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by George Ziemann

April/May/June 2007

They Must Be Joking

April 2, 2007 ~~ There's a story out today that EMI has decided to sell songs without DRM and Apple's iTunes Music Store will offer them for $1.29 each. If it had appeared yesterday, I wouldn't have believed it at all. I'm still skeptical because this sounds like a day-late practical joke. Even though the media seems to think this is some kind of breakthrough, ARS Technica nailed it in February when they assessed that music without DRM was coming, from EMI, but it was going to cost more.

First of all, this means Steve Jobs relented and let them charge a higher price for new releases, which is what most of the DRM-less offerings will probably be. Thankfully, the Beatles haven't bought into this yet. At $1.29 a song, Abbey Road would cost $21.93.

So they really don't want to sell more music. If that's what they wanted, they would have dropped the price, not raised it. They're still thinking short-term, still worrying about the next quarter.

They're also still suing music fans. The major labels seem devoid of any inkling of the depth of the public annoyance this activity has dredged up, along with increased public awareness of payola and contract rip-offs.

The good news is that the lawsuits have reached the wall. The RIAA never had any evidence that anyone did anything. Their cases are crumbling.

Another small ray of common sense comes from the music publishers, who have decided to let guitar tabs reappear on the Internet. (That link is to the New York Times and registration is required. Sorry.) Guitar tabs are like cheat-sheets for guitarists who want to figure out how to play a song. The publishers had most of the tab sites shut down last year because of copyright issues -- you know, the usual "stealing our stuff" complaint.

In the NY Times article, Irwin Z. Robinson, who runs Viacom's music publishing arm summarizes his rendition: "This gives us, for the first time, the opportunity to get something that's been given away or stolen for all these years. I'm very positive about it."

He follows this up with the fact that about 2 percent of the songs in the company's catalog have licensed guitar tablature associated with them.

So... 98% of the company's catalog is not legally available. They're not even trying to make money on guitar tabs. Whatever is happening is certainly not lost sales because there was never anything to sell in the first place. When the tab sites shut down, there was no chance of driving musicians to purchase the publisher's official version because there isn't one.

This is why guitar tabs are so popular among musicians, many of whom just want to know how to play the songs so they can perform them in a venue that pays royalties to ASCAP and BMI, which pay the publishers and songwriters. In the long term, they were more likely to lose revenue by stopping tabs from being available.

The publishers have suddenly decided a cut of ad revenue would make everything okay. They could have done this in the first place. From the article:

"Representatives from Ultimate-Guitar did not respond to calls seeking comment. Cathal Woods, the director of Olga, wrote via e-mail that he had, in the past, approached Harry Fox, the Music Publishers' Association and the National Music Publishers' Association with similar business deals.

Those groups "have always rejected out-of-hand any requests about licensing," Mr. Woods wrote. "I'm somewhat surprised by this."

So am I. It seems to be a rational decision until you consider how long they rejected it first. Why is a portion of ad revenue a reasonable idea today and it wasn't six months ago? What has changed?

RIAA Threatens NIN Fans

April 5, 2007 -- I haven't been following Nine Inch Nails, but apparently they're promoting their upcoming album with some sort of scavenger hunt. While most of the puzzle seems to be online, Trent Reznor arranged for three flash drives to be "lost" in bathrooms at three separate concerts, each containing a single mp3 from the new album, "Year Zero".

The rest from Billboard:

According to one post, a male fan, allegedly by happenstance, found a USB drive in a bathroom stall during a NIN concert at the Coliseum in Lisbon, Portugal. This flash drive (yes, Reznor's idea) contained an MP3 of album track "My Violent Heart." Additional USB drives were purportedly found in Barcelona and Manchester, England; they included MP3s of album tracks "Me, I'm Not" and "In This Twilight," respectively.

Excited fans then began swapping and sharing these music files online. Another Web posting alleged that all this activity resulted in entertainment blog Idolator and other sites receiving e-mail from the Recording Industry Association of America, demanding that they remove the MP3s from their sites. An RIAA representative confirms this, a move that boggles the minds of many. "These f*cking idiots are going after a campaign that the label signed off on," the source says.

Record Store Owners Blame RIAA

April 6, 2007 -- "The sad thing is that CDs and downloads could have coexisted peacefully and profitably. The current state of affairs is largely the result of shortsightedness and boneheadedness by the major record labels and the Recording Industry Association of America, who managed to achieve the opposite of everything they wanted in trying to keep the music business prospering. The association is like a gardener who tried to rid his lawn of weeds and wound up killing the trees instead."
-- Complete Story at NY Times

May 23, 2007 ~~ Trent Reznor explains the current rock star dilemma, namely that being signed to a major record label has officially become an embarrassment as well as a threat to an act's credibility.

May 27, 2007 ~~ There's an article at Slashdot today about Ohio University banning all p2p access. Within was a comment wherein some pro-industry type was making the typical "stealing-from-the-artists" accusation. I resisted the urge to reply there because at this point anyone still trying to blame the general public for the music industry's problems is probably part of the problem. See the Trent Reznor story below.

June

June 8, 2007 ~~ Current Events -- Since there's no real music news to speak of, I decided to address some of the burning issues of the day.

Urgent Non-News ~~ Wall-to-wall coverage on Fox all the major news networks today of the War on Terror, immigration issues, rising crime rate, presidential campaigns, godless liberals, abducted blonde, gas prices, blonde teacher having sex with student, Rosie O'Donnel's argument with a blonde, John Edward's haircut Paris Hilton getting sent back to jail.

I really haven't been paying attention to the whole story because, well, I could give a rat's ass what happens to her skinny ass. I do, however, have a piece of advice for her, Lindsay Lohan, most of the cast of "Lost," Mel Gibson, Nick Nolte, Shemar Moore, and Billy Joel, just to name a few -- When you get drunk or have your license suspended, hire a driver, you cheap bastards. Or hire some big guy to kick your ass when you try to do stupid shit.

Scooter Libby ~~ Got a six-figure fine and jail time for not being the one who outed Valerie Plame as a CIA agent. Dick Cheney and Karl Rove high-five each other and go back to their plans of world domination. Prez Bush immediately considers how fast to pardon Libbey because, c'mon, if it's okay to jail people for lying...

Bush-Bashing ~~ It seems like only a few months ago that if you said anything negative about Dubya, you were a far-left, unpatriotic godless liberal who deserved to be sent to Guantanamo. Today, it just means you might be a Republican presidential candidate.

Immigration ~~ Got at least three calls in the last two days from anxious pollsters (congressional aides?) trying to find out what what I think about the proposed amnesty/guest worker bill. I told them that you can't judge a bill by its title (see Patriot Act), I haven't read it and so, consequently, it is impossible to have an intelligent opinion. Send me a copy and call me back.

At the school my child attended last year, 69 percent of the parents were "illegal" immigrants. One of her best friends is from Ukraine (her father teaches physics at ASU), and a boy who has a crush on her is from China. There was a recent event where a major issue was listing a kid's name on a roster because one of her parents is from Mongolia, where there is no such thing as last names, so they used the last name of her Korean mother. My personal sadistic torturer dentist is from Russia but I have had to see the one from India on occasion.

Which immigrants is it we're talking about exactly? Just the Mexicans? I thought we were building a wall to keep them from trimming our lawns and palm trees.

June 10, 2007 ~~ Remember the 700-mile long fence we were going to build to protect the 1400-mile long border between the US and Mexico? Turns out it's going to be a virtual border instead of a real one. The new plan is apparently to require all the Mexicans to get accounts at Second Life and, if they can get across the virtual border, they get a visa. Those who choose not to participate can still cross into the US at will, as they always have.

The Sopranos ~~ I'm not a big Sopranos fan. I liked the show and would watch it sometimes, but I rarely made a point of it. But I did watch the last two nights. It was the finale, the big finish.

I have not yet seen what the rest of the world thought about said big finish, but mine was "That's it? What the hell kind of ending was that?" Perhaps it should have been a clue that the prominent musical number as the last hour opened was "Keep Me Hanging On" because that's what happened. Or perhaps there was some esoteric significance that I don't understand attached to the fact that Meadow Soprano really could parallel park, given enough attempts.

June 29, 2007 ~~ The Guardian reports that this Sunday's edition of the UK publication, The Mail will include Prince's new CD, Planet Earth, a month before it is scheduled to go on sale. This also means that, technically, it ships at least double platinum before the first copy appears on a store shelf.

Not that you'll be able to buy it, at least in the UK. All the retailers bitched about Prince giving the album away. "The Artist Formerly Known as Prince should know that with behaviour like this he will soon be the Artist Formerly Available in Record Stores," said someone or other, after framing the issue as "another example of the damaging covermount culture which is destroying any perception of value around recorded music." Whatever that means.

Columbia/Sony solved the problem by deciding not to distribute the CD to UK stores at all. That'll teach 'em.

Supreme Court ~~ Price fixing is now legal and an "except for" clause has been introduced into that whole "freedom of speech" idea. Also, the death penalty cannot be carried out on the mentally incompetent, much to the relief of all the psychotic killers waiting in line to be fried.

Ann Coulter ~~ Called Bush a "nincompoop" and then mused that we're "all on the same page" now, just before suggesting terrorists should assassinate John Edwards.

Dick Cheney ~~ Declares he does not have to report his actions to the National Archives because he is not part of the executive branch. White House responds to subpoenas from Congress for Cheney's records by asserting executive privilege.

Blast from the Past ~~ The RIAA discusses piracy. In 1978. Explains why it's illegal to video tape a TV show and watch it later. Bonus: Asshat in comment section justifies RIAA's current activity by pointing out that the law is still the same.


Quotes

"Never attribute to malice that which can be adequately explained by stupidity"
-- Robert Heinlein (in Logic of Empire)

"I don't want to go out and see Bob Dylan. I don't want to go out and see the Stones. I wouldn't pay money to go see the Who, not even with new songs."
-- Pete Townshend, 2006

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."
-- Albert Einstein

"A watched pot never boils over. " -- GZ

"News is what someone wants to suppress. Everything else is advertising."
-- Reuven Frank, NBC News President, 1968-72

"I live in my own little world. It's nice there."
-- Deborah Harry