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Music Businesses Media Apple

Universal Refuses To Renew On iTunes 287

UnknowingFool writes "It appears for the moment that Universal will not renew its long term contract with Apple for content on the iTunes store. While the details are not known about the exact nature of the dispute, many speculate that it has to do with Apple's stance on fixed pricing and Apple's refusal to license their DRM. The worse case scenario may include Universal pulling its entire catalog from iTunes. Both sides stand to lose out with 1/3 of of new releases coming from Universal and an estimated 15% of Universal's sales coming from digital downloads. Apple's market share is about 75% of digital downloads, and digital downloads are growing while CD sales are shrinking."
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Universal Refuses To Renew On iTunes

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  • Re:Worst case? (Score:5, Insightful)

    by Doctor_Jest ( 688315 ) * on Monday July 02, 2007 @02:34PM (#19720283)
    DRM free?

    HAH. don't hold your breath... and it _will_ be more expensive than iTunes, and it _will_ be more DRM-crippling than iTunes.

    Yeah, competition's great.

  • Universal? (Score:3, Insightful)

    by Karganeth ( 1017580 ) on Monday July 02, 2007 @02:36PM (#19720301)
    Aren't they also the only company exclusively backing the doomed HD-DVD format? Stupid businesses make stupid decisions.
  • by Pendersempai ( 625351 ) on Monday July 02, 2007 @02:36PM (#19720309)
    empty posturing. What does Universal lose by signing a short-term contract instead of a long-term one? Probably nothing. What do they gain? Marginally more credibility in the back-and-forth threats between Apple and the record companies. Wake me up when they explicitly threaten to cancel their contract and remove their media from iTunes if an express list of demands is not met. Until then, it means nothing. And even then, they'll likely return to the bargaining table before pulling the plug. Both sides know where their interests lie, and neither wants to pull the plug.

    My long-term prediction? More of the status quo. Both sides are winning, and there is no external stimulus that seems like it might upset the equilibrium that has developed. Apple doesn't want to lose a third of its collection, and Universal doesn't want to be tied to the misfits and rejects that compose the rest of the playing field.
  • by theolein ( 316044 ) on Monday July 02, 2007 @02:37PM (#19720311) Journal
    The most likely answer is that Universal, whose bean counters are not dumb enough to drop fully 15% of their sales to spite Apple, is simply making noises to negotiate a better deal.

    The other possibility is that Bill Gates, in utter desperation because the Zune is such a piece of crap, has offered to pay Universal for exclusive content for the Zune. I would seriously not put it past Bill G and Steve B to do something like this. It would be a really bad day for Apple if this did happen, because it would make the Zune more popular and the iPod less popular.

    Of course, it could backfire heavily against both Microsoft and Universal if Zune sales don't grow significantly.
  • by EricTheGreen ( 223110 ) on Monday July 02, 2007 @02:37PM (#19720323) Homepage
    Unsigned Band with break-out potential: "So, we sign with you...and our record won't be up for sale on iTunes?"
    Universal A/R dude/dudette: "Yep, that's right."
    Unsigned Band with break-out potential: "So any unit sales revenue we see from you will be from Wal-Mart and Best Buy sales, nothing else?"
    Universal A/R dude/dudette: "Uh huh."
    Unsigned Band with break-out potential: "Losers. Next!"
  • Re:Worst case? (Score:5, Insightful)

    by anotherone ( 132088 ) on Monday July 02, 2007 @02:38PM (#19720325)
    Universal already has the option of going DRM-free with iTunes, and they haven't taken the bait. Anyway, they don't have an exclusive contract with iTunes. Your whole post makes no sense.
  • by sehlat ( 180760 ) on Monday July 02, 2007 @02:38PM (#19720331)
    Let's see: Universal is unhappy with Jobs' position on pricing and want to have their OWN Digital-Consumer-Disablement crippled service with higher prices than Apple and, since Apple won't license the DCD, it will have to be incompatible with the iPod, which is as close to a player monopoly as you can get without the Feds landing on you with an army of antitrust lawyers.

    They think this is good for them HOW?
  • by drhamad ( 868567 ) on Monday July 02, 2007 @02:39PM (#19720339)
    Uhh... Universal has deals with others. This doesn't change that. This makes LESS options, not more. It certainly isn't a positive for DRM-free music, where iTunes leads the charge, as far as major labels go, since signing the EMI deal. Universal definitely wants DRM.

    Universal wants to be able to up prices where it thinks it can get more money. Apple isn't letting them do that. How do you see it as a positive that they're going to go to someone who does?
  • Re:Worst case? (Score:2, Insightful)

    by E IS mC(Square) ( 721736 ) on Monday July 02, 2007 @02:40PM (#19720349) Journal
    Yes. If they go and sleep with somebody else, they are going to suck. "It will suck." "It will not work".

    I see this as definitely a good thing.

    BTW, Magnatune with Amarok is far better deal then iTunes. Just in case somebody is interested.

    But do not let me spoil the party - let Apple whoring begin.
  • by russotto ( 537200 ) on Monday July 02, 2007 @02:42PM (#19720385) Journal
    Apple, on the other hand, probably IS willing to drop Universal's catalog from iTunes if Universal gets unreasonable. Which is the more likely thought process?

    1) Oh, Universal's music is no longer available on iTunes. I'll buy this piece of crap Zune instead of the cool new iPod Femto

    or

    2) Oh, Universal's music is no longer available on iTunes. I'll have to <strike>pirate it like there's no tommorrow</strike> rip it from CD onto my iPod

  • by Cadallin ( 863437 ) on Monday July 02, 2007 @02:47PM (#19720455)
    Hold on, Hold on. The iPod is NOT a prosecutable monopoly. It's a natural Monopoly. Which is to say, it arises because that just what consumers are buying. There is not illegal about that at all. It is 100% legit. It is only illegal to use a monopoly in one area to force a monopoly in another. Like Microsoft using their Monopoly in Operating Systems to shut Corel out of the market for Office Suites. Like Microsoft using their Monopolies in Operating Systems and Office Suites to secure a Monopoly in the Browser Market. That's illegal. iPod/iTunes is not, despite complaints by overzealous European prosecutors. There are LOTS of (legal even) ways to get music onto an iPod. Buying CDs for one. Plenty of Musicians are distributing music themselves in MP3 or FLAC (which can't be played on an iPod Shame on you Apple! But FLAC can be converted to other formats that can be played on an iPod). iTunes Music Store "Lock-in" in pretty poor to be honest. The vast majority of iPod users are not filling up their iPods on ITMS purchases.
  • by badasscat ( 563442 ) <basscadet75@@@yahoo...com> on Monday July 02, 2007 @02:48PM (#19720457)
    Unsigned Band with break-out potential: "So, we sign with you...and our record won't be up for sale on iTunes?"

    You're assuming major labels are still out there trolling nightclubs for "unsigned bands with break-out potential".

    More often what they're doing is hitting up their local malls and "recruiting" teenage girls (or in the case of boy bands, teenage boys) to actively "break" as the next pop star. These girls and guys had nothing going for them (except cheerleader looks) before, so why would they turn down the promise of riches just because the songs some producer wrote for them to lay their heavily processed vocals over won't be on iTunes? If they do, hey, there's plenty more at the mall they came from.
  • Load of Hooey (Score:5, Insightful)

    by Nom du Keyboard ( 633989 ) on Monday July 02, 2007 @02:48PM (#19720469)
    Edgar Bronfman Jr., the chairman of Warner Music Group, reinforced that idea at a recent investor conference, saying "we believe that not every song, not every artist, not every album, is created equal."

    And yet you sell all your CD's at $16.99 regardless of that fact now, don't you?

    At the same time, Mr. Jobs has refused the industry's calls for Apple to license its proprietary copy restriction software to other manufacturers. Music executives want the software to be shared so that services other than iTunes can sell music that can be played on the iPod, and so that other devices can play songs bought from iTunes.

    Another load of crap. iPods can play music from any other DRM-free music seller. This joker wants you to believe iPods only play iTMS music, which is a lie. And iPod owners would likely buy music from other sources if: 1) It didn't have yet another, incompatible, version of DRM; 2) It was priced right; 3) It was the music they wanted to hear; 4) It had a nice interface to easily purchase and load said music onto their iPod. The record companies themselves are the ones to blame here.

    You know, It's the DRM, stupid!

  • by morari ( 1080535 ) on Monday July 02, 2007 @02:49PM (#19720475) Journal
    Unsigned Band with break-out potential: "So you'll bring in your own producer and mixer to push our style more toward what you think people want to hear?"
    Universal A/R dude/dudette: "Yep, that's right!"
    Unsigned Band with break-out potential: "We'll loose all creative control and have next to no say in what we put out, but we're guaranteed to have at least one initial single because you own all media outlets like radio stations, television and most stores?"
    Universal A/R dude/dudette: "Uh huh."
    Unsigned Band with break-out potential: "We'd be losers if we didn't sell-out. Hand me that contract!"
  • Re:Worst case? (Score:3, Insightful)

    by twitchingbug ( 701187 ) on Monday July 02, 2007 @02:50PM (#19720495)
    Guess who wins? EMI.

    If Universal thinks that people will buy from another online source than iTunes, let them try. That's competition. EMI felt differently, and will win and grab a larger market share. Honestly I've never paid any attention to which labels musicians signed with before. But now it'll becoming blindingly obvious who's in what camp.
  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Monday July 02, 2007 @02:51PM (#19720507)
    Comment removed based on user account deletion
  • Nose, meet spite (Score:2, Insightful)

    by HardwarePeteUK ( 850316 ) on Monday July 02, 2007 @02:56PM (#19720567)
    Cutting off one's nose to spite one's face is so appropriate. Both parties here are just trying to get more money out of the other.

    Truly hilarious.
  • Re:Worst case? (Score:4, Insightful)

    by acvh ( 120205 ) <`geek' `at' `mscigars.com'> on Monday July 02, 2007 @02:59PM (#19720599) Homepage
    "BTW, Magnatune with Amarok is far better deal then iTunes. Just in case somebody is interested. "

    There IS the issue of just how large their respective inventories are: I believe iTunes wins there.

    Hey, there are many sources of cheap, independent music. I use them. I like them. But to say that 500 albums at 5 bucks each represents "a far better deal" requires some suspension of reality.
  • by BryanL ( 93656 ) <lowtherbf@@@gmail...com> on Monday July 02, 2007 @02:59PM (#19720611)
    With ipod's installed user base and looking at life before the iTunes store, it might mean more CD sales and going back to ripping from CDs to get the music on an iPod. Or it could mean more P2P downloading of Universals music (I.E. pirating). Exclusive deals for the Zune are not necessarily in Universals best interest nor will it necessarily hurt Apple.
  • by Overzeetop ( 214511 ) on Monday July 02, 2007 @03:02PM (#19720649) Journal
    Unsigned Band with break-out potential: "So any unit sales revenue we see from you will be from Wal-Mart and Best Buy sales, nothing else?"

    Universal A/R dude/dudette: "No, of course not. You will never see sales revenue because we will cook the books so that you never see a penny. But you are othewise correct - the unit sales revenue you will never see will only come from Wal-Mart and Best Buy."

    Unsigned Band with break-out potential: "Where do we sign?"
  • by norminator ( 784674 ) on Monday July 02, 2007 @03:02PM (#19720651)

    Universal wants to be able to up prices where it thinks it can get more money. Apple isn't letting them do that. How do you see it as a positive that they're going to go to someone who does?

    Not to mention, Universal wants money from each iPod sold [slashdot.org], just like they get from the Zune [slashdot.org], (and they've been asking for that since before the Zune deal was announced). For some reason, they think that they deserve that, even though they didn't design the electronics, or the UI, and iPods are not sold with any Universal Music on them, and don't in any way require Universal Music to function correctly.
  • by athloi ( 1075845 ) on Monday July 02, 2007 @03:02PM (#19720657) Homepage Journal
    It was never a sane business model. The value of most CDs is their novelty and hype potential, not the music inside, which is mostly pointless goop for easily-distracted people. They're not going to make a killing any longer, since the means of distribution have now surpassed the means of production. Universal and Apple fighting over a miniscule advantage in a collapsing industry is a sure sign that the entertainment industry has no clue where to go now that its product is no longer scarce by the nature of its distribution.
  • Middlemen (Score:4, Insightful)

    by petehead ( 1041740 ) on Monday July 02, 2007 @03:06PM (#19720705)
    Great, two big companies fighting over their middleman territory. The artist who creates the product and the user who purchases it are just collateral damage.
  • Re:Worst case? (Score:2, Insightful)

    by gowen ( 141411 ) <gwowen@gmail.com> on Monday July 02, 2007 @03:14PM (#19720781) Homepage Journal
    Dude, until recently anyone with a non-Apple mp3 player couldn't use iTunes without jumping through ridiculous hoops. Given how cheap commodity flash mp3 players have become, why would any company opt to cut themselves out of that market.

    iTunes have established a download market. They've served their purpose and are now surplus to Universal's requirements.
  • by EricTheGreen ( 223110 ) on Monday July 02, 2007 @03:15PM (#19720783) Homepage
    Oh, they're still trolling the bars, absolutely, and that won't change anytime soon. What the greenlighting people _are_ doing differently now, for certain, is closely qualifying what "breakout" means to them, in terms of risk of the act. As many others have noted, it's a lot harder these days to get signed and nobody, no one, is given any development runway anymore--disc #1 needs to sell {x} units minimum or your toast. It's a sad loss all the way around.

    To your point...the recruiting/packaging you mention does take place, as you describe. And it won't change. And it's a sad addition all the way around. {grin} But a quick scan of the iTunes storefront shows a lot more than just the boy/girl band du jour. Plenty of other acts and genres and reducing them down to one level 98 Degrees of Boys to 'Sync isn't going to happen.
  • by TubeSteak ( 669689 ) on Monday July 02, 2007 @03:26PM (#19720901) Journal

    Wake me up when they explicitly threaten to cancel their contract and remove their media from iTunes if an express list of demands is not met. Until then, it means nothing.
    When heavy hitters engage in diplomacy, they usually make lots of small incremental steps.

    It isn't enough to show Apple that they're serious, they want the rest of the industry to see that these steps can be taken without ruining their business. The ultimate goal is to restructure Apple's relationship with the entire music industry, not just with Universal.

    If you see this as just an empty threat, then you aren't looking very far down the road.
  • by CastrTroy ( 595695 ) on Monday July 02, 2007 @03:27PM (#19720919)
    MS need to give money to people just to jump on their bandwagon, because the service wasn't popular, and they needed to give the labels a reason to join their service. iTunes on the other hand is extremely popular, and doesn't need to make stupid deals like giving away a percentage of iPod profits to music companies. Universal is already getting a percentage of the music sales they get from iTunes, and that is all they should get.
  • Re:Worst case? (Score:5, Insightful)

    by LordVader717 ( 888547 ) on Monday July 02, 2007 @03:30PM (#19720961)
    No. Look where people go for their downloads. Especially, look at which store people buy DRM'ed tracks from.

    If they want to keep the DRM, good look trying to sell it on anything other than iTunes with Fairplay. They'd be excluding themselves from the biggest market.
    If they're prepared to sell DRM-free, and want more than Apple's $1.29, they're screwed too, cause customers don't like being fucked by price hikes.

    The fact is that by breaking their relations with the biggest distributor of downloadable music, they're only screwing themselves.
  • by UnknowingFool ( 672806 ) on Monday July 02, 2007 @03:32PM (#19720999)

    The problem with music DRM, from the music distributor perspective, is that it's too closely tied to player vendors. There's the iPod and the Zume, and in both cases the player manufacturer takes a cut of the revenue. UMG, reasonably enough, wants to cut the player manufacturer out of the revenue stream.

    If anything, music companies benefit revenue-wise from digital sales. Unlike physical medium like CDs, the distribution and manufacturing costs are minimal. And any infrastructure costs are borne by these player vendors not by the music company. The only costs that music distributor has are costs that they always have had like marketing and promotion. For iTunes $0.70 of every $0.99 goes to the music company. The other $0.29 goes to Apple which has to pay for the distribution system. So the music companies have made like $1.4 billion on iTunes alone, and all they had to do was provide Apple with the digital masters. I do not think is reasonable for Universal to want more.

  • Re:Doomed? (Score:3, Insightful)

    by SatanicPuppy ( 611928 ) * <SatanicpuppyNO@SPAMgmail.com> on Monday July 02, 2007 @04:05PM (#19721407) Journal
    Pssh. First off, who wants HD Porn? Some thing's are not meant to be seen in high def. 'Nuff said.

    Secondly, who the hell buys porn on hard media anymore? Far far far more people download porn than get it any other way. The internet is, indeed, for porn.

    The whole "Porn decides all format wars" line would be a lot more useful and relevant if we had a pool of results that was larger than, you know, one. Just because adoption followed porn once, doesn't mean it will ever do so again.
  • Re:Worst case? (Score:5, Insightful)

    by cayenne8 ( 626475 ) on Monday July 02, 2007 @04:31PM (#19721699) Homepage Journal
    "I really don't understand this. Almost all the CDs sold in the last 20 years had no form of DRM. And they weren't scared then."

    Well, remember back when CD's came out...there really was no way to rip them...hell, not many people had a harddrive big enough to hold all a CD's data. At that time, a CD was a safe, one use medium...you could record off it to cassette, but, that was lossy and they didn't care that much about it.

    Then...came larger harddrives, cd burners and cd drives on computers...and compression techs (mp3, etc). Well, what was once 'secure' to do consumer's hardware limitations, wasn't any more.

    The music companies hate that...and with digital music and DRM, are trying to close that hole. They'd fix the CD's to be read only if there were only some way they could...trust me. They're gonna be happy to get rid of CD's if ONLY they can lock the users down in a way they screwed up on and didn't do with CD's.

    They do not want to repeat the non-DRM mistakes they made with CD's.

  • by PopeRatzo ( 965947 ) * on Monday July 02, 2007 @04:56PM (#19722019) Journal

    They don't give you the music in the exact format you want, so you obtain it illegally.

    Not offering the music in the format I want is exactly a reason to obtain it through other means.

    I don't need to justify my actions or the way I choose to support the musicians I listen to. I believe the current system of intellectual property law regarding music and cinema are faulty to immoral, and I choose to ignore them, accepting the risk. I want to hasten the collapse of the entire system to the extent that one person can do so.

    In case you are interested, for the most part I purchase music directly from the musicians that create it, and believe me, by far most of the music in my collection today is purchased legally, direct from the artist. But I also want to do my part to bring down the labels and publishing companies and the legal serfs who serve them, so I make liberal use of the trackers.
  • Re:Worst case? (Score:2, Insightful)

    by bakura121 ( 1117149 ) on Monday July 02, 2007 @04:56PM (#19722031) Homepage
    I don't see an upside to Universal doing this. If they pull out, they will likely experience more P2P music stealing. I doubt that a significant amount of iTunes users will switch to a different music store because of it. I would purchase the physical CD before juggling multiple music stores, but I didn't want the whole album than I would either resort to finding it on P2P networks or not get it at all.

    For the record, I purchase all of my music. That hasn't always been the case prior to iTunes. I like the iTunes business model.
  • Re:Whoda thunk? (Score:5, Insightful)

    by TheRaven64 ( 641858 ) on Monday July 02, 2007 @06:25PM (#19722899) Journal

    Jobs is a clever, clever man.
    More to the point, Jobs is an arrogant bastard, who simply will not back down or compromise when he thinks he is right. You'd have thought the other CEOs would have learned by now that bluffing (or even looking like you're bluffing) is a really, really bad thing to do when negotiating with Steve. As ATi learned, he has absolutely no problem with damaging his company in the short term if he thinks it will strengthen its position in the long term.
  • Re:Doomed? (Score:3, Insightful)

    by Chyeld ( 713439 ) <chyeld@gma i l . c om> on Monday July 02, 2007 @07:14PM (#19723305)
    Porn has decided more than once, it's just that the main round that you remember is the VHS vs Beta arguement.

    Porn was the bulk of what drove the penny arcades, which in turn promoted the old silent movies (themselves started mostly as a vehicle for porn). Most of the visual entertainment media used throughout history either started out, or was heavily fininanced at the start by porn.

    And they've decided today as well. You youself made the point without realizing it.

    BOTH formats have lost, it's not about hard media anymore. People are drifting more and more to downloading what they want, and only using hard media as a saftey blanket/backup option.

    DVD's will always be around in some form or another, but eventually (sooner in other countries where their telco industry hasn't shamelessly refused to upgrade their infrastructure to handle it) what you want, what you see, and how you get it will be online.
  • In all seriousness I have stopped supporting the Music industry all together. I don't buy music, I don't download music, and I barely listen to the radio. When they fix their business model maybe I'll think about actually doing it again. As it is, I love classical, sympony orchestra and live blues/jazz so I can get my fix with live shows and for everything else it's public domain.
  • by kocsonya ( 141716 ) on Monday July 02, 2007 @08:10PM (#19723883)
    Not really. Apple sells you the iPod. Apple offers you a service on iTunes. If you have an iPod, you can load music onto it any way you like it. My wife has an iPod and she has no idea that there's the iTunes store, for she just rips her CDs and puts them onto the iPod as to any other MP3 player. There are numerous other MP3 players out there and people buy them but more of them buy the iPod than any other kind because they like it better. Indeed, the iTunes service is only for iPods (I think, don't know but I assume so) but you can use any other service (and there are many) to get MP3-s which will happily play on any player, including
    the iPod.

    Now Windows is a different thing. MS used its market share to force OEMs to include Windows on every piece of HW they sold. MS writes applications that use features of the OS that only MS is aware and MS does everything in its power to keep the format of every file or packet closed and obscured so that no other player on the market could come up with an application that could access MS application related data.

    The iPod was not the first MP3 player and became a market leader because people like it better than the others. If you can come up with a player which is actually more user friendly than the iPod, Apple can't stop you to gain market share. As long as people can convert their iTunes downloads to a vanilla MP3 (as far as I know, you can), you can also use the iTunes service for any player you can come up with. It seems that as of now, people like the iPod more than any of the other ~50-100 models on the market. So iPod is a natural monopoly.

    Now if you come up with a new OS + office package + browser + whatnot you can not make it read MS documents for the document formats are MS secrets, you can't just plug it onto an MS network for some packet formats are MS secrets and if you reverse engineer everything and you can do it all, then MS will blow the crap out of you with IP lawsuits and threaten the OEMs to not getting the MS licence any more if they sell your stuff. That is where the monopoly becomes unnatural and where the DoJ finds the defendent guilty of illegal business paractices, coersion etc. and when some higher powers kick the backside of the DoJ for harassing such a fine American businesses...

    Microsoft has been taking active (and often illegal) steps to enforce its dominant position, Apple simply made a product that people like.
  • by falconwolf ( 725481 ) <falconsoaring_2000 AT yahoo DOT com> on Monday July 02, 2007 @10:08PM (#19725361)

    As ATi learned, he has absolutely no problem with damaging his company in the short term if he thinks it will strengthen its position in the long term.

    Though I don't have an opinion on whether Steve Jobs is doing this, I do prefer a company executive that looks, years down the road, to the future instead of to this or the next quarter. That's a shortsightedness it seems too many corporations have now.

    Falcon

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