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EMI — Ditching DRM is Going To Cost You

Posted by ScuttleMonkey on Mon Feb 26, 2007 01:47 PM
from the how-not-to-make-a-buck dept.
33rpm writes "EMI has told online music stores that selling its catalog without DRM is going to cost them a lot of money. 'EMI is the only major record label to seriously consider abandoning the disaster that is DRM, but earlier reports that focused on the company's reformist attitude apparently missed the mark: EMI is willing to lose the DRM, but they demand a considerable advance payment to make it happen. EMI has backed out of talks for now because no one will pay what they're asking.'"
+ -
story

Related Stories

[+] EMI Experiments With DRM-free MP3's 271 comments
trifster writes "Ars Technica has an article about EMI selling DRM-free MP3's through Yahoo Music's US online store. It should be noted that this trial is an attempt to increase sales and competition with online music that is not necessarilary available on iTunes." From the article: "Why the sudden interest in non-DRMed formats? It appears that the record labels are slowly beginning to realize that they can't have DRMed music and complete control over the online music market at the same time.... There are signs that consumers might be growing irritated by the Balkanization of the online music scene. Nielsen SoundScan reports that online music sales dropped during the second and third quarters of the year."
[+] News: EMI Considers Abandoning DRM on CDs 166 comments
jOmill writes "EMI Netherlands has announced that it is considering no longer using DRM on CDs, because it isn't worth the cost. According to Reuters the company is still reviewing the decision. From the article: 'Critics have argued that the system has not worked as consumers could be driven to illegal sites to download music to the popular iPod instead. A spokeswoman for EMI said it had not manufactured any new disks with DRM, which restricts consumers from making copies of songs and films they have purchased legally, for the last few months.'"
[+] News: EMI May Sell Entire Collection as DRM-less MP3s 188 comments
BobbyJo writes "According to the Chicago Sun-Times, EMI has been pitching the possibility of selling its entire music collection to the public in MP3 form ... without Digital Rights Management protections. According to the article, several other major music companies have considered this same route, but none as far as EMI. The reasons, of course, have nothing to do with taking a moral stand; EMI wants to compete with Apple. 'The London-based EMI is believed to have held talks with a wide range of online retailers that compete with Apple's iTunes. Those competing retailers include RealNetworks Inc., eMusic.com, MusicNet Inc. and Viacom Inc.'s MTV Networks. People familiar with the matter cautioned that EMI could still abandon the proposed strategy before implementing it. A decision about whether to keep pursuing the idea could come as soon as today.'"
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  • by garcia (6573) on Monday February 26 2007, @01:50PM (#18155404) Homepage
    $9.99 albums of lossy content and no physical medium supposedly make up for the fact that I have no recourse if I lose the data I purchased. So how can they justify charging more than that (closing in on the average cost of a CD) when it costs them money to have the CDs pressed, packaged, and sent to stores?

    They can't. This is simply an attempt to say, "see, we tried to go DRM-less but people wouldn't do it."

    Fuck that.
    • by Anonymous Coward on Monday February 26 2007, @01:58PM (#18155560)
      The extra charge is because they automatically assume that if you purchase it, you'll commit copyright infringement; the charge is a tax/levy.
    • It doesn't cost more. EMI is just doing it's best to live up to it's name - Electro Magnetic Interference.
    • People will do it (Score:5, Insightful)

      by Mateo_LeFou (859634) on Monday February 26 2007, @02:24PM (#18155972) Homepage
      We are going DRM-less in droves. EMI and friends can go with us or not.
      • by elrous0 (869638) * on Monday February 26 2007, @03:16PM (#18156898)
        Yeah, I think that's what EMI is missing. We ARE going DRM-free. People are sick of DRM and it has reached a tipping point. The only decision they have to make at this point is whether they want us to pay them $.99 a song or $.00 a song.

        -Eric

          • by Crizp (216129) <chris@eve l e y . net> on Monday February 26 2007, @04:21PM (#18157838) Homepage

            When asshat companies like Maxis are still requiring the CD to be present for The Sims to run (in this age of half-TB drives), they can kiss my ass -- I'll go download the version with the No-CD crack.

            ...after you've bought the game? Why not just download the crack and apply it to your legal, installed version, saving some bandwith and waiting? ;)

      • Just look at any other 'protected media' market. All it takes is one person to break it and make it public, then EVERYBODY can just use that person's broken copy. If the Videogame or App scene is any indication, this usually happens about a week or two before the game hits retail. Don't think audio will be any special
        The first time they put out an unprotected copy (say, an actual cd, the only way you could make significant money off of selling music) it will be ripped and spread. Even if you went all 'secured', all it takes is one of the 'secured' formats having a bug and you'll have lost. Then theres the analog hole (cable running from your line out to your line in on soundcard). Then theres just sniffing your computers memory or using hacked drivers to grab the PCM raw. Or any other number of ways you ca get it out, admittedly mostly beyond the common user but all it takes is the first person to break it.

        Want my money? Give me something worth paying for, and incentive to pay for it. I'll gladly pay for music when I believe its's going to actually support an artist that I want to support (like local bands that are unsigned and truely need the money). I'm not going to pay for some top40 song where paying equates to giving money to the very people treating me like criminals so they can fund their next law they need passed, assinine DRM scheme to slow down my computer even further like whatever the audio equiv of Safedisc will be.

        Honestly the only thing preventing me from paying more for music right now is its just inconvenient. Those artists that are actually worth supporting are probably the hardest to get money too. Ordering CDs from half the world away via creditcard just doesn't seem like the most convenient way to do things. Maybe if one of these online music stores would open up and allow indy artists to put their music on them and not ruin it with DRM then you'd see a rise in people paying for music. Until then we're stuck with p2p, which has been here since before computers and isn't going away now. Even if we had to resort back to the equiv of copying tapes for people..thats what people will do.
  • dashes (Score:5, Funny)

    by Skadet (528657) on Monday February 26 2007, @01:52PM (#18155450) Homepage
    EMI &mdash Ditching DRM is Going To Cost You

    As are en dashes and semicolons ;)
  • Until I see... (Score:3, Interesting)

    by beckerist (985855) on Monday February 26 2007, @01:52PM (#18155452) Homepage
    Someone needs to show me a study that incorporates similar (if not identical) stores and similar (again, if not identical) pricing on a DRM version and DRM-free version of the SAME song. My money is that the DRM-free version makes a lot more money, simply because of its ease-of-use. Hell, I'd even be willing to fork up that extra $.99 [bbc.co.uk] (if the song they did this with didn't SUCK.)
  • by crazyjeremy (857410) * on Monday February 26 2007, @01:52PM (#18155456) Homepage Journal
    Funny, considering one of the main reasons I won't buy DRM products is it already costs more to do so. If I want my favorite Britney song from Itunes, it costs 99 cents. If I want a ringtone of the same thing, Verizon charges me up to a couple bucks for a much smaller clip of exactly the same song. Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway? Don't they see it's costing THEM more money in the long run to include this garbage?
    • by ThatsNotFunny (775189) on Monday February 26 2007, @02:14PM (#18155800) Homepage
      You've got a wife, that in and of itself will cost you plenty.
    • by Dogtanian (588974) on Monday February 26 2007, @02:19PM (#18155882) Homepage

      If I want my favorite Britney song from Itunes, it costs 99 cents. If I want a ringtone of the same thing, Verizon charges me up to a couple bucks for a much smaller clip of exactly the same song. Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway?
      Well, *you* wouldn't obviously. But the record/ringtone companies likely figure (probably rightly) that enough people will buy the ringtone, either because they're stupid (don't know that it's possible to rip, or don't know how) or are simply lazy.

      Whether it's good value or not is irrelevant. If people are willing to pay silly money for tiny snippets of music, of course they're going to sell it.
    • by danpsmith (922127) on Monday February 26 2007, @02:30PM (#18156062)

      Funny, considering one of the main reasons I won't buy DRM products is it already costs more to do so. If I want my favorite Britney song from Itunes, it costs 99 cents. If I want a ringtone of the same thing, Verizon charges me up to a couple bucks for a much smaller clip of exactly the same song. Why would I pay twice for something I can rip from my (wifes') CD and create myself anyway? Don't they see it's costing THEM more money in the long run to include this garbage?

      Exactly. And if the prices were sane, I would definitely buy DRM-Free MP3s. Definitely. But they'd have to be DRM free. I'm not buying .wmas and putting them with the rest of my collection, it's just not happening.

      I think what companies don't yet realize is that, look, we already have collections of MP3s. Everyone under 30 probably has a large collection, and I'm one of the few that has a HUGE collection. However, there are times when I want an album and you can't find it on bittorrent and it's not available other than going to the CD store. Honestly, I don't feel like ripping CDs, and there's a lot of times when I just don't even buy the track rather than having to go and buy a CD and rip it to my hard drive. And it has NOTHING to do with cost. It did, at one point when I was a college student money was an issue. Nowadays, it definitely isn't. But when you have a large collection of high quality MP3s that you know will work on your player, in your DVD player, or any number of other devices you simply aren't going to buy a track and break the DRM to have it mesh well with the rest of your collection.

      Yes, I'm notorious for downloading a lot of MP3s, but I would be willing to buy legitimate, if only companies would give me the chance to do so. Stop trying to change how we store our music and just mix with what we have. It's the only way you'll survive.

      Yours truly,

      A kind of average downloader.

  • Not mdash! (Score:5, Funny)

    by Virak (897071) on Monday February 26 2007, @01:53PM (#18155488) Homepage
    I knew EMI was a bunch of greedy bastards, and I'm not surprised about that; however, I find it very troubling that mdash, an *excellent* HTML entity, has turned to the dark side like this. Really, I never saw it coming.
  • by Rob T Firefly (844560) on Monday February 26 2007, @02:03PM (#18155640) Homepage Journal
    Hello and welcome to my malt shop chain, TurdShakes(TM), featuring shakes made from genuine excrement, in a secret family recipe that is sure to please.

    Am I serious, you ask? Of course I am! I am quite passionate about my flagship product, the TurdShake(TM), and stand behind it totally even though sales have been slightly disappointing. That is to say, not quite as successful as I had hoped. Frankly, I'm shocked by the fact that nobody wants to buy milkshakes made from excrement. Im my eyes, TurdShakes(TM) were a goldmine waiting to happen.

    Wait, come back! Okay, you win. I am willing to adapt my business model to suit what the people want. Therefore, I have decided to remove excrement from my TurdShakes(TM) entirely, possibly replacing it with chocolate or ice cream or some other such boring shake ingredient. You'd like one now, wouldn't you? A regular shake? No Turd(TM)?

    Well, that's just what you'll get, then. A delicious normal shake... That is, of course, provided you give me a large bag of moneys first. A really big bag, with lots of moneys. Otherwise, you'll just have to go on buying the original TurdShakes(TM), with heady flavors of... wait, where are you going? Come back!!
  • Question / Answer (Score:5, Insightful)

    by ACAx1985 (989265) on Monday February 26 2007, @02:27PM (#18156020) Homepage
    For $10 I can buy a physical CD, and get: 1) Liner notes. 2) Artwork. 3) Plastic casing. 4) Plastic compact disc. 5) Files on said disc which are lossless. I can then convert the lossless files into any format I want depending on my needs, put them on my iPod, put them on my hdd. If I lose the CD, I still have the files. If I lose my iPod, or my hdd, I have the CD. Why would I spend $10 on low-quality files that are DRM-infected that I can't do shit with, and that I can lose much easier? Oh yea, I won't. -ACA
  • Capitalism at work (Score:5, Insightful)

    by Dracos (107777) on Monday February 26 2007, @02:28PM (#18156044)

    EMI has backed out of talks for now because no one will pay what they're asking.

    That should tell EMI that their extortion price is not "what the market will bear".

  • by 99bottles (257169) on Monday February 26 2007, @02:30PM (#18156056)
    Sounds like EMI went to the SCO school of pricing.
  • by fyoder (857358) on Monday February 26 2007, @02:30PM (#18156076) Homepage Journal
    allofmp3.com [allofmp3.com] would like to thank you for your business. It knows you have no choice in DRMless online retailers who offer high quality files without DRM at a good price (well, with the exception of magnatune [magnatune.com], but they have a limited catalog), and appreciate your choosing them for your online music needs.
  • Par for the course (Score:5, Informative)

    by glenstar (569572) on Monday February 26 2007, @02:59PM (#18156588)
    As someone who has intimate knowledge of how the entire licensing thing goes between the majors and a digital music provider let me just say that this is in no way shocking. The labels will take as large an advance as they possibly can and it is really a matter of whose legal counsel is better. A couple of years ago there was no way you could license all of the (available) major label content for under 500k... unless you paid one of the better known music industry lawyers a couple hundred K. There are only a half-dozen big shot lawyers in the music biz and they tend to play both sides of the field... and charge whatever the hell they feel like.

    The contracts for the labels are all wildly different but all of them consist of at least technical due diligence (what are YOU going to do to make sure OUR content does not fall into the wrong hands), financial due diligence, and a marketing plan. This is heavy stuff and can takes months and months to push through. In short, this is a very time-consuming and spendy process to go through.

    EMI, under the digital music strategy of Ted Cohen, has far and away been the most open of the majors when it comes to licensing. They are simply making an attempt to protect their assets... since it takes so much effort on both sides to conclude a licensing agreement, it makes sense that they (the majors) want to recoup as much of that investment up-front as they possibly can.

    People on Slashdot get this wrong all of the time. You see, the majors and the digital music services are in a death-match, with the DMS being hounded by the customer and the majors being hounded by the shareholders. The ONE thing that binds all of those people together (with the possible exception of the customer) is DRM. The major feels a little more secure "knowing" that their music can't be mass-reproduced, the DMS is happy because they can sell the content, the customer is happy because they can get the content, and the shareholder is happy because, well, there is an additional revenue stream.

    And FYI...I have never met a music executive who DOES NOT understand that DRM is nearly useless as far as protection of content goes. BUT... as I said above, it is the glue that keeps everything together.

    Go spend some time on Digital Music News to fully understand what is going on in the industry. It's not so simple and you cannot say definitively that DRM is harming the consumer because RIGHT NOW the only way to get that content is with DRM. Better than nothing, isn't it? Things will eventually change and this announcement from EMI is a very positive step forward. Don't trash the music industry as a whole until you understand it. I am certainly not saying it is full of kind-hearted souls (very far from it!) but there is more to it than just "let's fuck the consumer and the artist to make a buck!".

  • by GiMP (10923) on Monday February 26 2007, @05:10PM (#18158536) Homepage
    I know I'm preaching to the choir, but... what I don't understand, is why EMI hasn't yet figured out how that DRM costs them money?

    I went into a CD store recently, saw a number of alums for sale by EMI, considered buying them, but saw the largely-printed "DRM" warning. Perhaps I'm unusual, but this prevented me from buying a single one of those albums. If not for the DRM, I would've bought one of the albums, and I would have likely purchased the others over time. Over the last few years, I've probably spent few hundred at AllOfMp3. Why? Because I could buy the music I wanted, not only at the price I wanted, but in the format I wanted.

    Does the music industry really think if people didn't want CDs, that they would've switched from cassettes and vinyl? Of course people switched, because they WANTED compact-discs, there was an advantage. Does EMI think that if the masses wanted CDs and they only sold cassettes, that anyone would continue to buy EMI's music? Likely, the masses would just put their money elsewhere. Customers buy what they want, remember: "The customer is always right." As long as the layman wants MP3 files, and the audiophiles want FLAC files, DRM will not sell. If music is only available underneath DRM, then music will not sell.

    I only assume that EMI believes that stopping DRM will stop illegal downloads, and the revenue gained by recouping the "losses" of illegal downloads will outweigh the losses that they now incur due to DRM. However, I believe that of those illegally downloading, there are the following groups:
      1. People that would purchase the product if there was no DRM, but download illegally instead.
      2. People that won't pay regardless.
      3. People that use illegal downloads as time-shifted radio, driving sales.

    Based on this list, I can only see DRM hurting EMI. Group #2 won't pay regardless, and they're driving away users from groups #1 and #3. Thus, their DRM is only removing a significant number of potential customers. There is NO advantage to EMI to continue pushing DRM.
      • Re:Not Surprising (Score:5, Insightful)

        by moore.dustin (942289) on Monday February 26 2007, @02:23PM (#18155928)
        It is not just the question of making profits though. They want and need to be able to _maximize profit_ for their company and shareholders. When they can say that DRM free media is the avenue which will yield the most profit, they will go that route. Again, it is not enough to just make money, they need to make the most they can with the product they sell. Right now, DRM'ed media appears to hold the promise of maximized profit.
    • by dgatwood (11270) on Monday February 26 2007, @02:48PM (#18156394) Journal

      Some readers have indicated to us that they'd happily pay more for DRM-free downloadable music from an online retailer, yet it is unclear as to why DRM-free music should cost more. To return to a point made famous by Steve Jobs, the overwhelming majority of CDs sold today already come without DRM on the discs. Furthermore, pirated copies of music are readily available online. As a result, it's not very clear to us why online music that is sold without DRM would need to cost more, but given the razor-thin margins in that market, a "no DRM tax" is quite likely to be passed on directly to consumers.

      I'm not sure where I've seen any evidence the music industry is running on razor-thin margins. This sounds like pure BS, and only hurts their credibility every time they try to state their "case"... So far, I'm not convinced.

      A more interesting question is why the music industry thinks that DRM matters. Their logic violates a very simple law of computers: if one copy exists in an unprotected form, all copies exist in an unprotected form. If somebody says "Hey, check out this cool song," and somebody else asks, "Can I get a copy of that," and the answer is, "No, it has DRM, but you can download it from eMule," that's not an improvement over "Sure, here's a copy." Actually, it's worse than "Sure, here's a copy" because it is encouraging the second person to pirate the music, while giving someone a copy is encouraging that person to watch for other music by that band and maybe buy the CD.

      And I'll say it again: ignoring the one-hit-wonder teeny-pop crap, real musicians benefit overwhelmingly from music piracy. It increases exposure, which in the long term, increases sales. Therefore, all anti-piracy measures are, by definition, short-sighted foolishness by people who don't understand the basics of doing business in a modern economy. Is it any wonder, then, that music sales continue to be in the toilet despite substantially decreased piracy? Guess what? Music copying and sharing was going on before Napster. The only thing that Napster did was bring it out into the open where the industry could total it up and say "Oh, no, we're losing all these sales!" when in reality, by shutting down those services and annoying their customer/fan base, they really killed one of their biggest sources of advertising....

      But I guess some people will never learn.