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Grex > Music > #39: The Twenty-Eighth "Napsterization" Item |  |
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krj
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The Twenty-Eighth "Napsterization" Item
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Apr 3 02:38 UTC 2007 |
The usual canned introduction:
The original Napster corporation has been destroyed, its trademarks
now owned by an authorized music retailer which does not use
peer-to-peer technology. But the Napster paradigm, in which computers
and networks give ordinary people unprecedented control over content,
continues.
This is another quarterly installment in a series of weblog and
discussion about the deconstruction of the music industry and other
copyright industries, with side forays into "intellectual property,
freedom of expression, electronic media, corporate control, and
evolving technology," as polygon once phrased it.
Several years of back items are easily found in the music2 and music3
conferences, covering discussions all the way back to the initial
popularity of the MP3 format. These items are linked between
the current Agora conference and the Music conference.
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krj
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response 1 of 26:
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Apr 3 02:40 UTC 2007 |
Perhaps someone with a bit more time than I have right now
would like to discuss the announcement today that EMI is
going to try selling digital files without DRM.
This may be motivated by simple desperation. EMI's
financial situation is the worst of the Big 4 music companies,
according to music biz blogs.
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bru
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response 2 of 26:
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Apr 3 03:03 UTC 2007 |
what is DRM?
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mcnally
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response 3 of 26:
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Apr 3 03:25 UTC 2007 |
Digital Rights Management. Basically copy-prevention technology.
As with previous copy-prevention technologies, time has shown that
the people most affected by the DRM turn out to be the paying
customers. The filesharers and other infringers either defeat the
DRM and provide unlocked copies, or share copies derived from media
that were never protected to begin with (e.g. CDs.)
But industry-mandated DRM has had a surprising effect not anticipated
by the record labels who insisted on it -- it has shifted the balance
of power in the industry *toward* Apple Computer and away from the
content producers. [Briefly, the phenomenal twin successes of the
iPod and the iTunes Music Store have become self-reinforcing and the
FairPlay DRM technology Apple uses to "protect" iTunes content is a
big part of this, thanks to the fact that digital music tracks
purchased in Apple's proprietary DRM format will not (without a lot
of hassle) play on other manufacturer's equipment (such as Microsoft's
new Zune, Sandisk's Sansa players, etc.)] Since Apple controls so
much of the player market, record labels who want to sell music tracks
online are strongly motivated to deal with Apple (on Apple's terms)
and since record labels are selling music through Apple in formats
only Apple's players can play, it reinforces Apple's control over the
digital music player market.
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easlern
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response 4 of 26:
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Apr 3 13:03 UTC 2007 |
If I read the article correctly, they'll be selling albums without DRM at the
same price as protected albums. I will certainly take advantage of that if
I want to buy a whole album. However, the 30% increase in cost for single
tracks won't affect how I get singles. Currently, I just "rent" them on
Rhapsody, which makes them extremely cheap.
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slynne
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response 5 of 26:
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Apr 3 13:25 UTC 2007 |
Hmmm. I just found out about a site called ruckus.com that has free
downloads for anyone with an *.edu email address.
It looks like they have a decent selection. I guess I will finally get
on this music downloading bandwagon after all.
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remmers
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response 6 of 26:
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Apr 3 14:44 UTC 2007 |
Interestingly, Steve Jobs posted a long opinion piece online a few weeks
ago stating his wish that the big records would abandon DRM in the
interest of interoperability among music players. Here's the last
paragraph:
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.
The full text of Jobs' essay is here:
http://www.apple.com/hotnews/thoughtsonmusic/
It looks like EMI took him up on it.
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twenex
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response 7 of 26:
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Apr 5 01:40 UTC 2007 |
Mike is correct that the balance of power in the music biz shifted towards
Apple because of DRM, but neglects to mention that Microsoft is also
interested in controlling digital information, and thus far has shown
absolutely no interest in downplaying technologies, like DRM, that allow it
and its partners to control information, instead of that control being in the
hands of the information's owners.
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krj
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response 8 of 26:
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Apr 5 05:19 UTC 2007 |
twenex: "owners"? :)
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krj
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response 9 of 26:
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Apr 5 18:48 UTC 2007 |
Bloggy reports, citing music trade magazine Billboard, say that Apple
paid EMI $5 million for an exclusive window in which Apple's iTunes
will be the only store selling EMI tracks without DRM.
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tsty
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response 10 of 26:
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Apr 8 06:47 UTC 2007 |
see music.cf for an expose of how the redording companies fscked
up the entier industry ... jerks.
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krj
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response 11 of 26:
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Apr 16 16:39 UTC 2007 |
Sony appears to be endearing itself to consumers again.
Slashdot carries reports that three recent Sony DVDs, including
the new Bond film "Casino Royale" and "The Holiday", won't
play in numerous DVD players. A quick scan of the user reviews
on Amazon for "Casino Royale" shows numerous confirming reports.
According to the stories, Sony is telling the consumers who
complain that it is a problem with their DVD players.
Sony has added something new to the copy protection. One sketchy
report is that Sony is trying to defeat multi-region CD players.
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twenex
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response 12 of 26:
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Apr 16 16:55 UTC 2007 |
tags: "flog," "deadhorse," "haha"
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tod
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response 13 of 26:
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Apr 16 17:06 UTC 2007 |
Caveat Empty
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krj
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response 14 of 26:
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May 4 20:39 UTC 2007 |
I am *so* far behind here. I am going to try to round up a lot of
pointers to recent news stories over the weekend, when I'm not sitting
outside watching trees bloom.
First: Responding to RIAA pressure, Congress is demanding that 19 US
universities, including the University of Michigan and Michigan State
University, explain and justify what they are doing to stop copyright
infringement on their networks.
http://arstechnica.com/news.ars/post/20070503-congress-to-universities-curb
-piracy-or-we-will-be-forced-to-act.html
The implications are that Congress is looking to legislate to force
the universities to stop copyright infringement, regardless of collateral
damage to privacy or educational uses of the net.
My speculation is that the Universities are being singled out because
the RIAA sees the U's as the main source of high-speed uploads into
file sharing networks. Most dorm residents have symmetric 10 or 100
megabit connections; home cable users cannot transmit anywhere near
that rate, even if they have download speeds approaching 6M.
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mcnally
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response 15 of 26:
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May 4 22:06 UTC 2007 |
re #14: I, too, saw the Slashdot headlines today about "Congress" demanding
universities explain what they're doing to stop file-sharing. My question
was: is it really "Congress" who's doing the asking (or even a committee
concerned with the matter) or is it a few congressmen?
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krj
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response 16 of 26:
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May 5 00:16 UTC 2007 |
The two names in all news stories are
Howard Berman (D-CA), chair, Judiciary Subcommittee on Courts,
the Internet and Intellectual Property
Lamar Smith (R-TX), ranking minority member on the
Judiciary Committee
VARIETY's coverage says other signatories also come from the
Intellectual Property subcommittee, or another Judiciary
subcommittee on educational matters. It is a bipartisan group
of Representatives who have the assignments to make legislation in this
area, both from the intellectual property side and from the
education side.
Michigan's Democrat John Conyers, the Judiciary committee chair,
did not sign the letter. No information about why.
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krj
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response 17 of 26:
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May 11 05:02 UTC 2007 |
Here's two stories which nobody else (so far) has put together.
A guy named Hank Risen had a curious piece in The Huffington Post
about a week ago about the threat posed to American creative
industries by stream ripping software:
"Art and Invention Stream Ripped Away"
http://www.huffingtonpost.com/hank-risan/art-and-invention-stream-_b_47496.
html
Though crafted as an essay, this is really a press release -- Google shows
several other sources for it -- and Mr. Risen is demanding that
Congress mandate the use of his company MRT's digital rights system,
X1 Secure Recording Control, as part of the pending Congressional
bill lowering Webcaster royalties. (Which is a whole other topic...)
Now, skip forward about eight days:
http://www.forbes.com/business/feeds/afx/2007/05/10/afx3708595.html
Risen's company MRT, along with a company called Bluebeat, have
served cease and desist orders to:
Microsoft
Apple
Real
Adobe
threatening to sue these companies for violating the DMCA by not
using MRT's X1 Secure Recording Control system -- the same system
introduced in the Huffington Post essay -- to prevent copying.
MRT appears to be claiming that because these companies have refused
to use X1 Secure Recording Control, each of their products should be
treated as one designed to infringe copyright, and therefore the
companies should be liable for fines of $2000 or so on every sale.
This is rather a novel application of the DMCA and I do expect it to
be laughed out of court.
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mcnally
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response 18 of 26:
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May 11 06:29 UTC 2007 |
I don't expect it to be laughed out of court, but only because I
don't expect it will ever make it to court. But yikes.. Whether
he's stupid or just a scammer, either way he's quite a piece of work.
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krj
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response 19 of 26:
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May 20 03:18 UTC 2007 |
The Virgin Megastore outlets in Chicago and Salt Lake City will
close this summer. Virgin will have closed seven stores in the
last year, leaving 11 in the US. They remain a major music
retailer in Britain, with about 100 stores there.
I used to quip that a Virgin Megastore was like Tower Records, only
without the customer loyalty. The Chicago Virgin was a fabulous
store when we visited it around 2001 -- its classical department, in
a separate room, was one of the best I ever saw, and the world music
section was quite well stocked. (You all see where this is going,
don't you...) A year later, the classical room had been turned
into the DVD room, and the classical stock had
been cut by maybe 2/3rds and mostly jammed into a back corner.
We made no further visits.
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mcnally
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response 20 of 26:
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Jun 7 04:47 UTC 2007 |
Recently Doonesbury has been doing a series of strips lampooning
a music industry trend.
In the recent strips long-time minor character and 70s-era rock star
Jimmy Thudpucker (who is often Trudeau's means of commenting on the
music industry) is being interviewed in conjunction with the release
of his most recent album, which Thudpucker describes as being on a
bold new kind of record label.
It turns out that his latest record is being released on Burger King
Records, and gets promotional play in Burger King women's restrooms
(women's, because (as Thudpucker says) "that's my demographic.")
Pretty clearly the strips are mocking the trend of aging rock and pop
stars releasing albums through national retail chains and places like
Starbucks.
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krj
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response 21 of 26:
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Jun 8 19:25 UTC 2007 |
Mock away, but non-traditional retail outlets are selling CDs better
than just about anyone else in brick-and-mortar land.
---
Somebody over on velvetrope.com dug out this Wired article from
1997. Opening quote: "It's been a tough stretch for the US $40
billion music industry. The Internet is about to make it a
hell of a lot worse."
CD burners were just being perceived as a problem for the industry,
as prices were down to about $400 for a burner.
http://www.wired.com/culture/lifestyle/news/1997/10/7943
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Ars Technica reports on Congressional hearings held this week, again,
on the subject of file sharing on universities. The thrust of the
hearings seems to be that Congress is going to mandate that universities
install a technological fix to address the issue, whether the fixes
are any good or not.
"Congress, RIAA and Universities prepare for P2P 'arms race'"
http://arstechnica.com/news.ars/post/20070607-congress-riaa-and-universitie
s-prepare-for-p2p-arms-race.html
The wild claims for the Clouseau system from Safemedia look
like pure snake oil.
University of Utah claims to have achieved a 90% reduction in
file sharing with a combination of Audible Magic's filtering system
and a 2GB cap on a student's outgoing traffic, though they report
that they are blocking some users of the internet phone system
Skype.
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krj
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response 22 of 26:
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Jun 13 16:24 UTC 2007 |
via Ars Technica: The LA Times reports that AT&T is announcing
intention to keep copyright-infringing files off of its parts of the
Internet, which will include large chunks of the network backbone.
"The San Antonio-based company started working last week with studios
and record companies to develop anti-piracy technology that would target
the most frequent offenders, said James W. Cicconi, an AT&T senior
vice president."
http://www.latimes.com/technology/la-fi-piracy13jun13,1,5531531.story?ctrac
k=1&cset=true
As the Ars Technica piece points out, even the tiniest false positive rate
is going to drop an awful lot of innocent packets on the floor. This
would also seem to require spying deeply into user traffic ("deep packet
inspection") but what the heck, AT&T is probably already doing that
for the NSA.
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marcvh
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response 23 of 26:
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Jun 14 21:05 UTC 2007 |
One also wonders whether this could increase their liability for the
inevitable copyright-infringing material which slips through their dragnet.
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mcnally
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response 24 of 26:
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Jun 14 21:06 UTC 2007 |
Sounds incredibly stupid and liable to backfire if they really go through with
it.
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