Grex Music3 Conference

Item 134: The Thirteenth Napster Item

Entered by krj on Sun Jan 5 17:29:40 2003:

I'm still obsessive; this item is back.      

Napster the corporation has been destroyed, but the Napster paradigm
continues.  This is another installment in a series of weblogs and 
discussions 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.

Linked between the Agora and Music conferences.
163 responses total.

#1 of 163 by krj on Sun Jan 5 17:47:09 2003:

So far I've only seen this one end-of-year story on CD sales in 2002:
 
"Album sales took another tumble"
http://www.usatoday.com/life/music/news/2003-01-02-album-sales_x.htm

Christmas sales were decent and trimmed the loss a bit; CD sales 
were down 8.7% for the year in number of units sold, which is better than
the 10-12% decline which was being predicted as recently as the fall.
The 2002 decline follows a 2.5% decline in 2001.  These are SoundScan's
numbers.
 
Country music was up 12.2%; all other genres reported were static or down.

The dead tree edition of this story had an accompanying chart listing the
Top Ten sellers for the year.  "Rock is dead, they say:" the closest 
to rock music in the top ten list were Avril Lavigne and Pink.
There were four hip-hop/rap albums on the list, and four country albums,
including the venerable O BROTHER soundtrack album, which was the 
#10 seller in its second year of release.   Eminem had the year's best 
selling album with about 7 million copies sold, but O BROTHER's sales 
totals over two years match that 7 million figure.
 
I lost the story which reported that the music concert business also
took a beating in 2002.  The concert decline cannot be attributed to  
digital file sharing; it instead reinforces the idea that the music 
industry is losing its grasp on people's attention.   

I'd love to see a comparison of the decline in CD spending and the 
growth of DVD spending.  


#2 of 163 by krj on Sun Jan 5 17:56:17 2003:

Oh, one more point from the new USA Today story:  it refutes the story 
reported in November  
   http://www.usatoday.com/tech/news/2002-11-03-online-music-sales_x.htm
in which a study claimed that music sales were plummeting at 
online retailers.

The new story says that online sales were up 8.6% for 2002.


#3 of 163 by senna on Sun Jan 5 20:45:03 2003:

Nobody is going to buy rock music if there is no good rock music to buy.


#4 of 163 by mcnally on Mon Jan 6 03:48:05 2003:

  It's interesting to speculate where the record labels would be placing
  blame if peer-to-peer file trading services had never become popular.
  Ironically, Napster may be the best thing that ever happened to a number
  of record company executives..


#5 of 163 by tsty on Mon Jan 6 07:22:51 2003:

yeh, it caught them napping ....


#6 of 163 by jazz on Mon Jan 6 17:39:43 2003:

        I'm with Steve on #3.

        One thing Napster and other P2Ps have done is to help introduce non-pop
bands to a significantly wider audience.  Those bands' sales don't even show
up as a blip on the RIAA's radar.


#7 of 163 by gull on Tue Jan 7 14:59:32 2003:

http://www.theregister.co.uk/content/4/28749.html

DVD Jon is free - official
By John Leyden
Posted: 07/01/2003 at 11:09 GMT

The entertainment lobby has failed to persuade a Norwegian court to
convict a teenager for creating a utility for playing back DVDs on his
own computer.

Jon Lech Johansen has been acquitted of all charges in a trial that
tested the legality of the DeCSS DVD decryption utility he produced,
Norwegian paper Aftenposten reports.

Norwegian prosecutors, acting largely on the behest of the Motion
Picture Association of America (MPAA), argued in court that Johansen
acted illegally in sharing his DeCSS tool with others and distributing
it via the Internet. They claimed the DeCSS utility made it easier to
pirate DVDs.

The court rejected these arguments, ruling that Johansen did nothing
wrong in bypassing DVD scrambling codes that stopped him using his Linux
PC to play back DVDs he'd bought.

Judge Irene Sogn ruled that there was "no evidence" that either Johansen
or others had used the decryption code (DeCSS) illegally, Aftenposten
reports. Judge Sogn dismissed prosecution arguments that Johansen
intended to aid and abet DVD piracy.

The ruling means its legal to use DeCSS code to watch legally obtained
DVD films, at least in Norway.

The case began three years ago with a raid on Johansen's home, after
which he was charged by the Norwegian Economic Crime Unit for obscure
offences against Norwegian Criminal Code 145(2) which carry a sentence
of up to two years in jail.

The case has been closely watched ever since, and Johansen's victory
represents a big win for the tech enthusiasts against the bully-boy
tactics of the US entertainment industry.


#8 of 163 by tsty on Tue Jan 7 15:55:26 2003:

phew!
/


#9 of 163 by keesan on Tue Jan 7 17:29:07 2003:

I have never used a DVD.  Is it not normally possible to play one in a
computer DVD-drive, or is it just not possible to use Linux to do so?


#10 of 163 by mynxcat on Tue Jan 7 17:34:22 2003:

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#11 of 163 by keesan on Tue Jan 7 17:37:49 2003:

So why did someone have to write a decoder for Linux?


#12 of 163 by mynxcat on Tue Jan 7 17:43:30 2003:

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#13 of 163 by gull on Tue Jan 7 18:28:47 2003:

A DVD drive lets you read data on DVD discs, like a CD-ROM drive.  The
problem comes in because DVD movies are *encrypted*, and need to be decoded
in a specific way to be played back.  The encryption is intended to stop
people from copying the video off the DVD and into other formats. 
(Analogous to 'ripping' audio CD tracks and converting them into MP3 files.)
It doesn't prevent copying the whole DVD to another DVD, though.

My understanding is that DVD drives are capable of reading the data, and
capable of supplying the necessary decryption key (if the disc is the same
region as the drive is set to), but the playback software needs to do the
actual decryption.  Only licensed software companies that pay royalties to
the MPAA are supposed to have the ability to write this software.  DeCSS is
an unlicensed, illegal (in the US), reverse-engineered version of this
decryption code written by someone who was frustrated by the lack of DVD
players for Linux.

If the drive *isn't* set to the right region, flaws in the encryption
algorithm make it possible to brute-force out the correct decryption key,
but it's more time consuming.

This is all based on my understanding of bits and pieces of information I've
seen.  If I've got something wrong, let me know so we can all learn. ;)


#14 of 163 by tod on Tue Jan 7 18:51:55 2003:

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#15 of 163 by keesan on Tue Jan 7 19:14:59 2003:

So there are players for Windows?


#16 of 163 by aruba on Tue Jan 7 23:27:21 2003:

There are lots of players for Windows.  Every DVD I rent seems to have a
different one.


#17 of 163 by gull on Fri Jan 10 14:32:36 2003:

Yet another weird use of the DMCA -- this time, a suit filed by Lexmark
to prevent third-party companies from making printer toner cartridges.

http://www.theregister.co.uk/content/7/28811.html

Excerpt:
"This week, federal district court in Lexington, Kentucky issued a
temporary order to prevent Static Control from making or selling its
microchips.

"The order has been put in place until Lexmark's motion for a
preliminary injunction can be heard by the Court.

"Lexmark's complaint alleges that the Smartek microchips incorporate
infringing copies of its software and are being sold by Static Control
to defeat Lexmark's technological controls, hence the invocation of the
DMCA. Its case is that Static Control's technology permits the
unauthorized remanufacturing of Lexmark Prebate toner cartridges."

In a way, I think companies like Lexmark are doing us a favor, by making
it obvious how absurd the DMCA really is.


#18 of 163 by krj on Fri Jan 10 15:33:04 2003:

I'm behind; some stories will have to get entered without me digging up
the links.
 
Reported in business and entertainment news everywhere:  Tommy Mottola
is out after 14 years of running Sony Music.   The press release calls
it a resignation but most news stories say he was pushed.  Sony ranks
#3 among the Big Five music companies, and its 2002 losses are reported 
in one story as over $100 million, in another story as $140 million.

-----
 
Two recent articles on the live concert bootleg scene.  The NYTimes 
reports that the trading of concert recordings is booming on the Internet;
the music industry mostly leaves it alone because they have bigger 
problems right now.  Concert bootleg CDs have changed from a premium-
priced item sold at dubious CD shops into a non-profit, 
gift-exchange medium.   Fans openly run Web pages to coordinate trading.

Bootleg enthusiasts consider themselves to be preserving artistic history.
(Though it's not mentioned in the article, that point has already
been borne out by the dedicated fans who bootlegged lots of old 
jazz performances.  And see the Dylan article which follows...)
 
Meanwhile, musicians deal with the new reality that every note they 
play in a concert is going to be heard worldwide: the Times concludes with 
an anecdote about how this realization led one musician to quit drinking
on stage.

http://www.nytimes.com/2003/01/06/arts/music/06ARTS.html

Over in Salon, there is a very nice essay about how 
the craving of fans for Dylan live & unreleased songs created the 
modern bootleg industry, and how the bootleg industry has returned 
the favor by keeping Dylan's profile and critical esteem high, even
in the last 25 years when his official studio output has been 
mostly low quality:
 
http://www.salon.com/ent/music/feature/2003/01/07/dylan_boots/


#19 of 163 by krj on Fri Jan 10 23:13:05 2003:

Another unrelated story in Fox News' entertainment
column on Tommy Mottola's firing is this:

Whitney Houston's new album JUST WHITNEY has sold 430,000 copies in 
the USA.  The article describes it as a "dismal sales failure;"
you might not think 400K copies as a failure, but Whitney
has a contract reported elsewhere to be worth $100,000,000,
and this Fox item claims that she has borrowed $20 mil from 
her label Arista as an advance against future royalties.  

So, on a per-CD basis, Fox claims that Ms. Houston has borrowed about
$40 for every copy of her CD sold.

  (Arista, according to Fox, claims 1 million copies shipped and
   is asking for a platinum record on that basis; I thought the RIAA
   had put up safeguards to stop giving out awards on the basis of 
   shipments, not sales, years ago.)

To give this a little more context: sales of JUST WHITNEY are
less than 1/10 of what Eminem has sold with his last couple
of releases -- nowhere near enough sales to support her 
megacontract.
 
http://www.foxnews.com/story/0,2933,75046,00.html


#20 of 163 by tod on Fri Jan 10 23:24:17 2003:

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#21 of 163 by tpryan on Fri Jan 10 23:39:38 2003:

        Can we conclude that Country Music fans don't know how to
download and burn CDs, or that they actually do want the CDs from
the artists.
?


#22 of 163 by krj on Mon Jan 13 16:59:32 2003:

We're getting another burst of "music industry crisis" stories.
The February issue of Wired puts the subject on its cover, though
none of that content is posted online yet.

http://www.nytimes.com/2003/01/13/business/media/13TUNE.html
"Music Industry Braces for a Shift"

2000 CD (and cassette!) sales were 785 million; 2002 sales were 
681 million, for a two-year decline of 100 million.

Lots of punditry: the business' problem remains that their biggest
costs, for "talent" and marketing, are out of control, and there
are always music execs willing to overspend in those areas.
 
Sony Music, trying to "think outside the box," has brought in a 
TV executive to replace outgoing head Tommy Mottola.  It is 
suggested that most music industry executives are stuck in the old,
failing business model and will have to be replaced.

One unnamed executive says the price of CDs must come down, observing
that it is absurd that a movie soundtrack CD now costs more than 
that same movie sold as a DVD.

On the other hand, the RIAA's Hilary Rosen sounds even more pathetic
than usual when she talks about keeping the price up in the face
of falling sales, and then goes on:  "... she said the industry needs 
to promote the joy of CD collection and to revive the value of owning
a physical object."


#23 of 163 by keesan on Mon Jan 13 17:14:21 2003:

What does a DVD cost?


#24 of 163 by jep on Mon Jan 13 17:56:46 2003:

How much does a physical blank DVD cost?  I imagine it's around 50 
cents.  

How much does a DVD cost that has a movie on it?  $25-30 if it's a top 
of the line movie or one that's in demand, such as a recent Disney 
movie or any successful movie released in theaters in the last year.

If I want a movie or CD, I buy it.  But there aren't that many I really 
want.


#25 of 163 by mcnally on Mon Jan 13 19:28:36 2003:

  John's numbers are a little out of date.  Many popular recent movies are
  released on DVD in the $15-$20 price range and last year's biggest
  blockbuster DVD releases (the first "Lord of the Rings" movie and the first
  "Harry Potter" film both sold for around $15-$17 the week of their release.
  It's fairly rare for a new single-disc movie to cost $30. 


#26 of 163 by keesan on Mon Jan 13 19:46:46 2003:

Is this 'less' than the cost of a CD?


#27 of 163 by jazz on Mon Jan 13 20:48:19 2003:

        Moreover, it's not uncommon to see a movie, months after release and
the initial buying sprees have died down, to be released for $10 or $20 less
than it was originally.  Not so with CDs.  A few are released for less, and
usually it's not significantly less, by the publishers.


#28 of 163 by gull on Mon Jan 13 21:37:38 2003:

CDs and movies bottom out at about the same prices.  Bargain-bin CDs,
ones that are on the verge of going out of print for lack of demand,
tend to cost around $10.


#29 of 163 by mynxcat on Mon Jan 13 22:22:27 2003:

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#30 of 163 by slynne on Mon Jan 13 22:25:57 2003:

Heck you can get the *real* bargain bin cds for .99-3.99 at Big Lots. 


#31 of 163 by krj on Tue Jan 14 18:36:39 2003:

http://www.washingtonpost.com/wp-dyn/articles/A51958-2003Jan13.html
"Entertainment, Tech Firms Reach Truce on Digital Piracy"

*Some* tech firms -- most notably Dell, Intel and Microsoft -- and 
*some* parts of the copyright industry -- most notably the RIAA --
claim to have reached agreement on Something on copyright issues.
 
There are as yet absolutely no details on what that Something is.
 
Notably absent from the agreement are the Consumer Electronics Association
from the hardware side, and the MPAA (movie trade group) from the 
copyright side.


#32 of 163 by krj on Thu Jan 16 08:03:26 2003:

The agreement is widely reported in Wednesday media.  Essentially
the parties agree to play nice together.  The RIAA agrees not to 
push for government technology mandates; the tech industry agrees
to stop promoting copying, which I guess means an end to those
Intel Inside! ads showing young people with homemade CDs.
 
A number of observers report that this shows a split between
the RIAA and the MPAA, with the movie industry sticking to its
demand for the Hollings bill or something like it to mandate copy
controls in all digital devices which could conceivably access
copyrighted content.  
 
-------

The forces of Truth and Justice lost as the Supreme Court rejected
the arguments of the plaintiffs in the Eldred case.  By a 7-2
margin, the Court ruled that while the Sonny Bono Copyright Extension
Act was probably bad policy, it was within Congress's power to pass
such a law.
 
-------

Finally, here is a Canadian story on the music industry situation 
in our northern neighbor.  Two interesting differences in the 
Canadian story, compared to the American version:
 
1)  The CD sales decline in Canada has been much sharper, with a 
    17% decline in 2002, and a 25% decline over three years.
    That's about twice as bad as the drop in USA sales.

2)  Lots of space is devoted to the "copyright tax" which Canada 
    levies on blank media and some digital equipment.

From Toronto's Globe and Mail:

http://www.globetechnology.com/servlet/ArticleNews/gtnews/TGAM/20030115/RVM
USI


#33 of 163 by gull on Fri Jan 17 02:56:59 2003:

So copyright isn't for a 'limited time' after all.


#34 of 163 by mcnally on Fri Jan 17 03:22:39 2003:

  Sure it is.  It's "limited" to however long brodcast media conglomerates
  can keep buying votes from legislators.  Heck, I expect the Mouse to be 
  liberated any day now..


#35 of 163 by other on Fri Jan 17 08:10:29 2003:

You mean "any 20 years now."


#36 of 163 by dbratman on Sat Jan 18 00:21:47 2003:

Somewhere I read a pro-Mouse person saying that their idea of an ideal 
copyright term would be "infinity minus one day."  That's still 
a "limited term," you see.

I am tickled by Lawrence Lessig's observation that the first Mickey 
Mouse cartoon was an unauthorized takeoff on a Buster Keaton film that 
was released _earlier the same year_.  Try doing that to a Disney film 
these days and see how fast your empire grows, says Lessig.


#37 of 163 by mcnally on Sat Jan 18 00:42:09 2003:

  "infinity - 1" isn't finite, but I have no doubt that it would nearly
  satisfy the copyright lobby.


#38 of 163 by gull on Sat Jan 18 01:31:08 2003:

The next copyright bill will probably set the length of copyright at maxint
years.


#39 of 163 by mcnally on Sat Jan 18 02:08:22 2003:

  At least it will be "for a limited time".

  Out of curiosity, does anyone understand the implications of the US
  unilaterally extending copyright terms?  The previous extensions probably
  haven't been an issue with our Berne Treaty partners because I think they
  just brought the U.S. into line with what most of the others were doing
  but what happens if the U.S. decides to keep extending and Europe does not?


#40 of 163 by other on Sat Jan 18 07:14:01 2003:

Economic santions against the EU until they comply.  And guerilla market 
tactics by the copyright holders to undermine the value and accessibility 
of 'unauthorized copies' of the affected works, naturally.


#41 of 163 by other on Sat Jan 18 07:14:27 2003:

sanction...  /cnat


#42 of 163 by tsty on Sat Jan 18 11:35:21 2003:

the european copyrights were not extended ... LOTS of greate stuff
hitting right now.  i thnk it was a pavoratti story about the legit
distributor outright *buying* the bootleg company for total control
of pavoratti recordings.


#43 of 163 by remmers on Sat Jan 18 12:18:08 2003:

The Disney organziation has benefitted greatly from the public domain
("Snow White", "Cinderella", "Hunchback of Notre Dame", etc. etc.) and
appears not to want to give anything back, ever.  Disgusting.


#44 of 163 by russ on Sat Jan 18 15:21:33 2003:

The New York Times just had a piece on disparities in copyright terms.
In much of Europe, the term is still 50 years.  A whole bunch of Maria
Callas music is now in the public domain there, and the availability
of (bad) copies of old releases has prompted the owners to re-release
the good stuff.


#45 of 163 by polytarp on Sat Jan 18 15:31:30 2003:

I support removing all copyright  BULL SHIT!

SUPPORT NAPSTER & CRONIES ET AL.


#46 of 163 by gull on Sat Jan 18 20:03:34 2003:

The trend seems to be towards encrypting content so that even once it
has fallen into public domain, actually copying it will be either
illegal or impossible.


#47 of 163 by gull on Sun Jan 19 00:50:59 2003:

Music Exec: ISPs Must Pay Up for Music-Swapping
http://story.news.yahoo.com/news?tmpl=story&ncid=582&e=3&cid=582&u=/nm/2003
0118/
wr_nm/tech_internet_music_dc

The RIAA is pushing for a fee to be imposed on ISPs to compensate record
companies for music piracy.  They may actually get it -- after all, they
successfully got fees on blank cassettes and audio CD blanks.

I think this is stupid, but I didn't really think that ISPs would get
away forever with using music file swapping as a selling point for
broadband.


#48 of 163 by gull on Sun Jan 19 01:56:51 2003:

Here's another weird DMCA suit, from the latest RISKS digest:

Date: Wed, 15 Jan 2003 18:48:21 -0800
Subject: DMCA v garage door openers
>From: Fred von Lohmann EFF <fred@eff.org>
To: Declan McCullagh <declan@well.com>

In the latest bit of DMCA lunacy, copyright guru David Nimmer turned me
onto a case that his firm is defending, where a garage door opener
company (The Chamberlain Group) has leveled a DMCA claim (among other
claims) against the maker of universal garage door remotes (Skylink). 
Yet another case where the anti-circumvention provisions of the DMCA are
being used to impede legitimate competition, similar to the Lexmark
case. Not, I think, what Congress had in mind when enacting the DMCA.

The Complaint:
http://www.eff.org/IP/DMCA/20030113_chamberlain_v_skylink_complaint.pdf

The Amended Complaint:
http://www.eff.org/IP/DMCA/20030114_chamberlain_v_skylink_amd_complaint.pdf

The Summary Judgment Motion:
http://www.eff.org/IP/DMCA/20030113_chamerlain_v_skylink_motion.pdf

Attorneys for Skylink are (both at the Orange County offices of Irell
& Manella, a large law firm):
  "Nobles, Kimberley" <KNobles@irell.com>
  "Greene, Andra" <AGreene@irell.com>

Fred von Lohmann, Senior Intellectual Property Attorney,
Electronic Frontier Foundation fred@eff.org  +1 (415) 436-9333 x123


#49 of 163 by polytarp on Sun Jan 19 02:07:08 2003:

fag.


#50 of 163 by russ on Sun Jan 19 02:21:36 2003:

Copying the content assumes that the media have survived long
enough for the material to become public-domain.  For CDs and DVDs,
this is very iffy.


#51 of 163 by polytarp on Sun Jan 19 02:23:34 2003:

fag.


#52 of 163 by es87 on Sun Jan 19 16:54:45 2003:

qweer


#53 of 163 by krj on Wed Jan 22 03:02:55 2003:

In one of the music industry's biggest legal wins to date, a federal
judge has ruled that copyright holders can use the expedited subpoena
powers of the Digital Millenium Copyright Act to compel ISPs to 
disclose the subscriber ID associated with a given IP address when
the copyright holder has observed that IP address
offering copyrighted files on a peer-to-peer service, such as Kazaa.
 
No judicial review is required of such expedited subpoenas.

The DMCA procedures clearly applied in cases where the suspected
copyright infringement resided on a web server at the ISP's office;
 
The case turned on whether the DMCA applies to ISPs in their role 
passing through files which resided on subscribers' own computers.

It would appear that, at a minimum, many thousands of P2P users will
shortly be getting direct communications from the RIAA.

This was the "RIAA vs. Verizon" case.

http://www.wired.com/news/digiwood/0,1412,57330,00.html


#54 of 163 by gull on Wed Jan 22 14:37:05 2003:

The prosecution in the Norwegian DeCSS case has decided to seek an
appeal of Jon Johansen's aquittal.

http://online.securityfocus.com/news/2102


#55 of 163 by krj on Thu Jan 23 15:36:34 2003:

resp:53 ::  I want to paste in two quotes about the privacy implications
of the RIAA/Verizon ruling.   The first is from a Washington Post 
online dicussion with intellectual property attorney Megan Gray, who 
filed friend-of-the-court briefs in the case on behalf of the 
Electronic Frontier Foundation and similar groups.  She describes the 
mechanism the court has upheld:

   "The burden of proof ((to get a DMCA subpoena)) is zero.
    All RIAA or any purported copyright holder needs to do is submit
    a signed letter saying  (1)  I am a copyright owner in [insert name
    of copyrighted work];  (2)  The material at [insert description]
    infringes my copyright;  (3) I swear under penalty of perjury
    that the purpose that I am submitting this paper is to get the 
    identity of an alleged infringer and I will use that information
    only to protect my copyrights.   The purported copyright holder
    submits this signed letter to a court clerk -- no judge or lawyer
    at the court reviews this document, ever.  Under the DMCA, the court
    clerk is *required* to approve the letter and issue a subpoena."
 
http://discuss.washingtonpost.com/wp-srv/zforum/03/sp_technews_gray012203.h
tm

Salon runs an AP story which quotes Verizon's counsel Sarah Deutsch:
 
   "The case clearly allows anyone who claims to be a copyright holder
    to make an allegation of copyright infringement to gain complete 
    access to private subscriber information without protections 
    afforded by the courts."

http://www.salon.com/tech/wire/2003/01/21/verizon/index.html
http://www.cdfreaks.com/news2.php3?ID=5565

----------

Recall that this case was not about whether Verizon could be forced to 
disclose the subscriber information; rather it was about whether Verizon
could be forced to disclose it without judicial review.   In the matter
of uncovering the identity of Internet users, Congress and courts have 
now delegated the subpoena power to any private party who wishes to grab it
and is willing to run the trivial legal risk of signing a false statement.


#56 of 163 by russ on Fri Jan 24 01:29:05 2003:

Re #55:  Interesting.  If your records are turned over pursuant to
a subpoena, do you at least get informed so that you can sue?

I can see a new application:  the VPN-tunnel between computers
so that a person can act as an anonymizing proxy for others.
The proxy works for http, P2P services, and a bunch of other
things.  This way, neither the ISP nor the RIAA can know who
the requests are coming from, or where the data are actually
stored; neither a subpoena nor a search following it yields
anything useful, especially if the proxy keeps no logs.

Slashdot today has a story about the imminent collapse of the
record labels.


#57 of 163 by gull on Fri Jan 24 14:06:15 2003:

Re #56: I know there were various groups working on anonymous file
sharing software of some sort, but I haven't heard anything about them
lately.  In the one I vaguely recall hearing about, the design was
distributed in the extreme -- files were spread across systems, and
connections were forwarded around the network so that you couldn't know
where the various chunks had come from.  The on-disk storage was also
encrypted so that any particular user had no way of knowing what files
were stored on thier system.  (Plausible deniability, of a sort.) 
Interesting stuff.


#58 of 163 by mcnally on Fri Jan 24 15:58:55 2003:

  Sounds great from a technical standpoint, but given the current reality
  that mere possession of certain kinds of information (specifically child
  pornography) is a felony with jail time and ruin-your-life potential,
  I'm not so sure that I want to participate in a system where I've got
  "no way of knowing what files [are] stored on [my] system," plausible
  deniability or no..


#59 of 163 by hash on Fri Jan 24 19:35:08 2003:

this may have been mentioned, but I think it's funny that Disney is trying
so hard to keep pushing out the length of copyright, when they've made
billions off of things in the public domain. 


#60 of 163 by remmers on Fri Jan 24 21:45:53 2003:

(I mentioned it in resp:43.  The adjective I used was "disgusting".)


#61 of 163 by krj on Sat Jan 25 01:47:17 2003:

Russ's resp:56 refers to the polemic from Charles C. Mann, who has been 
writing about copyright issues & the music industry at least since 
Napster appeared.  It's the cover story on the dead-tree issue of Wired
for February, and you can now read it at:

http://www.wired.com/wired/archive/11.02/
 
Mann frames his piece with an account of his last chat with Timothy 
White, the editor of Billboard Magazine who died suddenly last year.
According to Mann, White was predicting the collapse of the whole 
music biz.  The article does make the observation that the recording
industry needs friends, lots of them, to tackle each of its big problems,
and it doesn't have many friends -- it is resented by its talent, its 
its customers, its retailers and its co-business people in the hardware 
industry in a way that might be unique.
 
Two amusing quotes:
  "Why, when most industries are using technology to slash costs, is 
   Michael Jackson running up $30 million in studio bills?  Or, rather,
   why is Sony Music letting him?"

  "Ultimately, Timothy ((White)) suggested to me that night, the 
   industry as we know it could vanish not so much because of technology
   but because few people over the age of 30 would care if it did."

---------

Might as well stick in some more dark gloom pieces.  The Boston Herald
runs a piece with a local focus where the music biz complains more about 
CD burners than about online file sharing -- oops, that piece from 
last Friday has gone into the for-pay archive.    Two quotes:

After discussing the widely shared view that most current releases 
aren't very good:  "Or as one major label executive said in a recent
issue of Billboard, 'The storm might pass more quickly if someone 
would make a decent record.'
 
Also:  "One other cultural factor that must be pointed out is the 
decreasing importance of music as the generation-defining cultural
touchstone," followed up with a couple of retailers and students 
offering quotes suggesting that music is not the all-consuming 
passion that it was for many of us 15-25 years ago.
 
---------

And for doom, you can't get much better than Norman Lebrecht, author of 
"Who Killed Classical Music?"  In a November column, Lebrecht kicks 
around the rubble of the classical music recording industry which 
he already thinks is dead.
 
   http://www.scena.org/columns/lebrecht/021127-NL-dilemma.html

Lebrecht points out that in two of the remaining "success" stories
in classical music, the recording artists aren't getting much more 
than beer money.  Naxos, the very successful budget label, pays its
artists a flat $1000 with no further royalties.

And, for the widely reported venture where the London Symphony started
releasing its own discs:  the orchestra divvied up the profits among
the musicians, and each musician made only about 100 UK Pounds ($150)
for all the dozen albums the LSO issued -- that's just a little more 
than US $10 per album recorded.



#62 of 163 by mcnally on Sat Jan 25 06:40:52 2003:

  Ironically, the US $10 / album each musician earned wouldn't even pay
  for them to buy a retail copy of the music they'd performed.


#63 of 163 by keesan on Sat Jan 25 19:56:07 2003:

Couldn't they borrow a copy from a friend and burn a CD from it?


#64 of 163 by anderyn on Sat Jan 25 22:40:17 2003:

Errr, Sindi, that's not the point -- the musicians should have been able to
be paid more for that much work.


#65 of 163 by tonster on Sun Jan 26 01:06:36 2003:

they can be.  the studios and record labels need to be paid much less,
and the RIAA needs to be paid nothing.


#66 of 163 by gull on Sun Jan 26 01:18:34 2003:

Re #58: True.  I wonder, if the file were striped RAID-style across a
bunch of systems, so no one person actually had a useful file by
themselves, if that'd still  be prosecutable.


#67 of 163 by krj on Sun Jan 26 07:13:31 2003:

I think Sindi is making a joke in resp:63.
 
Twila and Tony in resp:64 and resp:65 ::  Lebrecht's argument is that
it  is unclear how the artists *can* get paid any more in "serious"  classical
music recording.  The major labels can no longer make money  off of their
classical artists; the major labels are cancelling the contracts of almost all
their classical artists, except for  a handful of stars like Cecilia Bartoli.  


#68 of 163 by anderyn on Mon Jan 27 01:11:50 2003:

I simply wonder if there's a way for musicians (particularly classical ones)
to be paid what their art is worth without dealing with labels making money.


#69 of 163 by russ on Mon Jan 27 03:19:58 2003:

Re #58:  That would be a reason to run either a proxy node or
a storage node, but not both.  Helping other people hide without
any knowledge of what you're hiding or transferring is unlikely
to do more than make the authorities terribly grumpy; what could
they do?


#70 of 163 by mcnally on Mon Jan 27 08:58:43 2003:

  re #69:
  > Helping other people hide without any knowledge of what you're
  > hiding or transferring is unlikely to do more than make the
  > authorities terribly grumpy; what could they do?

  So long as the answer to that question remains unknown and the worst-case
  scenario is sufficiently fearful, I suspect there will be few takers to
  participate in such a scheme -- that's the nefarious nature of a chilling
  effect.


#71 of 163 by cmcgee on Mon Jan 27 12:38:47 2003:

Accessory after the fact. You can be tried for murder in Texas if you
simply start a riot in which someone is killed.  Conspiracy. 

What can they do?  Lots.



#72 of 163 by scott on Mon Jan 27 14:05:46 2003:

They can already take your computer on fairly loose charges, and if the info
is "encrypted" that's more incentive to pretty much destroy your data (and
deprive you of your computer for months) while deciding if they want to press
charges or not.


#73 of 163 by russ on Tue Jan 28 05:23:59 2003:

Re #72:  You're using an incorrect premise.  People running
proxy nodes *would not have any data*; all they would do is
decrypt and forward requests, and encrypt and forward responses.
The purpose of the proxies is to anonymize the traffic.  There
might be more than one level of indirection.  People trying to
find the data would have to follow proxy connections which
change from day to day, or even minute to minute.

AFAIK, there is no law, regulation or precedent which says that
you're committing a crime for refusing to leave your name and
address everywhere you go, or helping someone else to do the
same.  This is more or less analogous.

And on the funny side:

http://www.chron.com/content/chronicle/comics/archive/showComic.hts?date=20
03/1/27&name=Fox_Trot&quality=g


#74 of 163 by scott on Tue Jan 28 14:05:38 2003:

Re 73:  You're assuming we have sufficiently intelligent law enforcement which
will not just go on periodic witchhunts.


#75 of 163 by gull on Tue Jan 28 15:03:31 2003:

I wonder if an open, anonymous proxy could be considered an "attractive
nuisance" for legal purposes?  At very least I suspect anyone running such a
thing would quickly find themselves forwarding vast quantities of spam.


#76 of 163 by mcnally on Tue Jan 28 17:07:37 2003:

  re #75: 

  > At very least I suspect anyone running such a thing would quickly
  > find themselves forwarding vast quantities of spam.

  This isn't a mail proxy we're talking about, it's a file service proxy.
  I suppose it could still be used to inflict spam on people, but not in
  the same way.

  My guess is that if this sort of service became popular enough to be
  useful it would be quickly be outlawed on the pretext of protecting us
  from child pornography and no lawmaker would dare to vote against the
  legislation..


#77 of 163 by russ on Wed Jan 29 02:58:24 2003:

Re #74:  No, I'm assuming that a siezure without probable cause will
be struck down by the courts, and police agencies won't do that more
than once in a given milieu.

Re #75:  Anonymous remailers stayed up for some time after spam
became a problem.  So have many anonymizing http proxies.  One 
could always require "hash cash" or the like to prevent abuses.

Re #76:  Since such proxies have many lawful uses (such as merely
being able to research privately, without leaving traces in the
http logs of competitors), I doubt the courts would uphold a ban.


#78 of 163 by goose on Wed Jan 29 05:00:35 2003:

Didn't anon.penet.fi (?) meet a legal demise?


#79 of 163 by mcnally on Wed Jan 29 12:13:38 2003:

 re #77: 
 >  Since such proxies have many lawful uses (such as merely
 >  being able to research privately, without leaving traces in the
 >  http logs of competitors), I doubt the courts would uphold a ban.

 While it's possible that the courts will side with you, I'll stick to
 my prediction that if such networks ever become popular the kiddie-porn
 scare factor will be used as an excuse to either outlaw them outright
 or burden them with enough legal hazards that no responsible person
 (under U.S. jurisdiction, at least) will be willing to act as a host.



#80 of 163 by russ on Wed Jan 29 23:06:38 2003:

Re #78:  anon.penet.fi wasn't completely anonymous; it assigned
pseudonyms to people who used it, so that replies could be forwarded.
The Co$ demanded (and got) the user list.  However, *real* anonymous
remailers keep no such lists, and I was reading about such remailers
until a couple of years ago (I haven't looked for them recently, so
they've fallen below my radar).  Size limits probably prevent such
from being used for things like dirty pictures, and frequent log
purges (like cryptome.org) mean that little remains to be analyzed.

Re #79:  Hasn't even touched KaZaa as a network (let alone Gnutella),
so I doubt that too.  People who host illegal (as opposed to
infringing) materials are just stupid.

Slashdot had a piece today on a P2P network for delivery of content
from overly-popular (e.g. Slashdotted) websites.  That's one more
thing that a court would have to consider legitimate.


#81 of 163 by krj on Thu Jan 30 15:44:49 2003:

More published rumblings suggesting that prosecutions for peer-to-peer 
filesharing users are looming.   The last such rumblings promised 
prosecutions last year; my own feeling is that the Feds have enough 
on their plate, with the FBI closing numerous scattered office to 
try to gather manpower to use against suspected terrorists. 
 
Declan McCullagh writes about the possibility that someone is going
to "win" the prosecution lottery.  He writes that the No Electronic
Theft act has yet to be used against file-sharers, despite the fact
that it was crafted for precisely this sort of situation.
Declan cites just two convictions under this act so far, both 
for posting software or movies to web sites.  He says the copyright 
industry is continuing to increase pressure on the government to 
prosecute some people.
 
   "The New Jailbird Jingle"
   http://news.com.com/2010-1071-982121.html

Business Week writes about the threat of such prosecutions.
They point out that it would really piss off a lot of consumers.

   http://www.businessweek.com/bwdaily/dnflash/jan2003/nf20030127_9897.htm

Finally, a short detour into paranoid speculation land.  
Hilary Rosen, the departing RIAA leader and spokesperson, was a 
favorite target for vilification over the last three years.  Press reports
say she did not expect this and was hurt by it, since business lobbyists 
are usually invisible and the Napster war had not erupted when Rosen took
the RIAA job.

Some of the profiles written on Rosen's departure paint
her as a moderate, trying to drag her employers, the major music companies,
into the Internet Age.  So here's my paranoid speculation: Did Rosen 
quit now because she knew prosecutions were coming up fast, and she 
didn't want to be at the center of the firestorm?



#82 of 163 by polygon on Thu Jan 30 19:46:45 2003:

Really nice page at Project Gutenberg which explains the details of
what copyrights have expired, or not:

http://promo.net/pg/vol/pd.html

One piece of good news from my personal standpoint: anything published
WITHOUT ANY COPYRIGHT NOTICE before March 1, 1989 (in the U.S., before or
without any foreign publication) is public domain. 

In other words, legislative manuals from 1923 to 1988 with no copyright
notice (like West Virginia's and probably some others) can legally be
mined for pictures to scan and publish online.


#83 of 163 by other on Thu Jan 30 22:13:54 2003:

As can M-net user postings before 1 March 1989...  Hmmm.  bet that would piss
off a few people...


#84 of 163 by remmers on Fri Jan 31 01:56:42 2003:

I put copyright notices on some of mine...


#85 of 163 by other on Fri Jan 31 03:49:28 2003:

Well, it was specified that only those items lacking copyright notices were
affected.


#86 of 163 by krj on Sun Feb 2 17:11:31 2003:

Items from today's tour of music/p2p news portals:
 
http://www.latimes.com/business/la-fi-verizon31jan31001451,0,4320674.story?
coll=la-headlines-business
"Verizon Made Offer to Name Some Names"
 
The LA Times reports that Verizon made a settlement offer to the RIAA,
which is suing it for express access to customer information.  
Verizon offered to cooperate with a limited number of customer ID 
requests; "the RIAA proposed an electronic way to speed the identification
of subpoenaed customers," which suggests to me that the RIAA wants 
direct access to the Verizon customer data base.
 
The RIAA rejected any limits on the number of DMCA subpoenas it would
send Verizon, so Verizon is now appealing the trial court ruling 
against it.   The point of the article is that Verizon is standing 
on issues of costs, not issues of principle.


#87 of 163 by krj on Sun Feb 2 18:13:40 2003:

Salon runs an essay by a board member of NARAS, the National Association
of Recording Arts and Sciences, the organization which gives out the 
Grammy Awards.   The author, John Snyder, is president of a small
record label I have never heard of before, and the intro says he 
has been nominated for a Grammy Award 32 times.
 
http://www.salon.com/tech/feature/2003/02/01/file_trading_manifesto/?x
"Embrace File Sharing or Die"

This is a long essay which was written to convince the NARAS board that
it needs to stop supporting the RIAA positions on file sharing.
Much of this will be familiar from this series of web log items.
 
From the introduction:
   "The statistic discussed in the December meeting that there were 3 billion
downloads the previous month shows that the law is goign to have to be 
changed, unless you take the position that downloaded music is stealing
and THEREBY CRIMINALIZE THE SOCIETY ((emphasis KRJ)).  But how can 
50 million people (over 200 million worldwide) be wrong?"

from the middle...
   "Why is it that record companies pay dearly for radio play and 
fight Internet play? ... If we look at the Internet as analogous 
to radio, the problem becomes one of performance rights, not one of
unlawful exploitation of intellectual property."

   "If your music is not being downloaded, then you're in trouble.
If you can't give it away, you certainly can't sell it.  Daniel Bedingfeld
recently had a Top 3 song on the radio, with "Gotta Get Thru This."
However, his music was hardly available on any of the P2P networks.
His record lasted on the Billboard Top 200 for less than a month, even
though the single had been on radio playlists all over the country 
for several months."  The authors compare this with Eminem, whose 
2002 was both widely downloaded, and the top selling album of the year.
"This seems to indicated the opposite of what the RIAA would have yhou 
believe.  When people share MP3s, more music is sold, not less."

and from the Conclusion:
   "((The RIAA)) is leading us over a cliff.  The RIAA has staked out a
position that is as unrealistic as it is anti-consumer and anti-artist.
Their interests and the interests of NARAS are not the same. ...
They cling unsuccessfully to the past rather than embrace the stunning 
opportunities offered by the future. ...  It is one thing to be unsuccessful,
it's one thing to argue a bad position, but it's quite another to be 
silly and laughed at, and that's where the RIAA has ended up.
They appear to be totally irrelevant except as bagmen."



#88 of 163 by mcnally on Sun Feb 2 20:36:07 2003:

He has an astonishingly good point regarding radio vs. internet "radio" play.


#89 of 163 by krj on Sun Feb 2 21:17:04 2003:

((I misspelled the name of the artist cited in resp:87; it's 
Daniel Bedingfield.  He's the guy who the Snyders say had radio chart 
action for  months, though his CD sank right off the Billboard 200.
The Snyders say you can hardly find his stuff on P2P networks.
 
I ran a Google search on him, and it looks like his major label 
gotten him stuffed into every music portal site they could find.
But press coverage is minimal, and there is no sign that he has
any fans....   So from here it looks like his record company bought
his radio exposure, but no listeners seem to give a hoot about him,
which is why his music isn't being traded, and why his CD sank rapidly
after release.))
 
((Of course sales aren't everything: Richard Thompson's 1971 debut
solo album was cited as the lowest selling release in the history
of his record company...))


#90 of 163 by dbratman on Sun Feb 2 21:34:15 2003:

So I take it that Bedingfield is invisible, not because the record 
companies have successfully stomped out file trading of his songs, but 
because nobody actually likes his music?  Is his top-10 status a purely 
artificial creation, then?


#91 of 163 by mcnally on Sun Feb 2 22:21:33 2003:

  That's the contention..  It's almost certainly possible to buy your way
  to the top of the singles charts these days, though it takes a very large
  amount of money to do so..


#92 of 163 by cyklone on Sun Feb 2 23:06:12 2003:

Yup, the radio promo business, which was the focus of periodic payola
scandals, is still alive and well.


#93 of 163 by krj on Fri Feb 7 05:24:28 2003:

It looks like the copyright holders have ratcheted up the legal
arm-twisting on IRC networks.  DALnet (the IRC network where I 
used to hang out in #ecto and #indigo-girls) has announced that 
it will start squashing channels whose primary purpose is to 
facilitate file trading.

The DALnet news coverage didn't say anything about what motivated
DALnet's new policy.  Slashdot points to a statement from 
irc-chat.net (a network I haven't heard of) which says that
(krj's interpretation) after serious legal threats from the MPAA, 
the network operators will now comply with expedited DMCA subpoenas
and hand over contact info on IRC users to the copyright holders. 

   http://chat.irc-chat.net/modules.php?name=News&file=article&sid=26

The timing makes me guess that the MPAA is citing the Verizon
ruling as precedent when it approaches the IRC network operators.


#94 of 163 by tpryan on Sat Feb 8 03:16:07 2003:

        50 smackers a weekly to ride Clyde Ankle really heavy
would be downright cheap these days.


#95 of 163 by krj on Tue Feb 18 18:12:55 2003:

The RIAA and MPAA are making threatening noises towards large corporations
 -- specifically the Fortune 1000.  They have sent a mailing warning
corporations of their legal liabilities if the corporations do not
suppress the use and trading of unauthorized copies of songs and 
movies on their computers and networks,
and they are suggesting that the corporations begin auditing staff 
computers and disciplining employees.    The unspoken threat is that
corporations which do not adopt such policies will face whopping 
copyright infringement suits.
 
This story was widely reported, here's a few links:

http://www.billboard.com/billboard/daily/article_display.jsp?vnu_content_id
=1817612
http://news.com.com/2100-1023-984548.html

-----

Meanwhile, in Australia, the music industry has moved to direct action 
against two students who appear to have had a web page offering MP3
files, and the industry is in court demanding access to the students'
email accounts as evidence.
 
http://news.ninemsn.com.au/Sci_Tech/story_46014.asp



#96 of 163 by krj on Thu Feb 20 18:15:11 2003:

Couple of stories I wanted to dump in, but I'm sort of pressed for 
time.
 
Music publishers sue Bertelsmann, one of the big five labels, 
for some of the copyright infringements of Napster users.
The publishers claim that Bertelsmann's investment & flirtation
with Napster propped up the venture and made the injuries to the 
songwriters & publishers worse.
 
An unconfirmed report says the suit is asking for $17 billion-with-a-b.
 
http://news.com.com/2100-1023-985285.html?tag=lh
 
----------

Here's two stories on Universities involved in attempts to throttle 
P2P filesharing.  In the current budget climate, universities cannot
get more money for more bandwidth, and the file sharing applications
eat all available bandwidth on well-connected sites. 

The first story is about a company called Audible Magic, who claim to 
be able to reassemble a file from the packets at the router level,
compare it against a database of "audio fingerprints", and block
the exchange of selected files.  The article points out that 
the computational demands of a broad-based block would be immense,
and the system could be defeated by minimal encryption -- uuencode and 
rot13, anyone?  University of Wyoming is dabbling in this.
 
http://news.com.com/2100-1023-985027.html?tag=cd_mh
 
The second story is a non-technical story about a claim that 
Kansas State has a home-grown application which is squashing
students' use of file-trading systems.  The claim is that their 
system is so effective that it has slashed the number of DMCA complaints
the school is receiving from copyright holders.
 
http://www.p2pnet.net/feb03/kansas.html


#97 of 163 by krj on Fri Feb 21 05:45:21 2003:

I had thought this was a mis-reporting of the case against two
Australian students which I cited in resp:95 :: however, the 
followup discussion on Slashdot indicates that no, the 
story is written correctly. 
 
http://www.smh.com.au/articles/2003/02/18/1045330603596.html
 
"Recording companies have asked the Federal Court to allow 
their computer experts to scan all computers at the 
University of Melbourne for sound files and email accounts, so
they can gather evidence of claimed widespread breaches of 
copyright."
 
In the followup discussion, an employee of another Australian
computer reported that their machine was scanned as part 
of a dragnet for MP3 files.


#98 of 163 by jor on Sun Feb 23 01:31:14 2003:

        "dragnet"


#99 of 163 by krj on Mon Feb 24 07:42:25 2003:

This isn't attributed to a verifiable industry source, but it's
the first printed report I've seen on CD sales so far in 2003:
down 14.5% for the year-to-date so far compared with last year's
sales.   If that number is accurate, it says that the falloff 
in CD sales is accelerating.

The source is the Seattle Times Grammy awards preview:

http://seattletimes.nwsource.com/html/artsentertainment/134638870_grammys23
.html


#100 of 163 by anderyn on Mon Feb 24 15:08:53 2003:



#101 of 163 by russ on Mon Feb 24 22:33:17 2003:

One hopes that the decline is largely the likes of NSync and Britney.
It might prompt the business to find some good music for a change.


#102 of 163 by jaklumen on Tue Feb 25 03:52:19 2003:

Oh, good grief-- you've really got to get over yourself.  Those acts 
are following established formulas than have been around since at 
least the 1950's.  What's equally true is those same formulas appeal 
to kids and seem to aggravate adults.  I think Ken was on to something 
in the "Geezer Rock" item: no matter how youthful the boomers think 
they are, they're bound to follow similar paths as their folks.

I laugh when I hear folks disparage the Britneys, Christinas, and 
other R&B-influenced pop acts out there.  It may be true that their 
voices could use a bit more room for refinement.. but, listen to the 
wannabes out there.  I catch American Idol occasionally, or listen to 
some chick off the street (on the radio, out and about, whatever) and 
I find many sadly lacking.  So many people trying to duplicate the 
vocal gymnastics of these performers without accomplishing the 
basics.  Breathy, whiny.. no diaphragm support, no intonation (off-
kay).. you get the idea.

I've studied voice a bit.  It is so less tangible than instrumental 
study; you've just got to try things out.  It helps to have a tonal 
memory (remember how things sound/like of like a memory tape 
recorder).  A personal voice coach is invaluable.

Come now, do you really want Madonna ruling the airwaves again?


#103 of 163 by dbratman on Tue Feb 25 07:21:32 2003:

More campus news, not exactly music but certainly appropriate - 
Stanford's on-campus video rental store is closing down.  So many 
students own DVDs now, informal lending among them is so high, and 
they're so easy to rip and burn copies of - seniors report a complete 
change from when they were freshmen - that the video store is obsolete.

Not being plugged into the student trading market, and having 
absolutely no patience (or bandwidth) for online downloading, I wonder 
how I'll see movies at home if rental outlets continue to disappear.


#104 of 163 by mcnally on Tue Feb 25 08:11:57 2003:

  > and [DVDs are] so easy to rip and burn copies of

  they are?


#105 of 163 by keesan on Tue Feb 25 14:25:46 2003:

I thought it was fairly easy to copy a video casette.  Maybe the students are
just so rich now that they are all buying their movies instead of renting.


#106 of 163 by goose on Tue Feb 25 15:03:15 2003:

RE#104 - Yeah.


#107 of 163 by slynne on Tue Feb 25 17:07:41 2003:

I know that I buy DVD's used from the video store with the intention of 
lending them to lots of people. It is much cheaper than renting movie 
plus one doesnt have the hassle of returning the things. 


#108 of 163 by mcnally on Tue Feb 25 18:28:04 2003:

  re #106:  the grocery store a few blocks from my house rents DVDs for 
  $0.79 during the week (Monday through Thursday nights.)  If I'm looking
  for something a little less mainstream than their selection, I can find
  it for at most $3.00 at a full-service video store.  Considering the 
  cost of blank DVDs I just can't imagine that it's cheaper and/or easier
  for students to copy them than to rent them. 

  Even if we're talking about not fully duplicating the DVD but just
  swapping a lower-quality video encoded as, say, DIVX, I still find it
  hard to believe that finding and downloading a full-length film on the
  Internet is easier and cheaper than renting it at a nearby video store
  unless the person doing this places no dollar value on their free time.


#109 of 163 by jmsaul on Tue Feb 25 18:31:58 2003:

Videotapes were really easy to copy too.  Weird.


#110 of 163 by gull on Tue Feb 25 21:09:25 2003:

Videotapes were time-consuming to copy, though, and once you were done you
couldn't use your copy to give someone else a copy without serious quality
problems.

I suspect that what's happened is all the DVDs on in the on-campus video
store have become avaliable as DIVX files on the campus LAN.  A trip around
Michigan Tech's LAN with Network Neighborhood would net you all kinds of
audio and video files while I was there, and that was a couple years ago. 
I'm sure the selection has only gotten bigger since then.

I'm reminded of a friend of mine who joked that he was doing Blockbuster a
service by making off-site backups of all their Playstation games. ;)


#111 of 163 by russ on Tue Feb 25 22:57:06 2003:

Re #102:  Ah, yes.  "Established formulas", indeed.  Perhaps it's
time to recognize that the formulaic approach makes lousy music
more often than not, and try to make better music?  Ars gratia
artis, and all that.

Apparently, at least one of the satellite radio outfits has
recognized that musicians give tribute to the best of their
own, and has set up a channel of music that musicians listen to.
I doubt that Madonna will get played there; I know NSync won't.


#112 of 163 by krj on Wed Feb 26 05:27:09 2003:

USA Today has a puff piece on the Rhapsody authorized download
service.  It includes some customer numbers on the major 
authorized services:
 
  "Sony and Universal's Pressplay, and Rhapsody, have about 50,000
   subscribers each, and MusicNet, owned by Warner, EMI and BMG Music,
   has 10,000, says Phil Leigh of research firm Raymond James.
   The numbers are low, he says, because few people are aware of 
   paid alternatives to pirate swap sites.
 
  "That could change Wednesday, when a revamped MusicNet will 
   be launched on America Online and marketed to its 35 million
   members..."    ((most of whom still use dialups  -- KRJ))
 
http://www.usatoday.com/life/2003-02-25-rhapsody_x.htm
 
Also widely reported is that Roxio (the makers of Easy CD Creator)
are planning to relaunch the Napster brand as an authorized pay
download site later this year.   The business plan, from one of
the stories I read, seems to be depend on the courts killing 
Kazaa; they realize that selling downloads will be tough while 
free ones are used by millions.  (But killing Kazaa is going to 
take years of international legislation.  And then there's 
Gnutella, and eDonkey, and heaven knows what else...)


#113 of 163 by gull on Wed Feb 26 14:37:49 2003:

From what I've heard, a big problem with the legal download sites is
that their catalogs of available songs are pretty small compared to the
illegal sites.  If you aren't offering what people want to buy, you're
not going to win them over.


#114 of 163 by krj on Wed Feb 26 21:31:14 2003:

From Declan McCullagh on Cnet:  A congressional committee calls for 
file sharing at Universities to be treated as a serious Federal 
crime.  (It is already defined as such under the NET act, which 
nobody seems to want to use to prosecute users, as the law is 
intended.)  One congressman makes an analogy to assault and murder.
 
The general demand is that the Universities stop their students from
running file sharing.
 
http://news.com.com/2100-1028-986143.html?tag=fd_top


#115 of 163 by jmsaul on Wed Feb 26 21:34:42 2003:

That's almost impossible, once the students figure out what's happening.

Some people have no perspective.


#116 of 163 by mcnally on Thu Feb 27 00:24:49 2003:

  Just wait until the "assault and murder" P2P clients are released and
  then we'll really see some legislative panic!


#117 of 163 by other on Thu Feb 27 00:28:44 2003:

Did someone cry Wolf?  Or was it "the sky is falling?"  it all sounds the 
same anymore...


#118 of 163 by gull on Thu Feb 27 00:43:27 2003:

I wonder if Congressmen have any idea of the technical challenges
involved.  Attempts to block instant messenging in corporate
environments are instructive -- they've merely resulted in instant
messaging clients that create network traffic that looks very much like
web browsing, to firewalls.


#119 of 163 by polygon on Fri Feb 28 04:28:36 2003:

Re 117.  From the perspective of the pop music world, the sky IS falling.
Not that it bothers me any.


#120 of 163 by krj on Sat Mar 1 15:50:09 2003:

Here's a fun new essay, from a print media guy's perspective, about
the reactions of the music and movie business in the face of the 
Internet driving the value of *all* media towards zero.
 
http://www.newyorkmetro.com/nymetro/news/media/columns/medialife/n_8384/ind
ex.html
"Stop, Thief!"  by Michael Wolff
 
   "For one thing, it is very strange to have entertainment executives--
    generally regarded as among the most amoral, conniving and venal 
    of all businessmen -- taking the high ground.  And yet here they are
    delivering heartfelt defenses of artists, and even art itself--they
    see the very essend of the nation's cultural patrimony at risk.
    And you really don't sense a phony or opportunistic note.  
    Rather these guys actually seem to be losing sleep over this.
    It's right and wrong they're arguing about here.  Good character
    versus a virtual barbarian deluge.  They believe, with feeling,
    that bad or sadly misguided people do this digital pilfering...
 
   "The other odd thing is that these guys who have built their careers
    and their industry on trying to give an audience exactly what it 
    wants -- no matter how low and valueless and embarrassing -- are 
    now standing with a high-church rectitude against the meretricious
    desires of this same group.  It is a bizarrely out-of-character
    role: holding the line.  Censuring the public.   *Suing* the public!
    Indeed, branding the great American mass-media audience as a 
    craven and outlaw group."
 
    ...
 
   "...*everybody* can't be an outlaw.  If everybody does it, it's 
    normal rather than aberrant behavior.  It's not so much the consumer
    who is on the wrong side of the law, but the entertainment industry
    that's on the wrong side of economic laws."


#121 of 163 by goose on Tue Mar 4 14:05:12 2003:

RE#118 -- Are corporate environments trying to squash IMs?  We view it
as "critical infrastructure" to quote my boss.  It's a great tool.


#122 of 163 by gull on Tue Mar 4 14:31:45 2003:

Some are.  We haven't tried, for the most part, where I work.  Some
places view it as either a major time-waster, or as a threat to
security.  Not only have many IM packages turned out to have significant
security holes, IM traffic is much harder to log than email.  That can
lead to legal exposures or risks of people leaking trade secrets undetected.


#123 of 163 by jaklumen on Wed Mar 5 01:20:19 2003:

I know Trillian, as a multi-user IM client, has an option to log 
conversations.  I know nothing about the programming involved, but 
even if it's harder, I suppose it may still be theoretically possible.

If security programs can currently log keystrokes entered on a 
machine, why not this?  (This is not a rhetorical question, I'm 
honestly listening.)


#124 of 163 by other on Wed Mar 5 01:34:52 2003:

Keystroke loggers do not discriminate.  Logging everything is more 
insecure than not logging important conversations.  Besides, a keystroke 
logger will only record the outgoing half of the conversation.


#125 of 163 by mdw on Thu Mar 6 00:06:50 2003:

It depends on how much authentication and encryption IM does.  If IM
used Diffie-Hellman, for instance, then without getting a copy of the
private key used at one end, there won't be any way to recover the
shared secret and decrypt whatever is protected using it.  If you can
install software on the client machine, instead of a keyboard log, you
might instead want to log all screen updates done by the IM client.  Of
course, if you want to search the text, depending on where you hook into
the graphics subsystem, you might have to do character recognition of
bitmapped graphics.


#126 of 163 by gull on Thu Mar 6 15:26:18 2003:

Are there any current IM clients that actually do encryption?  I thought
they were mostly using plaintext.


#127 of 163 by goose on Fri Mar 7 16:32:41 2003:

A quick Google shows that VeriSign and AOL are or were working on an encrypted
IM client.  and I see a news report from April 2001 reporting on Novell and
Mercury Prime(?) making encrypted IM clients..



#128 of 163 by goroke on Sat Mar 8 15:11:23 2003:

I'm entering this discussion late in the game, and haven't looked at any of
the earlier incarnations in some time, but I am surprised that the recording
industry isn't trying to take advantage of the positive aspects of
file-trading, rather than trying to kill it off altogether.  Using the radio
analogy, it seems to me that a workable solution would be to concentrate not
on the trading of files per se, but on the trading of high-quality stereo
files suitable for CD burning and avoidance of purchasing high-quality
commercial copies.  I don't know about the current service providers, but
Napster always claimed that they were providing users with the ability to "try
before you buy".  Not that I necessarily *believe* that, but if the industry
had called their bluff, and negotiated a deal whereby files could be traded
only if they were of sufficiently low quality (perhaps even requiring that
they be monaural) to make them unsuitable for CD burning, while being of just
high enough quality to give a fair idea of the content, the industry could
have gained another avenue to promote its products.  After all, amazon.com
as well as several other music marketplaces already have marginal-quality
monaural excerpts on selected tracks for CDs they offer for sale.


#129 of 163 by scott on Sat Mar 8 16:05:20 2003:

The record industry has not been noted for its intelligence lately.  Had it
been a bit smarter and more willing to take risks it could have started a
decent download service years ago.


#130 of 163 by gull on Mon Mar 10 03:28:26 2003:

Remember, this is the same industry that thought it should be illegal to
buy blank cassette tapes.


#131 of 163 by mcnally on Mon Mar 10 03:56:15 2003:

  ..and effectively killed DAT as a consumer audio format and nearly did the
  same to MiniDisc.


#132 of 163 by goose on Mon Mar 10 14:07:12 2003:

YEs, if it wasn't for the tenacity of Sony we'd not have MiniDisc's


#133 of 163 by anderyn on Mon Mar 10 15:11:32 2003:

Which is agood thing (having MiniDiscs!)


#134 of 163 by polytarp on Mon Mar 10 20:09:44 2003:

JABBER !


#135 of 163 by gull on Tue Mar 11 01:34:07 2003:

I've avoided MiniDisc because I don't like formats that only one
manufacturer supports.


#136 of 163 by scott on Tue Mar 11 04:19:46 2003:

It's a semi-propriety standard, but there are certainly recorders and media
available from manufacturers other than Sony.


#137 of 163 by jazz on Tue Mar 11 14:52:18 2003:

        Sony was, though, as usual, very late in opening up the specification
to the MD format.


#138 of 163 by gull on Tue Mar 11 15:00:52 2003:

Yup.  I kind of figured it was doomed to be the 8-track tape of the
digital world, and it's looking like I was probably right.


#139 of 163 by krj on Tue Mar 11 16:39:26 2003:

Minidisc is highly useful if you need a very small, very portable, 
decent quality digital recorder.  My wife uses hers a lot to record
herself singing.  However, if you don't need the 
portability at the recording end, MD has pretty well been replaced
by MP3 files recorded on a larger computer and played back on a 
portable.  

Unfortunately the development of quality portable MP3 recorders
is blocked by the Audio Home Recording Act, due to the requirement
that consumer digital recorders implement a SCMS (Serial Copy 
Management System).   The few MP3 recorders on the market appear
to be trying to stay under the radar by limiting the MP3 rate
to 128K or so.


#140 of 163 by scott on Tue Mar 11 16:45:06 2003:

Outside of the US, MiniDisc is quite popular.  


#141 of 163 by keesan on Tue Mar 11 17:03:02 2003:

Isn't a microcasette recorder small enough?


#142 of 163 by scott on Tue Mar 11 18:12:00 2003:

Small enough, but the sound quality of microcassette is terrible.


#143 of 163 by goose on Tue Mar 11 18:21:13 2003:

Saying it's terrible is being kind.


#144 of 163 by anderyn on Wed Mar 12 00:17:09 2003:

I've never tried recording on a microcassette, but a minidisc recording has
the good qualities of both a cd and a tape -- you have digital quality,
archival permanence, the ability to re-record and rearrange tracks.


#145 of 163 by krj on Thu Mar 13 05:12:43 2003:

Here's an interesting item from the NYTimes about Natalie Merchant, 
former lead singer for 10,000 Maniacs, former million-seller solo
artist.  She has chosen not to renew her contract with Elektra 
and her next album will be self-released. 
 
A comment from Jay Rosenthal of the Recording Artists Coalition
(the performers group launched by Don Henley) echoes things 
Richard Thompson said earlier when he chose not to renew his 
contract with Capitol/EMI:  "The only reason to go to the major labels
is to get your songs on the radio, to go for the promo money."
 
Rosenthal predicts that a large number of artists will soon 
be following the self-employment model:  "he expected major
labels to cut their rosters by 30 to 50 percent in the next 
year."
 
http://www.nytimes.com/2003/03/13/arts/music/13NATA.html


#146 of 163 by krj on Thu Mar 13 15:06:49 2003:

Two electronics hardware firms introduce new portable disc formats.

http://www.newscientist.com/news/news.jsp?id=ns99993490
 
Sony announces a system which uses minidisc-style encoding to 
cram 30 hours of music onto a single CD-R.  Philips uses DVD
blanks and says its system stuffs 100 hours of music onto a 
single disc.  
 
"The music industry this week condemned the launch of two 
recording systems that will let people copy between 30 and 100 
hours of music onto a single disc.   The launches, from electronics
giants Sony and Philips, are being seen as a potential
pirates' charter. ..."
 
"Sony Music did not want to comment on its sister company's launch..."


#147 of 163 by gull on Thu Mar 13 15:54:06 2003:

The toothpaste is already out of the tube on that one.  I routinely put
ten to twelve albums' worth of MP3s on CD-R blanks.  Lets me carry a
good chunk of my CD collection around in my car in a compact way,
without risking losing the real CDs if my car is broken into.  I could
stuff 30 hours in if I were willing to tolerate lower quality.

It's amusing to watch the internal disagreements between Sony Music and
Sony's electronics division.


#148 of 163 by tpryan on Fri Mar 14 00:02:40 2003:

        I've noticed it's easy to get 9 hours on an MP3 CD
encoded at 192-44-S.


#149 of 163 by dbratman on Fri Mar 14 07:27:37 2003:

I can already carry around as much music as I need at any time in my 
pocket on CDs as it is; why do I need more miniaturization, especially 
if it's at a loss in sound quality, which I definitely don't need?


#150 of 163 by anderyn on Fri Mar 14 13:58:28 2003:

But minidiscs aren't degraded. They're digital too, and you can rearrange the
music on them. I love 'em. 


#151 of 163 by gull on Fri Mar 14 14:01:42 2003:

Yeah, I've kind of settled on 160 kbps, 44.1 kHz, joint stereo as a good
compromise for the environments I listen in.  With a good encoder (I
like LAME) I can't tell the difference between MP3 at that bitrate and a
CD when I'm in a moving car.  I can tell with headphones in a quiet
environment, but it's not enough that I find it objectionable.

If I'm doing something where I'm not so concerned about fitting as much
music as I can onto the disc, I go with 250 kbps, 44.1 kHz, joint
stereo.  My player starts to flake out at bitrates above that.  It was
an early model.

I've always liked that MP3 lets me set my own trade-off between space
and quality.  That's something that's lacking in these proprietary lossy
formats like MiniDisc.  (Yes, MiniDisc uses a lossy compression, and
does cause some quality loss.  It's just not enough to be noticable in a
single generation.)


#152 of 163 by goose on Fri Mar 14 20:18:04 2003:

RE#150 -- MiniDiscs use a lossy compression scheme known as ADTRAC, to they
are degraded, in a similar fashion to how MP3s are degraded.


#153 of 163 by dbratman on Sat Mar 15 07:28:26 2003:

The kind of music I listen to, you notice the loss in quality.  Or at 
least I do.


#154 of 163 by anderyn on Sat Mar 15 22:12:03 2003:

Ah. I am just not good enough to hear the losses from a recording on a
MiniDisc, not so sophisticated as Ken or David. (I know that I never noticed
that much of a problem with my off-the-rack tape recorders as compared to nice
tapes with all the bells-and-whistles that Ken made.) I suspect that I don't
have an ear for that kind of distinction.


#155 of 163 by scott on Sat Mar 15 23:49:05 2003:

There are some artifacts which I can occasionally hear.

Not enough to prevent me from enjoying small, cheap, recordable media which
allows rough editing and very compact location recording.


#156 of 163 by jaklumen on Sun Mar 16 11:11:29 2003:

I have a little interest in home audio equipment, and I was friends 
with someone who was really into car audio and competed with his 
system.  I guess when you get involved with that stuff, you start to 
hear the differences.. you just have to be exposed to a lot of it.

I used to subscribe to Sound & Vision (which used to be Stereo 
Review).  It just blew my mind how these people could dissect the 
sound, but then, they do it for a living.


#157 of 163 by dbratman on Mon Mar 17 07:45:20 2003:

I wrote, "The kind of music I listen to, you notice the loss in 
quality.  Or at least I do."  But I am not an equipment junkie!  In 
fact, I am still using the same 30-year-old off-the-shelf amp and 
speakers I've had for, uh, 30 years.

It is simply that I am a classical listener, and you don't have to be 
much of a classical listener to notice a degredation in sound quality.  
Lots of instruments: all acoustic: it's sensitive to that.


#158 of 163 by anderyn on Mon Mar 17 12:58:19 2003:

I suspect that that may be where I don't have the ear training to hear what
you hear. I have never been able to get into classical music. (Much as I
haven't been able to "get" jazz or any other type of music which is mostly
instrumental. I have a major voice bias in my musical tastes, and I tend to
listen to the words and get very impatient with long instrumental hiatuses.)
I also don't play any instrument, so I don't have that kind of training to
fall back on either.


#159 of 163 by jaklumen on Tue Mar 18 05:45:04 2003:

I'm not sure that's so much training as exposure.


#160 of 163 by gull on Tue Mar 18 14:19:20 2003:

An article about a recent speech by departing RIAA chief Hilary Rosen:
http://www.theregister.co.uk/content/6/29797.html

It includes this bit of revisionist history by Rosen:
"The argument is that somehow the record companies seek to encroach upon
a consumer's ability to make a personal copy of music. Nonsense. We have
always been supportive of the ability of consumers to copy a CD for the
gym or for their car. More power to the music fan."

And a comment on the Verizon case, in which the RIAA tried to get the
names and addresses of peer-to-peer network users released without a
court order:
"Verizon has unfortunately turned this case into a bogus claim to
protect their members' privacy rights. Well first of all, there is no
right to commit a crime in private. And second and more importantly,
when you are on one of these p2p systems and have opened your hard drive
and its contents to the network, you have given away your own privacy."

She admitted publicly for the first time that the RIAA has been
inserting bogus files into peer-to-peer networks in an attempt to
frustrate users.  She also all but admitted that the unlabelled
copy-protected CDs they tried to foist on us weren't the best idea:

"While the technology is apparently not quite ready, there is promise
for some protective technologies, which would offer consumers use of
their music on the computer and still prevent uploading onto the
Internet. While there are no specific plans to release such products
into the marketplace at this time, if they are produced, record
companies will need to work closely with retailers to assure that the
proper consumer education and labeling takes place."



#161 of 163 by dbratman on Wed Mar 19 01:21:02 2003:

Twila: There's plenty of classical music that's vocal.  Have you tried 
listening to choral music? classical art song? opera?


#162 of 163 by anderyn on Wed Mar 19 13:01:47 2003:

Um. Only a very little. 


#163 of 163 by krj on Sun Mar 23 01:20:12 2003:

"Replay TV maker Sonicblue to file for Chapter 11"
http://reuters.com/newsArticle.jhtml?type=topNews&storyID=2423476

Sonicblue has been the hardware maker most willing to introduce 
innovative products and take the legal heat from the copyright 
industry.   They defended and won the copyright suit over the original 
Rio MP3 player, and Sonicblue's win allowed all other makers of 
MP3 players to get into the market.  More recently they were 
defending their ReplayTV video recorder in another copyright 
infringement suit.

In a previous article which I don't have as a citation, it sounded
like the company was being dragged down by its legal expenses.
This seems like another step closer to the copyright industry
obtaining a defacto veto over the development of new technology.

The Rio and Replay hardware lines are to be sold to the Japanese
firm which runs the Denon and Marantz brands.

-----

This next item was widely reported this week.  This quote is from the 
ZDnet story:

   "...the Recording Industry Association of America (RIAA) sent letters
    to about 300 companies providing evidence of specific instances of 
    their internal networks being used to swap copyrighted songs, and 
    warning of potential legal liability."
   
   "RIAA turns up heat on file-trading at work"
    http://zdnet.com.com/2100-1105-993143.html

In a followup story...

   "The RIAA's action drew protest from the Information Technology 
    Association of America, a trade group representing Microsoft Corp., 
    IBM Corp., and more than 400 other software and service companies.

   "'When corporations are trying to protect themselves from major 
    hackers and terrorists... trying to do serious damage to their 
    networks, I don't know that they want to spend their time chasing down 
    a half-dozen employees who like to trade old Rolling Stones songs,'
    said the group's president, Harris Miller.  'It's a matter of
    prioritization.'"

    http://www.dailynews.com/Stories/0,1413,200~20950~1253396,00.html



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