Jenny Levine: Digital Music

The Death of Digital Rights Management?

“ 'It’s very difficult to sell [digital-rights] technology to companies that are no longer trying to sell content,' observes Schreiber. In a way, it’s a classic chicken-and-egg question: is the digital rights management industry hampered by a failing market, or are e-books floundering for want of better digital-rights technology?" [at Technology Review, via Tomalak's Realm]

How about both are hindered by usability problems and a focus that is decidedly not on the consumer?

"Analysts say the content protection companies left standing, including Alchemedia and SealedMedia, have technologies that may break the usability barrier, finally enabling the serious online sales providers envision. “There are some extremely bright people working in this space who will be able to figure out what the consumer is willing to put up with,” says Letts. Alchemedia’s “Mirage” system, for example, does away with the requirement for special viewer software by making sure the decrypted form of a protected file appears only on-screen, never in random-access memory, where a computer looks for any data it’s trying to print or copy. That way, publishers can put content out in a format compatible with a regular Web browser, and “the fear about the save and copy buttons is neutralized. We don’t have to block those doors because the data in [memory] is still encrypted,” says Schreiber."

"SealedMedia’s system, on the other hand, does require a special two-megabyte browser plug-in, but it stores decryption keys on a central Internet-accessible server, meaning that if you have the right password, you can access content from whatever machine you happen to be using. SealedMedia’s viewer can also handle audio and video content. 'SealedMedia is providing us for the first time with a robust, convenient way to deliver multimedia e-books,' says ipicturebooks’ Preiss."

Here again, I hope they're thinking of more than just B2C sales (business-to-consumer) and that these technologies will work with items circulated by libraries. See why we need to be in on the debate and the development cycle?

That's What I Want

"No single service has a catalog of music from all of the major record labels. Until there is DRM standardization and a sea change in industry attitudes, users will have to patronize more than one service to get an unabridged selection of artists. That means consumers are asked to pay for a service that might carry only half of their favorite artists, or to pay several monthly bills just to have access to the musicians they like. Not surprisingly, many users are unwilling." [at New Architect, via Tomalak's Realm]

This article is an excellent primer explaining why the online music services are failing, covering everything from Digital Rights Management (DRM) to usability issues.

"According to Pew, in the last year, of the users who were asked to pay for something that used to be free online, 50 percent found free online alternatives. Thirty six percent stopped getting the service online, and only 12 percent paid for it. Subscription service providers need more. They must offer a unique value proposition to keep their audiences from walking out."

What amazes me is how many people take advantage of free online services but then forget about libraries. Granted we're not loaning out digital music yet, but I don't think we do a good enough job of marketing our computers, our video & DVD collections, our audiobooks, our CDs, and everything else you can get for free at your local library. Not to mention the free expertise.

Of course, that's nothing new and we say that every year, but now we have to figure out that digital service and delivery part, otherwise known as "shifting." Similar to the concerns raised in this article, we need to work closely with our vendors to make sure our services based on their products don't have that usability barrier that so many of our online catalogs currently have.

One Out of Four Americans Have Downloaded MP3s, Says New Study [at MusicDish]

"Fifty million people, or almost one-quarter (23%) of the American population aged 12 and over, have downloaded a music or mp3 file from of the Net, say findings from a new study examining the influence and effects of online music distribution around the world. By comparison, Napster claimed to have around 40 million users in its heyday, says research firm Ipsos-Reid which conducted the study last November and December. Similar proportions of Americans report having listened to Internet radio (27%) and streamed audio (21%), and over one-third (37%) indicate they have listened to a pre-recorded music CD that was playing in the CD-ROM drive of their PC, Ipsos-Reid found in Tempo: Keeping Pace with Online Music Distribution."

In other words, 50 million Americans realize how inane the record companies are, are tired of being screwed over, and are going elsewhere to get the services they want.

"The firm went on that young Americans continue to lead this Internet music phenomenon, as approximately two-fifths of 12-24-year-olds have downloaded music or MP3 files off of the Internet (44% of 12-17 year-olds, and 42% in the 18-24 age group)."

No surprise there. Think of all that disposable income the record companies are losing....

"Among adults aged 25-34, one-third (35%) have also downloaded music, demonstrating that older age groups are beginning to dabble in the new digital music arena as well. Not only are these individuals trying out music downloading capabilities, they are returning for more, says Ipsos-Reid. Three-fifths of (59%) of Americans who have downloaded a music or MP3 file in the past indicated that they are somewhat, very, or extremely likely to download again in the next 30 days."

Hello, Mr. Record Company, this is your wake-up call.

Listened to on the way to work today: the Violent Femmes
Listened to on the way to work yesterday: Herb Alpert

My name is Jenny, and I am a music junkie. Not as much anymore because I got tired of having to buy a whole CD for one song, but I listen to a lot of Internet radio these days. I have more than 1,000 CDs (I stopped counting several years ago), and I should be the ideal customer for the record companies. My music tastes are all over the map, and I like hearing new songs and genres. It's just that now, I do this via the Internet instead of in a store. The overwhelming majority of CDs in my collection were purchased legally, with a small percentage of them being freebies from when I worked at a radio station and a record store oh so many years ago.

And I'm a second-generation music junkie. I learned it from my Dad, including playing my music loud, and I'm already passing that love along to my children. :-) My brother periodically sells CDs he hasn't listened to in a while, but I've kept all of mine since my first one in 1987 because my music tastes have mood swings. One day I have to listen to classical, the next jazz, the next 80s music, the next hip hop, and so on and so on and so on. It's also a catalog of my life. I can remember where I was and what I was feeling when I first became obsessed by this particular artist or that particular song.

I still haven't gotten around to writing about why I don't like radio (not Radio) anymore, but today I thought I should go back and listen to all of my CDs, one-by-one, in alphabetical order. (Because I'm a librarian so of course they're organized.) I wonder when I would finish?

The record companies have alienated me and pretty much lost my business. When satellite radio becomes affordable and usable, I'll give it a shot. Until then, I'll be living in the past.

Entertainment Industry's Copyright Right Puts Consumers in Cross Hairs "The studios and TV networks are also whining about the feature that lets users fast-forward through commercials or skip them entirely. The entertainment companies are understandably worried about this trend, but so what? My employer would like you to read the paper all the way through and at least glance at every advertisement, but the fact that you don't have to is one of the reader-friendly pieces of the transaction." [Dan Gillmor's eJournal]

Hear, hear! More from Dan about the latest lawsuits against Tivo and SonicBlue (the folks that make ReplayTVs). It's a great summation of how ludicrous these lawsuits are, so it's a good printout for the uninitiated. Here's why it will matter to them (and you and me):

"Why should you care if you can't make a copy of a CD to play in your car? Because the industry's attack is much wider. Your rights are intertwined with scholarship, with the public commons of knowledge that the owners of information want to close off. The damage will be far-reaching if they succeed."

Besides the fair use, First Amendment, and criminal prosecution issues surrounding all of this, there is one other thing libraries can take away from this whole debacle, and that is the lesson of not placing barriers in the way of what your users want. Work with them, not against them. It will only alienate your users, and they won't come back.

I don't know if I believe this one, but it'd be pretty cool if it's real. Check out the Musit, a new digital music device that has a "continuous satellite Web link that allows for continual downloading of millions of songs in MP3 format. The Musit will allows you to enter in a song or album title, download, and play it almost instantly. With a patented high-speed wireless link to the Web, the Musit will download songs at an amazing rate of over 1MB per minute." It comes with a stylus and supposedly recognizes handwriting for input of song titles. All for under $200. (Note that the site requires Flash.) [via Mempool]

Hmmmmm....... I'll believe it when I see it, but someday, this type of device and service will be commonplace. For those of you that have heard me talk about the "heavenly jukebox" of content, this is one way it might look.

Copy-protected CDs Slide into Stores "Israeli security company Midbar said Tuesday that it has released more than 10 million copy-protected CDs in the United States and Europe, highlighting the company's ongoing endeavor to combat digital piracy. " [at News.com]

And tick off the record companies' customers. There hasn't been much I've wanted to buy lately, now even more so. Watch those CDs you're buying for your libraries, as you'll have to look closely for the identifying labels.

Kazaa picks up the speed with update "The update, called Kazaa Media Desktop 1.5, comes with a new function for download recommendations, faster search results, faster start-up time and an automated feature that lets people communicate with contacts, according to the developer. Like its notorious cousin Napster, Kazaa has been targeted in lawsuits from the recording and motion picture industries, which charge that its peer-to-peer technology enables unauthorized distribution of copyright works. But unlike Napster, which has essentially been forced by the courts to block the swapping of all copyrighted music, Kazaa continues to function as though it's business as usual." [at CNET News.com]

<sarcasm> Good thing the RIAA had Napster shut down and stopped all this silly file-trading business dead in its tracks. Good going, RIAA! </sarcasm>

Music Sales Down: Is it Napster? Or is it lack of inspiration?. "The latest issue of Rolling Stone Magazine (Printed edition) states that the RIAA has reported a 3% decrease in music sales this past year. The RIAA would like you to believe that Napster, and other similar projects are to blame. I tend to believe otherwise. I blame the decrease in sales on the lack of inspiration, and therefore lack of consumer interest, in current music. The point is, RIAA would like to take any evidence they can to stamp out the Napsterites. Contrary to what they believe, I believe that tools such as Napster might actually lend to creativity. It helps obscure artists to get recognition...and it helps other artists to grow. It helps people find other sources for their inspiration. Stamp that out, and you will cut off the inspiration stream for musicians around the world. With no inspiration, we have mediocre music. Most people do not like to buy mediocre music." [Kuro5hin]

I would add that there are a lot of songs out there right now that I like, but I'm not willing to buy whole albums just to get them. I'm also not willing to pay $4 for one song. However, if you let me download the song for $1-$2 and I get to keep it - without paying you an additional subscription fee - and I can listen to it on my MP3 player, then I'll start buying your music again. This isn't rocket science, RIAA. It's capitalism and the marketplace, and you're taking yourselves out of my marketplace.

This is interesting. In the postal mail today, Web Techniques has become new.architect: Internet Strategies for Technology Leaders. The first cover story, That's What I Want, is about digital delivery of music and the tug-of-war between consumers and the record industry. Also in this issue, a review of Steven Johnson's book Emergence, a guest editorial by John Perry Barlow about The Crime of Sharing, and a couple of articles about digital rights management (DRM). Hot topic, I guess.

Philips Burning on Protection "But Jeff Joseph, vice president of communication for the Consumer Electronics Association -- a consortium of manufacturers -- says the standoff could require 'a huge education campaign' that could force retailers to segregate copy-protected CDs from those with the logo, something Amazon has already begun doing.... 'The last time Universal and Disney squared off against a major consumer electronics company was the Sony Betamax case,' von Lohmann said. 'They lost....' Philips' patents on much of the technology for CD audio begins expiring this year and next. And newer audio formats such as DVD-Audio already boast far superior sound quality than CDs. Doris thinks the compact disc will be replaced by 'something like what was tried with DVD-Audio, but with better copy protection.' Some of that protection may come from legislation: Senator Fritz Hollings has yet to introduce the Security Systems Standards and Certification Act (SSSCA) into Congress, but drafts in circulation would require all devices sold in the U.S. for playing audio and/or video to include copyright protection mechanisms dictated by the entertainment industry." [in Wired News]

Every "device" would include PCs, too. The SSSCA is just as misguided as the DMCA. How come we don't hear Congress and the bigco copyright holders advocating for the marketplace to work this one out? Because of the money. For a glimpse into one possible future, read A Love Song for Napster. Be afraid. Be very afraid.

Here's something scary: David.Weekly put together "a simple graph showing who owns what within the online music technology space." Heaven help us all. (Note the graphic is in PNG format so you should use Internet Explorer or some other browser that handles this format.) [via Matt Goyer]

A Review of Existing Music Subscription Services An interesting comparison of existing online music services. It illustrates perfectly why they're not ready for prime time and likely won't be for quite a while. [via Slashdot]

The labels still don't get it. This LA Times story .... "The labels still don't get it. This LA Times story is an excellent overview of the problems with the labels' music download services -- limited selections, horrendous abridgements of fair use, and high cost of use." [via bOing bOing]

There is just sooooo much wrong with these services that I don't even know where to begin. Clueless record companies alienating consumers and trashing what could be a decent service. Like this is going to stop file sharing. (Read this one fast, as LA Times stories disappear after a week.)

Bootylicious vs. Smells like teen spirit (MP3-link) Although it might be a little of the mainstream META-postings, I chose to post this piece of Soulwax music (MP3) because I really want to hear your reactions. The energy attained in this synergetic combination exceeds even math rock." [MetaFilter]

I l-o-v-e this! I've heard several of these types of mixes now, and I enjoy hearing the disparate songs folks put together, my favorite being the Enya-Eminem mix from a couple of years ago. Of course, copyright holders think this is illegal and I suppose technically it is, but to me it's like Andy Warhol using the Campbell's soup can to create something new. Definitely a new music genre we haven't seen before.

Plaintiffs Sought Timeout After Turn in Napster Case "The major record companies who are seeking a temporary suspension in their lawsuit against Napster, were about to face inquiries into their own behavior on maintaining copyrights." [The New York Times: Technology]

Slimy record companies.

"Aimster changes name, adds fee service. The file-swapping company, which is working to attract paying members, hands America Online its name and rebrands itself Madster.com." [in News.com]

Does a Big Company on Campus finally get it? Does AOL understand that they need to start working with these grass-roots start-ups or will Aimster/Madster die a slow death, too?

Add this to my wish list!

"For starters, the BA800 packs a mind-blowing 256MB of internal memory in a snazzy, rounded design reminiscent of the iMac. That's all well and good, but what's truly revolutionary about the BA800 is its chameleonlike casing: a layer of plasma under the device's "skin" can be set to 256 different colors! You'd think that this active color-changing technology would be a power drain, but the rechargeable battery has a life of more than 20 hours. True, this cosmetic innovation isn't as vital as some of the internal technical improvements, but we were so taken aback by this electronic chameleon that the BA800 is one of our favorite products from CES. It ships in March for $300...." [CNET]

Kazaa Suspends Downloads [in NewsBytes]
"Dutch portal Kazaa has announced it is voluntarily suspending downloads of its file sharing software until further notice.... Unconfirmed reports suggest that more than 27 million copies of Kazaa's file sharing software have been downloaded."

Tell me again how this is going to stop downloading on Kazaa?

Here is a beta tester's review of the pay version of Napster. Note how there is absolutely no role, no way, no how for libraries in this model. :-\

Libraries have to get on the radar in order to have access to the "Heavenly Jukebox" of digital material. Consider this your wake-up call.