Business

Changes to business digitisation brings

  • MidemNet 2004 report

    By Paul Hosford, partner, New Media Law

    The fifth MidemNet 2004 opened the week long international music industry’s conference in Cannes. In heavily attended sessions this year, it appears, at least on the surface, that the industry is at last grasping on-demand digital distribution of music – the legal variety that is.

    MidemNet is the music industry’s international forum that attracts players from every corner of the business to get together and discuss the issues confronting an industry severely impacted by the illegal distribution of millions of copies of its product.

    Ted Cohen, EMI Music’ s senior VP of digital development and distribution, opened with the positive pro-industry message – commercial downloads represent the ultimate way forward for music consumers. He feels that it will come of age in 2004, and when legal battles are overcome and the consumer is empowered by commercialised P2P delivery, the industry’s bad reputation will begin to improve.

    Keynote interviewee Eddy Cue of Apple’s Internet services announced what everyone suspected, the iTunes Music Store would launch in Europe at some point. iTunes throws into relief these challenges for the music business. Launched in April 2003 as a proprietary platform download service, the Music Store leverages Apple’s existing back-end infrastructure to offer a flat fee of 99 cents per track, and now offering 0.5 million tracks, made available by the Major record labels under recent licensing, but only available to US consumers. The delay in the European launch has been put down to resolving licensing across countries.

    Setting out to develop “a better Kazaa” by 5 January 2004, iTunes has sold more than 30 million tracks in all kinds of genres, predominantly to an over-21 demographic. This has moved the Majors on from a proposition that only 2 and a half years ago was not on their list of potential licensing opportunities.

    Whilst we all know and covet that beautifully packaged piece of must-have hardware that is the iPod, the reality is that Apples share of the 99 cents may not, in isolation, be sufficient to rev-up their share price. What is clear is that sales of iPod are going through the roof.

    There has been a lot of discussion here about iTunes downloads not being platform-independent and that ultimately this may become a sticking point for the device-rich consumer who wants the flexibility to listen to their paid-for music on any device they own. In the meantime, iTunes sales still represent small numbers when compared to the world of illegal P2P sharing.

    The European iTunes delay has highlighted a major problem. What will remain firmly as the principal challenge for any pan-European initiative is an industry with differing product release dates, differing licensing and rights collection mechanisms across the European territories – and differing price models. The message is clear – the industry must push through change in these licensing and publishing practices across the major markets.

    In the panel sessions representatives of OD2, EMI Music, RealNetworks, French ISP Wanadoo and mmO2, debated the very real technical problems of delivering to consumers a single product where the industry’s marketplace and accounting mechanisms are territorially divergent and a very long way from uniformity. Whilst EMI’s goal is obviously, to sell more music by making it available in multiple formats on any platform, corralling all the various rights holders that share in recorded music remains the Major Labels most immediate challenge.

    For the content aggregators, the ISP’s mobile networks and digital music intermediaries, the problems are different, but equally complex. They must deal with multiple payment mechanisms, differing pricing regimes and a complex value chain that makes it very challenging to deliver cost effective alternatives to paying consumers demanding of quality content. What will be critical to delivering a successful consumer experience is cross-platform transferability of the downloaded track that is paid for once.

    In the meantime, the disc media formats are very much alive and kicking representing over 90 percent of music bought today. Your correspondent for one is looking forward to experiencing SACD recordings – real surround sound.

  • Warner Music Group to have New Head

    Digital-Lifestyles.info is not just about the content and the technology, it is also significant changes within companies behind them. This time interesting moves in the music world. It looks like there are grand plans afoot for the new Warner Music Group, after the completion of its $2.6Bn purchase by a consortium of investors led by Edgar Bronfman, Jr.

    Bronfman, who transformed Seagrams from an company that only sold alcohol to one encompassing music (Polygram music) and film (Universal pictures) empires, is not know for his mellow view on file sharing networks – “We must restrict the anonymity behind which people hide to commit crimes. As citizens, we have a right to privacy. We have no such right to anonymity”, he said when commenting on the Napster controversy.

    That might not mean that some of his ideas might not be radical. He has just hired Lyor Cohen, the current CEO of Island Def Jam Recordings, whose 21 year stint with Def Jam has included launching the careers of Run DMC, the Beastie Boys, Public Enemy. He is highly rated for his different approach to business by his long-time friend and business partner Russell Simmons – “When most people throw money at things, Lyor throws creativity … his vision is just different. You have to find new ways to do things. You have to be creative. The whole business needs to be revamped and Lyor knows how to do this and that’s why this new job is perfect for him.”

    Cohen will have control over the second most powerful music entertainment company, which according to Nielsen SoundScan have an 18% share of the market with only Universal ahead with 28%. Not bad for someone who starting as road manager for Run-DMC, especially given his package is rumoured to be worth $50 million.

    Hoffman is clear in his intentions, “Our fundamental focus is growing a competitive company”.

    USA Today – Lyor Cohen to head Warner Music Group

    Edgar Bronfman, Jr – profile

  • Oscar Voter Accused of Film Leak

    As everyone is now aware, the film industry is very concerned about people taking digital copies of their work. Their major focus is on passing this message on to their customer, the buying public, but AT&T: Film industry insiders are major source for online pirate films

    LA Times: Screener Ends Up on the Internet

  • TiVo Claim Patent Infringment by EchoStar

    PVR pioneer, TiVo, has filed a patent infringement suit against US satellite TV provider, EchoStar. They are claiming that EchoStar are using technology that violates their patent, “multimedia time warping system”, that enables viewers to “store selected television broadcast programs while the user is simultaneously watching or reviewing another program” that they filed for in 1998 and were granted in 2001.

    The headline is clear, TiVo start to see the PVR world become accepted by the general public and want to start gaining income from their patents – they have 40 awarded and a further 100 applications pending. It is also in TiVo business plan to increase their income from patents and reduce their reliance on selling boxes.

    We wonder if there is another, less immediately obvious, intention. One of TiVo’s largest customers is US satellite TV provider DirecTV, who were recently taken over by Rupert Murdoch and amongst the many companies that Mr Murdoch has as interest in is NDS. NDS market a PVT, the XTV PVR, which could be a major threat to TiVo and their continuing relationship as a supplier to DirecTV – unless DirecTV know legal action would following the changing of suppliers.

    EchoStar PVR

    NDS XTV PVR

  • DVD-Jon Officially in the Clear

    Norwegian computer programmer, Jon Lech Johansen will be relieved to hear that his countries state prosecutor that handles computer crime, ØKOKRIM, today that they will not appeal the court ruling clearing him of wrong doing on 22.Dec.03.

    His alleged crime was that he circumvented the copy protection scheme on his film DVD. His plea was that he wanted to play his legally purchased DVD on his Linux computer, and as there was no software that enabled him to do this, we wrote deCSS that removed the protection enabling him to play it. This is not normally something the general public would hear about, but DVD-Jon, as he became known as, uploaded the software to the Internet enabling others to use it.

    In January 2000, he was awarded the Karoline Prize, a prestigious national prize in Norway, given annually to a high school student for academic excellence and making a significant contribution to society outside of school for deCSS.

    When he turned 18, ØKOKRIM Chief Prosecutor Inger Marie Sunde indicted Johansen for violating Norwegian Criminal Code section 145(2), which outlaws breaking into another person’s locked property to gain access to data that one is not entitled to access. The US MPAA gave considerable support to ØKOKRIM.

    On 22 December 2003 the Norwegian courts came to the decision that DVD-Jon could not be held accountable or punished for others’ use of his program and that “DVD is so vulnerable to damage that the purchaser must be entitled to make a copy, for example of a movie he is particularly interested in preserving”. Today ØKOKRIM confirmed that they would not be appealing the decision to a higher court.

    Hollywood will not be pleased with the outcome of this. It will be seen as a now legal “leak” for their DVD content in Europe.

    Aftenposten report

    ØKOKRIM

  • Holiday break

    Digital-Lifestyles.info will be taking a break until Monday 5.Jan.2004.We wish all of our readers and supporters a very happy holiday.

  • Vodafone Knock Microsoft Phone OS

    The Financial Times (FT) is reporting that Vodafone do not feel Microsoft’s phone OS is ready for mainstream use. Arun Sarin, Vodafone chief executive was quoted as saying “In our view, it’s not quite ready for prime time.” sighting Vodafones need for assurances about reliability before taking it up.

    Given Vodafone is the largest mobile phone operator, offering services in 28 countries around the globe; this is a serious setback for Microsoft.

    When Digital-Lifestyles.info contacted Microsoft to get their response one of their spokespeople said “Microsoft is working with Vodafone on a number of areas including a mobile web services standards initiative and we look forward to working with Vodafone to offer Windows Mobile-based Smartphones to their customers in the future. To date, neither Vodafone nor Microsoft has announced plans to offer Windows Mobile-based Smartphones on Vodafone’s network.” We took this as the need to say something rather than nothing.

    Elsewhere in the paper, in a full-length interview, Sarin also says that Vodafone want to have their own branded handsets, so they don’t loose their customer relationship to companies like Nokia, who currently provide one in every two mobile phones sold in Europe.

    “Brand is a very big issue for us,” he says. “When you think about fast food, you think of McDonald’s. When you think about a soft drink, you think of Coke. What we would like is when people think mobile products and services, they go to Vodafone.”

    Vodafone want a standard feel to handsets, starting when it is switched on by displaying a Vodafone graphic and each handset having a single-touch button that takes the owner to Vodafone Live, their content offering. They are already pursing these with a growing number of Asian manufacturers willing to compromise on product branding.

    All of these contentious comments come from Mr Sarin first formal media interview. With an opening with controversial comments like this, it should be interesting to hear what he has to say in the future.

    The full Sarin interview on FT.com (subscription req.)

  • Canada OK’s P2P Music Downloads

    The Copyright Board of Canada has decided that the downloading of music for personal user from peer-to-peer networks is legal, but uploading files to them is not. Canada’s copyright law allow making a copy for personal use and does not address the source of that copy or whether the original has to be an authorised or non-infringing version.

    Clearly the recording industry does not like or agree with the opinion. Richard Pfohl, general counsel for the Canadian Recording Industry Association said, “This is the opinion of the Copyright Board, but Canadian courts will decide this issue.”

    Currently Canadians, and a number of other countries, pay a levy on recordable media; audio tapes (29¢C, ~$0.22, ~€0.18, ~£0.13), MiniDisc (77¢C, ~$0.59, ~€0.48, ~£0.34) and blank data (21¢C, ~$0.16, ~€0.13, ~£0.09) and audio CDs (77¢C, ~$0.59, ~€0.48, ~£0.34). Non-removable memory permanently embedded in MP3 players have now been added to this list, with C$2 (~$1.52, ~€1.24, ~£0.87) up to 1Gb of data, C$15 (~$11.41, ~€9.27, ~£6.54) for between 1Gb – 10Gb and C$25 (~$19.02, ~€15.45, ~£10.89) above 10Gb.

    Interestingly, Digital Audio Tape (DAT), micro-cassettes, rewritable DVDs, removable memory cards (such as SmartMedia, CompactFlash and Secure Digital Memory cards) and removable micro hard drives are not currently covered.

    The levies will be collected from the manufacturers and distributed to music companies and rights holders via the Canadian Private Copying Collective, a non-profit agency. It is expected that the levies will be passed on to the consumer.

    Copyright Board’s Private Copying 2003-2004 Decision

    Canadian Private Copying Collective

  • Microsoft to Charge for FAT Filing

    Microsoft have announced that they will be introducing a licensing fee for the use of their patented portions of the File Allocation Table (FAT).

    The FAT contains the list the filenames, their size and location of files that are held on computer media – essentially the index of the files are stored and is used to retrieve them. The structure was originally developed under Microsoft’s original Disk Operating System (DOS) and then under in Windows, later to be replaced by NT Filing System (NTFS). It has become the dominant standard and as such enables the simple interchange of files between different digital devices, such as transferring digital photos held on a camera using a removable Smart Media or via USB lead to a PC.

    Microsoft propose two licensing models; one for removable media, covering the preformatting of the media and media preloaded with content, which could, for example be USB drive keyrings, memory cartridges, etc; the other for manufacturers of certain consumer electronics (CE) devices, which they define as follows

    “portable digital still cameras; portable digital video cameras; portable digital still/video cameras; portable digital audio players; portable digital video players; portable digital audio/video players; multifunction printers; electronic photo frames; electronic musical instruments; and standard televisions”.

    Charges are planned at US$0.25 per unit with a cap on total royalties of $250,000 per manufacturer.

    They are effectively saying, if your consumers want to easily exchange information with computers that run Windows, you need to pay us some money to enable that. This could be because they now acknowledge that not every consumer electronics devices will run Windows and want to ensure that they gain some income from them.

    It will be interesting to see how the CE companies respond. Will they grit their teeth and pay Microsoft, or will they collectively decide to use an open source filing system. It is a potentially risky move by Microsoft, and could have the affect of pushing people away from their platform.

    Microsoft terms

  • TiVo Losses Narrow

    TiVo have announced they have over one million subscribers after adding 209,000 subscriptions in the last quarter. 59,000 of these were purchases of TiVo equipment; the other three quarters were through their partnership with DirecTV.

    Looking forward, they have altered their projection upwards to 1.37m subscribers by the end of year and expect to add over one million more subscriptions in the next fiscal year.

    TiVo are still operating at a loss of $7.4 million, or 11 cents per share, on $22.7 million in services and technology sales. Despite beating the analysts expectation of a loss of 16 cents per share on sales of $17.7 million, TiVo stock dropped 12% on Friday.

    As Rupert Murdoch prepares to take over DirecTV, there are concerns about TiVo’s supplier relationship with them as Murdoch has a strong business relationship with NDS who also provide Digital Video Recorders. Investors felt some comfort back in October when DirecTV Chairman and CEO Eddy Hartenstein joined TiVo’s board of directors and a promotional partnership with Fox was signed.

    Detailed TiVo results [PDF]

    TiVo