Bertelsman Seeks to Buy Napster 170
jbc writes: "SF Gate is one of several places carrying the story that Bertelsman, which already invested a significant amount of money in Napster, is now looking to buy Napster outright. This is based on an interview with Bertelsman CEO Thomas Middelhoff that was published last week in the German newspaper Die Welt."
Sure, go ahead... (Score:5, Funny)
Corporate media mergers (Score:4, Informative)
Michael Powell of the FCC is actually actively lobbying to tear down the rules against greater concentration of media mergers. And of course the RIAA and the companies that are buying up all the radio stations (Clear Channel, Infiniti, etc.) are helping to shut down webcasting. Pretty soon the media landscape could look something like this [subintsoc.net]...
This just in... (Score:1, Funny)
In an unrelated story, Disney is seeking to buy Usenet & FTP
Re:Corporate media mergers (Score:1, Funny)
Re:Sure, go ahead... (Score:2, Insightful)
-Turkey
Re:Napster? (Score:1, Insightful)
the brand name. geeks may have long since forgotten about napster, but there are plenty of middle-aged pc-literate consumers who haven't.
Re:who cares (Score:1)
Consumer is unwilling to pay too much for music rental, not against it in principle. Won't be as popular as Napster used to be because of the difference in price.
Re:who cares (Score:1)
Granted, that $300K/month is not even close to enough to keep XM-Radio afloat, this does not imply complete failure of the music-rental business model. In fact, it is direct evidence that it could be successful, provided the economics are right.
Re:who cares (Score:2)
76,000 as of Apr 1 [wsrn.com].
Of course, you seem to have an odd view of success. When KPMG said, on March 19, 2002 [wsrn.com] that XMSR's need for additional financing "raises substantial doubt about our [XMSR's] ability to continue as a going concern", the stock dropped 13%.
> Granted, that $300K/month is not even close to enough to keep XM-Radio afloat, this does not imply complete failure of the music-rental business model. In fact, it is direct evidence that it could be successful, provided the economics are right.
Sure, anything can be successful, provided the economics are right.
1) We spend gazillions of dollars building a satellite radio system,
2) The economics become right!
3) Profit!
As you correctly point out, their current revenues aren't even close to keep 'em afloat. Given how far away they are from profitability, I'd say that's an indication, not that it could be successful, but that the economics are wrong. How wrong? Well...
They project that they'll end the year with 350K subscribers. But even $3.5M per month - call that $50M/year - is a far cry from profitability when you're spending >$280M/year (indeed, $130M in last quarter of 2001! $53M on sales and marketing, $40M on operating costs!) to keep the business running.
Source: XMSR 4Q announcement [wsrn.com]
Let's see. It cost them $135M to run the network last quarter. They took in $500K in revenue - $245K from subscribers, $294K from advertisers, on 27000 subscribers. *giggle*
They have about $200M in the bank.
If it costs them the same $135M to run it this quarter (1Q02) and they had 76000 subscribers, then I'd be hard pressed to see them get more than triple that. But I'm feeling generous - so let's quadruple the revenue - that's still only about $2M of revenue. Hey, double it to $5M for all I care.
If my guesses are right, that leaves 'em with $200M - 130M = $70M in cash as of April 1st.
In a business that's costing them $130M per quarter.
Unless I've grossly overestimated the business model (but "system operating costs" and "sales and marketing" don't look like one-time startup costs to me), or grossly underestimated subscriber growth (as in, by an order of magnitude - but even 350,000 subscribers at my generous $22/month estimate will only give $23M per quarter), XMSR will have to get more financing (issue more stock, get a loan, issue bonds or convertible debentures) before summer, or they'll no longer have the cash to pay the bills.
We'll find out in a few weeks when their first quarter report comes out.
Personal opinion - XMSR is cool tech. Sometimes, being first to market with new tech is an advantage (Amazon, eBay). But other times, particularly in industries with high startup costs, it can kill you (ILEC-vs-CLEC, all the dead DSL companies, and now most of the telcos). The early bird may get the worm, but the second mouse gets the cheese.
As always, do your own due diligence. I have no position (long nor short) in XMSR. The ramblings of a geek on Slashdot are no substitute for professional investment advice.
Oooh, the Germans are mad at me, I'm soo scared! (Score:4, Funny)
Re:Oooh, the Germans are mad at me, I'm soo scared (Score:2)
If there were to be an exception, though, it would be napster - for one moment, the most visible symbol of online freedom.
Re:Oooh, the Germans are mad at me, I'm soo scared (Score:1)
Easiest way to ensure Napster's legality (Score:4, Interesting)
An interesting experiment, indeed.
Re:Easiest way to ensure Napster's legality (Score:1)
In other words, the other major labels (if they're still interested -- I don't know what they lawsuits have been doing lately) could effectively sue Bertlesmann -- and Bertlesmann has a bit more at stake than Napster did to simply declare bankruptcy or send out "Sorry, your investment returned nothing and now we're dead" letters.
Frankly, I'm surprised by this move. Bertlesmann was already pretty much single-handedly funding Napster, thereby exhibiting a large amount of pressure as to Napster's next few moves, both technology- and litigation-wise. About the only thing Bertlesmann didn't already own was the liability aspect. I'm not sure why they'd bother to put "Sue Us Now" down in blood, at this point. Seems quite silly to me.
Unless of course they're planning on rebranding Napster as "MyPlay2".
Re:Easiest way to ensure Napster's legality (Score:2)
Re:Easiest way to ensure Napster's legality (Score:1)
Perhaps? (Score:3, Interesting)
Re:Money (Score:1)
Re:Money (Score:1)
Doesn't this prove the point of the RIAA. IE: pirates only wanting something for free.
You don't "create" the music at all, you are merely copying it from someone who put their hard earned money into producing it: artists and or record labels.
To restate what I said before, it is just trying to squeeze some of my hard (LOL) earned money out of me for the sake of a record company and in return I get useless goods
really? useless goods? Then why download it for free if it's so useless.? because you're greedy. 1000 times more than any record company. At least they aren't coming to your house and directly taking money out of your pockets by force.
Re:Money (Score:1)
Give me a break fella, first of all pirates do want things for free that is why they are pirates. Second, artists get money from their creation? Nope, I really don't think that the 3 or 4 cents cut on a sale of a cd is hurting them at all. If you side with RIAA realize that you are siding with an empire that has STOLEN individual artists rights to their own art, work, creation, or whatever you want to call it. Do you really feel this way or are you wanting to impress yourself with your comments?
In regards to the greedy part, glad you feel that way, however I am most glad that you have taken the time to measure how much greedier I am. What are you a five years old? Does your mom know that you are on this late at night?
Side with the record company and no one wins.
Can't believe I wasted my time replying to your message, but oh well I guess it had t be done.
"Entertain the Brutes"
Re:Money (Score:1)
Not that I like the behaviour of the RIAA or don't think that the whole business could be arranged much better, but the "I want everything for free!" faction IS hurting the artists, IS acting purely out of greed and quite pathetic with their oft-repeated flawed justifications.
Re:Money (Score:1)
"Entertain the Brutes"
Re:Money (Score:1)
really? did that happen between the legal contract that was signed with the artists and the music that is recorded, produced, and promoted through their studios?
In regards to the greedy part, glad you feel that way, however I am most glad that you have taken the time to measure how much greedier I am. What are you a five years old? Does your mom know that you are on this late at night?
great way to defend your statement. Insults will get you nowhere.
Side with the record company and no one wins
Are the record companies breaking the law? yes
Are they passing Unfair laws to which I am against? yes
Do I feel they should have their intellectual property rights taken away? no.
Re:Money (Score:1)
Well, take what is yours!
Re:Money (Score:1)
Well, take what is yours!
I know, I saw it.
Does that mean you're admitting im right?
heh.
Re:Money (Score:1)
Napster is yesterday's technology (Score:1)
Re:Napster is yesterday's technology (Score:1)
Re:Napster is yesterday's technology (Score:2, Funny)
Or Windows XP, for that matter.
Other things he's bought recently (Score:5, Funny)
- Disco Ball factory
- Menudo
- 386 12mhz, 20mb HDD, 640k RAM and a copy of Commander Keen
Re:Other things he's bought recently (Score:1)
You mean Sony? That would be a great purchase!
FYI, Sony still manufactures Beta cassettes, you can buy them from all sorts of video places, I get mine at the local Radio Shack [radioshack.com] though. Very nice picture, great for porting over to MPEG2 (it beats those crappy 8mm dealies)
As for goofball buying up Napster, more like him buying into open reel VTR, now thats a dead format!
Re:Other things he's bought recently (Score:2)
Hah! You'd be suprised! When I was working for WMUR in Manchester, NH (during their move to a new building, I ran cables, wired up patch panels. Not a bad part-time job right out of high school). They still got commerical reels and ran them from the real. As late as 1999 they were still doing this. They were converting to running them off of a computer system (some propritary thing that they had custom built, it was sweet) but they continued to have problems with it and would turn back to the old reel units.
Re:Other things he's bought recently (Score:1)
This is not BETAMAX, Sony haves all sorts of stuff called "Beta".
Re:Other things he's bought recently (Score:2, Funny)
Wow, really? So did I! I got it for $4 on eBay, and since I had bought some other stuff, I got shipping for it for free! And Commander Keen [yahoo.com] is a pretty good deal at $20, too...
But Napster? Man, I don't know what I'd do with that. If it was an intelligent, peer-to-peer, firewall- and proxy-friendly, fast, resuming, easy-to-use file-sharing system, that'd be one thing, but to today's internet users, it's almost as much of a folk tale as, say, B1FF [tuxedo.org]...
Re:Other things he's bought recently (Score:3, Funny)
And what's wrong with Menudo?
Cool (Score:2, Funny)
*3* ab machines? (Score:2)
Usually exercise machine purchasers fall into three categories:
Re:*3* ab machines? (Score:1)
I do own ONE unit, an Ab Roller, which works great for about a month until your muscles get used to it. But for effect it can't be beat...I always laughed when friends came back the next day after doing 3-5 "rolls" complaining about how much their abs hurt.
Re:*3* ab machines? (Score:1)
I suppose you could add a fourth definition of complete morons to include someone who continually kites checks to buy exercise machines they never use..
15 million dollars? (Score:2, Insightful)
Hmm. (Score:2)
I wonder if they'd be interested in buying a 1982 AMC Spirit with a blown engine. My neighbor's got one just sitting there, and these people sure sound like suckers to me.
--saint
buying somthing that no one uses eh? (Score:2, Funny)
Re:buying somthing that no one uses eh? (Score:2, Insightful)
No need to state the obvious (Score:1)
These businessmen should probably know a thing or two that we don't and have a business plan to make the outfit succesful. Like it or not, we cannot dictate what makes for a successful business since the net community has a bigger slice of "consumers" that will hungrily lap up anything it sees.
Alright... (Score:2)
Only an idiot wouldn't sell (Score:1)
The shareholders should sell for whatever they can get. If this company is dumb enough to buy a dead product, LET THEM. I mean, take the money and run.... as the old saying goes...
A fool and his money are soon parted...
Napster version (Score:1)
what are they buying? (Score:1)
didn't we predict this long time ago (Score:2)
The only way (Score:2, Insightful)
Umm... (Score:1)
Sex, lies, and MP3s (Score:1)
Sadly, Napster's inevitable failure under Bertelsman will only confirm conventional industry wisdom: those who say they *want* to be legal are lying. Most users care more about getting their content for free than the 'convenience' they claimed Napster offered.
--the verb
Does it really matter? (Score:5, Insightful)
However, as I've seen with my little sister and her friends (and others of the pre-teen to teen age group), they have "grown up" on free music whenever they want it, so "why buy the CD?". At this young age, none of them had given any thought (nor had I at that age) to Intellectual Property and the other issues regularly discussed in the heyday of Napster.
It is the difference between "The artist certainly has rights, but the industry is subverting the process to their substantial benefit, and this must be altered." and "Hey, we have a right to free music, how dare you take it away?"
And obviously, this demographic is too large to ignore.
-----
Whimsiprotocol - n. 1. Standards of action or thought developed in a fit of ineptitude.
Re:Does it really matter? (Score:2, Insightful)
1. They need to make the music easier to buy that to steal.
2. They need to make the music affordable to the demographic that is stealing it. This may imply that costs are offset by higher prices for music in other demographics.
Re:Does it really matter? (Score:1)
(no i'm not fifteen anymore
Re:Does it really matter? (Score:1)
How many problems would cease to exist (or be vastly altered for the better) with better parents?
Re:Does it really matter? (Score:1)
as such i feel no moral obligations to pay for most of the software i use, there is an entire generation of us (i'm 22 for reference) and all this is is our siblings doing the same thing with different content, i know my little brother does, how about yours
Re:Does it really matter? (Score:2)
It's hard to say anyone is taking a "civil disobedience" stance on online music sharing. Many people are using it in a positive way , like you are, but that is in no way "civil disobedience". To take a stance like that, people would have to openly share music, and be willing to be arrested and/or sued for it and pay the penalty. Logging onto Morpheus (or Limewire, or Kazaa, or whatever) under an alias, and downloading music is not civil disobedience. Logging onto a public BB and using your own name with your own true contact information and trading music, and then making sure the authorities and the music companies know about it would be civil disobedience. Hiding behind Morpheus and the anonymity it provides is not civil disobedience.
How does it really matter... (Score:4, Insightful)
I would be quite pleased if I saw a decent way to implement the decentralization of authority. Since I don't, I look at every social challenge to centralized authority as a possible good thing. The RIAA is going for maximal visciousness and to hell with the bystanders anyway, so there is no reason to consider how they feel about things. Therefore, the question to me becomes:
How can the musicians be supported without simultaneously supporting the RIAA?
This doesn't mean how can I as an individual support some particular musicians. I could clearly send them a check. It's how can we structure social interactions so that musicians are supported, and the RIAA is not. The clear and obvious answer "Support you local musicians
There exist problems here. Musicians are frequently coerced into signing exclusive agreements. Etc. So maximally popular groups will tend to be those that have the most advertising dollars spent on them. But this doesn't equate with the maximally talented groups. Perhaps groups that aren't picked as "STARS!!" could sell CDs directly on the web (from their home page) with the MP3s being used as cheap advertising? It might work.
Re:Does it really matter? (Score:3, Insightful)
I hope anyone who buys anything from me does so because they feel what I offer has value and they wish to cooperate with me by exchanging some money for some goods or services. I'd be sickened if I thought I was only paid because people thought they had to pay me.
I don't think trade is something we learn by experience, but rather it's something which springs up naturally from a feeling of respect.
On the other hand, intellectual property is a very strange concept indeed, and I will probably release all of my intellectual or artistic creations as public domain. The amount of work I put into them doesn't change with their popularity. Their value to others may be greater, and I would accept any compensation offered, but once the information is released, it has a life of its own.
Re:Does it really matter? (Score:2)
Unless you're an artists involved with the major labels, who gives a shit about artists? I know I don't. Anybody who gets to make music as a full-time job already is so far ahead of the rest of us working slobs that unless they're living on the streets with nothing to eat I have little sympathy for whether they're making $100k or $10m per year.
The real thing to protest is why the recording industry wants to expend so much energy fighting for an old, brick-and-mortar, album-based sales strategy that clearly is not in tune with how people want to relate to music.
I have around 500 tunes I've gotten online. Nearly all of these represent back-catalog tunes from old 70s dinosaurs. I'd never buy the albums for $15 (the arists aren't that good and the entire album is full of BS filler material), but I'm pretty sure if I was browsing online I'd have bought the tune for a $1.
That's over $500 the music industry *hasn't* made on me. I wouldn't have the music without Napster, but they *still* wouldn't have gotten me to shell out $15 for album with two songs I want.
Even with Napster, I would have gladly paid $1 for each song -- no BSing around, better downloads and quality encodes, and so on. Why can't they figure this out?
Re:Does it really matter? (Score:3, Insightful)
Damn ... whoda thought (Score:4, Funny)
I bet Shawn Fanning has no regrets.
Re:Damn ... whoda thought (Score:2)
Re:Damn ... whoda thought (Score:2, Insightful)
This, for a company that at one point in time was one of the hottest things on the Net.
Nope, I'm sure he has some regrets...
Bertelsman bought and closed myplay (Score:5, Insightful)
Is this some new tactic to buy and close music software companies?
Re:Bertelsman bought and closed myplay (Score:1)
Of course not, it is blatant Capitalism; buy up competition and BURY them, even if they are small and maybe of no consequence; the consumer must ONLY see your product. In Toy Story, the Dino says that he is from Mattel, but then explains not really, that he was actually part of a small startup bought out in a leveraged buy-out by a mega-conglomerate.... Mattel has been doing this for years.
pretty lousy tactic if you ask me... (Score:1)
Re:Bertelsman bought and closed myplay (Score:1)
we'll keep writing new stuff.
if Bertelsman want's to buy crap software for a fortune on the end of it's life cycle, let them. if they close napster, who here is really gonna get screwed....
only the people who subscribed to the business model, proving to those who thought it was crap in the first place that they might be right.
Ok whatever.... (Score:1)
________________
Filesharing clients... (Score:3, Insightful)
<state the obvious> Napster is not the phenomenon, filesharing is. </state the obvious>
However, that they are ready to pay between $15 and $30 million USD makes me wish I had written a peer-to-peer with central DB software client. Yikes.
Who cares? (Score:1, Insightful)
I mean really...
Divide and Conquer (Score:3, Insightful)
Isn't there a law against that already?
Will this work? (Score:1)
Could be a good thing... (Score:4, Interesting)
It's possible that they'll revamp Napster and turn it into something interesting. For example, what if they put up a server with tons of bandwidth and a ton of interesting songs available, complete with a reasonable per-song price. That'd be far better than any other record label is producing nowadays and would be a step in the right direction.
I just hope they don't put stupid restrictions on it like 'you have to use
Maybe I'm being over-imaginitive, but it'd be nice to see a music company show some interest in the new market created by the internet, instead of trying to shut it down.
Re:Don't get your hopes up (Score:2)
Well that sucks. I think you're right. If they're protecting the CD's, then that means that the MP3 version of a song has value aside from the CD version. (even though it doesn't, not that I'd pay for.)
That probably means that even if you have the CD version of the song, they'd still expect you to pay for the Mp3 version. That doesn't fly so high with me. I'm willing to pay a modest fee for them to deliver it to me, but the cost of an album's worth of Mp3's better not exceed the album.
I wish I could just buy a 'certificate' for a song. If I put a CD in my drive, then the songs on the CD earn a free certificate. Then I'd be free to download MP3's all I want, provided I can show I have a license for them. The certificate price of individual songs should be pretty cheap though.
That way, no matter how I recieved a song (i.e. copied a friend's, downloaded from the web, or bought a collection on CD), I could pay the company who produced it. If they're willing to treat me like an honest person, I'll respect them by paying for it.
It will never work (Score:2, Interesting)
Instructions (Score:2)
2) Empty wallet into toilet
3) Flush
4) Repeat as you feel is necessary
HOW much? (Score:4, Funny)
Oh yeah, .com economics. I'd almost forgotten. Actually, this looks a lot like a sort of weird poker game:
The one thing that I would bet on will be that the first thing Bertelsman does is to have a good hard look at Napster's accounts and figure out what the hell did happen to that $80 million. They can't have spend it all on lawyers and a crackpot crippleware scheme, surely? Surely!
Why? (Score:1)
The part I have NEVER understood is... (Score:1)
The part I don't get is how is Napster a "company"? How did they ever make money? Did they ever make money? They had venture capitalists and investors, but what were they telling these people? "Hey we've got a free program and a free website and a server but don't worry - some day we'll see profit roll in somehow!" Was the subscription model always the plan? Has this model (free services first, then charge once the investors and VC's want some actual money) ever worked? And why haven't all these VC's and investors pulled out by now? If the legal throubles hadn't killed off Napster, the investors and VC's surely would have by now.
I have an online side business that doesn't do a whole lot of business yet. If I were to sell it, I probably couldn't get $1000 for it. If it made millions of dollars a year I could get a good price on it. As far as I can tell, Napster has never made dime one - how is it we're talking MILLIONS for Napster? Who are these people fooling?
Re:The part I have NEVER understood is... (Score:1)
Re:The part I have NEVER understood is... (Score:1)
Napster's like a boat (Score:1)
Oh yeh? (Score:1, Troll)
Napster stock (Score:1, Troll)
Playing Whack-A-Mole (Score:1)
12 MP3s for the price of one? (Score:1)
In short, I think it would work a lot like a music club does through the mail, only with MP3s instead of CDs. I think that's a business model that would work, although I don't understand what they need Napster for.
Bertlesman took initiative that competitors missed (Score:2)
Napster was first, is most familiar to users, and has the largest market share (even after being dormant for a few months). It's still the best designed, easiest to use music downloading application. It set a standard which will now be hard to compete with.
Eventually, one of them had to do it. Bertelesman took the initiative. Sony, Universal, and Time-Warner snoozed on this one- and lost.
Patents? (Score:2)
What we have is impossible to beat (Score:1)
Unfortunately I don't believe record companies could produce a music-buying model that is better than the one we have right now. We can get practically any song we want for free. How can they beat that? Internet music trading has come a long way, and it really doesn't have that much farther to go.
Everybody says they're willing to pay to download mp3's but(1) what's the highest price you'd pay per song? People talk all the time about $1 per song, but I think you are dreaming if you think it'll be that low.
(2) You can honestly say you'd pay for something when it's completely free somewhere else?
Re:What we have is impossible to beat (Score:1)
The solution is for a group of MAJOR artists who have already had hits to join together-screw the record companies! No one gets a cut who hasn't made music. Your cut decreases each year that you don't make music or that your new music doesn't sell. Everyone who wants to be hosted gets hosted, as long as they provide the hosting fee. Create a service that requires you to be a member to trade, and have different charges. The artists who join agree to release their songs for download.
Customers could choose how they want to be charged:
per day
per week
per month
per year
per compilation
the right to dub a show
Each artist will get paid depending on what people download from them.
-And here is the big one: Don't release this stuff on CD! That's right, mp3 only, and not this low-quality crap, either. Everything should be 192kbps. This way, people won't be able to just buy, encode, and upload. Anyone who wants this stuff comes directly to you.*
Also, the way radio stations license music needs to change. Currently, stations pay to play music. This is ludicrous. You should give your mp3s(all of them) to radio stations, and the stations can play the music all they want. They just can't give away the actual files. That's free publicity! And instead of having just one song out(a single), people will get exposure to much more of your music(If you release what used to be a cd's worth of music[10 songs or so], songs that would have never been heard will be heard. People will hear songs that never would have been considered as singles. The better the music, the more frequently it will get played, and the more exposure for you). *I know people will say "Why go to you when I can go somewhere else?" The truth is that you could go somewhere else, but the first people to get the music would have to be buying it directly from you, and you would be getting a bigger piece of the pie right off the bat. Plus, since you are the artist, you can offer extras- autographs, passes to your shows that give people the right to bring recorders into your shows, deals on merchandise, etc.
at this rate (Score:1)
priceless (Score:1, Funny)