
“Music is spiritual. The music business is not.” Van Morrison


“Music is spiritual. The music business is not.” Van Morrison


Talks between EMI and online music services, including iTunes, on releasing music free of digital rights restrictions have stalled. EMI was approaching services offering to license tracks in MP3 format, with no limitation on consumer use of the content they own.
In order to protect itself from any rampant file-sharing which may result if tracks were made available in DRM-free formats, EMI was requesting a significant up-front payment from online services.
Bloomberg explains that Apple, Microsoft, RealNetworks, Yahoo, Amazon, and potentially others were unprepared to pay the fee requested, and came back with offers of up-front fees below the value EMI desired.
“It’s a setback,” independent media analyst Harold Vogel told Bloomberg. “That this industry fights every change tooth and nail is not helping reverse the tide.”
Warner is attempting to acquire EMI at present, though EMI management are concerned such a deal would face regulatory hurdles. US-based Fortress Investment Group is also understood to be preparing to make offers for the company, according to The Sunday Telegraph.


“If we’re still talking about DRM in five years, please take me out and shoot me.” eMusic CEO David Pakman


The airline company Volaris, known for its low-cost flights in Mexico, is now renting iPods on board in a new service, the iPod Video, for US$ 5.
The company started earlier this month, althougt for the moment the content is exclusively from Televisa’s TV series.
The 30Gb iPods on board are available for renting in flights with over 2 hours. CEO Enrique Beltranena has stated that Volaris “wants to rewrite the concept of entertainment on board in Mexico”.
By the way they’re going, they will reinvent entertainment on board in general. Volaris is the fisrt airliner to introduce this system. We hope more will follow.


“All music is folk music. I ain’t never heard a horse sing a song.”
Louis Armstrong


Bennett Lincoff, an “intellectual property law attorney”, has recently proposed a new solution for the end of the DRM battle: licencing music distribution instead of music downloading. By altering copyright law so that the only right consumers would need to license from record labels is the right to distribute music would make downloading or streaming free; consumers and owners of networks would only need to secure licensing in order to redistribute a song.
Wired News published a summary of Lincoff’s proposal,”Fixing What Is Badly Broken”. Read an excerpt and comment. Do you think this could be the way to go?
(Links to: full summary; full article)
“Recently, I published a Musical Licensing White Paper through my web site. In it, I propose an alternative to the music industry’s traditional sales-based revenue model for purposes of digital transmissions of sound recordings and of the musical works embodied in them. (…)
“To begin with, consumers would not incur any liability merely for surfing the web, accessing streaming media, or downloading music files. Copying for personal use also would not require authorization. To be sure, consumers still would be required to pay network operators for Internet access, and they may be required to pay audio service providers for their activities on particular web sites or services. But whether consumers listen to streams or download recordings; make one or many copies of a recording for personal use; or use recordings on one or several playback devices would have no effect on their obligation to music industry rights holders. None of this conduct would require consumers to obtain licenses or pay license fees under the digital transmission right; and should not otherwise.
“On the other hand, consumers would need licenses whenever they act as digital audio service providers in their own right; that is, whenever they are responsible for the digital transmissions at issue. By way of example, consumers would need authorization if they operate music-enabled personal or hobby web sites; or if they upload music files to a web site or service that does not have its own license under the digital transmission right authorizing this activity by users of its service (known as a ‘through-to-the-user license’); or, if they offer recordings to others through participation in a P2P file-sharing network, or similar service, that does not have a through-to-the-user license. (…)
“(…) Licensed transmissions of recorded music would be made available from the largest number and widest array of sources, anytime, anywhere, to anyone with network access; and consumers would be free to enjoy music when, where and how they themselves decide.”


Warner Music, the world’s fourth-largest music company and home to Madonna and Red Hot Chilli Peppers, said on Tuesday it had approached EMI about a possible bid and that it had the support of Impala, the trade group for independent music labels which has previously challenged consolidation in the industry.
Warner Music Group said any takeover offer for Britain’s EMI Group would probably all be in cash, briefly boosting the London-based company’s shares.
The U.S. group said its statement was to clarify that its shareholders would not be required to notify their interests in Warner Music under British takeover rules.
The approach is the latest twist in a seven-year battle in which EMI, the world’s third-biggest music group, and Warner Music have each tried to buy the other.
Both groups are struggling with a decline in physical music sales as digital downloads gain hold, and have also suffered from their artists producing fewer hits recently.
A tie-up would give both sides access to more music and the ability to cut costs. It would also help solve EMI’s historical problem of having the smallest market share of the four music majors in the United States — the world’s largest music market.


“Once someone asked me three words that best describe me and I said ‘Loud, Louder, and Loudest’.” Anastacia