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Napster Helps RIAA Again; RIAA Still Ungrateful (Updated)

Posted by jamie on Mon Feb 26, 2001 01:38 PM
from the radio-star-recovering-nicely dept.
One year ago, we ran a story about the effects of Napster on the RIAA's 1999 profits, which Michael gave the great title: "Pirates Steal Negative $1,400,000,000 from Music Industry." It's a year later, the new numbers are out, and the RIAA is lying through their pointy little teeth about them. The AP wire story's second paragraph says "Sales of music compact discs fell by 39% last year," which they would have quickly seen was a blatant lie if they'd bothered to look at the numbers. Fortunately, Slashdot is here to bust up the spin. Keep reading, if you aren't afraid of numbers.

(Update one hour later by J : The story was on the AP wire, e.g. here, so it's not the BBC's fault. It was unfair of me to single out the Beeb when they just happened to be the source the submittor submitted this morning.)

The RIAA's figures were released last week, but the AP story was delayed until Monday, when the story would get the most exposure.

CD sales plummeted last year in the U.S. and record industry officials say the figures prove that Napster, the Internet music-sharing service, has harmed their business.

Sales of music compact discs fell by 39% last year according to the Recording Industry Association of America (RIAA).

"Napster hurt record sales," said RIAA president Hilary Rosen.

This article reads like it might have been ghost-written by someone from the record industry. It isn't until paragraph ten that journalistic integrity kicks in enough for the AP to quietly mention what they're actually talking about:

Some experts say [sic] the drop of CD singles as being part of an industry-wide slump, due to economic factors and a weak year musically. (Emphasis mine.)

That's right, CD singles. Unit sales for the singles were down 39%, revenue down 36% (they raised prices, of course).

And CD singles account for how much of the RIAA's profits?

Not quite one percent.

Yes, that's right: they lost 36% of 1% of their profits.

And the news media is reporting it as a 39% loss.

The facts are that their "CD sales" are up this year, even over last year's stunning performance. The RIAA increased the average price of a full-length CD from $13.65 to $14.02, and still managed to sell 3,600,000 more of them.

Total profit increase on this, the core of their business, was 3.1%, or just shy of an extra $400,000,000.

But full-length CDs only account for 92% of the RIAA's revenue. They did have weak performance in the other 8%. CD singles, as already noted, dropped revenue by 36%. But the real casualty percentage-wise was cassingles, which lost over 90% of its revenue from last year.

Gee, why could that be? Maybe because nobody wants them?

In fact, the RIAA's only real money-losing format of any significance was cassettes, which, along with music videos, were the only format actually cut in price. Cassette revenue dropped $436 million.

Wait a minute, what am I saying? "Money-losing"? They aren't losing money on cassettes -- they're just not raking it in this year as fast as last year. And gee, why might that be? Again, because nobody wants them?

And it's not like the RIAA is struggling to get by on slim profits. The big picture is that, in the last nine years, they have tripled their annual income.

But they are desperate to spin this as a loss. The actual fact is that their total revenue is down 1.8% from 1999. Last year, they made $14,584,500,000. This year, they made $14,323,000,000.

But how could they blame Napster if they told the truth? What would they say? "Napster is killing us! Our income is down almost two whole percent! We are only pulling in $14,323,000,000 this year!"

That probably wouldn't fly.

Especially because in the three categories which Napster has precisely zero effect on -- cassettes, vinyl, and music videos -- their combined year-to-year loss was $579.5 million.

That's right. In the digital formats which Napster can trade, they are making more money: $318,500,000 more revenue. In the analog and video formats where Napster is irrelevant, they are making less money: $579,500,000 less revenue.

That's the real story here.

But don't trust the press to report this one fairly. Don't trust the RIAA's press release. Go read the RIAA's numbers yourself.

(Hell, don't even trust those numbers -- they don't add up. I was silly enough to type them into a spreadsheet, and someone over there has some problems doing simple arithmetic. Their 1998 total revenue includes the DVDs twice.)

The RIAA is desperately trying to spin this so that they won't look like greedy bastards for turning down Napster's offer of a billion dollars over the next five years.

If they just took that generous offer, then -- in a year that the AP wire suggests might be an "industry-wide slump, due to economic factors and a weak year musically," and in a year for which Bertlesmann admits "we didn't put that much good stuff out" -- their revenue would only be down $111,000,000 from last year. And that would have been $750,000,000 more than they made in 1998.

But that isn't enough for them.

Why would anyone think the RIAA is greedy? They just want what's coming to them.

(Update one hour later by J : Mea culpa. Three paragraphs up, I originally calculated the numbers as if the billion dollars was all applied in one year; that isn't so. The billion would have been applied equally over the next five years. Actually it probably wouldn't have been applied to year-2000 revenue at all, so it's more of a rhetorical point than anything. Thanks to dachshund for pointing out that it wasn't a lump-sum payment.)

(Update four hours later by J : The AP wire seems to have updated its story, now stating explicitly that it's CD singles, not "CDs," which dropped 39%. I see factually correct versions now at CNN, Salon, Yahoo, and wire.ap.org (search on Napster). The BBC version is still incorrect. In my opinion, the new versions are still misleading. Focusing on a large percentage drop within a subcategory which is a tiny percentage of the whole is a classic example of how to lie with statistics. But compare this to the RIAA's press release, claiming that CD singles had "flat growth in '98 and '99," though 1998 revenue actually dropped 22% -- that's just plain lying.)

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  • Overlooked among all the misleading things the RIAA has said in this context is their gross misunderstanding of what it would actually take to demonstrate something like harm from Napster.

    This kind of correlational observation is not helpful, no matter how you slice it. RIAA profits could have dropped precipitously and it would not be clear Napster had anything to do with it. Their profits could have doubled, and no one could prove that Napster hadn't done them harm.

    The basic truth is that no one, not the RIAA, not a single Slashdot reader, not even Kurt Loder, knows how well the RIAA would have done last year if Napster hadn't been around. The world did an uncontrolled experiment, and interpreting the results is going to be more of an art than a science. The art is in estimating how well the RIAA would have done last year in a world without Napster.

    That said, of all the imaginable face-valid ways to estimate what we should have expected the numbers to look like without Napster, I would say that simply looking at the change from last year is probably the worst.
  • by TheGratefulNet (143330) on Monday February 26 2001, @09:19AM (#401096)
    and so I'm waiting for a lawsuit aimed at those "newfangled motor cars" by the buggywhip companies.

    get real, RIAA. you did not stay in touch with technology (ie, you didn't move with the times and start distributing individual songs over the net, so napster did that for you, sort of) so you lose some ground.

    this is basic economics. you can't fight it, hard as you may try.

    all the buggywhip companies either found a new product line to produce or just plain went out of business. is it "progress's" fault for this?

    --

  • This is how the movie business works. The way people make it in both industries (and to a lesser extent most others)is by kissing ass and making connections. Both businesses work on the same model, known as "Absolute Evil and Greed" in industry parlance. They are both effectivly interchangable outgrowths of the enormous Los Angeles bullshit industry; a bunch of spoilt adults who think because they have no tangable skills they are entitled to a huge pile of cash for essentially nothing. Most of the people who make most of the money do none of the work. What work they do consists of shmoozing at parties...and making phone calls. If these execs, known as "bastards" in the business, have any, actual no-fun boring work to do they force their unpaid interns to do it (known as "exploited slaves" in the business). These interns work hard to prove they are good at making copies and stacking cookies, as these are the skills that demonstrate your innate ability to run a major corporation. The actual work is done by hard working, under-paid working class stiffs, or over-paid unionized stiffs that pull 14 hour days 365 days a year.

    But I'm not bitter. No. Not at all.

    ---


    ---
  • by fiore42 (145493) on Monday February 26 2001, @09:20AM (#401102)
    The RIAA and the average Slashdotter have the same basic mistake - this has nothing to do with profits.

    To elaborate - the fundamental moral issue is independent of money raked in. Music companies could be going bankrupt, or they could be worth 300% their current value, and the fundamental issue would remain unaltered.

    The question is not profits, but property rights, and anything else is a totally extraneous question.
  • Seriously...if someone got a hold of one of the minidisc recordings of my band's practice sessions and found it so intriguing that they made copys for their friends, or put it up on Napster, I'd have no problem with that at all. (Providing that it was properly credited as our work.)

    Of course if you had studio and tour expenses to pay for and saw someone downloading your stuff off of Napster instead of putting that money back in your pocket you might have a different opinion. If music is what you do for a living, you should expect to be paid for it. That's the difference. Making love to your SO is not a career. Having pets is not a career. For some people their music is their career. If people stopped paying you for whatever it is you do during the day (you do work right?) wouldn't you get a little ticked?

    -Rich
  • When RIAA claims that Napster is the cause of decreasing singles sales, they commit the same error. It is incorrect, but fun, to take their own logic error, and applying it towards themselves.
  • You know, 10 years ago (hell, 5 years ago) the RIAA's claims would have gone unchallenged. The problem with old media is that they can't come to grips with the dissemination of information that the Internet provides. They still claim they're making no money, that revenues are down, and they try to use the Internet as a scapegoat, when in reality it's their own reluctance to change. We still occasionally hear that movie companies, record labels, television station, etc., are either losing money or just breaking even. This worked years ago when nobody could check they numbers or question them. It always seemed odd that a CD cost $20, 10 millions copies sold, a tour sold out across the world with tickets costing $50 a pop, everybody was wearing the band's t-shirt, and every station was playing their latest single 20 times a day, and yet the label wasn't making money. Same goes for the movies that grossed $300 million.

    Now, the numbers are easily accessed, and the companies try to put use the same rhetoric. "We're broke, sales are down, blah, blah, blah", but nobody believes them because the numbers are there, and people can add. Now, if you're pulling in $14.6 billion in revenues, what possible reason would there be to raise prices? Could it be greed? The mentality is skewed. They assume that by charging more, they can sell the same amount and therefore make more money. Do these people not realize that if I have the option of buying a Dave Matthews Band CD for $15 instead of $25, I'll choose the $15 one? And if the cheaper option is taken away, then I won't buy it at all. Disposable income isn't infinite. If they would lower the prices (like we were told would happen once CD became an accepted medium), then they would sell possibly millions more, and increase their revenues to even more ridiculous heights.

    But no, the media companies still rely on lies and deceit to cover their collective asses. I had nothing but respect for BMG, saying "if you can't beat 'em, join 'em" and hooking up with Napster, realizing the possibilities. And now I have even more after the "it wasn't a good music year" quote. Honesty is a refreshing change of pace in this industry.

    However, the Napster arguement is unfounded from both sides. To say that it's hurting sales is ridiculous when sales are up. To say it's helping sales is just as ludicrous when there's nothing to prove causation between the numbers. Sales are more likely up due to the mega-pop-stars of the last couple years, Britney Spears, N-Sync, Backstreet Boys, etc.. These groups are some of the only people who can sell out 60,000 seat arenas and sell millions of albums in their first week. Manufactured fame is pulling in a lot more money that real talent these days.

    However, the RIAA has every right to be scared. True, Napster isn't hurting them today, but if they continue to refuse to embrace emerging technologies, continue to raise prices, and continue to rip off their artists, then it will eventually hurt them. Look at many European countries (especially Russia and former soviet states), piracy there makes North America look like we're just making copies of a friend's tape. Billions are legitimately lost to bootlegs and pirated copies of music in these places. The RIAA's fear is that the U.S., their most important market, will follow suit in the coming years. What they don't realize is that they are driving this market away with their own greed and short-sightedness.

    In an ideal world, people would use Napster to download rare singles, covers, live concerts, and other material not readily available. Fanning's creation would be used to get that song I just heard on the radio, check out a couple other titles from the band, and then I'd go out and buy their CD for $10. (Or better yet, DOWNLOAD IT FROM THE LABEL'S SITE for $7 + s&h for the actual disc). However, this isn't an ideal world, and while a good number of Napster users do exactly this (minus the CD only costing $10), many others use it for free music. Maybe this is due to cost, maybe it's just due to the fact that many people have the "why pay for it if I don't have to?" mentality. But it's my opinion that having a good-sized CD collection is a bit of a status symbol, and that the money spent by the people who use Napster to sample bands outweighs any revenue lost due to the people who download the whole album and burn it to a CD.

    Besides, everyone knows that the real money comes from merchandise sales and concert attendance. Both of which Napster use can only increase.

  • Crap, I haven't seen a new one of these in years. You mean to say they've been making them all this time? Who the heck buys them anyways? I mean who doesn't own a cd player?
  • a spin is still a spin.

    Well, no. I'm looking at the numbers in context. The RIAA is focusing solely on 1% of their market which saw reduced sales, and making out of it a much bigger deal than it is.

    from a cursory scan of the original post (and, if I'm in any way wrong, feel free to shoot me down) he at one point designates the CD singles base as "1%", then later recognizes it as "8%". Which is it?

    CD singles are 1% of the total revenue (my spreadsheet says 0.9963%).

    Cassettes, cassingles, vinyl LPs, vinyl singles, and music videos together are another 6.748%.

    So the total non-full-length-CD market is 7.744%, which I called 8%.

    (Four significant figures is as close as I can get, because there's roundoff error; the total revenue on my spreadsheet for 2000 is $14,323.7 million but the RIAA claims only $14,323.0 million.)

    single sales have to be viewed in light of the artist. ... their older brothers came around and downloaded Napster for the family machine.

    Look at it this way. If CD single sales had dropped entirely to zero, it would only have decreased their total revenues by 1%. Meanwhile, full-length CD sales from 1999 increased the RIAA's income by 2.3% of total revenue from last year.

    As I mentioned, the digital audio sales are up from 1999; it's the analog and video sales that are down.

    Jamie McCarthy

  • I say let the RIAA piss off their customers. I was happily using Napster, or getting sample MP3s in other ways and buying CD's for a long time. Now, the RIAA has gone too far. I WILL NOT UNDER ANY CIRCUMSTANCES puchase another shrink-wrapped CD. Luckily, blank CD's are nice and cheap, now. There are probably lots of people who feel the same as I do. It may take a while, but the RIAA will figure out what they did wrong when it's too late.

  • unfortunately you're preaching to the choir here, the real trick would be to get this article on CNN ;)
  • Maybe true. But slashdot caters to a croud that obviously has a huge interest in free music. Or just music in general. There are also other issues at work here.

    We are possibly watching the breakup of a major cartel. My parents had VietNam. I've got the dawning of the digital age. A digital world impacting huge corporations that spend 200 million dollars a year just in legal expenses. Why does Napster get more bad publicity than the PROOF of the Big-5 collaborating and setting illegal prices in stores?? Proof that Bo Didley has no money to his name, yet created Rock & Roll??

    Maybe I'm the guy who ran to Canada instead of going to VietNam, and you're the ROTC punk who thinks it's your duty to go to war. Whichever was right or wrong, it's still a controversy today, much like this issue could possibly be.

    Rader

  • Napster has actually encouraged me to buy more CD's. Before Napster, it was impossible to tell which albums by an interesting artist were good, so I tended to only buy stuff that I'd heard on the radio recently. Nowdays, let's see, I'm reading a review where this guy says he was influenced by Nick Drake and Leonard Cohen, let's go do a web search on Nick Drake and Leonard Cohen, hmm, those guys look interesting, what albums did they put out? Hmm, let's listen to a couple of songs off of this "Pink Moon" album. Sounds pretty nifty, think I'll go buy it. Hmm, Patti Smith? Wonder whether she was any good. Naw, don't like that sound. Don't buy it. But they're still $15 ahead of where they would have been before Napster.

    -E

  • I used to buy 20-25 cds a year, but after the RIAA and bertelsman/seagrams decided to campaign to destroy my rights, as well as the rights of musicians, I swore I would buy no more.

    In the last few months, I have backslidden, and bought about 4 new cds. I honesty feel bad that by buying their products, I am harming myself, musicians, and (to an extent) all people everywhere.

    BTW, I have never used a "free" music service except for free downloads from mp3.com, and have never infringed.

    Buy a cd, buy a microsoft product...and I/we erode everyone's rights.


  • Napster has not been viewed, at least that I have read, as a revenue mining mechanism. I use a napster-like service, but never download music that I would purchase. CDs still provide better sound quality, which is not important for those "remember that" songs that most people I know tend to download. If this is the case for most people, the RIAA might want to reconcider the offer as it is pure "gravy" or revenue that they would not ear anyway. As for singles, maybe people are tierd of the format. Afterall, radio seems to overplay any cut released on a single format at a much faster pace today. I am also of the opnion that music offerigs in the last few years have become less desirable. Maybe the RIAA shold look into original artists instead of chasing the next copy-band?
  • Just because a vast majority of the free & democratic news outlets parrot what the RIAA says doesn't make those news outlets any less free.

    That's true, on some theoretical level. The problem is that many people equate free with unbiased. Of course, bias is a part of any opinion or story, but people generally view the media as being an accurate representation of what is going on in the world. Clearly, it is not, and that is unacceptable. Don't tell me to quit bitching when these pathetic media outlets blatently lie every day. Some level of integrity is needed. And yes, I also know we all have a responsibilty to get out there and help end the problem.
  • Oh, they will though! They've already got DECSS and now MPEG4, and bandwidth going up... newsgroups with bootleg movies out there already. VCD tools, etc.

    MP3's hit supernova just when compression was at the magic point with bandwidth. It'll only be time before trading movies is the same as mp3's.

    Rader

  • 1% for CD singles, 8% for everything excluding full length CDs (tapes, cassingles, videos).

    Point two is still a good one.

  • by Anoriymous Coward (257749) on Monday February 26 2001, @11:25AM (#401146) Journal
    instead of full albums of songs they haven't be clandestinely programmed into about

    You weren't by any chance translating video games from Japanese to English in about 1989, were you?
    --
    #include "stdio.h"
  • I hate to repeat the obvious, but the reason that the media reported the losses the way they did is because of who owns them.

    ABC is owned by Disney(who owns many record companies) for example.

    Any major record label these days is owned by a company that owns atleast one(upto 50) tv/radio stations, not to mention newspapers.

    The point is is that almost all media is biased. Period.

    P.S. I've bought about 30 CDs in the last 6 months. All of them from Half.com.
  • Ah, yes, now I remember. Such smells are easily forgettable, even after a short time out of "this fucking hole we call L.A." (care of Tool). I spent 6 months of hell there, and finally moved away. I'm happy now.

  • don't bullshit me that it's not a few hours of work, because it is. Programming is the same thing. Sure it make take me years to improve my skills, but the chances of me ever getting paid $20,000,000 USD for one song/program are next to zero

    Actually, it is more than a few hours of work. for every song that gets written, there are a hundred more that just never quite seem to work. It took you years to improve your programming skills, and it's taken me years to improve my musical skills (15 so far). Additionally, music is a much more expensive than programming, and musicians are far less likely to get paid than programmers. Also, a musician is totally exposing themselves to their audience. Hopefully not in the pornographic sense, but certainly in an emotional and spiritual sense. The audience can tell if you aren't and will quickly lose interest. That aspect is simply not present in programming and that's why this isn't a very good comparison.

    Back to the getting paid thing, I would say that it is fairly likely that your programming skills will earn you over 1,000,000 USD over 15 to 20 years. My musical skills, on the other hand, have cost me roughly 15,000 USD over the last 15 years with absolutely no return at all. This is the case for the vast majority of musicians. If someone were to decide that one of my songs were worth 1,000,000 USD tommorrow, that would put me roughly on par with what you will most likely make in 15 years of programming. The problem, of course, is that while you get to keep your 1M USD, I have to pay 200k to the record company for producing the album, another 200k for equipment to tour in support of the album (not to mention the cost of having to spend a year away from my wife and daughter), and the rest is split up between the band members. My last band had 6 members, which means 100k each. 100k for 15 years of work. You call that a big payoff? You would be surprised how many big musicians have had to file bankrupcy at least once, some even at the peak of their success (TLC comes to mind, but I know there are many others). The honest truth is that the only people making money off of music are the big record companies.

    I think what the RIAA is really afraid of is that musicians now have other channels through which to distrubute their music. It isn't really digital music that scares them, but their own impending irrelevence.

  • The question is not profits, but property rights, and anything else is a totally extraneous question.

    Except that copyrights are not property. They are a limited-time monopoly right conferred by the government.

    Property is tangible; rights are not. Property can be stolen; rights can only be infringed.

    The RIAA/MPAA/SIAA are relying on the misconceptions they've sown over the past few decades to confuse the debate, to get people arguing over the wrong things while they loot your wallet and strip your rights. Be smarter than that.

    Schwab

  • Just curious, but was there a point to your post? If not, just as good...

  • This is by far the best Slashdot article posted in the last few months. We need more investigative reporting like this. Excellent work, jamie. You've tossed a gem into what is otherwise turning into a huge pile of worthless coal.

    --

  • oops, double post *bang* *bang*

    And instead of Lars Ulrich / Metallica giving a bitter taste in our mouth, it'll end up being Tom Cruise and his wacky Scientology bunch beating up 14 year olds for downloading movies. (See www.romp.com for flash-references)

  • Big Oil has, up until recently, been against alternative power sources. Only now that it's becomming abundantly clear that the oil supply isn't going to last another 50-80 years do we see their tunes change. Now we find companies like BP having an increasing interest in developing solar power technology. Why? They know their number is up and are changing to fit with the times so they can survive.

    I think that oil companies are far more concerned about environmental issues, both from a customer perception and a regulatory viewpoint. The amount of true alternative-energy research being done by these companies pales in comparison with the amount of oil they are selling. They are, however, tyring to "look green", since the next generation of oil consumers are the same enviro-nuts rioting in Seattle.

    There also is the risk of severe carbon regulation if fear of global warming becomes significant. In which case, the oil companies will have to figure out how to make money without emitting CO2.

    But in terms of oil running out, there is no indication that this will happen within a timeframe important to the oil companies right now.
  • So, in short, the RIAA's claims about lost revenue are FUD, but they know that if Napster survives long enough, they won't be.

    FUD their claims may be, but if Napster is victorious, we'll see even more massive consolidation [lg.ehu.es] of content/distribution and hardware/software.

    We'll be awash in memory sticks, minidiscs, and other check-in-but-don't-check-out formats. There are only four big record companies now, and they will all be owned by hardware manufacturers soon enough.

    Matsushita/AOL/Time-Warner... that's got a nice ring to it.

  • It's more than a few hours. It takes me about twenty minutes to write one minute of music, and I'm *fast* compared to every artist I know.
    Supposing that a band is composed of four people, and they practice a song individually ten times before meeting together to practice it ten times, and then recording it, which consists of sound checks between *every* song (unless you want the sound quality to slowly go out the window as your recording session goes on), and recording each part individually (if you record several parts at once, you can run into a LOT of balance problems), say, five times just to make sure there's no noticeable mistakes...
    So to produce 25 songs of 3 minutes each (since 1/5 to 2/5 of songs don't make the cut for the CD) takes 25 hours to write, 50 hours individual practice, 12 hours group practice, and 25 hours in the studio... Assuming that the songwriting and recording is split equally among all four people, 25/4+50+12+25/4 hours per person is 74.5 hours per person for what is probably less than 45 minutes of music. And as the band size goes up, it takes far more time to practice it as a group.
    I'm not even including instrument sound checks, tuning, warm-up, etc. in the total time, either. That's almost two solid weeks of work at forty hours per week, and doesn't include the tours to back it up. Because there's no way in hell people are going to buy your cd unless the radio plays you or they hear you play on tour somewhere, and everybody knows the radio sucks.
    Assuming a small tour of twelve gigs in two weeks, that each pay probably a few hundred dollars, that's another two weeks down the drain. Not only that, but you've only earned a measly six grand to split between the four members, AND all the roadies you hired, AND the manager that planned your tour, AND to pay for the vans, AND to cover the cost of the rented equipment you had to take (since you can't ensure that any gig will have a decent P.A. system already there).

    Never mind recording studios, they're often $20/hour or more, and that's for the cheap ones. Since you spent the good part of a week for CD production in the recording studio, you probably managed to throw away about $500 there.

    CD production isn't cheap, either. Between the costs of pressing a CD ($500/2000), having the artwork printed onto the CD ($200/2000), having the inserts printed and the CD put in a case ($300/2000), you've used up another $1000 per 2000 cd's. Yes, fifty cents per CD, but the minimum purchase is often 2000.

    So you've now spent (assuming the tour only cost about $15,000), roughly $20,000 from start to finish, and managed to scrap up $6,000 income. Congratulations. One month's work and you've *lost* $14,000. Not to mention that, but in order to get radio airplay, you often have to send the radio stations the CD. True, they pay royalties, but over a year's time you'll only make a few dollars form each station. If the song was popular. For, say, 1000 stations nationally, with $3 shipping each, you may make a few hundred dollars of radio sales. But you'll probably just lose money their.

    Now to ship to the music stores. Another several hundred down the drain. You've made a total of -$16,000.

    So you can't afford to tour again yet, or to record more songs. So, in the meantime, you practice the songs so you can pull them off really well live, in the event that the CD sells well enough to back another tour.

    Just think, there's three other band members who have been living out of their bank accounts for longer than one month now. If you're lucky, they still have some money left, because chances are your CD won't really start to sell for another few months.

    A few hours? Well, maybe.
  • by Ted V (67691) on Monday February 26 2001, @09:36AM (#401179) Homepage
    In related news, studies have shown that people who own BMWs are richer than those who own Volvos. According to top economist Richard P. Fudgemocker, "This is proof that the key to financial success is spending money on an expensive car."

    Earl Worthly, a certified financial planner, supports Fudgemocker's claim. "I encourage all my clients to buy expensive cars because of the strong link between owning expensive cars and high salaries. Most of the time a BMW, Lexus, or Mercedes is sufficient. But sometimes one of my clients is in dire need of financial assistance, or just wants to fast track. For them, I recommend a Porsche or Lamborghini."

    Volvo dealers are outraged by this news. Many Volvo customers have attempted to return their cars. "I can't believe I bought a volvo, jeaprodizing the 20% raise I received at my job!" said Mary Edgerman, a recently promoted manager at UA-Corp. "I owe it to my familty to buy a far more expensive car. What if I got a pay cut because of my Volvo?"

    Most major auto manufacturers predict a shift to higher end cars, trucks, and SUVs. An anonymous Marketting executive at GM confirmed that prices will drastically increase for their entire line of Cadillacs. "It's scientifically proven that expensive automobiles are the key to financial success. At GM, we offer even more financial stability by raising the sticker cost. We're banking on a 10% increase in sales, but 15% wouldn't suprise us either."

    Film at 11...
  • Big 4? Honestly... What happened to Bitg Guy #5?

    Rader

  • Folks,

    I think one of the reasons why there seem to be much haggling over Napster is the very fact that here in the USA, the average album-length audio CD costs anywhere between US$13 to US$17. In some countries, it's even MORE expensive: the cost of an album-length CD in Japan is around 3000 yen (about US$26 at current exchange rates).

    This, in my opinion, is pretty much extortion pricing for music. I can understand the high prices of audio CD's during the early days of the format when pressing plants are few and very expensive to setup, but we've advanced technology to the point that commercial-quality CD's are actually less expensive to manufacture than the old vinyl LP's.

    Anyone who's taken a first-year college course in economics know this is essentially cartel pricing. Because there is much incentive to undercut cartel pricing, that's why things like Napster and Gnutella came into being.

    The RIAA needs to stop sticking its proverbial head in the sand and do what should have been done a long ago: lower the price of the average album-length audio CD to between US$8 and US$9. And the RIAA should propose a standard to sell music digitally online at a rate of around eight US cents per minute, which would translate to about US$4.80 per hour.

    With digital music distribution like that, the record companies could actually make a massive windfall from online sales. Imagine having their entire music collection stored on high-bandwidth servers, and sold to customers at a rate of eight cents per minute. Remember, you don't need to factor in the cost of CD production and packaging, which means much less overhead and bigger profits.

    In short, the RIAA shouldn't be fighting technology, they should be finding a way to embrace it.
  • there are the marketing droids to upkeep, sound engineers too ... a bunch of people in the recording process that need money

    Actually, those costs aren't payed by the record company. In most cases, marketing costs are payed by the band that records the album, deducted from their royalties.

    Teamsters need to get paid to drive those trucks from manufacturing to the stores.

    Nope, they get paid by the retailers (in every retail store I've been in the cost of shipment is paid by the receiver, not the shipper.)
  • heh. Actually, I do know the solution, and yeah you're correct. Stuff like this just depresses me.

    1) I don't buy all that many cd's nowdays, and of those I do, most are from small labels anyway. I fully embrace mp3's, and wish all artists had some sort of street performers protocol setup so I could donate money that goes to them and not some marketing machine...

    2) I try to do this to some extent, often people think I'm strange since they're so brainwashed by consumer culture, however. It's easier with cd's, since the price is so rediculous and has actually gone up over the past 5 years or so.

    3) Well, you can only do so much, and admittedly I haven't done any voluteer work, although I want to. I wouldn't mind doing some culture jamming [amazon.com].
  • by Christopher Bibbs (14) on Monday February 26 2001, @08:45AM (#401201) Homepage Journal
    Of course, you also have to take inflation into account. If you don't grow by that rate then it is effectively a loss. Also, we're talking revenue, not profits. I don't care if they take in $100,000,000 US, if the costs are sufficiently high the revenue is moot.
  • an all time low.
  • You musicians out there, do you feel it is your right to be able to live for the rest of your life off of a few hours of work (songwriting/recording)? And don't bullshit me that it's not a few hours of work, because it is. Programming is the same thing. Sure it make take me years to improve my skills, but the chances of me ever getting paid $20,000,000 USD for one song/program are next to zero, while no-talent boy-bands (that's right N-Sync, Backdoor boys, I'm talking about your dumb asses) rake in the dough because the cartels control the distribution of nearly all music. Do you like the fact that your industry is more akin to a lottery than to art?
    Wow, I'm not even sure where to start with this.

    Okay, let's say you're in a band. First thing you have to do is practice, learn to play well together -- but of course, you only have to do that once. Then you'll spend a few months or more writing and perfecting songs. Then, depending on how much cash you have and whether or not you have label backing, you'll spend quite a while in the studio recording it. We're already way beyond 'a few hours', but it isn't necessarily as time-consuming as a full-time job.

    Okay, the CD is recorded and pressed, singles sent out, and so on. It's a hit. The singles are on seemingly infinite loop on radio stations. Now the band sits back and watches the money roll in, content from their 'few hours' of work, right?

    Um, no.

    All of a sudden, everyone wants to see the band. They're being booked for interviews by TV shows and magazines. And then the tour: several months of flying or driving from point A to point B to point C, doing shows every few nights, sometimes even every night. And in between you're making little station ID recordings for radio stations, making more guest appearances, doing more interviews, or stewing in your hotel room. Once it's all over, you get a few months to try to regain your sanity, and then you do it all over again.

    Doesn't really sound like 'a few hours of work' to me.

    I'm not trying to justify the kind profits the music industry makes, especially not the labels. Just realize that most bands who try to make a living off of music are working their asses off, whether they're massively popular or not. Go watch "Meeting People is Easy"; it's a movie about Radiohead, basically following their first tour after OK Computer got so popular. I don't call that the easy life people seem to think music stars have.
  • by Lazarus Short (248042) on Monday February 26 2001, @08:46AM (#401235) Homepage
    Hey, I'm as much of a fan of Napster as anybody, and I agree that the RIAA's claims are consistently whacked, but everyone repeat after me:

    You cannot declare that X has affected Y to degree Z, unless you can observe Y in the absence of X.

    In other words, unless someone can open an interdimensional portal to some alternate universe in which Napster doesn't exist, all of these claims of revenue being up or down in particular areas are meaningless. There are a countless number of other factors that could be influencing sales of CDs, cassettes, music videos, etc. Saying that Napster is solely responsible for any of it is absurd.

    --

  • by pmc (40532) on Monday February 26 2001, @10:46AM (#401239) Homepage
    You cannot declare that X has affected Y to degree Z, unless you can observe Y in the absence of X.

    Well, we have

    • Historical Trends - given the state of the economy, how many units would we expect to shift?
    • Other countries - can the level of internet use in a country be correlated with the change in units shifted? Assumes you can correct for differences in economy, musical taste etc (which I think you can, as they market in these countries).

      Intra country - can you link places with more prevalent high speed internet connectivity with changes in units shifted.

      Intra market - can they correlate the type of music that internet users like (or hate) with changes in the units of these types shipped

    It's called market research, and to even suggest that such things cannot be calculated (to varying degrees of accuracy) is naive - they can do it to measure the impact of advertising, so they can certainly do it to measure the impact of Napster.
  • by Chris Johnson (580) on Monday February 26 2001, @03:16PM (#401336) Homepage
    I saw this argument made in a gathering of professional sound engineers and while (they're on the payroll) Napster got well trashed, the justification I was given for the cartel pricing was _quite_ unexpected.

    It seems that actual manufacturing costs are almost meaningless, because it is _promotion_ that costs all the money.

    This is a little startling, but bears up to examination- even in the 80s, independent promotion was something like 60% of the labels' expenditures. It might be more well known as payola- the more things change the more they stay the same. If I remember correctly, CBS (the biggest label in the business at the time) attempted to break the back of the independent promotion network using Pink Floyd's 'The Wall' as a weapon: Floyd was touring and were launching the tour in California, and had a killer single, "Another Brick In The Wall pt. 2". CBS tried to get radio play on top 40 stations in LA for the track without paying off the independent promoters- and were frozen out completely, no airplay at ALL for Floyd. Eventually the band was made aware of what was happening and asked why they weren't getting radio play, and on being told, kicked up a stink and told the label, "So pay them already!" CBS did, and within 6 hours Floyd was being played on the radio...

    This is not to justify the state of affairs- the independent promoters were linked with organised crime and if you want a _real_ cartel, try organised crime- but it is important information on where the money _really_ goes. I believe it is quite true that not all that money goes to RIAA execs' pockets. They have to pay off a staggering number of sleazy operators- in fact, even the rack jobbers have been consolidating into a power structure so now the labels have to spend money selling their CDs into stores like Wal-Mart! They entertain the reps from rack jobbers, have bands give command performances for them, and all this also costs money. It's revenge of the middleman, taken to the most incomprehensible extreme.

    I think the RIAA are probably doomed _because_ so many middlemen (promoters, radio, rack jobbers) can and will take a big chunk out of them as the brick and mortar scene gradually, slowly fades... it's easy to get all haughty about fat RIAA execs slurping drinks in Ibiza but the reality seems to be that they're struggling to hang onto _moderately_ wealthy status- they're pulled too many different directions and have to pay off way too many middlemen, who cannot be made to go away.

    I could almost be sympathetic. Almost.

  • by Lazarus Short (248042) on Monday February 26 2001, @08:55AM (#401338) Homepage
    Why are they fighting Napser, even as their profits increase?

    It's simple. They're control freaks.

    More to the point, they recognize Napster as a long-term threat. They know that as long as they control the mainstream distribution channels, they can continue to make obscene profits. But Napster

    1. Provides people access to independant artists and groups, who as they become more well known, become poised to seriously compete with the groups that RIAA memebers control. And as the armchair economists are all so happy to point out, more competition leads to slimmer profits.
    2. Makes people seriously think twice before popping down $15 for a CD. Now, as long as bandwidth, mp3 quality, and hard drive space are issues, they're still going to buy the CD, which is why the RIAA's profits haven't been hurt yet. But those things are techincal issues which are becoming less and less of a problem every day. Soon enough, people will stop buying as many CD's, and the RIAA's sales will plummet.
    So, in short, the RIAA's claims about lost revenue are FUD, but they know that if Napster survives long enough, they won't be.

    --
  • How long will it take before the uncontrollable throng of adolescent geniuses that big business hates and fears comes up with something better than Napster? About three months probably. Maybe less.

    Which is rather ironic if you think about it. Teenagers are the demographic to which the RIAA companies most rabidly market. Why? They are the ones that will purchase 1.1 million copies of the new N'Stink album in the first week.

    You live by the teen, you die by the teen.


    -------

  • by Hard_Code (49548) on Monday February 26 2001, @08:57AM (#401373)
    Why would RIAA want Napster to make them billions when they can make N*billions themselves by knocking Napster out of the picture?
  • The RIAA and the record cartels want to completely control the distribution methods of their products. Before, they could threaten manufacturers not to make DAT tapes, and not support Mini Discs, but now, they can't do shite about MP3's.

    They can no longer control the price of their "product", and that threatens their ridiculously high margins.

    Why should an industry that is worth $40 billion USD only be provided with product by, oh, let's say, less than 50,000 musicians. And let us also say that less than 1,000 of those musicians make more than $1,000,000 USD per year.

    Where does the rest of that money go?

    Another question I'd like to ask:

    You musicians out there, do you feel it is your right to be able to live for the rest of your life off of a few hours of work (songwriting/recording)? And don't bullshit me that it's not a few hours of work, because it is. Programming is the same thing. Sure it make take me years to improve my skills, but the chances of me ever getting paid $20,000,000 USD for one song/program are next to zero, while no-talent boy-bands (that's right N-Sync, Backdoor boys, I'm talking about your dumb asses) rake in the dough because the cartels control the distribution of nearly all music. Do you like the fact that your industry is more akin to a lottery than to art?

  • by dachshund (300733) on Monday February 26 2001, @09:01AM (#401433)
    their revenue would be up $739,000,000 over last year. And up $1,600,000,000 from 1998.

    Well, not exactly. The Napster settlement was actually 1 billion over several years, totalling $150 million/year divided out amongst the big 5 and indie labels. It would have made a dent in those numbers, but not as big as you say.

    I'm not defending the RIAA, just trying to explain why they rejected the offer. $30 million per label per year isn't a lot of money, compared to what they're afraid they'll lose to Napster. Of course they're going to lose a lot more due to bad decision making, but they are a fairly short-sighted profit-driven industry.

  • by StRobinson (175747) on Monday February 26 2001, @09:04AM (#401457)
    The BBC site has feedback forms [bbc.co.uk] which seem ideally suited to this sort of crap.

    I would argue that this article constitutes a "factual error" [bbc.co.uk], but you could also just send a good, old-fashioned complaint [bbc.co.uk].

    Or, maybe a "suggestion" [bbc.co.uk] about where they can stick their doctored statistics.

    Give 'em hell. A few thousand complaints should show them that we won't let propaganda like this proliferate.
    - BMO
  • by Mr. Slippery (47854) <tms AT infamous DOT net> on Monday February 26 2001, @09:05AM (#401466) Homepage
    Is what you are doing right? Would you like someone to take something you made without compensating you for it at all?

    You are reading - "taking" - my words right now.

    You are not compensating me one bit. Oh, I am wounded!

    Seriously...if someone got a hold of one of the minidisc recordings of my band's practice sessions and found it so intriguing that they made copys for their friends, or put it up on Napster, I'd have no problem with that at all. (Providing that it was properly credited as our work.)

    Some might say this is okay, but if you don't make anything off of what you do, why continue to do it?

    Do you make any money for making love to your SO? Why continue to do it, then?

    Come to think of it, my dogs aren't making me any money. Hell, they cost me hundreds of dollars in vet bills a year. Guess I ought to sell their furry butts.

    Tom Swiss | the infamous tms | http://www.infamous.net/

  • by joemaller (37695) on Monday February 26 2001, @09:11AM (#401467) Homepage
    The slashdot community should know better than anyone that what matters most is information. Not inconsequentials like truth and accuracy. The RIAA is winning the war of information. My mother mentioned this report to me before it was posted here. False stories get headlines, retractions and corrections get small paragraphs at the bottom of page 3.

    Most likely Napster is dead already. But this isn't completely a cause to mourn.

    Most recent revolutions in digital media that have solid-media business shitting themselves have come from bored or curious teenagers and college students. CSS was cracked by a 16 year old. Hotline was created by a teenager. Napster (a conceptually modified Hotline, though no one mentions it) was set up by Sean Fanning when he was 20 or 21. Even Netscape was lead by Marc Andreesen before he graduated college. (please be gentle with slight factual errors, that was recounted from memory)

    How long will it take before the uncontrollable throng of adolescent geniuses that big business hates and fears comes up with something better than Napster? About three months probably. Maybe less.

    The RIAA has introduced a new market force. The capitalist mantra has always been "competition fosters innovation". This is the beginning of litigation fostering innovation. I'm sure this isn't what the RIAA and MPAA really want. Napster basically had a monopoly on peer-to-peer MP3 sharing. If that is monopoly is shut down, the marketplace will be thrown open to innovation, however a pure copy will not work. The RIAA lawsuits have established a clear technological baseline. Every spawn of Napster will have to start that much higher. And they will.
  • I heard about this number yesterday, and you know they're going to argue it left and right (Mind you, I do believe Napster as it was was in the wrong, but not to the extent RIAA wants us to believe). There was another article in today's Chicago Tribune (but carried by AP, so probably in everyone's major paper somehow) that talked about the creator of DeCSS, and out of 4 1/2-page columns, only one sentence mentioned the purpose of DeCSS (linux dvd viewing), and most of the rest on how DeCSS can be used to copy movies left and right.

    Even if the media outlet is not owned by any subsidary or company of RIAA or MPAA, they are going to be biased because they have a strong urge to make sure copyright controls stay as 'strong' as they are. If, say, the Napster or DeCSS case overthrew strong copyright protections, then a site like NYTimes could easily watch as a free outlet scoops up all the articles for the day and posts them themselves; the work done by NYTimes writers, but benefits reaped in by another. Of course, I do believe that a significant fraction of media outlets do respect fair use issues, which is why DeCSS in general gets a more favorable light by some of these compared to Napster, since the media themselves rely heavily on fair use for publishing.

    But again, this all boils down to statistics and how well you can spin them. I agree with others that there is no control case here: you need to compare the change of sales in a situation with and without Napster with all other conditions being the same, which is practically impossible. So we can spin them to say they're invalid, or RIAA can spin them to say they lost 1/3rd of their profits. The only somewhat justifiable comparison is to show the change in sales over the last twenty years on a year by year basis, incorporating the number of potental buyers (weighted age-group averages) and number of CDs available (again, weighted interest averages). I would suspect that the trend is higher, and if not only that, mimics the general trend in the GNP or other consumer price levels, such that you'd see the dip from Reagen-omics and the increase from the latest improved economy.

    Which all means that CD sales haven't been affected at all by Napster, much less any other factor more-so than the economic levels.

  • by RayChuang (10181) on Monday February 26 2001, @09:49AM (#401487)
    Larazus,

    With the price of 30 gigabyte ATA-100 hard drives approaching US$120, the issue of disk storage for music is no longer an issue. Especially with .MP3 format and the new Open Source music formats now in development, which stores high-quality music at a rate of one megabyte/minute or less.

    This is why somebody should be kicking the RIAA around and tell them you can make a profit on online music sales if you price it at a rate of eight US cents per minute (US$4.80 per hour). With online sales, you can subtract out the major overhead of stamping out CD's, manufacturing the packaging and shipping the completed CD's to retailer.