It's Official RIAA To SUE P2P Users. Could It Be You?

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From The US record industry is planning to take legal action against hundreds of individuals who swap music over the internet. a>
Record giants 'will sue downloaders'

"Record companies believe song-swapping is costing them sales
The US record industry is planning to take legal action against hundreds of individuals who swap music over the internet.
The Recording Industry Association of America (RIAA) says it will gather evidence against users of "peer-to-peer" software such as Kazaa, and file lawsuits against them demanding $150,000 (£90,000) over the following weeks.

The software allows users to swap music, films, and other files over the internet.

The RIAA's members include AOL Time Warner, Vivendi Universal, Sony, Bertelsmann and EMI.

The organisation says it wants to track down the heaviest users of song-swapping services, and then sue them for thousands of dollars in damages.

Its president, Cary Sherman, said: "We're going to begin taking names and preparing lawsuits against peer-to-peer network users who are illegally making available a substantial number of music files to millions of other computer users."

The RIAA believes peer-to-peer services are to blame for a fall in CD sales, and until now record companies have planted dummy files masquerading as popular tracks to try to deter song-swappers.

Court ruling

A recent court ruling makes it easier to track down copyright violators through their internet providers, and last month four college students agreed to pay damages after being sued by the RIAA.

Mr Sherman said he expected lawsuits asking for damages of $150,000 for each copyright violation to be filed in six to eight weeks.

Computer users who wished to avoid legal action should change the settings on their software to block access to their hard drives, or uninstall the software completely, Mr Sherman said.

The RIAA eventually managed to close Napster, the first peer-to-peer service, and several of its successors after a long legal fight.

But it hit a snag last month when a judge ruled two other networks, Grokster and Morpheus, should not be shut down because they do not control what is traded on their systems.

Supporters of song-swap networks say they are an easy way for music fans to discover new artists - but record companies liken the practice to shoplifting.

Grokster president Wayne Russo said the RIAA had decided to "not only alienate their own customers, but force them into bankruptcy through litigation".

He added: "Therefore they probably won't be able to afford to buy any music even if they want to."

Looks like its for real, but will it put you off? will this spread to Europe too? Is P2P doomed?



Rambo, Wednesday, 25 June 2003 17:33 (twenty-two years ago)

close the whatever that needs to be closed, eh?

Horace Mann (Horace Mann), Wednesday, 25 June 2003 17:37 (twenty-two years ago)

oh it is closed.
this sucks.

Horace Mann (Horace Mann), Wednesday, 25 June 2003 17:38 (twenty-two years ago)

Soulseek has a centralized server. Sort of scary.

King Kobra (King Kobra), Wednesday, 25 June 2003 17:43 (twenty-two years ago)

an open letter to the RIAA and it's legal department...


P2P WILL *NEVER* DIE, YOU HOPELESS KKKORPORATE FUCKNUGGETS! SO SPEAKS CUSTOS! KNEEEEEL BEFORE MY AUGUST GLORY, YOU GUCCI-WEARING RECORD COMPANY LEGAL DEPARTMENT MAGGOTS!
(*Logs onto WinMX in another window.*)

FOOLISH MORTAL,
YOU DIDN'T BARGAIN ON THE POWER OF WinMX, DID YA? HUH!? HUH!? *HHHUNNH*!?
NOW I SHALL RECIEVE ALLLL OF ROBBIE WILLIAMS ESCAPOLOGY...NOT BECAUSE I WANT TO...BUT JUST BECAUSE I *CAN*
TRY AND STOP ME!

....


SEE YOU COULDN'T STOP ME! BWAAAAAHAHAHAHAHAHAHAHA!
INSIGNIFICANT INSECT!

(*Bitchslaps the RIAA*)
BEGONE!

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 17:46 (twenty-two years ago)

so, they're going to prosecute , oh, a couple of hundred thousand people on kazaa, another couple of hundred thousand on winmx - more if you take the extra networks into consideration, and then there's all the other p2p clients.

let's all look forward to the bankrupcy of the riaa.

frenchbloke (frenchbloke), Wednesday, 25 June 2003 17:52 (twenty-two years ago)

You know, if they poured their money into a decent P2P pay solution rather than the Luddite lawsuits...

Dan Perry (Dan Perry), Wednesday, 25 June 2003 17:56 (twenty-two years ago)

Shh, you're giving it away!

Ned Raggett (Ned), Wednesday, 25 June 2003 17:59 (twenty-two years ago)

I have to admit this scares the fuck out of me -- but you all know how given I am to panic and scare.

Let's see...that's $150,000 per copyright violation; they're going after the "heaviest" users and lots of people on S0ulS33k have well over 1,000 MP3s on their system, they say they're going to be prosecuting "thousands" of people. So, by a very modest esimate, they'll be seeking a total of about $150 billion in damages.

Part of me think this is probably a bit of a hard-assed rhetoric; they're going scare people first, see how much that curbs p2p usage, then sue the proper number of people accordingly. Probably not in the "thousands."

If it is going to be "thousands," I think it's definitely possible that one morning I'll wake up and notice a couple panicked threads where people say "OMIGOD I'VE JUST BEEN SUED FOR HALF A BILLION DOLLARS." Or (keep telling yourself this, Mike) maybe we're not the type of people they want to go after: we're reasonably articulate, usually adults, and have connections to the 'critical' side of the media. Or...fuck, who knows?

I seriously wonder if people will start firebombing record stores after people get sued.

Michael Daddino (epicharmus), Wednesday, 25 June 2003 18:35 (twenty-two years ago)

I *am* thinking right now: what if I *do* get sued? What the hell will I do?

Michael Daddino (epicharmus), Wednesday, 25 June 2003 18:37 (twenty-two years ago)

It's already happened.
$ college students were sued for a sum so huge that it the students had THAT much money, they could've just BOUGHT the RIAA with it.

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 18:40 (twenty-two years ago)

well, that was an interesting fruedian slip.
That should read "4 college students."

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 18:41 (twenty-two years ago)

No, those were sums around $15-$25,000 per person, if I remember correctly. And their crime wasn't downloading stuff but actually creating p2p programs or something to that effect.

C'mon people...talk me down from this.

Michael Daddino (epicharmus), Wednesday, 25 June 2003 18:42 (twenty-two years ago)

let's all look forward to the bankrupcy of the riaa.

maybe this is just their new business model.

your null fame (yournullfame), Wednesday, 25 June 2003 18:43 (twenty-two years ago)

Soulseek has a centralized server. Sort of scary.

Soulseek has a centralized *chat* server. Searches are distributed across clients since the server upgrade.

Xii (Xii), Wednesday, 25 June 2003 18:44 (twenty-two years ago)

(watch the ILM chatroom empty in a heartbeat)

Siegbran (eofor), Wednesday, 25 June 2003 18:46 (twenty-two years ago)

"The industry will not initially target those who do not allow others to copy their music collections, he said. Music fans who wish to avoid legal action should change the settings on their peer-to-peer software to block access to their hard drives, or uninstall the software completely, he said."

So I take this to mean that a) do what we say and nobody gets hurt (starting now, if you play nice, we won't sue) and b) we'll be prosecuting people who make their collections available to others, not to those who download from others. WTF?

Michael Daddino (epicharmus), Wednesday, 25 June 2003 18:47 (twenty-two years ago)

No, those were sums around $15-$25,000 per person, if I remember correctly. And their crime wasn't downloading stuff but actually creating p2p programs or something to that effect.
No, they sued the four students at MTU for HREF="http://www.freep.com/money/tech/newman5_20030405.htm">97.8 Billion dollars. Not kidding.

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 18:49 (twenty-two years ago)

Ah. Gotcha, Custos. RIAA sued them for a GAZILLION bucks but (according to Yahoo) they "agreed to pay between $12,000 and $17,500 each after the RIAA sued them for allegedly operating illegal song-swapping networks on campus."

Michael Daddino (epicharmus), Wednesday, 25 June 2003 18:55 (twenty-two years ago)

Yeah. When they found out how much money they had (between $12,000 and $17,500 each) they offered to settle for that amount. Fuckers.

You know, before downloading music was just about accessing music. Now it's like I'm making a political statement about what a bunch of cunts the RIAA is. I'll be downloading 2x as much now. Bring it.

Aaron W (Aaron W), Wednesday, 25 June 2003 19:01 (twenty-two years ago)

If they were ever to do that kinda shit to me, I'd tell the judge "I ain't payin' a red cent to those commie bastards. I'll take the jail time just outta spite!"

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 19:02 (twenty-two years ago)


b) we'll be prosecuting people who make their collections available to others, not to those who download from others. WTF?

it's easier to prove that you shared than that you downloaded because many folks have a lot of legal mp3s on their computer. i do. i have about 100 albums of stuff that was either freely given, i copied under fair use, or i bought via emusic. the riaa can't just take a copy of the contents of my hard drive and go "ah ha!" it's not that simple.

but if i fired up soulseek and shared those files, it's easy to prove that i'm assisting in copyright theft.

it's mainly an easier way to solidify proof.
m.

msp, Wednesday, 25 June 2003 19:10 (twenty-two years ago)

Will they be prosecuting people who only have, say, 5 files shared on their computers?

Dan Perry (Dan Perry), Wednesday, 25 June 2003 19:21 (twenty-two years ago)

What will happen is they will create a whole new legal procedure, the reverse-class action lawsuit, where instead of many people suing one defendant, its one plantif suing millions of people. The lawyers will argue some, then come to a settlement, and eventually one day you will find a bill for $5.00 in your mailbox.

fletrejet, Wednesday, 25 June 2003 19:29 (twenty-two years ago)

The artists speak out:

Richard Carpenter, legendary songwriter and producer said: “One of the many aspects of this issue that is so troubling, is the cavalier fashion in which so many approach it, as if it just isn't serious business. It is of course...It's theft, plain and simple; and we need to do all that we can to see that it stops!”

Missy Elliott, writer, producer, rapper, and singer: "Hip Hop has always been about the attainable dream - about running your own business, your own club, your own fanzine. Turning your back on the bootleggers helps us pave the way for the next generation of entrepreneurs. We do our best to bring you the latest, hottest beats, and we appreciate it when our fans show their love and respect by going in that record store and buying the finished product."

Eve, multi-Platinum Grammy award winning artist: “We work really hard. We love our fans and we appreciate the love, but don't steal from us, support us. Go in the stores and buy the records.”

Brooks & Dunn, multi-Platinum country music artists said, "We want the next Brooks & Dunn to have a chance. Piracy hurts that chance. There are a lot of really talented hardworking people making music. For them it's a job... If music gets stolen, it's hard for them to continue. So help us ensure the future of good music."

Shakira, Grammy-Winning Latin Pop Artist: "Making an album is a team effort, so when somebody pirates a record that not only affects the artist, but also the people who worked on it like co-producers, co-writers and musicians. Say no to piracy."

Mandy Moore, Platinum award winning artist: “While I admit that what I do for a living is a dream come true, it's still a job and how I make a living. Illegally downloading music is the same thing as asking an artist to truly work 100 percent for free. I spend a great deal of time and money on charities, but at the end of the day I would expect and hope to be compensated fairly for my work. It's not a lot to ask for.”

The Dixie Chicks, Grammy award winning and two-time Diamond award recipients said, "It may seem innocent enough, but every time you illegally download music a songwriter doesn't get paid. And, every time you swap that music with your friends a new artist doesn't get a chance. Respect the artists you love by not stealing their music. You're in control. Support music, don't steal it."

Peter Gabriel, Grammy award winning multi-Platinum artist: "In some ways we are the canary down the mine, the first battle ground, but behind us goes anyone who creates anything that can be turned into data whether its software, films pictures or music. Do people who create material have entitlement to get royalties? That's a bigger question for society. I would argue that you would get better range, better quality and better choice if you do pay the creator something. We live in the luxury of the in between world at the moment where some people pay for the records while others get it for free. It is the part of it that is the market stall, and at a certain point there will be less fruit on the stall if there's no money coming in.”

Sheryl Crow, Grammy award winning singer/songwriter: “Good music isn't easy to come by. Musicians spend their entire lives perfecting their craft and honing their skills. Unfortunately, everyone has to make a living. If musicians had to work ‘day jobs’ to support themselves and their families, they wouldn't have time or energy to be creative. Music fans cannot expect their favorite musicians to continue to produce quality albums if they are not willing to pay. People, including musicians, expect to be rewarded for a job well done. It's all about supply and demand. If there is not demand, there will eventually be no supply.”

Vanessa Carlton, singer/songwriter, “A Thousand Miles” and Platinum artist for “Be Not Nobody”: “I think it's great that there are even more avenues today to expose music and new artists. And I'm all for getting a taste of something before you buy it, but when it becomes more than a taste and people begin hoarding the entire work, it becomes piracy which results in a system in which artists are not being rewarded for their works. Works which they put everything they have into creating and then working their asses off to support and promote.”

Art Alexakis, lead singer of Everclear: "I think the fact that they are stealing recorded music is something that we have to stop. It's taking money out of my kid's mouth. That's the way I look at it. It's wrong. It's inherently wrong. It's stealing."

Mary J. Blige, multi-Platinum award winning artist: “If you create something and then someone takes it without your permission, that is stealing. It may sound harsh, but it is true.”

Musiq, Singer, multi-Platinum award winning artist, “AIJUSWANASEING” and “Juslisen”: "I think that people do need to be educated on the seriousness of music piracy because it cuts into hard working people’s money, especially the artists-people like me. So, it catches my attention. I don’t think that it’s cool, because if I’m putting in all of this work to see all of these returns and I don’t see the full capacity of my returns, because somebody is cutting in on it, we’ve got to do something about it. Right now you’ve got people thinking, 'What...I’m only just doing this, I’m only just doing that.' But, you’re only just doing this and this person is only just doing that, and it’s chipping away and it’s chipping away and chipping away. And, you don’t see it, but it’s a serious thing."

...and a lot more

dleone (dleone), Wednesday, 25 June 2003 19:41 (twenty-two years ago)

Do they even know who they will be suing beforehand, or do they just have an ip address and then do some legal manuvering to get the ISP to give up their identity?

I can see this creating even more of a backlash against the RIAA than anything. More than likely they will be suing a bunch of young college students (power users who trade the most files) for billions of dollars, and it will look like a bunch of corporate suits shaking down kids. It'll be a PR nightmare for them.

Dale the Merciless (cprek), Wednesday, 25 June 2003 19:49 (twenty-two years ago)

But of course the RIAA already is a PR nightmare.

Dale the Merciless (cprek), Wednesday, 25 June 2003 19:50 (twenty-two years ago)

It looks like we'll have to return to TDK C90's... was that 'stealing,' Mandy Moore, when I taped Dr. Demento in Jr. high and played it for my friends? And they made tapes of tapes of tapes?

Maybe if you all didn't make such suck-ass albums we might actually WANT to buy them, filler-mongers....

andy, Wednesday, 25 June 2003 19:51 (twenty-two years ago)

re: dleone's quotes...
Yes, but how many of those quotes continue on to say something like "...but P2P has added 25%-35% to my fanbase, and I'm sure if the price of CDs went from $18 to $8, I'd suddenly we swimming in a pool of $100 bills (thats is, only if my record company doesn't rip me off...)"

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 19:52 (twenty-two years ago)

We want the next Brooks & Dunn to have a chance.

I think the trick is making a record that's worth listening to, then. (Which according to some they've done anyway...)

Ned Raggett (Ned), Wednesday, 25 June 2003 19:56 (twenty-two years ago)

2003: mp3 p2p is Killing Music! The Artist can't make any money if people make their own CDs!
before that...
1986: home taping is Killing Music! The Artist can't make any money if people make their own Tapes!
before that...
1938: Radio is Killing Music! The Artist can't make any money if people just listen to the music for free!
before that...
1901: Sheet Music is Killing Music! The Artists can't make any money if people play the music on their home piano in their homes instead of going to concerts!

stop me when you see a pattern start to develop...

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 19:56 (twenty-two years ago)

We want the next Brooks & Dunn to have a chance.

We do?

Dan Perry (Dan Perry), Wednesday, 25 June 2003 19:57 (twenty-two years ago)

yeah, half of those arguments work on fallacious bases.

what about the used cd market?!? they tried suing there because people were being cut out of royalties... and lost. different, i know, but royalties and per person exposure is NOT how media is priced. they can pretend it is, but that's not really how it is.

and when i buy lord of the rings on dvd i can only have 3.45 friends over to watch one viewing.

m.

msp, Wednesday, 25 June 2003 19:58 (twenty-two years ago)

also, there was a small amount of bitching from the industry when vinyl records came out. "Oh, god! People everywhere will stop going to concerts or listening to the radio! They'll just sit and listen to records all day! Boo Hoo!"
(xpost)

Lord Custos Epsilon (Lord Custos Epsilon), Wednesday, 25 June 2003 19:59 (twenty-two years ago)

The artists speak out:

anybody want to take a whack at the number of gross oversimplifications and clever omissions made in these quotes? There's at least a handful, so far...

Kingfish (Kingfish), Wednesday, 25 June 2003 20:00 (twenty-two years ago)

Speaking as a music business major, fuck you RIAA, everyone point and laugh at the artists who speak out against file sharing for the fools they are.

Felcher (Felcher), Wednesday, 25 June 2003 20:02 (twenty-two years ago)


to me it's not so funny... it's tragic really. those people above have signed contracts and have this idea of what they need to do to pay their bills and unfortunately technology has changed EVERYTHING about how music is produced and distributed.

those that hang onto the old are basically holding onto their carriage stocks as model t fords race by.

you can still be in the business of moving people around, but you need to change and change quick.

but those above have contracts and are stuck in an old mode. they feel entitled and lobbies and big money will keep the law on the side of their entitlement until they snap out of it.

m.

msp, Wednesday, 25 June 2003 20:08 (twenty-two years ago)


somebody needs to show them how to make a living outside of the old way.
m.

msp, Wednesday, 25 June 2003 20:09 (twenty-two years ago)

2003: mp3 p2p is Killing Music! The Artist can't make any money if people make their own CDs!
before that...
1986: home taping is Killing Music! The Artist can't make any money if people make their own Tapes!
before that...
1938: Radio is Killing Music! The Artist can't make any money if people just listen to the music for free!
before that...
1901: Sheet Music is Killing Music! The Artists can't make any money if people play the music on their home piano in their homes instead of going to concerts!

You forgot:

1981: CDs Are Killing Music! The Artists can't make any money if people can make a perfect copy every time without wearing out the original!

Christine 'Green Leafy Dragon' Indigo (cindigo), Wednesday, 25 June 2003 20:10 (twenty-two years ago)

"m." is basically OTM.

Spencer Chow (spencermfi), Wednesday, 25 June 2003 20:11 (twenty-two years ago)

i really am playing the critic card if i get sued

given that it takes me 20 hours to get an album means i probably wont be on their list

jess (dubplatestyle), Wednesday, 25 June 2003 20:12 (twenty-two years ago)

I'll just turn in the rest of you when they come knocking on my door. "I know people who are stealing WAY WAY more than me! I can name names!!"

Aaron W (Aaron W), Wednesday, 25 June 2003 20:13 (twenty-two years ago)

I still buy lots of CD's, even though I've downloaded lots of stuff from the Internet. I'm pretty sure I'm not costing any record company one red cent. But I suppose I could still be sued.

My name is Kenny (My name is Kenny), Wednesday, 25 June 2003 20:14 (twenty-two years ago)

I wonder why they never think that all the money I spend on CDs is money I could have spent to feed my helpless children* **?

(*I have no children, helpless or otherwise.)
(**I reserve the right to adopt the exact same attitude as the above as soon as I am signed to a fat recording contract.)

dleone (dleone), Wednesday, 25 June 2003 20:16 (twenty-two years ago)

i really am playing the critic card if i get sued

ooo, that's a good one! I think I'll do a version of that: "Uh, yeah, I'm downloading this stuff to possibly select music for my next radio show."

And i blew another $42 on music today. Fuck 'em.

Kingfish (Kingfish), Wednesday, 25 June 2003 20:18 (twenty-two years ago)

Sheryl Crow: "If musicians had to work ‘day jobs’ to support themselves and their families, they wouldn't have time or energy to be creative."

Just imagine!

Sam J. (samjeff), Wednesday, 25 June 2003 20:22 (twenty-two years ago)

After reading those "superstars" complain, it would be interesting to hear from much lower-level musicians who have small but dedicated fanbases; are able to support themselves by selling albums and/or touring; and don't have (or need) major label contracts. Do they even care?

What does someone like Fred Frith think about downloading? Or the "Dead"? Or, uh, Momus?

Sam J. (samjeff), Wednesday, 25 June 2003 20:28 (twenty-two years ago)

To rephrase: there are tons of examples out there of successful independent artists who don't need major label contracts. The nervousness in the voices of the RIAA's finest is really funny: "We work really hard for you guys! Supply and demand! Please don't let us lose our major-label contracts! I own three houses! Whaddya want me to do, get a 'day job'?!"

Sam J. (samjeff), Wednesday, 25 June 2003 20:33 (twenty-two years ago)

It's practically a miracle when any band makes money off its LPs, because recorded music is the advertisement, and the concert is the product. Labels are to musicians as Ogilvy is to IBM. And P2P is simply a better radio station on which to run those ads, as it always plays your requests.

Chris Clark (Chris Clark), Wednesday, 25 June 2003 20:39 (twenty-two years ago)

>What does someone like Fred Frith think about downloading? Or the "Dead"? Or, uh, Momus?

Well, it seems to have salvaged Janis Ian's career (or maybe just speaking out in favor of it anyway):

http://www.janisian.com/article-internet_debacle.html

Chris Clark (Chris Clark), Wednesday, 25 June 2003 21:16 (twenty-two years ago)

1. Anyone who signs to a major label and gets screwed over in this day and age is a complete idiot what with the transparency of what happens when one signs to a major label. The mechanics of major labels has been pretty much out in the open the last few decades. Plus, using TLC as an example is pretty lame -- I'm sure they probably spent a lot of money too, digging their own hole.

2. The price of a CD is more than just the cost of manufacturing. It's the cost of recording, promotion, art work, printing, etc. Besides, it's an artist right to profit from their work -- none of which is an excuse to rip them off.

3. As for much of the stuff not being in local record stores, have you ever heard of mailorder or the internet? Or reading magazines or on-line websites to find out about stuff?

jack cole (jackcole), Thursday, 26 June 2003 16:07 (twenty-two years ago)

the thing is an album can often take as many people and as many time to create as a major computer games. yet computer games retail for 3-4 times more than albums do, despite the fact that you may end up listening to that album or using it in some way more than you end up playing/using the computer game. also, imagine buying an album and finding you were only allowed to listen to it 3 times...equivalent to what you pay to see a film in the cinema. basically my point is the people complaining about the file-sharing revolution because it upsets the status quo seem oblivious to how equally unfair/imbalanced/downright strange the status quo itself is.

stevem (blueski), Thursday, 26 June 2003 16:11 (twenty-two years ago)

everyone in the music industry knows that in a major label situation, artists don't make shit from CD sales. they make their money from merchandising and touring, and a get a smaller fraction via publishing royalties. artists only really ever make money from CD sales if they're on a trustworthy indie label. if they're on an indie label in the first place, theyre not getting anywhere near the promotion that they usually deserve. the best way to get a fan base who will buy your merchandise and go to your shows is by having your music freely available online. god knows if it weren't for napster, the most obscure thing id be listening to right now would probably be someone like spiritualized. thanks to napster, ive been able to listen to a shitload more music, and now i actually have the drive to pay for the tickets to go see damo suzuki or circulatory sytem.
As for the fuckers at the RIAA, once they think they've taken care of the "file sharing dilemma," they're going to release DVD audio to try and make CD's obsolete. they're not doing this so people can listen to better quality music and artists like Autechre and squarepusher can have a field day with mixing in 5.1 surround sound. they're doing this so they can charge everyone 20 dollars a pop and force people to buy their entire back catalogs again, because that CD version of Sgt. Pepper just aint cutting it anymore.
If you ever get the chance, just stop by any major music business conference (MEIEA, MEISA, Future of Music Symposium). whatever the forum is about, just about whoever you get as a panel speaker will make it clear that the #1 problem in the music industry right now is RIAA. so i say fuck those greedy pigs. they're all run by French Utilities companies and ex-Nabisco CEO's anyway, what do they care about music?

Felcher (Felcher), Thursday, 26 June 2003 16:27 (twenty-two years ago)

additionally, i think Duran Duran should release a hip hop song entitled "Fuck tha RIAA" modeled after fuck tha police.

Felcher (Felcher), Thursday, 26 June 2003 16:35 (twenty-two years ago)

Plus, using TLC as an example is pretty lame -- I'm sure they probably spent a lot of money too, digging their own hole.

Bullshit. All of the money spent on their videos and promotion was taken from their portion of the cut, not the record label's. They never actually had enough money to spend all of it. (I believe the final figure was that after all of the expenses were taken out of they're cut they ended up with something like $35K apiece for _CrazySexyCool_.)

Dan Perry (Dan Perry), Thursday, 26 June 2003 16:43 (twenty-two years ago)

LL Cool J had a great quote 5-6 years ago about how stupid all the hip-hop artists were with their expensive cars when he drove a Toyota... cuz he knew the money never lasts.

Aaron W (Aaron W), Thursday, 26 June 2003 17:11 (twenty-two years ago)

so thats why he started doing movies, not as if he had anything remotely valuable to offer as an actor, other than his status as a puller of 'dumb' crowds (do people really go to see a film cos a rapper they like is in it, 8 Mile perhaps excepted?). you may interpret 'dumb' as meaning anyone who goes to see a film because of who's in it rather than what the film is actually like, which seems a little strange to me.

stevem (blueski), Thursday, 26 June 2003 17:32 (twenty-two years ago)

Musicians start doing movies because once they realize they can make about three times as much money in about 1/4 of the time.

Dan Perry (Dan Perry), Thursday, 26 June 2003 17:50 (twenty-two years ago)

but rarely do they impress as well in those movies as they do/have done on record. don't blame them for wanting to do it at all though.

stevem (blueski), Thursday, 26 June 2003 17:53 (twenty-two years ago)

i don't care either way but i am still utterly utterly mystified by the constant repetition of the 'there's only 1 good track on the CD!' thing! Has a CD like that ever been released ever? (Well ones with more than about 3 or 4 tracks I mean) Am I the only person who thinks that if you buy a CD and you only like the 'hit' you must be a really boring person?

dave q, Thursday, 26 June 2003 18:00 (twenty-two years ago)

yes

James Blount (James Blount), Thursday, 26 June 2003 18:01 (twenty-two years ago)

If record companies started charging $10 for everything, with new releases and sale items on for $7-$9, they would sell a lot more.

They already do, $10 is the typical wholesale price (ex VAT of course). They used (= three years ago) to make about $1 clean profit on that on average. Not anymore, though...

If they'd want to get retail prices at $10, that'd mean $5 wholesale, and with variable costs (including artist royalties & distribution) at around $5 a disc that means they'd have to manage to find recording and promotion for free, and become a non-profit organisation at the same time. That's not going to happen. It has become almost impossible to make money on CDs alone - THAT'S why the RIAA is so desparate: their business is unsustainable and there's no working alternative model yet. iTunes might be one, though.

Siegbran (eofor), Thursday, 26 June 2003 18:05 (twenty-two years ago)

"Um...more than that. The average cost to fab a CD is between 16 and 32 cents..."

Well, yes and no. There may be a nominal cost to actually producing a CD, but the cost of goods sold for releasing a cd is obviously much higher. Studio time, producer's fees, mastering, artwork, packaging, marketing, distributor's fees, returns - all these add up, so it's a little unfair to say a CD cost .32 to make.

This is why even a band like The Strokes haven't 'made it' yet - they may have recouped, but the sales numbers don't add up to success, other than the vanity of having them on the label.

(Yes, I work at a label, and every MP3 you download is one less CornNut in my empty, quivering belly.)

andy, Thursday, 26 June 2003 20:52 (twenty-two years ago)

>THAT'S why the RIAA is so desparate: their business is unsustainable and there's no working alternative model yet.

To be followed shortly by DVDs, television, publishing and any artform that can be digitized AND enjoyed in the home. Concerts, plays, movies in theatres and art galleries will continue to be sustainable businesses, as they offer unique entertainment experiences that don't run on Windows.

Speaking of which, open-source software has presented an alternative business model for "free" digital content. Lots of big companies like IBM "sell" Linux. So maybe Apple's strategy is to offer iTunes as break-even or even loss-leader baitware to move more Macs and iPods.

The huge problem is, the people running the entertainment conglomerates only know the way things used to work...as New York media columnist Michael Wolff put it, "In a situation of such vast uncertainty, with the breakdown of all prior business and cultural assumptions, you don't necessarily want to have to depend upon, say, Tommy Mottola to create a new paradigm."

http://www.newyorkmetro.com/nymetro/news/media/columns/medialife/6099/

also worth a read:

http://www.newyorkmetro.com/nymetro/news/media/columns/medialife/n_8384/index.html

Chris Clark (Chris Clark), Thursday, 26 June 2003 21:00 (twenty-two years ago)

Yes, I work at a label, and every MP3 you download is one less CornNut in my empty, quivering belly

Every time someone from the music industry nags someone that they're doing something wrong, it only increases the "wrongdoing" ten fold.

Totally being flippant there, Andy. But you have to admit, the RIAA taking the "War on Drugs" approach here is pretty much fucking EVERY record label along the way... do you not agree? If not, doesn't this fucking piss you off, working for a label that could care less about associating themselves with the Principal Skinner of music associations?

donut bitch (donut), Thursday, 26 June 2003 21:08 (twenty-two years ago)

RIAA = Mr Burns

stevem (blueski), Thursday, 26 June 2003 21:16 (twenty-two years ago)

only not as endearing

stevem (blueski), Thursday, 26 June 2003 21:16 (twenty-two years ago)

You're right. Lars Ulrich = Principal Skinner.

donut bitch (donut), Thursday, 26 June 2003 21:18 (twenty-two years ago)

ah, lars. he's the drummer isn't he?

figures.

frenchbloke (frenchbloke), Thursday, 26 June 2003 21:30 (twenty-two years ago)

I still buy cds. In fact, I still buy at least twice as many cds as the average consumer (y'know, the soccer mom who picks up the new Leanne Rimes disc and then next week goes back to Wal*Mart and buys a Clint Black album). However, 90% of my purchases are either used or promotional copies...neither of which make a profit for the artist or label. The only beneficiary with this sort of shopping is local store owner, and I'm comfortable giving that guy my cash. When I download an album or song, I usually make a snap judgment on whether or not to hold onto those files for later. I delete plenty of things after only listening to them once. Most of the things I decide to hold onto are either albums I plan to buy at some point in the future (assuming I can find a used or promo copy), or albums I already owned at one point, but either lost or sold.

Well, that was a lot of gibberish. In short, my downloading files doesn't hurt any artist or label, because I was never directly giving them money in the first place.

Andrew Frye (paul cox), Thursday, 26 June 2003 21:53 (twenty-two years ago)

ha - Chuck Eddy's the average consumer!

James Blount (James Blount), Thursday, 26 June 2003 22:03 (twenty-two years ago)


people who want p2p and want to see artists get comp'ed should check out:

http://www.eff.org/share/

several alterative solutions to getting artists paid are presented there.

the more of us that get involved, the better chance we have that everyone can win in this. (at least to a degree.)

m.

msp, Thursday, 26 June 2003 22:51 (twenty-two years ago)

P(LUR)2P(LUR)

Rockist Scientist, Thursday, 26 June 2003 23:11 (twenty-two years ago)

Is the RIAA getting any resistance in their war on mp3s from the powerful CD burner industry?

My name is Kenny (My name is Kenny), Thursday, 26 June 2003 23:56 (twenty-two years ago)

Haha, I think the "War on Mp3s" is the best thing for the CD Burner industry, don'cha think? ("dood, got some pure grade 'luminum, bro")

donut bitch (donut), Friday, 27 June 2003 00:00 (twenty-two years ago)

p2ps take the risk out of buying a new album. the days of buying an an entire album based on a one or two song evaluation... are over.

this is like me buying a dvd based on a preview. fuck that.

faggotry (faggotry), Friday, 27 June 2003 04:47 (twenty-two years ago)

it doesn't help when the record industry doesn't release the tracks in radio circulation, or promo until anything up to a year after.

prime examples are fi$cher$pooner and electric 6 (or wildbunch if you are of a certain age *)

i remember downloading emerge from napster and wondering what the fuss was about. why did ministry of sound almost go bust after signing a band who's album had already been released. did anyone buy theeir album on ministry of sound? or did they get it first time round, which poresumable all the people who liked the band did.

now, electric 6's danger high vooltage (no spelling mistake there*) has been around for bloody ages. radio played the damn thing for an eternity before it was released. in their defence, that strategy worked due to their rather high chart position. in saying that, if i ever hear it again, it'll be too son.

frenchbloke (frenchbloke), Friday, 27 June 2003 08:24 (twenty-two years ago)

What's equally crazy lately is releasing anticipated albums overseas before making them available stateside: Dandy Warhols, Bangles, Steve Wynn, to name three recent ones. This forces twoo believers into download mode to get their fix instead of contributing to those all-important week-one sales.

Chris Clark (Chris Clark), Friday, 27 June 2003 08:31 (twenty-two years ago)

people shouldnt get so hung-up on week-one sales. the world would be a better place. like it was 15 years ago when stuff used to climb the charts all the time. and i was a kid.

stevem (blueski), Friday, 27 June 2003 09:43 (twenty-two years ago)

Is anybody else aware that the year Napster was at its zenith was also the best year in recent memory for sales of new & independent artists? Coincidence? I think not. Music download sites are an EXCELLENT loss-leader. The RIAA claims to be undertaking this to benefit the artists. What they may be doing is to protect the cash cows from competition from new artists, most of whom will see nary a penny form this suit, and may have their careers jeopardized.

Also, could the music consumers, joining forces with artists who have lost sales due to price-gouging, get a counter-suit together? I think it might be appropriate given that it takes very little money to manufacture a CD.

John Bullabaugh (John Bullabaugh), Friday, 27 June 2003 16:49 (twenty-two years ago)

Lots of big companies like IBM "sell" Linux.

When was the last time you needed tech support to listen to music, or required professional service to integrate a CD into your collection?

Siegbran (eofor), Friday, 27 June 2003 17:23 (twenty-two years ago)

This is all so incredibly stupid.


The cycle is going to just repeat itself over and over:
-Record companies make shitty music
-People don't feel like buying
-Record companies get whiney

Pay P2P will not work. Free P2P will not be stopped. And as long as good music is made, good music will be bought.

David Allen, Friday, 27 June 2003 17:26 (twenty-two years ago)

But David, record companies have been releasing good and shitty music since the invention of music media. This tells me nothing.

donut bitch (donut), Friday, 27 June 2003 17:51 (twenty-two years ago)

Yeah David, by your argument no one would even be downloading music because it's all so awful and unberable.

Dan Perry (Dan Perry), Friday, 27 June 2003 18:11 (twenty-two years ago)

>When was the last time you needed tech support to listen to music, or required professional service to integrate a CD into your collection?

Erm, if I had a nickel for every time I've tweaked someone's Kazaa install...but what I meant was, you can value-add all kinds of goodies to the core product (outtakes, first dibs on concert tickets, live shows, etc.) to justify the customer's investment.

Then again, J.K. Rowling just sold several million copies of an overwrought fairy tale told the 5th time over, borrowing liberally from Star Wars, Dungeons & Dragons, Tolkein and Encyclopedia Brown. In hardcover. At bookstores. For full list.

Chris Clark (Chris Clark), Friday, 27 June 2003 19:40 (twenty-two years ago)

haha - "she's ripping off other people's ripoffs!"

James Blount (James Blount), Friday, 27 June 2003 19:50 (twenty-two years ago)

Neil Gaiman and his "Books of Magic" mini-series to Thread.

Lord Custos Epsilon (Lord Custos Epsilon), Friday, 27 June 2003 19:52 (twenty-two years ago)

Oh...here's some details about Books of Magic.

Lord Custos Epsilon (Lord Custos Epsilon), Friday, 27 June 2003 20:13 (twenty-two years ago)

Well, my question is, what are people downloading? I don't know if there's any way to know, but I'd wager that it isn't the same song that's been played on MTV 400 times.

David Allen, Friday, 27 June 2003 22:46 (twenty-two years ago)

I would almost guarantee you that the RIAA moles will first go after those parties sharing the big name artists' files exclusively. Hide your Aguilera, Eminem, and Timberlake files, people! The RIAA wouldn't even know if sharing Sunburned Hand of the Man was illegal or not. To them, artists outside the mainstream are of little consequence. The only copyrights they intend to reclaim are those that keep their pockets the fattest.

Andrew Frye (paul cox), Friday, 27 June 2003 23:42 (twenty-two years ago)

everyone of my friends heard Hail to the Theif when it was leaked and EVERY ONE still went out and bought it.

chaki (chaki), Friday, 27 June 2003 23:50 (twenty-two years ago)

Well, my question is, what are people downloading? I don't know if there's any way to know, but I'd wager that it isn't the same song that's been played on MTV 400 times.

That's ridiculously wrong.

- Download any P2P software.
- Enter "Godspeed You Black Emperor!"
- Enter the number one song on the top 40 right now (this week: "Miss Independent" by Kelly Clarkson).

Which do you think is going be on more people's computers?

Dan Perry (Dan Perry), Saturday, 28 June 2003 02:30 (twenty-two years ago)

"she's ripping off other people's ripoffs!"
Oh, jeez...its worse than you thought.
For here is someone ripping off from what JK Rowling ripped off of.

Lord Custos Epsilon (Lord Custos Epsilon), Sunday, 29 June 2003 03:36 (twenty-two years ago)

Also, could the music consumers, joining forces with artists who have lost sales due to price-gouging, get a counter-suit together?

hahahahahahaNO

felicity (felicity), Monday, 30 June 2003 04:03 (twenty-two years ago)

" Download any P2P software.
- Enter "Godspeed You Black Emperor!"
- Enter the number one song on the top 40 right now (this week: "Miss Independent" by Kelly Clarkson).

Which do you think is going be on more people's computers? "

er, this would be entirely dependant on where you looked.

and strangley enough, no mention of irc channels and newsgroups - where else do you find the advance copies first online?

(but I didn't tell you that)

frenchbloke (frenchbloke), Monday, 30 June 2003 07:40 (twenty-two years ago)

er, this would be entirely dependant on where you looked.

Well yes, if you confined your search to a GYBE! room on Soulseek, I could see the top 40 song losing out.

Dan Perry (Dan Perry), Monday, 30 June 2003 12:31 (twenty-two years ago)

what pisses me off - people with super-phat bandwidth but all they got is Eminem, Linkin Park, Dave Matthews Band, Tupac and other stuff you dont even need to download/encode because its already everywhere

stevem (blueski), Monday, 30 June 2003 12:41 (twenty-two years ago)

oh, and before they realise their mistake and close it, the news.virgin.net news-server is open to non virgin.net account holders.

frenchbloke (frenchbloke), Monday, 30 June 2003 13:07 (twenty-two years ago)

the thing I rarely see discussed is the new phenomenon of major record store chains adopting the practice of buying and selling used CDs. I know Newbury Comics, which is one of the biggest retail chains in New England, does gangbusters with retardedly overpriced used CDs (if its a new release that they know is popular, it can be up to $13), and more stores that would normally never deal with used stuff are embracing it. If its a nationwide trend as much as it is one here in the Boston area, then couldn't that be contributing to a decline in SoundScan?

I dunno, by the RIAA's logic, they should sue all the used CD stores, and ebay, and anywhere you can buy music where the money doesn't go directly to the artist... I mean, the label...

tinobeat (tinobeat), Monday, 30 June 2003 13:33 (twenty-two years ago)

i still think we should try the riaa's twisted logic and get them to sue metallica , after all more p2p clients appeared after they got involved with napster. a bit of a longshot, but the luddite so-and-so's deserve it.

saw a hilarious metallica video on tv this morning , lars the drummer, sporting a fine mullet, the track, needless to say, was cack.

frenchbloke (frenchbloke), Monday, 30 June 2003 14:17 (twenty-two years ago)


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