Napster and the decline of copyright–part 2

“Am I remiss in wanting to protect the possibility of recouping my losses from all those years ago?  In the wake of Aimee [Mann]’s deserved recognition, why shouldn’t I be able to at the least make back my money selling a `protected’ product?” Breslau asked. “And then, besides, Aimee, Doug Vargas and Michael Evans (the other former Snakes) could start seeing a couple dollars too?”

Napster hurts big record labels a little. But it hurts little record labels like Ambiguous Records, whose big star’s records are still sitting in Breslau’s basement after 19 years, even more. But what about the musicians themselves?

I asked Breslau about the typical musician’s plight. I’d heard Courtney Love’s assertions that she made less money than I make, but at that point Breslau seemed much more real, possibly more candid and, frankly, more interesting.

“Many musicians are poor and struggle their whole lives to stay above water. Those who have regular gigs either in orchestras, as jingle players, teaching, or as sidemen aren’t making what your insurance broker is,” Breslau said. “A great many folks who are involved with music drift in and out of making a living and eventually their day gig becomes the gig. The few, the proud, the multimillionaires represent a tiny, tiny few.  Probably the same percentage that pro hoop players represent as figured against all those who played junior high ball.”

Breslau mentioned a musician he’s working with. He’s 60 years old and has been playing 150 shows a year for the past 10 years, has a worldwide following and critical acclaim. Yet he’s having difficulty finding an apartment and health insurance he can afford, and the rigors of touring are starting to catch up with him.

I asked Breslau what he thought legitimate uses of Napster might be, if there were any. His response surprised me.

He cited Napster as potentially a distribution method, and certainly a marketing and promotional tool. “For some an unspooling, open ended library like Napster can be an incredible tool, a repository of discovery and a font of fun,” Breslau said. “Those who use it the most are students and those who have work-at-home gigs.”

Napster may replace some of the more traditional methods of introduction to new music, but not for him, at least not completely.

“For someone like me who has a demanding job, family and still wants to take advantage of sunshine, the editorial screen and organization that a music store (chain or boutique) or radio provides is still very useful. It guides me to what I’m interested in and when I’m frustrated in that search and still thirst after who knows what, I now have a new tool to seek my heart’s desire through–that’s to the good.

“I do miss great radio though–WFMU here in New York is a last outpost of dedicated eclecticism,” Breslau said. “When I was growing up in suburban Maryland, WGTB, Georgetown U’s station and the old WHFS – a truly great free-form commercial station in the day–were keys to whole other worlds for me.  The role of the `trusted guide’ is perhaps diminishing and I think that’s not a good thing. Plus the art of the segue is now almost completely relegated to clubs. Great segues can illuminate whole new contexts and resonances betwixt and between different songs and musics that you have to hear to get hip to.”

I asked Breslau if he thought Napster, as some claim, was responsible for the decline in record sales cited by large labels. He didn’t seem to buy it.

“I’d say the lion’s share of the change in market share comes from the explosion of entertainment options,” Breslau said. “It’s inevitable in a world of computers, gaming, cable television and myriad other entertainment outlets that the recorded music industry should see its share of the entertainment pie diminish. Competition has totally diffused viewing habits in visual mediums–there’s no reason music should be any different.”

Breslau’s words brought to mind a quote from an interview with U2’s Bono and The Edge I read in 1994 in Details magazine. At that point, MP3 was very much in its infancy, gigabyte hard drives cost $400 and recordable CD drives cost $1,000, a 28.8 kpbs dialup connection was state of the art, and the Internet wasn’t yet a commercial success. It seemed a different world from today, but like today, record sales were down. And The Edge, U2’s lead guitarist, observed, “More people are buying video games today than records.”

And Breslau disagreed with the common idea that today’s music isn’t as good as the music of earlier, more commercially successful days.

“The broader industry is guilty of saturation marketing for fewer and fewer products while releasing all kinds of stuff they never have any intention of supporting. There is lots of good music out there,” Breslau said. “I think its arguable that today’s scene is actually broader and more vital than 5 years ago, but the predominance of mega-hit mentality with little attention spent on building artist’s careers tends to push the obvious and two-dimensional stuff out there to the fore. The idea of a company supporting an artist who comes to maturity in craft and commerce by their third recording is almost quaint at this point.”

Some examples of bands who needed three or four albums to reach maturity: U2, Rush, and Bruce Springsteen–none of whom any record executive would mind having on a label. Impatience is hurting the industry in the long term at least as much as Napster.

And Breslau said it’s too early to judge Napster’s true impact.

“Young people, particularly those in college, are now pouring some of their musical curiosity/energy into downloading and not to listening to radio or scouring live venues or music stores for new gems,” Breslau said. We’re seeing some of this impact today.

“What will be interesting to see is the long term implications of these new habits,” Breslau continued. “College age is when life long musical appreciation and consumption habits get formed.”

I liked the way Breslau concluded one of our conversations. As one who has been hurt by Napster–how many people download Bark Along With the Young Snakes instead of buying it from him?–he still sees a potential for it to be a good thing overall, so long as the law is respected.

“Napster can be many positive things: a way to give your art to the world, a way to build an audience for your art, a test of commercial viability, a great marketing tool–but all of those are affirmative voluntary acts,” Breslau said. “What troubles me is when the technology becomes compulsory, when an individual’s choice and right is overwhelmed by another individual’s desire without regard to the other’s circumstance, goals or intention. If technology is to be liberating and empowering, its radical implications must be grounded in respect for an individual’s right to privacy and liberty, and, yes, that includes the exercise of property rights.”

Part 1 in a series. Part 1 Part 2 Part 3

02/21/2001

An interesting search query. I had a search query yesterday for “presidential candidate’s right to privacy.” That’s an interesting query, and an interesting theory, and it’s a very easy question to answer.

None. Zilch. Zip. Nada. Nothing. Nil.

Why?

Public figures have essentially no right to privacy, and you can’t get much more public than a presidential candidate. Actually, the right to privacy isn’t guaranteed anywhere. But it’s difficult to invade someone’s privacy without infringing on some right that is guaranteed. You can’t come snoop around in my apartment, for example, because you’d be violating my landlord’s property rights, and if my landlord let you in, it would violate my lease. But how much money I made in 1997 is a matter of public record, because I was employed by the state of Missouri.

So… If it’s a matter of public record (e.g. George W. Bush’s DWI), you have the right to know it. If Amazon.com is willing to sell you their customer history on George W. Bush or Al Gore, then you have a right to see it, and the only things stopping you from publishing it are the conditions of the deal. (But that would be terrible business practice.)

You and I don’t have a whole lot of right to privacy either, but most people aren’t interested in what you and I do, unless they’re building a database. If privacy’s important to you, keep a low profile. Turn off your Web browser’s cookies. Don’t post to public message boards. Don’t answer surveys. Get an unlisted phone number and opt out of telemarketing if your state has such provisions. When you do subscribe to magazines, use a subtle variation on your name (use nicknames, different middle initials, etc.), and use a different one for each magazine, so you know when you get junk mail where they got your name. And never ever ever give out your social security number except when required by law. And don’t use your social security number as your driver’s license number–tell ’em it’s against your religion. (Even if it’s not.) State laws have to accomodate that, because it truly is against some religions.

AMD’s P4 killer. AMD released a 1.3 GHz Athlon this week. Expect pricing to be in the sub-$400 range–much lower than a P4, and it’ll blow the doors off even the 1.5 GHz P4.

AMD’s in a bit of a spot here. They have the better product, but megahertz sells, and in the P4, Intel has a poor performer that scales well. AMD can’t win a megahertz war with Intel right now. But for the moment, AMD can sell every chip they can make, so waging war makes no sense, except from a bragging rights standpoint. If AMD reaches a point where they aren’t selling everything they can make, look for them to attack at the low end of the market, rather than at the high end, at least for the time being. AMD has the benefit of a marketplace that’s no longer starved for raw megahertz–frankly, most of the public wonders what they’d do with 1,500 megahertz if they had it. I know a lot of people who are perfectly content with sub-400 MHz PCs.

Stupid NT Recovery Disk Tricks. Yesterday a coworker ran Diskeeper Lite on a poor-performing NT box, and while it cleaned up the disk, it rendered the system unbootable. He asked what to do.

You want to have an Emergency Recovery Disk available for an NT system at any given time. Make one by running RDISK.EXE. But no one ever bothers to do that, right? Of course not. We were fortunate, being a corporation that buys standard-configuration PCs in batches. I had him make a recovery disk on an identical system. He was able to repair the system by booting off the NT CD and choosing the recovery option. Pop in the disk, and after a few minutes, the system was back to normal except for the video driver. (Older Nvidia-based Diamond cards tend to be a bit peculiar under NT.) He reinstalled the video driver, and was fine.

Another ERD trick: Three and a half years ago, the unthinkable happened. I caught a coworker deliberately sabotoging a system. Management didn’t understand computers so well, so it was my word against his, and neither of us had been working there very long. I had a few months’ seniority. Just a few. Fortunately for me, I thought to drag a witness over to see what I’d found. He backed me up. Also fortunately for me, this other guy wasn’t a good liar because his story kept changing. Finally he realized he couldn’t keep the details straight, I guess, because he just flat quit answering questions. But his boss said he wouldn’t fire him.

That led the rest of us to go out to a long lunch to ponder what we’d do in the situation where we obviously couldn’t trust a colleague. An hour and a half later, we came back to find out his boss had gone back on her word and fired him while we were gone. That led us to a new plan: secure the network immediately. He’d bragged to me before about how he could circumvent security measures, and that was how he got most of his previous jobs.

We found a couple of NT servers none of us had been aware of, and of course they didn’t have our standard admin password, they weren’t in our domain, and none of us had accounts on them. But hacking NT is extremely easy if you have physical access to the machine. We created an ERD on another NT box, booted off the NT server CD, and told it to restore the user accounts section of the registry off the ERD. It doesn’t care that the ERD is from another system. Boom-shakalaka, the old accounts are wiped out, replaced with ours. We had total administrative control of the system. (This reason is why I always advocate disabling booting off the floppy on systems in public computer labs–it’s far too easy to seize control of the system.) One of the systems turned out to be a simple print server. The other system didn’t have anything suspicious about it other than FTP services, but we didn’t put either system back on the wire as-is. We reformatted and found other uses for both of them.

Hopefully you’ll never have to make use of any of this knowledge, but if you do, the moral of the story is this: Keep your recovery disk! (And keep servers physically secure, under lock and key.)

And a little history. I noticed something yesterday that I haven’t seen mentioned anywhere lately. This election was the 200th anniversary of another controversial election. It was 1800, and Vice President Thomas Jefferson was running against incumbent President John Adams. Jefferson’s running mate was Aaron Burr. Adams’ running mate, I assume, was Charles Pinckney (he was Adams’ running mate in 1796). But election laws were different in those days. The winner of the electoral vote became president. Second place became vice president. That was how we got a split administration in 1796, the only time this ever happened.

In 1800, the electors decided to not repeat that mistake, and as a result, Thomas Jefferson and Aaron Burr both received exactly the same number of electoral votes. Now it was clear to everyone that the intent was for Jefferson to be president, but the numbers didn’t say that, and of course the ambitious Aaron Burr wasn’t going to give up a chance to take the presidency. The election went to a Federalist-controlled House of Representatives, who was divided. Burr had more Federalist leanings than Jefferson, so some in the House hoped to influence Burr. However, Hamilton, the de facto leader of the Federalist party, lobbied hard for Jefferson. Hamilton and Jefferson were bitter rivals, but Hamilton and Aaron Burr had a longer history of bitter rivalry that bordered on mutual hatred.

Obviously Burr’s ambitions displeased Jefferson, who dumped him in the next presidential election. So Aaron Burr ran for governor of New York in 1804. Hamilton campaigned strongly against Burr, allowing Morgan Lewis to take the governor’s seat by a wide margin. That was the last straw. Burr challenged Hamilton to a duel, which Burr won, ending Hamilton’s life and Burr’s political career.

And you thought this last election was messy…

And mail. I’ll get to it sometime this week. I don’t know when. Why? Mail with a computer question or two is usually pretty easy. Five minutes, maybe ten. Long mail that requires some sort of rebuttal takes a long time. This piece took as long to write as two of the mail responses would, and it covers four totally unrelated subjects instead of just one. Since I don’t like getting stuck in a rut and I don’t like dedicating more than an hour a day to this site, the mail will wait. Or maybe I’ll just post it all without comment.

I don’t want to dwell on it, but 50-60% of my traffic comes from search engine hits, and the way you create repeat readers from search engine hits is to cast a wide net. Dwelling on political non-issues doesn’t make long-term sense for driving traffic.

10/30/2000

Leading off, some baseball news. Baseball and network execs are puzzled over why this was the lowest-rated World Series ever. (Story here.) Could it be that no one’s interested in watching $200 million worth of spoiled brats from New York throw temper tantrums? Nah, couldn’t be.

Baseball needs a Cinderella story. Bad.

Athlons are dirt cheap. Don’t buy one. Dan Seto noticed and mentioned that AMD Athlons are now cheap as dirt, at least compared to their once-stratospheric levels. He cited a 1 GHz Athlon for $320. So I hopped on the Web, and sure enough, you can easily find one in the $300 range. Some of the bottom-feeder vendors are selling them for as little as $260.

The rest of the lineup? 700/$99, 750/$108, 800/$129, 850/$146, 900/$166, 950/$224.

Remember, though, before you rush out to buy a supercheap gigahertz CPU, that CPU speed is but one factor in performance. Match it up with a video card that treats you right, and with a sound card that isn’t going to suck up all your CPU cycles (the SB Live! MP3+ is an outstanding inexpensive choice), and most importantly, with a hard drive that doesn’t hold you back. If you’re building a performance system, particularly one that’ll be running Linux, NT, or W2K, give serious thought to a SCSI disk. You’ll be happier with a SCSI-equipped 700 MHz system than with an IDE-equipped GHz system.

If money were no object, here’s what I’d get today and why (then I’ll tell you why I still wouldn’t buy it, even if money were no object):

  • Asus A7V mobo — most stable Athlon board available, and every time I buy something other than an Asus I regret it later
  • AMD Thunderbird 1.2 GHz — strictly for braggin’ rights
  • 256 MB Crucial PC133 RAM — Micron memory, the best in the business
  • Adaptec 29160 Ultra160 SCSI PCI host adapter — hey, it’s Adaptec
  • Seagate Cheetah X15 18GB 15K RPM hard drive — Who cares about drive size? This bad boy has a 3.9 ms seek time, a 4-meg buffer and 15,000 rpm spindle speed. It’ll heat my apartment, it’ll wake up my neighbors, but I won’t wait on it (much).
  • Plextor UltraPlex Wide 40X CD-ROM — I love my Plextor drives
  • Plextor 12X CD-R with Burnproof — no coasters with this drive
  • Sound Blaster Live! Platinum — same as the MP3+ but with a nice front-mounted breakout box for my audio gear
  • 3Com 3CR990 NIC — this is the coolest NIC on the market, far and away. It has an onboard processor that handles much of the TCP/IP encapsulation itself, freeing CPU cycles. Same principle as 3D acceleration on your video card and DirectSound acceleration on your sound card. A hundred bucks, but probably worth every cent. Nobody seems to know about it, so I’m telling you.

I wouldn’t worry so much about the video card. My two-year-old STB Velocity 128 frankly is enough card for most of what I do. I suppose I’d get an nVidia GeForce256-based model of some sort. Since the nVidia Riva128 chipset has long since been sent to the gulag, the value chipset is the TNT2. Hot tip if you’re building a value PC: I’m seeing Creative Labs OEM TNT2-based cards for $60, and that’s more than enough card for all but the most die-hard gamer.

Amazingly, you could have this system for well under $3,000. I figured buying the best of everything would run into the $4500 range easily.

I suspect AMD slashed prices precisely because this is a good time to wait and they don’t want you to. Those in the know know that the AMD 760 chipset, which supports DDR SDRAM (basically 266 MHz SDRAM) comes out this week, so anything available today is old hat. This isn’t the multiprocessor AMD 760MP though — we’re looking at January for that. Sorry.

So why not buy now and replace the motherboard later? The 760 introduces a newer, faster front-side bus. If you want to exploit its full potential, you need a new CPU. No one is going to want these old ones now.

I spent a good part of the weekend working on an article. Essentially, I’m distilling chapter 2 of Optimizing Windows into a 3,000-word piece. That’s hard. The tips fit into that, but with very little explanation and very little flair. So much for the difference between it and every other “21 Ways to Speed Up Windows” article, except mine may be more complete for lack of explanation and flair.

Some argue they don’t want flair. They’re lying. Without flair, it reads like an economics textbook. Without explanation, you haven’t done anyone much good.

The line I really don’t want to lose: “I hate screen savers. I hate them so much, when I was once invited to make an appearance on a US television program called The Screen Savers, I turned them down.” Then I go into explaining why screen savers are the cause of everything wrong with the world today.

I was at 3,600 words Saturday, down to about 3,200 by Sunday afternoon. I can cut the two least important tips, leaving 20, and be at 2946, which might leave room for some screenshots. I’m half tempted to ask him if I can do the page layout for this thing as well… That’s not likely, but worth asking.

10/28/2000

~Mail Follows Today’s Post~

Microsoft hacked! In case you haven’t heard, some hackers in St. Petersburg, Russia, had access to Windows source code for three months and the intrusion was only discovered this week. This could end up being a very good thing for you and me, believe it or not. (And this is even assuming the hackers didn’t fix any of the bugs they found.) As security consultant Andrew Antipass told Wired magazine, “It is interesting in a kind of cruel way that Microsoft has been eaten by the monsters it created.”

Microsoft has always been oblivious to security in their products. The only way they were going to learn was to be bitten, and hard. Now something has happened that calls their network infrastructure into question, the security of their products (which they’ve tried to present as more secure than Unix) into question, and even the integrity of the code they’ve produced in the last three months into question–Microsoft can say what they want about it being impossible to change the code. Of course they’re going to say that. Will the public believe it? Some will believe anything Microsoft says. Others wisely will believe exactly the opposite of anything Microsoft says. Still others (like me) will believe the worst no matter what Microsoft says.

If this incident doesn’t force Microsoft to start taking security seriously, nothing will.

The downside, however, is that if the hackers did indeed get Windows and/or Office source code, vulnerabilities become potentially easier to spot (not that access to Linux source code has significantly increased the number of vulnerabilities–remember, most hackers are script kiddies at best, writing in batch languages, and aren’t any more proficient in C++ than you or me).

All of this overshadowed Microsoft’s Internic entry being hacked (Apple’s entry got hacked too, though less creatively), which you can read about in The Register.

Enough of this computer junk. Let’s talk about music.

Review of U2’s All That You Can’t Leave Behind. If U2 were to call it quits right now and we had to pick out U2’s defining album, this would be it. That’s not to say it’s their best album–it’s awfully difficult to match the raw energy and wonder of Boy, the raw power of Achtung Baby, and if this one sells like The Joshua Tree, it’ll only be because there are so many fewer bands making good music in 2000 than there were in 1987.

That said, U2 seems to have finally answered the quintessential question of how to sound like U2 without sounding like selling out. For the past 13 years, every time U2 released an album, people expressed disappointment that it didn’t sound like Joshua Tree. But others would point to the inevitable single track on each album that did sound like Joshua Tree, then wave it in the band’s face: Can’t you do anything original?

You can divide U2’s music into roughly three phases: 1979-1983 (Boy through War), 1984-1989 (Unforgettable Fire through Rattle and Hum), and 1991-1997 (Achtung Baby through Pop). Although the band has reinvented itself with every album — sometimes for the better and sometimes not — they tend to hold on to their sound for a couple of albums at a time before they make major changes.

But the album title might as well be referring to those sonic changes: This album manages to incorporate all of those previous sounds while not sounding too much like any of the previous albums. You could take the defining song off any previous U2 album, drop it randomly into this album’s mix, and it would manage to fit.

The Edge’s jangly guitar? It’s there. Larry Mullen’s precise, militaristic drumming? It’s there. Adam Clayton’s low, thumping bass? It’s there. And of course, there’s also Bono’s wailing vocals. The experimentation? That’s there too, and that’s the bit that always scares people.

Make no bones about it: U2 is a rock band, and this is a rock record. But listen closely, and the experimental elements are still there. The synths are there. The sequencers are there. So is the drum machine. In fact, they lead off the album. But whereas in the past they have sometimes been the focus, now they complement the band’s sound rather than defining it.

They pull out a unexpected tricks as well. Listening to “When I Look At the World” for the first time, I half expected to hear Frankie Vallie filling in on lead vocals. Bono’s soaring falsetto doesn’t reach as high anymore as Vallie did in his prime, but the crafty veteran vocalist makes what he has left work. Meanwhile, in the tracks “New York” and “Grace,” Bono manages to out-Lou Reed the real article, though as a closer “Grace” is just not up there with U2’s great closing tracks of the past (War’s “40,” Achtung Baby’s “Love is Blindness,” Pop’s “Wake Up Dead Man,” or Joshua Tree’s “Mothers of the Disappeared”).

The biggest surprise is track 8. In that track, titled “In A Little While,” U2 finally succeeds in sounding soulful. So much of Rattle and Hum was contrived, a bunch of Irish guys in their late 20s trying to sound like B.B. King or Bob Dylan, and they clearly hadn’t lived long enough yet to pull it off. Now in their early 40s, they nail it.

The opening track and first single, “Beautiful Day,” is a good introduction to the album. That song’s sonic elements are for the most part present throughout. Like most U2 songs, to the casual listener it sounds good immediately. As one who picks apart lyrics, I initially didn’t like the song because it seemed too superficial. So what if it’s a beautiful day? Even a no-talent Kurt Cobain wannabe like Gavin Rossdale can say that! Only upon closer listening does the real meaning surface: the story of someone who has lost everything, yet never felt better. That sounds a lot like me. It probably sounds like you too, or someone you know.

So, how’s it stack up? Most people rank War and The Joshua Tree as U2’s finest albums. I buck convention and place Achtung Baby (their amazing 1991 comeback) and Boy (their 1980 international debut) ahead of those two. At the bottom, I’d rank October, Rattle and Hum, Zooropa, The Unforgettable Fire, and Pop. All That You Can’t Leave Behind definitely blows away the lesser five albums.

However, the album falls a bit flat after the first four delightful tracks. It picks it back up again for a track or two here and there, but the immediate greatness that grabbed you when you first heard The Joshua Tree or Achtung Baby just isn’t there throughout. And the superstrong emotions that drove and held together those great albums aren’t here.

This is probably the album of the year, and many bands go their entire careers without recording anything as good as U2’s worst. This effort borders on greatness, but just doesn’t quite manage to cross over.

Strong points: The first four tracks.
Weak points: “Peace on Earth;” “Wild Honey;” “In a Little While,” though good, doesn’t seem to fit (seems to be there only to settle a bet from 1989); “Grace” is a good track but ill-suited to end a U2 album.

And a survey. I’m considering a one-day-per-page format, like Frank McPherson and Chris Ward-Johnson use. When marking up by hand, a weekly format is much easier. When using Manilla, it really makes no difference.

If you don’t want to join the site in order to vote, feel free to just e-mail me. Members can vote here. (I do wish there was an option to open discussions and voting to non-members. I can see why some people would want to require membership, but that should be optional. So it goes.)

~~~~~~~~~~

From: “Dan Bowman” < DanBowman@att.net >
To: <dfarq@swbell.net>
Sent: Saturday, October 28, 2000 11:03 AM
Subject: Music reviews

Now I’m really glad I spent my discretionary funds yesterday! After reading your review (the class is watching a movie while I make copies),
I’m real tempted to pick up the album.
Then again, I have a Costco run set for after class…

Have a great weekend,

dan

~~~~~~~~~~

Don’t look too hard; it’s not available until Tuesday. I got a chance to hear it a few times and I got sick of seeing reviews from people who just listened to the 15-second clips available on the music store sites and said, “This is the best U2 album ever!” based on that, so I wrote it up. Good practice anyway. I think it’s been 3 1/2 years since I’ve written a music review of any significant length.

I wanted to strike a balance between “this may be the year’s best album” and “this is the best album ever!” because it’s not (it’s not even U2’s best).  Hopefully I did that. But I remember when I wrote up a review of Pearl Jam’s No Code in 1996, people said I was too harsh and shouldn’t have compared it to the past (though looking at that album’s longevity or lack thereof, I’m inclined to think I was right).

Reviews are tricky business but I want to stay in practice, so I may start doing a review a week just to get and stay sharp.