EU Copyright Holders Cling To Old Levies, As New Ones Start To Appear On Cloud Storage

Levies on blank storage media are a relic of older times when copying was a new possibility for copyright works. You no longer needed an LP pressing plant, say, you could copy music in the comfort of your own home, first on analog cassette tapes, then later on digital media like CDs and MP3 players. At that time, it was easy to see each of those copies as somehow replacing purchases, and so the argument for levies was born: people should pay indirectly for the "lost" sales their copying caused. 

On Techdirt.

What a Wonderful Piece of Work is Opus

When we talk of free software, we typically think of things like GNU/Linux, Apache or Firefox. But one aspect that often gets overlooked is that of multimedia codecs. There's a good reason for this: most of them are patent-encumbered, which makes using them with free software hard - well, hard if you want to do it legally. In practice, most people have employed implementations of dubious legality, and the licensors have taken the sensible view that they are hardly losing millions from this kind of activity, and have turned a blind eye.

On Open Enterprise blog.

File Sharing Without The Internet: The Saharan Bluetooth Experience

A couple of months ago, Techdirt wrote about an EU politician's plan to build Internet surveillance into every operating system. As we pointed out then, this could easily be circumvented by using non-Net means for swapping files. It may not be driven by fears about spying, but it seems that communities in Western Africa are using Bluetooth connections between mobile phones to do exactly that: 

On Techdirt.

Things Fall Apart; the Centre Cannot Hold

One of the many fascinating aspects of the Wikileaks #cablegate saga is that, unusually, computer technology plays a central rather than peripheral role in all this. And not just any old computer technology, but specifically aspects that are key to the open source world.

On Open Enterprise blog.

Personal Luggage *Will* be Subject to ACTA

One of the fairy tales being told about the oppressive ACTA is that it's only going to apply to large-scale criminal offenders, and that the Little People like you and me don't need to worry our pretty heads. But that's a lie, as this fascinating blog post has discovered:

It was very interesting to talk to Mr. Velasco. He said the negotiations could be understood, in a very very simplified way, as you basically could get cheap cars in exchange for IPR enforecement laws.

Interestingly enough, his materials published on the interenet also provided some kind of explanation to why people are afraid of having their iPods searched. Under "What is new" in a presentation about Enforcement of IPR Mr. Velasco says:

[it] "No longer excludes from the scope of the regulation counterfeit or pirated goods in a traveler's personal baggage where such goods are suspected to be part of a larger-scale traffic."

But don't put any great hopes in that fig-leaf "where such goods are suspected to be part of a larger-scale traffic": you can bet that once customs officials have the power to search through your laptop or MP3 player, they damn well will.

After all, potentially a *single* unauthorised copy can be used to spawn thousands of copies that would certainly constitute "larger-scale traffic"; so surely that means that all it takes is for a sufficiently suspicious customs official to "suspect" that single copies on an MP3 player might be part of larger-scale traffic - and then Robert is your father's Brother.

Make no mistake: if ACTA is agreed in its current form, it will impact every one of us directly - and direly.

Follow me @glynmoody on Twitter or identi.ca.

Be Afraid, Credit Card, Be Very Afraid

Amazon.co.uk has finally opened its DRM-free Mp3 store. Prices aren't that wonderful (yet), but the convenience is dangerously appealing.... (Via paidContent.)

Of Digital Abundance and Analogue Scarcity

Recently, I’ve started buying records. I’ve decided that CDs just aren’t enough of a collector’s item. Since I can own all the music I could ever want digitally, I want to buy something that looks nice, special, and something that’s going to be fun to browse through in a couple of years. Records are beautiful collector’s items, CDs don’t even come close; especially because records are almost always available in special limited editions with coloured vinyl, posters, extra sleeves and whatnot. I also prefer the warm, soothing sound of records compared to the sound you get from CDs and especially MP3s, which - contrary to what some may believe - do not have nearly the same sound quality as CDs or records.

This is one way for the music industry to make money: sell *records* again....

Appassionato about Passionato

By now, it's evident that the old model of music distribution is irredeemably broken. This has led to various attempts to offer download services, but most of them have been horribly half-hearted, with one or more fatal flaws (and that includes iTunes, whose use of DRM means that it just doesn't cut the mustard.)

Against that background, I can only wonder at Passionato, a new online service for the world of classical music - it's gets just about everything right:

Passionato's aim is to become the world's most comprehensive online classical resource and offer classical music lovers the largest available collection of high-quality DRM-free classical music downloads. Passionato provides access to catalogues from the two largest major labels (Universal Music and EMI Classics) as well as the key independent classical labels including Naxos (the biggest independent), Chandos (one of the premier British independent labels), Avie and Arts.

Designed for classical music lovers, Passionato's main features are: DRM-free recordings, transferable to any portable device and burnable to CD; high audio quality downloads (320kbps DRM-free MP3 and lossless FLAC); access to free software the Passionato Player specifically developed to help organise users' existing Classical CDs alongside tracks purchased through the Passionato Store; an unprecedented level of recording information which users benefit from when they download a track, work or album, and when they import their own CD libraries to their computers; the ability to search Passionato's recordings using over 20 fields, including by work, composer, conductor, venue and recording engineer.

Passionato does not employ any DRM (Digital Rights Management) technology. This means your purchase allows you to transfer your downloaded audio files to your portable player, CDs and other media for personal use. Purchase does not include file transfer for commercial purpose.

Not only no DRM, but high-quality MP3 *and* lossless FLAC format - just what audiophiles love.

The site is still a little rough at the edges, and the prices are rather on the high side, but those are details that can be dealt with later: the core ideas look spot on. I hope the new service thrives - not least so that it can act as an example to others who have less of a clue.

The Recording Angel

Thousands of recordings that had been largely consigned to the realm of prehistory in the digital age have gained a new life, thanks to the tireless efforts of one man.

...

As the digital music movement started in earnest, Bolling began digitizing his records, and posted a list of first 1,500 songs he had digitized so fellow collectors could see what kind of progress he had made. Finally, he decided to upload MP3s of every song on the list so that he could access them from anywhere, and so that curiosity seekers could find them.

And so another commons is created, thanks to Cliff Bolling.

Amazon the Bellwether

On Open Enterprise blog.

How Hated Does the RIAA Want to Be?

The recording industry is an extraordinary example of not learning from experience. You would have thought that the backlash against its heavy-handed response to people downloading music would have been enough to teach it a lesson, given the negative image it earned as a result. Apparently not:

In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

This is beyond a death wish.

DRM's Worst Nightmare: Profit

This is what will finish off DRM:

Killing DRM is saving digital music, reckons British retailer 7Digital. The company says DRM-free music sales now outnumber sales of DRM-enumbered music by 4:1 , and credits EMI with the shift.

Removing the locks and keys also helps shift albums, with 70 per cent of MP3 sales by value being full albums.

Music companies that fight the move to DRM-less music are fighting against profits - and their shareholders might not like that....

In the Digital Age, Analogue Makes the Money

Further hints that the way to make money with digital content is to go analogue:

Why do so many people still love vinyl, even though its bulky, analog nature is anathema to everything music is supposed to be these days? Records, the vinyl evangelists will tell you, provide more of a connection between fans and artists. And many of today's music fans buy 180-gram vinyl LPs for home listening and MP3s for their portable devices.

"For many of us, and certainly for many of our artists, the vinyl is the true version of the release," said Matador's Patrick Amory. "The size and presence of the artwork, the division into sides, the better sound quality, above all the involvement and work the listener has to put in, all make it the format of choice for people who really care about music."

Yup, yup and yup.

DRM is Dead!

Amazon just killed it with Amazonmp3:

Our files are free of digital rights management (DRM) software, so you can burn your songs to CDs, play them on all your computers, and transfer them to all your devices. Songs are encoded at 256 kbps (learn more), which means you get high audio quality at a manageable file size.

DRM'd music just became unsellable.

Chinese Whispers

Here's another billion reasons why DRM'd music downloads will die out - and why copyright law will need to be rewritten:

Like millions of other young Chinese, he downloads them for free using Baidu.com (BIDU ), the country's biggest search engine. Baidu makes it so easy—just hit the MP3 tab on the home page, type in the name of the song, and click. What's more, Zhu doesn't believe he and his friends are doing anything wrong. "I think it's a problem with the law, not with us users," he says.

"Secure" As In Manacled

I hadn't really taken on board this insidious bit of weasel-wordery before, but that's just my negligence:

The new NWZ-A810 and NWZ-S610 series will have a QVGA screen for video playback...more importantly, the players support secure Windows Media Audio (WMA), as well as non-secure AAC and MP3 music formats

What? You mean MP3 isn't secure - that somebody might break into my PC if I foolishly adopt that format? Who would have guessed?

Oh, I see: that's "secure" as in "securely manacled to the wall"; this is not "secure" WMA, it's DRM'd WMA. C'mon Rafat, you can do better than this: PaidContent readers look to you to be told things as they really are in the content world, not to be fed marketing disinformation like this.

An OGGly Duckling?

One of the things I love about Richard Stallman's crusade for freedom is that it is so uncompromising. This means that it tends to espouse strict, unimpeachable positions that may not be totally practical (which he would doubtless say is irrelevant).

A case in point is the new PlayOGG campaign, which encourages people to ditch MP3 files and use the OGG standard instead. Now, I yield to none in my admiration for OGG, but I really can't see this happening. Moreover, it's not long until the troublesome patents on MP3 expire anyway, so the whole question will become moot.

Amazon Goes DRM-free - And So Do We (Almost)

This is big news:

Amazon.com today announced it will launch a digital music store later this year offering millions of songs in the DRM-free MP3 format from more than 12,000 record labels. EMI Music's digital catalog is the latest addition to the store. Every song and album in the Amazon.com digital music store will be available exclusively in the MP3 format without digital rights management (DRM) software.

It's important not so much because of the songs that will be freed in this way, as for the huge publicity it gives to the idea of being DRM-free. Until now, few end-users have really understood what the implications of DRM were; but once big names like Amazon start pushing the virtues of DRM-free stuff, then people will naturally demand it from other outlets - and from other labels alongside the enlightened EMI.

We're nearly there, people. (Via PaidContent.)

Cory on the DRM'd BBC

I and many others have written about the pathetic moves by the BBC in terms of adopting Windows DRM, but you've got to give it to Cory, he has a way with words. In particular, he sums up nicely one aspect that I haven't covered here:

They also instructed the BBC to stop making MP3s of public-domain classical music available, because the classical music industry is "precarious." That's smart -- we'll improve the health of the classical music industry by making sure that no one under 35 with an iPod can listen to it. Nice one, Trustees.

Couldn't have put it better myself. And, in fact, I didn't.

Update: Nice piece by Bobby in the Guardian, too: good to see the rage is spreading. Shame on you, BBC.

Magnatune: A Classic Case of Disruption

When it comes to digital music, Magnatune is definitely on the side of the angels:

We call it "try before you buy." It's the shareware model applied to music. Listen to 525 complete MP3 albums from musicians we work with (not 30 second snippets).

We let the music sell itself, because we think that's the best way to get you excited by it.

We pick the best submissions from independent musicians so you don't have to.

If you like what you hear, download an album for as little as $5 (you pick the price), or buy a real CD, or license our music for commercial use. And no copy protection (DRM), ever.

Artists keep half of every purchase. And unlike most record labels, they keep all the rights to their music.

No major label connections.

We are not evil.

And how about this little factette:

In 1980, Classical music represented 20% of global music sales. In 2000, Classical had plummeted to just 2% of global music sales. What happened? Did all those people suddenly lose their taste for classical music? Or is something else going on?

At Magnatune.com, an online record label I run, we sell six different genres of music, ranging from Ambient to Classical to Death Metal and World Music. Yet Classical represents a whopping 42% of our sales. Even more intriguingly, only 9% of the visitors to our music site click on “classical” as the genre they’re interested in, yet almost half of them end up buying classical music.

Do read the rest - it's fascinating.

Looks like innovative digital music business models can be even more disruptive than you might think.