Slashdot Mirror


Reflections On the Less-Cool Effects of Filesharing

surpeis writes "This snub is an attempt to point the finger at something I feel has been widely ignored in the ever-lasting debate surrounding (illegal) filesharing, now again brought in the spotlight by the Pirate Bay trial. I should state that I am slightly biased, as I have been running my own indie label for some years, spanning about 30 releases. It's now history, but it was not filesharing that got the best of us, just for the record." (surpeis's argument continues below.) I try as far as humanly possible to view the debate from all angles, and before entering the music biz myself, I was a strong believer in Internet as the driving force to develop new markets. Since then life has taught me a lot, and as said I will try to share one of my major concerns in this (hopefully) short snub.

My observation is based on a lot of trying and failing, as well as being a moderate user of filesharing myself — mainly to check out stuff I read about but cannot get my hands on in the local store back here in Norway.

My concern is about this argument, which has been seen in most any debate about this subject for the last 10 years, usually formulated roughly as below:

"Filesharing will provide massive marketing to new artists, and drive forward a new and more dynamic music market."

I beg to differ.

One thing that has become more and more obvious to me is that the power of the market more than ever is still safely held by the biggest corporations in the music biz. I will try to explain why.

If we use TPB as an example, they have about 10M visitors per day, which gives us a good base for pulling out stats. If you look at their Top100 list at any given time, you will find exactly 0.00% artists that are not (major) label signed. This might not be very surprising, as TPB naturally would reflect the music market in general.

But if one starts thinking about it, it has the ironic effect that TPB is a driving force of consolidating the market power of the major labels rather than driving forward any new music. The conclusion has to be that "pirates" are just as little resistant to the major label marketing as any other person. Even though there are thousands and thousands of artists out there that want their music to be shared and listened to, they are widely and effectively ignored by the masses. In fact, one might say that TPB and the likes are countering the development of new markets, simply because the gap between the heavily marketed music and 'the others' is wider than ever, when the bare naked truth about peoples taste in music is put into such a system.

This puts a heavy responsibility on the pirates, one that I don't think they are aware of nor able to handle. The day we find the top crop of the aforementioned artists that are actually free to share on the top 100 list, we have a winner. Until then the only thing that we will see "die" is the small indies that cannot benefit from heavy marketing. Thus, more market power is given to the major labels, and all of us reading this will be dead and buried long before they stop making a reasonable income from selling oldies and goldies, radio play, publishing, etc.

The actual 'mystery' is why the major labels don't see this themselves, and continues to take services like TPB to court. They are, and I'm pretty sure about this, the actual winners in the ongoing war. The price paid is extending the status quo when it comes to growing new markets.

So, ladies and gentlenerds: Are we really driving forth the music scene of the future? Or are we actually turning into useful idiots keeping the arch-enemy strong and healthy while the suppliers of correctives (indies, free music) are effectively kept out of the loop? What could possibly be done (technically or socially) to provoke changes to this and hit the major labels where it actually hurts?"

458 comments

  1. Flawed premise by Anonymous Coward · · Score: 5, Insightful

    The assumption is that pirated music should favor the less known artists somehow? Why would anyone be surprised that download statistics mirror sales and radio stats in general? It's just another outlet, but it CAN create awareness if sparked properly by other means

    1. Re:Flawed premise by Estanislao+Mart�nez · · Score: 5, Interesting

      The assumption is that pirated music should favor the less known artists somehow?

      The essay is implicitly assuming that the most popular artists are popular because they're signed to a major label. The argument seems to be that the all-too-common claims that filesharing is good for the independent artists are bunk; filesharing has done nothing to break the hold of the major labels on the promotion and marketing of musical acts. As long as they can hold on to those, they will survive, and eventually they will figure out how to take advantage of the internet to make loads of money.

      In the end, we'll have advertisements embedded into the hit singles, as part of the music and lyrics.

    2. Re:Flawed premise by Antidamage · · Score: 5, Insightful

      Agreed. The author seems to be implying that he was promised P2P would solve all his marketing needs. As a distribution system there is only one thing it reliably does: distribution.

      No matter what happens, you still have to tell people your music is on bittorrent. Even Trent Reznor has to do this and he favours exactly the kind of simple marketing that anyone can do.

      Since marketing is always going to be an uphill battle, you'd better STFU and get on with it.

    3. Re:Flawed premise by jonsmirl · · Score: 5, Insightful

      TPB is not really a music discovery service. You have to know the name of the track to find it. Last.fm is a discovery service. I've listened to over 7,000 different tracks via their streaming service.

      Last.fm needs more fine grained control over their stream contents. Some tracks in my library have been streamed 200 times and others never get streamed. There is no way to stop these tracks that are getting streamed too much other than banning them. But I kind of like the track so I don't want to ban it. I just don't want to hear it over and over.

    4. Re:Flawed premise by PinkPanther · · Score: 5, Insightful
      But the article focuses on "illegal file sharing". What the author completely misses is that the "recording industry" is not allowing the true power and freeness of digital music distribution/sharing. Any analysis today must take into account that most activity (especially TPB-type activity) is specifically "in violation of the copyright holders' (*IAA) desires".

      So yes, the current activity is not conducive to indie labels specifically because the recording industry makes it clear that "P2P is piracy". People don't share music links in blogs/myspace/facebook/etc... because "it is wrong". Some copyright holders find themselves getting into trouble by sharing their content (e.g. YouTube taking down stuff that an artist themself put up).

      The power of P2P is not in having "pirates" share music. It is allowing fans to freely share and promote artists. This is not something that can be done today without fear of retribution from an industry that doesn't care about facts or truths.

      --
      It's a simple matter of complex programming.
    5. Re:Flawed premise by fuzzyfuzzyfungus · · Score: 4, Interesting

      "In the end, we'll have advertisements embedded into the hit singles, as part of the music and lyrics."

      Already available: Just talk to your fine friends at http://klugeragency.com/ (warning flash, music, and a black hole of tastelessness). See this for the hilarious incident where Kluger contacted the anti-advertising agency in what was, shall we say, a lapse in judgment.

    6. Re:Flawed premise by davidphogan74 · · Score: 5, Interesting

      Exactly right, IMO. I've shared music of bands that have been defunct for 5-10 years, and get a bunch of downloads. I've ended up talking to some of these downloaders, and they typically buy whatever they can, but there's not much.

      TPB may not list them in the top 100, but I'm helping clear merch for bands that don't even play anymore. It also turns people on to the bands they're now in, since I try to mention those as well.

      Yeah, there's a lot of pirates, but there's also good uses for P2P that may technically break copyright. In most cases I can't find the people with the copyrights, in others they just don't care anymore.

      P2P seems to be one of the best ways to archive music in multiple sites that exists. Many of the recordings I've shared are masters, and nobody but me had a copy until P2P. I like to think that they're much more likely to survive with 50 people having digital copies than one.

    7. Re:Flawed premise by NoTheory · · Score: 5, Insightful

      The original post AND all these comments miss the point.

      File sharing is a means of distribution , NOT marketing .

      If you are trying to get popular by being the top download on The Pirate Bay, then you're doing it wrong. In my experience, there is very little horizontal movement between pieces of content on torrent trackers. You go to the torrent tracker with something mind, you find it, you download it, you're done. Other media like SoulSeek are much better as an exploratory sharing system.

      Nor are popular bands popular just because they're signed to major labels (otherwise Poe one of my favorite artists would be considerably better known than she is). They are popular because major labels and other soul crushing pieces of media machinery market them heavily through all the things that people are connected to. Television shows, movies, radio, the blogosphere, etc.

      If you want to be popular, make yourself notable AND easy to get. Torrent trackers take care of the second bit. You've gotta take care of the first bit.

      --
      There are lives at stake here!
    8. Re:Flawed premise by thetoadwarrior · · Score: 1

      He's debunking the old claim that file sharing helps unknown artists so he's not saying that and in fact proving it does little to nothing for the lesser known artist.

    9. Re:Flawed premise by Narpak · · Score: 1

      It is important to make the distinction between filesharing (P2P or otherwise) and piracy. Piracy is the distribution of copyrighted material for free (or that is the essence of how I understand the term). Filesharing is just distributing files from your computer/server/client that others might be interested in downloading; it makes no distinction between what type of material this is.

      The files so distributed are available reflected upon their popularity; the more people downloading something, the more likely it is to be commonly available. Therefore Metallica or current popmusic will by easier by far to get at than your local garage band. In fact if you are not specifically looking for your local garage band it's presence will just drown among all the other things you are not looking for.

      What the author seem to miss, or don't mention, is that marketing will always give you an edge over all the other competitors for attention. However, filesharing and the emergence of the internet, and decentralize distribution, gives Your Local Garage Band tools that are nodoubt incredible powerful. They can reach just about every person on the planet with an unrestricted, or only marginally restricted, internet line. Through filesharing and the internet they can effectively and cheaply make copies available for download (purchased or otherwise) at a scale that would be impossible for any musician a decade or more ago.

      That being said as a local garage band you can not just put up a torrent and except everyone to jump at it. You have to be decent musicians (in a way that is appealing to someone somewhere); and you have to get someone that like your type of music to listen to it, to tell their friends about it, and to talk about it online. The only way anyone will ever go download your music, and thus distribute it for you, is if they know about it and know were to find it.

      While the music industry, at least the part most of us refer to when they write "the music industry" at sites like Slashdot, have a HUGE advantage when it comes to telling people about the music/product they are selling. An advantage that a new unknown band will never have. The best outcome those new bands can hope for is that the established industry collapses totally; giving everyone a more equal chance to wave their arms for attention. But you should never underestimate the number of people and bands waving their arms desperately to be noticed.

    10. Re:Flawed premise by Znork · · Score: 5, Interesting

      TPB may not list them in the top 100

      I'm not sure TPB's top 100 is a good list to track distribution of independent and net-savvy bands either way; if they're distributing freely via their own site, or have their works easily available through sites like e-music, it'll quickly skew the statistics. For many unsigned bands or their fans, there may simply not be any need to involve TPB.

      The statistics on last.fm are a bit more interesting then, and the post-Radiohead net release charts were amusing, as they were rather, eh, dominated by Radiohead.

      In the end tho, marketing is still efficient, and channel control even more so. As long as the big labels retain the financial muscle to heavily influence most mainstream media outlets, they'll dominate the top lists.

      Hopefully they'll lose that muscle through a combination of factors. On one end from the loss of ROI on overmarketing as p2p copying undermines it, and on the other as the importance of media outlets becomes fractured into personalized and socialized networks driven by the taste of at least a few more individuals.

      Unfortunately it's going to take a while for the labels die. And until their control begins to slip the game will remain rigged..

    11. Re:Flawed premise by stonewallred · · Score: 5, Interesting

      Why would indie artists that support free sharing of their music be high on the list at TPB? The artists that allow downloading of their stuff usually offer it off their website, not via torrents. I don't go to TPB to download the latest VLC or Media Player Classic, they are on their webpages, just as indie artists music is. Dude tries real hard in the article but fails to make this easy to see explanation.

    12. Re:Flawed premise by Anonymous Coward · · Score: 0

      I think he is missing *WHY* people use torrents.

      1 of 4 reasons
      1) get something faster as the server serving it up is too slow.
      2) get something for free (no cost). The big one.
      3) you have some feeling that you are 'helping' a distro/band/service in some way. Some sort of brand loyalty.
      4) the 'give me free bandwidth and I give you free stuff' mantra. Or in another way of putting this, depending on the goodwill of the end user.

      4 is what he was counting on. I would not build a business on the goodwill of my customers (many are cheap bastards). Maybe he was then depending on catching a viral wave that the internet can *SOMETIMES* produce. Such as being rickrolled or numa numa. The sort of thing being rare. One hit wonders are rare but lucrative.

      He was also depending on something that was proven fairly true in the late 1990s. If you build it they may or may not come. You need to lure your audience away from other sites to yours in some way (promotional, advertisement, gimmicks, free stuff other than music,...). You need to do what the big labels do. That is advertise. You think front page on MSN/Yahoo/iTunes are cheap? He should have been advertising on the very sites that he was trying to lure people away from. Such AS pirate bay. In the end however he probably did not have a very compelling swath of music to listen to. 30 artists with say 5 cds worth of music is 150 cds or 1500 songs. That may seem like a lot but if they are all similar in sound people will move on to other sites. If it was 30 CDs it was an even worse situation.

      I own about 500 CDs out of those I would say about 10-20 CDs (not all on the same cds) worth is 'this is AWSOME'. Another 60%-70% or so is so so or 'ok thats kinda cool'. The rest meh...

      In the end if no one knows you exists. Your torrents will only consist of one seed, yourself. You need to advertise. It is not just enough to put your torrent up on the pirate bay and hope for the best.

      Go watch some of the early Metallica shows (masters of money these days and whining about torrents). They would literally stand in front of the audience holding up a copy of their latest album and say 'this is our newest album go buy it and here are a few songs off it'. His acts should have been doing the SAME THING. 'Here grab a sheet with the URL on it and GET OUR MUSIC' and toss out a stack of paper into the audiance. At every show.

    13. Re:Flawed premise by razvan784 · · Score: 1

      Piracy is the distribution of copyrighted material for free

      No, piracy is an aggressive act committed on the high seas. Calling data duplication piracy is like calling 20km/h over the speed limit rape or murder. While that is expected from the *AAs, we shouldn't be feeding such exaggerations.

    14. Re:Flawed premise by MikeFM · · Score: 1

      Being able to BT a file instead of buying a CD makes me more likely to try an artist. Being free on iTunes and Jamendo would be a good start too. Being free isn't enough to make me interested though. You have to let me know your product exists and make it worth my time to download and listen to. Even free products have to compete. I'd suggest learning about online marketing and from the opensource community.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    15. Re:Flawed premise by denton420 · · Score: 1

      Yeah. Sorry to break it to you but your commentary is far from observing all of the possible angles to the situation.

      The premise is flawed. People do not want to listen to indie stuff for the same reason that they do not get signed by major record labels. Their music either sucks or appeals to a very small audience. Therefore you will always have a relatively small amount of people seeking out this music. This explains the 0.00 % representation on TPB top 100 lists.

      Word of mouth is MUCH more powerful than any marketing campaign. This has been proven time and time again beyond any reasonable doubt. Your little indie bands are just not worth talking about because they are just not that good. You need to come to grips with that fact...

    16. Re:Flawed premise by Anonymous Coward · · Score: 0

      This is a great point. The fact that filesharing is illegal affects how it is used. Right now, all the illegal P2P sites have a bare minimum of infrastructure, so any music discovery features are out. If filesharing was made legal then legit businesses could be built around it, and maybe a P2P music discovery service would be something people would like to use. Imagine Last.fm or Pandora with no limitations on what music you could listen to and complete playlist control instead of the nebulous and random "stations" they now use.

    17. Re:Flawed premise by Maxo-Texas · · Score: 1

      I would also say, if I have $100 to spend, then once you past 6 to 10 bands I like, someone is not going to get money unless someone lowers the price of their music below the $10 to $15 range.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    18. Re:Flawed premise by jabithew · · Score: 1

      Yeah. The reasoning, as I understand it, is that by reducing marketing costs/increasing marketing power TPB and its peers should even out the selling power of the smaller labels and the majors. This should enable the indies to bypass some of the barriers of entry to the music market and even out the market shares.

      It is kind of similar to the long tail. If you believe that TPB is effectively free advertising* then it should have a similar effect to the reduced marginal costs of distribution observed with Amazon and its peers.

      Actually, in both cases, we've seen a consolidation and bulking of products in the mass-market. This casts a lot of doubt on the long-tail theory, amongst other things.

      As other people have pointed out elsewhere in this discussion, TPB does not provide a music discovery service, so people just take what they know. Also it's more likely that someone will torrent a major record, and the more common something is, the easier it is to download it (an inherent property of any p2p tech). If there are only two Norwegians seeding, the chances are you won't be able to download it even if you wanted to.

      *For the record, I believe that TPB et al impose a deadweight loss on creative industries. But that's not actually relevant to my argument, which is why it's relegated to this footnote.

      --
      All intents and purposes. Not intensive purposes.
    19. Re:Flawed premise by asparagus · · Score: 4, Interesting

      If you want to be popular, make yourself notable AND easy to get.

      I concur. Now, onwards to shameless self promotion! Or rather, I don't know if I'm notable, but "easy to get" seems accurate. :P

      You can download my first feature off of LegalTorrents: Seven Dead Men.

      Hope you enjoy.

    20. Re:Flawed premise by Anonymous Coward · · Score: 0

      Exactly. The Internet distribution model gives you an opportunity as an "indie" that simply did not exist 10 years ago. Back then you had virtually zero chance to get yourself heard if you couldn't get a recording contract.

      So while you now have a viable distribution method you still are faced with getting the word out about your music, in other words, marketing. TPB isn't the place to market your music. There are much better places on the Internet to do that.

    21. Re:Flawed premise by Anonymous Coward · · Score: 0

      What you describe is commonly known as the "orphan works" problem. This is a known issue, to both attorneys working in the copyright area, and to members of Congress that follow copyright matters. However, many of the "fixes" have their own problems, so the United States has approached this issue cautiously. There are a number of working examples in other countries, but they have their own downsides.

      Circumventing the issue entirely by "freeing" the copyrighted work without the artists' permission (if you *do* get it, kudos to you for your work) is rather unnecessary self-help. If someone wanted something to be free in the first place, they could have easily make it so.

    22. Re:Flawed premise by N1AK · · Score: 4, Insightful

      The power of P2P is not in having "pirates" share music. It is allowing fans to freely share and promote artists. This is not something that can be done today without fear of retribution from an industry that doesn't care about facts or truths.

      Fans are freely allowed to share the music of any artist who allows it and can do so without the fear of retribution. The point is that even though major label music sharing is illegal it still gets shared far more widely than any music released by someone with less restrictions.

      The author's point is valid, TPB and other major torrent trackers do nothing to help publicise little known acts (something that people have argued against). In fact they arguably help the status quo because many people will get music off trackers 'for free', but might of been willing to try out new bands who offered music for free if they couldn't get mainstream material off trackers.

    23. Re:Flawed premise by davidphogan74 · · Score: 2, Interesting

      I'm not sure TPB's top 100 is a good list to track distribution of independent and net-savvy bands either way...

      It's not. 100 out of how many torrents? 10,000? 50,000? 250,000 torrents? Can we ever really know.

      The point was that recordings that could otherwise easily be lost are preserved 50 times instead of once. Imagine if through the history of humans we had a chance to have 30 to 250 times the number of archivists just because of an internet service.

      Some may abuse it, but there's a valid cultural reason to allow public trackers. I can't afford to host one.

    24. Re:Flawed premise by Anonymous Coward · · Score: 0

      Ever heard a Rap lyric? If they aren't getting paid by Henessey and Dayton Wire Wheels, they should be....

    25. Re:Flawed premise by surpeis · · Score: 1

      Hello, and thanks for posting your views

      This was not at all what I wanted to say. Im sorry i didn't reach out to you, and guess even the most simplified of posts cannot be absorbed by all.

      I was not running a label when filesharing and P2P entered the scene. I was a music enthusiast, and a web enthusiast. I had strong faith in the future of music developing into a more user controlled and vivid scene than the (in my opinion) one-dimensional commercial market. As I see it now it has actually worsened, and i used TPB to examplify why and how. I over simplified it with strong belief in most /.-users being able to fill in the blanks, and most of them did.

      I agree 100% with marketing being an uphill battle, but the point that overshot you is that earlier the "customers" (or listeners if you like) had no chance of controlling the market when it came to what being provided other than through their wallet. Now they have this ability, but unfortunately they don't use it from what I see.

      Trent Reznor, who btw brought one of my bands along for support with NIN, has the money and the leverage to make an impact on these services. This simply because people will follow marketing as mindless sheeps. And the one with the most money will thus have the most power as long as the sheep-thing is in effect...

      If it was only Reznor doing this I would not be concerned, but the same goes for Britney Schmears, Schmo-Rida and other wortless crap designed with no other purpose than to avoid as much market friction as possible.

      If this doesn't concern you one bit, that's an honest thing. But if you think what I need to learn to be enlightened is your 1.0.1 on marketing i suggest you STFU yourself and read my original post again.

      I don't even run the label anymore, for other reasons than filesharing. So my "marketing needs" has absolutely nothing to do with it as you so insightfully imply.

      My loss will in the worst case scenario be that I will have to get bombarded by utter crap from the major biz back in L.A. even after the consumers have been handed power they are unable to use sensibly...

    26. Re:Flawed premise by Anonymous Coward · · Score: 0

      Thanks for posting, and no need to be sorry.

      *sighs*
      I dont run the label anymore, as is clearly stated in the post. This has NOTHING to do with me an my projects, its a concern that we will se even more consolidation of the power to the major labels with an even less diverse music scene than we have today. I find that quite ironic given that the audience/customers now have the ability and means to build up a corrective music network regardless of the major biz and copyright. I suggest you read my parent post again.

      My concern is that I don't see ONE artist out there that was brought forth by the amazing possibilities of filesharing. And thats spanning more than 10 years of deep-diving into the musical streets of the Internet. The TPB top 100 was merely en example of how mindlessly the filesharing-community is following the marketing of the major labels they think they are actually tearing down...

      Your simplified version on why bands are on indies are also lacking alot of possible angles that im not gonna get into, but the naked fact is that ALOT of band start up at an indie, and then is overtaken by majors when and if they manage to get a following. I have a strong feeling that you don't have alot to learn me about the subject since I have worked with this on both a domestic and international scale, but I choose to see you remarks as a result of you misinterpratinng y post due to me being unclear or my english being sucky as it my second language.

    27. Re:Flawed premise by diggitzz · · Score: 1

      Nor are popular bands popular just because they're signed to major labels (otherwise Poe one of my favorite artists would be considerably better known than she is).

      What? Poe was extremely popular when she first showed up on the major label music scene in the 90's. Of course artists become popular just because they're signed to major labels; the labels to all the legwork for targeted marketing and distribution. Surely you thought of this direct effect?

      They are popular because major labels and other soul crushing pieces of media machinery market them heavily through all the things that people are connected to. Television shows, movies, radio, the blogosphere, etc.

      Hmm... it appears you did think of it, Mr. Self-contradiction. So, uh, what was it your argument was about?

      --
      -=[You cannot consistently judge this statement to be true.]=-
    28. Re:Flawed premise by Anonymous Coward · · Score: 0

      File sharing is a means of distribution , NOT marketing .

      Correct, but TPB also happens to run a "most popular" list, which is a form of marketing.

      Remove the download stats and ranking pages... then TPB would be a pure distribution system.

      The author is saying that TPB's Top100 list mirrors what the RIAA markets (of course). Since indie labels will never be able to compete with RIAA marketing, they will never enter the Top100 or even Top1000.

      Using file sharing as a distribution mechanism is not actually creating a new business model, but merely creating a new distribution model.

    29. Re:Flawed premise by FishWithAHammer · · Score: 1

      Hint: the definition of piracy as copyright violation has been around for about 200 years. You're an idiot.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    30. Re:Flawed premise by mabhatter654 · · Score: 1

      the argument many downloaders make is that they want to "discover" new artists. But that's really not the case. TPB is just about getting free stuff without paying... and it's the same stuff that's popular at the store.

      This is also the reason labels are going after TPB and others. TPB is not building their markets either... TPB spends no marketing money of it's own (they don't make a profit, remember). Ultimately, it's just a bunch of moochers. I suppose what the article is seeing is the same as the "Windows Piracy effect" the fact that the mainstream stuff is "free" means everybody just gets that, rather than exploring new stuff... so it's just back to what company spends the most putting ads on TV and Radio for their stuff.

    31. Re:Flawed premise by nutrock69 · · Score: 1

      In the end, we'll have advertisements embedded into the hit singles, as part of the music and lyrics.

      If the goal here is to advertise the artists themselves, then this shameless bit of self-promotion has been around for a while.

      I don't know exactly when it started, but I first started noticing it in the late 90's - particularly in hip-hop / rap / dance tracks - the artist would speak their own name during the song. If there was a "Featuring..." guest artist, that person would also name themselves. Pretty annoying, imho, but in most cases it at least gave me an easy way to know who NOT to buy...

    32. Re:Flawed premise by mabhatter654 · · Score: 1

      the point is that when a label calls up Jay Leno, a new artist gets on TV that nite. When a label calls up Ryan Seacrest, they get play on the top 40 show that week. When labels call up ClearChannel execs they get on 100+ local radio stations that week.

      Try to submit YOUR work to a local radio station, or to MTV or to Jay Leno... no matter how many fans you have they're not even going to talk to you because YOU don't have any money, and YOU don't have all the legal clearances... nobody actually takes a chance on unknowns anymore.

      The best you can do is get on someplace like emusic but then you're "just a name" in ten thousand others.

    33. Re:Flawed premise by Gaian-Orlanthii · · Score: 1

      Don't forget the ISP effect.
      If you have a crappy home internet connection (and thanks to the greed and bullshit of the world's telcoms, how many don't?) how can you seriously be expected to share obscure and possibly eclectic media for long enough for that media to become reasonably well distributed?
      Try finding 'Up In Town' starring Joanna Lumley or a pre-2001 documentary from the BBC or Channel 4 on The Pirate Bay.
      Vested interest groups still control the culture.

    34. Re:Flawed premise by Chabil+Ha' · · Score: 3, Insightful

      Not necessarily, I frequent the Top100 to see what everyone else is listening to. I've picked up on a few bands I hadn't heard of previously, but most of time its junk that I don't particularly care for. I don't listen to music radio, so this is a way for me to get plugged into what most people are listening to. Most of it gets removed within a couple days.

      To me this is one of the most 'organic' ways to know what is popular out there.

      --
      We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
    35. Re:Flawed premise by ukyoCE · · Score: 2, Informative

      I'm not sure I've ever heard people claim that "peer 2 peer file sharing promotes new music". If anything it's the opposite - you don't find music on p2p unless you go looking for it.

      However the *internets* as a medium, primarily websites, e-mail, and linking, DO promote lesser known artists. Sharing music with a friend used to require physically handing over your own personal copy of a CD (or cassette) and hoping it doesn't get messed up. Or best case, recording a tape and handing it over physically.

      Now, bands like The Minibosses which could takes years to spread through a niche audience using physical networks, can spread overnight by being linked to (and immediately listened to) from niche blogs.

      p2p though? Hypothetically that made sense for a brief period of time between when the internet became popular and bands started putting up websites and myspace pages with music samples. But nowdays myspace, youtube, and band websites are how new music gets spread.

    36. Re:Flawed premise by fwarren · · Score: 1

      As someone once said. Piracy is a "success" tax. If no-one knows of you or is buying your product. You have zero sales AND zero piracy.

      The more you sell, the better known you are, the more piracy you will experience. Thus the concept that piracy is a tax on success and those that are hurt the worst by it, can best afford it.

      I know we should all leave Brittany alone. Yet somehow she is doing just find despite everything that is pirated. The band down the street that is not discovered, may have cut several CD's, but they are not pirated. They are not hurt by piracy, they are hurt by obscurity.

      --
      vi + /etc over regedit any day of the week.
    37. Re:Flawed premise by Petrushka · · Score: 3, Interesting

      See this for the hilarious incident where Kluger contacted the anti-advertising agency in what was, shall we say, a lapse in judgment.

      It was certainly a lapse in judgment, but actually I don't see a problem whatsoever with that model of advertising in principle. It's how performing artists got started in the first place. Paying an artist to promote you -- art on commission -- think of praise poems. Here's a small sample from an ancient Greek poet, Pindar, in a poem commissioned to celebrate someone's victory at the Olympian games:

      ... Know this, son of Archestratos:
      it is because of your boxing, Hagesidamos,
      that as an ornament to your golden olive garland
      I shall cry aloud sweet songs,
      celebrating the race of the western Lokrians.
      And now, party on! I'll guarantee,
      Muses, that he will return home to a people who are not hostile to visitors,
      not oblivious to fine things,
      but they possess the height of wisdom, and skill in the spear.
      For neither the fiery fox
      nor loud-roaring lions would go and change their own innate character.

      Now, this was probably commissioned by the athlete's native city, rather than his family: Pindar spends more time advertising the city than the athlete. And now? Pindar's victory odes are now among the most highly regarded poetry of all time (not widely read, though, since he's pretty hard going, and he does a lot of very fancy stuff with rhythm and pacing that don't come across in translation).

      As an advertising model, I really have no problem with it. There's a safety measure built in: the advertiser isn't the one deciding how to do the advertising. That's the artist's job. I reckon that -- within limits -- it's a perfectly decent and moral way for an artist to make a living.

    38. Re:Flawed premise by Reziac · · Score: 1

      I couldn't get Last.fm to work here so I'm not sure how this is controlled there, but... seems to me that a simple weighting system would fix that issue. If you want to hear a track more or less, raise or lower its "personal score".

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    39. Re:Flawed premise by Reziac · · Score: 2, Interesting

      This is exactly what I'm talking about up above. Bit-track (new verb :) those indies on an indie-ONLY tracker so the signal to noise ratio won't drown them out. Who would ever find your film on TPB? No one, since they'd have to hit it by sheer chance. Who would find it on an indie-only site? Well, at least there you've got a fair chance to be seen.

      BTW you might want to put the link in your sig so it gets seen more often. That's where I found my fave internet radio -- in someone's sig.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    40. Re:Flawed premise by sapphire+wyvern · · Score: 1

      I grant this post a +1 Interesting no-moderation. Sorry, all out of points. :(

    41. Re:Flawed premise by rhyder128k · · Score: 1

      Exactly right. Let's say you see a band at a local venue and you like their music. After the gig they set up a table selling some CDs that they've made on sale for $4. They're going to struggle because they're competing with professionally produced and marketed material for free.

      I bet the major labels would have gone out of business by now if it wasn't for downloading. Making all the mainstream stuff free has stopped the independent musicians from going into business for themselves.

      --
      Michael Reed, freelance tech writer.
    42. Re:Flawed premise by Roblimo · · Score: 1

      Move to the Tampa Bay area in Florida and submit your work to WMNF. They play lots of local music; might even have you on the air live or book you for one of their many popular pconcerts.

      http://wmnf.org/

    43. Re:Flawed premise by mlinksva · · Score: 2, Informative

      TPB is a music (and other media) discovery service to the extent people look at its "top" pages.

      Last.fm is of course much more interesting as a music discovery service. For those with concerns like the author of the post, check out http://libre.fm/

    44. Re:Flawed premise by mlinksva · · Score: 1

      I don't think the premise is that filesharing should favor less known artists. The premise is that it is ironic that it favors major labels, ie some of the main entities trying to shut down filesharing. That is pretty ironic, no?

    45. Re:Flawed premise by mlinksva · · Score: 1

      filesharing has done nothing to break the hold of the major labels on the promotion and marketing of musical acts. As long as they can hold on to those, they will survive, and eventually they will figure out how to take advantage of the internet to make loads of money.

      Indeed. Filesharing isn't going to break major label hold on our minds any more than sharing copies of Microsoft software was going to break that company's hold on our computers.

      In the end, we'll have advertisements embedded into the hit singles, as part of the music and lyrics.

      Yep, and if we're willing to look to other cultures, it's probably already happening, see http://gondwanaland.com/mlog/2008/02/23/copypop/

    46. Re:Flawed premise by Anonymous Coward · · Score: 0

      The Top100 rank is misleading.

      More useful statistics are the proportion of all songs which belong to the Top100 rank. By definition, few alternative distributors are ever going to be in the Top100 (less than 101). The important thing to know is whether there is a long tail or not.

    47. Re:Flawed premise by thebrave · · Score: 1

      And even if it's free, that oddly don't mean that I won't try to buy something from the artist. I think that they are underestimating internet users, I know that artists have to live, they deserve profits for they success. But because we're also cheapskates, paying 20euros (26usd) for an album is definitely too expensive.

    48. Re:Flawed premise by diggitzz · · Score: 1

      I was quite pointedly refuting the notion that popular bands aren't popular due to their signing onto a major label. Obviously they ARE, and for exactly that reason. The parent poster pointed this out in his very next paragraph, and you pointed it out again. Thanks for adding more fodder to my argument ;)

      --
      -=[You cannot consistently judge this statement to be true.]=-
    49. Re:Flawed premise by hyperquantization · · Score: 1

      As an advertising model, I really have no problem with it. There's a safety measure built in: the advertiser isn't the one deciding how to do the advertising. That's the artist's job. I reckon that -- within limits -- it's a perfectly decent and moral way for an artist to make a living.

      Although I fundamentally agree with your argument and conclusion, I think it's important to play devil's advocate and address exactly why so many people find this business model disturbing.

      As it seems to me, this advertising model to implies that cultural development (specifically pertaining to pop culture) is trending towards commercial promotion more than artistic creation. The involvement of corporate influences in music seems akin to violating the hallowed ground of original inspiration--instead of enriching listeners with the organic nature of cultural development, the masses are fed with deliberate attempts at control. Generally speaking, when people realize that their perception is not reflective of reality, but an engineered facade of which they have no control, they tend to panic.

      On another note (and to go out on a fairly shaky limb...), even though product placement isn't a particularly new concept, the concept of 'Mass Culture' is rather recent. Pop culture exists for the exact reason why communication is such a hot-bed of development: the desire for availability; pop culture is significantly more readily available than high culture, which is usually reserved for those who can afford it. Needless to say, as communication becomes cheaper and easier, so does the transmission of culture. In response to this, however, the availability of pop culture becomes disproportionately greater than the availability of current 'high culture' (e.g.: indie labels/artists, artistic reinterpretations, etc.), simply because the demand for immediate, cheap entertainment usually ends up significantly greater than the demand for expensive, quality enrichment (a la Maslow's pyramid), as evidenced by TPB's top 100 list (private trackers are fairly inaccessible to the general public, thus are considerably irrelevant). This is a frightful thought for those who are concerned with the growth of culture, as it seems that pop culture will dilute intellectually stimulating media to the point where all that's left to consume is canned, catchy tunes that everybody can nod their head to.

      Personally, I have a hard time believing that it will ever come to this end -- the urge for personality, creativity and originality are too primal and intrinsic to our nature to be extinguished any time soon. However, people will continue to consume that which takes the least effort to consume. As long as our current economic model prevails, we will continue to see the corporations making huge profits off of Mass Culture.

    50. Re:Flawed premise by canix · · Score: 1

      I bet the major labels would have gone out of business by now if it wasn't for downloading
      How naive can you be?

    51. Re:Flawed premise by TOGSolid · · Score: 2, Interesting

      Filesharing in general isn't going to 'promote' indy bands, it's just a way to get your music out there. You're still responsible for your own marketing and trying to lay the blame on pirates for people having not heard about you is just faulty logic. Get your album out there, get friends to help you seed it, toss an article about yourself on Wikipedia and try to get it linked to the general genre articles. Be sure to put your stuff on Youtube and tag the shit out of it. There's a lot more you can do on the internet to get yourself recognized, but you've got to work for it. Just because you formed a band doesn't mean people will magically show up at your concerts and buy/download your stuff. You can be the best performer ever, but if the only people who have ever heard of you are your dog and grandmother, then that's your own fault.
      As far as the top100 lists are concerned, you have to remember that most pirates are tourists. They hop on briefly to download the latest hit album that 'omg their BFF like totally recommends.' So trying to use TPB's top100 list as a metric for success is just going to lead to total disappointment.

      Some indy bands have jumped the filesharing wagon and are seeding their own music out there. Battlelore immediately springs to mind as someone who's doing it, and doing it successfully. They give you the entire album and put into a couple of the tracks a "you're listening to Battlelore's new album *insertnamehere*" message. You get to demo the entire album, they get free marketing, extra sales and fans, and everyone goes home happy.

      (sidenote: Do check out Battlelore, they're all sorts of win)

    52. Re:Flawed premise by ciderVisor · · Score: 2, Funny

      In fact they arguably help the status quo

      That's just not fair ! The Quo have been rockin' all over the world for 40 years. Time for a new band to get some help.

      --
      Squirrel!
    53. Re:Flawed premise by Waccoon · · Score: 1

      It is allowing fans to freely share and promote artists.

      Provided the content being credited correctly, which is the other purpose of copyright. Sure, the stuff that already blares on the radio and TV 24/7 is going to credited correctly in the end, because people search for the content by name and artist, and there's enough volume to ensure that at least somebody gets it right. What about all that stuff from the little guys spread as "unknown"? You only need one mis-credited title to cause a lot of headaches for a long time.

      Some fans they are if they can't even spell the artists' names correctly.

    54. Re:Flawed premise by spliffington · · Score: 1

      I agree. Looking at the top 10 torrents (best seeded) on the "most popular" private music torrent sites (each with over 100,000 users) a small segment is on major labels. Those that are on a major label are quite old and not heavily marketed to the youth anymore. Like Miles Davis- Bitches Brew. Meanwhile acts like the Black Lips, Blue States and bed room dj DJ frane are dominating the top 10 lists. These trackers place no restriction or bias on the type of music or copyright of the music torrented. While this does not represent the general cross section of people using torrents, it does represent what happens with bittorrent "communities". People discuss, share and promote artists that are fresh and interesting. Unfortunately gaining access to these private communities requires a slight bit of savvy not present in the general population yet, so I am sure that biases the poll. However if it were not for the legal status of these sites in many countries the barrier to entry would be 0.

    55. Re:Flawed premise by KillerBob · · Score: 1

      The power of P2P is not in having "pirates" share music. It is allowing fans to freely share and promote artists. This is not something that can be done today without fear of retribution from an industry that doesn't care about facts or truths.

      Ah. But in order to be a fan in the first place, you have to know the band exists. That means you have to have heard their stuff. How many Clearchannel-owned radio stations play indie music? (How many of you even know which stations aren't Clearchannel?) Aside from some of the really big names who are currently unsigned (or who are signed to their own label), like the Rolling Stones, and The Offspring, have you ever even heard of some of the indie groups, or the ones who are signed to smaller labels entirely?

      If I were to mention, for example, the band Spiral Beach, how many here have heard of them? Some, I'm sure. But a great many who haven't, because they're signed to a small Canadian label, and don't tend to get played on Clearchannel stations, even the ones that broadcast in Canada and have to meet the CanCon regulations.

      The essay's point is this: Most people don't go looking for stuff they haven't heard of. As a result, P2P and download sites don't tend to have the hidden gems and indie productions on their top 100 list. Because of that, a lot of people will never hear of the band. Rinse. Repeat.

      How many people only ever listen to stations named Z, or The Fox, or Bob, or KISS, or Hot, etc? P2P has replaced the old way of spreading bands around: making a mix for somebody. Because you can do it yourself, you're only ever going to make a mix of people you've heard of. The result? Sign onto a big label who can/will get your name out, or risk being stuck with a total fan base of 1000 people.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    56. Re:Flawed premise by KillerBob · · Score: 1

      There's stations elsewhere that do that, too... Live 88.5 in Ottawa, Ontario, for example. They play tons of local and indie music, and even do an annual battle of the bands-type contest with $5000 in funding in the first round, $40,000 the second, and $250,000 the final. They also own a club where they've been known to have concerts for indie bands, as well as to host some bigger names for surprise and invitational concerts.

      http://www.livelifelive.fm/

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    57. Re:Flawed premise by csartanis · · Score: 1

      TPB is not a music afficianado website. Google is your friend.

    58. Re:Flawed premise by Perl-Pusher · · Score: 2, Informative

      Exactly, market yourself! What a label can offer an artist is up front production cost and marketing. That makes them a powerful force. But technology has made it possible to promote your self. But you have to be creative! First issue, production, it is now possible to create a complete studio digital master in a home studio. But you need to learn how to use the tools and proper recording techniques. Second marketing, in a word play. Everywhere, anywhere generate a local following. Be out there and accessible. Third, use media technology. Produce videos, put them on YouTube. Make them original get them noticed. A singing cat can get more hits than a band. So make a video that is funny tells a story whatever and use your music as a back drop and have the end fade to your web address. There are many ways to market yourself. But it takes commitment! Don't be shy! If you believe your great show us. Don't expect pirate bay to do your work for you.

    59. Re:Flawed premise by bickle · · Score: 1

      It's not a flawed premise. The author clearly states his assumption in the beginning: "Filesharing will provide massive marketing to new artists, and drive forward a new and more dynamic music market." It had it's own paragraph. It was kind of hard to miss, really. This is a fairly common statement heard in filesharing debates, which is why it is being discussed by the author.

    60. Re:Flawed premise by Anonymous Coward · · Score: 0

      The assumption is that pirated music should favor the less known artists somehow?

      No, the assumption seems to be that the distribution method should have somehow (magic?) also marketed the music. Think iTunes, not Pirate Bay.

      Oh, wait, you have to pay Apple to be on iTunes? Maybe THAT'S why Apple makes money. Now I get it.

    61. Re:Flawed premise by PinkPanther · · Score: 1

      Fans are freely allowed to share the music of any artist who allows it and can do so without the fear of retribution.

      Then you haven't been paying attention. There are tons of stories of people having posts pulled, accounts disabled/deleted, etc. because of perceived copyright issues.

      Many ISPs and platform providers would rather work against their own customers than face the possibility of working against RIAA lawyers. They won't take the time to determine who the real copyright holders are, much less expensive (and immediate) to just cut the account.

      --
      It's a simple matter of complex programming.
    62. Re:Flawed premise by Attila+Dimedici · · Score: 1

      You are right that the head line is misleading (and perhaps the author's conclusions as well). The correct conclusion from the information presented is that pirating music (or other Intellectual Property) that the Record Industry (or other legacy corporations) controls the copyright on delays the development of a new distribution model. If you believe that the RIAA business model is obsolete, get your music from artists who are attempting to use a new model to distribute their music, don't steal (before you respond that you can't steal IP, check a dictionary) music from those artists that work with the RIAA business model.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    63. Re:Flawed premise by PinkPanther · · Score: 2, Insightful

      Ah. But in order to be a fan in the first place, you have to know the band exists.

      You've just set yourself up for a Catch-22 argument.

      But there are a couple of things you need to take into account:

      • currently the market atmosphere is pitted against the indie artists because "free music" is assumed to be "violating copyright"
      • currently the general audience allows Big Media to dictate what they will listen to
      • social media tools are just now becoming "mainstream"; the general population is just starting to get a handle on facebook, twitter, personal blogs
      • "success" doesn't need to mean "triple platinum" (i.e. sales of plastic discs) or multi-millions of $$ in profits
      • radio?

      Success for most artists means being able to "earn a living" doing their art. It does not (necessarily) mean multiple houses on 4 different continents. When you think of a band becoming successful, don't think of bands that Big Media push...that's a formula that most artists, even "commercial artists", fail (possibly after 15 minutes of "success").

      --
      It's a simple matter of complex programming.
    64. Re:Flawed premise by Walter+Carver · · Score: 1

      How did you talked to these downloaders? All the torrent clients (azureus, rtorrent, utorrent, deluge) I tried don't have a chat option.

    65. Re:Flawed premise by Anonymous Coward · · Score: 0

      In the end, we'll have advertisements embedded into the hit singles, as part of the music and lyrics.

      All the country artists on the car & truck commercials resent your impugning of their artistic integrity.

    66. Re:Flawed premise by Anonymous Coward · · Score: 0

      Actually, you can go to imeem right now, and upload music by your favourite band so you can share it with the world. Imeem has figured out deals with labels to make sure that artists get a share of the ad revenue.

      Everyone else can listen they're just not supposed to be able to download.

    67. Re:Flawed premise by Anonymous Coward · · Score: 0

      I for one blame it on the Goose

    68. Re:Flawed premise by bob+frost · · Score: 1

      While the distinction between marketing and distribution is a good conceptual heuristic, in practice the two overlap, esp in p2p environments. "Distribution" on p2p systems raises the attention level (or mind-share) of others on the system. That mind-share piece is precisely the sort of thing that marketers are seeking. We have to acknowledge that attention is a very valuable commodity in the information economy, yet many analysts are blind to the fact that it's the only commodity in really short supply. Simply posting torrents does indeed increase mind-share, and it's that angle that the R*AA is also loath to admit.

    69. Re:Flawed premise by davidphogan74 · · Score: 1

      They saw my email address in the .txt file I included about the download, and gave out links to the torrent on message boards. It's not difficult to find someone when they posted the link to it.

    70. Re:Flawed premise by pfleming · · Score: 1

      Where are my mod points? Thank you.

    71. Re:Flawed premise by Anonymous Coward · · Score: 0

      aren't the big labels and the mainstream media outlets one in the same?

    72. Re:Flawed premise by egcagrac0 · · Score: 1

      In the end, we'll have advertisements embedded into the hit singles, as part of the music and lyrics.

      Most of the hip-hop and rap I've heard already does this (at least, the stuff from the lesser-known artists). I'm guessing it's so that when people hear that copied mix tape, or whatever other medium, they can identify the creator of the work if they'd care to source more, similar artistic pieces.

      Admittedly, I don't listen to much hip-hop or rap, but "Abdul Jabar Cut" off of one of Kid Rock's earlier albums highlights this, pointing out which labels he's with and his identity.

    73. Re:Flawed premise by orclevegam · · Score: 1

      I think his point was something more along the lines of a correlation not equaling causation type argument. Bands can get popular for many reasons, among which are being promoted by a media label. It isn't the act of signing with the media label, but rather the promotion by the media label that leads to the popularity (well, leads to being well known, which is often confused with being well liked). The media labels do not however have a monopoly on promotion even though they try very hard to. It is possible to be promoted independently, even if it is much harder due to limited resources. The point is more along the lines of a record label is an easy way to become popular if you're willing to pay the price (more or less all of your profits belong to the record label unless you're very very lucky, as well as all your creative work), but there are other ways of achieving popularity. Popularity is not directly caused by being signed by a label, but it is one of the ways to achieve popularity.

      --
      Curiosity was framed, Ignorance killed the cat.
    74. Re:Flawed premise by orclevegam · · Score: 1

      Distribution only raises mind-share if the distribution system has specifically been engineered to publish that data. Rather the distribution does not raise mind share, the distribution mechanism does. If TPB didn't have a top 100 list, would the OP have been able to tell that indie labels rarely hit the top 100? More importantly how many from that top 100 list went up in distribution after first achieving a spot in the top 100? You're viewing the relationship backwards, the mind-share is generated by the system from the input variable of distribution. The input variable is arbitrary, it could just as easily post a list of least shared 100 which would work to increase mind-share as well (and might ultimately be more useful as it would tend to encourage high turnover in the list, unlike the top 100).

      --
      Curiosity was framed, Ignorance killed the cat.
    75. Re:Flawed premise by Anonymous Coward · · Score: 0

      The article said:

      The day we find the top crop of the aforementioned artists that are actually free to share on the top 100 list, we have a winner.

      A while back (don't remember exact date) I noticed that the newest Nine Inch Nails album was in not just TPB top 100 music, but on the total top 100.

      This is a free album which is 100% legal to download.

      Incidentally, part of the reason it showed up on the top 100 was due to some technical/bandwidth issues on the main NIN web site, where most people usually go to download it. Last time I checked it was still going but not in the top list.

      So I guess... that's a win.

    76. Re:Flawed premise by surpeis · · Score: 1

      As mentioned in the OP, im not here to state the obvious. Even though i realise you all prolly hate me now for mentioning I have been in the biz, id love to see this clearification modded up so that people don't spend their time assuming that Im here as Captain Obvious or as the failed emo-label dude... ;-) I already know water is wet, so more posts on the subject is really not needed :-)

      But IF we are right in assuming that filesharing has a marketing effect, a claim most of us have made earlier, we might very well be strengthening the majors and their marketing or at least killing them with a toothpick. This was my concern, not that my indie didn't get to the top100 of TPB.

      And even if they (the majors) die it still raises the question on how we can put together a service to replace them. I say we shouldn't wait but start now, and slashdot definitely have the resources needed.

      For instance, why not patch together a service that suggests good and LEGAL royalty free alternatives to whatever majorlabel crap people search up on filesharing services? In that way we could even hustle some marketing effect from the majors, as well as educate the masses on the fact that there is plenty of good and free music out there...

    77. Re:Flawed premise by surpeis · · Score: 1

      Thanks for clearing out my points, Im having trouble living up to slahsdot semantic standars as enlish is not my first language. Also, look at my reply to the Flawed premise OP

      ALso:
      Im sad to report that this was implemented some time ago. Especially in Hip Hop there are plenty of examples of product placement in the lyrics, not to mention the videos. I think we are likely to see more, but primarily in the most mainstream parts of the biz (I hope).

    78. Re:Flawed premise by surpeis · · Score: 1

      I humbly disagree.

      I could at least hope that we could use the masses of TPB and the likes to gather up the cream of the crop and for instance use people's searches to present them with good alternatives that are royalty free and legal. Kinda like last.fm, but hustling on the marketing of major artists.

      In this way people would get a valid choice, and it could fule the growth of a new music scene that are based on word of mouth and user generated marketing.

      I am not, if you think so, surprised that the bay is filles with major label crap, simply because in the 10-12 years the debate has been rolling the initiatives for establishing an alternative to the excisting market has been rather few and poor.

      So my OP was meant as a call out for this to happen, NOT as a whine about my personal experience with filesharing.

    79. Re:Flawed premise by Bigjeff5 · · Score: 1

      Actually, I think it's you who have missed the point.

      You've got (or had, rather) a niche product. You can't market a niche product to the mainstream and expect to get a lot of consumers. You've got to market it to your niche!! Frankly, Indie music is definitely a certain "class" of music, a very broad class with a good deal of variety, but indie music is not the same as mainstream music. Frankly, I don't like it much (except for a few exceptions), and most of it I wouldn't pay for. I'm not a fan of the most popular mainstream music either, I like what I like, and only some of it is covered by Indie artists.

      It's like being upset that your favorite, high quality micro-brew isn't the most popular beer in the country. AHB never set out to make Bud Light everybody's favorite beer, what they did was attempt to be everybody's #2 choice, when they couldn't have their #1. And you know what? Bud Light is a very, very popular beer not because everybody loves it, but because most people are willing to drink it. It's a very different concept.

      In fact, almost by definition high quality beer has distinctive charactaristics that will turn most people away from that beer. BUT! Microbrews market to people who like those kinds of beers, and make a lot of money doing it. Not as much as AHB or Miller, but they make good money. There are even restaurants that specialise in microbrews, and are extremely popular because of it. (A local restaurant made so much money off this concept, they opened a theater with the same idea - food and microbrews - and paid cash for it).

      It's the same thing with music. Most mainstream music people listen to and go "hey, that's not bad, it's kinda catchy!" Mainstream music very very rarely blows someone's mind with it's awesomeness, because it is just plain bland for the most part. Market the hell out of bland music and you can make buckets of money. But, if you are smart about marketing niche music, you can still make piles of money, as long as your target is actually big enough. There may simply not be enough people who like the music you are selling.

      To be honest, there are a lot of people making decent money off of internet distribution that had no chance of making that money without the internet. Not major label success, sure, but enough to feed their families and live the way they like. The fact that you failed is more a reflection of your ability to adapt to the market, and to excersize the power of the available tools, than anything groups like TPB have done.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    80. Re:Flawed premise by Patch86 · · Score: 1

      One would assume that piracy would have a slight bias towards lesser known music (in comparison to sales) because of a lower barrier of entry.

      If I buy a CD, I need £10. Since £10 is difficult to come by, I'm only going to spend it on CDs I'm sure I want. Even if a new band has been recommended to me, I'm not liable to be parted from my money for their CD all that easily, unless I'm exposed to them in some other way.

      With piracy though, I'm free to grab a copy of some of their music with no barriers. If I like it, I might buy their CD, merchandise and tickets to their gigs. Without the piracy, I might never have got to experience them properly.

      Other than that one single factor though, you'd expect illegal downloading to mirror sales pretty closely. People like what they like.

    81. Re:Flawed premise by surpeis · · Score: 1

      We are loosing track on what I wanted to debate.

      You dont know anything about my label, and opposed to what you seem to be thinking, It was a success. I've had MTV award nominations, big tuopr support gigs and the works. I don't feel like going into the biz again for other reasons, so your 1.0.1 on marketing is not what I want.

      Im trying, in my limited english, to point out

      1. We are strengthening the majors if we believe in our own arguments about the effects of filesharing.

      2. We should develop countermeasures to turn this development around and use the massive filesharing community to bring forth a new music scene.

      One way could be to implement user generated matching to (main stream) artists that are being searched up on the filesharing services, and in this way present the user with FREE an LEGAL royalty free alternatives. If the user still choose to DL the illegal stuff, then its a lost case. If the user cares and want to be on the right side of the law, we have both stolen a potential customer from the majors as well as helped bringing forth a new artist. WIth time such a system would hopefully be self containing.

      So I disahgree that we have to accept that the one with the most bucks always have to be the one sitting on top, (not when it comes to beer, but when it comes to digital products. Beer is good btw. ;-) ).
      Or at least I think we have the possibility to rock their boat pretty heavily. It merely takes creative thinking, and the right people picking up on the Idea. TPB would be a nice place to start, although i frankly dont think those guys gives a hoses ass about anything else than themselves after listening to the embarasing streaming of the trial...

    82. Re:Flawed premise by MikeFM · · Score: 1

      That too. I'll often buy something I've already downloaded for free. One of my current favorites is Pornophonique. I'm working on licensing their music to put into a game I'm writing.

      Weird Al is another one I regularly pay for even though I've already downloaded his stuff for free.

      It's a shame iTunes doesn't let you make micro payments for songs you listen to. Or even auto-purchase a song after so many listens.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    83. Re:Flawed premise by Anonymous Coward · · Score: 0

      The essay is implicitly assuming that the most popular artists are popular because they're signed to a major label. The argument seems to be that the all-too-common claims that filesharing is good for the independent artists are bunk; filesharing has done nothing to break the hold of the major labels on the promotion and marketing of musical acts.

      I think folks are forgetting one big thing that a lot of indy labels and indy bands don't like to admit to. Namely, that bigger labels sift though TONS of garbage. I hate to call attention to the elephant in the room, but there are a million bands out there trying to get big and 95% of them should never get big because they, quite honestly, s*ck.

      I live in Portland, and they have a vibrant live music scene that I greatly enjoy. But honestly, I'm tired of wasting my life/time sifting through all the mediocre (and horrible) bands. Just because you're indie doesn't mean your stuff is at all good or even worth spending time on. I have no problem paying someone a bit of a premium to do all that sifting for me. For good or bad, that's what a record company does for me.

      Yeah, I'm no fan of big record labels, but can you imagine the chaos if EVERYONE got equal billing? I know that I'd stop listening to music as often. I don't want to live on message boards or trying to figure out who's good and not with 10,000 bands coming and going a week. If you really believe in the free market, and you're finding yourself with equal internet access (granted that's not really true for today) but you find your stuff isn't selling - then maybe it has to do with your content - not the business model...

    84. Re:Flawed premise by torsmo · · Score: 1

      I'm into the underground metal scene, wherein almost all bands are promoted either by indie labels or by personal efforts on part of the bands. It is a very curious scene, in that most bands do not wish to actively reach out to an audience. Some Black metal bands, in fact have an aversion to being known outside their own circle. So someone, who likes this style of music would almost never hear about these bands through the Bittorrent network. This is where I believe a site like the Metal Archives is of so much help. It currently lists over 67000 bands, with detailed info about the bands, their discography, album reviews; all categorized by genre and country. I guess a similar effort would pay dividends for indie labels of other genres as well.

    85. Re:Flawed premise by Alsee · · Score: 1

      I'm not sure I've ever heard people claim that "peer 2 peer file sharing promotes new music". If anything it's the opposite - you don't find music on p2p unless you go looking for it.

      The majority of my MP3 collection are indie/obscure. I found it exactly because of p2p - keyword search.

      I started searching on 'Techno' and 'Rave', came across the cool sub-genre 'Happy Hardcore', and many times I would find something I particularly liked and I'd re-search based on the artist or some other keyword. I also downloaded some music torrents from The Pirate Bay that were definitely obscure, and presumably non-RIAA, because they had several obscure P2p-search-discovered songs that I really liked, so I expected the rest of the torrent to have many great new discoveries. I've got an extremely promising .torrent file sitting on my desktop that I haven't downloaded yet because it's 4+ gigs and I'm already behind on sorting through what I have.... but I specifically checked some of the artists with RIAAradar and the majority are non-RIAA. In fact some of the artists don't even show up with ANY known CD releases on the riaaradar.com search.

      I think the article submitter was mistaken to go by the Pirate bay top downloads list. Of course heavily promoted major label stuff is going to grab the top spots. The right question to ask is whether the total traffic - including the tons of low-to-medium traffic torrents - carries a higher percentage of indie stuff. I don't have any figures on it, but I suspect they do. Any particular indie isn't about to beat out mega-commercialized Madonna in download count, but I think the hordes of non-RIAA artists are eating away at the RIAA domination. There's an endless supply of stuff on p2p/torrents that doesn't even exist in any CD store.

      A major problem for the RIAA is that the music market is fracturing - the major labels only makes a profit off of a handful of mega-promoted megahits representing a handful of genres. Rock, Pop, Country, R&B, and a few others. They have to sell a few hundred of thousand of copies of a CD just to break even. They are choking on the explosion of new genres and sub-genres of more narrowly targeted music. Wikipedia List_of_music_genres starts with 2-step garage, 2 tone, 4-beat, 4x4 Garage, 8-bit, then moves on with 27 genres starting under 'A' and 98 more starting with 'B', ending many hundreds of entries later with Zydeco. They need to sell a half million copies of an album representing a major music genre. If you've got 50,000 customers each for trance and ambient and trip-hop and intelligent-dance-music and industrial and darkcore and happy-hardcore and gabba and experimental and jungle and electronic-body-music and at least a dozen different sub-genres of house music, the major labels just can't touch any of it. They'd lose their shirts selling 50,000 units each across multiple sub-genres.

      That's one of the areas that new internet technology is really killing them. They need a small number of mass-market categories of music. The fracturing music market is killing them. They can't touch non-mainstream genres or sub-genres. It's strangling the labels when people discover some non-mainstream category of music or get into some specific subcategory of music. That's a major reason they are trying to kill internet radio. They need Major Corporate Radio playing Rock channels and Pop channels and Country channels and other nice neat mass-market categories of music. The internet radio upstarts have this "annoying habit" of offering huge numbers of channels with narrow and obscure categories of music. Internet radio fractures the music market. It introduces people to the non-mainstream or sub-category of music they like best, it gets people into styles of music that the major labels just can't touch.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    86. Re:Flawed premise by Anonymous Coward · · Score: 0

      I won't say this is the entire reason, but he clearly overlooked a very obvious explanation for not finding any pirated versions of "indy" produced content. You generally wouldn't *need* to pirate content from indy producers, as they probably sell their work in an unencumbered form to begin with (MP3 or OGG music files, AVI or MPG movie files, etc) and probably don't pretend that regional markets can still be isolated from one another by locking out sales to certain parts of the world.

      The movie and music mafiaas know that they are about to go the way of the buggy whip and are trying to stop it by bribing governments and suing everybody that doesn't play along. They sabotage themselves by using DRM and restricting sales to certain regions and cost themselves far more money than they make by using these methods. Not to mention they have completely destroyed any goodwill they may have ever had with the public. Just look at this poor bastard for example.

      Also, I had to roll my eyes at one blatant self-contradiction:

      My observation is based on a lot of trying and failing, as well as being a moderate user of filesharing myself -- mainly to check out stuff I read about but cannot get my hands on in the local store back here in Norway.

      *snip*

      "Filesharing will provide massive marketing to new artists, and drive forward a new and more dynamic music market."

      I beg to differ.

      He gives a classic, textbook example of it working, then immediately denies that it works? Does this guy work for MiniTruth or something?

  2. let me guess... by Anonymous Coward · · Score: 1, Insightful

    ... you run an indie emo music label?

    1. Re:let me guess... by davidphogan74 · · Score: 2, Informative

      He has a right to make a profit, but my guess is he's not using P2P methods correctly. Few bands have, that I've seen.

      I worked for a number of bands (as much as getting paid in merch, beer, and free admission can count as work) to "bootleg" their shows and distribute them to fans. Many of these shows ended up backlogged, and undistributed until P2P made it easier than taking CD-R's (burned on a 2x burner, back in the day) to the post office.

      Some labels said hell no, and didn't let me record their bands. The smart ones realized it was an added bonus for their fans, and that people who liked that they heard ended up buying the music.

      Major labels still haven't learned this lesson 12 or 13 years after I started helping smaller bands do this.

      I could be wrong, but my experiences indicate otherwise.

    2. Re:let me guess... by turbidostato · · Score: 5, Insightful

      "He has a right to make a profit"

      Where the hell did you got that? From RIAA or Walt Disney Corp.?

      No, he has no right to make a profit. Nobody has.

      But he has a right to *try*.

      I think it has been cited so many times, but here goes again, from Heinlein:

      "There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of protecting such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute or common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back, for their private benefit."

    3. Re:let me guess... by stonewallred · · Score: 0, Redundant

      someone mod this guy +1, insightful and +10 excellent for quoting the great RAH.

    4. Re:let me guess... by davidphogan74 · · Score: 2, Informative

      So you don't think a sponsor of a band has a right to earn money if they provide valid services to the band? Nobody has a right to make a profit?

      Should everything be free? Or do you just not believe that any companies should be for-profit?

      I didn't say he has a right to ask a court to change the rules, I said he has a right to change the rules if he can find customers under a "better" business model. Why does that make me work for the RIAA or Disney?

    5. Re:let me guess... by Anonymous Coward · · Score: 1

      I hope you have reread the GP since you posted that...

      To clarify, he said that everyone has the 'right to *try* to make a profit', but no one has the 'right to make a profit' - ie: if I try to sell something and I make a loss, I don't have any legal right to demand otherwise. It's a subtle difference... but an important one...

      He didn't say you work for...

      /me points to first paragraph

    6. Re:let me guess... by davidphogan74 · · Score: 1, Interesting

      Fair enough, I didn't read it that way at first, but it makes sense.

    7. Re:let me guess... by anarche · · Score: 1

      No, he has no right to make a profit. Nobody has.

      But he has a right to *try*.

      Actually the right to 'profit' is the basis of Lockean economy: all of mankind has a right to 'profit' from their labours.

      If a man labours (and stealing copyright is NOT labouring), he has a right to profit from that labour.

      Also I think your jumping on the original statement: "He has a right to make a profit" is synonymous with "He has a right to TRY and make a profit", via Locke

      --
      Wait! Whats a sig?
    8. Re:let me guess... by Ottair · · Score: 1

      I bet the Heinlein family "groks" Walt Disney...

    9. Re:let me guess... by turbidostato · · Score: 1

      ""He has a right to make a profit" is synonymous with "He has a right to TRY and make a profit", via Locke"

      No, it isn't, not specially if talking about copy rights, since "labour" is not defined elsewhere.

      Implicit on Locke there are three unstated premises:
      1) That we know what labour is. Locke's environment is basically coming out feudalism, in which people has not inherent right to profit from their labour, since it belongs to their master (basically, a bit mild down form of slavery). But labour is not "just" labouring lands or smithing anymore. Specifically, is it labour doing something no one asked me for? Yesterday I was stopped at a traffic lights. Suddenly came a gipsy cleaning my windscreen. Is that labour? Had he a right to make a profit out of that labour I didn't ask him to do? The obvious answer is "no" to both questions. As a general matter, is it labour somebody begging in the street? He is there, using his time and effort so, has he a right to profit from his endevour? Again, the answer is clearly "no".
      2) The second unstated premise is that "labour" must be something so stated by two parties in agreement. Be it writing a song, cleaning a windscreen or whatever, it is labour when both the producer and the consumer so agree. Within this context Locke's assertion implies that nobody can force a labour to any other (ala feudalism or slavery).
      3) Then, it rises a more general matter implied not only in Locke's but in Hobbes and Adam Smith too: that a society must give credit to its contracts: *once* you can't force me onto labour, *and* you and me agreed at a labour for a price *then* the labouring part has the right for the contract to be credited and agreed profit to be made.

      Now, please, revise my previous paragraphs and see how there is no inherent right to profit from something unasked for (or else I'll say these lines are my labour and then you owe me my rightful profit) and how that applies to modern day copyright-related "labours".

      The most you can say is that regarding copyrights there's some kind of implicit social contract so even if there's no previously agreed contract, it is expected out of context and therefor it should be credited (that's what happens, more or less, at a restaurant: the bill is not produced till the end of the comercial relationship but then there's the implicit agreement that the client will honour it). But again, these kinds of "social contracts" are only valid as long as society honours them. Well, I for one don't honour my side of the "agreement": No, I don't feel oweing anything to Metallica for producing some songs I didn't ask them for just as I don't feel oweing anything to the gipsy that unaskedly cleaned my windscreen yesterday.

    10. Re:let me guess... by Anonymous Coward · · Score: 0

      If a person creates a product (whether it's physical or "imaginary") that a lot of people use, the person should be able to make a profit from it. Any system that denies this profit from this creator is faulty.

    11. Re:let me guess... by turbidostato · · Score: 1

      "If a person creates a product (whether it's physical or "imaginary") that a lot of people use, the person should be able to make a profit from it. Any system that denies this profit from this creator is faulty."

      Then most science is faulty.

    12. Re:let me guess... by Anonymous Coward · · Score: 0

      First, scientists are generally paid by some sort of a patron for their work.

      Second, science isn't exactly created.

  3. What about private trackers? by ThatFunkyMunki · · Score: 5, Informative

    I have accounts with waffles.fm and what.cd and their top10s are almost always filled with non-major label releases. Maybe thepiratebay is a haven for major label listeners but that's because it's public and all of the people who don't spend time figuring out what non-major label music is good go there for their top40 hits. Waffles has a huge amount of music tracked and the data going through their torrents is huge... maybe not on the scale of torrents that thepiratebay is hosting but still significant.

    --
    If patriotism is racist, is racism patriotic?
    1. Re:What about private trackers? by Z00L00K · · Score: 2, Interesting

      The problem as I see it that convicting a tracker is the wrong thing. That may bring a precedent that also other trackers and search engines can be brought to court and convicted.

      And even though the tracker in question is focused on copyrighted material it wouldn't really be a problem if it linked to sites where you could have purchased the music.

      But this just indicates that the rigidity of the music industry prevails and they try to defend it with all means.

      As for odd and unusual music - that's the failure of many trackers. Top lists may only provide a list of the most popular music since it has been played on the radio, not a list of the best music.

      I have realized that even CD-shops on the net are contributing to the fail of the music industry since it's hard to get the music you want even there. So what's the alternative? A torrent download of a MP3 that is hopefully not too crappy.

      Essentially - the music industry is rotting from within by not selling what people wants and pricing the available music wrong.

      This still leaves us with the singular bands that wants to provide their music without a label or on a very narrow label. What's needed is some way to spread the music that they provide. Just having a site on the net isn't enough - you need a directory and a way to preview the music. Online Flash players and low-quality MP3:s could do that.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:What about private trackers? by gerddie · · Score: 2, Interesting

      I was told that Napstar had something like "People who liked this also downloaded that" (just like Amazon and I would guess last.fm and the likes too). With a tool like this it is easy to find new music. TPB and similar trackers/torrent search engines don't have anything like this - you have to know what you are looking for or alternatively, digg through the list of available torrents and download more or less blindly.

      Personally, I think the best advertisement unknown bands can have is a web page with some songs on it. If I see a concert advertised at one of the clubs I usually go to, and I don't know the bands, I always search on-line if I can find a song or two to check out if I should go to see the show. And when I go to the show, it's quite likely, that I even by a CD or a Record I if I really like the music.

    3. Re:What about private trackers? by Anonymous Coward · · Score: 0

      I have accounts with waffles.fm and what.cd and their top10s are almost always filled with non-major label releases.

      It's probably fair to expect a private, invitation-only site to reflect a different demographic than a public site that everyone has access to.

  4. Evidence please? by iYk6 · · Score: 5, Insightful

    This guy makes a big claim, that filesharing services such as TPB are hurting indie artists, but provides abosolutely no evidence to back it up. There is absolutely no evidence against this either: "Filesharing will provide massive marketing to new artists, and drive forward a new and more dynamic music market."

    The closest thing to evidence he has is a list showing that the Top 100 contains only popular stuff. Duh. Not saying he is wrong. I have always thought that the "we are helping indie artists" was overplayed by freeloaders such as myself who like to get something for nothing. But this guy wrote too many paragraphs to supply no evidence.

    1. Re:Evidence please? by TheSunborn · · Score: 1, Informative

      He made no such claim. What he said was that file sharing does not help "indie artists" to be more known because as can be seen from tpb stats, most of what is downloaded is what people already know.

    2. Re:Evidence please? by surpeis · · Score: 5, Interesting

      Hello, and thanx for your post.

      First: It is not a claim, its a _reflection_

      It is of course not possible to supply hard evidence on something that "didnt happen".

      But its a fact that in my 15+ years as a net and music junkie, I still have not seen one single artist that actually made a career this way. I guess it could be different in f.i. the USA, where there is alot more mobility and a far larger audience.

      One thing that is hard to come around is the fact that the music biz is profit driven. If there really was a vivid indipendent scene that was growing up by the means of filesharing, we would have seen attempts to control it a long time ago.

      TBH i dont think the music industry has reflected much around this, as they really, really think that a file downloaded is a sale lost. I WANT to see a new and revised music scene grow forth, but the above mentioned tendency to follow the marketing of themajor labels is in my humble opinion a major problem to actually see this happen.

      My attempts to bring it into the debate in the music biz has partly been striked down upon, as the major industry still has a utopian dream of making the "new world" fit into their old and geographically oriented systems. The problem seems to be that us filesharers seem to lack the fantasy, drive or conciousness to make it happen as well.

    3. Re:Evidence please? by Creepy+Crawler · · Score: 3, Interesting

      Well, if he's using the TPB top 100 as a barometer for what's "Hip", then why doesnt he add a crapload of clients to upload, and then forge upload and download stats to push himself to top 100.

      You know, if you're on a LAN and have BT clients, you could share via the LAN and have it count towards ratio ;)

      And it would be one hell of a "What The Hell is that Group??" (begins download). Cause, I check out what's the buzz on general top 100, music top 100, and movie top 100 all the time.

      --
    4. Re:Evidence please? by Anonymous Coward · · Score: 0

      Exactly what kind of evidence would you expect him to give? Allegories from bands he knows of that claim to have lost sales? At this point in time there isn't a lot of evidence at all for anything, there is only speculation about what is ongoing. In the future we can look back and draw conclusions, but I don't really know what you're expecting to see in discussions like this. Are you looking for a signed notarized deposition or something? Would that convince you? A personal perspective from an indie manager is about as close as you're going to get for evidence.

      There is absolutely no evidence against this either: "Filesharing will provide massive marketing to new artists, and drive forward a new and more dynamic music market."

      Is there any evidence for that? Can you name a single well-known indie band whose popularity is the result of filesharing?

    5. Re:Evidence please? by surpeis · · Score: 1

      Actually not a bad idea, but still not quite the permanent solution I am hoping to se being born sometime in a not-so-distant future. ;-)

    6. Re:Evidence please? by xXShadowstormXx · · Score: 1

      File sharing does help independent artists. How does it not? I wouldn't make any fight against people who upload my content to file sharing sites. It's futile. The content is or will be there whether you like it or not - so I would embrace this. File sharing is one hell of a marketing tool for artists to leverage and as an artist, the goal is to play live, is it not?

      Artists make much, much more money on shows and merch than CDs ever will be able to provide. I would not rely on CDs as a primary source of income, I would rely on playing live. To me, an album in either physical/digital format is merely a promotional tool for my brand as a band, similar to merchandise or music videos. All in the name of promotion.

      Secondly, I would make it as easy as possible for someone to buy said album. I'd sell my album for $7-14 dollars with artwork, and .pdf file containing information and details on how the album came to be and other things my fans would be interested in. On top of that, I would be flexible with that price, with sales on some day of the month, etc, where if you buy the album, you also get a shirt if you pay X amount more.

      All these file sharing sites has opened me up to many, many new artists, and as a peer, I am now a fan, and I may have not bought their CD, but you can be assured that I would definitely go out of my way to go to a concert of theirs when they pass through my area. Without file sharing, again, I may not have bought their CD, but otherwise I wouldn't be a fan because I would not have heard their music in the first place!

      I advocate people sharing my content, because it's that many more people who know about me and my musical endeavors. And the people who actually do visit my website and pay for the album? That's just the topping on the cake - the primary way of making money is by touring, not by CD sales!

      --
      I see dead pixels!
    7. Re:Evidence please? by Anonymous Coward · · Score: 1, Insightful

      But that's because most indies release the tracks on their own website first and foremost, though perhaps (only perhaps) using TPB tracker as a distribution mechanism.

      TPB stats will be misleading because I (and many people like me) don't go to TPB first for the tracks I *can* get legally and freely online, I go to the band's web page and grab them "from the horse's mouth", or perhaps magnatune or jamendo. You only need go to TPB for the stuff you can't get direct.

      Frankly, the story author sounds like a whiner - bad at taking advantage of the internet, looking for someone not-him to blame.

    8. Re:Evidence please? by Anonymous Coward · · Score: 0

      Dunno... I've been finding most of my recent music from www.magnatunes.com .... where you pay what you think the music is worth. It apparently works fairly well and the middle-man is not taking the majority share of the money unlike the Corporate Machine.

    9. Re:Evidence please? by PinkPanther · · Score: 3, Insightful

      One thing that is hard to come around is the fact that the music biz is profit driven. If there really was a vivid indipendent scene that was growing up by the means of filesharing, we would have seen attempts to control it a long time ago.

      Sorry, but I believe your interpretation of events is myopic.

      There have been attempts to make a vivid (and profitable) scene driven by file sharing. However, there are very powerful business (and political) forces that essentially get squeezed out of the scene once the artist is directly doing business with fans. They are the inefficiencies in the existing music models, and therefore they cannot allow "the new model" to take hold.

      Reality is this: digital music costs NOTHING to copy and distribute. Therefore the price of a digital copy will eventually be zero. Laws and technology is being thrown at the situation trying to keep the genie in the bottle. But consumers now understand the cost of the goods they are buying.

      So the music industry needs to find ways to leverage the benefits of FREE advertising being done by their fans who share music with their friends. Take that savings (the $$ artists would otherwise have to spend on advertising) and capitalize on it.

      Opportunity is there. Someone is going to eventually seize it.

      --
      It's a simple matter of complex programming.
    10. Re:Evidence please? by Anonymous Coward · · Score: 0

      groups who say that file sharing/piracy has helped them. its a flash video and its an anecdote, so take it for what its worth.

    11. Re:Evidence please? by vivaoporto · · Score: 1

      You are generalizing your assumption based on only one data point: TPB. (I've heard that) There are private trackers that even post their indie bands torrents on the first page to promote them (with authorization from the band, of course). I'm not posting the name, but one of them, if you are canadian, you cannot access it anyway :wink: :wink: :nudge: :nudge:

    12. Re:Evidence please? by mi · · Score: 1

      However, there are very powerful business (and political) forces that essentially get squeezed out of the scene once the artist is directly doing business with fans.

      Citation needed

      --
      In Soviet Washington the swamp drains you.
    13. Re:Evidence please? by Creepy+Crawler · · Score: 1, Insightful

      What I got from his commentary was that people only know what has been mass-pushed via the major media channels that the RIAA/MPAA member companies control.

      The Pirate Bay, and others show a different world-view, in which popularity and coolness is king. There's no payola to dish out, nor is there record execs to please in deals they made or not.

      The ratings, especially for the top 100, are just that: ratings of what millions of users agree what is popular at that moment. Right now, this popularity is an intersection between what is free music and what is corporate for_pay music. We can only expect the decline of RIAA member companies will lead to less advertising revenue. That will lead to the indies and the amateur musicians to start to dominate.

      It will take time, but there's no way to stop this. It's a culture, not just a program or website. All I can say is to hold on to your seat while on the crazy copyright ride of your life.

      --
    14. Re:Evidence please? by Anonymous Coward · · Score: 0

      it can help indie artists, not so much torrent sites but if you search a *wire client for a song title you want you'll get similar song titles by indie artists. i've discovered quite a bit of new bands this way, i haven't purchased music from all of them though, but i have purchased quite alot after discoveries of this type.

      freeloaders are freeloaders, but some of us do like to hear what an artist is all about instead of a single song on the radio. if only the one song is good, we'll keep our downloaded copy. if more is good alot of us will end up buying at least something in a store or online.

    15. Re:Evidence please? by denmarkw00t · · Score: 1

      Ha, your sig totally got me - shame on me for not hovering over the link first :P
       
      But yes, most public "Top X" are going to be what you would expect - popular, well-known material.

    16. Re:Evidence please? by blahplusplus · · Score: 3, Insightful

      " I still have not seen one single artist that actually made a career this way."

      That's because artists can't use the NET to start, why would you ever think the internet is not anything but a SUPPLEMENT to traditional advertising? Most people still get most of their advertising via their friends/facebook, television and huge billboards. You have to GET NOTICED and BE SEEN, try to strike deals and get your name up on a big billboard in the city, whenever I'm driving between cities these huge massive billboards on the side of major trafic ways or on the side's of buildings which everyone passes everyday will be there. People need to be constantly reminded you exist or you will fade into obscurity, how many actors fade into obscurity? A hell of a lot, why should you expect any different if you're in one of the most over produced industries imaginable on the face of planet earth, there are 6.5 billion plus people and probably hundreds of millions of musicians.

      To profit you have to have at least some economy of scale, and the only way you're going to get that is to ask your customers (fan's/non fans) what they think of you and your music and simply not "make what you want", if you're going to be a business and want to make a profit you do at least to some extent HAVE to think like a person running a business serving the needs and tastes of your customers, not your own personal fulfillment.

      Find fulfillment in music as a hobby, music is one of the hardest industries to break into. People I know in my family are extremely talented musicians and tried to break into the industry many times and some even ran their own studies, but it is REALLY hard to compete with amount of music that already exists and the those who have a monopoly on the media.

      What indies need to do is to band together and fund their own advertising agency/company and pool their resources, without co-operation on your own NO ONE is going to know you exist.

      The biggest problem is lack of advertising and finding "it" factor that makes you or your music catch on.

      Most people in the world are non-technical, they still enjoy concerts and seeing bands and listening to music in real life(tm) where they dance, drink and have conversations.

      If you're trying to make a career out of music you have to do your market research and not just "make the music you want", not to mention you are up against stiff competition, music and entertainment is one of the most over produced of all industries. A little crash course in economics and supply and demand should set you straight abou how much music is worth.

      You have to stand out from the crowd and figure out what that "it" factor is, if you don't don't blame anyone but yourself.

    17. Re:Evidence please? by Anonymous Coward · · Score: 0

      I think you might want to look at a different definition of success.
      To me, following the money is a good way to start.
      Although the top 100 bands downloaded are signed to the majors, money has flowed away from those artists/majors to indies.
      Whereas, before p2p, x dollars would go to a major, that is no longer the case as the album is now downloaded for free. Some of that $ is now being retained by consumers and SOME is going to indies. With the consolidation of brick and mortar choice went down. With p2p it went up. Success is not making a living, almost NO ONE in any of the arts can do that. Success (to me) is the advancement of art in society and ourselves as opposed to it's suppresion and pre-fabrication in the corporate world.

    18. Re:Evidence please? by drtwo · · Score: 1

      Just to support your comment, In Holland a label has to pay 7 eurocents to the local anti-piracy group, 'BREIN' for each song that is downloaded from their (clients) websites. BREIN than takes this money to pay it's own salaries and gives a little to the top10 artists from the hitlists. The kicker? the 7 cents need to be paid even if the song is free to download.

    19. Re:Evidence please? by MrPerfekt · · Score: 1

      I think he also ignores the fact that although music tastes vary widely from person to person, from my view the vast majority of independent label music is crap in most people's view. Does that mean it -is-? No, not necessarily. But mass-marketing is by definition, the taste of the masses or at least music that the masses will pay for.

      --
      I just wasted your mod points! HA!
    20. Re:Evidence please? by Mad+Leper · · Score: 4, Interesting

      Any evidence of those wild speculations of yours? And bandwidth does cost money in the real world.

      It's a common response from the file-sharing community, big business is killing music and the cure is for artists to give up working for the man and embrace the new internet economy. Trouble is, the basics of this new economy is for artists to give their music away for free and condemn them for trying to earn a living.

      The sad thing is, there are so many people who have gotten used to downloading music for free that they've come to see it as an entitlement. And they'll fight tooth and nail to keep their place at the torrent teat...

    21. Re:Evidence please? by ScentCone · · Score: 4, Insightful

      digital music costs NOTHING to copy and distribute

      But it can cost a great deal (of time and money) to produce. And you want to make sure that someone who makes that investment is deprived of the option to offer their work up only to people who are willing to pay for it.

      --
      Don't disappoint your bird dog. Go to the range.
    22. Re:Evidence please? by linhux · · Score: 1

      I still have not seen one single artist that actually made a career this way.

      I could easily think of two Swedish artists that made it to the local top charts (and several foreign) after starting out only by putting their music online for free (not P2P, but Myspace and personal homepages): Basshunter and Miss Li.

      I'm pretty sure it's possible to find more examples with a bit of research.

    23. Re:Evidence please? by Anonymous Coward · · Score: 0

      It being a reflection makes it no less necessary for you to provide evidence to back up statements.

      I mean...I realize that as a record company exec you're in an industry that gives coke to 15-year-old musicians and breaks up bands because the lead singer is a more marketable product, and you're used to an industry that bends the truth for profit, but unsupported statements don't fly here in the computer-driven world of Slashdot! We expect better. Because, you know, *our* industry doesn't have dotcoms, Microsoft, or Steve Jobs.

    24. Re:Evidence please? by Anonymous Coward · · Score: 0

      But its a fact that in my 15+ years as a net and music junkie, I still have not seen one single artist that actually made a career this way.

      Well, it's not quite file-sharing, but Oren Lavie jump-started his career using social networks and YouTube. A music video he posted went viral with 5 million views. I don't know how to get download statistics from iTunes, but the "Popularity" bar for the song is full, and the album it's on also seems to have done well. The hard-copy CD is ranked 6,688 on Amazon. Consider that this artist was completely unknown to the public before this -- even in Israel, where he's from.

      (As an aside -- I should probably not say this, but I can't help myself -- if your music is anything like your writing, well, then I can guess why you're not doing very well.)

    25. Re:Evidence please? by mu11ing1t0ver · · Score: 1

      You're honestly saying you've never heard of Danger Mouse or the grey album? Music fan FAIL.

    26. Re:Evidence please? by Anonymous Coward · · Score: 0

      The Pirate Bay, and others show a different world-view, in which popularity and coolness is king. There's no payola to dish out, nor is there record execs to please in deals they made or not.

      Except the top 100 list on TPB isn't showing a "different world view" at all - it's showing exactly the artists being pushed on the major media channels. His point is that pirating isn't creating a revolution in indie music, like you're trying to claim, it's just reinforcing and amplifying what the existing media channels are forcing on people.

      What the RIAA and MPAA need to do is find the balance where they sue enough people to keep the majority buying their products, but still leave enough people using P2P that it continues to amplify their regular advertising.

    27. Re:Evidence please? by surpeis · · Score: 1

      I am not an exec. The post clearly states that I have left the music biz and closed down my (otherwise successful) label

      I realise that you find it suitable to generalize the Music industry, but its not helping you or the forthgrowing of a new music scene.

      I don't see any need to support any evidence, as the argument that filesharing strengthens artists are brought forth by the filesharers, not the biz. I just happen to think there is some truth in it, and with this in mind I made the assumption that filesharers are actually strengthening and consolidating the power of the major labels (biger market shares etc), not weakening it. If that does not concern you, you are merely stating my point in the OP.

    28. Re:Evidence please? by surpeis · · Score: 1

      I know this, and it applies for copyright free artists even more than for indies. So it still raises the question that was supposed to be the main point of my OP:

      What can we do to change this?

      I know i will annoy some people by posting this same excerpt several places, but since SLashdot won' allow me to post as many replies as required, and I don't think most people will read all posts, im gonna take my chances:

      IF it is true that filesharing strenghtens an artists sales, then TPB and the likes are strenghtening the major biz, not weakening it. I belive it does strenghten sales, and if I owned a major label, I would not lift a finger to change the ongoing situation.

      Thus, I am calling out for the filesharing community to take counteraction. In a perfect world I would like something like this to be implemented:

      A) When attempting to download Britney Schmears, you'd be warned that her music is copyrighted, and that you would actually support the major biz by DL'ing and seeding it...

      B) After giving you this warning, you then get a choice to either download the original crap you searched up OR or a few alternatives that (by users i guess) are tagged as good LEGAL and COPYRIGHT FREE alternatives. Not indie-stuff. FREE stuff.

      In this way the major biz would get a kick in the nuts that they actually felt. At the same time, the thousands of free artists out there could benefit from the marketing of major labels, and make use of it to advocate an alternative to the consolidated services we see today.

      Is it more clear now what I am advocating? I mean: if noone at /. can make it happen, who can? :-)

    29. Re:Evidence please? by Creepy+Crawler · · Score: 1

      You're twisting my idea.

      The big record companies ARE pushing insane amounts of money in advertising. Because of that, the top 100 would almost likely be top 100 of copyrighted of those interests. However, that is in inexorable uphill battle in which more and more people understand that you can download for free. We might already be at that point. Once we pass that tipping point, money will start to dwindle for the RIAA/MPAA members and advertising budgets will assuredly fall.

      Only when the advertising budgets fall will the indies and amateur musicians take over a nice portion of the top 100 spectrum. It might happen tomorrow, but highly unlikely now.

      You do realize this is a battle of who "owns" our culture? Cultures prior to this mass media culture have been open to accept and open to change. Only recently have we locked our culture behind a pay-gateway. It's about time this pro-capitalism culture gateway be broken, and broken for good. Or at least, they could "allow" the gateway be breached by allowing copyright to pass the date of 1/1/1921.

      --
    30. Re:Evidence please? by Reziac · · Score: 1

      You wanted an example?? Jonathan Coulton.
      http://www.jonathancoulton.com/primer/info/

      The problem I see with relying on big trackers like TPB is that you're lost in the crowd. Indies need their own tracker, where label music isn't even allowed. Legaltorrents.com is a start, but it needs to be promoted in the P2P community a lot better than LT, which hardly anyone knows about. And there needs to be upfront understanding that no lawsuits will result from using it.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    31. Re:Evidence please? by mlinksva · · Score: 1

      We can only expect the decline of RIAA member companies will lead to less advertising revenue.

      Which is less important anyway since top100 gives RIAA member companies advertising gratis, even as they persecute filesharing. There's the irony.

    32. Re:Evidence please? by Anonymous Coward · · Score: 0

      When someone goes to TPB or similar sites, they know what they're looking for when they show up.

      last.fm, Pandora, and similar services are far more likely to increase awareness of indie artists.

      Once someone combines something like Pandora / last.fm / grooveshark with a (paid) music distribution network, then you'll have a low cost entry into the music business.

      P2P filesharing is a convenient way to distribute files. It was never intended to help indie artists, and complaining that it doesn't makes as much sense as complaining that my television makes lousy toast.

    33. Re:Evidence please? by Anonymous Coward · · Score: 0

      Bandwidth costs money? That's your fucking response? Stick a pole up your ass. Making music is not profitable, has never been profitable, will never be profitable for 90% of the people who do it.

      The sad thing is, there are so many people who have gotten used to selling other people's music for a 500% mark-up over their costs that they've come to see it as an entitlement. And they'll fight tooth and nail to keep their place at the top 40 teat...

    34. Re:Evidence please? by Anonymous Coward · · Score: 0

      I see that your ability to recognize humor is as lacking as your ability to make a reasoned argument...

    35. Re:Evidence please? by Anonymous Coward · · Score: 0

      Hmm. The only thing I thought I was depriving anyone of was hypothetical greater profits. Hate knowing they had to buy the rolls royce WITHOUT the solid gold brake pedals. Not to mention these artists that record and market expensively make their investments back within days--not years.

    36. Re:Evidence please? by u38cg · · Score: 1

      I suspect the answer is simply that as soon as any band gets some buzz behind it on a local or regional level, they get swept up by the machine and become part of the musical-industrial complex. I don't think it's that the zero-cost distribution model doesn't work for marketing purposes.

      --
      [FUCK BETA]
    37. Re:Evidence please? by u38cg · · Score: 1

      It can do, but you can also produce stunning music with some $50 microphones, a soundcard, and Ardour. If you need weeks in the studio to produce something of acceptable quality, maybe you need to take a step back and think whether you're doing things in the right way.

      --
      [FUCK BETA]
    38. Re:Evidence please? by JasterBobaMereel · · Score: 1

      Perhaps they should sell something that cannot be copied, and people attach real value to?

      Live performance.... treat the music as an advert for the concert and the problem disappears, the band still makes money, and the record company can stop hounding the bands fans ....

      --
      Puteulanus fenestra mortis
    39. Re:Evidence please? by slcr · · Score: 1
    40. Re:Evidence please? by Threni · · Score: 1

      > Reality is this: digital music costs NOTHING to copy and distribute. Therefore the price of a digital copy will eventually be zero.

      B doesn't necessarily follow A. If people believe that a group of people should be rewarded such that they can continue to produce work (the original idea behind copyright law in the US, as I understand it), then the fact that the copy costs nothing (well, close to nothing - free newspapers are free to the end user but there's a cost bourne by someone) means little. I don't resent having to pay for a CD of music - I don't say "Huh - a CD costs a few pence to press and distribute - what gives?" because I'm not really paying for the physical CD but for the magic numbers it holds.

    41. Re:Evidence please? by ScentCone · · Score: 1

      artists that record and market expensively make their investments back within days--not years

      Really? All of them? You don't say. How about the ones that record expensively, but don't market expensively? And, is it your personal evaluation of which they've done, and at what threshold it's considered "expensive" that dictates whether or not you endorse their work being hugely ripped off by leeches? Can you provide some hard numbers that help show when you think ripping them off is OK, vs when it's not?

      --
      Don't disappoint your bird dog. Go to the range.
    42. Re:Evidence please? by ScentCone · · Score: 1

      It can do, but you can also produce stunning music with some $50 microphones, a soundcard, and Ardour. If you need weeks in the studio to produce something of acceptable quality, maybe you need to take a step back and think whether you're doing things in the right way.

      Gee, or maybe it's up to the artist to decide if they want to fly in a cellist for a particular track, and they can't be there until next week... or maybe it's a film soundtrack that takes hundreds of people and thousands of hours to produce. Are you really going to draw a line in the sand, and say that someone who could keep their production costs under some given price level or degree of logistical difficulty should not be ripped off, but someone who has a larger or more expensive production facility or complex project should be ripped off? Are your personal ethics really that relative and situational? What's that like?

      --
      Don't disappoint your bird dog. Go to the range.
    43. Re:Evidence please? by Anonymous Coward · · Score: 0

      The sad thing is, there are so many people who have gotten used to downloading music for free that they've come to see it as an entitlement. And they'll fight tooth and nail to keep their place at the torrent teat...

      And there are an equal number of musicians who seem to think that just because you release music that you deserve to make a living off of it. No one pays me for my hobbies. I do it because I like it and I have some free time after I get home from my real job.

      One of my best friends is in a band and is a teacher by day. He knows he'll never be a famous and wealthy rock star. He does it because a) he likes writing music, b) he enjoys the rush of getting up on stage with friends and playing music that he wrote, and c) it is a decent icebreaker for talking to women. He makes a little money off of CDs and I think MTV used a song in an episode of Real World, but he has no plans to quit his day job as a teacher.

    44. Re:Evidence please? by PinkPanther · · Score: 1
      No citation needed. Anything between the artist (producer) and their fans (consumers) is a middleman. Any improvement in a system's efficiency specifically squeezes out middlemen.

      I'm not saying that artists can or should directly interact with fans (there are many artists who simply can't), but the middleman environment changes significantly when the distribution of plastic discs is eliminated from the process.

      Are you trying to indicate that the companies whose primary purpose is the distribution and sales of CDs are not powerful?

      --
      It's a simple matter of complex programming.
    45. Re:Evidence please? by PinkPanther · · Score: 1
      You are buying the CD because you want to support the artist. You are specifically putting money into an INEFFICIENT SYSTEM because you want to support the artist.

      Why not simply PayPal the artist HALF of that money and download their music from TPB (or wherever) for free? That approach rewards the artist MANY TIMES MORE than the brain-dead system you are supporting.

      See where I'm getting at?

      --
      It's a simple matter of complex programming.
    46. Re:Evidence please? by immakiku · · Score: 1

      I'm not sure if you're serious, but some music simply cannot be produced without certain equipment. It's almost like saying, "I can create art with a paper and pencil; why do you spend all that money on a stone block and a chisel? You must be doing something wrong."

    47. Re:Evidence please? by PinkPanther · · Score: 1
      Bandwidth? I am quite certain that there are places on the interwebs that would be more than happy to host the downloads of artists...heck there might even be a business model in there somewhere....

      THERE IS NO NEW ECONOMY. This is BASIC ECONOMICS: the cost of producing a copy of a digital item is ZERO, and basic economics says that the price of that item will tend to zero. Why in the world would anyone want to pay more than a token amount for something that costs NOTHING to make?

      This is not about an "entitlement" on downloads. This is about the reality of the digital world.

      And no one is telling artists they cannot make a living. The reality of the economics indicate that artists should not be relying on making profits off something that costs nothing to make and can be easily reproduced by anyone. Instead, focus on things that CANNOT be reproduced, and let the digital wares be your advertising for that SCARCE resource.

      In what other profession does someone work for free and then look to make money by "selling" things that cost nothing and takes no effort? Stupid approach to business, so adapt. Otherwise you are fighting your fanbase, fighting technology, and fighting BASIC ECONOMICS.

      Digital technologies have changed the world of recorded entertainment. Digital technologies offer HUGE efficiencies (equipment, production, storage, distribution). Yet the recording industries have not adjusted their business models to reflect those efficiencies. They have (or could) lowered their costs yet won't change their infrastructures such that those savings are passed to consumers.

      Consumers recognize they are being fleeced, and the market is naturally circumventing the MASSIVELY INEFFICIENT processes of the 1950s.

      --
      It's a simple matter of complex programming.
    48. Re:Evidence please? by ovu · · Score: 1
      Pfffft....you have got to be kidding. You are dictating arbitrary bounds on the creative process and it doesn't work that way.

      Is that $50 cardioid condenser microphone going to capture 16 simultaneous audio sources with acceptable vocal character? You can't use it for kick drums, or critical vocals, or room miking, or drum overheads...Well, technically, you can, but frequency response and pickup pattern and noise floor are not going to be acceptable for these applications.

    49. Re:Evidence please? by Phoenixhawk · · Score: 1

      It costs the initial amount to produce the content and thats it, there is no phyical product any more, nobody is making anything and as has been already said "digital music costs NOTHING to copy and distribute" And all TPB and other places like it really are is distribution.

      I think it's fair to say about 80% of music I have downloaded I either currently own, or owned until the destruction of said CD/Cassette/album. And the other 20% are pretty much stuff you can not buy. Song's that have been altered, done, or parodied for misc radio stations.

      Personally myself I refuse to buy any CD until I've heard the whole thing anymore. I'm sick of shelling out money for whole album that maybe has one good song and 12 tracks of utter crap. I believe Powerman 5000 - Transform was the last album that officially made up my mind to change to this practice. It was brand new, I loved most of their other stuff, and got burned yet again.

      But here is your problem, Advertising, Indie or major label distro costs nothing but I or anyone else cant search for a band we don't know even exists. If I have never heard of "MDFMK", I can't run a search for them, nor do I have any reason to. But I do know my KMFDM cd was broke by the power seats of my land rover last week and I never copied it to my computer, so I will know to search for it.

      On the flipside places like Radio, Pandora and Last.FM are typically what gives me knowledge of a band or song which provides me with a drive to search. Ideally I could hear the song on the radio and download / buy without ever having to search, just click a button on the player.

      I know I have very very little indie stuff, and for a good reason, like indie films most of it sucks, with the exception of those rare nuggets. An indie bad may do rock/metal style music about cars, computers, or just tell really good stories. I have a collection of car songs crossing all genre's and will buy anything with a car song on it. But without knowing, there no idea, thought, or drive to seek out the latest "We Wear Purple Hats On Tuesday's" CD with that really badass song about Route 66, why should I care? Much less be motivated to buy or even just download. WWPHOT is just band number 384,782,234,634,022 whose name I've never heard of, and whose music I've never heard.

    50. Re:Evidence please? by u38cg · · Score: 1

      I was really making a point about indie artists and production. Of course, if you are Amy Winehouse then it's reasonable to book out a studio for a fortnight, fly in all the musicians you want and hire a cute engineer. For the rest of us, if you can't beg, borrow, or steal a cellist, then get your dreams in line with your means. And if you are marketing yourself from the grassroots up, studio time isn't exactly the biggest factor behind your success.

      --
      [FUCK BETA]
    51. Re:Evidence please? by kenboldt · · Score: 1

      If he wanted to show that file sharing does not help indie artists, he should be comparing the numbers on indie artists before massive file sharing as it is today, and numbers now. I have no proof, and I make no claim to know if they have improved, but if I had to guess, I would say that there are far more bands that wouldn't have made it out of their home towns that are selling a lot of albums, and it is due to the ease of attainment by way of file sharing that has spread the word on them and allowed them to increase in popularity and reach. The digital/information age we are now in has done nothing but help indie music. Sure, maybe some profits have been lost due to file sharing along the way, but having websites, posting song snippets, and yes, even file sharing has also made this an age where there are far more indie labels, and far more indie artists, seeing more exposure than ever before in music history. Even if file sharing didn't exist, you likely wouldn't see any indie artists in the top 100 of any list, except "the top 100 indie artists".

    52. Re:Evidence please? by ScentCone · · Score: 1

      What I'm addressing, here, is that large contingent of posters here and elsewhere who insist that since you CAN record an acoustic guitar with a $50 microphone, then anyone who has the recording budget for a big project must surely be rolling in ill-gotten gains, and therefor should be ripped off. It's a strange, and frequently repeated sentiment.

      --
      Don't disappoint your bird dog. Go to the range.
    53. Re:Evidence please? by Anonymous Coward · · Score: 0

      uhh... music blogs and aggregators? Hype Machine (don't use it now that you need a user id) is a good example of file sharing allowing lesser known artists to gain traction. Also how about the Midnight Juggernauts? They managed to do quite a bit before they started getting involved with large labels (EMI for EU and NA distro I think?) And check out the low budget music videos. Of course they play a ton of live shows.

      And then there's Ghostland Observatory. Probably not millionaires, but they have a huge following demonstrable by their ability to pack mid-size venues (500-1k) as the sole act for $25 a pop in any major city in Texas and Oklahoma, USA.

      In fact, any indie success story that I can think of involved leveraging this "preferential attachment in a scale-free network" business into packing venues and selling overpriced t-shirts and (professionally) self-pressed CDs to hard-core fans.

      I believe that in the near future, if you want to make a living as an entertainer, you will have to physically perform for real people (seems like a paradox, I know.) I'm not saying performers should live like paupers, but forget living like a despot (or diva.)

    54. Re:Evidence please? by BlueYoshi · · Score: 1

      I suppose you know Jamendo. I use it and i did find some very great stuff (for my taste) but it is quite difficult and time consuming. What I would find wonderfull is a podcast that would "advice" music. Not a mercantile advice but from somebody with a passion. Like radio did before.

      Music is important to you, I would really enjoy to have somebody like you make me discover new music. Maybe it exist, i dont know. If you know any: please share; otherwise start something :-)

      --
      "Use cases are fairy tales..." I. S. 2005
    55. Re:Evidence please? by surpeis · · Score: 1

      I might lack humor, but i value my time too much to bother much about people that makes post where their only point is that they want evidence, and then mucks me when i state the simple fact that I based my observation on the arguments brought forward by filesharers.

      As said, you are merely stating the point in my OP, thanx for helping out. Sorry for not laughing.

    56. Re:Evidence please? by surpeis · · Score: 1

      You should not have to be sorry for claiming your view, BUT (there's always a but)

      The "reality" you state is the key point in my argument that I must have muffed.

      I believe that the most significant effect of illegal distribution of music files is NOT a cut in distro costs, it is the strengthening of existing marketing. This is a catch 22 for the filesharers that was hoping for the forthgrowing of a new and indipendent music scene/market. Thus, as stated in the OP, the filesharing community are merely amplifiying excisting marketing of major labels, rather than supplying any significant corrections. This is based on the arguments of the filesharers themselves about filesharing also being "free" marketing, which I happen to believe is (to a far degree) true.

      I agree that there is a significant reduction in distro costs, but its absolutely wrong to claim that the price of a digital copy therefore will end up at zero.

      First of all, distro/copying accounts for very roughly 50% of the price paid by customer in a regular physical market. You still need to spend time and money on production, on marketing, on taxes and on administration. So given that distro costs was reduced to zero, the price to the consumer would only be reduced with about 50%.

      It might be different in bigger markets like the US, but here in scandinavia prices on downloading a record are usually MORE than 50% lower than buying the physical item.

      I still believe prices could be reduced more due to the fact that you can more easily reach out to a bigger market and thus make up for some additional price reduction by adding volume. However, stating that the price should be zero due to the customer/ISP covering the costs of distro only shows a lack on knowledge on the costs involved.

      As I have stated in other posts here, I think filesharing COULD have brought forward marketing effects to royalty-free and legal music, but opposed to you I find that to be something that should be brought forward by the filesharers, not the music biz.

      One way, to repeat myself from earlier posts, would be to make a service that gave the listener viable and legal alternatives when they searched up copyrighted music like Britney Schmears on TPB or the likes. In this way one could use the market power of the majors to promote artists without such leverage. Hopefully by the end a system like this would be self-containing and without the need of any major label music at all to "lean on"...

      THAT would kill the majors, the Status Quo of today will not.

    57. Re:Evidence please? by mi · · Score: 1

      Why not simply PayPal the artist HALF of that money and download their music from TPB (or wherever) for free? That approach rewards the artist MANY TIMES MORE than the brain-dead system you are supporting.

      The artist has voluntarily signed off rights to their music to the label — and was paid for it the amount, that both they and the label agreed on.

      The label owns the music, that you like, and you owe them money, if you listen to it. Not to the artist, to the label. Get this into your head: intellectual property is tradeable, and ought to remain so for otherwise artists, designers, and scientists would not be able to sell the results of their (very much appreciated) labors to anyone, but the end-users.

      Some of them might do well selling to end-users directly, but most would not. Entrepreneurial acumen and artistic (or scientific) gift do overlap, but infrequently so. By rejecting the rights of "middlemen" — be they music labels or patent-holders — to own intellectual property (a ripped-off artist gets your sympathy, but the label or "patent troll" gets nothing but scorn), you prevent the original creators from staying independent, forcing them to become employees of conglomerates, that not only creates, but also sells the intellectual property to end-users.

      --
      In Soviet Washington the swamp drains you.
    58. Re:Evidence please? by PinkPanther · · Score: 1

      Get this into your head: intellectual property is tradeable, and ought to remain so for otherwise artists, designers, and scientists would not be able to sell the results of their (very much appreciated) labors

      You delude yourself, or have let the "IP" people do your thinking.

      Why can an artist not make money without reverting to "IP laws"? Or designers? Or scientists (in fact, I know a LOT of scientists that make money without use of copyright, trademark, patents, etc...).

      You have fallen for the broken-business-model trap. Simply because organizations have set themselves up on shaky business models and have succeeded with those using INEFFICIENT mechanisms, doesn't mean that society should continue to support that system. The general consumer base is now starting to understand just how inefficient the system is, just how badly the PUBLIC's rights are being trampled, and how advancements of the arts and science are being BLOCKED by these legacy organizations.

      Civil disobedience is a signal of broken laws and traditions. "Digital Piracy" (sic) is simply a form of civil disobedience.

      --
      It's a simple matter of complex programming.
    59. Re:Evidence please? by mi · · Score: 1

      Why can an artist not make money without reverting to "IP laws"?

      The answer was in my GP-post. Here it is repeated. If the IP is not tradeable, then the only way for artists to make money is by selling directly to end-user (consumer). Some artists can do this, and, indeed, some do — like, for example, Metallica and others, who have their own labels. But, as I already wrote, entrepreneurial acumen and artistic talent rarely overlap — a good artist is rarely a good businessmen. And even those, who could effectively sell their stuff, ought not to be forced to do so...

      And even if all artists could market to consumers directly, who would pay them, other than the few true fans and a handful of charitable souls? Because, even if all "middlemen" disappeared tonight, you'd still be "sharing" MP3-files with the whole world and no one would pay the artists.

      You have fallen for the broken-business-model trap.

      If we must look at each other's motivations and flaws, then, I think, it is far more likely, that you are simply trying to justify your own thievery. Yes, yes, I know, it is not exactly the same as thievery of tangible goods, and you are doing it in protest. Sure... You are uncomfortable enjoying something, that you did not pay for, so you try to dress it up as "civil disobedience" pretending, it is only the "greedy" middleman you are ripping off, not the "noble" artist. Sorry to break this bubble, but you are ripping off both, and neither of them "deserve" it.

      Civil disobedience is a signal of broken laws and traditions. "Digital Piracy" (sic) is simply a form of civil disobedience.

      The exact same rationale can be applied to every other law or tradition:

      • "I killed her as form of civil disobedience."
      • "I stole this car to protest the laws, which forbade me from stealing this car."

      For this reason alone, the rationale is wrong — please, don't repeat it.

      --
      In Soviet Washington the swamp drains you.
    60. Re:Evidence please? by PinkPanther · · Score: 1
      First, I don't download music that I haven't purchased.

      Second, this is not about me. Not sure why you feel there is a need to divert away from the points being made in an argument and instead attack the messenger.

      This is about economics, plain and simple. Price of a widget tends to the natural cost of producing a single unit of that widget. In the case of digital content, the cost of reproduction is ZERO.

      If someone decides to focus on a model that can easily be circumvented, then they have made a TERRIBLE business choice. Throwing technology and legislation in trying to support this particular TERRIBLE business model has shown time and again that these are wasted resources.

      Now, as for your disdain of the term "civil disobedience"...murder and theft are NOT "civil". For you to align copyright infringement with them shows that you are not being earnest nor open minded with respect to this topic.

      --
      It's a simple matter of complex programming.
  5. That's one more reason for limit copyright terms by Richard_J_N · · Score: 5, Insightful

    If we limited commercial copyright to 5-10 years, then it would hugely help new artists. By reducing the value of the back-catalogues, it would mean a strong incentive for publishers and music-labels to support new music.

  6. Filesharing as advertising... by TinBromide · · Score: 5, Insightful

    Unless people are exposed to new music, through word of mouth or otherwise, they won't know its out there. For instance, there might be a song written that resonates with my soul and will change my life, but if its made by an indy artist in norway, how will i know its out there?

    File-sharing is an on-demand service, people don't browse through looking for titles of songs that sound nifty (that's what pandora is for, finding music relevant to their interests), they punch the name of a new release dvd into the search box and hope axxo has ripped, encoded, and uploaded it. Why do they seek out these movies? Because they were made aware of it. Say that I tell you to seek out the movie called Brazil. You might seek it out, but why? Because I (someone) told you to.

    I thought all of the above was obvious, filesharing is not the step 1 in the following, but it might go something like this:

    The hypothetical "P2P as marketing" steps. (not saying this is correct, but it was always my understanding that this was how it worked whenever people argued that p2p was GOOD for artists).

    1. People find out about your band(s).
    2. People search for those bands in TPB or their p2p client.
    3.People fall in love with the music.
    4. ???
    5. Profit!

    Leave out step 1 and there is no Profit!. And no, steps 1 and 2 are not reversible for 99% of the population. Also, i'm not going to go into what is required to fill in step 4.

    --
    Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
    1. Re:Filesharing as advertising... by ErikTheRed · · Score: 5, Interesting

      I agree completely. Once a band becomes known, then giving away their music helps promote their tours and merchandise (where the real money is made, at least for the band).
      And some bands get it. I bought tickets to the upcoming No Doubt show here, and they (unexpectedly) e-mailed me a link and code I could use to download their entire catalog as DRM-free 256Kbps MP3s. Nice.

      --

      Help save the critically endangered Blue Iguana
    2. Re:Filesharing as advertising... by Anonymous Coward · · Score: 0

      /thread

    3. Re:Filesharing as advertising... by surpeis · · Score: 1

      Thanks for posting

      Actually I think you are right, but still wouldn't you expect such artists to both get alot of attention on til filesharing services in lack of other distribution?

      And it still kinda raises the question to how likely this actually is to happen very often, and if this happens enough to bring the dinos of the major label industry to their knees. I feel pretty confident that the same minute an artist strikes lucky and is "lifted" by the internet community he/she will be in the pocket of the major biz pretty fast. Simply because there is no other alternatives on how to cash in the dough in a global and very complcated market.

      Anyways, thanks for very useful and valid additional info to my post. I see that I will have no chance to answer all posts rolling in, so if anyone feel they really wanna discuss this with me, feel free to mail me at my gmail-adress, at account name "djredo".

    4. Re:Filesharing as advertising... by Anonymous Coward · · Score: 2, Interesting

      Or

      1. People find out about your band.
      2. People search for that band on TPB.
      3. People find that the only file from the band has 1 seeder transferring at 5 kb/s.
      4. People give up and go download the latest Nickleback album with 1000 seeders.

      P2P inherently favors the most popular media by making accessibility depend on popularity.

    5. Re:Filesharing as advertising... by Anonymous Coward · · Score: 1, Interesting

      I am starting to get tired of this idea that bands make more money by touring and merchandise. 1) I have never seen actual numbers supporting this claim, but a lot of numbers showing the exact opposite. 2) What about when a band retires and does not want to tour, how does this model work then?

    6. Re:Filesharing as advertising... by jollyreaper · · Score: 1

      [quote]File-sharing is an on-demand service, people don't browse through looking for titles of songs that sound nifty (that's what pandora is for, finding music relevant to their interests), they punch the name of a new release dvd into the search box and hope axxo has ripped, encoded, and uploaded it. Why do they seek out these movies? Because they were made aware of it.[/quote]

      I'm a huge fan of European metal. I discovered this stuff back in the days of Napster when I could browse the music selection of other users. Once I had a name to search for, I could find other people who had material by that band, then I could see what else they had sitting there. Searching for a track by name would give me all the bands that ever covered it and wow, that was great so now I download stuff by that band.

      My CD purchasing habit exploded due to Napster. There was so much less risk in trying new things. When the RIAA started with the gestapo tactics, I stopped buying CD's.

      The torrent sites are pretty awful for branching out and exploring, you really need to know what you're looking for. Wikipedia has become a better resource for me because I can get names, look up a track on Youtube to see if it's good, then download the torrent.

      As far as I'm concerned, there's some accounts that'll need settling up once we get to a fair system of remuneration for the artists. I'll be damned if I'm going to throw my bucks into a big money funnel just so the artist can get 6 cents on the CD. I'll be damned if I'm going to screw with DRM-laden crap. With the storage capacity of drives these days and the sheer space the old crap takes up, there's no more room in my life for physical media.

      Probably the least fucked up system on the net is rifftracks. I donwload the movies with the riffs pre-loaded that are on the torrent sites and then toss some bucks in their tip jar they have on the site. I gave them $100, of which I'll bet they see far more of than when I bought VHS tapes of the old episodes from Rhino.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    7. Re:Filesharing as advertising... by msuarezalvarez · · Score: 4, Interesting

      Why would the model need to support a band which decides to stop working for its income? Or, in other words, can we get my activity also set up so that I can stop working some time in the future and be able to still make a living out of it for ever?

    8. Re:Filesharing as advertising... by Anonymous Coward · · Score: 0

      There used to be a way to merge 1&2 back in the napster days of p2p

      You have a local band or an indy band you like, lets say Disrythmia for the sake of argument.

      You search Napster for Disrythmia and you find someone that has all of their tracks. You grab the ones you were looking for, then browse that persons collection and grab some random tracks with names that sound relevant to your interests. Admittedly not the best way to find music, but you never know what you end up with.

      Alternatively you can even open a message with them and say thanks and that you're a big disrythmia fan. They not only feel appreciated, but can then ask you if you've ever heard 65daysofstatic. Now you have another band to get.

      Unfortunately bittorrent pretty much killed this entirely. Soulseek is still active and works similarly, but you're stuck with all the issues of that first/second generation p2p (ending up with albums of varrying quality from various sources).

    9. Re:Filesharing as advertising... by ozbird · · Score: 1

      4. Buy the band's CDs and merchandise.
      5. Profit? (Maybe - but cutting out parasitic middle men helps.)

    10. Re:Filesharing as advertising... by Anonymous Coward · · Score: 0

      And getting step 1 in close proximity to their filesharing -- instead of on a separate platform, such as radio, TV or game, might make some people very rich.

      Furinstance, say you're downloading a bunch of Aerosmith tunes, when your app says "Here's a band with a similar sound, but not as strung-out looking -- wanna try it?"

    11. Re:Filesharing as advertising... by Hogwash+McFly · · Score: 2, Insightful

      2) What about when a band retires and does not want to tour, how does this model work then?

      Then they live off the money that they have saved up for retirement like everyone else.

      --
      Mother, do you think they'll like this sig?
    12. Re:Filesharing as advertising... by TinBromide · · Score: 1

      The reason i didn't put that into step 4 is because you're relying on fans to replace something they already own out of the goodness of their own hearts. The merchandise may work, but if you have a user that fills up an ipod with anywhere between 2,000 and 20,000 songs (8 gig to 80 gig, according to the apple website), its not cost effective to rebuy that entire collection.

      Some may rebuy, some people may rebuy 5% of their collection, meaning that 10 artists out of 200 might see an album buy, but who rebuys EVERYTHING they pirate and listen to? (For the record, I'm the one of the 6 zune owners and I rent my music from the zune subscription, the main reason I don't own music is because I don't need to listen to something more than 2-3 times).

      So maybe the dedication required to rebuy an album that you already possess is beyond my experience, that being said, there is a portion of listeners that genuinely wants to give money to the band, but these listeners are generally very narrow in their selections. Its an even rarer breed that will want to give a portion of their income to EVERY band they listen to. So relying on rebuys is a failed model.

      Remember donationware? I.e. software that asked you to donate if you enjoyed the functionality? I remember reading 4-6 posts on slashdot in the years I've been posting on the subject, but the most common consensus is that people recieve several orders of magnitude more help requests than donations. One person didn't receive any donations but is still getting help requests years later. This is akin to people rebuying software(music) that they already have the full use and enjoyment of.

      My (most certainly wrong) guesses at #4 would be a webcomics based model, i.e. getting people to rebuy what they can have for free but its Better (in webcomics, people buy hardcover books of comics that are posted for free on the internet) or sideways merchandise (t-shirts, pins, photos, posters, etc). (which is your #4). Perhaps indie bands need to stop selling just cd's and maybe bundle the cd's with quality books or some other value-added product (guitar tablitures, lyrics, taped performances, etc). Though that would be a different paradigm than music collectors have now, otherwise someone would have capitalized on it.

      Who knows, maybe a more internet savvy band would have a subscriber based setup where for $15 a month, you get access to band forums and can stream live performances as they happen, or shortly after they happen if they don't have internet access at the venue.

      There's always ticket sales from live performances... But who wants to have to continue to WORK for their money?

      --
      Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
    13. Re:Filesharing as advertising... by KenSeymour · · Score: 2, Interesting

      In olden times, it was called retirement. Either your work now pays well
      enough now to save for it, or your employer sets up a pension. Employers
      decided they don't like spending money for pensions, so it is all up to us
      to carefully chose the investments that won't lose our life savings.

      Musicians used to be able to create an income stream from royalties, if they
      had a big enough following. Real estate investors can collect rents.
      Small business owners can sell the business they've grown over the years.

      Music may become something people only do because they love it and keep a day
      job to pay the bills.

      Maybe the new paradigm is work 'till you drop and die in debt.

      --
      "We can't solve problems by using the same kind of thinking we used when we created them." -- Albert Einstein
    14. Re:Filesharing as advertising... by Phroggy · · Score: 2, Insightful

      File-sharing is an on-demand service, people don't browse through looking for titles of songs that sound nifty

      We did, back in the original Napster days.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    15. Re:Filesharing as advertising... by unleashedgamers · · Score: 1

      This is exactly what happened with me and my favorite band, I now own all the albums and also went to see them 4 times last year (one time spent over $1000 on tickets *$60 each* for friends that I have converted and for that also got to meet the band)

      Also now have about 6 band shirts.

      Had I not downloaded a couple albums I wouldn't have bought the merch or went to the concerts.

    16. Re:Filesharing as advertising... by nitroamos · · Score: 1

      clearly, the issue is connecting the band with the musician, which means not just publicity, but targeted publicity. a genre-specific top 100 list can help because, for example, i can see what jazz music other people seem to like.

      i think you're right about the effect of a top100 list making the field smaller, and there were two recent slashdot articles that agree with you. people are discovering that the "long tail" theory of marketing is coming under fire... i guess the good book had it right:

      Matthew 13:12Whoever has will be given more, and he will have an abundance. Whoever does not have, even what he has will be taken from him.

      but actually, i'm not sure there's too much to worry about in the long term because... drum roll... this problem will simply create a new service market where profits can be made. some people will be happy with the top 100 hits, but most will eventually want to go deeper, and people or algorithms will need to be in place to help them connect. there are three examples of companies that are exploring this:

      • Amazon: for whatever item you're looking at, they'll tell you what other customers bought.
      • Netflix: part of what makes netflix successful is not JUST that they deliver DVDs to you, but that they help you explore. Their algorithm is sophisticated enough that they even predict what I would rate a movie to be, and so far, it does a pretty good job.
      • iTunes Music Store is again more than a store, it's a service. With their Genius feature, they make it really easy to find music that's similar to a selected song. I've used this to make several discoveries in genres that i know nothing about.

      there's certainly a lot of algorithmic work to be done, but i think people will figure it out eventually. that doesn't necessarily mean your music will make it to a best seller list, but it will help you maximize your audience size to what the music is "worth".

    17. Re:Filesharing as advertising... by Anonymous Coward · · Score: 0

      "2) What about when a band retires and does not want to tour, how does this model work then?" Then they stop making money .... ?

    18. Re:Filesharing as advertising... by Anonymous Coward · · Score: 0

      Music already IS something people only do because they love it, for 90% of musicians. Musicians who are successful financially are hugely unusual.

      Real estate investors own property.

    19. Re:Filesharing as advertising... by Sinterklaas · · Score: 1

      In olden times, it was called retirement. Either your work now pays well
      enough now to save for it, or your employer sets up a pension. Employers
      decided they don't like spending money for pensions, so it is all up to us
      to carefully chose the investments that won't lose our life savings.

      So why shouldn't musicians save for their retirement? Like you said, plenty of people have to do so.

      Music may become something people only do because they love it and keep a day
      job to pay the bills.

      Meanwhile in real life, there are many aspiring artists who cannot earn a living making music. This will always be the case, since many people enjoy making music, while the music-buying public can/will support only so many artists. If a musician cannot afford to save for his retirement, he should find a job that can support him.

      Anyway, perhaps you should explain why professional tennis players still exist, since they do not get any royalties for their past performances. Clearly, Andy Roddick will die in debt.

    20. Re:Filesharing as advertising... by Anonymous Coward · · Score: 0

      Because if the income model that musicians operate on was applied to your work then then you would get payed 0.01$ an hour for your work and then be given an income everytime whatever you worked on gets used. Now you want that future income to be taken away so that you only get the original 0.01$ payed and then make money off of showing up wherever your product is being used to ask people to give you some money.

      I am not saying that the model should support an easy retirement. On the other hand it is important to realize that even successful bands with over 500.000 records sold only make about 25.000$ a year touring for 8 months. And at that income those fractions of your income that you could spend on purchasing music would probably help.

  7. I see filesharing as a New World Order by CrazyJim1 · · Score: 5, Interesting

    The old distribution models no longer work. So the people losing will fight it tooth and claw. There are winners and losers in a New World Order. Artists can still make money, but they'll have to play more live shows and their recorded music is nothing more than promotion(fame) for shows.

    I truthfully don't care about music. What I care about is when textbooks start becoming free. It will be a revolution in education. This will be especially the case when people write things like,"The comprehensive guide to calculus as to be learned by anyone who knows how to count" The computer means it can be an advanced and interactive media session. The free distribution will mean anyone can have it in their hands.

    People will still try and discover new things even if they can't get paid for the information directly.

    1. Re:I see filesharing as a New World Order by Anonymous Coward · · Score: 0

      "Artists can still make money, but they'll have to play more live shows and their recorded music is nothing more than promotion(fame) for shows."

      Hey, that's a great idea.

      Let's apply the same reasoning to software too. After all, it's essentially the same distribution model, and just as affected by piracy.

      How about software writers give their software for free and make money doing live shows too? And film makers and writers!

      In reality, the 'live show' argument in specious. Most modern music can no more be performed live than most modern software.

    2. Re:I see filesharing as a New World Order by OrangeTide · · Score: 1

      I agree. There is a great deal of room to make education cheaper and better. I'm not so sure it will happen in my country, but other countries might realize what can be done with (now inexpensive) computers and go that route.

      --
      “Common sense is not so common.” — Voltaire
    3. Re:I see filesharing as a New World Order by CRCulver · · Score: 2, Insightful

      How about software writers give their software for free and make money doing live shows too?

      Are you new to Slashdot? One of the most frequent topics of discussion here for almost a decade is how giving software away under the GPL or similar licenses can work quite well, because one can still sell support.

      And film makers and writers!

      Personally, most films I rate highly were produced through a substantial amount of private patronage or state arts subsidies. Piracy isn't much of a threat when the bills are already paid.

    4. Re:I see filesharing as a New World Order by larry+bagina · · Score: 1

      instead of waiting for someone to write "The comprehensive guide to calculus as to be learned by anyone who knows how to count", maybe you should write it yourself.

      --
      Do you even lift?

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

    5. Re:I see filesharing as a New World Order by Anonymous Coward · · Score: 0

      "Are you new to Slashdot? One of the most frequent topics of discussion here for almost a decade is how giving software away under the GPL or similar licenses can work quite well, because one can still sell support."

      And a decade later, only a tiny minority make a living this way. It also ignores the fact that most contributors to free software make their living by working for commercial software companies.

      "Personally, most films I rate highly were produced through a substantial amount of private patronage or state arts subsidies. Piracy isn't much of a threat when the bills are already paid."

      Great, but again that is a vanishingly small proportion of the films most people want to watch. And I bet they don't even show up on the torrent sites.

    6. Re:I see filesharing as a New World Order by CRCulver · · Score: 2, Informative

      Great, but again that is a vanishingly small proportion of the films most people want to watch. And I bet they don't even show up on the torrent sites.

      Actually, art films both classic and contemporary are well represented on torrent sites, even ones as mainstream as The Pirate Bay.

    7. Re:I see filesharing as a New World Order by jollyreaper · · Score: 1

      [quote]I truthfully don't care about music. What I care about is when textbooks start becoming free. It will be a revolution in education. This will be especially the case when people write things like,"The comprehensive guide to calculus as to be learned by anyone who knows how to count" The computer means it can be an advanced and interactive media session. The free distribution will mean anyone can have it in their hands.[/quote]

      College textbooks in America suck thick, veiny donkey cock. Math books in particular fail us utterly. I had trouble with anything beyond addition and subtraction until I got a computer and started fiddling around with BASIC. Algebra would have been impossible without it.

      I think the worst part about these books is that they're written by academic math jocks in order to impress other academic math jocks. The student isn't even part of the equation. Kids don't learn through dry, pointless, abstract textbooks. Make a game out of it, kids will be having so much fun they won't even know they're learning. D&D and similar games have done more to promote math education for kids than any hundred craptastic textbooks.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    8. Re:I see filesharing as a New World Order by rtfa-troll · · Score: 2, Informative

      most contributors to free software make their living by working for commercial software companies.

      Great. That's the point. "Free" as in freedom software is meant to be commercial as in valuable in many situation including in use in a company. That commercial software houses started supporting the development of free software just shows how important that support market is. And before you protest "that's not what I meant"; this is really true. The statistics say that most recent linux kernel changes are by people who work fulltime on the linux kernel and get paid for it.

      --
      =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
    9. Re:I see filesharing as a New World Order by Anonymous Coward · · Score: 0
      Hahaha. You say it as if it's a good thing. As if people are going to reading enlightening textbooks on the Internet. Or that recorded music is nothing more than a promo for shows. Or that "The comprehensive guide to calculus as to be learned by anyone who knows how to count" will be any good.

      The computer means it can be an advanced and interactive media session.

      Hahaha.

    10. Re:I see filesharing as a New World Order by rockNme2349 · · Score: 3, Funny

      This is where I learned calculus.

      It made me smart. Now I know about change and time. Calculus is good to know for math. With wikipedia, anyone can share what they know!

      --
      Sewage Treatment Facilities - "Our duty is clear."
    11. Re:I see filesharing as a New World Order by martin-boundary · · Score: 1

      instead of waiting for someone to write "The comprehensive guide to calculus as to be learned by anyone who knows how to count", maybe you should write it yourself.

      It's already been written (many times) and it's already free (public domain). The rules of calculus have not changed appreciably since about 1800. If you pick any treatise on calculus from about the 1890s onwards, then pretty much all the proofs presented are good enough for a modern course on calculus.

      Try archive.org, or ulib.org, or www.hti.umich.edu/u/umhistmath/ or historical.library.cornell.edu/math/ or www.sub.uni-goettingen.de/gdz or many others for public domain calculus books. If you follow a university course, chances are that your lecturer makes free notes available to the students also.

    12. Re:I see filesharing as a New World Order by winwar · · Score: 1

      "What I care about is when textbooks start becoming free. It will be a revolution in education."

      How exactly? From my teaching experience, it will result in many free books that students won't bother to read.

      And who will create textbooks for free? I have been involved in the editing process-it takes time and money.

  8. If he expects to be in the top 100 by Jane+Q.+Public · · Score: 4, Informative

    as an indie artist, he is deluding himself. It might happen, rarely, but not often.

    Yes, filesharing does open the markets to new bands. BUT, the band has to be good enough to make it in the market.

    1. Re:If he expects to be in the top 100 by Anonymous Coward · · Score: 0

      But I bought this guitar last week and spent a few hours learning to play it! You people owe me a decent living for all of my hard work and sacrifice!

    2. Re:If he expects to be in the top 100 by hedwards · · Score: 1

      Indeed, I'd suggest looking at the top 200 or better yet top 500. Indie groups have always been more of a word of mouth phenomena than anything else. If you're managing to get into the top several hundred against commercial labels chances are you're doing quite well.

      And it's also worth keeping in mind that there's an unimaginable number of bands competing for spots.

    3. Re:If he expects to be in the top 100 by pikine · · Score: 2, Informative

      To give him fair credit, Slashdot posted a study back in February 2006 How Songs Get Popular. Here is a quote from TFA:

      Researchers created an artificial "music market" of 14,341 participants drawn from a teen-interest Web site. Upon entering the study's Internet market, the participants were randomly, and unknowingly, assigned to either an "independent" group or a "social influence" group. ... Researchers found that popular songs were popular and unpopular songs were unpopular, regardless of their quality established by the other group. They also found that as a particular songs' popularity increased, participants selected it more often. ... Although different songs were hits in each world, popularity was still the deciding factor, although the "best" songs never did very badly and the "worst" songs never did very well.

      I think this is still consistant with the submitter's claims. Calling him delusional just because he represents an indie label is a personal attack.

      --
      I once had a signature.
    4. Re:If he expects to be in the top 100 by thetoadwarrior · · Score: 1

      I don't think he's saying that he should be in the top 100 but that there should be at least 1 indie artist there and I think that's a good assumption if TPB users were getting indie music.

    5. Re:If he expects to be in the top 100 by moosesocks · · Score: 1

      Really?

      Although it is true that, as you'd expect, the top 100 is dominated by major-label artists, there's a good portion of indie stuff out there.

      Sub-Pop has had Nirvana, The Shins, The Postal Service, Death Cab for Cutie, and a number of artists you'd readily recognize.

      This past year, bands such as Bon Iver and Fleet Foxes have garnered a lot of attention. Last year we had Feist, MGMT, and Vampire Weekend.

      Right now, the top 25 Album chart on Amazon's MP3 store contains CDs by independent artists like Death Cab, The Decemberists, The Yeah Yeahs, Fleet Foxes.

      Indie breakthroughs are actually becoming fairly common. The weird bit, though, is that TPB's tastes are overwhelmingly biased toward mainstream, big-label releases. (Maybe people feel more guilty about pirating from small artists?)

      I'm not sure if the bittorrent sort of filesharing has helped terribly much. However, services like MySpace, PureVolume, and the independent blogging community as a whole certainly have given worthy small-time artists a whole lot more exposure.

      --
      -- If you try to fail and succeed, which have you done? - Uli's moose
    6. Re:If he expects to be in the top 100 by Jane+Q.+Public · · Score: 1

      As I stated, I am sure it happens occasionally. But all you have to do is look at the sheer number of indie bands out there. Even if you are very good, the odds of you getting into a worldwide "top 100" list is very, very small. Period.

  9. However... by Anonymous Coward · · Score: 0

    If people are downloading the top 40 crap, then what are they spending money on. I for one spend money only on unique music that has earned my support. 90% of my iTunes purchases are of stuff that will never appear on a top 40 playlist and that's where my money deserves to go.

  10. Your scenario by gringofrijolero · · Score: 1

    describes the precise method used by Microsoft and Adobe to achieve their monopolies. The labels know what's going on here. And the "Streisand Effect" is being played to the hilt in their favor. And every year you hear about record profits somewhere in the industry, particularly film right now.

    --
    Todos mis movimientos están friamente calculados
  11. perfect by Anonymous Coward · · Score: 0

    I felt like posting a useless comment, troll, or flame, but didn't want to spoil a good thread. This presents the perfect opportunity to do so. Glad somebody set us up the anon.

  12. The internet isn't magical by Forzan · · Score: 1

    The big names are on The Pirate Bay because they're well known - and the internet makes it easier for new artists to become well known by removing the previous barriers of entry small bands once had to go through to be broadcast to the general public. You have to find a better way to sell yourself. Magnatunes is an example of independent artists jumping over those barriers of entry to make their music available to the world at large.

    1. Re:The internet isn't magical by surpeis · · Score: 1

      Hey, im not selling myself mate...

      I WANT a new market to grow forth. But very often I see TPB and similar services recognised as "front soldiers" for this struggle. I find this to be a false illusion that I wanted to challenge.

      In my perfect world, people would fill TPB with the NEW and FREE music. How can we make that happen, is my simple question?

  13. Good points. by Creepy+Crawler · · Score: 5, Interesting

    However, you make the assumption that all 10M people reading here are actively polling right now from any one of those torrents. You'd be mistaken.

    Some of my favorites exist from back in the '20s when rip roaring jazz was abound everywhere. We see avant jazz go all the way up to present, with other counties spawning jazz musicians. Classical has mostly stagnated, but those who like those "stuffy sounds", that music has existed from the 1700's when the Church commissioned those pieces to begin with. We really start to get to the heyday of music, from the rock era starting in the 60's to the 70's. And we all know the groups that came from that time.

    Now, if my numbers are correct, nearly every work published since 1/1/1922 is under full copyright protection. So... most "popular musics" are covered by somebody's copyright. And it turns out, if the record companies didn't own it, they bought it or sued for it. Big surprise.

    Of course, you have indies and such, but they really dont matter (sorry). Yeah, if they organized into a force to fight against the ilk of the RIAA, they might have a chance, but then they would turn in to what they hated and originally fought against.

    If you havent realized it already, but copyright is really useless in its present form.

    *said while listening to music from ocremix.org , a free music site in dedication to remixing game music.

    --
    1. Re:Good points. by hyperball · · Score: 1

      *said while listening to music from ocremix.org , a free music site in dedication to remixing game music.

      wow nice link man. thx!

  14. A poor argument. by sakusha · · Score: 3, Insightful

    That was a very poor argument. You're basing your argument on the top 100 torrents, this is like an inverse of the "long tail" argument. But that's the only data you have, since you can't look at the top 100,000 torrents.

    There are other ways to look at this. For example, I used to be active on usenet in some specialist binaries newsgroups. We traded obscure music in our genre, none of this was new or of wide interest, it was definitely a niche. I did one vinyl rip and restoration of a very obscure LP that I might have one of the only existing copies, it took weeks to restore and clean up all the pops and clicks. That rip was traded back and forth repeatedly. Then all of a sudden, a new remastered CD of the album came out. I'm convinced that repeated trading of my vinyl rip proved demand and the record company was watching, and decided to remaster and rerelease it.

    Now if that (admittedly anonymous and unsupported) anecdote doesn't convince you (and why should it) then the mere existence of niche trading sites (on usenet and torrent trackers) should convince you. Take a look, there are plenty of them, within easy reach.

    If you're going to argue that the most easily available torrents are the most easily available mass-trade products (like top 40 music) then you've found the perfect set of stats to prove your point. Maybe you shouldn't form your hypothesis and then go looking for data to fit it.

    1. Re:A poor argument. by surpeis · · Score: 3, Interesting

      THanks for posting.

      I realise that its impossible to bring solid "evidence" to what is happening, and at what price it comes. I could write a book about it, but I wanted to keep it short to make my point. Not more, not less.

      Im probably an idiot to try to post the "reader's Digest" version inside the temple of nerds, but hopefully I can start some refelctions that can contribute to the future market being brn.

      That sais I know that your arguments are 100% valid. The problem is that I (and this is MY personal view) am afraid that the major labels will be stronger than ever, while all the other markets will be, as you point out, niches. The stuff in between, the indies, will struggle in such a market because they (again in my humble opinion) dont have the resources to profit as easily from global market opportunities as the major labels.

      Anyways, thanks for posting good and valid arguments, I will definitely store them for future use..

    2. Re:A poor argument. by Anonymous Coward · · Score: 0

      Yes, what kind of stupid article is this? And why is it on slashdot?

      When people download mainstream material they have money left to go to local live performances. In the early days of bittorrent there were loads om smal tracker for all kinds of music, but most of them have now been shut down by the large corporations.

      Most people I know who buys music nowadays do it because they like and feel a connection to the artist, not because they got spoon-feed by the music industry.

    3. Re:A poor argument. by Anonymous Coward · · Score: 0

      There's really two arguments/facts that might offer a glimmer of hope to you:

      - The reason why the top labels are at the top is not some inherent quality, but massive amounts of cash. That cash funds a vast and well-oiled marketing engine that makes those records pervasive and unavoidable. But their cash largely depends on selling copies of music. In the P2P world the cost of a copy is exactly zero - so within 10 years their money, their marketing and their general political power will fizzle out. It's a self-destruction process dictated by simple economics. No ifs and when about it.

      - Once the machine that was built in a 100 years and which has a _lot_ of inertia comes crashing down, there will be a new gold rush for the hearts of the paying concert goer and merchandise buyer.

      The hearts of them will also open the wallets of the advertisement sellers. A little bit of advertisement here and there works for free TV and turned them into a billion dollar industry - it will work for indy music too, once given a chance.

      And it wont be called indy music anymore - it will be just called music.

      The only defense the recording industry has is to make the cost of the copy non-zero. Their problem is, it is your First Amendment given right to publish *your* music at zero cost. They cannot regulate the music publishing industry to mandate DRM on *your* music.

      So unless the *IAAs can change the Constitution to mandate DRM for *your* own music too, they've lost the game in the long run.

      Meanwhile they will try on their 5 year time horizon to slow the process of implosion: copyright police, DRM forced everywhere, criminal penalties and a PR push to equate P2P with criminal behavior. Expect quite a few new interesting initiatives from the new DOJ as well (stock full of RIAA lawyers now).

    4. Re:A poor argument. by zotz · · Score: 1

      "The stuff in between, the indies, will struggle in such a market because they (again in my humble opinion) dont have the resources to profit as easily from global market opportunities as the major labels."

      It is going to be hard for anyone to play in the same game as the big boys and hang with them.

      But one can try something that the big boys will be reluctant to play. Free and Copyleft Music. And finding models to support such.

      I have been working on some notes on packet In's site:

      Income: http://packet-in.org/wiki/index.php?title=Income
      Promotion: http://packet-in.org/wiki/index.php?title=Promotion

      Perhaps it will give some help to some trying the Free game.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    5. Re:A poor argument. by u38cg · · Score: 1

      The longer I spend listening to music and spending time with other people, the more I come to the conclusion that we (as a species) will only ever want, as a rule, to hear a limited subset of all available music. Regardless of the marketing and distribution opportunities out there for new music, I can't ever see the major labels going away, because they are very, very good at being the major labels. People want their music to be a shared experience and whatever else it might be, you get that from "Sweet Home Alabama", but not from the latest indier-than-thou release.

      --
      [FUCK BETA]
  15. The 'pirate' demographic by Hogwash+McFly · · Score: 4, Insightful

    I think the poster is making the mistake of trying to pigeon-hole 'pirates' into a category of tech-savvy computer nerds out to liberate the indie musicians from the suffocating embrace of the RIAA and Big Media and enforce a massive paradigm shift upon the distribution and consumption of entertainment. Sure, such a demographic is no doubt largely represented among the 20 million or whatever Pirate Bay visitors, but I'd wager that an equally significant proportion are just your typical Joe Sixpack consumer with enough technical knowledge to download a torrent - teenage girls downloading the High School Musical soundtrack, bored housewives and college students downloading the latest episode of Lost and so on. So bemoaning the fact that the 'pirates' appear to be downloading the exact mass-produced tat that the same 'pirates' are supposed to be railing against seems, to me, to be disingenuous.

    On the one hand, it may seem counter-productive that the majority of media being torrented is largely big-label and megacorp product because these 'civilly disobedient' keyboard warriors decry it and should boycott it completely instead. However, on the other hand, it may help the ultimate cause of filesharers by highlighting the fact that the pirate demographic cuts huge swathes and that it is mostly normal people who don't see a problem with sharing files with eachother, rather than a bunch of fringe computer nerds who make a convenient target for media types and politicians.

    --
    Mother, do you think they'll like this sig?
  16. Re:That's one more reason for limit copyright term by SanityInAnarchy · · Score: 1

    While I am in favor of limiting copyright in that way, I doubt it would have the effect of reducing the stranglehold of the major labels. After all, they do tend to support plenty of new, popular music.

    This story was lamenting that indie bands and labels, new or not, don't benefit greatly from piracy, and may be hurt by it. I don't think they'd benefit greatly from reduced copyright, either, other than by having more sources to draw upon.

    --
    Don't thank God, thank a doctor!
  17. Pirate bay is not a good example by Anonymous Coward · · Score: 0

    People go to Pirate Bay for illegal stuff.

    How many views on YouTube do unknown artists get, where their content can be viewed legally? It is difficult to get a realistic idea, but a cursory glance would suggest thousands of musicians getting a hundreds or in some cases thousands of views each.

  18. So what do you want? by Kjella · · Score: 3, Insightful

    Special treatment? All the time I've heard about how the labels control music, it's about how they control the radio and tv ads, they control the shelf space, they make sure you don't get heard. So on TBP you're all equal, everybody downloads whatever they want from every label, everyone got access to your music no matter how obscure. Everyone's free to put together their own favorites or collections of music and share it with others without payola to get on the radio station's A-list. TBP is not going to solve the problem that people don't WANT your music, if that's what you think. Even though it's all formula-based, you realize they didn't just come up with the formula by accident right? It's sorta the point to hit the mainstream with it.

    --
    Live today, because you never know what tomorrow brings
    1. Re:So what do you want? by surpeis · · Score: 2, Informative

      Thanks for posting.

      If thats how you interpret my post, Im have failed to bring my point forth.

      I dont even run a label anymore.

      Im simply stating that the music biz scene seems to be more consolidated than ever, and I am aware (and thought I made this clear) that TPB is expected to reflect the marketing of the major biz. Im merely pointing out that this actually strengthens the "arch enemy" rather than advocating change...

    2. Re:So what do you want? by Kjella · · Score: 1

      No, I didn't get your point and still don't. From a locked down distribution and marketing system you've moved to an open market, which makes TPB better than before. Are you arguing that labels had no lock-in and payola, and that so it's no better than before? Mass market formula music is made to appeal to the mass market so they're in the top 100 both before and now, but I don't understand what else you'd expect. Did you expect niche artists to be in the top 40, which almost per definition must be bland "appeal to everyone" music? I'm sorry, but I've still failed to find any point you made that makes sense.

      --
      Live today, because you never know what tomorrow brings
    3. Re:So what do you want? by surpeis · · Score: 1

      OK, last try.

      My point is thyat why don't we put systems into action that TRULY makes the major labels obsolete?

      I have posted this to a couple of other replies, so bear with me if you already saw it:

      IF it is true that filesharing strenghtens an artists sales, then TPB and the likes are strenghtening the major biz, not weakening it. I belive it does strenghten sales, and if I owned a major label, I would not lift a finger to change the ongoing situation. And definitely not sue them... But stupid is forever I guess... ;-)

      Thus, I am calling out for the filesharing community to take counteraction. In a perfect world I would like something like this to be implemented:

      A) When attempting to download Britney Schmears, you'd be warned that her music is copyrighted, and that you would actually support the major biz by DL'ing and seeding it...

      B) After giving you this warning, you then get a choice to either download the original crap you searched up OR or a few alternatives that (by users i guess) are tagged as good LEGAL and COPYRIGHT FREE alternatives. Not indie-stuff. FREE stuff.

      In this way the major biz would get a kick in the nuts that they actually felt. At the same time, the thousands of free artists out there could benefit from the marketing of major labels, and make use of it to advocate an alternative to the consolidated services we see today.

      Is it more clear now what I am advocating?
      I mean: if noone at /. can make it happen, who can? :-)

    4. Re:So what do you want? by Anonymous Coward · · Score: 0

      The point is that it has not moved to an open market. The tpb have only reduced the distribution cost. The marketing costs are still there and the majors are still the only people that can afford them.

      The internet can do so much more than reduce distribution costs. It can also create new methods of marketing and encourage creation.

      For an example look at a project like open street map. They didn't just say "map data should be free" and start distributing commercial data sources. Instead they have created an infrastructure that allows people to create and use map data. The project has attracted a staggering amount of effort. People actually invest 100's of hours collecting data and creating software to enable this to happen.

      tpb on the other hand haven't really resulted in anything napster didn't demonstrate years ago. It's just a list of torrents you search and little else. Looking at other projects like openstreetmap, free software, wikipedia etc. people are prepared to invest time producing free good quality media if you provide the right conditions. tph have media attention, they have the servers, they have the technical ability. Why are they content with using so little of the internets potential?

    5. Re:So what do you want? by surpeis · · Score: 1

      I used TPB merely to state my point. In the future id like to something like this born:

      1. A user generated system is implemented that lets people list good and royalty free music, with links to similar major label music. Kinda like matching on last.fm

      2. When recieving a search for Britney Schmears this could be used to give the listener alternatives, as well as the original searched item.

      3. This could then hustle on major label marketing until it was self containing.

      So my point is not that water is wet, but rather that I find it pretty concerning as well as ironic that the oh-so-sure-of-the-major's-close-death filesharers actually has turned the services into marketing centres for the major label music and perfected it as well, while there is close to impossible to find a good service taking care of royalty free music and promoting it to the masses.

      There are several explanations to this I guess, and a good few of them are presented by insightful replies in here.

      However it ended up as a debate about semantics and the TOP100 lists of TPB while what i hoped to trigger was a debate on how we can make a new era start. NOW.

      I realise its mostly because i muffed my argument in the OP, Im having trouble getting my point out with my limited english vocabulary. But interesting points has been made (without my Karma becoming blown to smithereens, even).

  19. Another possibility, though: by fuzzyfuzzyfungus · · Score: 1

    As TFS notes(and, in this case RTFA=RTFS, so I'm all set) pirates, on average, are distributing exactly the same major label top 100 stuff that people, on average, are listening to. There certainly are pirates that differ from this, just as there are the indie cool kids who hang out at underground record shops(in many cases, these populations probably overlap).

    However, I'm not at all sure that this supports the contention that piracy is an advantage for the major labels. Essentially, the major label stuff is a "takes money to make money" enterprise. You have an expensive marketing machine mobilized to sell a huge number of copies of some blandly acceptable product. If you don't move enough copies, you lose a large amount of money. Here, you don't need "exposure", you've already paid for that, you just need to sell copies. Thus, the extra exposure you get from pirates is of minimal help, since you already own the airwaves, and the reduced sales hurt.

    On the indie side, you don't get much in the way of increased exposure, because most pirates are pirating top 100, and (given the way p2p works) the fewer people are interested in something, the lousier your downloading experience is going to be.

    I suspect, ultimately, "piracy" in the classic piratebay/sons-of-napster sense isn't a huge visibility win for the indies(though online distribution of samples and promo material through music blogs and the like might well be); but it is, at the same time, a considerable threat to the major label model.

  20. Missing the point. by Estanislao+Mart�nez · · Score: 3, Insightful

    The old distribution models no longer work. So the people losing will fight it tooth and claw. There are winners and losers in a New World Order.

    You're missing the point of the essay. The author's point is that the old promotion models still work pretty damn well; this is why the top 100 on The Pirate Bay is all major label artists. So, overall, even if the major labels are suffering right now because of the breakdown of the distribution models, they're still going to come out as winners.

    1. Re:Missing the point. by MightyMartian · · Score: 1

      The old promotion model may work, but if illegal file sharing is as damaging as the record industry claims, then how well the promotion model works is irrelevant. It doesn't matter how well an engine runs, if you don't have fuel, it doesn't run at all.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Missing the point. by green1 · · Score: 1

      Ah, but there's the difference, the PROMOTION model works, the DISTRIBUTION model is dead.

      In the short term this actually serves to prop up the existing, entrenched, players. However if you look longer term, if they can't make money on it, their promotion model will eventually die too. The end result would be a level playing field.

    3. Re:Missing the point. by alienw · · Score: 2, Insightful

      No, they aren't benefiting from it. In fact, you can directly argue that every top 100 download on TPB is a lost sale. What the statistics are basically saying is that the major labels' marketing is working very well, but instead of creating more sales, it's creating more downloads. The labels don't care about how popular their artists are, they care about how many records they sell. I don't think you can honestly argue that their record sales are going to increase as the result of piracy. In fact, I think that their business model is going to be completely gone in another 10 years. Maybe they can reinvent themselves as something else (say, making money by licensing music for commercial use), but it will get harder and harder to sell records to consumers as digital piracy increases.

    4. Re:Missing the point. by Estanislao+Mart�nez · · Score: 1

      In the short term this actually serves to prop up the existing, entrenched, players. However if you look longer term, if they can't make money on it, their promotion model will eventually die too. The end result would be a level playing field.

      Yeah, but the point is that over the medium term, either the labels will figure out a new distribution model, or somebody who does will take over the labels for their promotional goods.

  21. TBP - Terrible Context by Anonymous Coward · · Score: 1, Insightful

    Using TPB's Top 100 is a terrible example of 'pirating's effect' on.... well.... anything. It almost looks like an attempt to use the media hype around the trial as advertising itself, and no real a slashdot substance. Too bad the band wasn't mentioned.

    Seriously though. I'm sorry, but little evidence with a bad conceptualization of cause/effect..

    I personally have come across 90% of indie bands on bittorrent, because I cant find them anywhere else. Whether I buy after that, is up to me, yes. But theres a 0% chance Ill buy if I never hear or know about them. And I wont hear or know by simply looking at TPB. Or any other similar service.

  22. Dude... by deathtopaulw · · Score: 3, Interesting

    Are you serious?
    Let me tell you a little secret, bittorrent communities (especially TPB) are a horrible place to spread a concept. They are very loosely knit, with very few members or even users frequenting the forums and discussing things. No discussion means no recommendations from other users. No recommendations means your word is never spread. How is someone supposed to glean a band out of thin air, try every new music torrent that is posted? Filesharing is an extremely effective method in other areas though. I have been an active user on Soulseek for probably 5 years, and participate in several different music communities there. Nothing else in my life has influenced my taste more than the people I've met in the chatrooms there. And I'll just tell you right now that I'm about as far off the mainstream track as you can get.

    Just do it better.

    1. Re:Dude... by surpeis · · Score: 2, Interesting

      Hey and thanks for posting.
      There's probably alot passing me by, unfortunately I only have one life to spend on all the cool stuff on the net...

      I will note down your thoughts about BT-communities. My point was not to nail TPB to the wall though, just to argue that there is seemingly no measurable effect on what music the net community listens to compared to the "ordinary" market.

      Anyways, Im not at all afriad to say I might be wrong on some of this. On the other hand I see indies dying like flies, while I don't see any other damage to the major biz than some scratches in the paint. And it confuses me and makes me concerned.

    2. Re:Dude... by Inda · · Score: 1

      Nail on the head.

      I never liked Soulseek but knew a lot of people who did. Client of choice was Direct Connect because you could see people's music shares, talk to them in the chat room or privately. We also had streaming ShoutCast server that some proper DJs used in the evenings. It was a community.

      I also posted heavily on Usenet. Complete discographies from record labels. Ripped records that are not produced anymore and regularly get three figure prices on ebay. The group was far from mainstream too but everything fitted into the genre. Usenet, although not the friendliest of places, was a far better tool for communicating than BT.

      On a side note, producers of the music I like actively post music around. White lables are perfect for ripping and posting on the internet - it's what they are designed for. A few top DJs have complained in the past about live performances hitting the net, only because they wanted to play their exclusive white labels for a few weeks longer and I believe they did have a point.

      Other DJs are expected to buy vinyl. MP3 and CD mixing units gain no street cred. Downloaders, like myself, are expect to turn up at parties and part with entrance fees. I'm a little too old for that sort of thing now though - it's a young 'uns game - but I was spending all my wages on the scene back in the old school days.

      Appologies to Usenet for not flooding in 12 months. Other people need to take their turn. It was not my fault the group died.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  23. Sorry by gringofrijolero · · Score: 1

    As long as the world lives under this glitzy market economy, there's not a chance. If people are to resist here, they'll start doing it in other facets. This market absolutely depends on frivolous purchases. Tear that down and you'll have to find an entirely new way to motivate people.

    --
    Todos mis movimientos están friamente calculados
  24. Re:That's one more reason for limit copyright term by Anonymous Coward · · Score: 1, Interesting

    ... they do tend to support plenty of new, popular music.

    Most new music is not popular. Familiarity breeds interest. Exposure creates markets for new sounds. With enough repetition, people can learn to like any kind of garbage. Witness the popularity of Rap for instance.

  25. It's all in the marketing by Jyrsa · · Score: 1

    While I do admit that the poster may have a point, I have to point out one major flaw his example:

    If you look at the Top100 artists, albums or downloads, you'll inevitably see the effects of all those marketing dollars the big record labels are chipping out.

    Filesharing as a means of promoting new artists is at it's infancy, there's just not enough mass to compete with millions of $ in marketing budget.

    1. Re:It's all in the marketing by guyminuslife · · Score: 1

      Obviously,yes.

      What I don't get is how the author seems to put it in terms of consumers "resisting" marketing. Like the issue at stake is that the record companies come to our houses, twist our arms, and demand that we listen to Britney Spears. When the issue is simply that other good stuff that's out there doesn't get heard as much, because...we don't know about it!

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
  26. Which mirrors my complaint about file sharing. by Bill,+Shooter+of+Bul · · Score: 4, Funny

    It removes one of the penalties for liking terrible music. You should be forced to pay a fine ( the cost the label asks for) as well as the punishment of actually having to listen to top 40 crap. How else are teenagers supposed to evolve beyond thier terrible pop music phase? If I ever write a file sharing technology, I'll be sure to put in a good taste filter.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  27. I can never come up with subjects.. by Anonymous Coward · · Score: 0

    The thing is, I like music I've already heard.
    And I just don't hear much indie music.
    I first heard of my favorite bands from Guitar Hero II and III, and the rest of my regular listening setup is music from video games I've played and, for some reason, Sandstorm by Darude.

    Maybe you should put music in Frets of Fire or one of those Linux rhythm games that sucks because there's no music for it.

    I need to hear your song before I'll know if it's worth listening to, and worth pirating.

  28. Author is right and wrong by Anonymous Coward · · Score: 0

    I agree with the author: filesharing sites may not help support Indie artists. However, that is not the reason that I tend to side with the pirates when it comes to these issues. I see piracy as a means of protesting the monopoly that the major record companies have on the distribution of music. The author is right that filesharing tends to mirror the major record releases, but I disagree the cause is the file sharing sites. I believe the fault lies with the record labels themselves. They remain, though they hopefully are fading, the most likely path to national and worldwide recognition. Regardless of how they got there, people will mostly want to pirate these mega-star groups, not because of allegiance to RIAA, but simply because they know who these popular groups are. What I find most infuriating about the tactics of the RIAA is their steadfast belief that the only way they can make a profit is through this stranglehold on distribution. They actively stifle other forms of publication, which is what ultimately hurts indie artists, as a means of perpertuating their control to release a limited selection of drivel. It is this monopoly, a completely artificial monopoly, that I hope piracy one day breaks.

  29. mp3.com and Napster worked, p2p is a protocol by spd_rcr · · Score: 5, Insightful

    When music was first (largely) being distributed via offerings like mp3.com and Napster, there was the ability to browse by genre and mine down to find various other bands you might like. There was lots of indie bands making their way to the surface, similar to Apples "genius" feature in itunes.

    p2p is only a file sharing protocol, you still need to know what you're looking for before you can download anything, thus people are only going to download stuff they already know about.

    If you want to unearth cool indie bands, you'll need a more traditional site with intuitive groupings to showcase them.

    --
    - tensions in our lives that are attacking our minds, unite themselves together to make our consciousness blind - op'ivy
    1. Re:mp3.com and Napster worked, p2p is a protocol by surpeis · · Score: 1

      I clearly remeber those days, I even had a song with my own band up as "pick of the week" in the early days of mp3.com, and it surely had an effect.

      So I totally agree with you, and this is part of my agenda. Why is the community not able to make a service just as popular as TPB based on the free and interesting music out there? Id love to see it!

      Last.fm might be on a good track towards this, but again the problem is that as soon as major commercial acts are mixed into it the services has a tendency to collapse under their own weight, like myspace has done.

    2. Re:mp3.com and Napster worked, p2p is a protocol by Anonymous Coward · · Score: 0

      I agree. As others have pointed out, TPB is not a great "discovery" medium by far. After the demise of Napster I went "indie" only for a long time. There are so many indie bands and so much music.
      I'd be interested in a "best of" indie music streaming station that took playlists from all the labels that are willing to put in to it (bet that'd be a lot).

      Make all of the info on the band/album/art/song/lyrics available. More often than not, I discover a band by hearing a few songs that catch my attention and then find out it's the same band rather than "Ooh, great song, who's that? I'm all into them!" or hate a band because I think the lyrics are stupid, only to find I heard them wrong.

      Of course, all the while through the discovery process, you'd have links to the labels home site to purchase the goods.

         

    3. Re:mp3.com and Napster worked, p2p is a protocol by advocate_one · · Score: 1

      you can browse by genre in TPB, however, the tags are being abused by uploaders to ensure their torrents feature in more slots... one particularly abused tag is "Blues"

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  30. Re:That's one more reason for limit copyright term by surpeis · · Score: 1

    Hey, and thanks for posting.

    I pretty much find this a valid and good argument.
    It might reduce the willingness to take risk på biggerlabels, but on the other hand Indies has always been prone to take more risk than major label companies.

    I see some other implications, f.i. it also would affect the possible "lifespan" income of artists significantly: However this is already a problem since the expected lifespan of an artists career has dropped significantly due to stuff that the Biz has brought onto themselves (at least back here).

    Anyway: I think you are absolutely right that revising the copyright system is one of the things that could change things. But its a big task, and involves lobbyism and other crap that is out of the sphere where "you and med" can make a change. I still think there must be other ways to get more focus on how we can avoid being stuck with the major labels consolidating their marketing power through the (supposed) user controlled channels, and posting this reflection was my humble contribution... :-)

  31. Outweighted by the cool effects of filesharing by muuh-gnu · · Score: 3, Insightful

    The less-cool effects of filesharing are by far outweighted by the cool effects of filesharing.

    Filesharing is a product of technological advance. As every other technical advance before that, it has a negative effect on people whose business model comprised manual production of a certain product.

    That way you also can write lengthy articles seemingly fraught with meaning about the less-cool effects of refrigerators, which made thousands of hard-working and family-feeding ice-collectors and ice-sellers unemployed. You could write about the less-cool effects of mechanized looms, which made hundreds of thousands unemployed and left to starving in the 19th century. In general, you could write general pamphlets against any kind of automatisation technology since it makes manual work not needed any more.

    But in the end, you also will have to face the fact that you wont in any way be able to stop and wind back the clock of time and that the general market for "copies" of any kind has ended. With today's technology, we can replicate and distribute works of any kind ourselves and do not need you and your services any more. As somebody here said, "today, we are all printers". It may be true that in such a society there will be less new content created in total, but with free filesharing, we all will have access to more total content. The sole fact that you created something does not give you any kind of imaginary right to control how people will use it and how often they will copy and share it with other people. Also we people do not in any way grant you such rights, absolutely acknowledging that you may stop creating and publishing new works. We simply value our god given rights to free speech and free echange of information and culture than your imaginary, artificial rights to censor such natural human behavior in order to give you an incentive to "increase production".

    The age of artificial scarcity and for-profit censorship has ended.

    Enter the age of sharing and caring. Don't worry. It's going to be alright. :-)

    1. Re:Outweighted by the cool effects of filesharing by surpeis · · Score: 1

      Hey. Thanks for posting!

      I dont share your enthusiasm.
      The main reason is that I in general "hate" mainstream music. I am afraid that the mainstream music will be even more dominant, while the rest will be more niche than ever before. I want good services to provide me with the cool stuff from the free music scene, and I want it to have a measurable impact. As I get you, you dont think its possible. Im afraid you are right, but I hope not :-)

    2. Re:Outweighted by the cool effects of filesharing by crazee_cruzer · · Score: 1

      Amen!

    3. Re:Outweighted by the cool effects of filesharing by Anonymous Coward · · Score: 2, Insightful

      "That way you also can write lengthy articles seemingly fraught with meaning about the less-cool effects of refrigerators, which made thousands of hard-working and family-feeding ice-collectors and ice-sellers unemployed. You could write about the less-cool effects of mechanized looms, which made hundreds of thousands unemployed and left to starving in the 19th century. In general, you could write general pamphlets against any kind of automatisation technology since it makes manual work not needed any more."

      This is what annoys me most.

      Media piracy has got fuck all to do any of those examples.

      The cost of the physical medium (I.e. a vinyl record, or the cost of paper for a book, or a CD for commercial software) has NEVER been the deciding factor for the value of the information it contains.

      So, just because there is a new way of distributing that information, it does not change the value and cost of creating that information.

      Mechanized looms made it cheaper to make cloth, but torrents don't make it cheaper to create music.

      Unlike all those other examples, (ice sellers, cotton spinners, buggy whip makers), the music creator's skills remain just as valuable.

  32. Crazy and Biased. by Idiomatick · · Score: 1, Flamebait

    I think he might have a bit of a bias being a failing indie band person. Strawman aside...

    "There is no accounting for bad taste."
    File sharing puts everything on equal footing based on POPULARITY. Think of torrents like a store... A store with 100million songs available. If not even 1 person is willing to seed your music the people have spoken, you SUCK. What does the top 100 have to do with anything? It is a reflection of the market, it drives it to some small degree but that is it. It makes everything almost equally available if there is some remote interest on the planet for it. Would you prefer a store with only 10,000songs? Where you are guaranteed to not be on the shelves.

    Basically, suck it up. If you can't succeed in such an open environment on equal footing with any giant band (better than ones with RIAA fucking them over). Than it isn't the system. It is you.

    You Suck.

    1. Re:Crazy and Biased. by Anonymous Coward · · Score: 0

      thx, you saved me some typing

    2. Re:Crazy and Biased. by surpeis · · Score: 1

      Thanks for posting.

      Its not that simple, and I find your statements very over-simplified. But since you seem to belive this, im gonna tell you why with the risk of just feeding a troll...

      If I had alot of money to market music, I could make the most sucky artist ever top the TPB sharts, just like Britney Schmears or Schmo-Rida has done. ;-)

      If I have the best artist in the world, but only a few dough to market it, I wont stand a chance achieving it without a miracle striking down.

      And again: this has nothing to do with me. My label is now history for other reasons than filsesharing.

    3. Re:Crazy and Biased. by Idiomatick · · Score: 1

      But then your complaint boils down to: Advertising works. Or possibly... Popular things are popular.

      You probably won't make it to the top no. But I can think of plenty of examples of Youtube flunkies doing pretty well. I don't know what you would prefer that would help out indies. Just divide the popularity of anything copy written by 10? Currently anyone can upload anything to TPB and try to get popularity.

      On a side note I'm amazed I didn't get obliterated by the mods yet, I thought the last bit was a bit much. Maybe the mods will grant my birthday wish and push me up to +5troll.

    4. Re:Crazy and Biased. by jonaskoelker · · Score: 1

      A store with 100million songs available. If not even 1 person is willing to seed your music the people have spoken, we don't know who you are

      Changed that for you. Whether it's a fix or not depends on the facts of the case, but it's a possibility which should not be overlooked.

      In fact, that's OP's point: P2P doesn't create awareness (or desire), it helps desire become fulfilled. I don't want to play Starcraft 2 because I read about it on TPB. I want to play it because I heard about it from other sources.

      You might begin to have a case for "you suck" if you argue that the reason no one knows about $BAND is that they haven't gotten airtime and their lack of airtime is because they suck.

      I don't necessarily buy that. I get the impression that US radio is controlled more or less solely by Big Radio, who is in it for the money, and so they select only that which sells the most.

      You can still be good even if you target a niche audience. Metal played on cellos isn't for everybody, far from it. But it's for somebody, and for those it's good.

    5. Re:Crazy and Biased. by Idiomatick · · Score: 1

      Agreed with the fix.

      Well p2p is a distribution system not an advertising system. So I was rightly comparing it to a store.

      As for advertising systems traditional media like TV and the radio still have some real power. But over the last few years as power has shifted from them to the internet the power is being taken out of the hands of big media. Point being you probably heard about Starcraft2 from friends who probably heard from either seal-hunter like vigilance or from a fan run game site. Neither of these are mainstream media neither of these are controlled by money. People advertise and gain awareness through: Blogs webcasts youtube vlogs indiesites fansites musicsitewithabandoftheweek spotlightsonnewssites WORD OF MOUTH ... msn facebook reallife secondlife email.
      And if you think about it for a bit this is likely where you hear about most of your new stuff. And none of it is paid for.

      That said the writer was targeting a supplier/distributor. Not an advertising mechanism.

    6. Re:Crazy and Biased. by surpeis · · Score: 1

      Thanks for posting.

      I might be crazy, but my point was NOT to save the indies. Im advocating that the filesharing community is merely turning themselves into useful idiots rather than using the power they have at hand, and im suprised and let down that it has not happened in more than 10 years now

      Im gonna repost a clearification i made to another post, I hope it can make you understand that im not just stating the obvious:

      1)IF it is true that filesharing strenghtens an artists sales, then TPB and the likes are strenghtening the major biz, not weakening it. I belive it does strenghten sales, and if I owned a major label, I would not lift a finger to change the ongoing situation.

      2) Thus, I am calling out for the filesharing community to take counteraction. In a perfect world I would like something like this to be implemented:

      A) When attempting to download Britney Schmears, you'd be warned that her music is copyrighted, and that you would actually support the major biz by DL'ing and seeding it...

      B) After giving you this warning, you then get a choice to either download the original crap you searched up OR or a few alternatives that (by users i guess) are tagged as good LEGAL and COPYRIGHT FREE alternatives. Not indie-stuff. FREE stuff.

      In this way the major biz would get a kick in the nuts that they actually felt. At the same time, the thousands of free artists out there could benefit from the marketing of major labels, and make use of it to advocate an alternative to the consolidated services we see today.

      Is it more clear now what I am advocating? I mean: if noone at /. can make it happen, who can? :-)

    7. Re:Crazy and Biased. by Idiomatick · · Score: 1

      There are indie/free only sites out there if that is your preference. I think all in all you are just being idealistic :P You can't think for people.

      An idea for you though. There is a lot of code out there for 'also recommended'/'you might like' suggestions. You could modify this pretty easily to give only free/indie songs. Or better yet. Set it so that it puts free songs first followed by a little break and then the other songs. I bet if you fought for it this could get implemented someplace maybe amarok? Honestly remake another topic about doing that and you will probably get some supporters.

      Oh and I posted elsewhere in this thread more clearly/less flameingly laying out my thoughts.

    8. Re:Crazy and Biased. by surpeis · · Score: 1

      Yes you are right, my intentions with the post kinda got muffed due to me having a bit of problems communcating in english as its not my first language.

      Reposting more solid suggestions is definitely worth trying, if I can make it pass the almight moderators again. This is not the easiest place to get articles that could be read as critics to the filesharing establishment accepted... But I'll give it a shot once I have managed to weed out the good and valid stuff that was posted to my OP :-)

      I saw your other post, and dont worry about the flames. I had it coming, and I knew.
      I think I have actually gotten treated quite well given where I am posting and my background... :-D

    9. Re:Crazy and Biased. by Idiomatick · · Score: 1

      "english as its not my first language"
      I had noooo idea haha.

      Give it a week or so and post something specific like the 'also reccomend' idea (after doing some research). Getting articles on /. isn't as hard as you might think :P

  33. You are useless at advertising, hence you fail by Anonymous Coward · · Score: 0

    You get a whaa whaa whaa piece on the front page of slashdot, but don't bother up link to a torrent of what you are offering. You failed because you are useless at getting the message out, and that assuming the material is even worth the infinitesimal costs of the HD space.

  34. Why the labels still fight TBP by russotto · · Score: 1

    While it's true that it's worse for the RIAA labels if someone downloads an indie song that they like rather than illicitly downloading an RIAA song or buying an RIAA song, it's still worse for the labels for someone to illicitly download an RIAA song rather than buy it. So they will continue to fight TPB, even if it fails to help indie labels. Conversely, from the point of view of someone who wants to see RIAA labels hurt, it's better if someone illicitly downloads an RIAA song rather than purchases an RIAA song. Either way, I don't see how file sharing hurts the non-RIAA publishers. Either the RIAA music dominates the illicit channels as completely as the legal ones (in which case the indies are neither hurt nor helped by the illicit channels, but the RIAA labels are slightly hurt), or they do not (win for the indies).

    The only case I can see where the existence of the illicit channels could hurt the indies is if they were trying to compete on price with the RIAA labels in the legal channels. I don't think that's the case.

    1. Re:Why the labels still fight TBP by surpeis · · Score: 1

      thanks for posting.

      You make a strong and valid argument.
      There are some problems you dont adress though:

      The main one is that where the RIAA major labels have a strong and global distribution running at any time, the indies don't as it is immensly costly.

      So where the major's still can maintain a steady income on physical objects, the Indies are seeing a major setback competition wise. I have seen several reports pointing out this problem, unfortunately none that I can find now.

      anyways, thanks for interasting post

  35. Hao about whinz by Stauken · · Score: 1

    My favorite least cool effect of filesharing is when your dumbass kids shut down your network with bittorrent because they don't know what they're doing. :) Yeah, you can fix it after the fact but it's definitely confusing when it starts the first time.

  36. Flaw in torrents by CarpetShark · · Score: 1

    most of what is downloaded is what people already know.

    This should be no surprise, since Bittorrent is designed to optimise downloads of popular stuff. More traditional P2P systems like gnutella are much more suited to rare content.

  37. Get real... by Anonymous Coward · · Score: 0

    I'm not waying in on the filesharing debate as filesharing is irrelevant. That digital goods can be distributed for approaching zero marginal cost is an economic fact. Artists can now distribute products without a traditional middleman in place, where we once had labels we now have services like foxytunes. As the digital stores improve and prices are reduced, it'll be just as convienient to purchase music as it currently is to bittorrent it.

    Old school record labels have been understandably reluctant to change and filesharing has served as a scapegoat for an outdated business model. The reality is that bands still require management, promotion and PR and they still require loans (AKA: advance payment). If you can do these things successfully, you have a business. If not... why should I care?

  38. An argument full of holes by wirelessdreamer · · Score: 4, Insightful

    Using TBP download stat's as a source that people don't want to download non mainstream artists music isn't valid. People download music from TPB because they 1. Don't have access to it in their region, or 2. don't want to pay for it, but they knew what they were looking for ahead of time.

    On the other hand with Indie music there are much better sources to distribute music in a p2p setting, such as Jamendo. It's better organized for Creative Commons music searches then TBP, hosts its own tracker, and offers direct downloads for content, in case the seeder ratio is low. Artists can classify their music based on style.

    TBP and self promotion have nothing to do with each other. Youtube, and Jamendo are about promotion, TPB is about distributing in mass quantities. Once your indie gets huge overnight and you can't keep up with the requests for downloads, then you put your torrent on TPB, and they'll get it out there for you, but until then, promote.

  39. 'snub' by Anonymous Coward · · Score: 1, Insightful

    I have never heard someone call their own actions a snub, and even if I had, this would not be one.

    What you have written is a 'rebuttal'. When you 'snub', you dismiss, insult, or frustrate the expectations of someone who has expectations of you specifically.

    Mostly I think the accepted linguistic use is that a snub is what the second party or a third party determines. It's not up to the snubber to decide if it's a snub or not.

    Can anyone point to other examples of people calling their own actions a snub, in advance?

  40. TPB is not filesharing by Shelled · · Score: 1

    Not all of it in any case, the main flaw in timothy's argument. The vast bulk of TPB appears to be search driven, download what you already know. It's no surprise the system favours established artists. Usenet, in contrast, had finely grained per niche discussion tied to downloads. I stopped buying music soon after my ISP killed the binary groups for lack of exposure to new artists.

  41. Re:That's one more reason for limit copyright term by alienw · · Score: 4, Insightful

    Probably. But I think the fundamental reason small labels and independent artists are struggling is because they are not publishing music that appeals to a broad range of consumers. The big labels are pretty good about picking out stuff that sells, and artists tend to gravitate towards larger labels. As a result, the smaller independent labels mainly get music that was not accepted by any of the big labels. This is a very narrow niche market that appeals to a very small number of people. All the statistics are saying is that the big labels are doing an extremely good job of picking and promoting music with broad appeal. Of course, that renders such music rather bland, but that's the price of having broad appeal.

    I'm not sure how pirates figure into this. If anything, piracy hurts big labels much more than small ones. Small artists typically have more devout fans that would probably be much more likely to support the artists by buying their records. They also don't have a pre-existing business model that's based on selling a small number of hits in extremely large volumes.

  42. the real label product is brainwashing, by Anonymous Coward · · Score: 0

    ... and that's what you pay for.

    It costs tens of millions to make masses "like" some music. You could have a music genius playing next door, but you don't care. You want what you are repeatedly told everyone wants. You follow the herd mentality. Masses are inherently fascistic and kitschy in their tastes, and there is a price tag attached to feeding that mentality. This is what labels do for living. They manufacture mass desires, and that costs money. Artists are relevant as much as coca leaves gatherers in latin america.

    Before the means of obtaining for free the commercial bits existed, at least those without money were spared from the participation in this musicjugend hordes. Now they also can participate, for free. The idiots even cheer this free access as some advance in civilisation and "freedom". Think of it freebie heroin. It eliminates choice.

    The original comment is correct - zero cost for obtaining copyrighted material only strengthens the grip of labels.

  43. Anonymous Coward by Anonymous Coward · · Score: 0

    How could illegal file sharing ever be good for the recording industry? It seems clear that sales are down by massive numbers and continue to fall. Most mainstream music is crap and I'll bet most of the indie music supposedly being snubbed is also crap. Good riddance! 8^D

  44. Re:That's one more reason for limit copyright term by Anonymous Coward · · Score: 0

    If we limited commercial copyright to 5-10 years, then it would hugely help new artists. By reducing the value of the back-catalogues, it would mean a strong incentive for publishers and music-labels to support new music.

    Yeah, definitely! If only Britney Spears' _OLD_ albums didn't outsell all the indie records coming out.

    Wait, what?

  45. That's a very long winded tautology by Rix · · Score: 1

    Yes, TPB top 100 lists popular music. What is popular is popular.

    Torrenting in and of itself doesn't advertise music. Me telling my buddy "hey, go download X", and him being able to download X does.

    This treats nice indy labels and evil RIAA labels completely equally, because we don't give a damn about your copyright policies. We're going to ignore your claims no matter what.

    Now, when I do decide to spend money on music, I'm not going to give it to the evil bastard suing the nice folks running trackers.

  46. your complaint in a nutshell: by circletimessquare · · Score: 1

    "it is a shame that the internet came and replaced my business model"

    the internet is nothing but a superior distribution model that, fortunately for us, unfortunately for those invested in the old school, has no financial impetus. artists can distribute directly to their fans, without any filter in between

    all music files are nowadays are nothing more than ad fliers for the artist's next show. revenue is made in ancillary streams: live shows, endorsements, etc. yes, this financial world is a lot smaller than the old one. and? why should we care there is less money involved? i am supposed to feel bad my artist will make $100,000 rather than $1,000,000? or rather, that my favorite artist's distributor makes $0 now instead of $10,000,000? besides, my favorite artist sits atop a pyramid of lesser artists who made pennies under the old model while their distributor reaped it all. and the lesser artists will actually make more under the new model, since there's no distributor to own and lord over their financial lives. the only artists who really suffer in the new model are the extremely well established artists: your metallica, your prince, your britney spears, your jay z. the highly-established artist who has muscled into the distribution model surrounding him

    let's all shed a tear for fifty cent and the beatles

    who fucking cares they will now make millions rather than billions

    all that is dying is the old school distribution and financial model. everything else is upside

    i mean it is a shame that the printing press put all those hardworking transcribing monks out of business too, but what are we supposed to do for those monks other than simply mourn their passing?

    i mourn the passing of your era. that's all i have for you

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:your complaint in a nutshell: by surpeis · · Score: 1

      Thanks for posting.

      If thats all you pulled out from my posting, i have failed epicly in bringing my point forward.

      I dont run a label anymore, mainly because I found the whole biz to be annoyingly counter-intuitive (in lack of a better word in my limited vocabulary).

      I WANT to see a new era grow forth, and my post was a concern on why this is not happening after ten years of mindless arguing from both the biz and the filesharing community (pirates, althoug i dont like the expression too much)

      BTW: Ill definitely check out your horror movie project. I love low budget horror. Check out this norwegian nazi-zombie project if u are inetrested (think the page is only in norwegian, but obviously the dialouge is not the main issue)

      http://www.dodsno.no/

  47. if it isnt a profit for the big 4 by ticktickboom · · Score: 0

    if it isnt a profit for the big 4, than its a loss. thier the ones with the guns...money. anyone who refuses to pay for their music will be shot...taken to court. sure, we could all go out and support that indi artist, only to find that the indi lable is another one that is owned by the big 4. they change names daily. the only way to not give them your money is to...not give them your money. when everyone stops buying music, and the big 4 start hurtin, then taxes will increase and t hey will get bailed out.

    they will take your money, u dont even have to give it to them. :)
    now we return to our regularly scheduled programing

  48. mp3.com? by msimm · · Score: 1

    The original mp3.com or the cnet advertisement with the random give-aways? Because Michael Robertson's mp3.com was novel, and way ahead of its time, the spam site is/was garbage.

    --
    Quack, quack.
    1. Re:mp3.com? by spd_rcr · · Score: 1

      the original mp3.com, it was way ahead of its time.

      rewind to a decade ago, before RIAA had everyone running scared, filesharing was evolving as a social network, like facebook or myspace, but primarily centered around musical tastes (not enough bandwidth for movies & tv yet). The lawsuits from the big record companies killed the 'sharing' and turned it into anonymous 'pirating'.

      While RIAA's lawsuits haven't protected their music from being stolen, they have helped protect it from drowning amongst the indie's.

      --
      - tensions in our lives that are attacking our minds, unite themselves together to make our consciousness blind - op'ivy
    2. Re:mp3.com? by Reziac · · Score: 1

      Yes. In MP3.com's original incarnation, it was quite easy to find music you liked, sample large swaths of various artists, and they even mailed out a free CD of songs from across various genres. (I still have the CD.) No DRM, no BS.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:mp3.com? by msimm · · Score: 1

      Even better, they allowed artists without the help of a label to create a presence. Even sell their own CD's (I've still got about a dozen) when you wanted higher quality copies to listen to.

      --
      Quack, quack.
    4. Re:mp3.com? by Reziac · · Score: 1

      Yeah, I remember that -- but were the CDs actually higher quality, or just MP3s converted to WAV files? Since MP3.com didn't allow upload of large files by their artists, I'd guess most were just conversions so they'd work in a cheap CD player.

      Even so, it was a good marketing tool, and you could price your CDs down as low as $5, a good starting point for an unknown artist.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:mp3.com? by msimm · · Score: 1

      Heh. Ya, I don't know (you're probably right). Still, haven't found anything as good since. MySpace is a terrible stand-in.

      --
      Quack, quack.
    6. Re:mp3.com? by Reziac · · Score: 2, Insightful

      Eeew, MySpace is just dreadful... naked FTP would be better!

      One thing MySpace has done... is make me far LESS likely to sample a new or even known artist, if that's their distribution venue. It's just not worth the eye-bleed.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    7. Re:mp3.com? by msimm · · Score: 1

      Ya, I listen to a lot of dubstep and myspace is manageable enough a lot of the artists use/promote their pages so it's become a sort of necessary evil. I'd hoped Virb or someone would have created something better, Soundcloud might be about the closest to useful I've seen, but it's still not as cool.

      --
      Quack, quack.
  49. waffles by Anonymous Coward · · Score: 0

    I love them. What-ever they are, they are yummy. Just saying.

  50. Re:That's one more reason for limit copyright term by SerpentMage · · Score: 1

    I doubt it... If you limit copyrights to 5 to 10 years you will only put more power into the hands of the major labels.

    Part of the major problem is marketing. Indie labels can't market like major labels because they do not have the power. What Indie labels hope for is that people will "discover" them out of pure chance, and it seems this is not happening. I can understand that because like the fat tail book was wrong.

    What they have found in terms of Amazon is that indeed there is a long tail, but it is much thinner.

    So by limiting copyright you as an artist need to make money quickly, and that means marketing quickly. Guess who can do that? The major labels, and not the indie labels...

    Would this mean new artists? If you mean boy bands, and girl bands who would sell their souls for a single hit? Yupe you would get more of that. If you mean bands like the Rolling Stones? Nope, not likely...

    Want to get more new music? Simple STOP BUYING THE CRAP MUSIC!!! It is really that easy...

    The market is a reflection of what our buying habits are...

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
  51. Re:That's one more reason for limit copyright term by SerpentMage · · Score: 1

    Too bad that you are anonymous because you are hitting the nail on the head...

    --

    "You can't make a race horse of a pig"
    "No," said Samuel, "but you can make very fast pig"
  52. I couldn't disagree more by Latinhypercube · · Score: 0

    Just check out myspace if you want to see a proliferation of indie labels and artists. Pirate Bay and other mainstream file sharing programs are just that MAINSTREAM. There are other file sharing tools that focus purely on obscure indie music and genre's. These programs show an entirely different view of music sharing. Almost no one share mainstream pop crap.

  53. free textbooks will not happen and here is why... by pikine · · Score: 1

    I truthfully don't care about music. What I care about is when textbooks start becoming free. It will be a revolution in education. This will be especially the case when people write things like,"The comprehensive guide to calculus as to be learned by anyone who knows how to count" The computer means it can be an advanced and interactive media session. The free distribution will mean anyone can have it in their hands.

    If it helps giving you a sense why you'd very unlikely get free and quality textbooks: I know enough calculus that I'm quite willing to teach you for free when I have nothing else to do, but writing a textbook takes an organized effort beyond what I'm willing to do for free.

    Not to say that writing a textbook about emerging fields for graduate students (or advanced undergraduate students) involves hours and hours of survey and comprehensive study of related papers. These papers only describe incremental developments of a concept, and are targeted only for researchers in the same field. The papers are, in a sense, a bush in the forest, and writing a textbook requires you to map out the entire forest by looking at a bush at a time. Then you need to figure out how to organize it in a way so the material is accessible to first-time readers of that subject.

    --
    I once had a signature.
  54. One variable that hasn't been accounted for by Hojima · · Score: 2, Insightful

    what about the ability of major record labels to recruit "indie" music? No matter how you look at it, it's damn tempting to give a good share of the money they promise you'll get in exchange for the publicity that you'll receive. Sure some might just love music and realize that their talent might get them to that point eventually, but we all know too well that most are impatient and see this as an instant "big ticket". The only way to truly get rid of these companies is to have some way for the artists to be massively publicized routinely for nothing (or something close). But we all know that greed will make this extremely difficult.

    1. Re:One variable that hasn't been accounted for by KDR_11k · · Score: 1

      Not just greed, sheer nuzmbers. When you've got hundreds of thousands of people who want attention there's simply not enough attention available to make them all successful and if there's nothing that makes a few stand out from the crowd (at first glance, not just after you download and listen to them) people might get frustrated by the sheer volume of garbage and run away completely (cf Atari 2600).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    2. Re:One variable that hasn't been accounted for by commodore64_love · · Score: 2, Interesting

      Well I disagree with basically everything ye have said, and what the original editor has said. Back before 2000, music developed amnesia. People would listen to whatever was on the radio, which was typically skewed towards today's new releases and anything "pre=today" would be quickly forgotten. But now I notice with file-sharing that people are doing more exploring, such as downloading the "Billboard Top 100, 1950-2008" and similar files from piratebay to explore past genres. Once obscure artists are becoming discovered again.

      I've read numerous articles from singers and novelists that their old unpublished works are becoming "discovered" again, due to file-sharing, and after years of neglect they are starting to receive royalty checks thanks to boosted sales.

      So yes file-sharing has made an impact. It helps widen our view beyond just Top 40 or Today's Alternative radio.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:One variable that hasn't been accounted for by Anonymous Coward · · Score: 0

      The Article is wrong. In reality things will go even further. What allot of people on here are completely missing is that everything is changing. The writer of the article has made a terrible error. By confusing the idea of piracy with the idea of access to distribution. The record labels are not going to be able to overcome that many artists have already showed that you can make money without them and their model (aka Celldweller) and as more artists see that, and that they can now create and distribute whatever they want. They simply will not go through the hassle of dealing with labels period- indie or major. Both are obsolete. This is a long legacy. What the next level of evolution will be is to find a way to market and sell the artist completely outside of the old model (hint it's already being done successfully- thing about the gaming industry). As if artists like Nine Inch Nail and Prince are really hurt by not getting royality money they would never see anyway.

    4. Re:One variable that hasn't been accounted for by Anonymous Coward · · Score: 0

      I can confirm this. My music tastes and purchases have greatly shifted and broadened because of my ability to shop around. My music tastes do not tend to favor indie artists however. That's not a failing of file sharing, I just usually don't find the music all that good. Note that while I was in college, I was dirt poor like most and I never bought music. Now that I'm out, and actually have money, I have bought quite a few albums of the genres and artists that I started to become addicted to through file sharing.

    5. Re:One variable that hasn't been accounted for by orclevegam · · Score: 1

      The key is in more fully understanding the space that music exists in. Someone needs to do for music search what google did for web searching. If you look at a site like Pandora, a lot of people miss the real service provided by them, which is not first and foremost a way to stream music. If all Pandora did was stream music they'd have nothing to distinguish them from any other internet radio station. The service Pandora provides is a very advanced and in-depth analysis of the contents, themes, and styles of music combined with an advanced heuristic to attempt to find similar but not identical content. Ultimately what it provides is a form of music search, but not for a song or artist, but rather for a style or mood of music. You tell them, I really like "x by y" what else is out there that I might like as well, and from that starting point you then refine down exactly what it is your searching for. When you consider the future of music, in which anyone with a little bit of talent, some basic music gear, and a PC (used generically here, a Mac is in fact a PC as well) will be able to publish and distribute their own work, the only way to find something you might like in the sea of music will be services like Pandora that go beyond the traditional simple bins used in the past (metal, rap, country, etc.), to a more in-depth deeper understanding of musical style and content.

      Personally I think the days of the media fed music super-stars are numbered. Oh, we'll get the odd star from time to time, but it's going to be a natural organic thing (think star wars kid), not something designed and engineered by a billion dollar ad and promotional organization. I think we'll see a lot more flash-in-the-pan type songs, and even more regular bands people will follow and look forward to new content from, but the days of success being defined as at least hundreds of thousands of sales are numbered. Rather, a successful band will be one that manages to consistently sell a thousand copies of a song, who becomes well known enough that when they release a new song they start to accrue sales within the first 24 hours, because someone actually cared enough about them to be waiting for that release.

      --
      Curiosity was framed, Ignorance killed the cat.
  55. Free communication in networks does this by Geof · · Score: 4, Insightful

    The phenomenon described in the article saddens me, but it is supported by theory. I have worried about this based on my limited reading about network theory. The popularity of a cultural work is largely a result not of any inherent qualities of the work itself, but of of the activities of the audience. If I like a piece of music, I am likely to tell my friends. They tell their friends, and so on and so on. (This is preferential attachment in a scale-free network.) So you end up with a small number of hits and a large number of also-rans. This is a power law distribution with its long tail. It explains why success in hit-driven fields is so unpredictable: much of the value doesn't come from the original work. The thing is, the easier it is for the audience to communicate among themselves (whether to talk about the work, or to actually distribute it), the larger the effect can be. When distribution and communication become easier, this enables the further concentration of attention on the hits. That seems to be the phenomenon described here. Someone else perhaps can comment on reasons this might not happen. I certainly find I read more widely as a result of blogs and the Internet, so it's not necessarily all bad. Another consequence of this argument is that copyright is unjust. Popularity is not just an arbitrary metric. It actually reflects real value being created. As people listen to a piece of music, for example, they increase its cultural significance. They associate it with events in their lives. They attach meaning to it. They reinterpret it. When a creative work becomes a hit it is transformed, acquiring significance and meaning and value it didn't have before. Think of the tune to the American national anthem for example: it was once just a drinking song. Here in Canada we can see this clearly with the old theme to Hockey Night in Canada. Over the years people came to see it as the soundtrack to their lives. Well, copyright reserves the profits from and control over a hit for its authors. Nix that: typically it reserves them for a few big media companies. Regardless though, the audience who created so much of that value - indeed in many cases the vast majority of that value - are locked out. The rightsholders free-ride on the effort of others, while those others are not permitted to transmit the meanings and value they gave to the work. From that perspective, one approach might be to open up those hits to reinterpretation by others (i.e. derivative works). Then instead of being locked out by the structure of the network, indie artists can be part of it (and leverage it for their own works). And in fact we are seeing a lot of this with remixes - creativity that copyright places outside the law.

    1. Re:Free communication in networks does this by turbidostato · · Score: 1

      "The phenomenon described in the article saddens me, but it is supported by theory. I have worried about this based on my limited reading about network theory. The popularity of a cultural work is largely a result not of any inherent qualities of the work itself, but of of the activities of the audience. If I like a piece of music, I am likely to tell my friends. They tell their friends, and so on and so on."

      Quite a good argument, but also incomplete (both on you and on the opening news).

      Truly, network effect can and probably will make hits to be even more "hitting", so to say. But the deeper substance is the almost trivial fact that p2p is neither more nor less than a distribution channel. But a distribution channel with an important quality: it almost brings distribution costs to zero and it does it on a very neutral manner: it brings almost to zero distribution costs to Britney Spears as it does to an indy artist... in India, and both can take the same advantage out of it.

      But then, the popstar can take the marketing machine of the record industry to her benefit which the indie can not. So, overall, we come from a situation of 1-0 to a 2-1, which is overall better for the indie.

      It really doesn't matter that CBS, if it finds a way to "tame" p2p will be able to go from selling one bazillion copies to two bazillions but that some interesting group from Nowhereinstan will be able to go from being heard by zero people to ten millions, so good for them.

      And in the end this is a positive outcome, but what if the really bad outcome profetized by the RIAA et al. becomes true and nobody pays a penny for new music? Well, I don't see *any* real damaged done -except for those already making bazillions with the current 'statu quo', of course. And I don't really feel pain if some pop star must downgrade his Gulfstream IV to a Gulfstream III... hell, I don't feel pain even if he has to resort to only what can make with live performances and that only gives as much money as the average US worker.

      Record companies killed old-school artists that made 40~60 minutes concerts in favour of almost "use-n-trash" 2 minutes pop hits and nobody seems to miss all those lost Mozarts, Beethovens, etc. less I'll miss future lost Britney Spears of tomorrow.

      Now, I'll return to this Vivaldi's Concerto per Archi e Cembalo C major RV 116 I'm listening to.

    2. Re:Free communication in networks does this by snaz555 · · Score: 1

      The popularity of a cultural work is largely a result not of any inherent qualities of the work itself, but of of the activities of the audience. ... This is a power law distribution with its long tail.

      This applies to all aspects of human culture, not just music taste. This is why totalitarian thought control works: if you consistently eliminate or suppress the impopular 1-2% outliers on the curve the curve will narrow. But it retains it shape, so there is always an impopular fringe the vast majority might only miss "in principle". Principle being the classic liberal freedoms: of expression, equality before the law, absence of tyranny, and such abstract concepts. At least until integrity and principle itself is suppressed.

      The record labels and the entertainment industry accomplish exactly the same result - whether wittingly or by coincidence. They target the tastes near the center of the curve and won't touch the outliers. Hence they produce a cultural narrowing; not many people would say they miss the outliers "because no one they know likes that crap anyway", other than perhaps in principle. The principle being that cultural plurality is inherently beneficial. The entertainment industry is good at producing choice, but with few alternatives. It's the same reason a walk down the supermarket bread isle reveals 30 kinds of breads, none with rye listed as a first ingredient, and only one or two without syrup, honey, or milk solids. Plurality of choice in the absence of alternative.

  56. My own biased comment by Anonymous Coward · · Score: 0

    I'm an unknown artist who publishes some of his work under the CC-BY-SA license, so if you're feeling generous I guess you could count me as one of these indie people (not on the music industry though).

    Every time the *IAAs make a huge dick move, specially one somewhat successful (don't see too many of those, BTW), I privately cheer for them, as I think the more they alienate their customers, the more they will turn towards indie, free, non-restrictive, non-DRM ladden stuff. Their "wins" are actually their loss - and their losses are my wins, so to speak.

    If the *IAAs and their ilk got absolute, sweeping legal victories, and every piracy outlet in the world were to shut down (unlikely as that notion might be), then I have no doubt a large part of the population would finally snub the major labels, turn to indies, and hopefully discover the jewels they hadn't even looked at before.

    I don't know whether it's alright to blame piracy for this, though. It's just what the current situation is, no more and no less.

    For what is worth, I have heard a similar argument coming from the Linux community (i.e. "if people couldn't pirate Windows, many more of them would use Linux instead"). And I have personally seen this happen plenty of times (people buying Linux PCs, then turning around and installing a pirated Windows copy). Perhaps it's not so different from what the OP says?

  57. Change does not happen overnight... by QuietLagoon · · Score: 1

    ... especially when an entrenched monopoly (RIAA) is involved. The RIAA has the power (both economic and political) to make it very difficult for alternatives to the RIAA to gain a significant foothold. That is not to say that the RIAA will never be overthrown, it will just take time. The major labels need to see a more profitable alternative to the RIAA, but that will not happen unless/until more internet-savvy executives populate the upper ranks of the record labels.

  58. Matt Mason have extensive knowledge of this topic! by Anonymous Coward · · Score: 0

    He is a former pirate radio DJ, magazine editor and entrepreneur and have written the book "The Pirate's Dilemma". Excellent book which you can get for free att his webpage.

    http://thepiratesdilemma.com/

    review: http://arstechnica.com/old/content/2008/05/book-review-2008-05.ars

    Also check out the talk by him:
    http://video.google.com/videoplay?docid=-6483543718966313073

  59. Flawed premise and flawed conclusion as well by kripkenstein · · Score: 5, Insightful

    Agreed. The author seems to be implying that he was promised P2P would solve all his marketing needs. As a distribution system there is only one thing it reliably does: distribution.

    True, but I think there's more to it than that.

    Yes, P2P doesn't solve marketing needs. But it also does something else: drive distribution costs to 0. This is the critical issue: Right now, while the big labels are still fat off of profits from non-P2P, they use those profits to market, and they conquer all markets that way - non-P2P and otherwise.

    But once P2P is the main game, and it's just a matter of time, then the situation will be radically different. The big labels and the big artists won't have those non-P2P sources of cash, so they won't be able to flood the planet with their marketing. This will be a huge boon for indie artists.

    So, the original argument is valid right now. But not in the long run.

    1. Re:Flawed premise and flawed conclusion as well by surpeis · · Score: 1

      Thanks for posting

      I hope you are right, and i share your faith in P2P as a distribution channel. This alone should cut costs with about 25%, money that either could be used to sell music cheaper, or even pay the filesharers for taking the time trouble and bandwith of distributing the music.

      These are interesting thoughts, but while I had hope that someone would say "hey you moron there is a large project going on right now that does excactly what you ask for" it seems that neither the music biz or the filesharing community has any plans of putting such things into action...

      But im still hoping, maybe I will start a project myself one day that aims to do some of this, I have some ideas but lack the dough and the time right now. Slashdot definitely has the people with the skills and the potential to mobilize a large movement towards the one that breaks the code on how it should be done...

    2. Re:Flawed premise and flawed conclusion as well by SetupWeasel · · Score: 2, Insightful

      Without demand there is no need to distribute. That is the big problem. Corporations control the media and thus control what we hear in the background of our lives. You will never hear true indie music as you walk into a Subway or a Starbucks despite their "indie" label featuring such unknowns as Paul McCartney. Indie music must be searched for, and when you do try to look for it, you learn that much of it is crap.

      That is not to say that most major label music isn't crap. It is. But the key is that you don't have to make any effort to sift through the major label music, because you hear it all the time. The effort it takes to find not just good indie music but indie music you like enough to buy is a huge barrier. It can take many hours of time dedicated to the search to find just one band you want to support. It is great if you do it once, but how many people have the time or the passion to bang their head against the glut of content continuously.

      Sure there have been attempts to resolve this, but even sites with reviews and previews only eliminate the obviously poor bands and only shrinks the massive barrier a bit.

      Add that to the fact that the labels have the money to sweep up any marketable talent they can find, and the fate of the great indie boom is as still-born as it was before the invention of the internet.

      I'm a comedian, and I face many of the same problems. You could call me an indie or underground comedian, but in my experience those labels are often shorthand for "not ready for prime-time." This is not always the case (though, sadly, it is for me... for now), but there is an ocean of competent comedians and indie musicians, and only a select few that have or find that spark, that x factor, that forces you to listen. While it is extremely rewarding to find them, the effort it takes wading through the ocean to find them cannot be ignored.

    3. Re:Flawed premise and flawed conclusion as well by tsm_sf · · Score: 1

      www.kexp.org

      --
      Literalism isn't a form of humor, it's you being irritating.
  60. I don't think life has taught this guy enough yet by religious+freak · · Score: 1

    Corporate music almost always sounds good (in the genre of your preference), indie music almost always sounds mediocre or poor. That's the simple truth of the matter.

    Even a band who managed to stay independent and relatively popular for a while (example: Rage Against the Machine), eventually ends up going corporate - and why wouldn't they? There's more in it for them, even if they become a major part of "the machine"

    If independents want to really compete with the big boys, they need to market *creatively* and be innovative, and use some business sense - lots of independents lack this last component. You'll never beat the big guys if you play their same marketing game, even with them being beat up as much as they are, they'll still outspend you 100 to 1.

    I think the market is RIPE for an upstart independent to eat the lunch of the big guys. They don't know what the hell they're doing. They're completely lost! If an independent could put together some kind of workable micro-royalty system where consumers could conveniently and easily download a song for, say 5 cents, I think even the completely broke college students would come over to the micro-royalty system, because it's more convenient and worth the small amount of money.

    The market is in complete disarray. When this level of creative destruction occurs, a new competitor almost always takes the market by the balls. The future dominant force isn't going to be the person who complains about how the labels still have the advantage in the old world, it'll be the person that has the business discipline and knowledge to create a new world.

    --
    If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
  61. It Doesn't Matter. by xtrafe · · Score: 1

    Whether or not filesharing hurts or helps unsigned artists or indie labels does not change the following fundamental point:

    _The Legal System Does Not Exist To Make Your Broken Business Model Work_

    This is equally true for small and large record labels. If you run a business, it is your responsibility alone to make people *want* to give you money. If you were really using your head, you'd be advertising on TPB by now.

  62. even for top 100,000... by pikine · · Score: 1

    That was a very poor argument. You're basing your argument on the top 100 torrents, this is like an inverse of the "long tail" argument. But that's the only data you have, since you can't look at the top 100,000 torrents.

    Even if you look at the top 100,000 torrents, you'd still find that most of it is going to be releases from commercial artists. Not that there are 100,000 artists, but most torrents share one album at a time (each artist has multiple album releases), and there are lots of dups.

    A more realistic measure is the seeder and leecher count. Most of the commercial artists have thousands of seeders and leechers at any given time. Some of the less popular stuff I tried to download have 0 seeder and 1 leecher; that leecher was me. This should give you an idea of the unfairness of the distribution.

    --
    I once had a signature.
    1. Re:even for top 100,000... by sakusha · · Score: 1

      Yes, the "Top 100k torrents" is just another data point. Maybe it would be preferable to look at the top 100k through 200k torrents, sliding down a little further on the "long tail" (oh how I hate that whole long tail BS). Or maybe it might be preferable to look at the "bottom seeded torrents," like the torrents with only one seeder and no leechers. In this case, P2P nets are acting like a web server, with a single source, it's not distributed at all, it's point to point, kind of what P2P was intended to work around. This reminds me of the "good old days" of Napster, when you could find almost anything, no matter how obscure, if there was a single point on the Napster net anywhere with that one file.

      Anyway, demand for mainstream product is always going to be high, no matter what the medium. But it is pretty clear that the internet has opened up many niches, and obscure niches are thriving. I don't think you can "prove" it in any mathematically rigorous way (as this article lamely attempted). But you can always cite "Rule 34," it seems obvious to anyone who has used the net more than casually.

    2. Re:even for top 100,000... by Anonymous Coward · · Score: 0

      Even if you look at the top 100,000 torrents, you'd still find that most of it is going to be releases from commercial artists. Not that there are 100,000 artists, but most torrents share one album at a time (each artist has multiple album releases), and there are lots of dups.

      Yes, until you run out of commercial music releases, no matter how big you make that number, commercial music releases in general will virtually always be more popular than indie, and will dominate that selected number of torrents.

      But this ignores what GP mentioned, the "long tail" and the implied "bell curve" distribution. Specifically, the bell curve of popular torrents will very likely match the bell curve of popular music, with the most popular music in the middle of the curve (greatest magnitude) and the indie stuff in the long tail (smallest magnitude).

      What should be compared is the magnitude of exposure of artists in the long tail of the torrent relative to the magnitude of exposure through other avenues, not whether a specific artist is in the middle of the bell curve. For example, even though only 0.02% of the population downloaded Really Indie Band's 3rd album, only 0.01% of the population had heard of it before. Wow, looks like they just doubled their exposure, while remaining in the same position of the bell curve. Perhaps this means they won't become #1 through TPB, but their exposure to more fans may increase many times over.

      Unfortunately, because the premise of the summary ignores the blatantly obviousness basic statistics any nerd should know by heart, it is far less insightful than many of the comments likely will be.

  63. Free music vs pirated music by pcjunky · · Score: 3, Insightful

    What TPB and other sites like it do is insure that all music is free. Many indie artists would gladly give their music away to get discovered. Major labels and artists would never do this. No matter due to TPB and others all music is free. So without these sites indie artists might have an easer time getting attention.

    This is what has kept windows on top for so long. Virtually everyone gets it for free. Either it comes on the computer when they buy it or they have a friend loan them a CD. Very few people buy windows.

    Why bother with free things like Linux when what everyone is using is free?

    1. Re:Free music vs pirated music by surpeis · · Score: 1

      Thanks for posting.

      this pretty much sums up my concern in a good way. I'd like to see the pirates give this a little more thought, so that the good free music actually WILL be given a vivid marketing place...

  64. Big label by Anonymous Coward · · Score: 0

    When music is free (filesharing) you don't have to worry about costs. Most everyone will download big label releases of any interest because they're free--but they will also download indy releases. In the aggregate more people are downloading the same big label releases, true. But that doesn't means more people don't end up listening to the indy stuff. It is giving indy music a placing... it's not making indy music takeover and kill off big labels.

  65. Buy small artists, pirate big ones... by Mishotaki · · Score: 3, Insightful

    When someone knows he's downloading a Madonna album, he knows he's taking a couple bucks out of a multi-millionnaire...

    When someone downloads and learns about a fairly unknown group and he likes what he hears, he know that if he buys a CD from that group, the group won't see his money as useless change while they ligth their cigars with 100$ bills... the smaller groups needs the money and people know that... people commit much more into buying indie albums than buying the latest Celine Dion because they know that if they can make the album more known, the group will want to release more and bigger is usually "better" for the fans

  66. Re:That's one more reason for limit copyright term by Runaway1956 · · Score: 1

    Yes, this. The biggest problem with copyright today is NOT the fascist attempts to enforce valid copyrights. No, the single biggest problem, is the corruption of copyright law. If a song hasn't earned enough money after ten years, that's tough. It's just a damned song. After ten years of collecting royalties, it should be released into the public domain. Books, I can see copyrights of 25 years or so.

    But, I don't expect to see this happening. Instead, the corporations are going to buy off enough politicians that copyrights remain in effect for_freaking_EVER!!

    Eventually, (maybe 20 years, maybe 50) there will be one monopolistic corporation. AllYourTunesBelongToUs

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  67. Popular Music Makes Popular Torrents by Techmeology · · Score: 1

    In theory, popular music should make popular torrents, not the other way around (the egg came before the chicken, people). The reason independent artists aren't as popular is to do with level of awareness. It is far easier to find out about labeled brands than independent ones. Perhaps someone knows of a good list of such artists, or could make one? (Wikiart, anyone???)

    --
    Excuse for why is your room always messy?
    1. Re:Popular Music Makes Popular Torrents by surpeis · · Score: 1

      Thanks for posting

      Sounds like a very good idea, and i'd really like to see that list myself.

  68. Other kinds of free downloads work by Lonewolf666 · · Score: 1

    Baen Books, for instance, reports a rise in the sales of older titles after making those available for download (in this case legally).

    As others have posted before me, The Pirate Bay is a terrible place to promote stuff because you disappear in the mass.

    Myspace is probably better for music, but what you really want is a website that is known for offering similar music for download. That will give you the best chance that potential customers who like the genre listen in.
    The Baen Free Library (http://www.baen.com/library/) is a good place for checking out Science Fiction authors, and I buy most of my entertainment books from Baen these days.
    If you can find a similar place to promote your style of music, I'm sure it will get you more attention than TPB.

    --
    C - the footgun of programming languages
  69. Music is striving by AlCapwn · · Score: 1

    Music has never been better. Filesharing has been going on in the last 10 years and music has gone a long way in the last 10 years. Filesharing is only hindering the money which big record companies are making, and as for my artists I prefer them starving. Point is, if we take money out of the art equation, then we'll get less artists doing it for the money and more artists doing it because they are passionate about their art and would do it for free anyways. This is just an issue of an existing market trying to survive. If we had invented the internet and filesharing before CD's, the market would have never existed and we would not even be talking about this right now. It's akin to china's use of coal as energy, it's dumber from every angle but people still do it because people have their lives invested in it. I say fuck them.

    1. Re:Music is striving by surpeis · · Score: 1

      Hey, and thanks for your post

      I beg to differ when it comes to the quality of the music, especially in the mainstream market. In my opinion it has not been less diverse and less interesting since the 70's, when the "listener burnout" due to mindless relases of terrible Disco led the major biz to claiming that "home taping is killing music". Laters it turned out that mass commercialisation (obviously) leads to a less faithful (in lack of a better word) audience.

      Im not concerned about the excisting market one bit. Im concerned by the lack of good alternatives growing forth after 10-or-so years of mindless argueing between the "fronts". This is what I want to see happen, but it might take a higher level of conciousness from the sharers to advocate this change, thus my humble post in here...

  70. What I think eh? by leavinit · · Score: 1

    Maybe the indies and the private trackers would be able to to do some serious crowdsourcing/microfinancing business if the big guys would leave each other alone. If the authors premise that TPB and the RIAA are reinforcing each other is true, this would be a good path. It seems however that the obvious trend is that filesharing is a permanent fixture of the new distribution model and that whichever side figures out the best way to monetize everything else while leaving the actual songs completely free will be the victors. Whether the pirates are involved is a superflous concern. They just happen to have a better grip on the technology at the moment. In the end, its about efficiency. In a time of recession this is even more pronounced. Torrents or something similar will always provide a cheap way to distribute information. Just build an economy around it :)

    1. Re:What I think eh? by surpeis · · Score: 1

      THanks for posting

      I find your points _very_ interesting, although my english skills is not serving me well here ;-)

      My concern is that a system build around this tech would actually provide an even more commercial and undiverse music scene. Im not saying it WILL happen, Im just saying we need to keep our eyes on what change we actually advocate...

  71. Re:That's one more reason for limit copyright term by Anonymous Coward · · Score: 0

    By reducing the value of the back-catalogues, it would mean a strong incentive for publishers and music-labels to support new music.

    I refute that claim thusly:
    New Kids on the Block
    Backstreet Boys
    'N Sync
    (etc.)

    All you'll get by limiting the commercial music copyright to 5-10 years is the same old thing repackaged and resold under a different name. The faces may change, but there won't be anything "new" about them.

  72. The Pirate Bay supports independent artists. by Anonymous Coward · · Score: 0

    The Pirate Bay have several times changed their doodle to promote independent artist. Some of these are Lamont, Max Peezay, Timbuktu and Organismen (Organism 12). This has been done in collaboration with the artists. Here is one example: http://torrentfreak.com/the-pirate-bay-sponsors-rock-band-071103/

  73. Also, Music != Business by ODBOL · · Score: 2, Interesting

    Thank you xtrafe for reminding us of this crucial point.

    Let us also remember that Music is not at all the same thing as The "Music" Business. I have read a bit of history, and it seems that there was music, nay MUSIC, before there was copyright law, and long before there were copyright brokers.

    I am having the musical time of my life listening to Canon Rock on YouTube, to the entire line of Magnatune CC-licensed music (http://www.magnatune.com/), for which I paid a flat fee to download past, present, and future selections, local live concerts, all sorts of things on Internet Archive, some Nine Inch Nails, and nothing touched by RIAA.

    Oh, and singing.

    "Living in the heart of music,"

    --
    Mike O'Donnell http://people.cs.uchicago.edu/~odonnell/
    1. Re:Also, Music != Business by techhead79 · · Score: 1

      Correct me if I'm wrong but from what little searching I just did copyright law in the US at least was created in 1790. What methods did they have before that date that allowed the almost flawless recreation of works?

    2. Re:Also, Music != Business by ODBOL · · Score: 1

      "What methods did they have before that date that allowed the almost flawless recreation of works?"

      The more I ponder this phrase, the more I am puzzled how it is supposed to bear on the hypothesis that there was music before copyright or RIAA. I am pretty sure that this refers to some particular level of audio frequency waveform recording technology. I'm not sure whether it kicks in with the earliest paper recording, wax cylinders, platters, or 16-bit samples taken at 44.1 KHz.

      I'm pretty sure that it rules out written musical scores, although I challenge techhead to point out the serious flaws in any of the scores that we still have from J.S. Bach, W.A. Mozart, L. van Beethoven. Player piano rolls?

      No matter, none of these recording methods is required in order to have music, not even the written scores.

      Please, someone stop me before I start quibbling about the word, "recreation," to say nothing of "works"!

      --
      Mike O'Donnell http://people.cs.uchicago.edu/~odonnell/
  74. Argh. This time with paragraphing by Geof · · Score: 2, Interesting

    Sorry. Bouncy three year-old on my arm when I clicked "Submit".

    The phenomenon described in the article saddens me, but it is supported by theory. I have worried about this based on my limited reading about network theory. The popularity of a cultural work is largely a result not of any inherent qualities of the work itself, but of of the activities of the audience. If I like a piece of music, I am likely to tell my friends. They tell their friends, and so on and so on. (This is preferential attachment in a scale-free network.) So you end up with a small number of hits and a large number of also-rans. This is a power law distribution with its long tail. It explains why success in hit-driven fields is so unpredictable: much of the value doesn't come from the original work.

    The thing is, the easier it is for the audience to communicate among themselves (whether to talk about the work, or to actually distribute it), the larger the effect can be. When distribution and communication become easier, this enables the further concentration of attention on the hits. That seems to be the phenomenon described here. Someone else perhaps can comment on reasons this might not happen. I certainly find I read more widely as a result of blogs and the Internet, so it's not necessarily all bad.

    Another consequence of this argument is that copyright is unjust. Popularity is not just an arbitrary metric. It actually reflects real value being created. As people listen to a piece of music, for example, they increase its cultural significance. They associate it with events in their lives. They attach meaning to it. They reinterpret it. When a creative work becomes a hit it is transformed, acquiring significance and meaning and value it didn't have before. Think of the tune to the American national anthem for example: it was once just a drinking song. Here in Canada we can see this clearly with the old theme to Hockey Night in Canada. Over the years people came to see it as the soundtrack to their lives.

    Well, copyright reserves the profits from and control over a hit for its authors. Nix that: typically it reserves them for a few big media companies. Regardless though, the audience who created so much of that value - indeed in many cases the vast majority of that value - are locked out. The rightsholders free-ride on the effort of others, while those others are not permitted to transmit the meanings and value they gave to the work. From that perspective, one approach might be to open up those hits to reinterpretation by others (i.e. derivative works). Then instead of being locked out by the structure of the network, indie artists can be part of it (and leverage it for their own works). And in fact we are seeing a lot of this with remixes - creativity that copyright places outside the law.

  75. Re:That's one more reason for limit copyright term by Anonymous Coward · · Score: 0

    >

    I see some other implications, f.i. it also would affect the possible "lifespan" income of artists significantly

    Okay, I've seen you post "f.i." twice now, and since it doesn't seem to exist anywhere as an abbreviation except by you, I will presume to ask you what it means.

    I can think of 3 abbreviations you're likely trying to use: FYI (for your information), i.e. (in other words - Latin), e.g. (for example - Latin).

  76. Airplay by billsf · · Score: 1

    To almost any musical act: "Airplay" is everything! File sharing may not be the most efficient way, but it does accomplish what all entertainment wants: "Airplay". Also remember the basic right: 'Try before you buy'. The article is bullshit; no way in hell can anyone expect payment for all times a song (or movie) is played. Within the people I know, the vast majority of downloads are discarded. It would be unacceptable to pay for everything. There is no better way to discover new talent. If the mass media radio won't play it, you must take it and see/hear it for yourself.

    Its like free software. Mostly you either toss it, but if its a good idea, you expand on it. Somehow I can't see the difference: Market sets the price. Stamping on price tags is just a delusion from those that think they are worth far more than the market provides. ANY COST is set by the market, not the producer.

    BillSF

         

    1. Re:Airplay by Anonymous Coward · · Score: 0

      ANY COST is set by the market, not the producer.

      BillSF

         

      you must mean ANY PRICE since the cost of something is known quantity

  77. In short by bytesex · · Score: 1

    What he's saying is that, even among pirated songs, Britney Spears (or some such) still tops the list. That argument is invalidated for two reasons:
    1) It doesn't take into account the changes that would *have* to happen once we do away with copyrights, broadly speaking. Because we do not have such a world right now. We. Simply. Cannot. Know.
    2) It doesn't take into account that 100% prosecution of sharing implies 100% loss of freedom to share legitimate stuff.

    --
    Religion is what happens when nature strikes and groupthink goes wrong.
    1. Re:In short by surpeis · · Score: 1

      Thanks for posting.

      Thats not what i MEANT to say, but if I dont get my point forth I guess its my own fault.

      Im merely saying that if I were controlling the major labels, I would be pretty damned content with how things are developing. A recent poll/report in norway pointed out that more than 85% of the population still wants the copyright law as it is today. In other words we are still a long way from Nirvana...

      Apart from that, a very important point is that copyright is not MANDATORY, and claiming pay for copyrighted material isn't either. Anyone has the free choice to release and distribute their music freely. But the internet community still has not been able to do it desirable for artists. It should be a concern for those awaiting the "new era" that after 10 years of merry filesharing most all artists wouls sign a record deal as soon as it is placed on the table in front of them...

      So how do we bring forth change? By simply continuing to share Britney Schmears and Schmo-Rida at an ever growing pace? I dont think so...

  78. How people seek out their entertainment by Chousuke · · Score: 0

    People have always sought out new, interesting things based on stimuli from their surroundings.
    I think the ubiquity of the Internet has merely caused a decline in the importance of advertising. In the past, it was perhaps more important, but the Internet has made people more interconnected than ever before. It's easier to seek out like-minded people and find out their interests.

    To put it simply, I believe the input of your "friends" is the dominant stimulus nowadays. This naturally encourages file sharing. The word of a friend alone may not be enough to cause you to spend money on something, but the threshold to download is much lower.

    This kind of behaviour has the potential to expose you to a much greater amount of entertainment, as it's not limited by what the labels choose to advertise. Of course, it won't always lead to a sale, and many people will become freeloaders, but that is unavoidable.

    I believe the only way to combat illegal downloading as a source of entertainment is to provide a legal solution that is both as easy to use as your favourite torrent tracker *and* price it so that the majority of people pay it for the sheer desire to be a law-abiding citizen.

    As a personal anecdote, most of my books, games and DVDs I bought exactly because I had access to the material on the Internet. This includes many imports that would never be locally advertised.
    The only exceptions are my PS3 games (minus a few shared PSN games). Even those I bought either after trying them myself or because I couldn't stand my friends going on about how awesome they were.

  79. The marketing mechanism is big and hard to beat by erroneus · · Score: 1

    Even the uninitiated can see how the model works. An artist, by some miracle (or act of politics), is recognized as having money making potential and the industry fires up its marketing machine. The machine not only puts the actual product together, but they also arrange for play on radio, on TV and even in movies. Now the public sees them and are told they like them. The public obediently agrees and gets in line to buy their published goods.

    The machine is the same but sometimes the stars become too big and eventually independent. The industry can't have this so they no longer promote the TRULY amazing artists... they instead recruit mediocre talent that has no spirit and so can be controlled, cloned or killed at the industry's whim. Is it any wonder why 40 year old music isn't being called "oldies" yet and that my teenage sons are listening to the music *I* listened to as a teen??? Truly good stuff isn't being pushed by the big machine, that's why.

    I am sure some people will beg to differ with me and go ahead. But I think in the coming ten to fifteen years we will ask the same questions more often and especially why almost nothing of the 80's survived and are still playing with the same money-making popularity of the likes of James Taylor. (That guy is OLD and still makes millions for each appearance.) So differ with me, but you need to cite examples of people who have at least survived 25 years and are STILL popular today.

    The people are addicted to the machine because the machine offers it all up in a brain-dead fashion. Meanwhile, indies can't access the machine... why? Is it because the same companies that market their artists ALSO have ties to the oligarchy that is the radio and TV market? No... can't be... the justice department would be all over that. Is it because of various payola schemes that are still in action today? No... they would never do that... the justice department would have been all over that too. Can it be that the big marketers are capable of spending the kind of money that keeps the cost of entry so high that indies can't afford to participate? That's an argument I could get behind. (And yes, it is sarcasm that I said "no" to the first two because the justice department HAS been involved in investigations of big radio/tv and big publishers... and still are)

  80. ZOMG! by Anonymous Coward · · Score: 0

    ZOMG! No traded my crappy bands on the pirate bay!! File sharing sucks!

  81. Logical flaw of the article by MMC+Monster · · Score: 1

    The flaw of the article is that the recording industry is not capable of change.

    If it turns out that they suddenly only have 95 of the top 100, they will make it their best effort to sign the 5 that they missed and make a new label to court others like them.

    Sort of like how Sundance Film Festival used to be all about the indies... until they started getting recognized...

    --
    Help! I'm a slashdot refugee.
    1. Re:Logical flaw of the article by surpeis · · Score: 1

      Thanks for posting

      I endorse your comment, and this is what concerns me. What I want to see in my perfect world is the filesharers being able to kick the major biz in the nuts buy ripping out the good free music in a way that KEEPS it free.

      Someone in here mentioned non-mandatory micro-royalties. I find that idea very intersting. Another thought i have been plying with, is giving the filesharers the role and the INCOME of the traditional distributor. But It would take laot of time to present, so i'll live it be...

  82. Sorry to say this but... by Anonymous Coward · · Score: 0

    maybe it's just your music that sucked.

    I've been a fan of japanese indie bands and doujin artist. Since it's virtually impossible for people outside japan to get their tracks, internet (read: CD-RIPS) is the only option.

    Remember this thing: if you want your music to be listened, make a(some) good one(s). Users will eventually take a note of them and keep looking back for more.

    And a sure-way to note your success is when users start to upload your works to P2P, not you.

  83. Don't Need TPB for Freely Shared Music by Nom+du+Keyboard · · Score: 1

    The reason you don't (or shouldn't expect to) see freely shared music in TPB's Top 100 is that you don't need TPB to find and acquire freely shared music. It has other legitimate sources which aren't in danger of being shut down through legal action - although Big Music would certainly shut them down if they could.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  84. Re:I don't think life has taught this guy enough y by surpeis · · Score: 1

    Thanks for posting

    I humbly disagree (totally...hehe) to your analysis of the quality of major biz music compared to indie music. As I read your arguments you basically want to keep the commercial music scene strong and healthy.

    The micro-royalty idea is an idea I have seen brought forward many times the latter years, and I think it is a very interesting thought. Do you or anyone else here know if there are any initiative going on that is worth readin up on?

  85. Marketing failure by GNT · · Score: 1

    The article simply describes a marketing failure.

    Unsurprisingly, until marketing unites with Internet, the small labels will suffer.

    1. Re:Marketing failure by surpeis · · Score: 1

      Thanks for posting.

      Im not surprised, im just not sure the average filesharing person is aware of this and aware of the power (and responsibility) placed upon their shoulders...

  86. Not just P2P by Darkness404 · · Score: 1

    There have been a lot of artists that I have supported that I wouldn't have bought if I hadn't listened to them through a copyright-infringing YouTube video. For example, Nightwish. They aren't a mainstream band really here in the US, you can buy some of their CDs at specialty stores, but if it wasn't for a YouTube video that technically violated copyright, I wouldn't have known they have existed. Since then, I have bought several of their CDs both physical and digital. While a lot of people look at P2P to solve all problems, YouTube and other streaming services actually help more.

    --
    Taxation is legalized theft, no more, no less.
    1. Re:Not just P2P by techhead79 · · Score: 1

      I think there is a common misconception though of listeners of music. In my personal experience and from those I have spoken with at least those that actively seek out an indie label on P2P because they can not find them anywhere else are more likely to purchase the music to begin with. Those I guess are the lovers of the music. But there is this huge majority that simply would never fork out money for even one note of music regardless of who created it. They simply have no interest in paying an artist for their work, and they will not.

      If you are given something for free vs something that has a cost, if you have no moral choice to make in the matter the majority of people will chose something that is free. There is this odd ideal among music lovers that just because you enjoy a certain kind of music so much you will feel obligated to pay for it out of the kindness of your heart. The real truth is though the majority of the listening public are not music lovers they are just music listeners. They are not going to actively seek out a way to pay back an artist for their hard work unless they are forced to.

      If even an ounce of what I say is the truth then you come back to the question of how do you support a model for artists to continue to create works? Do you rely on the kindness of music lovers or do you impose laws that require payment for the artist's time spent on their creation.

      40k, that's how much it costs to fill up an iPod...how many of us are pirates in the world is kind of a mute point. I think the real question is of course will the removal of a law increase sales or decrease sales? Again, just going from what I have seen...those that are willing to pay already are...they find ways to pay for it. Availability doesn't mean payment...as with every business on the planet marketing means the potential to payment. P2P I think is a valid marketing method...but I also think we still need laws to force people to pay that wouldn't normally.

    2. Re:Not just P2P by Darkness404 · · Score: 1

      I think though that those who use P2P simply to get free music even though there are loads of ways to get it legally would not buy the legal music. Its similar to if I walked into Wal-Mart and they had a 50 inch plasma on sale for $50, I would buy it. Was I in the market for a 50 inch plasma, no, but because it was so cheap and it would be a nice thing to have, I got it. There are a lot of artists that people tolerate, but don't really like, so they pirate the music. If the only way to get the music was to buy it, they wouldn't listen to the artist. Similar to if that 50 inch plasma cost $1300 I wouldn't have bought it.

      Then we have the issues of "consumable" music. Music that is popular one day then the next becomes unlistenable to because its "old". These are the most heavily downloaded songs because they are "in fashion" for a brief period of time where everybody (everybody meaning the masses) then a few days later the song never gets brought up again, they are merely status symbols.

      The lesser-known bands (and not just indie bands, but signed bands that just aren't that popular, at least in the country you live in) seem to have a more timeless quality to them that people listen to them more over time. While the latest song by Hannah Montana (or whatever kids are listening to today) might be almost unheard of 6 months from now, a lesser-known song will still seem as good because its not really "consumable".

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Not just P2P by ggvaidya · · Score: 1

      There is this odd ideal among music lovers that just because you enjoy a certain kind of music so much you will feel obligated to pay for it out of the kindness of your heart.

      It's not an "odd ideal": I support bands I enjoy to encourage them to produce more music I like. I agree that many people are music listeners rather than music lovers, and definitely this argument doesn't work for musicians who are dead (I just can't afford to pay them to perform again). That's why the mass music industry is so jittery about piracy: it's music listeners who want most to listen to music for free or almost-free (on subscription-based services or internet radio) who will be the first to leave them.

  87. No promises were ever made... by denmarkw00t · · Score: 1

    Filesharing never said it would bring forth a massive wave of indie rock, but it certainly has helped that particular genre of music greatly. Between working at a college radio station (WUAG, bbbbbaby!) and partaking in P2P networks since good ol' Napster, I've discovered many artists I would never have heard of, and, consequently, bought merch, gone to shows, even got to meet The National after a show here. Without P2P, The Octopus Project probably never would have come to my town to play. While it hasn't propelled indie to the mainstream completely (and is that a bad thing?), it certainly has helped many artists reach a much broader audience...such as Of Montreal, Cut Copy, Girl Talk, The Fiery Furnaces, Broken Social Scene...to name a few, at least in my experience, because I probably wouldn't have heard of any of these bands and many more without P2P.

  88. getting more seeds by Yaur · · Score: 1

    I would posit that the most seeded content isn't top 40 music or movies, its things like MMO clients and Linux ISO that are legal to seed. If you want more people to seed your content make it clear that you are giving it away... otherwise you are complaining that people aren't stealing your stuff often enough.

    Not to mention that if I did pirate music I wouldn't even consider stealing indy music (with the possible exception of John Darnielle Said it was OK to Steal These Song for obvious reasons) since indy artists/labels actually need my money to stay in business.

  89. thanks man by circletimessquare · · Score: 1

    and i can share the glories of the pakistani taliban versus zombie flick:

    http://www.zibahkhana.com/

    you act in good faith, so all i can offer is good faith of my own:

    "I WANT to see a new era grow forth, and my post was a concern on why this is not happening after ten years of mindless arguing from both the biz and the filesharing community"

    #1: there is no compatibility between the two communities, nor will there ever be

    #2: one community's argument is nothing more than "why am i dying?"

    there is no rapprochement between the transcribing monk and the printing press

    all that happens is one dies, and the other lives

    just say goodbye to the biz. its dying, and has no way not to die. thus its insane measures. it has a warchest, and all it is fighting is its own obsolescence

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  90. Attention is finite by Geof · · Score: 1

    You argue that p2p levels the playing field and lowers the barriers to entry. But that is not neutral at all: it benefits some more than others. Attention is a scarce resource. At some point people must decide where to put their attention and time - and, at least as importantly, where to put their heart. Because that emotional meaning-making increases the meaning of the music to them, to their friends, and so on to other people. For the scenario you describe to come true, in which both hits and unknown increase in popularity, one of two things must happen: the middle must be squeezed, or the role of music in society must change.

    Now for a quibble. You call p2p nothing more than a distribution channel. This obscures that it is fundamentally a social phenomenon, one that is qualitatively different from what came before. By making it easy for you and your friends to listen to all share your tastes in music (without passing around mix tapes or buying CDs), it collapses the time and the space that separate what you like from what they like. It will not only increase popularity of hits (as I described), it will also change the dynamic. Just as cell phone use cut into candy bar sales, just as television drew people away from social interaction with their neighbors, so changing the accessibility, diversity, and pervasiveness of music - and of talk about, interaction with, and meaning-making around music - so changing these things will change the role of music. It might do so in a negative way. We cannot know this simply from theorizing about it. We need experience and empirical evidence.

  91. Perceived worth by Crookdotter · · Score: 1

    Indie artists have less perceived worth than major label artists, therefore no one is bothered about pirating them.

    I bet you wouldn't get many more downloads if you simply gave the mp3's away for free.

    What about selling them by heavily marketing them on the web instead, and giving them an inflated price. 'Best New Artist of the Year!!!' kind of thing, with an album costing $50 or whatever currency you're in. When the perceived worth increases, I bet you'll see all sorts of rips of it appearing on torrent sites. I'm not sure how that helps you in the end but are you surprised that indie label artists with hardly any marketing don't become popular?

    1. Re:Perceived worth by surpeis · · Score: 1

      Thanks for posting!

      I don't even run the label anymore, so you are kinda missing my point. Im merely concerned that the major biz seems to be concolidating on behalf of the indies AND the free music that is out there. Im afraid this will continue and create a less diverse music scene, rather than bring forth the new music scene that I have been awaiting eagerly now for 10+ years. Im 35 now and im actually afraid im gonna die before it happens, and it concerns me :-D

  92. The long tail by Husgaard · · Score: 1
    Surpeis claims that all the music on the top-100 list on TPB is from major labels. He may be right; I don't know.

    But he forgets the long tail. There are currently 1.741.982 torrents on TPB. The numbers of downloads int the top-100 is nothing compared to the number of downloads in the rest of these torrents.

    1. Re:The long tail by surpeis · · Score: 1

      hello, and thanks for posting.

      I AM aware of this, believe it or not. :-)

      I just wanted to use TPB as an example on the missing link between the "new market" and the tons of free music out there begging for an audience...

      This paired with the lack of success stories of bands being able to "make it" outside of the biz makes me concerned that things are actually moving to the benefit of the major biz rather than anything new replacing the dino's.

    2. Re:The long tail by WhatAmIDoingHere · · Score: 1

      Try mininova. The top section on their front page is stuff like you're talking about. Small indie band wants to get their album heard by a bunch of people? Contact mininova and get listed there.

      It costs nothing and gets your sound out there. You can also do it for pretty much anything you can digitally distribute.

      --
      Not a Twitter sockpuppet... but I wish I was.
  93. Re:That's one more reason for limit copyright term by chromas · · Score: 1

    "For instance"

  94. Others have begun to succeed where TPB has failed. by Cordath · · Score: 1

    Note: For the legally squeamish, I shall be referring to two fictional torrent trackers: "squeak" and "pancakes". The rest of you can just deal.

    Once upon a time, I was one of the music industries greatest customers. When I was in highschool I'd make a weekly pilgrimage to the big record-store downtown and spend hours scouring the racks for tunes. I'm old/young enough that, at first, it was tapes, but I later progressed to CD's. My earliest albums are all popular well known artists, but I soon began to branch out into other genres that were, at the time, marginal. Classical. Electronica. You name it.

    In the late nineties I started using Napster and a variety of other sharing sites, but sweet, glorious usenet above all else. Sure, you needed luck and a commerical usenet account to find what you wanted but, if you could find it, it would download. (rather than sitting at 32% like so many file sharing networks of the day!) It was like a smorgasboard. You could just download things at random and find yourself on journeys of musical discovery. I was still buying a lot of albums in those days. Primarily albums from groups I discovered through usenet but hadn't been able to find anywhere. (These were often ordered through the mail.)

    I always felt a little guilty about hanging onto digital copies of albums I had downloaded without buying, but I figured things balanced out since I was really spending more money than I could afford on music anyways. Then, Metallica started suing people and Napster got shut down. Usenet was still fine, but suddenly the relationship between artists and fans was tainted. I know it's not justifiable. It's illegal, immoral, whatever. But I haven't bought a single album, online or otherwise, since that day. I can't explain it, but suddenly a group I loved was calling me a thief. I realized it was true, and strangely enough, I stopped caring.

    For a while I continued downloading music through usenet, but that phase sort of waned. So much was being posted there that it was taking hours a day to sift through just the lossless groups. For every great new track I found, I found hundreds of tracks I loathed. I'd find artists that cut one decent song in their careers and then nothing but crap. My music collection stood still for several years.

    Then squeak came along. Instead of passively sipping from the usenet garden-hose, you could actively search for music that interested you. Squeak had almost *everything*. Odds were that, if you could think of it, squeak had it. Unlike open torrent trackers like TPB or the various sharing networks that came before, the closed ratio-enforced nature of squeak ensured that whatever you did find downloaded nearly as fast as if was coming off of usenet. The comments people posted to torrents were frequently a goldmine of information for finding new music too. My collection expanded quite a bit during these years.

    Then, one day, squeak was shut down. I really felt cut off from music that day. iTunes was going strong, but even they had relatively little compared to squeak and, at the time, the quality of their lossy AAC tracks was poor compared to the lossless that was so easy to find on squeak. I realized that squeak really was something special, and just as I used to pay a monthly fee for usenet I'd have gladly paid a monthly fee for Oink. Why couldn't the record industry find some way to provide that service and take my money? I didn't feel guilty about pirating music, but I did feel weary of moving around trying to find music in the "old ways".

    A little while later, while casting about for an oink replacement, I got an early account on "pancakes", but it sucked. There was nothing there. It felt like a refugee camp, except all the cool people had gone to some other, cooler camp and this one was for the rejects. Eventually, I despaired and went through another dark, period of zero-musical discovery. My original pancakes login was soon forgotten.

    A while back,

  95. Well, if we want to trade anecdotes by bennomatic · · Score: 4, Interesting

    A buddy of mine was in a band which had really lackluster album sales, but for whatever reason, traded well on Napster (back in the day). Whenever they went on tour, wherever they went, they would fill clubs, and they'd see people in the audience singing along. This certainly isn't the pinnacle of success; none of them are professional musicians anymore, they never got a major record deal, but they were able to support themselves for several years, and see the world, even if most of it was out of the back of a van. Without the Internet, without filesharing, they would have remained a local also-ran.

    --
    The CB App. What's your 20?
    1. Re:Well, if we want to trade anecdotes by surpeis · · Score: 1

      Hey and thanks for posting

      Interesting.
      Im glad to hear that there are some success stories out their, as it means all is not doom even though me personally haven't seen any/many such histories yet... (well, now I do.. :-) )

      What surprises me is that no record label picked up on them or at least sniffed a bit on them (norwegian expressions that probably doesn't translate to well).

      Due to fierce competition they are usually good on picking up pretty fast on bands getting an audience that cannot be explained by regular media or marketing...

    2. Re:Well, if we want to trade anecdotes by dasunt · · Score: 1

      I'm going to see a Finnish folk metal band early next month and hopefully buy some schwag.

      I would have never gone if it wasn't for sites like wikipedia and sites listing band information, as well as being able to check out the band's music that was (in all likelyhood) illegally uploaded to youtube. After all, there are plenty of bands out there, even in "obscure" genres, and unless I can hear what a band sounds like, why am I going to spend my money acquiring their music over another band's music?

      Now I have over half of their CDs, and expect to buy more.

      This band is on an independent label, headquartered in Germany, and sings in either English or Finnish. They aren't going to get air play on any major US radio station. Yet they can tour the US. That's due to word of mouth and to piracy.

      Yes, people are pirating this band's music from torrent sites, I'm sure. Would these people pay for music anyways? Probably not.

      But the benefits to this band from copyright infringement outways the risks, IMO. Copyright infringement hurts the big boys -- we know what they sound like, we either like them or we don't. Copyright infringement helps the smaller bands more than it hurts them, since it acts like free advertising.

      Would you rather have 50 people buy your album at $10/pop, or have a song uploaded to youtube, have 5,000 people watch it for free (potentially $50,0000 in lost sales, according to the RIAA), and have 250 people buy the album?

    3. Re:Well, if we want to trade anecdotes by Rinikusu · · Score: 1

      /* Would you rather have 50 people buy your album at $10/pop, or have a song uploaded to youtube, have 5,000 people watch it for free (potentially $50,0000 in lost sales, according to the RIAA), and have 250 people buy the album? */

      I can't see why either of these is mutually exclusive.

      I have a few records, we've sold a few hundred. It's probably been downloaded 10x that. At the very worst, it fucks up our estimations on how many to press and we sit on unsold copies until we're 70. At best, the pressed CDs become a commodity and sell for $$$ on eBay. Well, that's what happens these days with extreme short run 7" (vinyl) pressings in the Indie World. Either way, I'd prefer everyone buy the record, from a strictly financial standpoint, simply because my band is unable to tour regularly. We all have day jobs, and hell, I live 2000 miles away from the band right now. But, at the end of the day, if it comes down to download vs. non-purchase/obscurity, I'll be happy that someone cared enough to download it. It's a similar thing with our shows: We never turn anyone away if money's an issue. So, you can't pay for my band's CD? Fucking download it, wear it out, come see us live and buy a T-Shirt.

      --
      If you were me, you'd be good lookin'. - six string samurai
  96. Why do "Labels" still exist? by CranberryKing · · Score: 1

    Seriously. What service are they providing? If they can make money because they have some marketing skills, great for them. Consumers have no obligation to support their industry because it was once relevant. That's why it's called a 'market'. These days, many artists can create, promote & distribute their own material and keep all the dough. The definition of property has changed no matter what courts say. It doesn't really matter though because the labels days are numbered. It's only a matter of time before ALL artists realize they don't need them and the 'industry' won't exist or else be very different. Before Caruso and phonographs/cylinders, musicians made money as PERFORMING artists, rather than RECORDING artists. The idea has taken over modern thinking that if you can get an idea (think patent) before anyone else, you should be able to claim it as your own and make money forever on it without ever having to do anything again. Like snatching up domains. Uggh.

    1. Re:Why do "Labels" still exist? by surpeis · · Score: 1

      Thanks for posting.

      The reason why they exist is that the artists seldomly are interested (or have the skills) to manage the financial part (amongst many things) of being... well, an artist.

      Thats the reason why you will find very few or none that actually do what you state in here an "keep the dough themselves", although filesharing has been going on for at least 10 years.

      This should concern the filesharing-enthusiasts. At least I know it concerns me, eho would like to see such a new market grow forth.

      Finally: its called a market mainly because it is money involved. Manouvering in a market takes skills and COSTS money. The major problem the is that when you reach a certain level, you will no longer be able to focus on the artist part. You will need someone to take care of it for you, and wether you call them a label, a management or a schmabel is not really relevant. The thing is as long as their is a big interest in music, there will be money to be made, and there will be a need for a business. Otherwise, the artists would already have cut their bonds to the biz a long time ago. You need to remember that they sign the contracts out of free will, not with a gun against their head.

      If we want to see this change, we need to give them good alternatives. I don't see that happening anytime soon, leading to my snub here at slashdot...

      BTW:
      a good example on the gigantic opportunities as well as workload provided by the internet is the massive amount of feedback i get on my post. I could very well need a secretary right now...

      It is no different for an artists experiencing success, wether it'd be on the net or through "traditional" channels... :-)

  97. Re:Others have begun to succeed where TPB has fail by surpeis · · Score: 1

    THanks for a very good post

    Its a shame you are back in Canada (im of candian origin myself), or i would invite you out for a beer sometimes as i think it would make an interesting aquaintance.

    Im not gonna add alot to your post, other than mentioning that we have the same taxes on CD-Rs etc over her in norway that secures the artists some income, at least as long as there is a physical medium involved.

    Have you checke out Spotify, if it is available over there? Its streaming, but they have buildt up a stron catalouge already and are rapidly growing. They base it upon som e advertising now and then between songs, as well as ad-free subscriptions with som other minor benefits. Its in beta stage, so you need an invite to install it though... I might be able to cough one up if its possible to use over there...

    Anyways, thanks again for an insightful post that really puts the user experience in latter years into perspective... :-)

  98. Re:I don't think life has taught this guy enough y by Voyager529 · · Score: 1

    I don't think the RIAA would agree with the micro-royalty system, though. As much as I agree with it (if I don't like a song, it's not worth my time to fight over a nickel or a dime), it doesn't tie in with the RIAA's philosophy - get money from EVERYONE who listens to a song.

    One time when I worked at Staples, I got the deal of a lifetime - Adobe Photoshop CS2 for $4.50. Full, retail Photoshop for $4.50. I'm sure that 98% of people who use cracked copies of Photoshop would buy it if it were $4.50. I told one of the guys who replaced me about it, and his response was, "even at $4.50, I still wouldn't buy it." "Do you use it?" "Of course!" "So why isn't it worth even $4.50 to you?" "Because I can get it for free". People like this guy are the reason why the *AA wouldn't go for micropayments, because people like him are seen as money left on the table. They feel that they can't let that happen, and they figure that if TPB/Mininova/Your Tracker Here were shut down, then people like him would be forced to pay $599 for Photoshop, and that he would be willing to do so.

  99. The real problem... by kerashi · · Score: 1

    Is that there isn't anything as awesome as the old MP3.com.

    Seriously.

    I probably haven't been exposed to one independent song in the past year. When mp3.com was still here, I downloaded a ton, in a variety of genres.

    Does anyone know of a (good) site like the old mp3.com that offers the same scope of music AND free downloads?

    1. Re:The real problem... by antispam_ben · · Score: 1

      Blast from the past, one of the biggest indie "hit songs" on mp3.com:
      Fisher, "I Will Love You"

      I grew up on WPLO FM in Atlanta between about 1968 and 1975 when it was a format I later heard called "underground FM" - commercial rock that was often not in the Top 40's, but quite interesting. If anyone can tell me where I could find some playlists for that station, I would be quite grateful (yes, they played the Dead). I recall Curved Air and Renaissance as two prog-rock or alt-rock bands they played, but there was a lot of music I can't remember the song titles or artists' names, but would love to hear again. I learned there is much more good music than was/is played on "conventional" popular radio.

      So when I discovered independent music on the Internet through mp3 hosts, almost exclusively mp3.com in the late '90's, I ate it up. I remember when mp3.com died, artists spread out to soundclick, the late IUMA, and/or whevever else they could find for hosts (I found these hosts by websearching the names of the artists/bands I had listened to on mp3.com).

      Here's two sites that list lots of music hosting sites for independent music artists, it rates them from the artist's point of view, but they may be worth looking over as a listener as well (while sites have all genres, many sites tend to specialize in certain genres):
      http://www.compo10.com/MusicHosts.htm
      http://www.armydiller.com/musichosting.htm
      In general, downloads are either free or only partial songs and charge-for-the-whole thing, depending on options the artist sets.

      Many indie artists DO put their material on P2P networks in an effort to increase exposure, but I've stayed away from using the crapware necessary to get it.

      mp3.com itself has been "back" for perhaps a couple years as far as being an indie host again, but I haven't really heard about it, I just happened to notice it when I went there one day. It doesn't look like the 'cred' or excitement of the late '90's is there anymore.

      One more artist I learned about and bought the CD from ten years ago thanks to mp3.com, country singer "Dorene." Here's her old CD online as free MP3's as well as a new song:
      http://www.dorenekedney.com/

      --
      Tag lost or not installed.
  100. Re:Also also, Music != Recording by ODBOL · · Score: 1

    "copyright law in the US at least was created in 1790. What methods did they have before that date that allowed the almost flawless recreation of works?"

    According to what I have read, there was a lot of unrecorded music. Even before 1790. Some of it has come down to me in musical notation, some passed through the oral/aural tradition, some is just a rumor. Probably a lot of it served to lift the spirits of those living at the time, and does nothing directly for me today. But I don't begrudge those ancients their own music.

    In my Historical Anthology of Music, by Davison and Apel, the first piece is a Chinese "Entrance Hymn for the Emperor," estimated at 1000 B.C. The earliest ones that I can attempt to sing are newer: only about 1,800 years old.

    What is this "flawless"? I love recorded music, even when it flawlessly records the flaws. There are different sorts of flaws. When my mother sings "Kayro Kymo Deemo Wep," I consider that to be a flawless transmission of my ancestral music, even if the waveform may be different from the one produced by her mother's mother.

    --
    Mike O'Donnell http://people.cs.uchicago.edu/~odonnell/
  101. Meh by VelocityZero · · Score: 3, Interesting

    I've noticed that when I try to find "not so popular music" it's a pain in the ass. TPB, ISOhunt, you name it. I can't often find the music I am looking for unless it's already "popular"

  102. brave note for this community by vpness · · Score: 1

    Surpeis - a few notes: Nice thoughtful note ... even in English as a second language ! I was thrilled about a decade ago, when the opportunity for artists to self-promote and self-distribute their own music seemed just over the horizon, freeing new artists from the stranglehold that the major labels had on music distribution. However that opportunity seems, unfortunately, less likely now than it was a decade ago. Itunes isn't motivated to promote free music, tho their Genius capability would seem to be tailor fit for providing 'others who downloaded this free indie music, also liked *this other* music. With that said, you're brave posting, your *thoughtful* post to the /. community. A lot of the posters from this community clearly thinks that taking things *because they can*, such as pirated music, is somehow rationalized over taking things that would *likely result in being caught* such as, say soap on a grocers shelf. Sorry to say that expecting a rational discussion from *those who rationalize stealing* is more than a little optimistic.

    1. Re:brave note for this community by surpeis · · Score: 1

      haha, thanks for your kind post

      Well, you are an example of it being not all a waste of time. Whatever comes out of it, I will learn about the mindset of the "general" filesharer, and it will hopefully serve me some other time.

      Actually I find the answers to be surprisingly diverse. Some seem to have reflected quite a bit over this, and the nitpickers and flamers are not at all as hard on me as I expected.

      Then again I have not been able to read even half the postst yet... ;-)

      I share alot of your desillusions when it comes to filesharing and the wonders we thought it would bring 10-12 years ago.. And having been a part of the music biz for some years also, Im probably even more depressed to see how little has happened, and how little seemingly will happen. I dint the filesharing community to be almost as reactionary (can I use that expression in english??) as the record biz. The losers are the artists, the music, and perhaps the indies in my worst case scenario.

      Anyhow: Have a nice day or night, depending on where in the world you find yourself located. I found your post both kind and encouraging!

  103. Re:That's one more reason for limit copyright term by Stiletto · · Score: 1

    The big labels are pretty good about picking out stuff that sells, and artists tend to gravitate towards larger labels.

    Is the industry good at picking stuff that becomes popular and sells? Or does it become popular because the industry tells us to like it and provides no alternative?

    The entertainment industry doesn't just sell products. It commands its (mostly impressionable and young) customers to like what it is selling via hype, celebrity endorsements, manufactured peer approval, and other forms of marketing pressure.

  104. Picked the wrong p2p protocol by booyabazooka · · Score: 1

    One problem is that you're examining bittorrent - designed for distributing large chunks of data (like long-lived band's discography) amongst a large number of peers (the bigger the swarm, the better - not so good for obscure, low-demand content). So... yeah, of course torrent sites are naturally geared toward already-popular content.

    1. Re:Picked the wrong p2p protocol by Anonymous Coward · · Score: 0

      Ah yes, there are absolutely no torrent sites for "obscure" music.

      I love when people talk about things they know nothing about.

    2. Re:Picked the wrong p2p protocol by booyabazooka · · Score: 1

      I believe I said torrents are particularly useful for more popular content. Pirate Bay seems to support this notion. This does not mean that it is impossible, or even uncommon, to torrent indie music.

  105. Captain Obvious to the rescue! by denzacar · · Score: 3, Insightful

    Popular music more popular!
    Obscure music less popular!
    Regardless of distribution method and media!

    Also, sky is blue, water is wet, candy tastes better than cardboard and I am stating obvious things.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
    1. Re:Captain Obvious to the rescue! by mlinksva · · Score: 1

      Captain Obvious should not be oblivious to obvious irony, which is what the post is pointing out.

  106. I am... by Anonymous Coward · · Score: 0

    I truthfully don't care about music. What I care about is when textbooks start becoming free. It will be a revolution in education. This will be especially the case when people write things like,"The comprehensive guide to calculus as to be learned by anyone who knows how to count" The computer means it can be an advanced and interactive media session. The free distribution will mean anyone can have it in their hands.

    You can see a (slightly older) revision here. It still has a long way to go, but I'm working on it! Feedback is always appreciated. There will be a new revision out within the next two months, key features will include a far more in depth look at calculus, and the philosophy of mathematics...

    And I'm hardly alone: there are lots of other such projects around.

    1. Re:I am... by Anonymous Coward · · Score: 0

      PS. The penny will really drop when 3D printing arrives...

  107. tarred with the same brush by lkcl · · Score: 1

    unfortunately, people will see music, available for download, and go "oh, this must be music that i would have to pay an extortionate sum for. i'm not doing that".

    in other words, they *think* it's a multi-mega-corporation-backed rip-off when in fact it's nothing of the sort, and the rippers don't care about making a distinction between the indie bands' rip-off and the multi-mega-backed rip-off, so the downloaders aren't being informed.

  108. As someone who listens to a lot of experimental by msimm · · Score: 1

    music. Let me on behalf of my Russian counterparts assure the original author that niche music is very much a beneficiary of trading and scene releases. That any author might complain about lack of diversity points more to the superficial level of the authors knowledge.

    And FTR, I pay for most of my music. But the scene is one of the best resources for discussing and discovering new music. These kids really love this stuff.

    --
    Quack, quack.
  109. Not so by PopeRatzo · · Score: 1

    This is a ridiculous argument.

    Filesharing is not the reason that most of the music heard is by the top 100 artists from major labels.

    It was that way long before TPB or even the Internet, or even computers, or even CDs.

    Hell, it was that way before 33 1/3 RPM records. Even before recorded music, when songwriters made their living from selling sheet music, it was the music from the big publishing companies that got most of the attention.

    The reason most of the music heard is from these major label artists with big money behind them is because those labels are spending a load of money on promotion, advertising, marketing, product-placement, mass media tie-ins, everything.

    And, unfortunate as it may be from your prospective, Mr Indie Label Man, wanting music to be heard and wanting music to sell are now two different things. The sooner you change your strategy to reflect that reality, the better. Time's not going to stand still because you decided on a career in the arts.

    There are other ways to make a living as a musician besides relying on traditional record sales, and they don't require selling out or playing weddings. I know this for a fact, empirically.

    --
    You are welcome on my lawn.
    1. Re:Not so by DaveV1.0 · · Score: 1

      He is showing how one of the primary claims about P2P is false. Perhaps you should stick to the argument instead of throwing out a red herring.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
  110. And let me add by PopeRatzo · · Score: 1

    It is despicable to try to play upon the emotions of music consumers using a fallacious argument that they are helping The Man keep Real Artists down.

    Maybe the harsh reality is that there's no more room in the music marketplace to support the existence of outmoded and redundant entities like "indie labels" or even record labels at all.

    You're fired.

    --
    You are welcome on my lawn.
  111. I think the real question is: by msimm · · Score: 1

    Is this how a truly free market corrects itself? We talk about the market place and we talk about business interests within the market as if the two forces are the only concrete forces at play.

    'Nature abhors a vacuum' - Aristotle

    --
    Quack, quack.
  112. Re:Others have begun to succeed where TPB has fail by Anonymous Coward · · Score: 0

    Squeak == Suprnova, Pancakes == Demonoid?

  113. Re:Argh. This time with paragraphing by Jah-Wren+Ryel · · Score: 1

    FWIW - paragraph formatting changed your post from the rantings of a crazy loon to something very insightful.
    Without your repost, I would never have read past the 4th sentence or so.

    --
    When information is power, privacy is freedom.
  114. Rounding off the argument by UnixUnix · · Score: 2, Insightful

    Let me add some personal insights to the (admittedly well-thought-out) OP account and try to point out a few complementary facts.

    It so happens I have never used TPB, but I have been employing torrents to some extent, and P2P much more so (the "clean" kind: soulseek). The RIAA need not worry [smile]: out of my 10000+ tracks hardly any appear in their Top lists (and, may I add, the majority of what I have downloaded I already own, on CDs and LPs, so it was mainly a matter of convenience). I do, however, have quite a bit of material from new, indie bands and performers, that I met and I happened to like. Some of them I encountered through MySpace, last.fm, vampirefreaks and related sites. And yes, when I find something I like I do buy it, to support the artist and do my bit to ensure more future releases. I prefer models of support where my money goes to the artist and not to the advertisement/distribution network of a large corporation.

    Over the years I have met a lot of people in such music scenes -- from all walks of life (and from 4 of the 5 continents). Not all do as I do, of course -- but consider: There are quite a few among them who have just about enough for life's basic necessities. They wouldn't go out and buy CDs one way or another. The day may come, though, when their fortunes improve, and they do start buying... especially if they can do so at a reasonable cost, and not one inflated by hype, pomp and circumstance. Some bands already provide this approach.

    It seems to me the large music companies will find the erosion of their stranglehold increasing, and inevitably so. Recording used to need a studio; nowadays a PC is enough. Distribution and advertisement used to require an elaborate (and expensive) edifice; nowadays the realities of the Internet dictate otherwise. Said companies find themselves progressively denuded, more and more so left holding an emptying bag. It reminds me of Eco's comment in a different setting: stat rosa pristina nomine, nomina nuda tenemus.

  115. file sharing is over rated by b4upoo · · Score: 1

    Is it too challenging for the savy to hook into MTV or online radio and simply edit out tunes in the programs that we don't like? That way you end up with the music you like without conventional file sharing at all. If one like odd music the chances are that it can be found online in a stream or even in an FM radio broadcast.
            Frankly the music industry is stupid in trying to track file sharers and file sharers are also sort of dumb in that there are better ways to pirate
    tunes with zero risk involved.

  116. used the free marketing wrong by Dan667 · · Score: 1

    This really seems a bit of a self serving cry in your milk story. If your business plan is not making money then you are doing something wrong. Instead of doing what small businesses do best and adapting quickly to new developments in the marketplace, this just talks about how unfair the world is. A sense of entitlement is not going to make you any money.

  117. "Interesting"? You didn't even read what he'd said by Dogtanian · · Score: 1

    It's disappointing that you were modded up, because it's clear that you barely read the article properly- if at all. You wrote a fairly detailed response to the expected "OMG, filesharing killed my record company" spiel... except that wasn't the point he was making at all! (Matter of fact, he explicitly *didn't* blame filesharing for the demise of his company).

    In fact what he actually argued was that the nature of engines like TPB *consolidates* the market power and hype of the major players and well-known artists.

    While that may be open to question, it would at least be helpful if you addressed what he actually said instead of your kneejerk assumption about the content.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  118. What is good music? by Lance_Denmark · · Score: 1

    The argument for indie labels always seems to base itself around the premise that indie=good and good=indie, and also that there is such a thing as music that is good or better. However this snobbery can sometimes blind those involved in music production and distribution to a fairly simple fact, in terms of art, where opinion is subjective, popular = good. If there really must be a debate about what qualifies as good music, surely that which appeals to the broadest spectrum of people on some level must be the best? Now I appreciate that based on artistic merit and peer review artists like Madonna may come up a bit short, and I very much doubt that anyone is touched deeply and emotionally by any of her songs, but most people like them. That's quantifiable. There could be some Patagonian pipe music which speaks to me on a deep, emotional level, but if to the other 6 billion people on earth it sounds like a guy blowing into some bamboo then who is saying it's better? Only me; and that's the point with indie music - people like indie artists more, but less people like them. That's how it works and for the most part that's why they're indie. If they wanted to become mainstream, they'd have to stop being 'indie'.... Also, I'm never entirely comfortable with this idea that the advertising budgets of big labels can make people buy music that they don't like. The whole argument behind this notion seems to imply that the majority of people are too stupid to realise that they are listening to things that they don't like. When in reality most people probably just don't really care about the finer points of the music they listen to, they don't care about the wonderful drum work, and they certainly don't need their music to 'speak to them'. This is no different to not really caring about fashion, computers, cars or the interior decor of your house. You get afficionados of most aspects of life, but I don't remember the last time I heard someone claiming that someone was forced to paint their bedroom magnolia because of 'big paint'. Indie music proponents should just be happy that THEY like it, they're in the know and that they have found music that appeals to them. Odds are they are just the sort of people who need their music to do this. Most people just want something to listen to in the car on the way to work, and considering humans are really quite similar, it's hardly surprising that they like a lot of the same music.

  119. Sites like eMusic and YouTube are much better. by grege1 · · Score: 1

    I was an avid user of eMusic, but as an Australian I was denied too many downloads so I lost interest. But, for North Americans eMusic is a great service for the discovery of new music and indie material. Plus the artists actually make some money out of the downloads. The other place to go is YouTube, anyone can upload a video of their music to a large audience. As has already been stated Bittorrent is just a transport medium, I would have no expectation of it to promote an unknown artist.

  120. Re:Argh. This time with paragraphing by gribbly · · Score: 1

    A minor point, but this:

    The popularity of a cultural work is largely a result not of any inherent qualities of the work itself, but of of the activities of the audience.

    ...doesn't work with this:

    If I like a piece of music, I am likely to tell my friends. They tell their friends, and so on and so on. (This is preferential attachment in a scale-free network.)

    Why do you "like" one piece of music more than another. Why do all your friends pass it along. It's because of something inherent in the "work itself", isn't it?

    --
    maybe
  121. Indie needs piracy by spanky+the+monk · · Score: 1

    The sooner "piracy" kills off the record labels and their marketing machine, the sooner independant bands will get a fair go. Music will then be popular based on HOW GOOD IT IS rather than how much it's shoved down peoples throats.

  122. Lemme get this straight by definate · · Score: 1

    So he's saying that because the costs of entering the market are now so low, he can't compete. Wow. Would you rather we artificially inflate the costs so you still couldn't compete?

    The internet lowers these costs, this enables you to make something of yourself, if you are able to connect with your market. In this case, it seems you failed to connect with your market, perhaps you don't move in those circles? Perhaps you didn't do anything they are interested in?

    If you want to be successful especially in the music industry you need to build this base, either through a fuck load of touring, or doing something really outstandingly different, or similar.

    Find a way to connect, then find a way to value add.

    --
    This is my footer. There are many like it, but this one is mine.
    1. Re:Lemme get this straight by DaveV1.0 · · Score: 1

      Um, no, that is not what he is saying. He doesn't say anything like that at all. In fact, he says " it was not filesharing that got the best of us". So, maybe you should shut your trap and try reading so you can actual make an intelligent comment on what is being said.

      What he is saying is that one of the justifications given by P2P illegal copiers is patently false, and then uses TPB's own data to show that it is false.

      People do not use P2P illegal copying to find new artists, nor do new artists benefit from P2P illegal copying.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    2. Re:Lemme get this straight by definate · · Score: 1

      Okay, I concede I was a little off point and aggressive with that statement. When I read it, I thought it implied that something should be done about it, or that file sharing was detrimental to them. Which he doesn't really say.

      It's just that the way it is phrased implies that it's bad, yet I've seen it be extremely useful for the bands I've worked with (Small Australian bands), who have managed to connect with their audience.

      Additionally, illegal file sharing has been attributed to the rise of a popular Australian band, though it was only their beginning, and their greatest period of growth was when they were picked up by a larger marketing organisation.

      Yes the power of the market is still safely held by the large organizations, this is because they throw millions of dollars into marketing.

      However with lower distribution costs (through file sharing) and with a good product, a band can start with file sharing.

      TPB's data doesn't show that it's false at all, it shows that large organizations which spend millions of dollars on marketing are more successful. Which seems obvious. If you want to see real "social mobility" amongst those groups, you need a company to aggregate a lot of data on small bands which both did and did not undertake these various strategies to attempt to find some correlation. Though it would be somewhat weak.

      I doubt many people use P2P illegal copying to FIND new artists but I bet a lot use P2P illegal copying to gain access to new artists which they wouldn't have other wise. If that new artist is able to connect with them in some other way (through last.fm/myspace/facebook/etc) then provide them the ability to download through a cheap distribution network, then they will benefit from P2P illegal copying.

      The fact that mainstream artists are using P2P well, is due to the fact that they have invested a fuck load in connecting with their audiences already. The key to success is finding a way to do this cheaper. Then it will benefit you.

      --
      This is my footer. There are many like it, but this one is mine.
    3. Re:Lemme get this straight by surpeis · · Score: 1

      I posted the article, and im not here to be captain obvious. English is not my first language though, and its a shame I didnt get my point out more clearly, as I really wanted to get people started on how we can change this trend.

      I have a few thoughts myself, one is to use the searches in TPB and the likes to plug good, legal and royalty free alternatives.

      Different from you, I think its definitely possible to use the marketing of the major labels against them, for instance in the way stated above. If such a system was buildt, it would (hopefully) be self containing after a while, and would serve the listeners with a viable option to violating copyright law and having nightmares about RIAA lawyers on their doorstep.

  123. Flawed use of existing tech by Reziac · · Score: 2, Insightful

    If the problem is being lost in the crowd -- move away from the crowd.

    So instead of relying on a tracker like TPB that carries absolutely everything from everywhere, run a public tracker that handles ONLY indies.

    --Filter out the big-name stuff.
    --Make it easy to FIND the new artists rather than having them lost behind the high-volume clutter from the label artists.
    --Make sure the filesharing world knows your tracker exists. Publicize it everywhere P2P is discussed.
    --Make sure everyone knows right up front that no one will be sued for downloading/sharing from your artists.
    --Let people post reviews and comments, just like TPB does. Word of mouth is important.
    --Offer links to concert tickets, CDs, T-shirts, whatever each indy label or artist has for sale, and do it from the review page so folks can find it again easily.
    --Offer inexpensive site subscriptions in exchange for whatever perks seem good, with some percentage being paid to the artists who participate.

    And of course, sell ads just like TPB does. If you need to pay a percentage to the artists to attract them, do so. Likely the same artists who already allow royalty-free use for internet radio would be receptive to the concept.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  124. Different Business Model by ghostdoc · · Score: 2, Insightful

    It's not about indie or mainstream, it's about business models.

    The current music business has a business model that is anathema to file-sharing. Regardless of whether you're indie or mainstream, if your business model looks like record:promote:sell then P2P is going to hurt you, because you will be spending money promoting while a share of your sales will be disappearing to P2P.

    The business model that P2P helps with is record:share:merchandise (basically making money off t-shirts and concert tickets rather than the actual music itself) amongst others (record:share:donate for example).

    The original author needs to rethink his criticisms of P2P, and use P2P as a powerful viral marketing tool for promoting his t-shirt-and-concert-ticket business.

    --
    Business/App ideas are like arseholes: everyone's got one, they're mostly shit, but very rarely they contain a diamond
  125. Need more data by sjames · · Score: 1

    Just looking at TPB's top 100 doesn't tell us anything. We need to know how many downloads ARE there for bands not signed to a major? What is that in terms of percentage of music downloads? How does that raw count and percentage compare with CD sales? How about CD sales in retail stores?

    It's not sensible to expect that a relatively unheard of band will be more downloaded than one that has the massive marketing engine of a major label behind it. Most people on TPB search for something by name rather than browse. They have to have heard of it first. It MAY be that being free does boost the numbers for a less known band compared to retail, but without additional marketing it doesn't get to the top 100.

  126. Popularity is only largely due to the audience by Geof · · Score: 2, Insightful

    Certainly some works are better - often much better - than others. I only said the popularity of a work is largely due to the audience. The greater the popularity of a work, the greater the effect.

    That does not mean that works do not have inherent qualities, nor that those qualities vary greatly, nor that many artists are brilliant people whose contributions to society are essential. Those things are all true. But the greater popularity and hence value (social and economic) of a film like, say, Star Wars compared to, say, Once Upon a Time in the West, is mostly - perhaps nearly all - due to the audience.

    Why do you "like" one piece of music more than another. Why do all your friends pass it along. It's because of something inherent in the "work itself", isn't it?

    Yes, but it is also due in large part to what I bring to the music, the circumstances in which I heard it, how my friends and I relate to each other around music, and so on.

    There is a study I read about online which I would really like to locate again. Participants were divided into two groups, and listened to a number of pieces of music. Each then rated the music. In the control group, the listeners did not communicate with each other. But in the experimental group they could see the ratings assigned by other people. The result was dramatic: preferences clustered in the group where the participants communicated among themselves. Furthermore, in different runs of the experiment the ratings for the same songs varied widely.

    The field of cultural studies provides lots of support for the importance of interpretation and meaning-making by the audience. The audience is never really passive. In reality, they are active collaborators in art. That's probably why, like artists, they care so passionately about it.

  127. "Uncool" music? by obeythefist · · Score: 1

    It's entirely possible that the reason many independent "artists" don't sell a lot of records or get listed on popular charts is, amazingly... because they actually aren't very good?

    If they are very good, well, more often that not in the case of artists who are good who are independent, they will be offered lucrative deals by the industry and they'll sign up. Here's 5 million dollars. You can have it, you just have to compromise your ideals slightly.

    --
    I am government man, come from the government. The government has sent me. -- G.I.R.
  128. Bah by Zebra_X · · Score: 1

    Using the TPB Top100 to determine if New Artists are able to break out through file sharing is fundamentally flawed.

    The Top100 represents what people want, now, not what people will want. Top properly use these statistics you would need to do the following:

    Identify all artists being traded illegally on TPB. Track them. See if they eventually become Top100 artists (esentially satisfying the hypothesis "piracy marketing" works). Then compare this with emerging artists using only "traditional" means of promotion. Even then you are only using one source, TPB, and not all artists that allow their music to be traded illegally to see if they then become successful.

  129. Demonoid by Demonantis · · Score: 1

    I have never used TPB so I don't know if they do this, but from the sounds of the author they don't. Demonoid actually has a main page where articles are posted about indie bands that have actively submitted their material to the site. I always thought it a neat idea and often enjoyed some of the stuff I downloaded and wouldn't have otherwise.

  130. Filesharing does not help them; the internet does by brit74 · · Score: 1

    Filesharing does not help small artists; the internet does. There is nothing that filesharing adds to the equation. If an artist wants their music out there, they can setup a website. If they don't have enough money for a website, or don't want to pay for bandwidth, they can put their music on MySpace. Google works perfectly well for finding their music; filesharing offers no additional benefits over the internet.

  131. An interesting point by Anonymous Coward · · Score: 0

    But first, Torrents and tracker sites would be a poor way to market or otherwise gain exposure for new artists since that medium is all amount mass. Not a good place for Indies at this time. Magnatune and similar, LastFM etc, gorilla marketing campaigns, anything to get exposure including a link to your website on this Slashdot post. Rapidshare is available if you need it and you might as well give it away as to try and make money in the early rounds.

    And making money? At least musicians have a fighting chance of drawing large crowds to live shows. Not so sure about fledgling cinematographers and authors.

    Your main point about distilling marketing power to large labels is spot on and I also agree that those labels are indeed missing the point while fighting against opportunity when the catalog is vast and people will pay for convenience. Why then fight the tide trying to maximally monetize a small subset of the catalog while ignoring the rest.

    Yes, people will flat out steal product but they weren't buying anyway. That's the part of the story media companies gloss over while promoting the idea that downloading leads to lost revenue. Indeed, stealing does have impact but it can be as positive as negative and quite possibly more so given the numbers of people who may be introduced to an artist or a genre of music they would not otherwise have been, in turn leading to increased sales especially if the price is agreeable.

    Take for example people who like the band ACDC. It is interesting to note that while everything in the ACDC catalog is easily assessable via P2P and other file sharing protocols, that people who value the work invariably purchase the CD's and proudly so. It is the pride of ownership those CD cases display, announce and symbolize even though they may have multiple 128K rips on their hard drives. It's not the same thing.

    But first they have to learn that music is out there and then discern whether of not it has appeal and then to what degree it might. No longer will people be goaded into dropping large coin on one hit wonders (for example) and in that regard file sharing breaks the existing model being music purchased must first demonstrate sufficient value instead of having things the other way around.

    If media companies viewed file sharing like they do radio airplay we wouldn't be having a problem.

    Now what happens when the entire back catalog becomes as assessable as the current top forty and how does a new artist break into the market when they have to compete against all recorded music? That music is both timely and timeless while reaching across generations yet speaks to and for each in different ways, a personal beast oft times of peculiar taste, flavor, immediacy and importance - I trust there is room for inclusion of new as each passing day turns another page into history for all.

  132. file-sharing is delievering information by Anonymous Coward · · Score: 0

    This is kind of off-topic, but I find it a worthwhile thought:

    The current Situation is, that I have to visit numerous places to get the things I want.
    I have to google in order to find what I need and the media is spread over A LOT of trackers.

    Now, I feel that free access to media is a human right, not a luxery. So, how to achieve this dream?

    What I would like to see, would be an international library, where ALL media is stored. The artists and producers that make this media available are to be paid by an international organization, receiving funds from the various nations (which could be payed for by the state or a special tax which allows access to this library).
    It would be quite easy to understand how many times item X has been distributed and the artists could be payed accordingly.
    This library would be very cheap to maintain since the bandwith would be mostly donated by users (think of one torrent worldwide for item x, 100000 seeders, no problem.)
    The only real cost would be the licence for the media, which when payed by all nations of the world together, might come very cheap to the individual citizens of those nations, while still being enough money to pay what normally would have been gained by selling dvds and cds.

    well, retailers would be obsolete in this scenario. There would be one retailer for media and that would be the central library of earth or whatever to call it.

    well sure thats an utopia not easy to achieve. but it would benefit all people and make our lives a lot easier.

  133. maybe i'm fossilized... by Uzik2 · · Score: 1

    but I don't think so. I don't choose music based on marketing by the record companies or the top 10 list on TPB. I've quit bothering listening to new stuff unless it gets pushed into my ears. It has to be on the radio/tv/video or recommended by a friend. I don't even bother to try new stuff any more. I tried listening on a site that would recommend music based on what I said I liked. I found I was wasting a lot of time listening to drek.

    Rap is not music, it's talentless idiots chanting to a recorded clap track.
    Country is too whiney.
    Most rock is too angry.

    Almost none of the songs I hear has anyone with any musical talent associated with it. I think marketing is hard and most bands aren't good enough, or lucky enough, to get noticed.

    --
    -- Programming with boost is like building a house with lego. It's a cool but I wouldn't want to live in it
  134. Re:That's one more reason for limit copyright term by snaz555 · · Score: 1

    Is the industry good at picking stuff that becomes popular and sells? Or does it become popular because the industry tells us to like it and provides no alternative?

    Music by its very nature is "sticky". If you hear something long enough you will become familiar with it and start liking it. (If not, then it's not musical.) The more similar it is to previously familiar music, the easier it sticks. What the major labels look for is music that is sufficiently similar to current mainstream to be cheap to make stick (say play five times over a week on radio, as opposed to 30 times over two months), while having at least some trivial differentiation and non-music appeal. Be it sexiness, dance skills, rebellion, or some other unrelated appeal.

    Music doesn't spread by "word of mouth". It spreads by your friends playing it over and over while you're in their presence. It's a push process, not pull.

    It's not surprising that teenagers and kids in their 20s download for free - because they can't afford to buy everything they've developed familiarity with. They lack the means to carry to the entertainment industry on their shoulders. And not having access to popular culture pretty much makes you a social outsider - not good for the development of teenagers, or the life of 20-somethings when so much hinges on social drama. Those of us who are older certainly pay for our music, but we can also afford to.

  135. OP has butt rot - buttfucked too many times by Anonymous Coward · · Score: 0

    You are sick and disgusting to the extremee, which I will paint on your imaginary garage doors every day because it's my god given right and if you don't like it you can stop living there and move to where all the freaks live, San francisco

  136. priacy as major label marketing by mlinksva · · Score: 1

    But if one starts thinking about it, it has the ironic effect that TPB is a driving force of consolidating the market power of the major labels rather than driving forward any new music. The conclusion has to be that "pirates" are just as little resistant to the major label marketing as any other person. Even though there are thousands and thousands of artists out there that want their music to be shared and listened to, they are widely and effectively ignored by the masses. In fact, one might say that TPB and the likes are countering the development of new markets, simply because the gap between the heavily marketed music and 'the others' is wider than ever, when the bare naked truth about peoples taste in music is put into such a system.

    Indeed. So obvious, so seldom stated. I made it point 0 of http://www.slideshare.net/mlinksva/five-myths-about-the-future-of-culture-and-the-commons-presentation

  137. Counting on technology to defeat marketing... by paralaxcreations · · Score: 1

    The problem is (as said in the subject) counting on a little bit of technology to overcome a massive amount of marketing.

    Nobody's going to download the content if they don't know about it.

    The only way to get more people to listen to your artists is to promote them at (or above) the level of major labels. Unfortunately, there are pretty high barriers to entry. You can leverage the social web to your advantage, however the major labels are already doing that- plus radio air time, plus in-store advertising, plus cross-promotion, plus plus plus...it's quite the goliath to take on. The best you can do is hope to take the advantage by fighting on your "turf" (the Internet). But even that would require some pretty heavy lifting as far as research is concerned- including lots and lots of trial and error. To win (in this case, winning simply means competing- that's really the best you can hope for), you'll have to do something that the major labels aren't already doing and aren't able to do- probably by taking advantage of the fact that their decisions are decided by boards while indie labels' decisions are generally made by a smaller group of people or the artists themselves.

    However, expecting Indie to win against Major Label (even in the court of illegality) by simple virtue of the means of acquisition sounds pretty naive (no offense intended). It's effectively the same as expecting indie to win against Major Labels in retail outlets without spending a dime on advertising.

    Speaking as a fan of Indie music: of course indie by its very nature is not built to become mainstream, so the numbers will usually be lower- artists are generally more free to innovate and do what they do out of love for their craft (leading- usually- to a better overall product) with fewer listeners than those with a large following- and not just from an "employment" standpoint. The pressure to produce for the fans instead of the self can be too much for some artists, and it's far too common to see them fizzle out into nothing, while the fans scratch their heads wondering how an artist who once seemed to speak to them now produces generic tripe.

  138. Re:Argh. This time with paragraphing by mlinksva · · Score: 1

    +1 mod parent up

  139. This one is easy. by synthesizerpatel · · Score: 1

    If you're upset that your music isn't as popular as mainstream music -- cop their style. Mainstream music satisfies the listening requirements for the largest base audience that it can -- that's how it becomes 'popular'.

    If you run an indie label that releases edgy new artists with unique sounds.. count on your hand how many edgy new artists you see on MTV per year and if you're close to that number you're on the right track.

    Otherwise, don't use MTV or TPB as your metric. The sad truth is there are many talented artists who toil in obscurity till the day they die. It's the lucky ones who can rise to the top to get any notoriety. For every awesome band you signed there's going to be 100 Rednexx cover-bands line before them to get some of the spotlight.

    And, to be honest -- it's not that the lack of pirate availability of your material is your problem -- sounds like it was marketing. If there's demand, there's demand.

    To recap:

    If you are #1 downloaded band on TPB and you have no sales, that's unlikely.

    If you are #10,000 band on TPB and you have no sales, you might have greater expectations for demand than there will realistically be.

    If you tried to keep track of every indie record label that surfaces, releases a few records and is never heard from again you'd be a busy person indeed.. TPB didn't do this to you -- being an independent label sucked for a long time before torrents were around.

  140. A Necessary Evil by Bigg+Matt · · Score: 1

    Just as Bill Gates said, "A Necessary Evil"

  141. drive the technology by roc97007 · · Score: 1

    It's a compelling argument. But think of it another way; what if what's happening is that the major labels are driving the development and deployment of the technology (to their detriment, or so they say). The infrastructure is in place; it remains for you and other indies to figure out how to make use of it.

    The porn industry drove the development of home video technology. The major record labels and the pap they produce are the porn of the music industry. I'm not surprised it tends to cater to their content.

    It seems to me that the next move is yours. You and your compatriots need to figure out how to bend filesharing to your needs.

    Consider this: What do the labels really provide? Marketing, right? Ok, let's look at an analogy -- how are the newspapers and network news doing? Generally going down the tubes, right? Because you can selectively pick and choose from a much larger pool of news online. Well hmm. An effective grassroots filesharing infrastructure exists. Perhaps what's needed now is a significant grassroots marketing effort. Not just sharing files, but sharing, I dunno, taste.

    These days I tend to listen to indie artists. I hear about them through word of mouth. There's probably a better way, but I don't know what it is yet.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  142. Is YOUR food free? by Anonymous Coward · · Score: 0

    Mine isn't.

    And I'm not a farmer nor survivalist.

    'Sharing and caring' only works if people are TRULY 'their brother's keeper' where money isn't necessary to survive or get things done.

    Until then, anybody alive in a money-driven, capitalistic society EXPECT to be paid for the goods and services they produce -- it's the ONLY socially acceptable way to survive in such societies.

    The alternatives are either communism or anarchy.

    The internet has essentially killed the sale of ideas--making them worth almost worth nothing. They are only intrinsicly worth the computer storage space necessary to hold a digital copy of the expression of ideas that can be mass distributed across the internet.

    The only things you can make money off of nowadays are services or three-dimensional products that you CAN'T transmit through the internet as a computer file.

  143. Geeze, I think everyone is missing the point by goombah99 · · Score: 4, Interesting

    The article kind of muffed it's key point I think, but it's there if you read it carefully. Let me try to restate it.

    1) First, suppose there were no way for anyone to get major lable music for free. Piratebay provides this service.

    2) Now in such a world, an indie label could establish new artisits simply by giviving away free music. People like free, so it would get downloaded and played.

    3) Of course Indie lables sometime do that now, so why are not people gorging on it? The reason is, they can also get free mainstream music from pirate bay, which being lazy and suceptible to marketing and peer pressure they prefer when all else is equal.

    Thus the author's thesis is simply that free mainstream music is choking the market and denying the indies an avenue to distinguish themselves. He would prefer that "all else" not be equal. That one were instead choosing between taking a risk on free aural adventures he was offering or the non-free but shiny comfortable mainstream music.

    His problem is that because prirate bay is actually something only adventureous people do, that it's sort of actually one more obstacle for these folks on their way to other adventures in free music.

    Another way to put this is that, if indie music is free one might think it is not worth as much as music that you have to pay for (but can get free by pirating it).

    His thesis is logical. It only goes wrong at the close where he wonders why the record labels chase the pirates. The point is they can't make it easy to get it for free. Just easy enough to satisfy the hard core folks and further advertise their wares, but not so easy that everyone stops buying music.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Geeze, I think everyone is missing the point by DinDaddy · · Score: 3, Insightful

      Your last paragraph raises the insidiously upsetting proposition that the RIAA are not the bunch of idiots we all presuppose they are and are cleverly manipulating us all and quite likely laughing at us.

      I have to go be sick.

  144. Digital copies have no intrinsic value. by goettel · · Score: 1

    The whole discussion on filesharing has seemed moot to me for a few years now. The simple fact is that people can and will be able to freely and easily share any digital content they wish. This means that the value inherent in copies of content has become zero. Want to make money? Play live.

    1. Re:Digital copies have no intrinsic value. by golrien · · Score: 1

      Want to make money? Play live.

      I would put money on you having never tried to make money playing live.

    2. Re:Digital copies have no intrinsic value. by goettel · · Score: 1

      I have and I didn't. So it isn't easy, and why should it? There's hordes of crap musicians out there. Filesharing just gives them a bigger pond to thrive or drown in. That's a good thing.

  145. Jamendo by Ghubi · · Score: 1
    Just say no to corporate media

    *warning* boycotting the dominant culture may contribute to social alienation *warning*

  146. Yawn by Ghubi · · Score: 1

    1995 called, they want their dial-up internet back. Using BitTorrent to download music is like using a sledge hammer to crack open a peanut. Broadband proliferation means now the kids are sharing feature length films in HD.

    We get it already. People will continue to create music after the collapse of the recording industry, like they did for centuries before the phonograph was invented. Can we please move on to talking about how people will continue to create multimillion dollar blockbusters after the collapse of the motion picture industry? Don't even try to suggest YouTube as a substitute. Without movies people might start going outside and talking to each other. We can't have that!

    1. Re:Yawn by cdrguru · · Score: 1

      YouTube is clearly the future of entertainment. Check out Magibon and the ShayTards for examples of where television (and to some extent, major motion pictures) are going. I figure we will see at least one Magibon rip-off "reality TV show" in the fall.

      We have already had folks like the ShayTards on network television, mostly to be snickered at. What we will see is hour-long feature presentations (with commercials) of material like this. Edited together in someone's home, shot with budget cameras and uneven lighting this will be the next big thing appearing on the screens in people's homes.

    2. Re:Yawn by Ghubi · · Score: 1

      What part of "Don't even try to suggest YouTube as a substitute" did you not understand?

  147. Re:I don't think life has taught this guy enough y by religious+freak · · Score: 1
    No problem. Always nice to know my comments have been received and looked at on these types of things.

    As I read your arguments you basically want to keep the commercial music scene strong and healthy

    I wouldn't say that, exactly. What I would say is that as a consumer I don't really care one way or the other, and neither does 99% of the consumer base out there. I had a friend once that had an independent label. They had some cool bands; great bar bands... cool guys.... fun to hang out with, and I had an awesome time every night I went to a local show! But out of all of the music I ever saw at any local show, was any of it good enough to be on the radio during normal (i.e. non-local) station programming? Honestly... no, not really. And I feel bad saying that because the band members were all totally cool... but that's the fact. The bands were all good, but they didn't have that extra something that it takes. After reflecting on it occasionally, I think the thing that differentiates those bands that make it from those that don't is a very unique sound while still maintaining a mass appeal. Read: Layne Staley's (sp?) voice, Santana's guitar, Tool's... well, everything I guess

    I have no idea what kind of music you're into, but I like Rock/Alternative/Metal stuff (not 80s metal though - puke). I saw a pretty good number of bands that were good (and yeah, some shitty ones too) and had some pretty good sounding mass appeal, but they didn't have that little bit of extra whatever it takes to stand above and hit the big time. On the flip side, you've got some supposedly awesome musicians (musicians have told me they're awesome, but I don't have the ear for it, I guess) who, in terms of musical skill beat the hell out of most commercial bands on the radio, but have never made it big. And they never will make it big because they have no appeal to the musically uneducated drecks like me. I have yet to hear an independent musical artist where I have *truly* thought... yeah, I can definitely picture this band on my favorite rock station as a superstar. In this sense, it's almost bad that those in music have such a good ear. They can't really appreciate the fact that those who don't live and breathe music often don't see the point of the music from extremely talented individuals.

    Now, as somebody that loves music, you may have found the term "mass appeal" slightly disgusting, but it's my opinion that if you did, you're probably going to have a difficult time building a business you can live off of. You need mass appeal to make sales, and sales is what keeps the lights on. (I've got an MBA by the way... can you tell yet?)

    Anyway, sorry, I've just been rambling. To my main point... record/movie companies, news organizations, phone companies, etc, etc are all victims of old men. These old men running these legacy companies do not understand computers AT ALL. Many of them don't have a computer on their desk and never intend to have one. This is the reason for the push back, asinine decisions, mixed signals, all of these retard companies are putting out. Because of that, unless they straighten their act up, someone will beat them. In fact, I'm honestly surprised no one has yet. Every one of those industries I've previously mentioned is now an information technology company - they just don't realize it yet. They need to know how to write and develop in house applications at their companies as a *core competency*. Right now, computing is just another cost center for these old men.

    Therefore, the company that can develop, promote, and continually enhance a system for delivering music AND develop and maintain musical talent will take the whole market (currently, Apple does only 50% of this). One way to do this would be micro-royalty (no, I'm not aware of anything on this topic, but I don't spend any time on this, so I'm not a good person to ask), another would be the Richard Branson method and find one major act (I think his was the Sex

    --
    If you can read this... 01110101 01110010 00100000 01100001 00100000 01100111 01100101 01100101 01101011
  148. ... Want to be shared... by Anonymous Coward · · Score: 0

    Registered user posting Anon. because of mods elsewhere.

    Yes, there is a "noise" lazy-pirate element too, but as a small hobbyist I have not found consolidated batches of artists who want to be shared freely for the exposure. (I carefully said "haven't found" - I just haven't really scoured the issue yet.)

    I peeked at Legal Torrents, which is the right idea - but they only have some 40 items per category.

    So, if you have any connections left from your label days, post a link to a page with your entire consolidated list of who "wants to be shared".

    I believe all IndieLabels should have a signed band statement on file per music project explicitly promoting the free sharing style. A lot of the bands I have talked to at the local level "sorta allow it" but secretly wish to be big enough to graduate to the **AA LockDown model.

  149. Maybe people just like major label music better by mei_mei_mei · · Score: 1

    The majors are in it for the money, so they're going to find out what people want most and sell it to them. I'm sure marketing has something to do with the populrity of the major's music. But it's not everything.

  150. Missing a lot of common sense in this article... by bemymonkey · · Score: 1

    1. I listen to music that I like. In order to like music, it has to sound good - that means good recording equipment/techniques and decent mixing. And that, in turn, requires money.

    Any jackass can record his band with a digital 24-track and $3k worth of mics, but getting someone who actually knows what he's doing for the recording and mixing is _expensive_. There aren't many indie bands that can spend tens of thousands of dollars recording a single album... and sadly, it shows. I can't think of many indie bands I'd be willing to listen to, purely because of the production quality.

    2. Why go through freakin torrents if you can download $indieband's MP3 files directly from a webserver for free anyway? It's not like MP3 files are so big that distributing them via regular HTTP or FTP is particularly hard, so why put them on BitTorrent? ThePirateBay Top 100 _obviously_ don't include any indie artists, because people don't _need_ to torrent their work...

  151. Your foundation is wrong by Anonymous Coward · · Score: 0

    You're basing your study on the soul reasoning that Pirate bay is the end-all be-all file sharing enigma. In fact, there are millions upon millions of people who use hundreds to thousands of different forms of file sharing. The majority of file-junkies I know get B-movies, underground music, and various books that are very hard to find because bookstores do not provide a decent mode of searching for the desired book. In essence, your study is flawed, and therefore needs to be redone, with a non-bias pole or statistic. Also, what drives people to download music, is the knowledge that said music exists. How are you going to know you want something that you don't know is out there? That's like saying you love to eat tripe but you have no idea what tripe looks, tastes, smells, or feels like.

  152. Keeping the arch-enemy strong? by STEVEOO6 · · Score: 1

    "...are we actually turning into useful idiots keeping the arch-enemy strong and healthy..."

    I don't think you understand. I do not pay for the songs i download over P2P. They are free. By downloading for free, rather than paying, i am actually hurting "the arch-enemy".

    As a result of my download, the torrent file's ranking will increase on the "Top 100" list. By freely downloading a song, i have dealt not only the initial blow to "the arch-enemy" (as it will not be receiving any money from me), I have also dealt an even greater blow, by promoting the song to others, who like me, will not be paying "the arch-enemy" for their consumption.

    Yes downloading popular music over P2P networks will promote it. However under the majority of circumstances it's only promoting it to people who will not be paying for it.

  153. Free downloads are only half the answer by Locke2005 · · Score: 1
    You also need a viable music recommendation system; if people have never heard of these good indie musicians, then they wont bother to download them. I've used pandora, and it has turned me on to Eva Cassidy and Makana (your tastes may vary), as well as reminded me of many others that are not yet in my collection. Once we get music recommendations that the mainstream trusts, then indie musicians will eventually get a larger market share, but it will take time. There are literally thousands of aspiring artists out there that are much better than 99% of the crap put out by RIAA members. For the most part, people prefer to listen to whatever they are used to. (This isn't always true; I grew up being forcibly subjected to country music, and with a few exceptions, I still can't stand it.)

    The other problem is that the truly great musicians out there are usually interested in ALL kinds of music; they defy classification by genre, and thus don't fit into the record label's boilerplate marketing plans. So the people that are into music solely for love of music seldom get promoted. Even well-established artists can't sell music that doesn't fit their "mold"; how many people have even heard of Bruce Springsteen's "Nebraska" or "The Ghost of Tom Joad" albums? (His best work, IMHO.)

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  154. The real problem is Conglomeration by Plastic+Pencil · · Score: 1

    The real problem is unchecked Conglomeration and it's affecting all media and culture at least in the U.S.. It feels like we've been frozen in this stale teeny-booper, hip-hop malaise well past its normal expiration date since the late 90's. Remember the 80's, remember the early to mid-90's? Even if you hated the music, the fashion trends, there was at least a social flow. As media outlets and record labels have been snapped up by an elite few corporations, who in turn maintain a stranglehold on the major outlets (tv, radio, etc.) there's no motivation for turning over new artists because it's perceived to be more cost effective to recycle the same bullshit ad nauseam, and limit investment in emerging musicians. By the time the current generation of consumers is bored, there's a whole new lot whose fresh palette and less discerning taste is ready to eat the same stale drivel. There's no real competition anymore, there's no real forces out there to give rise to the next unplanned musical or social trend. The internet, for all its positives has yet to find a way to really connect people to new artists, to drive any new trends with the exception of the occasional 'viral video.' Sure, there's probably a few minor success stories, but can any of them match some of American Idol's more successful rejects? Until the internet finds a way of giving birth to independent and new voices, or a media upstart with the intention of being one arises, then things won't change. Unless somebody at the controls wakes up or they collapse.

  155. Re:Others have begun to succeed where TPB has fail by 3.5+stripes · · Score: 1

    No, oink you yoik.. he even forgot to change it in his last paragraphs.

    --


    He tried to kill me with a forklift!
  156. Re:There's no favoritism by GargamelSpaceman · · Score: 1

    Big record labels market. That creates demand for copyrighted content. That demand translates into downloads via The Pirate Bay.

    Other music, must do the equivalent 'marketing' via word-of-mouth before it sees that kind of interest. The illegal stuff has an edge since there is a level of interest already. When users can satisfy their demand for content with illegal stuff they know about because of marketing, or with something else they've never heard of, then all other things ( like quality ) being equal, they'll go with the stuff they know since it's easier.

    Other music must be better in some way, such as appealing to a certain niche (better if that happens to be your niche) to be worth finding out. ( Search YouTube for Jonathan Coulton to see an example )

    --
    ...
  157. poor example by azaana · · Score: 1

    If you want to get new music you wouldnt use a major tracker, since as you said they will mirror the market. You should really look at the trackers which are set up for promoteing new music in which case you see a much larger range, i would suggest compareing differnt sorts of trackers befor makeing statements like this.

  158. The problem here is TPB, not filesharing. by hedgomatic · · Score: 1

    TPB is first and foremost a torrent-link site, not a community.

    Years ago, I belonged to a filesharing BBS that did introduce me to tons of new music, all of it indie, because it was populated by people that were particularly interested in indie bands.

    TPB is a "mainstream" torrent site, and therefore reflects those interests. If you saw the lawsuits stop tomorrow, guaranteed there would be plenty of targeted-interest sites out there.

    I personally don't like recco systems (computer or vote-driven), because hearing someone talk about *why* they like a particular album, a person who's opinion I trust based on past successes, is far more valuable to me, and often results in my listening to music I wouldn't otherwise be exposed to. As said at other points in the thread, free downloads are only half the answer.

    I'm a hobbyist indie artist, and the last place I'd offer anything would be TPB, because no one would ever see it. Instead I post to forums of my influences, under the appropriate "user created music" sections. It's a campaign that provides fewer listeners, but extremely targeted ones. YMMV.

  159. TPB is like a drug dealer by thtrgremlin · · Score: 1

    I think that is an important point. The Pirate Bay is a central location on the web to find stuff that is heavily protected by copyright law AND things people want they don't feel (at that moment) they want to pay for (or at least the asking price). I think you also have to consider the dual marketing of both The Pirate Bay AND the Recording Industry makes albums that are marketed around the world are going to get proportionally larger global attention. The world is big enough that minor global attention generally beats out any kind of regional dominance; just being very popular in China OR United States doesn't mean you are going to be close to being #1 in the world. Just doesn't work that way.

    Pirate Bay is about "illegal" sharing; it is a place where you can get stuff that you can not get elsewhere. If artists are sharing their music freely, because they use a Creative Commons license, what motivation is there for pirates to rescue it? There isn't anything to save.

    It is like you have a headache. Some people swear my THC, because it is safe, natural, and minimal side effects compared to many other medications. However, in this legal environments, many countries outlaw cannabis, so they need to hit up their local drug dealer. But lets say you just want an Asprin; your drug buddies may have Asprin with them, but why not just go to the store where it is cheap and readily available? A closer analogy is probably amphetamine, because there are so many more varieties. Caffeine is cheap and in many food products, and popular, but not powerful enough and too many side effects compared to alternatives. Ritalin, Dexedrine, and their many flavors and varieties are popular and promoted by drug companies and doctors, quality controlled, but also patent controlled making it very expensive, especially if you do not have health / prescription drug insurance. Again, your local street dealer is going to give you a cheap alternative, except they may keep less fancy notes about what they think you are going to be using it for. And while it is still going to still be a bit more expensive, I'd bet plenty of street dealers keep plenty of prescription drugs on hand. I do not see it as ironic at all that street dealers would keep expensive and illegal drugs available, but won't sell generics or OTC. It is just economics; the financial motivation of the dealer, and the value to the customer just don't meet in those areas.

    I used to "pirate" music in order to figure out what I wanted to buy. When the legal environment became hostile, the only thing I stopped doing was buying music. In recent years, I have not pirated any music for a variety of reasons, but my final reason is that I am not interested in hearing the voice or message of artists that actively or passively support a war against the consumer or free culture, with the exception of Last.fm and Sirius Radio. My preference and what I share with friends are links from archive.org and creativecommons.org such as Jamendo and Librivox. I also take the same approach with software.

    As the OP pointed out, things are still very centrally controlled. This war isn't about piracy, it is about maintaining control, particularly in the realm of perceptions. There is more I could say, but nothing that hasn't already been said better in Steal this Film, Part II.

    Screw those stats though: If you haven't seen a revolution in the freedom and availability of indie music, film, software, and all "IP" for that matter in this "digital age" you haven't been looking.

    --
    Want Big Business out of government? Take away the incentive and start by getting government out of big business!
    1. Re:TPB is like a drug dealer by PinkPanther · · Score: 1
      Terrible analogy.

      TPB is not like a drug dealer. It is more like a street corner where the dealers have decided to set up shop. Or maybe better would be TPB is the yellow pages, where dealers decide to advertise. Or maybe...oh, never mind.

      TPB does not "have illegal stuff", it simply points to places where you can download torrents from (note: you do not download torrents from TPB). The fact that a large proportion of those torrents are infringing on organizations' copyrights is not something that TPB has any control over.

      Could TPB do things to remove "illegal" torrents from their listings? Possibly, but that is putting an onus on TPB that, IMO, they should not be required to do.

      --
      It's a simple matter of complex programming.
    2. Re:TPB is like a drug dealer by thtrgremlin · · Score: 1

      I know how the technology works, and I strongly believe that The Pirate Bay is fighting the good and moral side of this fight, defending ideas and culture from evil that would commodity and purposely retard human progress for perceived personal gain. They are "guilty" of what they are "accused", but it is the whole system that is poisoned. They enable people to harness better technology for what it was meant to do. Their strong anti-copyright / anti-monopoly position is intentionally in stark contrast to "the system" AND it is a fine example of people's / consumers beliefs and black market economics.

      Without knowing how to put this any other way, were you disagreeing with the post, or just the subject heading? I don't think my intended point was so poorly articulated.

      Governments and people are in conflict. Law, for the laymen, is either "bad things" or "what you need to do", but for citizens and really anyone with any respect for the law understands that law is a social contract. One sided contracts are both amoral and void, and people are elected to represent us such that we can be enabled to live our lives. If such an idea sounds grossly idealistic or "nothing like reality", that gap goes to show how little respect there is for government or law.

      --
      Want Big Business out of government? Take away the incentive and start by getting government out of big business!
  160. 750,000 of Your Closest Friends by not_hylas(+) · · Score: 1

    It was one thing to make a mix tape, back in the day, and share it with a couple of friends (2) verses what's happening now.

    How things have changed:

    1970 vs. 2008 - or 2009

    Scenario: Jack goes quail hunting before school, pulls into school parking lot with shotgun in gun rack.

    1970 - Vice Principal comes over, looks at Jack's shotgun, goes to his car and gets his shotgun to show Jack.

    2008 - School goes into lock down, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.

    Scenario: Johnny and Mark get into a fistfight after school.

    1970 - Crowd gathers. Mark wins. Johnny and Mark shake hands and end up best friends. Nobody goes to jail, nobody arrested, nobody expelled.

    2008 - Police called, SWAT team arrives, arrests Johnny and Mark. Charge them with assault, both expelled even though Johnny started it.

    Scenario: Jeffrey won't be still in class, disrupts other students.

    1970 - Jeffrey sent to office and given a good paddling by the Principal. Returns to class, sits still and does not disrupt class again.

    2008 - Jeffrey given huge doses of Ritalin; Becomes a zombie; Tested for ADD; School gets extra money from state because Jeffrey has a disability.

    Scenario: Billy breaks a window in his neighbor's car and his Dad gives him a whipping with his belt.

    1970 - Billy is more careful next time, grows up normal, goes to college, and becomes a successful businessman.

    2008 - Billy's Dad is arrested for child abuse. Billy removed to foster care and joins a gang. State psychologist tells Billy's sister that she remembers being abused herself and their Dad goes to prison. Billy's mom has affair with psychologist.

    Scenario: Mark gets a headache and takes some aspirin to school.

    1970 - Mark shares aspirin with Principal out on the smoking dock.

    2008 - Police called, Mark expelled from school for drug violations. Car searched for drugs and weapons.

    Scenario: Pedro fails high school English.

    1970 - Pedro goes to summer school, passes English, and goes to college.

    2008 - Pedro's cause is taken up by state. Newspaper articles appear nationally explaining that teaching English as a requirement for graduation is racist. ACLU files class action lawsuit against state school system and Pedro's English teacher. English banned from core curriculum. Pedro is given his diploma anyway, but ends up mowing lawns for a living because he cannot speak English.

    Scenario: Johnny takes apart leftover firecrackers from 4th of July, puts them in a model airplane paint bottle, and blows up a red ant bed.

    1970 - Ants die.

    2008 - BATF, Homeland Security, FBI called. Johnny charged with domestic terrorism, FBI investigates parents, siblings removed from home, computers confiscated, Johnny's Dad goes on a terror watch list; not allowed to fly again.

    Scenario: Johnny falls while running during recess and scrapes his knee. He is found crying by his teacher, Mary. Mary hugs him to comfort him.

    1970 - In a short time, Johnny feels better and goes on playing.

    2008 - Mary is accused of being a sexual predator and loses her job. She faces 3 years in State Prison. Johnny undergoes 5 years of psycho-therapy.

    Scenario: Jack Buys the last Beatles album and records it to cassette, loans it to Trish to listen to.

    1970 - Trish likes the music, returns the cassette then later that week buys the album.

    2008 - Trish likes the MP3, adds it to her 128GB collection of music she has downloaded from Jacks site, Trish then puts a GB of music on a flash drive and takes it to Sally's house where they download it to Sally's Dell, where then Sally puts the music in her LimeWire share folder to share with her 750,000 closest friends.
    Sally knows all the Beatles are rich and don't mind it if she gives away their music, it's OLD music anyway.

    Someone online calls Sally a thief, Sally is outraged.
    750,000 of Sally's closest friends come to her defense.

    --
    ~hylas
  161. Failed premise by Sandbags · · Score: 1

    Though he's got a point, the author misses out on an important trend. It's not just that pirates use the internet to get music, it's not the rating sites steering people towards certain major lable music. Advertising by minor labels can't possibly compete with major brand lables.

    However, minor lables ARE making more then the used to. Why? Distribution by association. Many pirates also buy music. Sure, some flatly refuse on principal, but the bulk of pirates justify downloading as "I only have so much money to giove, the rest I steal, since they're not loosing the money i don't have anyway." They buy what they like. When they hear a good song, they're apt to find things like it. Many streaming music services, now even iTunes, provide you input into either what other people listening to what you like also like, or services like Pandora simply play other music like what you selected. You pick a band you like, and you hear a dozen other bands that are similar, regardless of label.

    If "indie" lables can get their bands into services like iTunes, Pandora, and other music streaming systems, people hear the songs, and some of them will buy what they listen to regardless of what's advertised to them or recomended by some popularity chart.

    I can say 100% for certain, never in my life have I ever sought out a band just because it was on a top 100 list (not for ANY genre, let alone the Pop top 100.) I seek out music becaus esomeone or something tells me "this other band sounds a lot like this, I think you'll like them" or I simply hear the song and like it and find out who it is.

    The music industry however is not really dying from piracy. Most people who steal, as I mentioned, do so simply due to a lack of funds. They can only buy the tracks or albums they can afford. It used to be they bought only albums (once singles went the way of the dodo). $18 for 12-15 songs sounds like a good idea, and 20 years ago when a 12 track album had 8-10 good songs on it I didn't mind as much. Most bands I get 2-3 songs on an album i like, so at $0.99 each, why spend $18? (or $9-12 as it might be). Couple the uptake in DVD and games, and where kids used to almost exclusively buy music, annd an occasional VHS, now they're buying movies ($15-25), games ($20-80), computer software ($30-50), controllers ($30-50), and more! There's simply not enough money to spread around....

    --
    There is no contest in life for which the unprepared have the advantage.
  162. Pirate Bay = Walmart of Trackers by Anonymous Coward · · Score: 0

    In the real world, different demographics shop at different stores. The same thing happens in the P2P world. The Pirate Bay is like Walmart: big, omnipresent, cheap (no ratio requirements or login) and filled with low quality product. Thus its not surprising that it would primarily have top 40 music.

    Its not a very good predictor for the bittorrent community as a whole since its not a very good place to go for anything beyond the latest mainstream music and movies.

  163. genecavanaugh@gmail.com by Anonymous Coward · · Score: 0

    Not sure why we want to hurt anyone.
    It would be good to provide room for innovation, and to encourage artists not associated with and controlled by the major labels.
    There should be a way, but not if the intent is just to strike out at someone.

  164. A flaw in the article... by GWBasic · · Score: 1

    A flaw in the article is that is assumes that people would go to The Pirate Bay for indie music. When I get indie music, I either download it for free from the artists' web site; or I pay for it. The Pirate Bay really is useless for indie music when the artists are willing to give their recordings away for free or sell them without DRM.