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It's The Same Old Song
December 2, 2005
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RIAA Bans Telling Friends About Songs: (November 30, 2005) LOS ANGELES-The Recording Industry Association of America announced Tuesday that it will be taking legal action against anyone discovered telling friends, acquaintances, or associates about new songs, artists, or albums.
"We are merely exercising our right to defend our intellectual properties from unauthorized peer-to-peer notification of the existence of copyrighted material," a press release signed by RIAA anti-piracy director Brad Buckles read. "We will aggressively prosecute those individuals who attempt to pirate our property by generating 'buzz' about any proprietary music, movies, or software, or enjoy same in the company of anyone other than themselves." RIAA attorneys said they were also looking into the legality of word-of-mouth "favorites-sharing" sites, such as coffee shops, universities, and living rooms. -- From THE ONION, http://www.theonion.com/content/node/43029.
I hope the above "news item" from America's premier satire and parody people at The Onion put a smile on your face. When my son called and read it to me, I laughed so hard I realized immediately it had to be the lead item in the newsletter this week.
Yup. They're at it again. This week the RIAA continued to wage its war against the evil-doers by filing a new round of lawsuits against 754 new "offenders," including students at 12 colleges. Meanwhile, as reported here previously too many times (and elsewhere on various websites) the overall impact caused by the RIAA lawsuits is having no real effect and file-sharing increases continue according to various data sources.
There are over 1000 of you now receiving the newsletter every week, but I'm guessing no one has ever forwarded a copy of my many criticisms of the RIAA to any anyone at the RIAA. Not that it would make any difference. They're up to their elbows with all the lawsuits, and lobbying our politicians to pass new laws to try and further legislate that which they can't. ( i.e., the technology already out there ) But I'll ask the question again: What else is the RIAA doing for the music industry? (And again, if you e-mail me with some of the association's real accomplishments on the industry's behalf, I'll print them )
Sharp people these RIAA folk. In Oklahoma City, Oklahoma, in Capitol Records v. Foster, a registered nurse who didn't even have a working computer at the time of the alleged infringement, but was sued anyway, is fighting back, asserting a counterclaim and battling it out on the ground. (Source: http://recordingindustryvspeople.blogspot.com/2005/12/oklahoma-woman-fights-back-against.html ) Write your own punch line for that one.
Why is it that while most of the world is moving FORWARD with technological developments and making plans for tomorrow (see several of the news stories below to see what I mean), the RIAA and many in the industry are still stuck on 'Pause.'
Here's just a thumbnail of what's going on outside the RIAA's walls: as reported here in the newsletter last week, Jupiter Research predicts that 55 million people will have satellite radio by 2010; as CD sales continue to decline, Apple's iTunes music store now sells more music than Tower Records or Borders and ranks in the Top 10 music retailers; retail stores (and amazon.com) have reported that the iPod Nanos and computers are red-hot Christmas items; ringtones are providing revenues for music companies, but people aren't going to pay $2.49 to download a song to their cell phone; more radio and media companies are seeking futures online; and so on, but you get the picture, right?
With all the technology out there developed that labels could use to create new consumers, foster customer retention to buy more music, create new models online, it's sad that instead of thinking of all these possibilities and more, the emphasis is still put on trying to stop consumers from doing something they've always done, doing what they want with the music they purchase. The SONY BMG encryption software fiasco did more to convince the public at large that music companies are truly greedy than all the blogs out there that have been saying so for a long long time.
This year is almost over. I hope that next year I won't have to dedicate so much space in the newsletter to asking the same questions over and over again. Maybe the RIAA will do SOMETHING to justify its existence other than filing lawsuits. Maybe an executive at one of the major labels will come to a meeting with a great new idea about how to generate meaningful revenues with a new model, and the idea will also create new consumers. iTunes should be looked at as a beginning of the next phase of business as the industry transitions.
But so much more can be done. So much more needs to be done. So much more must be done if the industry is to survive in any meaningful manner.
Hot Tech Gifts For The Holidays
Portable music devices like Apple Computer's iPod Nano are expected to top this year's holiday shopping lists, which market watchers say will fall into two main categories: very portable or extremely stationary.
Wish lists for gadgeteers on the go are likely to feature gizmos including MP3 players, Sony's PlayStation Portable and handsets from Motorola and Samsung. For homebodies, Microsoft's just-released Xbox 360 and high-definition televisions in either the plasma or LCD variety are expected to be hot sellers.
Read more about it by clicking here.
Sony BMG Faces The Music
Sony BMG Music Entertainment, feeling the legal heat over the copy-protection software in millions of its music CDs, last week was sued in both Texas and California. By exploiting a hole in the copy protection code, virus writers could modify an old Trojan horse to take advantage of the powerful, though inadvertent, shielding provided by the Sony software. Sony eventually announced that, as part of a review of its digital rights management strategy, it would suspend production of CDs that contain this particular copy-protection technology.
Too late to avoid the legal blowback. In Texas, the attorney general is seeking $100,000 for each alleged violation of the state's "Consumer Protection Against Computer Spyware Act." The California lawsuit is a class action that seeks compensatory damages, disgorgement of profits and punitive damages.
Read more about it by clicking here.
On the FM Dial, Rock Is Sliding Away
FM radio, which catapulted to success in the 1970s as the rebellious alternative to the bubble-gum pop on the AM band, is turning away from rock. Howard Stern's departure from FM next month to join pay satellite radio has accelerated the trend, as several of the rock stations that carried his morning talk fest will now switch entirely to talk. The format changes, coming on the heels of moves over the past 18 months to change formats at rock stations in Washington, Houston and Miami, show that radio executives are increasingly ceding the rock audience to iPods and satellite radio.
Read more about it by clicking here.
Jukeboxes, DJs Being Pushed Out by IPods
The jukebox at the bar Brian Toro manages isn't gathering dust just yet - but it may only be a matter of time. The popular nightspot is among a growing number of places across the country where people can bring their iPods and other portable music players and, for as long as the bartender allows, share their personal favorites with the crowd.
Read more about it by clicking here.
The Ringtone Riddle
How Ringtones' Success Has Led Labels To Verge of a Misstep on Music Pricing
The recording industry seems to think so -- or at least desperately wants that to be true. That's what downloading a song to your cell phone will cost if you use Sprint's Music Store. $2.49 is the standard, commonly accepted price for ringtones from a variety of wireless carriers. And it's hardly a secret that key players in the recording industry now regret having let Apple Computer set the per-song price for digital downloads at 99 cents, and are seeking higher prices. Both in numbers and buzz, ringtones are a big deal now. According to the Yankee Group, ringtones will probably be a $500 million business in the U.S. this year and a multibillion-dollar business globally.
But all that buzz has led the recording industry and the wireless carriers to a dangerous fantasy: Since people will pay $2.49 to download a snippet of a song, there's no reason they won't pay that much to download the whole thing. It's an enticing prospect, but one based on the idea that ringtones and downloads are similar. They're not; customers don't see them the same way and won't pay the same price for them, and no amount of wishful thinking will make them change their minds.
Read more about it by clicking here.
Clear Channel Eyes Net Distribution Deals
NEW YORK--Clear Channel Communications could possibly ink distribution deals with Yahoo or Apple Computer's iTunes music service by next year, a senior executive said on Wednesday.
The U.S. radio conglomerate, which is seeking as many distribution outlets as possible for its programs, has been in talks with Apple, Yahoo and Microsoft during the past year, according to John Hogan, chief executive of Clear Channel's radio division.
Read more about it by clicking here.
Media Revolutionaries Team With Old Guard
Anne Sweeney, president of Disney-ABC Television Group, opened her speech with a line probably more optimistically befitting the times than literally true.
"The beauty of our company is that we love chaos," she tells techies, movie and music executives sipping their morning coffee in a posh Century City hotel ballroom. "We embrace change as a part of life."
As the Disney executive associated with bringing small versions of "Lost" and "Desperate Housewives" to Apple Computer's video iPod, she speaks of change with some authority. With a recent series of small but consistent steps, the TV and film world has put itself squarely on the often-painful digitalization path traveled by the music industry over the last five years.
Just as transformations in the music business have made life difficult for retail music stores such as Tower Records or Sam Goody, the prospect of changes in TV and movie distribution is causing indigestion all the way down Hollywood's food chain.
Read more about it by clicking here.
FIRST IT WAS ABC-TV TO THE VIDEO IPOD
Now, Fox Filmed Entertainment is open to a deal with Apple Computer's iTunes music and video service, its co-chairman said Thursday. "Of course, we'd be open to that. We believe it would be a great opportunity," James Gianopulos said at the Reuters Media and Advertising Summit.
HALL OF FAME INDUCTEES
Black Sabbath, Miles Davis,the Sex Pistols, Blondie and Southern rockers Lynyrd Skynyrd are to be inducted into the Rock and Roll Hall of Fame at its annual induction ceremony March 13th, 2006 at the Waldorf Astoria Hotel in Manhattan. Herb Alpert and Jerry Moss, who founded A&M records in 1962, will receive a lifetime achievement award in the non-performer category.
GOING TO THE CHAPEL
Elton John telling Attitude magazine that he and partner David Furnish are planning a "very small family affair" to seal their civil partnership on Dec. 21, the effective date of the legislation creating civil partnerships in the UK. George Michael also entering into a civil partnership with his longtime boyfriend "early next year."
BREAKING UP IS HARD TO DO
Joss Stone breaking up with her boyfriend of two years, Beau Dozier, People magazine reports.
MADONNA TIES ELVIS
Meanwhile, the Material Girl matching Elvis Presley's record of 36 Top 10 hits as her new single, Hung Up, jumps to number seven on the Billboard Hot 100 singles chart.
CONGRATS
At age 60, Rod Stewart is a father again. His fiancée, Penny Lancaster, gave birth to a baby boy early Sunday morning at a London hospital, the couple announced Monday.
SIMON STAYS
Fox picking up American Idol for an additional five seasons, with judge Simon Cowell locked in to appear on each one. Fox also opting not to move 'American Idol' from its long-held Tuesday and Wednesday night time slots when it returns in January despite talk suggesting otherwise.
ROCK'N'ROLL AT THE SUPERBOWL
The Rolling Stones will headline the Super Bowl XL Halftime Show, it was announced Tuesday by the NFL and ABC, which is broadcasting the big game Feb. 5 at Detroit's Ford Field.
DMX DOES THE SLAMMER
A judge slapping DMX with a seven-day jail sentence Wednesday, after the rapper pleaded guilty Tuesday to driving with a suspended license last April. DMX is already serving a 70-day sentence after pleading guilty to a separate charge last month.
LENNY TO PLAY JIMI?
Lenny Kravitz reportedly in talks to play Jimi Hendrix in an upcoming biopic, per Fox News.
FOR A GOOD CAUSE
Alicia Keys and Bono teaming up to record the single "Don't Give Up (Africa)" and donating all proceeds to Keep a Child Alive, which provides medicine to families infected with AIDS and the HIV virus.
DEADHEADS GET BACK FREE DEAD DOWNLOADS
Surviving members of the Grateful Dead lifting ban on nonprofit Website from offering free downloads of its concerts. The ban provoked an uproar among die-hard fans and even some band members.
COMING SOON!
- Shakira, Oral Fixation Vol. 2 (11/29)
- INXS, Switch (11/29)
- The Darkness, One Way Ticket to Hell ... and Back (11/29)
- Dave Matthews Band, Weekend on the Rocks (11/29)
- T.A.T.U., Dangerous & Moving (11/29)
2005 Industry Conferences
Date Name Location International CES January 5-8, 2006 Las Vegas, NV
Quotes of the week
"They (Jessica Simpson and Nick Lachey) were going to make the (breakup) announcement much sooner, but they had to wait until Jessica knew how to spell irreconcilable...But, let me ask you a question. Is it too soon to be hitting on Jessica Simpson?
-- David Letterman"Do you know that the uniforms the Border Patrol wears are made in Mexico? I was as shocked as you. Why weren't these uniforms made in China?"
-- Jay Leno
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 Holiday Cocktail Mixer in NEW YORK
December 06, 2005, http://www.narip.com/index.php?page=events&id=19.
The B-Side - 'Blips'
MOBILE ENTREPRENEURS: TAMPA, Fla. -- A 40-foot motor home was converted into a strip club on wheels, offering alcohol and lap dances to football fans outside the stadium before kickoff of Sunday's Tampa Bay Buccaneers game, police said. Six women performed lap dances inside the motor home, charging $20 to $40 depending on whether they danced topless or totally nude, police said Tuesday. The vehicle, adorned with a sign for strip club Deja Vu, was parked across the street from Raymond James Stadium. Patrons paid a $20 cover charge and were served alcohol, said Tampa police Sgt. Bill Todd. Officers also caught a male patron smoking marijuana in the back of the vehicle. Three men connected to the club were charged with selling alcohol without a license and conspiring to violate beverage laws. One of them owned the motor home and was also charged with renting space for lewdness. All are misdemeanors.
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