art

1st label with more than half of sales from digital

art, business, tech in changing society / /

From Tim Arango’s “Digital Sales Surpass CDs at Atlantic” (The New York Times: 25 November 2008):

Atlantic, a unit of Warner Music Group, says it has reached a milestone that no other major record label has hit: more than half of its music sales in the United States are now from digital products, like downloads on iTunes and ring tones for cellphones.

…

At the Warner Music Group, Atlantic’s parent company, digital represented 27 percent of its American recorded-music revenue during the fourth quarter. (Warner does not break out financial data for its labels, but Atlantic said that digital sales accounted for about 51 percent of its revenue.)

With the milestone comes a sobering reality already familiar to newspapers and television producers. While digital delivery is becoming a bigger slice of the pie, the overall pie is shrinking fast. Analysts at Forrester Research estimate that music sales in the United States will decline to $9.2 billion in 2013, from $10.1 billion this year. That compares with $14.6 billion in 1999, according to the Recording Industry Association of America.

As a result, the hope that digital revenue will eventually compensate for declining sales of CDs — and usher in overall growth — have largely been dashed.

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George Clinton and the sample troll

art, business, history, law, tech in changing society, technology / /

From Tim Wu’s “On Copyright’s Authorship Policy” (Internet Archive: 2007):

On May 4, 2001, a one-man corporation named Bridgeport Music, Inc. launched over 500 counts of copyright infringement against more than 800 different artists and labels.1 Bridgeport Music has no employees, and other than copyrights, no reported assets.2 Technically, Bridgeport is a “catalogue company.” Others call it a “sample troll.”

Bridgeport is the owner of valuable copyrights, including many of funk singer George Clinton’s most famous songs – songs which are sampled in a good amount of rap music.3 Bridgeport located every sample of Clinton’s and other copyrights it owned, and sued based on the legal position that any sampling of a sound recording, no matter how minimal or unnoticeable, is still an infringement.

During the course of Bridgeport’s campaign, it has won two important victories. First, the Sixth Circuit, the appellate court for Nashville adopted Bridgeport’s theory of infringement. In Bridgeport Music, Inc. v. Dimension Films,4 the defendants sampled a single chord from the George Clinton tune “Get Off Your Ass and Jam,” changed the pitch, and looped the sound. Despite the plausible defense that one note is but a de minimus use of the work, the Sixth Circuit ruled for Bridgeport and created a stark rule: any sampling, no matter how minimal or undetectable, is a copyright infringement. Said the court in Bridgeport, “Get a license or do not sample. We do not see this as stifling creativity in any significant way.”5 In 2006 Bridgeport convinced a district court to enjoin the sales of the bestselling Notorious B.I.G. album, Ready to Die, for “illegal sampling.”6 A jury then awarded Bridgeport more than four million dollars in damages.7

The Bridgeport cases have been heavily criticized, and taken as a prime example of copyright’s excesses.8 Yet the deeper problem with the Bridgeport litigation is not necessarily a problem of too much copyright. It can be equally concluded that the ownership of the relevant rights is the root of the problem. George Clinton, the actual composer and recording artist, takes a much different approach to sampling. “When hip-hop came out,” said Clinton in an interview with journalist Rick Karr, “I was glad to hear it, especially when it was our songs – it was a way to get back on the radio.”9 Clinton accepts sampling of his work, and has released a three CD collection of his sounds for just that purpose.10 The problem is that he doesn’t own many of his most important copyrights. Instead, it is Bridgeport, the one-man company, that owns the rights to Clinton’s work. In the 1970s Bridgeport, through its owner Armen Boladian, managed to seize most of George Clinton’s copyrights and many other valuable rights. In at least a few cases, Boladian assigned the copyrights to Bridgeport by writing a contract and then faking Clinton’s signature.11 As Clinton puts it “he just stole ‘em.”12 With the copyrights to Clinton’s songs in the hands of Bridgeport – an entity with no vested interest in the works beyond their sheer economic value – the targeting of sampling is not surprising.

1 Tim Wu, Jay-Z Versus the Sample Troll, Slate Magazine, Nov. 16, 2006, http://www.slate.com/id/2153961/.

2 See Bridgeport Music, Inc.’s corporate entity details, Michigan Department of Labor & Economic Growth, available at http://www.dleg.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=190824&name_entity=BRIDGEPORT%20MUSIC,%20INC (last visited Mar. 18, 2007).

3 See Wu, supra note 1.

4 410 F.3d 792 (6th Cir. 2005).

5 Id. at 801.

6 Jeff Leeds, Judge Freezes Notorious B.I.G. Album, N.Y. Times, Mar. 21, 2006, at E2.

7 Id.

8 See, e.g., Matthew R. Broodin, Comment, Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Samping Copyright Infringemnt Claims—The Sixth Circuit’s Flawed Attempt at a Bright Line Rule, 6 Minn. J. L. Sci. & Tech. 825 (2005); Jeffrey F. Kersting, Comment, Singing a Different Tune: Was the Sixth Circuit Justified in Changing the Protection of Sound Recordings in Bridgeport Music, Inc. v. Dimension Films?, 74 U. Cin. L. Rev. 663 (2005) (answering the title question in the negative); John Schietinger, Note, Bridgeport Music, Inc. v. Dimension Films: How the Sixth Circuit Missed a Beat on Digital Music Sampling, 55 DePaul L. Rev. 209 (2005).

9 Interview by Rick Karr with George Clinton, at the 5th Annual Future of Music Policy Summit, Wash. D.C. (Sept. 12, 2005), video clip available at http://www.tvworldwide.com/showclip.cfm?ID=6128&clip=2 [hereinafter Clinton Interview].

10 George Clinton, Sample Some of Disc, Sample Some of D.A.T., Vols. 1-3 (1993-94).

11 Sound Generator, George Clinton awarded Funkadelic master recordings (Jun. 6, 2005), http://www.soundgenerator.com/news/showarticle.cfm?articleid=5555.

12 Clinton Interview, supra note 9.

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George Clinton and the sample troll

1 Comment / art, business, history, law, tech in changing society / /

From Tim Wu’s “On Copyright’s Authorship Policy” (Internet Archive: 2007):

On May 4, 2001, a one-man corporation named Bridgeport Music, Inc. launched over 500 counts of copyright infringement against more than 800 different artists and labels.1 Bridgeport Music has no employees, and other than copyrights, no reported assets.2 Technically, Bridgeport is a “catalogue company.” Others call it a “sample troll.”

Bridgeport is the owner of valuable copyrights, including many of funk singer George Clinton’s most famous songs – songs which are sampled in a good amount of rap music.3 Bridgeport located every sample of Clinton’s and other copyrights it owned, and sued based on the legal position that any sampling of a sound recording, no matter how minimal or unnoticeable, is still an infringement.

During the course of Bridgeport’s campaign, it has won two important victories. First, the Sixth Circuit, the appellate court for Nashville adopted Bridgeport’s theory of infringement. In Bridgeport Music, Inc. v. Dimension Films,4 the defendants sampled a single chord from the George Clinton tune “Get Off Your Ass and Jam,” changed the pitch, and looped the sound. Despite the plausible defense that one note is but a de minimus use of the work, the Sixth Circuit ruled for Bridgeport and created a stark rule: any sampling, no matter how minimal or undetectable, is a copyright infringement. Said the court in Bridgeport, “Get a license or do not sample. We do not see this as stifling creativity in any significant way.”5 In 2006 Bridgeport convinced a district court to enjoin the sales of the bestselling Notorious B.I.G. album, Ready to Die, for “illegal sampling.”6 A jury then awarded Bridgeport more than four million dollars in damages.7

The Bridgeport cases have been heavily criticized, and taken as a prime example of copyright’s excesses.8 Yet the deeper problem with the Bridgeport litigation is not necessarily a problem of too much copyright. It can be equally concluded that the ownership of the relevant rights is the root of the problem. George Clinton, the actual composer and recording artist, takes a much different approach to sampling. “When hip-hop came out,” said Clinton in an interview with journalist Rick Karr, “I was glad to hear it, especially when it was our songs – it was a way to get back on the radio.”9 Clinton accepts sampling of his work, and has released a three CD collection of his sounds for just that purpose.10 The problem is that he doesn’t own many of his most important copyrights. Instead, it is Bridgeport, the one-man company, that owns the rights to Clinton’s work. In the 1970s Bridgeport, through its owner Armen Boladian, managed to seize most of George Clinton’s copyrights and many other valuable rights. In at least a few cases, Boladian assigned the copyrights to Bridgeport by writing a contract and then faking Clinton’s signature.11 As Clinton puts it “he just stole ‘em.”12 With the copyrights to Clinton’s songs in the hands of Bridgeport – an entity with no vested interest in the works beyond their sheer economic value – the targeting of sampling is not surprising.

1 Tim Wu, Jay-Z Versus the Sample Troll, Slate Magazine, Nov. 16, 2006, http://www.slate.com/id/2153961/.

2 See Bridgeport Music, Inc.’s corporate entity details, Michigan Department of Labor & Economic Growth, available at http://www.dleg.state.mi.us/bcs_corp/dt_corp.asp?id_nbr=190824&name_entity=BRI DGEPORT%20MUSIC,%20INC (last visited Mar. 18, 2007).

3 See Wu, supra note 1.

4 410 F.3d 792 (6th Cir. 2005).

5 Id. at 801.

6 Jeff Leeds, Judge Freezes Notorious B.I.G. Album, N.Y. Times, Mar. 21, 2006, at E2.

7 Id.

8 See, e.g., Matthew R. Broodin, Comment, Bridgeport Music, Inc. v. Dimension Films: The Death of the Substantial Similarity Test in Digital Samping Copyright Infringemnt Claims—The Sixth Circuit’s Flawed Attempt at a Bright Line Rule, 6 Minn. J. L. Sci. & Tech. 825 (2005); Jeffrey F. Kersting, Comment, Singing a Different Tune: Was the Sixth Circuit Justified in Changing the Protection of Sound Recordings in Bridgeport Music, Inc. v. Dimension Films?, 74 U. Cin. L. Rev. 663 (2005) (answering the title question in the negative); John Schietinger, Note, Bridgeport Music, Inc. v. Dimension Films: How the Sixth Circuit Missed a Beat on Digital Music Sampling, 55 DePaul L. Rev. 209 (2005).

9 Interview by Rick Karr with George Clinton, at the 5th Annual Future of Music Policy Summit, Wash. D.C. (Sept. 12, 2005), video clip available at http://www.tvworldwide.com/showclip.cfm?ID=6128&clip=2 [hereinafter Clinton Interview].

10 George Clinton, Sample Some of Disc, Sample Some of D.A.T., Vols. 1-3 (1993-94).

11 Sound Generator, George Clinton awarded Funkadelic master recordings (Jun. 6, 2005), http://www.soundgenerator.com/news/showarticle.cfm?articleid=5555.

12 Clinton Interview, supra note 9.

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Offline copy protection in games

art, business, history, security, tech in changing society / /

From Adam Swiderski’s “A History of Copy Protection” (Edge: 9 June 2008):

Fortunately, the games industry is creative, and thus it was that the offline copy protection was born and flourished. One of its most prevalent forms was an in-game quiz that would require gamers to refer to the manual for specific information – you’d be asked, for example, to enter the third word in the fourth paragraph on page 14. Some titles took a punishing approach to this little Q & A: SSI’s Star Command required a documentation check prior to each in-game save, while Master of Orion would respond to a failed manual check by gradually becoming so difficult that it was impossible to win. Perhaps the most notorious example of this method is Sierra’s King’s Quest III, in which lengthy passages of potion recipes and other information had to be reproduced from the manual. One typo, and you were greeted with a “Game Over” screen.

Other developers eschewed straight manual checks for in-box tools and items that were more integrated into the games with which they shipped, especially once photocopiers became more accessible and allowed would-be pirates to quickly and easily duplicate documentation. LucasArts made a name for itself in this field, utilizing such gems as the Monkey Island series’ multi-level code wheels. Other games, like Maniac Mansion and Indiana Jones and the Last Crusade shipped with the kind of color-masked text one would find in old-school decoder rings; the documents could not be reproduced by the photocopiers of the day and would require the application of a transparent red plastic filter in order to get at their contents.

Offline copy protection in games Read More »

Biometric photo watermarking using your iris

art, business, science, security, tech in changing society / /

From Eric’s “Canon’s Iris Registration Mode – Biological Copyright Metadata” (Photography Bay: 9 February 2008):

A recent Canon patent application (Pub. No.: US 2008/0025574 A1) reveals the next step in digital watermarking – Iris Registration.

The short and sweet of it?

1. Turn the Mode dial to “REG”
2. Choose between “REG 1″ through “REG 5″ (for up to 5 registered users)
3. Put eye to viewfinder
4. Look at display of center distance measurement point
5. Press the shutter button
6. Iris image captured
7. Go shoot

Additional embedded info can be added later. All metadata will be added to images after you’re finished shooting in a collective manner and not for each image. The purpose of the collective tagging, if you will, is to refrain from hampering the camera’s speed (frames per second) while shooting.

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If concerts bring money in for the music biz, what happens when concerts get smaller?

art, business, history, law / /

From Jillian Cohen’s “The Show Must Go On” (The American: March/April 2008):

You can’t steal a concert. You can’t download the band—or the sweaty fans in the front row, or the merch guy, or the sound tech—to your laptop to take with you. Concerts are not like albums—easy to burn, copy, and give to your friends. If you want to share the concert-going experience, you and your friends all have to buy tickets. For this reason, many in the ailing music industry see concerts as the next great hope to revive their business.

…

It’s a blip that already is fading, to the dismay of the major record labels. CD sales have dropped 25 percent since 2000 and digital downloads haven’t picked up the slack. As layoffs swept the major labels this winter, many industry veterans turned their attention to the concert business, pinning their hopes on live performances as a way to bolster their bottom line.

Concerts might be a short-term fix. As one national concert promoter says, “The road is where the money is.” But in the long run, the music business can’t depend on concert tours for a simple, biological reason: the huge tour profits that have been generated in the last few decades have come from performers who are in their 40s, 50s, and 60s. As these artists get older, they’re unlikely to be replaced, because the industry isn’t investing in new talent development.

When business was good—as it was when CD sales grew through much of the 1990s—music labels saw concert tours primarily as marketing vehicles for albums. Now, they’re seizing on the reverse model. Tours have become a way to market the artist as a brand, with the fan clubs, limited-edition doodads, and other profitable products and services that come with the territory.

“Overall, it’s not a pretty picture for some parts of the industry,” JupiterResearch analyst David Card wrote in November when he released a report on digital music sales. “Labels must act more like management companies, and tap into the broadest collection of revenue streams and licensing as possible,” he said. “Advertising and creative packaging and bundling will have to play a bigger role than they have. And the $3 billion-plus touring business is not exactly up for grabs—it’s already competitive and not very profitable. Music companies of all types need to use the Internet for more cost-effective marketing, and A&R [artist development] risk has to be spread more fairly.”

The ‘Heritage Act’ Dilemma

Even so, belief in the touring business was so strong last fall that Madonna signed over her next ten years to touring company Live Nation—the folks who put on megatours for The Rolling Stones, The Police, and other big headliners—in a deal reportedly worth more than $120 million. The Material Girl’s arrangement with Live Nation is known in the industry as a 360-degree deal. Such deals may give artists a big upfront payout in exchange for allowing record labels or, in Madonna’s case, tour producers to profit from all aspects of their business, including touring, merchandise, sponsorships, and more.

While 360 deals may work for big stars, insiders warn that they’re not a magic bullet that will save record labels from their foundering, top-heavy business model. Some artists have done well by 360 contracts, including alt-metal act Korn and British pop sensation Robbie Williams. With these successes in mind, some tout the deals as a way for labels to recoup money they’re losing from downloads and illegal file sharing. But the artists who are offered megamillions for a piece of their brand already have built it through years of album releases, heavy touring, and careful fan-base development.

Not all these deals are good ones, says Bob McLynn, who manages pop-punk act Fall Out Boy and other young artists through his agency, Crush Management. Labels still have a lot to offer, he says. They pay for recording sessions, distribute CDs, market a band’s music, and put up money for touring, music-video production, and other expenses. But in exchange, music companies now want to profit from more than a band’s albums and recording masters. “The artist owns the brand, and now the labels—because they can’t sell as many albums—are trying to get in on the brand,” McLynn says. “To be honest, if an artist these days is looking for a traditional major-label deal for several hundred thousand dollars, they will have to be willing to give up some of that brand.

”For a young act, such offers may be enticing, but McLynn urges caution. “If they’re not going to give you a lot of money for it, it’s a mistake,” says the manager, who helped build Fall Out Boy’s huge teen fan base through constant touring and Internet marketing, only later signing the band to a big label. “I had someone from a major label ask me recently, ‘Hey, I have this new artist; can we convert the deal to a 360 deal?’” McLynn recalls. “I told him [it would cost] $2 million to consider it. He thought I was crazy; but I’m just saying, how is that crazy? If you want all these extra rights and if this artist does blow up, then that’s the best deal in the world for you. If you’re not taking a risk, why am I going to give you this? And if it’s not a lot of money, you’re not taking a risk.”

A concert-tour company’s margin is about 4 percent, Live Nation CEO Michael Rapino has said, while the take on income from concessions, T-shirts, and other merchandise sold at shows can be much higher. The business had a record-setting year in 2006, which saw The Rolling Stones, Madonna, U2, Barbra Streisand, and other popular, high-priced tours on the road. But in 2007, North American gross concert dollars dropped more than 10 percent to $2.6 billion, according to Billboard statistics. Concert attendance fell by more than 19 percent to 51 million. Fewer people in the stands means less merchandise sold and concession-stand food eaten.

Now add this wrinkle: if you pour tens of millions of dollars into a 360 deal, as major labels and Live Nation have done with their big-name stars, you will need the act to tour for a long time to recoup your investment. “For decades we’ve been fueled by acts from the ’60s,” says Gary Bongiovanni, editor of the touring-industry trade magazine Pollstar. Three decades ago, no one would have predicted that Billy Joel or Rod Stewart would still be touring today, Bongiovanni notes, yet the industry has come to depend on artists such as these, known as “heritage acts.” “They’re the ones that draw the highest ticket prices and biggest crowds for our year-end charts,” he says. Consider the top-grossing tours of 2006 and 2007: veterans such as The Rolling Stones, Rod Stewart, Barbra Streisand, and Roger Waters were joined by comparative youngsters Madonna, U2, and Bon Jovi. Only two of the 20 acts—former Mouseketeers Justin Timberlake and Christina Aguilera—were younger than 30.

These young stars, the ones who are prone to taking what industry observer Bob Lefsetz calls “media shortcuts,” such as appearing on MTV, may have less chance of developing real staying power. Lefsetz, formerly an entertainment lawyer and consultant to major labels, has for 20 years published an industry newsletter (now a blog) called the Lefsetz Letter. “Whatever a future [superstar] act will be, it won’t be as ubiquitous as the acts from the ’60s because we were all listening to Top 40 radio,” he says.

From the 1960s to the 1980s, music fans discovered new music primarily on the radio and purchased albums in record stores. The stations young people listened to might have played rock, country, or soul; but whatever the genre, DJs introduced listeners to the hits of tomorrow and guided them toward retail stores and concert halls.

…

Today, music is available in so many genres and subgenres, via so many distribution streams—including cell phones, social networking sites, iTunes, Pure Volume, and Limewire—that common ground rarely exists for post–Baby Boom fans. This in turn makes it harder for tour promoters to corral the tens of thousands of ticket holders they need to fill an arena. “More people can make music than ever before. They can get it heard, but it’s such a cacophony of noise that it will be harder to get any notice,” says Lefsetz.

…

Most major promoters don’t know how to capture young people’s interest and translate it into ticket sales, he says. It’s not that his students don’t listen to music, but that they seek to discover it online, from friends, or via virtual buzz. They’ll go out to clubs and hear bands, but they rarely attend big arena concerts. Promoters typically spend 40 percent to 50 percent of their promotional budgets on radio and newspaper advertising, Barnet says. “High school and college students—what percentage of tickets do they buy? And you’re spending most of your advertising dollars on media that don’t even focus on those demographics.” Conversely, the readers and listeners of traditional media are perfect for high-grossing heritage tours. As long as tickets sell for those events, promoters won’t have to change their approach, Barnet says. Heritage acts also tend to sell more CDs, says Pollstar’s Bongiovanni. “Your average Rod Stewart fan is more likely to walk into a record store, if they can find one, than your average Fall Out Boy fan.”

…

Personally, [Live Nation’s chairman of global music and global touring, Arthur Fogel] said, he’d been disappointed in the young bands he’d seen open for the headliners on Live Nation’s big tours. Live performance requires a different skill set from recorded tracks. It’s the difference between playing music and putting on a show, he said. “More often than not, I find young bands get up and play their music but are not investing enough time or energy into creating that show.” It’s incumbent on the industry to find bands that can rise to the next level, he added. “We aren’t seeing that development that’s creating the next generation of stadium headliners. Hopefully that will change.”

Live Nation doesn’t see itself spearheading such a change, though. In an earlier interview with Billboard magazine, Rapino took a dig at record labels’ model of bankrolling ten bands in the hope that one would become a success. “We don’t want to be in the business of pouring tens of millions of dollars into unknown acts, throwing it against the wall and then hoping that enough sticks that we only lose some of our money,” he said. “It’s not part of our business plan to be out there signing 50 or 60 young acts every year.”

And therein lies the rub. If the big dog in the touring pack won’t take responsibility for nurturing new talent and the labels have less capital to invest in artist development, where will the future megatour headliners come from?

…

Indeed, despite its all-encompassing moniker, the 360 deal isn’t the only option for musicians, nor should it be. Some artists may find they need the distribution reach and bankroll that a traditional big-label deal provides. Others might negotiate with independent labels for profit sharing or licensing arrangements in which they’ll retain more control of their master recordings. Many will earn the bulk of their income from licensing their songs for use on TV shows, movie soundtracks, and video games. Some may take an entirely do-it-yourself approach, in which they’ll write, produce, perform, and distribute all of their own music—and keep any of the profits they make.

There are growing signs of this transition. The Eagles recently partnered with Wal-Mart to give the discount chain exclusive retail-distribution rights to the band’s latest album. Paul McCartney chose to release his most recent record through Starbucks, and last summer Prince gave away his newest CD to London concertgoers and to readers of a British tabloid. And in a move that earned nearly as much ink as Madonna’s 360 deal, rock act Radiohead let fans download its new release directly from the band’s website for whatever price listeners were willing to pay. Though the numbers are debated, one source, ComScore, reported that in the first month 1.2 million people downloaded the album. About 40 percent paid for it, at an average of about $6 each—well above the usual cut an artist would get in royalties. The band also self-released the album in an $80 limited-edition package and, months later, as a CD with traditional label distribution. Such a move wouldn’t work for just any artist. Radiohead had the luxury of a fan base that it developed over more than a dozen years with a major label. But the band’s experiment showed creativity and adaptability.

If concerts bring money in for the music biz, what happens when concerts get smaller? Read More »

10,000 hours to reach expertise

art, education, science / /

From Malcolm Gladwell’s “A gift or hard graft?” (The Guardian: 15 November 2008):

This idea – that excellence at a complex task requires a critical, minimum level of practice – surfaces again and again in studies of expertise. In fact, researchers have settled on what they believe is a magic number for true expertise: 10,000 hours.

“In study after study, of composers, basketball players, fiction writers, ice-skaters, concert pianists, chess players, master criminals,” writes the neurologist Daniel Levitin, “this number comes up again and again. Ten thousand hours is equivalent to roughly three hours a day, or 20 hours a week, of practice over 10 years… No one has yet found a case in which true world-class expertise was accomplished in less time. It seems that it takes the brain this long to assimilate all that it needs to know to achieve true mastery.”

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6 reasons why “content” has been devalued

art, business, history, law, technology / /

From Jonathan Handel’s “Is Content Worthless?” (The Huffington Post: 11 April 2008):

Everyone focuses on piracy, but there are actually six related reasons for the devaluation of content. The first is supply and demand. Demand — the number of consumers and their available leisure time – is relatively constant, but supply — online content — has grown enormously in the last decade. Some of this is professional content set free from boundaries of time and space, now available worldwide, anytime, and usually at no cost (whether legally or not). Even more is user generated content (UGC) — websites, blogs, YouTube videos — created by non-professionals who don’t care whether they get paid, and who themselves pay little or nothing to create and distribute it.

The second is the loss of physical form. It just seems natural to value a physical thing more highly than something intangible. Physical objects have been with us since the beginning of time; distributable intangible content has not. Perhaps for that reason, we tend to focus on per-unit costs (zero for an intangible such as a movie download), while forgetting about fixed costs (such as the cost of making the movie in the first place). Also, and critically, if you steal something tangible, you deny it to the owner; a purloined DVD is no longer available to the merchant, for instance. But if you misappropriate an intangible, it’s still there for others to use. …

The third reason is that acquiring content is increasingly frictionless. It’s often easier, particularly for young people, to access content on the Internet than through traditional means. …

Fourth is that most new media business models are ad-supported rather than pay per view or subscription. If there’s no cost to the user, why should consumers see the content as valuable, and if some content is free, why not all of it? …

Fifth is market forces in the technology industry. Computers, web services, and consumer electronic devices are more valuable when more content is available. In turn, these products make content more usable by providing new distribution channels. Traditional media companies are slow to adopt these new technologies, for fear of cannibalizing revenue from existing channels and offending powerful distribution partners. In contrast, non-professionals, long denied access to distribution, rush to use the new technologies, as do pirates of professional content. As a result, technological innovation reduces the market share of paid professional content.

Finally, there’s culture. A generation of users has grown up indifferent or hostile to copyright, particularly in music, movies and software.

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John Berryman’s suicide note

art, history, language & literature / /

From Steve Marsh’s “Homage to Mister Berryman” (Mpls St Paul Magazine: September 2008):

Berryman’s last words to Kate came on that January morning—he told her he was going to campus to clean his office. He had never said that before, she says, but Kate, who was attending Al-Anon meetings at the time, was trying “not to manage this situation.” Berryman had actually been sober for several months following repeated periods of hospitalization, twice at St. Mary’s and once at Hazelden. “But he had developed a hum,” Kate says. “He would hum all the time. And he stopped talking very much.”

After his suicide, Kate found a note written on the back of an envelope in a wastebasket.

O my love Kate, you did all you could.
I’m unemployable & a nuisance.
Forget me, remarry, be happy.

John Berryman’s suicide note Read More »

Russian music sites

art, business, technology / /

I just had a student email me asking about Russian music download sites. Here’s what I told him:

http://www.mp3sparks.com isn’t accepting payments. Dunno why. They haven’t for a long time, so they’re out of the picture, as far as I’m concerned.

I recommend looking at http://www.mp3fiesta.com now, as well as http://www.mp3sugar.com.

There’s a huge list of Russian music sites here: http://www.squidoo.com/russianmp3sites

Lots of good info there.

Oh, and don’t forget the Amazon MP3 store. It’s actually nice – cheaper than Apple, but not as cheap as the Russians!

Russian music sites Read More »

Web design contrasted with graphic design

art, business, technology / /

From Joshua Porter’s “Do Canonical Web Designs Exist?” (Bokardo: 14 November 2007):

… web designers necessarily approach design from a different perspective than graphic designers.

Graphic designers can judge by looking. Web designers cannot. Web designers must judge by doing (or observing others doing). The problem is that too many people judge web designs without actually using them. Instead, they look. When you use the shortcut of looking, you tend to judge what you’re looking at: the visuals. But when you use something, your relationship to that thing necessarily changes. I wonder how often Armin uses Google.

That’s why web design is different. Peer production, in particular, is extremely different. When I buy a book on Amazon, when you buy a book, we change the way the site works for someone else buying books, which is in turn changed by the reviews we write afterward. Is this not amazing design?

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Scarcities and the music, movie, and publishing businesses

art, business, on writing / /

In Clay Shirky’s response to R.U. Sirius’ “Is The Net Good For Writers?” (10 Zen Monkeys: 5 October 2007), he takes on the persona of someone talking about what new changes are coming with the Gutenberg movable type press. At one point, he says, “Such a change would also create enormous economic hardship for anyone whose living was tied to earlier scarcities.”

It’s not just writing and writers and publishers that now face that change. Scarcities drove the music and movie businesses, and those scarcities are disappearing. When music is no longer tightly controlled in terms of creation, availability, manufacture, and distribution, when it’s possible to download or listen to anything at any time, those businesses face rapid, discombobulating change.

Is it the government’s – or society’s – duty, however, to put those scarcities back into place, either through technologies or law?

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Like music, authors will make more money from personal appearances

art, business, on writing / /

From Douglas Rushkoff’s response to R.U. Sirius’ “Is The Net Good For Writers?” (10 Zen Monkeys: 5 October 2007):

But I think many writers – even good ones – will have to accept the fact that books can be loss-leaders or break-even propositions in a highly mediated world where showing up in person generates the most income.

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The Internet makes (sloppy) writers of nearly everyone

art, on writing, technology / /

From Adam Parfrey’s response to R.U. Sirius’ “Is The Net Good For Writers?” (10 Zen Monkeys: 5 October 2007):

I like the internet and computers for their ability to make writers of nearly everyone. I don’t like the internet and computers for their ability to make sloppy and thoughtless writers of nearly everyone.

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The shift from interior to exterior lives

art, on writing, technology / /

From Mark Dery’s response to R.U. Sirius’ “Is The Net Good For Writers?” (10 Zen Monkeys: 5 October 2007):

But we live in times of chaos and complexity, and the future of writing and reading is deeply uncertain. Reading and writing are solitary activities. The web enables us to write in public and, maybe one day, strike off the shackles of cubicle hell and get rich living by our wits. Sometimes I think we’re just about to turn that cultural corner. Then I step onto the New York subway, where most of the car is talking nonstop on cellphones. Time was when people would have occupied their idle hours between the covers of a book. No more. We’ve turned the psyche inside out, exteriorizing our egos, extruding our selves into public space and filling our inner vacuums with white noise.

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Micro-nations

art, history, law, politics, weird / /

From George Pendle’s “New Foundlands” (Cabinet: Summer 2005):

Call them micro-nations, model countries, ephemeral states, or new country projects, the world is surprisingly full of entities that display all the trappings of established independent states, yet garner none of the respect. The Republic of Counani, Furstentum Castellania, Palmyra, the Hutt River Province, and the Empire of Randania may sound fantastical, but they are a far cry from authorial inventions, like C.S. Lewis’s Narnia or Swift’s Laputa. …

Such idiosyncratic nation-building can trace its roots back to the early nineteenth century, when even the mightiest empire had yet to consolidate its grip on the more far-flung regions of the world. The swampland of the Mosquito Coast was just such an untouched area, and it was here that the Scottish adventurer Gregor MacGregor decided to found his new kingdom – the Territory of Poyais.

…

The Territory of Poyais displayed many of the themes that would appear in micro-nations for the next century-and-a-half: Firstly, that the love of money is usually a significant incentive in a micro-nation’s foundation. Secondly, that a micro-nation’s founders will always bestow upon themselves thoroughly dramatic titles. Thirdly, that since all the world’s good spots have been taken, micro-nations are usually gifted with dire and hazardous geography. And finally, should any other country enquire into the status of a micro-nation, it is liable to collapse.

For example, take the Republic of Indian Stream, a self-declared republic in North America that existed from 1832 to 1835. An ambiguous border treaty between Britain and the U.S. had created a 500-square mile legal loophole between Canada and the state of New Hampshire. Three hundred enterprising American citizens, all hoping to avoid federal taxes, quickly established a government and constitution and declared Indian Stream a sovereign state. The Republic went unchallenged, but when one of its members was arrested for unpaid debts and taken to serve time in a debtors’ prison in Canada, the Republic of Indian Stream swiftly planned a counterstrike. Crossing the border into Canada, they shot up a local judge’s house, broke their fellow “Streamer” out of prison, and returned triumphantly home. This bravado did not last for long. By the next morning, doubts about the attack were mustering, British retaliation was feared, and before long the Republic voted to be annexed by the New Hampshire militia. Indian Stream was soon incorporated into the state where its libertarian longing would continue to be nurtured for years to come.

…

One of the major problems in founding a new country, second only to being ignored, is the threat of invasion by a more legitimate nation. As a result, when a group of Ayn Rand disciples tried, in 1969, to set up a new country named Oceana, defense of the realm was paramount. Even though the exact location for Oceana had not been definitely fixed, boot camps were organized for all those who wanted to live there. Most ominously of all, plans were made to steal a nuclear missile, the ultimate deterrent should another country come knocking on their door. Fortunately the group was disorganized and lacking in funds, and when the ringleaders decided to rob a bar to fund their project, the hapless group was promptly arrested and their startling story discovered.

…

The United States Office of the Geographer stresses that five factors are needed to become a country: space, population, economic activity, government structure, and recognition from other countries. Of these, it is the last factor that has always been the hardest to attain. However, one micro-nation has perhaps come closer to fulfilling these requirements than any other. Founded by a former “pirate” radio operator, Paddy Roy Bates, Sealand is situated on an abandoned World War II anti-aircraft tower, seven miles off the British coast. Consisting of 550 square meters of solid steel, it was declared independent by “Prince” Roy in 1967. (The country’s initial economic activity consisted largely of selling passports and minted coins – both common practices amongst modern micro-nations out to make a quick buck).

…

Just as Sealand now plays host to the Internet, it is the Internet that has revealed itself as the host for a whole new generation of fictional state projects. As the libertarian fetish for micro-nations weakens, the virtual geography of the Internet grants a modicum of affordable tangibility to new micro-nations, without any of the traditional perils associated with abandoned anti-aircraft platforms or disputed South Pacific atolls.

…

In comparison, the Royal Kingdom of Elgaland-Vargaland (KREV) has no pull on believability. Although it claims physical territory, it insanely suggests that this consists of all the border frontier areas between all countries on earth. In doing so, the joint kings of KREV (for even these post-modern micro-nations can rarely resist the traditional attraction of a royal title) seem to be taking the artist Gordon Matta-Clark’s “Fake Estates” project – in which Matta-Clark bought small, inaccessible, and unusable lots of land, situated between buildings – to its furthest logical extension. KREV is a country made up of the intersections between real countries, a nation of negative space – a micro-nation that is best to debate rather than to visit.

Micro-nations listed in the article:

  •   the Republic of Counani  
  •   Furstentum Castellania  
  •   Palmyra  
  •   the Hutt River Province  
  •   the Empire of Randania  
  •   the Territory of Poyais  
  •   the Territory of Poyais  
  •   the Republic of Indian Stream  
  •   the Principality of Outer Baldonia  
  •   Oceana  
  •   Sealand  
  •   the Republic of Howland, Baker and Jarvis  
  •   the Royal Kingdom of Elgaland-Vargaland (KREV)  

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My new book – Podcasting with Audacity – is out!

art, personal, social software, technology / /

Audacity is universally recognized as the number one software program for creating podcasts. Hundreds of thousands of amateurs and professionals alike have created podcasts using Audacity.

Podcasting with Audacity: Creating a Podcast With Free Audio Software is designed to get you podcasting as quickly as possible. The first few chapters show you how to install Audacity, plug in your microphone, record your first podcast, and get it online as quickly as possible. The following chapters cover podcasting-specific topics, such as adding background music or conducting interviews. Finally, the remaining chapters focus on how Audacity works, with lots of tips and tricks to make complicated editing even easier.

Read an excerpt: "Edit Your Podcast" is available on the Web or download a 950 KB PDF. An unedited version of the book is available under as a wiki under a Creative Commons license at the Audacity website.

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