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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.


RE: Brand Recognition...
By omnicronx on 10/3/2008 12:47:13 PM , Rating: 1
quote:
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.
Ever wonder why Microsoft has unlimited zune downloads for 14.99 a month? He didnt cave, it was part of a deal..


RE: Brand Recognition...
By BladeVenom on 10/3/2008 2:38:58 PM , Rating: 4
It was an epic cave in. What kind of deal is that? Napster is only $12.95 a month.


RE: Brand Recognition...
By foolsgambit11 on 10/5/2008 5:05:52 PM , Rating: 2
Yes. $2.04 is epic. What's your allowance, may I ask? Because that's the only way I can see two bucks being epic from the point of view of somebody with internet access and time to browse DT. You must be able to order off the childrens' menu.

Additionally, while $12.95 will get you unlimited listening, as I understand it, to download to portable music devices, you have to do Napster To Go, which costs $14.95. So that's a $.04 difference. Oooh, aaaah, epic.
quote:
Napster To Go, the company's portable subscription tier, allows unlimited transfer of music for $14.95 per month (£14.95 per month in the UK) Users may transfer to their choice of PlaysForSure-compatible digital audio players, cell phones and PDAs in addition to unlimited streaming.


RE: Brand Recognition...
By chmilz on 10/3/2008 11:47:58 AM , Rating: 3
quote:
BLUFF


Exactly. I'd like to know how many people actually believed iTunes would simply shut down instead of making a slight adjustment to their pricing and business model, the same as all their competitors would.


RE: Brand Recognition...
By icanhascpu on 10/4/2008 7:57:06 AM , Rating: 1
If you knew anything about Apple and their stubborness for price points, you would think of yourself as just a big an idiot as I do. Apple doesnt bluff.


RE: Brand Recognition...
By chmilz on 10/4/2008 10:02:07 PM , Rating: 2
Yup. I'm an idiot. That's exactly what every company is in business to do, go out of business. Apple's the #1 online retailer for digital downloads, and they'd lay off all their employees, liquidate their assets, and watch their stock freefall (stocks which, in case you don't know, are what Steve Jobs takes in lieu of a salary), thus ensuring that every person involved would lose their shirts.

Yeah, that's exactly what they would have done. Or they would have raised their prices by $0.08 and continued to be #1.


WTF IS HE SMOKING????
By akugami on 10/3/2008 10:06:32 AM , Rating: 5
“We don't make a penny on the sale of an iPod,” said NMPA president David Israelite.

They're still harping on the fact that they make zero cents off of an iPod. Seriously, greedy bastards. I actually hoped they would raise the price of music. That way they can die a faster death.

They have the gall to accuse Apple of keeping prices low only to sell iPods, which is true, but neglect to mention that all music publishers to date have made little to no profit with many that are either going out of business or about to go out of business. This is due to the insane prices the music publishers charge. The way they make it sound, it's almost as if they were making pennies on the dollar. Well...that is true too. They only make 70 pennies on the dollar for doing 1% of the work.




RE: WTF IS HE SMOKING????
By lifeblood on 10/3/2008 10:35:34 AM , Rating: 5
My friend is a Real Estate agent and I occasionally go over to fix her PC which she uses to help sell houses. Do I deserve a cut from every house she sells? Hell no. Do the music companies deserve a cut of each iPod sold? Hell no. The NMPA can kiss my ass.


RE: WTF IS HE SMOKING????
By joex444 on 10/3/2008 12:40:08 PM , Rating: 3
Damn, and here the MPAA is making all this money off HDTVs...


RE: WTF IS HE SMOKING????
By Belard on 10/3/2008 3:51:55 PM , Rating: 2
That NMPA president David Israelite can go stick his head in a bucket of bullsh~ poo.

I suppose the NMPA should get a penny because I have a radio in my car? What a retard, thinking THEY should get money from hardware. They're getting money for the MUISC - which the artist still get a smaller cut than the record producers (usually).

To a certain degree, they may make less money than CDs since a person can buy 3-4 good songs from a 12 song album. But in the end, it works out about the same since Best buy has to make a profit for selling a CD. Theres manufacturing and freight costs for CDs. A digital download costs nothing, almost.


By reader1 on 10/3/2008 9:11:09 AM , Rating: 1
A monopoly is when a company dominates a market because it has an unfair advantage. Apple doesn't have any unfair advantages. They are dominating because of exceptional marketing, solid product design, and lackluster competition.

The PMP and digital media markets can't be monopolized because the content providers choose where to sell their products. The only way a PMP maker or digital media seller could have a monopoly is if all the content creators exclusively backed them, which will never happen.




By invidious on 10/3/2008 10:05:15 AM , Rating: 2
Chosing not to abuse a monopoly does not make it any less of a monopoly.

I'm not saying that Apple has a monopoly, just that your logic was preposterous.


By tmarat on 10/3/2008 10:17:18 AM , Rating: 1
Monopoly doesn't have anything to do with a company having an unfair advantage. An unfair advantage will of course help one to become a monopoly, but it could be due to other reasons, like good management. Becoming a monopoly isn't bad and isn't forbidden, after all each company tries to do that, namely capture the biggest share of the market. Abusing the monopoly position is forbidden.


By BladeVenom on 10/3/2008 2:45:50 PM , Rating: 2
If you want to talk about monopolistic practices, illegal collusion, and anti-trust violations the music industry is the worst.


Tis but a small battle amid a great war.
By iheartzoloft on 10/3/2008 9:31:40 AM , Rating: 2
A small battle has been fought. But fear not, the label juggernaught will return and likely with greater forces the next time around. Consider this a test of the battlefield for greedy label types. They will get their $$$ maybe not today... but soon.




By Bateluer on 10/3/2008 11:36:21 AM , Rating: 4
Nobody ever said the war was over. A battle was won. The war won't be over until the record labels collapse under their own stupidity.


I have a question...
By flydian on 10/3/2008 4:58:27 PM , Rating: 2
quote:
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.


So was this proposed rate hike supposed to be a direct increase in what the artist/composer got in royalties per track? Or was it just an increase in profits that the industry was promoting in the guise of "for the artist"?

I have no problem with the artist getting 15-24 cents per song instead of the current 9, but somehow I doubt they'd have truly seen much, if any, of this increase.




RE: I have a question...
By flydian on 10/3/2008 5:31:50 PM , Rating: 2
Edit: Oh wait, I forgot, royalties don't necessarily apply to the creator, especially in this industry. I guess the royalties go to "He who owns the rights to distribute the music", and they decide separately how little to compensate that ones who actually did the work.

Sorry about the silly question.


By uallas5 on 10/4/2008 7:48:34 AM , Rating: 3
quote:
“We don't make a penny on the sale of an iPod,” said NMPA president David Israelite.


Nor did they ever get a penny from the sale of CD players, or car stereos, or transistor AM radios, etc., etc. But when people by music playing devices, they buy the music to PLAY on these devices one way or the other.

That statement is just so ignorant an stupid my brain hurts just thinking about it. It's like an oil executive complaining that they don't get any money from the sale of a car. And this guy is the president and not just some flunky?!?! Wow, just wow.




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