Usenet Provider Wins Against EMI
In another blow against the majors and for privacy advocates, German courts have overturned an earlier decision and Usenet provider United Newsserver has prevailed against EMI.
The label tried to force United Nesserver to block access to music, but the court found that the company cannot be held responsible for the actions of Usenet users.
via P2P Blog
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This situation today regarding digital materials (music, software, movies) being shared illegally, make me think about the probation in the US in the beginning of the last century.
The experience was, that even though alcohol do cause a lot of damage in society, it was not possible to change this by making alcohol a controlled substance.
Instead this law boosted the black market, as people wanted to drink, and if they couldn’t get it legally then they got it illegally.
I think labels are going out of business, its only a matter of time. Artists actually don’t need them anymore. They need money to produce and develop, but with money, they can buy promotion and production easily. And rather than burning energy to fight the illegal market, it could be a better strategy to listen to the people, and figure out how to give them what they want, and still make money to pay for expenses and so on.
As an artist, that makes me think a lot about how it will be possible to develop a new group, and what this group in fact should sell.
I don’t believe it should be the sound files, but I think it must be the music, in some way (as we want artists to succeed by being good at making music, not inventing funny merchandise). And here it is important to recall, that live concerts are one of the most risky businesses around, except very large events, they are seldom profitable. So live alone don’t cut it.
The most interesting idea, would be an idea, where the economic value is not linked to the sound file, but nevertheless to the music, and its popularity/quality. I think it is possible to find such an abstraction. We only have to continue to think about it, then someone smart and daring enough will come up with a brilliant idea that works.
Mick Nye
http://www.micknye.com
I believe you’re referring to “prohibition,” but your point is taken. I’m sure the labels see their future as a marketing and manufacturing industry, but the margins on selling the music itself are so high that it may be impossible for them to give it up without losing their dignity and reputation. Meanwhile, other independents are doing a better job at selling tracks online and getting the artist more of what they deserve.
Yes “prohibition”, sorry English is my second language 🙂
I agree in your observation about the efforts the labels do to adapt, and the challenge they face. Also that “independents are doing a better job at selling tracks online”.
However, what worries me is the structural problems. That is, it seems to me that we are stuck in an old mindset about how to make this work. Because the audience/fans who want to contribute and support their artists, want to tell everybody about how great the music is, and as a natural part of this, they want to share it, use the music in their home videos, put it on their site, and so on.
As it is now, the fans and the artist are in opposition with regard to this, on one hand the artist try to get the music out, but on the other hand has to control the way the sound files get used, in order to create a revenue for their work. Its like driving with the feet on the gas pedal and the brakes at the same time.
Imagine a structure, where the fans could redistribute and use the music, and by doing so would increase the value of the tunes. Then the artist and the fans would be working together. They would share interest in the success of a tune.
Mick Nye – http://www.micknye.com