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Music Media Businesses Microsoft

Music Labels Charge Too Much For Microsoft 366

Bret540 writes "Yahoo is reporting that Microsoft has ended license talks with four major music labels. From the article: 'The paper [the Wall Street Journal] reported negotiations broke down Friday over what Microsoft considered high royalty rates.' How much more can the music labels demand when even Microsoft won't go to market? With other recent developments, one must wonder how long the music industry can keep pushing."
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Music Labels Charge Too Much For Microsoft

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  • Music Industry? (Score:5, Insightful)

    by gtrubetskoy ( 734033 ) * on Tuesday October 04, 2005 @04:06PM (#13715894)

    one must wonder how long the music industry can keep pushing.

    The editors must mean the greedy recording companies - the music industry itself is not inherently evil, it will outlive the current system and be there for as long humans inhabit this planet.

  • by It doesn't come easy ( 695416 ) * on Tuesday October 04, 2005 @04:07PM (#13715903) Journal
    According to several people briefed on the matter, the labels separately were seeking royalty payments of $6 to $8 per user, per month. People close to the labels say that is in line with what existing subscription-music services pay, the Journal reported.

    Seems rather high, considering you still have to pay $1 or more for each song you download, and the song is likely to be encumbered with DRM, and the quality is usually less than a rip from a CD. One would get the feeling the music labels don't really want to sell songs via the Internet...
  • by Dachannien ( 617929 ) on Tuesday October 04, 2005 @04:10PM (#13715946)
    ...three cheers for Microsoft!

    This represents a stunning defeat for the music industry, and combined with Apple's iTMS success, could indicate the beginnings not only of a change in how music is priced, but also of a change in how music is produced, promoted, and distributed - i.e., without the RIAA and its members.

  • it's all about power: the music conglomerates and the riaa exist to control music distribution in a world of LPs, cassettes, and CDs

    in a world of cable modems and fiber optics, who controls the music distribution?

    the tech companies do

    bill gates and steve jobs do

    so if their handlers are smart, they will just start signing artists themselves
  • Too Much?? (Score:5, Insightful)

    by JordanL ( 886154 ) <jordan.ledouxNO@SPAMgmail.com> on Tuesday October 04, 2005 @04:13PM (#13715984) Homepage
    It's pretty bad when a company that lost $8 billion breaking into the gaming industry says you're charging too much.
  • by vijayiyer ( 728590 ) on Tuesday October 04, 2005 @04:13PM (#13715987)
    The problem here is that MS needs to make a significant profit on the venture, as opposed to Apple, who has a music store to sell music players. Apple is content to give away the bulk of the proceeds from its store for market share so they can drive iTunes sales. What does MS stand to gain by giving away the bulk of its profits? More WMA licenses? Those can hardly bring in more than a few dollars per player.
    Of course, I wouldn't be surprised to see MS do everything at a total loss just for the sake of controlling the market.
  • by DysenteryInTheRanks ( 902824 ) on Tuesday October 04, 2005 @04:19PM (#13716085) Homepage
    What's the difference between a record company and Microsoft? I'll tell you: One is a monopolistic leviathan, saddled with an outdated business model and unfairly, perhaps illegally, leveraging a chokehold on one market to try and take over another, desperately afraid of emerging free alternatives and assailed by customers for ridiculously high prices and shoddy quality. The other ... hmmmm, let's try this again. What's the difference between a record company and Microsoft? I'll tell you: One will be entirely bankrupt in 10 years, while the other will at least limp along selling a Flight Simulator. Payback's a beeyotch, INNNIT??!!
  • by pete6677 ( 681676 ) on Tuesday October 04, 2005 @04:23PM (#13716134)
    Because online sales allow the user to choose the tracks. They could only hope to get about $2 per song at the max instead of forcing people to pay $20 for 2 good songs and 15 filler songs. This would never fly with online sales and that is why the industry has been fighting so hard to end all online music distribution, legal or otherwise.
  • by overshoot ( 39700 ) on Tuesday October 04, 2005 @04:25PM (#13716155)
    How much more can the music labels demand when even Microsoft won't go to market?

    They're starting to catch on. I suspect that they demanded a share of MSWindows revenue (same as iPod with Apple). Which, IMHO, was the only thing they could do.

    Remember, the RIAA is basically just a bunch of distributors. Apple and now Microsoft are taking that role away; with them holding the DRM key to the store the RIAA has little choice but to do business with (and through) them.

    Just like the artists have little choice but to do business with (and through) the RIAA. Indentured servitude. "Work for hire." In other words, the Man owns you, suckah, and unless you give good head you're not singing anywhere for the rest of your life.

    Karma is such a bitch -- especially on the "comes around" part.

  • and this means... (Score:4, Insightful)

    by sedyn ( 880034 ) on Tuesday October 04, 2005 @04:25PM (#13716158)
    somewhere steve jobs is smiling. You would think that due to recent developments that the music industry would love to emanate a "play by our rules or we'll go somewhere else" image.

    Well, that is unless microsoft took advantage of that situation and dictated terrible terms, with the message that like it or not, a new distributor is in town.

    That's the problem with admitting you are currently in a bad deal while negotiating for another. They come across, on some levels as appearing desperate.

    What would it do to iPod sales if microsoft became the leader in music distribution software? Considering the iPod is a cash cow for apple, and microsoft would have to support the iPod to enter the market, would the two of them have to play nice? (I recall reading a theory that apple was hoping to break even on the iTunes music store, if so, then what would the fallout for an MS/music industry from apple's perspective?)
  • by overshoot ( 39700 ) on Tuesday October 04, 2005 @04:29PM (#13716205)
    Microsoft isn't stupid. They expect to own the entire music-distribution business before it's all over, and when that happens you'll think fondly of the old Content Cartel.

    The basic questions have all been answered, now they're just arguing over price.

  • by Anita Coney ( 648748 ) on Tuesday October 04, 2005 @04:31PM (#13716227) Homepage
    There are three good reasons why the music industry wants third party online services to fail.

    First, imagine if a service such as iTunes became very successful. For example, 50% or more of all music sold was sold via iTunes. Now imagine you're a successful musician and it's time to resign to a label. Do you sign or do you get a marketer and simply sell your tunes on iTunes and keep the vast majority of the profits for yourself? If any third party online service succeeded, the current music industry would be toast.

    Second, the music industry has historically cooked the books, i.e., over reported sales of some artists to hype them or under-reported sales of successful artists to screw them out of royalties. With a third party keeping precise track of every song being sold the music industry loses control. Suddenly they can't "fix" the charts and artists are demanding their fair share. They don't want that.

    The third reason is that they want ALL profits for themselves. Why should Apple or Microsoft get some of the profits when the music industry can get it all? Let's face it, they are a monopoly. E.g., you can only legally buy a System of a Down CD from Sony, and no one else.

    This refusal to negotiation fair rates with third parties certainly shows that the music industry is doing pretty well. If they were as bad off as they claim they would more willing to open new markets and new models.
  • Re:Wrong question (Score:3, Insightful)

    by shmlco ( 594907 ) on Tuesday October 04, 2005 @04:42PM (#13716331) Homepage
    Apple probably makes $150 on a $399 pod easy. Apple makes about $0.20 per song off itunes. So if you do the math, people need to buy 750 songs to equal the profit off a single pod.

    And pods break, wear out, get lost or stolen, and like phones, get replaced every few years by newer models with cooler features. In a way it's a symbiosis. Pods make people want songs, who need pods to play them, who buy more songs...

  • by metoc ( 224422 ) on Tuesday October 04, 2005 @04:52PM (#13716432)
    If M$ operated it as a loss leader they would probably still pass on the royalties of $6-8 a month or $72-96 per year for what would certainly would be a service overencumbered with DRM. And probably like Yahoos service you can't listen to the songs if you subscription expires.

    Compare that with iTMS where it would be the equivalent of buying 72-96 songs per year, with a indefinite period of use, and the right to burn it to CD.

    As far as proprietary systems (iTunes or WMA) is concerned it is a tie. No advantage unless you're an iPod fan. iPod market share tells that story.

    Makes me wonder if M$ is going to reconsider embedding DRM technology in Vista or Windows Mobile.
  • by nine-times ( 778537 ) <nine.times@gmail.com> on Tuesday October 04, 2005 @05:01PM (#13716518) Homepage
    Because the big labels have power (and earn their money) from controlling three aspects of music:
    1. Production
    2. Marketing
    3. Distribution

    New technology threatens the RIAA's control in all three of these areas. Home music studios are becoming more viable. The internet provides a fresh avenue of promotion. The internet is providing a cheap means of distribution.

    Now, the RIAA still has quite a foothold in each of these areas, and is looking to maintain control. Distribution is probably where they're most vulnerable. However, as long as "distribution" still means "physical media shipment", their likelihood of maintaining control is much better. It's expensive to produce all those CDs, and difficult to get them stocked at all the various music chains across the country.

    If, on the other hand, people become so accustomed to buying music online that physical media distribution becomes semi-obsolete, then the RIAA will have lost 1/3 of their strangle hold on music right there. Musicians will be able to release directly online, and record companies, even if they maintain the production/marketing areas, will find it hard to claim all the profits from sales (which they pretty much do now).

    Call me paranoid, but that's my theory as to why the RIAA seems dead-set on sabotaging online distribution.

  • by schon ( 31600 ) on Tuesday October 04, 2005 @05:03PM (#13716536)
    It does seem like the recording companies don't want to really sell any of their music online, but why?

    Because it will destroy their distribution racket.

    For a very long time, RIAA members were the only way to market your music to a global audience - this is now changing. Once most people start purchasing music online, they'll realize that they have access to a much larger catalogue than they did before, and that larger catalogue will consist of non-RIAA musicians.
  • by masonsas ( 534607 ) on Tuesday October 04, 2005 @05:12PM (#13716612) Homepage
    First, imagine if a service such as iTunes became very successful. For example, 50% or more of all music sold was sold via iTunes. Now imagine you're a successful musician and it's time to resign to a label. Do you sign or do you get a marketer and simply sell your tunes on iTunes and keep the vast majority of the profits for yourself?

    It's not quite that simple, but I do expect it will happen eventually and the results will be interesting. The thing is that the music industry as it exists now is to some extent predicated on having a number of extremely high-profile artists; these artists get the benefit of the massive promotional push that the labels put behind them. The other artists toil beneath the spotlight until their time comes or the labels drop them. (Obviously indie artists are part of a different industry)

    What's interesting is to imagine the online stores leading artists to leave the labels. If that happens, the results will be catastrophic for:

    • Music magazines: no more sky-high ad prices paid by major labels
    • MTV: no more $100k videos gracing their airwaves
    • Record stores: no more high-priced endcap displays and, eventually, no more stores (some indies will likely survive, but Tower and Virgin?)
    Because artists who are self-distributing and self-promoting obviously won't be paying for those things.

    In reality, I expect the labels will adapt and perhaps fall back to the strategy of yesteryear, promoting singles and not albums. It's the distribution chain that will collapse, obviously -- Warner Music Group, for example, not only distributes their major product themselves, but also operates the ironically-named Alternative Distribution Alliance (ADA), which distributes pseudo-indie labels like 4AD, Matador, and Epitaph. They make plenty of money from that, I'm sure, and would like to keep doing so...

  • Re:When.. (Score:3, Insightful)

    by aero2600-5 ( 797736 ) on Tuesday October 04, 2005 @05:26PM (#13716729)
    "Whoever wrote that needs to quit trying to blow everyone at the same time."

    This is going to sound harsh, but when you're trying to solve a problem with a compromise, your job is blow everyone at the same time.

    Aero
  • Re:Music Industry? (Score:2, Insightful)

    by deesine ( 722173 ) on Tuesday October 04, 2005 @05:29PM (#13716763)
    Regardless of the analogy's worth, you accussed the GP of being part of ASCAP's supposedly criminal activities. Do you know anything at all about that poster, other than he is an ASCAP member? You judged him guilty by merely being associated with an organization.

    Good job letting your gripes with an organization get in the way of being courteous & civil!

  • by 91degrees ( 207121 ) on Tuesday October 04, 2005 @05:48PM (#13716942) Journal
    The music companies want on-line services to work because CD sales are declining and they need a replacement.

    No. they want CD sales to stop declining.

    Artists will sign with whoever gives them the most money. Go to Apple and see how much of an upfront payment you'll get.

    Perhaps Apple will spot aniche in the market and cut out the middle man if online music sales become the most popular means of buying music.

    Download sales are already taking off and unless you've been asleep you can't miss the fact that more deals are being done every week. If they didn't want these services to survive why are they doing the deals?

    Because they feel trapped. They realise their customers want downloaded music. If they don't sell it to them, their potential customers will simply download it anyway. They choose the best deal for themselves.

    If they want all the profit themselves, why aren't they selling direct?

    Are you suggesting they don't want all the profit for themselves? The problem is, they simply don't have the brand strength to do this. iTunes succeeds because it offers music from everyone. iTunes has market recongnition. Most people don't know who the publisher of their CDs are. Nor do they care. They're certainly not going to go to several different music download sites. And they've never sold direct. The industry isn't set up to do this. They've always sold through record stores.
  • by DECS ( 891519 ) on Tuesday October 04, 2005 @06:00PM (#13717056) Homepage Journal
    Interesting comments, but you make the common mistake of confusing a single source with a monopoly.

    A product is not a market.
    A monopoly requires a market.

    Sony does not have a monopoly on "System of a Down" CDs.
    Apple does not have a monopoly on the Macintosh.
    Microsoft does not have a monopoly on Windows.
    BMW does not have a monopoly on BMWs.

    Microsoft did establish a monopoly in PC operating systems, since they eliminated competing products within a market (the desktop PC industry), and prevented the introduction of new competition. Microsoft does not have a monopoly in video game consoles.

    If Apple were to gain full control of online music sales, they'd have a monopoly; today there are still several competing products led by powerful interests.

    There's also a difference between having a temporary monopoly position (which is common in emerging markets) and acting as a monopolist to destroy competition and create a long term dominating position in a market. Apple is not exercising monopoly control to prevent competitors from doing business.

    If Apple began signing exclusive contracts with labels, or if they licensed iPod software to all hardware music player makers exclusive of other designs (excluding competition from WMP or Linux or Sony software, say), then yes, Apple would be a monopolist like Microsoft.

    If Microsoft made their own PC, and it was so much better than other PC makers that it cleaned up the market, they would no longer have a monopoly, since they would be selling a product (the WinPC) , not selling within a market (the PC industry). They would, like Apple's iPod, have a very successful product, not a monopoly of a market, since there would not be a PC market.

    There is simply no sense in declaring a "monopoly" when a company is the single source of a product. Monopoly means single control, so the word only makes sense in a context where there should be multiple parties sharing control, in a free market. There is no expectation of competition in the manufacture of Xbox, BMWs, iPods, or Rubic's Cubes.

    Being successful or having a popular product does not make you a monopolist. Rubic didn't establish a monopoly on the Rubic's Cube, or in hand held puzzle games, despite the fact that it was a hot seller and there wasn't really any effective competing thing with similar sales.

    Similarly, Google and Apple both offer popular services/products that don't have much effective competition. But competitors exist, and more effective marketers with better products could compete.

    A Monopoly is usually a bad thing in a market, because it distorts the market pressures to innovate and prevents effective competition. Monopolies are useful when competition would hurt consumers. For example in healthcare, transportation or cable TV utilities, competition might end up in service disruption, or providers only choosing to do business in areas that made them money. Governments allow monopolies (or sell the right to be granted a monopoly) in some markets to ensure someone will provide the service.

  • by WindBourne ( 631190 ) on Tuesday October 04, 2005 @08:11PM (#13718254) Journal
    The labels are not really being greedy. They are fighting for their survival. They have been in control of who hears what for the last 50 years. In order to remain, they have to be the ONLY place that they can go to, or even through. The internet is a disaster to them. Not so much because ppl are downloading music for free, but because it allows artists to do their own marketing, their own music, etc.. In addition, while the MS world charges top dollars for lousy recording programs, the OSS world is picking up a number of recording type programs from the MOvie industry. It is only a matter of time before making an album is also a no cost. At that point, Concerts are all that a label controls. And they may be losing that as well.

    IOW, labels are not being greedy. They are just trying to survive in a market where they are about to become worthless. Can you say BYE BYE sony music?

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