Tag Archive for 'Digital Rights Management'

Yahoo! Toys with Selling MP3s

Yahoo!, who owns and operates Yahoo! Music – a digital distribution store built with Microsofts ‘Plays For Sure’ DRM technology, is toying with the idea of selling unprotected, DRM-Free MP3s. In a recent survey, they asked participants the following question:

“Would you consider paying $1.09 for a single, unrestricted MP3 download that would have absolutely no limitations on its use and could be transferred to any portable audio player or computer?”

Don’t get hung up on the price. To me that’s irrelevant. The fact that not only a major content distributor would consider MP3, but is willing to face down Apple and the Big 4 Labels is a major step forward. Though you could liken it to DRM poisoning the water supply and suppliers are now going to sell ‘clean’ water on the side, I consider this to be a bold move on their part, and since Polyvibe Records distributes music with them as part of a larger digital distribution deal, I am awaiting their next announcement concerning this with much anxiousness.

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Frequently Awkward Questions for the Entertainment Industry

Music

  1. The RIAA has sued more than 20,000 music fans for file sharing, yet file sharing continues to rapidly increase both online and offline.? When will you stop suing music fans?
  2. The RIAA has sued over 20,000 music fans for file sharing, who have on average paid a $3,750 settlement.? That’s over $75,000,000.? Has any money collected from your lawsuits gone to pay actual artists? Where’s all that money going?
  3. The RIAA has sued over 20,000 music fans for file sharing.? Recently, an RIAA representative reportedly suggested that “students drop out of college or go to community college in order to be able to afford [P2P lawsuit] settlements.” Do you stand by this advice? Is this really good advice for our children’s futures?
  4. The RIAA said that it only went after individual file sharers because you couldn’t go after P2P system creators. After the Supreme Court’s Grokster decision, shouldn’t you stop going after music fans?
  5. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies?
  6. DRM has clearly failed to stop songs from getting on file sharing networks, but it does prevent me from moving lawfully purchased music onto my iPod and other portable devices.? Unlike the major record labels, many popular indie labels offer mp3 downloads through sites like eMusic.? Why won’t you let fans purchase mp3s as well?
  7. The RIAA says that it doesn’t mind if I rip CDs to my personal computer and put them on my iPod.? Do I need your permission to do this or can I legally do it even if you object?
  8. Recording off the radio is clearly permitted by copyright law and something Americans have done for over 25 years, but the RIAA supports legislation restricting devices that record from digital radio. Why are you against TiVo for radio?
  9. Sony BMG recently implemented a DRM technology that damaged users’ computers.? But for independent researchers’ analyses, this serious flaw may have gone undiscovered. After this scandal, will record labels allow any computer scientist or security expert to examine these products and agree not to sue them under the DMCA?

Video

  1. The major movie studios have been enjoying some of their most profitable years in history over the past five years. Can you cite to any specific studies that prove noncommercial file sharing among fans, as opposed to commercial DVD piracy, has hurt the studios’ bottom line in any significant way?
  2. Is it legal for me to bypass CSS DVD encryption in order to skip the “unskippable” previews at the beginning of so many DVDs? Why should I have to be forced to watch these ads when I already bought the DVD?
  3. Is it legal for me to skip the commercials when I play back time-shifted TV recordings on my TiVo or other PVR? How is this different than getting up and going to the bathroom?
  4. Why are there region-code restrictions on DVDs? How does this prevent copyright infringement? Is it illegal for me to buy or and use a region-free DVD player, or to modify a DVD player to be region-free?
  5. In several lawsuits, the MPAA has repeatedly said that it’s illegal to make a back-up of a DVD that I purchased.? Why is this illegal?
  6. Is it ever legal for me to use software like DVD Shrink or Handbrake to rip a digital copy of a DVD I own onto a video iPod or my laptop? What if I want clips to use for a class report? Or if a teacher wants to include a clip in a PowerPoint slide?
  7. Is there anything illegal about copying TV shows I’ve recorded off the air onto my video iPod?
  8. If the MPAA-backed “broadcast flag” bill passes, I won’t be able to move recorded TV content digitally to my current video iPod.? Why should TV studios get to take away my ability to lawfully time- and space-shift?
  9. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies?
  10. Hollywood is pushing legislation to “plug the analog hole.” These restrictions won’t keep copyrighted video off of file sharing networks, but they will block me from excerpting a recorded TV show for a school report or using tools like the Slingbox to send recorded TV shows to myself over the Internet.? Why are you trying to restrict these legitimae uses?

Questions posed by the Electronic Frontier Foundation. Reprinted with permission. Spotted on Boing Boing and Digg.

Freedom Rings… Call the RIAA.

Defective By Design, whom I introduced in an earlier post, has a new campaign. Call the RIAA and tell them what you think of them, DRM, and why they just need to cut it out. Below is the list pulled from the DBD site. If you make the calls, join the site, and report back the results.

Name Organization Country Phone Number
Brad Buckles RIAA USA (202) 857-9607
Mitch Bainwol RIAA USA (202) 857-9651
Cary Sherman RIAA USA (202) 857-9632
Mitch Glazier RIAA USA (202) 857-9673
Neil Turkowitz RIAA USA (202) 857-9647
Steve Redmond BPI UK +44 (0)20 7803 1324
Peter Jamieson BPI UK +44 (0) 20 7803 1311
Matt Phillips BPI UK 44 (0) 77 3951 4963
Michael Haentjes IFPI Germany +49 (30) 59 00 38-0
Peter Zombik IFPI Germany +49 (30) 59 00 38-0
Jean never Foitzik IFPI Germany +49 (30) 59 00 38-23
Herve Rony SNEP France +33 (1) 44 13 66 66
Graham Henderson CRIA Canada 1 (416) 967-7272 ext. 102

Price Points vs. Perceived Value

One of the hot topics of conversation in digital music is price points. It’s such a grand term, and it makes you think big things. Of course, it’s really just two memes strung together: the idea of price, and the idea of points. Neither of which is really the issue at hand in the music business. Labels should be more concerned with the perceived monetary value of music if they don’t want to go bankrupt by the end of the decade.

Any conversation about digital media (also known as content) seems to focus on what to charge people, and how to control the services presented by content providers (including a desire by the major labels to continue to control the cost of music as if they were selling fuel).

The more artistically inclined probably find terms like content and product to be a horrible way to describe art and expression. This conflict in perception drives the heart of the digital music revolution, and the birth of post capitalism for artists.

How can you put a price on art? Apparently, it’s pretty easy to put a price on anything. In a true free market economy, the artists that evoke the greatest response and move the most people would always be the most successful. Mostly because people want to support things they believe in, make them feel good, and are fun. And all you have to do is look at the last one hundred years of recorded music to see how free this market has been.

My understand of ‘point’ in the fiscal sense is that points are percentages. Like when a major label gives you 6 points per track, and then you find out it’s 6 cents. On your own album. The obfuscation of literal meaning through fancy words has been a powerful ally in the way people have been exploited for a long time (-). We should call it the price of music instead. We talk that way about water, radio waves, and the written word, so why not music? Or we could talk about price points for oil, but then we’d all be spending too much time wondering where all that money is going. The true invisible hand of economics is the one that tries to turn our head away from the important issues, and focus on the ones the ‘majors’ want us to see.

Perceived value is the cornerstone of the future music as a revenue stream for artists. The idea that something is only worth what we are willing to give up for it. It doesn’t really matter if it’s time or money; the important thing is that it’s worth it to us. Myspace didn’t get bought by NewsCorp because it was a novel idea, but because the platform of Myspace was perceived as valuable. That’s the same reason the MPAA and the RIAA had Pirate Bay taken down (with the help of the US State Department).

It’s sort of a testament to the power of free press that the issue of the monetary value of music is driven by what people are paying for it, and not what people are making from it. It’s almost enough to make you think the average ‘music consumer’ sees the choice between music as no different than buying brand name or generic cola at the store.

Then again, maybe if it didn’t cost a dollar for a DRM encoded piece of music that only played on one platform, and the only format that has no signal loss is not catching on (http://flac.sourceforge.net/), maybe the price shouldn’t be so high.

If the price of a digital album, with no tangible product (and sometimes incomplete art) was lower, and if the artists were getting a fair share of the price, then maybe people would get the point and buy more music.

Then everyone would be happy, because no one would have to absorb the cost of breakage on physical albums (a cost usually relegated to the artists by major labels, sometimes even on digital releases).

The real price point questions should be things like: How many points does the artist get on the price?

Isn’t the point of having all of this fantastic musical technology to bring down the price of creating and releasing an album?

If the music is good, won’t people get the point, and pay a fair price for it?

Since people are paying no price but time and effort to find good music for free, shouldn’t the record industry stop trying to dictate people’s tastes and get the point that people want what they want?

And, most importantly: When will corporate multinational conglomerates get the point that music is the soundtrack of our lives, and that it’s priceless?

New EFF Public Service Cartoon


The above cartoon was made by the Electronic Frontier Foundation, a non-profit, ACLU-for-the-internet organization. It’s a characterization of Big Entertainment as Super Villains, fighting fair use and crippling gadgets in a single bound. It’s sad because it’s true.
originally published on xnlb.com




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