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Music Execs Think DRM Slows the Marketplace

Posted by kdawson on Thu Feb 15, 2007 10:22 AM
from the well-duh dept.
MacGod writes "From BBC News comes a story about a Jupiter Research survey conducted before Steve Jobs's anti-DRM essay, indicating that most music industry execs see DRM-free music as a way to expand sales on digital tracks. The survey covered large and small record labels, rights bodies, digital stores, and technology providers. To summarize: 54% of music execs think that current DRM is too restrictive and 62% think selling unencumbered music would be a way to boost sales. Even limiting the survey to the record labels themselves, 48% believe this. Yet, many also believe it's not going to happen without significant governmental intervention — even though most insiders think DRM is harmful, the labels are keen to stick with it. Is this yet another sign of the typical media industry 'head in the sand, refuse to change' approach, or might we be seeing the early stages or some actual change?"
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[+] News: Jobs Favors DRM-Free Music Distribution 755 comments
Another anonymous reader tips an essay by Steve Jobs on the Apple site about DRM, iTunes, and the iPod. Perhaps it was prompted by the uncomfortable pressure the EU has been putting on Apple to open up the iPod. Jobs places the blame for the existence and continuing reliance on DRM squarely on the music companies. Quoting: "Much of the concern over DRM systems has arisen in European countries. Perhaps those unhappy with the current situation should redirect their energies towards persuading the music companies to sell their music DRM-free. For Europeans, two and a half of the big four music companies are located right in their backyard. The largest, Universal, is 100% owned by Vivendi, a French company. EMI is a British company, and Sony BMG is 50% owned by Bertelsmann, a German company. Convincing them to license their music to Apple and others DRM-free will create a truly interoperable music marketplace. Apple will embrace this wholeheartedly."
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  • by LiquidCoooled (634315) on Thursday February 15 2007, @10:25AM (#18023962) Homepage Journal
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    • by David McBride (183571) <dwm@doc.ic . a c .uk> on Thursday February 15 2007, @10:30AM (#18024038) Homepage
      muslix64
      • by cayenne8 (626475) on Thursday February 15 2007, @12:02PM (#18025560) Homepage Journal
        I dunno what their problem is. People WILL always copy songs, and try to get them for free. They did it with vinyl and recording it to 8-track and cassette. Hell, my friends and I did as kids...we'd figure out that each one of us would buy 1-2 albums, each different, and then swap them to record them. That's they way it happens.

        However, now that I'm older...I got money to spend...plenty of discrecionary money. However, I have never bought a single song online. Have I downloaded any mp3's? Years ago when I first discovered them on USENET, sure I did a few...mostly bootless Zeppelin/Stones stuff I couldn't find anywhere else...but, for the most part I pretty much own all the CD's of music I like. I have a high end stereo, and I like to play the best version of a song that I can.

        If they would offer for sale online...lossless songs without DRM so that I could burn hardcopy backups, and my own lossy versions for my car or portable (no big deal with such a poor listening environment)...I'd be all over that. While I like a good deal and free stuff as much as the next person, I don't mind spending money for things I want. I think there are plenty of people out there just like me that they'd make plenty of money off of if they opened things up.

        I just don't want to buy music/video that is of lesser quality and hinders me from doing what I've done with it in the past when a copy I bought was mine to use, play and store as I wished.

        • by LKM (227954) on Thursday February 15 2007, @12:24PM (#18025896) Homepage
          They don't have a problem. They simply see that with DRM, they can get the honest people to pay several times for the same song. The pirates won't buy their music either way, so I guess they figured they are simply going to get as much as they can from the honest guys. It's stupid, of course, but it probably makes sense for them.
            • Re: (Score:3, Insightful)

              by LKM (227954)
              I totally agree. They are trying to maximize short-term profits, thereby destroying their goodwill with the very people who give them money, thereby destroying their long-term profits. I see more and more people who simply don't care about copying stuff anymore. People post those insane ads from the recording companies ("isn't it funny that by pirating movies, you're bacrupting the very bands you love?") to their blogs and make fun of them. Less and less people think it's wrong to copy music.
        • by Kadin2048 (468275) <slashdot@kadin.xoxy@net> on Thursday February 15 2007, @12:43PM (#18026196) Homepage Journal
          Your problem is that you're assuming that DRM has something to do with preventing piracy.

          That is a fallacy. It is something the music companies would like you to think, but it is not really true. DRM is about "maximizing revenue," principally by allowing the record companies to sell the same piece of music over and over, in different formats. Basically, is purpose is to eliminate format-shifting altogether, because that way they can charge independently for a song on CD, as a digital file for an iPod, as a digital file for a cellphone, as a ringtone, etc. etc.

          The music companies have realized that digitization basically means the end of formats that wear out over time, and it will also mean that it's pretty trivial to move your music from one type of playback device (e.g. iPod) to $NEXT_YEARS_DEVICE without them seeing a dime. Since their business model historically has derived a lot of revenue from the repurchasing of music in new formats (45s, 8-tracks, LPs, cassette tape, CD), they want to stop this, even though it's allowed by Fair Use as a simple format shift.

          DRM is only nominally about piracy; in truth, it's about squeezing more money from honest consumers.
          • by dr.badass (25287) on Thursday February 15 2007, @04:18PM (#18029922) Homepage
            Basically, is purpose is to eliminate format-shifting altogether

            If that's so, then why is it that most DRM systems allow format-shifting to DRM-free formats?

            Since their business model historically has derived a lot of revenue from the repurchasing of music in new formats (45s, 8-tracks, LPs, cassette tape, CD), they want to stop this

            Such shifts are too rare to be protected at great expense. The music industry does not live and die based on whether people purchase the same music every few decades -- it lives on lots of people buying different music every year. Consider that the largest group of music consumers today have probably never owned anything but CDs.
            • Re: (Score:3, Informative)

              by Bert64 (520050)
              itunes lets you burn to CD, but i don't think any other forms of drm allow you to do this...
        • Re: (Score:3, Interesting)

          by Maxo-Texas (864189)
          I think you left out "at a reasonable price" but otherwise agree.

          If they were online, lossless without DRM but $2 bucks, a lot of folks are going to pirate them.
          If they were online, lossless without DRM at .25 cents, very few employed 1st world (and maybe 2nd world) citizens are going to pirate them.

          The fact is the value of the songs once they are over a couple years old is really the bandwidth and storage costs plus a reasonable markup.

          What's sick is that right now- today- they could be selling DVD's or US
  • Alvislujia (Score:4, Insightful)

    by BecomingLumberg (949374) on Thursday February 15 2007, @10:27AM (#18023982)
    Other than 'its chilly down here' comments, I have to say I think this is record companies trying to pose like they actually care about the consumer, while still loving the RIAA henchmen they employ. I don't buy it for a second.
    • Re:Alvislujia (Score:5, Insightful)

      by DarenN (411219) on Thursday February 15 2007, @10:37AM (#18024166) Homepage
      Perhaps, but there is a real phenomenon of corporate momentum. It's more than possible that 48% of record executives believe that non-DRM is the way forward, but who actually decides the policies of the company? Partially, it's decided by "this is what we've always done" and partially by the conservative 10% who live at the top. They're the ones that a survey of would be interesting.
    • Re:Alvislujia (Score:5, Interesting)

      by TheMeuge (645043) on Thursday February 15 2007, @10:42AM (#18024258) Homepage
      I disagree. I think that they've seen what happened to their MPAA buddies when they spent countless millions developing DRM for HD-DVD and BluRay, only to see them broken before the sales got off the ground.

      I always had a sense that while the RIAA execs had the information about the uselessness of DRM all along, their greed and anger was too great for them to admit it to anyone, especially themselves. But this recent fiasco, along with a very high profile essay by Jobs might have just been enough to jolt them into realizing that the reason that they're losing money, is because they're failing at their primary business model - music distribution.

      They got so caught in copyright protection that for awhile it seemed like this was their primary focus. It was almost clear that the RIAA lawsuits were becoming a profitable side-business in the form of outright racketeering and extortion.

      But perhaps the decreasing sales of CDs in the context of a flourishing DVD business, and very healthy iTMS sales, they've finally come to their senses.

      The goal of RIAA is to distribute music at a price to the consumer. So that's what they should be doing. If the labels got together, and opened an online music shop with non-DRM custom-format/bitrate downloads from 96kbps to uncompressed, a-la-AllOfMP3, they'd make a killing!

      So perhaps long-term greed reinforced by reality and logic has finally triumphed over old-school throat-ripping greed...
      • Re:Alvislujia (Score:4, Insightful)

        by Phreakiture (547094) on Thursday February 15 2007, @11:07AM (#18024642) Homepage

        I think this analysis is correct.

        Back in the 80's, we went these particular rounds with the software industry. Software vendors had resorted to putting creative errors on their media, changing the track pitch, sometimes even using lasers to burn holes into floppy discs (the DRM system would attempt to write the sector that was supposed to have a hole in it, and then read it back, and exit if it succeeded in doing so) in an attempt to prevent illegal redistribution of their software.

        Ultimately, most software vendors gave up on this whole idea because the finally realised that they were doing more harm than good. In at least one instance, a game title that ran fine on my next-door neighbour's computer, would not run on mine. Both machines were essentially identical (Commodore 128, 512K expansion RAM, 1751 floppy drive). It turns out that the DRM kicked on this software simply because my floppy driver was ever so slightly out of alignment.

        At any rate, the software vendors largely gave up, though they are starting to get back into it again. On the part of the MAFIAA, this is a case of them failing to learn from another industry's mistakes. Now, it looks like they are starting to get it. Hallefuckinlujia!

        Incidentally, I am still pissed off over HD-DVD and BluRay players downrezzing when connected to an analogue HDTV. I was an EARLY ADOPTER and helped FUND the RESEARCH that made HDTV possible, motherfuckers!

      • Re:Alvislujia (Score:5, Insightful)

        by poot_rootbeer (188613) on Thursday February 15 2007, @12:31PM (#18026014)
        The goal of RIAA is to distribute music at a price to the consumer.

        No, that's the goal of the RIAA-member record companies.

        The RIAA's original goal was to establish and enforce technical interoperability standards that would ensure that an album released by any label would play back accurately on any make of record player. Ironically, the RIAA's current efforts are very much the opposite of that original charter.

        • Re:Alvislujia (Score:4, Insightful)

          by Anonymous Coward on Thursday February 15 2007, @01:49PM (#18027140)
          And?

          That revocation model has a fundamental weakness, one that hasn't improved since they deployed the exact same model for CSS (which they barely touched, because the underlying crypto turned out have many weaknesses, so that got broken instead).

          Only one person has to do it. Once. Tamper-resistant isn't good enough, it really has to be tamper-proof. When one of these keys gets leaked, the key has to be revoked, every time (and each time it happens, every disc pressed up to that point can be ripped with only a few bytes worth of leak that someone only has to do once).

          And that means that model stops working with newer discs.

          And it isn't always going to be a software player where they can just release a new version and the old one stops working, and blame the evil pirates. They're just the first, obvious, easy target you don't even need a multimeter for.

          There are still a finite number of keys. Keys that are pressed onto discs. Keys that are flashed or burned into this supposedly-secure firmware which is generally as hard to update as it is to read.

          So you target a single model that's popular, vital to the success of the format and homogenous, something they will be reluctant to revoke repeatedly as it would require frequent field service or a vast stream of near-constant, flaky upgrades for millions of sold players.

          In other words, target the PLAYSTATION 3.

          DRM is fundamentally a trusted-client problem: Give an authenticated party a ciphertext and the key to unlock it, on the condition that they promise to follow a set of rules with them. But like all trusted-client problems, once one attacker becomes or usurps an authenticated party or intercepts the ciphertext and key or plaintext, all bets are off.

          It is impossible to sell a trustworthy client (something capable of securely acting as a trusted client) as a consumer platform; the security model just does not work in that scenario! Real trustworthy clients are in secure premises with armed guards on 24/7 response and patrols, not millions of people's homes. They get audited on-site in person, not automatically over the net. The failsafes against physical intrusion are thermite and C4, not epoxy and funny screws. And, crucially, the reason for this is because once an attacker has unrestricted physical access to a trusted client, it's as good as 0wned.

          I hope the content industries at large do realise that accepting, not fighting, the status quo and dropping copy-control and other digital restriction mechanisms (because they are consumer-hostile and uneconomical) is a difficult, but necessary step to modernise their approach to the increasingly digital content marketplace. So, too, is calming down their continued hysterical, out-of-proportion approach to copyright infringement, although their corporate culture is going to find that an even tougher transition.
  • Usurpers (Score:5, Interesting)

    by Digital Vomit (891734) on Thursday February 15 2007, @10:28AM (#18024004) Homepage Journal

    Is this yet another sign of the typical media industry 'head in the sand, refuse to change' approach, or might we be seeing the early stages or some actual change?"

    Sounds more like preparation for those wretched music execs to put out non-DRM'd music like it was their idea all along; as if their customers haven't been shouting for DRM-free products all this time.

      • Re:Usurpers (Score:4, Insightful)

        by AndersOSU (873247) on Thursday February 15 2007, @11:31AM (#18025016)
        Which would be fine, but thanks to napster, and all the p2p that has come since, they've already been forcibly thrown from the cliff. They better start flapping, or things could get ugly.
  • by Anonymous Coward on Thursday February 15 2007, @10:34AM (#18024102)
    I was confused by the summary at first, and now that I've R'ed TFA, I am no more enlightened. The article says that music industry execs think they can boost sales with unencumbered music, but that music labels won't allow this to happen, and that in the future music execs want DRM to allow them to manage their rights rather than encumber music.

    So, can somebody please explain:

    (1) What is the difference between the music industry execs and the people who run the labels, and

    (2) If the music industry execs are saying they do or the don't want DRM?

    Thanks.

  • by Zigurd (3528) on Thursday February 15 2007, @10:36AM (#18024134) Homepage
    Why did the music industry think consumers would accept DRM?

    The obvious and total failure of DRM'ed e-books should have warned them: Take a medium that consumers view as a tangible product, that they can buy and sell in an aftermarket, and try to turn it into a limited, licensed, revocable, non-transferable right-to-use at a not particularly attractive price - and it should succeed?

    What are they snorting? Oh. Right. Never mind.
    • Re: (Score:3, Insightful)

      by kat_skan (5219)
      Isn't it reaching a bit to assume that the reason eBooks failed is the public's rejection of DRM, rather than the readers costing hundreds of dollars and the books themselves costing as much or more as the paperback?
  • by tkrotchko (124118) * on Thursday February 15 2007, @10:37AM (#18024172) Homepage
    So record company execs are saying:

    1) DRM is bad
    2) It hurts the market
    3) Doggone it, let's get rid of it!

    But then they say....

    4) But we're not going to get rid of it
    5) We're hoping the government will force us to get rid of it?

    I may not be as bright as some of you guys around here, but this doesn't make any sense.

    They really seem to be saying:

    1) DRM *THE WAY WE'VE DONE IT* is bad.
    2) No way will we get rid of it, we'd rather have bad DRM than none. We need to be able to resell Elvis tracks every 5 years to the same consumer.
    3) What we're hoping for is the government mandates a technical solution, since Apple has really screwed us up, and we don't seem to be able to work together to come up with a viable solution on our own.

    Seriously, if you're the government, isn't it reasonable to say "Gee, selling music to consumers is not a core function of government. You guys figure it out. We've already given you eternal copyrights and the FBI to enforce it, what else do you need?". But I guess that won't happen.
    • by twistedsymphony (956982) on Thursday February 15 2007, @10:48AM (#18024358) Homepage
      I think it would be benificial for the government to prevent DRM. They wouldn't waste all that FBI money on enforcing it, they would waste all that money in the legal system fighting over it's infringement, and consumers get a product that isn't artificially limited in it's use. And depending on who you believe record sales will actually increase as consumers get a product they're more happy with/are able to let more people experience more music causing them to buy more music.

      It's win-win-win... except for the companies that exist only to develop ridiculous DRM schemes... but they were already losers anyway.
    • by Ngwenya (147097) on Thursday February 15 2007, @11:20AM (#18024840)

      1) DRM *THE WAY WE'VE DONE IT* is bad.
      2) No way will we get rid of it, we'd rather have bad DRM than none. We need to be able to resell Elvis tracks every 5 years to the same consumer.
      3) What we're hoping for is the government mandates a technical solution, since Apple has really screwed us up, and we don't seem to be able to work together to come up with a viable solution on our own.


      The more I look at it, the more the music labels seem to resemble strung out junkies.

      They know that DRM hurts more than it helps.

      They know that infringing copying is rampant, and DRM schemes do nothing to stop it. I think they even know that the losses due to copying don't really make that much difference to their situation. Some difference, but not much. In fact, the most swapped music tends to enrich the bands at live gigs and sell more merchandise.

      They want to stop, but they just can't. They can't make that first step. One of them (EMI, maybe?) will go cold turkey for a bit. Their tracks will then be all over P2P as they already are and always were, but this will be enough for the pushers (DRM manufacturers) to say "See? Do you want that sort of pain for your back catalogue?", and enough of them will start hurting. Enough to continue the sad cycle.

      Eventually, they will phase out CD sales, and replace them with (DRM'ed) downloads only. Fine. I don't care. I won't buy them, and I won't even hack round them. And the bands I do buy from will be those who market themselves well enough, and play good gigs.

      An old industry dies. A new one lives. It's a fair trade.

      --Ng
  • DRM is good (Score:3, Insightful)

    by pseudorand (603231) on Thursday February 15 2007, @10:37AM (#18024174)
    Personally, I'm all for DRM. If we have a effective and uncrackable DRM system, more people wouldn't bother listening to the garbage hollywood and the music industry force on us (Brittany Spears, etc.) because they have to pay for it. Smaller artists who give their music away and make money by dealing directly with local radio stations concert venus would thrive.
    • Smaller artists who give their music away and make money by dealing directly with local radio stations concert venus would thrive.

      Conventional airtime is all tied up in payola and Clear Chanel mandated playlists. A New York station plays the exact playlist as an LA station.

      The smaller bands have to do an end run past the entrenched media cartel. The Internet is the new media. Find new bands on MySpace and YouTube, not the local radio station.
  • The problem is... (Score:5, Insightful)

    by starseeker (141897) on Thursday February 15 2007, @10:38AM (#18024190) Homepage
    if DRM is removed and piracy jumps, the cause-effect logic will be very hard to refute. It probably CAN be refuted (all that has to happen is to have a file successfully ripped once and it's all over the internet) but an observed jump post-DRM removal would undoubtedly end some careers. Nobody wants to take that chance.

    The music industry seems to be doing quite well (which is not to say the artists are getting all they really should, but that's another post) since they have money to spend playing around with copyright law. There is no "we need to try DRM-free music before our profits dry up!" imperative which might drive people to take risks and the company to accept risks, so DRM (which is easy to make sound good, whether it is or not) won't go anywhere until the case for it hurting sales AS A CONCEPT (not just a bad implementation) becomes obvious enough to convince anyone.

    The only way I can see that happening is an "open source music" phenomena that replaces corporate music trends, star generators, and hits with something just as good (or "effective" if you don't think it's good) but community controlled. That's hard, because opinions are subjective and can apparently be influenced by ads. We need a central site, lots of sources of music people want to listen to (not what they SHOULD want to listen to, mind you, but what they DO want to listen to - no running people down for their (lack of) taste), and quality control that people can trust. When THAT emerges, DRM will become too much of a liability. I don't see anything else that can do it.
    • Re: (Score:3, Insightful)

      by ivan256 (17499)

      if DRM is removed and piracy jumps, the cause-effect logic will be very hard to refute.


      How can that possibly happen?

      The only way would be if removing the DRM caused additional media to be piratable... But what RIAA products aren't available in a DRM free form from illegal sources?

      Selling DRM free music wouldn't increase the supply of DRM free music, since that supply is already infinite. All it would do is increase their profits.
  • by harshmanrob (955287) on Thursday February 15 2007, @10:44AM (#18024288) Journal
    Remember the guy who beat the CD copying by using a black magic marker or macrovision's using the same video scrambler technology they developed in the 80s that can be defeated with a $30 video enhancer unit on eBay? Why is the industry wasting time and money to be encrypting systems that seems to be defeated before they are deployed in the market. DVD Jon has busted DVD's and other alleged "secure" media. Some of these hacks are 20 to 30 lines of code! So much for the millions of dollars invested. Even Legislation has done nothing. What has come from the RIAA suing 12 year old's for downloading music. Limewire and other P2P engines are active now more than ever. The funniest part is watching these music artists bitching about how record companies steal their money and giving a press conference with their million dollar mansion in the background, or coming out of a restaurant most people could not afford to eat at. The reality is modern music sucks, so does most of the content they are trying to protect. That is the real reason why the media companies are losing money, not because of piracy. They want to blame other people instead of the trash they are peddling as entertainment.
  • by Maxo-Texas (864189) on Thursday February 15 2007, @10:45AM (#18024312)
    I'm not sure if they are mistaken or not.

    A few people revel in ripping things off. The music industry (MI) will lose some money on them.

    A lot of people have absolutely no morals and will do what costs them the least. MI will lose some money on them.

    A lot of people are as moral as they can afford to be. MI will lose some money on them if people feel swapping non-drm'd titles is okay.

    The folks folks who are very moral, it won't really matter unless the basic morality of the action is redefined by the culture (which I see a strong incentive to occur).

    It might turn out to be the last big blast of sales income before music sales dry up.
  • ... allow, or deny?

    Allow.
  • by Didion Sprague (615213) on Thursday February 15 2007, @11:11AM (#18024714)
    I don't think it's a much of stretch to say that selling music without DRM will probably destroy Microsoft.

    I think *this* -- essentially the end of Microsoft -- is what's at the core of all of this. And the end of Microsoft will be the *result* of DRM-less tracks. Jobs knows this. Everybody knows this. This is the elephant in the room that no one is talking much about.

    Vista is all about DRM -- everything about Vista is DRM wrapped in eye-candy. Vista is the DRM operating system.

    The end of DRM means the end of Microsoft as the major OS player. It also means a return to the "hobbyist" computers of the 1980s -- the TRS-80s and the Commodore 64s and the Apple IIs. This "hobbyist" market continues to erode as DRM gains a foothold. Drop DRM, and we're back to where we were 25 years ago -- personal computers that were meant to serve users not the corporations.

    Just my two cents.

  • by Scareduck (177470) on Thursday February 15 2007, @11:36AM (#18025088) Homepage Journal
    Just as some slaveholders were beginning to come out against slavery before the (U.S.) Civil War, mainly on economic grounds. There were not enough of them, however, and they were not in sufficient numbers to prevent said war.
  • by rlp (11898) on Thursday February 15 2007, @11:45AM (#18025218)
    I used to listen to music during my daily commute and while exercising (cycling). I'd convert my CD's to MP3 and burn mix CD's for the car and load-up my (non-IPod) MP3 player for exercise. After encountering a CD I couldn't rip for MP3's due to DRM (and that the store wouldn't allow me to return) - I stopped buying CD's. I've tried ITunes - but it's too much hassle to get it to work with non-IPods.

    Anyway I've switched to listening to podcasts (Thank you Leo Leporte!!). I use 'Juice' to download (via the RSS feed) and just drop it onto my MP3 player. Got a wireless transmitter for the car, which is not great for music, but good enough for voice.
  • Competition? (Score:5, Interesting)

    by kthejoker (931838) on Thursday February 15 2007, @11:51AM (#18025354)
    What really strikes me as amusing about this whole conversation is that the members of the RIAA and the industry at large are no longer even pretending like there is any actual competition going on at the music distribution level.

    And even better, everyone here in this discussion basically assumes that the industry is acting as one singular beast. They say things like "Well, when DRM is removed, blah blah blah..." as if all of the companies will, you know, COLLUDE to just end DRM one day and that'll be that.

    The sad part is that, of course, all of these posts are right. The industry no longer acts as a bunch of competing units. They are essentially acting as a philosophical (if not legally binding) conglomerate on all of the ideas about music distribution. That's just sickening.

    Why can't one company take that risk now? Why not, you know, offer a *COMPETING* business model of DRM-free music at the upper levels? Of course there are a number of independent companies who do just that, but why can't EMI, for example, just dump DRM? It's because they're all in bed together.

    I think we should resist at all times the premise that the RIAA is just some mythical octopus, a single unit with many arms. These types of industry-wide assurances and reclamations are damaging to the whole premise of business as it is. The fact that none of them are even attempting to compete on these terms is just proof that we have already let them cement their status as a de facto monopoly. To not even fight them on that front is disheartening.

    To music executives: Your industry is in crisis. Take a fucking risk!
    • Re: (Score:3, Insightful)

      by cdrguru (88047)
      The competition is in herding artists, not in delivering content. There logically can be no compteition between selling CDs from Band A and someone else selling CDs from Band B - unless you believe that Band A and Band B are interchangable units each delivering the same unit.

      There can't be the kind of competition you are talking about because to most people they are not buying per-unit-weight of commodity music. They are buying Band A's music or Band B's music. It wouldn't matter if this came from EMI, W
  • by HerculesMO (693085) on Thursday February 15 2007, @11:58AM (#18025500)
    At least, it's what I think they would think.

    Most "big hits" these days are CDs filled with garbage. If you look at the number one selling CDs, it's the "Wow! Now that's what I Call Music - Volume 845". Music executives know that people are only going to buy the CDs that are filled with stuff that audiences like, and enjoy.

    That said, look at the music that's released on those 'compilation' CDs. The music is all old and past its 'hit single' prime. It's not terribly old, but it's not the stuff that plays commonly on the radio either.

    Most artists have 'filler' CDs. That is to say, they have maybe two tracks that are any good, and the rest is total crap. But the music companies can charge you for the full price of the CD, filler and all. You pay for all 12 or 15 songs or whatever, when all you wanted was the two. And now with iTunes, you can pay $2 and get those two tracks alone. The odds of you buying entire albums now goes down significantly because you know that most artists pretty much suck donkey balls, and you just like that one "lalalala cookie monster" song. They are going to get smaller slices of the pie.

    With DRM gone, there's no tie to iTunes and as well, people aren't as leery of buying music online because they know no matter what, their music will play in their car, on any mp3 player, and won't expire or screw up. It will spur rapid adoption of online music because it's easy to use, easy to share, easy to listen to, and gets you exactly what you want, without paying for filler.

    And further, with rapid adoption of online music, the 'indie' bands now have a greater chance at making it big, because there is no reliance on music industry to play their music on the radio. Digital music will hit a critical mass quickly I think, and services like Pandora and Last.fm will become the standard for listening to music, instead of turning on your radio. You'll tell Last.fm that you like bands X, Y, and Z, all of which are mainstream bands. Then Last.fm will say "hey, you like them, you might like bands A, B and C" -- which are indie bands.

    And in the end, the only people who are going to gain are the fans -- artists won't be able to produce filler CDs because they won't be able to make a living off of them (ala Britney Spears and the others), record companies won't control what we listen to because we have services like Last.fm, Pandora and the wonderful "word of mouth" (which is lightspeed on the internet). Music industry loses control, artists realize that if they are good, they can self-publish, and they all lose out.

    As Cartman said to Token in South Park (playing the role of the Music Industry here) -- "From now on, we are an entertainment team, Token. You just do all the singing, all the performing, and all the entertaining... and leave the rest to us." That really won't work any more. And it's a good thing for us as fans, bad for the recording industry. And it's inevitable anyway.... just give it time.
  • by dlim (928138) on Thursday February 15 2007, @12:06PM (#18025618) Journal

    Mr Mulligan said he was "surprised" at the strength of the responses which came from large and small record labels, rights bodies, digital stores and technology providers.
    I know we all hate DRM and would love to think that most of the executives in the major labels agree with us, but I have serious doubts about the numbers and conclusions drawn from this study. The article provides no information on how many people were surveyed or how many of them were execs from large record labels, small record labels, "rights bodies" (whatever that means), digital stores, or "technology providers" (again, a little vague IMHO).

    We already know small labels are fine with selling their music without DRM. Merge Records [mergerecords.com] and Sub Pop [subpop.com] are now giving their customers DRM-free, digital copies of their music with vinyl copies of it. There are many independent labels on eMusic.com [emusic.com]. And there are a number of small stores out there selling DRM-free mp3s.

    The point is: these numbers tell us nothing. They are totally useless, because we have no context for the information. They do not suggest that the Big 4 labels dislike DRM at all.
    • Re:Told Ya (Score:5, Informative)

      by Drogo007 (923906) on Thursday February 15 2007, @10:36AM (#18024148)
      I think you've hit the nail on the head.

      I spent 8 years in the video game industry and eventually wound up as one of two guys in the studio responsible for Copy Protection. I got the dubious honor of dealing with the tools to make sure all our CDs had our chosen form of copy protection "working".

      At no point did I think the copy protection was worth the time and money we spent on it. The members of management I talked to about it weren't convinced that it was worth it either. But there was just enough anecdotal "evidence" of pirates completely eviscerating sales of games that shipped without copy protection that management was terrified to try and ship without it.

      Next time you hear the **AA's going on about how piracy is killing them, realize that they may be targetting those who make decisions about including DRM just as much, or possibly more, than they're targetting the lawmakers or joe public.
      • Re: (Score:3, Interesting)

        by danpsmith (922127)

        Next time you hear the **AA's going on about how piracy is killing them, realize that they may be targetting those who make decisions about including DRM just as much, or possibly more, than they're targetting the lawmakers or joe public.

        Okay, but that makes me ask in my head why would they want the DRM if not for this purpose? Many people like to push the "control the consumer" and "make them re-buy things" theories here, but honestly, do you really think that's the reason? Maybe the **AAs do actually t

        • Re: (Score:3, Insightful)

          by Kadin2048 (468275)
          Many people like to push the "control the consumer" and "make them re-buy things" theories here, but honestly, do you really think that's the reason?

          In a word, yes. The revenue due to the forced repurchase of content -- "enabling new business models" is the market-speak used normally -- is far greater than the revenue gained by preventing some casual piracy. Every DRM system can be bypassed by people who value their time at a low enough level (students, people in Third-World countries) to make it worthwhile
          • Re:Told Ya (Score:4, Funny)

            by Fujisawa Sensei (207127) on Thursday February 15 2007, @11:21AM (#18024850)

            Note: I have a bitter hatred toward MS and their products, but I hate class-action suits and the lawyers that profit from them even more.

            As long as the lawyers get their payment in the same form of the people they're representing, I have no problem with it. M$ Pays with vouchers for M$ products,lawyer gets paid in vouchers for M$ products.

          • Re: (Score:3, Informative)

            by Dog-Cow (21281)
            The DMCA does not allow you to bypass DRM for *legal* copies either.
            • Re: (Score:3, Interesting)

              by kimvette (919543)
              Read the exclusions; bypassing/cracking DRM for the purpose of interoperability is allowed.

              What falls under interoperability?

              - viewing/listening on another platform (Linux, BSD)
              - cracking for making Fair Use backups (interoperability because standard backup programs cannot read encrypted DVDs)
              - transcoding for use on other platforms or devices (again, Fair Use)

              It's licensed, you say? No, it's a commodity good which is protected by Copyright. While I cannot take, say, The Wall and leg
      • Re: (Score:3, Insightful)

        by saskboy (600063)
        It's so frustrating that there is so much great content out there, but it will barely survive the passage of time in the best of cases. DRM makes content survival much shorter though, as there are more points of failure in the ability to access the content on the media. With the cracking of BluRay, HDDVD's AACS, and DVD's CSS, it's a damn shame that content that should be simple to backup and modernize through the ages, will be stuck in the late 20th Century model of limiting access through a keycode.
    • Re: (Score:3, Insightful)

      by Bullfish (858648)
      You're right.

      Actually, removing DRM is against what I believe are Apple future plans. Yesterday, in the Yahoo hates DRM thread it mentioned how microsoft's DRM only works 50% of the time. Makes sense when you realize they don't make the hardware, therefore, they are only 50% of the equation.

      Apple, on the other hand, makes both hardware and software. My own belief is that the iPod, and soon the iPhone will be joined by among other things.. iTV or some such thing. Apple brought back Jobs to create, sell and m
    • Re: (Score:3, Insightful)

      Troll, maybe not.

      It's just that people are sick and tired of being controlled, manupulated coerced and duped by copy protection.

      Having no protection in old versions of Windows helped MS get to where it is today. MS exec were even quoted to say that if there was any piracy going on that they hoped it was for their products and not their competitors.

      People pay enough for the HW and spend enough time fixing for-pay beta-quality SW only to find out that there's DRM in their way. The /. crown is just more aware
    • by thpr (786837) on Thursday February 15 2007, @11:54AM (#18025406)
      I think that the model of digital distribution, that consists in having the consummer pay about as much for a data file as they would for a packaged physical support with the same content, is flawed at the core.

      Actually, while this may be unpopular on ./, it's indicative of value pricing of the digital product. You may not feel that is 'fair', but pricing isn't about fairness. It's about extracting the maximum amount of value from the consumer of the product while leaving the consumer with enough value that they return as a customer. In this case, the fact that the content is copyrighted generally trumps pricing fairness under anti-trust law (because the effect of copyright is to grant a temporary monopoly).

      Digital downloads and CDs are well differentiated products, and they both have an effective place in the market. I suspect the value for the digital content is appropriate. Marketing = Product, Promotion, Price, and Position (or some other form of 4 Ps equating to the same message), so if you are purchasing a season-at-a-time and are price sensitive, you are not their target market. That doesn't mean the market does not exist (e.g. I think ringtones are the biggest rip-off known to man-kind, but I can't ignore that it's a billion dollar market).

      Digital distribution is targeted at those who are either cherry-picking or are time sensitive. Conversion from a CD to digital form takes time and effort (worse for DVDs). To some people, this time is worth more than the price difference between the products (and to others, they are so price-insensitive, that they will probably buy the digital version to watch the show during their commute and then purchase the season DVDs once they are available). One could also digital distribution is carrying a premium price at the moment, because it's 'hip'.

      One pays MORE on a relative basis for an individual ditigal product of lower quality than they can receive on a CD or DVD. It's 100% consistent with hundreds of thousands of physical products you can buy in a store. Effectively, CDs/DVDs are bundles, where you also receive the benefits of the doctrine of first sale (because you bought a product, not a license). Therefore, by buying the bundle, you get a discount (or you can view it as getting the higher quality for free). Buying the individual songs, you pay the market rate. In the case of TV shows, you may also get a time advantage (this is part of 'Position': it will be out in digital form before the season DVD is available).

      Another useful analogy is to look at cost per bit of digital transmission. Try it someday on an SMS (cellular text) message (128 characters) vs. what the cable company pipes to you every month. The cost differential is something like 100,000X on a per-bit basis. That doesn't mean either cable or SMS is fundamentally flawed. SMS is certainly value-priced, but the number of users indicates it still possesses value even at that price.

      Note that this judgement is on a relative basis to the cost of a CD, I am making NO judgement here about whether the CD costs are over-inflated due to industry behavior. That is an entirely different discussion which is not required to properly evaluate the relative value of individual digital tracks to a physical CD.

      Given the current price of a CD, the prices are pretty close to what the market will bear (they are value priced). CDs can be effectively purchased for about $7-$8 at your favorite music club or other method of bulk purchases. So effectively, if you're buying more than 3 tracks on a CD, it's much more cost effective to buy the CD. For a one-hit wonder or a band where you appreciate a single song, but generally cringe at the music, use a $1/track digital source.

    • Re: (Score:3, Insightful)

      It's the same calculation for the distributors, just a different medium now:

      Cost to sign artist + Cost to press CDs + cost to ship CDs = total cost

      Divide by the number of CDs pressed and you have your cost per CD. I'm guessing it's a lot less than the $15-20 we currently pay for a CD.

      Replace "Cost to press CDs" and "Cost to ship CDs" with "Cost to pay high-school intern to rip CD" and "Cost to host private P2P tracker" and you've got the cost to release it on the Internet. Notice that "Cost to pay high-scho