Radar Waves

Getting better all the time: Beatles to go digital

Beatles_ipod303 Billboard is reporting that the Beatles are close to clearing their catalog for digital sale through iTunes. There's been plenty of recent chatter to suggest this was in the works (e.g. iPod-Apple and Beatles-Apple kiboshing their trademark dispute), but this time it comes straight from the cute horse's mouth -- Sir Paul, himself.

We wonder whether the Beatles catalog will fall into the EMI/iTunes agreement to sell un-crippled, DRM-free tracks. I'd like to think it will, but history tells us that, despite their early embrace of studio technowizardry, the keepers of the fab four flame have always erred -- and boy how they've erred -- on the side of luddism and technoparanoia.

Maybe the strangest thing about this is that anyone cares. I mean, the Beatles broke up before I was born, and I'm OLD. But whenever I teach my music course at USC Annenberg, and ask my kids what they've got on their iPods, more than 90% always raise their hands when I mention the band. Go figure.

UPDATE: Now it's (almost) official. EMI has confirmed that McCartney's entire post-Beatle solo catalog will be released digitally. Soon come Beatles. Can't wait to download Ram -- my vinyl version's getting a little clicky-poppy.

Posted by aram sinnreich on May 11, 2007 at 03:30 PM in DRM, Music | Permalink | Comments (0) | TrackBack (0)

EMI/iTunes announcing an end to DRM?

I'm pretty sure this isn't an April Fool's gag.

Got a couple of emails and phone calls today from the good folks over at EMI -- they're announcing something big tomorrow at 5am PDT (too early for me to rise -- even if the messiah came knocking, he'd have to wait). EMI honcho Eric Nicoli and Steve Jobs will be making a joint announcement about "AN EXCITING NEW DIGITAL OFFERING."

Based on recent rumblings, Jobs' disingenuous rant against DRM, and the fact that iTunes Music Store licenses are up again as of today, I'm betting the new announcement includes the following:
1. variable pricing
2. royalties on iPod sales
3. NO DRM!

That's just a guess. But if I'm right, this is pretty huge. An end to DRM would mean the real birth of a viable digital music market -- one that could even make up for the drop in CD sales. If all the majors get on board, and the iPod/iTMS blockade comes to a close, and consumers can actually fill their iPods with legally obtained, uncrippled major + indie label music for $100/year, I'll happily predict a $5 billion domestic digital music market within 5 years -- that is to say, by year-end 2012. (The domestic market was about $1B last year).

Of course, blanket licensing at the ISP level would be even better -- and currently represents one of the major "x-factors" in this crazy little chess game. More on that another time.

UPDATE:

Seems like the press release could be about something else entirely -- the long-hinted, never-arrived-at licensing of the Beatles catalog for digital distribution. This would also be pretty big -- speculation has typically placed the value of the catalogs' digital rights in the low billions, and word has been that EMI and the Beatles' publishing representatives wanted a heavy-duty upfront against royalties... Either way, tomorrow will probably be an interesting day.

UPDATE 2:

So it turns out I was right, by and large -- at least, on 2 out of 3 points. EMI is ending DRM for its digital catalog, and it's pumping the price point up to $1.29. In addition to the freedom of consumers to exercise their fair use rights, there will be an additional value-add in that the files will apparently be available in "bit rates up to CD quality" -- although every n00b knows that bitrates aren't everything -- there's a significant difference between MP3 and AAC at consistent bitrates, so they may just be plugging the quality gap between formats.

This is really pretty big news. The reasons are all tactical -- EMI wants to forestall any further talk of compulsory digital licenses (see above), not to mention sell more music, and Apple wants to forestall the otherwise inevitable loss of its market share to wireless competitors, esp. the carriers (look for the next generation of iTunes to have very robust, very prominent stream-my-library-to-my-phone capabilities -- just in time for the debut of the iPhone). However, the net effect is much larger; from the vantage point of history, this may very well be the day that the tide turned for the digital music industry, ushering in a period of peace, prosperity and rockin' good times for all. If only this kind of win-win-win situation were possible in the Middle East...

Incidentally, the only point on which I was wrong is that EMI apparently didn't demand (or didn't get) its pound of flesh, measured out in royalties from iPod sales. That's a multibillion-dollar pot of gold the labels would just love to dive into. Thank heavens, that would be a pretty disastrous direction for the industry to move in -- pretty soon, levees would be weighed against every piece of hardware that in any way handles digital media or information. Crisis averted, for now.

UPDATE 3:

Here's a link to a more in-depth article I wrote on this for Truthdig.com.

Posted by aram sinnreich on April 01, 2007 at 06:18 PM in DRM, IP/Copyright, Music, Radar in the News | Permalink | Comments (1) | TrackBack (0)

Napster CTO weighs in on Zune

PenceNapster CTO Bill Pence has written a pretty cogent answer to critics' concerns that Zune signals the end of Microsoft's support for its PlaysforSure DRM format (and therefore for the digital music subscription industry as we know it). He argues that Microsoft has every reason to develop Zune and PlaysforSure in parallel, the way they do XBOX and PC games.

Interestingly, the piece also has a thinly-veiled threat to Microsoft: abandon PlaysforSure, and the music industry may abandon DRM in return (fat chance, but I like his moxy):

the disappearance of an open platform could spell the end of DRM technology altogether, at least for digital music. Since I believe strongly that the market in the end must and will be based on interoperable digital formats, if DRM is used to erect barriers to that goal, then there is no question it will be swept aside, and the industry may end up with what many have believed was the obvious choice from the beginning: open MP3 files.


Posted by aram sinnreich on August 29, 2006 at 04:09 PM in DRM, Gadgets, Music, Web/Tech | Permalink | Comments (0) | TrackBack (0)

Another genie escapes: Blu-Ray and HD-DVD get hacked

Bluhd Ars Technica is reporting that some crafty German hackers have come out with a DeCSS equivalent for next-gen, high-definition movie disc formats Blu-Ray and HD-DVD.

Even if it isn't surprising, it's kind of ironic. Copy-protection has been one of the key issues in the escalating arms race between these rival formats, and rumor has it that the key reason the PS3 will be shipping so much later than Sony had anticipated is pressure from Fox studios to add additional layers of protection to the Blu-Ray format. When I recently moderated a panel on next-gen movie formats at the Digital Media Summit, it was all about security.

Of course, this new hack, which is apparently based on a script invoking the PrintScreen function (rather than decrypting the DRM), will no doubt be rendered harmless in short order by firmware upgrades to devices, but I have to say it doesn't bode well for any company that bases its strategy on preventing redistribution or remixing film content.

Movie fans should be psyched, though.

Posted by aram sinnreich on August 03, 2006 at 06:10 PM in DRM, Movies | Permalink | Comments (0) | TrackBack (0)

The name says it all: why Microsoft's Zune won't kill the iPod

Microsoftzune On Friday, Microsoft finally confirmed strategically-leaked rumors that it will be releasing an iPod-killer under the Zune brand later this year. I don't even know where to begin on this one.

First of all, the brand name alone is indication enough that MSFT is in above its depth. I mean, c'mon --a $245 billion market cap, and the best thing they can come up with is Zune? Sounds like the name of the comic relief alien on Bablyon 5. Didn't they do any freaking focus group tests? Seems like every time a big, established company wants to get in on some major trend they've missed, they come out with a half-baked product starting with the letter Z (marketing consultant types probably tell them the Z means they have "the last word" on the subject or some such stuff). Does anyone remember Disney's abortive effort to create an online kids portal called "Zeether"? Honestly, that was my first association.

Second, MSFT is apparently abandoning all of its established codecs and formats for the Zune. No WMA, no Janus/Plays4Sure, no URGE, no nothin'. WHAAAAAAAA????? That's like the Pittsburgh Steelers abandoning the football on their opponents' 80-yard line during the final seconds of the Superbowl. Or like Zinedine Zidane headbutting some guy right before the world cup match goes into overtime. I just don't get the strategy here; MSFT spends years and countless millions earning the goodwill of content providers, retailers, and other major music brands by creating the only functional cross-platform music formats, and then it just does an about-face, abandoning those partners with little or no warning? That's totally nuts.

Third, MSFT seems to think that imitating Apple's strategy is a good idea. This is so wrong for so many reasons. First of all, it's notoriously difficult to replicate a successful "walled garden" strategy. iPod/iTunes only works because it has pitch perfect integration of excellent (and super-sexy) hardware, software and retail. And even with Apple, the center cannot hold indefinitely; the reign of good king iPod is drawing to an end (but that's a post for another time). MSFT definitely can't compete on sexy, it has little or no retail expertise, and the chances of successful integration across the various company divisions required for this folly seem pretty close to nil. And besides all that, Apple can only get away with its ruthless monopolization (Will they ever license FairPlay to third party retailers? One can only hope...) because it's (mis)perceived as a scrappy underdog with good social intentions. MSFT, on the other hand, has been on the losing end of several antitrust suits (most recently in the EU), and is unlikely to escape the scrutiny of regulators if it continues to wall its gardens off from all the other potential cultivators of the digital music loam.

Fourth, XBOX team leader J Allard is apparently being called in to spearhead the Zune project. Cool, he certainly appears to be the one person over there who really understands (a) hardware, and (b) consumers, but wait a second -- who's going to be taking care of stuff over at XBOX while he's doing this? They're still number two, right? Seems like a bad time to turn their back on one of the few bright spots in the company portfolio. (Incidentally, XBOX is a decent brand. It's got the same late-alphabet desperation as Zune, but it's also got the what-will-they-do-next techy cachet of the iPod -- you know, a random letter placed before a nondescriptive noun.)

Fifth, what's the business model again? I thought that MSFT was only involved in hardware to the extent that it helps sell their core asset -- software. With Vista coming around the bend and the digital living room wars finally heating up, you would think MSFT would be working every ounce of mojo it's got to make sure that it controls the industry-standard DRM formats. But apparently all that's flown out the window now. So where does the money come from? Certainly not selling music, which has nonexistent margins for a la carte, and an Apple-hypnotized customer base who seem to despise subscriptions against their own best interests. Maybe they hope to get their money the same way Apple does -- by selling devices, with those nice, fat, 30 percent margins. Of course, Apple only gets those margins because they own the stores. Ok, then -- let's say MSFT sees a 15 percent margin on a product that retails for $300 (there's gotta be some price competition, right?). That's $45 per unit. How many are they going to sell? 1 million? 10 million? Even if they somehow sell 20 million devices, that delivers less that $1B in profits. That's a single-digit percentage boost for a company that made $33 billion in gross profit last year. Is that worth all the risk and mishegas?

Sixth, the Zune isn't just being billed as an iPod-competitor; it's supposed to be an iPod killer. But from the little we know of the feature set, I just don't see how this can possibly happen. It's got video -- whoop tee doo. It's got WiFi -- so does the PSP, and it hasn't killed the iPod yet. It interfaces with the XBOX -- wow, just what I need -- an MP3 player that talks to the second-place video game console. But, wait, you may say -- because of the WiFi, the Zune will allow users to trade songs with each other wirelessly. OK, that's kind of cool, but between record label restrictions and whatever DRM the thing is going to carry, it's a far cry from a portable LimeWire. So if I find someone else who also owns a Zune, who likes the same kind of music I do, they might have permission to send me a song that will probably evaporate from my player in a matter of days? It just sounds kludgey and unneccessary. Wireless will be very important for mobile music, but WiFi won't -- the real opportunity is in either WiMax or Carrier-based wireless services (can't wait to get Rhapsody or Pandora on my Treo, for which I'll gladly pay Sprint an extra $5 a month). Besides, the odds are Apple is already planning to integrate some kind of wireless into its 2007 iPods. So the feature differentiation vanishes in a puff of smoke.

All that being said, I'm hoping to finagle a free demo unit from MSFT when it finally ships. I'm a sucker for these things. Who knows, maybe I'll become a convert. Stay tuned...

Posted by aram sinnreich on July 24, 2006 at 07:12 PM in DRM, Gadgets, Music | Permalink | Comments (0) | TrackBack (0)

My role in the Sony/BMG rootkit suit: expert beancounting

I recently served as an expert witness in the class action suit regarding Sony/BMG's use of copy-protection software on its CDs. Here is a link to the declaration.

Posted by aram sinnreich on April 24, 2006 at 11:54 PM in DRM, Music, New Research, Politricks | Permalink | Comments (0) | TrackBack (0)

UMD R.I.P. -- Hurrah for Synergy!

Update031605_umd_1Another proprietary, super-secure Sony format bites the dust. Only a year after PSP's U.S. debut, and despite the device's overall success (28% market share by year-end 2005), the UMD movie format is dead in the water. Two major studios have stopped shipping the format, and Wal-Mart is yanking it off the shelves.

Why? Because no one is buying them. Let's take a look at the feature set, and see what's behind this malaise:

  • Lower quality than DVD (let alone Blu-Ray/HD-DVD)
  • DRM'ed up the wazoo (neither rippable nor writeable)
  • Can't be viewed on a TV screen
  • Can't be played on a device other than PSP

Wow, who wouldn't want to buy one of those at $15 a pop? Let's take a look at emerging consumer trends in the video space, and see how the UMD fares:

  • Increasing quality demands
  • Ripping, burning, remixing
  • Burgeoning home theater market
  • Focus on universal formats

Skull_crossbones Hmmmm. In the meantime, the PSP keeps getting hacked to allow DivX playback functionality, despite a constant barrage of firmware upgrades. Maybe the consumers are trying to tell Sony something....

The real question is, how many proprietary formats does Sony have to burn through before it realizes that "synergy" between its filmed entertainment and consumer electronics divisions doesn't mean using one as a hammer to drive consumer adoption of the other? Outside of the magic Apple kingdom, that kind of strategy just doesn't fly any more (and even Apple is now supporting Windows on its hardware).

Then again, Sony's got a lot of smart people working there. Maybe the strategy adds up over the long term. Let's see. If each failed format represents $100M in lost revenue or sunk costs, and each successful format represents $2B in bonus revenue, and they only succeed one out of ten times, they lose (10 X $100M = $1B) total and win (1 x $2B = $2B) total, which means they net a healthy profit of $1B for all their troubles. Even if that's true, though, is the net gain worth pissing off countless consumers, retailers, content providers and hardware manufacturers? Sure, a buck's a buck, right?

Ironically, this move will probably boost the value of UMD movies among a small enthusiast community, thanks to the sudden drop in supply. Guess I'd better start hoarding them for my wife, who's a PSP junkie.

Posted by aram sinnreich on April 06, 2006 at 05:43 PM in DRM, Gadgets, Games, Movies | Permalink | Comments (0) | TrackBack (0)

Big news: baby steps in the movie DL biz

Over the weekend, the big six studios announced plans to make movie DL's available for sale on MovieLink and CinemaNow (each of which is at least part-owned by studios). It's always astounding to me how the film industry routinely lags 5 years behind the "canary-in-the-coalmine" music business on tech and business model innovation, even to the point of repeating errors with near perfect fidelity. This announcement, which has its pros and cons, reminds me of nothing so much as the misbegotten strategy behind v1 of MusicNet and Pressplay.

Cn_top_logo_2 The pros: Now that mid-range PCs are shipping with DVD burners as a standard feature, P2P networks are full of DIVX movie rips, YouTube has skyrocketed up the ratings charts, and iTunes is selling TV and music video DL's faster than anyone -- myself included -- expected, no one can possibly argue that consumer demand for digital video isn't a mainstream phenomenon. The studios need to start addressing this growing demand proactively, rather than trying to play the same game of catch-up that has dogged the music biz. In other words, they should be digitizing files and clearing licenses as fast as their little lawyers can carry them. This is a welcome toe in the water from a sector that has done a lot of bitching and moaning but precious little business building.

Bg_movielink_header_2The cons: 1) DRM. The DVD still rules the roost when it comes to home theaters (XP Media Center Edition notwithstanding). Any attempt to sell downloadable movies that can't be burned to DVD video is doomed to failure in the near term. 2) Price point. $20-$30 for a downloadable movie file? When Wal-Mart sells DVDs for a Hamilton and BitTorrent has DIVX for free? What are they smoking? 3) Quality. As I said in my previous post, consumer expectations for video quality are on the rise. Every new HDTV owner is another consumer who will balk at building a library of digital files that look worse, cost more, and do less than a DVD. This is much truer for feature films than for music videos and TV episodes, which are not only shorter, but introduced to consumers via low-quality television rather than high-quality theatrical release. 4) Venue. If the music industry teaches the film industry anything in these trying times, it should be: LEAVE THE SELLING TO THE RETAILERS. MusicNet and PressPlay bombed in part because no one can be expected to sell content with the content providers breathing down their necks. To avoid the appearance of anti-competitiveness, and reach consumers where they already spend their dough, the studios need to license to a few sites people have actually heard of -- say, Amazon, Netflix, Wal-Mart and iTunes.

The bottom line: The studios are stuck between a rock (escalating consumer demand for digital video) and a hard place (an immature infrastructure and market). If I were in their shoes, I would wait until the net neutrality and broadcast flag issues play out before making any major steps. In the meantime, I would roll out immature and uncompelling first-gen services, just to demonstrate goodwill to consumers, shareholders and the feds. Come to think of it, that's exactly what they seem to be doing.

Posted by aram sinnreich on April 03, 2006 at 05:39 PM in DRM, Movies, Music, Old Media, Web/Tech | Permalink | Comments (0) | TrackBack (0)

Aram Squalls

terra non firma

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