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At Atlantic Records, Digital Sales Surpass CDs

The NYTimes reports that Atlantic is the first major label to report getting a majority of its revenue from digital sales, not CDs. Analysts say that Atlantic is out in front — the industry as a whole isn't expected to hit the 50% mark until 2011. By 2013, music industry revenues will be 37% down from their 1999 levels (when Napster arrived on the scene), according to Forrester. "'It's not at all clear that digital economics can make up for the drop in physical,' said John Rose, a former executive at EMI ... Instead, the music industry is now hoping to find growth from a variety of other revenue streams it has not always had access to, like concert ticket sales and merchandise from artist tours. ... In virtually all... corners of the media world, executives are fighting to hold onto as much of their old business as possible while transitioning to digital — a difficult process that NBC Universal's chief executive ... has described as 'trading analog dollars for digital pennies.'"

273 comments

  1. Tough shit. by mrbcs · · Score: 5, Insightful

    Cry me a farking river! If these industry assholes would have got on the bus in 97, they may have a viable option now.
    They're so narrow-minded that they can look through a keyhole with both eyes at the same time.
    The industry should have been the first out the gate with mp3's, giving the customers what they wanted and not what the record industry wanted to sell them.
    It's almost poetic justice, the record companies have screwed the artists for years and now they seem to be getting their comeuppance.
    I care for these assholes about the same that I care for that dinosaur car industry. Change or die!

    --
    I'm not anti-social, I'm anti-idiot.
    1. Re:Tough shit. by Simonetta · · Score: 4, Interesting

      "'It's not at all clear that digital economics can make up for the drop in physical,'

      Jeez, you don't have to physically make anything anymore and you don't actually have to ship anything anymore. All you have to do is put up a web site and let people send you money...lots of money.

      But you're not sure if this incredible change in your cost-of-goods-sold structure is going to make up for your astonishing incompetence as an marketing executive?

      I don't know, guy, maybe you ought to be exploring career opportunities in fast-food-service industry. And let some unemployed electronics tech have a shot at your present so-called job.

      I couldn't do any worse than you are.

    2. Re:Tough shit. by deep_creek · · Score: 2, Interesting

      "The industry should have been the first out the gate with mp3's, giving the customers what they wanted and not what the record industry wanted to sell them."

      What the industry should have done in the first place is provide music customers actually wanted to buy. I have continued to buy CDs over the years, just not RIAA crap. (How many CD's did you buy in the late 90's that was complete crap besides the one song they played on the radio 3-times an hour?)

      I buy non-DRM independent label stuff from the "local" artist scene around the U.S. and World. I can listen to their stuff live or on the net, heck sometimes even download the entire album... If it is good, I'll buy the actual CD quality hardcopy. Or at least support them by grabbing a t-shirt or other item off their site, etc...

      How long before the RIAA want's a piece of the bailout too? (had to stick that in there. )

    3. Re:Tough shit. by WarJolt · · Score: 1

      I care for these assholes about the same that I care for that dinosaur car industry. Change or die!

      The car and the music industry aren't the only ones hurting. Most of us have been impacted in some significant way. A lot of other people are hurting too and it's impossible to know exactly how much the music industry is hurting because of an economic downturn.

      Maybe it's time that the music industry got off their collective high horse and learned a thing or two about the economy. The car industry too. If the government bails out the music industry I'll be pissed.

    4. Re:Tough shit. by penginkun · · Score: 5, Insightful

      How many CD's did you buy in the late 90's that was complete crap besides the one song they played on the radio 3-times an hour?

      So there were NO good acts or albums from the late 90s? Seriously? None?

      I'm SO sick of this argument. The late 90s were a bonanza of awesome music. If you were wasting your time with top 40 pap that's your problem, and not really the fault of the record companies. The same is true today: there is an unending stream of incredible music being released by talented musicians and if you can't find it you've got nobody to blame but the person you see in the mirror every morning.

    5. Re:Tough shit. by mabhatter654 · · Score: 4, Interesting

      because in the scale of record companies CDs are nearly free anyway. They're paid for as soon as they ship by record stores... then the stores have to worry about stock. The number of releases has cut way more than 37% as they only cater to the very large stores like Walmart and Best Buy... independent record stores that sold new bands went away long before napster came on the scene.

    6. Re:Tough shit. by Anonymous Coward · · Score: 0

      Goes to show just how much they were over-charging for CDs.

    7. Re:Tough shit. by poetmatt · · Score: 1

      I love how they claim that they'll make their money from concert tickets, which is where the artist makes the majority and not the label.

      Whoops!

    8. Re:Tough shit. by boarder8925 · · Score: 3, Funny

      . . . and if you can't find it you've got nobody to blame but the person you see in the mirror every morning.

      The wife?

    9. Re:Tough shit. by deep_creek · · Score: 1

      I think you missed my point. There were excellent groups throughout the 90's. There are excellent groups today and there will be tomorrow.

      I'm directly talking about the RIAA group of crap. The stuff you immediately hear when you turn on your radio** going to/coming from work, etc... You hear one good song and an hour later you have heard the same song at least four times. I remember a time (not all that long ago) when the stuff you heard on the radio was just a teaser to the really good stuff on an album/CD. It made you want to give the CD a try and when you heard the CD, you definitely wanted to go to the concert. The reverse is true at present... you hear a song on the radio, and it is basically the only song on the album/CD and the rest is complete crap/filler.

      One hears a song 3-4 times an hour on the radio for a couple days and having been burned many times before actually buying the CD, opt out completely from the cycle... A) you aviod buying the CD and move on, B) you pirate a copy on the outside chance some of it may be good, C)you listen to other samples (at your favorite online music store)and just buy the songs that sound like they might be worth it. From the article, most folks seem to at least be taking option C, keeping the RIAA afloat for now. I choose D) checking out the local and internet scene for new, independent music... supporting them (the actual artist) where I can, etc...

      radio side note: my 1-hour daily commute is entertained by CD music mostly and some talk radio. I do have a radio playing in the lab at work (hence my comments on hearing the same songs 4-times an hour)

    10. Re:Tough shit. by boarder8925 · · Score: 1

      . . . and if you can't find it you've got nobody to blame but the person you see in the mirror every morning.

      The wife?

      Er, she's behind me. Or next to me.

      Fuck.

    11. Re:Tough shit. by jeeva123 · · Score: 1

      HI.......... Now a days there is a growth in the musical industry.Most them concentrating on digital economics.Thanks to share this information. lara Your Social Bookmarking

    12. Re:Tough shit. by germansausage · · Score: 1

      You just got to figure that "New Artist" contracts are going to own not just the record sales, but also concert revenue and t-shirt and other merchandise from a band. Labels are going to be looking for "a more equitable distribution of all music related revenue streams" or however they are going to phrase it.

    13. Re:Tough shit. by AmberBlackCat · · Score: 5, Insightful

      I think it would help the CD sales if they'd stop shipping CD's that won't play in a computer.

    14. Re:Tough shit. by Macrat · · Score: 1, Troll

      So there were NO good acts or albums from the late 90s? Seriously? None?

      Nope. Nothing at all. Complete wasteland.

    15. Re:Tough shit. by MightyMartian · · Score: 1

      What the record industry should have done is not spend the half century raping consumers (and for a fair chunk of that time artists as well). Vinyl, tape and CDs were massively overpriced for years, and only a fraction of that money ever made it to the artists. Some of the contracts were next door to usurious.

      There comeuppance has been on the way for a while, but the real irony is it's they who have done this to themselves. Instead of adapting to the new market conditions, they have instead basically turned a large chunk of potential customers into criminals, used the courts and legislatures as tools in a completely vain attempt to hold back the tide.

      Now they want to get in on the tour and merchandising revenues, historically the one place where an artist could be guaranteed a far better return than they were getting from royalties. Let's see how loyal Metallica is to their record company when the execs come down to the studio to say "We want a cut on those tour booklets and t-shirts you're selling, and say, what about the money you just got from that concert, we want some of that too!"

      I'm going to enjoy watching these guys eat each other up.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    16. Re:Tough shit. by Anonymous Coward · · Score: 0

      Erm, isn't this 'offtopic'? Had nothing to do with OP's comment at all. Hell, it quoted the article and not the comment.

    17. Re:Tough shit. by philipgar · · Score: 5, Insightful

      Your last statement is only partially true. The number of releases record labels make in a year has reduced, and they have started catering more to the very large stores. However, this was the case quite a bit before Napster came onto the scene, and the mp3 revolutionized the music industry. The large stores had started swallowing up the small. It is false to say that the small independent record stores are gone. There are still quite a few of them that flourish. The people who love music and are willing to pay for it often choose to go to the small independent stores, and always will. The store is far more about the personal interaction, and the recommendations that can be made there. What has hurt the small stores the most isn't the Walmart's and Best Buys who have small selections, low prices, and high volume, but the Amazon's of the world who have practically unlimited selection, and the benefits of scale that come with being so large that they can get lower prices. Many music fans have started shopping online for CDs they used to buy at the small independent stores.

      The large record companies shot for the gold in the late 90s by focusing on the big hit of the day kind of thing. Under such a market, they create demand for music, and sell CDs (albeit to a limited number of artists). However, when you concentrate on the masses and the hit of the minute, you lose out on loyalty. The loyal fan base that goes to the small independent CD stores didn't want to switch to buying CDs at Walmart, and they didn't care about the flavor of the month. They bought lots of CDs by bands that aren't particularly profitable to the labels (but tended to bring in a steady stream of income). The group that they won over with low prices at Walmart, and mass consumed discs has little loyalty, and why should they. They could care less where they get their music from, and napster is as good a place as any, but the price was right. Besides, who cares if the back street boys didn't make a few extra bucks, the bands they were pirating from had more money than they needed anyhow.

      At the same time this happened, many more of the smaller bands that struggled before said screw it to the major labels, and found that if they play to their niche they can end up okay. They'll never strike it big, but they can keep doing what they're doing. It used to be that no established artist would be on an independent label unless they decided to create their own. Today we have many many examples of well known artists with loyal fan bases going onto smaller labels that better support their needs. These places are still going strong, and still will. What the labels are crying foul on is the fact that they can no longer create millions of potential fans who will go out and pay $10-$15 (assuming walmart prices) for the mass produced crap that they're selling. That said, I imagine their revenue stream for the millions of ringtones they sell to people is earning them a nice chunk of money . . . Until people find an easy way to do that themselves that is.

      Phil

    18. Re:Tough shit. by SanityInAnarchy · · Score: 1

      True.

      and not really the fault of the record companies.

      Ah, but who do you think maintains that top 40 list? Who chooses the artists who will end up there -- and grooms them to be exactly the kind of crap they think will sell?

      You're right -- there's a lot of talent out there. So why doesn't the industry better support and promote the good stuff? Why do they, instead, shovel crap?

      Same thing happens with TV -- there's almost always something good on, somewhere. Something like, say, Firefly. Except they never seem to realize what they have, and so we end up with more Desperate Housewives.

      --
      Don't thank God, thank a doctor!
    19. Re:Tough shit. by AceofSpades19 · · Score: 1

      if you can't find it you've got nobody to blame but the person you see in the mirror every morning.

      But that guy is mean to me :(

    20. Re:Tough shit. by hairyfeet · · Score: 1

      And you seemed to have missed the important part of TFA, which is this gem "now hoping to find growth from a variety of other revenue streams it has not always had access to, like concert ticket sales and merchandise from artist tours". allow me to translate "Not only have we traditionally paid the artist squat when it comes to CD and record sales, but now we are going to start sticking it in the contracts that if they want to get any radio or MTV time they better be ready to cut us a big chunk of that t-shirt and ticket money too!"

      So get ready artists! Have you seen the picture of the Goatse guy? That is going to be you after they get done! Of course they'll probably make you sign away all rights to your songs so they can rake in the bucks on your tunes 160 years after you are gone as well. So am I the only one who wishes they would just go away and die already?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    21. Re:Tough shit. by failedlogic · · Score: 1

      Missed your comment when I posted. I think a lot of the smaller acts and under promoted artists can actually make the companies a decent amount of money with a little marketing. If the only form of advertising is seeing the album buried among racks of CDs in a store, no audio to listen to, and no artist info, style of music other than broad categories, then its no wonder it won't sell.

    22. Re:Tough shit. by ameyer17 · · Score: 1

      I thought they did after the XCP rootkit incident.

    23. Re:Tough shit. by David+Gerard · · Score: 4, Interesting

      A physical CD plus case and booklet is under a dollar to press in quantity, so the physical disc isn't actually a huge part of the price tag anyway.

      I so wish they'd get more into the Long Tail. Imagine record companies reissing their back catalogues as FLAC or Apple Lossless. They could sell them for a couple of bucks under the CD price and market it to record nerds who want obscurities it's infeasible to distribute physically.

      It's like they still don't understand they're not competing with paid downloads, they're competing with free.

      --
      http://rocknerd.co.uk
    24. Re:Tough shit. by Dan541 · · Score: 1

      If these industry assholes would have got on the bus in 97, they may have a viable option now.

      Afraid that ship has sailed, now piracy has filled the gap in the market place.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    25. Re:Tough shit. by geekmux · · Score: 1

      A physical CD plus case and booklet is under a dollar to press in quantity, so the physical disc isn't actually a huge part of the price tag anyway.

      I suppose the true cost of pressing millions of CDs is debatable if your ever-increasing taxes have to support your local ever-growing landfill. Put it all out there electronically, I say. And you Audiophiles out there, don't come crying me a river about MP3 audio quality, with the compressed crap they're putting out nowadays, it sounds like shit on CD anyway. Good mastering died with vinyl.

    26. Re:Tough shit. by daem0n1x · · Score: 1

      I don't know, guy, maybe you ought to be exploring career opportunities in fast-food-service industry. And let some unemployed electronics tech have a shot at your present so-called job.

      Fast-food matches the quality of the mainstream "music hits" these idiots shove down our throats constantly. So, they already have vast experience.

    27. Re:Tough shit. by Anonymous Coward · · Score: 1, Informative

      I so wish they'd get more into the Long Tail. Imagine record companies reissing their back catalogues as FLAC or Apple Lossless. They could sell them for a couple of bucks under the CD price and market it to record nerds who want obscurities it's infeasible to distribute physically.

      Universal has started doing this with it's classical label Deutsche Grammophon. A year ago they started selling their recordings in DRM-free (!) mp3 format (320 kbps - no vbr, though, ): http://www.dgwebshop.com/ The store's selection also includes 600 out-of-print cds. A Regular album costs US$11.99/EUR11,99 which is a bit too expensive, but they've started to lower their prices on some recordings since the store was launched. It's not perfect, but it's a start.

      IIRC, this was touted as an experiment for Universal. There's even an interview with one of the marketing/distribution/whatever head honchos from Universal saying that they had plans to release selected recordings in "better-than-CD-quality" in the future.

    28. Re:Tough shit. by David+Gerard · · Score: 1

      Good one!

      For classical, I'm surprised they didn't actually offer lossless copies. Classical fans are the sort of people who can hear the difference. Or like to think they can, anyway.

      --
      http://rocknerd.co.uk
    29. Re:Tough shit. by Anonymous Coward · · Score: 0

      If you can't find it you've got nobody to blame but the person you see in the mirror every morning.

      Music snobs like yourself are part of the reason that the indie CD shops started going out of business. Regular people don't know where to go for good music. If the music snobs went from their closed model of ridicule to an open model of inclusiveness, maybe the regular people would listen to what the snobs consider good music. Instead, the indie CD shops catered to the same customers who weren't buying enough music and had to close. The rabid fans destroyed the indie CD shop.

      Just a thought.

    30. Re:Tough shit. by theaveng · · Score: 1

      I assume you mean "volume compressed". Yeah that's an issue, but it only affects a few releases. Most are fine. Besides, even a poorly mastered CD is preferable to the digital artifacts (buzzing) you'll find in MP3 and AACs. Perhaps you can't hear the mosquito noise but I can, and it's rather annoying.

      Even if compressed MP3 sound quality was not an issue, I still prefer to buy my favorite singers' Greatest Hits albums on CDs as it's actually cheaper (~50 cents per song) than a download ($1).

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    31. Re:Tough shit. by theaveng · · Score: 1

      >>>mp3 format (320 kbps - no vbr though)

      At this speed there's no point in using VBR. 320kbit/s is as good as MP3 gets, and using VBR would make the recording sound worse (fewer bits), not better.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    32. Re:Tough shit. by theaveng · · Score: 2, Interesting

      What's wrong with Top 40? I enjoyed the 1990s-era top 40 artists like Alanis Morisette and.... um, uh, well that's all I can think of right now. ;-) But that point is it's not all crap. There's some real talent hidden between the N'stynks and Britney Spears of the world.

      >>>(How many CD's did you buy in the late 90's that was complete crap besides the one song they played on the radio?)

      None. I learned my lesson in the 1980s to not buy albums, but instead wait for the "greatest hits" compilation. That way the whole CD is filled with good songs, and you get your money's worth.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    33. Re:Tough shit. by theaveng · · Score: 1

      C+C Music Factory was cool.
      Ditto Snap.
      Janet Jackson was good before she lost her talent.
      I liked Alanis Morisette, Jewel, and Sheryl Crow.
      Depeche Mode put-out some good music.
      Britney Spears has no talent, but she looked good in a catholic schoolgirl uniform. ;-)

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    34. Re:Tough shit. by Dorkmaster+Flek · · Score: 1

      Oh but I think it is the fault of the record companies for burying the public's senses in said Top 40 pap. Most people don't have the musical sensibility to even realize that what they're listening to is generic crap, let alone seek out the independent bands and such. They also don't much care where they get their music, or who's really making it, as long as it doesn't grate their ears. Remember, by definition, half the population is "below average".

      --
      I like to think of online DRM as something akin to a college -- you pay for lessons until you learn something.
    35. Re:Tough shit. by bravecanadian · · Score: 1

      It is funny that the record and movie companies are constantly ridiculed on slashdot for not "getting with the program" as far as internet distribution goes... being continuously dumped on for not changing their business model.. but no one can suggest an alternative that actually makes sense..

      Now that the numbers are actually coming in we find that a company that actually makes most of their money digitally is finding that they are trading dollars for cents... so what do we ridicule them for now? Or are we really advocating that everyone should just be an indie act?
       

    36. Re:Tough shit. by cayenne8 · · Score: 1
      "I think it would help the CD sales if they'd stop shipping CD's that won't play in a computer."

      What CD's are there that won't play in a computer? I've never had a problem playing any CD I've gotten.

      Is this just a windows thing?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    37. Re:Tough shit. by cayenne8 · · Score: 1
      "I so wish they'd get more into the Long Tail. Imagine record companies reissing their back catalogues as FLAC or Apple Lossless."

      Until they start selling lossless formats without DRM....I am not interested in buying any content online. The second they start selling lossless without DRM...I'll be the first one in line, and I can afford to buy a lot.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    38. Re:Tough shit. by Sun.Jedi · · Score: 1

      None. I learned my lesson in the 1980s to not buy albums, but instead wait for the "greatest hits" compilation. That way the whole CD is filled with good songs, and you get your money's worth.

      +2, right-on-the-money!

    39. Re:Tough shit. by Sun.Jedi · · Score: 1

      Let's see how loyal Metallica is to their record company when the execs come down to the studio to say "We want a cut on those tour booklets and t-shirts you're selling, and say, what about the money you just got from that concert, we want some of that too!"

      If Lars and James do freak out over this "revenue stream", I sure hope the campchaos guys get in on the act.

      Heh. BEEEEER GOOOOOD!!!!!.

    40. Re:Tough shit. by Sun.Jedi · · Score: 1

      If the government bails out the music industry I'll be pissed.

      Pissed doesn't even begin to describe how bad things will be in America if the music industry was 'bailed out'.

      More than 2/3 of voters in many polls are not in favor of helping out part of the transportation infrastructure. Here's and example of common trends in results.

      That's transportation, plus related and support business.

      The music industry is Entertainment. there is no way anyone can rationalize to me why I 'NEED' the entertainment industry.

      Cars, even shitty American ones, with the 3+ million workforce potential loss, I can at least understand. I'm not in favor of bailing them out though.

      Entertainment? It was the first thing stricken from my budget when Wall street got caught with their pants around their ankles in Sep08.

    41. Re:Tough shit. by gadabyte · · Score: 1

      A physical CD plus case and booklet is under a dollar to press in quantity, so the physical disc isn't actually a huge part of the price tag anyway.

      whereas arranging some bits is what, a tiny fraction of a penny?

      so if a record goes platinum via purely digital means vs. going platinum via purely physical media, the record companies decrease operating costs for that album by $1,000,000.

      i'd say that's pretty damn significant.

      --
      the united states is a nation of laws; badly written and randomly enforced -- frank zappa
    42. Re:Tough shit. by David+Gerard · · Score: 1

      I'm a happy eMusic customer ... I really wish they'd sell lossless. I'd pay more too. (Say, twice as much - lossless files are typically a bit over twice the size of 320kbps MP3.)

      --
      http://rocknerd.co.uk
    43. Re:Tough shit. by Sun.Jedi · · Score: 1

      but no one can suggest an alternative that actually makes sense.

      They missed the boat. The Free or Free-er or Free-est methods available to a majority will ensure that the big 4 probably do not have a viable business model with hard-copy media. Considering the options, and how sour many people are with their music collections that cost them $15/8-track in the 60's, $15/album in the 70's, $15/cassette in the 80's, $15/CD in the 90's, they barely have a chance at continuing with digital music.

      All the hardware and DRM in the world cannot compete with free, regardless of morals.

      Noone NEEDS the middleman role that the big 4 play.

      Or are we really advocating that everyone should just be an indie act?

      When is the last time you had the wheels on your stagecoach changed? Why not?

      Same reason will apply to RIAA/Big 4. We don't need them.

    44. Re:Tough shit. by Alastor187 · · Score: 1

      FLAVOR FLAV !

    45. Re:Tough shit. by Golddess · · Score: 1

      You're right, there are no music CDs that won't play in a computer. Of course, when I say music CD I mean a CD that correctly conforms to the music CD standard. It's the non-compliant CDs where they try to alter the standard so it can only play in certain players that are the problem. But they aren't really music CDs. And yes I understand you were making a joke about Windows autorun (unless you were pointing out what I just took the time to make plainly clear).

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    46. Re:Tough shit. by Ihmhi · · Score: 1

      I thought the point of VBR was that it didn't use higher bitrates when they weren't needed during parts of the song, therefore using less disk space without a loss in quality. Do you really need 320kbps quality silence for those 2 seconds at the end of a track?

    47. Re:Tough shit. by poetmatt · · Score: 1

      Well, I agree that they will try to shove this into the contracts.

      However, I think that even the artists are going to say "wait, what?" when they see this. They may be stupid enough to not read fine print about fractions that they get of CD sales, but they won't be stupid enough to understand "I am going to lose my touring money" because thats how they started in the first place.

    48. Re:Tough shit. by Anonymous Coward · · Score: 0

      I suppose you can tell the audio difference between normal copper and oxygen-free copper as well?

      Have you at any time complained about timing jitter in an optical link?

      Do you own a set of $400 wooden knobs for your amplifier because the stock metal ones lacked the right resonant qualities?

      I'm not saying mpeg and aac compression are without their artifacts, but a worst-case scenario is blips and pings, not whistling. If you are hearing "mosquito noise" then you should really look into replacing the audio device doing the playback.

      Perhaps the post-DAC low pass filter is malfunctioning? Perhaps the listener is a victim of his own prejudice?

    49. Re:Tough shit. by Josh+Coalson · · Score: 1

      Until they start selling lossless formats without DRM....I am not interested in buying any content online. The second they start selling lossless without DRM...I'll be the first one in line, and I can afford to buy a lot.

      http://flac.sourceforge.net/links.html#music

    50. Re:Tough shit. by greed · · Score: 1

      There's some I've had that won't play back on my Linux machine or my Mac, but CDParanoia makes a lovely copy that works just fine. Or iTunes with error correction turned on. I don't actually have a normal CD player now, just the computers and a network feed to the stereo.

      Which is a nicely ironic serves-them-right: they copy but they won't play.

    51. Re:Tough shit. by agbinfo · · Score: 1

      None. I learned my lesson in the 1980s to not buy albums, but instead wait for the "greatest hits" compilation. That way the whole CD is filled with good songs, and you get your money's worth.

      Same here. I'm still waiting for the greatest hits compilation from Golden Hearing.

    52. Re:Tough shit. by philipgar · · Score: 1

      You're right that artists can make labels money with a little marketing. However, you missed the biggest form of marketing that artists have. . . Playing live shows. For small unknown bands, that is how they get known. If you're opening for bands with similar styles (which you should be doing), and play good, the audience will appreciate it. If only 15 people at a show buy your CD afterward, you're doing pretty good with marketing (assuming the show has ~200 people there). These 15 people will likely tell others, and word of mouth spreads about the band. I've seen it many times where good bands can grow remarkably fast from this. Of course, this won't make them huge, but it means they can sell on the order of 20,000 records, which isn't too bad.

      There are some record labels that take this into account when looking for new bands to sign on. I know New West records (one of my favorite record labels, where I'll randomly pick up albums by artists I don't know just because they're on the label) is really big on live music. One of the guys who runs the label is a huge music fan, going to tons of concerts a year. If he see's a band he likes that is doing there part, he'll often try to pick them up onto the label. The demos a band has are important to the label, but equally, if not more important is the bands live show. Additionally, the band (assuming they're not well established already) has to be willing to hold their end of the agreement, and tour regularly. If you're not willing to spend 100s of days a year on tour promoting your music, you're not worth the investment to them.

      Phil

    53. Re:Tough shit. by electrons_are_brave · · Score: 1

      That might be true if the balance of power between the artists and the record executives was equitable, but the way things stand most young bands would agree to sticking their heads in mucky water and being used as a mop if it meant they could get a contract. As for merchandising as another source of revenue, apart from the odd t-shirt bough by the die-hard, who buys that crap?

    54. Re:Tough shit. by Anonymous Coward · · Score: 0

      So there were NO good acts or albums from the late 90s? Seriously? None?

      He neither said nor implied that. Strawman argument.

    55. Re:Tough shit. by theaveng · · Score: 1

      Yes because what the computer misinterprets as "silence" often contains music at a low volume, and since these MP3-320s are aimed at audiophiles they want to be able to hear those quiet passages, not have them be expunged by bad VBR encoding.

      In the video world the equivalent would be a fire-lit scene which the computer mistakenly decides is "all black" and renders as a macroblocked mess. (As example, watch the firelit scenes on the Star Trek DS9 DVDs. Complete crap.)

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
  2. CDs are digital! by Anonymous Coward · · Score: 5, Insightful

    Ummm... how are we thinking that CDs aren't digital?

    1. Re:CDs are digital! by denormaleyes · · Score: 0

      The information on CDs may be digitally encoded, but the packaging (plastic disc, you know the "CD") is a physical thing. When you sell bits via a web site, there is clearly NOTHING physically significant that you are purchasing.

      If the significance of the distinction isn't clear, consider that the text of books is every bit as digital as CDs. They might not be base-2 digits, but they are digits in some base none-the-less.

    2. Re:CDs are digital! by Anonymous Coward · · Score: 0

      Asperger's?

    3. Re:CDs are digital! by ciderVisor · · Score: 1

      Nobody makes jokes in base 13.

      --
      Squirrel!
    4. Re:CDs are digital! by Anonymous Coward · · Score: 0

      The parent comment should be tagged insightful, not funny. CDs are digital.

    5. Re:CDs are digital! by Swampwulf · · Score: 1

      I do believe that the discussion is in regards to the physical manner of distribution, not the format *on* the media itself.. (My apologies is I missed a sarcasm flag there AC)

      --
      -On the internet, no one cares if you're a dog.-
    6. Re:CDs are digital! by noidentity · · Score: 1

      Ummm... how are we thinking that CDs aren't digital?

      Have you ever compared a warm, life-like CD with cold, cramped compressed digital download? Even lossless digital downloads lack the ambience and flavor of a compact disc. Just ask any audiophile...</sarcasm>

    7. Re:CDs are digital! by Anonymous Coward · · Score: 0

      Because CDs aren't digital. They're physical. The music on them is digital, but that can be copied and sold without the need for the CD.

      but you knew that didn't you. You were just being silly.

  3. Waah by Anonymous Coward · · Score: 1, Informative

    Waah, my business model is still outdated, Waah.

    Poor f'ing babies.

  4. What? Are you guys serious? by Yvan256 · · Score: 4, Insightful

    Instead, the music industry is now hoping to find growth from a variety of other revenue streams it has not always had access to...

    How about just releasing everything world-wide, at the same time, instead of a handful of countries, or different dates for only a selected few countries? I don't care about your contracts and agreements, you're the ones who did that in the first place. It's your mess, clean it up. Your market is the whole planet, take advantage of this "new" fact.

    And that goes not only for music but for movies and TV shows too.

    1. Re:What? Are you guys serious? by Darkness404 · · Score: 3, Insightful

      Not to mention video games, I mean seriously, there is a bit of a delay expected in translating from Japanese to English but from American English to British English? And most have to wait months for the game to come to Europe or vice versa.

      --
      Taxation is legalized theft, no more, no less.
    2. Re:What? Are you guys serious? by w0mprat · · Score: 1

      "How about just releasing everything world-wide, at the same time, instead of a handful of countries, or different dates for only a selected few countries?"

      Oh you mean, releasing the content, in a manner which matches up with the way data can be moved today, and the way people expect to be able to consume it: in realtime

      --
      After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    3. Re:What? Are you guys serious? by Captain+Splendid · · Score: 1

      Thank you! As an avid music/movie/video game purchaser for several decades who's lived in several countries, I never, ever understood this. Like walking into Virgin on Oxford Street looking to buy the Dune soundtrack.

      "It's only available on import."

      What the fuck does that mean?

      "25% more than a regular CD"

      Oooo-kay...guess I'm the only Dune fan in all of London, eh?

      --
      Linux, you magnificent bastard, I read the fucking manual!
    4. Re:What? Are you guys serious? by cheater512 · · Score: 1

      Yeah I agree its probably the biggest cause of piracy outside of the US - there just isnt any way to get it legally.

      Over here in Australia its starting to get a bit better.
      For popular shows its gone from lagging by several months to lagging a week behind.
      My mind boggles at why they dont just skip the whole week thing and do it on the same day.

    5. Re:What? Are you guys serious? by Falconhell · · Score: 1

      Noticed that in Aus myself.

      Pity they cant manage to show episodes in order though.

    6. Re:What? Are you guys serious? by Nazlfrag · · Score: 1

      Not to mention the lack of titles such as Chrono Cross and FF Tactics. Thank god for emulators. The TV show thing I believe is just our stations being cheapskates - it costs more to get it earlier. Still makes no sense though for the majority of media, from cds and dvds through to games and cinema.

    7. Re:What? Are you guys serious? by xtracto · · Score: 1

      English but from American English to British English? And most have to wait months for the game to come to Europe or vice versa.

      But if I recall correctly, usually the UK games also contain Spanish and French localization data. Therefore, you actually have to wait until they translate it to all those languages (and not only adding the u's to American english).

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    8. Re:What? Are you guys serious? by purpledinoz · · Score: 4, Insightful

      My thoughts exactly. Why not sell ALL music online, and allow everyone to listen to the entire catalog of music (for a fee of course)? There's so much material out there that it's impossible to pirate it all. I would say that only 10% of music is easily available from piracy. So if they provide a service which gives people access to ALL music, people will pay.

      Why do I have to pay $40 for a CD that's gone out of print 10 years ago? I'm not going to buy it at $40, but maybe for $10. But it turns out it's not easy enough money. The music industry is now subjected to full market forces and they're now crying about it.

    9. Re:What? Are you guys serious? by Weedlekin · · Score: 1

      "How about just releasing everything world-wide, at the same time, instead of a handful of countries, or different dates for only a selected few countries?"

      And how about not charging wildly different prices in each of those countries for the same album in the same cover?

      --
      I'm not going to change your sheets again, Mr. Hastings.
    10. Re:What? Are you guys serious? by TapeCutter · · Score: 1

      Yes, the only exception I can think of is Letterman that is screened the night after it is broadcast in the US ( a sensible reconsiliation of time zones ). I had to laugh at channel 10's recent "streamed direct from the US" advertising campaign, since it still got here several days after screening in the US I can only assume the "stream" is routed through both voyager spacecraft.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    11. Re:What? Are you guys serious? by Anonymous Coward · · Score: 0

      Not to mention video games, I mean seriously, there is a bit of a delay expected in translating from Japanese to English but from American English to British English? And most have to wait months for the game to come to Europe or vice versa.

      If you're waiting months to get your hands on a game, hire better crackers. It's painfully obvious that your current batch can't code for shit.

    12. Re:What? Are you guys serious? by Anonymous Coward · · Score: 0

      So, suppose that you as a content producer decide to release something. Are you going to go through the trouble of incorporating yourself as a business in every country around the world so that you can achieve that goal? There's more to business than nearly everyone here wants to admit.

    13. Re:What? Are you guys serious? by Anonymous Coward · · Score: 0

      You're a dumbass if you think you need to register a company in a country to be able to sell things there. Especially for digital files sold over the internet.

    14. Re:What? Are you guys serious? by theaveng · · Score: 1

      AND, European games have to be made PAL-compatible.

      When a game is released in Japan it's published in NTSC which can be quickly translated into English NTSC release, but Europe has to overcome two obstacles: language translation AND video incompatibilities. That's why the EU is typically the last region to see a new game.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
  5. True in the DJ world, too. by Tokerat · · Score: 4, Interesting

    I haven't seen a single new piece of vinyl (or CD, for that matter) listed on dancerecords.com since July.

    This happened very suddenly, and it's a bit startling for those of us who have invested in actual vinyl turntables...

    --
    CAn'T CompreHend SARcaSm?
    1. Re:True in the DJ world, too. by v1 · · Score: 5, Funny

      you think that's bad? just try getting ahold of blank punchcards sometime!

      --
      I work for the Department of Redundancy Department.
    2. Re:True in the DJ world, too. by Captain+Splendid · · Score: 4, Funny

      That's what I love about Slashdot. It always ends up with somebody trumping someone else down to steampunk levels of technology.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    3. Re:True in the DJ world, too. by Anonymous Coward · · Score: 0

      Thats why I invented re-usable punchcards. Each card has holes that can be set closed or open repeatedly. They have also have a rfid chip and can be set wirelessly. So you just grab as many as you need and put them in a stack click and the eclipse plugin will compile the code to the cards. Then they are ready to be used by your legacy application.

    4. Re:True in the DJ world, too. by AmberBlackCat · · Score: 1

      I hope I don't get whooshed by a jackass for this, but I think it's worth mentioning that turntables are actually being manufactured and sold right now, and people actually use records.

    5. Re:True in the DJ world, too. by Pinckney · · Score: 1

      you think that's bad? just try getting ahold of blank punchcards sometime!

      Here.
      I've not bought from them, so I don't know if they're legitimate.

    6. Re:True in the DJ world, too. by Anonymous Coward · · Score: 0

      I hope people aren't throwing away their vinyl turntables and records. There's a ton of stuff out there that can still be listened to, and seriously, in comparison to the 90s and 00s, the earlier stuff is much better.

    7. Re:True in the DJ world, too. by Wiseleo · · Score: 1

      You can probably thank Scratch Live http://scratchlive.net/ for this.

      They are rapidly replacing actual vinyl records and CDs as DJs' tools of choice.

      --
      Leonid S. Knyshov
      Find me on Quora :)
    8. Re:True in the DJ world, too. by bennomatic · · Score: 1

      Punch cards? Feh! It's all about wax cylanders.

      --
      The CB App. What's your 20?
    9. Re:True in the DJ world, too. by VoltageX · · Score: 1

      http://vinylwarning.com.au/ and http://cdjshop.com/ would like to disagree with you.

      --
      "Anonymous could not immediately be reached for further comment." - International Business Times
    10. Re:True in the DJ world, too. by Myrddin+Wyllt · · Score: 1

      Hmmmm - no punchcards and no 12" album covers - that explains why students today can't roll spliffs worth smoking despite the availability of vastly superior grass.

      --
      [ ]Half Empty [ ]Half Full [x]Twice as big as it needs to be
    11. Re:True in the DJ world, too. by Phil+Wilkins · · Score: 1

      I think that says more about dancerecords.com, than anything else. Take a look at: http://www.juno.co.uk/

    12. Re:True in the DJ world, too. by Tokerat · · Score: 1

      Actually, if I was going to bite that bullet, I think I'd be a Torq user...

      --
      CAn'T CompreHend SARcaSm?
  6. The Labels Want More Money... by gavanm · · Score: 5, Insightful

    There is an interesting paragraph in the article....

    The real question, Mr. Rose said, is how does the record industry change its rights structure so it captures a fairer percent of the value it creates in funding, marketing and managing the launch of artists?

    To paraphrase - we think the artists owe us more money

    1. Re:The Labels Want More Money... by Silentknyght · · Score: 4, Funny

      There is an interesting paragraph in the article....

      The real question, Mr. Rose said, is how does the record industry change its rights structure so it captures a fairer percent of the value it creates in funding, marketing and managing the launch of artists?

      To paraphrase - we think the artists owe us more money

      To be optimistic, perhaps they simply realized that they take too much, and now want to give more to the artists?? Okay, so this is slashdot... set mod to funny.

    2. Re:The Labels Want More Money... by deraj123 · · Score: 3, Interesting

      Or just replace "fairer" with "fairer for us" - fairer doesn't really mean much in business anyways. It's not that they think the artists owe them more money. It's that they want to find a way to get more money out of the whole system. Honestly, if they weren't doing that, they probably wouldn't be doing their jobs. Sure, it's easy to look at the industry and say it's outdated, say they don't provide value anymore, and should die. But is it reasonable to expect them to just roll over and die? I know if it were me, I wouldn't. If I needed to make a certain amount of money to consider the venture "successful", and the total pie got smaller, then my option is to try and get a larger piece of the pie. The counter to them actually getting that larger piece isn't to have them ask for less...it's for the other people providing value to the business to say no.

      Sure, they're probably going about it the wrong way. I have to say, I think they're eventually going to fail. But that doesn't mean we should expect them to just give up. And we certainly shouldn't be surprised, or even appalled, when we hear about them attempting to stay alive.

    3. Re:The Labels Want More Money... by VisceralLogic · · Score: 2, Insightful

      Gubmint bailout... it's the obvious solution.

      --
      Stop! Dremel time!
    4. Re:The Labels Want More Money... by Anonymous Coward · · Score: 0

      Their job is to produce music. It's the government's job to "make money". They're just confused about that.

    5. Re:The Labels Want More Money... by davester666 · · Score: 2, Interesting

      Actually, they do think they are paying the artists too much. They tried to reduce the mandatory amount of money per song they had to pay for royalties this summer as part of 'negotiations',

      And it's not like the labels looked at digital downloads and said, well, this gets rid of pretty much all distribution, transportation and 'loss' from the ledger, so we can just divvy up that money between us, the songwriter and the performers. They did the opposite. They are keeping all the extra money. They continue to charge artists for so-called 'losses' (as a fixed percentage). They went over all their contracts, and picked out all the ones that were poorly worded, and then decided to pay those bands ZERO for digital downloads (songwriters still were paid, but not the performers).

      And they still are dicking around with the most successful, fastest growing online music store in the world, namely the iTunes Music Store, by intentionally trying to cripple it w.r.t. other online stores by forcing Apple to retain DRM on their songs (except for EMI).

      --
      Sleep your way to a whiter smile...date a dentist!
    6. Re:The Labels Want More Money... by deraj123 · · Score: 1, Troll

      Actually, they do think they are paying the artists too much. They tried to reduce the mandatory amount of money per song they had to pay for royalties this summer as part of 'negotiations',

      If by "too much" you mean "more than they think they can get away with" then I agree with you.

      And it's not like the labels looked at digital downloads and said, well, this gets rid of pretty much all distribution, transportation and 'loss' from the ledger, so we can just divvy up that money between us, the songwriter and the performers. They did the opposite. They are keeping all the extra money. They continue to charge artists for so-called 'losses' (as a fixed percentage). They went over all their contracts, and picked out all the ones that were poorly worded, and then decided to pay those bands ZERO for digital downloads (songwriters still were paid, but not the performers).

      So...you expected them to generate revenue from this new business stream, and, without any sort of contractual obligation, give it away? They didn't "decide" to pay the bands ZERO - the bands' contracted were written in such a way that they didn't owe them anything, therefore the expected behaviour is to not give them any money. I'm not saying the contracts are fair, or just, or a good idea...but they do exist.

      I should add, I'm purposefully not considering any possibilities of fraud or similar illegal or tortious actions. These are outside any point I wish to made and should be dealt with appropriately.

    7. Re:The Labels Want More Money... by davester666 · · Score: 3, Insightful

      >>Actually, they do think they are paying the artists too much. They tried to reduce the mandatory amount of money per song they had
      >>to pay for royalties this summer as part of 'negotiations',

      >If by "too much" you mean "more than they think they can get away with" then I agree with you.

      Yes. They have all kinds of fun legal and accounting methods to reduce or eliminate (or claim the band owes them money), suing their customers (as well as other random people, dead or alive) for copyright infringement while keeping all proceeds from said lawsuits for themselves, while standing up in the middle of the room and shouting "Don't steal music or the performers and songwriters can't get paid".

      Hell, they still trying to recover their own bribe money, after their repeated violations of bribing radio stations to play specific songs, by trying to get it legislated that terrestrial radio stations have to pay them for every song they play. And how much of this "new revenue stream" do you think will go to the artists?

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re:The Labels Want More Money... by TechForensics · · Score: 1

      The counter to them actually getting that larger piece isn't to have them ask for less...it's for the other people providing value to the business to say no.

      Sadly, isn't it true the labels can do pretty much anything they want with (to) new and unsophisticated artists? Don't most just sign "the contract" without reading it because "my God we're going to be BIG they're giving us a MILLION DOLLARS to record our first gold record!" The percentages and revenue sources in the contracts will simply change and it's done. No chance for ANYONE to say "no". I'll bet the labels as a matter of course helpfully refer new artists to a list of "independent" attorneys who will really do a great job of reading those contracts and representing them. This is an old story, the business unsophisticate's getting screwed by the sharks, that takes advantage of unequal bargaining power. Possibly, pre-successful musicians need an honest union (most unions are probably honest and work hard for their members).

      Either that or the megabands need to help recognize and promote talent to the point it begins to succeed without the likes of Sony/BMG, the most expensive "agents" in the world.

      Who but, say, Radiohead is in a better position to know what new, great music is? Let them include some links on their site to encourage attention to these bands.

      You know, they say power corrupts; and we KNOW money does. Sony was well-liked and well-respected, I think, until they bought media rights and essentially became a media company. Greed, it seems, can poison anything. What do consumers around the world think of Sony now?

      --
      Those are my principles, and if you don't like them... well, I have others.
    9. Re:The Labels Want More Money... by UnderCoverPenguin · · Score: 3, Interesting

      Possibly, pre-successful musicians need an honest union

      A friend of mine once made the mistake of joining a musicians' union. Never did him any good, and now, he can't perform at all without first paying dues to said union. Even before the economy collapsed, he could not get enough money to be worth performing.

      --
      Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    10. Re:The Labels Want More Money... by mccabem · · Score: 1

      Rule #1) The RIAA are f**kers and are only trying to figure out how they can continue being f**kers.
      Rule #2) I know it was intended as intelligent commentary (and it was even mostly taken as such), but absolutely no defending or apologizing for the RIAA or their members. They have plenty of lawyers for that, so let 'em continue doing their jobs.
      Rule #3) There's no Rule #3. Just read on...

      The recording industry probably served a purpose back in the stone ages when all the current music people could know of on their own was in their immediate vicinity - local. The recording industry (rather, its future members) could easily bring in recordings from everywhere they had a scout listening for good, new music. That was a good deal.

      Then when radio came along a millenia or two later the recording industry put up a hissy (like today), but ultimately coopted the radio broadcasting industry. Welcome to Schlock Radio. As the DJ's went on to pasture, the recording industry was taking over.

      Today the recording industry is simply an outmoded institution that didn't have a sunset clause to kick in once their usefulness had been exceeded. (Hint: We need these on pretty much all non-privately owned businesses. Not a bad idea for your private business either, IMO.) As it stands, they seem to me like a zombie industry. No life in it, but it just won't die.

      Oh my, the irony in the #10 Way To Kill A Zombie.

      -Matt

  7. $15 for a CD with 1 good song? Doesn't fly. by Silentknyght · · Score: 4, Insightful

    "It's not at all clear that digital economics can make up for the drop in physical."

    Well, no shit. Their old business model of selling a $15 CD with 1 good song---aka ripping people off--doesn't fly anymore. If you just want that one song, you just buy that one song.

    Digital sales aren't going to match physical sales because--plain and simple--there's a lot of complete crap out there that people don't have to buy, anymore.

  8. Can someone help me figure out the ethics of this? by CrazyJim1 · · Score: 0, Troll

    On one hand, it isn't right to steal. On the other hand, nothing is being stolen.
    On one hand you have a bunch of jerks suing grandmothers. On the other hand you have a bunch of jerks suing college kids.
    From what I can see, piracy actually helps society. More people get the valuable information they want and need to help them with their education and productivity. There is a small loss in that there is less value produced for the creator. And there is a chance that if things go out of control in favor of the pirates that the loss can become big. I just wonder. I sometimes wonder if pirates leveled the playing field so that people got almost no monetary value from what they're making, would people stop making things altogether. And I think the amount being made would be reduced, but it wouldn't be gone completely.

    I think stuff would have to be funded from governments and foundations instead of trying to find a profit. Intellectual property could then be thought of as more like public roads and less like private bars of gold. This is just stuff I think about when I wonder why we don't have a centralized Internet library yet. I think the value of a centralized Internet library may outweigh the loss of new stuff produced.

    Anyone want to field this..? Anyone who isn't highly biased towards the music industry... Because they never want to rationally think it through. They just want to maximize profits at all costs.

  9. ...and good riddance by jesterzog · · Score: 1

    Instead, the music industry is now hoping to find growth from a variety of other revenue streams it has not always had access to, like concert ticket sales and merchandise from artist tours.

    Meanwhile I think I'll go straight to the artists and the more relevant publishers/studios who work with them, and have a better understanding of the current industry and which don't have huge overheads in place that make them slow to adapt.

  10. CDs are Digital by corsec67 · · Score: 0, Redundant

    CDs are digital.

    They mean downloads?
    Or music with no physical medium that is sold?

    (Go ahead, mod me +1i Pedantic)

    --
    If I have nothing to hide, don't search me
    1. Re:CDs are Digital by Icarium · · Score: 1

      I dunno, CD's seem pretty physical to me.

    2. Re:CDs are Digital by freedom_india · · Score: 1

      He was referring to audio fidelity & encoding.
      A tape is analogue (although you could make it digital by using it to record my Commodore 64 programs) . A LP is analogue. A CD is digital.
      The medium is physical in all cases.
      The modulation and encoding differ.
      I prefer tapes. Easy and quick.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  11. Missed the boat + 10 years. by w0mprat · · Score: 1

    When I first encountered Napster I truly believed it was the start of a revolution. I considered it a matter of months before some kind of legit business model was made out of it.

    I also believed with some money it would improve massively, and within a few years cds would be a thing of the past. I stopped holding my breath when the first few, half-wit lawsuits arrived a fewyears later....

    --
    After logging in slashdot still does not take you back to the page you were on. It's been that way for 20 years.
    1. Re:Missed the boat + 10 years. by Captain+Splendid · · Score: 1

      Missed the boat + 10 years.

      Fuck me, I hadn't even thought it had been that long. These guys aren't just stupid in the face of changing reality, they've been willfully stupid for over a decade on this issue. Oh well, their loss is Steve Job's gain, I guess.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    2. Re:Missed the boat + 10 years. by TaoPhoenix · · Score: 1

      Oh, it was the start of a revolution all right. It was the Download Heard Around The World.

      Problem is your second sentence doesn't necessarily follow. Was it the War of 1812 where the British wanted the rematch?

      The lawyers and execs dragged it all out for a decade, but we're seeing the momentum build to *something*. But expect another decade of thrashing before it all shakes out.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    3. Re:Missed the boat + 10 years. by SanityInAnarchy · · Score: 1

      expect another decade of thrashing before it all shakes out.

      Knowing how these people think and work, and simply crunching the numbers, I can tell you that they won't last another decade. They simply don't have the money to do so, the way they've been burning it.

      --
      Don't thank God, thank a doctor!
  12. amazon by bcrowell · · Score: 4, Informative

    It's strange that nobody ever talks about Amazon. You can buy MP3's on Amazon for 89-99 cents per track, complete albums typically for about $8. I ripped all my CDs to mp3 this year, tossed the CDs in a dumpster, and am now buying music only on Amazon. I love not having piles of CDs lying around and making my house messy. Amazon sells music with no DRM. It works on any OS that can run a web browser.

    iTunes, on the other hand ... yeesh. It's a completely proprietary system, and it doesn't run on my OS. It's also got DRM (although the DRM is fairly easy to circumvent).

    1. Re:amazon by Hashi+Lebwohl · · Score: 3, Insightful

      For the approx 300 million people in the USA, perhaps. I wish I could use Amazon, I really do, but living in Aus prevents me. WHY can they not sell to people outside of the USA? I'm guessing it is again the record labels that impose this crap. Well, fuck you very much, RIAA, I'll just make my own, cheaper, arrangements.

      --
      I'm in to sadism, bestiality and necrophilia. Am I flogging a dead horse?
    2. Re:amazon by Anonymous Coward · · Score: 0

      Of course, now that you threw out your CDs you can no longer give the "fair use" argument that allows you to make copies in a different format for personal use. Without the physical CD you have no proof that you actually purchased the music to begin with. That's why I have 400 cassette tapes in storage....

    3. Re:amazon by SanityInAnarchy · · Score: 1

      Of course, though it might not be entirely legal, it would be pretty easy to arrange with someone inside the US. Like any other exporter, only much cheaper shipping.

      But that's the same mistake you usually only find DRM'd media making -- if you have to do something illegal anyway, why bother paying for the privilege?

      --
      Don't thank God, thank a doctor!
    4. Re:amazon by Warll · · Score: 1

      So while I'm breaking the law anyway why not save myself some money and send a message to the labels, that its their job to get the product to me!

    5. Re:amazon by ion.simon.c · · Score: 1

      I ripped all my CDs to mp3 this year, tossed the CDs in a dumpster...

      You poor bastard. You should have used something lossless like FLAC. Disk space is cheap, and a compressed size of 70->80% of WAV is nothing to sneeze at. Plus, you can reencode to *ANY* future format w/out worrying about a horrific loss in quality. (OGG <-> MP3, anyone? :( )

    6. Re:amazon by zymurgyboy · · Score: 2, Funny
      Easily solved...

      1) Make friends with someone living in America with a *nix box

      2) Get US credit card

      3) ssh -D 6666 youracct@yourpal.com

      4) Configure SOCKS 5 proxy to get webby goodness from localhost on 6666 in Firefox network prefs

      5) Australia? Where the hell is that?

      --
      If you never make mistakes, it's probably because you're not doing anything.
    7. Re:amazon by MtViewGuy · · Score: 1

      But what will really spur on digital sales is the possibility of music in downloadable digital form using Apple Lossless or FLAC "lossless" compression. With broadband speeds now increasing and hard disk storage so cheap nowadays, using these formats is less of an issue, and wouldn't you love to hear truly CD-quality digital music you can download legally that sounds great even on a high-end stereo system?

    8. Re:amazon by Anonymous Coward · · Score: 0

      I have come to the same conclusion as well but adding Pandora to the mix... I find an artist, type that into Pandora, listen for a while to the other stuff it recommends, then have the option to buy stuff I like off Amazon at a cheaper rate than CDs. On the downside it has made my music collection kinda weird...

    9. Re:amazon by bcrowell · · Score: 1

      You poor bastard. You should have used something lossless like FLAC. Disk space is cheap, and a compressed size of 70->80% of WAV is nothing to sneeze at. Plus, you can reencode to *ANY* future format w/out worrying about a horrific loss in quality. (OGG MP3, anyone? :( )

      Disk space is cheap, but backup space isn't. I don't want to have to have a stack of a hundred disks to back up my music collection, because the whole point was to get rid of the physical media.

      Sure, theoretically the need for transcoding in the future might be a problem. But realistically, why would I want to do that? The mp3 patents are in the process of expiring. Ogg failed; it didn't get any significant traction before mp3 patents started expiring, at which point it became irrelevant.

    10. Re:amazon by bcrowell · · Score: 1

      wouldn't you love to hear truly CD-quality digital music you can download legally that sounds great even on a high-end stereo system?

      No, mp3 sounds just fine to me, and I have a reasonably good stereo. I'm a complete nonbeliever in the kinds of things that audiophiles claim to be able to hear. I can believe that people can hear the difference between digital (no background hiss) and analog (background hiss). I can believe people can hear the difference between one set of speakers and another, or a difference in the acoustics of the room. I don't believe in anything other than that. There's a reason that audio magazines never do double-blind tests -- if they did, they'd have to admit that they're making it all up.

    11. Re:amazon by Taibhsear · · Score: 1

      Should have sold the discs instead of throwing them out.

      Personally I "threw out" all of my jewel cases (really in mom's basement, read: my old bedroom) and kept all the liners and discs. I have two suitcase looking things from meritline with hanging folders to put all them in. Very neat and organized. Takes up limited space (especially considering I have about 1000 cds) and keeps my hard copies available in case my drives crash.

      $1 for a non-full lossless digital track in my opinion is a ripoff. I would love to be able to legally download FLAC files, but none of the bands I listen to aside from nine inch nails actually supports it. Frankly, I'm getting really fed up by it too.

    12. Re:amazon by MtViewGuy · · Score: 1

      Actually, you can hear the difference between an MP3-compressed file and the original CD--for one thing, the treble tends to sound quite a bit more harsh on the MP3 version. That's why I would support a lossless format such as Apple Lossless or FLAC once broadband speeds improve.

    13. Re:amazon by ion.simon.c · · Score: 1

      Disk space is cheap, but backup space isn't.

      For me, they're one and the same. ;)

      Sure, theoretically the need for transcoding in the future might be a problem. But realistically, why would I want to do that?

      Re-mixing? Mashups? Really, anything other than just listening to the audio.

  13. Uh huh. by newtown1100 · · Score: 1

    ...and you thought that cheap over compressed art-less bits of data were NOT going to outsell overpriced over compressed bits of plastic?

    --
    nonexistent sig
  14. Re:$15 for a CD with 1 good song? Doesn't fly. by crakbone · · Score: 1

    Actually when you think of it, no distribution, no packaging engineers, you dont have to add those RFID tabs to keep them from being stolen, lack of store theft, not having to pay for that super plastic wrap they put on them, not having to pay for the stamping of the cd's, or the cases, cover art is simpler, marketing is simpler, they cover a broader market and instant marketing feed back. How can they not be making hand over fist, unless they pay unreal amounts for their lawsuits and drm. Not only that most artists are making their big money on the concert tickets.

  15. Re:Can someone help me figure out the ethics of th by Renegade+Iconoclast · · Score: 5, Insightful

    It isn't right to steal, it's true. However, our rights to the public commons have been stolen by Disney and Congress. Irving Berlin's estate still gets royalties for Blue Skies, for crissakes. Therefore, perhaps a bit of civil disobedience is in order. It depends on your calculations.

  16. Re:$15 for a CD with 1 good song? Doesn't fly. by penginkun · · Score: 1

    Well, no shit. Their old business model of selling a $15 CD with 1 good song---aka ripping people off--doesn't fly anymore.

    So there's never been an artist with an album that was consistently good? REALLY?

  17. How Music Used to Be by mkiwi · · Score: 4, Insightful

    I simply don't like the music produced right now, and I don't think I'm alone. In the 60's through the 90's, the defining part of each piece of music was typically the melody. We listened to things that had beautiful sounds and chords. We had thought provoking lyrics that read like poetry, or lyrics that one could simply associate with.

    Now music is so hip-hop/rap influenced that the only thing the composers seem to think about is the beat and the star-power behind each act. This commercialization + beat + weak melody is just not working a vast minority, if not a majority of music listeners. A song today probably only has a single catchy part that lasts a few seconds, and the rest is trash. We are expected to buy this music so we can hear the 5 seconds we like of a 3:30 min song. What about the song as a complete work of art?

    This problem has always existed, but before it typically showed up as filler in an album. Now the album has been scaled down to fit inside of one song, and it's just not a compelling experience.

    Really young people are going to like whatever is produced because they don't know anything better- that is certainly a big market. However, the music industry has almost completely lost the 18+ crowd by trying to cater to people who have relatively unestablished tastes. They got away from the fundamentals and they're getting severely burned. If they produced good work and were losing money to piracy, I would feel sympathy for the artists and even a little for the labels who do the sound engineering. Since their work is crap, though, I'm not spending a cent on any music they produce.

    1. Re:How Music Used to Be by Captain+Splendid · · Score: 1

      Meh. While I'm generally on your side (fave bands the Beatles and Led Zep for starters), looking at the ~500 4 and 5 star rated songs I have in iTunes that were released this millenium says that you're not looking hard enough.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    2. Re:How Music Used to Be by germansausage · · Score: 2, Insightful

      "the defining part of each piece of music was typically the melody. We listened to things that had beautiful sounds and chords. We had thought provoking lyrics that read like poetry"

      Speak for yourself dude. I was listening to Motorhead the whole time.

    3. Re:How Music Used to Be by musicalwoods · · Score: 2, Informative

      I simply don't like the music produced right now, and I don't think I'm alone. In the 60's through the 90's, the defining part of each piece of music was typically the melody. We listened to things that had beautiful sounds and chords. We had thought provoking lyrics that read like poetry, or lyrics that one could simply associate with.

      Oh, that music is still being produced, just (mostly) not by the big recording companies.

    4. Re:How Music Used to Be by Macrat · · Score: 1

      I simply don't like the music produced right now, and I don't think I'm alone.

      You mean you didn't buy the Dr. Horrible soundtrack?

    5. Re:How Music Used to Be by Alarindris · · Score: 1

      You're so right.

      It seems like a large majority of bands start with a familiar chord structure they have heard before and are nice and comfortable with and then they improvise a vocal melody above it.

      That is shit writing. Come up with the melody first and whatever chords happen to fit go with it, plus you have options for chord substitutions because that isn't the driving part of the song.

      I V mIII IV

      I swear almost every song I hear these days uses that same god damn chord progression. I call it the "When I Come Around" progression, the first time I had played it, though I'm sure it was popular long before that.

    6. Re:How Music Used to Be by SanityInAnarchy · · Score: 2, Insightful

      Now music is so hip-hop/rap influenced that the only thing the composers seem to think about is the beat and the star-power behind each act.

      Having recently seen an Umphrey's McGee concert, I can pretty confidently ask, WTF are you talking about?

      Maybe popular music is crap, but there a lot of music out there -- most of it independent, and some of it refreshingly new (not intentionally "retro") -- which is genuinely good, melody-driven, and artful.

      This problem has always existed, but before it typically showed up as filler in an album.

      Since people can now buy individual songs, it's harder to sell an album with filler in it.

      I consider that a good thing, overall. It means that if they're going to make every song mostly filler, I can tell pretty quickly whether or not to like the album.

      Really young people are going to like whatever is produced because they don't know anything better- that is certainly a big market.

      Maybe I'm just naive, or insulated, but many of the young people I know have varied and eclectic tastes of their own. Almost all of them dig Hendrix and the Beatles. Kids as young as 15 -- I know that described my own tastes at 15, also, though I also had an unhealthy tendency towards death metal.

      To me, the more irritating trend is the loudness wars. The latest Metallica album sounds better on Rock Band than it does on CD, because Rock Band didn't compress the range. When that happens, you know something is very, very wrong.

      --
      Don't thank God, thank a doctor!
    7. Re:How Music Used to Be by Anonymous Coward · · Score: 0

      Did you just tell me to get off your lawn?

    8. Re:How Music Used to Be by kombipom · · Score: 1

      The majority of music in the charts has always been rubbish. I'm no music historian but I'll bet if you look at the singles chart in the week The White Album was released you would find a lot of howlers.

      There are plenty of bands recording now who are centred on the melody and/or have witty, meaningful lyrics you just won't find them playing on dodgy commercial radio stations.

      You don't even have to make that much of an effort, try LastFM, it should point you at some new stuff based on what you already like.

    9. Re:How Music Used to Be by Anonymous Coward · · Score: 0

      Granddad, is that you...?

    10. Re:How Music Used to Be by Anonymous Coward · · Score: 0

      Now music is so hip-hop/rap influenced that the only thing the composers seem to think about is the beat and the star-power behind each act.

      Bullshit. There is plenty of decent music being produced these days. You just need to go out and look for it. As for melody vs. rhythm, that is just your personal preference, because musically, it's simply silly to think that one is inheritly better than the other.

    11. Re:How Music Used to Be by Anonymous Coward · · Score: 0

      Try metal...

    12. Re:How Music Used to Be by pregister · · Score: 1

      Also, get the hell offa my lawn.

      There is an amazing amount of very good music being made today. If your tastes don't match up with what you're hearing on the radio you just have to look elsewhere. There are thousands of excellent music blogs discussing and giving samples of just about any genre of music.

      I don't listen to the radio. Can't stand the stuff they play. I do listen to and discover tons of new music, though. Hell, I meet up with an old high school buddy on instant messager once per week. We each recommend one song to the other. I usually end up buying the whole album.

      It might take a bit more work to locate whatever type of music you like than just turning on the FM radio...but if you're hoping to simply be spoon-fed music, you just have to hope you like whatever it is they are putting on the spoon.

    13. Re:How Music Used to Be by onkelonkel · · Score: 1

      If Lemmy and God shot a game of pool who would win?

      Trick Question. Lemmy is God.

      --
      None of them can see the clouds; The polished wings don't care.
    14. Re:How Music Used to Be by SST-206 · · Score: 2, Insightful

      I simply don't like the music produced right now, and I don't think I'm alone. In the 60's through the 80's, the defining part of each piece of music was typically the melody. We listened to things that had beautiful sounds and chords. We had thought provoking lyrics that read like poetry, or lyrics that one could simply associate with.

      There, fixed that for you. Older readers may wish to substitute 70's or just stay in the 60's.

      While I agree with your sentiments about cheap pop crap, there is good music out there in every decade; it sometimes just takes time to discover. The problem remains the same as ever: lots of dross obscuring the talent. It used to be commercially-driven manufactured pop stars under the wing of major labels. Now we have a democratised industry with cheap studio gear/time, and MiceBase (owned by Rupert Murdoch) is full of bedroom wannabees clamouring to sell out all over again. The independent artists with their own websites/distribution are there, once you start looking. Some are good, and hopefully will thrive.

      --
      Co-operation beats competition
    15. Re:How Music Used to Be by Anonymous Coward · · Score: 0

      One of the poorest demographics of America creates something that takes over the world and that's all you have to say about it?

      Your ignorance is probably only matched by you complete inability to move your body in a fashion that somewhat resembling dancing.

    16. Re:How Music Used to Be by happyfeet2000 · · Score: 1

      The world does not end at the US borders, look at Germany and Scandinavia: Rammstein, Therion, In Extremo, Nightwish, Ayreon. Check out Zillo.de and Beauty in Darness collections.

    17. Re:How Music Used to Be by plasmacutter · · Score: 1

      One of the poorest demographics of America creates something that takes over the world and that's all you have to say about it?

      Your ignorance is probably only matched by you complete inability to move your body in a fashion that somewhat resembling dancing.

      If you're referring to hip-hop, hip-hop itself was excellent, and gave rise to everything from modern trance (hip-hop and new wave had a baby :D ) to bleeding edge, chaotic industrial, but don't equate grating, shitty rap with hip-hop.

      hip-hop was all about taking the best of other songs, extending them, having fun with them, and being real. Rap is about adopting a fake persona and shocking your elders with as much bombastic swearing as you can.

      hip-hop is to rap what fine, amish built dressers are to those particle board "things" they sell at wal-mart.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    18. Re:How Music Used to Be by Anonymous Coward · · Score: 0

      Sheesh, speak for your own teenagers. Most of the ones I know are by far getting into alternative music to the crap that the music companies like to bandy about. I tell you what though, I feel annoyed when I look at the cds I've borrowed from my parents, and I see Atlantic Records, or EMI, or Columbia.

  18. Can we get a new tag here? by zappepcs · · Score: 1

    Tag this one ripvanwinkle or rtfmripvanwinkle....

    Bajebus! Is this guy reading 5 year old newspapers? Can we all chip in and buy the RIAA a cake that says "welcome to the 21st Century" and underneath that 'dickheads'....?

    On the other hand, I thought we already had a noshitsherlock tag?

    It's good to see that someone is awake in this industry, after such a long nap, perhaps now is the time to really swing with the clue stick. What I mean is perhaps now would be a really good time to stage one of those 'day without downloads' or 'week with out CDs' kind of things to get their attention. As we are coming up to the shopping season it might mean something?

  19. Re:Can someone help me figure out the ethics of th by deraj123 · · Score: 2, Interesting

    Ethics in this situation are pretty subjective to which part of the issue you're seeing. However, I'd have to say that, no, people would not stop making things altogether. You'd have people producing as a hobby. You'd have new business models. Look at open source. Sure, it's software, rather than "art", but if you compare it as a business opportunity, it becomes obvious that there are viable business models out there that aren't destroyed by "piracy". And, I think that "funded from governments" would be more likely to stifle creative expression than influence it. However, going back to foundations and benefactors - that has potential.

  20. Re:$15 for a CD with 1 good song? Doesn't fly. by deraj123 · · Score: 1

    Sure there has been. That doesn't change the business model. It just means that they put in a little bit extra effort at some point - or got lucky.

  21. New ways to rip off artists. by Anonymous Coward · · Score: 0

    Instead, the music industry is now hoping to find growth from a variety of other revenue streams it has not always had access to, like concert ticket sales and merchandise from artist tours.

    "Since we can't make as much money ripping off artists selling music, let's take money from artists when they go on tour and sell stuff."

    1. Re:New ways to rip off artists. by FictionPimp · · Score: 1

      That is exactly how I read that.

  22. Oblig. Simpsons Quote by Anonymous Coward · · Score: 0

    Now, now, I'm not greedy. As long as I've got my millions of dollars and my solid gold house, that's good enough for me.

    1. Re:Oblig. Simpsons Quote by foniksonik · · Score: 1

      Is that you MC Hammer... where did you find a time machine? I though they sold your solid gold house back in 2000? Oh... Alzeheimers? Really, that's too bad.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  23. RIP Sound Quality by fyrie · · Score: 1

    We've sent a very powerful message that says the buying public doesn't give a rip about audio fidelity.

    1. Re:RIP Sound Quality by im_thatoneguy · · Score: 3, Funny

      That message was sent 25 years ago. It was delivered on a cassette tape.

    2. Re:RIP Sound Quality by vonFinkelstien · · Score: 1

      I've done the reverse. I've stopped buying digital downloads (except the odd case of iTunes Plus content every blue moon). Now I try to only buy SACDs.

    3. Re:RIP Sound Quality by fyrie · · Score: 1

      I've purchased a few SACDs, but it seems to be more or less a dead format. Best Buy isn't carrying many SACD players these days.

      Perhaps the very small resurgence in LPs is a sign of hope.

    4. Re:RIP Sound Quality by cgenman · · Score: 1

      Have you listened to the clipping on a modern audio CD?

      You might have a point that convienience trums fidelity in this case, except that the labels have been throwing fidelity away for years.

    5. Re:RIP Sound Quality by ciderVisor · · Score: 1

      Have you listened to the clipping on a modern audio CD?

      That's a bit of a red herring. Properly mastered CD tracks which are mixed for listening in a quiet environment sound better than tape or vinyl. 16-bit linear PCM @ 44.1kHz is to all intents and purposes 'perfect'.

      --
      Squirrel!
    6. Re:RIP Sound Quality by plasmacutter · · Score: 1

      Have you listened to the clipping on a modern audio CD?

      That's a bit of a red herring. Properly mastered CD tracks which are mixed for listening in a quiet environment sound better than tape or vinyl. 16-bit linear PCM @ 44.1kHz is to all intents and purposes 'perfect'.

      except they don't master them worth a crap. Ever since they "went digital" there is this prevailing mentality that the machines should do it all for them. Most of the people i know who did sound engineering are now in another profession.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  24. Re:Can someone help me figure out the ethics of th by Thing+1 · · Score: 4, Insightful

    From what I can see, piracy actually helps society.

    Please, PLEASE stop calling copyright infringement "piracy". Piracy happens on the high seas, generally, lately, near Somalia. And it can be deadly, as the pirates who tried to attack the Indian Navy vessel learned last week.

    Copyright infringement is not even stealing; it's copying. Stealing (legal definition) involves depriving the owner of their property, but copying does not do that; rather, it enriches both parties.

    In addition, corporations have stolen from the public domain that was granted access to all works after a short period of time, as defined by the US Constitution. So, these corporations have reneged on their social contract, and therefore do not deserve to have their copyrights respected (note that this last part has not been confirmed by the courts, but it should, soon; Google "Lessig Eldred").

    And I agree: rampant copying does help society, because it helps us ensure that we bring forward our culture, rather than letting it rot, forgotten, in unmarketable silos.

    --
    I feel fantastic, and I'm still alive.
  25. Re:Can someone help me figure out the ethics of th by mabhatter654 · · Score: 1

    the one saving grace of Lessing's argument to the Supreme Court is that Congress is allowed to roll back the copyright time if we can ever convince them to do it. The court said Congress sets the term. I'd like to see a push to get it rolled back 50 years and see how they squirm!

  26. Atlantic Records are bad guys by NewYorkCountryLawyer · · Score: 5, Informative

    Atlantic Records is one of the most common plaintiffs in the RIAA cases. (Here are some in which it is the first named plaintiff: Atlantic v. Andersen(Portland, OR) Atlantic v. Anderson (Houston, TX) Atlantic v. Boggs (Corpus Christi, Texas) Atlantic v. Boyer (Tampa, FL) Atlantic v. Brennan (New Haven, CT) Atlantic v. Dangler (Rochester, NY) Atlantic v. DeMassi (Houston, TX) Atlantic v. Does 1-14 (Portland, ME) Atlantic v. Does 1-25(New York, NY) Atlantic v. Howell (Phoenix, AZ)(pro se) Atlantic v. Huggins(Brooklyn, NY) Atlantic v. Lenentine (Portland, ME) Atlantic v. Myers (Jackson, MS) Atlantic v. Njuguna (Charleston, SC) Atlantic v. Raleigh (Missouri) Atlantic v. Serrano (San Diego, CA) Atlantic v. Shutovsky (New York, NY) Atlantic v. Zuleta (Atlanta, GA)...) As far as I'm concerned they should rot in hell.

    --
    Ray Beckerman +5 Insightful
    1. Re:Atlantic Records are bad guys by TaoPhoenix · · Score: 1

      Can we get a +1 Hero moderation option? NYCL is beyond Informative merged with Insightful into a class all his own.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    2. Re:Atlantic Records are bad guys by musicalwoods · · Score: 1

      Atlantic Records is one of the most common plaintiffs in the RIAA cases. As far as I'm concerned they should rot in hell.

      I think you say that for most of us, sir. Not only that, you actively take part in protecting innocents while fighting against them. Thank you.

    3. Re:Atlantic Records are bad guys by Anonymous Coward · · Score: 0

      That seems to be a lot of Does.

      And it certainly seems to be going that way. They might yet mutate into something interesting -- corporations are not all of the same mind, and if you only see them as a single entity, they can appear downright schizophrenic.

      But it seems far more likely that they will simply continue fighting the change until it overwhelms them. They're running out of money and out of time.

      It'll be fun to watch.

    4. Re:Atlantic Records are bad guys by Falconhell · · Score: 2, Funny

      Hey, tell us what you REALLY think Ray!

      (-:

      Thanks for the great work you do!

    5. Re:Atlantic Records are bad guys by jonaskoelker · · Score: 1

      You can put yourself on his fan list (http://slashdot.org/~NewYorkCountryLawyer/fans) and give him an instant +6 Friend moderation :)

      On it you can read the following bit, in which Ray's words mesh humorously with the text of the slashdot link:

      Nothing I say on Slashdot should be construed as legal advice; for that you need to consult with a lawyer with whom you have a one-on-one relationship.
      Change your relationship with NewYorkCountryLawyer

    6. Re:Atlantic Records are bad guys by Anonymous Coward · · Score: 0

      In fairness, they'll get listed as first plaintiff an awful lot because their name starts with A.

    7. Re:Atlantic Records are bad guys by NewYorkCountryLawyer · · Score: 2

      Can we get a +1 Hero moderation option? NYCL is beyond Informative merged with Insightful into a class all his own.

      Thanks Tao. Much appreciated.

      --
      Ray Beckerman +5 Insightful
    8. Re:Atlantic Records are bad guys by NewYorkCountryLawyer · · Score: 1

      Atlantic Records is one of the most common plaintiffs in the RIAA cases. As far as I'm concerned they should rot in hell.

      I think you say that for most of us, sir. Not only that, you actively take part in protecting innocents while fighting against them. Thank you.

      Thanks, musicalwoods. Appreciate your support.

      --
      Ray Beckerman +5 Insightful
    9. Re:Atlantic Records are bad guys by NewYorkCountryLawyer · · Score: 1

      Hey, tell us what you REALLY think Ray! (-: Thanks for the great work you do!

      Not that I have any strong feelings about it.

      --
      Ray Beckerman +5 Insightful
  27. Practical ethics: a deal is a deal by symbolset · · Score: 2, Insightful

    A fair deal that we've had since time dancing around a campfire was a political gesture is that songs and stories and legends and art become apart of the commons after a period of time. We've made a deal with the artists and their representatives that they can have exclusive use of their works for a limited time in order to encourage them to make more. That's "the deal".

    With their exploitive contracts, exclusive play deals, abusive lawsuits and lobbying to get the "limited time" extended to "essentially forever", they undermine every possible benefit in an attempt to "improve their deal". They just don't get - and they won't ever get - that the deal they're breaking is the one that allows them to profit at all.

    A growing share of people consider the deal broken and its terms no longer binding and they are enforcing their view of things by technical force. This may not yet be legal, but it certainly is ethical and eventually the law tends to come around to the common point of view. At first there were only a few remix geeks and DJ's. Now the amount of storage media sold in a day outstrips a year's published sales of content. I suppose it's the vast majority of people now and demographically more often the young. The young are responsible for the most enduring social changes so this change looks fairly permanent. As the years go on peer pressure will kill the rest of their market - "Kalen bought encrypted music again? He didn't learn the last six times! (tee hee)."

    Copyright as applies to media content is a dead letter. It should be abolished. Maybe after a generation it can be started again with strict limits to ensure it doesn't follow the same hateful course.

    --
    Help stamp out iliturcy.
    1. Re:Practical ethics: a deal is a deal by plasmacutter · · Score: 1

      A fair deal that we've had since time dancing around a campfire was a political gesture is that songs and stories and legends and art become apart of the commons after a period of time. We've made a deal with the artists and their representatives that they can have exclusive use of their works for a limited time in order to encourage them to make more. That's "the deal".

      With their exploitive contracts, exclusive play deals, abusive lawsuits and lobbying to get the "limited time" extended to "essentially forever", they undermine every possible benefit in an attempt to "improve their deal". They just don't get - and they won't ever get - that the deal they're breaking is the one that allows them to profit at all.

      A growing share of people consider the deal broken and its terms no longer binding and they are enforcing their view of things by technical force. This may not yet be legal, but it certainly is ethical and eventually the law tends to come around to the common point of view. At first there were only a few remix geeks and DJ's. Now the amount of storage media sold in a day outstrips a year's published sales of content. I suppose it's the vast majority of people now and demographically more often the young. The young are responsible for the most enduring social changes so this change looks fairly permanent. As the years go on peer pressure will kill the rest of their market - "Kalen bought encrypted music again? He didn't learn the last six times! (tee hee)."

      Copyright as applies to media content is a dead letter. It should be abolished. Maybe after a generation it can be started again with strict limits to ensure it doesn't follow the same hateful course.

      While I share your sentiment, I don't share your rather rosy point of view.

      Case and point: marijuana and LSD

      I think the age in which the government served the people and was willing to admit its mistakes ended when the cold war began, and the last major mistake they rectified was the volstead act.

      This is the achilles heel of democracy: while it's hard to enact laws, it's hundreds of times harder to repeal them.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:Practical ethics: a deal is a deal by symbolset · · Score: 1

      The repeal of alcohol prohibition happened, and it was more an acknowlegement of the harmfulness of the attempt than an evaluation of the merits of alcohol.

      MJ legalization and copyright rationalization are both about the same thing: the public will not obey a law that is patently unfair unless the thing proscribed is one they didn't want anyway. Such laws harm the governed by promoting lawlessness.

      LSD? You're on your own there. It's not popular enough for refusal to obey the ban to cause social harm to society in general, and it never will be. People in general don't want it, legal or not.

      --
      Help stamp out iliturcy.
    3. Re:Practical ethics: a deal is a deal by plasmacutter · · Score: 1

      LSD? You're on your own there. It's not popular enough for refusal to obey the ban to cause social harm to society in general, and it never will be. People in general don't want it, legal or not.

      you're kidding right?

      Research the history on this one. the tabs were sold in major catalogues with the same listing glut as obama memorabilia has now.

      It's certainly not an everyday kind of thing, but then again most people don't set off fireworks or fire their weapons every day either.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    4. Re:Practical ethics: a deal is a deal by symbolset · · Score: 1

      Research the history on this one. the tabs were sold in major catalogues with the same listing glut as obama memorabilia has now.

      I don't have to research the history. I was there.

      Don't get me wrong - I'm not unfairly biased against LSD. There are occasions where tripping fry can be therapeutic and/or fun, in an appropriate setting with trusted sober friends or under the supervision of a qualified professional. It can be educational and harmless. The research in the field is both broad and deep and there's a lot of upside potential. There's also some small downside risk even in the best of cases and in many situations that arose daily from common use raised the risk to unacceptable levels. Plus, the period while a person is incapacitated while high varies by the individual not the dose and can be quite variable even with the same individual and dose, which adds an unacceptable uncertainty to the recreational fry weekend among people who work for a living. Some few people suffer schizophrenic or other psychotic episodes under LSD influence, though I'm not sure it's not just revealing a latent tendency. LSD is still available on the black market and it's so easy to make that it always will be, but there will never be a hue and cry to overturn its ban.

      Further psychoactive chemical research has given us E, which could eventually become that popular. And continuing research brings us compounds every year that are too new to be listed, and so are still legal until they rise to the level of popularity where they catch the attention of The Man so we will never fail of new and interesting trips if we're so inclined. Chemically enhanced navel gazing will not stop just because LSD is banned.

      And... we're thoroughly off topic.

      --
      Help stamp out iliturcy.
  28. RIP hearing by argent · · Score: 1

    What's that, son, you say the buying public dented a rapper's Audi Quattro?

  29. Re:$15 for a CD with 1 good song? Doesn't fly. by Starayo · · Score: 1

    Stop posting this, seriously. Nobody has once said that there was never an artist with a totally good album, just the truth: the majority of them are complete shite. The only albums I have ever completely enjoyed were Santana's.

    --
    Ezekiel 23:20
  30. Re: DownTech by TaoPhoenix · · Score: 1

    Brother,

    Can you spare a bead for my abacus?

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  31. Re: Reusable by TaoPhoenix · · Score: 4, Funny

    2000 called. They want their Florida ballots back.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  32. Re:Can someone help me figure out the ethics of th by musicalwoods · · Score: 1

    On one hand, it isn't right to steal. On the other hand, nothing is being stolen.
    On one hand you have a bunch of jerks suing grandmothers. On the same hand you have a bunch of jerks suing college kids.

    Fixed that for you.

    I just wonder. I sometimes wonder if pirates leveled the playing field so that people got almost no monetary value from what they're making, would people stop making things altogether. And I think the amount being made would be reduced, but it wouldn't be gone completely.

    I listen to music that people make and release for free. Creative Commons music is great. There are quite a few artists I enjoy, and if I like them enough, I donate money to them.

    I think stuff would have to be funded from governments and foundations instead of trying to find a profit.

    Well, I think some of the arts would return to commission work, like it was in the past. Some good musicians could make worthwhile profits by releasing their music online with a donation page or a fill-in-the-box-with-what-you-want-to-pay scheme. That is the system I want to see for music. One where I am able to hear an artist's music before I spend money, and then vote with my dollars who I think is the best.
    Software would be funded by gov't/bussinesses that benefit from said software.

    Oh the fantastical imaginary worlds I create with my mind!

    I agree, though. Society could benefit from more public domain and less copyrighted works.
    Too bad this is going to end in draconian laws. :(

  33. Digital Media may have effected sales. But... by jellomizer · · Score: 1

    But it may not have been because of piracy but because increased competition. Back in 1997 you had limited sources of music if you wanted to find no-name brand brand you needed to go to those shady music shops where you feel like it will be busted for a drug operation any second. But you were more or less limited to main stream media. That and combined with the fact that most music was played publicly back then vs. Now with an iPod or other portable music player. You are no longer ostracized for listening to BlueGrass mixed with death metal. So with digital music we find what we like. Vs. just getting what were are supposed to like. Also the economy was doing a lot better in 1997 then it is now, meaning back then buying music wasn't as much a luxury as it is now.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  34. Re: Double Reduction by TaoPhoenix · · Score: 1

    You forgot to concatenate your argument with the other one.

    1 Good song - purchase 1 good song
    11 other dubious songs - paid for that stuff you mentioned.

    So their revenue went down at the same time their costs went down, so their profits might be the same on 1/10th of the raw sales.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  35. Re:$15 for a CD with 1 good song? Doesn't fly. by nwf · · Score: 1

    So there's never been an artist with an album that was consistently good? REALLY?

    There have been plenty, just much fewer recently. I generally only purchase CDs where 75% or so of the songs are good. That used to be 2-3 per week, now it's like 2 per month.

    Heck, it used to be that if I liked one CD from an artist, then I'd almost be assured to like their next one. Now, it seems, the labels push them to "grow" artistically, which generally means they start to diverge from what everyone liked about them.

    --
    I don't know, but it works for me.
  36. Re:$15 for a CD with 1 good song? Doesn't fly. by CometRico · · Score: 1
    Artists are starting to pick up on this as well, and surprisingly, are finding their own ways to make money without the help of the recording labels.

    Take, for example, what Radiohead did - let their fans decide how much to pay for the album. While with a CD you typically get $10 an album, a digital copy you may get 2-3 tracks on an album bought for around $3, Radiohead found many of their fans paying $20 and up for the album.

  37. Re:Can someone help me figure out the ethics of th by Anonymous Coward · · Score: 0

    He actually said "piracy" wasn't stealing.
    ...but yeah, copyright infringement is very different from piracy.

  38. Re:Sound Quality The Zombie by TaoPhoenix · · Score: 1

    I don't think so.

    I stayed with tapes as a cheapskate, relishing in my lack of musical finesse. I just wanted a hundred of the things to stash in my car for road trips. But once CD's began to hit the flea markets tapes were finally on their way out.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  39. Lowly scum by asamad · · Score: 1

    You mean they are going to have to work for it. Ha, the only work it seems like they are doing is talking to their lawyers.

  40. Re:Can someone help me figure out the ethics of th by Anonymous Coward · · Score: 0
    As if somehow, it is better for the artists to make 0.00 instead of 0.01.

    Tell us, is that line of crap what you really believe, or is it just how you justify your theft?

  41. more like trading cruise ships for yachts... by Anonymous Coward · · Score: 0

    trading analog dollars for digital pennies

    This is more like trading your overblown mansions for houses, or trading trillions for billions. It's not this sad pitiful situation where CEOs are somehow being victimized. After all these years, welcome to the real world music industry executives. If you're losing money on digital sales that don't cost you anything to package or distribute, you might want to ask yourself what kind of extortion your "success" came from before.

  42. Re:$15 for a CD with 1 good song? Doesn't fly. by AKAImBatman · · Score: 1

    So there's never been an artist with an album that was consistently good? REALLY?

    Sure. But that doesn't mean it's not a fluke. e.g.

    Real McCoy: Another Night - Practically every song on the CD was "good"*. They were all radio hits as well.

    Real McCoy: One More Time - The title song was it. The rest of it was filler. And rather bad filler at that. All those morals they preached in the first album? Pfff. Out the window. We need a music video of two people having sex in a public bathroom so we can include it on the disc. Sales are going to go through the roof!

    As you can imagine, the second album was nowhere near as popular as the first and ended up killing the band. No worries, though. The music industry always finds someone else to draw in, chew up, and spit out.

    * Subjectively assuming that the listener likes this sort of music.

  43. Oblig XKCD by Falconhell · · Score: 1

    In 1990 the music industry became a giant garbage recycling industry.

    http://www.xkcd.com/339/.

    Nothing original has been done since.

  44. Once physical media is gone by future+assassin · · Score: 1

    and second hand sales of digital files are restricted (Which they will be) I will no longer buy music or movies. Call me retarded by I prefer to have something to show for when I buy music or movies like a cd or dvd. I also want to sell those items when I don't want them anymore at whatever market value they fall under and to who ever I want and not be stuck with a restricted file.

    I also have no desire to have to keep/track back ups of digital music/movies I own. At least with cd's/dvd's they will most likely out last digital stored files as long as they don't get scratched and dvd/cd players are still manufactured.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:Once physical media is gone by pandrijeczko · · Score: 1

      Agree 100%.

      In fact I'd go a stage further and say that digital downloads are far more about fashion statements than a love of music. Most people want downloads because they want portability, and they want portability to be able to brag to all their schoolchums about what big music collections they have on their fashionably-coloured iPods.

      Besides which, if portability is a major criteria for your music then you are not a true music fan because you're probably listening to your iPod while doing something else, rather than just sitting there and concentrating on a really good piece of music.

      And if you have a need for "Pick N Mix" tracks then it just demonstrates you probably don't have the attention span to enjoy a really good album from start to finish or are just too damn lazy to put some passion into your music hobby and really look *hard* for good quality music - believe me, it's out there...

      I'm like you - when I can't by music on something tangible like a shiny disk then I will stop buying it. That will be a shame but I have more than enough good albums on CD to last my lifetime already so I can live with it.

      --
      Gentoo Linux - another day, another USE flag.
  45. Re:Can someone help me figure out the ethics of th by TwilightXaos · · Score: 1

    That is the system I want to see for music. One where I am able to hear an artist's music before I spend money, and then vote with my dollars who I think is the best.

    I humbly suggest Magnatune

  46. Re:$15 for a CD with 1 good song? Doesn't fly. by Falconhell · · Score: 1

    Dark Side Of The Moon.

    Wish You Were Here.

    War Of The Worlds.

    East(Bonus point if you can name the artist)

    Icehouse.

    Zenyatta Mondata.

    Crime Of the Century.

    And thats just a start!

    And thats just a start!

  47. Re: dancerecords.com by Anonymous Coward · · Score: 0

    Yeah, that made me sad, too... I liked dancerecords.com quite a bit but only ever bought vinyl there. Luckily I live in a city that has several good local vinyl stores (I just can't shop there at 3am :-). Also the discogs.com marketplace has been getting pretty good for scoring new stuff -- several US retailers are listing new releases there regularly. Depending on what you spin you might also try djhut.com out of DC... not quite the range that dancerecords used to carry but decent stock and prices.

  48. Hmmm, by Falconhell · · Score: 1

    It strikes me that sufficiently advanced programming, and the related maths, ARE art of a kind. (IANAP)

    They all need true talent to succeed.

    I worked as a Live Sound Engineer for many years,
    later I was a tour manager and Judge for Battles of the Bands.
    I saw LOTS of bands! 80% were crap.
    a further 16% were entertaining but not original.

    Of the remaining 4% only a quarter really acheived success (Made any money).

    The crap bands mostly played covers and made some money.

    Hopefully the other members of that 4% these days
    have a much better chance of doing well via the net.

    Why are my line breaks always insane after previewing??

  49. Re:Can someone help me figure out the ethics of th by AceofSpades19 · · Score: 1

    you mean writing good software isn't art?

  50. Re: DownTech by Yvan256 · · Score: 1

    Forget your fancy-schmancy abacus, I'm looking for another flat rock. Have you seen any?

  51. The real question by cgenman · · Score: 4, Interesting

    âoeThe real question,â Mr. Rose said, âoeis how does the record industry change its rights structure so it captures a fairer percent of the value it creates in funding, marketing and managing the launch of artists?â

    Arguably, when the record industry lost their stranglehold on the various ways that the public could be introduced to new acts, their marketing and launch management value creation was significantly reduced. Furthermore, competing in the much larger pool of availble unlimited digital stock, one would naturally expect prices to compete downward.

    Also, the number of ways in which the record industry payout structure has been unfairly skewed towards the record labels is well documented. One would expect this to gradually tip downwards back to a more reasonable medium.

    In the grand scheme of things, a decent recording can be made at a 10,000 dollar studio, pressed at one of any number of professional CD producers, and distributed by any number of available distributers. Add in a 1,000 dollar HD video camera for youtube promotion, and you have a comparable music system powered by the creator's time. That's a highly efficient alternative that didn't exist ten years ago.

    Assuming our cultural music needs are being met, a 25% drop in overall spending on music could easily be because we have become 25% more efficient.

    1. Re:The real question by ubermiester · · Score: 1

      your math regarding the recording process might be accurate, but where does a musician without a label get that kind of cash? And more importantly, the musician would need to sell at least 30,000 tracks (depending on the deal given by the various distribution outlets) just to get that money back (after tax). Add to that the fact that when an act gets to that level of popularity, their music is immediately added to the various torrent sites, which eats heavily into sales (I've seen my co-workers take my suggestions for new music and go straight to their fav torrent search engine without even considering itunes or amazon or whatever). Now I know the argument that people "check out" the music via torrents then for some reason reacquire the music via legit means, but how common is that really? And if there are no longer any CDs, which offer value beyond the audio files on them (the intrinsic value of holding an album in one's hands is the main reason vinyl has stuck around) why would anyone choose a pay site over a "free" site? The bottleneck created by the labels had to go, but now the opposite problem is taking over - completely unfettered access to art (in theory a good thing) with no requirement for compensation (in practice a bad thing).

    2. Re:The real question by electrons_are_brave · · Score: 1

      Yes, because artists like Trent Reznor can find ways to avoid record companies because they already have a considerable fan base and resources to do this. The problem is that the record companies sucked too hard for too long and got used to ripping off the public and artists alike. Your comment that the "argument that people "check out" the music via torrents then for some reason reacquire the music via legit means" is not really valid is absolutely correct, particularly when it comes to songs with high novelty and low longevity. Their appeal exhausts long before you bother to buy the CD.

    3. Re:The real question by Anonymous Coward · · Score: 0

      Funnily enough local musicians in Malta all have other jobs so they will be able to have that kind of cash.

      Abroad, the artist could get a normal job too!

  52. is worse to other countries by prozaker · · Score: 1

    like in mine, i bought a cd from the 'relapse' label that costed around 24 dlls. yes thats the price for decent new cd's in my country.

    Now who in their right mind would pay that upfront again? not me, ever, the cd wasnt even that good, plus i couldnt return it. So yeah it wasnt the record company, it was a store.

    but also, i decided "f-it, if im going to spend money on music, why not buy it directly from the label" this was back at '99.

    i looked up some cd's at the Earache store, and sure it was cheap, i got 2 cd's for like 20 dlls.

    but they never came, and i got charged for it.

    Earache excuse? because the girl who managed that stuff got fired...

    how am i supposed to feel when i hear that record companies are selling less cd's now? im certainly not surprised.

  53. Promotion is a mess by failedlogic · · Score: 2, Interesting

    The problem with the music business is the attempt to use money as the promotion medium. Yes it works. But it does not cater to individual tastes.

    There's a number of ways industry promotes itself. Commercial radio, newspapers, On-line - iTunes 'New Featured' albums, etc. There's magazines for Rock, Metal, etc that promote artists and include CDs of sample music - I have to think the labels push artists with $$$$$.

    I love music. I've a fine collection, IMO, of Rock, Country, Blues, Jazz and all kinds of other music. I almost always have music playing. The problem is, with my varying tastes its hard for me to find new artists I want to listen to. Without relying on Hit songs being the only measure of whats good (I do a select few of the current hit songs).

    My favorite albums though are from artits who don't get a lot of heavy promotion. Sad because the albums are playable tracks 01 to 12 or 15. And there's a quality and consistency to all the tracks. Sad to because they are signed on major labels and there's no backup - and if the album gets a 'bad' review from the press the label doesn't stand behind the artist. I almost feel like its done on purpose so they can focus on the 1 artist that will make them $200 million.

    I think the only option is for the labels to collaboratively build a Last.fm site. The 'community' has been building the site/database (I don't know all the ins and outs) for a few years. If the labels really want to keep fans interested, make sure they know about *all* your artists. Otherwise, why blow $200,000 on a new record and hope that it does well w/o any promotion.

    'Cause at this point I don't mind buying retail. I love it since I get the pressed CD. Just help guide my way to the register.

    With on-line I only wish the catalogs would expand so consumers can buy songs from 20 years ago even on not-so-well selling albums. You can't find them anywhere. And if you can the copy is $500. iTunes still has some major holes in its collection. I'm not talking about bands that sold 10,000 copies either.

  54. Re:Can someone help me figure out the ethics of th by Nazlfrag · · Score: 2, Informative

    Piracy has referred to plagiarism for centuries. 'Meaning "one who takes another's work without permission" first recorded 1701;' Get with the times.

  55. Re:Can someone help me figure out the ethics of th by Anonymous Coward · · Score: 0

    ... rampant copying does help society, because it helps us ensure that we bring forward our culture, rather than letting it rot, forgotten, in unmarketable silos.

    Copyright was originally reserved for those who were authorized to make copies for distribution, and Thomas Jefferson originally argued against it's existence, at all. When he did accept the need, he argued for a duration of 1/2 the average lifespan of a citizen in order to promote and reward creativity and originality. He sought to avoid financial dynasties, ala Disney. If Sonny Bono had had any appreciation for history and politics, we wouldn't have to suffer copyright in excess of 100 years, Mickey Mouse would be free and I wouldn't recognize the background music in most car commercials as having been an integral part of my childhood. (Yes, I'm a boomer.)

    However, rot shouldn't be confused with stagnation, which is not really apparent in the music industry, if you continue to challenge yourself once in awhile. There's way more visual, musical and functional art available to me, from all over the globe, than I will ever approach during my lifetime. To whit I'm glad for the opportunity to see so much made easily and affordably over the web, affordably and legelly or not, cuz if I had to pay for everything, I could never afford most of it... I have little sympathy for the 'recording industry' because advertising doesn't make the band, talent does, and I agree with the statement that the market is global since digital distribution is limited only by customer's cost and access to bandwidth.

    No longer is the question whether it would be better to have .001% of China's market or 10% of Italy's... The real question is why limit yourself from either? It seems obvious that the music and film industry understands this and has way more than enough money to go around, because the RIAA is burning cash on lawsuits like they have a spare printing press running full bore in the smoky bowels of some as-yet-solvent investment bank... hey, who's got the copyright on $100 bills, anyway!? BMI, ASHAT (no wait, that's cap...) and the kleptocracies that encourage all to suffer Madonna, Spears and Hannah What's-Her-Name are just protecting their hegemonic domination over western publishing while they try to figure out how to overcome the barriers of language and culture.

    Culture is in your petri dish and your cereal bowl. Eat some more Wheaties champ, and bring me some more culture... Get in my belly!!

  56. 9 years... by myxiplx · · Score: 3

    God, 9 years on and the record companies *still* don't have anything that's even close to Napster for ease of use and sheer range of music. My CD purchases probably have dropped off, but that's because for all that time I've been waiting for them to finally release a music download service that actually compares to the stuff I've already used.

    What they perhaps don't realise is that myself and many others would gladly pay for the music we listen to, but I'm not going to be tied down to listening to it x number of times, or on x devices, or with it limited to x copies. I also don't want limits on what I can and can't listen to. If I'm going to sign up for a paid service, I want to be confident that I can download pretty much whatever I want.

    Napster had all of that, and pretty much a monopoly on the download market. Makes you wonder what might have happened if the record companies had worked out a way of licensing tracks shared through it, instead of driving sharing underground.

    1. Re:9 years... by plasmacutter · · Score: 1

      of course, thanks to their litigation campaigns, many true "collectors" have shied away from the internet as well. There are several rare pieces on my hard drive which date back far enough to have a 96kbps data rate.

      I'm sure had those people stayed around they would have been updated.

      Thanks to these record companies not only are they out of print, theyre not online either.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:9 years... by myxiplx · · Score: 1

      Yup, and people like myself would gladly have paid for a copy of those. If they'd made napster a licenced service, with record companies, napster, and the individual hosts taking a cut of each file shared it could have been huge.

  57. Revenue is meaningless. by TapeCutter · · Score: 4, Interesting

    Speaking of revenue, the statement "By 2013, music industry revenues
    will be 37% down from their 1999 levels" means jack shit because it says nothing about profit. Of course revenue will drop significantly if you don't have to make, package, distribute and find retail shelf space for millions of individual physical items around the globe.

    Personal anecdote of physical vs electronic: During the 90's I was the technical lead on a large project with 8000 remote mobile users, and when I say remote I mean Australia wide coverage - GSM, DATATAC, sattelite phones, radio link exchanges, and the like. To upgrade the software for all 8000 users by CD was costing ~$2M/yr (mainly in down time for the user to get the CD and install the upgrade). It took 4 programmers including myself ten minutes of thought and 6 months of work to build an automated upgrade system that did not require any action by (or delay to) the user.

    The board of directors were so impressed with the $$$ signs that they wrote a long and flattering letter of appreciation to each of us, but they were a telco at the "bleeding edge", I imagine a record label would have taken us to the basement car park and shot us.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:Revenue is meaningless. by TapeCutter · · Score: 5, Funny

      On the bright side, I have yet another anecdote about the preview button.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  58. Here is what they really really should do. by 3seas · · Score: 1

    jump on the bailout bandwagon..... like everyone else is...

  59. Re:Can someone help me figure out the ethics of th by meringuoid · · Score: 1
    If Sonny Bono had had any appreciation for history and politics, we wouldn't have to suffer copyright in excess of 100 years, Mickey Mouse would be free and I wouldn't recognize the background music in most car commercials as having been an integral part of my childhood. (Yes, I'm a boomer.)

    Wait... if that music were public domain, the car companies wouldn't be using it in commercials? How does that work?

    --
    Real Daleks don't climb stairs - they level the building.
  60. Re:Can someone help me figure out the ethics of th by ion.simon.c · · Score: 1

    Wait... if that music were public domain, the car companies wouldn't be using it in commercials? How does that work?

    Because... um... a good is only worth... err... what you pay for it?

  61. Re:$15 for a CD with 1 good song? Doesn't fly. by Anonymous Coward · · Score: 0

    chinese democracy

  62. As it should be by macraig · · Score: 3, Insightful

    This is as it should be. Publishers and producers - middlemen all - never had any socially ethical right to all those "analog dollars" in the first place. The prospect that they might have to make do with "digital pennies" like the rest of us is a slight reversal of all that sickening concentration of wealth.

  63. Revenue or profits? by martin_dk · · Score: 2, Insightful

    Since expenses regarding the production, burning/printing, shipping, distribution and selling of physical CDs disappear when you're selling music as mp3 on the internet, I suppose that net income increase every day for the musicbusiness. (Or what are they doing wrong?)

    Who cares if revenues go down if profits or net income increases? Except of course for the CD manufacturers, truckdrivers and expedients in the shops.

  64. Re:Can someone help me figure out the ethics of th by Anonymous Coward · · Score: 0

    Value is proportional to scarceness. That's why copying is stealing, not just from the seller, but also from everybody else who has paid.

  65. Re:$15 for a CD with 1 good song? Doesn't fly. by AaronLawrence · · Score: 1

    Well, you've convinced me! I guess you did list the majority of all albums and they are all good!

    --
    For every expert, there is an equal and opposite expert. - Arthur C. Clarke
  66. Why would they care about format? by j_166 · · Score: 2, Insightful

    Why would the record companies care about what format they sell to the consumer anyway? If anything they should be making up for any minor drop in sales by vastly reduced infrastructure costs.

    I think there is a bigger worry here though. If Joe T. Plumber loves music from the 70's, and bought a particular track first on vinyl, then cassette, then CD, and now mp3, how the hell are they going to sell the same track to him again? Non-DRM digital files represent the end of a very lucrative sales cycle. A format shift is a format shift, but this concept must scare the living shit out of them. About the only way they can resell that track to him is if he somehow loses it, and whatever reseller he bought it from doesn't do replacements. IOW, digital files don't wear out, and can't really be obsoleted.

    If you consider the track to be the basic atomic unit of music rather than the album, I wonder how sales per unit have done historically if you exclude double and triple and quadruple buys for format shifts, lost/broken media, hardware obsolescence, compilations sales, etc. My guess is probably that sort of thing made up more of their bread-n-butter than the marketing execs would care to admit.

    My guess is they knew this since '97, hell maybe even since '47, and that's why they've had to be dragged kicking and screaming into the mp3 age.

  67. Finally by hesaigo999ca · · Score: 2, Insightful

    Finally, a record company that gets it! How long has mp3s been out for now???

  68. Get with the times by TehZorroness · · Score: 2, Insightful

    CDs are now an archaic outdated media. There is absolutely no reason to carry them around when you can carry the same songs and artwork from hundreds of CDs in one tiny widget that fits in the palm of your hand. There is no reason why anyone should have to get in their car and drive all the way to the CD store just to look at a smaller selection of music then what they can listen to instantly and effortlessly over the internet. Digital distribution is so much more efficient, and environmentally friendly then shipping plastic coasters to every corner of the world. Need I go on?

    Now that the cost of production and distribution is basically zero, the price of the music should change to mirror this. There is no longer any work (just contracts and payoffs) being done by labels. There is no reason for a band with decent talent to depend on them any more. If you can afford a guitar and drums, save up some more pennies and get yourself a microphone. Do your own recording. Put it on bittorrent. Ask your fans to see your preformances and buy/donate - but don't force them and don't blame them for anything. They may have something more important to put their money towards, like paying bills, charity, or even buying their own guitar or mic. Artwork shouldn't be made for money anyway.

    1. Re:Get with the times by Sloppy · · Score: 1

      CDs are now an archaic outdated media. There is absolutely no reason to carry them around when you can carry the same songs and artwork from hundreds of CDs in one tiny widget that fits in the palm of your hand.

      CDs, like DVDs, are not playback media; they are distribution media.

      There is no reason why anyone should have to get in their car and drive all the way to the CD store just to look at a smaller selection of music then what they can listen to instantly and effortlessly over the internet.

      That's not how I get my CDs. Most of my CDs I buy in bars after the band plays, and that form of distribution is vastly more convenient than downloading. When I'm at the bar, I don't have my computer. When the band is at the bar, they want cash so they can buy gas to get to the next town; a promise from a drunk guy that maybe he'll try to remember the next day to download the song so they can get paid for it the next payment cycle, isn't going to help them much.

      Another great thing about the medium is that it's its own backup. Do you back up ~/music? Well, ok, reripping and encoding 1500 CDs would be a major pain in the ass, but so is backing up a couple hundred gigabytes.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:Get with the times by Anonymous Coward · · Score: 0

      Do your own recording. Put it on bittorrent. Ask your fans to see your preformances and buy/donate - but don't force them and don't blame them for anything.

      That's what my band, Darkfold, does. Problem is, it's tough to get many people to show up at a gig for a band they've never heard of. We try to do some local promotion (flyers, notifying local mags, myspace updates, facebook events, etc.) but there's a lot of noise out there. Why should they listen to us? The big issue, I believe, is that the major labels still control radio, which is still the main way people find out about new music. Radio offers familiarity and repetition, both of which are vectors for catchy songs.

      The playing field isn't level yet. I'd prefer some sort of radio-sponsored version of thesixtyone.com or cherrypeel.com -- tailored to suit their audiences' tastes. The songs that rank high would get played on the air in regular rotation for awhile. The ones that cause excitement on the air get to stick around longer. As is, indie artists are mostly shut out of the most powerful medium for discovering new music and that means the labels have a built-in advantage that is multiplied by their huge promotional budgets, industry contacts/credibility and experience.

      Long story short; indie artists still can't compete with the label juggernauts. There are a lotta great bands out there that just need a chance.

      BTW, we are on BitTorrent. Now there's a kickass distribution channel -- we just need a way to let people know about us.

    3. Re:Get with the times by MightyMartian · · Score: 1

      Downloaded your album. Not too bad. I'm not a big Nirvana/grunge fan myself, but there are moments like Discord, where you really kick some serious ass.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Get with the times by pandrijeczko · · Score: 1

      1. I can buy just about any CD that I want cheaper than paying 99p per track. I just search eBay, Play, Amazon and countless other online vendors to find the cheapest prices for my CDs.

      2. With the money I save not buying expensive music downloads, I can afford to buy more music and a reasonable hifi to play my CDs on in all their lossless and uncompressed glory.

      3. Because I own the CD, I always have the option to rip it at whatever bit-rate I want to whatever device I want. That means I can have all of my music collection with me on a portable USB drive. And if the drive or MP3 player gets stolen or broken, then the worst possible case is I just rip my CDs again.

      4. Not that I believe in the "environmentally friendly" bullshit in the first place but what about all of the extra computers and data centres that need to spring up in order to provide the capacity for downloadable music. A CD may be an indisposable piece of plastic but a computer is (so we are told) one of the most difficult things to dispose of when it comes to the environment. Plus I can easily recycle my CDs, more so than an old PC, by just reselling it on eBay or giving it to a local charity shop if I have finished with it.

      5. CD buyers are supporting music whereas digital downloaders are killing music. Answer me this? Suppose everyone started taking their music like "Pick n Mix" sweeties, selecting only the tracks they think they want. What happens to the current music scene where artists justify going on tour after the release of a new album, say? What happens if music distribution becomes "song-by-song" rather than "album-by-album"? How does a band get enough new material together so that you, as a music fan, feel justified in buying a ticket to one of their concerts because they will have enough new material to play live to make the event different to the last time you saw them?

      6. AC/DC, the biggest rock band in the world, do not allow their music to be distributed on iTunes because they do not consider that it suits the way they want to distribute their music or what their fans want. I am sure there are a number of other big artists who are the same.

      7. What's going to lead you to find the web site of some good music by a new band if there aren't record companies pushing the artists with advertising? When there's a million bands selling their own music through their own web sites, how are you going to find the stuff you like?

      8. Don't give me the "but there's only 2 good tracks on every CD" bullshit. If you find that's the case then go look for something different - there are thousands of classic albums out there that are superb pieces of music from start to finish. The difference is that a true music fan goes off and does some research to find it rather than expecting everything to be plopped in their laps.

      Need I go on?

      And no, I don't work in the music industry and never have done - I can't even play an instrument. But quite frankly, I really don't give a toss whether or not artists are being ripped off by music companies just like nobody out there gives a toss if I didn't get a payrise this year in my job in the telecoms industry.

      All I do give a toss about is that there is good music at good prices for me to go find and enjoy - and there's plenty of it for me. In fact, I'll even go a stage further and say that the record companies are doing a damn good job appealing to people like me who have enough common sense to see what trash 99% of modern music is and want a lot of old and classic rock music nicely remastered and put on CD at reasonable prices.

      Maybe the record companies are ripoff merchants but I don't care. I'm just a consumer that wants good quality stuff at good prices and even if that stuff is just 1% of what the music companies currently churn out then that's still far more stuff than I can possibly listen to and enjoy in my lifetime.

      --
      Gentoo Linux - another day, another USE flag.
  69. Re:$15 for a CD with 1 good song? Doesn't fly. by Overzeetop · · Score: 1

    Maybe that wasn't the idea. What if their business model was "buy one get 7 free," where you purchased one highly marketed song for $15 and the artist threw in several more tracks as "bonus". That was, to some extent, what singles were - a track you paid for, with the "flip side" as a bonus track. They just jacked up the price and extended the number of extra cuts. The executives had a shotgun point of view, paying to produce several tracks of which they expected one to be a hit. Though the rest was chaff, there was no reason to sell only a single when you could provide "value" by selling the whole album.

    Not that I believe it was consciously developed that way, but is does have a certain truth to it. They got used to selling the hit for $15, and giving you the ones that didn't make it as an album. That's a shift from the past when more artists developed albums as a complete work. Now they're pissed that the "single" concept has come back and they've gotten used to the higher development costs of their current model. By pushing artists to produce more volume, they've increased their production costs without appreciably increasing the net number of blockbusters (and some might say have actually reduced it).

    Sucks to be them.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  70. Digital sucks! by nategoose · · Score: 2, Funny

    I, like many of my peers, prefer my music on good old fashioned analog CDs.

    1. Re:Digital sucks! by Anonymous Coward · · Score: 0

      n00b!!!1shift1!!one

  71. Just MP3s? by bertilow · · Score: 1

    Everyone seems to be stuck on the idea of MP3s. That's all we ever hear, when it's about distributing music on the net. MP3, MP3, MP3... So when the CDs disappear completely, all we will have will be MP3s? No WAV files? No actual original full quality source files? Just crappy low quality MP3s? No way to make FLAC files? Sounds ... not so great...

    1. Re:Just MP3s? by hesaigo999ca · · Score: 1

      I meant the medium was important, whether mpg4 mp3 wav..etc.. the important fact is that the business model is finally changing to meet with the times.

  72. What profits have big record companies //earned//? by ErkDemon · · Score: 4, Informative
    Do big record companies even deserve to benefit from the growth of the new-technology sectors? Where was their investment in those sectors?

    The technology for "cloud" media distribution was developed and bug-fixed by the likes of Napster, not them. the whole MP3 infrastructure seems to have been put together by independent companies, research institutions and computer companies, with a notable absence of any record companies being obviously involved. Online music stores seem to be mostly developed by external companies. I'm not aware of any record companies behind the growth of the ringtone market. If you want to access databases of what's on your CDs, you don't go to the record company, you go to a database run by an independent company where the information is entered and corrected and maintained by volunteer end-users. Hell, Microsoft probably run a more reliable public back-catalogue for BMG than BMG do.

    When's the last time that any of us visited a record company website to find out a major artists back-catalogue? These guys are no good at websites. They'll pay someone big money to do a glitzy "promo" site that doesn't contain any useful reference information, and pull the plug on it a couple of years later.

    The big record companies say that they need to make big profits in order to find and invest in the next generation of talent, but the artists being found and nurtured by "the industry" seem to be supported by other industry "players". The big development recently has been TV talent shows, where there's a lot of money being made from tv broadcasting and pay-per-vote ... but the big record companies missed out on that money because it wasn't them that did it.

    What they are trying to do now, is to have contracts that give them a slice of things like tour money. They're trying to grab someone else's historic market share to supplement their income, by awarding themselves those rights in the recording contract. Again, this is a market where the big record companies haven't invested in the past - the gigging circuit has been kept alive by bands and promoters who recognised that gigging was essential to keep part of the customer-base interested in music. The big record companies essentially left big live venues to die, leaving it to others, like the mobile phone companies, to sponsor them.

    So if they're asking for a "fair slice" of the profits from music, they should be careful what they ask for. A lot of people think that their current profits represent way more than a fair slice.

  73. The money is elsewhere - not gone by Nerdposeur · · Score: 1

    Analysts at Forrester Research estimate that music sales in the United States will decline to $9.2 billion in 2013, from $10.1 billion this year. That compares with $14.6 billion in 1999, according to the Recording Industry Association of America.

    Who are they including in this estimate? Do they include the income of independent musicians like me?

    In my own case, the answer is no - when somebody downloads my music for free and decides to send me a donation, I don't report it to the RIAA.

    My guess is that, although some of the money people used to spend on music now goes to video games and other entertainment, a lot of the "losses" are going to non-RIAA musicians.

    And as a personal plug: if you love music and dislike the RIAA, support independent music.

  74. Costs... by rgviza · · Score: 1

    > trading analog dollars for digital pennies.

    as well as trading analog expense dollars for digital expense pennies.

    One thing I still don't understand is how these assholes get off charging even 1/4 of the price of a physical cd for a digital download. Most of the cd cost is manufacturing, storage, shipping and sleeve printing, not to mention the costs the store adds to it.

    -Viz

    --
    Don't kid yourself. It's the size of the regexp AND how you use it that counts.
    1. Re:Costs... by JSBiff · · Score: 1

      Well, to start with, most online sales are through digital stores, like Amazon, iTMS, Walmart, RealNetworks, etc, so you still have the "costs the store adds to it."

      There's also the reality that, in the past, people would often buy a whole album for $10-20 because they new they liked one or two tracks. With online sales, a lot of people are buying tracks a-la carte, so the record companies are driving up the per-track cost, somewhat, to compensate for lost revenue from the albums. You still pay less than you would for an entire album, but more for the individual songs. Seems like a economically reasonable compromise. If you do buy the entire album, most of the stores do give you what amounts to a dollar or two discount off the per-track price.

      Finally, in a free market, price is not really a function of cost. People selling goods will charge as much as consumers are willing to pay them for the goods. Cost acts as a 'floor', below which the price cannot really fall (well, it can if the publishers decide to have a 'clearance sale' on stuff that otherwise won't sell at all, to try to cut their losses some). So, the ultimate answer to the question "how these assholes get off charging even 1/4 of the price of a physical cd for a digital download", is that people are willing to pay it.

  75. That's why I buy digital CDs by Sloppy · · Score: 1

    Since 1988, I've bought digital CDs exclusively, just to frustrate and confuse these kinds of statistics.

    Ok, I know that when these weird marketroid types say "digital" they really mean "download" but why can't they say what they mean? And more embarrassingly: why do geeks play along and legitimize this kind of thing? Slashdot should be ashamed to show retarded headlines like that.

    It's like if flying cars came out, and people started calling them "transportation" and then people start saying, "Lots of people are starting to use transportation instead of cars." Or, "due to increasing popularity of the web, no one reads slashdot anymore."

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  76. Re: DownTech by ciderVisor · · Score: 1

    Yeah, I just saw a monkey hitting a big black flat stone with a bone.

    --
    Squirrel!
  77. Re:Can someone help me figure out the ethics of th by ciderVisor · · Score: 1

    Copyright infringement is not even stealing; it's copying. Stealing (legal definition) involves depriving the owner of their property, but copying does not do that; rather, it enriches both parties.

    Who modded this 'Insightful' ? Imagine the situation where a band produce their own original songs and they press 3,000 CD's for sale at their gigs and offer paid downloads through their website. How, in any way, shape or form, can someone making a copy of their CD or MP3 files be said to 'enrich' the band ?

    --
    Squirrel!
  78. New formats, golden periods, zero royalty payments by ErkDemon · · Score: 2, Insightful
    Another reason why record companies were so slow to embrace MP3 (other than ignorance, incompetence, and an unwillingness to risk and invest) was something in the terms and conditions of many "standard" artist contracts.

    A lot of outsiders don't realise this, but the dreaded "standard contract" tended to have a clause saying that when a new format was launched, the artist wouldn't get any royalties for any works released on that format for a certain number of years. The justification behind the clause was that if a new format was launched, there would be a certain degree of additional investment required by the record companies, but no additional work by the artist - so the artist's "contribution" to the new format launch was to forego royalties for a while. For for the first couple of years of a new format's life, output in that format would be regarded as something akin to royalty-free "promotional" product.

    You saw a similar clause operating in the film industry, and this was part of the reason for the recent Writers Strike. The writers realised that the movie industry was gearing up for a possible surge in sales from Blu-Ray, as people bought duplicate copies of their favourite movies in the new format, but thanks to their contracts, the writers would get zero royalties for the period of that expected initial surge.

    The "suspension of royalties" clause is supposed to help distrbution companies embrace new formats, but in the case of the record industry and MP3 it did the opposite. See, the record industry realised that the MP3 market was emerging and growing and developing on its own while they did absolutely nothing. If they got in early, then the golden "no royalties" period would start while online sales were still low. In order to maximise the proportion of sales income that went to the record companies (rather than to the artists), the trick was to wait until the formats were already starting to take off, and then start the clock, so that as much as possible of the initial surge in sales would coincide with the "golden" period in which they could keep all the income for themselves and not pay the artists anything.

    So there was an argument, from the record companies' point of view, for sitting on their arses and doing nothing whle the "piracy" sector grew the MP3 market to the point where it became attractive for the record companies to step in and take over. The artists would get screwed twice - once by losing income from piracy as the record companies initially refused to release tracks in the new format, stopping people who wanted to buy the tracks online from having a legitimate way to get them, and again, while the record companies jumped into the developed MP3 market, but kept all the cash themselves. This'd give the record companies maximum return on minimum investment and minimum risk.

    Where the strategy failed was that if you sit back and let other people develop a market for you, when you then decide to enter that market yourself, you find that you don't have the in-house skills or expertise or experience or presence. The smart guys who now really know the new market inside-out don't work for you, and may not want to work for you. They either want to start their own companies, or work for a business that has already shown itself to be a leader in the new format. It's more difficult to assert ownership of a developed market sector if that sector has been entirely built by other people.

    The "golden period" argument obviously isn't the only reason why most record companies didn't embrace MP3 early on - but in an accounting-heavy industry where "new media" expertise was low, and it was important for individuals to avoid being associated with costly project failures, the "golden period" accounting argument was probably a useful argument for executives to do what they were already inclined to do ... nothing.

  79. Re:Can someone help me figure out the ethics of th by Anonymous Coward · · Score: 0

    Actually more information has come out about the whole Indian vessel incident. Apparently the "mothership" was actually not a pirate ship but was a ship that was itself being attacked by pirates. The Indian ship destroyed a commercial boat and killed innocent people along with the pirates that were boarding it.

  80. Re: Double Reduction by cayenne8 · · Score: 2, Insightful
    Goodness...I long for the old days with groups like Led Zeppelin, who as a matter of policy didn't release singles. They put put full albums of good music. And these led you to want to go see the REAL show....live concerts with them playing (not lip syncing)..

    Strangely enough...their music has lived past them as a group, and finds new fans each year.

    Amazing what actual talent will do for you...

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  81. Why would anyone buy? by cdrguru · · Score: 1

    When you can download for free? How are they getting any sales at all?

    The pirates whose goal is the elimination of revenue from digital goods are clearly not doing a good enough job. The rest of the folks, just leeches mostly, are getting theirs but evidently some people just don't know.

    As with all computer issues, it is just a matter of education.

    1. Re:Why would anyone buy? by MightyMartian · · Score: 1

      In the olden days record companies used to pay pennies per record to artists. For the artist, the largest benefit of the record was the radio play, which got their and sound out there, so when they toured, there was name recognition. The tour itself was the main profit stream for the artist, both legitimately and to some extent illegitimately. The stories of British Invasion bands like the Beatles receiving brown paper bags filled with cash from promoters is legendary.

      In the old days, as well, you didn't have a single artist with maybe an opening act touring, you would have a whole group of artists. The whole model was different, the whole purpose of the record was really promotional, at least as far as the artists were concerned.

      I'm not defending piracy, but the record companies have stubbornly refused to face the fact that their business model is rapidly going extinct, but because of the way the whole music industry has been partitioned between the record companies, merchandisers, promoters and so forth, the revenue stream in one area is in serious straits.

      I'm pretty critical of the record industry in general, mainly because it's been guilty of some pretty nasty things in its own right; ripping off artists and customers. Still, it does play that somewhat unholy part in promotion, which really is the key here. The problem is that the way things are shaping up, the actual production of the product (the CD or the MP3) is rapidly becoming the least profitable aspect of the whole business. That's where the current division of the whole industry is going to make it complicated. Why the hell would the artists (who themselves have management to divide their profits up with), promoters and merchandisers let the record companies skim off more of their profits?

      I envision the traditional record company pretty much disappearing. You'll pretty much be left with the promotional wing of the company, scouting out (or probably still creating ala Britney Spears and Back Street Boys) new talent and running recording facilities, but this will not be at the scale we see the behemoths like Atlantic and EMI running today. For better and for worse, the digital devil is out of the bag, and trying to kill the pirates is, as always, going to be a game of catch-up.

      But that's the name of the game, and has been for centuries. You're product is not guaranteed permanence, if something better, whether automobiles or MP3s, comes along, you may be screwed, particularly if, rather than adapting, you attempt to use your decreasing resources to try to beat the competitors into the dust.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  82. Re:Can someone help me figure out the ethics of th by Anonymous Coward · · Score: 0

    You can argue semantics all you want, but the term has stuck. Language is arbitrary and is only useful when there is a conventional meaning. If you say, "I am running a pirated version of photoshop" nobody is going to think you stole it at gunpoint on a boat. There is no point in fighting the evolution of language and the definitions are different enough to avoid ambiguity. Just food for thought. I agree overall though, we should have a different term, and you can continue to say copyright infringement, but others will continue to say pirate. That ship has sailed.

  83. Re:$15 for a CD with 1 good song? Doesn't fly. by bennomatic · · Score: 1

    It's totally true. I have bought so much more music since iTMS came out, and everyone in the supply chain gets a few pennies with each purchase that they wouldn't have gotten otherwise. Why would I pay $10.00 for 12 songs where I only want three of them? I'll pay $3.00, thank you very much, and spend my other $7.00 elsewhere.

    --
    The CB App. What's your 20?
  84. The "traditional" record industry model by Anonymous Coward · · Score: 0
    The "pop/rock/etc" record industry has been traditionally set up to run as an enterprise whereby a few industry players own and control the majority of production and distribution. They optimised profits by encouraging a restricted consumer demand and controlling the market. There was an emphasis on charts and fashion. You'd encourage the market to see a particular song or artist as the current Big Thing, and you'd use your industry contacts to hype that perception and get that song or artist saturation media coverage. In this way, you'd encourage the market to buy large quantities of a limited number of items, and when a particular song or artist became unsustainable, you'd drop them and move on to the Next Big Thing.

    So for the people working within the industry, their skillset and professional expertise was set up for the production of a steady stream of megastars, and their marketing and promotional skills were based on their ability to persuade DJ's and other key industry people to get behind whatever product line that they happened to be pushing that week. It was about building "buzz".
    For artists, you either "made it big" and hopefully came away with an awful lot of money, or you went back to your day job.

    For the distribution chain, it was about achieving "critical mass". If a limited number of record companies had artists that were getting the airplay and reviews and magazine covers and physical distribution, then they could "tie up" the market in such a way as to make it difficult for new competition. The artists with potential wanted to seek out and sign to the major companies, and if you didn't sign to a major, your chances of financial success as an artist were much lower. So the old distribution model allowed big companies with good contacts to dominate and be successful, even if the rest of their business wasn't particularly efficient.

    What the industry wasn't set up for was the idea that the internet lets customers bypass the old fixed media and find products themselves, or the idea that with digital delivery, customers expect to be able to buy whatever they want, whenever they want it.
    Digital delivery is a great business opportunity for any business with a large popular back-catalogue that has competent inventory and computer skills. It's less about partying and slipping a few radio deejays a bit of charlie, and more about efficient database management -- less about people-networking and more about computer-networking. Trouble is, the record business traditionally hasn't had those skills. With the old model (where they were selling a restricted number of products, by the lorry-load), they didn't need them.

  85. A completely unregulated industry by Nefarious+Wheel · · Score: 1

    ...and one ripe for an "ombudsman" authority to mediate -- and where necessary, provide judicial oversight in the fair management and interpretation -- of contracts between musicians and RIAA member companies. Business may have no common understanding of the word "fair", but the courts certainly do.

    --
    Do not mock my vision of impractical footwear
  86. Re:$15 for a CD with 1 good song? Doesn't fly. by Anonymous Coward · · Score: 0

    BANG! THAT is in my mind the KEY. You can't release a CD with two good songs anymore and expect people to buy the shitty songs your producer's sister-in-law wrote that he promised her he'd get cut.

    The companies and artists ALL need to take note. If you want to sell the whole album, record a whole album worth of good songs! AND STOP WHINING!

    That's what we're trying to do with my band. We're also merchandising and touring our butts off.

  87. Re:$15 for a CD with 1 good song? Doesn't fly. by Anonymous Coward · · Score: 0

    If you're buying (or worried about) CDs with only one good song, you're listening to the wrong artists. I can't remember the last CD/album I bought that was more than 10-20% filler. Oh, wait - I just did. It was a CD I bought in 1994 with only 2 good songs on it. I've bought hundreds since then. Good artists produce good albums that are meant to be heard all the way through. You get the occasional dud of a track, but hey, it happens.

    Either that, or just buy the individual tracks on Amazon/iTunes/eMusic and be happy.

  88. Re:$15 for a CD with 1 good song? Doesn't fly. by ubermiester · · Score: 1

    actually, while I agree with the sentiment of your argument, it is actually flawed.

    Their old business model of selling a $15 CD with 1 good song---aka ripping people off--doesn't fly anymore. If you just want that one song, you just buy that one song.

    Back in the olden-days, there was such a thing as a "single", which was usually one or two songs sold for a fraction of the price of an album, and was intended to give people the chance to buy just that one song that they liked (which usually meant the song from the album that the record company thought would be a hit). Tapes and then CDs made this far less useful, because the cost of producing a tape/cd with one or two songs was no less than producing a tape/cd with an entire album, so the single died off.

  89. CD singles can FOAD... and they did :) by Dogtanian · · Score: 1

    CDs may *possibly* have been expensive to produce in the early days- but they milked that long after it ceased to be an issue, keeping the prices of CDs higher than LPs and cassettes.

    It obviously wasn't an issue by the point (at least ten years ago) when AOL could *give away* countless CD-ROMs. I don't care how much CDs cost to replicate, it couldn't have come anywhere near justifying the UK £4 cost of a CD single in the mid-1990s (taking inflation into account, that's probably between £5-6 or US $8-11 - with tax - in today's money).

    CD singles were disgustingly overpriced. Even during the first week many of them were out, when they were often sold at £2 / £2.50 to get them in the charts wasn't particularly cheap. They were padded out with multiple bonus tracks, some of which were good, but much of it was crap B-side filler material one suspects was put in to (a) justify the bloated price and (b) get diehard fans to push it into the charts and fork out money. Oh, and remember the old CD1, CD2 promotional bullshit? Buy both editions of the single to get *all* the bonus tracks including 101 crappy remixes by name producers that bear no resemblance to the original.

    And they all came in those nasty slimline plastic cases.

    Ordinary people may have concluded that they'd rather buy the album for £11-12 than fork out £4 for one song, another nice way of pushing expensive albums over not-cheap singles.

    I'm sure that they could have sold two-track CD singles at a similar price to vinyl and made a decent profit- the difference in duplication costs would have been negligible by that stage. Any issues with the CD single format were likely due to the record companies' desire to cynically exploit it and turn it into an overpriced way to sell endless crap tracks to fans via promotional "collectors' edition" scams.

    I still bought the damn things (normally the week they came out when they weren't extortionate- else I'd sometimes buy the tape or vinyl version purely because it was cheaper). However, I have no fondness for the format; on top of all that, having a bloody CD and case just for one song is annoying. I was so used to paying through the nose for one of a limited selection of overpriced lumps of plastic that even paying 80p for virtually any track on iTunes minus all the irrelevant physical garbage seems like a great deal.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:CD singles can FOAD... and they did :) by ubermiester · · Score: 1
      Ironically, you both missed my point and proved it at the same time.

      I was simply pointing out that Tape/CD singles were the same price to produce as Tape/CD albums, because the physical medium was the same (unlike vinyl where singles were physically cheaper to produce because they were smaller and generally came with far less packaging/inserts/etc). So the fact that you go on and on about how much CD singles sucked makes sense, because record companies were unable to make them cheap enough to make a profit and still give you your money's worth.

      Another thing I'd like to point out is that you seem to think that record companies could sell CDs for the cost of the materials. Yes the actual CD might cost a few pennies to mass produce, but what about packaging? What about marketing? What about the cover art? What about the producer? And oh yeah, what about the musicians? The cost of *anything* you buy is not simply based on what the actual thing you're holding in your hands cost to make. The number of man-hours that go into the production of an album is often huge, so why would anyone bother producing a commercially available product if they had to operate with no profit?

      Also, though cost of distribution in the music biz will eventually drop to nil, there are still costs involved in the actual production of the music. And even with that dropping dramatically, marketing remains the single most expensive aspect of a successful album - and that is not going to change any time soon.

    2. Re:CD singles can FOAD... and they did :) by Dogtanian · · Score: 1

      Ironically, you both missed my point and proved it at the same time.

      On the contrary- you completely misunderstood *my* point(!)

      I was simply pointing out that Tape/CD singles were the same price to produce as Tape/CD albums, because the physical medium was the same (unlike vinyl where singles were physically cheaper to produce because they were smaller and generally came with far less packaging/inserts/etc).

      Let's keep this simple.

      It had to be possible to manufacture all those AOL CDs- complete with thin cardboard sleeves (*1)- for pennies. I would assume the music industry's cost for bulk CD duplication to be in the same ballpark. Clearly, this isn't the only expense involved, and I wasn't implying that it was.

      However, your entire argument revolved around the supposed high cost of CD duplication being the reason for the high price- "record companies were unable to make them cheap enough to make a profit and still give you your money's worth." (*2) Hence the counterexample showing that your argument was fundamentally flawed.

      In fact, since duplication is likely a fairly *small* proportion of the price, the fact that a CD single and album (minus packaging) cost the same to produce hardly means that they should be closer in price. As I said above, the likely manufacturing cost of the CD itself is probably so small as to be irrelevant.

      More applicable to the argument is the cost of manufacturing a cardboard-sleeved CD versus a 7" single. I doubt that the difference is that major; even if it was twice the price (say 20p instead of 10p), that's still a small proportion of the total, and wouldn't justify doubling the selling price(!) It sure as heck doesn't justify £4 for a single, CD or not.

      So the fact that you go on and on about how much CD singles sucked makes sense, because

      I certainly went "on and on" about it, no doubt :) But although it may have made sense, it sure as heck wasn't "because"...

      record companies were unable to make them cheap enough to make a profit and still give you your money's worth.

      !

      Another thing I'd like to point out is that you seem to think that record companies could sell CDs for the cost of the materials. Yes the actual CD might cost a few pennies to mass produce, but what about packaging? What about marketing? [etc, snip]

      No shit, Sherlock. You'd have had to have *totally* missed my point to have thought that's what I meant or believed! (Had I thought this I'd have said "I want my CDs for 10p!", or whatever AOL's marginal duplication cost was).

      (*1) Yes, some CD singles *did* come in cardboard sleeves, so it was doable.
      (*2) Having re-read your original post, you don't actually say this as such and for a second I thought I'd read too much into what you said. But going by your reply, it's clear that this was what you meant anyway.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  90. Re:Can someone help me figure out the ethics of th by jesterzog · · Score: 1

    However, I'd have to say that, no, people would not stop making things altogether. You'd have people producing as a hobby.

    I agree. It's not as if people who like painting artisticly (for example) don't paint simply because most of them can't make a living off it. They'll probably do something else to supplement their income, but will paint because they want to, and they enjoy doing it. Some people who paint stuff are employed as commercial artists to create things for other people, but the activity wouldn't go away if they weren't.

    Writing and (occasionally) music are artistic areas where people who enjoy it and who are skilled might be able to find some kind of paid employment more easily, because there's currently a publishing industry that will often employ them to make stuff the publishers can package up and sell. Especially if it's a day-job like journalism, it might even pay enough to make a nice living off it.

    If the business models of those industries become obsolete, though, it shouldn't mean that the creative people in them will suddenly stop being creative or producing things. They might need to find something to supplement their income, but that's the way things happen if the stuff you like doing isn't something other people will pay for.

    I don't think infringing copyright on music owned by publishing companies is the right thing to do. They have the copyright on it "for a limited time" (yeah right!) which legally lets them charge whatever they want. As long as they're trying to charge more than what I want to pay for the quality they're providing, though, I don't see why I should bother. The industry's changing and making it easier to publish good quality stuff for cheaper, often directly from the artists, so naturally there are other publishers and artists with more adaptive business models coming through which are making the big publishing companies less relevant, and I'd rather just deal with them because I can still get what I want for a price I'm willing to pay.

  91. Why you should keep those CDs. . . by JSBiff · · Score: 1

    This is one of those things that probably wouldn't happen, but could. . . if you ever get audited by RIAA over music 'piracy' allegations, it's good to still have the original CDs with their packaging as proof of license. I ripped all my CD's a long time ago too, now I keep them in a box in a storage unit in my building's basement. I don't listen to the original CD's, but I got em if I need em.

  92. Fine with me by NinthAgendaDotCom · · Score: 1

    I've decided that if ever my music gets good enough to sell (been giving it away free so far), I'm going with digital distribution. Getting a CD into a store is a huge hassle. And most of my friends/fans would just see a CD as an obstacle toward the final product of a FLAC/MP3/whatever on their player.

    --
    -- http://ninthagenda.com/
  93. Revenue may be down, but what about profits? by sneakyimp · · Score: 1

    Overall revenues have definitely declined, but I can't help but wonder if the decline might be largely due to a more effective distribution system. When CDs are sold, the revenue is distributed among CD manufacturers, trucking companies, and record stores as well as a big team of employees at the record label who try and 'sell' the CDs to the record stores. If you can distribute your music without having to share revenue with all those chumps, I would imagine that profits at the artist level might be steady -- possibly even improved.

    Does anyone have a more specific idea of how these revenues are broken out?

  94. A new word misue is being established by Mike610544 · · Score: 1

    The word 'Digital' is increasingly (wrongly) being used to mean 'downloaded/stored on a hard drive.' I find it really annoying.

    I bought a Blu Ray movie the other day and there was a sticker on the front: 'BONUS Digital Copy Included!' I didn't know what the hell they were talking about at first but it's this same stupid thing (you can load a lower quality version onto a computer.)

    --
    ... also, I can kill you with my brain.
  95. Re:Can someone help me figure out the ethics of th by vivaelamor · · Score: 1

    I think perhaps people should be more wary of using right or wrong to describe breaking the law.

    Whether something is right or wrong is a decision made by an individual. Laws may influence an individual's decision but to base decisions wholey on whether an action is lawful or not seems like admitting you are less capable of making a decision than those who influenced the writing of the law.

    Having said that, even if you disagree with a law it will likely impact your decision through fear of the consequences should you break it.

    In the case of copyright infringement for personal use, the chance of the law being upheld is very low and consequently its impact on peoples decisions may be a lot lower than most laws.

    So, if you accept that breaking the law is not inherently wrong, then you can take whether it is stealing out of the equation entirely and base your decision on whether you want to support artists by buying their music.

    It is my belief that laws should not be there to provide an monetary incentive for people to be creative and I find the idea of intellectual property an unnecessary construct that does more harm than good. As to whether I should be buying music to support artists.. To participate in a system you disagree with even with good intentions may keep that system going against your best interests.

    Does this make me right or wrong? It becomes a matter of perspective. From the perspective of someone who shares my view I would be right, someone who opposes my view would consider me wrong.

    Maybe the most relevant question is, who has more power to uphold their view? In sharing copyrighted material, the individual has the power. While sharing copyrighted material is unlawful, that law is not easily enforceable.

  96. Re: Double Reduction by Anonymous Coward · · Score: 0

    Led Zeppelin... good music

    You lost me there.

  97. Source of good vinyl: by SonicSpike · · Score: 1

    Check this place for some good vinyl:
    http://www.dropshop.com/

    --
    Libertas in infinitum
  98. Re:Can someone help me figure out the ethics of th by Thing+1 · · Score: 1

    How, in any way, shape or form, can someone making a copy of their CD or MP3 files be said to 'enrich' the band ?

    Well, here's one: it widens their audience, which may lead to more ticket sales, t-shirts, and even purchases of their CDs both at the gigs and on-line.

    Jonathan Coulton has made significant buck from giving his stuff away. Although he may be an island in a sea of failures, he is an example, and I have provided an answer to your question.

    Also, the whole point enshrined in our Constitution is that it was supposed to be a social contract, where both parties obtain something of value. It is now a one-sided contract; since 1923, no work has entered the public domain, and it is highly likely that Disney et al will petition the government for a 20-year increase, every 18 years, like they've been doing. So it is no longer a contract at all; it is "merely" a restriction.

    --
    I feel fantastic, and I'm still alive.