Tuesday, November 3, 2009

"The Golden Age of Infinite Music"

John Harris writes in an article for BBC News on the ease of obtaining music (by whatever means) and how that has created a generation of musically knowledgeable youth with palettes as well versed as middle aged music lovers. Mr. Harris opines on what a possible and likely future for music will entail:
Empty record shops will be overrun with weeds and old CDs will be used as coasters. Your Madonnas, U2s and Coldplays will prosper, but for anyone further down the hierarchy, the idea of making much of a living will be a non-starter.
While the future looks bleak, Mr. Harris tries to see the positive in the present:
But for now, this is a truly golden age - the era of the teenage expert, albums that will soon have to be full of finely-honed hits and the completely infinite online jukebox.

Cable Modem Modder Indicted

"An Oregon hardware hacker and author has been hit with federal criminal charges arising from his longstanding business of selling unlocked cable modems that can be used to steal extra speed from a broadband provider, or obtain free service. Ryan Harris, known by his pen name DerEngel, was charged in Boston with a conspiracy count, and charges of aiding and abetting computer intrusion and wire fraud." (via Wired: Threat Level)

Ryan Harris (DerEngel) Indictment

"The Download Decade"

Canadian newspaper The Globe and Mail is doing a multi part series: The Download Decade.

In addition to examining the progression of illegal downloading during the last 10 years, The Globe and Mail have collected news stories on downloading going back to the year 2000.

Monday, November 2, 2009

Music Monday - Cinematic Orchestra

Cinematic Orchestra is a UK group whose style is described as a fusion between jazz improv and electronica. However, the song I enjoy the most, "To Build a Home", features a piano accompanied by a string quartet. "To Build a Home" has been played during a number of TV shows including Grey's Anatomy, Criminal Minds, Ugly Betty, and Without a Trace. The pianist and singer in "To Build a Home" is Canadian Patrick Watson. Pitchfork has a review of the album "Ma Fleur" that contains "To Build a Home".

Click HERE to see a live performance of the song.

Click HERE to see a video clip of a very funny and awkward moment on So You Think You Can Dance where contestant Billy Bell dances to "To Build a Home" and one of the judges starts to freak out...

Rappers Lil Wayne and Birdman Sued for Copyright Infringement

According to Billboard.com:
The lawsuit says Cash Money Records had [the plaintiff] record some "Italian-styled" repartee in 2006. The suit says his work was used without pay or permission on "Respect" and other tracks from the rappers' joint 2006 album "Like Father, Like Son" and Birdman's 2007 album "5 Star Stunna."

The irony that the work was used on the track "Respect" has not gone unnoticed.

Sunday, November 1, 2009

The Fight Over Fallout: Bethesda Softworks LLC v. Interplay Entertainment Corporation

Two greats in the video game industry are battling it out in the courtroom. On September 9th, Bethesda Softworks LLC (maker of Fallout 3 and The Elder Scrolls III: Morrowind) initiated a lawsuit against Interplay Entertainment Corporation (maker of Fallout, Fallout 2, and Balder's Gate). Bethesda is alleging that Interplay breached an Asset Purchase Agreement and Trademark License Agreement, engaged in Unfair Competition, and infringed Bethesda's Trademark in FALLOUT. Bethesda purchased all rights, title, and interest in the FALLOUT mark from Interplay on April 4, 2007, for $5,750,000. Bethesda asked the court to enjoin Interplay from the use, manufacture, distribution, sale and promotion of Fallout, Fallout 2, Fallout Collection, Fallout Trilogy, and Saga Fallout.

Bethesda Softworks LLC v. Interplay Entertainment Corporation Complaint

The People Who Illegally Download Also Purchase the Most Music?

"People who illegally download music from the internet also spend more money on music than anyone else." Believe it? A new poll held in the United Kingdom says it's true.

"The survey, published today, found that those who admit illegally downloading music spent an average of £77 a year on music – £33 more than those who claim that they never download music dishonestly. ... The poll, which surveyed 1,000 16- to 50-year-olds with internet access, found that one in 10 people admit to downloading music illegally." (via The Independent)

But what does the poll really mean? It could be that almost everyone in the UK who enjoys music has downloaded music illegally, leaving only those that are rather disinterested in music in the non-downloading category. It seems reasonable to believe that those who like music the most, and thus most likely to listen to music, are also those that have at some point downloaded illegally. To me, the poll really says nothing that we can accurately analyze.

Does it really matter if, as the poll suggests, people who download music illegally also buy the most music. The fact that they download some music illegally means that they are likely buying LESS than they would if they couldn't download illegally. Sure, people would not pay full price for every song they download illegally, but the fact that they are downloading it means they place SOME value on the music. If the price point in the market met that value, they would arguably pay for it. Because you can download most songs for about a dollar online, it is hard to believe that people would not buy some of the music they download illegally if they were prevented from downloading illegally.

So, the labels and artists may get MORE money from illegal downloaders than non-downloaders, but they are getting less than they would if the pirates stopped downloading. That's the important point often left out of the discussion.