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Need some thoughts on music?

From the original Analog Industries archive. Some links and images from that era no longer resolve.

Here’s some: blah, blah, blah.

Now, with the caveat that I happily purchase music from iTunes, and own the top-of-the-current-line iPod, and that their DRM scheme doesn’t really bother me, it’s worth noting that a finer line I’ve not seen in some time. This guy could sell sand to a Bedouin, I swear to christ.

As someone that sells music digitally (and software, for that matter) I’m of the firm opinion that is better to do without abusive DRM, and rely on the good graces of people and try to earn their respect, rather than assuming every single customer is a criminal from the word “go.” Apple paints a pretty picture over this whole process, and to be fair, the only way they could get the catalog they have (which is by no means comprehensive, I’ll add) was to do what they did, but nevertheless, my own personal fiscal success proves to me (and me alone; I don’t expect it to prove anything to anyone else) that there are other ways. Mr. Jobs does nicely to put this burden on the consumer at the end of his open letter.

Now, all that said, I’m not one of the BoingBoing faithful (In fact, I would dearly love to spend ten minutes alone in a room with Cory Doctorow, beating him over the head with the ASCAP charter) and I’m not going to run around waving an “Information Must Be Free” banner. I follow the Gibson ethos: the street finds its own uses for things. Ultimately, it’s up to the artist how he best wants to present his art to the world, and it’s up to the consumer whether he wants to deal with whatever the artist decides to burden said art with. The marketplace has a magical ability to smooth such things out over time.

16 comments

  1. mitchell

    I always find it amusing that everytime I do a cover band backing track (often) for a song, I go to Acqusition and steal it.

    I have no problem paying a buck for it on iTunes, but since Logic won't play an AAC file without first converting it to AIF (which it won't do with an iTunes DRM protected track), the only way to get it into Logic is to play it back in iTunes and record it in realtime through my audio interface. Stupid. So I download it for free and import the unprotected mp3.

    So... in my admittedly obscure circumstance, DRM actually motivates me NOT to pay for it.

  2. Twlo

    i dunnno, to me it's "sharing," turning someone on to something they may not hear otherwise. I spend way too much money on CDs, but I would never pay for some inferior download. I download a lot, and if it's worth buying, I buy it. That's how I find out about 90% of the new or unknown to me. It takes away some of the excitement when you get a new cd, but also a lot of the regret. Probably about 70% of the CDs i bought last year, I downloaded first. The other 30% were established artists that i knew it must be a good album. CDs sound bad enough, I won't pay for an MP3/AAC. Also, to me the object is part of the experience, the artwork, notes and all. Sorry, on my discs, I encourage people to share, that's how we find out about music, it was tapes now mp3. An MP3 is NOT a COPY of a CD! it's a sub-creature. Yet, folks trade full DVD movies -even larger file size, that is an exact copy(often)
    Sorry, I have about 4000 CDs and don't know where to put them, so if I can make sure it's worth buying first, I will.

  3. Taxidermy

    Well said. The current industry will eventually have to adapt to the way things have changed, or face replacement.

  4. phasor3000

    I wonder if back when Jobs was a rebellious young fellow dropping acid, he could've imagined that he'd be a rich old guy in a turtleneck spewing about "a truly interoperable music marketplace?"

    But let's face it, both the corporate crap-sellers and the /. "information wants to be free" crowd are usually just rationalizing like mad to hold onto what they think they deserve (ungodly profits and an unlimited supply of free stuff, respectively).

  5. bengo

    DRM stops me buying music.

    When Jobs says "only 3% of music on ipods is bought from itunes" that's because itunes music is crippled in ways i can't even be bothered to think about worrying about. It is not my full time job to understand their silly systems. I buy vinyl and CDs (in huge quantities), I pay for downloads when there is no DRM, and I download pirate copies of anything I want, if I want it in a hurry, if it is instantly obvious to me that it's DRM crippled.

    In some ways it's quite a good way of redistributing wealth and remuneration, since if I fancy listening to an old Pink Floyd tune I own somewhere on vinyl but am too lazy to find, I get it for free, but if I want to listen to some hip new groovesters with their own site selling mp3s, they get my dollar.

  6. Angstrom

    at first glance I was pleased to see that piece,
    I thought " how good that Jobs has come out boldly with a stance on this", even thought he attempts (once again) to put the burden of action on the consumer rather than take it himself.

    but then I remembered a recent headline
    "Record labels rethink digital rights management at Midem"
    http://www.iht.com/articles/2007/01/21/yourmoney/music.php?page=1
    where EMI , Virgin and others talk about rethinking DRM strategy.

    So, in the light of that (prior) announcement I wondered in what way is SJ leading the charge here, or is this just him trying to claim credit?

    the Majors which he mentions have recently stated they want to move away from DRM, so he suddenly comes out playing a flute and dancing about at the front of the parade. "look, look, it was my idea ... Apple is progressive and pro-active, wheee! "

    hmmm.

  7. Downpressor

    I'm of a mind with CR on this one and dont want to whip the dead horse any further, however I'd like to add that in my version of things, Doctorow gets beat with lead pipes, not the ASCAP charter, tho it would be a nice finishing touch to stuff that in his big mouth.

  8. cmicali

    +1 for Doctorow getting beaten violently.

  9. jt

    The reason that post was made was to pass the buck in advance of an upcoming digital music antitrust lawsuit: http://blogs.zdnet.com/BTL/?p=4285

    "Apple has engaged in tying and monopolizing behavior, placing unneeded and unjustifiable technological restrictions on its most popular products in an effort to restrict consumer choice and restrain what little remains of its competition in the digital music markets."

  10. Chris Randall

    I have a hard time finding it in my heart to feel even a little bit bad for either Apple or the Big Four, so there's that. I could really give two shits about how these companies come to their agreements, because it doesn't affect me in the slightest. Positron is not (and never will be) a member of the RIAA, and we sell our downloads without DRM. I listen to very little major label music at all, and almost no current major label shit, so I don't really care what they're up to.

    See my next post for some more fun...

    -CR

  11. RexRhino

    It doesn't matter... what Jobs says is true - No major record company will licence music without some sort of DRM. That much is a fact. All the speculation about Apple using DRM for "user lock in" is moot, when using DRM is the only way they will be allowed to do buisness.

    As for purchasing music online, I will only do it if it is DRM free. Even then, I only purchase music that is hard to find in Canada and that I don't want to pay the government import snake fee to have shipped. If I buy music, I want a physical object to go with it though, so I try to avoid purchasing music downloads.

    And as for Cory Doctrow and Boing Boing - When they started printing obvious urban myths as news stories (glass and addictive chemicals in chapstick? Please read snopes.com dude! We didn't believe that one back in 1982, let alone in the internet age.), I kind of lost respect for the site.

  12. lordkook

    "Now, all that said, I'm not one of the BoingBoing faithful (In fact, I would dearly love to spend ten minutes alone in a room with Cory Doctorow, beating him over the head with the ASCAP charter)..."

    A-fucking-men to that.

  13. Chris Randall

    I don't understand how he has a job, quite frankly. I have an immense respect for what EFF does, but I don't understand how they can expect to be taken seriously when their main spokesman has little to no understanding of copyright and what it is used for, especially as it relates to music.

    Since he is a published author (using that term liberally to mean "someone that puts words in a row and manages to sell the result") I'll give him the benefit of the doubt in regards to the written word, but he should just stay away from the music industry, because he literally and demonstrably makes things worse.

    -CR

  14. noisegeek

    I think the biggest problem is that everybody seems to be working toward this supposed utopia of a single all-inclusive licensing scheme. I think the goal itself is flawed. Just because we can get all sorts of content via the internet doesn't mean the rights for all those content types can or should be handled in the same way.

  15. Chris Randall

    I fully agree with you there. I've released all my music under a CC Sampling+ license since that license came in to existence (if you own a Positron album from the last few years, you'll note that in the legal lines on the back, it says "some rights reserved." This is my way of accepting the Internet for what it is, and at the same time retaining the rights I need to get paid from ASCAP and the licensing entities I work with.

    The distinction rests with this: to the vast majority of us, music is a means to express ourselves. To the Big Four, it is a way to give shareholders a dividend. I'm fine with a certain amount of piracy as long as I can pay my rent. I figure if someone cares about my shit enough to steal it, they'll either eventually come around to my side of things, or they're worthless and I would have never got their money any damned ways.

    -CR

  16. Downpressor

    CR

    as for as for Cory making things worse, you hit the nail on the head again. He is in fact the reason I never dontated to the EFF. 1) I dont want my yen in his pocket, 2) he is about the worst represtative I can think of short of Richard Stallman to persuade the powers that be. The CC is a nice innovation, its a step forward. Its a damn shame that morons like Cory seem to be its leading advocates.

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