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Instant Replay
February 3, 2006
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"It is ironic that the recording industry continues to cry wolf when so many opportunities exist for the industry to leverage technology for future growth ... Now that Grokster has been resolved in their favor, it is time for the music industry to finally get serious about building digital business models. Content creators should focus their considerable resources and marketing prowess on finding and expanding new business models rather than constricting consumers' rights and strangling new technologies." -- Gary Shapiro, President & CEO, The Consumer Electronics Association, August 2005
In the first issue of the newsletter this year I wrote the following: " I sense and fear we'll soon read bout the first round of lawsuits filed in 2006 by Mitch Bainwol and his RIAA legal team before we read about the RIAA doing something really progressive." I was hoping I'd be wrong. No such luck.
Lo and Behold, this past week the RIAA's 'Dudley Do-right,' Mitch Bainwol, was at it again. If you haven't heard or read about it elsewhere, the industry's alleged trade organization announced a new round of lawsuits against another 750 individuals.
In the last issue of 2005 I wrote: " It's abundantly clear that the RIAA isn't going to be deterred in their efforts to sue individuals, but at this rate (suing 700+ people a month) with an estimated 65-70 million people downloading in North America on any given day, they'll be able to sue everybody in about 7,700 years. I don't think they have that much time LEFT to solve the problems at hand. That's how ridiculous the whole campaign is. "
RIAA President Cary Sherman said while announcing the new lawsuits: "While the music companies continue to innovate and develop new digital ways to offer music to fans, we will do our part to hold illegal down loaders accountable. Prosecuting songlifting is integral to helping protect the ability of record companies to invest in the up-and-coming bands of tomorrow and level the playing field for legal online services."
So while the music companies (the labels) innovate, the RIAA does its "part to hold illegal down loaders accountable" ? Really? There is no evidence whatsoever that all the lawsuits thus far filed had done ANYTHING to discourage downloading. The RIAA spins it that way, but there's just too much contrary data that proves otherwise. In fact, there's even research that shows file-sharing generates enthusiasm for new music.
If the RIAA is the industry's trade organization, shouldn't it play a much larger role in assisting those it (allegedly) serves in developing new models for the future? If it has in the past, or is doing so now, nobody knows about it out here.
I received dozens of e-mails from many of you last year when I asked for your suggestions about how the RIAA can better serve the industry. Though I printed some of your comments, many more of you insisted I not print those you sent because they were almost vitriolic in expressing your criticism of the RIAA. From now on folks, I suggest you redirect your criticisms to the RIAA directly. If they think you're all happy with their course of action, they'll just keep on, keepin' on.
And in other news this week, ex-RIAA chief Hilary Rosen started a new consulting company with Jay Berman, her onetime counterpart at the globally focused International Federation of the Phonographic Industry, to advise technology and entertainment companies on piracy and licensing issues and to help develop legislative strategies. And what did Ms. Rosen say in announcing her new venture? (And no, I didn't "doctor" this; it's exactly what she said)
"It seems like not as much has changed in the space as we might have thought in two and a half years, while other things have dramatically changed," Rosen said. "I think there are places where we can be of help."
Huh???? Not much changed ... other things changed. Not since the great one liners of that great Vice President Dan Quayle have I laughed as hard. After all it was Dan Quayle who once said " I have made good judgments in the Past. I have made good judgments in the Future."
Yes, Ms. Rosen "there are places" you might be of help. But if that quote is any indication about just how much help you might provide, your clients might need you to be a bit more specific.
Meantime back at the ranch, album sales for the week were down 4.7%, or 492k, versus the same week of 2005. January 2006 sales were essentially flat - the same as January 2005.
Google May Be Close To Developing iTunes Competitor
Bear Stearns maintained an "outperform" rating on Google and said the Internet search giant may be looking to expand into the MP3 downloading business.
"We believe that Google is in the midst of creating its own iTunes competitor, which we've dubbed 'Google Tunes'," the analyst wrote in a client note issued today. "We think this is a logical step, now that the nascent Google Video product has been introduced."
Analyst Robert Peck speculated that it makes sense for Google to create a rival for the popular iTunes service by Apple Computer, given the explosive growth of unique visitors to the iTunes' Web site. "Further, Nielsen [Net Ratings] indicates that iTunes users form a distinct target audience with brand preferences along autos, alcohol beverages, magazines, and television," he added.
Read more about it by clicking here.
Gates: Beating Asia Piracy Will Take 10 Years
Microsoft Chairman Bill Gates said on Friday that beating software piracy in China and India and getting compliance up to U.S. and European levels would take 10 years.
Read more about it by clicking here.
Up Close With The Latest Gadgets
Bookmark this roundup and let CNET product experts help you make sense of the gizmo parade:
Read more about it by clicking here.
Legal DVD Downloads To Hit U.S. Shores?
An ambitious experiment with selling big-studio movies over a file-swapping network in Germany may portend new kinds of online movie sales in the United States--and give Microsoft new allies in its battle with Apple Computer. Warner Bros. Home Entertainment said Monday that it would launch a peer-to-peer video download service in Germany beginning in March, using Bertelsmann-created file-swapping technology to sell movies online at the same time as they're released on DVD.
Read more about it by clicking here.
Sirius Shock: Pirates Hit Howard Stern Show
Sirius Satellite Radio Inc., which liberated radio shock jock Howard Stern from the federal decency standards that he felt had shackled him, is finding that freedom's just another word for $500 million to lose. Since Jan. 9, when Stern debuted on Sirius, pirated versions of the shows have been made available for free via several online file-sharing networks just hours after Stern signs off. The New York-based broadcaster signed Stern to a five-year, half-billion-dollar contract in 2004.
Although no one can know the total number of Stern stealers, it is clear that Stern is a runaway hit among file sharers. His shows are more popular than the TV show "Gilmore Girls" and just behind Fox's "The Simpsons," said Eric Garland, CEO of BigChampagne, an online media measurement firm in Los Angeles.
Read more about it by clicking here.
Knitting Factory Entertainment Launches National Expansion with Investment in Bravo Entertainment
Knitting Factory Entertainment (KFE), America's most prolific presenter of emerging and alternative music, has finalized a deal to acquire a majority interest in Bravo Entertainment, a leading independent regional concert and tour promotion company. This new partnership creates a formidable growth-oriented alliance for presenting a broad spectrum of emerging talent to an under-served national audience.
"It is clear that there is an incredible hunger for new music in America that is not being met by the traditional players in the industry and that is a great opportunity for us," said KFE's chief executive officer, Jared Hoffman. "Our commitment to support Bravo's growth meshes perfectly with our mission to promote emerging music and provide our media and branded entertainment partners with access to real-world, off-line audiences beyond East and West Coast," said Hoffman. "With Bravo, we have just gained access to everything in between."
Read more about it by clicking here.
Is Your HDTV Doomed to 480p Downconversion in 2009?
The date for the official switch from analog TV to a completely digital system has been pushed back from 2006 to a more reasonable 2009 time frame. In the mean time consumers are snatching up HDTV sets at a never before seen pace as prices for large, flat and stunning looking TVs drop like a dotcom stock price in 2001.
But all is not perfect in the booming world of HDTV.
Read more about it by clicking here.
BUT SHE LOOKS GOOD
Jessica Simpson nominated for three Razzie Awards, including Worst Supporting Actress, Worst Screen Couple and the inaugural Most Tiresome Tabloid Target award. The Razzies will be handed out Mar. 4, the day before the Academy Awards.
LENDING A HAND
Bryan Adams performing a concert for about 10,000 fans in Karachi, Pakistan, last Sunday to benefit students affected by the massive earthquake that shook the country Oct. 8, killing more than 73,000. Adams' performance marked the first big show by a western singer in Pakistan in decades.
BRITNEY TUBE APPEARANCE
Britney Spears making a guest appearance on Will & Grace on April 13.
MANILOW TUBE APPEARANCE
Barry Manilow to perform on ABC's Dancing with the Stars Friday, singing "Copacabana," "Unchained Melody" and, appropriately, "They Dance."
THE AFTERMATH
Great White's former tour manager agreeing to plead guilty to 100 counts of involuntary manslaughter stemming from a deadly 2003 fire in a Rhode Island nightclub in exchange for a sentence of no more than 10 years behind bars.
ONE MO' TIME
Destiny's Child reuniting for a final time to perform the national anthem at the 2006 NBA All-Star Game in Houston Feb. 19.
CONCERT NEWS
Depeche Mode and Tool headlining the seventh annual Coachella Valley Music & Arts Festival April 29-30 in Indio, California. Other acts include Franz Ferdinand, the Yeah Yeah Yeahs, Scissor Sisters, Common and many more. Meanwhile, Radiohead and Tom Petty and the Heartbreakers headlining the fifth annual Bonnaroo Music & Arts Festival June 16-18 in Manchester, Tennessee. Beck, Elvis Costello, Bonnie Raitt among the artists scheduled to appear.
GRAMMY UPDATE
Organizers announcing that Madonna will open up next week's Grammys by performing with the animated band Gorillaz, the first time a human-cartoon combo has played the ceremony. Paul McCartney will also make his first Grammy appearance at the 48th Annual Grammy Awards Feb. 8, where he is nominated in three categories. Kelly Clarkson and Ciara also scheduled to perform at the event.
PEAS HIT THE ROAD
Per USA Today, the Black Eyed Peas launching their first headlining tour starting Mar. 23 in Fresno that will hit more than 35 cities across North America.
ROCK&ROLL DIVORCE COURT
Heather Locklear filing for divorce from Richie Sambora after 10 years of marriage. "This is a private matter and there will be no further comment at this time," said Locklear's publicist.
NBC WANTS SIMON
Simon Cowell partnering with NBC to create a nationwide variety talent competition series, where viewers will be able to select a winner who will go on to headline a Las Vegas show.
IDOL OUT?
American Idol hopeful Jose "Sway" Penala may have violated the talent show's eligibility rules by being signed to a contract with his band, 6th Day, at the time he auditioned for the show, realitytvmagazine.com reports.
COMING SOON!
- The Subways, Young for Eternity (2/12)
- Kid Rock, When I'm Dead ... Kid Rock Live (2/12)
- Arctic Monkeys, Whatever People Say I Am, That's What I Am Not (2/12)
2006 Industry Conferences
Date Name Location 2006 Media Summit New York February 8-9, 2006 New York Digital Hollywood Spring March 28-30, 2006 Santa Monica, CA MusExpo 2006 April 30-May 3, 2006 Los Angeles, CA
Quotes of the week
"Walk The Line" was passed over for best picture nomination. Which makes 'Brokeback Mountain" the clear favorite. See gay is in this year. If Johnny Cash had fallen for Jimmy Carter instead of June Carter...they would have had a lockout."
-- Jay Leno" She loves Jay-Z and Missy Elliott. She just doesn't speak well enough just yet to mimic all the bad words. When she does, we'll have to switch to Will Smith."
-- Gwyneth Paltrow, on her daughter Apple's musical taste." Donald Trump as president. I can't wait to see the Washington Monument turned into a condo."
-- David Letterman
NARIP Information
NARIP (The National Association of Record Industry Professionals) promotes career advancement, education and good will among record executives. To find out more about this great organization, how you can join or attend their events, just go to: www.narip.com.
UPCOMING EVENTS:
NARIP Brunch in LAS VEGAS - February 04, 2006
MONEY FOR YOUR MUSIC in SAN FRANCISCO - February 09, 2006
The B-Side - 'Blips'
SOMETIMES IT PAYS NOT TO ADVERTISE: LEAVENWORTH, Kan. -- The business cards got a response, but surely not what their owner had in mind when he had them printed up. Police said they heard Sylvester J. Williams, 21, of Leavenworth, was selling drugs. Then, they got an unexpected tip. "Then we heard that he was handing out business cards," Maj. Patrick Kitchens said. "In the course of our investigation we were fortunate to come up with one, and we gave him a call." Kitchens said the business card had an image of what appeared to be an alarm clock being hit by a boxing glove and said: "For a quick hit on time call the boss." Williams was charged Monday with possessing crack cocaine with the intent to sell it, said Kitchens. He was in custody Wednesday on $75,000 bond. "It makes our job considerably easier when they advertise and let us know where to get a hold of them," Kitchens said.
G0OD POLICE WORK #1:OREM, Utah -- A man who called police to report his marijuana was stolen was arrested after police recovered the pot and invited him to come to the Public Safety Building to identify it. Kory C. Tippetts, 18, of Orem, was arrested and booked into the Utah County jail for investigation of possession of marijuana in a drug-free zone with intent to distribute, police said Tuesday. Tippetts called police Monday evening after someone broke a window, got cut on the glass and crawled into his home while he was away. He told police the only thing missing was a quarter-pound bag of marijuana he was selling. Tippetts also told officers that a man called him about buying some marijuana earlier in the day, but Tippetts was on his way to work and told the caller no. He gave police the caller's name. Officers found Richard W. Hight, 23, at his mother's home in Provo, where they recovered six ounces of marijuana. Hight had a cut on his arm and blood-soaked pants, police said. He was arrested for investigation of burglary, theft and possession of marijuana in a drug-free zone with intent to distribute and booked into the Utah County jail.
GOOD POLICE WORK #2: MARTINEZ, Calif. -- Officers in Concord, Calif., didn't have to go far to bust a brothel. The house of ill repute was across the street from the police station. Now, a married couple has pleaded guilty to running the house. Debra Watts, 52, will serve one year of home detention for pimping and pandering. Her husband Ernest, 63, pleaded to a misdemeanor count of maintaining a house of prostitution. Police said the hookers who operated out of the place charged $160 for a half hour and split the money with the couple. Surveillance of the apartment revealed a Monday-through-Friday operation in which women would arrive by 10 a.m. and leave by 7 p.m. Men would enter and leave throughout the day, staying for about 30 minutes at a time, according to the affidavit.
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