Alan Ellis (Oink) acquitted
  • http://www.pcworld.com/article/187001/uk_jury_clears_operator_of_oink_bittorrent_search_engine.html

    "A jury in Teesside Crown Court in Middlesbrough acquitted Ellis in less than two hours."
  • whom you found not guilty..??

    ========================================
    albert pinto
    back exercises
  • and nothing changes since oink closes when it comes to leak. now there is a tweeter channel, bunch of forums and private torrent.



    and sale of CD drops 19% last year.
  • what.cd for the win!
  • miss OiNK so bad

    the glory days of Internet piracy
  • @squashed

    Yet singles sales are through the roof
  • And vinyl's up. Not big numbers, but up none the less! But yeah... the album's pretty much dead.
  • Just to be devils advocate - I don't really know why CDs should be dead. Sure they are selling less, but is the average music buyer buying fewer CDs because of the optical disc format specifically? I like the purchase a CD and get a digital download with it, but then are these people just discarding the disc when it arrives...most likely.

    I think it is merely the "speed" at which things are expected these days and nobody wants to wait for a label to mail them a CD! People wait for vinyl as those folks are usually collecting it as much as they are listening to it and sales are up YOY simply due to sales being lower in the past decade. Sure it is a great thing vinyl is up, I like it, but audiophiles can't be happy that the market is telling them vinyl over CD is the way to go. Can they?

    I still like CDs as they give me the option to rip at 320 or lower at my discretion and use a crisp clear source plus get a bit of physical artwork/booklet materials. Sure there are better "quality" audio formats than CDs, but I still think we are a few years back from FLAC files being the norm for mom and pop (or if that gets leap-frogged by some next format).

    I'm getting into the label business, I am conflicted on releasing CDs but still want to. Honestly, CDs are not that expensive to have made with artwork sleeves (instead of jewel cases) these days but if it isn't going to sell it is still wasted $$. Vinyl still costs more to release but will it sell more for the smaller to average indie act? I need some input here as I will be releasing a few projects this year and this forum ends up having folks on the bleeding edge along with the die hards as well as those simply "in the know". Do I press 1000 CDs or simply do 400 CDs and 200 vinyl for the same price (or who knows what the ratio would be)? I like the split option but opinions, thoughts??

    S
  • The record industry business model since the introduction of LP has increasingly moved toward selling unit of merchandise instead of thinking about consumer experience. This is particularly true in the CD era.



    It is far more profitable to sell 100K+ CD than filling 5000 concert seat, nevermind 100-200 small room performance times 5 venue tour. with introduction of MTV, creating a media superstar and selling  millions of CD is a global enterprise. It's the business model. the idiots in charge forgets to ask why we want to listen to music in the first place.



    IMO. when it comes to modern recording, we are in truly novel situation. This never happens before, We are not in situation where we simply changing format, from vinyl, to cassette to CD... to iPod.   but entirely new ball game. similar to introduction of broadcast radio,  music television, or even recording device itself. It's different era, that's why the major label has such difficult time adjusting. The public idea of what consuming music has changed, while the big label business model is still stuck in the 90's.



    just like radio and LP makes it possible for music fan to enjoy music without listening to a concert in person. Or how TV change the perception what live music performance suppose to be.



    something happens right now and this is so big that most major labels dont know how to handle it. They try to cling to old model while nobody knows what will happen.



    --------------



    my take:



    1. consumer expectation of what "recording music" suppose to be has now changed in major way. we have moved passed the CD-mtv-media product era. the Madonna-Michael jackson model. This is internet era.



    2. a kid that listen to 10-20 albums has different musical sophistication than a person that listen to 100-200 album. and somebody who listens to 1000-2000 albums is in different league ..... what happens if a person listen to 10-20K as afforded by the internet?



    3. music is not a single "activity" anymore (going to concert, buying record, going out,etc) but a class of information experience. It is about going to concert, reading blog, digging wiki/internet, google, tweet, etc.... it is much more active information exploration than passive $20 bucks a pop consumption.





    ------------

    so within this context current labels exist. The idea of selling CD/LP won't go away. just like small venue concert didn't go away with introduction of recording music or broadcasting radio.   Or mtv didn't kill radio. radio didn't kill sheet music. and Home taping didn't kill music. (stupid execs kill music)



    It's just different.



    The entire idea of consuming recording music, the experience, is once again shifting in major way.



    People will still buy CD but it will only be much smaller part of  recording music experience. largely nostalgia and remnance of old form of music commerce. and IMO should be classified as environmental crime with all that plastics.



    -----------



    ok. that part is easy. Any blogger could have concluded that one way or another. The big multi billion dollars question is...



    what now? what exactly constitute new listening experience? and more importantly to labels...how to make bucks out of it.



    I don't know.  I only know what I want.



    I tend to like the idea of small super iPod that act likes a giant university library.  It can stream live performance (just like radio/TV), it can hold recording music, it can give me all "information related to the music (art work, analysis, context, encyclopedia entry, computational map, etc)   I want to be able to share, connect, talk to all people I want to talk to in regard to that music and the data can be transferred to and from any other electronic device I want.   Maybe the device itself will turn into collaborative music device.



    basically, anything and everything about music inside my music player.



    the music, the creative force, fellow fans, the network, ... historical records.... everything inside my portable device...



    and why not? I saw where computer technology is heading. I know what is possible. Just like a person in the 50's dreaming of listening to music while driving a car. Or a kid in the 80's thinking how great being able to listen to music while walking around.



    I want my 2TB continuous highspeed wireless pocketable computer multimedia device NOW!!!!  I will pay good money for this.
  • I'm getting into the label business, I am conflicted on releasing CDs but still want to. Honestly, CDs are not that expensive to have made with artwork sleeves (instead of jewel cases) these days but if it isn't going to sell it is still wasted $$. Vinyl still costs more to release but will it sell more for the smaller to average indie act? I need some input here as I will be releasing a few projects this year and this forum ends up having folks on the bleeding edge along with the die hards as well as those simply "in the know". Do I press 1000 CDs or simply do 400 CDs and 200 vinyl for the same price (or who knows what the ratio would be)? I like the split option but opinions, thoughts??

    The problem you're going to run into with replicating less than 1000 cds is that of reverse economies of scale - the fixed setup costs involved in making *any* cds or records make getting 500 cds nearly as expensive as getting 1000 (Diskmakers' site says $745 vs $890). And it's even worse with vinyl - it may only cost a dollar to press a 12", but that's after at least $500 in mastering, plating, labels and such - not to mention packaging - it's not cheap to print 12x24 on cardboard that then gets cut, glued, and assembled. 200 professional-looking LPs can easily run you a grand by themselves.

    Doing multiple formats makes sense once you're making a few thousand of each, but unless you know you can sell them all, it doesn't make sense at smaller quantities. I prefer the vinyl+mp3 route, but for touring bands, nothing beats CDs, if only for promo..
  • @ bond - yeah, I completely agree. It is such a hard decision, I mean I am not in it to *really* make money but I also don't want to take a bath in the endeavor. Ultimately I want what works for the artists and the label. CDs and running 1000 just make soo much $$ sense, but if nobody wants them, then is it really making CDs the right thing to do? The artists need discs to sell at shows because that just is the way to go, vinyl would sell but not with the same amount of ease and #s. Digital will sell the most and is the easiest to set up, but there really needs to be a physical component in my opinion. I am willing to put a couple grand personally into a band I think is worth it, so maybe a CD/vinyl/digital is the way to go (at least until I have 6,7,8 bands that want releases at the same time....).

    Oh well...its for the love of the music, right? ;-)
  • if you know what  your paying audience want (always hard) maybe then you can do split album first.



    otherwise, there is known case of single hit making it well at iTune.
  • Oh well...its for the love of the music, right? ;-)

    yeh.. nobody's getting into the indie label biz for the money.

    For us, the choice hasn't been CD vs. Vinyl, but rather Vinyl vs. Spending that $1500 on promotion. If we only have a few grand to spend on a record, we're going to release it as cd + digital first, spend the rest on promo, and see what happens - if we sell 500 copies in the first few weeks, then we've covered our investment and can do a vinyl run, even if it loses money. But promo has to come first - otherwise no one's going to hear of the record you've got 3 versions of. It may also make more sense to save vinyl for a different release from the same band, maybe a 7" single before or after the record comes out. You won't make as much money on a 7" as you would w/ an album, but it will give cd-haters something to buy at the merch table.
  • Hey squashed - curious - your "2TB continuous highspeed wireless pocketable computer multimedia device".

    How would you charge for the content for this, if you owned the music or if you were a musician or label that supplied music for it?
  • I imagine it would be kind of a hybrid of a la carte cable tv or even netflix/la-la. The more you pay for in a "plan" allows greater access to the archive, but in the end, I imagine it will be a "plan" similar to a mobile phone bill or what will shake out next in TV programming (a la carte on-demand).

    I hope. ;-)
  • I can only think of some combination of current model...(too lazy to imagine a new one)

    A little bit of this, a little bit of that.



    Since the device itself will be practically a full computer instead of Ipod/iPhone...imagination is the limit.  Remember this device is complete multimedia It will play audio, video, radio, TV, newspaper, books, internet device...anything..they are all the same to this device. So whatever current successful model in one medium probably survive with minor modification and get remix into different services...



    1. the cable TV/cellphone/satellite radio model  (small monthly fee to access the network)



    2. paying to internet service (fan club, paywall newsite, breaking news, etc)



    3. pay per view (life performance or unique show)..I am sure you can hook up the device to a TV (since even now some cellphone has 720p cableout. USB 3.0 can handle high def)



    4. selling merchandise. (be it physical or digital content.  box set, research paper, books, special edition albums, new original content, etc)



    5. advertising...(with this much personal information in a device. Just about any corporation will pay good money to deliver precise ad to the device.)



    6. new service like personalized DJ, remix just for you...bla bla..



    7. as musical tourist guide in real world (GPS/tour map/concert guide, etc)



    -----------



    ultimately, whatever that makes mp3 blog works...

    (there are too many music, somebody point me to a good one, organize it in logical way, with nice presentation. that will worth money in the future.)



    We are talking high speed wireless with 2 TB storage here. The amount of information is ginourmous... ya need a guide to sort it all out...
  • That's the part that always really pissed me off about OiNK...assholes enriching themselves off the backs of musicians and songwriters. Same goes for Benny at ReaganYouth (pulls in advertising money and donations for full album pirated downloads). I don't take issue with fans who download music from one another or who share music, just slimeballs who do this enmasse and collect money on it as if it were their own.
  • I can't find any detail on exactly why he was acquitted, and I can't see any real difference between this and the Pirate Bay case.  All I can find so far is some vague comments about him only being charged with 'Intent to Defraud', but seeing as he had no actual illegal music files himself that was difficult to prove.  Intent to facilitate fraud becomes a stickier issue, both in terms of the law surrounding it and the ability to prove his intentions, when the fraud itself was just a side effect of the network he set up (or so he might argue).



    Nevertheless, he was profiting, and it is pretty clear that the network he built had the sole purpose of trafficking in copyright material, so I am really curious to know on what basis he was actually acquited because, frankly, I can't see how he had a leg to stand on, particularly in the light of international precedent.  Mind you, I suppose it could be down to the vagaries of UK law, but I'm still in the dark.



    It's interesting though, because here is someone who was making money by operating a file-sharing system.  Not blog-based advertising dollars, which I assume are pretty much always rather meagre, but genuine cash.  In terms of a really fucking stupidly obvious model for 'making money out of music', which we all seem to be scratching our heads over, surely a licensed, subscription based version of this would be feasible to implement.  It's a closed system, and presumably easy enough to track traffic volumes, so you could even use tiered billing quite easily. 



    Maybe because of this and the recent emergence of the likes of Spotify the political will to prosecute this is waning in the face of the will to exploit it.  It would be nice to think so, but probably naive.



    (Wendy, did you get my email the other week?  Are you still blacklisted?)
  • I haven't looked at the legal components of this properly (been a bit busy), but intent to defraud was unlikely to succeed as a charge for P2P unless the prosecution manages to prove his intent was fraudulent which is surprisingly difficult - or at least that was my understanding.

    The Pirate Bay founders were up for making available copyrighted music/film, which they were doing. I know very little about Swedish law, but that sounds like strict liability - so if they can show that is what the Pirate Bay people were doing, then they are guilty - no matter of intent.

    Intention to defraud is a more serious charge and is more difficult to prove, but probably has a harsher sentence. The law in general is having real trouble being relevant to file sharing cases unless the accused is personally sharing the file.
  • By the way - my personal views on it are similar to Wendy's - sharing for profit means the profits should go to the bands/labels *not* exclusively 3rd parties.
  • I think he tried to argue that the monies received were going toward server costs, but with a number like $300,000 I'm not sure that flies. I could see where The Pirate Bay could possibly justify that number, given they presumably have millions using their site, but I think there were only around 200,000 users at OiNK's peak. It's also a radically different number than what was offered by his lawyer in the original article. He said Ellis only collected around $36,000 to cover server costs. So I'm curious as to how they justify the difference.
  • So Tim, without knowing all the ins and outs, would you hazard a guess and say they might have screwed themselves by going for the harsher charge?
  • Being charged in a different country with different laws, the prosecutors likely did not have the same options to choose from. Comparisons are pretty much apples :: oranges. Neither of these countries has anything as restrictive as the United States' DMCA as far as copyright law goes.
  • Hmm, I always understood that British copyright was even more restrictive, but maybe that was a misread.
  • Yeah Swedish v British laws are apples v oranges, but both will have had to implement general principles from EU and WTO treaties - so there will be similarities.

    British copyright law is way behind the times, and so some parts are overly restrictive but also others are just not enforced. I doubt, however, there was a relevant law to prosecute someone running a bittorrent index without earning much money off it directly. I have no doubt they could have fined him under a lesser copyright infringement charge, but they would have to prove actual loss so that could have harmed their PR as a download != lost sale as we all know. Does anyone know the charge for the tv-links case? - I imagine that would be similar even though Bittorrent removes Ellis one step further.

    Again, I have covered very little media law as yet, and my knowledge of Swedish law is pretty much zero. I may research these next term though for interest sake if nothing else.
  • Well fucking get to media law then, and stop complaining.  We need an insider who knows this shit!
  • I start it in March, although more IP than media but whatever. I'll at least get to talk to some media law peeps then.
  • From what I can gather, IP law should have you tearing your hair out.  Good luck.
  • Well, it’s amazing. The miracle has been done. Hat’s off. Well done, as we know that “hard work always pays off”, after a long struggle with sincere effort it’s done.
    ------------
    marqthompson
    Furniture Packages Spain
  • It is, indeed, fucking amazing.
  • Thought this seemed vaguely relevant to this...well, the Ellis thing, not the guy advertising furniture.

    http://www.musically.com/theleadingquestion/downloads/090713-filesharing.pdf

    The overall percentage of music fans file-sharing regularly (i.e. every month) has gone down since the last national survey. In December 2007 22% regularly file- shared tracks, but in January 2009 this was down to 17%, a comparative drop of nearly a quarter.

    The biggest drop in those regularly file-sharing occurred amongst 14-18 year olds. (In December 2007 42% of 14-18s were filesharing at least once a month. In January 2009 this was down to just 26%)This is despite the fact that the percentage of music fans who have ever file-shared has, unsurprisingly, increased, rising from 28% in December 2007 to 31% in January 2009. The move to streaming – e.g. YouTube, MySpace and Spotify – is clear with the research showing that many teens (65%) are streaming music regularly (i.e. each month). Nearly twice as many 14-18s (31%) listen to streamed music on their computer every day compared to music fans overall (18%). More fans are regularly sharing burned CDs and bluetoothing tracks to each other than file-sharing tracks.
  • I've been looking for some sweet Spaniard ottomans.
  • Sean, interesting article... seems to go with something I think someone hit on somewhere, how "blogging is dead" by people going to their friends for music on twitter/facebook/tumblr rather than some blogger. I don't think blogging is dead yet, personally, but I can see how Johnny trusts & gets his music more and more from his buddy Billy who sent him a mp3 or whatever vs randomly downloading a bunch of stuff and seeing what sticks (too time consuming??).
  • What is iTune?
  • Tsuru - it's still the same thing, surely?  The goal is to become a widely trusted source - doesn't matter how you put it out there.
  • I agree, but I can see how, with how huge FB & Twitter are today, some kid wouldn't bother with blogs and just get their new stuff from their friends. My oldest is like that, loves music, plays music, recently had her first gig, music is her life kinda thing, never even thinks to go to a blog, or pitchfork, or any of that. She gets her new music from her circle...

    Makes sense, I guess?
  • Yes, but my blog updates feed through my FB account and my Twitter feed, and then I add specific stuff to those streams depending on suitability.  So it's still all one thing, really.
  • No, yeah, I get ya! I do the same thing, I think what I mean is "for real friends"... Keeping my oldest (she's 17) as the example, she's got her school friends in Arizona, she's got old friends from Florida, and she's got relatives and what not. She on FB with all of them, right? So, her boyfriend will share a Gaga track or new video on Facebook and then she'll see it. Her source for music will be her actual Facebook friends and maybe the bands she fanned or liked or whatever they call it now for FB pages.

    So, if before extreme social networking, you had 100 people and maybe half would out finding music because sharing music wasn't as easy, right? The other 50 would either not care about new music (yay top40 radio?) or get CDs from friends or whatever.

    Now, it's a hassle to even find music you like (too many options & sources) so only the super music geeks of that 100, say 10 of them, would go "find" the music, the 40 others would get their music from that 10, and the other 50 are still just listening to crappy top 40!

    lol.

    My numbers are jacked up and coming out my ass, of course, but it's kinda the gist of what I'm thinking is going on?

    These kids are "busy" now, and going out and finding music when half your friends are constantly feeding you music you like already seems silly & pointless. I think they still do on occasion during down times or whatever, but I think it's only the hardcore music geeks really doing it actively. And of them, most probably have a music blog now! lol!

    ;)

    I think earfarm was the one with the recent article on how music blogs are dead, but not really. I don't agree with his sweeping statements on blogs, but I think I get what he was saying and some of it ties in to what I'm poorly trying to say...

    ah... found it >>> http://earfarm.com/band-of-the-week/feature/11714
  • Matthew, I think what Tsuru is saying is that for the generation that's 14-18 right now, you aren't a trusted source. Meaning blogs in general may be shifting from trusted to just another cog in the mighty PR machine (and for many blogs, that's probably not an invalid criticism). I think for a certain percentage of those kids, blogs have essentially turned into The Man in the same way that a lot of bloggers view/viewed Spin/Rolling Stone/NME/etc. as The Man. Especially when some blogs are covered head to toe with just as many ads as the mags are. Although I seem to remember reading an article that said 14-18 year olds were less suspicious of advertising than they used to be, so I could be completely off base on that part. But the main gist is that it's probably cooler for someone that age to say they were turned on to Band A by their friend Billy rather than they were turned onto Band A by Random Blog B, in much the same way it's probably seen as uncool to say you found a band via NME.
  • Much better written, thanks!

    My only push back is The Man comment, I think it's more time & convenience then some authority thing. Why mess with blogs, reading through all that crap, when the people whose approval I care most about, my friends, are sending me the music I, not only like, but, for some I imagine (peer pressure, desire to belong/be part of the group, etc), "should" be listening to, you know?
  • I honestly think you're both over-analysing.  If you consistently find and spread good music, you'll become a trusted source.  Simply, stop caring about the medium and start worrying about whether or not people trust your recommendations.  Sure I like to talk to much, and of course a lot of people don't care, but if I consistently find good things in amongst all the chaff, I really don't think it matters.
  • I don't think it's a matter of worry, just recognizing that where people get their music changes over time. Based on a lot of articles I've read lately (as well as the study referenced above) it seems like (some) teens are essentially shifting back to the way we did it before blogs were a twinkle - they just happen to be using Facebook and Spotify instead of mix CDs. It's certainly nothing I'm worried about or spending too much time on, just something I've noted.

    Also Tsuru, I guess I didn't phrase it very well, I wasn't really thinking in terms of authority...more 'squareness', I guess. Datedness. As in, blogs are no longer the shiniest, fastest way to get access, just as the old music mags aren't anymore.
  • gotcha & agreed Sean, and yeah Frog, it's not a worry, just talking about what's going on out there.

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