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Behind the Scenes In Apple Vs. the Record Labels

je ne sais quoi writes "The New York Times recently posted an article describing what really happened between Apple and the Record labels that culminated with the January 6th Macworld Keynote by Apple Senior VP Phil Schiller." Essentially they discuss a bit of a swap: Apple allowed variable pricing for songs and the industry allowed DRM free music. And apparently the iTunes homepage is a huge hit making device. Big shock.

16 of 146 comments (clear)

  1. iMusic industry news by zappepcs · · Score: 5, Interesting

    Can we get a special section for iMusic news? Apple did what the music industry should have done and failed to do. Perhaps Apple should start the iMusic label and start signing artists, sort of an effort to put the music industry into perspective with it's current situation. It would be an eye opener for the RIAA.

    1. Re:iMusic industry news by DrLang21 · · Score: 5, Interesting

      Apple opening it's own record label would put it at serious odds with the the other labels that it sells. A better solution would be for Jobs to start his own record label completely independent of Apple. The single song electronic sales business model has already been forced onto the music industry, so the only purpose of a new record label would be to explore the other flaws in the system, like constructed pop stars.

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    2. Re:iMusic industry news by idobi · · Score: 5, Informative

      Apple can't open it's own record label. From Wikipedia: "In 1978, Apple Corps, the Beatles-founded holding company and owner of their record label, Apple Records, filed a lawsuit against Apple Computer for trademark infringement. The suit was settled in 1981 with an undisclosed amount being paid to Apple Corps. This amount had been estimated to be US$50â"US$200 million, but was later revealed to be US$80,000.[1] As a condition of the settlement, Apple Computer agreed not to enter the music business, and Apple Corps agreed not to enter the computer business." http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer They got into hot water with Apple Records when iTunes got big. An actual recording label would blatantly go against the agreement.

      This agreement is no longer in effect. Apple Corp has signed over all Trademark for Apple to Apple Computer, Inc (now Apple Inc) in 2007. In return, Apple Corp has a perpetual license to use the Apple name for their label. However Apple Inc. can now do whatever they want with regards to the music business.

    3. Re:iMusic industry news by TimmyDee · · Score: 5, Funny

      It would be an iOpener for the RIAA.

      There, fixed that for you.

      --
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    4. Re:iMusic industry news by mcgrew · · Score: 4, Insightful

      Perhaps Apple should start the iMusic label and start signing artists

      Because it's completely unneeded. The labels actually had a function last century, as it cost a shipload of money to record and press a record. These days you can build a studio, record your album, and get a thousand CDs professionally duplicated, with cover and printing, for not much more than the band's instruments are worth.

      The industry isn't going after P2P because you're going to hear one of their artists, they're afraid you'll hear an independant artist (probably 10 times as many "unsigned" bands than label chattel) and buy their CD instead of an RIAA label CD.

  2. misleading wording by Sloppy · · Score: 5, Informative

    record companies gave up their demand for copyright protection (called digital rights management)

    No, they gave up DRM, and copy protection is sort of related to that. They did not give up anything even remotely related to copyright protection, unless I somehow missed the part where Apple talked RIAA into releasing works into the public domain.

    That's just plain wrong. Bad reporter!

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  3. Re:Sorry, I don't speak Vague by Midnight+Thunder · · Score: 4, Informative

    Appleinsider also covered the same subject, so I'll you decide if it is any better:

    Heated Christmas call from Jobs secured iTunes changes

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  4. No Pity/Sucks to be them. by fuzzyfuzzyfungus · · Score: 5, Insightful

    Really, the ip0wning that the record guys are now receiving is their own fault(and I, for one, am experiencing everybody's favorite German emotion). They wanted DRM to protect their precious content. DRM is, by nature, inimical to interoperability. Thus, the record labels, by forcing people who wanted to buy music online to choose lock-in to one DRM camp or another, created a situation where the winning DRM "ecosystem" would be extremely valuable, and powerful, and all the others would be near worthless. Shockingly enough, playsforsureexceptonzune wasn't the winner.

    If the online music business were a bunch of generic outfits selling MP3s(or generic AAC) then the relationship between the labels and the retailers would be a lot more like the brick and mortar one. By pushing DRM, the labels created something they can't really seem to handle. Had they just stopped clinging to the nonsense dream of magic interoperable DRM, they might well have been able to avoid this. Idiots.

    1. Re:No Pity/Sucks to be them. by Andy+Dodd · · Score: 4, Insightful

      I was just thinking this - a lot of the article focused on how the music industry doesn't like Apple's dominance in the market. Then the article implies that they feel that removal of DRM *strengthens* this dominance.

      As you say, idiots... DRM is the major impediment to other music vendors succeeding, and probably the #1 contributor to the failure of many competitors to iTunes. Like it or not, Apple dominates the portable audio player industry, so if what you sell doesn't play on an iPod, you're toast. There is NOTHING preventing people from selling music that plays on the iPod, UNLESS you want DRM - then you're stuck with Apple.

      No DRM, no Apple control. Music vendors can potentially compete with Apple if they don't have DRM, and similarly audio player vendors can compete with Apple if the music isn't DRMed. (Although very few non-Apple players support AAC, even unencrypted AAC, there's no barrier to that changing.)

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  5. Re:Dependency and Apple by DrLang21 · · Score: 4, Interesting

    It takes a lot of time to develop an application as usable and stable as iTunes. So unless the labels formed a coalition to develop a strong competitor in top secret conditions, they would constantly be in fear of being removed from the iTunes store in the meanwhile. Not to mention that any competitor coming to the market right now would have to compete with a serious branding problem. Everyone knows iTunes and subconsciously accept it as the only option. Any new outlet would need to be able to offer something compelling that iTunes doesn't or better yet, can't.

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  6. Re:Dependency and Apple by tlhIngan · · Score: 4, Insightful

    According to TFA the music industry are now depended on Apples iTunes Store due to the major revenue. How come none of the labels have launched a similair service (it's not really the most original idea of all times)? I doubt they're lacking funds. If the itch is too annoying, why are they entangling themselves into more dependency? I it's not like it gets easier to detach from iTunes Store with time. I don't know, but to me it seems that everybody that touches Apple becomes stuck to it in some way or the other. Sure it's great for business, if your name is Apple. For everyone else: please bend over and cough.

    That's because the music industry demanded DRM. And guess what, they did try to open their own music store. But, like all music stores, they failed for one simple reason - there was no way people would buy music if they couldn't load it on their device. And the device that most people had? iPods. Whose DRM was proprietary to Apple. Which meant they could take a piece out of the non-iPods out there (along with the millions other stores), but that's it.

    The last gasp at trying to break into the iPod (and to get Apple to bend over to the music labels, rather than the labels bending over to Apple) was Amazon. Alas, while Amazon is popular (and #2), it still didn't hold a candle to iTunes' popularity. And Jobs knows that since the music industry was already wavering on DRM, now would be the time to also make iTunes DRM-free (Amazon is DRM-free, so iTunes should be able to demand same).

    This is an industry where a very limited customer base was considered a Good Thing(tm). Yes, Jobs went to the music labels, and promoted the limited marketshare of Mac users as a benefit in the experiment of selling music online.

  7. The music industry is funny by tkrotchko · · Score: 5, Insightful

    The gripe that they effectively created MTV, they gripe that the revived Apple.

    If I was a large shareholder, I'd fire the lot of these guys. Because either one of the two is true:

    1) They're lying as an excuse for their failures
    2) They have all this business opportunities that create entire new industries, but they can't get it done themselves, effectively giving up 10's of Billions of dollars.

    I wouldn't want those guys working for me, that's for sure.

    --
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  8. Further proof that Apple killed (music) DRM by SuperKendall · · Score: 4, Insightful

    DRM creates a natural grouping of power, and we are all lucky that Apple chose to use the power of distribution that eventually accumulated to them due to the use of Apple DRM, to try and break DRM.

    The article makes an excellent point at the end:

    "Mr. Card of Forrester, however, has a different take. "If it weren't for Apple, God knows how bad the music industry would be," he said."

    Even though the music industry had to be dragged kicking and streaming, Apple saved them - the 1.5 billion in revenue Apple generated for the music industry last year would probably mostly have been simply gone, replaced by downloading for the most part rather than album sales.

    Now if only they could do the same for video... I don't think Apple has the same leverage there though, as is evidenced by wacky policies around TV and movies in the iTunes store (like season passes for some TV shows costing more than buying each episode individually). I'm not even sure they have the same drive to try and get rid of the DRM they did with music. I don't know if that industry can be saved as easily.

    --
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  9. Re:Apply won't start by larry+bagina · · Score: 4, Insightful

    One point the article made (not that anyone read it) is that the labels were scared Apple would drop them.

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  10. Re: Exploit other flaws in system by TaoPhoenix · · Score: 4, Insightful

    You mean the pillaging of artists currently practiced by the labels? iTunes has profoundly revolutionized the music world, and is mostly fair to consumers.

    What about a label that revolutionizes management and actually works unobtrusively for the artists??

    NewBand: "Why should we sign with you and get 3 cents on the dollar before "expenses" when iMusic gives us 62 cents per buck *after* legit expenses?"

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  11. Re:DRM free? Apple is late to the party. by Lord+Flipper · · Score: 5, Insightful

    Again, how did Amazon and company do it?

    The Labels used looser terms with Amazon in an effort to rob Apple of some marketing muscle and negotiating "leverage" and it failed, on both counts.