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FW: [NEC] 2.2: The Music Industry and the Big Flip



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kids,=20

below is an interesting piece i picked via another list. some of you will h=
ave probably seen it already, but i'd be interested to hear your thoughts, =
given the ever-present interest expressed here in copyright, distribution a=
nd major-label badness. in any event, clay's stuff is always good value - s=
ee what you think.

best -=20

max

SLOW SOUND SYSTEM
a walk on the mild side
max@xxxxxxxxxxxxx
www.slowsound.net

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>
>-----Original Message-----
>From: nec-admin@xxxxxxxxxx [mailto:nec-admin@xxxxxxxxxx]
>Sent: 21 January 2003 18:34
>To: nec@xxxxxxxxxx
>Subject: [NEC] 2.2: The Music Industry and the Big Flip
>
>
>NEC @ Shirky.com, a mailing list about Networks, Economics, and Culture=20
>
>           Published periodically / # 2.2 / January 21, 2003=20
>        Licensed under the Creative Commons Attribution License
>               Subscribe at http://shirky.com/nec.html
>
>In this issue:
>
> - Introduction
>
> - Essay: The Music Business and the Big Flip
>    (Also at http://www.shirky.com/writings/music_flip.html)
>
> - WiFi and VoIP
> - Worth Reading
>   - Open Spectrum
> - Query: Research on Economic Loss from Protected Information=20
>
>* Introduction =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>
>This issue's essay is on distributed systems and collaborative
>filtering. In particular, it concerns what sort of system would have
>to exist to alter the ecosystem of music in the way earlier forms of
>internet publishing have altered the ecosystem of the written word.
>
>Between the last essay and now, the Supreme Court also decided the
>Eldred case, saying that Congress has unlimited power to extend
>copyright, thus making the limit of the =93limited duration=93 unlimited.
>
>This is Mancur Olson territory, where the effort required by the many
>to police the predations of the few is so high that special interests
>carry the day. For the average Congressperson, the argument is simple:
>copyright is a palatable tax that transfers wealth from the many to
>the few, and the few are better donors than the many. When the primary
>advantage of repealing that tax is something as unpredictable as
>cultural innovation, its not hard to see where to vote.
>
>The Eldred decision costs us a shortcut. This will now be a protracted
>fight.=20
>
>-clay
>
>* Essay =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>
>The Music Business and the Big Flip
>  (http://www.shirky.com/writings/music_flip.html)
>
>The first and last thirds of the music industry have been reconfigured
>by digital tools.  The functions in the middle have not.
>
>Thanks to software like ProTools and CakeWalk, the production of music
>is heavily digital.  Thanks to Napster and its heirs like Gnutella and
>Kazaa, the reproduction and distribution of music is also digital.  As
>usual,  this  digitization  has  taken  an enormous  amount  of  power
>formerly reserved for professionals and delivered it to amateurs.  But
>the middle part  -- deciding what new music should  be available -- is
>still analog and still professionally controlled.
>
>The  most  important departments  at  a  record  label are  Artists  &
>Repertoire,  and Marketing.   A&R's job  is  to find  new talent,  and
>Marketing's job  is to  publicize it.  These  are both  genuinely hard
>tasks,  and unlike  production or  distribution, there  is  no serious
>competition for those functions  outside the labels themselves.  Prior
>to its demise,  Napster began publicizing itself as a  way to find new
>music, but this was a fig leaf,  since users had to know the name of a
>song or artist  in advance.  Napster did little to  place new music in
>an existing  context, and the  current file-sharing networks  don't do
>much better.  In strong contrast to writing and photos, almost all the
>music  available on the  internet is  there because  it was  chosen by
>professionals.
>
>- Aggregate Judgments
>
>The  curious  thing about  this  state of  affairs  is  that in  other
>domains, we  now use amateur  input for finding and  publicizing.  The
>last  5  years have  seen  the  launch  of Google,  Blogdex,  Kuro5in,
>Slashdot, and many other  collaborative filtering sites that transform
>the   simple  judgments   of   a  few   participants  into   aggregate
>recommendations of remarkably high quality.
>
>This is  all part of the  Big Flip in publishing  generally, where the
>old notion of  =93filter, then publish=93 is giving  way to =93publish, th=
en
>filter.=93 There is no need  for Slashdot's or Kuro5hin's owners to sort
>the good posts from the bad  in advance, no need for Blogdex or Daypop
>to  pressure people not  to post  drivel, because  lightweight filters
>applied after the fact work  better at large scale than paying editors
>to enforce minimum quality in  advance.  A side-effect of the Big Flip
>is that  the division  between amateur and  professional turns  into a
>spectrum,  giving  us  a  world  where unpaid  writers  are  discussed
>side-by-side with New York Times columnists.
>
>The music industry is largely untouched by the Big Flip.  The industry
>harvests the aggregate  taste of music lovers and sells  it back to us
>as popularity, without offering anyone  the chance to be heard without
>their approval.   The industry's judgment, not  ours, still determines
>the  entire   domain  in   which  any  collaborative   filtering  will
>subsequently operate.   A working  =93publish, then filter=93  system that
>used our collective  judgment to sort new music  before it gets played
>on the radio or sold at the record store would be a revolution.
>
>- Core Assumptions
>
>Several  attempts at such  a thing  have been  launched, but  most are
>languishing, because they are constructed as extensions of the current
>way  of   producing  music,  not   alternatives  to  it.    A  working
>collaborative filter would have to make three assumptions.
>
>First, it would have to  support the users' interests.  Most new music
>is bad, and  the users know it.  Sites that  sell themselves as places
>for bands to find audiences  are analogous to paid placement on search
>engines --  more marketing vehicle than  real filter.  FarmFreshMusic,
>for example lists its goals as  =931.  To help artists get signed with a
>record  label.    2.   To  help  record  labels   find  great  artists
>efficiently.   3.  To help  music lovers  find the  best music  on the
>Internet.=93  Note who comes third.
>
>Second, life  is too  short to  listen to stuff  you hate.   A working
>system would  have to  err more  on the side  of false  negatives (not
>offering  you  music  you  might  like) rather  than  false  positives
>(offering you music you might  not like).  With false negatives as the
>default,  adventurous users  could expand  their preferences  at will,
>while the mass of listeners would get the Google version -- not a long
>list  of  every  possible match,  but  rather  a  short list  of  high
>relevance, no matter what has been left out.
>
>Finally, the system would have to use lightweight rating methods.  The
>surprise  in collaborative  filtering is  how  few people  need to  be
>consulted, and how  simple their judgments need to  be.  Each Slashdot
>comment is  moderated up or  down only a  handful of times, by  only a
>tiny fraction of its readers.   The Blogdex Top 50 links are sometimes
>pointed  to by as  few as  half a  dozen weblogs,  and the  measure of
>interest  is entirely  implicit in  the choice  to link.   Despite the
>almost  trivial nature  of  the input,  these  systems are  remarkably
>effective, given the mass of mediocrity they are sorting through.
>
>A working filter  for music would similarly involve  a small number of
>people (SMS voting at clubs, periodic =93jury selection=93 of editors a la
>Slashdot,  HotOrNot-style user  uploads), and  would pass  the highest
>ranked recommendations  on to progressively larger  pools of judgment,
>which would  add increasing degrees  of refinement about  both quality
>and classification.
>=20
>Such  a  system won't  undo  inequalities  in  popularity, of  course,
>because  inequality appears  whenever  a large  group expresses  their
>preferences among  many options.  Few weblogs have  many readers while
>many have few readers, but  there is no professional =93weblog industry=93
>manipulating  popularity.   However,  putting  the  filter  for  music
>directly in  the hands  of listeners could  reflect our  own aggregate
>judgments  back  to  us  more  quickly,  iteratively,  and  with  less
>distortion than the system we have today.
>
>- Business Models and Love
>
>Why would musicians voluntarily put new music into such a system?
>
>Money is  one answer, of  course.  Several sorts of  businesses profit
>from music  without needing the artificial scarcity  of physical media
>or  DRM-protected  files.   Clubs  and  concert halls  sell  music  as
>experience rather than  as ownable object, and might  welcome a system
>that  identified  and marketed  artists  for  free.  Webcasting  radio
>stations are currently  forced to pay the music  industry per listener
>without extracting fees from  the listeners themselves.  They might be
>willing to  pay artists for  music unencumbered by  per-listener fees.
>Both  of  these solutions  (and  other  ones, like  listener-supported
>radio) would offer at least  some artists some revenues, even if their
>music were freely available elsewhere.
>
>The more general  answer, however, is replacement of  greed with love,
>in Kevin  Kelly's felicitous  construction.  The internet  has lowered
>the threshold of publishing to the point where you no longer need help
>or permission to distribute your  work. What has happened with writing
>may be possible with music.  Like writers, most musicians who work for
>fame and fortune get neither, but unlike writers, the internet has not
>offered wide distribution  to people making music for  the love of the
>thing.   A  system that  offered  musicians  a  chance at  finding  an
>audience outside the professional system would appeal to at least some
>of them.
>
>- Music Is Different
>
>There  are obvious  differences here,  of course,  as music  is unlike
>writing in several  important ways.  Writing tools are  free or cheap,
>while analog and digital instruments can be expensive, and writing can
>be done  solo, while music-making is  usually done by  a group, making
>coordination much  more complex.  Furthermore,  bad music is  far more
>painful to  listen to than bad  writing is to read,  so the difference
>between amateur and professional music may be far more extreme.
>
>But for all  those limits, change may yet come.   Unlike an article or
>essay, people  will listen to  a song they  like over and  over again,
>meaning that even a small  amount of high-quality music that found its
>way from  artist to public  without passing through an  A&R department
>could  create  a  significant   change.   This  would  not  upend  the
>professional music  industry so  much as alter  its ecosystem,  in the
>same way newspapers now publish  in an environment filled with amateur
>writing.
>
>Indeed, the world's A&R departments would be among the most avid users
>of any collaborative filter that  really worked.  The change would not
>herald the death of A&R,  but rather a reconfiguration of the dynamic.
>A world  where the  musicians already had  an audience when  they were
>approached by professional  publishers would be considerably different
>from the system we have  today, where musicians must get the attention
>of the world's A&R departments to get an audience in the first place.
>
>Digital  changes  in  music  have  given  us  amateur  production  and
>distribution, but  left intact professional control of  fame.  It used
>to be  hard to record  music, but  no longer.  It  used to be  hard to
>reproduce and  distribute music, but no  longer.  It is  still hard to
>find and publicize good new music.   We have created a number of tools
>that make filtering  and publicizing both easy and  effective in other
>domains.  The application of those tools to new music could change the
>musical landscape.
>
>-=3D-
>
>* WiFi and VoIP =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>
>There's been lots of interesting conversations and feedback around the
>Zapmail essay (http://www.shirky.com/writings/zapmail.html), which was
>pointed to by over 350 different weblogs and sites. In that essay, I
>pointed to the symbiosis between WiFi and Voice over IP in home and
>office setups. Several readers pointed out the possible symbiosis
>between WiFi and VoIP for mobile telephony as well, by using WiFi
>access points to carry voice traffic from mobile phones in congested
>urban areas, possibly putting those access points into payphones,
>whose use is declining precipitously.
>
>Pocketpresence.com is working on putting VoIP in a PDA, as is
>Telesym.com. Meanwhile, from the it-might-be-vapor department,
>Motorola, Proxim, and Avaya are announcing wireless roaming that can
>jump between cellular networks and WiFi.=20
>  http://www.nytimes.com/2003/01/14/business/14MOTO.html
>
>And in the Wifi-is-a-product-not-a-service department, Technology
>Reports suggests that Starbucks in the Bay Area may be so bathed in
>freely available WiFi signal that patrons do not need to use their
>for-fee TMobile service.
>  http://technologyreports.net/wirelessreport/index.html?articleID=3D1452
>    (via the incomparable boingboing.net)
>
>* Worth Reading =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>
>- Open Spectrum
>
>David Weinberger has put together an absolutely terrific pair of
>papers, and essay and a FAQ, on Open Spectrum, drawing on the work of
>Jock Gill, Dewayne Hendricks, and David Reed.
>
>The essay is at:
>http://www.greaterdemocracy.org/framing_openspectrum.html
>The FAQ is at:
>http://www.greaterdemocracy.org/OpenSpectrumFAQ.html
>
>Along with Kevin Werbach's earlier white paper on Open Spectrum for
>New America (http://werbach.com/docs/new_wireless_paradigm.htm), there
>is now enough non-technical literature to move the conversation from
>the technical realm to the policy realm.
>
>* Query: Research on Economic Loss from Protected Information =3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D
>
>Elliott Maxwell asks:
>
>  =93I'm trying to find anything good that's written from an economic
>  perspective on the effects of loss of access to protected
>  information on innovation and economic growth.  There is lots of
>  anecdotal evidence, but if you know of anything systematic and/or
>  empirical it would be great.=93
>
>In light of Eldred, this is _the_ question. Edward Rothstein, in an
>attack on Lessig in Saturday's New York Times, asked =93What harm have
>we come to from copyright extension?=93  and the answer, of course, is
>=93We don't know.=93 (Rothstein's piece is at
>http://www.nytimes.com/2003/01/18/arts/18CONN.html)
>
>Because we can't directly demonstrate the loss of things that didn't
>happen, we need examples of loss from other systems where information
>became too atomized or controlled. Route 128 versus Silicon Valley,
>Japanese versus American manufacturing, anything that helps illustrate
>the point concretely.
>
>If you have any pointers, send them to me and I will forward them to
>Elliott (and point to the paper when it appears.)
>
>* End =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>
>This work is licensed under the Creative Commons Attribution License.
>The licensor permits others to copy, distribute, display, and perform
>the work. In return, licensees must give the original author credit.
>
>To view a copy of this license, visit
>http://creativecommons.org/licenses/by/1.0=20
>
>or send a letter to
>Creative Commons, 559 Nathan Abbott Way, Stanford, California 94305, USA.
>
>2003, Clay Shirky
>
>
>
>
>
>_______________________________________________
>NEC - Clay Shirky's distribution list on Networks, Economics & Culture=20
>NEC@xxxxxxxxxx
>http://shirky.com/nec.html
>

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