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Feed Engadget: Apple sued over supposed iTunes monopoly, being mean to Microsoft (engadget.com)

Filed under: Portable Audio, Portable Video

Apple's been hit with antitrust lawsuits over the dominance of the iPod / iTunes system before, but there's a new case brewing down California way that argues not that Apple has illegally tied the iPod to iTunes, but that Apple has abused its dominant market position by not supporting WMA. That's right, we've come full circle -- Apple is now being accused of locking Microsoft out of the market. The case, brought by San Diego attorney Stacie Somers, claims that since Apple disables the WMA functionality of the PortalPlayer chip inside many iPods, it's shipping "crippleware," and that it's doing so deliberately to abuse its position as the market leader. Of course, unprotected WMA files import into iTunes on Windows just fine, so this is really a DRM compatibility issue -- and given Apple's official position on DRM and the fact that Microsoft's own Zunes don't exactly play nice with all the flavors of WMA DRM, this suit could be over sooner than expected.

Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis, and should not be taken as such.

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Feed Techdirt: Dear Trent Reznor: Don't Be Disheartened Yet (techdirt.com)

Back in October, we had mentioned that Trent Reznor was producing an album by Saul Williams and had decided to mimic the Radiohead name your own price model for downloads. At the time, I was a little worried that musicians would simply mimic Radiohead's first part of the promotion (the name your own price part) without recognizing two important things: (1) the "name your own price" part was just one part of a larger strategy to get publicity for a variety of things that would earn money and that (2) whether or not anyone pays a dime for the album is meaningless in that larger context. We've already seen a few people make that mistake, and it's rather "disheartening" to see that Trent Reznor is making that mistake himself (in part...).

For reasons that are not at all clear, Reznor's site is a blog that has no history. There's no way to link to a specific post and once a new post goes up the current one will disappear. However, as pointed out via Digg, the current front page of Reznor's site has some stats about how the "name your own price" experiment went: "As of 1/2/08, 154,449 people chose to download Saul's new record. 28,322 of those people chose to pay $5 for it, meaning: 18.3% chose to pay." Reznor then says: "I'm not sure what I was expecting but that percentage - primarily from fans - seems disheartening."

Chris Anderson has already challenged Reznor's math, by pointing out that by avoiding a record label, they still probably made more money this way, but even that is missing the larger point. You don't do a "name your own price" offering to make money directly off the downloads. Any money you actually make is a bonus. You do it to get publicity and to add value to other things that you're selling, creating a larger market for them. Reznor seems to admit to that part at the end, stating: "But... Saul's music is in more peoples' iPods than ever before and people are interested in him. He'll be touring throughout the year and we will continue to get the word out however we can." When you begin to focus on that larger picture, how much is made directly from sales, and what percentage pays vs. what percentage "freeloads" is meaningless. It will be more interesting to see the eventual results going forward.

Of course -- there is one more thing that should be mentioned when discussing all of this. None of these business models work if no one actually likes the music. This isn't a comment on Saul Williams' music (which I have not heard), but if you can't make music that people like, no business model is going to be effective. And, especially in the case of a new act that people have not heard of, they may be even more reluctant to pay upfront for the music, because they're unsure how much they actually like the musician, especially if the music itself is an acquired taste. It's yet another case where obscurity should be a much bigger worry than "piracy" or "freeloaders." Every one of those "freeloaders" or "pirates" is not just a potential future buyer, but a potential marketer, promoter or sales person for future endeavors by that artist. To understand the business models in the future of music, you need to take a long-term view. So, don't be disheartened, Trent. Focus on that final thought and look to the future.

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Comment Re:The broken-ness of email (Score 1) 517

One of the most interesting/possibly effective methods of spam reduction i've read about is the Habeas system. I don't know much about it other then the company rhetoric, does anyonw have personal experience? It frightens me on some levels (i.e. dependence on a single company for my right to email) but it seems that it could be at least a stop-gap solution to reduce the profitablilty of spam. Mouth of the Beast Thoughts?

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