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$5 Per Month Fee Proposed For Legal Music P2P

sneakyimp writes "Both Wired and Ars Technica have reports on Jim Griffin's proposal that ISPs charge each broadband customer $5 per month to subsidize the ailing music industry. The resulting fund would ostensibly 'compensate songwriters, performers, publishers and music labels.' Although no specific version of the proposal has been referenced, a number of controversies are inherent to the plan: How is the money really divided? What happens when the MPAA, the Business Software Alliance, and various other industry groups want their own surcharge added? What about the supposed majority of broadband customers who never download illegal music? Griffin discussed the plan further at SXSW . We've previously discussed a similar proposal from the Songwriters Association of Canada.

28 of 528 comments (clear)

  1. Stupid. by n6kuy · · Score: 5, Interesting

    Presumes you're a criminal otherwise.
    And by paying it, you admit it.

    --
    If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
    1. Re:Stupid. by jsepeta · · Score: 2, Interesting

      fuck the industry. we still pay a surcharge on blank cd media thanks to president george h. w. bush's great plan, even though i mostly put computer data or my own damned songs on cd's. if the industry wants to see better sales, why don't they fix commercial radio which has sucked hard for at least 20 years? or have mtv start showing music videos again for christ's sake. the big labels should stop calling everyone in america a pirate and take responsibility for all the crappy music they've foisted upon us. hooyah!

      --
      Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
    2. Re:Stupid. by Nethemas+the+Great · · Score: 3, Interesting

      And I thought the Mafia's "protection" money was a sweet deal. Now we don't even get to be protected for our dime. Maybe the SCO should add this to their business model...

      --
      Two of my imaginary friends reproduced once ... with negative results.
    3. Re:Stupid. by zenkonami · · Score: 2, Interesting

      otherwise let the free enterprise system work the way its supposed to. Except it's not working the way it's supposed to. People are exercising rights they do not have in copying-and-distributing works they do not have such rights for. You can make copies for yourself, as backups, or for private use, but you do not have the right do redistribute those copies...hence the term, "copyright." We can get all semantic about the relevance and history of copyright, but that's where the notion currently stands. This unauthorized distribution is denying artists and writers of fair compensation. For those that say, "I wouldn't buy it anyway," why the hell did you download it? Short of "research", I can think of no reasonable excuse that does not somehow consist of personal entertainment, or some use of the work for personal profit.

      Remember, it's not the copy that's the commodity here. It's the music itself that people desire. The fact that it's just a bunch of easily duplicable ones and zeros is irrelevant. Music itself is just a pattern of waves over air. That people derive satisfaction from it is good reason for the artist / writers to receive compensation for it if they so desire.

      Of course, this entire argument is complicated by the fact that the RIAA is a demonic monster, completely uninterested in the welfare of it's constituent's artists and writers. I have no sympathy for their position. I do however sympathize with many of the indy labels that are trying to do different things to get their artists and writers, as well as themselves, compensated for their time, effort, energy and creativity. Frankly, the RIAA is ruining the pudding for everyone.

      The industry has no right to survive, just an obligation to provide something 'we' like to ensure their survival, exactly the same as my customers Poster is correct on this point, of course. The record industry has about as much right to survive as the salt industry of ancient times, the weapons "industry" of the medieval era, or the horse and buggy industry at the advent of the automobile. The customer should be the one dictating whether or not the industry is allowed to continue, not the supplier by way of extortion. Of course, those unauthorized persons who copy-and-distribute or accept such material without compensating the originators of the work are not customers. They are merely unleashing their own style of extortion...by denying fair compensation. They can have their free lunch, but the nature and quality of the work will eventually change if that model continues. I, for one, prefer to support the creators of music I enjoy by (voluntarily) providing them with compensation. If that model dies, then I will have been in the minority. Damn the RIAA for unwittingly contributing to the very model they are trying to destroy...and destroying the very model they think they are defending.
      --

      Do You Experiment?
    4. Re:Stupid. by IndustrialComplex · · Score: 2, Interesting

      Of course, one could always wonder if Bob Dylan would have been so famous had he been the only performer of his songs. When a majority of the music that you write is 'known' as works by other performers (Joan Baez, Jimi Hendrix, etc) you have to admit that there is more than a minor amount of credit due the performer.

      Though in contrast, most historical works are known by the writer (Mozart, Bach, etc)

      Perhaps the only thing that changed now is how we are introduced to the music. Before recorded sound, the name of the writer was of utmost importance, now, the name of the performer. I suppose it is because we now have something to compare one performance to another without having to travel across countries and listen to different orchestras.

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      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    5. Re:Stupid. by Joce640k · · Score: 2, Interesting

      I don't think there a fair way to divide up the money.

      I download mostly obscure/old music. I'd hate to think that Britney was getting my money instead of the actual performers.

      --
      No sig today...
  2. Distribution by EEPROMS · · Score: 3, Interesting

    Or the record industry could stop living in the past and have modern cost effective (fair) distribution model that makes sense to modern internet users.

    1. Re:Distribution by EEPROMS · · Score: 2, Interesting

      Free doesn't mean "fair" (unless you like getting paid $00.00 for your time). Artists are already getting screwed by by the record industry without consumers adding to the fire. What Im looking at is a distribution system were artists and consumers don't get screwed and it isn't very expensive (iTunes fails on these two points accept ease of use).

    2. Re:Distribution by icebike · · Score: 5, Interesting

      > This actually seems like a modern, cost effective and fair distribution model to me.
      > Out of curiosity, what about it doesn't meet that criteria?

      How about the bit where they have no content I am interested in, but I still have to pay?
      How about the bit that a private group now gains the right to tax all broadband users just
          on a suspicion that they might some day download something?

      You MIGHT transport my stolen lawn sculptures in your car. Therefore, I want the right to be paid
        $2.35 for all users of the public roadways. Now can you see the problem?

      Somebody mod parent Troll.

      --
      Sig Battery depleted. Reverting to safe mode.
  3. Like a tax... by lastomega7 · · Score: 2, Interesting

    ...to support illegally download music?

  4. Be sure to write Jim G. a note! by sneakyimp · · Score: 2, Interesting

    For anyone who's interested, I've posted my correspondence with Jim. He definitely seems to be a lobbyist of some kind. He doesn't address the issues, he just doles out some rhetoric.

  5. Solution by QuickFox · · Score: 4, Interesting

    The solution:

    -- There should be a license that you pay for only if you're interested, and if you pay this license you're allowed to download music.

    By subscribing to the license, you make a legally binding promise to follow certain simple rules that apply for this license.

    -- If you also want to make music available for others to download, you indicate this when you subscribe to the license. This again involves a legally binding promise to follow rules that apply for this kind of license.

    -- When you make music available for others to download, you must use software that is approved for this purpose. Getting such software approved should be very easy, because the requirements are simple.

    One requirement is that this software record and report statistics about how many times each song is downloaded. The money from the license fees gets distributed to artists and music companies based on these statistics.

    Another requirement on this software is that it make an automatic check that the software that requests the download displays a currently valid license.

    With this scheme, regular Joes who provide music for others have no economic incentive to trick the system. That's important. It means that lots of software can be easily approved.

    Music companies do have an incentive to trick the system, so as to inflate their own statistics. Checks against this will be needed. In addition, because of this, the statistics should probably be arranged in such a way that any number of downloads from the same license counts as a single download.

    --
    Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
  6. Re:I wonder what.... by Bob9113 · · Score: 4, Interesting

    I wonder what would happen if someone figured out how to torrent a car.

    We are laying the legal groundwork for that problem right now (albeit unknowingly). With nanomachines on the horizon, it won't be more than 50 years till you will have access to a formulator capable of replicating a car. But someone will still have to design the car in the first place. We will be up against the exact same problems we are now with music. People will be trading atom-level model files for Ferraris over the intarwebs. Toss in your old car, a design file, and a whole lot of power (assuming we haven't hit, or have solved, the peak oil problem by then), and you get a new car.

    It will be the end of natural scarcity of manufactured goods, but not the end of scarcity of energy, good design, or the rarer raw materials. While I loathe the current state of Intellectual Monopoly law, it will be necessary to continue to compensate creators (not necessarily labels) for their work, and the fields where the cost of design can be hidden in the price of the manufactured good will dwindle.

    The laws that will protect cars 50 years from now are the laws we are using today to attempt to protect music. Maybe cops will ask for "License, registration, and proof of designer royalty payment, please?"

    But then, we'll probably just be the computers' pets by then anyway, so no need to worry.

  7. $5? I'd go for it by the+eric+conspiracy · · Score: 2, Interesting


    If the music I wanted was freely and legally available for download from the internet in lossless un-DRMed form I'd be perfectly willing to sell out $5 per month for access to this music. I currently spend about 10 times that per month for my music acquisitions.

  8. Re:This is ridiculous. by TubeSteak · · Score: 4, Interesting

    Totally agree. Right now I don't spend near $5 a month on recorded music(unless satellite radio counts), but I'd be glad to to know that I could grab what I wanted to without getting sued. Would you be willing to spend $5 a month to join a Copyright Infringement insurance pool? You pay up front (less than $60) and in return the insurance will cover negotiation & settlement for 1 year.

    If you know how many people the **AA has sued so far, it shouldn't be that hard to figure out how many people would need to sign up (and which would need to be excluded) to make the running of such an insurance pool a profitable venture.
    --
    [Fuck Beta]
    o0t!
  9. Re:$4.99 for RIAA by Bieeanda · · Score: 2, Interesting

    Exactly. This is 100% about getting broadband customers to subsidize their fucking war chest.

  10. Re:This is ridiculous. by JonathanR · · Score: 2, Interesting

    Would you be willing to spend $5 a month to join a Copyright Infringement insurance pool? You pay up front (less than $60) and in return the insurance will cover negotiation & settlement for 1 year. Better still, use the money to buy some more reasonable copyright legislation from Congress.
  11. And I would pay for that. by SanityInAnarchy · · Score: 5, Interesting

    Just some clarification: I can and do pay for content, and I am far more likely to when I can get it on my terms.

    Just tell me where to sign up to the MPAA-sponsored BitTorrent tracker, and I'll pay for it. Here's my wishlist:

    • No client-side DRM.
    • Video in h.264
    • Audio is AAC, Vorbis, or Flac. (I'd accept any of these.)
    • Container format is mkv for video, ogg for vorbis, flac for flac. (Don't care what the AAC is in.)
    • Torrents are well-seeded -- something like S3 should be fast enough and cheap enough. I don't mind contributing bandwidth (since it's so cheap), but you WILL saturate my pipe.
    • No seeding requirement. Some people might be downloading this on a metered connection.
    • Similarly -- watermarks are fine, so long as you still saturate my pipe. It's probably more cost-effective simply to create a torrent.
    • Creators actually published.
    • All media available this way. Not really practical, but do NOT throw up ten movies I don't want to watch and call it a day.
    • Opt-in. If my ISP suddenly tacks $5 onto my bill because I might be torrenting, I will fight it -- I will cancel Internet service at home if I have to. If you make this a reasonable option, I will pay for it.

    I'm not sure how much I would be willing to pay for that service, but it's at least $5/month.

    As it is, there's really no service which can quite replace The Pirate Bay.

    --
    Don't thank God, thank a doctor!
  12. how about a compromise... by big_paul76 · · Score: 4, Interesting

    How about this: First of all, I don't think this is "fair" in any sense, but to end all the copyright nonsense these days I'd be willing to entertain this.

    First of all, let's get a reasonable amount. Like, say, 25 cents a month. Maybe as much as a buck. The BSA and the MPAA can have the same. So can anybody else who feels their Imaginary Property rights are being violated. But in exchange, two conditions:
    1) they accept that they can never again object to any form of private, non-commercial copyright infringement in any way, shape, or form, in any jurisdiction this side of the outer rings of Jupiter.

    (2)that they are expressly prohibited from producing, distributing, or employing any form of DRM technology in any way shape or form, in any jurisdiction.

    Violation of either of these two conditions will result in them having to repay the amount of money they have received from this "statutory license" (or whatever we decide to call it) X 100.

    Let me repeat myself. I don't think this is 'fair', but politics, like life, is compromise. I don't think the RIAA deserves this money any more than a mobster "deserves" his protection money. But to be 100% sure that we'd never again have a single case of grandmother being sued for hundreds of thousands of dollars over a dozen top 40 tracks that'll be forgotten in 10 years, and be able to back up my box set of "Band of Brothers" that I paid $150 for, it'd be worth it.

    But not at $5/month. I haven't averaged spending $5/month on CDs since about 1993.

    --
    The plural form of "anecdote" is "anecdotes", not "evidence".
    1. Re:how about a compromise... by Weaselmancer · · Score: 4, Interesting

      An excellent idea. But let's add opt-in to it. Not everyone pays the protection money automatically - only those who want it. If you don't pay then you aren't covered. Like...insurance, maybe. If you don't download music you don't need it. Just like if you don't drive a car, you don't need car insurance. If you do, then you buy in.

      --
      Weaselmancer
      rediculous.
    2. Re:how about a compromise... by Jason+Levine · · Score: 2, Interesting

      I first thought that an opt-in model along with protections against copyright infringement lawsuits would help repair an otherwise stupid idea, but then I realized: The RIAA members aren't the entire recording industry. There are lots of artists out there who are members of indie labels or self publish. Let's say I sign up for this Hypothetical Blanket License To Copy and then download some Marina V songs illegally from a P2P network (i.e. without properly paying for them). She's not part of a major label so will she be compensated? Does she lose her right to sue me because the major labels (of which she's not a part) have a deal with me? I highly doubt that would be a legal arrangement. So at best this deal would leave users even more confused. It would be ok to download Label A's music, but not Indie Label B's, yet just fine to download a song from Label C, but not from Artist D.

      Just to make it more complicated, take the example of the Barenaked Ladies. They used to be with Warner Music but left. Warner (to my knowledge) owns their earlier work, but they own their own latest album themselves. So it would be ok to download some BNL songs but not others. (Granted they probably wouldn't sue their fans since that's one of the reasons they left their label, but that legal option of theirs shouldn't be removed from them because a third party signs a deal that doesn't directly involve BNL.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  13. Re:This is ridiculous. by TubeSteak · · Score: 4, Interesting

    Also, it would not surprise me if there were already laws prohibiting insurance for illegal acts. I don't normally respond to ACs, but this is blatantly wrong.
    Copyright infringement is a civil matter and there is plenty of insurance for civil lawsuits.
    I'm merely proposing one more type of insurance.

    Participating in such a scheme would be tantamount to an admission of guilt. Why? The **AA has already wrongly sued several people.
    Less than $60 a year is a small price to pay for protection from a possible lawsuit or a $X,000 settlement "offer".
    Shouldn't I be able to protect myself against such risks?

    The RIAA would prosecute to the fullest any person with this insurance instead of extending settlement offers like they do now, so calculating the insurance based on current settlement values would not work. The RIAA doesn't know shit about the people they send Pre-Settlement Letters to. You forward the letter to your insurer and let their lawyers deal with it. This is how car insurance works, how medical malpractice insurance works, etc etc etc.

    Judges would not look kindly on it either and would likely approve the maximum possible penalties, which as I'm sure you know are ludicrous and could probably easily bankrupt the insurer. You are assuming this goes to trial, which defeats the purpose of the **AA sending out Pre-Settlement Letters. But if it makes you happy, your insurance policy can have a "go to trial" clause setting out a fee structure for legal services.

    rm999 said "That's a cool idea, but if it actually happened I would be really bothered. I know this is sad, but I would rather my money go to the RIAA than lawyers/insurance salesmen."

    That's okay, we can accomplish the same goal in a slightly different fashion. Form a non-profit organization and a separate non-profit insurance company that the club hires to insure its members. Make a tax deductable donation to the club in return for membership and if you get sued, you can apply to their 'free' insurance program. While we're at it, how about we buddy up with the EFF, make the goal of the organization copyright reform and hire some lobbyists to achieve that goal?

    A. Pay a $60 per year RIAA tax for as long as you have broadband
    B. Make a $60 per year (or less) tax deductible donation that goes towards protecting you from **AA lawyers and lobbying for a fairer copyright model

    Which would you choose?

    Of course, this assumes that the **AA doesn't get pimp slapped by the Courts and their unlicensed "investigators" don't get bitch slapped by the States.
    --
    [Fuck Beta]
    o0t!
  14. Re:Finally figured it out by psychodelicacy · · Score: 3, Interesting

    I think it would be unfair to mod the parent as troll. True, the comment ignores the fact that art adds a lot to people's lives, is an historically important form of artistic expression, has cultural value as a tool for cohesion and relationship-building, and is very enjoyable. On the other hand, it picks up on some important points. Firstly, music as a commercial product is, in the end, a luxury item. The amount of time and effort spent trying to get around paying for it would only make moral sense if it were something like food or water. If you can't afford to buy it, you can still hear music on the radio, the TV, in bars and clubs and pubs and many free live venues. You can make it yourself, on your own, with friends. Secondly, the amount of money paid for the works of top artists is pretty extortionate. Why is Paul McCartney so rich when people who teach, nurse, clear our garbage, can't afford to pay their bills? I would suggest it's because we have a pretty screwed-up understanding of value.

    These two points might seem to contradict each other. But they both add up to the fact that we place too much importance on commercial music (which is a different thing from music as an art or an abstract idea.) So I think the parent deserves better than to be called a troll, even if the phrasing of the comment is unfortunate.

    --
    A closed mouth gathers no foot.
  15. Re:This whole idea sounds familiar by Anonymous Coward · · Score: 1, Interesting

    We actually haven't come all that far technologically from the Romans, either. The only real thing we've got over them is heat engines. Everything else falls into place when you burn stuff to do work instead of whipping slaves.

  16. who gets the money? by afxgrin · · Score: 2, Interesting

    Another problem is determining which song writers/performers/publishers/labels should get the money to begin with. Do they pay people more who get their music pirated more? Do they pay people as a ratio of radio air time? Do they just evenly distribute the money? Like - if that's the case - I'm going to start putting random samples into a synth that just chops them up and spits them out, use every computer controlled sequencing feature, and then demand my fuckin' cut.

    1. Re:who gets the money? by MttJocy · · Score: 2, Interesting

      Would not be technically infeasible I guess monitor a sample of the largest bit torrent trackers and use that to gauge a reference to the percentage of each artists work, of course RIAA would hate this idea, if artists of any size can easily publish online and get their fair share who would need the labels which is who the RIAA mainly work for after all.

  17. Re:This whole idea sounds familiar by budgenator · · Score: 3, Interesting

    If the team moves so far away that the local fans can't support it, that just opens up an opportunity for someone to start a new team.
    except the team needs other teams to play and the leagues survive on artificial scarcity of teams and the teams often have trouble obtaining the services of talented players. Our city is Hockey town, we are the permanent home of the International Silver Stick hockey tournament, 65,000 players and coaches participate in the international amature hockey tournament. I doubt there is more than a handfull of NHL hockey players who haven't played hockey in Port Huron, we'll probably loose our third minor-league Hockey team real soon.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  18. Re:This whole idea sounds familiar by symbolset · · Score: 2, Interesting

    The ultimate in marketing is to make your product compulsory.

    All of the examples given and the subject of the fine article are about making products compulsory, therefore they are all related in this way.

    There is no reason why a free citizen should be compelled to purchase the product of a private company in order to get or do some unrelated thing. It's just wrong. If I were to propose some constitutional amendments, one of them would prohibit this.

    If auto insurance and health insurance are that important they should be nationalized. I'm really not opposed to that. I personally know how hard it is to get treatment when you can't afford coverage. I'm sure there's a government bureaucracy out there that can compute the ideal rate of new physicians that makes the career worthwhile without leaving the country shy of enough doctors to serve the need, and nationalized health care can abolish the lawsuits that drive much of the expense just by barring the claims. Leaving the sale of it in the public market and the marketing of it done by government agents with guns, without regulating the flows that drive the cost is just dumb. That, and it doesn't really solve the problem because it does quite the opposite of the necessary steps to get the costs back down where most people can afford it.

    The fine article points out what happens when you start down this path: absurdly unnecessary industries would like to make their products compulsory too, and there is no limit to the influence their billions can buy. Will fast food conglomerates demand fair play in federally funded school lunch programs? Will the cell phone industry demand citizens be required to carry their products for their own safety? Will deodorant manufacturers get stinky pits added to the list of public indecencies? There is no limit to this compulsory product madness. There is, however, a limit to how much of this the poor can endure before they drop out from sheer necessity and get their business done outside the formal economy and that's bad for all of us.

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