#265588 - 20/09/2005 19:27
One music retailer's reaction to MP3s
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carpal tunnel
Registered: 25/12/2000
Posts: 16706
Loc: Raleigh, NC US
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If You Can't Beat 'Em …Quote:
[E]arlier this year, the four-store chain announced its new "Buy It, Burn It, Return It" policy. Customers can buy a used or new CD, take it home, listen and, if they want, burn a copy to a computer. Within 10 days, they can return the CD for 70% store credit.
Quote:
The reaction from the Recording Industry Association of America, which represents the recording industry, was even stronger. Late last month, Jenni R. Engebretsen, a spokeswoman for the association, warned that programs like the Scottis' could mean copyright violations, illegal record rentals or "rentals in disguise." Then the association contacted the Scottis directly.
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They'll be unhappy if they have to take a step back from the "Buy It, Burn It, Return It" policy. Not only has it increased sales, says Jeff Scotti, but he also sees customers trying new music because they know they can return a CD they don't like. And stores' selection of used CDs -- another growing business -- is better.
So it occurs to me that the RIAA should be happy about increased sales, right? After all, they represent the people that are getting profits from those sales. So they must be concerned about something else. One of the other parts they talk about are used CDs, which I can understand the RIAA being concerned by, since used CDs can cut into new CD sales, but they said that new CD sales were up.
The other is folks listening to more "new" music, by which I assume they mean "new to the listener", or, in other words, not mainstream. Since a lot of that "alternative" music is put out by non-RIAA labels, maybe what they're really concerned about is that other companies are getting a piece of the pie; that good music is being effectively spread by word of mouth, and that has an impact on their bottom line. When you add that to the fact that they were agressively pursuing illegal downloads of music that they didn't have any financial stake in, to the point of listing non-RIAA labels as RIAA members, maybe that's really their concern. Not that people might be getting music for free, but that people might start listening to music other than the stuff approved for consumption by them. Do they have a stake in ClearChannel, too?
</theory type="conspiracy">
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Bitt Faulk
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#265589 - 20/09/2005 21:07
Re: One music retailer's reaction to MP3s
[Re: wfaulk]
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carpal tunnel
Registered: 05/01/2001
Posts: 4903
Loc: Detroit, MI USA
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My guess is that... nevermind, I can't type that with a straight face....
So, as a theory, let's assume that even IF the RIAA wasn't threatened by the concept and saw that it was good business sense. They'd still be obligated to uphold laws that protect themselves. As far as I know, it's against the law to do what this record store is promoting. And if the RIAA allows it to happen, they may have trouble upholding other parts of the law if someone ever made a claim that violating one part of the law may be a good business move for the RIAA.
In a similar case (ripe with differences), when I worked for Rollerblad back in 91-94, we faught against anyone referring to inline skating as "rollerblading". We didn't want to fall the way of Q-Tip and Kleenex and lose our TradeMark. So, whenever we were being interviewed, we had to correct anyone who referred to inline skating as "rollerblading". Once we started letting them do it, we could lose our trademark.
I'm tossing this out there as a "what if" more than anything else.
The industry could have made a killing on Napster (just like they did on CDs after they were initially against it) but instead got the world into the habit of downloading music for free. I would have paid $20 a month for Napster back in 2000. Now the idea seems like a waste of cash to me.
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Brad B.
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#265590 - 20/09/2005 22:19
Re: One music retailer's reaction to MP3s
[Re: SE_Sport_Driver]
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carpal tunnel
Registered: 25/12/2000
Posts: 16706
Loc: Raleigh, NC US
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Quote:
They'd still be obligated to uphold laws that protect themselves. As far as I know, it's against the law to do what this record store is promoting.
First, retaining a copyright is not the same as defending from illegal use. For example, people are not required to press charges against people who hit them, even though battery is still illegal. And just because they didn't one time doesn't mean they wouldn't be able to the next time.
Second, I seriously doubt that it's illegal to do what the record store is doing. Record stores have sold used CDs forever, and, even before MP3, people were copying them before reselling. Also, all sorts of stores have open-box products available for sale all the time.
I understand where you're coming from, but if everyone involved is getting what they want and making more money, where's the harm?
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Bitt Faulk
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#265591 - 20/09/2005 22:57
Re: One music retailer's reaction to MP3s
[Re: wfaulk]
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carpal tunnel
Registered: 05/01/2001
Posts: 4903
Loc: Detroit, MI USA
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Actually, aren't most RIAA cases done in civil court? If so, it seems that they might be afraid of this because it might be hard to prove damages... And there is a distinction between selling used CDs (which I hate the RIAA for fighting their sale) and promoting your customers to rip a copy before returning. I don't think the store is breaking the law anymore than a Ford dealer would be breaking the law if it told people to buy a Mustang and take it to 100mph. But isn't copying a CD for the purpose of selling the original against the law? I'm not too well read up on this, but I thought we could only make copies as backups (and one copy as a gift?) or something.
Either way, I was just trying to make conversation. I'm not a big supporter of the RIAA.
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Brad B.
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#265592 - 21/09/2005 07:07
Re: One music retailer's reaction to MP3s
[Re: SE_Sport_Driver]
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addict
Registered: 23/12/2002
Posts: 652
Loc: Winston Salem, NC
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Quote:
We didn't want to fall the way of Q-Tip and Kleenex and lose our TradeMark.
Don't forget Band-Aid or Kool-Aid, who both have managed to hang on despite misuses of their TradeMarks.
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#265593 - 21/09/2005 12:06
Re: One music retailer's reaction to MP3s
[Re: SE_Sport_Driver]
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carpal tunnel
Registered: 25/12/2000
Posts: 16706
Loc: Raleigh, NC US
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Quote:
But isn't copying a CD for the purpose of selling the original against the law?
Possibly. Probably.
But the law was created at the behest of the RIAA, essentially, but it apparently reduces their profits. So isn't the law kinda stupid? It's hurting the only group it's supposed to protect.
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Bitt Faulk
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#265594 - 21/09/2005 16:04
Re: One music retailer's reaction to MP3s
[Re: wfaulk]
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addict
Registered: 23/09/2000
Posts: 498
Loc: Virginia, USA
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Quote:
But the law was created at the behest of the RIAA, essentially, but it apparently reduces their profits. So isn't the law kinda stupid? It's hurting the only group it's supposed to protect.
Wait a minute. Are you suggesting that the RIAA makes stupid and self destructive decisions?
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#265595 - 21/09/2005 21:47
Re: One music retailer's reaction to MP3s
[Re: wfaulk]
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pooh-bah
Registered: 19/09/2002
Posts: 2494
Loc: East Coast, USA
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Quote:
It's hurting the only group it's supposed to protect.
...while lining the pockets of the supposed protectors.
Maybe Satellite Radio will help give a voice and an audience to non-RIAA labels and artists. With so many less restricted, non-commercial-dependant stations, hopefully listeners will leave the droning repetition of trerestrial radio in droves for the freedom of satellite. If only we could take down MTV.......
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#265596 - 22/09/2005 00:16
Re: One music retailer's reaction to MP3s
[Re: FireFox31]
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carpal tunnel
Registered: 23/09/2000
Posts: 3608
Loc: Minnetonka, MN
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Yeah like MTV plays music anyway I would rather get rid of clear channel.
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