Tag Archive for 'Corporations'

Sony-BMG Uses Pirated Software

Spotted on: Ars Technica

The major labels are very outspoken about the evils of piracy, and aggressively pursue those who chose to download music and not pay for it. That being the case, there is great ironyin the fact that up to 47% of Sony-BMG’s software is pirated.

Recently, a tech support call for a program called Ideal Migration (a Windows server management tool) was made by a Sony BMG employee, and the product code given was pirated.

The ensuing drama included a seizure of some of Sony-BMG’s assets.? Paul Henry, The CEO of the maker of the software, was quoted as saying “I think piracy is linked to the policy of a company. If the employee has the necessary funding to buy the software? he needs,? he will. If this is not the case, he will find alternative ways, as the work must be done in one way or another.”

Bottom Line: A company that is using pirated software should not be surprised when their products are pirated.

Major Labels Facing Antitrust Investigation?

Spotted on: Techdirt

Although the details are sketchy, the US Justice Department is looking into whether a subscription for the Big Four labels is an antitrust violation. Back in 2001, there was an antitrust investigation against the major labels for…. a subscription service. According to The Register, the Big Four have already been served notice this time around. Although the details are sketchy, it is apparent that the Dept. of Justice has an eye turned toward the industry (again).

Investigations around “Big Music” have been ongoing for the last few years. In 2000, the Federal Trade Commission settled with the major labels on price fixing and unlawful advertising practices relating to “Minimum Advertised Price” policies.

Super producer Rick Rubin has said “The subscription model is the only way to save the music business. If music is easily available at a price of five or six dollars a month, then nobody will steal it.” He also said, “Until a new model is agreed upon and rolling, we can be the best at the existing paradigm, but until the paradigm shifts, it’s going to be a declining business. This model is done.”

While a subscription service may stem the tide of file sharing, will it provide any kind of sustainability for artists? CD sales are falling end over end, but digital sales are brisk, and touring and merchandising are still viable revenue streams.

Everyone agrees it’s time for a new model, and noone seems to know what the new model will be. The sky may be falling, but music is still a multi-billion dollar business. The future lies in creating a model that generates positive public perception, convenience, and collectibility. The platform may be shifting wholly to digital music, but that doesn’t necessarily mean people won’t buy music anymore. The advent of the “360 deal” shows that the industry is embracing a new kind of marketing, where the band is the brand, not the content. At the end of the day, it’s all about the music, and people will pay for convenience and for music that they love.

Bottom Line: The paradigm shift at the heart of the music industry is upon us.

XM + Sirius = Bad News

Spotted on: Digital Music News

The XM-Sirius Satellite merger is imminent. Insiders are saying the Department of Justice will approve (and probably this week), followed by the FCC. It doesn’t take a rocket scientist to figure out the competitive advantage here: Consolidate the satellite radio waves completely.

Clear Channel is railing against the “peril” of this merger: “[T]he filing concludes by suggesting that if the FCC approves an XM/Sirius merger, it should also allow Clear Channel to expand beyond its current ownership…of radio stations”.

I want to share a quote with you: “Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony [. . . ]“ That’s the Sherman Anti Trust Act.

I wan unable to find any information that this act has been repealed. Will an XM-Sirius merger monopolize any part of trade or commerce? If so, it’s illegal.

A perfect storm is brewing. XM and Sirius merge, Clear Channel sucks up even more radio stations to be competitive. With only be two companies left serving radio, will this have an affect on advertising and play lists? Will it lead to further erosion of net radio?

You can see a timeline of the FCC filing history here.
Here’s the DOJ’s Antitrust page. No mention of this merger (yet).
My favorite article: Merger Enforcement Is Alive and Well at the Department of Justice

The Bottom Line: An XM-Sirius merger is a monopoly. If Clear Channel is allowed to expand, then there will be only two companies controlling almost all of the airwaves. Whatever happened to diversity?




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