1
William Wallace Statue

This is the chart no industry wants to see:

Global music industry turnover This Is What Customer Liberation Looks Like

From "Publishing in the Digital Era" from Bain & Company

The Motion Picture Association of America (MPAA) and Recording Industry Artists of America (RIAA) would have you believe this is the effect of piracy. But let’s dispel that right out of the gate: Digital music piracy has steadily declined for the past five years and is nearly half of where it was in 2005.

Is it just a coincidence that music theft began to decline at exactly the same time revenues fell off a cliff? I don’t think so.

In the Beginning…

Tim Berners Lee in thought 200x300 This Is What Customer Liberation Looks LikeIn the beginning, Publishers created the record and the CD. Now the Internet was formless and lifeless, darkness was over the surface of computer monitors and the Spirit of Tim Berners-Lee was hovering over the wires.

During this dark age before the Internet, music consumers had two choices; the single or album. Once cassettes and CDs took over, however, even that choice disappeared. Consumers frequently had to buy twelve songs they didn’t want in order to get the one they did. There wasn’t any other choice, so we sucked it up and (more often than not) bought the CD.

And Tim said, “Let there be a world wide web,” and there was a world wide web. Tim saw that it was good and he separated the interface from the data. Tim called the interface a “browser” and the data he called “hypertext.” And there was Netscape and there was Lycos – the Internet.

But it wasn’t only the Internet that led to digitization. Inexpensive computers with CD drives that could burn songs into a compact format were also required. Once consumers acquired a taste of freedom to separate the songs from the album, piracy was born. Napster came on the scene and sparked an explosion in digital theft. Although Napster was shut down relatively quickly, new services and technologies popped up in the never ending game of “Whack a Mole” between publishers and pirates.

Yet, around 2005 piracy started to decline and music sales began to fall off of a cliff. Hmm… Wha happa?

Let There Be Downloads

I remember clearly sitting in front of my computer in 2003, calling a friend over to show him the announcement of a new online store that would sell individual songs and let you download them straight to your iPod. “This is great! I’ll never by another album again!” I exclaimed. My friend looked at me and deadpanned, “The record companies will never let that happen.” Well, you know what happened. In fact, take a look at what happened right around 2005 (click on the image for full size):

ITunes Store Songs Sales 300x161 This Is What Customer Liberation Looks Like

Downloads exploded but revenues fell off a cliff. Consumers were liberated from having to buy stuff they didn’t want. Meanwhile, the MPAA and RIAA spent enormous time and effort battling the white elephant of digital piracy and started sending their customers to jail. They were caught in a business death spiral.

Newspapers and magazines are battling a similar mirage. They think that the enemy is bloggers who are stealing their content and giving it away for free. In reality, consumers want their content in tiny, hyper-relevant bites. But so far, publishers haven’t figured that out and continue to try to force-feed us the all-or-nothing options on a shiny new object.

Freedom!

William Wallace Statue 189x300 This Is What Customer Liberation Looks LikeThe chart at the beginning of this post is an illustration of what happens to an industry that has enslaved its customers when they are finally liberated. In his blog today, Seth Godin addressed the issue of “pricing power.” He suggested that there are two reasons why you aren’t getting paid what you think you’re worth:

  1. People don’t know what you’re worth, or
  2. You’re not (currently) worth as much as you believe

Most businesses refuse to believe #2 could be true. If it’s not, you have a marketing problem.

If it is, you have bigger problem.

Continue Reading

High Five for Week Ending 7-Mar

Published on March 7, 2010 by in High Five

0
High Five for Week Ending 7-Mar
HighFive 300x275 High Five for Week Ending 7 Mar

Weekly High Five lists the most interesting, compelling, and/or useful links of each week.

This week’s High Five is about protecting and promoting content.

#5: DMCA Muscle Kills DVD Copying, for Real

I’ve been covering several different lawsuits in which the RIAA (Recording Industry Association of America) is prosecuting a scorched earth assault against its own customers guilty of piracy.  While those arguments are about the punishment fitting the crime, this story is much more disturbing because it deals a serious body blow to the “fair use” aspect of copyright protection.  This is the principal that makes it legal to make a copy of a CD (music, program, or otherwise) for your own personal backup purposes.  However, in this case a judge has ruled that the crime exists in the breaking or bypassing of any encryption.

Link: Wired

#4: Bogus Copyright Claim Silences Yet Another Larry Lessig YouTube Presentation

This story is a preview of things to come.  In previous “High Five” posts, I’ve linked to articles about legislation that could threaten net neutrality by compelling Internet Service Providers to police their user base for copyright violations.  If forced to do so, it will lead to several undesirable side effects.  First, and most obvious, it will increase prices as these service providers will have to invest in additional resources to police their own customers (not to mention insurance policies for increased risk).  Second, it will lead to far more restrictive policies as their terms of use will no doubt give them final say in what is or is not acceptable – legal standards will not be applicable because they will be more concerned with avoiding litigation than their own users’ rights.  Finally, this story is obviously an example of an automated software application that is simply looking for digital footprints and stomping them out with extreme prejudice and no room for fair use.

Link: TechDirt

#3: Apple Stacks The Deck Against Amazon’s Kindle App

It’s no great secret that the true source of success for many devices is the “killer app.”  The most famous example is VisiCalc for the Apple II.  The real secret to Apple’s domination of the personal MP3 player market was the iTunes store.  This article discusses the potential impact of the iPad’s e-reader application being directly linked to the iStore, and how a couple of mouse clips could be a serious impediment to Amazon’s Kindle Reader application.

Link: Business Insider

#2: How The Newspaper Business Killed Itself

John Dvorak is no shrinking violet, and has been making bold assertions and predictions for many years.  In this article, he makes the case that the New York Times’ decision to begin charging for online access is another example of the industry shooting itself in the foot.  Like most brash pundits’ predictions, the vast majority of his predictions prove not to be true and I actually disagree with his opinion on this latest move by the times.  So why am I including it?  Because in describing the newspaper business’ past sins, he uses the simplest and single best metaphor I’ve read on the subject.  After describing how publishers reacted to declining revenues as a result of underestimating the effects of online classifieds by laying off beat writers, he concludes that “It was like attempting to fix a flat by letting the air out of the rest of the tires.”  Perfect.

Link: PC Magazine

#1: What The Heck Is Inbound Marketing (and how you can maximize it) With Brian Halligan

Inbound Marketing” is the single most important concept that will determine the degree to which businesses, associations and individuals will be able to spread their ideas and gain visibility.  In this interview, David Garland speaks with Hubspot CEO Brian Halligan, who literally wrote the book on Inbound Marketing.  If you take the time to watch this video (and I hope you do), I encourage you to think about the concept of inbound marketing for your own personal online identity as well as that of your organization’s.

Link: The Rise to the Top

Feel free to provide your thoughts and/or contributions…

Continue Reading

High Five for Week Ending 31-Jan

Published on January 31, 2010 by in High Five

1
High Five for Week Ending 31-Jan
HighFive 300x275 High Five for Week Ending 31 Jan

Weekly High Five lists the most interesting, compelling, and/or useful links of each week.

Amazingly, this week’s High Five largely ignores the iPad announcement.  This is a reflection of how important I believe it to be, since I’ll be blogging about that in the upcoming week.  Instead, this week’s links are focused on digital rights and net neutrality.

#5: Settlement Rejected in ‘Shocking’ RIAA File Sharing Verdict

I’ve been following this case for quite some time, and the defense team seems to feel like they have the courts on their side.  Having the judgement reduced from $1.92 million to $54,000 is still not enough for them, as evidenced by their decision to reject a settlement offer of $25,000 from the RIAA.  That the settlement was even offered seems to indicate that the RIAA is also concerned that the courts are on the side of the defendant.

Link: Wired

#4: iPad is iBad for freedom

The Free Software Foundation (FSF) has organized an online petition named “Defective by Design,” asserting that Apple’s implementation of Digital Restriction Management (DRM) goes too far and will restrict the distribution of free software by disallowing applications to run on the iPad unless they are downloaded from the Application Store.

Link: Free Software Foundation

#3: Mozilla leader worries about Internet limits

Mitchell Baker, leader of the Mozilla Project, expressed concern over “the increase in laws that make it difficult to run an open network,” and especially over rules concerned with policing content.  She spoke at the opening of athree-day conference on digital innovation and creative ideas in Munich, Germany.

Link: Yahoo! Finance

#2: Netflix to FCC: scary loophole in net neutrality rules

While they generally support the proposed nondiscriminatory rules put forth by the FCC, Netflix‘s general counsel is expressing concern over a potential loophole. “In short, if left unchecked, the ‘managed services’ category could engulf the Commission’s open Internet policies altogether” and let ISPs end run any regulations.  This is no small matter given blurring between content providers and Internet service providers as exemplified with the sale of NBC Universal to Comcast.

Link: ReadWriteWeb

#1: Australia bans graphic games … sort of

The final story in this theme is a cautionary tale of unintended consequences.  Australia has passed a series of laws attempting to restrict adult content from children.  This story shows that the laws have, in fact, increased the amount of adult content reaching children age 15 and under in games like Call of Duty 2: Modern Warfare.

Link: Global Post

Feel free to provide your thoughts and/or contributions…

Continue Reading

High Five for Week Ending 24-Jan

Published on January 24, 2010 by in High Five

1
High Five for Week Ending 24-Jan
HighFive 300x275 High Five for Week Ending 24 Jan

Weekly High Five lists the most interesting, compelling, and/or useful links of each week.

The theme for this week’s High Five is, “Content Wars.”  Wrangling continues over copyright protection, and content creators continue to struggle with delivery channels and monetization.

#5: Apple Courts Publishers, While Kindle Adds Apps

The e-reader market is heating up nicely.  Apple’s expected announcement of a new tablet computer is igniting a battle “for the hearts and minds of book publishers, authors, and readers.”

Link: New York Times

#4: $675,000 RIAA File Sharing Verdict Is ‘Unreasonable’

A defendant has asked the U.S. Disctrict Court in Massachusetts to either retry the case or reduce the fine of $22,500 per song.  This comes on the heels of a $1.92 million judgement last year against a woman who downloaded 24 songs.  These shocking verdicts are raising the volume of calls for Congress to change the laws, but a Justice Department dominated by RIAA lawyers and lobbyists it seems that the entertainment industry’s stormtroopers will continue to patrol the Internet for the foreseeable future.

Link: Wired

#3: Open Letter From OK Go, regarding non-embeddable YouTube videos

OK Go is a rock band that just wants to make music and share it with their fans.  In a thoughtful post on their web site, they explain the intricacies of publishing music videos in the current Internet climate.  Shockingly, they declare that “crazy as it may seem, it’s now far harder for bands to make videos accessible online than it was four years ago.”  Like the aging Hippie reluctantly pulling the lever for a Republican, YouTube is finding itself answering to new constituents in its quest for monetization.  The soundtrack to this drama would surely include Roger Daltry’s voice; “I hope I die before I get old.”

Link: OK Go’s User Forum

#2: YouTube Will Start Charging for Some Videos

On the heels of the OK Go story, we learn that YouTube will begin experimenting with paid content.  They plan to charge users around $5 to view independent films from the 2009 and 2010 Sundance Film Festivals.

Link: ReadWriteWeb

#1: New York Times Ready to Charge Online Readers

In the latest chess game between newspapers, readers, and search engines, the New York Times announced this week that it is planning to charge readers.  Their approach will differ from the Wall Street Journal, which charges based on premium content.  Instead, the Times plans to charge by volume, which will ostensibly allow the casual visitor to find an article on Google, for example, and have full access to read the article.  It’s a novel idea and not without some technical hurdles to be overcome.  It seems to me that it strikes a fair balance between the free exchange of ideas and making a living.  I will be rooting for it to succeed.

Link: New York Magazine

Feel free to provide your thoughts and/or contributions…

Continue Reading