Mudda: Peter Gabriel and Brian Eno’s New Venture

Peter Gabriel and Brian Eno have got together to create mudda.org – the Magnificent Union of Digital Downloading Artists. An idealistic venture, the organisation’s goal is to allow artists to distribute their music directly without having to negotiate terms exclusively with labels.

Mudda is not anti-label – it intends to share power and rights between artists and their labels.

As Gabriel states on the Mudda site, “The relationship of artist to the business has most often been one of contract and servitude. We believe the way forward must be a partnership in which the artist can take a much bigger role in how their creations are sold, but also have the chance to stand at the front of the queue when payments are made instead of the traditional position of being paid long after everyone else.”

Advantages to musicians also include being able to release work to their own schedule, instant sales figures and bulk negotiations with online stores – restrictions that many find difficult when dealing with a record company.

Another interesting benefit is that artists will be able to release compositions of whatever length they choose – rather than being restricted to the properties of the distribution medium.

Do you know why a CD is 74 minutes long? Because when the engineers were setting the specifications, they decided that the most popular music CD would be Beethoven’s 5th, and that’s just under 74 minutes.

Pop songs are 4 minutes long because that’s how much music you can store on a 7” single rotating at 45 rpm.

When albums became popular, artists could then experiment with compositions that were 25 minutes long, or one side of a vinyl record. And when CD appeared, Brian Eno brought out Thursday Afternoon, one of the first pieces of music composed specifically for CD and taking advantage of the format’s extended time – Thursday Afternoon has no breaks and takes 1 hour and 56 seconds to complete.

Eno has composed some very long compositions that rely on loops of sound coming into, and going out of synch. Some of these pieces take days to complete, and I look forward to the day when I can legally download and play one at home.

The internet may be about to change music again, in a way that few people could have predicted – as it no longer has to written in 4, 25 or 74 minute chunks.

Mudda

RealNetworks Deliver iPod Compatibility Through Harmony

RealNetworks have unveiled Harmony – a DRM translation tool that now makes it possible to transfer and play Real music downloads to Apple’s iPod. This new development means that Real’s music service is compatible with virtually every music player in the market.

Harmony is obviously Real’s answer to the resounding silence they met with after Rob Glaser contacted Steve Jobs with about Real and Apple working together.

Apple’s response is sure to be interesting as it means that iPod owners now have a choice of digital music online stores to fill their players from, and so they might not be entirely happy.

Real’s developers worked out how to make their player FairPlay-compatible purely by analysing publicly available information. This could be seen by some against the DMCA which expressly forbids reverse engineering and tampering with content protection systems.

This shouldn’t cause a problem with the legislation, however: Real are not defeating the FairPlay copy protection system, rather they are wrapping their own files in the FairPlay DRM.

Although potentially bad news for Apple, Harmony is great news for digital music fans – they can now transfer music from their various music stores to any music devices they may have. Not only does Harmony work with the iPod, but users can now perform the same trick with their Windows Media Player hardware too.

Harmony is built in to RealPlayer 10.5, which is available for download now.

Real.com

The IBC Digital Lifestyles Interviews – Simon Perry – Part I

This is the first in a series of eight articles with some of the people involved with the Digital Lifestyles conference day at IBC2004.

We interviewed Simon Perry, the executive producer of the Digital Lifestyles theme day, in a two-part feature that covers on the makeup of the day and question him convergence and other aspects of the media. He publishes Digital Lifestyles magazine.



Fraser Lovatt: Tell me about the four discussion sessions at IBC this year.  What are they about and who’s speaking at them?

Simon Perry: When the Digital Lifestyles day was introduced at IBC last year, my aim was to set the scene – to signal the change in the content industry. This year builds on that, by highlighting four specific areas that merit closer attention by the creative, business and technology people.

The day will inform the delegates on the new types of content possible, how to get paid for it, where you can deliver it and the business models around it.

The first session is titled ‘New platforms, new content’.

It is set in the context that, with new content delivery methods comes new forms of content. It’s chaired by Ashley Highfield, director of New Media & Technology at the BBC, and will create a discussion between some of the most experienced and forward-thinking Games, Film and TV people. In each of their fields they are bringing together different strands of content, creating something that couldn’t have existed previously, such as content that migrates between platforms, creating united content.

The second session is about getting paid for content. Up to now, the industry has been focused on protecting the content that they have, which is understandable and technology companies have been more than happy to assist them.

I feel this is a distraction. The really key part is how the consuming public are going to pay for content that they think is worth paying for, whether they receive it to their mobile phone, their TV, via broadband to their PC’s or through an adaptor on to their TV. The methods of payment are as diverse as the delivery methods.

The panel brings together the knowledge and experience of people who are successfully receiving payments from the public for text and video content; others offering payment systems that take small amounts, less that a pound/dollar, online and others that use mobile phones to make payments.

Tim Jones, the CEO of  Simpay will be on the panel. Simpay was brought to life by the four major mobile phone networks in the UK. The first stage of their service offers the phone-carrying public to pay for phone delivered content – catching up with the currently favoured premium-rate SMS charging. The next stage is – and this is where it becomes a more interesting example – allowing you pay for any types of content, as well as physical goods from shops, using your phone. It is something that has been theorised for a long time and Simpay appear to be pulling it together now. Tim’s background is particularly interesting. He co-invented Mondex, which as we all know, was the first form of public e-cash in the UK.

The third session is chaired by Ken Rutkowski of Ken Radio, and is about informing the content creators about the increasing range of platforms that are available to them for distributing their content. Within the industry there are different stages of knowledge, expectation and experience of what digital lifestyles will mean to the creators of the content, as well as the public. In this third session they will explore what roles different media play on different platforms and the effect it is going to have on the type of content people produce. Ken’s enthusiasm will lift the best out of the panellist.

The forth session is future business models chaired by media journalist, Kate Bulkley. It will explore the models that will run aside 30-second spot ads; mobile delivery; gaining benefit from efficient delivery to different platforms; generating new revenue from TV. There’s a lot of innovation in this area.

What does convergence mean to you? What’s your internal definition of it?

It’s an interesting word. It’s been around for a long time – and increasingly, over the last six/nine months it has become to mean anything that any marketeer wants it to mean. The original definition saw all devices being morphed in to one device. It’s clear that there won’t be convergence to that extent. It’s becoming less defined. The more it enters everyones vocabulary, the wider the definition becomes. Perversely it’s definition is diverging.
 
The convergence that Digital Lifestyles magazine focuses on, is how the influx of technology into the creation, transfer and reception of media content is changing the industry. Where media and technology touch, is what’s of interest to us, and the impact it will have.

There is an argument that media has always been a technological activity. From first workings and marking things on cave walls to the development of perspective, to the first film studios to television. It has always been technology-led.

That is probably true. Well it’s not probably true – it is true. The definition of what is technology is a sliding window, isn’t it? Pens, paper and the printing press were all once thought of as advanced technology, and then they slowly shifted to become the norm. I would argue that the window moves more quickly these days.

But media always seems to be at the forefront of technology – many technological breakthroughs are media related and have been throughout the history of mankind.

Technology has certainly had an influence – I don’t know whether media has always been pushing technology, or whether it has always been using the latest technology. It certainly has previously utilised it, and the people who have utilised the technology are the ones that have had the upper hand. Look back to Murdoch in the use of technology in the production of newspapers, originally pioneered by the Eddie Shah with Today.

I think people get business advantage by using technology and media. I don’t think necessarily the mainstream media are quick in adopting technologies and making the most of them, and that’s frustrating. However, this gives a space for the people who are outside the mainstream media, micro-production companies if you will, to use the technologies to create and deliver their content to an audience on an economic basis.

Do you think the public thave an active participation in convergence? Do they see the convergence as something they are getting involved in or do they see it as something that has happened around them? Five years ago they were going out and buying DVD players and now they are buying PVRs – Do you think they are seeing it as progress or just something new to buy?

Let’s use digital music, because that’s quite a good example. One of the articles on Digital Lifestyles today covered the Virgin Music Player, a little thing you just hang on your waist.  People will obviously notice that they don’t have to carry around a bulky CD player or a mini disc player or a cassette player, but as to whether they realise that the changes are wider reaching than that – I doubt it. It will feel like another small step.

These days people are now conscious of change. They have come to expect things to change. They are becoming numbed to the “Oh my god” reaction, when they come into contact with a new use of technology.

The people in the industry see it as significant, because they see the long-term impact.
 
One of the ironies I perceive with convergence is that the media itself, those pieces of entertainment like music, film and to some extent e-books, are becoming fragmented through platform and DRM issues. Do you think that we will be happy buying three versions of the same thing in the near future because the DRM or file formats are incompatible, or do you think that this will be resolved gracefully?

Incompatibility is a fear of mine and yes, in the short term, it is likely. It’ll happen because of the number of incompatible content protection systems that are around. I think the industry, whether it be the providers of content protection or the media companies, which are using the content protection systems that don’t allow interchange between devices are going to do themselves a disservice and, if it continues, will frankly end up irritating the customer.

I have asked the question to quite a number of people in the media business and technology business – I have never really had a good answer from them either. How do you sell the public something that’s less good, through it’s restrictions, than the thing that is being replaced? Something that ends up flexible, even though the form it is held in allows greater flexibility? So, short term I think it probably will be a problem. I hope that it won’t be a problem beyond the short term.

It can be argued that a lot of the fragmentation that we are seeing in media in file formats and devices is down to proprietary systems that are involved in the creation of media, and in its protection and distribution so we have DRM, we have CDs which can’t be played on PCs.   These are all proprietary.  Do you think there is a place for open standards in a convergent media culture?

I think the reason this hasn’t happened so far is that the prize is so enormous. The prize for being the provider of content protection is to be one of the largest businesses in the world. Much commercial material will only reside in the rights holders-approved DRM formats; ones that they feel protect their interest. That’s not to say that there won’t be a huge market for other content in another format, and that could be an open format.

Do you think that one company will be allowed to hold the keys for content protection?

Who is going to stop them? Are you talking about Government restrictions?

Some view it as a monopoly.

Certainly from the discussions I have had with content creators of the large studios, there is an unease with a number of companies holding all of the keys. There have been many suggestions as to the way that could be got around. One I found interesting was Fraunhoffer’s Light Weight DRM (LWDRM), but it still relies on a central repository that decides whether you are entitled to this music or that you have paid to have access to it.

The Fraunhoffer response to that question is to say, well we place that with a third party – so you split up the business of running the content protection system away from the business of holding the keys to the access to that content. Their suggestion was that it be done by institutions like the German post office. Different nations have got different relationships with their governments. So that’s something that might work in a country such as Germany, but not others.

There are two arguments – on the open source side there are many people, the Electronic Frontier Foundation (EFF) for example, who argue that there should be no content protection and people will pay for their content, relying on the good nature of man.
 
Rightly or wrongly, that is not how the mainstream media industry sees it. But if you look at companies like Warp Records, they sell their music in MP3 format. They have taken a more open file format, which can be exchanged quickly between different formats and difference devices. The consumer in me sees this as completely reasonable. I buy something and then I am able to put it on whichever device I want.

I did some research for the European Commission on a unified media platform called N2MC and it became clear from speaking to a wide range of people, along the whole creation-to-distribution change, that the idea of an open source content protection system didn’t currently work for them.

Because it could be easily reversed engineered?

It was seen as a weakness in the chain. One part of a content protection system must remain proprietary.

This interview is continued and concluded here.


Simon is chairing ‘The missing piece – Getting paid for content’ session between 11:30 and 13:00 at the IBC conference on Sunday, 12th September in Amsterdam. Register for IBC here

The Jackito Tactile Digital Assistant

Billing itself as more of a TDA than a PDA, the Jackito Tactile Digital Assistant has a user interface that’s operated by your fingers and thumbs.

Moving away from the traditional stylus interface means that the Jackito has a different form factor than the usual hand-helds out there – the Jackito has a landscape orientation, and it’s operated by your thumbs at the sides.

The display is unique in that it can read two simultaneous touch points – try poking the touch pad on your laptop with two fingers and you’ll see why this is a good thing.

The device is manufactured by a Novinit, a Paris-based company created in 1999 and is an attempt to get away from the “scaled-down PC” mentality of many of the PDAs on the market.

Novinit’s TDA has no less than seven parallel processors, and features its own custom OS – it’ll be available with a choice of screens: black and white, colour and bistable. It seems to have just 2.5mb of user RAM though, but has two SD/MMC slots for expansion.

At US$600 (€490) it’s a bit on the pricey side, but I’m sure you’ll be sat next to an early adopter with one on a plane soon.

Jackito

IFPI: 35% of All CDs Sold Worldwide are Illegal Copies

The International Federation of the Phonographic Industry has published a report claiming that 35% of all CDs sold around the world are illegal copies – that’s 1.1 billion pirate disks. The report also includes a list of countries recommended for government action: Brazil, China, Mexico, Pakistan, Paraguay, Russia, Spain, Taiwan, Thailand and Ukraine.

Sales of illegal discs rose 4% in 2004, though the year saw the slowest increase since 2000, an indication that increased anti-piracy activity is having a positive effect.

Clearly the biggest threat to the record industry today is not P2P networks but the more traditional CD copying seen in the the IFPI’s ten priority countries where anti-piracy offensives are most needed.

The report contains a four point “Call to Governments” asking for strong and updated copyright laws, sentences to deter pirates, the regulation of disc manufacturing and a commitment to prosecute copyright infringers aggressively.

IFPI Chairman and CEO Jay Berman said: “Commercial music piracy dominates large swathes of the world’s music markets, despite an encouraging slowdown in growth in 2003. This illegal trade is funding organised crime, fuelling widespread corruption and costing governments hundreds of millions of dollars in lost taxes. It is destroying artist careers and music cultures, and robbing countries with high piracy rates of billions of dollars of investment they would otherwise enjoy.

“The responsibility now is for governments – and especially on the 10 priority countries our report names – to act decisively against the problem. This means proper enforcement, deterrent sentences against pirates, effective regulation of disc manufacturing and, above all, the political will to make sure real change happens.”

The report

Survey: US Console and Game Sales Down 2.5%

A survey from NPD indicates that US console hardware and software sales fell 2.5% during the first half of 2004. Price cuts from Sony and Microsoft saw a drop in the market’s value, but the number of units sold was up by 1%.

The console market in the US was worth US$3.4 billion (€2.78 billion) during the first six months of 2004, compared to US$3.5 billion (€2.86 billion) for the same period last year.

All of the consoles available have been on sale for at least two years now, so penetration is high – this caused a 17% drop in hardware sales. Portable software (that’ll be Game Boy cartridges then) fell 12%. However, internet accessories like the PS2’s broadband adaptor rose 120% and “speciality controllers” rose 184%. Looks like everybody decided to go out and buy a Wavebird.

“The reduced price points for Microsoft’s Xbox and Sony’s PlayStation 2 helped to stabilize industry sales during the first half of the year,” said Richard Ow, s senior video games analyst at NPD. “While the first quarter of 2004 was showing double-digit losses in console hardware unit sales, with the help of lower price points for the Xbox and PS2 during the second quarter of 2004, the industry actually saw double-digit increases in unit sales for the entire second quarter of the year.”

NPD

Infinium Labs Get $50 Million Credit Investment

Infinium Labs, broadband console manufacturer, has secured a new US$50 million credit line from an institutional investor. Infinium are planning to release their new console in the autumn – but there’s still now clues as to what gamers will actually be playing on it.

Infinium have retained HPC Capital Management to evaluate the company’s current and future capital needs. They, of course are confident in the Phantom’s prospects: “Infinium Labs is at the forefront of the revolution in gaming – the move from consoles and PCs to the streaming of a library of titles over broadband networks into the home, to a receiver that sits in the living room and is used by everyone in the family,” Vince Sbarra, President of HPC Capital Management, said in a statement. “We’ve been watching the number of broadband users increase every year. After carefully evaluating the industry, we feel that Infinium Labs represents a significant opportunity to enter this market with a company that has a solid management team that combines the experience of two worlds – executives from networking businesses and senior managers that have previously launched a successful game system.”

The Phantom is now billed as an always on “games receiver” – though no-one has publicly announced any content for it. Their latest brochure talks up the service: “This fall, the dream of being able to purchase any game, at any time, from the comfort of the family room, becomes a reaility.”

Any game? It’s said that the Infinium will run specially packaged PC games that will run without a complex installation and configuration process. The console itself is free, though the service costs US$30 (€24) a month, with premium games costing $5 (€4) for a three day “rental”. At this stage you’d expect Infinium to be creating demand by mentioning things like “Half Life 2” or “Far Cry” but no titles at all are associated with the console.

With an on sale date less than four months away, Infinium had better get a move on in enthusing the public about their content – people aren’t going to subscribe to a new service just because it comes with a free shiny box.

Infinium Labs

Survey: 10.8 million Next-Gen Music Players to be Sold in 2004

New research from Informa Media predicts that the world is going to rush out and buy 10.8 million digital music players in 2004. By the end of the year, there will be 21.5 million of them – most of them on the Central Line, I predict.

Informa say that this spending will have a mixed effect as consumers will fill the players with their existing CD collections before venturing out to buy music from online stores. “It’s great news for the actual manufacturers, but for the music companies at the moment it’s not going to be an instant boom,” said Simon Dyson, an analyst with Informa.

I know my own music purchasing took a dip as I spent my first couple of months with my iPod listening to things that I’d bought years ago and not really bothered, with before buying new music.

Online music services are doing spectacularly well nonetheless, and will only do better as more players get into the market and people experiment with new music.

Projected snags are the public’s realisation that they can’t transfer tunes from devices and that many music stores are incompatible – something bought from Napster won’t play on your iPod, for example. Writing about music services means that I have a vast array of music in different formats and remembering what track plays in what programme or device is extremely irritating.

“Incompatibility between some downloads and the most popular portable players could become an issue in the very near future,” Dyson commented.

You don’t say.

Informa media

Console Modification Now Illegal in the UK

Bad news for gamers who like to play import titles on their consoles – the UK high court has ruled that it is illegal to sell, advertise or even possess mod chips for commercial purposes. Mod chips are small circuits used to circumvent region locking schemes on consoles, but can also be used to defeat copy protection systems.

The ruling came from a case against David Ball – it was judged that the trader acted unlawfully by selling 1,500 Messiah 2 mod chips, under the new European Union Copyright Directive. The EUCD is seen by some as even more restrictive to consumer rights than the American Digital Millennium Copyright Act. The case was brought against Mr Ball by Sony Computer Entertainment Europe.

Mod chips are used by gamers to play import games – many prized Japanese games do not see a release in the UK, or are months behind. Often a mod chip is the only way that a gamer can have the opportunity to play a title from another market. Animal Crossing is a splendid, released in Japan two years ago, the game is only just getting a European release – and only after campaigns and protests to Nintendo convinced them to release it. Needless to say I myself have been happily playing the game for some months.

“This case, together with the recent successful criminal case against chippers in Belgium, confirms in the clearest possible terms that Sony Computer Entertainment Europe has the right to protect the illegal infringement of our intellectual property rights, and those of third party game developers,” said SCEE president David Reeves. “We are sending a clear message to manufacturers and distributors of mod chips throughout the PAL territories that we will continue to pursue legal action against them.”

Implementations of the EUCD tend to be inconsistent however – Sony recently lost a case in Spain and an Italian court recently ruled that it was up to the console owner what they did with their console, not the manufacturer – and indeed ruled that the chips are essential to preventing monopolies.

SCEE

Welcome to Animal Crossing

iMesh Pays Out, Changes Business Model

iMesh.com have just paid out US$4.1 million (€3.34 million) in compensation to the US music industry to settle a lawsuit on their P2P software. The iMesh client software was accused of helping internet users to download music illegally, and so record companies pursued them for US$150,000 (€122,400) per song plus legal fees.

iMesh are now operating under Bridgemar Services and have promised to introduce a new, non-infringing, service. No details are forthcoming on what the service might be, though. Their website simply states: “Don’t worry — we are not going anywhere. We have been doing this for a very long time and are very good at what we do. So, we anticipate no gaps in service while we transition to the new model. The new model will launch later this year.”

The company is upbeat about settling the case, however: “iMesh views this as a historic opportunity. We agreed to settle in order to ensure our ability to provide you with more content and better technology than any of our competitors. Under the New iMesh model, which will launch later this year, you will be able to find and share the content you want without fear of being sued.”

There’s the issue: there’s nothing to prevent the RIAA now suing the music sharers and downloaders who used the iMesh service.

Whether iMesh will be successful in relaunching itself as a legitimate P2P service, much like Napster’s moderately successful reinvention, remains to be seen.

iMesh