Roxio to Sell Software Division and Change Name to Napster

Roxio is to get out of the software industry and concentrate solely on digital music – even to the extent of ditching its name and becoming Napster. Online music services are so popular, and the Napster brand still so well known, that it makes sense to to them get out of the software business completely by selling their software business to Sonic Solutions for US$80 million (€65 million).

Napster is making Roxio just under US$8 million a quarter, and will bring in between US$30 million (€24.5 million) and US$40 million (€32.5 million) in the financial year. More than half of Roxio’s income comes from Napster subscriptions, and Napster-branded MP3 players brought in US$1.1 million (€900,000). Napster subscriptions are a good revenue stream for the company – margins on downloaded songs are only 10%, but are as high as 40% on subs.

Roxio can see that there is limited life in the CD burning software market, especially now that operating systems like Windows XP have disk burning facilities built into them, and are getting more sophisticated all the time. Whilst there will be a market for specialist software for recording CDs for some time, many consumers’ needs are already satisfied by the disk burning capabilities already integrated into iTunes or their OS, leading to reduced demand for their products.

Napster CEO Chris Gorog said during a conference call announcing the sale: “With the news today, we are on a path to become a very well-funded pure play in one of the hottest sectors in the consumer technology market.”

Roxio will be testing Microsoft’s Janus DRM technology this year, allowing subscribers to move their content to portable players for the first time.

Sonic are quite pleased with their new acquisition – Roxio has a well-established consumer brand with high-profile distribution channels. Try buying a CD writer that doesn’t come with a Roxio product.

Roxio

Napster

Ringtone Market Now Worth Frightening US$2.5 billion; WAP Use Doubles, But Still Rubbish

Research groups are estimating that the worldwide ringtone market is now worth at least US$2.5 billion (€2 billion), with some groups claiming that it’s nearer US$3.5 billion (€2.85 billion).

The US market makes up just a tiny proportion of the US$2.5 billion figure, accounting for just US$140 million (€114 million) of ringtone sales – the bulk of the market is in Europe and Asia.

Like text messaging, ringtones are another completely unexpected mobile phone success story – ten years ago, mobile networks thought they’d be making their money from obvious things like phone calls.

Perhaps those guys in the panda outfits weren’t so daft after all.

WAP, however, was an unexpected failure – adoption of the difficult to use, worse to implement internet browsing protocol has been extremely slow. Slow to the point that it will soon be bypassed by traditional internet access on phones. Like teletext but slower and less interesting, figures from the Mobile Data Association indicate that 1.11 billion WAP pages were viewed during June 2004, up from 784 million in June 2003. The MDA estimate that the year total will be 13 billion for the year.

Mobile Data Association

Nokia Partners with Loudeye on Mobile Music

Nokia have signed Loudeye to develop and advanced wireless digital music platform for their range of mobile handsets. The announcement comes days after Motorola and Apple got together to bring iTunes to mobile phones.

No details on the platform have yet been released, but the deal is for several years.

“This agreement with Nokia represents a significant strategic opportunity for Loudeye to work with the leading mobile communications company in the world to develop an advanced wireless music platform,” said Jeff Cavins, Loudeye’s president and chief executive officer. “We are very excited about our relationship with Nokia and look forward to sharing more details in the future.”

This is another early step showing that online music services and handset manufacturers believe that mobile phones have tremendous potential as tools for listening to, and buying, digital music.

Loudeye recently acquired OD2, Europe’s leading white label music download service and claims to have the world’s largest music archive. We’ll be interested to see how the service ties in with Visual Radio, if at all. If Visual Radio gets a proper European or worldwide launch, then it may form the basis of a service for radio listeners to buy and download music heard during broadcasts.

Loudeye

Apple Settles EU Online Music Patent

E-Data and Apple have settled a patent case over selling music online in Europe. E-Data’s “Freeny” patent was established in 1985 and covers the transmission of information to a remote point-of-sale location, where the information is then transferred to a physical object. Basically, if you have a music service that allows tunes to be dropped onto any physical medium – CD, iPod, robot dog – then you’ll be hearing from E-Data.

You can bet that the person who thought the patent up back when Phil Collins was in the charts with Sussidoo was probably only dimly aware of ARPANET, if at all. Since MP3 didn’t exist then either, no doubt they dreamed of the 150 hour wait it would take for one of these new, exciting “CD” things to come down a high-technology 14k modem line.

E-Data have also settled with Microsoft in the past and, buoyed by these successes have launched no less than 14 more infringement suits against companies including Amazon and the New York Times. E-Data don’t actually make a product or operate their own music service.

E-Data Chairman Bert Brodsky said: “This settlement with Apple marks another important milestone, as we aggressively pursue companies that are infringing upon our intellectual property. We have identified additional companies that are infringing upon our intellectual property, both in the U.S. and abroad, and will seek the necessary legal actions to ensure that our rights are enforced worldwide.”

Tantalisingly, none of the financial details of E-Data’s settlement deals have been made public – we’d like to know how much they’re charging.

E-Data

iTunes on Linux with Crossover Office

Codeweavers have released version 3.1 of their CrossOver Office application – and this new version features support of Apple’s iTunes jukebox.

Codeweavers CEO Jeremy White said in a statement: “iTunes has been our number-one most requested application. We remain confident that by the end of 2005, the majority of Windows applications will be supported by CrossOver Office. Until then, we’re pleased to be bringing the appeal of iTunes to Linux users through the development of Version 3.1.” Indeed, Codeweavers intend to have 95% of Windows applications running by the end of next year.

CrossOver Office relies on Wine to make Windows programs work under Linux. Wine is an open source re-implementation of the Windows API, and does not use Microsoft code. It’s not an emulator either – think of it as a wrapper that allows Windows programs to run under Linux.

Unlike RealNetworks’ Harmony product, released last week, CrossOver office makes no changes to iPod and does not reverse-engineer any code. Apple has yet to make a comment, but it is unlikely that they will be as vehemently opposed to CrossOver Office as they were to Harmony.

Codeweavers

Wine Is Not an Emulator

SunnComm Upgrade MediaMax, Provide Carrot

SunnComm have upgraded their MediaMax copy protection system to make it harder to circumvent, and have even added extra features to bring some benefits to CD users.

MediaMax was controversial from the outset – putting a CD protected by the system into your PC automatically installed a driver to protect the content of the disk. Unless you held down the shift key, as Windows does not let CDs auto-run when the shift key is held down. Also, if you put a protected disk in your Mac, you basically had to send it back to Apple for repair. Oh, and MediaMax didn’t work in all home CD players, and worked in even fewer car stereos.

Circumventing a copy protection system is against the law in the US and Europe, so this made holding that shift key down a bit of a legal grey area. Mind you, installing software on a system without the owners permission is also illegal – and so is breaking someone’s Mac – so labels avoided SunnComm in droves.

MediaMax is back now, somewhat reinvented – security has been enhanced, and the disks are 100% compatible in consumer players.

The new iteration still requires software to be installed on your PC before it’ll read the protected optical medium. I hesitate in calling these CDs, because they are encoded to a different schema from CDs and are no longer compliant with the Red Book standard.

SunnComm, a company so paranoid you have to click a disclaimer before even viewing their homepage, seem to be learning a valuable lesson: the consumer is the one who is paying for the product, and so it is their rights that are important. As SunnComm’s president, Peter H. Jacobs, said: “Everyone at SunnComm believes that the best digital security technology should be ever mindful of the consumer experience.”

To provide the carrot for consumers, MediaMax can provide special features for consumers –videos, song lyrics and picture galleries.

Unlike DVDs, where special features come on a second disk and space is generally less tight, these little extras, plus the drivers, plus the software, and the video use up space that consumers might prefer to see spent on storing some nice, clear audio. Which is why they bought the disk in the first place, right? MediaMax might be a good option for disposable pop, but will never be acceptable to audiophiles, who need all of that 650mb for the music.

Finally, will I be able to play a 2004 vintage MediaMax disk in my PC fifteen years from now? Probably not – who is going to make sure that there’ll be a driver available for Windows 2020? You know how difficult it is to get your old DOS games working now, don’t you?

SunnComm

Apple Describes Harmony as a Crude Hack, Hits Back with DMCA

Apple have described RealNetworks’ new Harmony program, designed to play Real content on an iPod, as a crude hack, and even described RealNetworks themselves as hackers.

“We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod, and we are investigating the implications of their actions,” said Apple in a statement.

As predicted, Apple are turning to the DMCA to see if they have a case against RealNetworks. Many in the industry view this as a negative action by Apple, and could be regarded as anti-consumer. Headlines such as “Apple: The Microsoft of Music?” have started appearing, and accusations of maintaining a monopoly are now being levelled at Apple.

Harmony allows users to play Real content by wrapping the media in a FairPlay DRM layer – it doesn’t interfere with iPod’s FairPlay systems, or the iPod.

As RealNetworks said in a statement: “Harmony follows in a well-established tradition of fully legal, independently developed paths to achieve compatibility. There is ample and clear precedent for this activity, for instance the first IBM compatible PCs from Compaq. Harmony creates a way to lock content from Real’s music store in a way that is compatible with the iPod, Windows Media DRM devices, and Helix DRM devices. Harmony technology does not remove or disable any digital rights management system. Apple has suggested that new laws such as the DMCA are relevant to this dispute. In fact, the DMCA is not designed to prevent the creation of new methods of locking content and explicitly allows the creation of interoperable software.”

Apple are looking to change the iPod’s software so that Harmony does not work in the future: “We strongly caution Real and their customers that when we update our iPod software from time to time it is highly likely that Real’s Harmony technology will cease to work with current and future iPods.”

RealNetworks’ Statement

RIAA Wins Over ISPs

Judge Denny Chin of Manhattan has ruled that Cablevision and other ISPs must hand over details of file swappers to the RIAA to assist in their pursuit through the courts.

This contradicts a previous decision by the Washington DC appeals court, and only applies in New York, New Jersey and Connecticut. Specifically, it states that Cablevision has to provide personal details of a subscriber even before the RIAA has decided to sue him or her. The decision has surprised many in the industry.

It was the previous Washington decision that forced RIAA to prosecute downloaders as John Does, with decidedly mixed results – the RIAA only found out targets’ identities when it got to court.

It is staggering that a commercial body now has the power to extract personal information about members of the public from another company. Although the recent ruling does contain a provision that the RIAA must have a firm case against a user before demanding personal information – though of course, “a firm case” is always open to interpretation.

RIAA

Cablevision

Ken Rutkowski – the IBC Digital Lifestyles Interviews

The second in a series of eight articles with some of the people involved with the Digital Lifestyles conference day at IBC2004.

We interviewed Ken Rutkowski, the force behind Ken Radio, on the media platforms available to today’s consumers, and what’s exciting him.


Fraser Lovatt: It is possible that some of the visitors to Digital Lifestyles might not know about Ken Radio. Do you want to tell me a bit about yourself and what you are up to at the moment?
Ken Rutkowski: Well, Ken Radio is the largest piece of listened to content on the web with over 186,000 listeners every single day. What we do is we look at technology on a global level. Where most shows on TV or on Radio are generally very localised, we try to do away the whole US-centric concept and say “Hey, technology is global” and see how it impacts people. So we are trying to really see what is happening – like we say: other sites might break the news – we’re here to fix it.

By really bringing together a team of global observers that can dissect what is happening and then interpret it properly. So we are probably the only place where people can go to really find out what is going on at a global level. We are pretty proud of that.

What are you up to at the moment? What is your current project?
My broadcast business is radically different to what my personal business is. My personal business is a company called RefreshIQ.com What we do is we help technology companies have better interface with media companies. So we basically bring technology to Hollywood and Hollywood to technology. We allow companies like Microsoft to have better relationships with the Studios. We help companies like Nokia have better relationship with media companies.

Microsoft have recently set up their own internal group for this, haven’t?
Absolutely and that’s kind of a contradiction. Think about this – I don’t know – when you go to war you generally have to be on the ground where war is waged. For example World War II was waged in Europe initially – you went to Europe to fight the war. Well the war right now is in Hollywood and when you set up a shop in Redmond you are mixing with words.

The contradiction is they are playing war but they are not playing in the right place. We are here to help them actually understand the strategy and place their troops in the right place.

Recent social and technological developments are creating the concept of a digital lifestyle and we’ve seen an explosion in the number of media platforms that are out in the wild. How many media platforms do you think that people have space for in their lives? The reason I ask this question is because I was looking in my bag earlier on and I had more media platforms in that bag than my entire household had up until about 1995.
Let’s be realistic – what is the dream? The dream is to have one. That’s really the goal.

You know, I picked a brand new Nokia 7610, I think, and I’m finally seeing a convergence happening. Where I have my standard phone, it holds 18,000 of my contacts, shows me video, it’s a 1 mega pixel camera, it will have software to allow me to play MP3s – and now with some of the technology coming up, like Nokia’s visual radio, it can allow me to actually get some data from radio that’s fine.

Obviously it is not a high-quality camera, it is not a high-end MP3 player, it is a good phone and it’s got some decent video – and it’s moving in the right direction.

One device is sufficient and if the phone can be it – and I think it is going to move in that direction dominate that market.

I would like to see one device. Now you are asking the question – how many devices can people tolerate? Well I think that toleration is something that is based upon the actual time parameter. What do I mean by that? We uses to tolerate in XT or AT computer which weighed about 65 pounds with a monochrome screen that would go out every once in a while that had a fan that sounded like an aircraft carrier and it processed real slow. We tolerated it because that was accepted during that time.

Now we have flat screen monitors, we have three gigahertz processors. Right now people can’t accept having a wallet, a phone and a third device – being an MP3 player or a digital camera. The minute we start going over four, to a PDA or going to a GPS, I think we have gone too far.

We use the tolerance limit anything over – you are overboard. Now again let’s talk about that Utopian world that I want to be living in and have one – and I’m happy.

We have seen that today’s platforms mean that there is some exciting content appearing. For example the quiz came called “Come and Have a Go”. It’s live broadcast and it uses the Java mobile phone application tool for the people at home so they can get involved. What other content are you excited about?
Well I think the location based technology stuff that we see proliferating right now throughout Japan is so damned exciting, you know we are able to locate my children and we see this even coming in the States and I know the UK has is too.

Using RFIDS? WiFi child tracking at Lego Billund?
No – let’s take it in another direction. What I find is heinous is that with cheating spouses, their husbands or wives can go out and buy a cheap phone and they put it in their spouses car. They put it in the car and turn it on and they are able to track to see where their spouse is. You know it is getting to a point where it is so inexpensive to do forms of surveillance.

Swatch, the watch making company has a watch that uses location-based GPS, so the parents can easily identify where their children are on a computer screen. You know technology is coming up right now where there is location based technology for cattle. In Montana they are using this – even in Mongolia they are using it for horses right now, where they can track where horses are. That’s cool stuff. It is so inexpensive.

We have RFIDS – sure the technology has been around for 20 years – giant retailers are starting to see how these ideas make sense. We are not going to have to go around and take everything out of our carts have it scanned, put it into a bag and walk out – we can just drag the cart out and be told exactly what we owe and we are done.

That is cool. Now a Java application at a phone – that is mundane.

But we have a Java application which ties together a broadcast programme and provides a new type of content.
Let’s take it this way. My TV is my TV.

My television might have more additions to it being for interactivity – polling, voting, e-commerce and all that – that’s my TV – don’t give me television on my phone. My radio is my radio. Now if I want to use my phone as a radio – I can tolerate that because it is a device that I need to have portable with me because I am conditioned to have a portable with me. If I can get information like Nokia’s Visual Radio is doing, that’s cool, because I’m conditioned to take radio on the go. I’m not conditioned to take television on the go. I don’t want people to be watching TV on the go. We have a society that is suffering from the inability to collaborate right now. Add another one?

What about creating types of content that could never exist before?
I had the opportunity to see this really cool web cam technology that allows me to use my GPS – GSM phone and my camera on my phone to be a live streaming web cam. I could call my son and I could say “Look what daddy’s looking at right now? I’m looking at the Statue of Liberty”. He is able to go to a web page and see what his Dad is looking at right now. That’s cool.

Also, I think Microsoft’s Media Centre really is going to be exciting. It finally takes your pictures, your CDs, your DVDs, your music, your television and aggregates it into one platform and you finally get to use the TV as a true collaborative tool.

What is exciting is taking existing models like television. I hate to use these 1990 terms but time shifting is becoming to reality. The word “TiVo” is becoming part of the English language – you don’t tape TV shows any more you “TiVo”.

It is coming out to where even in Movies “I TiVo’d that”. We have seen it in Sex in the City. There was whole episode around her TiVo was better than her boyfriend because it was consistent and reliable. It is so amazing to start seeing this technology become part of our lives. We are becoming dependent upon it.

For example – I’m in Washington DC, I live in Los Angeles, and I am able to go to my own special web page to make sure I have taped my favourite shows because when I get back to Los Angeles I get excited to watch my shows on my time without commercials. That is so damned exciting. I get home – technology has transformed my life.

So we have TV – we have location based technology devices that are coming out. I actually think where portable media players are going is really hot.

We can take all of our media with us in any environment – I am sitting in a hotel room right now and I am able to link to my server at home which is actually quite easy. I call it KIDMA. If it’s kidma, meaning my kids or my grandmother can do it, that right there just passed the test. These new devices are kidma – they are easy and simple – so I could sit down and listen to all my music sitting in Los Angeles right now right here in Washington DC. I don’t feel like I am away from home now.

The last thing which I get really excited about is the unified messaging technology that is coming out. Are you familiar with this?

Email, SMS etc together in one place?
Let’s take it a little further than that. I now can have the universal phone number – one phone number – and I can travel throughout the world and I can always be reached by that phone number in multiple ways.

There was a company about ten years ago called Wildfire, and there are better ones that allow me to have my own number and it follows me. So right now if somebody calls my number and I’m in Sydney, Australia it will find me and ring me on whatever mobile device I’m on or hotel phone in Sydney. If I’m not there, I am sleeping or I’m taking a shower when someone leaves that voicemail it will be emailed to me.

Unified messaging is so hot and we are starting to see some of the voice over IP companies bring services out.

So tell a little bit about your IBC session that’s coming up.
We’re going to really explore the idea of the platforms that are going to enable these devices.

This is important because anyone can paint a great picture – but tell me about the paint, the canvas and even the talent to make the picture. We are going to show how everything is put together so the technology on the consumer end will work. Interactive television is extremely dynamic and powerful, it is worth billions of dollars in the ad market. An interesting report came out recently from Jupiter Media Metric showing that the stereo-typical 18 – 34 male who everyone thought was playing video games would rather watch Survivor or rather watch television than play video games.

This is exciting – this is what the networks have been saying is true – well the numbers came out yesterday proving it. So that means television has the opportunity not just to become compelling but even generate more revenue. We are going to talk about how television, mobile devices and whatever the next generation media platform is, portable music player, or how they are going to empower the consumer to spend more money and be utilised even more.

How are established content businesses going to make money out of all these platforms then? Where is the business model? We have got lots of media companies out there like the BBC with huge media libraries and lots of resources to be able to create compelling media, but it can be argued that but there is no proven way to get the cash out of the consumer at the other end.
Well I would disagree with that – let’s look at a couple of ways.

One, we know that companies like Apple’s iTunes, Rhapsody or Harmony by real networks – even Microsoft MSN music – they’re generating money. iTunes is reporting some really decent sales not just on the music side that works.
Now let’s take music to the next level and look at fan based sites. Sites that you subscribe to you’re like David Bowie you now are part of David Bowie’s community which will include music, video, emails, chat – people will pay money for that.

Those advanced services that we were talking about earlier like location based technology and phones that might cost two or three dollars a month extra. People are not just willing, they are paying it. We don’t want to use Japan as a good example because their culture is radically different than in the West, but they prove that advanced technology services are worth paying for.

The next is the simple idea of advanced tools for television. Premium channels like HBO and Showtime. HBO has more Emmys than any one single Network right now. We are seeing people paying for premium content on television, which means that the trickle down concept always applies. If they pay for it on television once true broadband – we are not talking about a megabit, we are talking about 5/10 megabits – people will pay for premium content because it will feel like it’s television, coming through a TV.

So when you say it’s not there, it is there, it is in unique situations, but it is going to build and I see the money opportunities.

I think this is probably one of the most exciting times – and I didn’t even say that through the dot com times – one of the most exciting times to be part of this brand new industry.

What about the little media start-ups who are going to be faster moving, more technologically savvy – how are they going to capitalise on convergence?
Think about this idea – News Corporation’s Lucy Hood, who is running it on the technology side, creating content in one minute. Mini series for mobile phones – you are creating content with a cast, with screen writers to create one minute episodics on the phone. They’re going in a direction saying “Let’s look at the money and seize this opportunity”.

Again, you know my position regarding taking television to a phone, I don’t think it is going to work but we are seeing News Corp trying it out, we are seeing companies playing an HD. HD is going to be explosive.

HD is a brand new environment for consumers once HD televisions drops down in price, which they will soon.

So these studios can use tools like Final Cut Pro, even some of the cheap Avid systems to produce HD at a fraction of the cost of two years ago. That’s compelling.

What do you think of iTunes/Motorola deal?
They’re making a slimmed down version of its iTunes jukebox software that cell phone makers like Motorola will install in its wireless devices, to be rolled out in 2005.

That is the right direction. You know, again, back to your second question – how many devices will people be able to tolerate – if you could make my phone do everything – including being a functional music player, because I am conditioned to take music on the go, cool. It sounds like a good start. It’s a good catalyst. I don’t think it is going to be the win-all but it is the tweak to allow it to happen.

We have got content running on different hardware and software platforms and quite often consumers can’t move content from one platform to another because of incompatible DRM systems. How long do you think that is going to last?
Well you know the irony is most consumers don’t know about the limitations of that content.

They are going to find out pretty soon.
They are absolutely going to find out and once they find out they are going to start questioning the ideas – a 99 cent track that I could only have at 128k, only on four different devices, and not at the same time but individually? They are going to say “Well, wait a second a CD is a better value. I got the content at 320k, I can rip it and I can move it to any device”.

I have a feeling the labels will start questioning the value or the cost for certain DRM content. For example, if you want a 328k piece of content with unlimited DRM it is going to cost you three bucks, or maybe making it 99 cents with DRM. The labels have talked about this. I think the labels are going to have to change once the consumers are more educated.

I relish that day because what is going on is horrible, especially when you know the true value of that piece of media that you downloaded. It is extremely limited in its mobility because of its DRM. It pisses me off.

Ken Radio


Ken is chairing ‘Understanding the Range of Platforms – A Multitude of Destinations’ session between 14:00 and 15:30 at the IBC conference on Sunday, 12th September in Amsterdam. Register for IBC here

Survey: US Digital Music Sales Will Reach US$1.7 billion in 2009

A new survey from Jupiter Research indicates that the digital music market will grow rapidly from about US$270 million (€221 million) in 2004 to US$1.7 billion (€1.4 billion) in 2009. At that point, digital downloads will account for 12% of consumer music spending.

These new sales are expected to end the four years of declining sales, but won’t bring the industry back to its 1999 level of activities. Nor are downloads expected to start cannibalising CD sales any time soon.

Subscription services are expected to become more popular than downloads in the long run – on this, JupiterResearch VP and Senior Analyst David Card says: “The so-called celestial jukebox is in sight. But for now, it will appeal to music aficionados. The U.S. music industry must manage digital music as one of a series of incremental revenue streams, one that is in the same scale as licensing.”

US sales of digital music players are expected to grow by more than 50% per year for the next few years. Interestingly, the survey showed that 77% of consumers who would buy a player did not feel they needed more than 1000 songs on a player at any one time, irrespective of the size of their music collection.

Jupiter Research