Grex Music3 Conference

Item 107: The Eleventh Napster Item

Entered by gull on Mon Jun 24 13:04:00 2002:

Hopefully krj won't mind me entering this item this time.  I have some stuff
I wanted to post in it.

This increasingly irrelevantly-titled item is for discussion related to
copyright issues in digital media.
104 responses total.

#1 of 104 by gull on Mon Jun 24 13:08:43 2002:

Two news blurbs:

A lot of web broadcasters are shutting down now, citing RIAA royalties that,
even after being cut in half by the Librarian of Congress, are too high.

http://www.theregus.com/content/6/25338.html

Apparently the issue isn't just the current royalties, it's that they're
*retroactive* for the last four years.  So places that have been
broadcasting for a while, especially the larger ones, suddenly have a
massive tab due.

---

Microsoft seems to be spinning their DRM OS to make it more palatable.  This
is the "Secure PC" operating system with built-in support for copy
protection.  Microsoft, perhaps realizing this isn't very marketable to
anyone except Hollywood and record companies, is now referring to it as an
OS meant to protect your security and privacy, instead of one meant to
protect intellectual property.

http://www.theregus.com/content/4/25344.html


#2 of 104 by krj on Mon Jun 24 19:00:04 2002:

Heh.  The Register refers to the murdering of the web radio stations
as "culturecide."
 
 ((As for the naming of the items: while Napster Inc is increasingly 
   irrelevant, the company and the software do seem to have marked a 
   turning point, and keeping the names of the items the same helps
   any one who wants to read the backstory across over two years 
   of conferences.))  

  (((  Summer Agora #17  <--->  Music 107  )))


#3 of 104 by krj on Mon Jun 24 19:04:09 2002:

  ((((Oh, yeah, and these items just aren't for "copyright issues in 
      digital media," there's also a great deal of stuff about issues 
      roiling the music business which I stuff in here.))))


#4 of 104 by krj on Tue Jun 25 19:34:37 2002:

The dead-tree edition of USA Today contains an 8 page "Technology"
supplement which is primarily about the technology and copyright issues
and the music and movie industries.  Little in it will be new to 
readers of these items, but it's startling to see so many column 
inches devoted to the subject in the most mainstream media.
I dunno how much of it is available on USA Today's website.


#5 of 104 by gull on Wed Jun 26 13:36:28 2002:

Another Register item, this one about a bill introduced by Congressman
Howard Berman (D-California).  The bill would make it legal for the RIAA
to disrupt peer-to-peer networks that are being used to distribute
copyrighted works, essentially giving them the right to defend their
copyrights with vigilante justice:

http://www.theregus.com/content/6/25385.html

Berman does suggest there would be strict limits on what would be
acceptable for them to do -- damaging property would be out, for example.


#6 of 104 by krj on Wed Jul 3 21:04:42 2002:

Slashdot points to this Wall Street Journal / MSNBC story:
 
http://www.msnbc.com/news/775684.asp
 
"Major music companies are preparing to mount a broad new attack
 on unauthorized online song-swapping.  The campaign would include
 suits against individuals who are offering the largest 
 troves of songs on peer-to-peer services..."
 
"Companies have been reluctant to take legal action against 
 individual Internet users, in part because they have feared the 
 possible backlash that could result from big corporate interests
 dragging individuals into court...."
 
"People with knowledge of the matter say that the recording-industry
 trade association is still in the early stages of planning its efforts..."


#7 of 104 by krj on Fri Jul 5 16:02:39 2002:

Monday's dead-tree edition of USA Today had a story on music recording
sales for the first half of 2002.  The slide continues and accelerates.
If I remember the numbers correctly:
    album-length CD sales down over 9%
    all-format sales down over 12%

From the peak year of 2000, all-format sales are down over 18%.
 
The collapse is concentrated at the top of the charts.
In first-half 2001, 34 albums sold 1,000,000 copies;
in first-half 2002, only 20 albums have reached that level.


#8 of 104 by tpryan on Sat Jul 6 01:02:30 2002:

        Who would say that that decrease is from file-swapping of
popular CDs, or from the audience turning away from those offering
their latest?

        I am beginning to enjoy picking up songs from mp3.com.  Those
are ones being offered by the artists and companies.


#9 of 104 by mcnally on Tue Jul 9 23:21:01 2002:

  Today's Slashdot ( http://slashdot.org ) links to an anti-music-industry
  essay by 70s singer-songwriter Janis Ian.  She's supportive of file sharing
  and critical towards the record companies -- which is no doubt why the 
  interest from the Slashdot crowd..

     http://www.janisian.com/article-internet_debacle.html


#10 of 104 by krj on Wed Jul 10 03:31:05 2002:

Heh, beat me to it.  Janis Ian is an entertaining writer.
(And an entertaining performer, and an all-round fun person: we 
got to see her last year at both the Philadelphia Folk Festival
and the World SF Convention, the events one week apart.)
 
Wired reports that Gene Kan, the developer of Gnutella, is dead.
Suicide, age 25 I think.

http://www.wired.com/news/culture/0,1284,53704,00.html


#11 of 104 by tsty on Mon Jul 15 14:37:54 2002:

   http://www.wired.com/news/culture/0,1284,53704,00.html
   
   Quiet, Sad Death of Net Pioneer
   
   2:00 a.m. July 9, 2002 PST
   
   It's horribly ironic that the news of Gene Kan's death has  trav-
   eled so slowly -- no tributes posted on Usenet, no mention of his
   passing at any of the usual geek news sites.
   
   Perhaps the story of how a 25-year-old genius took his  own  life
   is  simply something that is just too difficult for folks to talk
   about.
   
   Kan, peer-to-peer file-sharing programmer extraordinaire, died on
   June  29.  His  professional  life revolved around developing new
   ways to share information easily and quickly. Thousands of people
   use  Gnutella  to  swap  files, a program Kan was instrumental in
   developing and promoting.
   
   Kan's suicide was not completely unexpected, according to some of
   his  friends. They had hoped Kan was winning his hard-fought bat-
   tle against depression exacerbated by personal problems.
   
   "We did all the things you're supposed to do," said Cody  Oliver,
   Gene's   business   partner  in  peer-to-peer  search  technology
   gonesilent.com. "We got him on Prozac; we connected  him  to  the
   suicide  hotlines.  He  promised he wouldn't do anything drastic.
   But now he's gone. It's a really rough time."
   
   The signs of impending awfulness were there,  Oliver  said.  Very
   recently,  Gene  had  changed his resume, which was stored on the
   University of California at Berkeley's server, to read: "Summary:
   Sad example of a human being. Specializing in failure."
   
   The university has removed Kan's pages.
   
   Whatever was going on in his personal life,  friends,  colleagues
   and  industry observers all agree that Gene Kan was not a failure
   -- either as a professional or as a human being.
   
   Kan was among the first programmers  to  produce  an  open-source
   version  of  the file-sharing application Gnutella, which enables
   users to search for and transfer files from computer to computer.
   
   His ability  to  translate  complicated  technology  into  easily
   understandable  terms  quickly led to his becoming the unofficial
   spokesman for Gnutella in particular, and for file-sharing appli-
   cations in general.
   
   "Gene was one of the first people to make hay with the idea  that
   peer-to-peer  file  sharing  wasn't just about music, but about a
   powerful  approach  to  problems  in  computer  networking,"  Tim
   O'Reilly, of O'Reilly Publishing, said.
   
   "It was Gnutella and Freenet, more than Napster, that got the at-
   tention  of  the  technical  elite  and made us think more deeply
   about the way the Internet was evolving," O'Reilly added.
   
   "And years from now, when we  have  an  Internet-scale  operating
   system,  and  don't  think of a computer as something on our desk
   but as something pervasive that we interact with through hundreds
   or  thousands  of different points of contact, we'll look back at
   pioneers like Gene and see the soil  in  which  the  future  took
   root."
   
   Kan was always careful to point up all the good things that could
   be done with peer-to-peer applications, while never mincing words
   about the problems the music industry perceived with file-sharing
   technologies  that also allow users to swap music and other media
   files.
   
   He testified before the Senate  Judiciary  Committee  last  June,
   advising  the  recording industry that "the toothpaste is already
   out of the tube," and it would be best to adjust their businesses
   to  the  new reality of file sharing, as opposed to trying to ban
   it.
   
   "I had the privilege of sitting next to Gene when we both  testi-
   fied  before the Senate Judiciary Committee hearing on file shar-
   ing -- his cool and calm, and centrality of purpose set  my  ner-
   vous  mind at ease," recalled Jim Griffin, CEO of Cherry Lane Di-
   gital, a music-publishing firm.
   
   "Gene's mind and talents were sharp  and  always  in  service  to
   mankind  and  the  bigger picture, and it is truly ironic that he
   sped the sharing of information but word of his death  has  trav-
   eled so very slowly."
   
   (page 2)
   
   Kan's most recent project, InfraSearch, is  based  on  Gnutella's
   technology.  InfraSearch allows any connected device on a network
   -- from cell phones and wireless PDAs to PCs and  servers  --  to
   communicate, collaborate and share information.
   
   Sun Microsystems bought Kan's company, then known as  GoneSilent,
   last  March  for  a reported $10 million, and until his death Kan
   worked for Sun as a consultant on the connected  search  project,
   now known as Project JXTA.
   
   "He was happy with the work. It was going well and he was getting
   paid,"  Oliver  said.  "Sun  wanted him to do some things that he
   wasn't thrilled about, but he knew that was part of the deal when
   you work for a big corporation."
   
   Oliver said when he thinks  of  Kan,  he  doesn't  dwell  on  his
   friend's  brilliant mind or advanced technical skills, but on the
   "damn good fun we had together before this whole mess."
   
   In his private life, Kan loved racing cars  and  writing  strange
   haikus.  He also collected license plates with technology-related
   expressions but refused to have  the  oft-suggested  "MP3"  plate
   made,  believing  it  would  cause hassles he didn't want to deal
   with.
   
   "It is hard to imagine any good coming from his  death,"  Griffin
   said. "But I'm guessing the peer-to-peer network will soon extend
   to the great beyond."
     
   
 .


#12 of 104 by jmsaul on Mon Jul 15 15:18:25 2002:

Depression kills.


#13 of 104 by slynne on Mon Jul 15 16:46:43 2002:

As sad as it is, stories like Kan's help me when I am feeling like a 
failure. It helps to know that even people I consider successful get 
those feelings and get depressed and whatnot. It helps me to remember 
that one doesnt have an objective view when one is depressed.



#14 of 104 by krj on Thu Jul 18 23:03:35 2002:

From the last few days, mostly via slashdot:
 
The RIAA is pushing for a legal mandate to require a "do not copy" flag
in future digital audio standards, and to require that everything
in the world honor that flag.
 
     http://news.com.com/2100-1023-944640.html

-----

The US Commerce Department held hearings on digital rights management
this week.  This was a big business meeting, and the views of the 
public were not wanted.  In protest, some of 
the free software people are now taking to a small bit of ruckusing.
Many stories:
     http://news.com.com/2100-1023-944668.html
       (Note that the MPAA's Jack Valenti now denies trying to "abolish"
        the VCR 20-some-odd years ago.)

     http://newsforge.com/newsforge/02/07/18/0155208.shtml

     http://features.slashdot.org/features/02/07/18/1219257.shtml?tid=99
       (takes the position that the ruckus was not helping things)



#15 of 104 by gull on Mon Jul 22 13:40:30 2002:

The Register is reporting that a videoconferencing company in Austin,
Texas is claiming patent rights to technology used in the JPEG standard,
and is demanding royalties on pretty much everything that decodes them.
 Sony has apparently already ponied up $15 million:
http://www.theregister.co.uk/content/4/26272.html
The JPEG committee seems confident they can get the patent overturned
with evidence of prior art:
http://www.theregus.com/content/6/25676.html

Also, fair use advocates apparently weren't welcome at a U.S. Department
of Commerce public workshop on digital rights management:
http://www.theregus.com/content/6/25660.html


#16 of 104 by oval on Mon Jul 22 15:25:24 2002:

let's all switch to png. right now.



#17 of 104 by gull on Mon Jul 22 15:42:11 2002:

PNG isn't really a good replacement for JPEG, because it's a lossless
compression -- it just can't match the file size reductions you can get
with a lossy compression like JPEG.  An 800x600 color photograph ends up
huge as a PNG file.  PNG is an excellent replacement for GIF, though.



#18 of 104 by gull on Mon Jul 22 15:52:44 2002:

To give you an idea of the difference, a 640x953 truecolor photograph,
compressed at 9.0 compression with PNG (the most aggressive setting)
gave an 814,516 byte file.  The same image, as a 75% quality JPEG, was
60,037 bytes.  Obviously this makes a *huge* difference for web browsing.

If you're curious, a long time ago I worked up a web page comparing GIF,
PNG, and JPEG on a few different types of images.  I did this as a quick
way to educate people who annoyed me by using the wrong image format for
something. ;) (Like using GIF for photographs, or JPEG for line art.) 
The page is here:
http://www.gull.us/imageformats/
The example above is taken directly from it.  BTW, I've noticed
Photoshop 4.0's PNG compressor isn't very good, I seem to get smaller
files with GIMP or NetPBM.  The files on that page were created with
GIMP 1.0.4.


#19 of 104 by gelinas on Tue Jul 23 01:30:38 2002:

gull, how did you get "gull.us"?  I didn't think anything but the fifty states
and DC had been created under .us.


#20 of 104 by other on Tue Jul 23 02:34:11 2002:

try girls-r.us


#21 of 104 by gelinas on Tue Jul 23 03:30:41 2002:

And once again I mourn the loss of Mr. Postel.


#22 of 104 by gull on Tue Jul 23 12:30:25 2002:

Re #19: They opened it up for all U.S. citizens, legal residents, and U.S.
corporations to register names in April.


#23 of 104 by krj on Tue Jul 23 16:06:16 2002:

Slashdot points to the EFF blog on digital TV issues.  
In separate letters, Sen. Hollings and Rep. Tauzin urge Federal 
Communications Commission chairman Michael Powell to move forward
immediately on requiring equipment to respect the "do-not-copy" flag/
"broadcast flag" in all digitial television applications.  
The legislators says the FCC already has the authority to do this.
 
Rep Tauzin's letter is co-signed by Rep John Dingell (D-Mich), 
who will shortly be appearing on a primary ballot for many of you.  :)


#24 of 104 by krj on Tue Jul 23 16:08:07 2002:

 (oops:)
 
http://bpdg.blogs.eff.org/
http://slashdot.org/articles/02/07/23/1241245.shtml?tid=129


#25 of 104 by gull on Wed Jul 24 13:20:18 2002:

More on the JPEG patent issue:
http://www.theregus.com/content/4/25713.html
The ISO standards body has said they'll no longer list JPEG as a formal
standard if Fogent continues to demand royalties on it.  The patent
expires in 2004 anyway, though, so I suspect a lot of companies will
just wait this one out.  There's also some comments by JPEG committee
member Richard Clark on the flaws in current patent law:

'"It's becoming impossible to set standards in multimedia; huge numbers
of patents are granted. In Japan there are 4,000 patents on image and
wavelet technology in Japan alone. It's followed the US model, where for
many, many years, the US has allowed patents on very small changes to
very detailed technical terms and where the benefits are few," said Clark.'
...
'And there aren't any safe havens, he warns.'

'"You can't create a standard that doesn't infringe patents - PNG or Ogg
Vorbis could equally be challenged. So it's no good saying something is
patent free: you have to persuade a US jury of that, and it's a crapshoot."'

Personally, I think it's particularly egregious when a company waits
until a standard has been firmly entrenched for over a decade, then pops
up to make a claim.


#26 of 104 by brighn on Wed Jul 24 13:42:50 2002:

I agree with the last paragraph of #25. I believe the courts have ruled as
much with trademarks: Companies can lose some of their trademark rights if
their product name becomes so ubiquitous it's a de facto synonym for the
product itself (examples include Kleenex, Coke, and Xerox... how many
companies have a Minolta Xerox machine, and how many people blow their noses
on Puffs Kleenex?). Unfortunately, that's trademark law, not patent law,
although I'd think some of the concepts would be extended.
 
I haven't read the details on this. Is this any different than the GIF flak?
It was ultimately decided that end-users couldn't be held responsible for GIF
trademark violation, only programmers of graphics packages (more detail than
that, but that was the basic gist).


#27 of 104 by gull on Wed Jul 24 14:27:11 2002:

That's pretty much what Fogent is claiming -- that if you create a
program or device that decodes JPEGs, you're using their patented
technology and have to cough up a royalty.


#28 of 104 by brighn on Wed Jul 24 15:07:59 2002:

Bah, that's as bullshit as the GIF argument, but they're probably assuming
that because the GIF suit went that way, they can go there with JPG too.
*sigh*
"Henry Ford announced today that, since the automobile is popular, all
manufacturers of the automobile are infringing upon a patent that he would
have filed had he known how popular the automobile would be, and they all have
to pay him money fore very car they build."
bullshitbullshitbullshit


#29 of 104 by tsty on Thu Jul 25 09:58:13 2002:

gull, #18, that's a really nice   images  page. but, uh, the smtpe 
color bars are, ummm 'off.'  he left-=most bar is supposed to be 70% white
adn teh absolute (100%)  black and white bars are the squares on
the bottom.
  
also, that looks WAY oversaturated, and the green and purple tint
seems a bit 'off' to my eyes.
 
are teh smpte color bars and the ntsc color bars supposed to be the same?
  
notice that my observations are based onthe ntsc bars, please.
  
(yes, i'm using a calibrated ibm p260 monitor, fwiw)


#30 of 104 by gull on Thu Jul 25 13:20:06 2002:

Re #29: I'm sure they are.  They're not my color bars, I snagged them
from another site.  IIRC, the site did note that they didn't imitate the
proper brightness levels because there's no way to ensure that in a
digital image.  Dunno if the 'blue filter trick' for adjusting
saturation and tint would still work with them.  Probably not, which
makes them sort of useless for monitor adjustment purposes, but I just
wanted an image with some sharp edges and areas of solid color.


#31 of 104 by gull on Fri Jul 26 20:32:27 2002:

Re #16: The Register ran some reader letters recently about the JPEG
patent problem.  They noted that several readers have suggested, as you
did, that switching to PNG might be a solution.  They pointed out
something I'd forgotten -- that PNG also has a patent encumbering it. 
Apple has a patent on alpha blending that appears to cover technology
used in PNG.  So far they haven't tried to enforce it, but there's
nothing to prevent them from deciding to in the future.  Reference:
http://www.theregister.co.uk/content/39/22898.html

So, you're pretty much going to run afoul of *someone's* patent claims
no matter what format you try to work with.


#32 of 104 by gull on Mon Jul 29 14:21:43 2002:

An Australian Federal Court has ruled that Playstation mod chips are not
illegal when used to play legally purchased disks from other countries:
http://www.theregus.com/content/54/25764.html


#33 of 104 by gull on Wed Jul 31 15:11:54 2002:

http://www.theregus.com/content/55/25813.html

Remeber those fears that the DMCA would be used to quash legitimate security
research?  It looks like they're coming true.  HP's threatening to sue a
group of researches who found a buffer overflow in the 'su' command of
Tru64.


#34 of 104 by krj on Wed Aug 14 21:50:23 2002:

Cnet carries a story from Declan McCullagh on the looming possibility
of criminal prosecutions for file sharing users.
 
http://news.com.com/2100-1023-949533.html

The actual hard news in the story is that a group of leading 
Senators and Congressmen from both parties, including Sens. Biden
and Feinstein for the Democrats, have written to the Justice Department
urging that such prosecutions begin.  The Cnet story contains a link
to the letter.  Under the NET act, I have written before, such 
prosecutions would be a slam dunk.  It would be sort of like a lottery.


#35 of 104 by tsty on Fri Aug 16 07:16:57 2002:

of course democrats want convictions - this is not news.


#36 of 104 by krj on Tue Aug 20 19:56:39 2002:

Business Week runs an overview story reporting that the music industry
is finally starting to look seriously at Internet distribution models
which might work.  The industry is driven by the continued collapse
of physical CD sales, with sales figures down 12.8% from a year ago
through August 3, following the 2001 decline of 10%.  (I think those 
are dollar value figures, not units.)
 
http://www.businessweek.com/technology/content/aug2002/tc20020812_4809.htm
 
-----

Somebody called Forrester Research releases a study claiming that MP3
trading has not been the cause of the crash in music sales; Forrester's
study blames the recession, and competition from videogames and DVDs
for entertainment dollars.
 
http://www.globeandmail.ca/servlet/ArticleNews/front/RTGAM/20020813/gtmusic
/Front/homeBN/breakingnews
http://www.forrester.com/ER/Research/Report/Summary/0,1338,14854,00.html
 
 
(above from the forest of links following a Christian Science Monitor
 overview story, which does contain the news that I missed, that the FCC
 has mandated anticopying technology in "the next generation of 
 televisions.";  you can find that story from wired.com)



#37 of 104 by krj on Wed Aug 21 03:23:44 2002:

resp:34 :: another Cnet story from Declan McCullagh.  At a conference
in Aspen Colorado, a deputy assistant attorney general states flatly
that the Justice Department is prepared to begin prosecuting
users sharing copyrighted files over the Internet; he would not, however,
set a date when such prosecutions would begin.
 
http://news.com.com/2100-1023-954591.html?tag=fd_top


#38 of 104 by gull on Wed Aug 21 13:11:50 2002:

This could get interesting.  I mean, what we have here is probably the most
widespread example of popular disobediance of a law since Prohibition.
Widespread prosecutions are going to be highly politically unpopular, and
you may suddenly see people caring enough about this issue to actually
pressure their representatives to not knuckle under quite so thoroughly to
the MPAA and RIAA.  (Other than the geeks who already care, I mean.)


#39 of 104 by krj on Wed Aug 21 21:08:47 2002:

Declan McCullagh and Cnet again.   The RIAA is asking a federal court
to compel Verizon to disclose the identity of a user who the RIAA 
believes was sharing music files.   Verizon has declined to honor
the RIAA's request under the "notice and take down" provisions 
of the DMCA, because (as I've written before) the plain language 
of that law does not cover material resident on the ISP customer's 
machine, only material residing on the ISP's server. 
 
The RIAA believes the DMCA rules should apply, of course, and this
is not such an outrageous stretch that the court would dismiss it
without a second thought; it depends on how literalist the court 
wants to be, given that P2P software -- serving up files from the 
customer's own computer -- wasn't worried about when the DMCA was 
written.

Still, this is another sign that the RIAA has decided to go hunting
for individual file sharing users; they have decided they have to 
endure the probable public backlash.

http://news.com.com/2100-1023-954658.html?tag=cd_mh





#40 of 104 by krj on Thu Aug 22 00:08:44 2002:

The Washington Post has an interesting overview piece:
 
http://www.washingtonpost.com/wp-dyn/articles/A42239-2002Aug20.html
 
"A New Tactic in the Download War:  Online 'Spoofing' Turns The Tables
 on Music Pirates."
 
Nothing terribly new, but it rounds up some choice material.
The hook/lead is about the appearance of bogus / fake MP3 files on 
the file swapping networks; the music companies are not 'fessing up 
to being behind this, but the idea is to clog the networks and 
get users to waste time, get frustrated, and go to the CD store.

(Digression:  I get the impression that the music industry thinks they
 can fight P2P file sharing to a draw with this tactic, but I have not 
 run into anyone complaining about such bogus files yet.)
 
Quote, after talking a bit about the music industry's 
quest for an uncopyable CD:
 

          "All this smacks of desperation," says Eric Garland,
          president of BigChampagne, a company hired by major
          labels to measure online file-sharing traffic. "When you've
          got a consumer movement of this magnitude, when tens of
          millions of people say, 'I think CD copying is cool and I'm
          within my rights to do it,' it gets to the point where you have
          to say uncle and build a business model around it rather than
          fight it." 

       ...


          The record labels have been spurred to action by figures
          they find terrifying: The number of "units shipped" -- CDs
          sent to record stores or directly to consumers -- fell by more
          than 6 percent last year, and it's widely expected to fall 6 to
          10 percent more by the end of 2002.

Most intriguing to me is the mention of a new MP3 recorder, the Ripflash,
priced at $179.   Google points to their website:
 
     http://www.pogoproducts.com/ripflash.html

This is, to my knowledge, the first self-contained MP3 recorder which
touts decent music quality.  As such, it's probably flatly illegal under
the Audio Home Recording Act (AHRA) because MP3 files do not incorporate
Serial Copy Management, to prohibit endless recopying.  I've seen about
two previous stand-alone MP3 recorders, and both of them were positioning
themselves as voice-only recorders for dictation and recordings of 
meetings, presumably in an attempt to stay under the RIAA's radar.
 
I might digress some more and mention that the AHRA is why so many people
are playing and recording music on their computers.  The AHRA mandated
that consumer digital audio recorders had to prohibit making copies of 
copies (Serial Copy Management System, or SCMS).  No product designed 
to conform to this law has had more than modest niche success in the 
market:
 
    Digital Compact Cassette is dead.
    Digital Audio Tape is a marginal pro-audio format.
    MiniDisc appeals to a small number of gadget freaks or people who 
       need really portable, decent-quality recording.
       I know about half a dozen MD users, including myself.
       The format appears to be fading; Best Buy is slower and slower on 
         restocking the Minidisc blank media
    Audio component CD recorders just haven't gotten any market impact,
       despite the glossy TV ads from Philips.

However, the AHRA exempted general-purpose computers from having to 
implement copy controls; thus, once the PC got a bit more powerful,
the race to move music into computers was on.   Consumers, almost
unanimously, have rejected Congress' intent that they should not have 
access to unrestricted digital copying; they have rejected this by 
the tens of millions.  To crib from someone else:  we are starting to 
move into real "consent of the governed" territory here.

(Sorry, I'm blathering again.)


#41 of 104 by tpryan on Thu Aug 22 03:53:47 2002:

        Go ahead and blather, it is massive peacefull civil disobedience.  Does
congress want to give me more laws to ignore?


#42 of 104 by krj on Thu Aug 22 15:10:01 2002:

The Rolling Stones are the last major rock band whose CDs still sound
crummy.  Slashdot reports on a plan to fix that starting in a week or 
so, with pointers to a story in Slate.  The new remastered Stones 
CDs will be done as dual layer CD/SACD discs.  SACD take an interesting
approach to copy prevention: they incorporate a "physical watermark,"
a bit pattern which is not part of the musical data stream, to 
identify an authorized copy.  SACD players will refuse to play any 
disc lacking the physical watermark bit-pattern. 

(Oh, SACD: Super Audio CD, yet another new format.  Reviews rave
about the sound quality.)

http://slashdot.org/articles/02/08/21/2012213.shtml?tid=141
http://slate.msn.com/?id=2069628
http://www.bitwareoz.com/sacd/faq.html


#43 of 104 by other on Thu Aug 22 17:25:50 2002:

http://slashdot.org/articles/02/08/22/1321224.shtml?tid=126

Technology Review has an article 
(http://www.technologyreview.com/articles/prototype10902.asp?p=7) 
about a new CD and DVD copy protection system
(http://www.doc-witness.com/tech.htm) by Doc-Witness 
(http://www.doc-witness.com/), where the disc itself has a smart card on 
it. The card checks if a request is valid, and then returns a key to 
decrypt the contents of the disc. It apparently works with standard 
drives.


#44 of 104 by mdw on Thu Aug 22 17:34:03 2002:

Is this an online or offline system?  By online, I mean that they
contact some sort of server, either via phone line or internet.  By
offline, I mean that the box in the store contains everything needed to
make the disk work.


#45 of 104 by scott on Thu Aug 22 19:06:59 2002:

Offline.


#46 of 104 by gull on Thu Aug 22 20:40:12 2002:

I'm one of the people who is of the opinion that the perceived sound
improvement from SACD discs is due to the placebo effect.  Record
companies really like the idea, though, because they're hoping to sell
people all the same albums over again.  And audiophiles, who have always
been suspicious of regular CDs, will sign on.


#47 of 104 by mdw on Thu Aug 22 20:48:37 2002:

If it's an offline thing, it won't be long until people figure out how
to compromise it.  Right off-hand, I'm not sure what would stop people
from simply ripping the tracks once decrypted - and I take it this thing
must come with a software driver to handle the decryption part.


#48 of 104 by mcnally on Fri Aug 23 04:28:31 2002:

  But that would be illegal!  :-p


#49 of 104 by twinkie on Sat Aug 24 18:15:00 2002:

re: 46

SACD and DVD-Audio both sound better than conventional CD's. Though, the
increased quality varies, based on what you're actually listening to.

I'm guessing the difference between the SACD and CD versions of the Rolling
Stones disc would be negligible, especially on a $500 "Theater In A Box"
system. Though, I wouldn't put it past Sony to master the SACD version with
a bit more treble and bass, to create the impression of brighter sound and
"punchier" bass on a cheap system.

However, jazz and orchestral music does sound better on advanced audio
formats. I briefly owned a SACD player and noticed a difference on my home
system (Harmon/Kardon amp, Yamaha NS-100XT speakers, etc.) but not to the
extent that I saw the value in keeping a $500 CD player, and paying extra
money for the few SACD's I could find, just to have them not work in my car
or computer.

re: 47 

I wouldn't be too sure of that. First off, even if you do rip the audio (which
would be possible today, if computers had an audio format that could
accomodate a frequency rate that high) where are you going to play the tracks,
other than on your computer?

Also, consider that the watermark is physical, not digital. The Sony
Playstation uses discs with physical copy protection, and nearly seven years
later, the best anyone's come up with is a chip that requres substantial
modification to the system. 



#50 of 104 by tod on Sat Aug 24 18:20:39 2002:

This response has been erased.



#51 of 104 by gull on Sat Aug 24 19:15:42 2002:

If it sounds better to you, great.  The claims made for it seem to
contradict what's known about how the human ear works, though, so I'm
skeptical.  I also know there are a lot of tricks they can do to make it
*seem* to sound better -- one easy one is to make the output level from the
player slightly higher when playing SACDs instead of regular discs.  People
will perceive the slightly louder music as "clearer".  Tinkering with the
mix is, as you mentioned, another option.


#52 of 104 by tod on Sat Aug 24 19:23:47 2002:

This response has been erased.



#53 of 104 by gull on Sat Aug 24 19:36:27 2002:

If I remember right, they're encoded at 24 bits instead of the 16 on a
regular CD, and at a 2.4 MHz sample rate instead of 44.1 kHz.  Note that
44.1 kHz is enough to accurately record any sound up to just under the
Nyquist limit of 22,050 Hz, and the human ear can only hear up to 20,000 Hz. 
Also, 16 bits is thought to have about 3 dB more dynamic range than the
human ear can actually pick out in music.  Hence my skepticism.

Mostly this is being pushed by record companies.  When CDs came out they
were able to sell everyone new copies of all the albums they'd previously
bought on LP -- profit with no expenditure on promotion or finding
new talent.  They're hoping to cash in on that again by getting everyone to
upgrade to SACD.


#54 of 104 by tod on Sat Aug 24 20:37:05 2002:

This response has been erased.



#55 of 104 by twinkie on Sat Aug 24 21:02:46 2002:

re: 51 / 53

That's something I've been confused by. I distinctly recall CD's being touted
as "perfect", in that they're able to reproduce the entire range of listenable
music. IIRC, the *only* limitation of CD's is the masters they're recorded
from. (Does anyone else remember the AAD/ADD/DDD specifications that used to
be printed on CD's?)

This is the same reason I don't entirely understand how a $2,000 "reference"
CD player can produce notably better sound than a $60 CD-changer. I mean, it's
just a digital stream. You can't really convert it in different ways. Yes,
I understand that the mechanism that turns that stream in to something my
receiver understands can be of varying quality. It's the reason my 200-disc
changer is connected with a fiberoptic cable, instead of two RCA cables. But
there's only so much improvement you can build atop the core technology.
Certainly not $1,940 worth.

In terms of pure technology and understanding of human hearing, I don't see
how it's possible for SACD (or DVD-Audio) to sound better than a CD, except
under very rare circumstances where the music pushes just beyond what a CD
is capable of. But for whatever reason, it does. There is a presence in
non-vocal music on SACD that isn't quite the same on CD. It seems more
lifelike, although I can't figure out how it possibly can be, other than
tinkering with the mastering of the disc.

Although I'm not yet willing to buy in to a Sony/Philips/RIAA consipracy, I've
always believed that mass-produced CD's haven't been mastered to their fullest
potential since the CD format gained complete consumer acceptance. It seems
noticably coincidental to me that an artist's debut album sounds (in terms
of clarity) better than following albums more often than not. Conspiracy?
Probably not. Laziness? Absolutely. Why spend days mastering, and remastering
something that you already know people are going to buy either way?

With SACD's (and formerly, CD's) there was a degree of uncertainty there. They
cost more than other formats, weren't as versatile in terms of being copyable
and/or playable in cars or portable units, and the players cost more money
than most people spend on components.

Writing this made me remember something...so I just tested my theory. Janet
Jackson's "Rhythm Nation" sounds very, VERY crisp and clear, despite the fact
that it's an AAD master from 1989. The same song ("Alright") sounds muddier
(albeit, slightly) on "Design Of A Decade" which was produced in 1995.

In 1989, you were lucky to pick up a component CD player for less than $150.
Portable and integrated CD systems were much more expensive (and prohibitively
so, for the teen audience that record companies target), and there wasn't
exactly a slew of CD's to be bought. In 1995, you could get a nice integrated
portable system, or disc changer for half of that price, and there were tons
of CD's available. Most anyone who wanted a CD player could afford one, and
because of that, there was no real need to convince anyone of the clarity that
CD's provided, because you could sell them on the convenience factor.

Whether the laziness was slowly accepted as cost-effective, or planned all
along is probably unknowable. Or maybe I've just been listening to CD's for
so long, that I associate older discs with how amazingly clear they seemed
to be. I dunno.

re: 52 

Super Audio Compact Disc, IIRC



#56 of 104 by scott on Sat Aug 24 23:24:29 2002:

Well, there are a couple things "wrong" with "perfect" 16-bit 44MHz CDs.

One thing a few audiophiles have claimed is that human hearing doesn't stop
at 20KHz, and even if it does there are phasing artifacts well above that.
So, some people doggedly hang onto their vinyl since it doesn't have that
fixed 22KHz theoretical limit.

The issue about CD players is that while the digital stream always decodes
the same, not all D-A converters are created equal.  The cheaper units tend
to suffer more from noise from other parts of the circuitry, nonlinear effects
from the semiconductors, and non-optimum analog circuitry.  

That being said, my hearning is better than most people's and I can't hear
any limitations.  


#57 of 104 by gull on Sun Aug 25 00:13:15 2002:

Higher-end CD players tend to have better tracking subsystems, too.  My
1986-vintage Sanyo player, which was probably pretty expensive new, will
play discs that my Discman gives up on, and it skips less often.  This may
have something to do with the fact that the Sanyo splits the laser into
three beams for tracking purposes, while the Discman multiplexes a single
one.

There's also some room for tweaking in the analog filters that have to
follow the D/A converters.


#58 of 104 by goose on Sun Aug 25 00:46:08 2002:

Filters that affect the passband.  Power supply design.  Stable clock.

I'm not saying it's worth an extra $2k, but there is more than one way
to skin a cat, and my $600 player does sound better than my $60 player.

I have to agree though that the record compaines are in the business to make
money and sell you more formats.  That said, SACD and DVD-A are improvements.
IS it worth it to most people?  Doubtful.


#59 of 104 by polytarp on Sun Aug 25 01:41:53 2002:

What is twinkie doing here?


#60 of 104 by i on Mon Aug 26 00:07:57 2002:

CD's:
If you're into any type of music that doesn't have a pretty compressed
dynamic range (classical vs. pop for example), the 16-bit CD's ability
to make *both* the really quiet parts (like some wind instrument solos)
and the really loud parts sound good is pretty limited.  I've certainly
experienced this (though i can't rule out that it's just poor quality
production work).
My understanding is that there's plenty of room for a niche market
selling the same music on the same media, but with all the slip-ups/
short-cuts/etc. in the production work corrected.  Some perfectionists
have money. 
Younger people often have hearing that goes up to 23+KHz.  CD's and CD
players have to fade out quite a ways below that to avoid wierd effects
from their 22KHz limit.  
Even if the digital music on the CD is "perfect", it's technically 
impossible to convert that to an analog signal with 0% error.  More
money can buy you less error...how much you got and what's good enough?


#61 of 104 by twinkie on Mon Aug 26 03:32:24 2002:

I think that's bordering on pretentious. 

Yes, any D/A conversion is going to have some degree of error, but we're
not comparing something with a 10% error rate to a 1% error rate. We're closer
to 0.73% vs. 0.03%.



#62 of 104 by russ on Mon Aug 26 10:49:16 2002:

I used to be able to hear the ultrasonic motion detectors in Fiegel's,
but I didn't have anything resembling good musical taste at the time.

I don't know how well the music industry is going to be able to force
the genie back into the bottle.  CD is more than good enough for most
people, and huge numbers find MP3 acceptable.  SACD may be an
improvement, but I doubt that very many people will care enough to want
to replace their legacy CD players and collections.  As long as people
want to play their old CDs, even SACD players will have to support the
format; that will make all the watermarking in the world useless.


#63 of 104 by scott on Mon Aug 26 12:45:10 2002:

Re 61:  You've never met a hardcore audiophile, have you?


#64 of 104 by gull on Mon Aug 26 12:56:06 2002:

Hardcore audiophiles also buy special oxygen-free speaker cables that
cost $20/foot, and think resistors wound with silver wire sound better
than ones wound with nichrome.


#65 of 104 by mcnally on Mon Aug 26 17:21:06 2002:

  re #63:  bought a recording on LP or cassette tape lately?

           once a clear winner emerges from the battle between
           new "secure" digital formats, expect the record companies
           to start cutting back on which parts of the catalog they
           release on CD.  that won't compel CD owners to upgrade
           their existing collections, but it will force much of the
           market towards the new format.


#66 of 104 by tod on Mon Aug 26 17:24:59 2002:

This response has been erased.



#67 of 104 by twinkie on Mon Aug 26 19:56:43 2002:

re: 63

I have. They tend not to "border" on being pretentious ;-)



#68 of 104 by gull on Tue Aug 27 13:05:20 2002:

An article talking about how the RIAA is continuing to blame file
sharing for the drop in CD sales.  It rather sarcastically suggests
several alternative reasons.

http://www.theregus.com/content/6/26099.html

'"Though other factors like the decline in consumer spending have played
a role, Cary Sherman, President of the RIAA, said that illegal music
downloading was the main culprit in the drop in sales," the lobbying
group explains.'

'Clearly the RIAA knows its enemy, and has the numbers to "prove" it. We
just wonder who they'll blame if they ever achieve their
government-mandated DRM copyright paradise, and sales continue to
disappoint.'


#69 of 104 by tod on Tue Aug 27 15:58:30 2002:

This response has been erased.



#70 of 104 by orinoco on Wed Aug 28 01:45:16 2002:

"The RIAA and PWC can shove that argument up their own posteriori."
....beautiful.  Just beautiful.


#71 of 104 by gull on Fri Aug 30 13:07:33 2002:

Thompson Multimedia has changed their MP3 licensing policy in a way that
makes it GPL unfriendly.  Apparently it's still free if you're producing a
free application, but royalties are due if the application is sold.  Or so
they say; they've removed the old language that exempted free players
entirely, so there's no longer any official assurance they won't exercise
their patents against free applications.

http://www.theregus.com/content/4/26136.html


#72 of 104 by krj on Fri Aug 30 13:19:00 2002:

The New York Times has an article on the commercial launch of the 
teensy tiny DataPlay discs, which we've discussed here before.
The article is not too optimistic about the DataPlay's chances 
for wide adoption for music; at best, says one analyst, it may end 
up a marginal product like the MiniDisc.   The music industry wants
the product to succeed because it includes copy prevention features.
 
There is a nice picture of the DataPlay disc next to a CD.
 
http://www.nytimes.com/2002/08/29/technology/circuits/29RECO.html


#73 of 104 by polytarp on Fri Aug 30 16:39:08 2002:

fag.


#74 of 104 by randyc on Fri Aug 30 19:00:32 2002:

DO you always gotta do everything that jp2 dares you to???


#75 of 104 by polytarp on Fri Aug 30 20:50:20 2002:

fag.


#76 of 104 by mcnally on Sat Aug 31 04:35:39 2002:

  I read the NY Times article that Ken refers to in #72 a few days ago 
  and while I'd agree that the article is "not too optimistic about
  DataPlay's chances" after reading the article I'd go even further and
  say flat out that the DataPlay format will never succeed as long as
  these "features" as mentioned in the article are part of the bargain:

     1) pre-recorded discs several dollars more expensive than CDs
     2) playback devices and blank media very expensive.
     3) except for media size, no obvious advantage over CD format
     4) potentially cumbersome anti-copying restrictions in recorders

  My own belief is that for a new format to supplant CDs, one of two
  things needs to happen.  Either

     1) record companies all stop releasing recordings in the CD format, or
     2) the new format will have to be either much better, or the recordings
        much cheaper than CD.  Probably the new format will have to be both
        better *and* cheaper.


#77 of 104 by tpryan on Sat Aug 31 20:41:48 2002:

        Well, the same thing is happening with DVD audio discs.  Might
be better quality, but the cost per disk is like $24.95, where the 
CD version might sell for $17.98 or in some cases, is in the mid-price
catalog, list as $12.99, common at $9.99.  Of the stack I seen recently
, probably Best Buy, a small catalogue of titles, and it did not 
include the new Bruce Springsteen title.  If the record companies
really wanted to sell DVD audio, 1) the price per disk would not be
more than $1 more expensive, 2) new titles need to be supported 
immediatly.  3)  Nothing that would sonicly ruin the music to 
prevent copying.


#78 of 104 by russ on Sun Sep 1 11:53:26 2002:

I don't know who the RIAA thinks they're fooling, but it's not me.
I'm trying to send them a message by buying anything good I can find
so long as it's under $10.  I just found another Tom Waits CD for
$7.99, which is reasonable given the cost of production etc.  If
they try to jack the price up to $25 I won't be buying any new music
from them at all.  What I buy now is almost exclusively from little
indy labels for $15/disc or less.

I'm sure there are a lot of indie artists who will continue to publish
on CD even if the RIAA goes to something more expensive.  This will
just make the indie artists more attractive to listeners and get them
to stop buying from RIAA members and their retail channels.  Oops...


#79 of 104 by krj on Mon Sep 2 15:01:17 2002:

In today's news: two companies see different directions for 
music and the Internet.

The NY Times writes about AOL's plans to become a major force 
in music marketing -- sort of the next MTV, perhaps, since MTV isn't
very interested in music any more:
 
  http://www.nytimes.com/2002/09/02/technology/02MUSI.html
 
Meanwhile, there are lots of stories reporting that the Bertelsmann
conglomerate (BMG in music) is about ready to give up on the Internet.
Bertelsmann is expected to shutter its online book & CD selling 
ventures, and close down what's left of Napster.
This follows in the wake of the ouster of Thomas Middelhoff, 
the former Bertelsmann CEO who was a champion of the online stuff;
the corporate board dumpe Middelhoff in large part because of the 
online losses.

  http://news.com.com/2100-1023-956225.html?tag=fd_top


#80 of 104 by bru on Mon Sep 2 20:45:49 2002:

read an article last night about the new laser techinology that lets you store
4 times the data curently storeable on a cd by using blue instead of red
lasers.  Sony is pushing this as opposed to several otehr formats that are
coming out doing a similar function.  So combine that with the the dataplay
and think of the amount of music or data you can stoer on it.


#81 of 104 by gull on Tue Sep 3 13:01:34 2002:

An update on the piece I posted earlier about Thompson Multimedia's MP3
license changes:

http://www.theregus.com/content/4/26153.html

MP3 royalty scare over - not many dead
By Andrew Orlowski in London
Posted: 08/31/2002 at 05:30 EST

Thomson Multimedia, who license the MP3 format have confirmed that
software players are not under threat, and can remain free.

The disappearance of a specific opt-out for software from Thomson's
licensing page caused great alarm earlier this week. Thomson's licensing
page had indeed changed, and an opt-out of free decoders had vanished.

But Thomson says the decoder royalty refers to hardware devices, such as
CD players capable of playing MP3 data files, and the policy is unchanged.

"Thomson has never charged a per unit royalty for freely distributed
software decoders. For commercially sold decoders - primarily hardware
mp3 players - the per-unit royalty has always been in place since the
beginning of the program," a spokesman said.

"Therefore, there is no change in our licensing policy and we continue
to believe that the royalty fees of 75 cents per mp3 player (on average
selling over $200 dollars) has no measurable impact on the consumer
experience."

A Thomson spokesman told NewsForge's Robin Miller that it was a ruse by
Ogg Vorbis advocates to get publicity.


#82 of 104 by krj on Wed Sep 4 12:38:56 2002:

Many media reports: the bankruptcy court judge overseeing the 
Napster case has blocked the proposed sale of Napster's remains
to Bertelsmann.  Here's Cnet's story:
 
http://news.com.com/2100-1023-956382.html?tag=fd_top

Bertelsmann's proposal was to forgive the $85 million
already loaned to Napster and pay $9 million for its remaining 
assets.   This was opposed by the record industry and the music
publishers -- in my view, because they are pursuing a scorched-earth
policy against Napster and anyone who did business with it,
in particular its lawyers.

The judge ruled that because Napster's CEO Konrad Hilbers had 
ties to Bertelsmann, there was a conflict of interest in the sale.
With Napster's advocate Thomas Middelhoff gone as CEO of Bertelsmann, 
the media group indicates it has no further interest in pursuing the 
matter.
 
Napster is proceeding to a fire-sale liquidation which will yield
pennies for its creditors -- the Bertelsmann deal was better than 
anything likely to appear now.   Napster laid off all remaining 
employees except for a small staff overseeing the bankruptcy.

Visit the napster.com site, while it lasts.

I'll probably continue titling these summaries as "Napster items."  :)


#83 of 104 by krj on Thu Sep 5 21:22:16 2002:

The music industry gets an injunction to force Aimster/Madster to 
shut down immediately:
 
http://www.wired.com/news/business/0,1367,54950,00.html
 
The Washington Post has a nice overview on the dispute between 
the RIAA and Verizon, and the RIAA's attempt to bend the DMCA to 
force Verizon to disclose a user's identity without any due process:
 
http://www.washingtonpost.com/wp-dyn/articles/A38034-2002Sep4.html


#84 of 104 by krj on Fri Sep 13 05:14:32 2002:

http://www.wired.com/news/mp3/0,1285,55006,00.html

"Digital Rights Outlook: Squishy"

Buried in the story is a report that Thompson Multimedia has plans
for a Super MP3.  The Super MP3 will include a "tracking signature ...
that will identify the PC that made it."  No implmentation details
are offered, but there's a quote from a Thompson Multimedia VP
so presumably this is halfway thought out.


#85 of 104 by gull on Fri Sep 13 13:10:40 2002:

Interesting.  Must be intended to help record companies track down people to
prosecute.  It won't work, though, no one will use it.


#86 of 104 by gull on Fri Sep 13 16:09:28 2002:

A new paper by Sandvine, Inc. finds that between 40 and 60 percent of all
Internet traffic is now generated by Kazaa and Gnutella.

http://rtnews.globetechnology.com/servlet/ArticleNews/tech/RTGAM/20020906/g
tcybsept6/Technology


#87 of 104 by mcnally on Sat Sep 14 02:03:53 2002:

  I'll have to read the article but that claim has set my bullshit detector
  buzzing.


#88 of 104 by gull on Sat Sep 14 03:04:09 2002:

The article unfortunately doesn't have many details.  There's a link to the
paper, but it requires some kind of registration.

I'm not sure it's so far-fetched.  Have you ever tried Gnutella?  It's
incredibly inefficient.  The amount of traffic when you aren't even doing
anything is amazing.  It's enough to swamp a 56K modem link all by itself.


#89 of 104 by russ on Sat Sep 14 03:08:28 2002:

I can see the "squishy" DRM thing lasting about 2 days, then enough
people will have encoded and compared their files to have found a
way to delete or corrupt the identifying informmation.  Once the
files are anonymous again, the RIAA has nobody to sue even if they
find an illicit file.

In the mean time, people will download .OGG encoders en masse.


#90 of 104 by jazz on Sat Sep 14 20:20:34 2002:

        Since Napster can use a range of ports, it's hard to tell, but
tracking the most commonly used ones, about thirty-two percent of one DS-3
that we'd used for a test case analysis was used by Napster (when it was
still up) and other common P2P programs at the time.


#91 of 104 by krj on Mon Sep 16 01:30:02 2002:

The slyck.com coverage of the Sandvine paper is at
 
http://www.slyck.com/newssep2002/091202a.html
 
and their link to the Sandvine paper on bandwidth consumption, which
seems to require no registration, is at:

http://sandvine.com/solutions/pdfs/P2PWhitePaper.pdf


#92 of 104 by krj on Mon Sep 16 22:27:34 2002:

via Wired and the dead tree edition:  USA Today runs a summary story on 
the struggles between major recording artists, now organized as the 
Recording Artists Coalition, and the RIAA labels.   Seems like the 
RAC group is starting to get some traction; their drive to get a 
seven-year limit on contracts, a limit on every other industry in 
California, was tabled this year but is set for a big push next year.
 
http://www.usatoday.com/life/music/news/2002-09-15-artists-rights_x.htm
 
Keith Richards says he's not in the struggle for the money, but for 
the music: he says it's time for the accountants to stop defining what
good music is.
 
-----

In the slashdot followup chatter is this pointer to the San Francisco
Chronicle:
 
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/08/18/PK4256.DTL

Jimmy Buffett ("Margaritaville") has departed the major labels and 
set up his own label.  He sold half a million copies of his release
on his own label.  He's looking to sign other unhappy artists to 
his label: he's already landed Poison.
 
Quote:
>   "We make as much money if we sell 100,000 copies this way as we made
>    when we sold a million copies through a major label," Poison
>    bassist Bobby Dall told Billboard magazine."
 
Buffet doesn't have the horrendous overhead of the majors -- no big upfront
deals, no high-paid executives -- so the payout to the artists is much 
larger.


#93 of 104 by krj on Fri Sep 20 13:52:37 2002:

via Slashdot:  A Robert Cringely column about BayTSP, a company 
devoted to searching the net for copyright infringements and 
child pornography, on behalf of the copyright industry and the 
government, and Mark Ishikawa, who runs the company.
 
http://www.pbs.org/cringely/pulpit/pulpit20020919.html
 
Buried deep in the story:

> According to Ishikawa, we'll see major arrests in October 
> of people who have been illegally
> (and flagrantly) sharing movies. With the evidence already 
> gathered, the game is afoot,
> meaning this week is too late to stop sharing those movies 
> and expect to get away with it.
> This might be a good time to get a lawyer. 

in resp:37 was a report that an official from the Department of 
Justice announced that such prosecutions would be happening.

A story I lost somewhere suggested that it would be the movie industry,
and not the music industry, which would be the first to throw people 
in jail, because the movie industry worries less about backlash and 
its image.


#94 of 104 by gull on Fri Sep 20 14:55:57 2002:

I still think this is a risky move.  The backlash might be political (i.e.,
a call for the laws to be changed) and that could be bad for corporate
copyright holders.


#95 of 104 by tpryan on Fri Sep 20 16:40:44 2002:

        If someone posts a movie in say a usenet newsgroup, but noone
downloaded it, was there any damage?


#96 of 104 by gull on Fri Sep 20 17:35:12 2002:

Under the DMCA, I don't think damages have to be proven.  Just that a copy
protection scheme was circumvented.  That'd be either the CSS encryption on
the DVD or the Macrovision encoding on the videotape.


#97 of 104 by krj on Fri Sep 20 18:02:25 2002:

I don't think we are looking at prosecutions under the DMCA, 
but under the NET (No Electronic Theft) act.  
Copy prevention schemes are not an issue here; under the NET act, 
and for the first time, non-profit copyright infringement becomes 
a felony at a certain dollar value threshhold.   Prior to this 
act, it was (at least in practical terms) not possible to 
criminally prosecute copyright infringements which were not for 
financial gain.


#98 of 104 by other on Sat Sep 21 00:07:17 2002:

I suspect the music industry doesn't think it has much left to lose.


#99 of 104 by krj on Sun Sep 22 00:31:08 2002:

http://www.infoanarchy.org  carries a report on Danish raids against
computer users hosting eDonkey servers.  eDonkey is a file trading
network which has avoided the mainstream coverage given to KaZaa
and Morpheus.   The report is not totally clear, but it seems that 
there were 11 servers confiscated at different locations, but only 
the owners of two of them were charged.    I am not totally clear
on the technical construction of the eDonkey network, but it seems
that the raided servers only contain directory information.
 
The people carrying out the raids in Denmark regard mIRC as prohibited 
software, because it can be used to exchange files.


#100 of 104 by janc on Sun Sep 22 13:43:56 2002:

Interesting.  A while ago we thought Grex was the subject of a distributed
denial of service attack, because we were being hit by a mssive flood of
requests from many different hosts.  Closer examination showed that someone
had put an edonkey directory on Grex.  Lucky the Ductch police didn't
confiscate Grex.


#101 of 104 by jmsaul on Sun Sep 22 14:45:58 2002:

Maybe that's what clees is coming over to do.


#102 of 104 by dbratman on Wed Sep 25 16:59:31 2002:

resp:88 David Brodbeck writes, "Have you ever tried Gnutella?  It's
incredibly inefficient."

More inefficient than going down to the record store and buying an 
album?  (Or online, if you don't have a record store.)

Reports of inefficiency, mess, time-consuming*, and complexity, as well 
as my semi-non-techie uncertainty of how I'd get the files to play when 
I'd downloaded them has scared me off file-sharing far more efficiently 
than any threats from the music industry.

* generally speaking, I find that N minutes spent waiting for my 
computer to do something is about as tedious as 5N minutes spent 
waiting for anything else in my life I might have to wait for.


#103 of 104 by gull on Wed Sep 25 17:42:34 2002:

I meant inefficient in the sense that it takes up a large amount of network
bandwidth, even just for things like search traffic that are only
peripherally related to downloading files.  I would tend to agree that
getting an album from a file sharing service, burning it to CD, downloading
the cover art and printing it out, etc. is much more time consuming then just
getting Amazon.com to deliver the darn thing to you, though.


#104 of 104 by mcnally on Thu Sep 26 21:03:27 2002:

  A couple of days ago NPR re-broadcast an earlier interview with
  Jon Langford, founding member of the long-running British band
  the Mekons as well as participant in countless other side-projects.
  The interview will primarily be interesting to those who are either
  Mekons or alt-country fans but there are a few segments of general
  interest, including a bit about 16 minutes into the interview 
  where he discusses the dificulty of being a modest-selling band
  with a major label recording contract.

  In the late 80s the Mekons recorded two of their best albums,
  "Rock 'n' Roll" and "The Curse of the Mekons" for the major label
  A & M but disappointing sales (by A & M's standards) led to 
  the label's decision not to release in the USA and almost led to
  the break-up of the band.  Langford talks about this peripherally,
  mentioning how the band started at A & M with a theory that an
  inexpensively-recorded album with modest sales could still make
  money for the label but that after the person they'd signed with
  departed, label employees without a relationship with the band
  questioned the wisdom of bothering with a band whose sales were
  likely to be measured in the tens of thousands and not in millions.
  Ever since the A & M debacle the Mekons have recorded for small
  indies, though Langford says in the interview that that's no
  guarantee of being treated decently, either.

  The interview winds down with a few interesting bits about playing
  the British punk scene in the late 70s, which may also be interesting
  even to people without an interest in the band.

  To find the piece, go to www.npr.org and search for "Mekons",
  the Langford interview is the most recent item that pops up.
  Real-audio player required to listen to the streaming audio.



There are no more items selected.

You have several choices: