The Digital Music Weblog http://digitalmusic.weblogsinc.com The Digital Music Weblog http://digitalmusic.weblogsinc.com/media/feedlogo.gif The Digital Music Weblog http://digitalmusic.weblogsinc.com en-us Copyright 2008 Blogsmith, LLC. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/Your ISP is the IFPI's next targethttp://digitalmusic.weblogsinc.com/2007/01/17/your-isp-is-the-ifpis-next-target/http://digitalmusic.weblogsinc.com/2007/01/17/your-isp-is-the-ifpis-next-target/http://digitalmusic.weblogsinc.com/2007/01/17/your-isp-is-the-ifpis-next-target/#commentsFiled under: , ,

According to the IFPI's "Digital Music Report 2007", your residential ISP is the their next front in the war on piracy.

The report spells out in pretty stark language exactly what the IFPI expects from the ISP who's services you pay for, "We should not be doing this job alone. With cooperation from ISPs we could make huge strides in tackling internet piracy globally. It is very unfortunate that it seems to need pressure from governments or even action in the courts to achieve this, but as an industry we are determined to see this campaign through to the end." (emphasis added)

It's unclear exactly what the IFPI wants ISPs to do but, it is pretty clear that they want it done now. With Bittorrent carrying more and more legal content every day, blocking a specific protocol or port is a non-starter. The next logical request would be that ISPs take up the business of data monitoring, inspecting what traverses their network and playing Big Brother by informing the IFPI, RIAA or law enforcement of what you're downloading at any given time.

Will 2007 be the year of the ISP nanny-state?
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]]>Grant Robertson2007-01-17T13:39:00+00:00Atlantic Monthly : Mp3 = VHS / DRM = Betamaxhttp://digitalmusic.weblogsinc.com/2007/01/12/atlantic-monthly-mp3-vhs-drm-betamax/http://digitalmusic.weblogsinc.com/2007/01/12/atlantic-monthly-mp3-vhs-drm-betamax/http://digitalmusic.weblogsinc.com/2007/01/12/atlantic-monthly-mp3-vhs-drm-betamax/#commentsFiled under: , , , , , ,

Michael Hirchshorn of The Atlantic Monthly takes a look at Web 2.0 music services and while drawing lines though a connect the dots progression comes up with several gems of inference. The highlight of which is a comparison of Mp3 to DRM "protected" media that contrasts VHS and Betamax, "One next step could be a move by the labels to make more pay-per-download music available without restriction, meaning that once you've purchased a song, you can do anything you want with it, currently a no-go on Zune or iTunes. Unrestricted MP3 sites could play VHS to iTunes's Betamax. However it occurs, though, the execution of a widely used free and free-flowing music download and sharing system is surely imminent."

Coolfer was struck by the same quote, and asks not "if" but "when" this whole magical convergence of factors will result in the reiterated statement, "everything will eventually become available everywhere for a price that will approach zero" will become fact rather than lore. We're already on record as saying DRM will die, so where and when can we expect the fiery crash and burn which we all agree is inevitable? I wanna bring marshmallows and watch the flames.
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]]>Grant Robertson2007-01-12T16:43:00+00:00Digital sales healthy, holiday sales figures may hang aroundhttp://digitalmusic.weblogsinc.com/2007/01/12/digital-sales-healthy-holiday-sales-figures-may-hang-around/http://digitalmusic.weblogsinc.com/2007/01/12/digital-sales-healthy-holiday-sales-figures-may-hang-around/http://digitalmusic.weblogsinc.com/2007/01/12/digital-sales-healthy-holiday-sales-figures-may-hang-around/#commentsFiled under: , , ,

I'm always enlightened when Glenn Coolfer grabs his calculator and starts making sense of the sales figures Billboard and Nielsen throw around. Often you find that when Coolfer works over the numbers he gleans insight that no one else is spouting.

This week is no different. While the nay-sayers are forecasting the demise of the music business (once again), Coolfer shows us that optimisim may be the better track, "Last week, digital track sales totaled over 21 million, a 29% drop from the previous week but still 61% higher than the same week in 2006. That 29% drop was an improvement over last year's 33% decline. In other words, sales are higher and are not dropping off the holiday peak as quickly as last year."

He's talking about the same week in which the Dreamgirls Soundtrack was the best thing going, which slipped into the top spot while only moving 66k copies. Its the same week Paul Resnikoff used to declare, "Album sales continue to drop year after year, and chart-topping releases are losing their sales potency. [...] the continued declines are generating anxiety among investors."

Patience and prudence Grasshopper. I say 2007 will end up a banner year, and the year we'll all look back on as the point when a solid transition was made from physical to digital. No doubt, it'll be a bit painful for some. Transition is never comfortable, nor should it be expected to be.

See also:
US Album sales slow during 07's first week
Fergie pops digital sales record, fails to credit humps
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]]>Grant Robertson2007-01-12T14:01:00+00:00Online consumers re-energizing music business?http://digitalmusic.weblogsinc.com/2007/01/11/online-consumers-re-energizing-music-business/http://digitalmusic.weblogsinc.com/2007/01/11/online-consumers-re-energizing-music-business/http://digitalmusic.weblogsinc.com/2007/01/11/online-consumers-re-energizing-music-business/#commentsFiled under: , , , ,

A new survey by The Digital Media Association says online consumers are driving music in new ways, and causing a renaissance among music fans.

According to the survey, "The vast majority of online music service users report that enjoying music over the Internet has expanded their musical tastes, allowing them to discover new artists and explore new music genres. About 25 percent reported having discovered a lot of new artists, while more than 60 percent of consumers surveyed say they have discovered some new artists. Nearly 7 in 10 online music consumers are enjoying new genres of music since listening to online music services."

A wider range of artists sharing a slightly growing pie is a great thing for music itself, although it puts the music industry in a precarious position. The major's need to learn to work with a model in which blockbuster albums are fewer and further between, and deeper catalog cuts move with a little more ease.


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]]>Grant Robertson2007-01-11T12:34:00+00:00Jupiter predicts digital sales through 2011http://digitalmusic.weblogsinc.com/2007/01/10/jupiter-predicts-digital-sales-through-2011/http://digitalmusic.weblogsinc.com/2007/01/10/jupiter-predicts-digital-sales-through-2011/http://digitalmusic.weblogsinc.com/2007/01/10/jupiter-predicts-digital-sales-through-2011/#commentsFiled under: , , , , , , , , ,

Jupiter Research has done some prognosticatin' and come to the conclusion that digital sales are going to keep on growing. In fact, if predictions hold true, digital sales will grow at a compounded rate of 16% per year, to a total of 2.5 billion dollars, or just over 22% of total US consumer spending on music.

Glenn Coolfer astutely observes, "Before you do any math, read a blog post about the survey by Jupiter analyst David Card. He explains something the press release does not: Jupiter did not count ringtone sales as digital revenues. He wrote, "Digital music sales will total 22 percent of US consumer music spending in 2011, and ring tones another 12 percent." Combined with download spending, the adjusted digital figure is actually 34%. That leaves the CD with about 66% of the market."

Subscription services are forecast to keep growing as well, with a staggering 32% compounded growth rate in just that category alone. Napster must be salivating but, frankly I don't see it. Unless some major shift comes along and changes the subscription landscape, or the Major labels relent to an eMusic style model, I just don't see how 32% growth in subscriptions is remotely possible.
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]]>Grant Robertson2007-01-10T14:45:00+00:00Major seizure of blank media, is this news?http://digitalmusic.weblogsinc.com/2007/01/09/major-seizure-of-blank-media-is-this-news/http://digitalmusic.weblogsinc.com/2007/01/09/major-seizure-of-blank-media-is-this-news/http://digitalmusic.weblogsinc.com/2007/01/09/major-seizure-of-blank-media-is-this-news/#commentsFiled under: ,

More proof that, if given their rathers, the IFPI would love to see blank optical media made illegal. In a recent press release the IFPI's piracy prevention team is touting the seizure of a large quantity of blank media as a major victory against pirates. "The goods in question had been declared as 'general electronics and optical media'; and showed some "risk factors" such as origination from Taiwan that prompted Customs to conduct a more thorough review."

Here's a tip for the IFPI .. smugglers don't actually declare what they're smuggling.

Anyone who reads a lot of press releases can tell that even the IFPI isn't sure how valid this seizure really is, "The investigation continues but preliminary intelligence indicates that the declared importers were fronting for a third party suspected of providing the blank optical media to the pirate market. The estimated retail value of the media seized was almost 25 million pesos or $US8 million."

See also:
IFPI accused of playing tough with Brazilian legal scholars
11 CD-R burners, 10,000 CDRs and a gun; IFPI puts Argentinian pir...
IFPI warns UK kids of the danger of downloading
IFPI rats on 30, one convicted
IFPI says Spanish filesharing ruling not such a big deal
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]]>Grant Robertson2007-01-09T13:30:00+00:00Eulogizing the CD, the ills of disposable musichttp://digitalmusic.weblogsinc.com/2007/01/08/eulogizing-the-cd-the-ills-of-disposable-music/http://digitalmusic.weblogsinc.com/2007/01/08/eulogizing-the-cd-the-ills-of-disposable-music/http://digitalmusic.weblogsinc.com/2007/01/08/eulogizing-the-cd-the-ills-of-disposable-music/#commentsFiled under: , , , ,

"The CD as it stands is dead", that's what Alain Levy of EMI told a packed room at London School of Business in October (Lomax's article says different but, we checked). John Nova Lomax of Houston Press is taking the time to eulogize it, examine why it's dying and take a cursory look at where the format is heading.

Lomax writes, "Looking back over the past 45 years, it is now plain that the move from vinyl to CD was not the bold step forward we were told it would be. CDs were not scratch-proof (as the labels had us believe early on), nor was the sound an improvement on vinyl -- indeed, most audiophiles argue that their sound is inferior. Jewel cases were ridiculously brittle -- they were rendered useless by a drop of four feet or so -- and they were hard to open, as were the huge and idiotic long-boxes CDs were packaged in well into the 1990s. Their visual appeal was almost always minimal and yet they took up what now seems like a lot of shelf space."

The truth is the CD, due to its fragility, has become a disposable item. One hipster quips in Lomax's article that she treats her music burned to CD with the same dismissive regard as she would treat any disposable lighter. As a culture, we're plenty fed up with disposable items which are sold to us as a "semi-durable" good. We know we'll be back to replace it far to early, and we feel ripped off when we find ourselves back in line again, holding a package full of the same empty promises we bought last time.
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]]>Alain LevyAlainLevycdCD eulogyCdEulogyEMImusic businessMusicBusinessGrant Robertson2007-01-08T16:36:00+00:00EU to criminalize filesharinghttp://digitalmusic.weblogsinc.com/2007/01/04/eu-to-criminalize-filesharing/http://digitalmusic.weblogsinc.com/2007/01/04/eu-to-criminalize-filesharing/http://digitalmusic.weblogsinc.com/2007/01/04/eu-to-criminalize-filesharing/#commentsFiled under: ,

Two powerful members of the EU Parliament are working to change EU copyright laws in such a way that practically any infringement of a copyright, no matter how small, could be punishable by exceedingly steep fines.

From P2P-Blog, "Fontaine and Fourtou introduced several amendments to the second Intellectual Property Enforcement Directive that is currently being debated by a committee of the European parliament. Some of them just consist of striking the words "on a commercial scale" out of the original proposal, thus making every act of copyright infringement a criminal offense."

Not only would Fontaine and Fourtou like to see the law expanded from commercial copyright infringement to reach any copyright infringement, they're also asking to increase minimum penalties. "Serious" cases could bring fines with a minimum price tag of €600,000, if the two get their way.

Think this is all the work of benevolent politicians with altruistic (albeit misguided) desires to halt piracy? Think again. Janelly Fourtou is married to the former Vivendi CEO Jean-René Fourtou; mon petite conflict of interest, no?

[via P2P-Blog]
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]]>copyright infringementCopyrightInfringementEUGrant Robertson2007-01-04T12:57:00+00:00German music biz to sue 1k users per monthhttp://digitalmusic.weblogsinc.com/2007/01/02/german-music-biz-to-sue-1k-users-per-month/http://digitalmusic.weblogsinc.com/2007/01/02/german-music-biz-to-sue-1k-users-per-month/http://digitalmusic.weblogsinc.com/2007/01/02/german-music-biz-to-sue-1k-users-per-month/#commentsFiled under: ,

The German arm of the IFPI, which has reportedly sued over 20,000 people since 2004, is planning to pick up the pace just a bit in the new year. IFPI Germany CEO Peter Zombik told reporters recently that his paramilitary group division of the IFPI plans to sue more than 1000 people a month in 2007.

Filesharing lawsuits within Germany work a bit differently than in other places around the globe. The German IFPI actually presses legal charges against anonymous users, and once the German authorities uncover their identities, they use the personal details gained to file a civil suit as well. It's a bizarre system that puts German tax payers on the hook for the identity discovery costs, which can be quite high. Even if the criminal prosecution fails, the user's identify has been revealed, and the IFPI can continue with their civil assault.

P2P blog also reports that the IFPI's efforts in Germany haven't exactly been an overwhelming success so far. P2P traffic accounts for up to 70% of the bandwidth usage within Germany's borders some evenings, according to a recent study. I guess Zombik figures, why let a little thing like results stand in your way?

[via P2P blog]
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]]>filesharingGermanyIFPIP2PPeter ZombikPeterZombikGrant Robertson2007-01-02T17:25:00+00:00LA Times wakes up, realizes that music biz is changinghttp://digitalmusic.weblogsinc.com/2006/12/13/la-times-wakes-up-realizes-that-music-biz-is-changing/http://digitalmusic.weblogsinc.com/2006/12/13/la-times-wakes-up-realizes-that-music-biz-is-changing/http://digitalmusic.weblogsinc.com/2006/12/13/la-times-wakes-up-realizes-that-music-biz-is-changing/#commentsFiled under: , , , , ,

It's the democratization of the music business, and it's becoming a trend to large to ignore. The LA Times reports on artists who've given up (or never wanted) a major label deal, and are instead finding success online.

"It's nice to have the deep pockets and clout of a major record company. [...] Nonetheless, the Web is turning into a viable alternative with which bands can develop a following and earn some money while still pursuing fame and fortune. Such popular groups as Britain's Arctic Monkeys used the Web extensively before getting a break. Indeed, music companies are embracing the Internet as a convenient way to scout new talent."

What's more, artists with online followings have a whole lot more negotiation clout when they do sit-down to discuss a deal. Making it in music is hard, and the internet hasn't changed that. What it has done, is serve to create a much more even (although still rather slanted) playing field in which the indie artist has a real fighting chance, something they definitely didn't have just 15 years ago. With music blogs playing the part that radio stations once did (and no sign of radio recovering from its glut of self serving poppycock), could we really be that far from taking the major label system and turning it on its ear?
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]]>DIYfinding an audienceFindingAnAudienceGlenn CoolferGlennCoolferindieLA TimesLaTimesmusic bizMusicBizmusician tipsMusicianTipsGrant Robertson2006-12-13T16:35:00+00:00TDMW Digital Rounduphttp://digitalmusic.weblogsinc.com/2006/12/13/tdmw-digital-roundup/http://digitalmusic.weblogsinc.com/2006/12/13/tdmw-digital-roundup/http://digitalmusic.weblogsinc.com/2006/12/13/tdmw-digital-roundup/#commentsFiled under: , , , ,

Sometimes the news just isn't that meaty. Here's a roundup of notable news that caught our eye, but didn't cause us to take up the pen.
Tip for The Digital Music Weblog obsessed; did you know that with a little effort you can follow the digital music stories that I stumble across? It's a little like stalking, without the messy legal issues.
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]]>Grant Robertson2006-12-13T13:22:00+00:00AllofMp3 says "We're not going anywhere"http://digitalmusic.weblogsinc.com/2006/12/01/allofmp3-says-were-not-going-anywhere/http://digitalmusic.weblogsinc.com/2006/12/01/allofmp3-says-were-not-going-anywhere/http://digitalmusic.weblogsinc.com/2006/12/01/allofmp3-says-were-not-going-anywhere/#commentsFiled under: , , ,


This week we told you the US Trade Representative is calling for AllofMp3's head on a pike. The flipside to that argument has surfaced, and it appears AllofMp3 has lawyered up, and retained the counsel of John Kheit, an IP attorney for Chadbourne & Parke in New York.

Ars Technica spoke with Kheit and has this gem of a quote, "AllofMP3 is legal, and it's not going anywhere," adding, "Legality is not decided by a legislative branch or an executive branch. It's decided by a court"

The question is, which court and under what jurisdiction? AllofMp3's legal grounds are fragile at best, and as useless as nipples on a boar at worst in my humble -- non-lawyer who took some pre-law undergrad courses and decided law wasn't for me -- opinion. However, Kheit is a smart guy, who holds a degree in Computer Science as well as an M.B.A and (obviously, as a practicing attorney) a J.D., he must understand something that I fail to see. I'm not sure in which court, or on what legal standing Kheit is planning to defend his client --AllofMp3 parent company Media Services -- but, I for one can't wait to hear his argument.

[via Ars Technica]
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]]>AllofMp3Ars TechnicaArsTechnicaJohn KheitJohnKheitGrant Robertson2006-12-01T14:49:00+00:00US and Russia target AllofMp3 for shutdown. Really, we swear.http://digitalmusic.weblogsinc.com/2006/11/28/us-and-russia-target-allofmp3-for-shutdown-really-we-swear/http://digitalmusic.weblogsinc.com/2006/11/28/us-and-russia-target-allofmp3-for-shutdown-really-we-swear/http://digitalmusic.weblogsinc.com/2006/11/28/us-and-russia-target-allofmp3-for-shutdown-really-we-swear/#commentsFiled under: , , ,


It's back again. The seemingly never-ending speculation about AllofMp3 and its entanglement with Russia's desire to join the World Trade Organization. This time there's some evidence of the validity of those claims, and a little bit of light shed on when AllofMp3 might be gone for good.

A document released by the US trade representative to Russia clearly spells out that AllofMp3 has been and still remains a concern for US trade officials, and lays out a time-line within which Russia is expected to act against the rouge music download site.

According to PC Magazine, "Russia said it would [...] act by June 1, 2007 to take action and prevent rights societies from taking action without consent of the rights holders themselves; AllofMP3.com claims it holds licenses from the Russian Licensing Societies, including the Federation of Rights Holders for Collective Management of Copyright with Respect to the Use of Musical Works in Interactive Regime (FAIR) and the Russian Organization on Collective Management of Rights of Authors and Other Right Holders in Multimedia, Digital Networks & Visual Arts (ROMS)."

We've heard claims like this before. Frankly, it's a little disconcerting that VISA seems to have more control over international piracy rings than the Russian authorities. We first declared AllofMp3 to be a walking dead-man back in February of 2005. Almost two years on it remains the Energizer Bunny of international piracy, selling tunes for pennies and allegedly forwarding payments to the Russian ROMS royalty overseers, who've been uncooperative with the record labels and have no authority to grant the licenses on which AllofMp3 bases its legal standing.

So, now you have it on good authority, AllofMp3 will be no more as of 6/1/2007. We swear. Kinda. Well, most likely. We think.

[via PC Mag]
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]]>allofmp3piracyGrant Robertson2006-11-28T19:34:00+00:00Source says no copyright extention for UK music bizhttp://digitalmusic.weblogsinc.com/2006/11/27/source-says-no-copyright-extention-for-uk-music-biz/http://digitalmusic.weblogsinc.com/2006/11/27/source-says-no-copyright-extention-for-uk-music-biz/http://digitalmusic.weblogsinc.com/2006/11/27/source-says-no-copyright-extention-for-uk-music-biz/#commentsFiled under: , ,

The fight to keep the UK copyright system as is -- rather than being extended to a period of 95 years from date of creation -- is getting a little boost from an independant review according to the BBC.

The BBC reports, "an independent review is to recommend the terms are not extended, a well-placed government source has said." Which, if heeded, would mean that the earliest Beatles recordings could fall into the public domain as early as 2013 and, that Sir Cliff Richard's earliest recordings -- who in his day was the British answer to Elvis -- could hit the public domain in 2008.

Needless to say, the IFPI and the BPI aren't the happiest of campers. John Kennedy, who in my estimation is an enemy of creativity worldwide threatens, "If the UK government decides not to support copyright equalisation, then the music industry will have to continue its campaign in Europe."

[via BBC]
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]]>copyright equalisationcopyright expansioncopyright extensioncopyright termCopyrightEqualisationCopyrightExpansionCopyrightExtensionCopyrightTermGrant Robertson2006-11-27T14:38:00+00:00Baidu off the hook in copyright infringement casehttp://digitalmusic.weblogsinc.com/2006/11/20/baidu-off-the-hook-in-copyright-infringement-case/http://digitalmusic.weblogsinc.com/2006/11/20/baidu-off-the-hook-in-copyright-infringement-case/http://digitalmusic.weblogsinc.com/2006/11/20/baidu-off-the-hook-in-copyright-infringement-case/#commentsFiled under: ,

Chinese search giant Baidu has won a battle in court against record labels who claimed that links to mp3s provided on other websites constitued piracy. The record companies, including EMI, Sony BMG, Warner Music and Universal Music demanded the suspension of its "download service" and 1.73 million yuan (216,250 dollars) in compensation but, were rebufed by the court which ruled that the search engine "did not constitute an infringement as all the music was downloaded from webservers of third parties"

A victory, maybe; but not for media perception. To quote the post-hoc ergo propter hoc logical landmine that is the Associate Foreign Press article, "As Internet usage has soared in Asia in recent years, the music industry's revenue has fallen dramatically, largely due to MP3 downloads from unauthorized sources." Granted, piracy in Asia is rampant but, it's hardly possible to lay the blame squarely on "mp3 downloads."

[via AFP]
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]]>Grant Robertson2006-11-20T13:11:00+00:00IFPI says Brits want copyright extended, actual Brits not so surehttp://digitalmusic.weblogsinc.com/2006/11/15/ifpi-says-brits-want-copyright-extended-actual-brits-not-so-sur/http://digitalmusic.weblogsinc.com/2006/11/15/ifpi-says-brits-want-copyright-extended-actual-brits-not-so-sur/http://digitalmusic.weblogsinc.com/2006/11/15/ifpi-says-brits-want-copyright-extended-actual-brits-not-so-sur/#commentsFiled under: , ,

A recent press release from the IFPI would lead one to believe that, if given their rathers, the Brits would hapilly take an extension of copyright to a proposed 95 years, as opposed to the current 50 year term.

From the release, "62 per cent of those polled agreed that UK artists should be protected for the same number of years as their American counterparts, by extending the term of copyright for sound recordings from its current 50 years to 95 years."

And certainly, if you ask the question in a very leading way such as, "Should UK artists enjoy the same copyright protections as their U.S. counterparts?", most people are going to say yes. Frankly, I'm surprised that such a loaded question only garnered a 62 percent share in the affirmative.

What most UK citizens probably don't realize; US copyright terms are only as long as they are because of a few heavy hitting and deep pocketed corporations who spent millions lobbying congress to extend their copyright terms (I'm looking at you, Disney). Until Mickey Mouse came dangerously close to retirement age, this wasn't an issue. Now, for the Brits, the issue revolves around The Beatles, who's first recordings reach 50 years of age around 2010, with the earliest bits from the Stones following just two years behind.

Artists are entitled to a fair and reasonable lifetime for the works they create, there isn't any argument about that. However, extending copyright to exceed the life expectancy of everyone who is living today is morally reprehensible, and a bad deal for artists and creators themselves. Music, literature and culture are building blocks. Each new work adds to the common meme and creates a new point from which to jump off. Had Disney faced the same copyright terms in the 1930's that they enjoy today, many of the stories they plucked from the public meme and created beautiful cartoons to illustrate would have been locked away from Disney's reach by copyright terms extending far beyond the lifespan of their original authors. What Disney did in the US, and what the IFPI, BPI and others are lobbying to do in the UK is helping to ensure that no one will ever start and build another Disney. This debate has precious little to do with the artists, and a whole lot to do with the publishers.
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]]>Grant Robertson2006-11-15T15:15:00+00:00P2P lawsuits are expensive for German taxpayershttp://digitalmusic.weblogsinc.com/2006/11/15/p2p-lawsuits-are-expensive-for-german-taxpayers/http://digitalmusic.weblogsinc.com/2006/11/15/p2p-lawsuits-are-expensive-for-german-taxpayers/http://digitalmusic.weblogsinc.com/2006/11/15/p2p-lawsuits-are-expensive-for-german-taxpayers/#commentsFiled under: ,

Jan K of the P2P Blog, who obviously reads German with a far greater amount of skill than I can muster writes, "The State Attorney General of Northrhine Westfalia Roswitha Müller-Piepenkötter now said that taxpayers have to pay millions to ISPs alone in order to get the information necessary for these lawsuits. In Germany an ISP can bill law enforcement officials for the work that is necessary to find the corresponding personal data connected to an IP address at a given time."

Since German courts won't cough up a subpoena to reveal the subscriber information the IFPI needs to sue in a civil action, they take another route. The IFPI files criminal charges against alleged P2P users, at which point Germany's attorney general's office has to deal with uncovering evidence. Once the Attorney General has uncovered the details of a broadband user's account data, the IFPI uses that information (which the German authorities paid the ISP to dig up) to sue in a civil action. So far, none of the criminal cases have gotten very far but, that's really of no concern to the IFPI.. they just want your address.

It's costing German taxpayers 35 to 40 dollars a shot to uncover the subscriber details, and when the IFPI decides to go after a few thousand people at a time, those costs really add up. Should the German taxpayer be forced to support the IFPI's fractured business model and flagging sales?

[via P2PBlog]
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]]>filesharinglawsuitsP2PpiracyGrant Robertson2006-11-15T13:29:00+00:00Universal Music Group vs. Music Listenershttp://digitalmusic.weblogsinc.com/2006/11/14/universal-music-group-vs-music-listeners/http://digitalmusic.weblogsinc.com/2006/11/14/universal-music-group-vs-music-listeners/http://digitalmusic.weblogsinc.com/2006/11/14/universal-music-group-vs-music-listeners/#commentsFiled under: , , , , ,


I've been holding my tongue a bit on the subject of UMG's demand that Microsoft cough up more than a buck per Zune sold, and Microsoft's acquiescence to what amounts to a tax on portable media devices. When coupled with Cary Sherman's recent slash and burn attack on fair use rights, and UMG chairman and CEO Doug Morris calling you a thief in Billboard Magazine, it's pretty clear that the RIAA and its member companies are beginning to circle the wagons for an all out attack on the way you pay for music.

Sean Ryan quips in Forbes, "The next question is whether they will demand a $1 royalty for each of my children, since they have ears, which can hear music, and a brain, which can store it. Or would that be $2 since they each have two ears?" But, does he put forward a proposition that is all that far fetched, or that much different than what UMG has demanded? Assuming most children the age of Sean Ryan's will own a portable media device (at least one) in their lives and, assuming that Universal Music Group gets a buck for each player sold (as they wish to do, and are doing in the case of Zune) then, the tax has already been passed. You didn't get a vote, you don't get a say and, unless you're willing to go totally old school and listen to your vinyl records in the dark ages, you'll be forced to pay up.

As much as Morris, Sherman, and a host of other industry wet blankets would like for it to be illegal for you to trans-code that CD you own into a format compatible with your Zune or your iPod, the laws of the United States beg to differ with them. Fair use is still fair use, and you still have every right to rip that CD you paid for, and listen to it anywhere you wish. You had that right with cassette tapes, the vinyl records that came before them and, aside from the DMCA making it illegal for you to crack the DRM on a bought and paid for digital download, you still have the right to listen to the music contained within that file in any way (and in any place, or any format) that you see fit.

What UMG has done is lay the first piece of framework for putting the kibosh on the democratization of the music industry. The RIAA labels have owned distribution in the United States (and made it difficult if not impossible for many small labels to get distribution) for decades and, just as a market for distribution sprang up that existed outside of their domination, they've managed to secure a loophole that will again put small independent labels on the sidelines.
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]]>Grant Robertson2006-11-14T16:44:00+00:00Six major airlines put iPod docks on passenger jetshttp://digitalmusic.weblogsinc.com/2006/11/14/six-major-airlines-put-ipod-docks-on-passenger-jets/http://digitalmusic.weblogsinc.com/2006/11/14/six-major-airlines-put-ipod-docks-on-passenger-jets/http://digitalmusic.weblogsinc.com/2006/11/14/six-major-airlines-put-ipod-docks-on-passenger-jets/#commentsFiled under: , , , ,

So, the Zune launch may be grabbing all the media attention but, the ubiquitous iPod today also claims a few inches of territory that could be incredibly important for business travelers, and market share.

Six major airlines, including Delta, United and Air France have announced plans to install docking ports for passengers that will not only allow your iPod to get some juice while you're racking up frequent flyer miles, but also allow you to watch that episode of 30 Rock you just bought from iTunes on the headrest screen in front of you.

Unfortunately, for now you won't be watching your latest video downloads on the flight from Peoria to Portland -- the service is only expected to be offered on business and first class seats and, only on international flights -- but, how long until docks for your media player become commonplace?

[via Reuters]
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]]>Grant Robertson2006-11-14T12:41:00+00:00IFPI says Spanish filesharing ruling not such a big dealhttp://digitalmusic.weblogsinc.com/2006/11/09/ifpi-says-spanish-filesharing-ruling-not-such-a-big-deal/http://digitalmusic.weblogsinc.com/2006/11/09/ifpi-says-spanish-filesharing-ruling-not-such-a-big-deal/http://digitalmusic.weblogsinc.com/2006/11/09/ifpi-says-spanish-filesharing-ruling-not-such-a-big-deal/#commentsFiled under:

That Spanish lawsuit which was thrown out of court when the judge declared personal copying to be a "socially accepted and widely practiced behavior" isn't such a big deal, says the IFPI.

For starters, a bit of important information seems to have been lost in translation. The defendant in the case did obtain music from P2P networks, but he then burned the music to CD-R and, although he promoted his compilations on-line, he used snail mail to actually distribute physical CDs. So, what was originally touted as solid precident in Spanish law for legal filesharing may really not change things at all.

In other IFPI related piracy news, a 47 year old Swedish man was fined €70,000 and given a 30 day suspended prison sentance for selling more than 400 illegally manufactured records within a six month period

[via The Digital Music News]
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]]>Digital Music NewsDigitalMusicNewsfair useFairUsefilesharingIFPIP2PPiracyGrant Robertson2006-11-09T14:24:00+00:00