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Demonbaby: Wednesday, October 24, 2007subscribe to demonbaby

When Pigs Fly: The Death of Oink, the Birth of Dissent, and a Brief History of Record Industry Suicide.



[Currently Listening To: Music I Didn't Pay For]

For quite a long time I've been intending to post some sort of commentary on the music industry - piracy, distribution, morality, those types of things. I've thought about it many times, but never gone through with it, because the issue is such a broad, messy one - such a difficult thing to address fairly and compactly. I knew it would result in a rambly, unfocused commentary, and my exact opinion has teetered back and forth quite a bit over the years anyway. But on Monday, when I woke up to the news that Oink, the world famous torrent site and mecca for music-lovers everywhere, had been shut down by international police and various anti-piracy groups, I knew it was finally time to try and organize my thoughts on this huge, sticky, important issue.

For the past eight years, I've worked on and off with major record labels as a designer ("Major" is an important distinction here, because major labels are an entirely different beast than many indie labels - they're the ones with the power, and they are the ones driving the industry-wide push against piracy). It was 1999 when I got my first taste of the inner-workings of a major record label - I was a young college student, and the inside of a New York label office seemed so vast and exciting. Dozens of worker bees hummed away at their desks on phones and computers. Music posters and stacks of CDs littered every surface. Everyone seemed to have an assistant, and the assistants had assistants, and you couldn't help but wonder "what the hell do all these people do?" I tagged along on $1500 artist dinners paid for by the labels. Massive bar tabs were regularly signed away by record label employees with company cards. You got used to people billing as many expenses back to the record company as they could. I met the type of jive, middle-aged, blazer-wearing, coke-snorting, cartoon character label bigwigs who you'd think were too cliche to exist outside the confines of Spinal Tap. It was all strange and exciting, but one thing that always resonated with me was the sheer volume of money that seemed to be spent without any great deal of concern. Whether it was excessive production budgets or "business lunches" that had nothing to do with business, one of my first reactions to it all was, "so this is why CDs cost $18..." An industry of excess. But that's kind of what you expected from the music business, right? It's where rock stars are made. It's where you get stretch limos with hot tubs in the back, where you get private jets and cocaine parties. Growing up in the '80's, with pop royalty and hair metal bands, you were kind of led to think, of course record labels blow money left and right - there's just so much of it to go around! Well, you know what they say: The bigger they are...

In those days, "piracy" was barely even a word in the music world. My friends and I traded MP3s in college over the local network, but they were scattered and low-quality. It felt like a novelty - like a digital version of duping a cassette tape - hardly a replacement for CDs. CDs sounded good and you could bring them with you in your DiscMan, and the only digital music you could get was as good as your friends' CD collections, anyway. It never occurred to any of us that digital files were the future. But as it turned out, lots of kids, in lots of colleges around the world, had the same idea of sharing MP3 files over their local networks, and eventually, someone paid attention to that idea and made Napster. Suddenly, it was like all those college networks were tied together, and you could find all this cool stuff online. It was easier and more efficient than record stores, it was powered by music fans, and, well, it was free. Suddenly you didn't have to pay 15 to 18 bucks for an album and hope it was good, you could download some tracks off the internet and check it out first. But you still always bought the CD if you liked it - I mean, who wants all their music to be on the computer? I sure didn't. But increasingly, more and more people did. For college kids, Napster was a Godsend, because you can all but guarantee two things about most college kids: They love music, and they're dirt poor. So it grew, and it grew, and it started to grow into the mainstream, and that's when the labels woke up and realized something important was happening. At that point they could have seen it as either a threat or an opportunity, and they, without hesitation, determined it to be a threat. It was a threat because essentially someone had come up with a better, free distribution method for the labels' product. To be fair, you can imagine how confusing this must have been for them - is there even a historical precedent for an industry's products suddenly being able to replicate and distribute on their own, without cost?

For quite a while - long after most tech-savvy music lovers - I resisted the idea of stealing music. Of course I would download MP3s - I downloaded a lot of stuff - but I would always make sure to buy the physical CD if it was something I liked. I knew a lot of musicians, a lot of them bewildered at what was happening to the industry they used to understand. People were downloading their music en masse, gorging on this new frontier like pigs at a troff - and worst of all, they felt entitled to do so. It was like it was okay simply because the technology existed that made it possible. But it wasn't okay - I mean, let's face it, no matter how you rationalized it, it was stealing, and because the technology existed to hotwire a car didn't make that okay, either. The artists lost control of distribution: They couldn't present albums the way they wanted to, in a package with nice artwork. They couldn't reveal it the way they wanted to, because music pirates got the albums online well before the actual release date. Control had been taken away from everyone who used to have it. It was a scary time in unfamiliar territory, where suddenly music fans became enemies to the artists and companies they had supported for years. It led to laughable hyperbole from bands like Metallica, instantly the poster-children of cry-baby rich rock stars, and the beginning of the image problem the industry has faced in its handling of the piracy issue. But still, at the time, I understood where they were coming from. Most musicians weren't rich like Metallica, and needed all the album sales they could get for both income and label support. Plus, it was their art, and they had created it - why shouldn't they be able to control how it's distributed, just because some snotty, acne-faced internet kids had found a way to cheat the system? And these entitled little internet brats, don't they realize that albums cost money to create, and to produce, and to promote? How is there going to be any new music if no one's paying for it?

On top of that, I couldn't get into the idea of an invisible music library that lives on my computer. Where's the artwork? Where's my collection? I want the booklet, the packaging... I want shelves and shelves of albums that I've spent years collecting, that I can pore over and impress my friends with... I want to flip through the pages, and hold the CD in my hand... Being a kid who got into music well past the days of vinyl, CDs were all I had, and they still felt important to me.

It's all changed.

In a few short years, the aggressive push of technology combined with the arrogant response from the record industry has rapidly worn away all of my noble intentions of clinging to the old system, and has now pushed me into full-on dissent. I find myself fully immersed in digital music, almost never buying CDs, and fully against the methods of the major record labels and the RIAA. And I think it would do the music industry a lot of good to pay attention to why - because I'm just one of millions, and there will be millions more in the years to come. And it could have happened very, very differently.

As the years have passed, and technology has made digital files the most convenient, efficient, and attractive method of listening to music for many people, the rules and cultural perceptions regarding music have changed drastically. We live in the iPod generation - where a "collection" of clunky CDs feels archaic - where the uniqueness of your music collection is limited only by how eclectic your taste is. Where it's embraced and expected that if you like an album, you send it to your friend to listen to. Whether this guy likes it or not, iPods have become synonymous with music - and if I filled my shiny new 160gb iPod up legally, buying each track online at the 99 cents price that the industry has determined, it would cost me about $32,226. How does that make sense? It's the ugly truth the record industry wants to ignore as they struggle to find ways to get people to pay for music in a culture that has already embraced the idea of music being something you collect in large volumes, and trade freely with your friends.

Already is the key word, because it didn't have to be this way, and that's become the main source of my utter lack of sympathy for the dying record industry: They had a chance to move forward, to evolve with technology and address the changing needs of consumers - and they didn't. Instead, they panicked - they showed their hand as power-hungry dinosaurs, and they started to demonize their own customers, the people whose love of music had given them massive profits for decades. They used their unfair record contracts - the ones that allowed them to own all the music - and went after children, grandparents, single moms, even deceased great grandmothers - alongside many other common people who did nothing more than download some songs and leave them in a shared folder - something that has become the cultural norm to the iPod generation. Joining together in what has been referred to as an illegal cartel and using the RIAA as their attack dogs, the record labels have spent billions of dollars attempting to scare people away from downloading music. And it's simply not working. The pirating community continues to out-smart and out-innovate the dated methods of the record companies, and CD sales continue to plummet while exchange of digital music on the internet continues to skyrocket. Why? Because freely-available music in large quantities is the new cultural norm, and the industry has given consumers no fair alternative. They didn't jump in when the new technologies were emerging and think, "how can we capitalize on this to ensure that we're able to stay afloat while providing the customer what they've come to expect?" They didn't band together and create a flat monthly fee for downloading all the music you want. They didn't respond by drastically lowering the prices of CDs (which have been ludicrously overpriced since day one, and actually increased in price during the '90's), or by offering low-cost DRM-free legal MP3 purchases. Their entry into the digital marketplace was too little too late - a precedent of free, high-quality, DRM-free music had already been set.

There seem to be a lot of reasons why the record companies blew it. One is that they're really not very smart. They know how to do one thing, which is sell records in a traditional retail environment. From personal experience I can tell you that the big labels are beyond clueless in the digital world - their ideas are out-dated, their methods make no sense, and every decision is hampered by miles and miles of legal tape, copyright restrictions, and corporate interests. Trying to innovate with a major label is like trying to teach your Grandmother how to play Halo 3: frustrating and ultimately futile. The easiest example of this is how much of a fight it's been to get record companies to sell MP3s DRM-free. You're trying to explain a new technology to an old guy who made his fortune in the hair metal days. You're trying to tell him that when someone buys a CD, it has no DRM - people can encode it into their computer as DRM-free MP3s within seconds, and send it to all their friends. So why insult the consumer by making them pay the same price for copy-protected MP3s? It doesn't make any sense! It just frustrates people and drives them to piracy! They don't get it: "It's an MP3, you have to protect it or they'll copy it." But they can do the same thing with the CDs you already sell!! Legal tape and lots of corporate bullshit. If these people weren't the ones who owned the music, it'd all be over already, and we'd be enjoying the real future of music. Because like with any new industry, it's not the people from the previous generation who are going to step in and be the innovators. It's a new batch.

Newspapers are a good example: It used to be that people read newspapers to get the news. That was the distribution method, and newspaper companies controlled it. You paid for a newspaper, and you got your news, that's how it worked. Until the internet came along, and a new generation of innovative people created websites, and suddenly anyone could distribute information, and they could distribute it faster, better, more efficiently, and for free. Obviously this hurt the newspaper industry, but there was nothing they could do about it, because they didn't own the information itself - only the distribution method. Their only choice was to innovate and find ways to compete in a new marketplace. And you know what? Now I can get live, up-to-the-minute news for free, on thousands of different sources across the internet - and The New York Times still exists. Free market capitalism at its finest. It's not a perfect example, but it is a part of how the internet is changing every form of traditional media. It happened with newspapers, it's happening now with music, and TV and cell phones are next on the chopping block. In all cases technology demands that change will happen, it's just a matter of who will find ways to take advantage of it, and who won't.

Unlike newspapers, record companies own the distribution and the product being distributed, so you can't just start your own website where you give out music that they own - and that's what this is all about: distribution. Lots of pro-piracy types argue that music can be free because people will always love music, and they'll pay for concert tickets, and merchandise, and the marketplace will shift and artists will survive. Well, yes, that might be an option for some artists, but that does nothing to help the record labels, because they don't make any money off of merchandise, or concert tickets. Distribution and ownership are what they control, and those are the two things piracy threatens. The few major labels left are parts of giant media conglomerations - owned by huge parent companies for whom artists and albums are just numbers on a piece of paper. It's why record companies shove disposable pop crap down your throat instead of nurturing career artists: because they have CEOs and shareholders to answer to, and those people don't give a shit if a really great band has the potential to get really successful, if given the right support over the next decade. They see that Gwen Stefani's latest musical turd sold millions, because parents of twelve year old girls still buy music for their kids, and the parent company demands more easy-money pop garbage that will be forgotten about next month. The only thing that matters to these corporations is profit - period. Music isn't thought of as an art form, as it was in the earlier days of the industry where labels were started by music-lovers - it's a product, pure and simple. And many of these corporations also own the manufacturing plants that create the CDs, so they make money on all sides - and lose money even from legal MP3s.

At the top of all this is the rigged, outdated, and unfair structure of current intellectual property laws, all of them in need of massive reform in the wake of the digital era. These laws allow the labels to maintain their stranglehold on music copyrights, and they allow the RIAA to sue the pants off of any file-sharing grandmother they please. Since the labels are owned by giant corporations with a great deal of money, power, and political influence, the RIAA is able to lobby politicians and government agencies to manipulate copyright laws for their benefit. The result is absurdly disproportionate fines, and laws that in some cases make file sharing a heftier charge than armed robbery. This is yet another case of private, corporate interests using political influence to turn laws in the opposite direction of the changing values of the people. Or, as this very smart assessment from a record executive described it: "a clear case of a multinational conglomerate using its political muscle to the disadvantage of everyone but itself." But shady political maneuvers and scare tactics are all the RIAA and other anti-piracy groups have left, because people who download music illegally now number in the hundreds of millions, and they can't sue everyone. At this point they're just trying to hold up what's left of the dam before it bursts open. Their latest victim is Oink, a popular torrent site specializing in music.

If you're not familiar with Oink, here's a quick summary: Oink was was a free members-only site - to join it you had to be invited by a member. Members had access to an unprecedented community-driven database of music. Every album you could ever imagine was just one click away. Oink's extremely strict quality standards ensured that everything on the site was at pristine quality - 192kbps MP3 was their bare minimum, and they championed much higher quality MP3s as well as FLAC lossless downloads. They encouraged logs to verify that the music had been ripped from the CD without any errors. Transcodes - files encoded from other encoded files, resulting in lower quality - were strictly forbidden. You were always guaranteed higher quality music than iTunes or any other legal MP3 store. Oink's strict download/share ratio ensured that every album in their vast database was always well-seeded, resulting in downloads faster than anywhere else on the internet. A 100mb album would download in mere seconds on even an average broadband connection. Oink was known for getting pre-release albums before anyone else on the internet, often months before they hit retail - but they also had an extensive catalogue of music dating back decades, fueled by music lovers who took pride in uploading rare gems from their collection that other users were seeking out. If there was an album you couldn't find on Oink, you only had to post a request for it, and wait for someone who had it to fill your request. Even if the request was extremely rare, Oink's vast network of hundreds of thousands of music-lovers eager to contribute to the site usually ensured you wouldn't have to wait long.

In this sense, Oink was not only an absolute paradise for music fans, but it was unquestionably the most complete and most efficient music distribution model the world has ever known. I say that safely without exaggeration. It was like the world's largest music store, whose vastly superior selection and distribution was entirely stocked, supplied, organized, and expanded upon by its own consumers. If the music industry had found a way to capitalize on the power, devotion, and innovation of its own fans the way Oink did, it would be thriving right now instead of withering. If intellectual property laws didn't make Oink illegal, the site's creator would be the new Steve Jobs right now. He would have revolutionized music distribution. Instead, he's a criminal, simply for finding the best way to fill rising consumer demand. I would have gladly paid a large monthly fee for a legal service as good as Oink - but none existed, because the music industry could never set aside their own greed and corporate bullshit to make it happen.

Here's an interesting aside: The RIAA loves to complain about music pirates leaking albums onto the internet before they're released in stores - painting the leakers as vicious pirates dead set on attacking their enemy, the music industry. But you know where music leaks from? From the fucking source, of course - the labels! At this point, most bands know that once their finished album is sent off to the label, the risk of it turning up online begins, because the labels are full of low-level workers who happen to be music fans who can't wait to share the band's new album with their friends. If the album manages to not leak directly from the label, it is guaranteed to leak once it heads off to manufacturing. Someone at the manufacturing plant is always happy to sneak off with a copy, and before long, it turns up online. Why? Because people love music, and they can't wait to hear their favorite band's new album! It's not about profit, and it's not about maliciousness. So record industry, maybe if you could protect your own assets a little better, shit wouldn't leak - don't blame the fans who flock to the leaked material online, blame the people who leak it out of your manufacturing plants in the first place! But assuming that's a hole too difficult to plug, it begs the question, "why don't labels adapt to the changing nature of distribution by selling new albums online as soon as they're finished, before they have a chance to leak, and release the physical CDs a couple months later?" Well, for one, labels are still obsessed with Billboard chart numbers - they're obsessed with determining the market value of their product by how well it fares in its opening week. Selling it online before the big retail debut, before they've had months to properly market the product to ensure success, would mess up those numbers (nevermind that those numbers mean absolutely nothing anymore). Additionally, selling an album online before it hits stores makes retail outlets (who are also suffering in all this) angry, and retail outlets have far more power than they should. For example, if a record company releases an album online but Wal-Mart won't have the CD in their stores for another two months (because it needs to be manufactured), Wal-Mart gets mad. Who cares if Wal-Mart gets mad, you ask? Well, record companies do, because Wal-Mart is, both mysteriously and tragically, the largest music retailer in the world. That means they have power, and they can say "if you sell Britney Spears' album online before we can sell it in our stores, we lose money. So if you do that, we're not going to stock her album at all, and then you'll lose a LOT of money." That kind of greedy business bullshit happens all the time in the record industry, and the consistent result is a worse experience for consumers and music lovers.

Which is why Oink was so great - take away all the rules and legal ties, all the ownership and profit margins, and naturally, the result is something purely for, by, and in service of the music fan. And it actually helps musicians - file-sharing is "the greatest marketing tool ever to come along for the music industry." One of Oink's best features was how it allowed users to connect similar artists, and to see what people who liked a certain band also liked. Similar to Amazon's recommendation system, it was possible to spend hours discovering new bands on Oink, and that's what many of its users did. Through sites like Oink, the amount and variety of music I listen to has skyrocketed, opening me up to hundreds of artists I never would have experienced otherwise. I'm now fans of their music, and I may not have bought their CDs, but I would have never bought their CD anyway, because I would have never heard of them! And now that I have heard of them, I go to their concerts, and I talk them up to my friends, and give my friends the music to listen to for themselves, so they can go to the concerts, and tell their friends, and so on. Oink was a network of music lovers sharing and discovering music. And yes, it was all technically illegal, and destined to get shut down, I suppose. But it's not so much that they shut Oink down that boils my blood, it's the fucking bullshit propaganda they put out there. If the industry tried to have some kind of compassion - if they said, "we understand that these are just music fans trying to listen to as much music as they can, but we have to protect our assets, and we're working on an industry-wide solution to accommodate the changing needs of music fans"... Well, it's too late for that, but it would be encouraging. Instead, they make it sound like they busted a Columbian drug cartel or something. They describe it as a highly-organized piracy ring. Like Oink users were distributing kiddie porn or some shit. The press release says: "This was not a case of friends sharing music for pleasure." Wh - what?? That's EXACTLY what it was! No one made any money on that site - there were no ads, no registration fees. The only currency was ratio - the amount you shared with other users - a brilliant way of turning "free" into a sort of booming mini-economy. The anti-piracy groups have tried to spin the notion that you had to pay a fee to join Oink, which is NOT true - donations were voluntary, and went to support the hosting and maintenance of the site. If the donations spilled into profit for the guy who ran the site, well he damn well deserved it - he created something truly remarkable.

So the next question is, what now?

For the major labels, it's over. It's fucking over. You're going to burn to the fucking ground, and we're all going to dance around the fire. And it's your own fault. Surely, somewhere deep inside, you had to know this day was coming, right? Your very industry is founded on an unfair business model of owning art you didn't create in exchange for the services you provide. It's rigged so that you win every time - even if the artist does well, you do ten times better. It was able to exist because you controlled the distribution, but now that's back in the hands of the people, and you let the ball drop when you could have evolved.

None of this is to say that there's no way for artists to make money anymore, or even that it's the end of record labels. It's just the end of record labels as we know them. A lot of people point to the Radiohead model as the future, but Radiohead is only dipping its toe into the future to test the waters. What at first seemed like a rainbow-colored revolution has now been openly revealed as a marketing gimmick: Radiohead was "experimenting," releasing a low-quality MP3 version of an album only to punish the fans who paid for it by later releasing a full-quality CD version with extra tracks. According to Radiohead's manager: "If we didn't believe that when people hear the music they will want to buy the CD then we wouldn't do what we are doing." Ouch. Radiohead was moving in the right direction, but if they really want to start a revolution, they need to place the "pay-what-you-want" digital album on the same content and quality level as the "pay-what-we-want" physical album.

Ultimately, I don't know what the future model is going to be - I think all the current pieces of the puzzle will still be there, but they need to be re-ordered, and the rules need to be changed. Maybe record labels of the future exist to help front recording costs and promote artists, but they don't own the music. Maybe music is free, and musicians make their money from touring and merchandise, and if they need a label, the label takes a percentage of their tour and merch profits. Maybe all-digital record companies give bands all the tools they need to sell their music directly to their fans, taking a small percentage for their services. In any case, the artists own their own music.

I used to reject the wishy-washy "music should be free!" mantra of online music thieves. I knew too much about the intricacies and economics of it, of the rock-and-a-hard-place situation many artists were in with their labels. I thought there were plenty of new ways to sell music that would be fair to all parties involved. But I no longer believe that, because the squabbling, backwards, greedy, ownership-obsessed major labels will never let it happen, and that's more clear to me now than ever. So maybe music has to be free. Maybe taking the money out of music is the only way to get money back into it. Maybe it's time to abandon the notion of the rock star - of music as a route to fame and fortune. The best music was always made by people who weren't in it for the money, anyway. Maybe smart, talented musicians will find ways to make a good living with or without CD sales. Maybe the record industry execs who made their fortunes off of unfair contracts and distribution monopolies should just walk away, confident that they milked a limited opportunity for all it was worth, and that it's time to find fortune somewhere else. Maybe in the hands of consumers, the music marketplace will expand in new and lucrative ways no one can even dream of yet. We won't know until music is free, and eventually it's going to be. Technological innovation destroys old industries, but it creates new ones. You can't fight it forever.

Until the walls finally come down, we're in what will inevitably be looked back on as a very awkward, chaotic period in music history - fans are being arrested for sharing the music they love, and many artists are left helpless, unable to experiment with new business models because they're locked into record contracts with backwards-thinking labels.

So what can you and I do to help usher in the brave new world? The beauty of Oink was how fans willingly and hyper-efficiently took on distribution roles that traditionally have cost labels millions of dollars. Music lovers have shown that they're much more willing to put time and effort into music than they are money. It's time to show artists that there's no limit to what an energized online fanbase can accomplish, and all they'll ever ask for in return is more music. And it's time to show the labels that they missed a huge opportunity by not embracing these opportunities when they had the chance.

1. Stop buying music from major labels. Period. The only way to force change is to hit the labels where it hurts - their profits. The major labels are like Terry Schiavo right now - they're on life support, drooling in a coma, while white-haired guys in suits try and change the laws to keep them alive. But any rational person can see that it's too late, and it's time to pull out the feeding tube. In this case, the feeding tube is your money. Find out which labels are members/supporters of the RIAA and similar copyright enforcement groups, and don't support them in any way. The RIAA Radar is a great tool to help you with this. Don't buy CDs, don't buy iTunes downloads, don't buy from Amazon, etc. Steal the music you want that's on the major labels. It's easy, and despite the RIAA's scare tactics, it can be done safely - especially if more and more people are doing it. Send letters to those labels, and to the RIAA, explaining very calmly and professionally that you will no longer be supporting their business, because of their bullish scare tactics towards music fans, and their inability to present a forward-thinking digital distribution solution. Tell them you believe their business model is outdated and the days of companies owning artists' music are over. Make it very clear that you will continue to support the artists directly in other ways, and make it VERY clear that your decision has come about as a direct result of the record company's actions and inactions regarding digital music.

2. Support artists directly. If a band you like is stuck on a major label, there are tons of ways you can support them without actually buying their CD. Tell everyone you know about them - start a fansite if you're really passionate. Go to their shows when they're in town, and buy t-shirts and other merchandise. Here's a little secret: Anything a band sells that does not have music on it is outside the reach of the record label, and monetarily supports the artist more than buying a CD ever would. T-shirts, posters, hats, keychains, stickers, etc. Send the band a letter telling them that you're no longer going to be purchasing their music, but you will be listening to it, and you will be spreading the word and supporting them in other ways. Tell them you've made this decision because you're trying to force change within the industry, and you no longer support record labels with RIAA affiliations who own the music of their artists.

If you like bands who are releasing music on open, non-RIAA indie labels, buy their albums! You'll support the band you like, and you'll support hard-working, passionate people at small, forward-thinking music labels. If you like bands who are completely independent and are releasing music on their own, support them as much as possible! Pay for their music, buy their merchandise, tell all your friends about them and help promote them online - prove that a network of passionate fans is the best promotion a band can ask for.

3. Get the message out. Get this message out to as many people as you can - spread the word on your blog or your MySpace, and more importantly, tell your friends at work, or your family members, people who might not be as tuned into the internet as you are. Teach them how to use torrents, show them where to go to get music for free. Show them how to support artists while starving the labels, and who they should and shouldn't be supporting.

4. Get political. The fast-track to ending all this nonsense is changing intellectual property laws. The RIAA lobbies politicians to manipulate copyright laws for their own interests, so voters need to lobby politicians for the peoples' interests. Contact your local representatives and senators. Tell them politely and articulately that you believe copyright laws no longer reflect the interests of the people, and you will not vote for them if they support the interests of the RIAA. Encourage them to draft legislation that helps change the outdated laws and disproportionate penalties the RIAA champions. Contact information for state representatives can be found here, and contact information for senators can be found here. You can email them, but calling on the phone or writing them actual letters is always more effective.


Tonight, with Oink gone, I find myself wondering where I'll go now to discover new music. All the other options - particularly the legal ones - seem depressing by comparison. I wonder how long it will be before everyone can legally experience the type of music nirvana Oink users became accustomed to? I'm not too worried - something even better will rise out of Oink's ashes, and the RIAA will respond with more lawsuits, and the cycle will repeat itself over and over until the industry has finally bled itself to death. And then everything will be able to change, and it will be in the hands of musicians and fans and a new generation of entrepreneurs to decide how the new record business is going to work. Whether you agree with it or not, it's fact. It's inevitable - because the determination of fans to share music is much, much stronger than the determination of corporations to stop it.

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476 Comments:

Blogger Chowderhawk said...

Wow, what a rant. I'm glad that you talked about this subject and that you actually updated your blog.

I think close to everybody hates the RIAA and the labels in general. The problem is that people dont want to do 'the wrong thing'. The RIAA just needs to sue someone every few months and people will keep thinking that they will be caught if they do it.

It's going to be an interesting time for music fans...

11:50 PM  
Blogger RealLowVibe said...

While I know you said you had avoided doing so due to the complicated nature of the whole situation, I thank you for sitting down and taking the time to write it out.

It's an eloquent, spot-on summary of what I've been feeling. Definitely passing this along out into the world...

And I can completely vouch for the points you've offered as ways to support bands without supporting RIAA-related majors. Whenever possible, buy merch and music directly from the bands themselves, as not only will you be avoiding supporting the clusterfuck that is the industry, you'll actually be directly helping the musicians in question, as many of the smaller bands depend on that merch money for things as simple but crucial as eating or paying for fuel to get to their next show.

Again, many thanks!

12:17 AM  
Blogger Lance said...

Exquisite. And done. You've articulated a philosophy and outlined the actions I have lived with and preformed for the last several years. And you've done it in a manner far better than I could ever hope to.

There's not much else to say other than "you're right" and "it's time to take action."

I never did have an accoubt on Oink. I was never that lucky. But I can at least stay happy knowing that little sites like Demonoid still exist, for now.

2:54 AM  
Anonymous Brendan said...

Allmusic is a great way to learn about new bands. I spend hours on that site man. I feel the same way, although I like having a physical copy of the album (I'm like you in that I adore good album art and linear notes), it's just way too fucking expensive, and I fine myself paying more for my music (example: My copy of "In The Court of The Crimson King" By King Crimson cost me 21 bucks Canadian, and yet a copy of Snoop Dogg's new album was a mere 8 bucks. Whiskey Foxtrot Tango?). I'd be out tens of thousands of dollars that I don't have if I bought every album I own. And luckily in Canada, the RIAA or similar groups can't sue individuals for sharing music online. Go Canada's socialist paradise.

3:29 AM  
Anonymous AlexD said...

Excellent as normal. For me its all about the indie music bloggers. The independant music scene is going through a boom era at the mo. Particularly in the US. Now that those dudes you hate who where fake vintage t-shirts with beards can have as much online presence as the major labels and push smaller artists on tiny labels who you otherwise never of heard. Elbo.ws and hypemachine are great examples of quality control through the power people voting with their feet.

For me personally in the UK, theres nothing Ive heard good on a major label in yonks anyway. We also have a movement back to vinyl of kids hearing and enjoying mp3s and then buying vinyl to hear it in all its analogue glory.

4:37 AM  
Blogger kyle said...

come join us on soulseek.
not torrents, but great way to get albums, and a very nice recommendation system

5:30 AM  
Blogger POLy said...

what a good article.. i didn't know about oink, but i do know how to download music from the internet... and i hope someday music will be free!

there is an interesting thing that happened in my country, im from Ecuador, a third world country, and even here, where people dont have education etc.. there was a a big tower records store... in the past 5 years the piracy went out of control so much, people could download their music from kazaa, or bearshare and from blogs that had the Cd's and music stored in rapidshare, sendspace, etc that tower records had to close,,, i dont know the world.. they bankrupt... you now what happened next? all the big(?) artist started to come here, before a small country, now was another place for band touring!

tu pagina esta muy bacan, me hace cagar de la risa, buena publicacion.

chao

8:31 AM  
Blogger Buzz said...

Great read, as always, thanks for that.
While you are that passionate about filesharing I wonder what you think about that your own work (or at least something you contributed to) is available for free on the internet. I think working on a live dvd for Nine Inch Nails isn't a two hour job, and if, in the end, this dvd is available (before street date) on the internet for free, aren't you angry that some/many/all the people steal your work instead of buying it? Or are you just like "It was a job, I got payed, I don't care what happens to the product..."? Or something completely different? What's your feeling about the whole situation while basically sitting on both sides in this "war".
Love to hear your thoughts about that.
Thanks,
Buzz

8:31 AM  
Anonymous Anonymous said...

very well said, these are interesting times indeed.

8:58 AM  
Anonymous Andrea said...

Now I really wish I'd gotten in on this whole Oink thing....I'd never even heard about it until after they shut it down. Apparently I really missed out.

I really liked reading this entry. You did it so well.

9:16 AM  
Anonymous Anonymous said...

I'd like to have your brain for my pet.. if you don't mind.

10:00 AM  
Blogger McGeek said...

And let's not even get started on the networks who get pissy when you download television shows that are being offered for free on the airways anyway. I got a warning notice from NBC last season when I downloaded an episode of BSG. It had aired three nights before, I had forgotten to tape it, and it wasn't repeating or available online on their shitty media player. How else was I supposed to see the damn thing? According to NBC I was supposed to pay $2 on Itunes for it (now $5 with their new Amazon deal). If the season had been over and I was trying to play catchup before this season started, I would have been happy to go out and buy the DVD. But don't make me pay money for an episode that everyone else got to see for free, just so I won't be lost come Friday. That's just unfair.

P.S. Jeez, the 160? Ha, I just had to justify to myself that I needed the 80 GB and that was after my (4 GB) mini decided to fry on me. I had to dip into my Wii fund for that too, so sadly I'm still without awesome video gamingness. Worth it though cause the first thing I did was download my stolen episode of Battlestar onto it. Take that NBC.

1:01 PM  
Anonymous q said...

Thank you very much for this article. I completely agree with everything written in it. It's really a nice, objective summary of the whole record industries' absurd fight against their own customers.

1:17 PM  
Blogger acidpolly said...

thank you for the article!
and what a lovely picture ;)

2:18 PM  
Blogger janthonyjackson said...

So, basically, the ideal distribution system is... Factory Records. Only with the internet.

last.fm has a decent rec system. And as there's no proper Los Angeles live music guide, you can look at last.fm's events page for your area. Not perfect, but better than anything else I've found.

For want of having more to say, here's my top three contemporary bands who are independent and unknown:

The Shells
Howling Bells
Jack Conte

[They all have a myspace of varying quality if you're interested.]

4:25 PM  
Blogger el marcador said...

WORD. dude i couldn't agree more with everything you had to say. im reminded of the NOFX song "Dinosaurs Will Die":

Kick back watch it crumble
See the drowning, watch the fall
I feel just terrible about it
That's sarcasm, let it burn

I'm gonna make a toast when it falls apart
I'm gonna raise my glass above my heart
Then someone shouts "That's what they get!"

For all the years of hit and run
For all the piss broke bands on VH1
Where did all, their money go?
Don't we all know

Parasitic music industry
As it destroys itself
We'll show them how it's supposed to be

Music written from devotion
Not ambition, not for fame
Zero people are exploited
There are no tricks, up our sleeve

Gonna fight against the mass appeal
We're gonna kill the 7 record deal
Make records that have more than one good song
The dinosaurs will slowly die
And I do believe no one will cry
I'm just fucking glad I'm gonna be
There to watch the fall

Prehistoric music industry
Three feet in la brea tar
Extinction never felt so good

If you think anyone would feel badly
You are sadly, mistaken
The time has come for evolution
Fuck collusion, kill the five

Whatever happened to the handshake?
Whatever happened to deals no-one would break?
What happened to integrity?
It's still there it always was
For playing music just because
A million reasons why

(All) dinosaurs will die
(All) dinosaurs will die
(All) dinosaurs will die

5:08 PM  
Blogger Natali said...

Tonight, with Oink gone, I find myself wondering where I'll go now to discover new music. All the other options - particularly the legal ones - seem depressing by comparison.

I'm feeling like there's a hole in my heart now that Oink has gone. I'm just holding out that I can find something, anything to bridge the gap. At least Saul's album is out next week, that's going to tide me over for a long time.

5:30 PM  
Blogger Mr. Tangent said...

Good post but I don't honestly see how you could defend music pirates. You blame the industry for attacking pirates yet it was the pirates who started it. Every action has a reaction. The industry was only responding to the blatant and widespread theft of their intellectual property (or that of their artists). The people know (or should) the laws and distributing copyrighted material to friends or random people is in no way justifiable or covered by "fair use" rights.

Now don't get me wrong. I think the internet is a great way to find new music but I think if you truly love a band you should buy their CD as well as see them live, buy their shirt or so on. I use P2P/FTP/web as a way to try before I buy, but by no means do I steal music.

Reason: There are a LOT of bands that cannot afford to go on a national tour, let alone an international tour. So if they don't have a shirt, or a tour, their only means of sustenance is by selling CDs. If people just completely rip them off they'll have less financial incentive to release future music. Granted music should not be about money but sadly, everything is about money and, quite frankly, musicians like to eat too. And pay rent. And buy nice things.

I think it boils down not to the socialist, utopia-situation that a lot of the so-called music lovers like to say it is (most of the replies here fit this bill), but rather it's a bunch of cheap-assed, gimme-gimme-gimme, take-everything, give-nothing assholes. There are some true music fans who download music and still support the artist, but I think you're deluding yourself if you think that this is the rule, rather than the exception.

Post-script: You say that the industry is not catering to the fans and that they should have embraced digital downloads. iTunes and others have been around now for several years. Is it not good enough? So the only thing good enough is if they give you everything for free?

Another poster asked if you liked being paid for your work. How would you feel if you went to work one day and the boss said that he didn't feel like paying you anymore and that you should do it for free. Do you think that's reasonable?

10:49 PM  
Anonymous lightthief said...

Slightly off the point of the the article Rob, but it would be interesting to know how you feel about the death of CDs as a whole and the box art that goes with them. I've been loving your designs but I worry a future w/o physical media to purchase would see us all stuck with web design, which, really, isn't nearly as fun or gratifying in my experience.

Thoughts?

11:25 PM  
Blogger Rob said...

Tangent: You're missing the point. The point is that no matter how you feel about it on a moral level, it's already happened. It's too late now, and it's not the fault of the pirates, it's the result of technology. Someone invented the internet, someone invented MP3s, someone invented means of distributing MP3s, and all of that has changed the way a new generation thinks about music. I used to think like you, because at first, it really seemed like the wrong thing to do. Ultimately, taking something that someone created just because you can is wrong. But technology changes the marketplace - there was a time when calculators used to cost $100, now they cost ten cents. No one makes fortunes off of typewriters anymore, because computers made them obsolete. Those type of things. It was the responsibility of the music industry to recognize that technology was drastically changing their marketplace. That MP3s and the iPod becoming the cultural norm means that the way music is sold needs to change. You can't charge 99 cents a song. You can't charge 18 bucks for a CD. It doesn't make sense anymore, especially when a competing distribution method is offering the same product for free. The fact that it's illegal is a moot point when the values of our culture are turning more and more towards not viewing it as something that should be illegal, and the record industry is taking all the wrong actions to sway public opinion in its favor.

There's an interesting article here that suggests basic economic theory dictates that music has to become free - that it's inevitable (an interesting counterpoint is here). I don't know that all music has to be free - as I said in the post, there are a variety of different models that could work, and only through industry experimentation will we see which ones sink and which ones float. The industry can't experiment when it's being held back by a failing business model. The longer the industry continues to fight for its outdated methods, the more piracy is able to take hold as the welcomed alternative, and the less tolerance people have for paying for music. The industry is literally shooting itself in the foot, because it refuses to acknowledge how technology has changed its marketplace.

All of your arguments only apply to the current economic model of the music industry - and believe me, I felt the same way for a very long time. But you have to look at how the culture has changed with technology, and how the record industry has FOUGHT it to preserve the distribution monopoly that has allowed it to own artists' music while giving them barely any of the money their music has earned, and allowed it to overcharge you and I, the consumers, for the right to own that music (but not really own it, after all). If you look at what I said, I'm encouraging people to only steal music that is owned by the big record labels who are dragging the industry down with them by refusing to innovate, and turning against their fans in vile and arrogant ways with the actions of the RIAA. You can't demonize your consumers if you haven't made an effort to give them a fair alternative to piracy. iTunes? You really think it's iTunes?? 99 cents per song for less-than-CD-quality, no physical copy, and copyright restrictions, resulting in tens of thousands of dollars to fill up an iPod? It just doesn't make sense anymore, and even the most stringent music buyer will eventually give in because technology is outpacing the current business model.

Do you really think record companies should own the art that musicians create? That became the standard way that record contracts worked because record companies controlled the distribution, and they could call the shots. But it doesn't make sense anymore.

You're right that a lot of people who steal music have the greedy, gimme-gimme mentality and don't support most of the artists they download. But it doesn't matter, because the technology continues to grow, and fighting against that growth has proven futile. Holding on to the old business models is what got labels into the mess they're in. Can you imagine if Napster had shown up and they'd had the foresight to say "once people realize that they don't need CDs anymore, the floodgates are going to pore open - maybe we should embrace this"? They could have set the precedent right there that digital music costs X amount - a fair amount - and it would have prevented people like me from turning to the dark side, and kept piracy at bay for a lot longer. If a monthly subscription fee existed right now that allowed me to download any music I want, I'd pay really well for it - and I think a lot of people would. But it's not going to happen.

Part of why I wanted to write this post was to show how I tried really hard to cling to the idea of buying CDs, but I was eventually worn down. It's going to happen to you, too, I promise. It seems like it won't, but it will. Thanks to the internet there's simply too much great music out there. It's all at your fingertips, and you simply can't afford it all at the current pricing models. It's impossible, and you start to think, "why shouldn't I be able to listen to all this music? why have CDs been around for over 20 years and not gone significantly down in price?" And as labels put less and less money and effort into the physical CDs to try and cut corners everywhere but their CEO paychecks, you're eventually going to realize your CD collection is becoming a big pile of junk that's just taking up space. And then you're finally going to feel ripped off, because there's no reasonable justification for paying $18 for an album anymore - or even $10 - especially considering how little of that goes to the artist. Artists usually make about a dollar of that money, on a good day. You know how much they make of that 99 cent iTunes download? Around ten cents, on average. So ninety percent of the money you're being asked to pay goes to the labels and Apple, with the best reports indicating that labels take about 65 cents or more. So, why should Apple get any of that money? Sites like Oink prove that we don't need the distribution service they're providing. Why should the record company get all that money? When you buy a CD at least the label can say they've paid for a physical product to be manufactured, shipped, and distributed around the world - but on iTunes, there is no physical product - the record company's share should be far lower. And the labels are afraid to price digital music too much lower than physical CDs, because they're terrified of pissing off Best Buy and Wal-Mart. So two people lose in the end: The artist, and you.

Do I get pissed off at the thought of people pirating something I've worked on or created? Well, yeah. It's a weird feeling, and every artist goes through the phase of being angry at fans for feeling like they have the right to do whatever they want with art just because technology allows it. But then you start to realize, "this is how it is now." Technology has changed it all, and as soon as you just leave the old way of thinking behind and start thinking of new ways to make it work for both parties, it's extremely freeing. You ask how I would feel if I walked into work and my boss said he doesn't feel like paying me today. That's not really a fair analogy. Musicians are doing something they love, and if they love it enough, they'll find ways to make a living off of it. No matter what though, I doubt there will ever be as much money in recorded music as there once was. And is that really such a bad thing? Maybe it is, maybe it isn't, but debating it is pointless, because technology is demanding that it happens.

Technology has forced change, and record companies are able to fight it because they own the music, and their profits are at risk, but it's a downhill battle. No matter how you feel about the issue morally, it's irrelevant because the change is happening no matter what, and the sooner we bring down the people who are holding back change the sooner some kind of new business model can take shape. It's going to be a very different industry, but there will still be musicians, and there will still be record companies, and there will still be CDs, and the options for artists and fans will be greater and more varied than ever before - and best of all, there will no longer be a need for musicians to sign away their art in order to get it out into the world and be successful with it.

This is a huge issue - a huge, huge, huge issue, and as you can see, I can talk about it forever and it leads to me rambling because there are so many different facets of it. It's a great issue for debate, as well, because the traditional rights and wrongs have all been mixed together into an unprecedented gray zone - and like I said, my own specific feelings on the issue go back and forth all the time.

Do yourself a favor, and read through this whole report - written three years ago by a record executive. It lays out a lot of important points, but most of all read the conclusion. It says more eloquently what I've been trying to say in this comment, and It also brings up the issue of media control which I didn't even touch on - that the RIAA and Clear Channel and the cartel of corporate labels are trying to protect their control. If the internet takes over, they can't tell you what to listen to, they can't tell you what to buy, they are no longer the filter. No matter how you feel about file-sharing or piracy or things like that, these organizations and what they stand for must go down for the benefit of consumers, artists, free speech, and a free market. And they will go down... it's just a matter of time.

12:42 AM  
Blogger DAGO said...

Great post, I don't agree 100% with every single point you make but even so I feel like it's worth sharing.

I tried to digg it but for some reason demonbaby.com is banned from the place.

12:47 AM  
Blogger Rob said...

lightthief: I wouldn't worry. I think you'll find that really cool physical packaging feels dead right now because CDs are dying out (and labels are desperate to save money, so they won't pay for cool packaging), but it is going to come back in a HUGE way when artists go independent, for the simple reason that you can't pirate physical products, and putting out stuff like that is going to be a great way for artists to make money when they can't make as much off the music itself. Radiohead's disc box is a good example of the beginning of this new approach. If you're a big fan, of course you want the cool box with vinyls and books and stuff like that. You win because you got to download the album right away and still have an amazing physical component later on, and the Radiohead wins because they make a lot more money selling stuff like that direct to the fans than they ever would selling label-distributed CDs at Best Buy. And that's just one approach - it's exciting because the artists are going to get rewarded monetarily for coming up with the coolest, most artistic physical products that fans want to buy - it could become a vital part of a new business model.

12:52 AM  
Blogger Rob said...

Dago - a couple people have emailed me about Digg not accepting anything from Demonbaby. My guess would be that someone Dugg one of my posts about weird Japanese sex toys, and then it got reported as being porn.

If anyone has a second, please email abuse@digg.com and/or feedback@digg.com and politely ask that they allow submissions from my site - I'd love for this article to be up on Digg, I think it would get a lot of interesting reactions over there.

12:57 AM  
Blogger ben said...

a good example of where things are headed is quote unquote records. they're a ska/punk record label that's been doing the "free download with optional donation" thing for several years now. their flagship band bomb the music industry! doesn't even sell merchandise, but will spraypaint their logo on a t-shirt for 5 dollars and they are able to make a living off of their music playing a genre everyone thought was dead ten years ago.

you can look all you want at the death of major labels. for most of the folks following this strange evolution, it's a no brainer. they are dinosaurs and they are already dead.

The future is in indy labels who, due to their lack of inertia, tradition and protocol, are always on the cutting edge. this revolution is fertile.

1:15 AM  
Blogger Owen said...

Incredible, not read your blog in a long time but when I do something exciting is here and something to get the blood boiling.
Your thoughts are exactly how I see things right now, it has been frustrating beyond belief to see the way that record companies have alienated those who made them while at the same time completely missing out on the opportunity to harness the power that the new technology would have brought them and their artists.

The gaming industry is next in my opinion, however it is obviously more difficult to pirate the latest Wii game than it is a CD but Steam seems to have recognised the potential for online downloads, merch and other cool community related bit's and pieces because it knows it will appeal to fans. The industry is releasing special edition packaging and Bioshock came with the coolest fucking toy ever! Imagine if the music industry treated it's fans in the same way as the gaming industry.

I'm not saying the gaming industry is all for downloading games for free but at least it has embraced the idea that their product is online and followed by a massive number of tech-savvy fans. I mean shit, there this BBC article shows how piracy of EA products in Asia has actually led to more consumers there.

To quote the article.
"We have extremely strong brands [in Asia] thanks to the pirates; they have created millions of consumers - not customers," says Mr Florin.

The internet allows EA to tap into this market and make some money after all.

In South Korea, EA set up an online community based around the Fifa Soccer game. It was the firm's first venture in this market and has broken all records, with five million players or 12% of the population.

The Korean gamers are spending serious money on accessories and customisations of the on