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25 new of 143 responses total.
flem
response 32 of 143: Mark Unseen   Apr 6 18:22 UTC 2001

I, for one, would strongly support a "pay-for-download" of high-quality
digital recordings of *single songs*, were the price within reason.  
mcnally
response 33 of 143: Mark Unseen   Apr 6 20:03 UTC 2001

  They're not exactly Napster stories, but Salon has recently had a couple
  of interesting stories about the payola-like business of radio promotion
  and about "indie" promoters' near-stranglehold on American FM playlists.

  http://www.salon.com/ent/feature/2001/03/14/payola/index.html
  http://www.salon.com/ent/music/feature/2001/04/03/payola2/index.html
krj
response 34 of 143: Mark Unseen   Apr 6 20:18 UTC 2001

Greg in resp:32 ::  but in what format would you pay for these songs?
You're not buying a song, at the most basic level; you're buying a 
computer file.

The Cnet story on the MusicNet service to be formed by AOL, BMG, EMI and
Real says that the files they sell will come encumbered by digital 
rights management stuff.  This is in contrast to the NewMediaMusic
story I quoted earlier, but I think it more accurately reflects the 
thinking of the major record companies.  So far the "digital rights 
management" copy prevention systems have been generally 
rejected by consumers.
flem
response 35 of 143: Mark Unseen   Apr 6 20:46 UTC 2001

A good question.  I think I'd probably want an uncompressed version, so's I
could convert it to whatever format was convenient for me, but I'd probably
be willing to pay for good quality mp3's at a lower price.  
mcnally
response 36 of 143: Mark Unseen   Apr 6 22:15 UTC 2001

  Unfortunately the record companies have consistently and repeatedly
  demonstrated that they waren't willing to sell what you say you're
  willing to buy..
krj
response 37 of 143: Mark Unseen   Apr 11 17:11 UTC 2001

More bunches of articles and I am short of time.  There's a Reuters
story today which I have from:
  http://www.latimes.com/wires/20010411/tCB00a2780.html

Napster had a compliance hearing in front of trial judge Marilyn
Patel yesterday and she was not pleased.   "(Napster) was warned by
a U.S. judge on Tuesday that it could face closure if it doesn't speed up
its efforts (to block copyrighted songs).  ... Patel said it was 'disgraceful'
that copyrighted material remained on Napster's system."

I don't fully grasp this, since the current situation was dictated by 
the appeals court panel when they told Patel how to revise her injunction.
So I don't see how Patel can throw out the directions of the appeals court 
just because they don't work effectively, when the appeals court for 
reasons of its own overruled Patel's original effective injunction to 
close Napster.

In the same article, Napster claims to be close to reaching licensing 
deals with the five majors.  Napster says that once the licensing deals 
are reached, the majors will drop their suits; well, fine, but there are 
still a large number of independent labels whose claims to infringement
damages are as good as the major labels' claims; what's going to keep those
claims from pouring out of the woodwork if Napster settles with the five
majors?

The other articles are more think pieces, less urgent news so I will 
try to make time for them later this week.  (I'm on vacation and we have 
Leslie's recital and a family visit.)


krj
response 38 of 143: Mark Unseen   Apr 11 19:49 UTC 2001

(Much bigger stories on this at www.inside.com and www.wired.com.
The Patel quote above is incomplete; she did acknowledge the controlling 
authority of the appeals court ruling, though she thinks they should 
reconsider because the injunction crafted under their guidance is 
ineffective.)
goose
response 39 of 143: Mark Unseen   Apr 11 22:26 UTC 2001

It's odd how little the professional audio press is paying attention to this.
,
mdw
response 40 of 143: Mark Unseen   Apr 12 07:24 UTC 2001

Is it?  Why would they care?
raven
response 41 of 143: Mark Unseen   Apr 12 23:32 UTC 2001

Now linked to the cyberpunk conf, your conf of networked society and it's
future.
krj
response 42 of 143: Mark Unseen   Apr 13 01:21 UTC 2001

Inside.com and others carry a story that Judge Patel is inclined to let 
the holders of songwriting copyrights pile on in a class action suit
against Napster.  
 
zdnet.com and other sources carry a story from the Wall Street Journal
about how major software manufacturers such as Microsoft and Real
plan to discourage users from making MP3 files and encourage them 
to use proprietary, copy-controlled formats.  
 
"...early testers of beta versions of Windows XP already complain that 
the most popular MP3 recording applications -- which compete with 
Microsoft's format -- don't seem to function properly, apparently
because of changes Microsoft made to how data are written on CD-ROMs
under Windows XP..."
goose
response 43 of 143: Mark Unseen   Apr 14 23:23 UTC 2001

RE#41 -- Because eventually we're the ones who have to deal with this
bullshit. ;-)
krj
response 44 of 143: Mark Unseen   Apr 17 05:32 UTC 2001

News pointers:
http://www.theregister.co.uk   has a couple of stories about MP3 raids
at a Taiwan university.  Dorm rooms have been searched, PCs seized,
fourteen students charged.  The article, which is rather biased in 
favor of the students, does point out the irony of raiding students 
while East Asia is a hotbed of large-scale piracy for cash profit.
 
http://www.newmediamusic.com has another of their mindboggling essays
on the Napster case.  Sometimes I can't tell if these writers are brilliant
or just blowing smoke; in a month it won't matter because they plan to 
put all the juicy stuff in the for-pay section.  Anyway, today's piece 
discusses why it is that BMG is now running Napster, and the legal 
implications of BMG sitting on both sides of the Napster lawsuit.
krj
response 45 of 143: Mark Unseen   Apr 18 03:48 UTC 2001

More stories.
1)  http://www.theregister.co.uk reports that the Taiwanese government 
    has rallied to defend the rights of students whose machines were 
    seized in searches for illegal MP3 files, and it now appears that 
    the cases will be dropped.
 
2)  Going back two weeks to my resp:31, where I wrote that the major labels
    were probably trying to have the Duet and MusicNet systems in place 
    before the free Napster service was whacked this summer:  A Reuters 
    story from April 4 says no, these systems are still vaporware, and 
    though the companies involved are promising a summer rollout (for
    Duet, through Yahoo) or a fall beta test (for MusicNet, with Real and 
    Yahoo), other people in the industry think these deadlines are 
    wildly overoptimistic for services whose basic design parameters
    and legal frameworks are still being developed.

    And, they will be harder to use than Napster.  And the songs will be 
    copy-prevented.

Another really great story was in the Wall Street Journal last week, 
and MSNBC carries it at http://www.msnbc.com/news/558318.asp
"Bertelsmann tries to tune into Web bug finds it to be a jarring 
strategy."   Bertelsmann thought it would be brilliant to ally with 
Napster and hope to pick up its millions of users, but the move has 
been controversial within the company and has left the company isolated
with respect to the other four majors, who still seem bent on Napster's
destruction.
krj
response 46 of 143: Mark Unseen   Apr 20 18:19 UTC 2001

Here's an opinion piece I missed when it appeared in early April:

http://www.thestandard.com/article/0,1902,23401,00.html

Author Lawrence Lessig writes:

   "As Congress knows, but as the recording industry wants us to forget,
    the struggle over Napster is nothing new to copyright law.  The past
    100 years have been filled with Napsters -- new technologies that 
    'steal' content.  But in every previous Napster-like case, Congress
    has struck a very different balnce from the one that the courts are
    now establishing with the ((music)) labels.  Every time a major new 
    technology for distributing content was born, Congress has assured
    compensation WITHOUT GUARANTEEING CONTROL."   ((emphasis KRJ))

   "Take cable TV.  Like Napster, cable was born as a commercial 
    enterprise devoted to making tons of money by 'stealing' other
    people's content..."  

The article says that some sort of compulsory licensing system, similar to 
what was deployed at the beginning of the radio era, is what many in 
Congress are starting to think about.
 
For the attention of rcurl and brighn...  :)
gull
response 47 of 143: Mark Unseen   Apr 20 18:32 UTC 2001

Cable TV sort of works both ways.  There are also "must-carry" rules, 
forcing cable companies to put local TV stations on their systems that 
desire to be there.  There's been some argument about this lately, 
actually.  With HDTV, TV stations will soon be (or already are) 
broadcasting two, possibly different, video signals.  Even after analog 
TV is phased out, there's still the possibility that one HDTV channel 
could carry more than one video stream.  The stations wanted to be able 
to force cable companies to carry *all* their video streams.  So far 
the FCC has ruled that cable companies are only required to carry one 
of them, and this has been very unpopular with broadcast stations, who 
feel the FCC is favoring cable TV in their rulemaking.  Over-the-air 
broadcasting of TV is probably in trouble in the US, especially since 
HDTV is, by most accounts, nearly impossible to receive with an indoor 
antenna.
krj
response 48 of 143: Mark Unseen   Apr 20 23:29 UTC 2001

Two more interesting Napster pieces, these both from today:
 
http://dailynews.yahoo.com/h/nm/20010420/en/music-napsterudpate1_1.html

"Napster to use fingerprinting technology."

Napster is licensing technology to recognize songs by their "musical
fingerprints" from a company called Relatable.   "There are many technological
challenges," says the CEO of Relatable in a quote.  Yeah, like the issue
of where do you put a filter which examines the contents of the file...
As I've dicussed before, such filtering would seem to be impossible given
current Napster architecture, and the appeals court panel said Napster did 
not have to redesign its system.  I can only assume that Napster got slapped
very hard by the court-appointed technical master overseeing Napster's
compliance, in the closed and so-far secret hearing last week.
 
 
#2: http://www.sonicnet.com/news/archive/story.jhtml?id=1442959

"Indie Music Still Thrives on Napster"
 
Indie labels lack the financial and manpower resources to file the 
notifications required under the injunction to force Napster to attempt to 
filter their songs off.   And many indies, who have to fight for exposure
for their artists, think this might work to their favor as more and more
major-label music is filtered off Napster.
 
gull
response 49 of 143: Mark Unseen   Apr 21 03:20 UTC 2001

Re #48: Simple; you put the filter in the client, and only send the 
checksum to the central server.  Then you alter the protocol just enough 
to break the existing clients, so everyone has to download the new one.
krj
response 50 of 143: Mark Unseen   Apr 21 04:46 UTC 2001

From a design perspective that works.  Now, stop the millions of users 
from hacking the code resident on their computers.
gull
response 51 of 143: Mark Unseen   Apr 21 16:11 UTC 2001

That gets trickier.  Much trickier.  But there are ways around it.  I read
an article recently about techniques to keep people from cheating in
multiplayer networked games.  Some of the same techniques would help here. 
Basically you'd have to make the program self-checking.
russ
response 52 of 143: Mark Unseen   Apr 21 21:55 UTC 2001

Re #51:  But hardly beyond the capabilities of software people,
as the successful effort to find out why a certain Windows beta
gave a bogus error message when run under DR-DOS proves.

The fingerprinting will not be a killer, just one skirmish in the
arms race.  It will be too easy to work around, either through
hacked fingerprinting code or alteration of the fingerprint
reported to Napster.

It may work for a while.  If the visibility of independent music
labels and their artists rises in the mean time, so much the better.
I would love to see listeners abandon the producers of tripe such as
Britney Spears and learn to like real music.
russ
response 53 of 143: Mark Unseen   Apr 22 23:57 UTC 2001

Re #51:  But hardly beyond the capabilities of software people,
as the successful effort to find out why a certain Windows beta
gave a bogus error message when run under DR-DOS proves.

The fingerprinting will not be a killer, just one skirmish in the
arms race.  It will be too easy to work around, either through
hacked fingerprinting code or alteration of the fingerprint
reported to Napster.

It may work for a while.  If the visibility of independent music
labels and their artists rises in the mean time, so much the better.
I would love to see listeners abandon the producers of tripe such as
Britney Spears and learn to like real music.
slynne
response 54 of 143: Mark Unseen   Apr 23 14:07 UTC 2001

Jeez, russ is such an ass. I might not like Britney Spears either but 
only a loser like russ would go around calling someone else's musical 
taste "tripe" while stating that the music *he* likes is "real"

[dont worry folks, I am not hurting russ's feelings as he filters me 
out] 
raven
response 55 of 143: Mark Unseen   Apr 23 20:31 UTC 2001

I dunno I think tripe is a pretty accurate assesment of Britney Spears and
her ilk.  Wy not call the talentless for what they are?  Afterall they are
making millions due to record company promotion (to tie back into Napster
:-)) while more taented muscians have to keep their day jobs.
<set drift="off">

slynne
response 56 of 143: Mark Unseen   Apr 23 20:42 UTC 2001

oh my fault then. Only a loser like russ or raven would say such things 
;)

Seriously though. I dont like Britney Spears so I wont argue that she 
has any great talent but I am sure there are those who think she does. I 
guess my issue is when some people like to get all high and mighty about 
thier tastes while dismissing other people's tastes. It is a button with 
me for some reason, probably because my musical tastes are often put 
down. boo hoo. hold me!
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