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Music Media Your Rights Online

RIAA, This Is Earth, Please Come In! 759

ccnull writes "You might remember George Ziemann as the musician who found his own music banned from eBay because it was recorded on CD-R. Now he's back with a new rant about the RIAA's statistics, which blame piracy for the dire condition of the music industry. What's to blame? Price hikes and fewer titles. The latest rant (including analysis of the RIAA's own data) is mainly circulating by email, here's a readable link. (As an interesting side note, Ziemann says that songs are really just ads for CDs, and thus should be freely traded.)"
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RIAA, This Is Earth, Please Come In!

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  • yup (Score:5, Insightful)

    by xao gypsie ( 641755 ) on Sunday April 13, 2003 @10:51PM (#5725214)
    songs are really just ads for CDs, and thus should be freely traded.)

    most assuredly that is the truth. i have bought tons of cd's after getting a few mp3's. the RIAA needs to understand the marketing potential in filesharing......jsut my thought, at least

    xao

    • re: yup (Score:3, Insightful)

      by hhknighter ( 629353 )
      "most assuredly that is the truth. i have bought tons of cd's after getting a few mp3's. the RIAA needs to understand the marketing potential in filesharing......jsut my thought, at least"

      Actually, I think they do. I mean they are suing a few kids for 97 billion dollars, that's more than the actual market value+potential, perhaps. For that amount, the marketing potential in filesharing is rather psychotically huge.
    • Re:yup (Score:5, Insightful)

      by Evil Adrian ( 253301 ) on Sunday April 13, 2003 @10:57PM (#5725251) Homepage
      If the copyright holders decided to give away songs freely as ads for CDs, then that's fine.

      But what everybody keeps forgetting is that the choice is THEIR prerogative -- NOT yours, NOT anybody else's.

      There's plenty of good free music at mp3.com [mp3.com] and other legitimate sources.

      Taking copyrighted mp3's off of Kazaa, Morpheus, or whatever is unethical -- yes, unethical:

      If you don't like the price they charge, you have no obligation to purchase -- but you have an obligation to not deprive people of their income.
      • Re:yup (Score:5, Interesting)

        by Noksagt ( 69097 ) on Sunday April 13, 2003 @11:00PM (#5725268) Homepage
        I do agree with you, but wonder if you think it is unethical to tape a song off the radio.
      • Nope. (Score:5, Informative)

        by beldraen ( 94534 ) <chad,montplaisir&gmail,com> on Sunday April 13, 2003 @11:17PM (#5725375)
        Actually, the original definition of copyright was to guarentee a mechanism for recognition of payment, not prevention of distribution. It is interesting to note that this idea of being able to wholely control and prevent replication is only a recent ideal that has been enforced into the minds of the public by cartels who know that the law isn't important but the perception of law.
      • Re:yup (Score:5, Insightful)

        by freeweed ( 309734 ) on Sunday April 13, 2003 @11:20PM (#5725400)
        And it's MY perogative if I want to use CD-R discs to back up photos I've made, or code I wrote, or a random string of 1's and 0's just because I'm bored. However, the RIAA (and Canadian equivalent, the CRTC... sorta) has managed to force me to pay a tax on blank media. Soon, it will encompass ANY blank data storage device at all.

        Why should *I* be obligated to lose part of my income because the recording industry thinks I should, but not the other way around?

        I say fuck 'em, they've cost me enough over the years as it is.
        • Re:yup (Score:3, Insightful)

          "Why should *I* be obligated to lose part of my income because the recording industry thinks I should, but not the other way around?"

          The word extortion comes to mind.
        • Re:yup (Score:5, Interesting)

          by ctve ( 635102 ) on Monday April 14, 2003 @03:58AM (#5726446)
          If you pay them a tax, then are they therefore being compensated for your copying. Does this therefore legitimise your copy?
          • Re:yup (Score:3, Informative)

            by freeweed ( 309734 )
            In Canada, oddly enough, yes. I'm legally allowed to make a copy of any physical CD that makes its way into my hands.

            So, I'm a bit of a loner. Should I be penalized for not having many friends in the real world? Kazaa here I come :)
      • by silentbozo ( 542534 ) on Sunday April 13, 2003 @11:23PM (#5725418) Journal
        The item at the heart of the letter is not copyright, but the RIAA's engineering of the perception that "piracy" is the reason that record sales are down. Instead, the musician (the same one who was prevented from selling CDs of his music on eBay by RIAA agents trying to eliminate CDR sales of music), suggests that overpricing product, and deliberately slowing the release schedule of CDs in anticipation of Senate hearings on the issue is the real reason that the music industry can claim that "sales are down 15%".

        He then branches out to issues like the DMCA, which are being used to enforce an artificial oligopoly which is completely contrary to the intent and purpose of copyright law.
      • by Anonymous Coward on Sunday April 13, 2003 @11:25PM (#5725432)
        Is it unethical to get an mp3 from kazaa:

        1) if I own the cd and it is copy protected?

        2) if I own the tape (or 8 track or record)?

        3) if I have a bad cd?

        4) if the video is on MTV? It is legal to record that video off of MTV correct?

        5) if the band has a video on their website or a website like launch.com? With the videos you get the music + more why would just the music be worse?

        I dont think artists should be deprived of income but I see plenty of reasons that I should be allowed to use kazaa, or whatever else. I also am sick of the copy protected crap so I mostly *buy* music, after trying it from mp3.com.
        • This actually brings up a point that really galls me no end... the music industry's inability to settle on whether you purchase a license to the music or the media the music is on... they seem to want it both ways.

          For example, if I buy a computer game I am buying a license to the game... this is clearly demonstrated by the fact that if one of my game CDs gets damaged I can send it back to the company (in general) perhaps with a cursory media replacement fee and they'll replace it with a new one - or in the
          • by aziraphale ( 96251 ) on Monday April 14, 2003 @07:49AM (#5727076)
            > Although with books you license the content and they won't just replace it

            I've never found a book shrinkwrapped with an EULA. Books are sold on the basis of first sale doctrine - you buy that copy of the work, and get all the rights associated with owning a thing - the right to sell it on, the right to lend it to a friend, the right to tear it up and wpaper your house with it, and so on. What prevents you from copying the content of the book out and running off your own copies for your friends is the author's copyright, which was the same right the author used to allow a publisher to print a few thousand copies of their work and sell them in the first place.

            This was how it was supposed to work for music as well, and to all intents and purposes, it is precisely how it does work. Until the RIAA or BPI or whoever get the laws changed, I'm going to assume that this remains the case, and treat my CDs just like I treat my books - things I own, that I'm allowed to read, lend, sell, and so on. And just as it would never occur to me to rip the content of a book (or download an electronic copy of it, since that's pretty much the same thing) so I can give a copy to a friend, I'm not going to do the same thing with my CDs.
        • I dont think artists should be deprived of income but I see plenty of reasons that I should be allowed to use kazaa, or whatever else.

          A proposal:

          Someone set up a clearinghouse for people who have downloaded music from Kazaa or whatever. They can drop in $1 via Paypal and indicate the artist whose music they downloaded. Then the money can be sent to the artist, who will get more than if the person had bought the CD in the store.

        • You forgot:

          6) if I'm paying through the nose on digital media taxes that compensate the artists for the music I'm supposedly stealing?
      • Re:yup (Score:4, Interesting)

        by NanoGator ( 522640 ) on Monday April 14, 2003 @01:44AM (#5726067) Homepage Journal
        "But what everybody keeps forgetting is that the choice is THEIR prerogative -- NOT yours, NOT anybody else's."

        I might support you in that comment if the RIAA's business practices were fair. However, their perogative is strengthened by their monopoly (oligopoly? cartel? heck I don't know the exact word) on the music industry. Have CD prices gone down? Nope. Do they fill customer demand, such as purchase of individual songs? Nope. Do they offer you a refund if you're not satisfied with your album? Nope. They don't need to. They would if they played by the rules everybody else plays by.

        The way I see it, music trading on the web is an expression of customer demand, not some massive move to save money. The RIAA could have prevented this a long time ago (and made money to boot) if they had just sat back and said "Gee, why would people spend 15 minutes to an hour just to download a single song?" If they were actually responsive to supply & demand, they would most definitely have done that. They'd be the ones offering MP3 players and websites where you can buy music.

        For the record, I'm an artist, not some dude who wants free music. Copyright's very near and dear to me. But I feel that the RIAA is being absolutely ridiculous. I've already expressed my view about this before, you can check out my post here [slashdot.org].
      • Re:yup (Score:3, Interesting)

        by Apreche ( 239272 )
        unethical? yes. illegal? yes. Wrong? no.

        There are some laws that are unjust. Like the DMCA. Like the segregation laws of long ago. In order to remove unjust laws you must disobey them. You must be willing to take the heat as well. Just like Ghandi. Just like Martin Luther King Jr. While this issue isn't nearly as important as racism or freeing an entire country, copyright law is still unjust. And the method to undo it is the same as the one they have used.

        So until all these laws go away, I'm going to
      • by aussersterne ( 212916 ) on Monday April 14, 2003 @08:33AM (#5727320) Homepage
        I don't think your ethical view of this situation applies any longer.

        More and more we are moving toward a choice between polar opposites:

        - On the one hand, RIAA, MPAA, DMCA, USAPA, USPTO and even MS with DRM are moving toward an environment of total information control in which absolute restriction of concepts like the free press, freedom of speech, and freedom of thought will be introduced through avenues we haven't seen before: by supposedly benevolent (from the capitalistic view) corporations rather than oppressive regimes. But the effect will still be the same.

        - At the same time, because of the continued march of technology and increasing global awareness among common people, there is a strong popular and democratic push toward total information availability and unregulated, unlimited, infinitely shareable speech.

        Only one paradigm can win. If you are on the side calling the sharing of information "unethical," you are marching headlong down the path to total information control. I hope you enjoy your stay there, because once you arrive, it's verrrrry difficult to leave.
  • Ads for CDs (Score:5, Funny)

    by Stalemate ( 105992 ) on Sunday April 13, 2003 @10:53PM (#5725223)
    As an interesting side note, Ziemann says that songs are really just ads for CDs, and thus should be freely traded

    So, songs are ads for cds which contain songs which are in turn ads for more cds which contain

    Error: Stack Overflow

  • by product byproduct ( 628318 ) on Sunday April 13, 2003 @10:57PM (#5725249)
    The essentials are missing:
    • Number of active pirate ships.
    • Number of CD shipment boats attacked per year.
    • Number of CDs per boat.
    • Number of pirates per ship.
    • Number of parrots per ship (if available).
    • by interactive_civilian ( 205158 ) <mamoru&gmail,com> on Sunday April 13, 2003 @11:32PM (#5725486) Homepage Journal
      If your pirate ship uses some sort of steam powered engine instead of sails, it is actually counted as 4 ships.

      Ships with nuclear reactors count as 8 ships.

    • by gmp ( 155289 ) on Monday April 14, 2003 @12:05AM (#5725685) Homepage
      okay, all together now: "piracy=copyright infringement" dates at least to 1769. See e.g. Millar v. Taylor, 4 Burr. 2303.
      No case of a prosecution in the Star-Chamber, for printing without a license, or against letters patent, or pirating another man's copy, or any other disorderly printing, has been found. ...

      But it is certain, that down to the year 1640, copies were protected and secured from piracy, by a much speedier and more effectial remedy, than actions at law, or bills in equity.

      You might also check out Bouvier's law dictionary [jusbelli.com], 1856 edition.
      PIRACY, torts. By piracy is understood the plagiarisms of a book, engraving or other work, for which a copyright has been taken out. 2. When a piracy has been made of such a work, an injunction will be granted. 5 Ves. 709; 4 Ves. 681; 12 Ves. 270. Vide copyright.
      • Feh (Score:4, Insightful)

        by Srin Tuar ( 147269 ) <zeroday26@yahoo.com> on Monday April 14, 2003 @12:31AM (#5725811)

        Just because there is precedent doesnt make it any more right.

        Comparing copying to piracy was as stupid back then as it is now. It was likely done for the shock value of the term pirate, which was probably an even more loaded word back then.

        Youve just proven that its both old and stupid.

        Dissemination of ideas can never compare to annexation of physical matter.

      • Dates back even further....

        From the OED:
        "[1668 J. HANCOCK Brooks' String of Pearls (Notice at end), Some dishonest Booksellers, called Land-Pirats, who make it their practise to steal Impressions of other mens Copies.] 1701 DE FOE True-born Eng. Explan. Pref. (1703) 6 Its being Printed again and again by Pyrates. 1709 STEELE & ADDISON Tatler No. 101 1 These Miscreants are a Set of Wretches we Authors call Pirates, who print any Book,..a soon as it appears.., in a smaller Volume, and sell it (as all oth
  • by blake213 ( 575924 ) <blake.reary@ g m ail.com> on Sunday April 13, 2003 @10:57PM (#5725252) Homepage
    ..and I don't think he has much of a case. Even though mp3's are inferior compared to uncompressed CD-audio, many people don't have the ears or the brains to notice otherwise. And I know lots of people who download entire cd's, and haven't bought a CD in years.

    Another thing I am tired of hearing people complain about is the cost of CD's. Sure, they can be considered expensive. I agree that the cost of replication is way lower than what they sell CD's for. But replication is probably the cheapest step of the CD-making process. Next on the list is the actual studio time spent recording the CD. But the real money-burner is promotion and distribution. Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music. So I think $12.99 is more than fair. Even $14.99.

    Not to say the RIAA is always right, but if music pirating wasn't making the record companies lose money, why would they be so against it? If they lost no money, it would be a great marketing scheme. But they lose money. Not as many people buy CD's.

    • by rco3 ( 198978 ) on Sunday April 13, 2003 @11:25PM (#5725430) Homepage
      But replication is probably the cheapest step of the CD-making process. Next on the list is the actual studio time spent recording the CD. But the real money-burner is promotion and distribution. Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music.

      And I suppose you think that the record company pays for those costs, right?

      Last time I checked, most contracts for smaller artists included studio time and promotion as recoupable costs. In other words, they are fronted by the record company and the recouped out of the artist's royalties. That's right, the $1 per disc (if that) that the artist gets FIRST goes to pay back the costs of making the recording in the first place, and (usually at least part of) the costs of promotion, etc.
      You're right, those things are expensive. But the label is just loaning that money, not giving it. And if the label happens to own the recording studio, do you think they charge the artist at a discounted rate? Ha! How about if the artist buys discs, at distibutor prices, from the label to sell at shows? Guess what - they don't get royalties off of those! Nor do they get diddly-squat ($0.05?) for those Columbia House discs.

      Fact is, even if your first album goes Platinum you probably wind up owing your record company a shitpot of money.

      Cry for the RIAA if you want to, but you're a sucker if you do.
    • Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music.

      Huh. In the good old days (and golly gee, today even!), people found out about new music through things like the radio, MTV, and (when you get a little older) what's playing in the clubs.

      All 3 venues require payment to the copyright holder in order to play the music.

      No thanks, I'd prefer not to be paying $14.99 per CD just so some marketd
    • by Anonymous Coward
      yes they made less money in each year for the last 5 years.

      but then again, they also produced less albums. so google for the stats, but their profit margin INCREASED. so they cant cry to me that they made less money when they made less products.

      besides that, here is a nice idea. why does the record industry believe they are exempt from the economy. gee, the last 3 years the economy has had troubles, why should record sales be ANY different.

      people are buying less of everything. cd's are and always w
    • Not to say the RIAA is always right, but if music pirating wasn't making the record companies lose money, why would they be so against it?

      Are you sure you read the article? In it, George Zeimann, says:

      "the record labels began to reduce the number of releases BEFORE the Napster hearings. When they went in front of Congress to complain about downloading, Hilary Rosen could confidently state that sales were going to suffer."

      Maybe it's just me, but that sounds a lot shooting yourself in the foot, then hand

    • by zerocool^ ( 112121 ) on Monday April 14, 2003 @12:26AM (#5725790) Homepage Journal
      But the real money-burner is promotion and distribution. Thousands, hundreds of thousands are spent on replication and distribution and marketing just so regular people (including the non net-savvy) can hear about new music.

      This just got easier, by the way.

      Surf to CD Baby [cdbaby.com].

      Check it: Record album on your dime. Create CD's on your own dime. Pay CD Baby $35. Send them any number of your CD's. Sell them at whatever you want, CD Baby keeps $4 of each sale. CD Baby retains no rights to the music, the name, the distribution rights, or anything. All they are is hella-cheap internet distribution.

      Case in point: You're a punk band, not interested in making a lot of money. You produce your CD on your own time, pay for the recording. Then you buy a truckload of cheap CD-R's and cases. You use your friend's 32X burner to burn 100 copies, and you print out the inside case label. Say it costs you $1.75 per CD. You send them in, charge $7, and you make $1.25 per CD, after costs.

      That's cool. Distribution has always been the problem.

      Or, there are other people, like Ian Mckay of the DC/mathrock scene and Dischord records. His solution is this: No written contracts. Just handshakes. He pays for the recording and mastering of your band's CD. He distributes the CD. All out of pocket. When it's done, he keeps all the proceeds of CD sales until the debt is paid off, and then the band and the label split it 50/50. He doesn't touch merchandise or touring profits. If a band ever gets into a disagreement with Ian and want to screw him, he hands them their master and tells them to get the fuck out, deal off, and they lose him as a contact and gain him as a bad reference.

      So, I think slowly, music is changing. Attitudes are changing. The industry is changing. If I was to say one band has given me more joy over the course of my lifetime, I would have to say it was Less Than Jake. However, I'm seriously considering not purchasing LTJ's new album, because it's being put out by warner bros. records.

      I honestly think, in the long run, there are too many people willing to eat what they're given by the RIAA, and pay $21.99 for a CD. But the number of people who know what major labels put bands through and aren't willing to put up with it is increasing all the time.

      ~Will
  • by nfg05 ( 638727 ) on Sunday April 13, 2003 @10:59PM (#5725264)
    I wouldn't really say all songs are ads for CDs, singles are ads for CDs. An advertising practice of giving away your product would certainly help boost your units shipped, but as for the revenue ahhhh.... no. This is a great idea tho, imagine if you just got some free McDonald's food whenever the burger commercials came on TV. I mean after all that burger is just an advertisement for errrr.. the burger so jus give it to em right?
  • Advertising? (Score:4, Interesting)

    by cperciva ( 102828 ) on Sunday April 13, 2003 @11:02PM (#5725275) Homepage
    that songs are really just ads for CDs, and thus should be freely traded

    By the same logic, rental cars are just advertising for the automobile company, so we shouldn't have to pay to rent cars. And apples (the fruit, not the computers) are just advertising for apple trees, so we shouldn't have to pay for apples.
    • Re:Advertising? (Score:3, Interesting)

      by moncyb ( 456490 )

      By RIAA logic, the internet is just a device for copyright infringement, so it should be banned. A CD burner is a device for copyright infringement, so it should be taxed by them. Encryption is just a device to hide copyright infringement, so it should be banned.

      Unless of course they want to use those devices to run their businesses or for a DRM censorship system, then it's okay.

  • by argoff ( 142580 ) on Sunday April 13, 2003 @11:02PM (#5725279)
    I don't like it when all people talk about is how the end goal is compensation of artists. Not that I wouldn't want to see them profitable and well off, but I think it is a dangerous way of thinking. It reminds me of the 1850's when people would ask, well how will the plantations ever make money without slaves? Answer, it doesn't matter - in terms of the real issue.

    Well, the same is true with copyrights. The question we should be asking, is not - how will artists be compensated? - but rather is it right to restrict peoples copying behavior at all?
    • Re: (Score:3, Insightful)

      Comment removed based on user account deletion
    • by gad_zuki! ( 70830 ) on Monday April 14, 2003 @03:02AM (#5726310)
      > I don't like it when all people talk about is how the end goal is compensation of artists

      This is such a great point and its rarely brought up. It seems since napster everyone has developed a pet theory on how to keep everything going. At a certain point its fair to ask, "Why should be keep anything going?"

      Case in point: I live in an urban center and in a "hip" neighborhood full of artists of all stripes . I think I've met one or two who make a living off of it, yet the others working their day-jobs still make art and enjoy making it. Stranger still, people enjoy their art. Just because they can't quit their day job doesn't mean their art is somehow worth less than Britney's platinum records.

      Music is art, afterall. The payola, price-fixing, back-room deals, artist rip-offs, etc make something that is not very profitable into a profitable industry. Let's not act too surprised as we watch the industry collapse because its sole function (delivering music) has been usurped by MP3s and P2P.

      So what's the worse case scenario? "Rockstar" bands trying to "make it big" on looks and poses drop out of the game while people who really want to make music keep producing excellent art. Oh man, that's terrible.

      Let's face it, music if left alone in a laissez fair environment will be very unprofitable because there's just so much good stuff out there. The day a significant number of people say, "Hey, you know what? Maybe the RIAA is wrong and the music they deliver isn't the best its just limited choice to produce profits" is the day the industry collapses regardless of how many college students they sue for 12 billion dollars each.

      I think we're quickly approaching that critical mass. I know this will sound like a cliche, but the sooner the sun sets on big (actually too big for their product) business the better off we all are. Only few industries can scale this huge and prosper and selling pop-tunes just ain't one of them.
  • Fake arguments (Score:5, Insightful)

    by pdan ( 624244 ) on Sunday April 13, 2003 @11:04PM (#5725286)
    It scares me that arguments which are obviously wrong are accepted, if the justify the "right" cause. It is a part of a bigger trend of "medial democracy", where news conform to a preset rules of political correctness and necessities to fight current public enemy (e.g. terrorism, IP "piracy"). Most people are not thorough enough (or rather don't have time and energy) to investigate every fact they are given to believe, and politicians have to either conform to the public opinion or launch an expensive campaign to popularize the truth.
  • by Flamesplash ( 469287 ) on Sunday April 13, 2003 @11:06PM (#5725296) Homepage Journal
    As an interesting side note, Ziemann says that songs are really just ads for CDs, and thus should be freely traded

    It helps if most albums out there don't suck in their entirety. As time goes on I find fewer and fewer albums that are composed of good tracks. Usually it is just 2-3 good tracks that force 'you' to buy the other 7-12 bad ones. This sickens me.

    What happend to albums like REM's Automatic For the People, and Weezers self titled blue disk? There isn't a song on either I dislike, and by sales I'd say I'm not alone.
  • by Anonymous Coward on Sunday April 13, 2003 @11:10PM (#5725319)
    Case in point:

    Today I was casually browsing the web. As an amateur musician, alot of my browsing happens to fall on music related sites.

    I stumbled across www.begoodtanyas.com

    Wonderfully, on the site, they have sample mp3's of their previous album, and streaming audio via realplayer for their ENTIRE current album. After listening for about 15 minutes - I was quite impressed, and ordered the latest CD online, it should be at my house shortly.

    Now, previously, I had never heard of this band. Even if I had, I wouldn't have given them a second thought. However, since I HEARD them play, I put money in their pockets, and ultimately in their label's pockets. Without the sample, the RIAA would have LOST a sale in this case.

    • Without the sample, the RIAA would have LOST a sale in this case.


      I applaud your efforts, and I agree with you whole heartedly on the online music sampling idea.

      However, I wouldn't say they would have lost a sale otherwise. I would say they gained an unexpected sale because of it.

      The logic behind this is that saying that they would have lost a sale assumes you would have bought the album, but then didn't because they had no MP3's. It's the same thing as the RIAA saying that when someone downloads a so
  • by bigberk ( 547360 ) <bigberk@users.pc9.org> on Sunday April 13, 2003 @11:11PM (#5725334)
    I recently wrote this paper [umanitoba.ca] for a university class, describing the basic architecture of Gnutella and Freenet, to offer some technical insights into how these P2P networks tick. I think it's a good read, if you have a chance :) Personally, I gained a new appreciation for these systems while doing the research. Conditions of use and abstract here [umanitoba.ca].

    What I wish people could see is that P2P networks don't have to be about illegal content, just as FTP and IRC are not just about warez. Reliable P2P can become a core internet technology of the future. Imagine fast downloads of just about any large media (e.g. slackware CDs, public domain broadcasts/recordings, etc.).
  • by mabu ( 178417 ) on Sunday April 13, 2003 @11:12PM (#5725342)
    We all know why the music and entertainment industry is in a slump. It's not P2P or piracy...

    It's the public's insatiable appetite for BOY BANDS and VIN DIESEL MOVIES!

    We need more! These fine artists are simply not producing enough content to satiate the public.

    There are still a few television shows that have not been made into feature-length movies. There are still more country tunes that need to be written about rodeos and lost love. How about an epic triology featuring Garfield? What's with the lull in "rogue cop" screenplays? I need MORE talking animal movies featuring Eddy Murphy! It's been almost a month since Tupac released an album! Hollywood! Are you listening??

    Will the industry get it? I guess time will tell.
  • How many times (Score:5, Interesting)

    by djupedal ( 584558 ) on Sunday April 13, 2003 @11:14PM (#5725354)
    Do we have to keep going over this?
    • The RIAA is just a shill for the music industry at large.
    • This is an industry that is used to gouging customers and wielding strict control over releases.
    • They consider themselves at the top of the food chain, and fight anyone that intrudes into their territory.
    • They consider customers as sheep to be shorn.
    • They consider themselves above the law, even so going so far as to believe they can make the law.

    Anyone that hasn't grasped the fuedal relationship between the music industry and it's customers by now, isn't going to get it at all, so further 'evidence' that there is a problem is just so much more sand on the beach.

    Stop buying music from retailers, such as Virgin & Tower. When those art deco shelves start collectiing dust, the retailers will scream and the predators will be forced to acknowledge the problem. Until then, things won't change....regardless of how many more anecdotes we have about who/what/when/why piracy exists.
  • by stj ( 607714 ) on Sunday April 13, 2003 @11:14PM (#5725359) Homepage Journal
    Has anybody done any research how the rate of CD/DVD sales increase/decrease changed after RIAA started its actions?

    I understand that the purpose of RIAA is to increase the multimedia industry (the big ones) profits. Now, in my opinion they didn't start very well:

    They started off with lawsuits against students - are they really counting on those students paying off any possible sentences? Com'on - they will file bankruptcy (if they lose that is) right after walking out of the courtroom.

    I believe those lawyers at RIAA charge quite a bit for that stuff - does it really increase the profits?

    Who is actually gonna be encouraged to buy anything from those guys (that is CD/DVD business) if everybody has a hangover after their actions?
    Somehow I don't see those bilions of dollars flowing into the industry crooks' pockets...

  • CD Baby / Half.com (Score:5, Interesting)

    by Landaras ( 159892 ) <neil@wehnem[ ]com ['an.' in gap]> on Sunday April 13, 2003 @11:29PM (#5725461) Homepage
    It was mentioned prominently last time we discussed the RIAA, so I'll throw it out again.

    Support independent music you can listen to before you buy at cdbaby.com [cdbaby.com].

    The great thing about CD Baby is that most artists there have at least four streamable songs (in mp3) per disc. You get to listen to the first two minutes of each song, and I don't have a problem with this (as opposed to the full song). Why? Because the indie artist doesn't make me feel like I'm the enemy for listening to their music before paying for it.

    A feature that I also like from CD Baby is that you can search for indie artists that are similar to a national artist you know. That helps get you moving in a direction you're comfortable with.

    For those of us who are trying to wean themselves off the RIAA but haven't yet kicked the habit, I recommend half.com [half.com] (owned by Ebay). As an example, I recently got into Tori Amos. (Regardless of how you feel about her music, you do have to admit she's talented and original.) I picked up her latest CD a few months ago because it had 70 minutes of music and it cost me $10 new. I found myself really liking it, and willing to look at her other work.

    Now, I could go to Best Buy and drop over $100 picking up the major discs of her backcatalog (5 discs plus a 2 CD-set), or I could go to half.com and get the same discs (albeit used) shipped to me for a grand total less than $30. As long as I can get a decent rip off the used discs, I don't care about their condition.

    Between CD Baby and half.com, I really don't see myself buying many new discs from RIAA artists.
  • by suzerain ( 245705 ) on Sunday April 13, 2003 @11:39PM (#5725545)
    Excuse my French, but why the fuck doesn't anyone ever talk about the economy?

    It seems to me that the RIAA's sales drop also seems to coincide with the dot-com bubble burst, the Terror attacks, and the lack of sunsequent economic resurgence.

    I know that, as a resident in New York, freelance work has shriveled up -- if I hadn't had personally satisfied past clients who wanted to work with me again, I would have had to move. Quite frankly, we just don't have money to piss away on CDs right now, even if we didn't want to boycott the assholes at the RIAA.

    I just want one reporter to, like, ask them why they think the economy has not had a deleterious effect on their business?

    All this bullshit about MP#s being an ad for CDs, and so forth is just that: bullshit, IMO.

    Two things are going on: (1) the economy sucks; (2) CDs are becoming obsolete.

    Either way, the RIAA has no argument.
    • by The Cydonian ( 603441 ) on Monday April 14, 2003 @03:00AM (#5726304) Homepage Journal

      Actually, the RIAA has done some pretty interesting research on downturns and entertainment. A few days back, I was at a seminar by a media tech professor who was also a Bertelsmann consultant, and he told us this:- industry research suggests that music-buying goes down just as the economy is getting out of a recession.

      Which, technically, should be good news for people like you and me. Just that, important to remember that the RIAA isn't complaining a decrease in sales; it's complaining of a decrease in growth of sales. Similar sounding, but entirely different.

  • What really got me (Score:3, Interesting)

    by lvdrproject ( 626577 ) on Sunday April 13, 2003 @11:40PM (#5725549) Homepage
    Quoth the article:

    So think about this. As the original research I conducted indicates (and has been verified by SoundScan via BusinessWeek.com), the record labels began to reduce the number of releases BEFORE the Napster hearings. When they went in front of Congress to complain about downloading, Hilary Rosen could confidently state that sales were going to suffer.

    Because it was engineered.

    I don't understand why nobody's commented on this yet. This has some pretty big implications, doesn't it? I'm sure they can shoot it down just as easily as anything else, but if this can be proven somehow (or even if just a couple respectable firms agree on it), this would make a nice dent in the RIAA's argument, and might even get the unwashed masses to start thinking about the people behind that shiny new Britney Spears CD.

  • by DeadWizdom ( 665732 ) on Sunday April 13, 2003 @11:42PM (#5725561)
    People don't realize that durring the explosion of radio the recording industry went nuts as well, citing bad sales and tried their best to destroy radio entirely. Once they embraced it, however, they got richer and richer and richer...

    But the issue to them isn't really the money that they claim they lose; it's the control. You see the recording industry is trying their best to keep us all in a world dominated by the MTV, not the MP3. In the world of MTV they can rely on certain things that will sell, they can even go so far as to control fads to control what will sell. With the MP3, that's all out of their hands.

    Ofcourse the first record company to figure this out gets the capitalist prize!
  • by BigBir3d ( 454486 ) on Sunday April 13, 2003 @11:43PM (#5725562) Journal
    I think it has something truly worthy / interesting. Something like the Johnny Cash cover of Hurt. A great song (NIN originally) done by a great artist. The newest Britney or Justin or whatever the RIAA tells me to buy? I ignore that stuff. It's the same junk that has been spewed out since I was a kid. Think about "alternative" music... how can it be that if everyone knows / buys the album? I realized a while ago that most new musics sucks, and I have reacted accordingly.
  • by ArtHack ( 665729 ) on Sunday April 13, 2003 @11:43PM (#5725564)
    It's interesting to take a look at another industry that is dealing with similiar issues... that of book publishing. While I don't think that eBooks are quite as popular as MP3 and other digital music formats, publishers are still grappling with the question of "piracy" and deciding what affect that has on book sales. One publisher, Baen (publisher of SciFi and Fantasy) has been experimenting with making selected volumes of their library available freely (in a fairly wide selection of formats), going so far as to package free eBooks on CDs with some hardback editions of popular authors. Many are available free on their website [baen.com]

    You can read the details at their website, but what they did was allow authors to voluntarily put books in the "free library" and they seem to be happy with the results. Oddly enough, people read the free eBooks, and wind up either buying the paper copy or other books from the author once they determine they like it! Surprise, suprise... There's also a good article [baen.com] comparing what Baen is doing with the record industry also.

  • by kidlinux ( 2550 ) <.duke. .at. .spacebox.net.> on Sunday April 13, 2003 @11:44PM (#5725567) Homepage
    Maybe the RIAA has purposely slowed their own sales by hiking prices and signing fewer artists. This gurantees slower sales and RIAA starts using filesharing as a scapegoat. Once all filesharing operations are shut down, RIAA steps in with a for-profit system; since it is now the only shop in town, people just go with it and pay for music on a song by song basis. RIAA charges more inflated prices but customers don't notice since one song appears much less expensive than a whole album.

    I find it difficult to believe that they havn't clued in on how filesharing would make a good business model.

    o_O
  • I have also noticed (Score:5, Interesting)

    by teamhasnoi ( 554944 ) <teamhasnoi@yahoo. c o m> on Sunday April 13, 2003 @11:55PM (#5725638) Journal
    when sales are down in the auto industry, there is not talk of outlawing walking.

    Why does the RIAA get special treatment/attention/laws passed in their favor? They KNOW what people want. People want:

    Good songs
    The abillity to pick and choose individual songs from a huge diverse catalog.
    The abillity to listen to those songs on their chosen device.
    The abillity to backup, create mix CD/tapes/8-f'intracks, and store/index their songs.

    I'm sure there are a couple more, but that's what comes to mind. The RIAA KNOWS this. How can they not?

    And yet there is no 'solution' in sight other than lawsuits. Sure, there are a few sorry tries - all held back by expense (1.50 song?) and value (oohh - 30 artists from the 70's!)

    As a musician, when mp3s were first rearing their head, I recall thinking, "Wow. No more Rock 'n' Roll Stars." and being tripped out and scared by that thought, as that was what I had devoted myself too.

    Now, I realize that there are still ways to make $$$ being a musician, it's just different.

    The RIAA enjoys its stature as *the* place to go for music. Rather than compete with value, they have taken the low road with lawsuits and poor laws.

    Sure, there are some issues with copying, but then again there always were. I used to get tapes from some 'records for a penny' club, copy them and send them back.

    I don't anymore, but there isn't really anything worth copying. I buy vinyl at garage sales. Most music from the RIAA is rehashed from earlier times; I own the albums that influenced most of the good artists of today. I don't buy CDs (and haven't for 5-7 years), even though my wife works at a place where I can get many for 5 dollars. I don't have a giant mp3 collection. Perhaps one or two songs from 20 artists (give or take). I don't support the RIAA, with $$$ or otherwise,and since they aren't troubling with supporting an artist's career longterm, why should I be so worried about what happens to them? How many records from the Backstreet Boys will you see at garage sales or thrift stores in the next few years? Compare that to Beatles records.

    Supporting the artists means sticking with them. You cared enough to sign them, where are you when the first record doesn't do as well as you hoped? Sure, it didn't go multi-platinum, but is that the artists' fault or yours?

    Someone posted a great post right before me, lambasting the 'lowest common denominator' music and movies we as the lucky public are allowed to see. Read it after you're done rambling with me.. ;)

    Buy the Jayhawks new record. (it's great) And make it your last.

  • by teamhasnoi ( 554944 ) <teamhasnoi@yahoo. c o m> on Monday April 14, 2003 @12:11AM (#5725722) Journal
    to make the out-of-date, taking up space, obsolete, unrewarding Radio Section that has not been touched since

    Friday, June 29th 2001

    into a wonderful place to review and discuss new and old music and artists that *do not* support the RIAA.

    It seems that every /.er listens to music, and would welcome the chance to push their favorite band, song, or albums available on the net.

    Besides, as a place that is (usually) current, shouldn't the sections reflect that? Perhaps /. could even get a kickback...(wink wink nudge nudge)

    Who's with me?

  • by telstar ( 236404 ) on Monday April 14, 2003 @12:12AM (#5725727)
    I'll leave the "is downloading illegal" argument alone, but part of the problem is that the music industry has failed to introduce any notable download service to compete with what consumers have come to expect as a way to obtain their music.

    I'd guess that music companies currently spend millions, if not billions of dollars, trying to figure out how to get their music in the hands of consumers ... yet here the consumer is telling them that they want the ability to download electronic copies of the songs. Out of fear of what the impact of such a service could mean to their bottom line, the music industry has failed to answer this demand ... and instead, has reacted with lawsuits. The result -- Consumers continue to download, since there's not a legal alternative answering their desire to get their music online.

    I'd guess that if the RIAA's strong-armed legal tactics were introduced side-by-side with an affordable online music-download service, they'd see that a large population of users wouldn't mind paying for a well-marketed digital distribution service. Right now they'd rather spend their time trying to get the genie back in the lamp instead of cashing in on what the consumer is telling them they want.
  • CDBABY (Score:5, Informative)

    by Gulthek ( 12570 ) on Monday April 14, 2003 @12:35AM (#5725826) Homepage Journal
    C'mon people, get with the program!

    CDBaby [cdbaby.com] is one of the few online stories that really get it.
    • They give musicians a big cut of their sales
    • they have awesome recommendations
    • you can listen to 2 minutes from 4 tracks of the CD
    • you can return the CD if you aren't happy with it!

    I left RIAA music behind a few months ago, why not try and do the same?
  • by Animats ( 122034 ) on Monday April 14, 2003 @12:46AM (#5725866) Homepage
    The surprising thing is that CD sales are only down 9%. Consider:
    • Music now competes directly at retail with DVDs, music videos, and video games. Most stores that carry any of those carry all of them.
    • Most of the radio stations in the US are now owned by Clear Channel or Infinity Broadcasting, which play the same old music over and over again.
    • Everybody has already converted from analog vinyl to CD.
    • We're in a recession. All discretionary spending is down. Cars and air travel are doing much worse than music.
    • Concert attendance is down about as much as CD sales are down.
    • Rock music tanked a while back, and nothing since has a similarly broad appeal.
    With all this, it's surprising that CD sales aren't down something like 50%. We may yet see that happen.
  • by thogard ( 43403 ) on Monday April 14, 2003 @01:17AM (#5725985) Homepage
    They are selling CDs (and soon DVDs). Their aim is to move large amounts of cheap plastic into the stores. Thats all they care about. No one here buys stuff from the RIAA members, they just buy it from the record stores who are the customers of the RIAA members and what they want conflicts with what the end customers want. Now that anyone has the ability to edit music in a home studio that will sound better than most of the well done stuff made in expensive studios before the 1980s. The result is there is too much music for the record stores to deal with. Remember, they don't sell music, they sell small bits of plastic. They have to inventory them and arrange them so customers can find them and deal with moving out old stuff to make room for the new stuff and there is just too much new stuff. For example a radio station in Melbourne Australia had a contest where any local band could enter and 3000 bands sent in entries. If there are 3000 bands in listening area of 4 million people, I'm guessing that there is 3 bands per 4000 people that can make a CD per year. Now how many unique cd's are in the local record store? They can't cope with that many new CD's every week. Thats the problem that needs to be fixed. Come up with a way to do a record store were you can have more than 100,000 albums in stock and then the current RIAA cusotmers dry up and they will go away.
  • Clarification (Score:5, Insightful)

    by MacWiz ( 665750 ) <gzieman54NO@SPAMgmail.com> on Monday April 14, 2003 @01:36AM (#5726039) Journal
    Hate to interrupt here, but I'm George Ziemann. I'd like to correct a small error in the original post. What I said was that mp3s were ads for the actual recording. They ARE inferior because they only contain 10 percent of the original data. Maybe YOU (that's a very non-specific "you") can't hear the difference between a 128 bps mp3 and a 44.1kbps 16-bit recording, but I can. And it doesn't matter if you think it's immoral or not. It's my music and I should have the option of being a total moron and giving away crappy copies of my music for free if I want to. I can reach a global audience at a cost of $20 a month. Once I've made a CD, the mp3 costs ABSOLUTELY NOTHING to produce. As a result, I no longer need a record company. Record labels were invented to help the artist connect with their customers. Now they merely stand in the way. We don't need them any more, unless they successfully criminalize the sharing of mp3 files, in which case they gain complete control over my ability to make a living as a recording artist. Again.
  • by silverhalide ( 584408 ) on Monday April 14, 2003 @01:41AM (#5726055)
    The music distribution business as we currently know it is now obsolete. The music industry needs to accept this and move onto the new format, or be left holding the scraps of what people won't buy anymore. MP3 is the new de facto standard, and it's here to stay. Adapt or die. No matter what format you use, there will always be piracy. There was with VHS, tapes, CDs, and now MP3s. Yeah, it gets easier. That just means you have to make better music that's worth buying. There are indie labels out there still making money despite all this "piracy". Here's a thought, If I were in a band, I rather lose money from people stealing my records than fizzle out and die because noone heard me!! Nothing is worse than death through obscurity, and the internet is helping to revolutionize that endo of the business. I can't imagine how many talented musicians have failed simply because people couldn't hear their music. These are the people that play for ridiculously cheap rates just to get exposure, and they can't wait for people to trade their music. Just to get heard! [/rant] I will admit my music purchases have significantly declined since MP3s came about, but I look back at the CDs I bought before that and most of them are CRAP. I still occasionally buy a CD that's REALLY good and full of good songs, but those are very few and far between.
  • A darn good read (Score:3, Informative)

    by teamhasnoi ( 554944 ) <teamhasnoi@yahoo. c o m> on Monday April 14, 2003 @02:25AM (#5726163) Journal
    Here [411mania.com] is a link to an RIAA rant that is specifically about the lawsuits against the college students, but also sums up a lot of what has been said in this thread.

    Why don't I sleep?

  • by Newer Guy ( 520108 ) on Monday April 14, 2003 @02:25AM (#5726166)
    At the NAB, the buzz was IBOC-FM digital radio. It has a 96k data rate, which with proper coding will sound damn good (XM and Sirius are both 64k). I wander how the RIAA's gonna handle this? Will they demand content protrection? Will the decades old practice of taping songs off the radio disappear? Right now the FCC only allows simulcasting of the main channel audio on digital, but that'll change beofre too long. Does this mean that they'll be an analog/digital divide with regards to radio where the analog stations can be taped yet the digital ones can't be? Clear Channel has already upset the music companies by basically banning 'pay for play'(IE: Independent promoters) effective June first. It's surely gonna get interesting.....
  • by james_gnz ( 663440 ) on Monday April 14, 2003 @03:14AM (#5726351)

    Covert terrorist activities now uncovered in Iraq were far more serious than even the staunchest Bush advocate could have feared. US Marines in Baghdad today (Monday 4/14/03) uncovered secret bunkers containing many tens of thousands of illegal copies of works of American intellectual property.

    Captain Pitalist of the US Marines commented on the seriousness of the situation: "Saddam's regime has already defrauded the American recording industry out of billions of dollars, without us even knowing it. Had this been allowed to continue much longer, the entire US economy would have been in ruins."

    Said a spokesperson for the Whitehouse: "We expected to find a few WMDs, hell, maybe even a nuclear missile or two, but this... All I can say is we're lucky... we're all damn lucky this was caught right now. It doesn't bear thinking about, how many livelihoods would have been lost..."

  • Free speech (Score:3, Insightful)

    by gengee ( 124713 ) <gengis@hawaii.rr.com> on Monday April 14, 2003 @03:33AM (#5726396)
    "I feel that the guideline which prohibits me from mentioning more than one musical influence is ludicrous, inducing to false advertising, an unnecessary obstacle to my ability to describe my product or compare it to others within the advertisement I am paying for, and a violation of my constitutional rights."

    I am so sick and tired of people who claim their "Constitutional rights" have been violated when some group won't let them speak their mind.

    Excuse me? Did I miss the ammendment which gives me the right to say whatever I want on eBay?

    Freedom of Speech does not give you the right to say whatever you want everywhere you want to say it, George. It gives you the right to say it without government interference. And that's it.
  • by MichaelCrawford ( 610140 ) on Monday April 14, 2003 @06:16AM (#5726736) Homepage Journal
    I am one of those indie musicians who wants everyone to download their MP3s so their music can become known.

    Please feel free to download and share the MP3s for my album:

    The album consists of me playing my compositions for the piano.

    You can feel free to share these with your friends, but I would prefer that rather than sharing them with strangers over the Internet, that you link my page from your own homepage or weblog. That will help others to find out more about me when they download my music.

  • by Thedalek ( 473015 ) on Monday April 14, 2003 @08:05AM (#5727163)
    The RIAA isn't really stupid per se. They're just faced with the following scenario:

    Mr. Big Bucks: My record sales are slipping. Make them better again.

    RIAA: Well, there's a few things affecting your sales. There's your own high prices and lackluster quality...

    Mr. Big Bucks: Are you planning on getting paid?

    RIAA: ...And... uh... There's Internet Piracy! Yes, that's it.

    Mr. Big Bucks: Guess which one we can do something about.

    RIAA: High prices?

    Mr. Big Bucks: You are clearly delerious from the lack of money in your pockets. Here's a few million. Feel better now?

    RIAA: Oh, we go after piracy?

    Mr. Big Bucks: Excelsior.
  • by angle_slam ( 623817 ) on Monday April 14, 2003 @01:32PM (#5729758)
    This is off-topic, but is related to copyrights and music, so I thought I'd post this here. The White Stripes are a fairly popular group, whose previous album featured a song, The Union Forever that contained lyrics from the movie Citizen Kane. (You can view the lyrics here [lyricsstyle.com].)Now they face a potential lawsuit [nme.com] from the unauthorized use of the lyrics.

    From a legal standpoint, it is fairly clear, The White Stripes copied the lyrics and gave no credit and no royalties to the actual author. What is interesting is the moral or even economic dilemma: The White Stripes almost certainly did nothing to harm the movie Citizen Kane. In fact, they probably inspired some people to watch the movie who otherwise would not have watched it. Economically, the products are non-competing, as one who wants to watch a movie will not susbstitute a song for the movie, and vice versa.

    Just curious as to /.ers opinions on the matter.

  • The Poodle's Core (Score:4, Insightful)

    by nikster ( 462799 ) on Monday April 14, 2003 @02:31PM (#5730225) Homepage
    The music industry, due to their own incompetence and lack of creativity, is unable to provide people with what they want - easy, reasonably priced access to music.

    Instead of seeing this as it is and doing something about it, the music industry has entered a self-destructive pattern of denial and blame. The RIAA's arguments are akin to the emperor's new clothes: Nothing at all, backed by enormous power.

    But, in the long run, all the power in the world cannot keep alive the network of lies, distortions, and lawsuits. We are in a transitory period.

    Sooner or later, a service or company will emerge that will give us what we want. For me, a $5-download-album@256k music service would be sufficient (sorry, no 95% profit margins). Easy. Convenient. Good quality. Give $2,50 to the artists, divide the rest among the distributors. Doesn't sound hard, does it?

    George Ziemann asks what we can do: The answer is: Nothing. All we have to do is sit back and wait for them to collapse. And share files with friends in the meantime.

In the long run, every program becomes rococco, and then rubble. -- Alan Perlis

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