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EFF's New File-Sharing Scheme 244

carpoolio writes "Wednesday at the Future of Music's Music Law Summit, the Electronic Frontier Foundation proposed a new licensing plan so file-sharing sites can operate, and musicians can get paid. The idea is based on the ASCAP/BMI radio music licensing schemes. But still, the RIAA seems happy to continue suing, and wait for iTunes and Napster to catch on more."
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EFF's New File-Sharing Scheme

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  • Am I the only one (Score:2, Insightful)

    by Pan T. Hose ( 707794 ) on Friday February 27, 2004 @09:07AM (#8406937) Homepage Journal
    ...who after reading the article thinks that it might not work with Freenet very well?
  • by millahtime ( 710421 ) on Friday February 27, 2004 @09:07AM (#8406938) Homepage Journal
    Will it really be the musicians getting paid or the Labels?? If it's like CDs than it will be mostly the labels making the money.
  • Fair is good (Score:5, Insightful)

    by Anonymous Coward on Friday February 27, 2004 @09:09AM (#8406953)

    Artists need to be compensated for their work

    (except the ones that show you how hard they live on cribs , the show that rubs the consumers face in how much they fleeced you for)

  • Bad premise (Score:5, Insightful)

    by ObviousGuy ( 578567 ) <ObviousGuy@hotmail.com> on Friday February 27, 2004 @09:10AM (#8406956) Homepage Journal
    The premise that you could get a significant number of file traders who already know and understand that they are in violation of copyright law to voluntarily cough up five dollars to pay for the 'right' to file share, when not paying has no consequence except the user's guilty conscience, seems to me to be a little more than optimistic.

    It is a good step in the right direction to show the record labels new and interesting ways to make money, but in the end any solution must rely on the power of the law to enforce the payment of artists.
  • iTunes works (Score:3, Insightful)

    by Anonymous Coward on Friday February 27, 2004 @09:11AM (#8406964)
    What's the problem with these guys? The music industry should support the online music services that already work, such as iTunes and Napster 2.0 . Suing people left and right will not help, on the contrary, sooner or later everybody will be so fed up with lawsuits against kids that the rights of the music industry will be curtailed. Wait till the first annoyed judge throws out a case as frivolous.
  • Useless (Score:5, Insightful)

    by Krapangor ( 533950 ) on Friday February 27, 2004 @09:11AM (#8406965) Homepage
    The music industry decides what licensing scheme to choose. And they'll surely take the one with which they can squeeze out a maximum of profit out of the hip-hop and goth kids.
  • by robslimo ( 587196 ) on Friday February 27, 2004 @09:12AM (#8406971) Homepage Journal
    as with ASCAP, etc in the radio market, I'd say it wasn't possible. With that precedent in mind, I think it (or something similar) will happen, just not very quickly because of the politics involved.

    1. RIAA is busy [over]reacting to file-sharing
    2. RIAA will never be able to stop file-sharing
    3. There's gotta be a compromise. Maybe this is it.

  • by e6003 ( 552415 ) on Friday February 27, 2004 @09:12AM (#8406972) Homepage
    Considering their real problem with file sharing is not the loss of money but loss of control over music distribution, anything that tries to tackle their public complaint whilst not addresing their real beef is bound to be rejected. Kudos to the EFF for trying but I think this is still 12 to 24 months ahead of its time. Congressman Boucher and Congresswoman Lofgren to the white courtesy phone please...
  • Re:Bad premise (Score:4, Insightful)

    by Arioch of Chaos ( 674116 ) on Friday February 27, 2004 @09:15AM (#8406979) Journal
    I think that there is actually a fair number of people who would be prepared to pay. As long as the price and other conditions are fair (e.g. no annoying DRM).
  • by rokzy ( 687636 ) on Friday February 27, 2004 @09:15AM (#8406984)
    er, orders of magnitude difference in what direction?

    seems like $5/month per person is a hell of a lot more than someone buying one or two $10 albums a year.
  • by RobotRunAmok ( 595286 ) * on Friday February 27, 2004 @09:20AM (#8407004)
    iTunes and it's imitators work. They are popular, past any analyst's imagining. What possible percentage is there for the RIAA to climb back up atop that great hill they only recently cleared just to piss in the well?

    You know as well as I that for every existing P2P client system that goes legit, two more "rogue" systems will pop up because "Music Must Be Free!"

    Through intense marketing, clever user interfaces, relatively lax DRM, and brutal scare tactics and legislative knuckle-dusting, the RIAA has begun to put the genie back in the bottle. You think they're ging to throw in with their ol' friends the EFF now? Sh'yeah...
  • Re:Hrmm (Score:5, Insightful)

    by e6003 ( 552415 ) on Friday February 27, 2004 @09:21AM (#8407006) Homepage
    That is the $64,000 question. Right now it can't be answered and the RIAA is determined it won't be, since of course loss of control over distribution is their real problem with P2P, not the potential monetary losees. If P2P were completely legal and say industry-sponsored download sites emerged, we'd probably see swapping not so much of the music itself but playlists. A lot more effective than admittedly useful practice of linking to independent/unsigned artists' web sites? This IMO is where the RIAA companies COULD go if they chose - there's the problem you touch on of of too much music available for everyone to plough through. There's a golden opportunity for a Google-like service to index all this music - whilst the function of the record companies that truly is obsolete is distribution, the function they might still usefully perform is filtering the vast array of music sources down to a user's persoanl preferences.
  • by millahtime ( 710421 ) on Friday February 27, 2004 @09:26AM (#8407029) Homepage Journal
    "If you stop paying, do you lose the rights to the music you downloaded?"

    Well if you canceled your service then they wouldn't know wether you had the music still or not. If they came after you and said you still had it then there would be an invasion of privacy if they knew for a fact. If they just came after figureing you would have kept it then that would not only deter anyone from using the service but also would have legal ramifications for going after someone like that.
  • by tompoe ( 581543 ) <tompoe@fngi.net> on Friday February 27, 2004 @09:33AM (#8407064)
    The premise for any proposal that promises musicians be paid for every download, seems missplaced. It's the Digital Age, stupid - - - - a mantra that must be repeated 1000 times anyone thinks BMI/ASCAP offer even a remotely legitimate role in our society.

    Performance rights can easily be handled through Digital Age Fan Clubs, who better, right? Time for ASCAP/BMI/RIAA/MPAA to disappear. Musicians are doing just fine, thank you.

    The Internet is the independent musicians' radio. Why take it away by imposing old business models on it?
    Tom
  • by agslashdot ( 574098 ) <sundararaman,krishnan&gmail,com> on Friday February 27, 2004 @09:34AM (#8407069)
    Your problem is better known in economics as "The Labor Theory of Value". Karl Marx was a huge proponent of the same. Predictably, Adam Smith & other capitalists totally disagree with it.

    You ask "Why should a quick tinkle on a xylophone be better rewarded than months of work on an orchestral masterpiece? "
    Why ? Because that's the way the world is. If you spend 8 hours a day building a highly creative straw statue in your backyard while I spend same 8 hours mindlessly slogging in a corporate IT outfit, guess who gets paid at the end of the month ? Your creative impulses are fine, but nobody wants your straw statue :( My labor has value because the market wants the end product. Your labor has value only to yourself. Deal with it.
  • by er_col ( 664618 ) on Friday February 27, 2004 @09:34AM (#8407070)
    There's gotta be a compromise.

    I think we are already past the point where a compromise with the RIAA is still possible. Most people will simply not accept any plan where the RIAA or its successor or anything similar to it is allowed to exist in any form.

    An acceptable compromise would be one where the artist is the one in control of the distribution of their work, and also the one who actually gets paid. Which is exactly the opposite of the current situation.

  • by CrosbieFitch ( 694308 ) * <crosbie@cyberspaceengineers.org> on Friday February 27, 2004 @09:40AM (#8407097) Homepage
    Nevertheless, it is possible that 100 people may be willing to commission a music score for $1,000 each - it's that valuable to them. Whereas, 100,000 people may be happy to pay $1 for a ringtone.

    In a fair market, the orchestrator would look forward to $100,000 rather than a measly $100, that the xylophonist who just happens to be able to do a 20second cover version of stairway to heaven can get.
  • Rules must be internalized - they always are. When's the last time the EFF composed a song, or signed up an artist ? The only rules that'll get accepted in any industry are ones that emerge from within that industry - not from outside. Now if a bunch of EFF folks join RIAA as management, and then propose these rules, that's different...
  • by nietsch ( 112711 ) on Friday February 27, 2004 @09:44AM (#8407119) Homepage Journal
    Please go read the artcile yourself.
    The 3 billion is overstated through, as it does not include lost sales via other sales channels like cd's etc., nor does it include the investments that the record companies need to make to produce the music.

    The other reason I think it will not work is because it is very disruptive for the established industry. It directly states that it aims to cut out the middle men like record companies and retailers. These people will not like to be pushed out of the way/job, and will defend the status quo with hand and tooth.

    On the other hand: it would be cool, as plain cd's will fall out of the market, they will have to offer something tangible that can not be shared over p2p networks instead. Record stores will transform into clothesshops?

  • by Endive4Ever ( 742304 ) on Friday February 27, 2004 @09:45AM (#8407126)
    "Is it Fred's turn to pay this month, or are you the one who is downloading this month? I have a few songs I'd like to get, if you've got time right now."

    The EFF is treading on thin ice. What have they produced to qualify them as participants in the discussion?
  • by EarwigTC ( 579471 ) on Friday February 27, 2004 @09:50AM (#8407155)
    Collectively charge for filesharing, and the labels will have to spend much less on marketing. Let things go unchanged, and the labels will have to spend much less on marketing.

    The reality is, they will make less money either way, and will need to reprioritize their spending either way. A collective plan, or charging a penny or less a track, are the only ways I see them adjusting to what the populace wants (and now knows is possible).
  • by Poulpy ( 698167 ) on Friday February 27, 2004 @09:51AM (#8407160)
    ... but it's not limited to encrypted P2P networks.

    It won't work with any P2P application that is not providing detailed downloads/uploads statistics to the music industry (or any other third party that is supposed to determine how much of the cake is each artist entitled to get): they can't possibly monitor every exchange on every P2P network.
  • Re:Bad premise (Score:3, Insightful)

    by goldspider ( 445116 ) on Friday February 27, 2004 @09:52AM (#8407169) Homepage
    How many non-Slashdot-reading college students give a shit about DRM? A few maybe, but consider the following reasons why a cash-strapped college student isn't paying for music:

    1. They're not paying because of a moral objection to the RIAA's business practices.
    2. They're not paying because they don't trust DRM.
    3. They're not paying because they don't have to pay.

    Think back to your college days; chances are you weren't independently wealthy. Considering that, which scenario do YOU think is the most likely?

  • by Bastian ( 66383 ) on Friday February 27, 2004 @09:58AM (#8407209)
    When it starts carrying music I'm after. To me the whole point of this electronic format thing is trying to hunt down music that I can't get in stores because the stuff is out of print. Beyond that, I'd rather have CDs since I can't afford an MP3 player and I like to listen to music when I'm not at the computer, too. As it stands, I spend about an hour trying to find something I want every time I get a winning Pepsi cap. I'd try finding new musicians, but the samples they provide are so short there's no way to tell if I'm going to like the song or not - even if it's 2 minutes long and meant for the radio, at least give me a verse and not just a little bit of the hook.

    Then again, I'm the kind of musical reject who actually buys Klezmatics CDs and has never actually heard "Hey Ya" all the way through (not through any effort of my own, it's just that I don't listen to the radio that much). I guess I'm really not their target market. But God Forbid I download MP3s of music they haven't published since the 1970s, because somehow copying something they aren't selling is stealing their profits!
  • by TopShelf ( 92521 ) on Friday February 27, 2004 @09:59AM (#8407212) Homepage Journal
    The numbers they toss around in the article are the stuff of high-school freshman fantasy. They figure that 60 million Americans use file-sharing software (yeah, right), and that all of them would sign up for $5 a month (yeah, right), and that it would cost nothing for the music industry to set this scheme up, run it, and market it (yeah, right), netting $3 billion in annual profit to the music biz.

    I hope these guys don't do their own taxes!
  • by Anonymous Coward on Friday February 27, 2004 @10:00AM (#8407222)
    is that the broadband providers would in effect finance the music industry: they would provide near illimited bandwith to the consumer, at a fixed cost ($40/month) to allow the 'evergreen', ever growing, revenue to flow to the pockets of the music industry... Somehow, I don't think they'll go for it.
  • by cwhicks ( 62623 ) on Friday February 27, 2004 @10:02AM (#8407249)

    1) In regards to getting artists on board, their solution for people who don't want to participate says to me: don't join, and don't get money while people take your music, and fellow artists get paid for your work. That's harsh. What if the artist has an issue with the collection agency?


    But the music/record/distribution world that we knew before, is gone. People are downloading their stuff for free anyway right now. For better or worse, the consumer has them over a barrel now for the first time, and they (artists, record companies) are no longer in a position to dictate. They don't really have a choice anymore, and that may not seem fair to them in comparison to what they were used to before.

    The lawsuits are fleas on a dog. Temporary annoyance, but nothing more.

    There will no longer be a "buy a CD, listen to a CD". There is never going to be, "Oh, I like one song on that CD but I have to spend my only $15 on it," which is what they liked. I can't predict have everything will shake out, but I know it is going to be very messy.

    And about your number 2, isn't the difference with New Napster that with this there is no licensing agreement with only certain artists or record companies? I don't get just a choice of Britney and Eminem, I can download Minor Threat, Berlioz, or whatever.

    About 3. That concerns me as well. It sounded to me like you got to keep it, but it sure didn't make that clear.
  • Re:Hrmm (Score:3, Insightful)

    by e6003 ( 552415 ) on Friday February 27, 2004 @10:03AM (#8407263) Homepage
    Ummm, if you lose control over distribution of your IP, you lose the ability to make money with it.

    The various profitable Linux distributors would seem to disprove your simplistic assertion.

  • by Tomcat666 ( 210775 ) on Friday February 27, 2004 @10:11AM (#8407332) Homepage
    It's not enought to say "we have an alternative scheme." It's probably not even enough to say "we have an alternative scheme by which you can make equivalent money." Instead, you need to credibly be able to say "we have an alternative scheme by which you can make superior money." If you can't do that, you got nuttin.

    I doubt it's about the money, it's about control for the RIAA and its members.

    So the only way to get them to use this scheme is to say "we have an alternative scheme by which you can make superior money and have more control over the music distribution than for CDs."

    And that isn't going to happen with free (as in beer and as in freedom) file formats that the EFF is proposing.
  • by Anonymous Coward on Friday February 27, 2004 @10:34AM (#8407522)
    This is not a troll. I really am interested in your logic.

    How about these.

    You bring your car to the garage. It gets fixed and the bill comes to some amount of money. You are expected to pay the mechanic this amount. Lets say it was all labor as well and no parts were replaced. You use your extra key and get your car back some night without paying the mechanic for the work he did. Did you just steal from him or did you just violate his right to collect the money you owe him. What is he no longer in possession of in this example? The car was always yours, you just took it back without paying the bill. If the answer is nothing then you did not steal from him although I think a court would disagree.

    The following argument is a bit absurd but the point is made. Don't think about the details, think about the concept. Ignore that the charge uses $20 worth of electricity or the outlet is on the street.

    Since many people claim that theft can only occur when a physical object is taken then how about electricity. Assume a city produces their own electricity via a solar grid. Say you are walking down the street. You see an outlet. You decide that you need to give your cell phone a quick charge and plug it in. You leave your cell phone there (because this is a perfect world and it won't get stolen) and it charges. When you get back there is a city employee there holding your cell phone (He unplugged it to plug his whatever in) telling you that you owe the City $20 for the electricity you used (your cell phone takes a lot of juice to charge). Did you just steal from the city or not? You didn't take anything "physical" from them.
  • by fest321 ( 757101 ) on Friday February 27, 2004 @10:43AM (#8407622) Homepage
    I must say, I'm not particularly impressed by this proposal. It strikes me
    there are two major problems, both related to the fact that the system is
    voluntary.

    First, how do you make the majors join the collective society? Those with the
    most popular catalogue have the least incentives. I cannot image a major
    label releasing a major act under such a license unless it's fairly clear
    that the collective society has real money to distribute. But if the most
    popular acts are not included, users could face the problem of having paid
    their fees and still being sued.

    The second question is: How do you get users to pay? The EFF suggests that all
    the 60 million people now using p2p networks will pay. This is, to put it
    mildly, very optimistic. Because, really, what's the incentive to pay? Users
    can still download, regardless whether they pay or not, and if a user doesn't
    share his music files, then the RIAA will never know what he have on his hard
    drive. In other words, a few 10 thousand people willing to share their large
    collections would make it possible for a few millions to simply download and
    then disconnect, gaining all the advantages from the network without paying,
    and, importantly, without risk of being sued.

    A number of studies have shown that p2p networks are, indeed, not all that
    p2p, because a small number of nodes serves the vast majority of content. But
    if only that small number of people are actually paying, it will make majors
    even more reluctant to release their content.

    But, on a somewhat more positive note, the failure of such a voluntary
    proposal would make the case of a compulsory license more stringent (which
    also the EFF sees as a possibility).
  • by Mangal ( 745519 ) on Friday February 27, 2004 @10:51AM (#8407723)
    It seems to me that the industry will rabidly attack any share network they don't control- the bottom line is profit (maximize and maintain it).
  • Re:OK.... (Score:1, Insightful)

    by Anonymous Coward on Friday February 27, 2004 @11:04AM (#8407868)
    You do realize musicians aren't forced to sign record deals with these companies. They can go to Indie record labels. They don't though. They go with the ones who will market their name and get it out there for people to see. This cost a little be more than nothing so the RIAA needs some kickback.

    Until the ARTISTS stop using these companies nothing is going to change.
  • by swillden ( 191260 ) * <shawn-ds@willden.org> on Friday February 27, 2004 @11:06AM (#8407890) Journal

    artists still get paid royalties no matter how long it's been released

    I'm sure you're trolling, but this is still worth saying: Artists still get paid royalties, but x% of $0 is still $0. It's truly silly to argue that the record labels and artists are losing sales on something that they're not offering for sale.

    Music fan: Mr. Record Label, I'm a huge fan of this artist and his music that was published by you in the 1960s. Will you sell me a CD of album XYZ?

    Label: We don't offer XYZ for sale, sorry. It costs too much to make all of those back catalog albums available on CD.

    Fan: Okay, how about on cassette tape?

    Label: We don't have it on cassette, either.

    Fan: Vinyl?

    Label: Nope.

    Fan: 8-track? I think I can scare up a player.

    Label: /chortles

    Fan: Well, are you ever going to offer it in any format?

    Label: Only if there's a market for at least 10,000 copies.

    Fan: But there's probably only a few dozen people who might want it right now, and the longer it's unavailable the fewer people will even know about it, much less want it.

    Label: /shrugs. That's okay. If so few people want it, it's obviously crap, so you must be stupid to want it. Here, how about we sell you Britney Spears' latest album instead. Millions of people want it, so it's obviously good.

    Fan: /stares in disbelief and shakes head

    Fan: Well, I see that someone else has digitized it and made it available in MP3 format on Kazaa. I guess I'll get it there.

    Label: Thief!

    Label (to Congress): See! There's yet another sale we've lost to these P2P filesharing pirates!

    In what way does it "promote the progress of science and useful arts" to permit people to lock material away so that no one can get access to it?

    This is not intended to be a justification of copyright infringement in general, but the record labels can't seriously claim that they're damaged by sharing of music that they *don't* distribute.

  • Re:Hrmm (Score:2, Insightful)

    by Darth23 ( 720385 ) on Friday February 27, 2004 @11:09AM (#8407923) Journal
    Record companies may be able to widely promote SOME artists, but they do so by making the artists pay for almost all the costs associated with the promotion, including various forms of payola [wikipedia.org]. Can you imagine if you got a job with a company, and that company made you pay for all your on the job training?

    The Record companies' current model is to have a few big selling artists, rather than more decently selling ones, placing artificial limits on who can make it big.

    Also, in the last several years, and media companies have gotten bigger and bigger, and have needed to make more and more money in order to a)keep the stockholders happy and b) service large debts associated with mergers, companies have abandonded basic industry practices relating to artists development.

    There was a time when a label would carry many artists for years, some of whom only become commercially successful hafter several albums and years of support. Now all the companies want the big selling, hot new thing, but have no interest in developing talent that might eventually reap great rewards.

  • Re:OK.... (Score:3, Insightful)

    by Pastis ( 145655 ) on Friday February 27, 2004 @11:21AM (#8408052)
    "As long as someone besides the person who writes and performs music is making money from that music I will not pay a half a cent for it."

    And what about those who tapes and films?

    You do realize that this is pretty stupid?

    I guess you don't buy food, because someone else than the producer is making money of it. You must be making your own then.
    I guess you produce your own clothes, or did you prefer to live naked?
    I also guess you have a computer, but your must have built yourself, every single part from scratch, because someone else than the constructor made some money out of it.
    And while you're at it, I guess we should screw all those Suse and Red hat companies, because they make money out of something that most other people have been producing.

    Pretty much anything that you get to have went throught at least one intermediate.

    Even the day music will be available on the web, intermediates will be there. You won't perhaps see them, but their costs will be reflected.

    Intermediates are necessary. That's part of the way products are delivered to the masses. Maybe if you are 10 years old and the only music you've been knowing is coming from the Internet, then I can accept such comment. But you have to know that before it ended up digitalized, it was a hard product, which required distribution. It's not because this business model starts being obsolete (*) that you have to become some kind of anarchist.

    And that's modded 4?

    (*) I would also like to remind you that there are many places in the world where people buy CDs, even tapes!
  • by rajafarian ( 49150 ) * on Friday February 27, 2004 @11:25AM (#8408086)
    Dude, I don't think it's about maximizing profit, it's about maximizing control.
  • by h0mer ( 181006 ) on Friday February 27, 2004 @11:30AM (#8408133)
    Microsoft threatening modchip distributors, system locked out of Xbox Live if a mod is detected, Nintendo using a proprietary disc format (the streaming method is not a viable way to pirate).

    Once again, Sony has the system that's the easiest to pirate. Doesn't seem to hurt them though.

    Another contributing factor is that games have a much better entertainment value to cost ratio.
  • by evilad ( 87480 ) on Friday February 27, 2004 @11:35AM (#8408192)
    Independent musicians would still get almost nothing, unless they were popular enough to get a large share.

    This scheme doesn't work for me because I have absolutely no interest in sending money to Celine Dion and Britney Spears. I want my money to go to smaller artists.
  • by Doc Ruby ( 173196 ) on Friday February 27, 2004 @11:38AM (#8408217) Homepage Journal
    Of course the RIAA is happy with the situation. The new webcasting licenses, which the Copyright Office just finally installed this month, puts all webcasting license administration in the hands of SoundScan, which is an RIAA spinoff. They have completely screwed BMI, ASCAP, every artist, and (of course) you: they get to charge a toll on every passage of a copyrighted work across the Internet. And most important, they get to control the entire IP world, not just collect the money. The structure of the fees means that the RIAA member companies remain an exclusive club of publishers, with no threat from DIY publishers on the more level playing field of the Net. So the rich get richer, and the content-holders get more content (pun intended). This is the most monstrous monopoly yet, with the RIAA owning the rights to control and profit from every IP exchange across any network. The bad guys have won. Unless, perhaps, this EFF proposal (or one like it) can bring power back to the people while keeping content makers (artists) adequately represented in the compensation loop. Send a postal letter to your Congressmember/MP/second-cousin-Prince/UN-minister supporting a fair share plan, before you have to buy RIAA stamps.
  • Lost Cause (Score:3, Insightful)

    by nurb432 ( 527695 ) on Friday February 27, 2004 @11:48AM (#8408324) Homepage Journal
    We all need to get it thru our heads, the *IAA industries are no longer interested in supporing their customers.

    They would rather restrict and sue custmers ( and bilk artists as well ). this is their business model, not 'customer service' or ' product value'

    Creating 'yet another' payment system for P2P does not intrest them at all. And why should it? They have a virtual monopoly built on screwing people out of their money..
  • by Anonymous Coward on Friday February 27, 2004 @12:02PM (#8408464)
    I've been systematically ripped off by the music industry practically all my life. For years, I built a CD collection that was overpriced, and like so many others, I was a victim of price-fixing. $13.86 just doesn't cover all the CD's I've bought.

    Then, they tell us that those CD's aren't actually our property, to dispose of as we wish, but really licenses to listen to the CD. Fine - So where's my free replacement when I scratch my disc? Or if its stolen, like so many were from my college dorm?

    And, if it is a license, why do I have to buy a new copy of Dark Side of the Moon every 5 years? If I bought one, shouldn't I get the remastered free?

    These are all legitimate, albeit beaten into the ground, points. The music industry can't have it both ways. They can't use bigchampagne to data mine P2P networks for sales promotions (hence, generating income) at the same time that they say every person who downloads a song is costing them money. This breaks a fundamental law of economics - some people will only 'buy' something when the cost is substantially lower than what they're charging.

    So, f*ck the RIAA. F*ck them in their stupid asses. F*ck radiohead, f*ck pink floyd, f*ck metallica, f*ck dr. dre, f*ck them all!

    I'll support the artists in the best way possible - buy their concert tickets!

    They are, after all, 'performing artists' aren't they?
  • by Evil Adrian ( 253301 ) on Friday February 27, 2004 @12:21PM (#8408670) Homepage
    How would you have heard of these bands if it wasn't for the RIAA promoting them via albums? How would they be able to go on tour and draw crowds?
  • by aardvarkjoe ( 156801 ) on Friday February 27, 2004 @12:28PM (#8408739)
    I don't think this is a valid argument. If 999,999 people download the latest Britney song, and 1 person downloads the new [insert favorite artist here], then Britney gets 999999*5 = $4999995, and your favorite artist gets $5. Sure, it might not be your money that ends up in the hands of that artist, but that shouldn't really matter.

    I really can't think of a better way than popularity to distribute the money.

    For the record, however, I do think that the scheme is a stupid idea.
  • by Numen ( 244707 ) on Friday February 27, 2004 @01:03PM (#8409114)
    I'm not quite sure why so many people are runing around trying to resolve the leaking ship that is the music industries business model. Surely I'm not the only one who thinks that the burden is upon the music industry to produce a new model that is to the liking of it's customers whom they wish to part from their cash.

    People got used to saying "vote with your wallet" as some sort of wise-crack. Guess it came as a shock when millions did just that.

    *shrug* I think the idea of trying to persuade the music industry to patch its leaks and to offer 101 different ways in which it might patch its leaks is odd... it is however crazy while said industry acts in such a petulant fashion.

    Let the music industry worry about it's own leaks. The music industries lost billions is not something that should cause the EFF sleepness nights, and there are frankly better things it could concern itself with than where Popstar X is going to get their next gold plated toilet seat from.
  • by CrosbieFitch ( 694308 ) * <crosbie@cyberspaceengineers.org> on Friday February 27, 2004 @01:29PM (#8409397) Homepage
    A market may reward popularity,
    but rewarding popularity does not make a market.

    A market involves price, and price depends upon what value the buyers and sellers place on the product.

    If you remove value by fixing the price and only reward popularity, you no longer have a market. Of course, you may still have financial incentive, but not necessarily incentive to produce works of value.
  • by Torham ( 544278 ) on Friday February 27, 2004 @03:04PM (#8410434)
    What about the non-RIAA labels? Will they get nothing?
  • by zurab ( 188064 ) on Friday February 27, 2004 @03:43PM (#8410891)
    Exactly my thoughts as well. Why wouldn't they simply keep using Kazaa, Morpheus or whatever they are using now without paying $5/month? Not to mention how they would determine who is an "artist," not that only music gets shared online - how about software and movies? How will they reliably tell the popularity, unless the service is centralized, and filenames and/or file signatures pre-determined? What if people encode their files in different formats, bitrates, and with different encoders? Who would you trust to do the count - the RIAA cartel?

    Moreover, if sharing this way is permitted by RIAA or some other similar cartel, while they are making all the money, sharers should get a cut as well. After all, they are paying for bandwidth, service, and equipment to make the delivery happen in the cartel's commercial interest - sharers should also get a cut. Also, what happens to "artists" who have not signed their life over to the cartel? Would there be a competitive payment distribution systems that artists can join? Let's ask RIAA about that, shall we?

    Without any doubt, if such system were implemented, it would only benefit one cartel - RIAA - not artists, not users - and it wouldn't be fair at all. In fact, it would be much less fair since all independent artists would in effect be either "unplugged" from the network, or their share of revenues taken in by the cartel.

    Is EFF going nuts?
  • by Rysc ( 136391 ) <sorpigal@gmail.com> on Friday February 27, 2004 @04:49PM (#8411563) Homepage Journal
    Key word: "optionally". Why would people pay money for a subscription if they can just hop on to another P2P network and get everything for free?

    Why switch networks at all?

    You don't get it: Everything would be exactly and precisely as it is now, where you can use any software to download any song any time any where as much or as little as you like. If YOU so desire, you can pay $5 per month. You don't pay the P2P network provider, they don't make sure you've paid. You pay the collection agency and in return get some kind of receipt. This receipt says "For the month of (say) February 2004 Your Full Name Here with social security number WHA-TE-ERITIS has the right to download any music by any artist who has joined the cooperative collection agency." Meaning that if sommeone sees you sharing the latest Eminem song and says "You sir are a dirty filthy pirate!" all you need do is hold up your license and say "See this? It gives me the right to download and share that song up through the end of February."

    At the end of the month I'd guess your redistribution rights are terminated unless you pay again (read: you are now sue-able) while your listen rights remain. As long as the songs you have were obtained during a month when your download license was paid up, they're legal copies. To prove you a pirate a lawsuit would have to prove that you definitely didn't download a given song during such a paid-up period.

    The difference between this situation and the way it is now minimal. If you don't pay it's still illegal and you can still be sued. But now you have the option TO pay, which legalizes the downloading you'd do anyway.

    Why would people pay? A lot of them wouldn't. But I'll bet you most middle-class parents would much rather spend $60 a year to let their kids get legal music then have to worry about lawsuits. I'm not too worried about being sued and I have almost no money, but I'D pay it. A lot of people wouldn't, and they can be sued into poverty for all I care. The reason suing fans right now is such a horrible thing is that we really have no good options: iTunes or similar, which suck, or no music downloading. We/I choose downloading from wherever, and we rightly complain when we're sued for it. If there were an easy and cheap way to make what download legal, I and everyone I know wuld use it. Maybe some people wouldn't, but a lot would.

    Say only 10 million people pay the fee, which does not seem unlikely. That's 600 million bucks. Not a bad supplemental income. And think of the money saved on lawsuits and DRM research!
  • by swilver ( 617741 ) on Friday February 27, 2004 @07:05PM (#8412706)
    Easily circumvented with encrypted traffic, or even using ports other than the default for your P2P apps.

    To be honest, schemes like these appal me. It reeks of the "tax" on CD-R and DVD-R media we have here, just because you MIGHT use them to store copyrighted works -- the best part being that if you DO put copyrighted works on them (having paid the tax), you're still commiting an offense.

    Fortunately they haven't taxed Hard Disks yet, they're about as cheap as DVD-R, will probably outlive most cheap DVD-media (try reading some after 2 years), don't require swapping, are faster and can be rewritten as often as you like.

  • by ex-songwriter ( 692597 ) on Friday February 27, 2004 @08:26PM (#8413304)
    I don't believe many people would pay. At least not the people I often see posting on this board. Most likely, they would begin complaining that $5.00 is too much. Then they would say, if it were $2.50...maybe.

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