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Last-minute deals keep the digital music flowing

Businesses in the realm of digital music can breathe a collective sigh of relief -- the proposed royalties hikes, which could have put webcasters like Pandora and music store titans like iTunes out of business, have been officially shot down.

The United States Copyright Royalty Board (CRB) chose to keep the current online music download rate at 9.1 cents per, stopping a maligned 6-to-15-cent rate increase dead in its tracks. Meanwhile, Senate legislators passed the Webcaster Settlement Act of 2008 Tuesday, which will allow royalties negotiations to continue between web radio operators, royalties-collection body SoundExchange, and the CRB judges.

This was a doom-and-gloom week for digital music fans, as two of the biggest names in their respective businesses – Pandora and iTunes – announced that a royalties hike could result in their demise.

The news was particularly startling for iTunes fans, as the popular online music store seemed indestructible with its runaway success. After five years, it grew from nothing more than a footnote in the iPod product line to being the top music retailer in the United States. Part of that success story lies in Apple’s legendary stubbornness in keeping its 99 cent-per-song price point, despite the fact that 70 percent of its per-track download income goes straight to the music publishers – placing the titan in an unusually precarious, cost-sensitive position.

The National Music Publishers Association, which asked for the rate hike on downloads, said it thinks it “established a case for an increase in the royalties,” noting that Apple keeps its prices low in order to “sell iPods.”

“We don't make a penny on the sale of an iPod,” said NMPA president David Israelite.

Had the rate hike passed, said Apple, iTunes would cease to be profitable.

When confronted with Apple’s threats, however, Israelite later mentioned that he “never took seriously the idea they would take the store down because of an increase.”

Pandora, and much of the rest of web radio, faced an even harder bargain. The CRB’s proposed rate increases, which Pandora has been fighting for the last year, would run the station out of business and exceed the income levels of its smaller brethren.

Plans for the Webcaster Settlement Act were nearly derailed for reasons unknown by the National Association of Broadcasters, which represents U.S. terrestrial radio stations and broadcasting companies like Clear Channel. Critics called the NAB’s actions an attempt to quell competition, while the organization offered no comment. Its opposition ceased Monday, however, when a NAB representative told C|Net that it stepped out of the ring after meeting with streamcasters and addressing their concerns directly.



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I'm Glad Itunes is still running
By Ryanman on 10/3/2008 8:59:17 AM , Rating: 3
Now I can continue to have ridiculous DRM on all the music I "licence" for use on my amazing Ipod.




RE: I'm Glad Itunes is still running
By Brandon Hill (blog) on 10/3/2008 9:03:26 AM , Rating: 5
Amazon MP3 Store > iTunes


RE: I'm Glad Itunes is still running
By reader1 on 10/3/2008 9:18:52 AM , Rating: 5
256 kbps AAC > 256 kbps MP3


RE: I'm Glad Itunes is still running
By jskirwin on 10/3/2008 9:37:39 AM , Rating: 5
Classical music e.g. Beethoven: 256 kbps AAC > 256 kbps MP3

Modern music e.g. Linkin Park: 256 kbps AAC = 256 kbps MP3


RE: I'm Glad Itunes is still running
By blaster5k on 10/3/2008 10:16:20 AM , Rating: 5
Used CDs from Amazon > 256kbps AAC

And sometimes even cheaper.


RE: I'm Glad Itunes is still running
By MrBlastman on 10/3/2008 11:38:37 AM , Rating: 5
Not only that, but you can make all the MP3/AAC/OGG files you want from that CD! :)

I've boycotted purchasing music from RIAA backed organizations for a long time, but purchasing a used CD certainly must not have any money going to the RIAA, right?


By BladeVenom on 10/3/2008 2:23:54 PM , Rating: 2
Same here. It's been a long time since the RIAA got any money from me.
http://www.riaaradar.com/


By omnicronx on 10/3/2008 12:41:03 PM , Rating: 2
Right on! Nothing can match good old CD quality.. unless you are into DVD-A and SACD's.. but thats a different issue ;)


By joex444 on 10/3/2008 12:39:11 PM , Rating: 5
Linkin Park < Beethoven


By omnicronx on 10/3/2008 12:40:03 PM , Rating: 2
Lame encoded mp3 > itunes AAC/MP3

AAC can be great, but the Itunes encoder is pure crap! For mp3 and AAC tracks.

I also do not like the way VBR works for Apple AAC, its not real VBR, and it is very constrained on the resulting bitrate. In other words, although it does allow spikes for more complex information (and dips for less complex), it rarely varies from the specified bitrate. This is why I find that at similar bitrates, the fact that LAME VBR actually does what it suppose too, outweighs most of its downfalls when comparing the two codecs.

When comparing 256kpbs AAC to 256kbps Lame VBR MP3, the differences between the two are negligible, and they both have their advantages and disadvantages. But really there is no clear winner, blind fold tests have proved this.


RE: I'm Glad Itunes is still running
By smegz on 10/3/2008 1:54:00 PM , Rating: 5
But iTunes is 128kbs AAC, not 256kbs :(

No DRM > ANY DRM

Rhapsody has a nice MP3 download section now too.


By icanhascpu on 10/4/2008 7:54:25 AM , Rating: 2
I'm sure you can hear the differance. -.-


RE: I'm Glad Itunes is still running
By Tamale on 10/3/2008 1:03:41 PM , Rating: 2
i rather like walmart's selection too.. and they've always been 256kbps mp3 with no drm.


By plonk420 on 10/3/2008 3:08:00 PM , Rating: 4
buying Lossy music formats < *


By thehat2k5 on 10/3/2008 5:15:39 PM , Rating: 2
I for one would have been happy to see iTunes go out of business like a bunch whiny brats. It would look good on em after only paying the artist 9 cents per download. lol. And heres Itunes going "whaaaaaahahaaaaa" sniffle sniffle


By thehat2k5 on 10/3/2008 5:19:28 PM , Rating: 1
I for one would have been happy to see iTunes go out of business like a bunch whiny brats. It would look good on em after only paying the artist 9 cents per download. lol. And heres Itunes going "whaaaaaahahaaaaa" sniffle sniffle


By Dreifort on 10/6/2008 4:29:16 PM , Rating: 2
iTunes ease of use > any website

That's why iTunes is so popular. Apple is a monopoly and has terrible tech support. Their #1 priority is not customer care. It's making $$$ - even at the sacrifice of current customers.

They botched their iTunes launch when they integrated Video Rentals. They told all their users it was their computer that was the problem.... it ended up being bad iTunes software in the end, but when Apple released a patch/update -- they still didn't admit a crappy release of their software.

They rused the video rental and could have cared less they lost customers because their iTunes took 10 mins to play a 2:10 song.

anything > Apple...

but iTunes has the greatest convience factor (functionality) right now. I will give them that - even though I hate iTunes performance.


By teng029 on 10/3/2008 5:10:06 PM , Rating: 2
no one is putting a gun to your head and making you buy anything from apple.


Brand Recognition...
By oxymojoe on 10/3/2008 10:12:39 AM , Rating: 2
Apple was pretty quick to say it would shut down iTunes, which makes little sense. Many companies operate a division at a loss, and make the money elsewhere, for various reasons.

It's hard to imagine Apple not running iPod + iTunes at a loss for some years before throwing in the towel. You don't have to be particularly astute to see that.





RE: Brand Recognition...
By Alias1431 on 10/3/2008 10:15:06 AM , Rating: 4
BLUFF.


RE: Brand Recognition...
By reader1 on 10/3/2008 10:34:51 AM , Rating: 5
If it was a bluff, it worked, but I doubt it was.

When the record companies demanded a portion of all iPod sales Steve Jobs never caved in. Bill Gates did though and record companies receive a cut from every Zune sale.