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The Lefsetz Letter

More Copy Protection

by Bob Lefsetz

Who has more power, the major labels or Apple Computer?

Bottom line, is Apple going to play nice with Sony BMG, are they going to employ/adhere to the copy protection scheme the record label is now using to encrypt its discs.

The backlash is just beginning.

Now Amazon, which doesn't sell a whole hell of a lot of CDs, but which many people use as a reference tool (as is in finding what to download!), now STATES that discs are copy protected, it's not like the label can hide this fact, like they did with Anthony Hamilton.

Then there was last weekend's story in the "Washington Post".

And now people are buzzing about it on the Web. Sony BMG has woken up a sleeping giant, the American public, for whatever burns they're going to eliminate, they're going to pay a much higher price in ill will as a result of this failed scheme. Guess Andy Lack just doesn't know what it's like to be a fan, wanting to take your music EVERYWHERE, not wanting to buy it on disc AND at the iTunes Music Store so it can sit on your iPod.

The iPod. It's a juggernaut. The coolest/must-have device of the teen set. And any baby boomer who doesn't have one is just out of the loop, no one in their circle has one YET. And, when podcasting truly hits, BOY will there be a revolution...music you want to hear, that you can FAST-FORWARD THROUGH! And Apple's got the most seamless solution for that. But, the point here is statistics. The iPod dominates. And is continuing to do so. By not playing with Apple, the labels are demonstrating heretofore unknown hubris. (Then again, they HAVE demonstrated continuing ignorance for the last five years...)

Bottom line, if you use a PC, you cannot import songs from copy protected discs in iTunes, you can't create a file that you can transfer to your iPod, you can only create a copy protected WMA.

Now if you've got an UNPROTECTED WMA, iTunes will convert it into a format the program can read, which you can transfer onto your iPod. (Only with a PC, if you've got a WMA on your Mac, you're fucked.) But, if the WMA is copy protected, you're shit out of luck as an iPod owner.

So, I ask you, are the major labels that powerful, are they such a driving force that they're going to CHANGE THE MARKETPLACE? Drive all music to Microsoft, make Creative the biggest seller of hand-held MP3 players? Can Phil Jackson make the Lakers win the NBA Championship next year? No, can the KANSAS CITY ROYALS WIN THE WORLD SERIES THIS YEAR??

I mean you've got to play in the REAL WORLD!

iPod owners are the MOST dedicated music consumers, they're going to throw out their iPods and purchase inferior players for a couple of hundred bucks? Never going to happen.

So why doesn't Apple just bend. Make iTunes WMA compatible...

Let me ask you, would you give Microsoft, an adjudged monopolist with an over ninety percent share of the desktop market, a LEG UP?? I mean what's the advantage to Apple? They need to make the LABELS happy? It's NOT ABOUT the labels, the iPod doesn't depend on the iTunes Music Store, if you think people are filling up their iPods with AACs they've bought at the iTMS you just can't do the math. They're stealing the music, ripping it...

WHOOPS, you can't rip your CDs anymore. You paid in excess of ten bucks for the disc and you can't put the tunes on your iPod, HOW FUCKING HAPPY ARE YOU GOING TO BE!!

Well, what you're going to do, which is what everybody IS doing if you're paying attention, reading the reports on the Web, is just go online and STEAL the music they paid for. So, Sony BMG is actually DRIVING P2P theft! How fucking nuts is that?

Or, of course, you could have thrown in with the future to begin with. You could be a Mac user. The discs rip just fine in iTunes on a Mac. Which means not only can you burn CDs ad infinitum, you can upload files via P2P services to EVERYBODY! And insiders know it's VERY FEW people who seed the P2P services with the tracks that are traded by millions. Just a couple of Mac users uploading and your goal has been EVISCERATED!

Oh, that's right, Sony BMG's goal is to stop CD burning.

Please, PLEASE Sony, get me to stop using my Mac Plus. Get me to stop using my Smith Corona typewriter.

But my Mac Plus is in the closet. And my Smith Corona typewriter is in the garage. Both essentially worthless.

I've moved to files. The whole WORLD is moving to files. Don't Andy Lack and Michael Smellie have any FRIENDS? Never mind with KIDS? CURSORY field research would tell them they're headed in the wrong direction here.

Bob Lefsetz, Santa Monica-based industry legend, is the author of the e-mail newsletter, "The Lefsetz Letter". Famous for being beholden to no one, and speaking the truth, Lefsetz addresses the issues that are at the core of the music business: downloading, copy protection, pricing and the music itself. His intense brilliance captivates readers from Steven Tyler to Rick Nielsen to Bryan Adams to Quincy Jones to EVERYBODY who's in the music business. Never boring, always entertaining, Mr. Lefsetz's insights are fueled by his stint as an entertainment business attorney, majordomo of Sanctuary Music's American division and consultancies to major labels.

While Rhino may occasionally disagree with some of Bob's opinions, we certainly agree with his right to state them. At the bottom of each column we give you, the reader, the opportunity to respond and we encourage you to do so. We will post select comments.


LET US KNOW WHAT YOU THINK.

A word about submissions: We post what you give us, so please don't include your email address or any personal info. Your comments reach Rhino, not necessarily the writer, so don't expect a reply from them (or us, see our help section for contact info). We gather and post your submissions in batches, so do expect a short delay. And don't get bent if we edit your comments. We probably won't, but we reserve that right.


Comments:

You used the F-Word.

Sony/BMG's copy protection is very easy to beat. But you are right. If I see the sticker on the CD, I tend to just keep walkin'...

there are plenty of programs tht will crack any encryption & allow you to copy & burn ....they are only slowing down a few till they get wise to new software..

This reads more like an Apple vs IBM PC/Microsoft rant than a Copy Controlled rant.

Isn't it interesting that the porno industry isn't using the same tactics as the music industry? They are probably hit even worse by piracy.

Windows users: if the viruses don't get you, the record labels will.

you use fuck too much - it's a little 1900's

The word is FUCK, you infant.

Cheers, Bob, love your writing!!!

what is the point? leftsetzzz...

As a person who has been cheated many times out of his earnings, I can appreciate why the music industry tries to protects itself with a variety of copy protection schemes - annoying as they are. No one likes to get ripped off.

WHERE HAS BOB BEEN, DID HE FALL OFF OF A MOUNTAIN? WE NEED SOME MORE MUSIC ANECDOTES, ENOUGH OF ALL THIS POLITICAL TALK. THE POWERS THAT BE WILL DO AS THEY PLEASE ANYWAY. DON'T WORRY ABOUT THEM, I DON'T. JUST STICK TO WHAT YOU DO BEST. JUST GET BACK TO WORK. WE MISS YOU, YA BIG LUG.

I purchase every CD that contains a song I want for my collection. My "fair use" protection states that I may make AS MANY COPIES AS I WANT FOR PERSONAL USE!!! I do not download illegally, I do not file-share, I do not "bootleg" legit recordings I own, AND I WILL NEVER PURCHASE A COPY-PROTECTED CD! Thank you for this information and THANK YOU for Rhino-I still have my "Firesign Theatre" vinyl that first put you on the map for me. Glen Malone-Bountiful, Utah

Although I appreciate your comments, I also don't think you should use the F-Word in a column that is posted on a business site and read by readers of all ages.

I am reminded of the industry campaign back in the 80's "home taping is killing the music industry" (!) where LP's contained an inner sleeve with the above message and a real cool skull,crossbones and cassette tape logo. The industry has never understood that "music lovers" are THE ongoing source of income for artists AND the record companies. When a consumer has 4 (or 20!) albums purchased at inflated retail prices by a particular artist, can anyone really believe that taping, ripping or burning another song or CD hurts ANYONE? And what about the music lovers who have 100s or 1000s of LPs in addition to their 100s or 1000s of CDs? Is it immoral (and should it be illegal) to burn the vinyl into a more convenient format?? There, I didn't use the F word once !!

normwestbrook@telus.net

I've got 1000 vinyl lp's I will convert to digital before I will spend a dime on a "cd" I can't rip to my iPod.
David (Dallas)

Instead of coming up with better mastering techniques or delivery formats, they are so worried about copying a CD? Hell, I have been buying CDs since (get this, I know the date) February 2, 1985. My first CD player was the SONY D-5! The world's first portable CD player. $300 from John Wanamaker's Department Store in NJ. I bought 20 CDs the first night I owned the player before ever hearing it just because I was so excited to hear something extraordinary. By the way, CDs were about 22 dollars each back then and threatening to be under 10 dollars before too long once it caught on. I had never heard a CD before. I spent my hard earned dollars on SONY and many other labels duplicating what I already had on LP...well, what I could actually get at that time. Since then I have bought thousands of CDs. My collection is over 4,000 CDs and only one is copy protected...a McCartney Live CD from Europe. I had no problem making copies that will actually play in my car player, that I bought, and my Mac which didn't even read the Copy Protected Discs. I made my listenable copy, then put the CDs away, (like the days when you copied an LP to a high grade cassette then placed it back into the sleeve until you wore out the tape listening to it). I HATE the music recording industry for treating ME like the criminal. I buy what I want I and download for free what I either can't find or need today. I always buy a track later because, 1. it's not fair, and 2. unlike most folks, I care about quality and a CD sounds better than an mp3. It certainly is always better to make your own copies from a true CD file rather than any other type. I believe there is about 4 songs I don't already own in my 4,000 CDs that I needed to find somew other way. If the record companies would get smart, they'd begin to sell like Apple by the song. This way I could go to any record company and buy the exact tracks I wanted and not be stuck with a whole 20 dollar CD of crap for one song. Perhaps SONY/BMG should care more about the criminals they hire to MAKE music for CDs rather than make criminals out of the honest folks who lay down cold cash for their inferior products.

Your whole column is about money

This is ridiculous many people have said (including SONY) that it is easy to get round and in some cases using a MAC instead of a PC will do that. Do sony not realise that by putting copy protection on their stuff they are only inconveniencing law abiding honest people and not the illegal aspects of this area who can and will get round the protection without damaging any profit they make from resale of the copies

what a load of shit u have no friends or brains by the souns of it

man fuck them i dl some songs and i cant put them on my itunes because they are copy protected!!! FUCK APPLE LET THEM LICK MY BALLS

I was hurtin to copy my Napster WMAs, but then I donated 5 bucks to freebackup.saucylabs.com and they provided me some software that automatically strips all the copy protection - now I have nice old mp3s

Peace!

Nice going, Rhino, you just lost another customer. I guess I'll use the Gang of Four CD I just bought as a coaster since it won't play on anything I own. So I and many others will never buy a Rhino CD again, CD sales will continue to plummet, the music will reach users through illegal file sharing because that's the only way they can get a usable version, and the record labels will be left scratching their heads and wondering what new and better form of copy protection will get their customers back. I really have to hand it to you, that's one hell of a business plan, shitheads.




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