The Webcasting Cartel

by on August 3, 2007 · 0 comments

Mike Masnick points to this excellent post on Jon Healy’s blog at the Los Angeles Times. According to Live365, RIAA music accounts for less than half of all music webcast.

The problem is that, as Jamie Plummer explained in an issue of TechKnowledge a couple of months ago, every artist and every Internet radio station has to participate in the RIAA’s cartel collection agency, SoundExchange, whether they want to or not. As I understand it, artists are not permitted to sign separate contracts setting lower webcasting rates for their music, nor are artists allowed to give blanket permission to play their music for free.

This is a classic example of industry incumbents using the legal system to maintain artificially high prices. In a free market, lesser-known artists would offer webcasters discounts in the hopes of getting more play time. That, in turn, would put pressure on the majors’ royalty rates, as more webcasters shifted to playing less expensive music. But thankfully, Uncle Sam has stepped in and rescued them. Like the ICC of old, SoundExchange legally prohibits artists from charging unfairly low prices, ensuring that the labels don’t face unfair competition.

There’s enormous interplay between the policy landscape and people’s expectations. Easy to forget, because expectations are an awful lot like assumptions… taken for granted.

DRMWatch reports on two new surveys finding that consumers are more accepting of DRM.

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Dave Weigel reports on one of the unintended consequences of the copyright lobby crusade to criminalize anything vaguely connected to piracy. Some college kid wanted to capture a 20-second clip of the movie Transformers and so she brought a camcorder into the theater. Now she’s facing a fine of $2500 under “zero tolerance” anti-camcording laws.

The darknet critique applies to anti-camcording laws as much as it does to the DMCA. Once one copy of a movie leaks onto peer-to-peer networks, it rapidly spreads throughout the darknet. So unless you can get the rate of camcording down to zero, which is essentially impossible, these sorts of laws won’t stop anyone from getting ahold of pirated movies.

On the other hand, they can impose disproportionate penalties college kids who commit the crime of not being sufficiently familiar with the minutia of copyright law to know that taping a 20-second clip of a movie is a federal crime.

WSJ As James points out, there’s already a lot of huffin’-and-puffin’ going on about Rupert Murdoch’s deal for The Wall Street Journal. (Just look at the silly things that presidential candidate John Edwards had to say today about it). The City Journal has just posted an editorial I have written responding to this hysteria…

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“Rupert Murdoch, Meet Chicken Little”
by Adam Thierer
8/2/07

Help, the sky is falling! So say the pro-regulation media agitators at Free Press, which fired off what is sure to be the first of many hysteria-ridden press releases about Rupert Murdoch’s successful acquisition of the Wall Street Journal and its parent company, Dow Jones & Co. “This takeover is bad news for anyone who cares about quality journalism and a healthy democracy,” argued Robert W. McChesney, president of Free Press. “Giving any single company—let alone one controlled by Rupert Murdoch—this much media power is unconscionable.”

The argument that the Murdoch–Dow Jones marriage will have a significant impact on American journalism or democracy is absurd. Don’t get me wrong. The Journal is a great paper; in my opinion, it represents the pinnacle of journalistic excellence. Nonetheless, it’s just one of many voices shouting to be heard in today’s media cacophony. Indeed, the modern media marketplace is extraordinarily dynamic, with new outlets and technologies developing constantly. Despite the existence of a handful of very large conglomerates, dozens of other important media companies continue to thrive and fill important niches that the big firms have missed. As Columbia University’s Eli Noam has noted of the modern media marketplace, “While the fish in the pond have grown in size, the pond did grow, too, and there have been new fish and new ponds.”

Read the rest of the piece here.

e-gold has always been an interesting company – an alternative value-transfer system that’s not attached to government currency because it’s backed by gold. The payments business charges much more than my gut tells me the service should cost; any competitor in this market should be welcome. And I’m no expert in monetary policy, but I know that fiat money (“this has value because the government says it does”) is dangerous because it relies on the credibility of the government that issued it, and because governments regularly inflate their fiat currency by printing or minting more of it. This diminishes the value of the currency in our hands.

But money is a sensitive area – governments are pretty protective of their prerogatives – and e-gold hasn’t always done such a good job making the case for itself. Suspicions about the use of this service may have culminated recently in an indictment against e-gold officials alleging conspiracy to launder money and various regulatory infractions, which met with a strenuous response from them.

Now e-gold is going to tell it’s story, putting a human face on what they’re trying to do. No, it’s not this video. They’ve started a blog. It should be interesting and educational. I’m listening to an interview with e-gold’s Chairman, Douglas Jackson, right now.

The idea of an asset-backed, non-governmental value-transfer system is very attractive to me, and an indictment is not a conviction. I think it’ll be worthwhile to get e-gold’s side of the story, and they definitely need to tell it in Washington, D.C.

Does Rupert Murdoch’s purchase of Dow Jones face serious obstacles at the FCC? The almost universal opinion has been “no”. Big as it is, News Corporation and Dow Jones don’t really compete against each other in any significant markets. The only real FCC concern would be the newspaper-television crossownership rule. But, although New Corp owns a station in New York City, the nationally-circulated Walll Street Journal — under FCC precedent –is not considered a New York paper.

Nevertheless, Michael Copps — a Democratic commissioner at the FCC — warned that the deal was not a “slam dunk.” “Not so fast,” he wrote in a statement issued from his office yesterday. “What’s good for shareholders of huge media conglomerates isn’t always what’s good for the public interest or our civic dialogue. We should immediately conduct a careful factual and legal analysis of the transaction to determine how it implicates specific FCC rules and our overarching statutory obligation to protect the public interest.”

The overall message here is clear. Translated from regulator-speak, it’s like the cop on the beat who stops someone to say “I don’t like the way you look. I can’t think of anything to charge you with now, but given enough time I’m sure I can find something”.

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The Economist has an interesting overview of Rupert Murdoch’s purchase of Dow Jones this week. The piece, “Murdoch Gets His Trophy,” highlights the negotiating skill exhibited by Murdoch in the whole affair, from the timing of the offer to his spot-on reading of the Bancroft family’s internal politics.

That said, the magazine questions the wisdom of the purchase. It’s unlikely, The Economist argues, that Dow Jones will provide to New Corporation anything near the $5 billion Rupert paid.

“Which is why,” it says,” some News Corporation shareholders suspect that they are just excuses, and that Mr Murdoch has put his longtime desire to own the one of the world’s great newspapers before any serious consideration of value for money.”

Wouldn’t it be ironic — after all the hand-wringing over the undue power the acquisition supposedly gives New Corporation — if the biggest loser turns out to be News Corporation itself?

Freeing the Journal

by on August 2, 2007 · 0 comments

Relatedly, Ingram has an interesting post on whether Rupert Murdoch should make the Wall Street Journal‘s website available for free:

I know that many newspapers have looked to the Journal as a model for what a paper can do online, because it is one of the few that has charged for its content from the very beginning and built what appears to be a successful business doing so. But does it make sense now? This Wall Street Journal story notes that Murdoch commissioned a study that looked at what going free would mean for the paper, and from that he concluded that while readership would grow by a factor of 10, advertising would likely only grow by a factor of five, and the loss of subscription revenue would effectively make the whole thing a wash. In other words, maybe’s it’s not worth it.

It’s not clear whether the study looked at the short run or the long run, but it seems to me that if the short-run financial outcome is anywhere close to a wash, then it’s stupid to keep the paywall. Because the biggest harm a paywall does is dramatically limit a site’s long-term growth potential. People who currently like the Journal enough to pay for it will likely keep doing so. But given the massive amount of information out there, most people just leaving college are likely to opt for one of the Journal’s free competitors.

Moreover, being free brings a wealth of ancillary benefits that don’t show up in the bottom line right away. As a blogger, I almost never link to stories behind paywalls because I can usually find a free version of the same story. My impression is that other bloggers tend to act the same way. So as the blogosphere becomes an increasingly important source of traffic, paywalls will become more of a liability. If Murdoch can eliminate the paywall and completely replace the lost revenue with ads, that seems like a no-brainer to me.

I first became aware of the massive statistical infrastructure of the U.S. government because much of its data collections have privacy consequences. The Census Bureau, for example, has turned a simple instruction to count people (“[An] Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” ) into a large organization with lots and lots of different information products.

Recognize that the process of collecting, compiling, and disseminating information is an economic function. This Federal Register notice on federal statistical practices does so, with some interesting spin:

To operate efficiently and effectively, our democracy relies on the flow of objective, credible statistics to support the decisions of governments, businesses, households, and other organizations. Any loss of trust in the integrity of the Federal statistical system and its products could lessen respondent cooperation with Federal statistical surveys, decrease the quality of statistical system products, and foster uncertainty about the validity of measures our Nation uses to monitor and assess its performance and progress.

Without us, you’d be lost! And if federal statistical agencies just disappeared, that would be true. Statistics are an important tool of government and business.

But . . . is it government’s responsibility to develop and deliver statistics to business? Or is that another dimension of corporate welfare? Here in Washington, there are statistics “user” organizations whose mission is to preserve the flow of data from government to business – to collect another set of goodies free – or, most accurately, at the taxpayers’ expense.

In my former life as a lobbyist/consultant, I represented a very cool satellite remote sensing company called Digital Globe. You’ve probably seen their stuff on Google Maps, and TV networks often use their imagery to illustrate news stories. Given my libertarian predilections, I was painfully aware that this company was in competition with a rather substantial competitor, the U.S. government, and in this area, like so many, the competition was hydra-headed.

If the market for geospatial data weren’t already well occupied by government suppliers, Digital Globe and its many competitors would be producing better information products than are available in the government-dominated market, and the costs of doing so would fall where they should – directly on users.

I’m not asking you to be convinced yet, but just think about having the corporate sector pay its own way for the data and statistics it uses.

Via Matthew Ingram (I’m catching up on RSS feeds), Jack Shafer has makes an important observation about today’s prestige newspapers: their staffs are significantly larger than in the glory days of the 1970s. Although Shafer’s original piece overstated the case, the numbers are still significant: The New York Times has apparently grown from 500 reporters and editors to 750, while the Washington Post has grown from 340 to 550. In other words, each is about 50 percent larger than it was in the 1970s.

Shafer then quotes Post and Times officials explaining why news would suffer from a reduction in headcount to 1970s levels. Apparently fluff stories are bigger revenue drivers than they were in the 1970s, so the hard news headcount would have to be cut below 1970s levels to keep the paper profitable.

But I think this dramatically underestimates how much easier a reporter’s job is today than in the 1970s. There’s a wealth of original materials available online that makes fact-checking easier. There’s a massive distributed reporting system called the blogosphere that helps reporters dig up leads and provide instant feedback. There are people all over the place with cell phones capable of capturing photos and even video. There are sites like YouTube and Flickr that help aggregate and organize this wealth of material.

Obviously, there are still some stories where there’s no substitute for picking up the phone and calling sources, or for hopping on a plane to see a story first-hand. We still need some reporters to do that. But the job of a reporter these days is far more oriented toward synthesizing and summarizing the material that’s already out there. Much of the information is already out there, and the job of a reporter is simply to translate sometimes technical source documents into plain English.

Moreover, one of the points Shafer make is that the Times and the Post relied far more on wire stories in the 1970s than they do today. There’s no reason to think there’d be much loss in story quality if reporters did more of this today. The Times could cut its staff covering technology and instead feature content from CNet or Wired (obviously, they’d want to feature some of CNet’s less geeky or esoteric content, but I’m sure CNet would be happy to produce some less-geeky stories to accommodate them). Many large web properties already do this, but there’s every reason to think this process could continue without significantly harming the quality of news coverage.

The next decade may bring wrenching adjustments for reporters used to secure positions at large newspapers, but there’s little reason to think that the quality of news will suffer as a result. Quite the contrary, thanks to the Internet, the average American has access to far more and better news than he did 20 years ago. Any diminution of the quality of newspaper reporter will be small compared with the benefits of being able to choose from dozens of high-quality news sites.