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Music Media

Rent Music Over the Net 381

NerveGas writes: "Financial Times is reporting that two competing services, both backed by major music labels, are about to offer legal music downloads. For $9.95 per month, you can download up to 100 songs per month. The catch? Cancel your service, and you lose the ability to hear *any* of the songs that you've downloaded. There are other caveats, as well - but at least it's a start." So what happens after you've got your hard drive filled with rented music and the monthly fee goes up to $199.95/month? Pay up, or lose it all...
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Rent Music Over the Net

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  • Bah (Score:4, Informative)

    by jdc180 ( 125863 ) on Tuesday December 04, 2001 @08:47AM (#2653324)
    One or two record lables offering this kind of service doesn't interest me one bit. Until it becomes possible to get ANY song on this type of service, no matter how cheap, I'll continue to use my free p2p client of choice.
    • Re:Bah (Score:3, Insightful)

      by reachinmark ( 536719 )
      Until it becomes possible to get ANY song on this type of service, no matter how cheap, I'll continue to use my free p2p client of choice.

      The problem as I see it is that using p2p clients doesn't exactly give you a broad range of music to select from. Trying to find something slightly obscure is frustrating, and usually fruitless.

      Then again - if record labels make all of their CDs available via a service like this, then it only takes one member of the service to re-encode them as MP3s and make them available via p2p. Then i'll finally get my "slightly obscure" mp3s ;)

      • The _only_ reason I use p2p clients is to find obscure music. If you're stuck with something like GnuTella (decent idea, but slow searches), try an OpenNap client (like winMX) ....
  • by samael ( 12612 ) <Andrew@Ducker.org.uk> on Tuesday December 04, 2001 @08:47AM (#2653326) Homepage
    www.emusic.com will allow you to download perfectly ordinary MP3 files for $10 a month. you can then do what you like with them.

    If you support them, they'll grow and grow...
    • I agree. E-Music is great. You can get albums on that site that aren't even in print any more. Sign up for a free trial and you can download 100 mp3s that are yours regardless, and if you don't want to stay on with them just cancel. I've done it, and it was simple and easy.
    • by nanojath ( 265940 ) on Tuesday December 04, 2001 @10:25AM (#2653844) Homepage Journal
      My favorite line from this article:


      "It's a very immature business (where) most of the important mistakes haven't been made yet," said Aram Sinnreich, an analyst at Jupiter Media Metrix.


      Oh, I don't know - they seem to be doing a damn fine job of trying to stuff all those mistakes in. For years now a few of us have been saying on Slashdot that what the publishing concerns are gunning for is a pay to play world where you never own an actual product and never get to control any aspect of your temporary rental of the products you pay for - except for deciding when you press "play" (provided your subscription is up to date, natch).


      Basically, the existance of technologies that by nature should make the ownership of a copy of a particular piece of intellectual property much cheaper and much more useful than it has been is being exploited as an excuse to make the act of paying for the right to access intellectual property more expensive and much less useful.


      Go to a record store and buy a regular CD - any artist or label you want, if they have it in stock. Rip it to your hard drive. The thing is basically immortal now, barring accident or theft. Rip it to MP3s, make your own mixes, use your personal server to stream your own web station you can listen to at work. Make compilation CDs for the drive or vacation. You never pay to access that content again. Sick of it? Sell it, recover a tenth of your purchase price.


      Or: Buy a subscription to a service. Limited access to a limited catalog. You can bet there are all sorts of restrictions on reformatting, how many machines the thing can reside on, etc. Andpay to maintain it. And pay to maintain it. And pay to maintain it. The longer you ae a member the more diffuse it becomes - you are paying a smaller and smaller amount for the maintenance of each song. But you NEVER get to stop paying.


      There is only one group of copnsumers these services could be appropriate for - people who spend more than $10.00 per month on CD singles. For the rest of us (I've never bought a single in my life) it isn't even relevant. But it is a warning shot. They're gonna try to use the DMCA to completely eliminate ownership of a registered copy of copyrighted material, an act which, given the results of the recent 2600 case, pretty much allows them to eviscerate the concept of fair use. Alternatives (like emusic.com) are the ONLY solution. People who care NEED to start supporting artists who choose not to join the publishing giant slave-parade. Information may not want to be free but it doesn't have to be expensive.


      Cheer up - the publishing industries', particularly the music industries' time of maximum vulnerability is upon them. Keep your eyes peeled troops and get ready to support the good guys.

    • Thanks for the link.

      emusic.com looks pretty f*cking cool. Who cares that they don't have Britney Spears or that the files are only 128kbps (that's good enough for casual listening)? Their minimum contract of three months at $15/month is the best bargain I've seen since I saw a whole operating system on the internet available as a free download.

      $45 barely buys three CDs new, and maybe 6 CDs used. But looking throught the emusic.com catalog I could easily find 100 CDs that I would download in the first month. In fact, I expect I will have to write a Perl script that takes Artist/Album names and fetches the whole album to my mp3 server's file library pretty much as needed.

      And frankly, I don't care if this helps the RIAA, because this hopefully will show them that offering unencumbered mp3s (or any other open format) encourages people to pay for the product when it is offered at a reasonable price. What none of these content providers have figured out yet is that they are only going to make $XYZ a year anyway-- and that they can either help all their consumers obtain the works legitimately or there will be a built-in incentive for someone to attempt to crack the system.

      emusic.com could charge me $25-$50 a month or have some huge signup fee for unlimited access (and offer different service levels so that there were still some low-priced options) and it would still be worth it in my opinion. But if they followed the subscription model described in this article, there is no way I would sign up-- even if it were the *only* way to obtain music. I'd rather be stuck sifting through the used bins of all the stuff that's already out on unrestricted media and having to rip it myself.
  • Useless. (Score:5, Interesting)

    by sulli ( 195030 ) on Tuesday December 04, 2001 @08:49AM (#2653338) Journal
    Okay, so I have an iPod filled with 4G or so of music, and they want me to rent music that I can play on my PC (or Mac) only, and not carry around with me woth the rest of the tunes? I can go to a fucking bar and use a fucking jukebox if I want that.

    These will be total failures. Not that this is any surprise to anyone. Maybe they are being set up to fail?

    • Set up to fail ??? (Score:3, Interesting)

      by WilyHacker ( 14378 )
      This is a very interesting point that you raise and it seems in line with the record company mindset.

      Could they possibly be so clueless to think that this is an attractive option?

      Are they doing this with some malice to see how many suckers they can get? Testing the waters?

      Do they want to see just how dumb people can be?

      Unfortunatly, I see two ways that this could go:

      1. A moderate number of people use this service and they claim it to be a huge success.
      2. Nobody uses this service and they declare that commercializing music on the Web is impossible, therefore all mp3's are illegal and evil. They will use this "evidence" to run more music trading circles into the ground.

    • Neither service will allow users to transfer songs to portable devices or to CDs -- both considered essential features by many online music fans.

      This is the problem in a nutshell -- not the fact that I lose the songs if I end my subscription, but the fact that I can't back them up, take them with me, or burn them to CDs. Sure I listen to music on my computer, but I'm never bound to it. I can carry it away on CD or upload it to another machine at any time.

      If this service allowed me to download music to my home entertainment system and archive the songs on it, then this might be marketable. At least that way the music is located someplace where I or others will listen to it most. But this is a failure waiting to happen. If it was free, I'd accept the restrictions on portability. For $10 a month, nobody will.
    • Re:Useless. (Score:5, Interesting)

      by Rogerborg ( 306625 ) on Tuesday December 04, 2001 @11:05AM (#2654065) Homepage
      • These will be total failures. [...] Maybe they are being set up to fail?

      When this sentiment was being touted a year and a half ago, it was viewed as cynical paranoia. Now I'm hearing it more and more, and I think a lot more people are getting it.

      We enjoy chuckling at the apparently idiocy of the music industry, and their attemps to charge us for content in formats that we don't want, and we think we're oh so clever for cracking each attempt as it comes. It's funny right now, but he who laughs last laughs longest.

      I think we need to wake up and realise that the music industry isn't run by idiots. It's run by ruthless bastards who will go to any lengths to protect their monopolies. They do see a genuine threat in file sharing, a situation that they've brought on themselves by selling overpriced albums full of filler. They could change their model to compensate (drop the million dollar videos, for example) but I think they reckon they don't have to.

      Every time one of these schemes falls flat, it gives them a littel more ammunition to use to force an SSSCA through a Congress that's proved to be a real soft touch for business. They'll just make it illegal to own hardware and software that's capable of accessing raw data, and if you believe that's unthinkable, consider how you might vote on an issue that bored you (e.g. taxation or construction regulations) if you've just been treated to a limosine full of roofied cheerleaders, or a big paper bag full of unmarked non sequential small bills.

      So while it's great that we'll no doubt crack this in a few days and show just how idiotic a scheme it is, let's not get distracted. The long term objective here is to keep letting our elected representatives know that we're watching them, and that we know exactly what's going on. We'll buy music when it's offered to us on our terms: high quality (content and encoding), with a price that reflects the production of the music - not the marketing or the videos - and without any content control. If you treat us like thieves, you'll just keep encouraging us to act like thieves. Although, as sulli says, maybe that's exactly the intention.

  • Better License (Score:5, Insightful)

    by ers81239 ( 94163 ) on Tuesday December 04, 2001 @08:50AM (#2653348) Homepage
    It seems pretty obvious that it will take 1 week for someone to 'break the code' so to speak and allow you to keep your music.

    My guess: When you buy a CD, you don't have to agree to any terms or conditions (at least explicitly). However, when you sign up for this service, they can put more restrictions in the contract than exist in a CD purchase.

    Presumably, they can also watermark your files and know who it is that distributes the music online, and then come after you for breach of contract.
    • Re:Better License (Score:2, Insightful)

      by liquidsin ( 398151 )
      Presumably, they can also watermark your files and know who it is that distributes the music online, and then come after you for breach of contract.

      Unless they work out a system where they have a server full of non-watermarked files, and each is then tagged with a unique serial as the download is requested, it's totally unfeasible. The server space required to have so many uniquely watermarked files would be enormous. If the server watermarks each as it's requested, they can have it keep a database of the serial assigned to the file and match it up to the user that downloaded it. Mind you, we all know how secure watermarking is [princeton.edu]...
      • I don't remember where I read it (here or elsewhere), but one possible solution is that the users, when they rent the song, will download a significantly large fraction of it (99%), which will be unwatermarked and common for all users. However, this will be the 'bottom' part of the song; in order to play it, you'd have to download the 'top' other 1%, which can include watermarking information. Assuming that this is 1% of a 5meg file, and with 1,000,000 song out on rent, you'd only need 50gigs to store those small pieces.

  • No Way! (Score:5, Interesting)

    by zombieking ( 177383 ) on Tuesday December 04, 2001 @08:50AM (#2653350)
    Cancel your service, and you lose the ability to hear *any* of the songs that you've downloaded.

    That sentence right there is enough for me to never to sign up for this. But then again, I predict a 3.5 second waiting time before there is some kind of hack for this. I would still rather buy the cd's of the illeagle mp3s that I really, really like in my collection.
    • "Cancel your service, and you lose the ability to hear *any* of the songs that you've downloaded."

      That sentence right there is enough for me to never to sign up for this.

      And that gets to the crux of the matter regarding all these so-called protection (really control) schemes. They want to restrict you in ways that are unacceptable (have to listen from PC, can't copy to portable devices, continue to pay for the same content over and over, etc).

      Of course, as a libertarian, I support their attempt to get people to sign up for this. I doubt many will, in a free market, with other alternatives.

      There are several troubling problems with all such schemes:

      1) Often the terms to which one agrees aren't clear. People generally assume fair use rights over copyright material. Furthermore, people assume that what used to work, i.e. playing CDs in a computer will continue to do so. Or, they accept things like forced viewing of ads on DVDs as technologically necessary. Content providers haven't exactly been clear about copy-protected CDs and other restrictions, only that they're "fighting piracy". Too many people don't know that there are no technical reasons for such restrictions, only political ones.

      2)A free market would provide different kinds of restrictions from different content providers -- perhaps the most sucessful would permit standard fair use rights, with or without technological measures to ensure this. However, traditional content providers what to make such alternatives illegal, citing that the technology facilitates piracy, and restricting choice in a free market.

      3) The choice to buy or rent is always a good one to have. But, in this case, one is renting a static thing (unchanging music), and not access to an on-going service, like continued habitation of a living space. The only thing reasonable to rent here is continued access to new content, not old.

      4) It completely ignores, or suggests the illegality of, the value of caching content. Traditionally, content had to be on some physically visible media, that was difficult or costly to copy. But that physical media was valuable to consumers precisely because it held a cache of the content. All that has changed is that modern caches (computer hard disks) are all to willing to give up their content to any destination. The utility of the cache has not gone away. Removing it hurts consumers and renders them vulnerable to the failure of the content provider to remain in business, streaming the "one legal copy".

      When chosing between buying or renting, the disadvantages of renting usually are reflected in low on-going costs, as opposed to large capital outlays. Of course, if one wants the use of something long-term, the continued rental costs add up, making buying the smart choice. Lenders know that ownership is desirable and provide financing to those who are low on capital, but have good credit.

      A service like this, that provided instant access to a vast library of music, would be handy for a party, with a limitless choice of music (public performance issues aside). It has its place. But to suggest that it replace ownership of cached copies of content, or drive such ownership into the realm of illegality is absurd and misrepresentation of a course of action to get to such a point downright criminal.

      We need to educate the public at large. Technical arguments aren't going to do it, or at least they haven't worked yet. However, explaining the possible horrific outcomes of a world where information was owned only by the few, and rented at a high price, should result in a cry, "No! We don't want that world!" From that point one can push back, showing how certain technologies bring us closer to and not further from, that undesirable future.

  • pfft... (Score:5, Interesting)

    by Ozan ( 176854 ) on Tuesday December 04, 2001 @08:50AM (#2653351) Homepage
    Pipe the songs through the virtual audio cable [ntonyx.com] and you can do with them whatever you want.
    • Pipe the songs through the virtual audio cable

      Windows ME and Windows XP have a Secure Audio Path [evilpigeon.net] that disables all of a sound card's digital outputs or the driver doesn't get signed. No pipe for you, sorry.

  • Somehow I don't see myself buying into this service. This music thing is like the next .com thing. Except this time they are selling real products. In 2 years time 95% of these businesses won't be around thanks to their wacky business models. Who in their mind would pay for something that you have to keep paying for to use?

    The successful music over the internet companies will sell you songs that you keep for life, or at least until the next time your PC crashes.
    • the next succesful Music Label/publisher will be one that bases all their publishing on MP3s.

      If a company would step up and take this to where it can go, I bet they will become the bigest thing that the music industry has seen for a while...........MP3.com perhaps?
  • by skrowl ( 100307 ) on Tuesday December 04, 2001 @08:53AM (#2653358) Homepage
    Didn't you know that you can't use the word "legal" before the words "music downloads" in the United States? The RIAA doesn't believe in fair use, remember. The only legal way to listen to music is to buy a grossly overpriced CD that the actual artist MAYBE gets $0.10 from the sale of, and play it on your non-computer-based CD player.

    ANYONE offering any type of music downloads will eventually get shut down, especially places like emusic that allow you to just download an MP3 (straight into the dirs you have shared on audiogalaxy and gnutella, of course).

    Stop the RIAA before we all have to stop listening to music all together!
    • Compulsory license (Score:2, Informative)

      by yerricde ( 125198 )

      grossly overpriced CD that the actual artist MAYBE gets $0.10 from the sale of

      The songwriter, on the other hand, makes a full 75 cents from each record sold, which she splits evenly with the music publisher. Moral: to get rich in the record industry, write your own songs.

      ANYONE offering any type of music downloads will eventually get shut down, especially places like emusic that allow you to just download an MP3

      The United States has a "compulsory license" scheme (see 17 USC 115 [cornell.edu]) for sound recordings such that the copying party pays the label a set royalty for each phonorecord (i.e. copy) or digital delivery made, and the label can't veto it.

    • "Didn't you know that you can't use the word "legal" before the words "music downloads" in the United States? The RIAA doesn't believe in fair use, remember. The only legal way to listen to music is to buy a grossly overpriced CD that the actual artist MAYBE gets $0.10 from the sale of, and play it on your non-computer-based CD player."

      I'm with you all the way in stopping the RIAA. But I don't think it will get to the point where we'll have to stop listening to music altogether. At some point, the RIAA will make it so unpleasant to buy music that the artists will realise this is hurting their sales and therefore move to a different distribution method. It'll be good for the artists and good for us, but bad for the RIAA (but they shot themselves in the foot.)

  • Many restrictions (Score:5, Informative)

    by ancarett ( 221103 ) on Tuesday December 04, 2001 @08:53AM (#2653363)
    Wired news [wired.com] has also run this story [wired.com] with some more details about some of the services (and restrictions):

    RealOne Music consumers will be prevented from moving their music from a PC to a portable MP3 player because of digital rights management technology attached to the files.

    There is a limit of 100 downloads and 100 streams per month from the Warner Music, EMI, and BMG catalogs as well.
    • didn't anyone tell them that a product that has a complicated terms of use like "you can use this only if...but not before....and with out that....and if you do this then....oh don't forget that thing" but is precived to be usable in a certain way, will not sell.

      Music listeners have come to know that you are able to take music that you listen to and tape it and place it on other media for personal use. when they look at this they will get confused and say "ummmmI don't understand.....I will not get it"
  • Let's assume that most CD's are 10 tracks long and $15 a piece. This gives you 10 CD's you can download a month. 10 CD's which you can't play on your CD player. 10 CD's which you do not own. 10 CD's which if your hard drive crashes you may or may not be able to get back because you can't make backups.

    Now I feel that I buy a decent amount of CD's. I have about 300 which is a lot for some and a speck of dust to others. But most of the time there isn't even a new CD that comes out each month that I would want to buy. So why not just hold onto my $10 a month and buy my $15 CD's when they come out. The quality of that is guaranteed to be even better than whatever this service is offering and I get to keep it and do what I want with it indefinitely.

    On the topic of quality, MP3's as they currently are are pretty dang good to most people's ears. The amount of people that hear a difference between the two formats is questionable.
  • by Mwongozi ( 176765 ) <slashthree&davidglover,org> on Tuesday December 04, 2001 @08:55AM (#2653372) Homepage
    I'm presuming the downloaded music is in an encrypted format and requires a special player or codec, so that they can deny you access if you unsubscribe.

    This really isn't any different from a stream-on-demand service. You pay x per month, and this gives you the right to listen to this music whenever you want, until you stop paying.

    So... what's the point in downloading it? If the music isn't yours to keep, there's really no point in downloading it at all. Just stream, if you must.

    However, I will not be subscribing. If I can't listen to my music while I travel (Which is a lot), then there's really no point. I'm not going to sit down at my PC whenever I want to listen to a certain track. And I'm willing to bet that this music format isn't compatible with the various MP3-on-your-hifi devices kicking around at the moment, let alone any of the portable music players.

    I'll stick to buying the CDs, making MP3s, burning onto CD-R and playing them on my Diamond Rio, thanks.

  • by haplo21112 ( 184264 ) <haplo@epithna.cCOFFEEom minus caffeine> on Tuesday December 04, 2001 @08:55AM (#2653373) Homepage
    ...this me too, mentality that corporations have to glom onto someone elses good idea and try to make money, but at the same time make up their own rules for the whole thing, is totally out of control. They just keep taking cracks at this stuff, it never really works out because the real target consumer knows there is something better(Un-restricted MP3's, Ogg), cheaper(Free), and easier(name your P2P). Gnutella, and Napster et al, have good concepts, but the concept isn't to make money. Hell the distrubution medium(The Internet) was never ment to make money, just share information...things have always been free on the net, and always will be, I remember my best friend downloading Rush, Counterparts in college in Sun .au format in the early 90's it wasn't perfect, because at the time it had to be converted to .wav becuase we couldn't find a .au player for dos/windows, but it was out there.
  • by sdo1 ( 213835 ) on Tuesday December 04, 2001 @08:59AM (#2653391) Journal
    The record companies don't get it. People want music that they can have... forever (or at least seemingly so). It has to be easy to deal with, portable, and saveable.

    I'll sign up when....

    - They offer high quality files. 192Kbps MP3 is the MINIMUM. Lossless CD quality would be better.

    - They use an open format. No ticking time bombs. No proprietary players. Ability to take those files and burn onto CD. .mp3 is a reasonable standard until something better comes along.

    - They offer a LARGE and unrestricted catalog. I want obscure songs, b-sides, pretty much anything that's been commercially released.

    - They offer cover and insert art in a high quality format. If I download a CD, I want to re-create the whole CD... including the artwork.

    If they do that, yea, $10 or even $20 per month is more than reasonable. Anything short of that and I'm not buying.

    -S
  • This stuff here (Score:5, Interesting)

    by lblack ( 124294 ) on Tuesday December 04, 2001 @08:59AM (#2653394)
    These services aren't going to work for several reasons, or at least not in the foreseeable future:

    1) They are being created to counteract the spread of P2P filesharing services, IRC mp3 channels, and even websites that provide mp3s for downloads, not to mention your standard ripping / copying from friends. They are also well behind the pack -- the P2P sharing services provide more than these people will provide (huge selection of rarities & standards both), and they do it without a subscription fee (for the most part), and they do it without the red tape required in the recording industry.

    2)My first reaction was "So I spend $250, cancel my internet access after awhile, and then I have no tunes?" The straight retail CD business has a better model than this.

    3)They are providing content of the traditional sort (Studio releases, megahits), over a new distribution channel. They have failed to grasp that it is the non-traditional content as much as the non-traditional distribution that has led to the soaring popularity of first Napster and now Morpheus. If I want to track down a live version of Michael Stipe and Vic Chesnutt singing a duet of 'Wounded Bird', it won't take me more than an hour on existing (and illegal) distribution models. Would that song even be available on a corporate-run service? Probably not.

    I don't download that many songs -- I prefer to buy albums so that I get the additional content (sleeves, cover art, lyric sheets that weren't typed up by a half-deaf 12 year old dyslexic) and I also like to have a physical representation of what I own. I like to be able to pile my records/CDs. It makes me feel good to walk into my room and see the rows of brightly coloured cases and sleeves. It makes me feel dumb to walk into my room and see stacks of CD-Rs. People like me won't sign up for this service, will continue using P2P to sample new artists and then will subsequently purchase the album if it is enjoyable (my last 40 or so CD purchases happened like this). It'd be pointless to me -- I listen to maybe 20 songs a month over P2P. It'd be pointless to people who do a lot over P2P and obviously don't care about legal / artistic ramifications, as well.

    So who is this service for?

    I reckon if the business is run as a tight ship, they could keep a slim enough margin to stay profitable. But they're not going to be making cash hand over fist, and they won't be detracting from the appeal of P2P.

    -l
  • by tjwhaynes ( 114792 ) on Tuesday December 04, 2001 @09:00AM (#2653398)
    Hmmm. Lets see...


    cat /proc/asound/card1/pcmloopD0S0p > ! /tmp/output.raw


    Now play that funky music and...

    oggenc --raw /tmp/output.raw > song.ogg


    Wow. Making a copy of this music is gonna be reaaaaallly difficult.

    Cheers,

    Toby Haynes

    • by jamie ( 78724 ) <jamie@slashdot.org> on Tuesday December 04, 2001 @09:26AM (#2653507) Journal
      cat /proc/asound/card1/pcmloopD0S0p > ! /tmp/output.raw

      This is why the record companies...

      * don't want you to own CDs that can be played on computers [slashdot.org], or anything smarter than a dumb CD player hooked up to your analog stereo,
      * asked Congress to pass a bill [slashdot.org] that required all computers to provide copy prevention technology that would criminalize exactly what you describe, and
      * passed the DMCA [slashdot.org], which allows them to use any crappy access control measures they want, and not only will it be illegal for you to walk right around them, it will be illegal for you to tell someone else how to walk right around them.

      "Wow. Making a copy of this music is gonna be reaaaaallly difficult."

      In about ten years it sure as hell will be, unless Congress is repeatedly hit with the cluestick.

      And maybe even if they are. The computer manufacturers, content providers, and production companies (who are merging and will all be the same eventually anyway) would much prefer you to lease a Playstation, rather than own a computer. Much more profitable in the long-term. Sure, some companies will lose out if the industry makes the transition from selling you a Turing Machine to selling you a souped-up Gameboy. But the industry as a whole will benefit.

      • The computer manufacturers, content providers, and production companies (who are merging and will all be the same eventually anyway) would much prefer you to lease a Playstation, rather than own a computer.

        I don't think that Dell, for example, wants to be in that business. Or Apple. Even if Sony et al. would rather be in that business, they don't have market power - and probably won't be, if users continue to vote with their dollars and make "services" like this the total failures they deserve to be.

  • For $10 a month... (Score:3, Insightful)

    by alexjohns ( 53323 ) <.moc.liamg. .ta. .cirumla.> on Tuesday December 04, 2001 @09:02AM (#2653403) Journal
    In order for me to pay 10 bucks a month they would have to do the following:
    Put all music online.
    Let me access it on any PC, anywhere.
    Let me download it to a portable player.

    It doesn't matter if it's on a proprietary player in a propietary format, so long as I can get to it anywhere I have net access and a sound card and that it sounds good. At that point, I might consider it an essential service that I would pay monthly for, like phone and utilities. I already pay extra for having a phone I can carry around with me, and since I love music, the idea of paying $120 a year (which is far less than I spend on music right now) for unlimited access to any music sounds good to me.

    Wonder if there'll be subsidization for low-income families like there is for phones and such?

  • Why would I sign up for a service where they can take away everything I've paid for whenever they want?

    Pretty silly, but that's the nature of the music industry, isn't it?

  • I'm kinda confused by this. I mean, I always said that I would pay to get music from the net (as in per-song fee) but I would never pay to rent a music on the net. This is not like a movie-rental business because when you rent a movie, you usually don't care to see it more than once or twice, but when you like a song, you're going to listen to it quite a lot.

    They are probably going to fail with this plan and then come up with the usual excuse that the web is "not a good business place and blablabla".

    Maybe one day someone will realise that with good ideas and a somewhat logic price-tag, the web CAN be a good place to sell stuff. It just isn't the "promised land" dot-coms seemed to think 3 years ago.

    We know this. The question is, why don't THEY. I mean, you'd figure that with so many people working for these giants, at least a few of those executives or managers would have guessed it by now.
  • by mttlg ( 174815 ) on Tuesday December 04, 2001 @09:06AM (#2653416) Homepage Journal
    Imagine if you could get multiple free streams of music broadcast to you wherever you are, for free. Something where you just turn on some receiving device and select a stream. Something wireless, with receivers that could be placed in cars or worn on the body. The audio content could even be recorded if someone just wanted a copy of a song and didn't care too much about quality. If someone could come up with something like this, nobody would even think of paying for something as silly and worthless as this rental scam...
    • by Velex ( 120469 ) on Tuesday December 04, 2001 @10:21AM (#2653822) Journal

      It'd never work. These "multiple free streams" are clearly in violation of the DMCA. I mean, where's the copyright protection? If I want to give out copies of music I've heard over these "streams," as you've suggested, who's going to stop me? Surely, these "streams" will destroy the music industry! If we go sharing these "streams" around, artists won't get compensated for their work. Take away Mammon, and where's the motivation for original work like Brittney Spears, Christina Aguilaria, and the thousands of other pop stars with breast implants going to come from? What about proportionality? If these "streams" are "broadcast," as you say, then any number of people will be able to tune in, and artists will never get compensated based on who gets listened to the most. This is a very terrible idea. I'm thankful that these "streams" violate the DMCA -- I mean, where else are twleve year olds going to find pop stars to jack off to except the RIAA.

    • It will never happen. The server side would require expensive infrastructure, probably big metal towers and electricity and stuff like that. The only way they would be able to afford to send out the music for free, would be if they were to completely commercialize it.

      I'm just speculating, of course ;-) but there would probably be ads in between the songs, and the songs themselves would be extremely pre-filtered and not an accurate representation what the musician population actually creates.

      So I don't think your pipe dream is ever going to happen, except perhaps in a perverted form. Keep dreaming, you foolish idealist.

  • by Masem ( 1171 ) on Tuesday December 04, 2001 @09:06AM (#2653420)
    While we all agree that RIAA is being very slow to catch up to the net, I think they're also slow to catch up to the way people buy music. I would love a service that offered *crappy* encoded MP3s (say, 64kbit/s encoding, mono channel even) of every song on every album, so that I can at least judge the quality of the album before I purchase it. If I don't like the entire album but only one or two songs, I'd rather pay a reasonably small (no more than $0.50/track) price for those tracks as high quality MP3s.

    Nearly every major music store, as well as Best Buy and friends, have music listening stations in which most stores will be happy to let you listen to any CD they have in stock for a test run. If RIAA would simply extend this concept to the net, and again, use rather poor MP3 encodings to do it, they'd be finding a lot more friends among audiophiles.

  • I dont think so. Until music becomes available in electronic format that can be used on portable players, people will resist. But this is a step in the profitable direction.

    E-Music doesn't stand a chance. The only way it could work is iff you agree to buy at least 100 more songs, after you get your first 100 for free, at "Regular Club Prices". Even then, it probably will be regulated further to purchasing at least 5-10 songs per artist, like a static compilation. (Even some of my fave albums have songs I'd rather skip over)

    Once they get you into a membership, it doesn't matter if the songs can be passed around freely anymore, because it'll be so easy and simple to just pay the club.

  • by truesaer ( 135079 ) on Tuesday December 04, 2001 @09:13AM (#2653448) Homepage
    1) There will be no overlap between the services, so I either need both or I only get half the songs.


    2) If they expire when the service is cancelled, I take it that I can't burn a CD for my stereo, my portable CD player, or my car.


    What a shitty service. I will not be subscribing until it improves substantially. And if they want a LOT of people to subscribe, they had better move to a value ADDED business plan. If it just equals free sharing services, there wont be a lot of interest. They need to have some kinds of features that set it apart, as well as making it just as good as the free sharing services.


    But, I don't think that the music labels want to do this. Intead, this service will be used in court as a weapon against better sharing services. (ie "see, there's no reason to steal music, we have this crappy legal service that can be used instead!")

  • by Apreche ( 239272 ) on Tuesday December 04, 2001 @09:13AM (#2653449) Homepage Journal
    This is obviously a step in the right direction. It obviously isn't perfect, but nothing ever works right the first time through. My question is how quality will the music files be? Will they be 128, 256, 320? Whether they're mp3s, ogg, or some other format, will they be cd quality? I mean if I'm paying for music I'm going to expect to get the highest quality version there is. If I'm going to pay for low quality ones here I might as well go out an buy the cd.
  • What about all the new technology companies are producing to prevent all of the current MP3 sharing? I mean, they now are producing mp3 players where music can not be shared.... the only mp3's you can play on them are the ones you personally rip and encode.

    So, lets say I go out and just bought one of these "new" mp3 players because I only listen to my cd's anyways.... And these "new" mp3 players are being made because the RIAA is making such a big stink...

    Now lets say I sign up for the RIAA's new subscription service at $10.00 a month and find out these songs don't work on my "new" mp3 player!

    So who's going to refund my money?

  • by Jucius Maximus ( 229128 ) on Tuesday December 04, 2001 @09:24AM (#2653492) Journal
    When browsing the site today, I noticed a small, probably typographical error.

    I would appreciate it if you could fix this by reposting this article into the 'It's Funny. Laugh.' section.

  • by tsieling ( 124422 ) on Tuesday December 04, 2001 @09:25AM (#2653499)
    So what happens after you've got your hard drive filled with rented music and the monthly fee goes up to $199.95/month?

    Yes, because they want to make it completely unafordable. Why price yourself out of the market of recurring revenue, which is the goal. Stop being so fucking shrill about this. Does rent-a-song suck? Yes. Are they going to get everyone hooked and then jack up the price to 200/month. Surely the most asinine thing I've read here in a year.
  • They can offer all the services they want. I really don't care, but:

    that those swines started to intentionally cripple CDs in order to copy protect (cough) them, now that's a real disgrace and an insult to the artists.

  • The RealOne music service will let subscribers download 100 songs onto their computers every month for $9.95. It also offers 100 "streams", a radio-like feature where the songs are not stored on a computer's hard drive.


    I dont want "radio-like streams", I want digital high-quality music to go with my digital high-quality stereo system. Strike 1.



    If a subscriber to RealOne Music lets his membership lapse, he loses access to music that was already downloaded. In effect, this means subscribers are renting the music more than actually buying it.


    That ain't gonna cut it... People wont pay rediculous fees and then lose everything they collected when times are tough and they have to make some sacrifices on "extra expenses". Strike 2.



    Analysts say the label-backed services have some advantages over the free-song sites. The quality of the file transfer - which is crucial to how the music sounds - is guaranteed to be high, which is not so on free sites. And the labels' services also offer protection from viruses.


    guaranteed high-quality? streams are plagued by Internet slowdowns, and the MP3s I download now are 160+kbps. and "protection from viruses"?? how many viruses do you know that are sent in MP3 files?? the marketing spin-jockeys are hard at work.



    But there are other obstacles, too. Neither service will allow users to transfer songs to portable devices or to CDs -- both considered essential features by many online music fans.


    so.. you're forced to sit at your computer and listen to the songs that you dont own. what a great deal! lemme get my visa!




    While both services are expected to offer about 100,000 songs when they launch, subscribers to one service will not be able to hear songs on the rival.


    limited catalog and competing formats... strike 4, 5, 6, and 7.


    you're out. stop wasting everyone's time with your stupid ideas on "how to help people not break the laws that we wrote in the first place".

  • Another alternative: just crack the fscking file format and keep the files forever.

    It's been done before. It'll be done again. When will these clueless marketdroids and PHBs will understand that it is basically impossible to protect a file that you can download to an independent machine?
  • The line about "cancel your service and you lose the ability to listen to any of the songs" well, to do that, they must have to connect to the internet in order to work this one out. To enforce this, they must have their own player/codec/format/thingy which needs this to work. No net connection, no play (am I the only one having this trouble on MS Media Player?).

    How many people will actually pay for this shit? If you've only got one phone line and someone's using it, you can't listen. If you want to drag the laptop out in the garden for a barbeque and connect your amp & speakers, you need to run the phone cable out as well. Want to listen on the train? Well, you'll need a compatable cell phone and a lot of patience.

    As someone said earlier, the normal CD business has a better business model.

    I can see a few dumb people signing up for a few months, but after they realise that to listen to their purchases (legally - of course it's easy to rip anything one way or another), they need to huddle round the PC in the corner.
  • The quality of the file transfer - which is crucial to how the music sounds - is guaranteed to be high, which is not so on free sites. And the labels' services also offer protection from viruses.

    Ok, i know p2p has it's problems with speed, especially if the RIAA does a DOS [slashdot.org] attack. But virus on music (mp3/wma/realone) files: is this even possible?

    And the quality of the transfer: this is only important for streaming audio, and it is always less then non-streaming (on my 56K6 modem).

    They will have a VERY hard time convincing users.
  • by SerpentMage ( 13390 ) on Tuesday December 04, 2001 @09:34AM (#2653545)
    Last week here in Switzerland I decided to go to the shop and buy some video games. Well on my way I saw some CD's, VHS tapes and DVD's for sale.

    So I look at the price and they are as follows:
    CD: CHF 19.90
    VHS: CHF 19.90
    DVD: CHF 29.90

    Notice something interesting here. The VHS tape is the same price as the CD. Two things to note here.

    First when CD's and cassettes co-existed the price difference was not that big.

    Second a movie basically costs the same price as a movie. I hear the music industry whining on how much it costs to produce a CD, but EXCUSE' me how much does it cost to produce a film?

    The point is that the music industry is lost. While the music industry worries about illegal P2P the movie industry already has made their content easily available.

    Here is what I mean. Notice how easy it is to get movie content? Either through Pay Per View, Movie Theathers, Movie Channels, Hotel viewing, DVD's, Rental's, etc. The point is that the music industry has flooded the channels and as such their income is assured in one form or another.

    The music industry on the other hand has decided combat anything that is not based on sales of media... And the worst part is that the music industry keeps pumping out CRAP in terms of boy and girl bands.

    Maybe the music industry should take a lesson from the movie industry...
  • by jilles ( 20976 ) on Tuesday December 04, 2001 @09:40AM (#2653576) Homepage
    Just the other day there was a hilarious comic on dilbert about some guys in a swamp whose business model was to sell mud to people who live in mud.

    I don't see how this is any different. First of all the services these companies are competing against are 0$. On top of that there are lots of restrictions on what you can do with the music you download and you lose the music once you stop paying.

    There's simply no way this can be profitable. It has failure written all over it. Hosting the music costs money, licensing the music costs money, writing and maintaining the software needed for playback and license enforcing costs money. There's no way that cost can ever be recovered.
  • by acomj ( 20611 ) on Tuesday December 04, 2001 @09:45AM (#2653609) Homepage
    Dixv (not to be confused with the codec) was this DVD based movie format. The Divx -DVD's and your player would phone in and charge you every time you played the movie..
    I think there was a larger fee to "unlock" the movie permanently for 1 player as well. It was supposed to make rentals that you didn't have to return etc..

    Judging from the complete lack of Divx/DVD players in stores, I'd say consumers didn't go for it. So being fast learners they try it with music now..

    Of course with the headphone jack and a MiniDisc player the issure becomes moot..
  • Designed to fail (Score:5, Insightful)

    by isdnip ( 49656 ) on Tuesday December 04, 2001 @09:58AM (#2653691)
    I don't think that the record labels want or expect these services to succeed. They are designed to fail. When they fail, the record labels will have the cover of "plausible deniability" they need. They can say that honest people don't want online music, that they really want to purchase CDs, and that the role of the Internet is to accept orders for copy-protected CDs that can be mailed to them. Now nobody will believe this, but it will be all that Congress needs. That's where the game is played.

    And because Congress is in their pockets, they're protected by the DMCA. If (well, "when" is more appropriate) anyone cracks the service, they'll be liable for prosecution. So will web sites that post the cracks, although of course there will be just as many of these as there are sites carrying DeCSS. Again, it'll be a way of separating the world into "thieves" and their good customers.

    These services download proprietary encrypted formats, which is why there can be timebombs. They might be semi-useful for a Kid In A Dorm Room, for whom the computer (consumer grade Windows box with subwoofer, etc.) has become the music system. But if you can't move it to a real disk or portable MP3 player, then it's not going to be usable on your real hifi system or in the car. Big whoop. Again, designed to fail. Why pay $10/month for what is, in effect, the right to sample things?

    Now personally, I would be willing to pay a reasonable fee for the right to download some number of tracks a month, in an unrestricted format, and/or to sample (stream, whatever) from a catalog before buying. Then I'd burn my own CDs. The artists could make just as much as they do now. But the record labels are wedded to their high-overhead business models and don't care what the customers want.

    I expect an impasse to last for some time, with online filesharing continuing one step ahead of the law, until some successful artists band together and join an alternative to the Big 5 record labels. That alternative would promote online distribution as well as sell CDs, and would have the clout to buy radio play. No, not MP3.com, which was basically unsigned acts.
    • by i1984 ( 530580 )

      "Why pay $10/month for what is, in effect, the right to sample things?"

      The music industry isn't selling you the right to sample things, they're renting you the privilege of sampling things.

      Important difference. If I had any rights, could actually buy anything, or wasn't as a customer regarded by companies as their enemy, I would feel a lot better about things.

      It's hard not to be cynical when the corporate motto is: the customer is always wrong!

    • by Rob Parkhill ( 1444 ) on Tuesday December 04, 2001 @10:46AM (#2653964)
      Actually, I see things going in a different direction. Note how easy it is to break the protection on so-called "secured" CDs that are now hitting the market. The industry knows full well that these CDs will be cracked and copied. Showing that it is impossible to secure a CD that can still be played by a CD player will give them the "evidence" they need to stop selling CDs.

      Bam! In comes the next audio format they want to shove down your throat. SCDs? Maybe. DVD for everything? Not likely, that's already been broken. But expect them to phase out CDs and bring in their "new" system, using the insecurity of the CD as their excuse.

      When there are no more CDs to buy, they can force these online "rental" agreements down your throat if you want to listen to their music. If the copyright owner decides that they only way to get their music is through an online rental, then that's what they can do. A little support from the OS vendor, and you can be sure that the songs will only play on approved devices (with drivers cryptographically signed by the OS maker to ensure that no annoying "third party" drivers pop up to allow undesireable uses of that audio stream...)

      The sad part about this is that these folks have put SO much work into sellling/renting songs at $.10 each. Really, $10 a month, 100 downloads allowed, that's only $.10 a song. You really think anyone would bother with Morpheus if they could be guaranteed a fast, complete download of their favorite tunes for ten cents each? Hell, double the price and I'm still only paying three bucks for an entire album. They just don't get it.
    • Except that by saying that "Honest people don't want online music", they seem to be saying that pretty much everyone I know is dishonest (yes, I know that anecdotal evidence is not real evidence, but ..) as they do want online music. They don't want online music which can only be played on their PC, and they don't want a wide selection, consisting of Britney and NSYNC (however you write it).

      Revenues are falling in the record industry and costs are higher. They have to put sooo much money into getting a record to chart now, that

      it's not economical to promote anything which wont sell loads

      they have to sell as much of that crap as possible

      I, for one, would be buying more music (on CD) if Napster was still there (and I could get to it from work - damned firewalls) 'cos I could listen first. I've got more chance of shagging the pope than hearing anything to my taste on the radio these days. If I can't check it out first, then I'm not going to risk the money.

      BTW I came across this site [sheetmusicdirect.com] last week. I can just pay, print out the music, and then I can be sure that it'll play on any compatible piano ... well it could if I could play it properly.

  • No Brainer (Score:2, Insightful)

    by databirds ( 541197 )
    This is the worst logic the music business has come up with since the price of CDs. The price of CDs, more than anything, IMHO, is the reason that P2P sharing is so overwhelmingly successful. If they's make CDs available for $3-$6 (and there's plenty of fat in that price), who'd spend $2M on equipment and $20 a month connection to download commercial tracks?

    I love it. This is the first time the fans have run the music business since the sixties. This round, they're going to lose.
  • ... but I'd like people to think about why it won't work. The most obvious point is the whole needing to maintain your subscription - even at $10 a month for 100 songs, most people aren't going to be into effectively committing to this service for life.

    Step back though, consider why they're doing this. Do people really think that the record companies get a kick out of not letting people listen to music while on the move? If you do - fine, I'd like to know why, but its your opinion. I feel more though that the fear the copying of the files.

    Can anyone here genuinely tell me that most of the efforts toward breaking the security on this will be so that someone can distribute music amongst their friends? I'm reasonably willing to bet it'll be broken because someone wants to copy files illegally, not because they're frustrated with the subscription model. Maybe I'm wrong - DVDss were a good example of where this theory has been wrong - but even there, the information was rapidly adapted to allow people to copy DVDs.

    Perhaps people could think more about how illegal copying affects everyone. If you don't agree with the pricing of some music, sure don't buy it, but also don't copy it. Make a statement that you're willing to go without this, because it costs so much, not a statement that you're going to copy it because its cheaper.

    Also, everyone that's saying "this model will never work, its not what I want" - are you going to do anything about this? Are you going to contact any of the companies involved, and tell them you're opinions in a calm and rational way, or are you just ignore the entire thing. These companies won't realise what people want, through magic, so tell them!

  • ...there wasn't that looming threat of "Cancel your subscription, lose your music"

    IMO, 10 cents per song is a great idea. Except that it must be a permanent purchase, not a "rental." If it is a fair deal, which 10 cents per song is (permanent), then people will flock to it. Make them MP3s (I saw a discussion earlier in the thread about a service just like that) and it will be even better.

    I believe the whole reason that Napster and free clients were widely used was that the record industry was charging way too much for CDs. Keep in mind that the cost of the more expensive to make cassettes has hovers around $10, even while CDs at the mall shops has risen to almost $20.

    People do not want to pay $20 for a CD. And that is really the crux of the record industry's problem.

    Greg
  • Why? Well, essentially, it means for 10 bucks / month (1/3 of what I spend on morning coffee), I get reliable, high quality music downloads, and I don't have to put up with GNutella's crap. Sure, AFter I d/l the songs, I'll use my line in jack to convery them to MP3/OGG so I can do what I want with them, and won't be at risk of losing my music (Shh, don't tell the RIAA!). But I sure won't be sharing my songs over gnutella. Pirating IS wrong, the only reason I used to do it was it was convienient. Seriously, if you look at what you're getting fr measly 10 bucks (the equivalent of 9 CD's of music, plus, only th songs you want on each), it's quite a bargain.

  • Rent it, rip it through Total Recorder [highcriteria.com] to MP3 or Ogg Vorbis or whatever, cancel. There's always a way to pirate.

    Not that I'm advocating such a thing, of course, just pointing out that if someone can hear it, they can copy it just as easily. Copy protection schemes are just a waste of effort.

  • The great advantage of the internet is that we can have a huge content available for a little (distribution) price. With napster, we typed the name of an artist and had a lot of content from that artist. Now, it's more and more difficult to hear the music we like. The street stores can't have everything. We can buy a CD online but we have to wait and of course, we have to buy the whole cd.

    The music distributors are in fact putting restrictions on what we can hear. They select what we have to hear, and how to hear it (windows media player, not on a cd, not on a portable device, not if your rental expires) and then promote and distribute it. It is well known that independent distributors can't survive in front of the big ones. No wonder the EU commission is planning a lawsuit.

    Smaller artists are getting screwed because they can't get to their public as easily as they could with the internet.

    If you want to support them, go to their concerts.
  • on my home computer? that sure as hell aint worth no 10 cents a song, I want to listen to the music on my 500 watt surround sound system with its 15" woofers, not on my 4" computer speakers and sub woofer. I want to listen to them in my car, while I jog, where I work, I cant bring my desktop with me to listen to the songs...

    this is, as has been pointed out, designed to fail...

    Thank God for alt.binaries.sounds.mp3.bootlegs, Used CD shops and pawn shops...
  • Virus? What virus? (Score:3, Insightful)

    by OpenSourced ( 323149 ) on Tuesday December 04, 2001 @11:28AM (#2654165) Journal
    The quality of the file transfer - which is crucial to how the music sounds - is guaranteed to be high, which is not so on free sites.


    "file transfer" quality being crucial to how the music sounds ? I bet some kind of music is playing forever in the reporter's mind, impeding his thoughts.


    And the labels' services also offer protection from viruses.


    Viruses? What viruses? Any evidence of an MP3 virus? Not that I ever heard. Hits of FUD campaing, if you ask me.

  • There are already some working sites for downloading music with a monthly fee. I will here analyze two of them :

    1 e-compil (universal)

    - prices : 8 for 10 downloads or 15.5 for 20 downloads (per month, min. 6 month)

    - audio format : windows media ! quality unknown

    - choice : ridiculously small, few artists, only one or two song per artist. (Example : only 45 titles in the techno/dance category !)

    - ability to transfer songs to a portable device : limited, you have to use microsoft active sync.

    - interface : minimum

    - artists retribution : unknown

    - no search engine

    - url : http://www.e-compil.fr/

    2 emusic

    - prices : 14.99$ a month (3month) or 9.99$ (12 month min.), unlimited download

    - audio format : mp3

    - choice : large number of artists but many of them obscure; many full albums.

    - ability to transfer files : maximum, they trust the customer.

    - interface : good

    - Artists are paid per download.

    - url : http://www.emusic.com/ [emusic.com]

    Conclusion

    Unfortunately, those two services are not what a music enthusiast expects : e-compil is pure crap (at this time), windows only, very limited choice. emusic is better. The only problem is that they only have the music that the big bussiness has left them and that is sure not enough for a music fan : we choose music we like, not music produced by X or Y.

    We'll see what pressplay and musicnet will offer but I praise you to never, never commit to a service that use windows media. Microsoft has already a insane grip on the computing world, don't let it come to the music world.
  • by theoriginalturtle ( 248717 ) <turtle.weightlessdog@com> on Tuesday December 04, 2001 @01:48PM (#2654855) Homepage
    When the whole shitstorm over Napster was playing out in court and the mainstream media over the last 12 months or so, I thought a lot about why people want music over the net, what they want, and why they don't want to pay for it.

    Quit laughing, the answer to "why they don't want to pay" isn't as obvious as you think.

    I don't want to pay because the money's not going to the right place.

    For better or worse, the Napster/P2P phenomenon is an American contrivance, and a lot of it is built, though not necessarily by Americans or in America, with American sensibilities. The Great American Idea is, "I want what I want, where I want it, and when I want it." And the complement of that is, "I don't like to be conscious of being told what I want."

    The major labels are trying to play this like they have, or soon will have, total control, same as the old pre-cassette LP days of the 1960s. If you want to hear this music, you go to a store we designate, and you pay some money for a physical flat, black circular object and take it home to play it.

    A lot of the labels (just like a lot of the book publishers until a few years ago) still think that they're in the business of selling physical containers for media, when really, most listeners don't give a shit how the content is packaged, they want what's IN it.

    But it's that "control" thing that will nuke the labels in the end, because it runs counter to the Promise Of World Interconnection: anything you want, you can find, right now. Anything. The ethic of the labels is, "you can only have what we choose to sell you, when we choose to sell it, nyah."

    This offends people. It sure offends ME. I could not possibly give a rat's ass about Britney or Garth or Blink or N'Sync. But the things I am interested in finding are uneconomic for the labels to choose to sell to me on physical media. If I'm interested in finding a particular track by a particular obscure 1950s Detroit blues band, and they recorded only one album that was released locally and there's maybe only ten copies left in the entire world, in a solid-media world, I am completely forked. That is, unless some major label chose to buy the rights to the album, then chose release it on CD, then chose to distribute it AND the stores around me chose to carry it AND they're not out of stock that day AND the counter staff has some idea of what bin it was chucked into.

    All I wanted was to hear "Winin' Boy Blues," and I've gotta go through all that? Scruit.

    Look at it now from a net perspective: all it takes is for one of those ten people to sample their rare LP, convert it and stick up a Gnutella host. I can then find it, and hear the music right now, and by extension, pass it along to other people who might hit my Gnutella node. No flat, black, rare expensive scratchy things involved.

    I want what *I* want, not the shit the label wants me to buy this month. Nothing about any of these online distribution schemes is built to account for that paradigm. And nothing about their paradigm interests me. So yes, I will continue "stealing" the older, less-mainstream music I want, because I don't want any of the stuff they're trying to sell, or if I do, I don't want it on their terms, because their terms don't suit my intended use and strip me of fair-use rights under law.

    The one big flaw in my approach is that the creators of the music don't get paid, and I want them to be paid. However, there's nothing in the major label structure that assures that they will be if I hand over my money to them, either!

    One way out: rather than try to take on the labels at their game, invent a new one. Bypass the existing rights-management mechanisms and set up a net-based rights cooperative to handle micropayments directly to the artists, a la Amazon's Honor System. Not just for new or unsigned artists, but all artists, including the estates of dead ones. If I want to use an early Fugs track in a film I'm doing, or want to burn some Wes Montgomery to CDR for a friend, I go to the clearinghouse, find the track, find the item, list my use and contact info, and arrange for payment in real time. For artists and material not yet tracked, put it in interest-bearing escrow until such time as they can be.

    They get paid, I get my stuff, and the control of labels over what I hear is reduced. The trick is going to be, get the rights to material to revert to the artists rather than continuing to let labels hoard masters they'll never, ever rerelease. Copyright was never intended to be a way for people to bury intellectual property.

    I did an earlier essay on this that probably puts it better: The Death Of Napster [weightlessdog.com]

    Turtle

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