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Music Media The Internet Your Rights Online

Collective Licensing for Web-Based Music Distribution 236

Two weeks ago we discussed a proposal from music industry veteran Jim Griffin to implement a monthly fee from ISPs in exchange for the legal distribution of copyrighted music. Now, quinthar brings news that Warner Music Group has hired Griffin with the intention to make that proposal a reality. Warner wants Griffin to establish a collective licensing deal with ISPs that would let the ISPs stop worrying about their legal responsibilities for file-sharing while contributing to a pool of money (potentially up to $20 billion per year) that would be distributed amongst the music industry. "Griffin says that in just the few weeks since Warner began working on this plan, the company has been approached by internet service providers 'who want to discharge their risk.' Eventually, advertising could subsidize the entire system, so that users who don't want to receive ads could pay the fee, and those who don't mind advertising wouldn't pay a dime. 'I.S.P.'s want to distinguish themselves with marketing," Griffin says. "You can only imagine that an I.S.P. that marketed a 'fair trade' network connection would see a marketing advantage.'"
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Collective Licensing for Web-Based Music Distribution

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  • by DigitalisAkujin ( 846133 ) on Thursday March 27, 2008 @09:05PM (#22889352) Homepage
    So now instead of me having the choice of walking into a store and buying a CD I'm forced to?

    Who says that just because I use the Internet I ever listen to your music?

    Get out of my fucking wallet!
    • what about TV? (Score:3, Interesting)

      by aleph42 ( 1082389 ) *
      You do realise that you already do that when watching TV, right?

      Because the flat tax you pay for it and that helps fun programs is exactly the same as this one (okay, more advertisement contributes to it, and it's not only for music; but still).

      Would you consider that forced buying?
      • Re: (Score:3, Insightful)

        by IgLou ( 732042 )
        But why should people who are not accessing the content or paying for the content through something like iTunes have to pay any kind of tax?

        In my mind this is no better than extorting ISPs.
        Why not address the problem by capping upload limits from customers? I remember my ISP taking people down for hosting websites on their home computer. I can't see that being different.
      • Re:what about TV? (Score:5, Informative)

        by ScrewMaster ( 602015 ) on Thursday March 27, 2008 @09:18PM (#22889438)
        You must be from England. There's no flat tax to pay for TV programming here in the U.S. ... most television programs are advertiser-supported, except those that are produced by cable outfits like HBO and Showtime.
        • Re:what about TV? (Score:5, Insightful)

          by aleph42 ( 1082389 ) * on Thursday March 27, 2008 @09:42PM (#22889560)
          Okay, I was afraid of making that mistake; (and actually I'm from France, where the tax exists).

          Still, here I don't see people complaining about that flat fee just because they don't watch all channels, or because they don't watch them all the time. And of course that's in part because that tax is pretty low, just as the music fee could be (for example, if it was the avarage money spent spent by customer on music per month, or even better, the avarage actually given to artist; plus probably some money for marketing).

          Maybe a better example would be Disneyland: you pay to enter, and that pays for the haunted mansion, even if you never go there.

          Or a second example: buying a swiss army knife with a can openner, even if you never use it. Of course from your point of veiw it would be logical not to get a can openner, but as a global system it is more economic to "force" everyone to get the can opener, so that price get lower by volume.

          Of course this doesn't solve the problem of deciding what artist gets what amount of that money, but it still is a system that economicaly makes sense; charging 99cents on itune for every song does not.

          • Re:what about TV? (Score:4, Interesting)

            by mdmkolbe ( 944892 ) on Thursday March 27, 2008 @10:11PM (#22889746)

            Maybe a better example would be Disneyland: you pay to enter, and that pays for the haunted mansion, even if you never go there.

            This is an example of bundling (i.e. you always have to buy "a" and "b" together). Economically bundling always favors the seller giving them more power and money (the reasons are to complicated to explain here; look it up in an Econ book). It is not illegal, but it can really disadvantage the buyer and when the seller is running a de facto monopoly (as most non-metropolitan, US, broadband ISPs are) they could be hauled up on anti-trust allegations.

            For example, most people wouldn't object to the grocery store bundling batteries with their flashlights, but if the water company required you to buy a car with your water service then people would squeal. Here it is all shades of gray depending on how related the items being bundled are and whether the buyer has alternative to buying the bundled items. Personally I think this steps across the line. For me the internet is a utility and I really don't want it to be bundled (e.g. the AOL portal model) with things that I have no intention of using. After all who is to say there shouldn't also be a Slashdot tax on ISPs to pay for running the Slashdot site.

            • I know all about bundling, and I hate that PC manufacturers bundle windows with PC.

              But saying "bundling always favors the seller giving them more power and money" is not true; for example, you can see cars as a huge bundle of tires, motor, etc; but it actually serves the consumer that it is bundled, because the economical impact of scaling is so big that cars can be made much cheaper than the sum of their gears.

              Bundling sometimes translates a reallity about the production and distribution costs to the consu
              • by Wildclaw ( 15718 )

                But saying "bundling always favors the seller giving them more power and money" is not true; for example, you can see cars as a huge bundle of tires, motor, etc; but it actually serves the consumer that it is bundled, because the economical impact of scaling is so big that cars can be made much cheaper than the sum of their gears.

                Compared to an equivalent big company that deliveries those parts in pieces? The only reason such a company doesn't exist, is because what the consumers are buying isn't the bundled parts, but the construction of a car

                Why do I think that this internet license makes sense? Because the cost and difficulies of knowing what every internet user downloads is so high, it's just not doable (part of the cost: I would be protesting in the street if it was the case).

                But the problem starts right there. If you don't know what each internet user downloads, you can't accuratly divide the money among those who deserve them. It would probably hugely favor those who sell the most via traditional stores and show up in the statistics, while very much hurting tho

          • Re:what about TV? (Score:5, Informative)

            by poetmatt ( 793785 ) on Thursday March 27, 2008 @10:13PM (#22889766) Journal
            So, not to be ad hominem, but lets use your own analogy.

            The difference here is between choosing to go to Disneyland (and pay it or not), and being forced to pay for Disneyland. It's not a question of where the money goes, its whether you have the choice of how to spend it. The system doesn't work because the cost will be passed to the consumer, not the ones tossing aside their liability. Additionally, what does this do for non-label artists? There are issues on both sides of the table and why this doesn't work.

            Or analogy two: Your choice to buy the swiss army knife or not, are you saying that you should just pay the fee for it, or you can choose to buy it? That is the bigger deal here. It's not where the magic marketing numbers are (which are shown that most people don't click advertising)

            I hate to say it, but I would be seriously offended by a "pay for being a criminal" type subscription charge for the reasons above, what it implies, and all it is doing is degrading service. I really hate to support big business but by increasing the cost for the same service that is the same thing as degrading it due to lack of efficiency. Sometimes this happens naturally but artificially like this is just lining MPAA/RIAA/IFPI pockets at the simultaneous expense of every consumer who is legitimately or not using a service.

            May as well just label it a "profit charge" and put that into your service bill for anything...except for the reality of just how much backlash that would create. Or maybe they'll try to get it passed by calling it "opt-out" or some garbage.

            There are plenty of articles out there about ad revenue, associating things like "just because you watch TV" = money in a media associates pocket are unaccurate as far as ad revenue. Unless someone explicitly provides you a way to track a sale back to a TV ad, you can't really associate a sales increase from strictly an ad (especially if there is more than 1 source of adds, and even with fairly stable business). Reason here is that markets are volatile, and sales is just as volatile. People can change on the drop of a hat, because the sky is blue today, etc in the same way that a stock does. http://techdirt.com/articles/20060504/1941211.shtml [techdirt.com] provides a decent example of that.
            • by CSMatt ( 1175471 )
              But if it's cable TV, then you do pay directly to the networks. Look at your cable bill when it comes in the mail. It should say "Copyright Fee" or something similar that indicates that a small percentage of your bill goes to the networks directly. It's why I don't get cable: my money shouldn't be supporting networks I don't watch.
              • ahh Matt, you usually have some good info for me as always. /salute

                I don't actually get cable, I happen to live in a place where it's provided but its complementary (and I don't watch TV for the most part anyway). I could see how what you say would tie to the OP's comment, but applying that to basically "internet" seems to be quite a stretch. I understand the difference with radio in that argument.
                • by CSMatt ( 1175471 )
                  I don't want to see this implemented. I'd much rather see business models that don't depend on distribution control but also don't rely on mandatory payment by everybody - especially non-consumers.
          • Okay, I was afraid of making that mistake; (and actually I'm from France, where the tax exists).

            Technically speaking both you and the GP are correct.

            We don't have a tax on TV the way that you or the British do, but some tax money is spent on PBS. And there are some taxes on TV which are used primarily to deal with access issues. Such as paying for the right of way for the cables. There was a court case around here by the cable cos., to try and force satellite providers to pay it, but I think that the satellite providers won.

            And to some extent there is bickering over that from time to time because of

          • Re:what about TV? (Score:5, Interesting)

            by pavera ( 320634 ) on Thursday March 27, 2008 @10:31PM (#22889854) Homepage Journal
            The big difference between an "internet content tax" and the television taxes you guys have over across the pond is that there are hundreds of types of media that are accessible through the internet.

            If this were put in place, it would be less than a week before the ISP bill had hundreds of additional charges:
            Music Fee $5
            Movie Fee $10.50
            TV Fee $7
            News Fee $12.32
            Voice Transmission Fee $3
            Software Fee $15
            Slashdot Fee $3
            Google Fee $6
            Photo Fee $5
            Book Fee $8

            etc, etc, etc, every single industry that has piracy exposure, or distributes anything online would get in on this racket ASAP, and it would suddenly cost $500/mo to get a simple internet connection. Whether you used any of the above services or not.

            Personally, I do not download music, I do not listen to any music except for the music I purchased on CDs. I haven't purchased a new CD in nearly 8 years as nothing that has come out has made me the least bit interested. I detest the music industry, and I refuse to give them a dime. If they manage to push this through, I would be forced against my will to give these evil bastards my hard earned money.
          • Still, here I don't see people complaining about that flat fee just because they don't watch all channels, or because they don't watch them all the time.

            Actually, there are people that complain about it. Why should my money to the cable company be supporting the Tagalog-, Vietnamese-, and Chinese-language stations when I not only don't turn to them, but actively remove them from my channel line-up? Why should I be paying for Oxygen or Lifetime if I never watch them? One of the FCC commissioners actually

          • Re:what about TV? (Score:4, Insightful)

            by definate ( 876684 ) on Thursday March 27, 2008 @10:54PM (#22890004)
            Maybe a better example would be you walk into a shopping mall, but you don't buy anything, but just because you walked into the mall you have to pay for it just in case you stole something, however if you do want to buy something, then you need to pay again.

            That's a more accurate description of what is happening.
      • Re: (Score:3, Informative)

        by Grave ( 8234 )
        The money you pay for cable/satellite TV is almost entirely to support the infrastructure, not the actual television studios, whereas the money you pay for a DVD box set goes back to the studio. However, when you pay for that TV service, you are doing so because you intend to watch television; hence, the studios do get a certain cut of revenue from that paid service. When you pay for internet service, you may intend to listen to music through it, but that is hardly the only (or primary) reason that people
        • by CSMatt ( 1175471 )
          Well, Time Warner and Comcast are already both ISPs and media companies, so that isn't as far fetched as it might sound.
      • by CSMatt ( 1175471 )
        If he's getting cable Internet access and doesn't watch cable TV at all, then yes. Most cable providers force you to get their TV service if you want their Internet service.
    • by Stripe7 ( 571267 ) on Thursday March 27, 2008 @09:26PM (#22889482)
      I have 10 CD's I listen to. I have have purchased them over the last 10 years. I do not listen to anything else on radio or cable on demand. Why should I have to pay this tax?
    • Right on.

      And from TFA:

      "We're still clinging to the vine of music as a product," Griffin says, calling the industry's plight "Tarzan" economics.

      "But we're swinging toward the vine of music as a service. We need to get ready to let go and grab the next vine, which is a pool of money and a fair way to split it up, rather than controlling the quantity and destiny of sound recordings."

      Pardon me for likening these guys to howler monkeys, but - Tarzan Economics?!?!?

    • Indeed (Score:5, Insightful)

      by QuantumG ( 50515 ) * <qg@biodome.org> on Thursday March 27, 2008 @09:55PM (#22889654) Homepage Journal
      And what about the deaf, will they have to pay this tax, err, I mean, collective licensing?

    • Re: (Score:3, Insightful)

      There is no way this service could work except as an opt-in, and then it'd have to be at consumer level, not ISP level.

      as many have pointed out, there's no reason for a person who never downloads music to be indemnified against music piracy. Of course, the delusional belief that everyone consumes their product (and therefore should pay more for not paying them enough already, a cogent syllogism if ever i did hear one..) is the real problem with the record industry, and i doubt even implementing this syste
      • by QuantumG ( 50515 ) *
        Yeah, I just don't get how they think they're so important when they're barely a $10 billion market (from the article). The self storage industry is $18 billion.. you don't see them clamoring for their own tax, or their own laws.

    • we yes but .... (Score:3, Insightful)

      by taniwha ( 70410 )
      what if I've already bought your crap and don't want to pay for it again? (I own ~1000 CDs I've bought each one, I don't download music but I use the internet heavily, why should I pay a tax like this?)
    • you have a very good point and it illustrates a huge problem with the idea, well actually several: why should those who don't listen to those bands have to pay? >> which leads to the idea of an opt-in system- certain $ amount/month in exchange for exemption from any legal consequences from downloading pretty much any music you want with the earnings being distributed accordingly. but by that system there isn't a need to involve the ISPs at all in fact wtf were they thinking trying a blanket system!!?
    • Allow me to propose a counter-offer: Anybody who wants to voluntarily pay X $$ per month tacked onto their ISP bill, they can commit as many acts of non-commercial copyright infringement that they like. That is, anyone who pays the fee/levy/whatever gets blanket immunity from RIAA lawsuits.

      Anybody who isn't interested, well, they can choose to continue with the current status quo.

      Let me start the negotiation for what that amount per month should be with my offer of $1 per month.
  • by Anonymous Coward
    Lord knows everyone here will figure out a way to get rid of them and still get all the free stuff they want.
  • by LiquidCoooled ( 634315 ) on Thursday March 27, 2008 @09:06PM (#22889370) Homepage Journal
    First they came for my mp3s, but I did not download those, so I did nothing.

    Then they came for my tv shows, but I did not download those, so I did nothing.

    Then they came for my porn and I was sunk :(
  • careful (Score:5, Insightful)

    by nguy ( 1207026 ) on Thursday March 27, 2008 @09:11PM (#22889402)
    They aren't quite clear about what you get for that fee. On the one hand, they talk about "access to a database of all music", but then they talk about freeing the ISPs from liability. This might well mean that for your fee, the only thing you can legally do is "access" music in Windows-only formats from an unreliable and poorly maintained RIAA server, whose notion of "all music" is limited to top-20 stuff.

    In any case, any proposal like this should have a clear and well-defined path in it towards dismantling the RIAA and making its members obsolete; a world in which music can be shared and distributed freely does not require record companies in the traditional sense. The only thing these people still can hold on to should be the old copyrights they managed to obtain from less lucky artists.
    • The description of the plan looks more like corporate piracy than anything else.

      It appears that one would pay them a fee, and be able to trade any songs at all, including those produced by indie artists and the money would go back to the RIAA affiliated outfits.

      On top of which since the music appears to originate from copies that the general populace rips, there's no assurance of any sort that I won't end up with another copy of CCR's Sweet home Alabama in a low quality encoding.

      The price point is good, but
    • by Symbha ( 679466 )
      If I understand correctly, and IANAL, ISPs have no liability for the traffic in the first place due to common carrier status. That is of course, unless you are Comcast et. al, and are treating different kinds of content differently, in which case you can no longer claim common carrier.
  • I buy all my music off iTunes and eMusic, I'll opt out thank you very much. They way I get my music is much cheaper than this idea. Quite frankly, I can't think of the last time I bought music of a Warner owned label, so they don't deserve a dime of my money.
  • I want my cut! (Score:5, Insightful)

    by cbc1920 ( 730236 ) on Thursday March 27, 2008 @09:14PM (#22889416)
    This is quite possibly the worst idea the record companies have ever come up with. I would be very surprised if any ISPs ever give in. I can see it now:

    Monthly internet bill:
    50.00 - connection fee
    5.00 - music extortion fee
    5.50 - movies extortion fee
    8.25 - television extortion fee
    3.00 - print media extortion fee
    4.00 - software warez extortion fee
    2.00 - images possibly out of copyright
    4.00 - independent music fee
    3.00 - documentaries fee
    2.50 - guitar tabs/sheet music
    3.00 - song lyrics
    2.00 - spambot fee (just in case I'm a node)
    7.00 - fee for everyone else wanting my pound of flesh

    total: $100 per month, and I think I'm being quite generous

    Where will this stop? If the record labels get their fee, I want my fee for everyone that downloaded that one picture from my blog that I told you that you shouldn't save but you did anyways. You can just send me those $.02 per subscriber per month, or I'll take a flat fee of $3,000,000 - thanks.
    • Re: (Score:2, Insightful)

      by noidentity ( 188756 )
      And no way to waive these fees if you just casually surf the web and check e-mail. Looks like they just hit on the perfect idea to get paid without having to do a fucking thing. FUCK THE RIAA.
    • their part. They have been losing customers. Not because of theft, but because they put out trash. So, they are changing from an oligopoly with a somewhat competitive approach to a tax based approach, in which they get paid NO MATTER what the industry does. I suspect that it will be structured based on number of songs that they have, rather than what is being downloaded. If if based on downloaded, then find a dynamic IP isp, and have their own systems download in auto mode. IOW, they rack up the charges th
    • by Talinom ( 243100 ) *
      If they do this I will feel compelled to download * from the internet, just because. Things on my list to download would be:

      Every damn Metallica album. Why? Because it would piss them off badly.
      And then I would buy the new NiN CD.
      Every version of MS Windows ever made. Why? To piss off the BSA.
      And then I'd switch full time to my Linux partition.
      Mac OS X, and I don't even own a Mac yet.
      Every song on iTunes. Even if I hated it.
      And once that is all done I'll only surf the internet at work.

      Will busin
  • I for one am all for a $5 fee to allow me to pirate (all I can eat) all the time. Now I occasionally feel a pang of guilt (I lie down and the feeling passes) when I'm stealing some sweet music. After this nominal fee I'm good to go for full tilt piracy. After all this fee is paid because I'm a pirate, right?

    Sheldon
    • Re:this is great! (Score:4, Insightful)

      by Idiot with a gun ( 1081749 ) on Thursday March 27, 2008 @09:24PM (#22889464)
      That's not what it is, it's a fee to free the ISP's from the legal responsibilities of their services being used for piracy. The pirate still could be sued under these terms, and legal users are in effect being charged twice.
      • Re: (Score:3, Insightful)

        by elronxenu ( 117773 )

        So ... what are the ISPs paying for, if they aren't the ones being sued and they aren't the ones sharing the music?

        I can see it like through a crystal ball ... the first user of one of these ISPs who gets sued, their lawyer is going to demand an accounting of all the ISP fees - and since the user is paying the fee (indirectly), the user is entitled to the benefit of indemnification.

      • Re: (Score:3, Informative)

        by click2005 ( 921437 )
        The pirate still could be sued under these terms, and legal users are in effect being charged twice.

        Thats what I thought at first, the RIAA would be penalizing people who aren't pirates.

        but... from the article..

        a controversial plan to bundle a monthly fee into consumers' internet-service bills for unlimited access to music.
        Warner's plan would have consumers pay an additional fee--maybe $5 a month--bundled into their monthly internet-access bill in exchange for the right to freely download, upload, copy, and
  • CD-R Tax anyone? (Score:2, Insightful)

    by zoltamatron ( 841204 )
    This stinks like the CD-R tax in canada except that now EVERYONE must pay a surcharge. What a bunch of crap.
  • by dcollins ( 135727 ) on Thursday March 27, 2008 @09:20PM (#22889448) Homepage
    Seriously, this is so exponentially insane the first thing I thought of was SCO.

    - "The company has been approached by internet service providers 'who want to discharge their risk.'" Fuckin' bullshit. Total horseshit. Lies, lies, lies. Classic smokescreen to try to create some kind of peer pressure. There is no risk. There are no such ISPs. That's why they must go nameless.

    - What ISP would open themselves to this kind of blackmail? Wouldn't that be an obvious signal to the movie industry, the book publishing industry, the software industry, "come get in line and bilk us for money, we're weak and easily intimidated"?

    - "Eventually, advertising could subsidize the entire system, so that users who don't want to receive ads could pay the fee, and those who don't mind advertising wouldn't pay a dime." What the fuck? How do those ads get on my system from the ISP? Across Firefox? Through my email? In my WOW packets? Take over my OS? WTF is that?

    This guy should be in protective custody, under observation for a few weeks. He's clearly lost his grip on reality and must be a danger to himself. But then, that didn't stop SCO.
    • FTFA:

      Warner's plan would have consumers pay an additional fee--maybe $5 a month--bundled into their monthly internet-access bill in exchange for the right to freely download, upload, copy, and share music without restrictions.
      What?
      There has to be a catch.
      No way they'll allow one person to sign up for this and share out the entire catalog, to the entire world, with Warner's blessing.
    • by Reziac ( 43301 ) *
      I'd guess it was more like some ISP got sent a bunch of John Doe notices (of the sort NewYorkCountryLawyer has been fighting) and said to the RIAA cartel, "See here, this is getting ridiculous, why don't we try to work together instead?" and made some sort of revenue-sharing offer to the RIAA cartel. Who thought it sounded like a grand way to get a guaranteed revenue stream at absolutely no cost to themselves.

      While I think the basic concept is all right (would I pay $5/mo. to download whatever the hell I wa
      • but would you be paying an extra $5 a month so that you can download all your music, or would you be paying so that it was still illegal, but the RIAA would not sue your ISP, but only you!? Don't count on them doing the "right" thing. Also, I'm curious, would this be considered "taxes and fees" so that the prices would stay the same, IE, $40/month + taxes and fees (they never say its $10)
        • by Reziac ( 43301 ) *
          Per TFA, this fee would let you download, share, and generally do what folks are already doing, with the legal risk removed.

          But as you say, I'll believe that they're totally indemnifying everyone, at every level, when I see it in cast-iron legalese.

          The ad-supported filesharing client (implied by TFA) is really a better idea, in that there's no cash outlay (unless you want to pay the small fee to get rid of the ads) and you'd only pay if you actually used the service. And they could hardly complain if you sh
  • "You can only imagine that an I.S.P. that marketed a 'fair trade' network connection would see a marketing advantage.'"

    First off 0%... more cost? Dude I have encryption...

    Second, the current lawsuits don't really affect many people outside the U.S. we're not scared to go on pirating in the open, MPAA might be able to pull this off if they could catch all the people with I.P.'s listed in bittorrent.

    3rd. Hello Extortion won't you come join the already failing U.S. internet push...

    This whole thing is a
  • Fair distribution? (Score:5, Insightful)

    by SeekerDarksteel ( 896422 ) on Thursday March 27, 2008 @09:27PM (#22889486)
    I'd be much less repulsed by this idea if I had any belief that the fees would be distributed in a fair fashion. As someone who listens to a fair deal of indie stuff (and virtually no major label stuff), I'm concerned that there's no way in hell anyone not on a major label would get to see a dime of the money. (Not that anyone ON a major label will see a dime of the money either, what with the soul-stealing contracts they make bands sign).

    Ultimately then, it becomes about subsidizing an industry in a manner that provides absolutely no incentive for any major label to make desirable music. They can produce whatever they want and take the flat fee, preventing us from voting with our wallet. As a result, music would become even more controlled by the major labels than it already is now. And that's a particularly disgusting thought.
    • I'd be much less repulsed by this idea if I had any belief that the fees would be distributed in a fair fashion. As someone who listens to a fair deal of indie stuff (and virtually no major label stuff), I'm concerned that there's no way in hell anyone not on a major label would get to see a dime of the money.

      Yup, no different from licencing fees in other areas, like APRA's "MUSIC IN THE WORKPLACE" and "Background Music" public performance licences.

      At least they're up-front about how they're going to f


  • I'm in Australia. My ISP is in Australia. I listen to Australian bands. US bands. English bands.
    Jazz, rock, hard rock, pop culture and some classical stuff too. Actually pretty much a mix of everything from EVERYWHERE.

    Who do I pay for the privelage of not getting sued ?
    Who does my ISP pay ?

    RIAA ? The Australian version of RIAA? Anyone who claims to be a music distributor ? All of the above ??

    This is straight "all your monies are belong to us" crap, that has nothing to do with finding a solution, and e
  • What risks? (Score:3, Insightful)

    by eric76 ( 679787 ) on Thursday March 27, 2008 @09:35PM (#22889524)
    Just what risks do ISPs have for the file sharing by their customers?

    THe last I heard, ISPs have a safe harbor as long as they just act as a conduit.

    As such, any ISP that worries about their liabilities for the issue are wasting their time on nothing. To the best of my knowledge, there are no risks for the ISPs.
    • by KlomDark ( 6370 )
      Very good point. The term for it is Common Carrier Status. Modify nothing passing across your network and you are a common carrier. Unlike Comcast, who lost that when they started playing around with packet delivery.
      • ... and Comcast began playing around with filtering ... at the behest of content interests, right? Could this remotely be a deep trap to trick ISP's into losing their common status?

  • Even if this idea wasn't insane, the problem still lies in how the money would be distributed amongst the "music industry". I don't listen to mainstream tunes very often. I don't want my money going there.
    • Not to mention that it has already been shown that the money from file-sharing lawsuits has gone to the "music industry", not "musicians". At least some miniscule fraction of a cent of a CD sale or legal digital purchase (iTunes, Amazon, etc,) goes to the musicians.

      I can just see this as the music industry's way of making money, while telling individual musicians "Hey, sales of your album are down..."
  • by Whuffo ( 1043790 ) on Thursday March 27, 2008 @09:43PM (#22889572) Homepage Journal
    This is just another ploy to continue their game. Those record companies and their lapdogs have made a lot of money by controlling the distribution of music. That worked well when distribution was difficult and they could control it - but this is a brave new world where music is digital and it can be distributed across the world as digital data at very low cost and out of the control of those who profited from scarcity previously.

    Much like the surcharge on cassettes or recordable CDs, they'll take the cash and insist on more and more. It's all for the artists, but the artists never see any of the money - instead, the labels continue to figure out ways to cut the artist's share even more.

    This will go on and on and they'll never be satisfied. The only real answer it to say NO and put these leeches out of their misery. Will our corporate overlords have the backbone to do this? I don't know...

  • what if I don't? (Score:2, Insightful)

    by sleigher ( 961421 )
    If my ISP charges me for music that I am NOT downloading I promise I will steal every album known to man 1000 times. I mean make 1000 copies of every album known to man.......
  • Superb! (Score:2, Insightful)

    by mashuren ( 886791 )
    I'd gladly pay an extra few bucks a month for my internet if it means I have carte blanche to torrent as much music as I want without having to worry about getting sued (and if it means my ISP would stop throttling my bandwidth - I'm sick of having to reset my modem every other day.)
  • Hmm. Well. (Score:2, Insightful)

    by spacefiddle ( 620205 )

    After careful consideration, sir, I've come to the conclusion that your system sucks [wikiquote.org].

    Did anyone else fall over laughing at that "$20bn a year" bit? How'd they arrive at that carefully calculated number: "gee, i'd sure like 20 billyun dollarz lol." Honestly, if the major ISPs have any brains left at all (debatable, i realize), i don't see them going for this. "Hey can you be the bad guys, charge your customers more, sell them on it, and pass most of the profits on to us? Kthxbye."

    I expect the RIAA an

  • In Canada (Score:3, Funny)

    by future assassin ( 639396 ) on Thursday March 27, 2008 @09:47PM (#22889602)
    This fucking idea is so crazy that it just might pass. Thank god I live in Canada where I only have to pay to music companies when ever I want to back up my photos onto a cd from a new photo shoot.

    Wait a minute?!
  • Familiar practice (Score:3, Insightful)

    by NoobixCube ( 1133473 ) on Thursday March 27, 2008 @09:53PM (#22889644) Journal
    We in the business like to call this a "protection racket".
  • I intend on distributing my music through the web, how can I get in on those payments?
    • Re: (Score:3, Interesting)

      by BlueStrat ( 756137 )
      I intend on distributing my music through the web, how can I get in on those payments?

      I believe Steve Albini has the procedure for that outlined here:

      http://www.negativland.com/albini.html [negativland.com]

      In other words, if you're not signed to a major label, fugettaboutit!

      You think they want to share any money with the competition?

      Cheers!

      Strat
  • The death rattle... (Score:3, Interesting)

    by TysonPeppler ( 1256212 ) on Thursday March 27, 2008 @10:08PM (#22889726)
    ...of a dying industry.

    Honestly, the music landscape is changing; the format is changing. It isn't a bad thing that corporations will have to find other sources of revenue due to society changing the way it obtains/listens to/communicates the media of music.

    There may be less money in music after the dust has settled but extortion is not the answer. Diversify or fall.

    Its interesting. Usually changes in industry require new technologies - new hardware technologies. Think digital cameras vs film. Alot of film corporations (agfa, konica) no longer exist in that aftermath. This is subtlety different; it is a change in social thinking. If 80% of kids pirate, then it should not be considered pirating. It should be legalized and the new way of doing things. There are new ways to make money from this.

    Where will the corporations put the money gained from isps? Obviously into new lawsuits.
    • by CSMatt ( 1175471 )

      Think digital cameras vs film. Alot of film corporations (agfa, konica) no longer exist in that aftermath.

      And yet the big two film companies (Kodak, Fugifilm) had the sense to invest heavily in the digital camera market with cameras, memory cards, and developing kiosks.

      The lesson here is that, if you want to keep your business afloat, you need to invest in new technologies when it becomes clear that they will disrupt the current model. The RIAA missed its chance when it sued Napster instead of working with them.

  • by trawg ( 308495 ) on Thursday March 27, 2008 @10:09PM (#22889730) Homepage
    Do they actually have any? Surely their responsibilities begin and end with complying with law enforcement requests to provide details of users suspected of copyright infringement.

    Sort of sounds like a scare tactic; I can't imagine ISPs falling for it - aren't they 'common carriers' specifically so the responsibility for what people do with their network _doesn't_ fall on them?
    • Re: (Score:3, Interesting)

      by kent_eh ( 543303 )
      If the ISPs can give varying levels of priority to traffic with different destinations, or characteristics, or "agreements" (I.E.:the opposite of net neutrality) then I should think that the ISPs become nothing like common carriers, and have full liability for everything that they permit thru their pipes...

      If the ISPs start collecting for music downloads, then one might expect them to learn how to differentiate between music and lolcats pictures.
      And as soon as they demonstrate that ability, then every organ
  • No. Just no. (Score:5, Interesting)

    by symbolset ( 646467 ) on Thursday March 27, 2008 @10:18PM (#22889780) Journal

    And then there were a few providers who wouldn't pay. They set up a new network where this practice was prohibited, at the time called the Othernet. Since it was a new network they could use the open technologies of the Internet, but avoid the chains of legacy technology like IP v4.

    This proved to be the revolution that transformed intellectual property. Because the Othernet required secure Onion Routing protocols and packets protected by public key encryption fast ASICs to make the requirement fast and reliable were developed. The logic from these ASICs became embedded in the logic for Othernet core routers. The features were found to be popular on Internet and intranet routers as well, and so became an industry standard feature no vendor could avoid.

    On the Othernet it was impossible to determine who sent what to whom. Naturally this became a haven for the criminal element, the disaffected and the insane. Here also though was a channel for open discussion free from fear of oppression. The Othernet begat Radio Free Othernet and the numerous cells responsible for the October Rebellion culminating in the Halloween event referred to in your history books as "the day they hanged the lawyers."

    The market for the classic Internet shrivelled as its proprietors folded one by one. Eventually the last desperate holdouts were absorbed into the Othernet. Although the official name for the network is still the Othernet for casual purposes it is now referred to as the Internet.

  • by CrazyJim1 ( 809850 ) on Thursday March 27, 2008 @10:43PM (#22889936) Journal
    Famous artists could have their own distribution models set up merely because they have a good name. All they'd have to do is sign out contracts with indie music they endorse.
    • by Reziac ( 43301 ) *
      Actually, that's a good thought -- let indie bands piggyback on successful acts (much as they do at concerts!) It could work like this:

      Go to the NIN site, see endorsements for a dozen new indie bands, with an array of download options much like NIN is presently offering. And NIN takes a small cut (say 10% of sales) of the piggybackers' income, in trade for increasing their visibility beyond any hope they'd ever have even with a big-label contract.

  • ... if I don't like whats available?
  • WHAT THE FUCK (Score:4, Insightful)

    by definate ( 876684 ) on Thursday March 27, 2008 @10:45PM (#22889950)
    This is the most retarded business idea I have ever seen.

    How is it decided who gets the money, what are we paying for?

    This is just another way of passing the costs on to us, however this time we don't get a valuable product in return, and there is no incentive to produce. This will inevitably cripple the music industry more than file sharing could ever do, and it will hurt the ISP industry as well (Unless it's voluntary, in which case it won't last long, since there are significant economic incentives to not do it).

    I can't believe someone even considered this.

    No legitimate business would ever consider this, only Government would consider a revenue stream like this.

    This is pissing me off heaps right now, and I haven't even read the article. I hope this is another one of those "Slashdot went crazy and badly worded the article" moments.

    Someone needs to smack them over the head with the wealth of nations followed by free to choose.
  • Oh wait... they own a couple.. AOL [wikipedia.org] and Roadrunner.
  • $20 billion (Score:5, Informative)

    by Alsee ( 515537 ) on Thursday March 27, 2008 @11:30PM (#22890204) Homepage
    Great idea!

    The entire music industry gross revenues are about $14 billion. So what we'll do is hand the RIAA $20 billion pure profit for sitting back and not doing any work in particular on top of them continuing to collecting most of the $14 billion they get now minus whatever speculative amount legal P2P might actually diminish those $14 billion revenues.

    I'm glad to see we've finally found a fair solution.

    -
  • I don't like it but I might think it's tolerable if:
    1) The fee charged is low (doesn't affect cost of internet access that much) , and can be different on a per country basis.
    2) It allows ISPs to cache the content without being sued - this means ISPs can start having "Super Peers" for seeding P2P stuff in their networks.

    The ISP can then throttle P2P connections that go to other ISPs, except those for their Super Peers, and prioritize inter-isp traffic to their Super Peers, and Super Peer traffic to their cu
  • Big Fat Paulie (Score:3, Insightful)

    by Comatose51 ( 687974 ) on Friday March 28, 2008 @02:11AM (#22891044) Homepage
    How is this different from the "protection money" Big Fat Paulie wants me to pay in return for not lighting my shop on fire? I get free music in return? Well Paulie said that I'm protected from the other criminals in return.
  • Bad premise (Score:3, Insightful)

    by mmcuh ( 1088773 ) on Friday March 28, 2008 @08:21AM (#22892738)
    The insane part here is that ISPs have some sort of "legal responsibility for file-sharing" in the first place.
  • by rnturn ( 11092 ) on Friday March 28, 2008 @09:04AM (#22893176)

    My ISP provides a connection to the internet for me. They don't force me to use some damned AOL-like portal. I run my own servers (web/mail) so I don't have to connect to their mail service to gather my email. So... where are all these advertisements that are intended to subsidize the music industry supposed to be coming from? I can't see how I'd even be seeing them. Yet I'm possibly going to have to pay to avoid seeing them.

    Yet another proposal for dipping into my wallet coming from an industry that still has no idea how the Internet is supposed to work. I'm having trouble figuring out who further from understanding this: the RIAA or Ted Stevens.

  • Painful Withdrawal (Score:3, Insightful)

    by carrier lost ( 222597 ) on Friday March 28, 2008 @12:25PM (#22895608) Homepage
    Every time the entertainment industry comes up with another idea designed to force the money-spigot wide open, it reeks of the desperation of a junky trying to get one last hit.

    These bastards have sat on their asses for over fifty years, reaming artists and raping customers and enjoying tons of cash.

    Those days are over, but the junkies can't conceive of a world in which they don't get their easy fix.

    It's repugnant.

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