which is closest I am ever going to get to the source material.
    Then I'll make my own MP3, Flak, OGG, WMV, at whatever sample rate for whatever portable device I own.

    If CD's didn't cost so much then maybe they will be able sell them again.
    I suggest they rethink the way they sell CD's.
    Make the packaging less expensive.
    Make the music selection better.
    Include Music Videos
    Just make it a better deal.
    Maybe no more than 5.99 a CD?

  133. It must be advertising renewal month.. by Kyle · · Score: 1

    Editors are making up stupid stuff to get their view count up for the month.

    Thanks Slashdot, our advertisers all renewed thanks to you!

    --
    The previous comments are only true, if no-one says they're wrong.
  134. This person is simply old or ignorant. by slawo · · Score: 0

    This person just like the music industry itself has failed to realize that the music industry's interests and consumer's habits are diverging strongly today.
    First thing when you buy music you expect to play it on your home theatre/HiFi, on your laptop, on your mobile phone, on your iPod and other devices... No one will pay more than once for one song without feeling like being robed.
    Speaking about paying. I believe music consumers are in majority young people whose wallet is not stretchable. When the video media industry introduced DVDs the music industry saw a strong decline in it's CD sales and started screaming in pain... Young people in Europe tend to have 100 to 600 mobile phones at the age of 16, they invest in bluetooth accessories and wireless plans... this money can't be spent twice and it's taken away from some media conglomerates and ends up in the pockets of others. You can not expect 100% growth in one sector without impacting another one.
    These music companies did not foresee the changes ahead when mp3 players started appearing, and when the interned was getting all the hype they must have been in a cave, they never heard of it. They failed to adapt in time and utterly ignored the need to create new business models when they were confronted with the problem. Those companies not only failed in front of their consumers... They also failed in front of their share holders by ignoring an extremely popular new medium (the internet!).
    The fear of repercussions on the shares and laziness gave the poor americans the RIAA. Their desperate move to vilify the consumers changing habits just created more resent and a new generation of young who now despise them and laughs at the poor adverts "downloading is stealing"... These companies can survive on their current customer base but they already lost the large part of the current youth and continue to make the consumer the enemy. I believe this is already gone too far to be ignored or forgotten.
    I don't see Warner or Sony disappear... music is only a part of their business. But they are out of their comfort zone now and will have to start working harder.
    Saying that music will die because of the digital age is like saying concerts will die because of the audio tape... that cinema will die because of the TV or that news papers will die because of the internet.
    It's just a lack of foresight and effort. It's due to old age and to a tendency to get comfortable in old habits. As soon as some things change you don't want to make the effort to adapt or to innovate you sent lawyers to put thing like they were...
    As a consequence people get sued by an old grandpa waving his stick. It also happened to Copernicus... but it's round none the less.

    --
    The road to hell is paved with good intentions...
  135. What about variety of price? by JonTurner · · Score: 1

    Thank you for the thoughtful reply. Excellent points about the price of production vs. retail price. It's sometimes about perceived value.

    >>they see how many people are willing to pay for it at x, y, z and then pick the price that gives them the most money
    I don't think they do. Consider this scenario for a moment: You want to buy a shirt. You can buy a $5 shirt, or a $500 shirt. There's an enormous variety of prices and styles available to you. Some are made of cheap materials (cotton, crudely cut & stitched) while others may be of fine silk or linen, hand tailored. Which makes the differences in price at least understandable.

    So where's the variety in music pricing? Occasionally I see a $3.00 CD bin in the corner of the music store, but the VAST majority of music is selling for a price that smells like it's set by collusion among the big lablels -- For the most part, you have the $10 CD and the $17 CD and really little else to be found. That doesn't make sense.
    When Michael Jackson or Madonna or some other overhyped act spends millions and millions of dollars over a span of years in a studio to produce an album, shouldn't it cost proportionately more than the local garage band/one-hit-wonder that put the whole album together in their basement for $1,000 and is living in a hollowed out 15-seat bus eating ramen noodles between shows? But both act's albums are selling for nearly the same price. That leads me to believe that either the small bands are subsidizing the costs of the big-name "artists", or there's some very disturbing accounting happening at the label. And consider too that based on how most music contracts are structured with fees for "promotion" and "advertising" and "advances" and "management considerations", a small band can tour for a year, selling hundreds of thousands of albums (and making TONS of money for the label!) yet end the day in debt. That's just not right.

    I think we can both agree it's a filthy business run by too many layers of less than upstanding characters. Like you said, not smart business men at all.

  136. If you build it they will come... by Art_Vandelai · · Score: 1

    I don't understand why the record companies just think in terms of the "casual music fan" that buys CD's at Walmart. Many people are devotees of certain artists, and would gladly shell out money for alternative product if the music companies would just consider offering it. For example, take live concert recordings. A fan can generally download a copy from a likn on a fansite. The recording is likely crappily recorded using a wireless phone, yet the fan is willing to invest valuable time in downloading the recording, properly labelling each song and adding some homemade "cover art" to add to their collection - especially for a never-before heard or unique track. Instead, why not offer professionally recorded live recordings, properly labelled and tagged with art from the show, conveniently located on iTunes for a small fee a few days after the show? There's so many ways that the recording industry can compete with free...by offering something outside the single/album format they've been wedded to for the last 60 or so years.

  137. Monopoly? by Infonaut · · Score: 1

    The price of selling something has nothing to do with the price of producing it when you have a monopoly. You either don't know what you are talking about, or you think piracy is a legitimate competitor to selling music online. The cost of making a CD is under $1. That didn't stop the industry from selling them for over $15. Get a clue.

    What monopoly? Even in this era of media consolidation there are several major labels and dozens if not hundreds of indies. Some of them use DRM, and some of them don't. There is no monopoly on the production or distribution of music in digital form. Even if your contention is that an oligopoly controls the music business, there is considerable evidence that the major labels have less power to control pricing than ever before.

    As for the cost of production, the physical cost of a blank CD may be under $1, but that is the least important factor. Up-front recording costs, marketing costs, and distribution costs add to total cost for the label. They also have to make a profit as well. Whether you think the labels are making an exorbitant profit on each unit sold or not, it is disingenuous to state that it only costs them $1 per CD.

    --
    Read the EFF's Fair Use FAQ
  138. Your ignorance of music history is showing by Scareduck · · Score: 3, Informative

    Beethoven was a prime example -- in fact, the first -- of a composer who did not need aristocratic patronage. He paved the way for a self-sustaining business by publishing, selling subscription concerts, and acquiring commissions from wealthy patrons. He did not live or die by a single royal finger, though he did accept individual commissions from them.

    --

    Dog is my co-pilot.

  139. It's about the people! by recharged95 · · Score: 1
    I for one welcome our DRM-free overloads.



    basically making music free and destroying the music industry is a good thing...



    Cause all those musicians, i.e. high school drop outs that did nothing but smoke drugs and ignore the law will now be worthless. And the prefab no talent, lip-syncing 'musicians' would be worthless. Cause they're not worth the XXX million dollar contracts the labels think they're worth. And we, computer MP3 hackers, will rule the world!


    The market (and real musicians) will find another way to make money. Money is not hard to make folks--and a monopoly or complete control of the system is "dead stupid money making"...

  140. Completely missed the point by The_Wilschon · · Score: 1

    GP didn't say that no bands were as good as Led Zeppelin. GP said that a band as good as Led Zeppelin could very well get off the ground and become famous without any help from the record labels at all, just like Led Zeppelin did. Did your personal favs do that? If so, excellent, they are more role models for future bands. If not, then that does not mean that they are not good bands, merely that they became famous with help from the labels that they (maybe) didn't need.

    --
    SIGSEGV caught, terminating

    wait... not that kind of sig.
  141. Good riddance by JustNiz · · Score: 1

    >> Now consumers are getting their wish, and the music industry will continue to crumble. Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.

    Boo hoo. My heart bleeds. Finally an end to a ridiculous monopoly that has lost all sight of musical talent. Hopefully the music and bands that don't just conform to mass-marketing formulas will finally also get some airplay.

  142. our digital economy? by kpainter · · Score: 1

    His view is that our digital economy will collapse this way That's OK. Our digital economy can join our regular economy as it collapses.
  143. Re:A complex problem by masdog · · Score: 1

    Part of the reason for that is the crap that is on the albums. Most of the time, the song or two that are (barely) worth listening to are the only songs that make it onto the radio with the rest being filler.

  144. staunch? by Anonymous Coward · · Score: 0

    to staunch the bleeding of millions of dollars in revenue down the drain Isn't the correct word stanch ?
    1. Re:staunch? by Anonymous Coward · · Score: 0

      Isn't the correct word stanch ?

      Yes, of course it is. But what do you expect from a fool? I'll bet he misuses "beg the question" too, if you give him the chance.

  145. Pain In The Ass Quibble by Anonymous Coward · · Score: 0

    I think maybe you mean "monolithic"? Unless you mean "megalithic" in the stone-age sense...

  146. "Giving up control" "giving it away free" by Anonymous+Freak · · Score: 1

    Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering.


    Now, Radiohead's experiment might be considered to have been "giving it away free", but iTunes Plus, eMusic, and Amazonmp3 are *NOT* "giving it away free".

    Giving up some amount of control (releasing DRM-free is not giving up *ALL* control; putting all content on the Pirate Bay would be giving up control,) in exchange for customer happiness is a good business decision.

    The music industry is still going downhill because in spite of its embrace of DRM-free digital music, it still operates deep down in a way that stifles musician creativity in favor of high-profit crap.

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  147. idiot? not so fast... by sneakyimp · · Score: 0

    Somebody tagged this article 'idiot' here at slashdot and I think that's not really fair.

    As much as I hate DRM getting in the way of me enjoying my music as I like, I do believe that the music industry is completely screwed without *some* kind of DRM. Why? Because I can buy a song in MP3 format that has no DRM and email it to ALL of my friends. Free. With no penalty and no signal degradation. This is a very different than the old days when:

    * Albums were big - who can copy an album?
    * Cassettes came out - the cassette copy always suffered generational loss
    * CDs were big - you'd still have to buy a cd and burn it and give it to someone.

    I don't need to know the person I email some MP3 to. And that person can mail it to all his friends. This is a very very different situation. The barriers to lossless sharing are NULL.

    I can't say it upsets me too much to see the horrible beast that is the music industry collapse on itself. On the other hand, what about lost jobs? There are all those CD manufacturing companies and the guys who'll burn 1000 copies of your demo for $1 each. Then there are the stores that sell CDs (R.I.P tower records).

    I know - "DRM won't stop pirates." That's not the point. It *will* stop Cindy the Secretary from emailing Britney Spears' latest to all her friends.

    I know I know = "But with each new distribution technology the overall money pie has grown". That may still be the case. Personally I applaud the dramatic decrease in the cost of music production technology and the digital distribution possibilities which are many-fold increase in efficiency. It means bands can make music with smaller investments and the consumer can get the music they want much more easily.

    HOWEVER, jobs are getting eliminated. Where are the new jobs being created?

  148. I respect Lance Ulanoff, But.... by NullProg · · Score: 2, Interesting

    He needs to get hit over the head with the internet Clue stick.

    Now consumers are getting their wish, and the music industry will continue to crumble.
    The sales/downloads of Guitar Hero tracks is making Activision rich. http://www.joystiq.com/2008/01/21/guitar-hero-franchise-passes-the-1b-mark/
    Notice that the top downloads do not include todays Pop or Urban Crap (oops) Rap artists.

    The RIAA/Studio over priced music model will decline. CD sales suck, not because of the DRM (that sucks too), but because the product (Music) stinks. I want to buy Lordi's CD but can't find a US seller anywhere. http://www.youtube.com/watch?v=p6VzdtmrP6Y

    When can Lordi sell me their tracks though Nintendo/Microsoft/Sony? The future will be Music tracks from Band to Fan (Me).

    Not the current model of Band, Expensive Studio, Distribution Conglomerate, Store to Fan tracks.

    Enjoy,

    --
    It's just the normal noises in here.
  149. recession by amigabill · · Score: 1

    Just keep in mind, I'm buying less music right now because the economy is in the pits and probably about to get worse, NOT because I'm copying stuff, G-darnit. We all know we'll see that reasoning coming up in the next year sometime as to why sales are down and to get DRM back.

  150. MP3s can kill resale market by javajeff · · Score: 1

    There is a used CD market, and all digital distribution can kill it if they stop making CDs. Then they can eliminate music sales that give them nothing. They need to reward people for buying music. I say they reward all mp3 album purchases with a code to get a t-shirt or other band related stuff.

    1. Re:MP3s can kill resale market by cdrguru · · Score: 1

      Are you nuts? What is the band-related T-shirt? It is an advertisement that was made by the promotion company contracted by the recording company that is marketing the recorded music from the band. The first thing that goes is the promotional dollars.

      You want to pay $50 for the T-shirt? I thought not.

      Sure, there are some bands that have shirts on Cafe Press. No, these aren't sold in bulk at concerts. Prince probably makes his own as well. Last time I went to a county fair Charlie Daniels had some shirts as well, but nobody was buying them.

  151. Re:Niggers (RE: Latin for Slashfags) by birdboy2000 · · Score: 1, Offtopic

    The derivation of a word is not the same as its meaning. For instance, the South African equivalent to "nigger" is "kaffir", an Arabic word roughly akin to "infidel" - yet when Afrikaaners used it, they certainly weren't referring to their darker-skinned countrymen's lack of faith.

  152. Huh? by tkrotchko · · Score: 2, Insightful

    Seriously, books could probably exist without user restrictions because they're still too difficult to copy.

    And ebooks don't come close to the readability, convenience, and utility of an actual book.

    And if you think you're the only reader of books, how do you explain that every mall in American has at least one bookstore, and the internet is filled with book sellers (B&N, Amazon, Caimen, Powells... the list is endless).

    I frankly see the TV Network most at risk since they seem to do their best at annoying viewers with endless commercials and taking 1/3 the screen space to remind you of the network name.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Huh? by The+One+and+Only · · Score: 1

      Books aren't worth copying if you're just one guy who wants to share his stuff over the internet, but if you're a commercial publisher and you want to undercut the publisher that's paying royalties to the author, it's very profitable to copy and reprint books. This is the original reason copyright was invented.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    2. Re:Huh? by tftp · · Score: 2, Interesting
      And ebooks don't come close to the readability, convenience, and utility of an actual book.

      This theory is not true for more and more people in the world with every passing day. It is already untrue to me. Books are large, heavy and vulnerable to damage or loss or just your normal wear & tear. Digital books are not subject to that, you can make a backup (see DRM and the whole thread) and keep the book intact in almost all circumstances. You can search in e-books; they have as much color as the author wants; the access devices can read it to you if you are not in position to read yourself. If the DRM allows, you can copy and paste quotes from an ebook without retyping and risking some unintentional misquote. Everyone on the planet has access (maybe for pay) to any e-book since storing a copy is practically zero cost to a publisher. Infinite number of copies can be made (by the copyright holder) without any drain of finite resources of the planet. Paper is not free, far from it; paper mills are polluting environment and eating trees. Paper books are also not interactive, you can't download a corrected version - and all books have errors. E-books also allow you to add comments to the content without damaging the book itself.

      As far as I know, the old school still maintains that reading on paper is easier. Well, if it's easier for them then they are welcome to keep reading on dead trees. For me it is just as easy to read on an LCD. Resolution of modern LCD is good enough for any reading I ever do. Add anti-aliasing and hardly anyone with a normal eyesight can tell a difference; it may even be easier to read on a common LCD as opposed to some junk paper that they tend to use in paperback books. Lighting is also important; it is sure easy to read a font printed on a 2,000 dpi printer on a perfect paper, in perfect daylight. But reading a newspaper in a typical room, printed on a worst paper ever, with ink that smears on your fingers, illuminated by a light that is somewhere on the wall - this is not a good reading environment. In such a case (of which I believe there are plenty) a good reader with controlled brightness of the screen, guaranteed no-smear ink, nice smooth font will easily exceed paper in usability.

      This is one of the strong points of the OLPC initiative, by the way. It is very difficult to distribute tens of millions of textbooks to children every year (just as difficult as to collect the previous year's undamaged books from them.) And if you want to study something else, above and beyond the standard course, forget it - the student may never find the right book if the nearest library is 1000 miles away (or only 100 miles, but without a car and fuel it might be on the Moon with the same effect.) Many countries have more than one language, and that is another level of the problem with paper books - you never know where they are needed and how many. Electronic textbooks can be distributed for free to anyone who wants them, and there is no incremental cost per copy, and there are no "unsold copies" to be disposed of. Any country who buys OLPC can afford electronic textbooks.

  153. Re:I completely agree; a DRM-free MP3 file ruined by Anonymous Coward · · Score: 0

    the dead nuns are waiting for me in heaven with baseball bats

    Don't worry, you're going to Hell.

  154. Re:idiot? not so fast... by Vexorian · · Score: 1

    Sorry but the music industry has for long wanted to make this into an "us vs. them" deal, they didn't want to care about consumers and now it just wouldn't make sense to expect us to care about them regardless of any "jobs are getting eliminated" extortion . They did not need any artificial copy protection back in the tape era, I am still unable to understand why they need it now, afaik copying a tape was a process faster than downloading a DVD, but hey, that's just me...

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  155. No, you don't understand music by Anonymous Coward · · Score: 3, Insightful

    "Your idea of music 'authenticity' (i.e. bands who can play instruments well on stage) is confusing music and sport"

    Real music is a living breathing thing. It's people next to other people creating something right in front of you.

    I don't mean in a concert hall, either. I'm talking about how most of us musicians got started. Playing in the local bar for $75 for 5 guys for 4 hours. It's about emotion, it's about a moment in time. Music in that setting *moves* people. A person playing Mozart sonatas live is riveting. On a CD, it's... nice. Chicago style polkas make you get up and dance *even if you hate polkas*. A smaltzy singer on the radio... wow... in person, you *get* it.

    Yeah, you can make interesting sounds with synth and a sequencer and a recorder, and it's good, and entertaining, but people who just listening to music on CD's or their iPod and missing 3/4's of what music is all about.

    Get up and dance. Move around. Laugh and cry with other people, marvel at a group of guys creating right there in front of you.
    If you think that's sport, then you've probably never played sports or made music.

    Now I understand why my daughter's age group would prefer a DJ to a live band.

  156. Why should I buy music? by HockeyPuck · · Score: 1

    So let's say the music industry only sells uncrackable, draconian DRM protected music, such that it's impossible to make copies of it, pass it to your friends etc... This would force me to buy my music from them if I want it in any decent quality. Sure you could put a mic infront of your speakers, but it wouldn't sound good.

    Without DRM, I could get high quality copies of the music from friends/bittorrent etc. Why would I then want to pay for the music, when I can get it for free?

    If musicians want my money, tour.

  157. Higher charges for DRM-free content by jesterzog · · Score: 1

    Removing DRM from music essentially makes it more valuable (which is why iTunes decided to charge more for it than music with DRM) and will improve profits of music without DRM.

    Incidentally the whole iTunes-double-charging thing is absurd. It shouldn't be necessary for a consumer to pay extra to get rights that they're legally supposed to have anyway.

    Consumer rights provided that are provided for by copyright law are legal rights, not luxuries that are allowed to be charged for. If it's so easy for consumers to assert these rights with DRM content then the DRM-free content shouldn't be in demand for any legal use, in which case Apple is openly assisting copyright infringement, which amounts to breaking the law.

    Presumably Apple is not trying to assist people with copyright infringement, which basically means that Apple is forcing people to pay extra money to for the ability to assert their legal rights. Surely this is also illegal, isn't it?

  158. Isn't it obvious? by ihummel · · Score: 1

    This inane column was published purely to stir up controversy and thus direct tens if not hundreds of thousands of angry geeks to their website, thus increasing their ad revenue. As the old saying goes, "All publicity is good publicity."

  159. TFA has it backwards... by Anonymous Coward · · Score: 0

    From TFA: "Now we're acutely aware that we really do not own any of the content we consume. We access or play an instance of it, but ownership lies really with the creators or, if they signed the rights away, to the media conglomerate that sold the right to consume it--on a limited basis--to you."

    The author has it completely backwards. IANAL, but none of the changes made to Copyright in recent times have changed the fundamental ownership of copyrighted materials. You still own every CD, book, and other media that you legally bought. You don't own just the media, but you also own that *one* individual copy of the copyrighted materials that has been encoded on the media. (This should be obvious... some people say that you're only buying the media, but why would anyone pay $10 for a CD if they could simply buy a blank CD for pennies? Clearly there's more to it than owning the media!) And you actually OWN that copy too, not merely some "license" (limited or otherwise) to read/consume/use it. There is nothing in Copyright law that even mentions "licensing" at all. (Licensing is only a recent fiction from the software industry that software is "licensed" and not "sold".) The Doctrine of First Sale clearly states that buying copyrighted materials are sales, not licenses. And Copyright law is also careful to use the word "copyright holder" and not "owner" because they are often two different people: You own your CD and you own the recorded data on the CD, but you may not hold the copyright to the recorded data.

    The copyright industry tries to make you assume that they own complete rights to control the media, except for what they explicitly allow you to do under some "license". (i.e. for you, everything is restricted except for a few permissive items)

    The truth is that you are free to do anything you want with the things you own, except the limited number of things that the law reserves to the copyright holder. (i.e. for you, everything is allowed, except for a few restricted items)

    The only time you need permission from the copyright holder is to do something that Copyright law explicitly reserves for the copyright holder, such as distributing copies, public performances, or making a derivative work. And even then, copyright law doesn't give the copyright holder complete control over these few, reserved actions (see the Doctrine of Fair Use.) For example, privately reading a book or listening to a song isn't something that is reserved for the copyright holder. Remember, its a "copy" right, not a "use" right.

    The waters are muddied in the software industry because they have had some success in getting the courts to assume that a click-through EULA is legal assent, but there is no any EULA for most other types of copyrighted works.

    The notion that you might "own" something but have some restrictions should not surprise anyone. For example, gambling is heavily regulated in most parts of the USA. Just because you own a home and the piece of land upon which it is built does not give you the right to set up a casino. You could (in some cases) purchase a permit from the state to legally run a casino on your land. But the restriction on gambling is one of several special cases-- you are generally allowed to do anything in your home that doesn't violate the law. A similar situation applies to your ownership of copyrighted materials. There's a very small set of things that you are restricted from doing unless you're the copyright holder. But aside from this small set of items, you are free to use your materials however you wish. And privately reading/viewing/listening/using your legally purchased copyrighted materials is a right YOU have as the owner of those materials, not a right reserved or controlled by the copyright holder.

  160. -1, Flamebait by Lewrker · · Score: 0

    Please. How many times have we had the DRM discussion. Does Zonk work for the MAFIAA or is he THAT cynical ?

  161. Welcome to the future crash by lennier · · Score: 1

    Restated: "Giving up monopolistic rents as the fundamental driver of wealth creation and removing tariffs and subsidies are not rational ideas in a free market economy."

    The scary thing is I think he's right. The Western world now has invested far too much of its economy in producing *information* rather than material goods, and outsourced the production of actual goods to artifically cheap regimes with lower worker protection standards.

    The Apple iMac has proudly written on its side 'Designed by Apple in California. Manufactured in China.'

    But the marginal value of those 'design' and 'branding' services which are now the cornerstones of the US economy is, like music, zero.

    This is not sustainable. It's not just the music industry that will crash when reality catches up to the 'information economy'. It will be the entire global market economy.

    *Markets* fundamentally only work when you're *trading* goods and services: one rare, excludable product for another. The production of information might be a service; the information itself certainly isn't a good, in any physical sense. Nothing actually 'changes hands' when I 'sell' you a 'license' to a piece of information; the universe does not natively respect or enforce any spatial concept of 'location' or 'possession' of information as it does for physical property. But if I *give* you information, now we both have it; I'm no richer, so I don't make a profit, but neither am I no poorer; but you're richer by the value of the information. I can't make *myself* rich by producing information, but I can make *others* rich.

    It's a weird kind of mutated Prisoner's Dilemma, and that's going to play havoc with Economics 101.

    The interesting thing is that it's not just information which plays by this weird rule. A whole lot of social goods work like this too - as does the environment. We have to find ways of supporting those creative forces which can't be accounted for by markets, and music is just the start of this change.

    We must love one another, or die.

    --
    You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  162. Copyright holders awake! by gondwannabe · · Score: 1
    Perhaps contracted artists, management companies, labels and clearing houses are obsolete? The real economy around music is becoming centered around instant availability and infinite choice. In the short term, this looks like piracy.

    Disintermediation (artist-to-consumer) is one obvious response. Copyright holders should be racing to digitise and commoditise their entire back libraries - more than 90% is either unavailable or low-quality rip. Look at the 'box set' tv pheonomena. People will happily pay for old TV shows but you have to provide value - and it's almost all profit for the owners.

    If the labels and studios had any imagination - they'd be trying to flood the market before the opportunity gets swallowed by the coming bandwidth.

    --
    Guns don't kill people, bullets kill people!
  163. Hey RIAA!! - I don't buy music I don't like by LinuxLuver · · Score: 1

    I have two daughters in their late teens and I'm just hsy of 50. We have at least one thing in common: We don't like most of the music now on offer. So why would be buy it? We have bought fewer records this year than any other BECAUSE we just don't like it. As those baby boombers age and the young folks find little - as a group - that attracts them in large numbers, sales certainly WILL fall. I'm not saying there is no good music. I'm saying that the proportion is so low we / I can't be bothered listening to the radio or wading through the TV music videos to find the few bits we do like. Hip hop? Just another vid with writhing female dancers (better with the sound off) while the men slope around looking stupid and sounding like monosyllabic dolts. Pay for that? Why?

    --
    Only boring people are ever bored.
  164. Re:idiot? not so fast... by sneakyimp · · Score: 1

    I agree that RIAA's methods suck and that music industry is full of scumbags but that's pretty insular thinking on your part and wrong on several points: 1) It's just plain wrong to suggest that the music biz in its entirety doesn't care about consumers. Without consumers the music biz wouldn't exist in the first place. A more nuanced argument would suggest they don't care for consumers who rampantly share their purchases with friends in lossless format while at the same time loving those idiots who purchase ringtones of any kind. Your assertion that the industry has been itching to screw us sounds pretty paranoid to me.
    2) Complaining that "jobs are getting eliminated" is not extortion. Whining? Maybe. But not extortion. It *is* a relevant fact.
    3) You reference an earlier era where copies were not IDENTICAL IN EVERY WAY to the original. Generation loss is perhaps a 'natural' form of copy protection but might be cynically deemed planned obsolescence. To argue that they "didn't need" this protection is begging the question in our current discussion. You say there's no need for DRM. I'm arguing that we just might need some level of DRM even if it's just generation loss.
    4) The speed of tape vs. dvd downloading copying depends on several factors: tape length, tape copy mechanism, bandwith of network connection, etc. If you have a 100Mbps internet connection like you might at M.I.T or something, you can download 4.7GB in 6 and a half minutes. Copying a VHS tape requires maybe 1/3 of the running length of the movie if you have a high-speed copier and will look *horrible*. Most importantly what you said contributes nothing to the discussion at hand. You hate the music biz? Fine! You won't be upset then when it dries up and all you get is home-made roadhouse blues (or some guy playing pachelbel's canon on guitar) on youtube. The question at hand is "What sort of economic model replaces the existing one in the music industry". Some of us worry that when it's trivial to share music, then everyone gets it for free and no one pays for it and there will be no money made to make more music and what will happen is a general whithering of music in general. Yes the way I just expressed it sounds ridiculous and impossible but what doesn't sound so ridiculous is wondering if EMI and Universal music, etc. are gone, who else can afford to buy or use a Neve 88D? You might argue that the motion picture industry will still need them but movies are facing the same fate as music. It's just a matter of time. Does this mean everything is going to be recorded on some cheap ass tascam hard disk recorder? Who's gonna pay for artists to go in the studio for six months like Pink Floyd did for Dark Side of the Moon? OK fine you hate Dark Side of the Moon? Then go and listen to all those Korn and Linkin' Park ripoffs out there producing their own garbage music and giving it away for free./p I know I sound like a music biz apologist here but I'm not. I just want to see what comes next. Also, I'm sincerely concerned about the demise of an entire industry. I don't even watch TV but the writer's strike here in LA has had an impact on everbody: waiters, actors, web designers, software developers, etc. If the music industry evaporates, then everyone who serves the music industry will be out of work. And after the music industry, it's the movie and TV industries. And after them, it's all digitizable intellectual property. The U.S. manafacturing segment is in decline and we are increasingly a service economy. Let's hope we don't all end up working at Starbucks slinging coffee.

  165. 20th Century Mentality by NicknamesAreStupid · · Score: 1

    DRM was a waste of talent. Rather than trying to use right management to protect a fossil, it should have been applied to making the content more dynamic and better suited to its venue. It is ironic that the industry has done so much to refine the sound -- tweaking Britney's voice to be on key, acoustically adjusting accompaniments dynamically in live performances - making it sound right wherever it was performed, and now they sit there and let the opportunity to customize every song fade to silence. The future of music is making every performance unique. Do that, and you don't need to protect against copying anymore than groceries worry about selling old bread. And why should a movie play out the same way every time? Not just a different ending, but different perspectives and varying dialog. In the 20th Century, that was damn near impossible to do with film and mag tape. Now it is just more work, but not really any harder than writing this DRM shit. Eventually someone will break new ground by doing this, and a new business model will emerge.

  166. Stop and think about it. by cyberjock1980 · · Score: 1

    Most of us believe that removing DRM from music is better than any DRM system that could be thought up. We told them how stupid it was when they decided to go with DRM. My opinion of the this is something like this:

    Dear RIAA,

    We told you not to do it and you did it anyway. It's YOUR baby. It's a teenager now and it's pissed off at the world. You made it, you deal with it.

    Sincerely,

    Slashdot.org

  167. I've never found iTunes all that draconian. by Calledor · · Score: 1

    But I do own an iPod. Before that though I burned cd's with music and ripped them fine, but I forget how long ago that was. It's a marginal convenience at times, but now that I am in Japan it's really nice, the only really annoying thing from an international perspective is that they still attempt regionalization. Don't get me started on video game downloads outside of the US or DVD player regionalization. It's all fucked up.

  168. good music == more $$ by noiseusse · · Score: 0

    Call me crazy/naive/unsophisticated but maybe the tanking monolith called the music industry is failing for the simple reason that they are trying to sell shitty music. More and more dollars are going to small indie labels. Most of them don't give their music away for free. They just sell music that people want to hear.

  169. I want to pay for the content, let me please! by Vadim+Makarov · · Score: 1

    Please, please, please, studios, set up credit card accounts or PayPal accounts where I can send payments for the movies I have viewed. (The same plea would apply to music groups, but I personally don't listen to music too much). Disney/Pixar, please, where I can enter my CC number for Ratatoulle, Fantasia 2000 i have enjoyed, and your other recent films I will probably watch. You can have my $2-$6 per title, or whatever average revenue per viewer the studio expects to get after it has been released on discs and TV. Major Hollywood studios, please, where I can send you payment for the recent flicks I have watched on my computer last year?

    I do not need fucking distribution channels, retailers, middlemen, factories, hardware manufacturers, web services. I do not often go to the cinema. I do not want you to deliver me the movie. I can download it myself from peer-to-peer, in the format I want, with the language options I want, whenever I want without a long waiting time, all at my convenience and a couple mouse clicks, sitting in the armchair, using the standard office PC with no special hardware. Your administrative and distribution costs with me as a customer are essentially zero. I just want to pay those who create the movie, OK? You have 10 (ten) minutes of my time after the end of the movie. This is plenty to accept the CC payment. It would be helpful of course if you include the reminder and URL in the closing movie titles, but ultimately I can live without this if the payment place is well known (a single payment-accepting web site administered by the MPAA, perhaps?).

    And, while we are at it, stop harassing The Pirate Bay. This is the single best place to find interesting video content and get it, period. It is head and shoulders above all the previous inventions.

    --
    17779 eligible voters in a district, 17779 'vote' as one. This is Russia.
  170. Down with the music companies by Anonymous Coward · · Score: 0

    Music companies and their associated distribution and publishing corporations have only ever been the middle man. They were born with the advent of the record and now that physical media is no longer needed they should go away too.

    Did Mozart, Beethoven or Bach require an agent, publicist and music company? No. They used sponsors (aficionados) to find and fund their music.
    Perhaps this is where the digital age is really heading: if you want to make money, you put up a PayPal button on your website, or ask for donations (just like Radiohead did).

    Screw DRM.

  171. Blinders by warren_spencer_1977 · · Score: 1

    Some Big-Wigs just don't get it. It's not that their music has been stolen, thereby disappearing the corresponding dollars. It's much more a case of the free/cheap/new/independent sources of music on the internet offering a better cost/benefit ratio than their previous 1-good-apple-in-a-bag-of-twelve deal. They haven't been ripped off - they're becoming irrelevant. Their misfortune is a direct product of their own greed, so shy of a deaf granny or disabled teen-ager here and there, they have no one to sue. Any money fountain attracts nasty people - let 'em cry, let 'em rot.

  172. tl;dr... but a counterexample nonetheless by KingSkippus · · Score: 1

    OK, here's the REALITY.. a perfectly everyday sequence of events:

    1) Someone buys band XXX's CD
    2) They rip it and put it on PirateBay

    Frankly, you almost lost me right there. Normal people do not rip CDs and put them on the Pirate Bay.

    Now are you really going to suggest that a DRM free version on iTunes will CHANGE the dynamics of this very real scenario?

    ...But I did get one more sentence in before deciding this was a waste of my time.

    Yeah, as a matter of fact, I do. How long do you think it will be before we start seeing a glut of applications that will sync up your DRMless iTunes music library with any iPod, whether it's yours or someone else's? Hell, there's probably already something out there. Or an application that will allow you to copy the DRMless files off of your iPod to anyone else's computer and play them?

    Hell, with DRMless music, I don't have to go to the Pirate Bay any more. I can just go over to a couple of my buddies' houses, and I'm good to go.

    But like I said, I think the net result is that we'll all be buying more music, not less, even if we copy songs from each other.

    As for the rest of your message, try to be shorter and more on point next time. I just glanced up and your last sentence—something about DRM being responsible for manufacturing jobs going overseas?—and I don't have time for this foolishness.

    1. Re:tl;dr... but a counterexample nonetheless by Sleepy · · Score: 1

      >>1) Someone buys band XXX's CD
      >>2) They rip it and put it on PirateBay

      >Frankly, you almost lost me right there. Normal people do not rip CDs and put them on the Pirate Bay.

      Hmm. I agree: normal people do not rip CDs and put them on TPB.
      You seem to be implying that the word I used is 'Everyone', when I used the word 'Someone'.

      >>Now are you really going to suggest that a DRM free version on iTunes will CHANGE the dynamics of this very real scenario?
      >Yeah, as a matter of fact, I do. How long do you think it will be before we start seeing a glut of applications that will sync up your DRMless iTunes music library with any iPod

      How long? I dunno.. since day one?
      EVERY application can sync DRMless music libraries with "any" iPod.
      iTunes will even rip your CD's into DRM free AAC or MP3.

      Reading your above 2 'points'... try posting in your native language next time. These words you use do not mean what you think they do.

      >Hell, with DRMless music, I don't have to go to the Pirate Bay any more. I can just go over to a couple of my buddies' houses, and I'm good to go.

      Support the politics of DRM, then pirate music at your friends? That's funny... just a tad hypercritical AND a complete 'follower'. How obtuse.

  173. Mod parent down by hedwards · · Score: 2, Interesting

    It's like talking to a photography student about copyright. Their position is always an outraged sense of entitlement based around how hard they studied and how much they paid to go to school. Have you any idea how much it costs to take photography seriously? I've got probably close to 3 grand in gear and expenses for my equipment, and that doesn't even include the additional probably $800 or so in extras that I could really use to do a better job of it. And that's a cheap set up. It's not uncommon for a photographer to have 50 grand in expenses before even getting off the ground.

    And that is in many respects cheap, because I didn't have to go to school. Your average photographer spends an obscene amount of money on gear, usually working around 60 hours a week, trying to make a living at it, and you're suggesting that you strip away the protection which allows these people to actually make a living at this. There's often times travel money involved and money spent making sure that the copyrights are being respected so that there's return on investment. Advertising, accounting, image management and careful study to keep ahead of the competition. It really isn't a glamorous field to be in, and definitely not posh.

    It's all well and good to say that copyrights are evil, or that it's an entitlement, but ultimately it's the fans of the work that suffer when the work is no longer available, or it is available in limited quantities due to some hippies wanting to free the media.

    The problem with copyright isn't that it exists, the problem is that it typically extends for too long. Allowing an artist to profit from his or her own work for life isn't an unreasonable proposition.
    1. Re:Mod parent down by Eivind · · Score: 2, Insightful

      Yeah sure. It costs less than ever before, and the price keeps falling like a lead-balloon. Same as other professions using technology, really.

      Used to be, to do even simple professional photography you needed a well-equipped darkroom, today that is replaced by a computer and professional printer. The price isn't even close, nor is the training required to use it well comparable in the least.

      The cameras too, have fallen radically in price in real terms. You get a very good DSLR camera and a basic assortment of good-quality lenses today for a single months salary.

      Let's face it, as work-equipment goes, $3 grand is a pittance, you're going to need more expensive equipment than that to be a damn taxi-driver or for opening a burger-flipping-joint...

      To be fair, I think most professional photographers will want more expensive equipment than that, but it's sufficient for starting out. If you can afford it, you'll probably WANT to spend $10 grand if you photograph mostly outdoors, and that PLUS the cost of a decent studio if you do studio-work.

      Nevertheless, today, entry into the world og high-quality photography is cheaper than it ever was. Especially when you include consumables. What did a day in the field taking 500 photos cost if you where using professional equipment 10 years ago ? What does it cost today to take 1000 photos for no other reason than to practice your art ?

      Learning the skills required is ALMOST as hard as it ever was. It is *sligthly* easier, particularily in a studio-setting because you can look at the result IMMEDIATELY, get critiques and try again. Used to be that that required a round-trip to the darkroom so feedback was a lot less immediate.

    2. Re:Mod parent down by Cederic · · Score: 1

      Allowing an artist to profit from his or her own work for life isn't an unreasonable proposition. Allowing others to copy an artists work isn't an unreasonable proposition either.

      Copyrights for a short period to permit initial commercial exploitation makes good sense. For the lifetime of the artist? No. If you want to keep earning, keep working, just like the rest of us.

  174. Who Cares? by LuYu · · Score: 1

    Now consumers are getting their wish, and the music industry will continue to crumble.

    Can anyone honestly say they care what happens to the entire music industry after all the theft they are guilty of? I mean, they have stolen everyone's money by way of charging monopoly rents, swindled tens of thousands of people out of their hard earned life savings (and even called those settlements bargains), consistently claimed that their measly copyright claims are more important than the First Amendment in the US and Free Speech world wide, and even pressured colleges and phone companies to spy on the public.

    Who in this world could be hypocritical enough to actually have sympathy for these people? If anything, people should be angry that the business executives that perpetrated all of these crimes will not spend time in prison for all the suffering and injustice they are responsible for.

    Hopefully, the MPAA and its sponsors will suffer the same fate. My fingers are certainly crossed.

    --
    All data is speech. All speech is Free.
  175. A product? by lessthan · · Score: 1
    The problem is that music isn't a product. Music is an idea. Yes, it required an extravagant amount of work to create, but you can't erase the idea of it from people's heads. I can sing the entire chorus of the "Macarena" and no one would, mercifully, hear it. It would be a recreation though, my very own "Macarena" mp3. Is the RIAA going to litigate me?

    Forgive me, if this next part is incorrect. I am basing this on my limited understanding of the art world.

    You can buy a poster of Van Gogh's "Starry Night" for about $5.00. The original is priceless. There is no real difference between the original and the replication. They still both convey the same idea. The only reason the original is priceless is because of a mythic quality. It is the "original." So, in a nutshell, it is valuable because of its bragging rights. I was going to draw a comparison from the "original" to the concert, but I realized that music is so much more than that.

    The "Starry Night" is permanent, Van Gogh is never going to paint it again. A live performance of a song is going to be different every single time. Live music is an art piece that is eternally transient. It is the difference between a butterfly and a butterfly on a pincushion. That reduces the piracy question, for me, to "Is it art or is it a product?"

    --
    Space Shuttle was a program that strapped humans to an explosion and tried to stab through the sky with fire and math
  176. bah by XiX36 · · Score: 1

    DRM is an annoyance to the casual user, anyone serious about pirating content will find a workaround. This idea that we need DRM protected content is just retarded. The falling sales of music is more due to the fact that wages have been fairly stagnate for a while now, yet cost of living has risen. Many people just do not have the disposable income anymore to be buying luxury items such as music CDs. People also would be more likely to buy a CD if they were cheaper, but for some reason the cost of a CD has not really changed since the format was first introduced, and with DRM you do not have control over how you want to play the content you just spent money on. While piracy does take a bit out of potential sales, I would argue that in general those that pirate music more buy more CDs. These people that think DRM is a solution to the music industry woes are just retarded, because between DRM annoyances, root-kits, and RIAA that seem content with suing those very people that are more likely to spend money on CDs, you have an industry in shambles and the executives at the top shouting to the world that its not their fault... I think that what is really happening is a revolution in that record companies are no longer really necessary, they just want to cling on to life as long as possible...

    --
    Insert witty sig here.
  177. Long Live Analogue Re:DRM is pointless by zIRtrON · · Score: 1

    As a species maybe we're not ready for digital.

    Vinyl is better.
    Tube amps are better.
    Television was better.

  178. Follow the money by dlim · · Score: 1

    The author of this article is an editor for PC Magazine. If you think about who has benefited most from DRM, it has been the technology and software companies that have identified and attempted to solve the problem of "protecting" copyright through software controls.

    What it has done for musicians and the record labels is caused problems for the people who do actually pay them. As for consumers, it has limited their choice in digital music retailers and players. Meanwhile, the technology companies get paid for creating more sophisticated locks and keys (and sometimes get the additional benefit of extending / maintaining their monopolies in other areas of their business). These are the companies that give PC magazine things to write about, and buy advertising. Of course the sky is falling.

    Worse yet, if you sign up for a subscription, you're saying that it's okay for the music service to wipe out your music collection if you cancel.

    eMusic - "the largest subscription-based online music store" offers over 2.5 million songs in mp3 format. They've been in business since 1998, and the labels who offer their music on the site have not gone under yet. But then maybe Lance Ulanoff isn't paying attention. (Don't tell him. His head might explode)

  179. "Illegal copying" is not just P2P by alexhmit01 · · Score: 1

    If I have DRM'd music from iTunes, I do, and my brother wants a copy, I can hand him one and authorize his computer. Is that legal? I'm pretty sure it is when my wife and I bother take copies on the iPod, or when I have my music on my laptop/desktop, but I don't know about authorizing his computer.

    What if he moves the stuff to his iPhone/iPod then de-authorizes the computer, is that still legal?

    If the stuff was not DRM'd, the authorize/deauthorize wouldn't be an issue (it's unclear if you can legally copy the stuff out of your family's world, but the authorization process certainly IMPLIES that it is okay). But maybe I buy a cool song and IM it to him.

    That's more "illegal" copying. I'm not going to go trade my iTunes songs on P2P networks, because if I'm an iTunes customer, I probably don't hang out on P2P networks. However, if I kick a song from my Library to a co-worker without screwing around with the DRM, that's "illegal" copying, but maybe introduced them to a new artist whose work they go and buy.

    Before they decided to lock things down, that's how people often got introduced to music.

    However, DRM-free music is more valuable to me (because of the ability to play a song for someone), so I'll probably buy more. That increases there revenues, but probably increases the "illegal copying." Not in the mass piracy arena, but in the casual copying.

    The music divisions forgot that they were in the business of maximizing profits, not preventing piracy. They also forgot that their customers were people that loved music, or liked certain songs. The MP3 collectors, with massive collections, we just computer geeks, not music geeks. Music geeks collect music of interest to them, computer geeks collect data. The Recording Execs got confused and lost sight of their business, which has been in a multiyear decline. Too much focus on fear, and not enough on people wanting music.

  180. As another hippie loon, may I add... by Simonetta · · Score: 2, Insightful

    As another hippie loon, may I add that the people who don't believe in copyright aren't the fucking thieves here. The media corporations who keep paying off the politicians to extend the copyright period are the fucking thieves!

      Look, if you buy something on time, you make monthly payments until the time period is up. Then the thing belongs to you and you don't have to pay any more for it. Copyright works the same way. You pay during the copyright period. After the period is up, you don't pay because the formerly copyrighted item goes into public domain. It's yours because you have finished paying for it. In the case of items in the public domain, it's not only yours, it's everyone's.

        When you pay off someone to extend the copyright period right before an item goes into to the public domain, you are stealing the public domain. You are making people pay you for things that they already own. That's fucking theft, not sharing files. Sharing files is what you do to protect the public domain from the fucking thieves that are stealing it!

        Each time that the global media corporations extend the copyright period, they are stealing the public domain.

        They are the fucking thieves, not us!

        By the way, there are no 12-year-olds on Slashdot.

    1. Re:As another hippie loon, may I add... by Captain+Splendid · · Score: 1

      By the way, there are no 12-year-olds on Slashdot.

      Physically, you're mostly right. Mentally? Another story altogether.

      --
      Linux, you magnificent bastard, I read the fucking manual!
  181. DRM is the symptom; Digital is the disease by gordguide · · Score: 1

    This is really an example of unintended consequences. The music industry has always, since it's inception, re-invented the format to prod sales. With analog formats, it worked and worked well enough that most people ended up buying the same music on more than one format.

    A nice income, if you can get it: replace a perfectly good thing by reselling the exact same product, in a different package, to the same people. The hardware manufacturers played along, as they were playing the same game, from a different place. Both prospered, to a certain extent.

    The thing was, though, that this was to a large extent, a side business. The "main" business, selling new music to music lovers, carried on as before. Today's artist has to be released on today's format. It's only when today's artist is old enough to be yesterday's format that you can re-sell his music on the new format. Naturally, yesterday's song can never be as lucrative as today's top 10 artist or song.

    So, we have a business model that supplements the main business, and generates tidy profits in the process. Who would not want to keep that cash cow going?

    And so, in the late 1970's, the CD managed to become the next incarnation of the format re-sell. By the end of the 1980's it was working as well as it ever did; in other words CDs spurred the greatest sales surge the industry had ever experienced, just like the cassette tape had spurred a similar record sales volume, just like the LP record had before that, just like the 45 single had before that.

    From the Labels' perspective, this was deja vu all over again. The model had been re-affirmed, and the next new format was already being developed to run the next incarnation of this very simple, very successful strategy.

    It was gravy sales; money that was created out of nothing, since the format push was not really essential to the music push side of it. It was a great business idea that worked, plain and simple.

    But, CDs are digital. When those sales records were being broken in the 80's, and when the early 90's brought even greater sales volumes, who would see that the whole business was already doomed, and the day the doom began was a decade earlier?

    By the dawn of the 21st century, labels found themselves being derided for being late to realize what ordinary people saw as obvious, but who could blame them? The damn thing was working one day, failing the next. It was supposed to go on forever like it had in the past. What kind of idiot would be even thinking along the lines where this is going to end suddenly?

    An analog song can be copied, and copied with very high quality. But, not instantly, and not remotely, and not with massive distribution, and not with a shipping weight that must be measured by physicists rather than spring scales or tonns of ocean displacement. It must be copied in (more or less) real time, and duplicated in (more or less) real time, and physically distributed.

    DRM has nothing to do with the problem, and nothing to do with the solution. Because the labels were so taken by surprise (as little as 10 years ago we have ... another record year for CD sales) they reacted with measures that accurately reflect their panicked state. So, they try DRM. They would, and will, try anything else they think might work, too. That includes refusing, then embracing, then who-knows-what-ing digital downloads with DRM.

    It's not just a few CDs they're panicked about. It's the whole model where the CD was supposed to be replaced by the [whatever] in, on average, every 15-20 years. That's over.

    The panic is real. They have to come up with something that can't be. And they (now) know it.

  182. And I should be worried why? by Coolhand2120 · · Score: 1

    Has the music industry ever done ANYTHING that is worthy of praise? I for one will not cry if the whole music industry collapses, it's nothing but a morally deprived shock machine that will do ANYTHING for money, and that's just Sony/BGM! The music industry quit being about the artist/music a LOOOOOONG time ago. I say let the whole shit bucket go under, it's done nothing to earn a continued existence. Maybe then we can get some decent music.

  183. 3 grand in gear? wow. big wow. by reiisi · · Score: 1

    How much do docs have to spend before they start breaking even? Hmm?

    You don't spend big money to make money unless you're making money in the money market (a market that, by rights, shouldn't exist) or the stock market. Even in the stock market, you usually start small.

    Unfortunately, every thing you can do to make a living costs a certain amount of money.

    And there are no guarantees. A doctor fixes one patient with cancer, and that patient does _not_ have to keep paying the doc forever. Nor does any other patient with cancer have to see that doc.

    Lifetime guarantees are not reasonable in any field.

    However, the present economy is seriously lacking in traditional ways to find useful and gainful employment, and I think that is the larger problem.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  184. Oh, and 3 grand is not big. by reiisi · · Score: 1

    Forgot to say that. One month's wages, more or less. It just feels big when you're starting out or in the wrong field for you.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  185. Don't say that! by reiisi · · Score: 1

    Some patronage/strong copyright nut will try to introduce legislation to require all sound systems to send their output to self-powered speakers over ethernet or something.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  186. Fewer big pop stars is fine by me. by reiisi · · Score: 2, Interesting

    Idol worship has always been a bad idea. It corrupts both the idols and the worshippers.

    Big is dead, and that is a good thing.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  187. manufacturable by reiisi · · Score: 1

    High definition is manufacturable. That's why the big companies like it.

    Human content is always going to be hit and miss.

    It's kind like the drunk looking for his wallet under the lamp post because it's dark over where he dropped it.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  188. better art by reiisi · · Score: 1

    Exposure to the real world (as in a day job) produces better, more relevant art, especially in the young artist.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  189. DRM is not a solution to office politics. by reiisi · · Score: 1

    What killed Mozart was not the inability to force people to buy his music.

    (Yeck. I mean, seriously. Think about that. Seriously. Why would a good artist want to force people to buy his or her music? That's, like, forcing people to applaud.)

    What killed him was what passed for office politics for that time and place.

    He offended somebody. Somebody decided to prevent him from making a living. He died. It was tragic, but it has nothing to do with copyrights.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  190. convenience == customers' $$$ by Anonymous Coward · · Score: 0

    convenience - that's the only thing that sells well.

  191. Crazy idea by Aggrav8d · · Score: 1

    Maybe... maybe if the music industry collapses then it will go back to being about the love and the art of music instead of the industrialization of music. Maybe the industrialization of music was a bubble doomed to pop. Maybe we'll just go back to LPs and stop cutting ourselves off from each other with those @#*($@ ipods.

  192. Nothing to pirate by ThirdPrize · · Score: 1

    Don't blame me if no one pays for it if they can get it for free. Then in a years time when all the record companies have gone bust due to lack of income, there will be nothing to pirate. Or listen to for that matter.

    --
    I have excellent Karma and I am not afraid to Troll it.
  193. Same old story by Zoxed · · Score: 3, Interesting

    When I was a lad cassette radios were the latest music technology, along with "hi-fi" centres with built in cassette recorders.
    The music industry was horrified that people could record their friends LPs onto cassettes instead of buying more LPs. They tried (and failed) to sue the manufactures for selling equipment that specifically designed to allow easy copyright infringement (LP->cassette or cassette->cassette) (OK, the quality went down a little, but most people did not care).
    They blasted us with "Home Taping is Killing Music". I, and all my friends, taped and taped, off radio, off friends LPs, off library LPs and: guess what ? Home Taping did not Kill Music. There are *still* some artists making a fortune in the music industry, many are still struggling, Pink Floyd are *still* making money off their back catalogue. The sky has not fallen !!

    1. Re:Same old story by sudden.zero · · Score: 1

      Actually, this is not the same old story for one simple reason, because back then there was not a way to instantly distribute the copy of album X, that you just made, to millions of people. In order to distribute a copy of album X to millions of people back in the day we would have had to make millions of copies. Which in turn would most likely have destroyed to original copy because the medium was not as durable as ogg\mp3\mp4\mpg\whatever is.

  194. The economy won't collapse. by Charcharodon · · Score: 0, Troll
    Here is a perfect geek example as too why it won't collapse.

    How much money did George Lucas make off of the Star Wars films directly in comparison to how much he made off of merchandicing and licensing?

    I suspect that other than the intial ticket sales money off of the first film, that the grand bulk of it did not come from direct sales of tickets or media copies of the movies.

  195. The sky is falling by Nodamnnicknamesavial · · Score: 1

    When did slashdot become a blog for retarded people living in the past? This person needs to bone up on the skism that is rights control vs free use. The US has been waaaay far to the control side for a long time mostly due to recording and movie industries doing a lot of succesful lobbying over the last decade. Now things are starting to swing a bit the other way and this dunce is panicing.

    --
    I have spoken'eth.
  196. drm by topologicalanomaly47 · · Score: 3, Insightful

    Plainly put DRM encourages piracy. It will never stop somenone from copying music and distributing it on p2p networks. But it will make people turn to pirated content.

    Oh, easy, Mr. Lance Ulanoff choose one of the following:

    1:
    - lower quality music
    - works usually in one player, on one OS
    - requires you to install crappy software, with bugs
    - one day it might stop working alltogether
    - if you change your os/pc/player - than bad luck
    - you want to listen to it in your car - yeah right
    - high priced

    2:
    - high quality (up to studio quality on some)
    - lots of formats to choose from
    - no additional software required
    - works on any os/player
    - free
    - oh, right, the fat bastards selling No. 1 payed for laws which make it illegal.

    I am sure you all will choose No. 1 so stupid *idols* and *stars* will keep having drug money and fat ceo's will keep getting richer for doing nothing.

  197. Middle-men are still there by flyingfsck · · Score: 1

    "There is little need for behemoth middle-men like music labels." No, the behemoth middle men are still there. The difference is that they are now the Telcos who provide the internet service. The people who distribute plastic discs are doomed, since the media changed.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  198. Bad money in Books ? by Eth1csGrad1ent · · Score: 1

    Not that anyone reads books anymore... Yeah... what was she thinking ? Never gonna make money that way ;-)
  199. Really that big a deal? by Helldesk+Hound · · Score: 1

    > Is the removal of restrictions from our
    > media really that big a deal?

    Yes. It is.

    DRM is all about giving someone else control over what you can do with your computer.

  200. Re:Remember when horses were the only way to trave by torpor · · Score: 1

    Both. Its easier and easier to generate content, and its easier and easier to distribute it. Why should there be false scarcities on art, when in fact anyone can make music, and anyone can listen to it?

    --
    ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
  201. Giving away for free? by WoollyMittens · · Score: 1

    "Giving up control of content and giving it away free are not rational ideas in a market economy, yet everyone's cheering." I take offense at this gross oversimplification. What gives things value in capitalism is scarcity. What is scarce about music? It used to be the little vinyl frisbees, but surely not today's bits and bytes. It's the performance that is scarce, so find a way to cash on that, instead of trying to legislate artificial scarcity. Intellectual property is a fantasy.

    1. Re:Giving away for free? by cdrguru · · Score: 1

      The scarcity is the quality - anyone can make music but only a few make music anyone wants to listen to.

      What is happening is the scarcity is being artificially removed and replaced with placing all music, good and bad, on the same level of zero cost.

      Music performance is a joke. Nobody has time to deal with concerts and without heavy promotion (by the record companies), they aren't going to exist at the same level. If they aren't playing at the neighborhood bar, nobody is going to hear about it and nobody is going to go into the battlezone that is the decaying inner city for a concert.

  202. Re:Niggers (RE: Latin for Slashfags) by somersault · · Score: 0, Offtopic

    Stupid political correctness. I find it insane that some people would find 'black person' offensive. Like if I was picking someone out in a crowd I'd use hair colour, skin colour, height, whatever, and yet sometimes find myself scared to say 'black person' because of all this political correctness bullshit. It's crazy.. over here (in the UK) schoolteachers aren't allowed to call blackboards blackboards. I have no problem with marker boards being called whiteboards, so why the big deal about blackboards? If I was black I think I'd find it more offensive that someone has taken it upon themselves to 'protect' black people from this abomination of a word, that I doubt would have been offensive to me in the first place. Anyway, rant over. I wish someone would take out those morons that keep doing the "nigger posts" and spank their asses with flaming hot pokers..

    --
    which is totally what she said
  203. It increased my music purchases by budGibson · · Score: 1

    I don't really have time to figure out bit torrent for each song. At 89 or 99 cents from Amazon, it's easier to just buy them, even whole albums. And, I don't have these silly restrictions like with itunes.

  204. Another way of looking at issue by Scott+Atkinson · · Score: 1

    Let's see if this makes sense...

    I'm an extremely heavy consumer of music - I'd guess the top one percent - and I primarily listen to jazz and classical music, though I also buy a lot of old soul and country.

    I've belonged to DRM-free eMusic for four years, and since Amazon started offering mp3s I've switched from cd buying (and iTunes) to Amazon for most of my purchases.

    Amazon's mp3s do have what amounts to a weak form of drm: the tracks are watermarked with my identity.

    It's trivially beatable, but a bit of a PITA.

    So when you combine the PITA factor with the fact that I'm invested in the music industry continuing (after all, I want to continue to be able to buy music easily) there is enough to discourage piracy from someone like me, were I so inclined.

    And I suspect that I constitute one of the most important groups of music buyers, the 'long tail' part.

    Most piracy, at this point, is aimed squarely at popular music/movies/tv, and that piracy is easily generated from cds or dvds or OTA tv. That's unaffected by DRM.

    OTOH, I live in a small town and couldn't just run down to my local Borders and buy the Modern Jazz Quartet's anthology, which I did from Amazon the other night. If I had to contend with DRM, I would have been less likely to buy the item online, and might never have bought it at all, because my mood might have changed the next day, or I might decide the $37 I spent on the mp3s was too much, or whatever.

    So in my case, losing DRM was a gain for the industry, and it's in the industry's best interest to continue to encourage me and my fellow heavy consumers.

    So: the industry can't win (or even play effectively) when it comes to stopping the piracy of very popular music, and it's a win for the industry if they put up as few roadblocks as possible for people like me.

    Scott A.

  205. I've seen less denial in drug addicts. by karlandtanya · · Score: 1
    The failure of the distributors to continue to profit is due to the fact they don't contribute anything.

    Once upon a time, a large capital investment and a large continuing expense were required to distribute recorded art.
    That's simply not the case anymore.

    File sharing software and the infrastructure provided by the internet do not "steal from" the **AA.
    They are just new and vastly more effecient distribution methods.
    In this context, distributing the old way is just wasteful.

    As the old distribution system dies, the remaining components of the arts and entertainment industry will reorganize themselves around the new system that's already in place.
    No, it's not going to be some utopia where everything costs nothing and the artists all drive Porsches.
    It'll be pretty much the same as it was before--a few rock stars make a zillion dollars, most of the artists starve, and the fans wallow in pools of crap with occasional gem here and there.
    Only distribution has changed; neither human greed nor the failure of the truly great artist to be recognized in his time.

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
  206. DRM free media by Treise · · Score: 1

    I don't see the problem. I pay for a product and should have the rights at that point to manipulate it however I wish, port it to whatever devices I want as long as I don't infringe on th ARTISTS work. However owning their cd's and producing copies or shifting it to my media players etc should never be a problem. I should have unlimited access to that media so that whenever I desire it. I can have it regardless of how many devices I own that have the copy of it. I personally don't mind the idea of paying a dollar for a song that is DRM free. As for other media ... its actually a slightly smart move only in the sense that it MIGHT stiffle pirates to actually buy the media. But a majority of pirates just do it because they fan. Free is great. And no matter what security measures you place on the media, there will always been some inquisitive mind to produce something to crack through it. So why waste time trying to secure something you already can't control.

  207. let the poor singers get poor... by Anonymous Coward · · Score: 0

    let all the musicians feel the poverty painters have felt for years.

  208. Re:BD+ has been hacked - you just don't get it by Anonymous Coward · · Score: 0

    And un like the past hackers and crackers are now smart enough NOT to publish such on say doom9's website. This gives the real pirates a forever leg up and keeps stuff free.

    It is like the hacker hacking a webpage to prove security is flawed and then later when say some page goes up thats sick or violates everyones ethical mind. It can't get hacked.

    Sept 13th 2001- Taliban news website gets hacked, response form white house "Hackers aren't terrorsts, but could you leave the site alone we want to see what they are up too." - George W. Bush

    Now wasn't that intelligent.
    All i have to also add is that watermarking and the new buzz word TPM are both DRM forms and watermarking tools have been round a lot longer then the forms of encryption that is called DRM.

    I have tons a tools that can dewatermark. I have tons a tools that can crack.
    DO you all want these published. NO prolly not. I will however say that kids will be kids and you cannot compete with a hacker whose at it 16 hrs a day versus your 9-5 , 2 breaks and a lunch familly man copper/fed.
    The equivilent would be a team of ten per hacker. And there are way more hackers then feds.
    Go focus on real crime like sick kiddy porn and gangster/terror activites.

    NO they won't do that, look at the SAC proposal to legalise p2p a measly 5$ a month to your net account, no mroe lawsuits, no more hassles and if applied ot the USA form there own words piracy costs them 6bill /year , well the model of a net levy brings them around 8bill.

    brings in 1 bill from canada. Also any artists could say enter this so called public tracker and get proportional revenue. Each net account is allowed one account.
    more then half canada is estimated to be p2p users - 2005 study sept 5.4 mill logged in to p2p, march 2006 - 9.8 milion.
    look at the increase.
    they can try the dmca style law and they better build HUGE jails oh wait, you put half your taxpayers in jail how you going to pay for it?
    to those who dont want to pay a levy
    WTF do you need a 7 megabit account for surfing webpages , checking meail and chatting.
    JUST WHO ARE YOU FOOLING.
    and so far two people out of 1000 of i have tallked to like this idea. thats 99.8% in favor
    A) DRM only drives sales down as common folk have harder time using complex technology
    B) DRM drives sales down cause people knowing its complex just dont buy tech.
    C) Culture suffers, yah lets be a rock star so i can sue my fans, or make a movie so we can sue people enjoying the film.
    D) if GM/FORD/TOYOTA/CHRYSLER sold me a car and i was not allowed to put my own steroe in it, had to ONLY drive it where they told me and in fact was not allowed to own it and had to in effect rent it only , how quick would sales drop as people just say whats differance between this and a bus?
    Oh and all the comforts and ease of use forget it, we make the car like a tin can and uncomfortable and we make it very hard to open as well, requiring you to phone the car company who will open the car by sending a representative form head office- i need groceries...

  209. No, *you* don't understand music by Anonymous Coward · · Score: 0

    Get up and dance. Move around. Laugh and cry with other people, marvel at a group of guys creating right there in front of you. ... Now I understand why my daughter's age group would prefer a DJ to a live band. Except DJs do just that (create music in front of you) and cause people to do just that (laugh/cry/dance). Don't beleive me? Check out hip-hop turntablists like Kentaro or Q-Bert or even DnB DJs like Andy C (king of the double and triple drop!). I'm sure other genres of dance music have their comparable stars.
  210. Easy assumption to come to, but wrong by The+OPTiCIAN · · Score: 1

    The economic case for copyright has never actually been made. To present it, you'd need to work out the economic activity that would occur in the world with it, and without it, and compare. There's lots of speculation along the lines of "how would blah be possible without copyright" but nothing approaching actual facts. Plenty of fantastic works were created before copyright, and many will be created after it. The trick is not to get sucked into the mental state of seeing what we have now that would be lost, but ignoring the potential that we would gain were it missing. I think the 'victims' of the removal of copyright would be only those rent seekers who up until now have done so well out of it - music industry middlemen, software monopolists, lawyers, copyright trolls. I've worked as a software developer for ten years, and copyright has not once been leveraged in a meaningful way in the numerous jobs I've been working in (nor has the assumption of it been related to the way we make money or the relationship with have with customers).

    --


    Believe with me, my saplings.
  211. Economy collapse by Anonymous Coward · · Score: 0

    The economy was collapsed with the introduction of open source, ha!!

    The economy will not collapse with the abolition of DRM and patents in the same way that not collapse with open source

    The economy that will collapse with this abolitions will be the economy of fear that reign at this time in the world

    http://www.zeitgeistmovie.com/ has a good picture about how the world function now, let's break this situation as strong as we begin to fight with the climate change

    How is possible that so many people is dieing every day in OUR world? Did you imagine that tomorrow every human in Manhattan die because Los Angeles is spending all the money in a war? This is the actual reality in OUR world

    The copyright is the way to have more money not to protect anything and open source is the proof of that

    Good luck and good job!!

  212. Exactly - freeloading fans hurt themselves too by Nerdposeur · · Score: 1

    Ultimately it's the fans of the work that suffer when the work is no longer available, or it is available in limited quantities due to some hippies wanting to free the media.

    This is dead-on. Yes, copyright should be limited in scope, and big companies abuse the heck out of it. But if there ever comes a day when nobody pays for digital works, just because they don't have to, then creating digital works will become a non-paying job.

    Forget big companies for a moment, and imagine independent films and independent musicians - that's the way things seem to be going anyway. The fact is that it takes a lot of time and skill and people and equipment to make a great movie or album. (Even books take time and skill!) If there's no money in it, even those who create purely for passion will have to start giving the bulk of their time to a job that pays.

    This means less content is made and fans suffer. If you like movies and music, and you're able to take them for free, I'd advise you to reconsider and find a way to contribute funds to the creators. Otherwise they won't be able to continue.

  213. Let's hope the RIAA dies before they flip Congress by Phoenix666 · · Score: 1

    They're trying really hard to levy a tax on all communications to replace their CD revenue stream. Let's hope they run out of bribe money before they get what they want out of Congress.

    --
    Do what you can, with what you have, where you are.
  214. Giving up control of content? by bickle · · Score: 1

    Giving up control of content? Who's doing that?

    DRM is(was?) an attempt to *take* control. Control over what you wanted to listen to and where. Before DRM, I could listen to a CD on any player. I could even loan it to a friend (*gasp!*). DRM attempts to limit that to certain machines, and by extension, to certain circumstances. DRM attempts to control your consuming habits.

    By no longer using DRM, they are ceasing to attempt to take control in this manner. Things just revert to what they were. It's a return to the normal status, not a loss of control.

    1. Re:Giving up control of content? by cdrguru · · Score: 1

      Sorry, but today "lending" music means copying it on the Internet for not just a friend or two but the planet. What, you aren't sharing? What are you, greedy or selfish? Why buy when you can just "share"?

      Today's population of music listeners have grown to expect stuff for free, and if it isn't nailed down it develops legs and walks out the door. It happens at Best Buy, and it is going to happen with anything digital that can be shared.

      Morality? I see a grab-all-you-can attitude and if you aren't grabbing you're left out.

  215. Bah by King+Gabey · · Score: 1

    Funny how removing DRM equates to giving it away for free. I've been refusing to buy any music sold by the big companies for many years now. While it's been the proverbial cutting off one's nose to spite one's face I've been happier overall. It'll be nice to buy music again, but I still have negative feelings towards the big music companies and the RIAA.

  216. Too late! by Digital_Quartz · · Score: 1

    I wholly agree. I think the music industry has dug this hole for themselves.

    If music had been available as MP3s from an online store pre-Napster, then a lot of people would probably never have bothered with Napster. Then Napster came along and it was just so convenient. People learned to use it.

    The music industry went after Napster, and then started offering their own "online store" where you could buy music you could only play on your computer, and could only transfer to certain digital players, and every now and then your license to play it might get revoked and you might loose all the music you'd paid for. In short, they built a system that was far less convenient than driving to the store and buying a CD. "Piracy" continued to prevail, not because people are bad or don't want to pay for music and support their favorite bands, but because the piracy was still way more convenient than driving to the store.

    Events like the Sony rootkit fiasco made it clear that the industry was going to do their best to make even the tried and true act of buying CDs far more complicated. You can steal the music, where there's a slim possibility you'll pick up a virus, or you can buy it, where you definitely will.

    Now the music industry is finally starting to see the light, but I fear it's likely too little, too late. Consumers have already been trained to steal the music, and to distrust the offerings from the music industry. The less-than-tech-savvy were fooled by the labels when they didn't understand what DRM was, but now they know, and convincing the masses that "It's OK to buy from iTunes now! Really, our music works with your non-iPod player," is going to be a big challenge.

    1. Re:Too late! by HiThere · · Score: 1

      The less-than-tech-savvy were fooled by the labels when they didn't understand what DRM was, but now they know, and convincing the masses that "It's OK to buy from iTunes now! Really, our music works with your non-iPod player," is going to be a big challenge. That's only one aspect. To me the question would be "How do I know it won't stop working, for reasons that are hidden from me?"

      Well, actually they've lost me as an audience. I no longer buy CDs AND I don't download. I don't even listen to my CD collection much anymore. And I don't go to movies. I WON'T pay money to the [R|M]PAA. They've corrupted congress (not difficult, admittedly) into passing laws strongly infringing on free speech. (The DMCA.) Before that they tried and failed with an even worse bill (UCITA-or-something 2B). They did get it through a couple of states (Virginia and Maryland?), though not in identical form, so the code was no longer Uniform, so they went back to congress. I can't imagine them doing sufficient good to counterbalance the evil they've done, and I don't like to support evil. So I no longer buy their merchandise.
      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  217. Music will survive by false1 · · Score: 1

    I say we're on the road to ruin.

    What do you mean we kemosabe. The record companies may be on the road to ruin but not music, music afficionados, or musicians. As long as the author is going to get all historical on us he should have told his daughter this:

    Music and musicians have existed for tens of thousands of years. Music companies about 100. Modern popular music aimed at teenagers has existed about 50. When the first recording devices were created about 100 years ago many musicians were worried. They realized that their ability to make money by performing was in jeapardy. Sure enough, in our present day, musicians are beholden to recording companies to make their money. The ability to perform is secondary to the ability to market, distribute and produce recorded product. Tough shit for them. You can't stop the tech

    As a local musician in the 70s and 80s I saw venues for live performance (the bar scene) completely dry up in favour of DJs. With the advent of rap, young folk no longer expected to see real musicians anymore. This was the logical consequence of having businessmen control an artistic endevour. The consolidation/death of the music industry as we know it is a good thing. Hopefully it will open up more venues for local talent to actually make some money without have to pay the toll at the music industry's gate.

    It wasn't the consumer's idea to digitize the recordings, create the internet, or put cd drives with ripping software in computers. The scientists and businessmen came up with that. The recording industy is going to have to deal with the realities of our modern world. if they can't deal with it then tough shit for them. You can't stop the tech.

  218. Free as in Beer? Or Free as in Speech? by GeekZilla · · Score: 1

    See http://www.gnu.org/philosophy/free-sw.html for the difference between free as in beer vs free as in speech if you're curious.

    --
    Veritas patesco per quaestio questio. Truth is revealed through questions.
  219. I hereby declare this guy full of himself... by MistrBlank · · Score: 1

    The groups of people: 1. The people that were stealing music because they don't want to pay anything will still continue to steal music. 2. The people that were stealing music because the options stank but were willing to pay for the quality or ability to play on a device of their choosing, will now have an option. 3. The people that bought music legally will continue to buy music legally, they now have What part of this new model forces more people into stealing music (group one) or makes it any more accessible than it already was?

  220. Full Circle by 615 · · Score: 1

    If the music industry collapsed tomorrow, barring the initial shockwave, what harm would it do?

    I mean, people would continue to create and perform music, and people would continue to listen to it. "Music" does not need a financial incentive to exist--and let me elaborate on that.

    First, it is no longer prohibitively expensive for individuals to produce studio-quality music. Awesome, awesome software can be had for mere hundreds of dollars. People spend thousands on hobbies (hello video games)--what's five hundred bucks to a passionate musician?

    Second, with P2P, YouTube, etc., distribution--massive distribution, to a mainstream audience--is free.

    Now, if some dude wants to quit his day job and make a living off his musical ability, well that's what touring's for. Performing live is real work, that provides a real service, that people can be expected to pay for. Also, there is money to be made producing soundtracks for movies and games, or jingles for commercials, or the Windows XP startup sound.

    "Bands" creating "albums" (or 3-minute, 32-bar "singles"), and retiring off the royalties, is not a natural process. It worked for a while, and congrats to those who caught the wave, but music, and the enjoyment thereof, is a natural process, and it will continue with or without pinstripe suits.

    Comments?

    1. Re:Full Circle by cdrguru · · Score: 1

      What you apparently don't understand is the degree to which promotional efforts run the US economy. Sure, music will get made and music will be listened to. Absolutely. But music will not be promoted.

      This means that a concert which might have been promoted by a record company will go unnoticed except by a few fans. So what, right?

      This means that the advertising agencies that are 100% supported by music promotion - because they specialize in it - will be out of business. Again, so what?

      Magazines that are "trade rags" for the music industry will disappear because there is no "industry" of recorded music. The "ratings" (such as they are) promulgated by these magazines and the other promotional spending disappear. This is probably the biggest deal because it means radio stations that exist to assemble their playlist from these ratings will be left with ... nothing.

      I'd say that certainly, music will be played and listened to. But a significant segment of the US economy will disappear, radio stations will close down and a bunch of magazines you never heard of will also disappear. End result, probably a 100,000 people or so out of work. Maybe more.

      It's bigger than the "artists" and the "record company exec's" and it has been for a long, long time. The problem is that everyone wants to focus on those people and forget about the rest. OK, let's collapse the music "industry" - just watch out because there will be some people pretty defensive about their jobs and they seem to be invisible to most people. They are going to start to get real visible, real soon.

    2. Re:Full Circle by shark72 · · Score: 1

      ""Bands" creating "albums" (or 3-minute, 32-bar "singles"), and retiring off the royalties, is not a natural process."

      It's certainly a very rare process. The vast, vast majority of people who try to make money playing music make little or no money. It's fun to point at people who've been successful as a rationale for shutting down the industry, but it's a bit like presenting Larry Ellison as a typical example of an IT worker.

      The great thing about the methods you've mentioned (self producing, self distributing, self promoting) is that they're already readily available. I don' think I've ever bought a track from somebody who produced, distributed, and promoted their own work, but perhaps one day that will change.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Full Circle by 615 · · Score: 1

      There's so much I want to say about this subject... Let me respond to two of your ideas.

      I don't think that just because an industry provides jobs, that that industry ought to exist. Broken records (er, windows) and all that... Imagine what 100,000 people could do if they weren't completely occupied with preserving their own, increasingly pointless jobs.

      Also, you mention the importance of promotion and ratings. You're right--there's just too much music in the world for me or you to sift through. However, I don't have a lot of confidence in whatever indexes the radio stations use. There's too much self-interest at that level. They promote the music that they want us to buy. Now, imagine if there was little money to be made selling a particular track or album (because the music is independently produced and the profit goes to the artist). The money, then, would be in helping people acquire the music they want to hear. And the best matching algorithm would win.

    4. Re:Full Circle by 615 · · Score: 1

      I didn't mean to imply that I think artists who make lots of money are buttholes (wah), and so the entire industry should be eliminated. I know that's a common argument, but it's not mine.

      You mentioned "buying tracks". The very idea of "buying a track" (that is, buying the right to play a song, often via a particular medium), is artificial, and just plain weird--it only seems normal.

  221. He needed lots of money to afford all those titles by Anonymous Coward · · Score: 0

    . . . Rudolf Johannes Joseph Rainier Cardinal von Habsburg-Lothringen, Archduke and Prince Imperial of Austria, Prince Royal of Hungry and Bohemia . . .

    Is that all one guy, or did you forget a few commas in there?
  222. The music bubble has burst. by Larry_Dillon · · Score: 1

    The sad truth (for musicians and record companies) is that music is over priced.

    When record companies had a collective monopoly on distribution of music, they were able to keep music prices artificially high. Now that the Internet provides a near zero cost distribution system, record companies are hard-pressed to add value (and thus price) to a comodity with a near-zero cost of reproduction.

    Expect music prices to adjust radically downward in the next decade.

    --
    Competition Good, Monopoly Bad.
    1. Re:The music bubble has burst. by foxwizard · · Score: 1

      Not to mention that there were indeed a series of four or so bubbles that made the music industry:
      - The first being the birth of Rock and the emergence of adolescent baby boomers to buy it;
      - The second being the next phase of rock coinciding with the social movements of the 1960's;
      - The third being the baby boom echo of the 1980's and the large marekt of adolescents it brought;
      - And, finally, the arrival of Compact Disc technology, which pushed everyone who wasn't buying NEW music to re-buy their OLD music on CD.

      Each bubble ended in its time, and the end of the last bubble just happened to coincide with the emergence of the internet, but the music company woes really came from a confluence of the collapse of the CD bubble, a serious decline in the quality of the music they were making available, overpriceing of their product, and the fragmentation of the market place as a smaller group of buyers splintered into fans of different genres. It was this last, the collapse of the monolithic youth market hooked on one kind of music, that has the most lasting effect.

      So, while the number of music companies has dwindled from dozens down to just three or four, and their sales have fallen due to all the above, those companies get to blame the internet and file sharing for declines in revenue that are a natural result of other market forces.

      I hate DRM, but I really think it would be unnecessary if the price was right for the product. And the music companies are just going to have to adjust their expectations downward to match the real market.

  223. Open Source Art by PingPongBoy · · Score: 1

    Hasn't digital art been practically free for at least an entire generation already? It feels like it anyways. So far, artists haven't stopped wanting to create though it would be fair to ensure that they get some recompense. There's no going back to the old days, though.

    Let's make sure that we continue to enjoy high quality digital art no matter what happens to the industry. There are many reasons. Copyrights will expire, corporates are rapists, new content always marginalizes old content anyways, etc. I propose that we start open source art content that everyone can contribute to modifying or improving until it's something really good. Someone may be good at one part of making a work, but doesn't have the talent in another part - no problem if different talent can be used to fix it up. Currently, we have some adventurous souls on YouTube, etc. to show that the desire for fame and glory exists with no need for pay. So if some of this energy is channeled into collaborative and edited output, who knows what may result.

    The warning about too many cooks must be heeded, but that's what version control is for!

    --
    Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
  224. You have a very interesting sig. by Enahs · · Score: 1

    Trying to make web browsers and traffic load lessening measures illegal by posting an asinine copyright notice in every comment you make? I guarantee you won't get me to stop using Squid quite so easily!

    Actually, I LOL'ed. Well played.

    Back on topic: I maintain that BD+ will be hacked at some point. After all, at SOME point in the chain the video has to be decrypted; whether someone will find a way to "hack" their TVs, some way past it such as hacking a BD+ software player, breaking HDCP (and stripping out whatever counts for identifying the player's unique number, so it'll not get on the revocation list), analog hole (does anyone pirating movies care about PERFECT quality?), or something as extreme as literally tearing apart a TV and getting to the innards, it'll be done. DRM is just a challenge to some.

    I fail to understand how these companies think that DRM is GOOD for business. Every time you have a disk mistakenly show up as pirated, or a customer can't play their purchased music on their portable player because it's not the RIGHT kind of portable player, is just pissing customers off and an open invitation to get past the restriction.

    I think Apple had it half-right: leave a hole for people. Burning CDs from iTunes was that hole. I can't think of one purchase I made through iTunes Music Store that I didn't immediately burn to audio CD then rip. I have not, however, made the resulting MP3s public; hey, if you want it, buy it yourself! Most people looking for music are f'in mooches anyway; why would I share?

    --
    Stating on Slashdot that I like cheese since 1997.
  225. No, this is why the music industry is crumbling by that+IT+girl · · Score: 1

    http://www.thebestpageintheuniverse.net/c.cgi?u=musicindustry

    Start with about the fifth paragraph and go down.

    Then combine that with the staggering amount of terrible, poorly written, poorly performed "music" out there promoted by the big labels, and there's no longer any mystery surrounding the demise of the industry. If they'd sign some decent artists and not try to rip their customers off, things might be a lot different.

    --
    10 FILL MUG WITH COFFEE
    20 DRINK COFFEE
    30 GOTO 10
  226. PS: Re:DRM is pointless by HiThere · · Score: 1

    P.S.:
    I intentionally didn't mention money. Money is only one component of cost, and price. Value bears no predictable relation to money.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  227. Business must adapt to change by Anonymous Coward · · Score: 0

    An "album" used to be a foreign concept before the late 60's, early 70's. It used to all be singles (main song + a "b side"). The "collection of songs as a complete work" (AKA: the Album) appeared, sold well, and thus the music industry ADAPTED to this new market and provided product people wanted.

    Now, the market is again changing, and people don't want albums so much anymore. They want lots of singles. They want variety in individual tracks, and they want to carry them around with them in a "jukebox" format. So guess what Music Industry? You must once again ADAPT rather than lament the losses. You had a clear sign as far back as 1997 of where the market would turn, but you chose to ignore and litigate. You could have built your own online digital stores, but you did not, and instead litigated. When will you wake up?

    In the photography industry, sales of 35mm film have gone down. Smart business adapted and entered into new digital photographic markets.

    If you just WHINE instead of adapting, you might as well sell off your company now. It's not going to get any better.

  228. Flatland by thtrgremlin · · Score: 1

    Why are people negotiating with the recording industry? The music industry will always be strong as long as people value culture. How that industry exists will always change the way it looks. For a brief period of time, a recording industry was born: A group of non talents that could leech money from talented people by creating distribution methods prohibitively expensive to the average band. As these magicians took all the band, they made you famous by eventually putting you and your art on tv that made them even more money. As it had been mentioned above, the recording industry is taking away the last pieces of profit on music by birthing their own talent and using technology to give the appearance of talent. Now that they have "taped into the source", they don't even need real talent to sell out for them to make big money because they already owned the music before it was created. Further, the junk they spout out can easily become "famous" because they write the news on "What's Hot!".

    The recording industry tried and has nearly killed the music industry, an industry that used to be about free speech, expression, enjoying life, and sharing sorrow. The internet is the first chance at getting that integrity back. The internet can and needs to kill the recording industry to allow the music industry to come back. Music industry will be strong when artists can be completely independent and are no longer tempted to buy into the pyramid scheme that has for so long been damaging to our culture. The days of packaging information into virtual units and selling them for money is ending.

    ALL music should be free for distribution across the internet and it would be in bands best interest to make it happen. Popularity would rise from real talent, and not what the recording industry tells us is hot. The only fair restrictions should be to protect consumers as trade mark law intended. The only "DRM" that should exist would be one that allows a consumer to authenticate music, the same way RSA is used to authenticate transmissions. Watermark digital content to artists are certain to be recognized for their own work, and not renamed by some DJ or cover band. The demand for live concerts would swarm, just as it has in Brazil where "piracy" has birthed a previously non-existent music industry that is only getting stronger. Music will return to the way it was meant to be with live concerts, and t-shirts. CD's would be sold as a luxury item for $3-5 where all the money goes to the musicians, and you have shown your appreciation for the band. Piracy of these albums and their cover art would make no sense when the music is already freely available.

    Free Culture will kill the economy and destroy profits for: No talent hacks, shady middlemen, distribution cartels, lip syncers, talent scouts, concert promoters, music 'stores', or any other person that has made a living exploiting musicians. Oh how will our economy ever survive? Is our economy so dependent on crooks that if we took them out it would collapse? How sick would that be if it were the truth? and if true, I think it is time for that change to take place. Oh god, it would be like... talented artists would be making money from their art... and fans would rejoice in music!

    And while it is still only hope, I look forward to seeing the RIAA dying the horrible flaming irritable bowel syndrome death they deserve on March 25 when EMI will do what it should have done years ago.

    --
    Want Big Business out of government? Take away the incentive and start by getting government out of big business!
  229. DRM isn't pointless... by big_paul76 · · Score: 1

    At least from the label's point of view. But it's not about stopping piracy, it's about control.

    At some point, the record labels realized that it's easier to be profitable by controlling the distribution channels than it is to find sign, and nurture actual talented artists. Oh, and as a side benefit, that way, you can rip off your artists. If you're the only game in town, it doesn't matter if the game is crooked, people will have to sign with you.

    This point is the elephant in the room when talking about music and copyright (which IMO is distinctly different from issues around the MPAA and piracy).

    Ever notice that (as someone above articulated nicely) it seems like the music labels would prefer 500 million in sales and moderate piracy to 2 billion in sales and rampant piracy? Some might attribute this to incompetence or a lack of understanding of modern technology, but I don't think that's true.

    Since they've built their model on control of the distribution channels, if they lose that, then they're not the only game in town anymore.

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
  230. sdgsdfg by Anonymous Coward · · Score: 0

    I won't consider buying musics that are not drm free lol