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Music Media The Internet

Recording Industry's Unexpected Benefit from P2P 335

Matthew Schultheis writes: "Yahoo / AP is reporting that the record industry is using the files traded on Kazza et al. to track where music is popular. It turns out that they even pay for this information. 'It's the most vast and scalable sample audience that the world has ever seen'" Now if they could only use this data to somehow put out better music...
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Recording Industry's Unexpected Benefit from P2P

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  • by SUB7IME ( 604466 ) on Tuesday November 18, 2003 @12:49AM (#7499672)
    I have absolutely no legal background (that statement goes way beyond IANAL), but I'm sort of thinking that benefitting from a crime must be illegal. If the RIAA considers filetrading (of their copyrighted files) to be illegal, and the legal system agrees, then nobody should be using that data to then profit.

    (Just as we do not, for ethical reasons, use information that the Nazis gleaned from their experimentation on the Jews in World War II. Clearly the magnitude is nowhere near the same, but the underlying ethical principle is similar.)
  • by ShatteredDream ( 636520 ) on Tuesday November 18, 2003 @12:52AM (#7499691) Homepage
    work on creating a community site where bands can pay $5-$10 a business quarter to be listed with samples that can be streamed, that connects the bands to venues for say..... 5% of the proceeds and that lets users post comments about the band and rate their music? Then said label gets out of the old business of being a content producer and a service company for musicians providing them everything from merchandising to recording studios to instruments to music software? Basically become a service/product Walmart for musicians and fans as opposed to the current model of milking bands for records.
  • by MisterMook ( 634297 ) on Tuesday November 18, 2003 @01:33AM (#7499933) Homepage
    Now if they could only use this data to somehow put out better music...
    There's no incentive to put out better music though, when aggressively defending your cartel's monopoly gets you all the money that you need. And hey, let's face it: paying up a few million a year for lawyers and lobbyists to pass legislation and extort money from money poor students is chump change when you compare to the costs of changing their business model.

    If telephones had never been broken up, would we have ever had cellphones today except maybe in Europe? A powerful media outlet company has even more and broader powers than other sorts of monopolies, because of better access and because they're business is controlling what people want and think. I truly don't think that the music industry is evil, but they're as inertia-bound as any other large incestuously linked series of codependent corporations. If suing customers and softcore porn Britney clones make shareholders happy then thats what we get.

  • Hacking the Tracking (Score:3, Interesting)

    by Maestro4k ( 707634 ) on Tuesday November 18, 2003 @01:34AM (#7499939) Journal
    Perhaps my mind's a tad devious, but from what I read in the article about how BigChampaigne is operating, the "research" they provide to the record companies is very hackable. It looks like they're tracking requests on the Kazaa network, even if they only track requests to actually download a song (and is this even possible? I'm not up on the technical specifics of how Kazaa's network runs), then all someone needs to do is generate a lot of bogus download requests. No need to actually download anything, just as long as BigChampaigne's software logs the request. A fairly small group of people with access to lots of IP addresses could completely screw the statistics up in short order. Even a home user with DHCP could screw with the stats some, by sending out lots of requests for download on one IP, then requesting a new lease for a new IP. Lather, Rinse, Repeat.

    Now there's an idea, we could create a company that indy groups pay to have their songs spike higher in the download charts. Nothing illegal about it (well Kazaa's owners might not like it), since you wouldn't actually download the files. Ahhh, to toy with the minds of the RIAA, it'd be such fun. :)

  • Skewed sample? (Score:3, Interesting)

    by Galvatron ( 115029 ) * on Tuesday November 18, 2003 @01:36AM (#7499948)
    Isn't this going to be skewed towards music that people like enough to listen to (or even are just curious about), but not necessarily enough to buy? For example, I might download some Top 20 crap, because I've heard it and sometimes it's amusing (or even catchy). But the stuff I buy has to have a bit more replay value than that.

    Also, with these lawsuits going on, isn't that also going to affect the sample pool (by selecting out those computer savvy enough to change their shared folders, and increasing the proportion of people outside the USA)?

  • by lwsimon ( 724555 ) <lyndsy@lyndsysimon.com> on Tuesday November 18, 2003 @02:53AM (#7500295) Homepage Journal
    For once, I am going to have to side with the RIAA. Don't you DARE think this is goign to become a habit! Anyhow, just because there is an unexpected benefit form illegal filesharing doesn't make it right to share files. Don't get me wrong - i share files 24/7, and I am proud to do so. That doesn't mean i think it is ethical.
  • Marketing? (Score:3, Interesting)

    by Lord_Dweomer ( 648696 ) on Tuesday November 18, 2003 @02:57AM (#7500312) Homepage
    Since they are obviously profiting from our services as a test subject, don't you think we should be able to charge them for this? Maybe it could work out so that we get to use P2P without fear of lawsuits, and they get to watch our habits.

    I dunno, but I might just be willing to give them all the marketing data/interviews they need if I didn't have to worry about lawsuits or anything like that and got to continue to download all the free music I want.

    Oh wait, they can get the marketing data AND sue us, so I guess its more profitable that way.

  • Re:Who do they pay? (Score:2, Interesting)

    by me.nick() ( 320711 ) on Tuesday November 18, 2003 @04:06AM (#7500522) Homepage
    There are several companies providing this new service which they refer to as 'online media measurement'. One is BigChampagne [bigchampagne.com] . According to DMusic [dmusic.com] ,the labels pay upwards of $40,000 a month for these services!

    The hypocracy of the RIAA to condemn P2P as an illegal activity and then actually use it towards its own gains just further confirms its selfish motives.

    I'm not an expert in US law by any means, but can't this be useful in court against the RIAA somehow?
  • wow (Score:2, Interesting)

    by unitzero ( 725049 ) on Tuesday November 18, 2003 @05:11AM (#7500663) Homepage
    gotta marvel at the RIAA's ability to come up with new and innovative ways to shit all over us. just when I though I couldn't possibly be more disgusted with the recording industry, they come up with something new. the funny thing is, though, that the joke is still on them... I haven't bought a single CD in at least four years, and I really don't think that there's anything they can do to stop P2P, much less illegal music sharing in general. Any digital media which you are able to play back using a PC is inherently not copy-proof, and short of storming my home and confiscating my machine and my cable modem, I just don't see how they can actually stop me or anyone else from swapping music with someone else.
  • by mantera ( 685223 ) on Tuesday November 18, 2003 @06:32AM (#7500820)

    i don't know why you feel you have to clarify time and again that you do not condone or approve or whatever... the nazis were a product of a situation and an era... the "final solution" if such a thing existed was a result of the age of reason that saw such a course of action as rational... the catholic church and pope weren't even vocal enough about it... now some people continue to deny much of the atrocities and say they were grossly exagerated... i don't know about that, maybe, maybe not... but i know one thing... losers tend to be vilified and winners write history books...

    Just consider for example the Tuskegee Syphilis experiments; google for it... For forty years between 1932 and 1972, the U.S. Public Health Service (PHS) conducted an experiment on 399 illiterate black men who were lied to and a disease such as syphilis was deliberately allowed to take its awful course on them without treatment. here [infoplease.com]

    While you're at it you might wanna also google for the CIA mind control experiments during the cold war... they experimented on soldiers and mental patients, gave them high doses of drugs, hundreds of electric shock treatments per individual within a few days... and stuff like that...

    most importantly, had you or the person you responded to been living in nazi germany, you would've probably done the same. Just see the Milgram experiments [new-life.net]... google for them if you don't trust the source

    don't exonerate yourself; given the situation, we're all guilty
  • Re:Eh? (Score:3, Interesting)

    by Blue Stone ( 582566 ) on Tuesday November 18, 2003 @06:38AM (#7500832) Homepage Journal
    "What drives the world? Certainly not solidarity."

    I think you'll find that we're genetically hardwired to be co-operative social animals, even when it's not in our best interest to be.
    Scientific studies have shown [and I'm sure someone can find links] that people want to co-operate with others, despite it making better sense to be selfish.
    Selfishness may provide benefits, but these are generally short-term. To claim it's a virtue, is crass.

    You claim the poster to whom you respond doesn't understand what drives the world, but I doubt you have any a clearer view.
    Selfish acquisition drives some people, but to claim that that's all there is by way of world-wide motivation is ignorant.
    Solidarity does indeed exist, and is responsible for the great pool of knowledge we have; science, medicine, spirituality and culture.

  • by shomon2 ( 71232 ) on Tuesday November 18, 2003 @08:42AM (#7501086) Journal
    A few weeks back I pointed a friend to the creative commons website, so that he could look up information on copyright and see how it was moving forward. He was quite surprised and glad to see that things aren't the way he knew them to be in that area.

    The same happens with musicians. They don't tend to know about this. Especially young, talented people who don't necessarily get much chance to get on the internet. I remember as a teenager I would read in all the music magazines about the dream of one day being signed to a major. Nowadays to me that means mostly negative things - problems. Like a big bank loan and surviving on gigs, giving away your rights etc. But to others the dream goes on.

    Is there a good URL to point people to so that they can get clear concise guidance on why *not* to sign for one of the RIAA companies? Or even that showed what the options are, and examples of people like Ani DiFranco or companies like magnatunes and how to achieve their musical dreams and still avoid bad business decisions.

    The URLs [boycott-riaa.com] I find are always centred on how bad the RIAA is, or on the consumer side but there isn't to my knowledge a good musician centred site...

    Ale
  • Re:Eh? (Score:3, Interesting)

    by iconian ( 222724 ) <layertwothree@nOspAm.gmail.com> on Tuesday November 18, 2003 @10:17AM (#7501537) Journal
    Social cooperation does exist and selfishness is detrimental in some cases. An example are vampire bats.

    Vampire bats have notorious energy demands. They can die if they do not feed on a daily basis. Now occasionally there are nights when a vampire bat fails to find food. So what normally happens is that the bat is able to bum food off of a non-related buddy. Obviously, that buddy is losing resources when it gives food away. But the lost in the buddy is trivial compare to the gain in the bat that didn't find food that night.

    People who say selfishness is a virtue implicitly assume that resources and need-fulfillment are linear. In nature, the resources and need-fulfillment relationship is asymptotic; if you already have amount of resources, the need that each additional resource fulfill is marginal. In other words, $1 to a person who only has $1 is a big deal but $1 to a person who has $4 is less of a big deal especially if the cost of not have $1 is death.

    Going back to our bat example, let's say night two rolls along and the buddy bat fails to find food that night. Let's also say that the bat who didn't find food the first night was successful. Buddy bat tries to bum food off of the latter bat. The latter bat can either give or not give. If the latter bat chooses to give, then all is well for the buddy bat. However, if the latter bat decides not to give, then the buddy bat dies. The latter bat will invariably give. The reason is because the rest of bat community will black-list the latter bat for being selfish. There will come a night where the latter bat will not find food and will not be able to get help from others. On an individual level, selfishness is a bad thing. I leave it up to you to draw the parallels in humans.

    Do a search on google for "vampire bats altruism" for more details. If you are interested on the evolution of altruism, go google for "david sloan wilson". Evolution is not always about being selfish.

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