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Author Message
25 new of 219 responses total.
krj
response 25 of 219: Mark Unseen   Jan 14 19:23 UTC 2002

A columnist for Billboard lectures the music biz on how it is ignoring
consumers:
 
http://www.billboard.com/billboard/musictomyears/index.jsp

Quotes:

> One hopes we all still wish to sell records.

and, somewhat confusing:

> Judging from the poor reaction to the clumsy new Web music 
> subscription services, the likelihood of fans opting to only "rent" 
> music they once owned/controlled in physical form is slim.
>
> As people inside and outside the industry are realizing, mere recorded 
> music is not that important or special to people unless those directly 
> involved can enhance both its real and perceived value. In the film 
> realm, DVD-Video has thus far managed but it needs to go farther. 
> The music world had better catch up quickly and dramatically between 
> now and next Christmas, because the public isn't interested in the 
> music industry's opinion of itself -- it's only interested in maximum 
> music choices with maximum ease and, yes, even greater post-digital 
> audio merit. And they won't be bullied into paying through the nose
> for a bad bargain.
other
response 26 of 219: Mark Unseen   Jan 14 20:05 UTC 2002

Confusing?  It sounds like an incitement to include more content (live 
the special features on DVDs) in order to justify the different pricing 
model and as a way to ease the annoyance of music buyers.
krj
response 27 of 219: Mark Unseen   Jan 16 05:27 UTC 2002

mp3newswire.net has a review of the new for-pay Napster written by 
one of its beta testers.
 
http://www.mp3newswire.net/stories/2002/paynapster.html
krj
response 28 of 219: Mark Unseen   Jan 17 14:42 UTC 2002

The New York Times has a story on "Napster culture" now moving on to 
downloading and trading TV shows and movies, as bandwidth and 
disk sizes increase.
 
http://www.nytimes.com/2002/01/17/technology/circuits/17VIDE.html
"Black Hawk Download: Pirated Videos Thrive Online"
 
The store includes a visit with an Internet video collector 
in Ann Arbor.  :)
krj
response 29 of 219: Mark Unseen   Jan 17 22:55 UTC 2002

Lots of stuff today...
 
KaZaa has stopped offering their filesharing client for download at 
http://www.kazaa.com.  This does not appear to affect the operation of 
clients already downloaded, though there are rumors that the KaZaa 
company may be able to shut off its clients operating on the FastTrack
network.  http://mp3newswire.net has more.  Also Cnet at:
http://news.cnet.com/news/0-1005-200-8513895.html?tag=mn_hd
 
-----
 
Another Cnet story reports on an attempt to get everyone to agree 
on a no-copy flag for the digitial TV bitstream.   Theoretically this
flag is to be turned into a standard, and then into hardware, in time
for the Federal deadline for all TV to be broadcast digitally in
May.  Um, right.

http://news.cnet.com/news/0-1005-200-8516912.html?tag=mn_hd

-----

Finally, Slashdot publicizes and rips to shreds a website put up by
Universal Music Group to try to explain and justify their CD-copy-
prevention scheme.  UMG CDs now contain a software license which appears
to forbid loaning the disc, and which certainly brings consumers under
crypto export controls.  Slashdot's story and rude comments are at
http://slashdot.org/articles/02/01/17/1335204.shtml

Universal's own site is at http://www.musichelponline.com


krj
response 30 of 219: Mark Unseen   Jan 18 18:36 UTC 2002

Somewhere back up there someone was looking for a roundup of current
file sharing stuff.  Slashdot today had a response pointing to 
http://www.afternapster.com   which reviews 101 such systems.
 
Also, I haven't got a link, but I've seen news stories about the 
Soundscan weekly sales charts, and they are still trending downwards.
One analyst in one story somewhere is projecting a 3% decline for 
the CD business in 2002.
aruba
response 31 of 219: Mark Unseen   Jan 18 23:58 UTC 2002

Thanks Ken.
gull
response 32 of 219: Mark Unseen   Jan 21 14:01 UTC 2002

http://www.theregister.co.uk/content/4/23736.html

Summary:  Philips is continuing to insist that CDs using the current 
copy protection schemes can't bear the official Compact Disc logo.  
(Though since the logo is usually inside, on the disc, this still might 
not provide a good way to identify them before buying.)  Philips' 
general manager has also said that the company will be building CD 
burners that can read and burn copies of the copy-protected CDs.  He 
argues this won't be illegal under the DMCA because the "copy-
protection" scheme isn't a protection system, it's a method of 
preventing the playback of music.

It should be a very interesting legal battle if they actually go 
through with this.
krj
response 33 of 219: Mark Unseen   Jan 21 18:07 UTC 2002

More on the classical music crash from andante.com:
 
http://www.andante.com/magazine/article.cfm?id=15643
 
From 1999 to 2001, the classical music CD business lost 20%
of its sales in the USA.   USA sales lag far below Europe;
classical is down to about 1.8% of the market in the US, but 
8% (and on an upward trend) in Britain, 7% in France (but trending
downwards from 10% earlier in the decade), 11% and rising in the 
Netherlands.
 
Harmonia Mundi, one of the classical independent label/distributors 
hit hard by financial troubles at Tower Records, has responded 
by slashing the number of CD titles they distribute in half.
To take the optimistic view, they should now be a stronger 
company.
other
response 34 of 219: Mark Unseen   Jan 21 18:30 UTC 2002

The CD logo often appears on the back of liner notes inserts or on the 
back of the CD package, but not consistently enough to be able to tell 
anything by it.

What does the logo signify?  Compliance with the red book encoding 
standard?
gull
response 35 of 219: Mark Unseen   Jan 21 19:07 UTC 2002

Specifically, it indicates the CD is licensed by Philips, which holds 
the CD-DA patents (at least for another year or two.)  I think 
complying with the red book standard is part of the rules for making a 
licensed CD.
tpryan
response 36 of 219: Mark Unseen   Jan 21 23:29 UTC 2002

re 33:  Must be all those classical fans downloading on the internet!
krj
response 37 of 219: Mark Unseen   Jan 22 14:43 UTC 2002

resp:29 ::  Slashdot collects/points to a bunch of stuff about Kazaa.
It appears the operation has been sold to a company in Australia which 
intends to charge for its use; however, there are also rumors that 
the company buying Kazaa can't be found in directories of Australian
firms.   The Kazaa file trading client is once again available for 
download, the articles say.
 
Weird.
 
http://slashdot.org/articles/02/01/21/1621223.shtml
krj
response 38 of 219: Mark Unseen   Jan 23 04:38 UTC 2002

mp3newswire.net assembles a coherent story about the Kazaa purchase,
though I'm still not sure I grasp what is going on.  Australia is 
developing a reputation as one of the least Internet-friendly
nations so it seems a poor choice to host a file-trading operation.
 
http://www.mp3newswire.net/stories/2002/kazaasold.html
 
-----
 
mp3.com/news points to a Houston Chronicle essay from early 
this month:

http://www.chron.com/cs/CDA/story.hts/tech/weekly/1208692

On the disconnect between consumers and the music business, 
heavily redacted:
 
> Here's the point that the music industry just can't seem to
> comprehend: Consumers will not flock to any pay service that
> constrains what they do with the music they download... 
> 
> The industry talks about "educating" consumers about intellectual
> property rights and the fact that artists and license holders need to
> be compensated for their work....
> 
> But consumers are also resistant to the notion that art is something
> they've "licensed," like software, even though legally that's the
> case. Instead, their mindset is this: "Hey, I paid for this music. It's
> mine now. If I want to save some songs to my hard drive, burn a
> compilation CD, listen to them in an MP3 player, I should be able
> to." 

mcnally
response 39 of 219: Mark Unseen   Jan 23 05:10 UTC 2002

  If only there was some sort of Pulitzer Prize for stating the obvious..
gull
response 40 of 219: Mark Unseen   Jan 23 14:13 UTC 2002

I think a lot of people feel that way about software, too.  I know to 
me it seems distinctly unfair that if I buy a machine with a pre-
installed copy of Windows, I can't later sell it with that same copy of 
Windows installed.
mcnally
response 41 of 219: Mark Unseen   Jan 23 18:52 UTC 2002

  an issue which is made only more confusing by the fact that if you
  buy a boxed copy of Windows, you *can* transfer the license with the
  machine.
krj
response 42 of 219: Mark Unseen   Jan 24 15:58 UTC 2002

Napster news, widely reported:  Trial court judge Marilyn Patel agreed
to a 30-day delay in issuing her ruling on the labels' request for a 
summary judgement against Napster.  It is believed the labels and Napster
are close to a settlement which would clear the way for the for-pay 
Napster model to open for business.
jmsaul
response 43 of 219: Mark Unseen   Jan 24 17:44 UTC 2002

(But won't get them customers.)
krj
response 44 of 219: Mark Unseen   Jan 24 18:14 UTC 2002

The NYTimes reports further:  the Register had some of this but 
frankly it sounded like wishful thinking in their article so I didn't
include it in the earlier response.
 
http://www.nytimes.com/2002/01/24/technology/ebusiness/24NAPS.html

> Several people close to the case said, 
> however, that the record companies' real
> motivation in asking for a suspension was 
> that Judge Patel had threatened to
> issue an order that would have hurt their 
> own case. Specifically, these people
> said, Judge Patel may have been planning 
> to look more closely at whether the
> labels had negotiated in good faith in 
> their licensing discussions with Napster.
krj
response 45 of 219: Mark Unseen   Feb 1 19:18 UTC 2002

resp:42 and subsequently :: lots of stories are breaking about the release
of the hearing transcripts from January 16 in the Napster case, and some 
of the press coverage is getting more and more breathless.  
I'll just cite this one, from the "Newsbytes" imprint of The Washington Post:
 
http://www.newsbytes.com/news/02/174154.html
"Napster Case: Is Judge Turning Tables on Labels?"
 
Quotes:   

>  A judge's decision allowing Napster to pursue copyright misuse claims
>  against major record labels seems to signal a sea change in the music
>  industry's lawsuit against the peer-to-peer song-swapping service,
>  according to a trio of legal experts. 
...

>  If she were to rule that labels have
>  misused their rights, one expert told
>  Newsbytes, at the extreme it could mean
>  the labels could not enforce their
>  copyrights. Such a decision, conceivably,
>  could kill the labels' case against Napster ...

>  The 10 pages of transcript following Patel's statement about copyright
>  misuse remain under seal by order of the judge, so any discussion that 
>  followed Patel's statement remains secret.  But what is present in the 
>  document was described by one lawyer as "a bombshell."

----------

IANAL, but I went Googling in search of the terms "copyright misuse."
This seems to be a fairly specific legal term specifying a defense
against copyright infringement, in a situation where the copyright holder
has used copyright licenses to enforce unfair or illegal trade practices.
The case law I found, from early 1990s, involved a software firm which forced
its customers to sign a 99-year non-compete agreement before it would license
the software to them.  It's unclear to me if a finding of "copyright misuse"
merely ends the litigation in question in favor of the accused infringer, or 
if it terminates the copyright.  
 
The Register (http://www.theregister.co.uk/content/6/23906.html) laments
that Napster seems to have neither the resources nor the inclination to pursue
this lead much farther, possibly leading to the smashing of the major record
companies.  I tend to agree; Napster is now controlled by Bertelsmann, one of
the  major music companies, and so it would not want to endanger the record
company  copyrights.  My guess is that Napster is likely to just use its
leverage to  wipe the slate clean on anything it might have owed on past
infringements, and to get the licenses it wants to launch the new for-pay
Napster.

However, an analyst in the Newsbytes piece points out that the copyright 
misuse issue will be lying around waiting for use by the other P2P file sharing
operations which the music industry either is suing, or plans to sue.
twill
response 46 of 219: Mark Unseen   Feb 6 00:03 UTC 2002

Hi, I'm Twill!
krj
response 47 of 219: Mark Unseen   Feb 12 04:14 UTC 2002

Here's an odd story.  CD sales went down globally in 2001, but in the 
UK and France they are up.  UK sales up 5%, French sales up 12%.
Go figure.
 
http://news.bbc.co.uk/hi/english/entertainment/music/newsid_1814000/1814160
.stm
krj
response 48 of 219: Mark Unseen   Feb 18 23:09 UTC 2002

Wired pointed to this think piece from MIT's Technology Review:
 
http://www.techreview.com/articles/shulman0302.asp
on "Intellectual Property Ecology."
 
The argument is that the current shifts towards giving all rights to the 
IP owners and none to the public is likely to have bad effects on 
future creativity.   Those clashing against the current trends are 
starting to apply an ecological metaphor in their organizing attempts.
mcnally
response 49 of 219: Mark Unseen   Feb 18 23:41 UTC 2002

  And we all know how successful ecologists have been at influencing 
  public policy..
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