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ASCAP Says Apple Should Pay For 30-sec. Song Samples

CNet reports on a new money battle brewing between those who generate music and those who profit from selling it on the Net. "Songwriters, composers, and music publishers are making preparations to one day collect performance fees from Apple and other e-tailers for not just traditional music downloads but for downloads of films and TV shows as well. Those downloads contain music after all. These groups even want compensation for iTunes' 30-second song samples. ... Apparently, the music industry can't obtain the fees through negotiations. They have begun lobbying Congress to pass legislation that would require anyone who sells a download to pay a performance fee..."

463 comments

  1. So essentially they want people to pay by antifoidulus · · Score: 5, Insightful

    for advertising their product for free.... um, pretty much EVERY other industry in the world would like their products advertised for free, and if someone did that for them they certainly wouldn't sue over it.

    1. Re:So essentially they want people to pay by Slime-dogg · · Score: 4, Insightful

      Were I Apple, I'd drop people who charged for it.

      iTunes has gotten to a saturation point with so many artists that the ones who demand payment would just have to be the ones who afford to lose out on that market. iTunes doesn't *need* them, anymore, and neither does Amazon.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
    2. Re:So essentially they want people to pay by unlametheweak · · Score: 1

      These groups even want compensation for iTunes' 30-second song samples.

      Greed often destroys a good business idea. They will sell you the rope to hang them with.

      It all works in their favour; the less free advertising they get, the less profits they get and the more pirating goes on (because people want to sample music before they buy it), so they can lobby for more royalties and legal penalties against people and companies who can't afford the lawyers to tell them whether a copyright law has been broken. It's all very bourgeoisie.

    3. Re:So essentially they want people to pay by commodore64_love · · Score: 5, Insightful

      Yeah it is pretty stupid to make Apple, Amazon, or other e-tailers pay for the 30 second samples used to promote songs. Oftentimes I have looked at an artist and thought, "I have no idea who this is," but once I heard the 30-second sample I recognized the song and bought the CD. What RIAA is basically doing is trying to block customers from discovering music which will ultimately hurt sales.

      As for the music contained in shows and movies, RIAA already collects a piece of every DVD sale or VHS sale or TV rerun. It makes sense they'd want to collect a few pennies off the internet sale too. So I don't have a problem with it.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:So essentially they want people to pay by Darkness404 · · Score: 2, Interesting

      Yeah, there are a few mainstream artists that aren't sold on iTunes, but they are few. AC/DC and the Beatles aren't sold on iTunes, but lets say that Apple cut off the newest "teen" pop artist, suddenly iTunes just got replaced with whatever digital store sold them (or possibly FrostWire or BitTorrent). There are a few "no name" artists they could ditch, but usually most of the non-famous artists aren't too picky about their music.

      --
      Taxation is legalized theft, no more, no less.
    5. Re:So essentially they want people to pay by amicusNYCL · · Score: 4, Insightful

      iTunes doesn't *need* them, anymore, and neither does Amazon.

      O RLY? Do you realize how many individual artists ASCAP represents?

      ASCAP is a membership association of more than 360,000 U.S. composers, songwriters, lyricists, and music publishers of every kind of music. Through agreements with affiliated international societies, ASCAP also represents hundreds of thousands of music creators worldwide.

      ASCAP is home to the greatest names in American music, past and present - from Duke Ellington to Dave Matthews, from George Gershwin to Stevie Wonder, from Leonard Bernstein to Beyonce, from Marc Anthony to Alan Jackson, from Henry Mancini to Howard Shore - as well as many thousands of writers in the earlier stages of their careers.

      ASCAP represents every kind of music. ASCAP's repertory includes pop, rock, alternative, country, R&B, rap, hip-hop, Latin, film and television music, folk, roots and blues, jazz, gospel, Christian, new age, theater and cabaret, dance, electronic, symphonic, concert, as well as many others - the entire musical spectrum.

      The majority of mainstream artists (or their publishers) are members of ASCAP, iTunes and Amazon are all about catering to mainstream culture.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    6. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      The article said it was ASCAP and BMI, not RIAA. The text "RIAA" doesn't even appear in the article.

    7. Re:So essentially they want people to pay by amicusNYCL · · Score: 5, Informative

      FYI, this has nothing to do with the RIAA. This is ASCAP. The term "RIAA" doesn't even appear in TFA.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    8. Re:So essentially they want people to pay by PitaBred · · Score: 3, Informative

      ASCAP is a separate group from the RIAA. They just "represent" the labels like Sony, BMG and so on. ASCAP is just saying they want their pound of flesh, since the RIAA already gets theirs from the licensing fees. It doesn't make the claim any less bullshit, but it sheds light on the train of thought. ASCAP wants to tax everything it can classify as a "performance", the RIAA does the same for everything it can call a "license". Or get Congress to agree is a performance or license, respectively.

    9. Re:So essentially they want people to pay by aitikin · · Score: 1

      The problem there is that virtually every artist is a member of ASCAP or BMI. You drop those groups and you drop your primary market share, and if you were Apple, would you want to lose your top sellers? I almost guarantee that every artist on the iTunes top Songs all the way to the top 100 are ASCAP or BMI.

      The irony is that there is a third group, SESAC, that never gets mentioned or never goes through with this stuff, likely because it's the smallest group, but it's the only one that is For Profit. That's right, both ASCAP and BMI operate on a not-for-profit system, so at least some group works for the content creators, unlike the RIAA which works solely for the companies...

      (Don't get me wrong, this is bullshit and I don't think it should be given a second thought, so I hope it won't.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    10. Re:So essentially they want people to pay by Red+Flayer · · Score: 1

      I agree with you re: the 30-second clips. But for other downloads, not so much.

      If you distribute a show via broadcast, cable, satellite, or DVD, you pay royalties. Why should video downloads be excepted?

      I think there needs to be an even playing field regardless of distribution method. (Just like terrestrial radio should be assessed the same royalty rates as streaming radio).

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    11. Re:So essentially they want people to pay by dougisfunny · · Score: 1

      But the ASCAP isn't interested in the actual song "product" just the performance of it. Regardless, it still doesn't make sense to call it a performance.

      --
      This is not the funny you're looking for.
    12. Re:So essentially they want people to pay by tompaulco · · Score: 1

      pretty much EVERY other industry in the world would like their products advertised for free, and if someone did that for them they certainly wouldn't sue over it.
      Well, they would if you didn't license it. For example, you may notice that a Coca-Cola sweatshirt costs more than a blank sweatshirt, even though you are advertising their product for them for free. In fact, the reason that the Coca-cola sweatshirt costs more is because the manufacturer has to pay licensing fees to be allowed to print Coca-Cola on the shirt. If they did not pay the licensing fee, they would indeed get sued.

      --
      If you are not allowed to question your government then the government has answered your question.
    13. Re:So essentially they want people to pay by Angostura · · Score: 3, Insightful

      No, simply pass along the charge. "You want to check whether this is the right song before you purchase? Sorry that will be 10c on this song". Let's see how sales go, shall we?

    14. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      RIAA by any other name stinks the same.

    15. Re:So essentially they want people to pay by MightyMartian · · Score: 3, Insightful

      Sounds like it's time for an anti-trust investigation!

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    16. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Because it was absurd in the first place.
      No wonder costs of producing movies / TV shows are going up if you need a bloody legal army to clear rights to every trademark, 5 second music or video clip appearing in them.

    17. Re:So essentially they want people to pay by gilgongo · · Score: 4, Insightful

      Whaaat? 360,000 composers, songwriters, lyricists, and music publishers in the US ALONE.

      What does that mean? That there are perhaps MILLIONS of such people world wide?

      I don't know about anyone else, but when there are that many "artists" clamouring for money, and I'm seeing so much derivative, boring crappy "art" being produced by them, I'm thinking they can kiss my pink shiny arse.

      I mean, it's not as if music makes the world go round. I'm sure we can lose a few of these people and not notice any difference.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    18. Re:So essentially they want people to pay by DriedClexler · · Score: 1

      But a shitload of acronyms *do* appear in your post...

      --
      Information theory is life. The rest is just the KL divergence.
    19. Re:So essentially they want people to pay by mysidia · · Score: 5, Funny

      Doesn't hurt Apple that much, if people still use their store and iTunes library to keep track of everything, to assure lock-in.

      Maybe Apple can be kind and replace the "play 30 sec sample" link with a BitTorrent link, for those that choose not to let apple provide the sample for free.

    20. Re:So essentially they want people to pay by Darkness404 · · Score: 1, Interesting

      Sure, but right now Apple pretty much has convenience as their main selling point. (especially now with variable pricing, they are no longer the cheapest). If you have to go to a different and cheaper store to get one or two popular artists, why not buy your entire collection there? The main reason why I use iTunes is that I have to use it to sync my iPod, if I was going to buy songs in the easiest way I would the the iTunes music store. If I have to go to Amazon or some other provider which is cheaper for my music, one song or a hundred songs pretty much take the same amount of effort to import to your iPod.

      --
      Taxation is legalized theft, no more, no less.
    21. Re:So essentially they want people to pay by Anonymous Coward · · Score: 3, Interesting

      O RLY? Do you realize how many individual artists ASCAP represents?

      I think you should keep "represents" in quotes; most of the artists signed up on ASCAP never see a dime, thanks to the idiotic policy of only paying based on radio airplay. Yep, that's right - places that wouldn't be caught dead playing the latest teen bubblegum are paying "license fees" that end up in the hands of those artists.

      Well, the money does go one other place - the pockets of ASCAP executives. Wonder where the iTunes money will go?

    22. Re:So essentially they want people to pay by mcpkaaos · · Score: 0, Offtopic

      i think a lot of cultures actively endorse masturbation

      I'd just like to take this opportunity to say that I actively endorse masturbation, in moderation.

      --
      It goes from God, to Jerry, to me.
    23. Re:So essentially they want people to pay by multisync · · Score: 4, Insightful

      The problem there is that virtually every artist is a member of ASCAP or BMI. You drop those groups and you drop your primary market share, and if you were Apple, would you want to lose your top sellers?

      True, but there have been numerous reports in recent months of digital sales rising as the sales of CDs fall. I think Apple's response should be to stop providing free 30 second commercials for the songs they sell, and charge copyright holders for this advertising, just as television, radio and print media charge for ads.

      If individual rights holders do not wish to pay for this advertising, they can take the chance that potential buyers will find out about their offerings via other methods, like word of mouth, or the payola-sponsored airplay they get on Clear Channel stations.

      This is very similar to Rupert Murdoch wanting to charge Google for helping readers (and potential targets for their ads) to find the stories they publish. Same solution - offer to continue indexing their site for a nominal fee. If they don't like those terms, cut 'em off for six months and see how they feel about it then (if they're still around).

      --
      I don't care why you're posting AC
    24. Re:So essentially they want people to pay by mysidia · · Score: 1

      A sample assists in making a decision to buy. People may see advertising for a product, but that doesn't really tell them if they want it or not. A product sample or demo is one of the most important ways that a prospective customer learns about a product in order to make a purchase.

      The shirts are sold as souvenirs for Coke fans. Just like Microsoft has SoftWear, and just about every large company on the planet sells shwag. The additional cost is about as much about the cost of imprinting the logo as it is about any "license" fees.

      Coca-Cola has saturated the market, and their name is already famous, they have no need for you wearing a shirt with their name on it: it doesn't advertise or enhance the image of their brand at all.

      This is very different from offering a sample of a product to see if consumers want it.

      Heck... most software programs are available as a 30-day demo version, so possible customers can try the software. Even Windows itself is available in this way.

      Windows doesn't need the extra advertising, everyone knows it exists.

      The sample assists in making a decision to buy. People see the advertising, but that doesn't really tell them if they want it or not.

    25. Re:So essentially they want people to pay by Tetsujin · · Score: 1

      Were I Apple, I'd drop people who charged for it.

      iTunes has gotten to a saturation point with so many artists that the ones who demand payment would just have to be the ones who afford to lose out on that market. iTunes doesn't *need* them, anymore, and neither does Amazon.

      I'm not sure that's true any more. iTunes really is not the only game in town any more - and with DRM having basically fallen out of favor there's not a substantial technical barrier to people using another music store, either.

      --
      Bow-ties are cool.
    26. Re:So essentially they want people to pay by Chyeld · · Score: 1

      Here's a reality check for if someone isn't getting paid for their song being used in a film or show, the person they should be going after for money are the film/show makers. Not the third party distributor.

      If you sit around in theaters after the movie ends much, you'll notice the songs used end up in the credits, that's because the producer licensed the music for the movie. I.E. they've paid the pound of flesh already. If they haven't, that's on them, not anyone else.

      Distributing it over the 'magic internet' doesn't change that fact.

    27. Re:So essentially they want people to pay by GumphMaster · · Score: 1

      As for the music contained in shows and movies, RIAA already collects a piece of every DVD sale or VHS sale or TV rerun. It makes sense they'd want to collect a few pennies off the internet sale too. So I don't have a problem with it.

      I do. The author and performer of any music present in a DVD's content has already been paid for by the producer of the DVD content and is already factored into the sale price that Joe Average pays. It matters not whether that content is delivered by carrier pigeon on disc, downloaded, or tapped out in Morse code: it has still been paid for. If ASCAP's authors/performers aren't happy with the deals the signed to allow the music into the DVD then they should take that up with the DVD content producer not the end retailer/user.

      --
      Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
    28. Re:So essentially they want people to pay by amicusNYCL · · Score: 1

      Haha, indeed..

      For your information, this has nothing to do with the Recording Industry Association of America. This is the American Society of Composers, Authors, and Publishers. The term "RIAA" doesn't even appear in the fucking article.

      Now for the TLA-impaired.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    29. Re:So essentially they want people to pay by TubeSteak · · Score: 4, Insightful

      ... Those acts would likely be paid both sync and performance fees [for tv and film]. But the person who writes the little-known background music heard during a fight scene may not see any sync money. That's because traditionally, composers of this kind of production music gave away sync rights in the hope they would make money from performance fees.

      "This is really a fight about the future," [president and CEO of the NMPA] Israelite said. "As more and more people watch TV or movies over an Internet line as opposed to cable or broadcast signal, then we're going to lose the income of the performance. For people who do production and background music, that's how they make their living."

      "There has grown up in the minds of certain groups in this country the notion that because a man or 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 guaranteeing such profit in the future, even in the face of changing circumstances and contrary to the public interest. This strange doctrine is not supported by statute nor 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."
      Life-Line by Robert A. Heinlein, 1939

      --
      [Fuck Beta]
      o0t!
    30. Re:So essentially they want people to pay by BLKMGK · · Score: 5, Interesting

      I use iTunes for my iPhone - and I never buy anything there, I buy it all on Amazon because I prefer the more portable MP3 format. You seem to think that purchasing from Amazon and importing into your collection is difficult. Nothing could be further from the truth!! Well, not if you are running Windows anyway. You see Amazon has an MP3 download application that will place the downloads in an area you designate AND it will import them into iTunes automatically. -> http://www.amazon.com/gp/dmusic/help/amd.html/ref=sv_dmusic_3 This is a simple application and one that they displayed to me when I purchased an album in order to "help me". Honestly I really like using Amazon except for their new policy for pricing up more popular tunes. Seldom is it that I cannto find what I want and when that occurs I do sometimes turn to iTunes.

      As for this current idea to charge for these samples. RIAA listen up - when I am browsing through a "store" and I think I've found what I want I listen to it briefly to see if it's the right song or more foten the right version of the song. If I could not do this I would go back to how I used to get music - swapping HDD with friends or perhaps using a Torrent. I have gone legit primarily because DRM has been dropped from purchased music and because the quality finally meets MY expectations (mostly). If you prevent various online stores from allowing me to listen to samples, and especially if you try to setup your OWN store and push out established companies - which I wouldn't put past you with dick moves like this - then I WILL go back to how I used to get music. Most likely, due to your stupid hounding of torrent sites, I will simply swap drives again and go back to buying used CD - which I will then sell right back after ripping. I'd prefer to stick to buying legit frankly but.....

      RIAA - get a freaking clue!

      --
      Build it, Drive it, Improve it! Hybridz.org
    31. Re:So essentially they want people to pay by KreAture · · Score: 1

      Can you sue them back for fraudulent behaviour or something?
      For a film, you licence the music. Why should you then pay again when you finally get someone to watch it?

      Sounds to me like they want the cake, and also to lick the bowl and spoon. Then they want the crums you usually give the dog. Finally, any pictures of the cake are their property and eny description of it too. Inaccurate descriptions are slander and if you discuss the contents of the icing you may be trialed for espionage.

    32. Re:So essentially they want people to pay by McFortner · · Score: 1

      Next, ASCAP will want you to pay for that song you have stuck in your head....

      --
      Beware of Sales Reps bearing gifts.
    33. Re:So essentially they want people to pay by commodore64_love · · Score: 0, Offtopic

      I wouldn't know much about that, but I respect the rights of others to believe whatever they want to believe. If you want to be gay, be gay. If you want be jewish, be jewish. And if you want to teach your kids masturbation is a sin, then teach them.

      It's *none* of my business how you choose to live your life - gay, jewish, or otherwise. And certainly Not my right to overrule your decision and order you or your children to be straight, christian, or pro-masturbation. I am not your master, and you are not a serf.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    34. Re:So essentially they want people to pay by Red+Flayer · · Score: 3, Informative

      If you sit around in theaters after the movie ends much, you'll notice the songs used end up in the credits, that's because the producer licensed the music for the movie. I.E. they've paid the pound of flesh already. If they haven't, that's on them, not anyone else.

      Distributing it over the 'magic internet' doesn't change that fact.

      It does change that fact. You are aware that the distribution volume impacts the royalties paid, right? The 'pound of flesh' is not exactly a pound just because song are listed in the credits... that pound is a variable amount depending on sales volume of tickets.

      And you are also aware that as distribution on the "magic internet" increases, traditional distribution will decline? And thus the content distributors will pay less in royalties?

      And perhaps you're also unaware that the movie theaters (the 3rd-party distributor) pay the ASCAP royalty fees indirectly as part of their payment to the movie studio, which is volume-based?

      Seriously, you need to brush up on your knowledge of how the industry works, and drop the condescension ("magic internet"? gimme a break) when making claims that simply don't stand up to how things actually work.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    35. Re:So essentially they want people to pay by Gerzel · · Score: 1

      There again a tire advertisement does not move your car down the road, nor does a Tylenol ad actually remove a headache for a little while(and the need to take a Tylenol with it).

      On the other hand I doubt that this really represents the interests of musicians or performers especially since the artists should already be getting paid for their music being downloaded by a previous agreement.

    36. Re:So essentially they want people to pay by commodore64_love · · Score: 1

      >>>The author and performer of any music present in a DVD's content has already been paid for

      Yes they were paid a salary, but they are also entitled - by contract - to get residuals for every sale on DVD (about 20 cents), or rerun on TV (about 5 dollars). It's like how salespeople get a salary plus a commission. Writers/singers have a similar deal.

      Perhaps you disagree with salespeople or writers earning commissions off each sale, but nevertheless that's what their labor contract stipulates.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    37. Re:So essentially they want people to pay by Gerzel · · Score: 1

      The problem with IP such as music and movies is that there are several pseudo-governmental entities such as ASCAP, RIAA, MPAA, Sound Exchange, etc. that claim to automatically represent any particular music user's legal interests without those individuals ever giving even the slightest bit of consent. Some of these entities go so far as to collect royalties and payments for various individuals without ever getting permission from them or seeking out the slightest contact, taking the money when those individuals do not show up or refuse to pay for their check writing service or jump through other onerous beurocratic hoops.

    38. Re:So essentially they want people to pay by commodore64_love · · Score: 1

      Not getting paid for shows being aired on the internet is why the Writers Strike happened ~2 years ago. And I don't have a problem with that. They already get about 5 dollars every time an episode appears on television, so why shouldn't they get paid a few dollars when those same episodes appear on the net?

      So they went on strike, they held their ground, and now the Writers are getting paid for internet broadcasts. That's democracy and contract/labor law in action.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    39. Re:So essentially they want people to pay by omnichad · · Score: 3, Interesting

      You don't license the music when you put it in the movie. You license the music for each copy, and each broadcast you make. Stupid and time-consuming, yes. That's why it's ASCAP and BMI and not individual artists going for royalties. Radio and TV commercials pay individual for every broadcast of every song, whether that song is in a movie or in a TV commercial. There's some pretty fancy software that keeps track of this for them.
       
      It's so convoluted that you can't even LEGALLY include popular music in a wedding video, because they don't provide any way to license the music for a measly 5-10 copies of the video.

    40. Re:So essentially they want people to pay by commodore64_love · · Score: 1

      >>>Distributing it over the 'magic internet' doesn't change that fact.

      Every time a DVD is sold, the writers/singers get about 20 cents. If said movie or show is sold via internet, they should get paid for that as well.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    41. Re:So essentially they want people to pay by jedidiah · · Score: 0, Offtopic

      > Christian, Muslim, Jewish, Buddhist (or so I've been told). And I don't need to prove it,
      > since it's a belief and beliefs are a protected right.

      Sure you do. If you expect to be taken for anything but a total nutter,
      you will justify the claims you make. Not every religion on the planet
      is fiercely anti-intellectual. Some of the people you would like to lump
      yourself in with there would be very much offended by your mindless attitude.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    42. Re:So essentially they want people to pay by SpacePunk · · Score: 2, Interesting

      They could make it sting harder than that. Just stop offering sound samples for all ASCAP music.

    43. Re:So essentially they want people to pay by Anonymous Coward · · Score: 2, Interesting

      This is what killed radio. I previously used radio as a way to find out about new music so I could figure out what I'd like to buy. The same with the old (long ago) MTV and VH1. Then the copyright holders started charging for that. The free advertising ended, and this probably precipitated the drop in music sales that the industry credits to piracy. I simply stopped buying because I didn't know what to buy anymore. The airwaves, instead of advertising this stuff, were instead full of DJs talking.

      Now, I can sample stuff online before I buy. Combine that with a recommendation engine, and I've bought more music online (Amazon Marketplace and Amazon downloads) in the past few years than ever before.

      If they take away that free advertising, I'll be back to where I was several years ago, unable to figure out what I'd like to have. I'm definitely not going back to the days of getting suckered into buying one-hit wonders because I can't sample them. So I guess music sales get to drop again.

    44. Re:So essentially they want people to pay by russotto · · Score: 1

      If you distribute a show via broadcast, cable, satellite, or DVD, you pay royalties. Why should video downloads be excepted?

      Distributing a DVD does not require performance royalties.

    45. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      If I were Apple, I would have made sure my high-priced lawyers included language in the artist agreement that covered the 30 second samples. Apple doesn't buy CDs, rip them and then selling them. They either sign agreements with labels or accept contributions from artists directly. In both cases there is a contract, either written by Apple or in cooperation with the major labels, that can easily cover the 30 second samples. I would be very surprised if Apple's legal team overlooked this issue.

      And if Apple has that contract prior to selling anything through the iTMS, it doesn't matter what ASCAP thinks Apple should have to pay...Apple has explicit permission to use the 30 second samples for free. ASCAP's purpose is to collect royalties when compulsory licenses are used in place of negotiated licenses. And that doesn't seem to be the case here.

    46. Re:So essentially they want people to pay by Chris+Kamel · · Score: 4, Insightful

      Why drop the people? Just continue to carry the songs with no samples. A simple message "We're sorry but this artist refuses to let us serve you with a sample of the song before you purchase" should suffice.
      They'll get back in line in no time when the sales plummet.

      --
      The following statement is true
      The preceding statement is false
    47. Re:So essentially they want people to pay by Thing+1 · · Score: 0, Offtopic

      You have something of a point, but the root of the instruction is: the testosterone will out itself, in some manner. Either through nocturnal emissions (i.e., laundering your sheets before your parents find out), through masturbation, or through sex, consensual or not.

      Just look to the animal kingdom; it's healthy and natural for organisms to rid themselves of excess hormones, and unfortunately we can't just sweat them out. So cutting off the tip of your children's manhood, in the false hope that they won't take up "that sin" is the height of not only hypocrisy, but also child abuse.

      Off on a tangent, perhaps, but the root of circumcision was to reduce masturbation. Which is completely natural, as our more-hairy ancestors demonstrate in the zoos. The UK government has it right, and thank you for playing.

      --
      I feel fantastic, and I'm still alive.
    48. Re:So essentially they want people to pay by Attila+Dimedici · · Score: 1

      O RLY? Do you realize how many individual artists ASCAP represents?

      The majority of mainstream artists (or their publishers) are members of ASCAP, iTunes and Amazon are all about catering to mainstream culture.

      That's because for the most part they have to join ASCAP to collect performance royalties. Do you really think those artists are just going to leave that money lying on the table? Just because they joined ASCAP to collect that money doesn't mean they support the positions taken by ASCAP.
      As to the idea of some other marketplace replacing Itunes and Amazon,where is a start up going to come up with the money to pay the "performance fee" for demos of songs? You know where you go in and listen to a short clip for free to decide if you like the song enough to pay for it? ASCAP wants Itunes and Amazon to pay for that, do you really think that they won't pass that cost on to you?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    49. Re:So essentially they want people to pay by Anonymous Coward · · Score: 1, Funny

      Excellent use of the word arse. People, take note.

    50. Re:So essentially they want people to pay by icebike · · Score: 2, Insightful

      EXACTLY.

      Pop up a little text box that says this vendor will not
      allow you to listen to a preview.

      Problem solved. Buyers will run away from those artists as fast as they can.

      --
      Sig Battery depleted. Reverting to safe mode.
    51. Re:So essentially they want people to pay by shark72 · · Score: 1

      There's an interesting dichotomy here. We generally regard the record labels (as represented by the RIAA) as the "bad guys," and the artists (who are represented by ASCAP) as the "good guys." We are generally in favor of ASCAP, as it allows artists to make money via a revenue stream that the record labels can't touch. But whenever ASCAP does something in its own interests, our hatred toward them burns just as brightly as it does for the record labels.

      The popular wisdom on Slashdot (I'm not inferring that it's correct) is that artists don't actually make money on song sales. If ASCAP's scheme were to become reality, it would (per popular Slashdot wisdom) finally allow the artists to make a little money, too.

      While in general I wouldn't mind if Apple threw ASCAP a bit of money, the additional costs would likely be reflected in higher prices. While I'm generally a big fan of musicians and I understand ASCAP's obligation here to try to get as much money for the artists that they can, I think this is a bad move. A 30-second clip for the purposes of generating a sale should fall outside the boundaries for licensable performances.

      --
      Sitting in my day care, the art is decopainted.
    52. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Apple should simply charge ASCAP $0.15 per sample listen as an "advertising distribution fee", sit back and profit

    53. Re:So essentially they want people to pay by Chyeld · · Score: 1

      And that's tied into the licensing agreement with the .... PUBLISHER. Not the distributor.

    54. Re:So essentially they want people to pay by PitaBred · · Score: 2, Interesting

      I've never been in favor of either of them. ASCAP are a bunch of assholes, as big or bigger than the RIAA. ASCAP does not help the artists. They take a tax out of every venue on the assumption that there might be some music played by some artist that they represent. And the redistribution works like with the RIAA... the top acts get a ton of cash, the rest get fuck-all. After ASCAP takes their fees, of course. ASCAP is just as much of a cancer on 90% of artists and the public as the RIAA is. They want to control whose music gets played so they can take their pound of flesh. Fuck them.

    55. Re:So essentially they want people to pay by Paradise+Pete · · Score: 1

      People, take note*.

      *royalties on that note not included.

    56. Re:So essentially they want people to pay by Chyeld · · Score: 1

      Are you having fun attempting to miss the point? You stated it yourself. The movie theaters pay ASCAP

      indirectly as part of their payment to the movie studio

      If you strained more at comprehension and less at attempting to backhand someone because you think you have a better grasp of the topic then they, you'd have come out of that realizing that was exactly my point. You don't go after the distributor for your pound of flesh. If you think you aren't getting your 'fair share' of the profits here, you go after the people you actually have (or should have) a licensing agreement with: The producers.

      Do you honestly think that every Best Buy, Wal-Mart, Target, and other misc. store out there that sells DVDs should be purchasing an ASCAP license to be able to sell those? You are ridiculous and more than stupid greedy if so. And if not, WTF is the magic behind the idea of Apple having to for the same privilege?

      And more importantly WTF is ASCAP's angle on this given they are supposed to be collectors for public performances, not mechanical copies.

      This is double dipping, and on top of it, it's the sort of double dipping ASCAP has been slapped across the face by the government more than once for trying to pull.

    57. Re:So essentially they want people to pay by MBGMorden · · Score: 1

      Doesn't hurt Apple that much, if people still use their store and iTunes library to keep track of everything, to assure lock-in.

      You're not familiar with what "lock-in" is are you? You see if someone buys an MP3 off Amazon or Wal-mart's online store and then uses iTunes to manage it, they're not locked into anything. If they so chose they could copy their library to their Linux machine and have Songbird managing it a few hours later with nothing more than a folder scan. Lock-in was what Apple had when iTunes had DRM - they've lost that now.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    58. Re:So essentially they want people to pay by sixsixtysix · · Score: 1

      giving someone a viable option with positive societal value is interfering? no one is going to force people to do it.

      --
      ...
    59. Re:So essentially they want people to pay by Jaime2 · · Score: 2, Interesting

      I'm still new at this, so maybe I'm doing something wrong. But, I found that if I put something from iTunes and sync it to my iPhone, then it will sync with my copy of iTunes at work. However, for my non-iTunes music, it won't sync. Apple's approach to DRM seems to be -- "If people complain about the inconvenience of DRM'd music, we'll simply make non DRM'd music even less convenient". My iPhone is my first, and probably my last, Apple product I ever buy.

      I was also amazed that my iPhone doesn't act like a flash drive when you hook it up with a USB cable. What kind of control freak company made this thing? Oh wait... never mind. Even jailbreaking it doesn't really fix this issue.

    60. Re:So essentially they want people to pay by kimvette · · Score: 1

      That would be great because every track sold = publishing fees going to ASCAP. By people's not buying tracks because they cannot hear the sample first, they'll lose out on the publishing fees. Everybody wins!

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    61. Re:So essentially they want people to pay by Roogna · · Score: 1

      But then they should be going after the -studios- for their share of the profits from iTunes/Amazon/what have you sales. Going after Apple/Amazon/whoever would be like asking Walmart for a share of each DVD they sell, right at the register, before they've even paid the distribution company, who actually has the rights to distribute the product to, oh wait.. stores, for sale...

    62. Re:So essentially they want people to pay by Old97 · · Score: 1

      I have a Mac and I've found that whenever I download an MP3 or AAC file from any source it goes to my iTunes library because that is the setting I have - the default setting. So there is nothing about iTunes or iPods that restrict you or in anyway impedes you from acquiring music from other sources than Apple.

      --
      Very often, people confuse simple with simplistic. The nuance is lost on most. - Clement Mok
    63. Re:So essentially they want people to pay by Burning1 · · Score: 1

      True, but there have been numerous reports in recent months of digital sales rising as the sales of CDs fall. I think Apple's response should be to stop providing free 30 second commercials for the songs they sell, and charge copyright holders for this advertising, just as television, radio and print media charge for ads

      False comparison. When the Ford dealership airs an ad about the F150s they have in stock, Ford does not pay them any money.

      Distributors market products to drive sales. Manufacturers market products to drive distribution. The only people who get money for ads are media outlets.

    64. Re:So essentially they want people to pay by diamondsw · · Score: 1

      Just more evidence of Sturgeon's Law.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    65. Re:So essentially they want people to pay by Golddess · · Score: 4, Insightful

      You do realize that Apple dropped DRM from all of their music quite a while ago, right? So your whole point about "Apple making non-DRMd music less convenient than Apple's DRMd music" is complete nonsense. Or did they add it back when I wasn't looking?

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    66. Re:So essentially they want people to pay by bandmassa · · Score: 1

      I agree, and Apple saved the traditional/label music industry with the iTunes model, too.

      People, stop buying music from major labels and hunt out unsigned artists you like. Stop buying what the commercial radio tells you is "good" and start buying (and legally free) downloads you actually like from artists who aren't enslaved by the label model. Pay the artist directly, if they need a middle man, they're ripping you off.

      --
      "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
    67. Re:So essentially they want people to pay by Junior+J.+Junior+III · · Score: 1

      Someone should pop a CAP in their ASS. Just sayin'.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    68. Re:So essentially they want people to pay by mysidia · · Score: 2, Informative

      You can't sync your iPhone from Songbird, you still need iTunes.

      The lock-in is the iTunes software won't sync to competitors' hardware devices.

    69. Re:So essentially they want people to pay by BLKMGK · · Score: 1

      Honestly I've not tried synching my iPhone with more than one copy of iTunes - or rather I have but when I try to get it to synch music and video it tells me it will ERASE all of my music and video and put the selections from the second copy on my phone. So, I've never gone further than that! 99.9% of my music is my own MP3 with only maybe 3 songs from Apple so maybe theirs do get treated differently - I dunno'.
      .
      I too have been a bit irked that it doesn't just show up as a drive but that was to satisfy content owners who no doubt didn't want you taking your iPod to a friend's house and giving them your tunes and vice versa. I am sure it was also to lock you more solidly into their products, who knows what other reasons. that you didn't know this before buying is kind of amusing - this was my first "iPod" and I knew it beforehand.
      .
      That said - I do find iTunes to be a complete PITA to use. It's NOT intuitive to me at all and having to make playlists etc. to get music onto my phone is painful. Somehow I have even managed to put multiple copies of the SAME song on my phone - very odd. I deal with it though and my music is on there but I do really wish it was easier and more intuitive. I suppose it makes sense to someone somehow but for me it's just overly complicating getting files from one place to another and making backups!

      --
      Build it, Drive it, Improve it! Hybridz.org
    70. Re:So essentially they want people to pay by BLKMGK · · Score: 1

      I have found that Apple does things a bit differently for the Mac version of iTunes or seems to anyway. I have a Mac Mini and because of this I'd like to switch to using it to backup and synch my iPhone. Except when I try it gives me scary warnings about how in order to do so it will first have to remove all of my music and videos - gee thanks!
      .
      This whole one computer centric way of doing things with my phone pisses me off. I DID allow my Mini's copy of iTunes to look over my heyuge music collection and was happy to see it didn't puke. I FIRST made sure I corrected the DEFAULT setting that would have had it copying and renaming, and doing only who knows what to my music. Heaven forbid you should organize something yourself in the Mac world!
      .
      Their iPhoto picture app spent DAYS copying all of my damned pictures from my NAS to my Mini - seems the Mac wishes to be the center of all of my media and I really hate that aspect of it...
      .
      Anyway, yes it is possible to easily add in music to the iTunes library from other download sites. However I think the original poster thought it would require an added step and really it doesn't. You can use the Amazon app which is automatic or you can just drag\drop the file onto iTunes if you want - I've done both on Windows...

      --
      Build it, Drive it, Improve it! Hybridz.org
    71. Re:So essentially they want people to pay by arminw · · Score: 1

      ....substantial technical barrier to people using another music store, either....

      However, even music bought in another online store, such as Amazon, eventually, most likely, ends up on an iPod anyway. Apple doesn't make a whole lot of money on the iTunes store, but it is a vehicle to sell more iPods. Apple is in the business primarily of building and selling great hardware, such as the iPod, iPhone and Macintosh. The iTunes store is just a means to increase their sales of hardware.

      --
      All theory is gray
    72. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Ok, what if Apple decided to abandon hosting the 30-second preview, and forced the record companies to host the clips from their own servers (I believe CDNow.com did that when they were the biggest music store online)

    73. Re:So essentially they want people to pay by rickkw · · Score: 1

      Now let's be fair to RIAA and the artists. After all, they are human and how else do they all the money to finance their drug habit? I'd say that not only should they charge Apple, they should charge the customer who bought the songs each time they listen. Heck, they should charge any stores that openly displays the album covers. Any shoppers passing by that glances at the CD albums must also pay to be fair.

    74. Re:So essentially they want people to pay by timmarhy · · Score: 0, Flamebait

      only if you want to pay a premium.....

      --
      If you mod me down, I will become more powerful than you can imagine....
    75. Re:So essentially they want people to pay by TubeSteak · · Score: 1

      Sounds like it's time for an anti-trust investigation!

      From what I understand, the Government sued ASCAP and BMI in 1941, won, and the two groups have been operating under an antitrust consent decree (designed by the DOJ, administered by a Judge) ever since. It was modified in 1950(?) and has been the law of the land ever since.

      Sooo.. yea, the current situation is the tail end of the big trust-busting era of the early 1900s.

      --
      [Fuck Beta]
      o0t!
    76. Re:So essentially they want people to pay by jo_ham · · Score: 1

      The "premium" was to update any tracks you previously bought that had DRM on them.

      All new stuff that you buy since the change has no DRM and is the same price. There's no premium for buying DRM free.

    77. Re:So essentially they want people to pay by roguetrick · · Score: 1

      I wonder if the record companies, who I imagine apple made their contracts with, would have any sway over the artist's stance on this one. I'm thinking not.

      --
      -The world would be a better place if everyone had a hoverboard
    78. Re:So essentially they want people to pay by Anonymous+McCartneyf · · Score: 1

      If individual rights holders do not wish to pay for this advertising, they can take the chance that potential buyers will find out about their offerings via other methods, like word of mouth, or the payola-sponsored airplay they get on Clear Channel stations.

      Yes, let's throw the RIAA into the briar patch!
      Okay, maybe forcing everyone to get their samples from ClearChannel and American Idol isn't what would be best for the music execs. But it is what the music biz seems to want.

      --
      There is a fine line between recklessness and courage... -- Paul McCartney
    79. Re:So essentially they want people to pay by Anonymous Coward · · Score: 1, Insightful

      I find that people like Rick Carnes, are not the sharpest knife in the kitchen drawer. If he is getting $.02 checks, it means that he signed a stupid contract and/or no wants to buy his music.

      In any case, for the last 40 years of my life, I could walk into a record store and listen to samples of musics, even whole tracks to decide if the record/cd (yes, I use to buy vinyl that way) is worth buying.
      Either the music is compelling that I would buy it or it isn't. It is completely stupid that ANYONE should get any money so a customer can to get a clue if an "artist creation" is worth the exchange of money.

      Should oil painter get a money if anyone looks into a window of an art gallery?

      Would Rick Carnes suggest that no one should be able to look at the pages of a book in a book store before they decide whether they buy a book or not.

      Carnes et al's thought processes have no social redeeming value... which I think that the Supreme Court rules was obscene and should not be publicly displayed.

    80. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Free yourself from iTunes:

      1. Jailbreak
      2. Install PwnPlayer (Once you jailbreak look for it in cydia)
      3. skreemr.com (or rip CD's)
      4. Use any of a variety of means to copy mp3's to iphone's filesystem
      5. Play music using PwnPlayer.

    81. Re:So essentially they want people to pay by hairyfeet · · Score: 1

      While that is true, the simple fact is folks ain't about to give up their iPods. The iPod has so become a part of the culture that whenever anyone sees me with my Sandisk I get asked "What kind of iPod is that?". And what works really well with an iPod? Why iTunes of course!

      So they can bitch and grumble and try to get greedy all they want, but the media companies know Apple has them bent over for once. Why do you think they were so quick to allow Amazon DRM free music? Because they desperately want there to be someone BESIDES iTunes, so they can eventually kill iTunes and jack the hell out of their prices. If they had their way any song that was even a slight hit would probably be closer to $2 a track, maybe more. never underestimate the greed of these little piggies. But if Steve Jobs tells them to piss up a rope, well there are a hell of a lot of iPods out there, and not too many would be willing to risk losing such a huge market, especially with the young.

      The bigger worry is they'll just go to our corporate blowing whores....err I mean congressmen, and just bribe their way into a law that just says they get a check from everybody. Another failed model that is "too big to fail" and gets paid ever increasing profits no matter what they do, simply because they are good at bribing whores...err lobbying congress. See Sonny Bono Act and DMCA for past examples.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    82. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Were I Apple, I'd drop people who charged for it.

      iTunes has gotten to a saturation point with so many artists that the ones who demand payment would just have to be the ones who afford to lose out on that market. iTunes doesn't *need* them, anymore, and neither does Amazon.

      iTunes and Amazon could start behaving more like the people who are badgering them for more money.

      Want us to feature your products? There'll be a per-product fee for that.

      Want your products placed in the search engine so users can find it? There's a per-product fee for that.

      Is your product to be hosted on our servers? There's a fee for that. Server infrastructure and data storage costs money you know.

      User accesses a your product information page? There's a per-page view fee for that. Server infrastructure and bandwidth costs money you know.

      User wants to listen to a sample of your product? There's a per-listen fee. Server infrastructure and bandwidth costs money you know.

      User purchases your product? There's a fee for that. Secure transaction server infrastructure, credit processing, and bandwidth to deliver the product costs money you know.

      I wonder how ASCAP would react to something like that.

    83. Re:So essentially they want people to pay by shark72 · · Score: 2, Interesting

      "I've never been in favor of either of them. ASCAP are a bunch of assholes, as big or bigger than the RIAA. ASCAP does not help the artists."

      I've talked to some folks who've made a couple of hundred bucks a month from radio airplay. These weren't big-name artists. If you're of a certain income, you might scoff at a measly couple of hundred bucks a month -- but for a struggling songwriter (and most are), it can pay for groceries or the rent. For the lesser-known songwriters and lyricists, it's not uncommon to make more money in performance royalties than you make in mechanical royalties paid by the label.

      "They take a tax out of every venue on the assumption that there might be some music played by some artist that they represent."

      Sorta. If you want to play music licensed through ASCAP or BMI then you purchase a license. It's not mandatory. If you have, say, a bar or club and you don't thik you'll get any financial gain out of playing music at your establishment, then you can skip the license.

      "And the redistribution works like with the RIAA... the top acts get a ton of cash, the rest get fuck-all. After ASCAP takes their fees, of course."

      You're correct that fees are distributed roughly in proportion to popularity. The song and lyric writing biz is a bit unfair this way; popularity often doesn't scale to talent. They used to measure only by radio airplay sampling, but in recent years they've made it more equitable, by getting playlists from satellite and Internet radio stations, for instance -- which play a lot more eclectic and lesser-known music.

      "ASCAP is just as much of a cancer on 90% of artists and the public as the RIAA is."

      If you're a songwriter or lyricist, there are tons of good reasons to join ASCAP/BMI, and no reasons not to. There's a one-time $25 fee to apply, but if you don't think that you'll be able to collect $25 in performance royalties during your career, perhaps you're in the wrong business!

      The RIAA certainly doesn't care about you; they look after the record labels and they certainly don't have your interests in mind. They wouldn't even offer mechanicals if they weren't legally obligated to. By contrast, ASCAP has your back. They're run by and for artists. If you get minor airplay only on obscure XM stations, can you expect to get as big a check as the guy who wrote Beyonce's latest hit? No, but this isn't an ASCAP issue. ASCAP is just there to be an advocacy organization for artists; they're not obligated to pay each member equally.

      Remember, ASCAP's primary function is to collect and redistribute royalties. Their operating costs are a small, small portion of the fees they collect and pass through. The RIAA is a trade organization for the record labels the record labels pay them, not the other way around.

      --
      Sitting in my day care, the art is decopainted.
    84. Re:So essentially they want people to pay by grapeape · · Score: 1

      But this really only hurts the "no name" artists. People get pummeled with the "popular" stuff daily from other sources so they know what they are getting. The little guys have to rely of word of mouth, genius suggestions and snippets without the snippets the chances of turning a sale decrease dramatically. Sounds like more of a control issue than anything to do with real money.

    85. Re:So essentially they want people to pay by jamstar7 · · Score: 1

      I don't have an iPhone. Fact is, the phone I want is this one. I've been told it's a mockup, but shouldn't be hard to build from a cheap Motorola and a lot of alcohol to free the creative juices...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    86. Re:So essentially they want people to pay by tinkerghost · · Score: 3, Insightful

      but lets say that Apple cut off the newest "teen" pop artist, suddenly iTunes just got replaced with whatever digital store sold them (or possibly FrostWire or BitTorrent).

      If Apple suddenly dropped them, people aren't going to replace iTunes, their going to replace the musician. People are way to lazy to find another source for their music - especially when there are another 200 manufactured bands out there that sound exactly the same.

    87. Re:So essentially they want people to pay by dtaciuch · · Score: 1

      You're doing it wrong. If it's in your iTunes Library, and selected for sync, it'll sync. I've sync'd Amazon purchases, CD rips, and Internet Archive downloads (concerts and movies) to my iPod with no problem

    88. Re:So essentially they want people to pay by jonathan2.0 · · Score: 1

      The reason behind charging: xkcd.com/411/

    89. Re:So essentially they want people to pay by Thanshin · · Score: 1

      Ask the suing organization for the author list and send those authors the following message.

      "An organization that has become hostile to our business model includes you in it's represented clients.

      Please confirm such affiliation so we can remove your works from our offer.

      Thank you."

    90. Re:So essentially they want people to pay by blackraven14250 · · Score: 1

      Completely correct. They got rid of "iTunes Plus", which was their DRM free music library, and changed their entire regular album to the former "iTunes Plus". Then they got rid of all the music whose owners didn't agree to the new terms of DRM-free distribution.

    91. Re:So essentially they want people to pay by Macgrrl · · Score: 1

      I hope you paid royalties to Heinlein's estate for quoting him in this context...

      --
      Sara
      Designer, Gamer, Macgrrl in an XP World
    92. Re:So essentially they want people to pay by TheTurtlesMoves · · Score: 1

      How did you get your arse shiny? Pink i understand......

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    93. Re:So essentially they want people to pay by blackraven14250 · · Score: 1

      This is a different story though. This is Apple taking maybe ~34 cents a song, while the artists get ~9.5 cents per song, which is from the record companies who take a whopping ~65 cents. There's no reason these groups should go after Apple, if the numbers I found with a quick Google are even ballpark-correct. They should go after the guys who are taking more, if you ask me. Apple isn't the bigger target, the record companies are. Honestly, in every other industry, it's almost always a 50/50 split. I know the jeweler I used to work at used to get everything at 1/2 the retail value, and I'm sure many other industries work the same way. Apple has a constant expenditure to maintain the store, even thoguh it is a small one. The record company can just build a couple of studios and have everyone they sign record there, which is a big expense at first, but when you have an artist who sells around 700000 albums in a year (this was Papa Roach's "Getting Away with Murder" Album I grabbed that sales number for), at .99c a song, with 12 songs, you've got ~8.3 million bucks to distribute right there. If they were all sold through Apple, Apple would've made 2.8 million, while the recording company would've gotten ~5.4 million. Come to think about it, how does anyone get away with that shit? People I know can write an album's worth of decent music (definitely more meaningful, probably not as catchy to the average idiot than that album) in the span of a week, how is that worth such serious cash?

    94. Re:So essentially they want people to pay by mabhatter654 · · Score: 4, Insightful

      See that's where ASCAP won the battle but lost the war a few years back. Anything Hollywood publishes TODAY, they will secure full distribution rights to before releasing.. movie, DVD, rentals, youtube... etc. After ASCAP shenanigans with things like "Freaks and Geeks" holding up DVD distribution because the studio "didn't pay for that", studios won't even add your song without the blanket contract in place so that the music rights tag along with all their other distribution rights. Music publishers went thru the same thing back the Napster days.... they won't publish an album on CD unless the songwriter and artist grant all the various digital rights as well. Publishing execs nailed these guys down in the last few years after being repeatedly sued and now the money tree is shut down while Apple is neatly flying high in the aftermath. ASCAP overreached, and was inflexible and difficult to deal with... they got shut down by careful paperwork. Now they want Congress to step in and create another new "royalty" because they're not getting a good enough deal on the ones they already signed.

    95. Re:So essentially they want people to pay by mabhatter654 · · Score: 1

      ASCAP is asking for a legislated mandatory royalty, just like they get for radio/TV/performance/webcasters and just like Sound Exchange gets for performance artist from webcasters.This means EVERY track has to pay another royalty... even tracks you would publish yourself... because nobody can be sure you're really you when broadcasting, so we have to collect royalties from everybody, for everybody to be fair. This amounts to "free money" for song previews that only a few artists are ever going to see.

    96. Re:So essentially they want people to pay by GuyverDH · · Score: 1

      Next thing you know, the RIAA will tax the ASCAP for a license to sell performances, and the ASCAP will try to tax the RIAA for every performance contained within every license sold....

      Two black-holes formed from the dead-soulless-gravity-sink groups that kill the performers and rob them of their souls, money and livelihoods.

      --
      Who is general failure, and why is he reading my hard drive?
    97. Re:So essentially they want people to pay by mabhatter654 · · Score: 1

      This is ASCAP.. they represent the people that write lyrics and sheet music and "paper" music publishers. The RIAA represents Performance Artists and Recording publishers... at least blame the right guys today.

      What you have is that the RIAA publishers secured open-ended deals with music writers for all forms of publishing CDs and DVDs and downloads before doing the recording... after being sued for years, the RIAA labels and MPAA studios made sure to dot "i"s and cross "t"s and won't add any song to a soundtrack without those rights from all artists and writers secured. ASCAP just realized that the "standard form" the labels and studios insist on just shut down their little protection racket, and worse cut them out of the money loop by going straight to the artist first.. just like good contracts should.

    98. Re:So essentially they want people to pay by mabhatter654 · · Score: 1

      Except that ASCAP was one of the first to sue studios years ago. Remember how series with lots of classic music couldn't be made into DVD sets because of clearances.. the studios got those clearances and added "digital rights" in every new contract. ASCAP is upset because those contract essentially cut ASCAP out of things like iTunes as the rights are squarely in the studio/label's hands.

      The writer's strike was an honest dispute because studios were essentially not paying for plays because the contracts didn't say "digital broadcast" or "digital sale".. playing games that "sold it on iTunes" wasn't the same as "sold it on DVD box set", let alone add based services like Hulu or subscriptions like Netflix when "pay per view" on cable was included.

    99. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      And perhaps you're also unaware that the movie theaters (the 3rd-party distributor) pay the ASCAP royalty fees indirectly as part of their payment to the movie studio, which is volume-based? .

      If it is already paid for indirectly, why should they be paid again directly? To me it looks more like a problem between the movie studio and ASCAP.

      By this logic, everyone listed in the endcredits of a movie could demand an extra payment this way.

    100. Re:So essentially they want people to pay by mabhatter654 · · Score: 1

      That's correct, movies and TV shows negotiate for inclusion rights up front as an amount of THEIR royalty fees for the show. There was big dust up about this when shows started going to DVD and songwriters/artists started demanding extra royalties for DVD releases. I'd expect any movie soundtrack to have all it's songwriter/artists royalties pre-contracted tied to performance royalties of the show in any medium (television, movie, dvd, iTunes, netflix, video on demand, etc) for anything in the last 5 years going forward. I'd expect the studios negotiate directly with artists or don't include the music. period. It's Clearances 101 now.

    101. Re:So essentially they want people to pay by jonbryce · · Score: 1

      If you switch to your mac, it reformats your ipod/iphone to hfs format from fat format. You should back up your itunes library on your pc, restore it on your mac, and then sync it with your mac.

    102. Re:So essentially they want people to pay by Mythrix · · Score: 1

      Hmm, so could Apple instead start requiring money from ASCAP for advertising their songs with the 30s clips?

    103. Re:So essentially they want people to pay by Omestes · · Score: 0, Offtopic

      The problem is dictating beliefs to children. I am a rather rabid atheist, and have a big problem with teaching clap-trap in schools (creationism, pure abstinence, etc...), but I have to admit, for the sake of fairness, that us atheists also shouldn't be dictating our values to the religious, no matter how much I think they're a bunch of silly loons. I personally think its fine to flog your knob to your heart's content, but I don't think our schools should say so. Shouldn't our schools focus on... you know... reading and math skills, instead? If I, as a parent, have a serious... pardon the expression... hard on against masturbation, then I have a reasonable objection.

      Of course beleifs are a protected right, you (in general, not referring to anyone specific here) are free to beleive that anything is a sin and I am free to beleive that your beleifs are laughable. I'm free to mock them too.

      Mocking is fine, dictating how our children learn is a different thing.

      But then again, I think the Christian idea of teaching only "abstinence" is silly, and oddly science agrees with me.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    104. Re:So essentially they want people to pay by jez9999 · · Score: 1

      See what happened to The Pirate Bay for providing BT links. :-)

    105. Re:So essentially they want people to pay by Omestes · · Score: 2, Informative

      Sorta. If you want to play music licensed through ASCAP or BMI then you purchase a license. It's not mandatory. If you have, say, a bar or club and you don't thik you'll get any financial gain out of playing music at your establishment, then you can skip the license.

      This is almost, but not quite, true. Its the "not quite" that is bothersome, since ASCAP will try to leverage money out of you WHETHER OR WEATHER NOT you actually plan on playing ASCAP music, on the off chance that you might accidentally do so. If I own a bar or coffee shop that has live music, ASCAP still wants money on the off chance that someone MAY play a cover of a song covered by them, even if no one ever does. I've talked to several smaller touring artists who are not ASCAP members who complain non-stop about ASCAP.

      IF, ASCAP actually only charged per-play I would have no problem with them, but they try to leverage fees... JUST IN CASE. This is extortion.

      They also try to block small, nonprofit, venues (like weddings and larger parties) from playing music that may or may not be licensed to them. There is a line here, if I choose to play music at my (nonprofit) wedding with a 10s of guests, then they really have no moral (if not legal) right to try to grab money from me. And most of the money they grab goes to the BIG people, and probably not the people I will play at my wedding/bar/coffee house, thus the artists I may possible theoretically infringe upon see minimal benefit.

      This iTunes thing is another reason to question their legitimacy. They are making money from those 30sec samples, but appearently would rather secure a short-term revenue stream over actually making money for their members.

      You're correct that fees are distributed roughly in proportion to popularity. The song and lyric writing biz is a bit unfair this way; popularity often doesn't scale to talent. They used to measure only by radio airplay sampling, but in recent years they've made it more equitable, by getting playlists from satellite and Internet radio stations, for instance -- which play a lot more eclectic and lesser-known music.

      Nor does it scale to who I actually play. It is rather odd that if I, as an owner of an establishment, never play Birtney Spears, she still gets money from me just by essence of her being more popular.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    106. Re:So essentially they want people to pay by M-RES · · Score: 1

      The new version of iTunes lets you sync more than one machine - should work with your phone/pod. You can also manually add any tracks that aren't currently on your phone/pod from another library by dragging them from the library window onto the pod/phone icon in the devices list on the left in iTunes.

      You can also use the pod (not sure about the phone, someone else with experience of them may advise) as a drive, you just have to tick the option for it under the ipod info/settings pane in iTunes (click Pod icon in devices list on left, under the 'summary' tab look for 'options' and tick the box at the bottom of the list). When it's in drive mode, you still can't access the music/content directly though - it is all about satisfying the entertainment industry.

      You don't have to make playlists to get music on there, just sync your library and you music will be added anyway, along with any playlists you made. If your library is too big for your device meaning auto-sync doesn't work then it's not really Apple's fault that you bought a device too small to hold it all, hehehe ;P There are 3rd party apps that will find duplicates and remove them for you, a quick Google will show you this. Personally I wouldn't say that a piece of software which by default automatically syncs your library on your computer and mobile device every time you plug it in is overcomplicating things - if anything it's oversimplifying things. However, Apple are at least kind enough to give me a modicum of control over customising how I use it beyond this default simpleton state.

      There are also 3rd party apps out there (some are FREE!) which will allow you to rip the contents of your pod/phone to another machine if you need to. But for most people, the fact they just 'plug it in' and 'it just works' (which it does out of the box) is the most intuitive thing you could imagine.

    107. Re:So essentially they want people to pay by bami · · Score: 2, Insightful

      Except Apple (or any other generic online music store)

    108. Re:So essentially they want people to pay by rdnetto · · Score: 1

      pretty much EVERY other industry in the world would like their products advertised for free

      In fact, some of them want it so much that they actually pay them to do it...

      --
      Most human behaviour can be explained in terms of identity.
    109. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Can't wait to see the music artists going on strike! It will be a big surprise for somebody... but I don't think it will be the listening public...

    110. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      1: apple music has no DRM
      2: http://code.google.com/p/iphonebrowser/downloads/list (ofc i'd rather have the phone behave as a drive, but you *can* copy to it directly, for free etc)
      3: i do not even own an iphone or mac. just and old ipod actually

    111. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      FYI, this has nothing to do with the RIAA. This is ASCAP. The term "RIAA" doesn't even appear in TFA.

      FYI, while what you say is technically true, in practice it doesn't matter since they're equally evil and made up of mostly the same companies and organizations. Of course, you already knew this, but chose to not mention it, for some reason. It is relevant, though.

    112. Re:So essentially they want people to pay by rohan972 · · Score: 0, Troll

      How did you get your arse shiny? Pink i understand......

      apparently you get 360,000 composers, songwriters, lyricists, and music publishers to kiss it.

    113. Re:So essentially they want people to pay by Maximum+Prophet · · Score: 1

      That's why ASCAP wants a law. One that says "Everyone pays for any clip". That way independents won't be able to make side deals.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    114. Re:So essentially they want people to pay by intheshelter · · Score: 1

      I disagree that they need to collect more money off movie downloads. When a song is used in a movie the recording industry (ASCAP, etc.) is payed a licensing fee. I do not know if it is a one time fee or a per sale fee, but they are paid and agreed to that licensing structure. If they want more money then they need to negotiate that with the movie producers, but they already agree for that music to be licensed for that video production so they are not entitled to anything else. Lobbying for laws to be written on this subject is ridiculous.

    115. Re:So essentially they want people to pay by mcgrew · · Score: 1

      for advertising their product for free

      Isn't that what the internet radio fees do?

    116. Re:So essentially they want people to pay by jittles · · Score: 1

      You completely missed the point here, my friend. The point is I bought almost none of my music off iTunes. That means that when I bring in my phone to work and sync it with itunes there, it does not sync my music onto my work computer. However, the parent is claiming that if you buy the music via iTunes, they do sync it to your work computer.

      Whether that is true or not, I don't know. I didn't think they let you sync music to multiple machines in the first place. If it is true, and it wouldn't surprise me, I'll be pissed because that has been one of the biggest things I hate about my phone.

    117. Re:So essentially they want people to pay by mcgrew · · Score: 1

      RIAA listen up - when I am browsing through a "store" and I think I've found what I want I listen to it briefly to see if it's the right song or more foten the right version of the song.

      I stopped doing that before Napster, iirc. The thirty second snip just doesn't cut it.

      When Santana's Supernatural album first came out I thought about buying it, as I was a Santana fan decades ago but hadn't heard anything new from them in years. So I logged in to CD-Now to listen to the thirty second snips. I wasn't impressed. "Hmmph", I thought, "Santana really went downhill." So I didn't buy the CD.

      Christmas came a month or so later, and lo and behold one of my daughters bought the album for me, and it was a GREAT album. The thirty second snips had cost them a sale that they would have otherwise made -- or would have cost them had my daughter not bought it for me.

      If they'd had full versions of the songs in low quality 128 MP3s of the CD, I would have bought the CD.

      Unfortunately for the major lablels, Napster and lawsuits started and I joined the boycott. I haven't bought anything but indie music since. If I want RIAA fare I just sample it from the radio or buy it used.

    118. Re:So essentially they want people to pay by initialE · · Score: 1

      Are you crazy? making your consumers take on the battle takes you out of the arena. They're going to be pissed at Apple, not ASCAP, for not standing up for them.

      --
      Starbucks, Harbuckle of Breath.
    119. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      They want to control whose music gets played so they can take their pound of flesh. Fuck them.

      Well, that's one way to give them a pound of flesh. Here's to hoping Apple bends them over and gives it to them.

    120. Re:So essentially they want people to pay by OMEGA+Power · · Score: 1

      ASCAP needs distribution. Just like the labels agreed to many things they didn't like to get on iTMS (DRM-free distribution, selling singles instead of albums, fixed pricing, etc) they will see that Apple dominates the digital music distribution industry and even they are not stupid enough to give up a large, established revenue stream chasing a new one which they have never received before (how many stores that have kiosks to allow you to preview CDs are paying performance fees?)

      Early iterations of services like the legit Napster, PressPlay, Rhapsody, etc showed what the industry wants from digital music and also showed that the vast majority of customers will opt for piracy or nothing ahead of that option. The people in charge of RIAA and ASCAP are obviously out of touch with reality but they are, if anything, bean counters and will almost certainly be able to look at the numbers and see that they stand to lose far more than they stand to gain by making a stand on this nonsense. I think that if Apple simply says no this new demand will go away. If popular artists start disappearing from iTunes it is pretty much certain that a significant number of people who would have purchased them will torrent them instead and that is the last thing the labels want.

    121. Re:So essentially they want people to pay by Steauengeglase · · Score: 1

      My gut reaction says no, what they want is for you to pay a subscription service to use your ears. Somebody has to have a copyright on the "song" that car horn just played, right?

      On the other hand and I'm guessing this is the real fear. You could easily take the best part of the song, put it out as a preview clip and in reality you are just giving away ring tones for free.

    122. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      If you have an iPhone, you can sync songs bought from elsewhere using iTunes.

      If you dont have an iPhone, you dont need to use iTunes. You dont even need iTunes to play the music bought from iTunes.

      Where is the lock-in?

    123. Re:So essentially they want people to pay by sootman · · Score: 1

      Do you realize how many individual artists ASCAP represents?
       
      And do you realize who's the largest music retailer in the world? I'm pretty sure ASCAP will fold on this one.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    124. Re:So essentially they want people to pay by Doggabone · · Score: 1

      I use iTunes for my iPhone - and I never buy anything there, I buy it all on Amazon because I prefer the more portable MP3 format. You seem to think that purchasing from Amazon and importing into your collection is difficult. Nothing could be further from the truth!! Well, not if you are running Windows anyway. You see Amazon has an MP3 download application that will place the downloads in an area you designate AND it will import them into iTunes automatically.

      Easy on a Mac too, but the one-step of the Amazon application is a deft touch.

    125. Re:So essentially they want people to pay by rjolley · · Score: 1

      I FIRST made sure I corrected the DEFAULT setting that would have had it copying and renaming, and doing only who knows what to my music. Heaven forbid you should organize something yourself in the Mac world!

      This is the best feature of iTunes. I don't have time or patience to meticulously hand-sort and rename all of my music files after I rip or buy them online. Also, it's optional, and one of the first things iTunes asks you about after installing it.

    126. Re:So essentially they want people to pay by rjolley · · Score: 1

      If you switch to your mac, it reformats your ipod/iphone to hfs format from fat format. You should back up your itunes library on your pc, restore it on your mac, and then sync it with your mac.

      I have used plenty of windows formatted ipods with my mac. You can sync a fat formatted ipod on a mac but not an hfs formatted ipod on windows (with itunes at least.)

    127. Re:So essentially they want people to pay by Wireless+Joe · · Score: 1

      In other exciting news: Serta has decided to start charging consumers who lay down on their mattresses in show rooms. GM has decided to start charging people at dealerships who want test drives. Levis has decided to charge everyone who takes a pair of their jeans into a fitting room. DeBeers has decided to charge people who to engagement rings taken out of jewelry cases to try on their fingers.

    128. Re:So essentially they want people to pay by mcgrew · · Score: 1

      It's so convoluted that you can't even LEGALLY include popular music in a wedding video, because they don't provide any way to license the music for a measly 5-10 copies of the video.

      That's another reason for a radically shorter copyright term. It's a good thing patents don't last as long as copyrights or technological progress would nearly stop. Sometimes it seems artistic progress HAS stopped.

    129. Re:So essentially they want people to pay by commodore64_love · · Score: 0, Offtopic

      >>>>>> Christian, Muslim, Jewish, Buddhist (or so I've been told). And I don't need to prove it, since it's a belief and beliefs are a protected right.
      >
      >> Sure you do. If you expect to be taken for anything but a total nutter, you will justify the claims you make.

      Or what? You going to strap me to the rack and stretch my body until I either recant my belief that masturbation is a sin, or else die??? Come on. This is not the middle ages. This is a modern, liberated society where people are free to believe whatever they want to believe in regards to sex, and the crown/government has no authority to overrule. We are FREE citizens, not serfs.
      .

      >>>Not every religion on the planet is fiercely anti-intellectual.

      STRAWMAN ARGUMENT. I didn't say they were anti-intellectual. Most religions like Catholicism have very well-reasoned arguments for why they think masturbation is a sin against God, and will likely protest strongly against the UK government health monopoly telling schoolkids "it's good to masturbate".

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    130. Re:So essentially they want people to pay by commodore64_love · · Score: 1

      >>>Telling kids to jerk it seems far more responsible.

      I value you your opinion, but since is a free country where individuals are liberated, I'm going to completely reject it. I don't see a problem with masturbation, but for some cultures it's a mortal sin that will damn you or your kid to hell for all eternity. They should be free to follow their own morality without interference from the crown. That's what liberty means.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    131. Re:So essentially they want people to pay by mcgrew · · Score: 1

      What RIAA is basically doing is trying to block customers from discovering music which will ultimately hurt sales.

      They WANT to hurt sales. That's why they are so opposed to internet radio and P2P. But it's the indie competeion whose sales they're trying to hurt; they have radio's free advertising.

    132. Re:So essentially they want people to pay by commodore64_love · · Score: 1

      Yeah but Apple also happens to be the distribution company, so the ASCAP is targeting the correct person.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    133. Re:So essentially they want people to pay by Painted · · Score: 1

      By using Acme Brand Ass-Wax, of course! "Nothing better than Acme, for all the ass that's fit to wax!"

      --
      http://marsandmore.com - Posters of space, spacecraft, and astronomy.
    134. Re:So essentially they want people to pay by Red+Flayer · · Score: 1

      Are YOU having fun missing the bigger picture, or are you going to continue to harp on the concept that since the producers originally licensed the content for certain means of distribution, no distributor should have to pay royalties?

      Here's the thing... producers license the performances for specific distribution. The producers do not always control the end-distribution, so if distribution of the product falls outside the scope of their license and their control, the producers should not be liable for royalties. Whether the producer collects and remits the royalties to ASCAP, or the distributor does, the problem is that there is a means of distribution that escapes royalty payments, and that means of distribution is replacing the means of distribution where royalties are collected.

      This can be fixed by either making sure the producers pay for downloaded performances, or it can be fixed by making the distributors pay. It doesn't matter which method is used, except that making the distributors pay is more efficient since it cuts out a middle-man. You are focused on where the royalties are collected, which is not the actual problem.

      This is completely ancillary to whether or not you or I believe royalties should be paid. If they ARE paid, then there should be a level playing field for all means of distribution. That level playing field currently does not exist, and that is what I have a problem with. That is my point.

      Your condescension and scorn is still misplaced.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    135. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      You do realize that if it isn't in iTunes it won't sync? And you don't need to buy from iTunes for that? I have purchased *one* album from iTunes (wasn't otherwise available and is DRM'd) and *all* of my music that has been imported into iTunes is available on my iPod or iPhone. I have ~80GB of music, all mp3, not purchased from Apple and all works just fine with iTunes, iPod and iPhone.

    136. Re:So essentially they want people to pay by Miseph · · Score: 1

      Of course they would, but the start up might not, and therefore just sell at a lower rate.

      Or they would only carry music by artists who explicitly allow such 30-second snippets, require lower per-track fees in the first place, and likely aren't affiliated with any of those trade groups. If this caught on, and they couldn't find an angle in, this would be RIAA apocalypse, but that doesn't really sound so bad for the rest of us.

      --
      Try not to take me more seriously than I take myself.
    137. Re:So essentially they want people to pay by david_thornley · · Score: 1

      Only if your connection to iTunes has less than several years lag, actually. Right now, all iTunes music is DRM-free, and I haven't noticed the prices going up.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    138. Re:So essentially they want people to pay by photomonkey · · Score: 1

      It's not the artists.

      The only thing I hold the artists personally responsible for is signing bad contracts with the labels.

      But what's their alternative? That's the way the present system is set up.

      If you don't like what they're selling, don't buy it. Obviously what they're selling is in demand by many, or there wouldn't be the fights over money. But don't think that someone's creative talent rests with their representation.

      This is indicative of a greater problem in the world economy. There are so few people that actually produce anything anymore (whether it's a machinist making engine blocks or a guitar player making music), that a huge chunk of the economy revolves around being a middle man.

      Just like present US insurance problems, this is simply obsolete middle-men trying to protect their cube jobs; and the artists and consumers are expected to foot the bill.

      Artists do need to band together, because they will get screwed otherwise, but the middleman cartels aren't looking out for those they represent, not are they looking out for the consumer. They're doing whatever they can to keep their jobs.

      The clear and vast majority of artists in any medium are not rich, and don't have anything but the average person's "wouldn't it be great to be dirty rich" attitude. Day-to-day, they want to make the same living you do.

      --
      Message contains 1 attachment: spam.gif
    139. Re:So essentially they want people to pay by Jeprey · · Score: 1

      Actually you bring up a good point. In general, the artists are no longer the copyright holders any more and RIAA typically owns the non-performance rights. This seems like an interference or restraint of trade in a lot of ways that RIAA might decide to pursue based on their natural predilections.

      This is really about the batshit crazy/unreal structure of music copyright which separates artificially the source code, the executable and the execution as three separate chargeable entities. ASCAP "owns" the execution portion. RIAA generally "owns" the source and executable portions. This could blow the current static legal arrangements out of the water because you can't clearly separate all three as well on the intertubes which is why you have the issues with file sharing. It's a stupid system.

      ASCAP is the entity that threatens Brownies, Blue Birds and Girl Scouts for singing songs to little grandmothers in nursing homes.

      ASCAP also often demands performance fees from clubs or venues that play music that ASCAP doesn't even have a right to claim such as indie artists who write and perform their own original works and who still hold all copyrights themselves. I'm really hoping someday they cross the wrong indie artist who throws DMCA back at ASCAP for false claimed rights. Karma's a bitch and they have bad karma on back-order.

      ASCAP is as evil, unprincipled and immoral as the RIAA any day of the week. It wouldn't bother me to see them self-destruct themselves in a war with RIAA or a suicide attack on Apple. You don't go up against the dominant distributor of your own product without expecting to come away without a severe limp afterward. Didn't they learn that with the early RIAA experience in the late 1940s? Or do they imagine Apple is somehow weak right now? Mental midgets down at ASCAP.

    140. Re:So essentially they want people to pay by Anonymous Coward · · Score: 0

      Agreed. . most artists will get and release outside of ASCAP... we certainly would without a second thought.

      They're not representing us in this matter and we're all pretty comfortable with our $$ made in the industry.

    141. Re:So essentially they want people to pay by orgelspieler · · Score: 1

      They did? Then why am I having difficulty authorizing a sixth computer to play this music that I bought last week? Do I need to download a patch for iTunes or something?

    142. Re:So essentially they want people to pay by bigngamer92 · · Score: 1
      I disagree. Just look at how outraged some people got with the Kanye thing at the VMA? Those people would scream bloody murder if Apple stopped including their favorite artist.

      OK bloody murder is extreme, but they would find a way to get the song and that's lost money for iTunes.

    143. Re:So essentially they want people to pay by Chyeld · · Score: 1

      If a work isn't licensed to be distributed in a specific manner, then it shouldn't be distributed in that manner. Period.

      If the work is licensed, then the flowchart ends here, not five more steps down where it asks if you've shook down the distributor as well.

      There is no legitimate reason to ever push the cost of licensing off onto the distributor. If the producers want (and dare) to raise the cost of the product to accommodate the license (and they have already) then they should do so.

      Seriously, bigger picture? Here's the bigger picture, if I sell someone a used DVD, according to you I'm liable for a license fee because the DVD had an ASCAP represented soundtrack on it. Absurd!

    144. Re:So essentially they want people to pay by Red+Flayer · · Score: 1

      There is no legitimate reason to ever push the cost of licensing off onto the distributor. If the producers want (and dare) to raise the cost of the product to accommodate the license (and they have already) then they should do so.

      Yeah, you're totally not getting it.

      (A) Producer makes product containing licensed items
      (B) Producer sells (or licenses) content to distributor
      (C) Distributor sells (or licenses) content to consumer.
      (D)Producer makes royalty payments to licensor based on volume of (C), which is assessed via shipping volume and RTV (in the case of DVDs) or via Nielsen or other ratings (for broadcast/cable/etc).

      It really doesn't matter who makes the royalty payments, as long as they are only made once. The problem with downloaded items is that the royalty payments are never made, at all. To make everything have a level playing field, the royalties should be paid. It's most efficient for the distributor to pay, eliminating the producer as the middle man.

      Here's the bigger picture, if I sell someone a used DVD, according to you I'm liable for a license fee because the DVD had an ASCAP represented soundtrack on it. Absurd!

      No. You don't read very well, do you? For DVDs, the royalties are paid by the producer based upon distribution volume. (Discs shipped) - (Returns + destroys) == sales volume; royalties paid based upon sales volume (ignoring advance royalties based on print run, and offset of the advance against royalties due). A DVD sale from me to you has already had its royalty paid. A download sale from me to you has NOT had its royalty paid, so that should have the royalty assessed.

      But whatever, man, I know you're carrying your righteous flag, and you can continue to beat that straw man as long as you like. I'm not going to waste any more time arguing with someone who doesn't understand that download sales are currently treated differently wrt royalties than broadcast or physical sales, and that this differing treatment creates a problem for artists, and that the fairest resolution to the problem (assuming that royalties are paid at all) is that all distribution methods are subject to the same royalties.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    145. Re:So essentially they want people to pay by nortcele · · Score: 1

      Yeah it is pretty stupid to make Apple, Amazon, or other e-tailers pay for the 30 second samples used to promote songs. Oftentimes I have looked at an artist and thought, "I have no idea who this is," but once I heard the 30-second sample I recognized the song and bought the CD.

      Exactly. Just this last week I was searching on iTunes for a song called Primavera. The search results included Mariza singing a song called Primavera. It wasn't the one I was after, and I had never heard of Mariza before. However, I absolutely loved her voice on that song and bought the album. Can't understand a word of Portuguese, but I still love the music. Like everyone else, I have spent hours searching and listening to 30 second clips of music on iTunes. I've got a folder on my desktop titled "Albums to Buy" that have many links to iTunes pages with plans to buy the real physical CD's (I like to actually have the CD if possible). None of those would be there without the 30 second clips.

      So if the RIAA wants to do this, fine. It will push them further into obscurity in this digital age.

      Everyone deserves paid for the REAL work they do, and since the Internet has connected artists more directly to their fans... let the artist collect >=50% of the money for song. If the middleman provides real value then pay them. If not, cut them out. I'm just completely fed up with the movie, music, and clothing industries pushing what THEY think should be popular.

      I feel so much better now with that all off my chest.

    146. Re:So essentially they want people to pay by BLKMGK · · Score: 1

      I might have liked that years ago when I first put together my collection. However iTunes wasn't even a glimmer in anyone's eye at the time and I did my own thing. Now 500+ GIGs later I'm not willing to let any program mess with my files! It has taken me ages to get the tags right, to get the album art correct, to get the folder tags right. Heck, half the programs that I have loaded up to look at my collection choke and DIE trying to index it let alone do anything with it.
      .
      MAYBE one of these days I'll make a backup and let iTunes go nuts with it but only if I can keep the files in place on my nice protected unRAID rather than having them copied to the too small drive on my Mini or to one of my PCs. That much music and work to organize it isn't something I'd ever trust to just one drive or to one backup either.... Hrm, iTunes doesn't like WMA either does it? I have a few songs in that format as well as FLAC and OGG - somehow I don't think letting iTunes manage this is going to be a great idea but maybe one day for a science experiment I'll try (lol).

      --
      Build it, Drive it, Improve it! Hybridz.org
    147. Re:So essentially they want people to pay by sixsixtysix · · Score: 1

      so masturbation should just be relegated to the sidelines with no discussion whatsoever? should they also stop talking about pork consumption? where does it end? fuck it, sharia law for everyone? the parents bestowing these beliefs on said children do far more harm than a school saying that masturbation is ok to do, which is neither claiming it to be a right or good. not everything that is ok to do is a good thing btw.

      --
      ...
    148. Re:So essentially they want people to pay by turgid · · Score: 1

      This is indicative of a greater problem in the world economy. There are so few people that actually produce anything anymore (whether it's a machinist making engine blocks or a guitar player making music), that a huge chunk of the economy revolves around being a middle man.

      Highly insightful.

    149. Re:So essentially they want people to pay by Golddess · · Score: 1

      That is odd, since I just successfully played some music in iTunes, that was purchased through iTunes, on a non-authorized machine. I'm hardly qualified to offer tech support, but I'd make sure you've got the latest version of iTunes.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    150. Re:So essentially they want people to pay by gilgongo · · Score: 1

      If you don't like what they're selling, don't buy it.

      I think you'll find that for the long tail of artists under contract, hardly anyone does buy them. This is EXACTLY WHY the collection agencies (who work for the recording industry) fight so hard to squeeze royalties from us.

      While only about 1 in 10 bands recoups the investment that record labels put into them, that doesn't mean the labels won't try to recoup as much as they can in the process, and by whatever means necessary.

      I think that what we're seeing right now is the exposure of the fact that since the 1950s, art has been industrialised, and like much industrialisation, it has been working at vast over-capacity for decades, relying for its profits on tiny numbers of artists making vast amounts of money (the Elvises, the Jacksons). The fact is that now we have a free and efficient distribution and communication system, that over-capacity is now obvious for all to see.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    151. Re:So essentially they want people to pay by Thing+1 · · Score: 1

      It seems to me that your government is trying to undo the damage done throughout the ages by all those Catholics, Jews, Muslims, etc. But, sure, continue on your holy crusade.

      --
      I feel fantastic, and I'm still alive.
    152. Re:So essentially they want people to pay by Tharsman · · Score: 1

      Soon we will have to pay to watch advertisements on TV that have running music, after all, thats music performance and we should pay to hear the lovely music on that annoying ad that just interrupted the frigging TV show I wanted to watch... :)

  2. Somebody please by slazzy · · Score: 5, Interesting

    Dig a grave for this dead industry.

    --
    Website Just Down For Me? Find out
    1. Re:Somebody please by Anonymous Coward · · Score: 5, Insightful

      No need to. They're digging it on their own.

    2. Re:Somebody please by Anonymous Coward · · Score: 1, Insightful

      We don't have to aparently their dead set on digging it themselves.

      How about every music store that lets you listen to the entire album if you want?

      Their is NO WAY in hell I'd ever pay for an unknown artist without hearing samples and I'm sure I'm not alone, so they're just screwing themselves.

    3. Re:Somebody please by Daniel_Staal · · Score: 5, Insightful

      Well, duh: They don't want you paying for an unknown artist. They want you paying for their over-hyped sensation-of-the-week.

      Because being able to create and throw away those sensations-of-the-week is what keeps the record companies in business: It's their advertising, their handling, and their contacts that make that possible. If you start buying artists you've never heard of because you like their music their entire business model goes out the window.

      --
      'Sensible' is a curse word.
    4. Re:Somebody please by registrar · · Score: 2, Interesting

      That won't work for them. If the unknown performers give Apple permission to play 30 sec clips for free, that will be a major advantage to the unknown performers. It's not smart to put barriers in the way of people who want to investigate your product, especially if the competition can easily remove them for their product.

    5. Re:Somebody please by Daniel_Staal · · Score: 2, Insightful

      Which is why you go make it a law that everyone has to be paid. Then the unknowns have to take the money, even if it hurts them.

      --
      'Sensible' is a curse word.
    6. Re:Somebody please by Grishnakh · · Score: 1

      That's why ASCAP is doing it. Basically it's a group that every signed musician is part of, whether they like it or not. So this isn't something that individual musicians can opt-out of.

    7. Re:Somebody please by Anonymous Coward · · Score: 0

      A big chunk of the music industry still thinks that music is a limited resource. Or at least they want to project that image.

      Fact of the matter is that music is a commodity and a nearly worthless one at that. The amounts of music being produced is insane. (And should someone actually come up with something unique that is also good, a million second rate producers will try to copy it in a matter of weeks to get in on the new scam so to speak.)

      So, I agree. This industry needs to die. Maybe to be reborn into something new, but if not, a billion amateur musicians will happily keep your ipod filled.

    8. Re:Somebody please by Mitsoid · · Score: 1

      agreed...

      I bought 3 CD's 9--technically 7, two 'bundles') last night (first time buying CD's in almost 2 years)...

      Spent 9 hours last night getting 2 of the CD's copied.

      I swear, if they were on LimeWire I would just download the songs there instead, it's *BLEEPING* ridiculous that I can't (un less than 5 hours per cd) get this music in my Winamp library due to copy protection..

      Why pay for a product that I cant put on my ipod? Am i supposed to carry an iPhone, Walkman, and use a 200-disc changer in my car to listen to music? with 5 copies of each disk so I can not CD-juggle every 2 minutes??

    9. Re:Somebody please by agnosticnixie · · Score: 1

      Not every, only 300k or something (and that includes songwriters) - a hell of a lot of indie acts are not on ascap at all. And of course they would then be also competing with foreign acts who are not trying to do business suicide.

    10. Re:Somebody please by Omestes · · Score: 1

      Spent 9 hours last night getting 2 of the CD's copied.

      Care to elaborate on this? I haven't bought a physical disk in some time (around 3 years), but I don't remember them taking nearly that much time, unless your ripping them to Flac at the lowest possible speed, and even then this is a BIT* long... Ripping to 300-200bps, though, should only take 30 minutes top, depending on the length of the CD.

      I don't think I've ever ripped a CD that took longer than 20 minutes.

      *by "bit", I of course mean very long.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    11. Re:Somebody please by Anonymous Coward · · Score: 0

      Seriously, for a country that is so dead-set against labour unions you sure do let a great number of 'Associations' away with some fucked up shit.

      You really telling me that individual artists can't just stop paying their dues to this ASCAP and have nothing more to do with them?

    12. Re:Somebody please by Grishnakh · · Score: 1

      My understanding is that, if you want to get paid royalties for public performances of your music (like on the radio), you in effect have to be an ASCAP member. So it's like they're a monopoly.

    13. Re:Somebody please by Grishnakh · · Score: 1

      As I said to someone else, my understanding is that, if you want to get paid royalties for public performances of your music, you pretty much have to be an ASCAP member.

      Anyway, what gave you the idea that the USA is dead-set against labor unions? We have tons of them: the autoworkers, and also various building trades too, and of course the teachers. You just hear a lot about people who are against them. It's another one of those things where this country is deeply divided: probably 1/2 the country likes unions (because they're part of one), and the other 1/2 hates them because they see all the things that are wrong with unions (making it too expensive to operate in this country, because you have to pay way too much and because you can't fire bad employees).

      Also, the political party (Democrats) that's a big friend to the labor unions is also a big friend to the RIAA, MPAA, etc., and I don't think that's a coincidence. The Dems seem to like to cozy up to groups like that, which purport to be working for the small guy, but in reality aren't at all, and are only working to increase the power of the bosses at the top.

    14. Re:Somebody please by agnosticnixie · · Score: 1

      Well, in the US, yeah, unless you're a) part of BMI or b) don't give a damn. But with BMI they form a cartel, which is kind of ironic since BMI exists exactly because ASCAP used to be a monopoly.

  3. I'm not sure what's worse: Job's Mob or the RIAA by Anonymous Coward · · Score: 0

    No comment otherwise; they know who I am, and I'm next !!

  4. Outrage by oldhack · · Score: 5, Funny

    Man, this makes SOOOOOOOO angry. Someone should write a song about this.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    1. Re:Outrage by ZekoMal · · Score: 5, Funny

      Man, this makes SOOOOOOOO angry.

      Saxons Of Otherwise Ordinary Occupations Originate Over On Ontario is angry about this? I hear it's rare to make them mad...

    2. Re:Outrage by Anonymous Coward · · Score: 0

      A song so bad only Pink could perform it.

    3. Re:Outrage by Pandare · · Score: 1

      Splitters!

    4. Re:Outrage by selven · · Score: 1

      I agree, making those people mutually assuredly destruct is quite a challenge.

    5. Re:Outrage by SammyIAm · · Score: 2, Informative

      So angry that pronouns start to go missing! (Or ZekoMal is right)

    6. Re:Outrage by Achromatic1978 · · Score: 1

      --
      IANAL, but IAALS, and as such, this is not legal advice. I couldn't even be your lawyer if I wanted to. But I can make a

      A what? Don't hold out on us, man! What can you make? Besides a signature that's too long for Slashdot!

  5. Congress Laws - new Business model? by Anonymous Coward · · Score: 5, Insightful

    I'm sure if I presented a thesis saying that my new form of business model required passing laws in Congress requiring people to give me money at the mere mention of my product, I'd be laughed out of school.

    And yet, this seems to be turning into a reality?

    Maybe what we need isn't just a government that has its hands off of business, we need businesses to keep their hands off the government too.

    1. Re:Congress Laws - new Business model? by PitaBred · · Score: 2

      Mmmmm, corporatism... only a few steps from the holy grail that is Fascism.

    2. Re:Congress Laws - new Business model? by camg188 · · Score: 2, Funny
      from the article:

      Israelite acknowledges that the legislative efforts to this point have produced little.

      So for right now, it's far from reality.

    3. Re:Congress Laws - new Business model? by Eil · · Score: 5, Insightful

      I'm still puzzled as to why it isn't universally acknowledged that corporate political campaign donations are the purest form of bribery.

    4. Re:Congress Laws - new Business model? by AmberBlackCat · · Score: 1

      Fine, as long as business gets its hands off government first.

    5. Re:Congress Laws - new Business model? by Blakey+Rat · · Score: 1

      This isn't new. Have you see The Aviator? A major plot point of the movie was Hughes fight to prevent Pan Am from being declared "the official national airline", and thus get exclusive rights to fly the best international routes.

      Not saying it's right, of course, just pointing out that this is nothing new. "Those who don't know history are doomed to repeat it; those who do know history are doomed to watch those who don't repeat it."

    6. Re:Congress Laws - new Business model? by Anonymous Coward · · Score: 0

      But it is, except in the US and other similar paragons of Democracy, where everyone knows that to prevent the free market being able to buy its own government would be RED SOCIALISTIC COMMUNISM!

    7. Re:Congress Laws - new Business model? by PMBjornerud · · Score: 1

      I'm still puzzled as to why it isn't universally acknowledged that corporate political campaign donations are the purest form of bribery.

      You're asking the politicians to pass a law that would prevent them from getting those donations...

      --
      I lost my sig.
  6. They're really trying by i_liek_turtles · · Score: 3, Insightful

    They really want to shoot themselves in the foot, don't they?

    1. Re:They're really trying by Anubis+IV · · Score: 1

      I think it's kinda like getting a "high" by suffocating yourself. Except, in this case, the old ways of doing it, like draconian DRM and rootkits, just don't do it for them any more. They have to get their high off of something new now. Trying to extract money from people who are actually helping them is a great idea if you look at it this way.

    2. Re:They're really trying by Cheesetrap · · Score: 5, Insightful

      They really want to shoot themselves in the foot, don't they?

      They don't have feet, they're an entity... what they need is to be sucker-punched in their Accounting department and then kicked repeatedly in the Legal until they promise to stop being a dick.

    3. Re:They're really trying by geekoid · · Score: 1

      Accounting is wrong as is Legal. These people do what the upper exec want them to do.

      The Upper execs should be fired.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:They're really trying by Jaysyn · · Score: 4, Funny

      Out of cannons, preferably.

      --
      There is a war going on for your mind.
    5. Re:They're really trying by mujadaddy · · Score: 1

      Into the sun!

      --
      Populus vult decipi, ergo decipiatur...
      "Force shits upon Reason's back." - Poor Richard's Almanac
    6. Re:They're really trying by skuzzlebutt · · Score: 1

      It's the SCO business model...if you can't make money selling products, your lawyers can become a replacement sales force.

      To extend your analogy (and because I have karma to burn): give it six more years, and the last remnants of the tall tent pole music distribution model will be found hanging in a closet in Bangkok.

      --
      My debut novel AMITY now available: http://jeremydbrooks.c
    7. Re:They're really trying by edalytical · · Score: 1

      Where is the fun in that? I can't watch them die if we fire them out of a cannon into the sun. Even if I could point a telescope at the sun and watch them approach, it would be nonspectuaular. The execs would merely disintegrate as they approached the corona. Booooring.

      If we fire them out of cannons I would much prefer a skeet shoot. Here is my idea: we find a wide open area and get about 100 music fans and arm them with shotguns, get a cannon, a few truck loads of ASCAP or BMI music CDs, a few dozen of these so-called artist and a record exec. Start off by firing CDs out of the cannon a pallet at a time while the so-called artist and execs watch. Force the so-called artist and execs to wear headphones playing their own quote-unquote music. When you get through the CDs load up an artist into the cannon...oh well you get the idea...

      --
      Win a signed Stephen Carpenter ESP Guitar from the Deftones: http://def-tag.com/?r=0008781
    8. Re:They're really trying by Anonymous Coward · · Score: 0

      into the sun

    9. Re:They're really trying by shark72 · · Score: 1

      They're a collective. Their execs are board members. You might recognize some of the names: Paul Williams (the president and chairman of the board), Hal David, Johnny Mandel, Marilyn Bergman, Jimmy Webb, and so on. ASCAP is truly run by and for artists.

      I can think of a few reasons why Paul Williams should be punished beyond the issue at hand.

      --
      Sitting in my day care, the art is decopainted.
    10. Re:They're really trying by Anonymous Coward · · Score: 0

      Into the sun.

    11. Re:They're really trying by NormalVisual · · Score: 1
      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  7. Enough is enough - Time to amend the Constitution by commodore64_love · · Score: 5, Insightful

    Amendment XXVIII - Strike the following: "To promote the Progress of Science and useful Arts, by securing for limited
    Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;". Replace with: "To promote the Progress of Science and useful Arts, by securing for Times not to exceed 14 years to Authors, or 25 years for Inventors, the limited Privilege to their respective Writings and Discoveries;"

    The actual time limits can be debated, but they need to be set in the constitution, not left to a congress that can be bribed with corporate donations.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  8. Dig upan Old Meme by hardburn · · Score: 1

    The clue-by-four meme died sometime in the late '90s. Methinks it's time to dust it off and start applying it to some heads.

    --
    Not a typewriter
    1. Re:Dig upan Old Meme by Eberlin · · Score: 2, Funny

      I quite like referring to it as arranging a meeting with "the board of education"

    2. Re:Dig upan Old Meme by Cheesetrap · · Score: 1

      Memes don't actually die though, they just lie dormant, waiting for the chance to trigger again... Usually after the initial stage of widespread use it will degenerate rapidly into the "the-only-people-using-this-meme-now-either-don't-realise-it's-no-longer-cool-or-realise-but-are-mocking-it" stage, followed by the dormant state... then months or sometimes years later, it may resurface, in some cases memetically modified and even more annoying.

  9. ooo by wizardforce · · Score: 1

    if it were not for the possibility that they'll just buy a few more congress critters and subsidize themselves I'd say we let the industry go ahead and commit ritual suicide and finally be done with the RIAA and friends once and for all.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  10. Paying Twice by Luke+Wilson · · Score: 5, Insightful

    The makers of the film or TV show had to pay for the song in the first place. The label was already paid for the use and can't extract money again from the redistributor.

    1. Re:Paying Twice by Anonymous Coward · · Score: 0

      The movie maker paid for the song 'to be in the movie' not rebroadcasted, not streamed over the internet, not clipped for advertisement... its kinda ridiculous how many different ways they want to charge for the same #$%#$#@!! music.

  11. SWEET! by jason.sweet · · Score: 1

    If this goes through, I will finally get to fulfill my lifelong dream of charging companies to interview me.

    1. Re:SWEET! by camperdave · · Score: 1

      When telemarketers call, the first thing I do is ask for their billing address so I can charge them for my Marketing Effectiveness Consulting Fee. They all tend to hang up at that point.

      --
      When our name is on the back of your car, we're behind you all the way!
  12. Killing A Revenue Stream by Petersko · · Score: 4, Interesting

    Were it not for the fact that it would cause iTunes to implode (fiscally speaking), I would suggest that Apple simply remove the 30 second streamsand sell everything based on title alone, or make them available "for a fee" that nobody would EVER pay. Let's see how well that works.

    Of course, the other explanation for their request is that the music they're selling mostly sucks bad enough that exposing 30 seconds of it will kill the sale.

    1. Re:Killing A Revenue Stream by Anonymous Coward · · Score: 0

      The best part is, if Apple did this and sales dropped - the industry would blame it on "piracy", nevermind their own asshattish behavior.

    2. Re:Killing A Revenue Stream by JuicyBrain · · Score: 2, Interesting

      Could it be exactly what they want ? Most major labels are not only publishers but also distributors. They might be trying to kill Apple before they get big enough as distributors to start publishing.

    3. Re:Killing A Revenue Stream by sincewhen · · Score: 2, Interesting

      It would be interesting to see the statistics of how many songs are previewed and how many are purchased with/without preview.
      I'm sure Apple would collect these figures, so they would have a good idea how effective the preview is in clinching a sale.

      --
      -- Braden's law of data: All data spends some of its lifetime in an excel spreadsheet.
  13. Note to copyright whores by ifwm · · Score: 0

    It's not working. What don't you get?

    Your customers resent being treated like shit, and this little stunt won't do anything to change that.

    It's a new entertainment world, and you're dying, but don't even know it.

    1. Re:Note to copyright whores by gnupun · · Score: 1

      Well, don't blame copyright law or the songwriters holding the copyright, because it's stupid ASCAP's fault. Without copyright, your new entertainment will mostly consist of listening to a fat guy lip-syncing "Numa, Numa", because the songwriters will have long quit their profession once it becomes open source(aka free beer).

  14. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 5, Insightful

    P.S.

    I should probably explain: I think "Right" needs to be changed to "Privilege" for the simple reason that rights are timeless. They are an innate quality of being human and never expire. Therefore a limited-term copyright is not a right, but merely a privilege extended by the ruling government.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  15. ASCAP needs a slap upside the head. by Freaky+Spook · · Score: 4, Insightful

    It would be interesting if Apple did a test where they removed samples from say from the top 1000 songs, then provided 30 second samples for say 50 and calculated how much the 30 second sample actually generated in sales revenue.

    The samples on iTunes allow people to figure out if they want to legally buy a song that actually generates revenue for the artists. If I can't sample what I'm deciding to buy, chances are I'd most likely go straight to limewire and get it that way, because these songs are non refundable.

    All ASCAP seem to be doing here is encouraging more piracy, most people are generally happy to pay for media if its easy to obtain and its not a difficult process that you have to jump through endless micro payments, confusing license agreements and rights managment that is unreliable. iTunes is making it easy for artists to make revenue off the internet but that is just not enough it seems for those greedy bastards.

    1. Re:ASCAP needs a slap upside the head. by Anonymous Coward · · Score: 0

      +1, Needs To Be Said

    2. Re:ASCAP needs a slap upside the head. by omnichad · · Score: 1

      ASCAP does more for the artists, whereas RIAA goes for the labels. It's the labels that make most of the money on itunes sales. So we're really talking about two separate things. I agree that it increases sales (or simply makes sales possible at all).

    3. Re:ASCAP needs a slap upside the head. by FrankieBaby1986 · · Score: 1

      t would be interesting if Apple did a test where they removed samples from say from the top 1000 songs, then provided 30 second samples for say 50 and calculated how much the 30 second sample actually generated in sales revenue.

      Why bother. Just make up a number for lost revenue like the RIAA.

      I KNOW this is ASCAP and not RIAA, but they're starting to look the same...

      --
      ERROR: SIG NOT FOUND (A)bort, (R)etry, (F)ail?:
    4. Re:ASCAP needs a slap upside the head. by Anonymous Coward · · Score: 0

      I'd most likely go straight to limewire and get it that way

      Maybe that's what they want so they can whine to the Congress Critters even more about how piracy hurts their business?

      -Just a thought

    5. Re:ASCAP needs a slap upside the head. by magus_melchior · · Score: 1

      It's not just ASCAP. It's several industries, the ones who demand protection of their "intellectual property". It's this idea that companies face real losses even when one shmuck makes a personal copy of their products. They've been fighting it tooth and nail since the introduction of the player piano (probably earlier), because they are so used to the idea of getting a perpetual trickle of cash for every creative work, that they cannot fathom a business model where they do not have complete control of production and distribution (and hence, complete control of where and when they get paid).

      In their world (at least in the minds of media cartel execs), making a backup in case of disaster makes you a thief. In their world, sharing even a tiny portion of a great song to a friend as a recommendation makes you a pirate. In their world, every idea and creative thought has a nonzero, non-negative price, and if they happen to have a stake in it, every person desiring access had better pay up, whether through retail, contract, or litigation.

      It's the same bullshit that made Sony/BMG think that putting rootkits on CDs was a stonkin' good idea, and it's also what motivates practically every commercial game publisher to put idiotic copy protection add-ons that cause instability and other completely unnecessary hassles.

      It's the same bullshit that makes RIAA members think that suing their own customers using overinflated "online piracy" loss figures is better than steering them towards legal alternatives and honestly estimating their losses through downloading.

      It's the same bullshit that makes the MPAA and its allies think that letting customers have any modicum of control over their televisions, HD computer displays, and set-top boxes will be beginning of the media apocalypse (it would, but only in the sense that they don't get to control the entire market in the way they want). It's the same bullshit that makes them think that turning movie theaters into draconian venues is a great way to maximize profits by eliminating the handful of idiots that bring video cameras inside (along with a lot more dissatisfied and insulted yet legitimate customers).

      And it's the same bullshit that motivates them to bribe and lie to politicians and diplomats all over the world so that we get such misguided treaties like the Berne Convention (which expanded copyright lifetimes to over 50 years), the WIPO treaty (which resulted in the stupid DMCA that forbids copy protection circumvention), and the upcoming ACTA.

      Look, copyright and patent are not bad ideas-- they are effective means of spurring creative works and innovation. But abuse is rampant on the side of industry, at least as much as there are careless kids downloading TV show episodes and movies that aren't sanctioned for online distribution. And frankly, these industries whining about losses through downloading are at least as resistant to change for the better as those who fought the player piano and the recordable cassette tape.

      --
      "We are Microsoft. You shall be assimilated. Competition is futile."
  16. News? by ZekoMal · · Score: 1
    They're stupid, they want to die. If this goes through, and you know it will, the entire population should give the major labels the finger and refuse to use anything that gives them money, and refuse to pay for anything they sell. If they make it so that we pay them no matter what we do, we should just cut them the fuck off. I'm sick of them, and I haven't given them a penny in 6 months. God willing, I won't give them a penny for the rest of my life. If it makes me miss out on some music, I'll deal. I have a nice enough library of music, so I'll hold out for their violent death when I can get the songs from the artists, without middlemen riding their backs and raping them.

    So sick of them.

    1. Re:News? by HornWumpus · · Score: 1

      6 months?

      Welcome new guy.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:News? by Jaysyn · · Score: 1

      Welcome to the club.

      Hi, I'm Jaysyn & I've been RIAA free for 9 years now.

      --
      There is a war going on for your mind.
    3. Re:News? by ZekoMal · · Score: 1

      Couldn't help it; I had a ton of itunes gift cards to funnel through. It says something when it takes me two years to go through about $50 worth of itunes gift cards, though.

    4. Re:News? by Bill,+Shooter+of+Bul · · Score: 1

      I think you're confused about all of the music industry groups that try to get paid for music. ASCAP is pretty much the biggest organization for songwriters. Yes songwriters for the big labels, but also those for smaller labels as well.

      Its not very exclusive. You can join for a one time fee of $25. http://www.ascap.com/about/howjoin.asp Then you can hate yourself for the rest of your life ;)

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    5. Re:News? by MightyMartian · · Score: 1

      I'm about to buy my first album in about five years when Them Crooked Vultures release their album. Other than that, I've so totally lost interest in the pure crapola that the record industry pumps out that I couldn't spend the money in ten years.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:News? by PRMan · · Score: 1

      I'm sick of them, and I haven't given them a penny in 6 months.

      Have you eaten in a restaurant that plays any sort of music at all?

      Oops. You gave them money...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    7. Re:News? by ZekoMal · · Score: 1

      Actually, no. I happen to enjoy cooking for myself, so I haven't even pandered to them in the sense of having it forced on my ears.

  17. So.... by Darkness404 · · Score: 1

    So lets see here, if I'm not going to listen to the song for free via YouTube, the radio, downloading it off TPB, or now a 30 second sample, how am I to judge the song? Really, the songs I buy off iTunes are in general the ones I've listened to via other means.

    --
    Taxation is legalized theft, no more, no less.
  18. Audit the current system first? by swanzilla · · Score: 5, Funny
    FTA:

    "We make 9.1 cents off a song sale and that means a whole lot of pennies have to add up before it becomes a bunch of money," said Rick Carnes, president of the Songwriters' Guild of America. "Yesterday, I received a check for 2 cents. I'm not kidding.

    Who in the hell has Rick's other 7.1 cents?

    1. Re:Audit the current system first? by CharlyFoxtrot · · Score: 5, Funny

      Who in the hell has Rick's other 7.1 cents?

      Man, Rick got rolled.

      --
      If all else fails, immortality can always be assured by spectacular error.
    2. Re:Audit the current system first? by kindbud · · Score: 1

      Hint: Rick is totally making up the 2 cent check story.

      --
      Edith Keeler Must Die
    3. Re:Audit the current system first? by DoofusOfDeath · · Score: 1

      Man, Rick got rolled.

      I disagree. Actually, the Obama administration covered songwriter royalty payments on Monday in a press conference.

    4. Re:Audit the current system first? by Dhalka226 · · Score: 5, Insightful

      Let's pretend his story is true, and that he got less than 9.1 cents for some ridiculous-but-conceivable reason. In other words, take that inconsistency off the table.

      If he's receiving a check for two cents, nobody is buying his fucking music. Why is it that he seems to believe he should be making "a bunch of money?" Would this horrible insult to his right to be rich for no reason be somehow mitigated if he had received a check for 50 cents from his one sale instead?

    5. Re:Audit the current system first? by The+Grim+Reefer2 · · Score: 1

      No actually I sent that. I figured I'd give him my 2 cents to let him know that he's not getting a fucking dime from me, or 9.1 cents as the case may be.

    6. Re:Audit the current system first? by MeNeXT · · Score: 1

      Rick who and what is he doing with my .02$?????

      --
      DRM? No thanks, I'll just get it somewhere else...
    7. Re:Audit the current system first? by sincewhen · · Score: 1
      Agreed, and in what way would charging for a 30 second preview increase his sales? Accidental clicks perhaps?

      Maybe his plan is:

      1. Write/release some crappy music.
      2. Lobby and receive a payment for previews.
      3. Sit on the internet all day clicking on your song preview in iTunes.
      4. Profit!!!
      --
      -- Braden's law of data: All data spends some of its lifetime in an excel spreadsheet.
    8. Re:Audit the current system first? by gbarules2999 · · Score: 1

      Aw goddammit.

    9. Re:Audit the current system first? by caladine · · Score: 1

      The best part about that quote is the breakdown. At 99 cents a song, this means that the other 89.9 cents go to the record companies and Apple. Apple keeps 29 cents per song, which may be why they're a bit miffed. But, this still leaves ~60 cents per track for the record companies. Perhaps ASCAP should think about who's taking the lion's share of the money. Otherwise... I think I can tell him where he can stick his 9 pennies for this song I just purchased off of Amazon.

    10. Re:Audit the current system first? by Rik+Rohl · · Score: 1

      Oi!

    11. Re:Audit the current system first? by Cyberllama · · Score: 1

      We should all send him a check for 2 cents and a note saying "Here's my 2 cents, you're a douchebag."

    12. Re:Audit the current system first? by sudnshok · · Score: 2, Interesting

      When he says "a whole lot of pennies have to add up before it becomes a bunch of money" does he mean like the 1 billion songs that iTunes has sold? Because at 9.1 cents per song, that comes out to $91,000,000... which is exactly a lot of money.

      --
      People who say "money does not buy happiness" are just people without money trying to make themselves feel better.
    13. Re:Audit the current system first? by bushing · · Score: 1

      Apple keeps 29 cents per song, which may be why they're a bit miffed.

      Even at that, they shouldn't be. After subtracting out costs, Apple's estimated profit per song is more like 10 cents.

    14. Re:Audit the current system first? by Maximum+Prophet · · Score: 1

      Because people are previewing his music, and not buying it. He just wants to get paid for the preview. The logical fallacy is that anyone would pay for the preview.

      Mostly, he wants iTunes to continue to offer previews, but for them to be paid from Apple's "Profits", so that the customer doesn't see the charge. He want's Apple to have a smaller slice of the pie, and ASCAP to get a larger slice. He's not worried about killing the golden goose, because, hey, it's someone else's goose.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    15. Re:Audit the current system first? by Anonymous Coward · · Score: 0

      If the 9.1 cents was for a song whose rights were shared with other songwriters, and perhaps a "management fee", then it's easy to see how a song that was sold generating $0.091 in fees created $0.02 for Mr. Carnes.

      It is worth noting that, separate from the plaint that he doesn't have a god-given right to be rich ... that the song sold, presumably, for about $1.00. So the question worth asking is NOT "where's the other $0.07?" ... but "where's the other $0.91?"

      The answer there is something along the lines of: Apple took $0.6; Akamai took $0.1; network services / storage took $0.1 and the rest went in taxes.

    16. Re:Audit the current system first? by Anonymous Coward · · Score: 0

      That would be a lot of money for 1 person - divide that up between 360,000 groups and its $252.78 per group.

  19. Re:Enough is enough - Time to amend the Constituti by Jaysyn · · Score: 1

    +1 Insightful & way overdue.

    --
    There is a war going on for your mind.
  20. Isn't this an issue for the movie and TV companies by whoever57 · · Score: 1
    Someone licensed these clips to Apple. Isn't it those people to whom the songwriters and others should be asking for their cut? Or did the songwriters and others already sell those rights and are now attempting to double dip? Oh, wait:

    "In the U.S. while we do get paid a mechanical (licensing fee) from ITunes, we are not getting any performance income from Apple yet,"

    Make that triple-dip.

    --
    The real "Libtards" are the Libertarians!
  21. Re:Enough is enough - Time to amend the Constituti by mishehu · · Score: 3, Insightful

    Yes, but the problem is this... who is it that can add an amendment to the constitution? Damn, it's the same congress that can be bribed with corporate donations...

  22. Re:Enough is enough - Time to amend the Constituti by robkill · · Score: 1

    Good luck. The first hurdle in creating an amendment to the Constitution is that it has to be passed by a 2/3 majority of Congress. If the **AA's can get over %50 to pass the Sonny Bono Copyright Extension Act, then they can easily get over %33 to stall an amendment.

    --
    DMCA - Chilling free speech since 1998.
  23. Re:Enough is enough - Time to amend the Constituti by jfengel · · Score: 1

    The actual time limits can be debated, but they need to be set in the constitution, not left to a congress that can be bribed with corporate donations.

    And what body would you propose should do the setting in the constitution?

  24. ASCAP by geekoid · · Score: 1

    Are the artists really for this? or is someone as ASCAP just being a douche?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:ASCAP by The+Archon+V2.0 · · Score: 1

      Are the artists really for this? or is someone as ASCAP just being a douche?

      Given that every time any sort of "performer's group" comes out with this sort of thing, at least one artist gets up and says "This wasn't our idea! Please don't hate us!" I don't think the artists are monolithically for it. I'm sure some of them see their audiences as nice little piles of dollar signs just begging to be wrung out, but I'm also sure there's artists who appreciate their fans and hate that the only way to make a living doing what they love is to give their souls, life's work, control over their destinies, and 95%-105% of their profits to the music industry.

    2. Re:ASCAP by imamac · · Score: 1

      My wife and I are artists and members of ASCAP. We are certainly not for this. Everyone here is right: it's free advertising...why WOULDN'T you want to give a free preview?

    3. Re:ASCAP by bill_mcgonigle · · Score: 1

      My wife and I are artists and members of ASCAP. We are certainly not for this. Everyone here is right: it's free advertising...why WOULDN'T you want to give a free preview?

      Can you call and complain? I assume they're looking for a giant license, i.e. a pay-off from Apple that will cover everything for a year.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re: ASCAP by MacWiz · · Score: 1

      ASCAP does NOT represent "the majority of mainstream artists," just the songwriters and publishers. And how many songwriters/publishers belong to BMI? Are you sure ASCAP represents the majority?

      Rock is still the highest selling genre overall, according to Nielsen. There are more than 2 million rock bands alone on MySpace -- and more rap/hip-hop acts than rock. That's the mainstream. Even if 360,000 was the number of acts signed up with ASCAP, it's nowhere near "the majority of mainstream artists."

  25. Free preview by CharlyFoxtrot · · Score: 5, Funny

    I'll give them a free 30 second preview of the body part they can kiss. (Limited time only, restrictions apply, one per customer.)

    --
    If all else fails, immortality can always be assured by spectacular error.
    1. Re:Free preview by The+Archon+V2.0 · · Score: 1

      I'll give them a free 30 second preview of the body part they can kiss. (Limited time only, restrictions apply, one per customer.)

      In keeping with their standard MO, make sure to send them a bill for the free preview, then sue them for more after they pay it.

    2. Re:Free preview by CharlyFoxtrot · · Score: 1

      Dear sir, it has come to our attention that after making use of our limited 30 second free preview offer the image of our bodypart has become burned into your retinas. We therefor are sending you this invoice for further viewing of a negative image of said bodypart outside of the 30 second grace period. Payment will be due within the next 10 working days.

      --
      If all else fails, immortality can always be assured by spectacular error.
    3. Re:Free preview by Anonymous Coward · · Score: 0

      trying to increase your sales of said body part? neat!

  26. Reminds me of an ipod game by ZekoMal · · Score: 1
    There's an ipod game, I think it's called Song Summoner or something. Basically, you take a song from your ipod and make a monster out of it, then you battle evil with it. The evil is a bunch of robots that want to destroy all music and enslave humans.

    Short story even shorter: It's a beautiful metaphor for the major labels. They want to destroy music by filling the market with generic crap, and they want to enslave us by forcing us to pay them for it.

  27. *yawn* by nurb432 · · Score: 1

    Idiots. This sort of nonsense is working out so well for RIAA i guess they want in on the ( sinking ) boat too. Next they will want a part of our tax dollars since most of us have ears and might listen to a non-licensed performance.

    --
    ---- Booth was a patriot ----
  28. counterproductive: inures people to "infringement" by panthroman · · Score: 3, Insightful

    These slippery slopes to vices happen all the time. I know lots of folks who would never/rarely drive drunk, but drive stoned all the time. Folks are so inured to breaking the marijuana laws (understandably) that they think nothing of driving stoned, but breaking alcohol laws still has some legitimacy behind it.

    Ridiculous laws lead to disdain and apathy toward the legal system. You're just inuring consumers to the idea of "infringement" by making such ludicrous demands.

  29. Re:Enough is enough - Time to amend the Constituti by nurb432 · · Score: 3, Insightful

    I agree its an issue, but something as trivial as copyrights should not be part of the very foundation of our country. Its not THAT critical.

    --
    ---- Booth was a patriot ----
  30. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    Cat burglars. National archives.

  31. Re:Enough is enough - Time to amend the Constituti by geekoid · · Score: 1

    UM, do you really want congress to set it in stone? because is could end up being 1000 years.

    And congress is lied to bu corporation, and that ahs a much bigger influence the donations.
    They get in front of congress and tell them theya re loosing sales, when they aren't, talk about the cost of downloading with 'adjusted' figures, and then lie about their legal tactics.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  32. ASCAP Says Apple Should Pay For Song Samples by Anonymous Coward · · Score: 0

    Everyone else says ASCAP should finally admit that an extra "S" that belongs in their acronym.

    ASSCAP: American Society of Superfluous and Confused Arrogant Peons.

    1. Re:ASCAP Says Apple Should Pay For Song Samples by Anonymous Coward · · Score: 0

      ASCAP = asshat

  33. Paid Advertisements... The other way? by DesertJazz · · Score: 1

    Okay, this is ridiculous. Apple is giving them free advertising. Providing the pipeline and distribution network for the advertising... And selling their product for them at a profit for the company. Now they want Apple to pay for them to be able to advertise the recording studio's product that they're trying to sell...

    What part of this makes sense to anyone except greedy lawyers and CEO's? The sheer amount of gall is amazing. Do they really expect Apple to bend over and say 'thank you sir may I have another?' I'm pretty sure they now how to tell them where to stick it.

  34. Well ok then by ruiner13 · · Score: 1

    I just farted to the tune of "enter sandman" and people overheard. When should I expect Lars Ulrich or the RIAA to come collect their royalties? I think I have some more in the tank for repeat performances on their heads. It was Taco Bell night, afterall.

    --

    today is spelling optional day.

    1. Re:Well ok then by ThePengwin · · Score: 1

      How else will he afford that new bar in his pool?

    2. Re:Well ok then by RickRussellTX · · Score: 1

      Kick him with your Converse shoe, all the way to Timbuktu.

  35. I'm so fucking tired ... by celibate+for+life · · Score: 2, Interesting

    ...of the music industry bullshit. It's really frustrating that companies that depend on obsolescence to earn money can put up a nasty fight just because they have the means ($) for it.

  36. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    (1) You don't need Congress to amend the Constitution. The States can propose amendments. (2) It's not that hard to get a majority to recommend an amendment. You just need to get in power 51 senators and 51% of the House to pass the bill. Easy.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  37. Tired of the re-definition of performance. by Bunny+Guy · · Score: 5, Insightful

    It's not a performance if I
        Play your CD
        Hear your Song on the Radio
        Look at your album jacket ...

    It's a performance if:
        You come to my house and play,
        Hold a concert
        Play on a street corner or a subway

    Everyone in the chain of production needs to quit pretending that somehow, each time that CD is played, they have put in a personal appearance. // rant off

    Performance as defined above is the method the bulk of working musicians actually make money. The RIAA just doesn't want to admit it.

    1. Re:Tired of the re-definition of performance. by CharlyFoxtrot · · Score: 1

      Is it a performance if they come into the same room as me, put on a CD and then pretend to push buttons on a laptop ? Because I've been to a lot of techno shows like that.

      --
      If all else fails, immortality can always be assured by spectacular error.
    2. Re:Tired of the re-definition of performance. by sbeckstead · · Score: 1

      People, this is NOT the RIAA. It's ASCAP and BMI, the disco greedy bastards not the record company greedy bastards.

    3. Re:Tired of the re-definition of performance. by Bunny+Guy · · Score: 1

      Sorry -

      To me:

      RIAA == container object for the pop music industry.

      ASCAP - Bad symptom of above...

      I'm aware of the different roles - having had to buy rights to music for theatrical productions from ASCAP (with live musicians - yeah!)
       

    4. Re:Tired of the re-definition of performance. by piltdownman84 · · Score: 1

      The only grey area I see is public performances of recorded media. I can see if you are a night club playing music, or a community group profiting from showing dvds with a projector.
      One can argue that profit, or even derived profit, use of recorded media maybe should have to pay a fee. Radio already pays licence fees as far as I know.

    5. Re:Tired of the re-definition of performance. by sbeckstead · · Score: 1

      Wait till you have to deal with the idiots that license musical theater.

    6. Re:Tired of the re-definition of performance. by progkeys · · Score: 0, Troll

      Wrong! Legally, it is most definitely a performance when a radio broadcasts a song. It's been that way since the beginning of radio. It's internet companies that changed the definition.

    7. Re:Tired of the re-definition of performance. by Bunny+Guy · · Score: 4, Insightful

      And they got it wrong - back in the beginning of radio. Doesn't mean we shouldn't fix it.

      It was only a performance when it was "live in studio". "live in studio" is just a really long mic cord :-)

      But recordings? give me a break - if the musicians didn't have to show up - it's not a performance.

      The radio industry caved to ASCAP and the RIAA : read about the whole payola scandal back in the dawn of radio sometime. They were passing money around in loops as bad as Enron. Stations holding up RIAA for money or they wouldn't play their new hit wonder - RIAA holding up the stations for money or they wouldn't get the hits when the got popular - who's the losers - Musicians and Listeners....

    8. Re:Tired of the re-definition of performance. by ThePengwin · · Score: 1

      ASCAP - Phonetically "ass cap" - A hat you wear on your bottom. Costs money, but essentially dosent do anything? :)

    9. Re:Tired of the re-definition of performance. by Anonymous Coward · · Score: 0

      This is not about RIAA. ASCAP, BMI, and SESAC, handle a completely different (and may I say much more reasonable) part of the music industry. RIAA is an alliance of the major publishers. ASCAP et al handle collecting revenue from public performances of others work. Granted this sounds ridiculous but please its not like ASCAP et al are going around suing everybody.

    10. Re:Tired of the re-definition of performance. by M-RES · · Score: 1

      Then they were BAD techno shows. I always tweaked around for real - what's the point of miming?

    11. Re:Tired of the re-definition of performance. by ZachPruckowski · · Score: 1

      While I generally agree with you, it's important to note that ASCAP covers songwriters, not musicians. While you've defined a musician's performance, under your standards, a songwriter should only get paid once for writing the song, since that was the only time he actually did anything.

    12. Re:Tired of the re-definition of performance. by Bunny+Guy · · Score: 1

      Song writers should still get their due income. Their work is protected under copyright law. They should get paid for every sheet of their music sold, not for every time someone hears it.

  38. Amend the Constitution by benjfowler · · Score: 2, Insightful

    What would be nice, is if somebody in the US could propose amending the Constitution to prevent private business from making profits by gaming Congress and regulators, and force them to make money by innovating and working hard instead.

    Make laws to make regulatory capture by private business (especially those with failing business models) difficult or impossible, and make any law produced from private business' attempts to scam favourable laws, unconstitutional.

    IANAL, but if such a thing could be done, then it would set a nice precedent to stop IP cartels and extortion outfits (RIAA, et al) from running amok elsewhere in the world too.

    1. Re:Amend the Constitution by Luke+Wilson · · Score: 1

      Make laws to make regulatory capture by private business (especially those with failing business models) difficult or impossible

      I would be more concerned about companies in the black picking their own regulations. A failing company basically has until its cash reserves run out to change the rules of the game. A successful business can patiently whittle away at the regulations imposed on it. Plus a successful business is more likely to have popular support for making the winner's life even easier.

    2. Re:Amend the Constitution by TheGratefulNet · · Score: 1

      gaming congress?

      first, you have to stop CONGRESS from gaming the system.

      and while I'm on the subject, we have dems in power now and so all 'entertainment' desires from the rich mutherfuckers in Big Media will certainly get their way.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Amend the Constitution by bill_mcgonigle · · Score: 1

      Make laws to make regulatory capture by private business (especially those with failing business models) difficult or impossible, and make any law produced from private business' attempts to scam favourable laws, unconstitutional.

      It's best to distinguish private business from corporations. One is a guy fixing shoes, the other is a government creation.

      Corporations are created by the government, are controlled by the government, are protected by the government, and can be destroyed by the government. Based on the 'duck test', they're extensions of the government. (They are *obviously* not individuals, as much as the notes in Santa Clara would like you to believe otherwise, and so many find useful to pretend).

      So, really you have the government lobbying itself. That's a positive feedback loop and our system is supposed to be made up of negative feedback loops.

      I have no problem with the CEO of ADM personally lobbying his elected officials. But corporate political donations, lobbying, issue ads, etc. are all a problem because they're self-feeding.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:Amend the Constitution by Anonymous Coward · · Score: 0

      There are numerous Campaign Finance Reform efforts attempted that would do that, but the paid-for "Supreme Court" keeps striking them down because it insists that corporations are "persons".
      Sorry, you're fucked, Joe, the corporations are with us forever, and their power is growing, and so far, they are never "terminated with prejudice".

      The elephant in plain view that we all want to ignore, is the lack of accountability that the rich (and now middle class) purchase by using their limited-liability shares to manipulate the populace through the laws and their selective application.
      It's a class war on a global scale.

      We've become so accustomed to believe that share ownership is normal and "a good thing" TM, that we're never going to let go of the concept of corporations.
      Sorry, again, but we're all fucked, and we did it all ourselves with our self-centered greed and entitlement.
      As soon as you remove responsibility and penalties for polluting, thieving, destroying, killing, etc. the sociopathic amongst us go wild.
      "Limited liability" => limited responsibility => limited accountability => uncontrollable abuse.

      In brief: "Corporations" => "Evil"

  39. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    Oops. That's 67 Senators and 66.7% of the House. Still not that hard.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  40. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    I think former California assemblyman Mike Duvall would nominate his lobbyist friend. Apparently she's got quite a body and wears panties the size of an eye patch!

  41. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 1

    You do need a 2/3rds majority vote of BOTH halves of congress...

  42. Greedy fuckers by jolyonr · · Score: 1

    That's all I have to say on the topic.

    --


    Please read my Canon EOS tech blog at http://www.everyothershot.com
  43. ASCAP are money grubbing pigs by Anonymous Coward · · Score: 0

    This is ASCAP we're talking about.... they've been shaking down restaurants with Jukeboxes and clubs who have live bands for years. Even if said bands are all-original indie acts, they threaten the owners with compliance issues.

    I use to run a club.

    And before that, I did investigative work for ASCAP, until I just felt too dirty to continue.

  44. Re:Isn't this an issue for the movie and TV compan by MightyMartian · · Score: 2, Insightful

    What amazes me is how many "groups" representing recording artists there are. It's ludicrous. First you've got to please RIAA, which claims it's doing it to protect the artists, then you've got the publishing companies that will nail your ass if you print any of the lyrics, then you've got ASCAP, which also represents the artists. No wonder the industry is sinking.

    What's going to happen at the end of the day is that Apple and other online music services are going to make their own damned labels, woo over artists, maybe even start doing their own A&R, and either start selling their own stuff at a discount or start hiking the prices for all RIAA/ASCAP/who-the-fuck-ever, and when someone comes at them with a complaint about anti-competitive behavior, they can always point at demands like this "Hey, these guys effectively demanded we raise prices".

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  45. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    >>>something as trivial as copyrights should not be part of the very foundation of our country

    What?!?!? Copyrights already ARE part of the Constitution dimwit. Where the hell do you think the phrase "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" came from???

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  46. What the fuck by ZorbaTHut · · Score: 5, Insightful

    Apparently, the music industry can't obtain the fees through negotiations

    Here's how I see this conversation going.

    ASCAP> Give us lots of money!
    Apple> You're already getting lots of money.
    ASCAP> We want *more* money!
    Apple> No.
    ASCAP> We *demand* more money!
    Apple> No.
    ASCAP> If you don't give us more money, we'll take our music off your service!
    Apple> No you won't, and we both know it.
    ASCAP> WAAAAH GIVE US MORE MONEY

    C'mon. If they wanted the extra fees so bad, they'd take their music off. Obviously they don't - they just want the government to step in when their own demands for money fell flat.

    Why don't they make their own music distributor? Oh, that's right, because that takes work, and they don't want to do work. They just want free money.

    I feel so sorry for them.

    --
    Breaking Into the Industry - A development log about starting a game studio.
    1. Re:What the fuck by EkriirkE · · Score: 1

      Aye. Stay the fuck out of government, take it to a real court. Congress is not your courtroom, our tax-payer dollars are not for your (il)legal quarrels.

      --
      from 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
      to 45 2F 6E 40 3C DF 10 71 4E 41 DF AA 25 7D 31 3F
    2. Re:What the fuck by Anonymous Coward · · Score: 0

      ASCAP is for songwriters, composers, etc. NOT the performing artists, NOT for the labels. They're trying to extend the royalty they get for airplay / public performance / etc. to this. You can argue about how much sense that makes. But geez, it's not like this is the huge record label making even more money. How they hell was this modded insightful?

      Idiot.

    3. Re:What the fuck by blueg3 · · Score: 1

      Stay the fuck out of government, take it to a real court.

      Yes, because the courts aren't part of the government.

    4. Re:What the fuck by ZorbaTHut · · Score: 1

      So negotiate with the artists for songs. If the songwriters don't give artists songs, the artists don't have new songs to play. Put it in the contract, make the artists and labels sign it. That's what contracts are for. Don't try to change contracts after the fact when you get greedy and see how much money is slipping through your fingers.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    5. Re:What the fuck by russotto · · Score: 1

      So negotiate with the artists for songs. If the songwriters don't give artists songs, the artists don't have new songs to play. Put it in the contract, make the artists and labels sign it.

      They can't. There's a compulsory license. Once the song is out there, anyone can record it and sell recordings provided they pay the statutory royalty rate.

    6. Re:What the fuck by Anonymous Coward · · Score: 0

      More like this:

      Apple: we want this, that and the other for free so we can sell erecords and create a sense of child-like wonder in the end user.

      Record Companies: Okay, the music publishers won't mind and we'll make lots of dough. La la la la la.

      five billion downloads later

      ASCAP: You are streaming audio samples. That is a public performance.

      APPLE:

      ASCAP: Ahem, that is a public performance.

      APPLE:

      APPLE: Who are you people again?

      ASCAP: ALL of the music publishers in the United States.

      Apple: Oh.

      ASCAP: Well?????

      APPLE: No, we get that for free already. Beside, we pay too much to the record companies. F*ck off.

      ASCAP: Okay we will sue you.

      APPLE: And we will file an anti trust claim.

      ASCAP: Who is abusing their monopoly power here, again?

      APPLE: You are. We are Apple. We are not evil. Information wants to be free.

      have any of you from the long con tried to get paid for music from a tech company? They treat you like they are doing you SUCH a huge favor to pay you $0.000000008 per stream, then they don't bloody pay THAT. And then they invariably play the anti-trust card despite having pillaged a dying industry. I say good for ASCAP and musicians who take a STAND and get PAID what is rightfully THEIRS.

    7. Re:What the fuck by agnosticnixie · · Score: 1

      ASCAP: ALL of the music publishers in the United States.

      No.

    8. Re:What the fuck by thijsh · · Score: 1

      Why don't they make their own music distributor? Oh, that's right, because that takes work, and they don't want to do work. They just want free money.

      I feel so sorry for them.

      Not as sorry as they'll be when they have to pay their own store's 30 second previews and go bankrupt. :-)

    9. Re:What the fuck by EvilIdler · · Score: 1

      I don't even feel sorry for them. I'm quite looking forward to them trying to pull their music off the online stores. Isn't that where the majority of music sales make money now? These artists should be out on tour making the real money, anyway.

      One of my favourite music stores (yes, I have been known to visit such old-fashioned establishments) lets customers listen to CDs before buying. More sales are made that way, and it helps that the owner is pretty good at picking music for us customers :)

      iTunes is doing something like that. The new Genius features are supposed to help you find similar music you might like, and drum up more sales. I'd never buy an album without hearing it first. What those shitty, unknown artists are complaining about is bullshit. iTunes is a good place to get music because we can listen to a snippet of sound and make up our minds.

      (I have bought 11 tracks from two albums in iTunes in my entire life, so I'm not exactly a superfan. But they ARE doing something right :)

  47. Why Apple? by iamacat · · Score: 1

    As evil as record labels are, they are certainly the responsible party for fulfilling their contracts with artists. Go to court and demand that they pay the same kind of penalties that they demand from file sharers. Let them go out of business or price iTunes downloads out of most teenager's budgets and independent musicians may have a chance.

    1. Re:Why Apple? by geekoid · · Score: 1

      That would be nice but only if indies bands didn't jump into the RIAA as soon as a check is waved in front of them. Then it all "Downloaders are stealing" and "I only get 10 cents person over and over again" whaaa.

      Ge real, Indie bands are hypocritical turds.

      BTW: Hypocritical Turds is the name of my indie band.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Why Apple? by DarKnyht · · Score: 1

      Yeah, but the problem is that most independent artists generally belong to ASCAP. The real problem is a 30 second clip is not a performance.

      --
      Voting them all out of office, now that's change I can believe in.
    3. Re:Why Apple? by Omestes · · Score: 1

      "Indie" is a meaningless term now. Most "indie" bands are singed to major labels, and thus not "independent", it also is now a genre of music, and thus not "independent" in that sense either. There are, though, tons of independent labels for music of diverse types, that are not tied to the RIAA (or ASCAP, which is more up to the individuals taste, and completely different than the RIAA). Check out Tzadic, Ipecac, Neurot, The End, Drag City, or whatever small label suits your particular taste. Some of the individual artists might be members of ASCAP though, by their choice.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
  48. Radio Stations by lyinhart · · Score: 1

    From the article:

    "(On iTunes) you can stream radio, and you can preview (tracks), things that we should be getting paid performance income for."

    Yes, asking for money for 30 second clips is ridiculous, but asking for royalties on Internet radio stations that Apple isn't even hosting is just nuts. Apple should just remove the radio feature from iTunes altogether - that's part of the problem solved.

    --
    Freedom is drinking a beer in the park when you're supposed to be at work.
    1. Re:Radio Stations by geekoid · · Score: 1

      Ideal Apple. Amazon, and eMusic would send their people to congress and bitch slap these aholes. They should also do a media campaign, get the public to see how abscene and abusive this is.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Radio Stations by Luke+Wilson · · Score: 1

      Why should Apple remove the radio? They should demand that radio manufacturers pay for each song played on their devices. On top of the royalties the radio broadcaster already pays.

  49. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    >>>UM, do you really want congress to set it in stone? because it could end up being 1000 years.

    I doubt that. There'd be a general outcry by people like us, and the amendment would never get past the state legislatures. I trust that Congress would not be so stupid as to pick any number higher than the original author's lifespan (i.e. 100), for fear of pissing-off the voters and losing the next election.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  50. Re:counterproductive: inures people to "infringeme by Anonymous Coward · · Score: 0

    I wouldn't really use the stoned ver. drunk driving analogy.

    The affects of Marijuana on some people is extremely different from alcohol.

    I have many times gone to very important meetings extremely stoned and nobody has ever known.
    Hell i just did a stent of Jury duty in federal court, showed up after a good wake and bake, not one person noticed.

    I'm not saying its smart ever to drive under the influence but I wouldn't account for someone's passive dismissal of a law simply because it's illegalness is considered illigetment. It's actually one of the beauties of Marijuana itself, its effects reach a max where you no longer can get any higher and then can be minimized real quick like, like eating something or someone running up to you screaming about a critical harddrive failure on a main database in the middle of the day! Try that with alcohol.

  51. It's for the techno artists.... by SiriusStarr · · Score: 2, Funny

    Obligatory XKCD: http://xkcd.com/411/

    --
    Fear the penguin.
  52. Watch their sales plummet by bazaarsoft · · Score: 1

    As Apple drops previews for tracks that charge. They won against NBC by pulling their entire video collection - what makes the music industry think they won't pull previews? It's only gonna hurt their sales. These guys are apparently living in some other reality.

  53. Fine with me by Anonymous Coward · · Score: 0

    If I can't hear a preview, I guess I just won't buy the song!

  54. Meh... by Anonymous Coward · · Score: 0

    I'm deaf anyway.

    1. Re:Meh... by Cheesetrap · · Score: 1

      There's an app for that!

  55. iTunes Idea by vlad30 · · Score: 1

    Currently iTunes doesn't differentiate between independent and RIAA affiliated artists maybe they should and explain the difference.

    --
    Your'e all thinking it, I just said it for you
    1. Re:iTunes Idea by sbeckstead · · Score: 1

      The RIAA has nothing to do with this, this is ASCAP and BMI and is the musicians that performed the music not the song writers or recording artists. This means the backup guitarist, drummer and rapper on the latest Mary J. Blige album wants his cut everytime you make your iPod make noise.

  56. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    Or just enough guns and people to put a different congress in play.

  57. Re:Enough is enough - Time to amend the Constituti by TheSync · · Score: 1

    "To promote the Progress of Science and useful Arts, by securing for Times not to exceed 14 years to Authors, or 25 years for Inventors, the limited Privilege to their respective Writings and Discoveries;"

    I'd argue that patent protection should have a more limited period than copyright. If you invent the next super computer system, that is something we want in the public domain so we can all benefit from it after a period of time.

    On the other hand, if someone writes a murder mystery, who the heck cares? Someone else can write another murder mystery. No one has ever died because they didn't get to watch "Miami Vice", as opposed to not being able to get a anti-retroviral drug.

  58. Re:Enough is enough - Time to amend the Constituti by ShooterNeo · · Score: 1

    Fact is, it's almost impossible to get an amendment. If you study your history class, you'll notice that big problems could go on for decades before an amendment was passed. It's both a bug and a feature.

  59. Re:Isn't this an issue for the movie and TV compan by bennomatic · · Score: 2, Insightful

    And the funny thing is that at least ASCAP is, or at least was historically, a good guy. They were created to ensure that artists didn't get ripped off by huge corporations. For example, Little Richard had his songs used in movies and commercials and TV shows without his permission and without compensation. A great example is Disney's Donald Duck dancing around singing about having "a girl named Daisy; you know she drives me crazy!"

    So the ASCAP enforcement of performance payment went into place to ensure that companies like Disney, who made a mint on artist content, had to pay for it. The idea that they're using it now to try to get additional profit from people who are trying to decide whether to buy a song is just ridiculous.

    --
    The CB App. What's your 20?
  60. Well they don't get NOTHING by Anonymous Coward · · Score: 0

    My roommate had an album on iTunes. It sucked but it was up there. He would get a cut of every purchase of any song, and he'd also get a cut when someone listened to the 30 second preview. Mind you, it was like 0.2 cents each time, but it wasn't nothing either.

  61. Apple should charge THEM instead by melted · · Score: 1

    30 second preview amounts to an ad. Without this ad, much fewer customers would buy songs. Hence it follows that it is Apple who should be charging here, not ASCAP.

  62. Re:counterproductive: inures people to "infringeme by panthroman · · Score: 3, Insightful

    I hear you - I really do - but if marijuana were legal and regulated, but driving stoned were prohibited, I bet we'd have more stoners but fewer stoned drivers on the street. Make respectable laws and people will respect them.

  63. *sigh* by nurb432 · · Score: 1

    Where did i say they were not part of it? I said they shouldn't be.

    I only posted one line, it shouldn't have been that hard to read and understand it.

    --
    ---- Booth was a patriot ----
    1. Re:*sigh* by commodore64_love · · Score: 1

      >>>Where did i say [copyrights] were not part of [the constitution]? I said they shouldn't be.

      Okay. Based upon what you're saying, it sounds like you want to strike the entire phrase "To promote... their respective Writings and Discoveries" from the Constitution because you don't think they should be there. Sounds reasonable but there's a major flaw with the idea.

      If that phrase was removed from the document, Congress would no longer have the authority to grant copyrights. The States could still issue copyrights, per the tenth amendment, but the U.S. Congress itself would no longer hold that power.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:*sigh* by nurb432 · · Score: 1

      I agree that is the ramification, i don't see congress losing that power as an issue.

      --
      ---- Booth was a patriot ----
    3. Re:*sigh* by Hawke666 · · Score: 1

      You say that like it's a bad thing.

  64. Re:counterproductive: inures people to "infringeme by sbeckstead · · Score: 1

    because it's illegalness is considered illigetment.

    KEEP SMOKING you get funnier and funnier!

    Typical stoner LOL.

  65. Bureaucracy by headkase · · Score: 1

    Mind-numbing copyright reminds me of the movie: Brazil. The wikipedia page does not do it justice. The bureaucratic stupidity of the film transfers well onto present day copyright laws. As copyright becomes more and more convoluted I hope it really does begin to impact a large majority of citizens, and their representatives. The only way the madness will stop is if some senators kid is slapped around with this inanity.

    --
    Shh.
  66. Fair Use anyone? by N0Man74 · · Score: 1, Insightful

    Is this not an obvious attempt to erode Fair Use?
    The Purpose of these samples is to both promote the sales of these tracks and to help the consumer make an informed decision regarding the purchase.
    The "amount and substantiality of the portion used in relation to the copyrighted work as a whole" is small enough that it is in not a reasonable substitution for the whole product.
    The "effect of the use upon the potential market for or value of the copyrighted work" is generally going to be positive, allowing countless people a chance to sample the music to find out if it's something they'd be interested in, when there would have been little chance of them making a blind purchase.
    This country is in such need of copyright reform... Actually, I take that back. We need to regress from our previous "reforms".

    1. Re:Fair Use anyone? by celibate+for+life · · Score: 1

      It depends on the genre, though. Some punk rock songs are 1:00 minute long, so a 30 sec sample is 50% of the song.

    2. Re:Fair Use anyone? by N0Man74 · · Score: 0

      An average pop song could be 2:00 long as well, but I'm hoping that the average person's attention span hasn't diminished so greatly that 25% or 50% of a song is enough to satisfy them. Back to the point though, I think it would be rare for listening to a sample to be considered a reasonable substitute for actually having the song to keep, being able to put it on your playlist, or putting it on your IPod.

  67. Re:Enough is enough - Time to amend the Constituti by Tubal-Cain · · Score: 1

    ...something as trivial as copyrights should not be part of the very foundation of our country. Its not THAT critical.

    It already is part of that foundation. commodore64_love's amendment would edit one line of the Constitution, not add new ones.

  68. missing the point by progkeys · · Score: 1

    Woah, hold on here. The real story here doesn't have anything to do with 30-second sound samples. Artists and publishers want to be paid royalties on songs used in downloaded movies and TV shows. TV networks have to pay, so should Amazon, Hulu and Apple. This is a huge issue for composers that make their living from scoring TV shows. As viewers migrate away from TV to online viewing/downloads, that will decimate an extremely important revenue stream for working composers.

    I agree though that paying for 30-second samples goes too far and that should be taken off the table. I would like to see a reference for where the reporter got that information. No artist or publishing company I know wants that nor is lobbying for it. Sounds like Apple spin, to me.

    1. Re:missing the point by moredots · · Score: 1

      Yes... but...

      These groups even want compensation for iTunes' 30-second song samples.

      This is the only ridiculous part of the request. As far as downloaded movies and TV shows go, if the same royalties are paid for DVD sales, they should be paid for the purchase on iTunes, Xbox live, playstation store, etc.

    2. Re:missing the point by loners · · Score: 1

      I would agree with you but the great quote from the article says it all:

      That's because traditionally, composers of this kind of production music gave away sync rights in the hope they would make money from performance fees.

      Don't give away the sync rights. They are basically seeing that there is not going to be that many "performances", so stop giving away the part that will make money.

      This is another case of not wanting to change the way they do business.

    3. Re:missing the point by Anonymous Coward · · Score: 0

      It's not. I work for an internet music retailer, and they're going after everyone on this. We specifically altered our samples to come in at under 30 seconds, to avoid this. Now the length of a "performance" has been changed again. It's not just ASCAP and BMI, either. SESAC came after us years ago. CMRRA is starting to go after US retailers as well... trust me, once one PRO (Publishing Rights Organization, for the uninitiated) comes up with an idea on how to wring more money out of music retail, all the others pile on the proverbial football.

      To expand on the "coffee-shop scare tactics" mentioned above: A genuinely beneficial non-profit royalty collection company would be straightforward about how they collect royalties; i.e. at some point the entire thing is reducible to math (greatly simplified: rate A x Songs Played In PRO Catalog B = Royalty Payment C).

      One high-modded commenter above mentioned that there is fancy software that keeps track of this stuff for radio, and there definitely is.

      The problem / boon (depending on how you look at it) is that no such software exists for a large portion of the digital music industry. Moreover, the volume of listens / traffic is high enough that, without personal control over how the tabulation happens (i.e. there is no rigorous technological uniformity yet), many PROs don't give a shit about tracking individual listens, or even whether those listens are for works they represent, unless the retailer / "performer" is either a] very small or b] very big. (And only when they think they're getting shafted, in either case.)

      For companies the size of the one I work for: The PRO looks at your volume of traffic (usually expressed in Aggregate Tuning Hours, Number of Unique Visitors Per Hour, something like that), and they come up with a multiplier number. No mention is made about how specifically this multiplier number is calculated, and there is no oversight and little room for negotiation. Then you're ordered to pay your traffic number x the multiplier every quarter or year or month (whatever interval is most financially convenient for the PRO). In other words, they tell you what to pay. Oh, they adjust the multiplier every so often as well. For inflation, you know. Gotta stay current.

      While I'll grant that PROs are (in theory) a good idea for legitimately protecting the work of for-profit songwriters, anyone I've known who's had to deal with them (including artists who aren't in that top 10% of hit-writers) immediately, unquestioningly agrees with the statement: "PROs run things like the Mafia."

      In a way, I see this as a good thing. Apple has so much power over pretty much the entire music industry right now, they are in a position to expose how ridiculous this extortion is. If only I believed they'd actually do so...

      Sorry for the work-rant.

  69. Deterent by DoofusOfDeath · · Score: 1

    I'm going to tell ASCAP that every time they lobby Congress, I'm not going to kick a puppy.

    They'll stop lobbying within the week.

  70. Re:Enough is enough - Time to amend the Constituti by Tubal-Cain · · Score: 1

    Well, we've tried having it not set in stone. End result: Copyright only gets longer.

  71. No Sample, No Sale by pubwvj · · Score: 1

    ASCAP doesn't understand. Without getting a chance to hear a sample of the song I would not bother buying it in most cases. They make sales through samples. Idiots.

    1. Re:No Sample, No Sale by MrMista_B · · Score: 1

      ASCAP doesn't make money from sales.

      They make money from licensing.

  72. In the UK, if you play a radio in a barn... by Anonymous Coward · · Score: 0

    for the animals to be "soothed" and there is someone other than you in the barn then you have to get a license for the performance.

    Mmmmmmmmmooooooooo! Baaaaaaaaaaa! Meow.

    http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article5581353.ece

  73. Easy solution for this by Anonymous Coward · · Score: 0

    If ASCRAP wants to charge Apple a "perfomance fee" for every 30 sec song sample , Apple should turn around and charge them promotional advertising fee AND bandwidth costs for providing that sample to a potential customer.

    Is lobbying congress to use the power of legislation to ensure that your market will generate income forever the new American Way?

  74. a sore spot for me by Anonymous Coward · · Score: 0

    I own a store and have to pay the extortion to ASSMUNCH, and it pisses me off. I am FORCED to PAY to provide their artists exposure by playing the radio (which already paid the extortion) which in turn benefits ASSMUNCH by facilitating album and concert sales. What a racket - truly double dipping. I would like a streaming audio service that guarantees no ASSMUNCH material - my customers certainly would not stop coming in because of that. I hope Apple can contribute to the demise of what I feel are Rico-statute-violating organizations.

  75. ASCAP Says Apple Should Pay ... Da Dum De Dum by hunnybunny · · Score: 1

    Hey, I've got a song called "ASCAP Says Apple Should Pay For 30-sec. Song Samples".

    Thay can't say that.
    I wrote that, it's in the chorus. ...and the whole goddamn song is only 29s long.

    man, this is a legal minefield.

  76. Re:Enough is enough - Time to amend the Constituti by drinkypoo · · Score: 3, Insightful

    Yes, but the problem is this... who is it that can add an amendment to the constitution? Damn, it's the same congress that can be bribed with corporate donations...

    Congress is made of men. (I'm speaking English here, let me run with it.) If they are not doing the will of the people, the people are not using enough boxes.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  77. Re:Enough is enough - Time to amend the Constituti by nurb432 · · Score: 1

    Yes, i realize that.

    But beyond that i don't think it should be in there in the first place, i don't personally acknowledge amendments 11+ as being valid. Its 1-10 only.

    --
    ---- Booth was a patriot ----
  78. Whores by Legion303 · · Score: 1

    "Taking their case to Congress
    Apparently, the music industry can't obtain the fees through negotiations. They have begun lobbying Congress to pass legislation that would require anyone who sells a download to pay a performance fee, according to David Israelite, president and CEO of the National Music Publishers Association."

    Lobbying = bribing, so these guys will probably get their moneys' worth from the whores they pay for.

    Watch the teeth, senator.

  79. Re:Enough is enough - Time to amend the Constituti by Tubal-Cain · · Score: 1

    Why not?

  80. A rename by sdsichero · · Score: 2, Funny

    Shouldn't "ASCAP" just be renamed "ASSHATS"?

  81. Re:Enough is enough - Time to amend the Constituti by mishehu · · Score: 1

    If it's not that hard, I'm surprised we have so few of them...

  82. ah wait a sec - this is ASCAP! by BLKMGK · · Score: 2, Interesting

    WTF, not RIAA this time, instead it's ASCAP> WTF are they smoking?! Why does everyone have to have their hands out? Hey when some twits ringtone goes off are you going to find a way to charge for that "performance" too?! Man at some point these "content" folks are just going to get right out of control! Oh wait..... too late!

    --
    Build it, Drive it, Improve it! Hybridz.org
    1. Re:ah wait a sec - this is ASCAP! by lorenlal · · Score: 1

      It's greed, the bottom line, and the people at the top don't have a clue how technology works in their favor... They are just looking for more streams for revenue. It's short sighted business gains so they can look good now. 5 years from now doesn't matter if they can make enough money now.

    2. Re:ah wait a sec - this is ASCAP! by Brian+Gordon · · Score: 5, Insightful

      No, it's business. Men in suits sit around quoting business concepts at each other until they convince themselves they have a good idea.

      They're executives, the way they work is by outsourcing their specialized thinking to others while they manage. I'm sure they honestly don't know how stupid they look. They read a report that mentions in passing the 30-second preview, they reel and can't understand why they're giving away content for free. They call in the secretary and set up a meeting with their iTunes lead. The poor guy tries to explain how obviously it's of enormous benefit to offer a preview. The MBA hears some engineer admitting that he's following his personal opinion in a matter of possibly huge importance to the company. The MBA looks for a real report done by Research with real numbers and tables and projections that confirms the engineer's opinion-- and there are none. He assigns a team in Research to investigate the matter and recommend any disciplinary action against the engineer. Research consults Legal, they say they have no contract with iTunes for getting paid for their content when it's in a 30 second sample. They contact the MBA, give him a preliminary report that confirms his suspicions. He sets up a meeting with Apple to discuss future payment. MBA gets laughed out, MBA lobbies congress.

    3. Re:ah wait a sec - this is ASCAP! by b4dc0d3r · · Score: 4, Funny

      I read slashdot to *escape* the workplace, not relive it.
      *sigh*

    4. Re:ah wait a sec - this is ASCAP! by shaka · · Score: 1

      Hey when some twits ringtone goes off are you going to find a way to charge for that "performance" too?!

      Er... Yes.

      http://www.eff.org/deeplinks/2009/06/ascap-wants-be-paid-

      http://www.p2pnet.net/story/23663

      --
      :wq!
    5. Re:ah wait a sec - this is ASCAP! by Baricom · · Score: 1

      Hey when some twits ringtone goes off are you going to find a way to charge for that "performance" too?!

      Yes, that's exactly what they're going to do.

  83. Do a little checking... by Anonymous Coward · · Score: 0

    While I will quickly agree that the music royalty system is convoluted as hell, ASCAP is somewhat different than the RIAA. The money that ASCAP collects goes to the people that actually write the music, not the ones that perform it. A comparison between ASCAP and what RIAA does is like apples and oranges. I am a performer/songwriter so have had to learn way more about this stuff than I wanted to. I don't agree with what ASCAP is trying to do is this case, but without them, the people who actually create the songs wouldn't have much motivation to write them. I'd suggest folks do a little reading on what ASCAP does and figure out how they are different from the RIAA.

  84. Apple should stop providing samples. by kinabrew · · Score: 1

    Apple should stop providing samples, and watch revenues from music sales plummet.

    Within a week or so, Apple will be providing samples again, and ASCAP won't dare to suggest again that Apple should stop providing the incentive for people to try music they might later purchase.

  85. Can I flame/vent please? by NSN+A392-99-964-5927 · · Score: 1

    Shag iTunes from behind, hump Apple and Steve "blow" Jobs, jailbreak iphones with better firmware. Torrent an app for this and an app for that or just code an app yourself! How much longer do people have to be sucked in to such crap, No fun and tis not a rap!

    --
    All cows eat grass!
  86. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    Another shit-eater trying to pick and choose his way through the constitution. This isn't the country for you. Maybe you should go back to your Jewish motherland and practice hypocritical methods on the Palestinians like everyone else there. I bet you're a fucking Jew too.

  87. I don't see the problem. by raehl · · Score: 3, Insightful

    Sometimes when someone is hellbent on causing their own self-destruction, and they want your help, you should give it to them! So if ASCAP wants a law that requires anyone playing a 30-second sample of a song to pay a fee, then let them have it! All the law will do is hurt their sales, which is exactly what they deserve!

    1. Re:I don't see the problem. by amicusNYCL · · Score: 2, Insightful

      I agree, if they don't want people to be able to do that as I programmer I would be happy to comply, it's only going to hurt them. I'm just saying that dropping support for ASCAP-related music in iTunes would drastically hurt the sales in iTunes (which would hurt both Apple and the music biz). Since it's affecting Apple's bottom line I doubt they're willing to comply, which is probably why ASCAP hasn't been successful at negotiating this ridiculous fee.

      I mean, it's fine if they want to charge people for performing their music, and it's fine if they want to charge people for downloading their music. But it's pretty ridiculous to try to add online music sales as one definition of "performing", because it's just not.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:I don't see the problem. by dgatwood · · Score: 1

      No need to drop the music. Just stop making previews available. Then stand back, watch the impact on their sales, and wait for them to pull their heads out of their asses. As an ASCAP member myself, one of these days, I should write a letter or something to tell them to stop being idiots. *sigh* There's never enough time to correct all the idiots in the world. They are simply too great in number and proliferate too quickly.

      --

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

    3. Re:I don't see the problem. by arminw · · Score: 1

      ....Just stop making previews available....

      And have a little window will come up that explains that this preview is not available because ASCAP wanted to be paid for the preview.

      --
      All theory is gray
    4. Re:I don't see the problem. by TheLink · · Score: 1

      As a member, would you get the money from the itunes 30 sec preview?

      Or would you only get money from other sorts of play? How much money goes to "administration" and how much goes to the artists? Is it audited?

      I'm usually suspicious about groups that go around allegedly collecting money on behalf of "everybody". I'd rather deal with only one entity that does that sort of stuff e.g. the Government. And at least I can try to vote for a different government.

      Otherwise it sounds a bit like extortion.

      --
    5. Re:I don't see the problem. by c-reus · · Score: 1

      1. Charge people for listening to previews
      2. Watch sales numbers drop
      3. Blame piracy
      4. ???
      5. Profit

    6. Re:I don't see the problem. by Anonymous Coward · · Score: 0

      When will they start charging music stores that allow people to listen in store before they buy? How about requiring libraries to charge a rental fee for borrowed music? Where does this insanity end?

      As much as I'd like your idea, this whole thing screams "slippery slope".

    7. Re:I don't see the problem. by dhaines · · Score: 1

      ... So if ASCAP wants a law that requires anyone playing a 30-second sample of a song to pay a fee, then let them have it! ...

      And once the law is in place, iTunes can provide 29-second samples.

    8. Re:I don't see the problem. by kerrbear · · Score: 2, Funny

      > But it's pretty ridiculous to try to add online music sales as one definition of "performing", because it's just not.

      Agreed. I will pay performance fees if and only if the 30 second sample is an actual live performance at that moment just for me to sample the tune.

    9. Re:I don't see the problem. by mabhatter654 · · Score: 4, Interesting

      This a repeat of the game they play with radio stations. When you hear really long concert commercials with the band's track playing the whole time it's promoters gaming the ASCAP system for extra radio plays. I think radio stations have to count a "play" at 15 seconds or something, and now ASCAP want's samples at a "play" rate.

      We're still dealing with fallout from the "digital" versus CD distribution. Just like performance artists don't get $2.50 ringtone royalties (those go directly to the publisher) the per track royalties ASCAP gets for CDs (and probably digital rentals of movies/TV shows) aren't contractually written for "digital" mediums at all, or for a reduced rate. ASCAP lost it's chances with Hollywood on this one fare and square. They tried to hold up early DVD releases of TV seasons (Freaks and Geeks was a famous one on Slashdot that actually had to reedit soundtracks because ASCAP artists wouldn't budge) playing contractual games and lawsuits. They won some lawsuits but in a limited enough fashion Hollywood was able to get the last laugh by getting "blanket" licensing for thing like CDs and TV seasons directly from the artists before even letting them work, and added the "digital" parts to distribution for TV, movie, DVD, etc. ASCAP is trying to end-run contracts and get Congress to create yet another new "on the internet" fee for "web distribution", but not the same web distribution covered under the webcasting clearing house (same rules as radio play) or the "sale" royalties for things like iTunes and emusic (counts as "CD" sales, not webcasting).

    10. Re:I don't see the problem. by dgatwood · · Score: 3, Insightful

      Presumably, if I had songs on iTunes, then yes, I'd get some fraction of a cent or something. ASCAP and BMI don't collect for everybody. You're thinking of Sound Exchange. ASCAP collects only for its members, as do BMI and SESAC. For any composers or publishers who aren't a member of one of those three performing rights societies (or any of the other similar groups in other countries), the person making the recording or airing it or whatever generally has to track down the composer and publisher through some other means.

      The net effect of this sort of thing, if passed, would probably end up being (at most) a fraction of a cent per play of such a snippet, which translates to almost nothing for all but the biggest artists, but if it ends up causing previews to be less accessible, would translate to a huge loss for all but the biggest artists (who probably wouldn't see much difference). Thus, I'd expect the biggest artists to want these laws and everybody else to think there's not enough crack in the world. :-)

      --

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

    11. Re:I don't see the problem. by dgatwood · · Score: 1

      I can't imagine any store charging for listening to previews. Well, maybe somebody might, but most would probably roll it into the cost of doing business and raise prices as needed. I suppose you'd end up paying for it either way, but I wouldn't expect it to be explicit.

      --

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

    12. Re:I don't see the problem. by turgid · · Score: 1

      There's never enough time to correct all the idiots in the world. They are simply too great in number and proliferate too quickly.

      Indeed.

  88. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    Good point. I guess that's why Congress is pushing government-run healthcare with a simple majority vote, even though Constitutionally it requires a 2/3rds amendment process to grant said power to the U.S.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  89. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    if your going to use links using the words panties the size of an eyepatch at least give a link to the lobbiest such as http://cal-access.ss.ca.gov/Lobbying/Lobbyists/Detail.aspx?id=1268268&session=2009

    no panties in view on this page but

    ETHICS COURSE COMPLETION DATE REGISTRATION DATE STATUS
    11/12/2008 -------------------- 04/14/2009 ------------ Active

    deserves some sort of appreciation of her erm dedicated lobbying.

  90. Re:Enough is enough - Time to amend the Constituti by Daniel_Staal · · Score: 1

    I don't know... More and more the actual base-level production is handled by machines operated by very few people. Most of the economy is either providing services to other people, or coming up with ideas on how to make those machines and services better. (As well as entertaining the people.) The latter of those two is the more profitable, in the long run.

    Basically, copyright has become the foundation of much of our economy, and the percentage of our economy it influences is getting greater and greater. Given that copyright/patents was one of the main points that caused the USA to revolt against England back in the day (there were several large areas where a colonial couldn't hold or use patent/copyright, but someone in England could... Also, things like the Stamp Act were copyright-related), it might well be important enough to be part of the very foundation of the country.

    --
    'Sensible' is a curse word.
  91. I call distinction without a difference by tepples · · Score: 4, Interesting

    I call distinction without a difference. Publishers in ASCAP and record labels in RIAA tend to have the same parent companies.

  92. ASCAP & BMI represent artists, not labels by StabnSteer · · Score: 4, Informative

    As a performing artist, I know all too well how ASCAP and BMI work. They are actually artist organizations (they don't represent the labels) that pay the artist directly for "performances" of their music. Any public performance of an ASCAP or BMI artist's music is supposed to be supplemented by payment, usually in the form of a contract between the venue and ASCAP/BMI. The money the venue pays to the organization goes into a pot - and then this money is distributed to the artists. Nice idea, in theory. The problem begins when one looks at how these organizations pay the artists. It is almost entirely based upon radio airplay, so the system doesn't work particularly well except for the big players in the game.

    ASCAP is well-known in cities for cracking-down on places like coffee houses that have live music - they send in what are essentially thugs to scare the venue into paying what works out to be "protection money" to keep ASCAP from suing them in the event someone plays an ASCAP-artist song during an open mic or live music event. Rather than trying to come off on a more positive marketing angle of trying to help out the music business and the artist, which ASCAP could easily create a pretty compelling argument for, they instead use strongarm legal language and intimidation. I know many coffee houses who simply won't allow live music due to a scary visit from ASCAP or BMI thugs.

    Much like the RIAA, these "artist" companies, due to their plainly nasty way of dealing with their clients and the public, are simply in the business of making money off other people's work. This is why I am not a member of any of these organizations and work hard to support venues who don't cave-in to the pressures these organizations place on them. Original live music, owned by the performer - that cannot be touched by these cads.

    1. Re:ASCAP & BMI represent artists, not labels by mcgrew · · Score: 1

      Original live music, owned by the performer - that cannot be touched by these cads.

      Yes, it can. I know two different bar owners who only hired bands who only played their own original music, yet ASCAP still threatened them with letters from lawyers. ASCAP can bankrupt a small businessperson with legal fees.

  93. Firing squad by tepples · · Score: 1

    The Upper execs should be fired.

    At.

  94. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    >>>i don't personally acknowledge amendments 11+ as being valid. Its 1-10 only.

    Oh you're one of *those* persons. Yeah I've met people like you when I belonged to the Libertarian Party. It's why I eventually quit, because they say ridiculous things like "amendments 11 and up are not valid". I can understand questioning if the Civil War amendments are valid, but not those amendments passed per the Constitution's established rules (3/4 vote of the Legislatures). Those amendments are legally binding.

    Libertarians are good overall, but the party is dominated by a bunch of nutters that scare away voters (which means the LP will never win). Some of them think it's better to let people starve on the street, rather than have Food Stamp/Housing programs as a safety net. Others say income tax is not legal, even though the Constitution says it is. And still others claim the U.S. is not a government at all, but a British corporation?!?!? These are mentally challenged persons.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  95. Re:Enough is enough - Time to amend the Constituti by zblack_eagle · · Score: 1

    Also, what patents (should cover) are practical, while what is copyrighted (should) contribute to culture. And there's no "fair use" equivalent for patents, not that I'd know how such would be possible.

  96. Bad analogy? by tepples · · Score: 1

    I guess that's why Congress is pushing government-run healthcare with a simple majority vote, even though Constitutionally it requires a 2/3rds amendment process to grant said power to the U.S.

    If the Constitution said "The Congress shall have power to lay and collect taxes to provide for the general welfare of the United States", would publicly administered healthcare still be out of the question? In fact it does:

    The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States (Article I, Section 8).

    So if you're trying to use an enumerated-powers argument against the excesses introduced to U.S. copyright law over the past couple decades, I'd recommend choosing a different analogy.

  97. Only Apple? by Neanderthal+Ninny · · Score: 1

    Every company that sells music either download or physical media has an sample of music they sell. Why don't they go after other companies like Amazon or Bestbuy. This sampling is necessary to find out which song you want before buying it since so many song have very obscure titles.
    This is just the greedy record companies being normally greedy.

  98. Re:Enough is enough - Time to amend the Constituti by tepples · · Score: 1

    And what body would you propose should do the setting in the constitution?

    A convention called by three-fourths of the state legislatures to propose and ratify an amendment.

  99. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    How long is it now? 100 years? Pretty soon I expect Disney will petition (read: bribe) Congress to extend it to 200 years, so they can protect their precious copyrights over ancient cartoons drawn in the 1920s. That's ridiculous. The men who drew those cartoons are dead and buried, and the copyright should have expired with them or shortly thereafter. Those cartoons should be public domain now so everyone can enjoy them, even the poor.

    The only solution is to put the time-limit in the Constitution, that way it can not be altered by the corporations.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  100. Re:Enough is enough - Time to amend the Constituti by nurb432 · · Score: 1

    Easy, not that i dont agree with the concept of what the 5th offers, i just feel that 11+ were not worthy of an amendment. They may ( or not in some cases.. ) be valid things points, and put into law, but i dont feel they belong in the *constitution* itsself and adding them was abuse of the 5th.

    --
    ---- Booth was a patriot ----
  101. The other Apple by tepples · · Score: 2, Informative

    What's going to happen at the end of the day is that Apple and other online music services are going to make their own damned labels

    If Apple Inc. did that, the other Apple might complain.

  102. Re:Enough is enough - Time to amend the Constituti by foniksonik · · Score: 1

    When the country is founded on invention and the right to distribute ideas - it is THAT critical.

    Without progress through invention and freedom of information we will not be able to compete with other nations. It is a balance of individual rights and societal rights - it is THAT critical.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  103. Re:Enough is enough - Time to amend the Constituti by commodore64_love · · Score: 1

    No because I can write a book over the weekend, take it to a printing shop, and have it in stores within 1-2 months. I can quickly reap the rewards of my effort, and 14 years is plenty of time for me to get rich off that book.

    In contrast if I was working on a new battery technology, it takes time to develop it - usually 10 years - sometimes 20 years until it gets to market. Example - FM radio and TV took about 20 and 15 years before they finally hit store shelves... and even longer to turn a profit. So it's logical to make inventions have a far longer timespan for exclusive privileges.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  104. Shame on congress and lobbying system by Anonymous Coward · · Score: 0

    This is a ridiculous endeavor on the part of ASCAP, but what is more ridiculous is the fact they want to force this through a law change by lobbying congress. It is as if a private party just uses its economic influence to change the rules of the game for its own benefit, and to the determent of the weaker group (not apple, but the consumers who do not have a lobby that is powerful as that of corporations). This system of "buy me a law" is clearly harmful to society since it enables those with more money to control those with less money, which goes directly against the ideals of democracy and equality.

    It is a shame that congress today is bought and sold through corporate money, without regard to the interest of the populace they represent. This system must change so that it represents the interests of the people, and that can be achieved by banning lobbying (at least by private corporations), and by increasing the amount of political representation in congress, rather that just having a two party system, and that can be achieved by gaining seats in congress through the percentage of votes to any given party, rather than having a "win it all" system that id divided based on geography.

  105. Go after the only company saving your industry? by Jackie_Chan_Fan · · Score: 3, Interesting

    This is why the music industry is dieing. Instead of doing fair, rational and sane business... they eat themselves alive as they search for every penny.

    You know, really good stores... treat their customers well. They toss in free things, they treat the customer like a fair person.

    Apple is the saving grace of the entire music industry. Its not just itunes, its iPods, iphones, and macs themselves!

    The RIAA is going to after the one entity that is trying to bring progress to a dead industry built on greed, corruption and casting couch rape sessions?

    Attn: RIAA. Free previews, are free advertisements and the RIAA are a bunch of stupid assholes.

    Itunes does not need the RIAA. In fact, itunes can completely replace the RIAA all together. Why have record labels at all? Itunes could be your record label. Sell directly to consumers just like iphone Apps.

    Who really needs you any more RIAA? No one. SO BE NICE, and enjoy what you have now, rather than squeeze yourself out of existence by your own greed.

    Frankly... go ahead and do it, fuck yourself to oblivion. We'll just buy stuff from the itunes/disney label which will feature all of the artists you lost.

  106. In other news by smd75 · · Score: 1

    Apple says ASCAP should pay for the cost 30-sec. song samples as advertising.

    --
    Im a troll because I disagree with you.
  107. Re:Enough is enough - Time to amend the Constituti by jfengel · · Score: 1

    Yeah, good luck with that. I bet you couldn't get 3/4 of the state legislatures to agree that grass is green.

  108. Morons. by Anonymous Coward · · Score: 0

    Does Borders pay anything for the listening stations in their store every time someone samples an album? Why shouldn't Amazon pay the same fee Apple pays (they both have previews)? The television and radio stations pay for song use but why not demand a surcharge on radios so the music industry can tax both end of the chain. Way to go, ASCAP, you may be even more stoopid than the RIAA (doubtful but why give them a run for their money).

  109. Re:counterproductive: inures people to "infringeme by internettoughguy · · Score: 1
    I don't think driving while stoned is much worse than driving when tired, or chatting to someone on the phone while driving.

    Both of those things are wrong, but people don't see them as being as bad as "driving under the influence".

  110. You know what by Tigersmind · · Score: 2, Informative

    Fuck these people. Damn dirty, no-good rotten, greedy, lifeless, soulless, talentless hack job bastards.
    Even the Wallstreet/Banker CEO pricks must stand in awe and wonder on how this bunch of pricks can make an extra dollar.

  111. Why am I not surprised? by gearloos · · Score: 1

    These fleebswits need to get a clue. Perhaps if everyone stopped buying music entirely for a month, we could show them something. No, wouldn't work, too many would just go along with it...Alas, "You can't fix stupid!".

    --
    "Computers are a lot like Air Conditioners" "They both work great until you start opening Windows"
  112. Wishful thinking by m509272 · · Score: 2, Interesting

    Wouldn't it be nice if we could get the entire country or even better world to not buy any music for a few days in protest of the RIAA / ASCAP / Record Labels BS NAZI tactics? Any other business that pulled this BS would be out of business in a second. Imagine walking into a car showroom and them saying "Ok, that'll be $20 to take a testdrive" or a clothing store to say "That'll be $2 to try that on"?

  113. Simple by Anonymous Coward · · Score: 0, Funny

    ASCAP go fuck yourself.

  114. Abusive Monopoly by Anonymous Coward · · Score: 0

    ASCAP sounds like an abusive monopoly to me. I think the best possible outcome would be for for Amazon to enter into an expensive antitrust legal battle in which ASCAP eventually gets broken into multiple units, while Amazon, the one-click patent abuser, goes bankrupt. Just my opinions.

  115. ASCAP would have to blink first by SuperBanana · · Score: 1

    O RLY? Do you realize how many individual artists ASCAP represents?

    Do you realize how many individual artists would immediately see their royalty checks evaporate if they get dropped by iTunes? And that when those songs disappear from iTunes, people will start downloading songs and albums? Discover indie artists? Go back to seeing music locally in bars and concert halls?

    Apple has billions upon billions in the bank- plenty of cushioning to survive a momentary drop in revenue. Artists rely on that income stream to put bread on the table. I'd give ASCAP less than a week before they'd be back at the door begging iTunes to take them back, on account of the people camped out on their doorstep with pitchforks and torches.

  116. I only wish Apple had the balls by acid06 · · Score: 2, Insightful

    It would be amazing if not only Apple removed the 30-second song clips from those artists but, instead, started to charge them for the privilege of having a song preview.
    That would be amazing. Bonus points if they were really naughty and only charged those artists affiliated to this entity - and we all know Apple is perfectly able to directly sabotage anyone who gets in their way (i.e. Palm Pre syncing with iTunes).

  117. ASCAP by Anonymous Coward · · Score: 0

    anyone notice how ASCAP is very similar to ASSHAT?

  118. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    P.S.

    I should probably explain: I think "Right" needs to be changed to "Privilege" for the simple reason that rights are timeless. They are an innate quality of being human and never expire. Therefore a limited-term copyright is not a right, but merely a privilege extended by the ruling government.

    You are thinking of "natural" rights. Among others, there are also "civil" rights, which may or may not be particular applications of natural rights, but are created by positive law (an act of government) for a specific purpose - privileges. I would generalize that while most of the rights named in the Declaration are natural rights, the ones mentioned in the Constitution are civil rights.

    I had a lot of trouble with the issues of copyright until I was reminded that I should not think of associated rights as Lockean natural rights, but as man-made rights designed for a limited purpose. This debate as well as many others has been confused by the idea that all rights are natural rights.

  119. Ya well by Anonymous Coward · · Score: 1, Funny

    Prostitutes charge even if you only last 30 seconds, I know from experience :-(

  120. BAIL OUT by Anonymous Coward · · Score: 0

    Sounds like we should take one out of Obama's play book, the music industry is to big to fail, we need to bail them out. Also since your media music sales are going down, we will make a deal, bring in your playable, CD with case and album jack and we will give you $5 toward the purchase of a new Blu-ray Music DVD, slim case CD's do not qualify, must be playable, must have been owned by you for more than a year, can not be burned, can not be older than 9 years. You can only used the $5 toward a Blu-ray Music DVD, because hold more data.

  121. Corporations can't donate to campaigns by snowwrestler · · Score: 1

    "The law also prohibits contributions from corporations and labor unions. This prohibition applies to any incorporated organization, profit or nonprofit."

    http://www.fec.gov/pages/brochures/citizens.shtml

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    1. Re:Corporations can't donate to campaigns by mr_dillrod · · Score: 1

      Not really true. Check out "Section 527" groups.

    2. Re:Corporations can't donate to campaigns by snowwrestler · · Score: 1

      527s cannot donate to campaigns either. In fact, they are forbidden from coordinating with campaigns at all.

      --
      Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
    3. Re:Corporations can't donate to campaigns by Eil · · Score: 1

      I'll see your letter of the law, and raise you a reality

    4. Re:Corporations can't donate to campaigns by snowwrestler · · Score: 1

      From your link, in red:

      "The organizations themselves did not donate, rather the money came from the organization's PAC, its individual members or employees or owners, and those individuals' immediate families."

      If you give money to a candidate, Open Secrets will count that toward the total for your employer, even if your choice to give had nothing to do with your employer.

      PAC money is also made up only of individual contributions. Corporations can pay PAC administrative costs but cannot provide money that will pass through to a candidate.

      --
      Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
  122. Re:I'm not sure what's worse: Job's Mob or the RIA by Anonymous Coward · · Score: 0

    No comment otherwise; they know who I am, and I'm next !!

    Polls seem to indicate the current U.S. Congress tops the list.

  123. It's not business by MasaMuneCyrus · · Score: 4, Insightful

    It IS greed. There are successful businesses, and then there are businesses who care about naught but lining their and their shareholders' pockets with money. Time, time, time, and time again, history has shown that you can run a business that people like and make money, or you can be a greedy monster and make money. It works for some time, but will those businesses be around in 100 years? If you go around the world and look at some of the companies that HAVE been around for over a century (a lot of food companies have), you'll find that the workers there are typically treated well and are very happy.

    It's the same as the old king analogy. As a king, you can rule with kindness or you can rule by fear. By kindness and you can have everything you want (and everything your prosperous country can produce) and will be remembered forever. By fear and you can have everything (only what your pitiful starving country can give you) and will be forgotten over the centuries. For some reason, a lot of leaders tend to choose the latter.

    1. Re:It's not business by blackraven14250 · · Score: 1

      Too bad the ones who rule by fear will be remembered just as well as the ones who ruled by an equal measure of kindness. Ivan the Terrible is remembered roughly as well as.....hrm.....I seem to be unable to recall any ruler who has been popular by being good to his people for the duration of his [decently long] rule.

    2. Re:It's not business by mirkob · · Score: 1

      Time, time, time, and time again, history has shown that you can run a business that people like and make money, or you can be a greedy monster and make money. It works for some time, but will those businesses be around in 100 years?

      true, but unfortunately the business is ruled not by the desire to still be there the next century, but to show a profit the next quarter...

      and if some branch of the multinational screw up greatly and die in few years... that bother only the employee not the top manager that go to manage some other establishment!

      the analogy of the good king and bad king had much to it, the good king typically is also relatively good father that want to leave a good reign to his children, the bad one typically (not necessarily so but usually) is a person lusting for power, now and for himself the remote future doesn't matter.

      so now we really need a good king of earth to care for the whole planet, ecologically and economically :)

  124. They should make people pay by MasaMuneCyrus · · Score: 1

    Apple should just add a pay-to-preview feature. When you click on the 30 second preview, a little box pops up, saying "Such and such artists requests that you pay them a small fee of 25 cents to preview this song. Would you like to pay?"

    If such a thing occurred, it would be the biggest boom the indie music scene has ever seen.

  125. Re:Enough is enough - Time to amend the Constituti by Anonymous Coward · · Score: 0

    Even so, How often do people listen to work over 14 years old. When it comes to music and movies, they stand well in the realm of the original copyright laws, which interestingly enough make no reference to fair use. - Not a copyright fan as it is now, but as it was.

  126. Why get upset anymore? by kheldan · · Score: 1

    It's obvious that these people are complete morons, they make the worst decisions all the time, why are we even bothering to get up in arms over news like this? It's become routine!

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  127. *snicker* by Engeekneer · · Score: 1

    Does anyone else giggle like a small girl, think "ASS CAP" and imagine a bunch of executive buttplugs sitting in a meeting?

  128. Just a bunch of thugs. by Anonymous Coward · · Score: 0

    Seriously. ASCAP, RIAA, MPAA and BSA are just a bunch of thugs. Line 'em up against a wall, and shoot the fucking lot!

  129. Re:Enough is enough - Time to amend the Constituti by jez9999 · · Score: 1

    If they are not doing the will of the people, the people are not using enough boxes.

    This is not news, and hasn't been for a long time.

  130. That's america for you by unity100 · · Score: 1

    noone give me the shit that 'american system works' anymore. and noone feed me the bullshit that 'its like that everywhere in the world' either. it isnt. a lot of that corporate filth is cooked in america right on top of your head with the money they earn from you, legislated in your assembly with the reps your votes put there, and attempted to enforce on other countries in the world with your taxpayer money.

    you, basically american citizens, who are the ones most suffering from this, are ironically the ones who are perpetrating this shit indirectly.

    if you dont wake up and shake the lie that 'american dream' (what a fucking dream; you have similar chance of getting filthy rich just as the chance that a normal serf in A.D. 1000 had for becoming a noble through proving his valor in battle), they'll demand that you pay royalties for the lullaby you sing to your children next.

  131. 30 seconds??? Thats a LOT by Stoutlimb · · Score: 1

    Imagine if ASCAP lost. Then it would be legal to play 30-second clips royalty free. Suddenly they make no money from TV commercials. There's a lot at stake here.

  132. Re:Enough is enough - Time to amend the Constituti by Omestes · · Score: 1

    What the hell is a right, natural or civil?

    I really hate people bandying about the term "rights", when there is no definition of what they actually are. Yes, I've read my Hobbes, Locke, and Rousseau, but they don't quite explain it in any REAL way. As far as I can see rights are a social construct, pure and simple. Rights are whatever you can convince other people that they are. There is no objective, empirical, or truly naturalistic definition for the term "rights". If there was, we'd have to find a historically universal example. Unless we're going to claim that "rights" are purely "normative", and then we run into the problem that they are complete baseless and subjective again...

    That and "the Declaration" is completely non-legally binding. The Declaration of Independence has no bearing on our government, and the rights, as an aside, dictated in it are purely over simplified conjecture. Unless, of course, we're going to accept "god given" rights, in which case me and my fellow atheists, and non-Christians, scoff at you.

    Sorry for the hostile tone... The term "rights" just pisses me off, since it is such an empty phrase, unless we completely accept social construction, and then they can be easily reconstructed at whim.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  133. Re:Enough is enough - Time to amend the Constituti by Omestes · · Score: 1

    The "people" DID vote them in, each and everyone of them. Live with it, or vote and convince your fellow voters to vote for, someone else. I'm sick of people SCREAMING incoherently about their democratically elected government just because they, personally, didn't vote for this particular group of rats.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  134. Fair use is dead by Anonymous Coward · · Score: 0

    I see this tagged "fairuse". I can't honestly find an instance where there is fair use. I put up a youtube clip containing exactly 25.6 seconds of a copyrighted song. It got yanked because of a claim by Warner Music. If you look at the history of sampling, courts have decided that as few as 3 notes is considered copyright infringement. You can't even hum a song without it being considered infringement, which was decided in another court case. We have no rights.

  135. Strike! by Stupid+Crunt · · Score: 1

    We need to organize a nationwide, one-week "buyer's strike". For the whole week, nobody buys any online content, or CDs, or DVDs, or anything else. We repeat the strike, every month, until the content industries ask for legislation to a) protect the consumer's right to free previews and "fair use" snippets of any performance, and b) insure that 98% of the consumer purchase price for any content goes directly to the artists, not to the blood-sucking drug-addicted mobsters that run the business. I'd organize it myself, but I'm far too lazy, and I'd never make it through a whole week without porn anyway.

  136. ASCAP is not RIAA by Anonymous Coward · · Score: 0

    As silly as this ASCAP request is, we are not necessarily talking about the artists and record companies here. We are talking about the people who actually wrote or composed the songs here. So while asking for money for what essentially amounts to free advertising is fairly stupid, we are not talking about huge corporate conglomerations like the record companies here.

    ASCAP's site
    http://www.ascap.com/index.aspx

    The 9.1 cents that is referred in the article is how much a songwriter is paid each time a song is sold (CD or digital), but he/she must share that with the publisher 50/50, and then if you co-wrote the song with others, you must share that 50% among the co-writers. So that's how Rick can get a check for 2 cents.

    So the people who actually composed and wrote the songs are screwed even more than the performers even by the record companies.
    More explanation of the royalties:

    http://en.wikipedia.org/wiki/Royalties#Mechanical_royalties

  137. haha by Anonymous Coward · · Score: 0

    How about letting people just preview the whole song and forget charging for a performance. At least that way people could discover new songs that they like easier and BUY them to listen to in the future. Retards..

  138. Oblig. by Anonymous Coward · · Score: 0

    I think you accidentally a word.

  139. FWIW by thomst · · Score: 2, Interesting

    Unlike what seems like everyone who has posted a comment on this story thus far, I am a member of ASCAP. In fact, I'm a member both as an individual artist, and as a publisher (my publishing company represents exactly one artist - me). ASCAP stands for "American Society of Composers, Artists, and Producers". It charges no membership fees, but you must have at least one published song to be eligible for membership. The directors are elected from within the membership's ranks.

    The problem with ASCAP is that its executives all have intimate ties to the legacy recording industry, and that they're pretty much totally unresponsive to input from those of us who don't have such ties. In fact, as far as I can tell, there is no useful mechanism for ordinary members, like me, to affect ASCAP policymaking in any way, shape, or form. Our only power is to vote the bastards out of office - and the problem there is that, as with many other nominally non-profit organizations (I know that seems counterintuitive, but, in fact, ASCAP is chartered as a non-profit organization, which supports itself by charging its members a modest fee for collecting performance royalties on their behalf - a royalty on a royalty, if you will - and, if you are owed no royalties, you pay no fees), elections are essentially popularity contests. "Oh, I recognize that name!" is about as deeply as most ASCAP members think about who they vote for. So the board of directors is mostly dominated by producers, rather than songwriters, and the majority of them are themselves relics of a bygone era, who are, for the most part, digital dimwits, who think of the Internet as the vacuum cleaner that's sucking up all the income from the CDs that aren't selling any more.

    The thing is that, from a songwriter's perspective, what ASCAP is chartered to do is essential to making a living. Not all successful songwriters are members of touring bands. Many of us aren't even (or are barely even) recording artists. Instead, there is a substantial population of members who write songs for other people to record, or write soundtrack music (i.e. - not the hits the TV studios license as theme songs, or background music, but the incidental music that sets the mood, or heightens the tension - music that most viewers don't consciously notice, because that's not its function, but that they would definitely miss, if it wasn't there), or commercial jingles, or even music for videogames. Those members of ASCAP need licensing income in order to pay the mortgage and buy groceries. Few of them are millionaires.

    So, again, what ASCAP does (or, at least, what it's supposed to do) is not inherently evil. The problem is that its executive ranks are filled with unimaginitive dinosaurs. They're not focused on PR, or on pumping up members' sales numbers, because that's not their charter. Their charter is simple and straightforward: to see that their members get paid every time their recordings are performed in public. That those executives are shortsighted enough to try to squeeze Apple (or any other company) for royalties on 30-second samples does not invalidate the legitimacy of writers needing to get paid for their work, just as coders get paid for theirs. The difference is that coders tend to do "works for hire", so their employers own the code they write, whereas almost all ASCAP members are self-employed. If we don't get royalties, we starve.

    Finally, note that Apple is making a pile of money on iTunes. Steve Jobs is not a selfless hero. He's a businessman who has developed a distribution system for music that insures that songwriters receive mechanical royalties (which is where that 9.1 cents comes in) on the sale of individual songs. Mechanical royalties are different from performance royalties. They are paid to songwriters when songs they have written are first sold to individual buyers - essentially, a one-time payment to the writer(s) on each song you, as consumers, purchase, whether in CD format, or as a digital download. ASCAP has nothing to do with colle

    --
    Check out my novel.
  140. Re:Enough is enough - Time to amend the Constituti by Loko+Draucarn · · Score: 1

    link to the lobbiest

    Grammar/Spelling/Word Choice Nazi time.

    The word you want is "lobbyist". Its root is the verb "to lobby", which lobbyists are known for doing, or the noun "lobby", where lobbyists are traditionally found.
    (It may also mean an adherent of Lobbyism, but only with the initial capital.)

    The word "lobbiest", is the superlative form of the adjective "lobby", meaning "having qualities similar to a lob"; "lobbiest" would thus mean "most similar to a lob". It is thus an adjective, which modifies a noun, and thus should not be used as the object of a preposition or the definite article.

    To sum up for you tl;dr kids with the attention span of a gnat, it's spelled lobbyist.

    On an unrelated note, do any other Grammar Nazis have tips for invading Comma Splice Russia? I've been having a bit of trouble there.

  141. Apple already has a license. by random+coward · · Score: 1

    I am sure that Apple's license to the copyright that allows them to sell the songs covers this. Ascap is demanding money for a right that Apple has already paid for. I would love to see them sue Apple and lose and Pay several million in legal fees as the loser of a copyright claim.

  142. Re:Enough is enough - Time to amend the Constituti by drunken_boxer777 · · Score: 1

    Congress is made of men. ... If they are not doing the will of the people, the people are not using enough boxes.

    [Emphasis mine.]

    Genius!

    We need to hire prostitutes to sleep with these Congressmen. The sex workers will whisper the sweet nothings of copyright reform into the ears of those who thought they were getting a free ride (in more ways than one).

    If the Congressmen aren't seduced into carrying out our will, then we'll also have dirt to use against them!

  143. Agree. by DarthVain · · Score: 1

    In a word: Idiots.

    They wonder why their customers are going away in droves, and they are losing money? They can't adapt to the changing technology apparently, and when another company comes around and HELPS them, they try and torpedo them. They must be idiots. It is the only logical answer. I don't mean the kind you poke fun at for the occasional blunder. I am talking about the village kind that you feel really sorry for.

  144. How to get more Entertainment Dollars -- Or Not. by dschnur · · Score: 1

    Here's a hypothesis, let's see if we can flesh this one out:

    1: The peak of the Music Industry was in 1999, with approximate 16.4 billion dollars in sales of CD's alone.
    2: It's less than half that now.
    3: On-line Music sales have only made up for less than 3 billion dollars of the short fall.
    4: The video Game industry has grown vastly in the last ten years. See below. It might even be /directly/ affecting the amount spent on music.
    5: The Internet also provides competition for people's time and limited money.
    6: Other minor factors in the loss of revenue seem to include unauthorized distribution of music, and the wide availability of "singles" via on-line stores that compete with traditional album sales.

    Other thoughts:

    1: There is a finite amount that people spend on Entertainment.
    2: The Music Industry simply has a slice of the pie. It doesn't have a whole one to it's self.

    Here's what seems to currently be happening to counter this problem:

    1: The Music Industry (RIAA) view it as a problem in /only their/ part of the entertainment industry. They don't seem to be addressing the industry as a whole.
        - In 1995, Guy Kawasaki gave a speech to a graduating class. I'm not going to repeat it, but see the link below. Specifically, see Number 8, about the Ice Cutters. A quick summary for the impatient is: If you don't embrace change, then it will happen without you. If that happens, you may find yourself quite lonely one day.
    2: They think that if they can charge fees for items/services they didn't in the past, then they will make up for some of that lost revenue.
    3: They seem to be distracting themselves by pursuing the symptoms of the illness, not the root cause. (Think: RIAA Lawsuits)
    4: By pursuing the symptoms, they are diminishing the "good faith" value of their part of the industry, thus making their slice even smaller.

    Ok, background's done.

    Here's my thoughts:

      If the Music Industry charges for things they haven't in the past, such as Boy Scout Campfire Songs, iTunes Previews, and Royalties on Fair Use items, they won't increase their share of the pie.

      If they continue to pursue the "Bigger Stick" tactics they are using, they will continue to tarnish their reputation, and devalue their "brand."

    People will probably not spend more money on Music as a whole now that there are different things competing for their dollars.

    Additional cost/charges will make the final product more expensive to customers, therefore reducing both the value to them, and the amount they are able to purchase.

    Your Thoughts?

        - Dan Schnur
          (No, not that one.)

    See:
    http://www.nytimes.com/imagepages/2009/08/01/opinion/01blow.ready.html
    http://arstechnica.com/gaming/news/2008/01/growth-of-gaming-in-2007-far-outpaces-movies-music.ars - Older, but insightful.
    http://stuff.mit.edu/people/amlau/clarity/kawasaki.htm

  145. Response from ASCAP by Anonymous Coward · · Score: 0

    Thanks for taking the time to express your point of view. Let me give you
    our point of view. You may not agree, but you might find some background
    helpful.

    ASCAP is the only U.S. performing right organization owned and governed by
    our 360,000 songwriters, composers and music publisher members. We
    represent the public performance of their underlying musical compositions.
    We don't sell music or have anything to do with labels. What we do is work
    very hard to make sure our members are fairly compensated for the use of
    their work in building businesses. Big, small and emerging businesses use
    the compositions of songwriters and composers to establish and grow their
    business. The 30 second clips you reference are sample performances used by
    Apple to sell music. We agree they should be easily available to you to
    make your selections, but their use results in the sale of millions of
    downloads with millions of dollars going to Apple, not to songwriters.

    Interestingly, Apple came to us and asked for a license to publicly perform
    our members' music across all their uses, including those 30 second clips.
    We are in a Federal Court now because we felt their offer was a fraction of
    the value of the songwriter contributions. There are two sides to most all
    arguments and we're willing to let a Federal Judge make the right
    determination. Until then, why would you want to penalize the majority of
    music creators and favor businesses using their work without fair payment?

    The ASCAP EXPO Team

  146. I figure it is only a matter of time by Hillgiant · · Score: 1

    before you will have to pay a fee when a song get's stuck in your head.

    ring ring ring ring bananaphone...

    --
    -
  147. They don't want you to hear it by jwhitener · · Score: 1

    My guesss:

    They don't want you to hear it. Rather, they'd prefer you purchase what they market to you, sight unseen.

    It is much easier and cheaper to promote a handful of big acts (Britney, etc..) than it would be to try to promote thousands of artists effectively. Not to mention it is easier to lock those 5-6 'big acts' into contracts.

    The ease of browsing music and the metadata being created is allowing people to explore and find a much wider variety of artists. Many of whom are probably not even associated with 'big record label X'.

  148. Re:counterproductive: inures people to "infringeme by Anonymous Coward · · Score: 0

    Eh I've seen plenty of typos elsewhere. Stoners don't hold the monopoly on typos. Surprised you can find it so funny without being stoned - I didn't.

  149. iTunes streaming claims especially bunk by LionMage · · Score: 1

    While just about all the claims made by David Renzer et. al. are pure bunk, I took special notice of the claims pertaining to iTunes and its ability to stream internet radio.

    iTunes merely provides a way to index and "tune in" internet radio stations, but is not the originator of the content -- the internet radio station provides the content. Apple isn't even the "broadcaster" of the content, in the sense that once iTunes connects to the station's URL and gets a stream, the network traffic is going from the internet radio station to the listener; Apple's servers don't come into play, except perhaps as an indexing service. (One of the comments in TFA had a similar point, but the author made the mistake of calling Apple the broadcaster.)

    You don't even need to use Apple's official list of indexed internet radio stations. Instead, you can simply enter a URL directly into iTunes.

    The point I'm making is this: Doesn't the internet radio station already pay a performance royalty? According to this article, that's supposedly the case -- and additionally, there's also a publishing royalty that is paid for internet radio. That's inherently unfair, since traditional radio stations only pay the publishing royalty and not the performance royalty.

    Seems as though Renzer and his pals want to double dip and demand performance royalties from Apple for streaming internet radio when they already obtain performance royalties from the actual radio stations themselves.

  150. Re:Enough is enough - Time to amend the Constituti by NormalVisual · · Score: 1

    Partially because there's been a concerted effort over the past several decades to make people think it's uncivilized to even acknowledge the fourth box.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  151. Metamoderators by Anonymous Coward · · Score: 0

    I was threatened with moderator abuse here http://slashdot.org/comments.pl?sid=1375693&cid=29486519