Re: Napster: thoughts and comments?

From: Emlyn (onetel) (emlyn@one.net.au)
Date: Tue Jul 11 2000 - 01:01:50 MDT


Alex Future Bokov wrote:
> Who Metallica should really fear is not Napster, but the
> garage band that has just as much talent as Metallica,
> and hasn't been spoiled by royalties. The band whose
> bread and butter is playing live gigs, and their recordings
> are just a way to make a name for themselves. Such a band
> would simply love to have Metallica's problem of severah
> hundred thousand users downloading and listening to their
> songs. Because the next time this garage band comes to town,
> it will fill a stadium with people who first found out about
> them by downloading their MP3's. That's the once and future
> business model for music, folks.
>

Here's some comparatively short quotes from Lars Ulrich (Metallica's
drummer), on SlashDot a month or so ago:
(full URL here: http://slashdot.org/interviews/00/05/26/1251220.shtml its
very very long)

---
"It's very very simple. One of the -- when we monitored Napster for 48 hours
three weekends ago, we came up with the 1.4 million downloads of Metallica
music, there was one, one downloading -- one! of an unsigned artist the
whole time. You can sit there and talk about how this is great for up and
coming artists or for unsigned bands, but a big counterargument that nobody
gets is, me and you could form a band together, and we could like, make a
demo and then we could put it up on Napster. Who is going to give a fuck?
Nobody's going to care, because they don't know anything about what sets my
and your band out from the gardener and the guy who cleans my pool's band.
The record companies will never be extinct, because there will always be a
need down at that level. Now where the record companies can become
circumventable is when you're fortunate enough -- key word, fortunate
enough, to be at our level, where you don't depend on the record company to
front you a bunch of money, because you're fortunate enough to have a big
pile of it yourself, and you don't necessarily need a record company to
publicize, to promote you, because you're sort of kind already at that
level."
---
The full interview is a bit of a chore to read, because Lars really blabbers
on; a supporter of "more is more" when it comes to talking. However, many of
the points are quite interesting; particularly, that Metallica was not
actually targetting the users, but Napster the company:
On Napster itself:
---
"What I was trying to say by that was ... there's one thing that people kind
of keep forgetting, which is that Napster, they have this sort of innocent
smirk in front of their face and they hold up their hand and they go 'We're
not really pirates, we're not really doing anything illegal, we're just
offering a service,' but what people have to remember, and obviously some of
this has developed in the last month, is that Napster is a corporation, OK?
They just got $15 million in funding from some of the major venture
capitalists out here. They have all along, ultimately getting to the point
where they could have a major IPO, which is the one option, or get basically
bought out by an AOL type of company. So at some point there will be a
major, major profit going on for the people who've invested in Napster. And
that money is basically the same as profiting from stolen property. "
---
This bit meanders a lot (damn I wish this guy could focus, focus!), but is a
telling quote about the process Metallica went through which ended up in
tons of accounts being closed:
---
"And that's where it got, sort of like, wacky, because we believe that when
they sat down -- this is another misconception in the last couple weeks,
this whole thing about 'Metallica serves Napster with 300,000 names.' You
have to remember, they asked for this, OK? That's a point that not a lot of
people include. They asked. They said, "If you can give us the Names (ha
ha), of people that are doing this (ha ha ha) and we'll take them off (ha ha
ha)," like you can't. It was sort of like a dare. And then we hired somebody
to basically -- and they could have gotten, you also have to reremember once
again, , they [Napster] could have gotten that information themselves. So it
became once again our burden, back to the book-of-the-month or the
cd-of-the-month scenario. You know, I have to go out to my mailbox, I have
to pick this fucking book up, I have to send it back where it come from so I
don't get charged for it.
The burden is on me again, I have to sit there with these guys, the names of
people trading our music. And you have to remember, the only thing that
Napster really has, because legally they realize that it's very very thin,
the only thing they have is sort of a public thing where they can pit
Metallica fans against Metallica. That's the only thing, that's sort of
their, that's their only strong thing, is trying to make us look like
assholes in the eyes of the fans, and they're doing, I think they're doing a
pretty good job of that. And it's sort of pathetic, because the fight is
really obviously between Metallica and Napster. It's unfortunate that the
fans become pawns in this, but understand a couple of things. The 300,000
names that were removed from Napster, ok, we believe, from who we've
consulted, that Napster has the technology to block Metallica songs off its
service, so it's not just about ... we go to them with a piece of
information: 'This guy has traded among other things, Metallica songs.' So
they take him off the service instead of just taking the Metallica songs off
the service. Do you understand? Then this guy hates us, we become the
assholes, and that's what they're trying to build their counter case on. And
that's kind of a little bit sad I think, it's kind of pathetic that that's
really the only shot they have, and obviously because they realize they
don't have any shots legally. "
---
I think what they've done (Metallica) is really interesting. Someone
involved with Metallica has seen the writing on the wall regarding the
ability to protect music copyright in say 5 to 10 years; it will be
impossible. Elsewhere in the interview (the details of which I will spare
you), Lars says it is costing them maybe 10 times as much in legal fees as
they estimate they might be protecting in royalties... today. What they are
worried about is entirely losing control of what is equivalent to production
quality masters, which will start to cost real money in the future if the
trend to mass pirating with digital technology at the consumer level
continues - at some point, people will no longer pay anything, or see why
they should pay anything, for music.
I personally don't think it's a battle they can win, not by themselves. I'm
very interested to see that public opinion has been on Napster's side, not
Metallica's; mostly, people want stuff for free, even if it is actually
stolen. I'm not a big fan of the ownership concept myself, and I'm not
crying for Metallica; they can use (extremely) large wads of cash to wipe
their own tears. But at some point the ability of people to be compensated
for knowledge work is going to become extremely tenuous, which is a worry
since knowledge work is kind of important to our civilised world. This is
the tip of the iceberg; it's interesting to watch the strategies of all
sides develop.
Who knows, it might end in the glorious anarchic revolution, where
everything is free and the world is beautiful.
Emlyn


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