Posts Tagged ‘p2p’

Record Store Owners Blame RIAA For Destroying Music Industry

DESPITE the major record labels’ best efforts to kill it, the single, according to recent reports, is back. Sort of.

You’ll still have a hard time finding vinyl 45s or their modern counterpart, CD singles, in record stores. For that matter, you’ll have a tough time finding record stores. Today’s single is an individual track downloaded online from legal sites like iTunes or eMusic, or the multiple illegal sites that cater to less scrupulous music lovers. The album, or collection of songs — the de facto way to buy pop music for the last 40 years — is suddenly looking old-fashioned. And the record store itself is going the way of the shoehorn.

This is a far cry from the musical landscape that existed when we opened an independent CD shop on the Upper West Side of Manhattan in 1993. At the time, we figured that as far as business ventures went, ours was relatively safe. People would always go to stores to buy music. Right? Of course, back then there were also only two ringtones to choose from — “riiiiinnng” and “ring-ring.”

Our intention was to offer a haven for all kinds of music lovers and obsessives, a shop that catered not only to the casual record buyer (“Do you have the new Sarah McLachlan and … uh … is there a Beatles greatest hits CD?”) but to the fan and oft-maligned serious collector (“Can you get the Japanese pressing of ‘Kinda Kinks’? I believe they used the rare mono mixes”). Fourteen years later, it’s clear just how wrong our assumptions were. Our little shop closed its doors at the end of 2005.

The sad thing is that CDs and downloads could have coexisted peacefully and profitably. The current state of affairs is largely the result of shortsightedness and boneheadedness by the major record labels and the Recording Industry Association of America, who managed to achieve the opposite of everything they wanted in trying to keep the music business prospering. The association is like a gardener who tried to rid his lawn of weeds and wound up killing the trees instead.

In the late ’90s, our business, and the music retail business in general, was booming. Enter Napster, the granddaddy of illegal download sites. How did the major record labels react? By continuing their campaign to eliminate the comparatively unprofitable CD single, raising list prices on album-length CDs to $18 or $19 and promoting artists like the Backstreet Boys and Britney Spears — whose strength was single songs, not albums. The result was a lot of unhappy customers, who blamed retailers like us for the dearth of singles and the high prices.

The recording industry association saw the threat that illegal downloads would pose to CD sales. But rather than working with Napster, it tried to sue the company out of existence — which was like thinking you’ve killed all the roaches in your apartment because you squashed the one you saw in the kitchen. More illegal download sites cropped up faster than the association’s lawyers could say “cease and desist.”

By 2002, it was clear that downloading was affecting music retail stores like ours. Our regulars weren’t coming in as often, and when they did, they weren’t buying as much. Our impulse-buy weekend customers were staying away altogether. And it wasn’t just the independent stores; even big chains like Tower and Musicland were struggling.

Something had to be done to save the record store, a place where hard-core music fans worked, shopped and kibitzed — and, not incidentally, kept the music business’s engine chugging in good times and in lean. Who but these loyalists was going to buy the umpteenth Elton John hits compilation that the major labels were foisting upon them?

But instead, those labels delivered the death blow to the record store as we know it by getting in bed with soulless chain stores like Best Buy and Wal-Mart. These “big boxes” were given exclusive tracks to put on new CDs and, to add insult to injury, they could sell them for less than our wholesale cost. They didn’t care if they didn’t make any money on CD sales. Because, ideally, the person who came in to get the new Eagles release with exclusive bonus material would also decide to pick up a high-speed blender that frappéed.

The jig was up. It didn’t matter that even a store as small as ours carried hundreds of titles you’d never see at Best Buy and was staffed by people who actually knew who Van Morrison was, or that Tower Records had the entire history of recorded music under one roof while Costco didn’t carry much more than the current hits. A year after our shop closed, Tower went out of business — something that would have been unthinkable just a few years earlier. The customers who had grudgingly come to trust our opinions made the move to online shopping or lost interest in buying music altogether. Some of the most loyal fans had been soured into denying themselves the music they loved.

Meanwhile, the recording industry association continues to give the impression that it’s doing something by occasionally threatening to sue college students who share their record collections online. But apart from scaring the dickens out of a few dozen kids, that’s just an amusing sideshow. They’re not fighting a war any more than the folks who put on Civil War regalia and re-enact the Battle of Gettysburg are.

The major labels wanted to kill the single. Instead they killed the album. The association wanted to kill Napster. Instead it killed the compact disc. And today it’s not just record stores that are in trouble, but the labels themselves, now belatedly embracing the Internet revolution without having quite figured out how to make it pay.

At this point, it may be too late to win back disgruntled music lovers no matter what they do. As one music industry lawyer, Ken Hertz, said recently, “The consumer’s conscience, which is all we had left, that’s gone, too.”

It’s tempting for us to gloat. By worrying more about quarterly profits than the bigger picture, by protecting their short-term interests without thinking about how to survive and prosper in the long run, record-industry bigwigs have got what was coming to them. It’s a disaster they brought upon themselves.

We would be gloating, but for the fact that the occupation we planned on spending our working lives at is rapidly becoming obsolete. And that loss hits us hard — not just as music retailers, but as music fans.

***********

What the music industry should have done is realized that the individual “value” of their product was going down and reduced their prices accordingly to compete. That is what the rest of the competitive enterprising world does. They didnt, because they forgot that they were serving the customer music…….not the gatekeeper of music.. Those days are over…

The internet is not your competitor.

The market changed. There’s no guarantee that says people with middleman jobs (those persons that try to add value by standing between the producer of a good or service and the consumer of that good or service) will have a job forever, even if it seems likely to them. Markets change. People change. For many reasons, some of them you may be in sympathy with, some of them not.

Further, there’s no law chiseled in stone that proclaims a musician’s right to live off album sales. Musicians historically have lived by the largesse of wealthy patrons. Selling sheet music, performances, and recordings yield a certain level of income but for the average musician who is not a star, it needs to be supplemented by teaching, whoring (i.e., playing for weddings/birthdays/after-parties), building and repairing instruments, or a part or full-time job washing dishes, working at a music store, etc.

There’s also no law that says a CD which cost about $0.50 to stamp out has to sell for $15. Cut the prices back to $5 or $8 per disk and you’ll see sales shoot right up. Record albums used to sell for $4 or $5 back in the day, then tapes came along and bumped the price up to about $10 or $12, and then CDs went through the roof. OK already, if a CD *player* now costs around $20 why are disks still so damn expensive?

The amount of money musicians see from a CD sale is vanishing, especially when a middleman has done the production, mastering or promotion work. Do you honestly believe that out of that $15 (or $12 or $18 or….) the musician will be receiving more than $0.25 or $0.50 per copy? Typically not. If you self-produce, as less well-known musicians are forced to do, you’ll have to front about $20,000 in studio time, design, copying and printing expenses, and it takes a long time to make that kind of money back from sales, let alone start to turn a profit. Disks are really a calling card, a way of getting your name out there and popularizing your music rather than some kind of bread-and-butter solid income the RIAA (mafiaa) makes it out to be. Sure, a nationally known act with a dozen recordings out is going to be making some income from record sales but the lion’s share is still going to middlemen.

Because of this situation, I think it makes more sense to simply upload your music and get the public listening to it, then ask these same people to pay to hear you play live. People have long demonstrated that they will pay for great music either live or recorded. There were people making thousands of dollars a month on mp3.com, though most of the musicians there were amateurs. Yet, mp3.com had an interesting business model and I’m very sorry it got bought out.

The RIAA is living in a time warp. It’s no longer possible to monopolize sound waves. Even twenty-five years ago, we became used to constantly taping each other’s records, albums, tapes and even music on the radio. No one was rich enough or crazy enough to purchase every single must-have album out there, even though we all wanted to. So now that we have a much better music delivery system that very quickly distributes music out to millions of people all over the world–let’s take advantage of it and the money will follow. Apple, CDBaby, mp3.com–were thinking creatively and sooner or later a business model will emerge that leverages the current technology and gives musicians back some remuneration for their efforts.

Music isn’t dead, and it isn’t going to die. Let’s face it – as musicians, as listeners – the producers and consumers – we’re going to be fine. As musicians, maybe we’ll have to move to a different distribution model, and maybe it’ll be different as to how one moves to the top of the heap. It’ll still depend on your music to some degree (too bad it isn’t 100%), though…..maybe moreso. As consumers, maybe we’ll have to enhance our searching skills to find stuff we like. Surely the radio hasn’t been a good source for anything but the crassest pop and bottomfeeder “repeat it until it sucks” marketing mechanisms for years….so personally, I look forward to changes in the musical landscape. As for the middlemen, things change. Maybe you’ll have to close your music studio or record store. No sign of that yet for some, but OTOH, you can buy mixing and recording equipment for a fraction of what it used to cost, a rack-mount mastering unit that can really do a very good job……but all in all there are no guarantees for the middleman. Not in music, not in written material, and certainly not in video. If you find a niche and you can make it work, my hat is off to you. If it stops working though, it is you that needs to change – because sniveling about how you thought you’d be able to “spend your life” doing something ‘great’, is just a bit pathetic.

1
Mar

RIAA Announces New Campus Lawsuit Strategy – EXTORTION

   Posted by: AUDIOMIND   in Random

in response to this story……:

http://www.slyck.com/story1422.html

“…………

Many people have become familiar with the mechanics of the RIAA lawsuit engine. One of the agents of the RIAA, such as Media Sentry, downloads a file from an unsuspecting file-sharer. A screenshot is made of the individual’s shared directory, or several files are downloaded to ensure a viable case. The individual’s IP address is then obtained. The RIAA then subpoenas the file-sharer’s ISP requesting the personal information associated with that IP address when the alleged upload occurred. The RIAA then informs the unsuspecting file-sharer of an impending lawsuit, but also gives the option to settle. A typical settlement costs between $3,000 and $5,000 US.

…………..

The new RIAA plan implements a device called a “pre-lawsuit letter”. The plan is currently underway, as the RIAA has already sent 400 of these letters to various college campuses. Basically, the letter is sent to the collegeor university, and is then forwarded to the student. Instead of threatening a lawsuit outrightly, within 20 days the student has the option to settle at a “discount”. The RIAA would not elaborate on how much this discount was. We can only speculate that it is less than the current financial lawsuit threshold of $3,000.”

i give you a song…..



Buddy you’re a boy, make a big noise
Playing music in school, gonna be a big man some day
You got music on myspace
You big disgrace
Kickin your ipod all over the place

We will, we will, sue you
We will, we will, sue you

Buddy you’re a young man, pirate man
Shoutin’ in the school gonna take on the MAFIAA some day
You got music on myspace
You big disgrace
Wavin’ your napster all over the place

We will, we will, sue you
We will, we will, sue you

Buddy you’re an old man, poor man
Pleadin’ with our lawyers gonna make you pay today

You lost your court case
You big disgrace
The MAFIAA kicked you off of myspace

We will, we will, sue you
We will, we will, sue you

5
Dec

The Digital Media Distribution Problem

   Posted by: AUDIOMIND   in Random

Right now we have many disparate systems and models in the marketplace offering films and music for purchase. Each one of these online “shops” has a fraction of the complete global catalogue. Each of them has different rules & different payment systems. Sometimes the media that they sell is tied to a particular device or platform that restricts a consumer’s ability to play content wherever they want and when they want on whatever device they choose. For the consumer this is a fractured, confusing and frustrating marketplace.

Imagine if you had to download a special web browser for each website that you wanted to view and sign up for a separate subscription for each website before you could start using it. It’s like Minitel or Compuserve in the early days. But that’s pretty much what we have right now with most online shops.

This situation is not good for content owners. There is a limit to the number of shops that a consumer will sign up to. And seeing that these shops don’t contain the entire global media catalogue of music a consumer may end up with access to only 20% of what is offered (for instance). Also, after visiting two or three of these shops, most likely the consumer may not find the content they seek and may give up and turn to more convenient methods: illegal file sharing.

Wouldn’t it be better to have legal systems that work *better* than the illegal file sharing systems? Systems that enabled the consumer to browse and search (all?) online shops through its interface (device or application) of their choice. This interface would enable them to purchase content from the globally distributed collection of content catalogues via a payment system of their choice. Making it easier to buy content would mean more reach and more revenue for content owners.

Any web browser (no matter what platform, device or operating system it’s running on) can view any website (no matter what hardware or operating system it’s running on). There is technologically no reason why any device/application couldn’t browse, search and purchase content from the content cloud (globally distributed collection of content catalogues)…..or why any particular online shop couldn’t be a vendor for all digital media – syndicated from all the content owners.

What needs to happen is for device manufacturers and application developers to adopt open business protocols to enable queries and transactions to take place between any vendor and any consumer. Further, the content owners have to agree and decide that this would be a great thing to do. There are a number of ways to introduce these open business protocols and how to engineer these protocols. Each way has pluses and minuses. The adoption rate is an important factor in the choice of protocol and introduction methodology. For instance a “top down” approach may work if there are enough large players who sign on at the beginning of the adoption drive. A “bottom up” approach may be beneficial if there is a ground swell of support from many smaller players.

Once we have these open business protocols in place for rights management, metadata, payment systems, etc., we can start to experiment with various business models. Our business models SHOULD NOT be restricted by the technology we are using. More or less, an open framework allows any number of new and future business models to work too. It would be future proof. Business models could include cross-vendor subscriptions, where the consumer pays a subscription fee to an entity that then divvies out the proportionate share to the content owners depending on what that consumer has listened to or viewed. Equally, content could be passed from one consumer to another – each consumer may have a different “shop” but because they all interoperate, transactions can be routed via each service provider to the correct destination.

For such a framework to be successful – for there to be interoperability between current content distribution systems – the protocols need to be understood by all. The format of the metadata tagged to digital media files is a big issue. Bear in mind that most content owners (big and small) maintain their own proprietary databases (some in spreadsheets or paper), using their own language, formats, conventions, terminology, etc.

There are two approaches to solving the problem of non-interoperable databases. One option is to tell everyone to ditch their current systems and database schema and adopt a new set. But defining the new set can take ages and has a propensity to fail due to business politics. Up till now the accepted way of solving interoperability problems like these is to introduce a set of standards for the industry to adopt and then everything will just work itself out, assuming everyone adopts the new standards. Unfortunately, in the given marketplace people simply don’t always like to talk the same language or use the same terminology.

For example, take two music catalogues published by different record labels. One database calls the track title “song” and the other calls it “work”. How about databases published in different languages? Getting industry to adopt any one set of standard terminology is an uphill struggle given the number of people/organizations in the industry. Why not enable people to talk their own language and use their own terminology.

This is where the Semantic Web comes in. Essentially, it’s a framework that enables people to talk meaningfully on the Internet in such a way that machines can make simple logical inferences. In my example we could set up a statement like “when record label A says ‘song’ and record label B says ‘work’ they mean the same thing”. And at that point we have essentially unified the two catalogues – at least from the consumer’s point of view.

The Semantic Web is still in development. It is cutting edge. What needs to be done is to take a few ideas and incorporated them into our current framework. We should be willing to be compatible with but not reliant on the Semantic Web, creating very simple tools to enable people to publish and search distributed catalogues using this technology.

Companies, record labels included, need to keep on the ball and continue to change their business models (aka innovate) to best capitalize on available technology resources and consumer desires.

Surely though, the time between recording and releasing (the vulnerable time) is insignificant when compared to a track’s total retail life, isn’t it? Or do most music/video sales happen as soon as the as they are released?

So to the content makers what is really the problem? Surely, revenue is the problem. Lost revenue. Potential revenue but not collected. Agreed? Content owners are like any other company and need to return value to their respective share holders, right? It basically comes down to revenue.

So how do you increase revenue? One thing is for sure, we will never be rid of the “opportunity to pirate”. However, we can lessen the desirability to pirate. Lord Puttnam once said “I don’t for a moment believe that it can be in the industry’s interest to “criminalize” its own customers, as the music industry has done in America and intends to do vigorously in all countries, by suing those who trade files online.”

If we are to follow the Lord’s advice then what options are left to us? Instead of the stick shouldn’t we use the carrot? How about enticing the consumer away from illegal file sharing and providing them with an experience far more compelling than what illegal file sharing offers?

Let’s be honest here, today’s online shops are harder to use and impose more restrictions on what can be done with the content than today’s file sharing systems. Also, these same online shops often only contain a fraction of the global catalogue offered by file sharing systems. So, is it any wonder that people continue to take the “opportunity to pirate” – for it’s simpler and takes less time and does not restrict what device/application they can play the content on. And as they say “time is money” and people will do whatever they can to save it.

We have to build better systems than current file sharing systems. We have to be able to offer consumers access to *all* content via the device/application of their choice, using the payment system of their choice, if we want to win back the lost revenue for content owners. And “win” is what we all want.

How many can-pay-for-content applications (like iTunes, Real, Zune, etc) are there? Note that most (not all I’m glad to say) are end-to-end systems – vertically integrated to hardware. Now count how many can’t-pay-for-content applications (the ones built around open protocols like BitTorrent, Gnutella, eDonkey, FastTrack, Freenet, etc.) there are. Note that these are open protocols and not the applications themselves. There are hundreds of applications running these open protocols but not a single one of them has a commerce system built into it.

Why are there so many more developers building these applications that run these open protocols? I’ll tell you – it’s because the protocols are open. It’s as simple as that. These developers would jump at the opportunity to develop applications that ran an open protocol that enabled consumers to pay for their content. They’d love to earn a slice of the revenue through their applications.

The music industry should stop waiting for the likes of Apple, Microsoft and Real to come up with technological solutions that fit the music/video industry’s needs. (These software vendors will wait until the last minute before they capitulate to an open marketplace framework/protocol. And I’d be concerned if they acted in any other way – they are there to serve their shareholders and maximize profits after all. And they currently do this best by building vertically integrated systems). The whole entertainment industry needs to adopt an open marketplace framework/protocol and capitalize on developers to build systems based on such. Take a leaf out of the World Wide Web. Once HTML was defined as an open protocol look what happened.

If I was a very VERY rich man, I’d build the solution……and the rest would be history.

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