suppression of technology in the music industry

Upload: keith-tivon-gregory

Post on 30-May-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/14/2019 Suppression of Technology in The Music Industry.

    1/24

    Technology In The Music Industry

    RUNNING HEAD: Technology In The Music Industry

    The Suppression Of Technology In The Music Industry

    Keith Tivon Gregory

    English 1A (0019)Spring 06

    Merritt CollegeProfessor C. Foster

    May, 2006

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    2/24

    Technology In The Music Industry

    The Suppression Of Technology In The Music Industry

    In order to maintain a profitable position in the recording industry many major

    recording labels have organized and exercised their power in the democratic system to

    curtail the rapid swing of digital music technology. This research paper will explore the

    trends of technology and the music industry in which they effect. Over the past decade

    technological advances have extremely curbed the music industry and the way it

    operates. With the use of the internet becoming more widespread over the past several

    years, in many ways the record company organizations have found themselves becoming

    more dispensable with the swing of technology.

    Key Ideas: Innovation, Technology Aspects, Music Sales, Music Trends, Musicmediums, Recording Organizations, RIAA, Internet, Pre and Post Napster Era, CopyrightLegislation, Digital Piracy, Peer 2 Peer

    2

  • 8/14/2019 Suppression of Technology in The Music Industry.

    3/24

    Technology In The Music Industry

    Abstract

    This paper will explorer several questions raised by the conflict of interest in the

    recording industry and the use of digital music technology which went mainstream in the

    late 1990s. A brief history of digital and MP3 technology are surveyed along with

    statistics of computer and internet usage throughout the United States. Organizations such

    as International Intellectual Property Alliance (IIPA) and Recording Industry Association

    of America (RIAA) and their roles in the digital music era are covered, along the several

    forms of legislation introduced by these organizations. Music trends of the new

    millennium and real brief overview statistical sales of the RIAA are also included. A

    Summery of four different forms of legislation are also included; The Audio Home

    Recording Act (AHRA), Digital Millennium Copyright Act (DMCA), Music Online

    Competition Act (MOCA), and Consumer Broadband and Digital Television Promotion

    Act (CBDTPA). The effects of the internet will also be placed into evaluation and what

    type of effect does it have on society as a whole.

    3

  • 8/14/2019 Suppression of Technology in The Music Industry.

    4/24

    Technology In The Music Industry

    Digital Technology

    Over the past decade music artist and consumers have found themselves

    submerged in the wake of the digital technology age. Many artist have crossed over with

    the times, no longer using analog recording technologies of past decades. With the basic

    timeline of the recording industry being known as; vinyl, magnetic tape (8 track &

    cassette tape), compact disc, and now digital media (MP3 being the most common) we

    have reached an era where the physical presence of a medium for music is not absolutely

    necessary. With the passage of time, the access to newer technology is filtering its way

    down the social economic ladder; it has allowed artists to embrace newer forms of digital

    media. With many record companies and artist all finding it economically sound to use

    innovation and technology to record and store their products, such innovation has also

    found its way to much more common places in our society and into the homes of many

    consumers.

    According to a study by the Scarborough Research Company Personal/Home

    computer Ownership per home/family in the United States was at 145,711,200 / 67.2%;

    this means that a majority of families and individuals had access to digital technology, in

    the same study it was found that 130,071,600 / 60.0% had internet access (Washington

    Market Delineations 2004).

    MP3 Technology

    The history of the MP3 is a very important facet when analyzing the trends of

    digital music technology. The MP3 format has come into dominance when speaking of

    digital music and is synonymous with music piracy. According to About.com (2004) The

    Fraunhofer Institute in Germany began research on Digital Audio Broadcasting (DAB) in

    4

  • 8/14/2019 Suppression of Technology in The Music Industry.

    5/24

    Technology In The Music Industry

    1987. The very first patent for the MP3 format was issued in April of 1989 to the

    Fraunhofer Institute. MP3 stands for MPEG Audio Layer III and it is a standard for audio

    compression that makes any music file smaller with little or no loss of sound quality.

    MP3 is part of MPEG, an acronym for Motion Pictures Expert Group, a family of

    standards for displaying video and audio using lossy compression. Standards set by the

    Industry Standards Organization or ISO, beginning in 1992 with the MPEG-1 standard.

    MPEG-1 is a video compression standard with low bandwidth. The high bandwidth audio

    and video compression standard of MPEG-2 followed and was good enough to use with

    DVD technology. MPEG Layer III or MP3 involves only audio compression. (The

    History of MP3 2004).

    MP3 technology has become amazingly widespread in recent times by virtually

    all companies who produce home and car stereo systems. As reported by About.com

    (2004) Fraunhofer Gesellschaft says: "Without Data reduction, digital audio signals

    typically consist of 16 bit samples recorded at a sampling rate more than twice the actual

    audio bandwidth (e.g. 44.1 kHz for Compact Discs). So you end up with more than 1.400

    Mbit to represent just one second of stereo music in CD quality. By using MPEG audio

    coding, you may shrink down the original sound data from a CD by a factor of 12,

    without losing sound quality." (The History of MP3 2004). Tools developed for the

    playback of MP3 begin soon after Fraunhofer received its patent. In the early 1990s,

    Frauenhofer developed the first, however, unsuccessful MP3 player. In 1997, developer

    Tomislav Uzelac of Advanced Multimedia Products invented the AMP MP3 Playback

    Engine, the first successful MP3 player. Two university students, Justin Frankel and

    Dmitry Boldyrev ported AMP to Windows and created Winamp. In 1998, Winamp

    5

  • 8/14/2019 Suppression of Technology in The Music Industry.

    6/24

    Technology In The Music Industry

    became a free MP3 music player boosting the success of MP3. No licensing fees are

    required to use an MP3 player (The History of MP3 2004). A record company known

    as SubPop was one of the first of its kind; in February 1999 they officially distributed

    tracks from artist in MP3 format. In 1999 portable MP3 players begin to hit the market,

    the first official MP3 player to receive any praise was the Diamond Rio. By many the

    Diamond Rio was considered to be the future of personal audio. The tiny Diamond Rio

    player plays MP3-encoded digital music, the open Internet standard that shook up the

    music industry we have come to know today. It stores music files in 32 MB of RAM

    instead of on CD or tape. The true innovation in the Diamond Rio was that it had no

    moving parts and it could not skip.

    After MP3 hit the main stream of the internet other programmers jumped in to

    create a vast array of toolsets for the MP3 format. New encoders and players were

    sprouting up every week, and MP3 usage was growing strong. Search engines made it

    easy to find the specific MP3 files people wanted and portable players like the Diamond

    Rio allowed for the convenient usage of MP3. Another advantage of MP3 format is that

    there is no security features associated with the files. The files are small enough to be

    downloaded easily, or even attached to an email and sent to a friend. It is all this

    downloading and swapping of music that has attracted the attention of the Recording

    Industry Association of America (RIAA), which represents the major labels and the

    owners of millions of sound recordings (Behind the Music 2000). Many of these labels

    view MP3 as a huge piracy threat, and the RIAA has tried to shut down several MP3-

    related businesses. Until the ruling against Napster, the RIAA had very little success.

    Organizations

    6

  • 8/14/2019 Suppression of Technology in The Music Industry.

    7/24

    Technology In The Music Industry

    Well known organizations with the interest of maintained copyright laws and

    intellectual property laws have found themselves aggressively fighting the battles of the

    digital pirating age. For this study we will simply focus on the 2 major world wide

    professional organizations, The International Intellectual Property Alliance (IIPA) and

    RIAA. These too organizations spearhead the fight against digital piracy and have

    become very influential in the democratic system leveraging economic assets and power.

    The IIPA is a private sector coalition formed in 1984 to represent the U.S.

    copyright-based industries in bilateral and multilateral efforts to improve international

    protection of copyrighted materials. IIPA is comprised of seven trade associations, each

    representing a significant segment of the U.S. copyright community. These member

    associations represent 1,900 U.S. companies producing and distributing materials

    protected by copyright laws throughout the world all types of computer software

    including business applications software and entertainment software (such as videogame

    CDs and cartridges, personal computer CD-ROMs and multimedia products); theatrical

    films, television programs, home videos and digital representations of audiovisual works;

    music, records, CDs, and audiocassettes; and textbooks, trade books, reference and

    professional publications and journals (About the IIPA 2005).

    The Recording Industry Association of America (RIAA) is a trade group that

    represents the U.S. recording industry. Its mission is to foster a business and legal climate

    that supports and promotes their members creative and financial vitality. RIAA members

    are record companies that comprise the most active national music industry. RIAA

    members create, manufacture and/or distribute approximately 90% of all legitimate sound

    recordings produced and sold in the United States. The RIAA works to protect

    7

  • 8/14/2019 Suppression of Technology in The Music Industry.

    8/24

    Technology In The Music Industry

    intellectual property rights worldwide and the First Amendment rights of artists; conduct

    consumer industry and technical research; and monitor and review state and federal laws,

    regulations and policies. The RIAA also certifies Gold, Platinum, Multi-Platinum, and

    Diamond sales awards. (About the RIAA 2003)

    Economy

    Throughout the digital era the main concern for many has been the economic

    impact of digital piracy. Many conflicting interest come about when economic issues are

    at hand. In Justin Moores analysis of market trends RIAA Vs the Economy Hillary

    Rosen, the RIAA lobbyist is frequently quoted talking about the billions of dollars each

    year the industry is losing in the wake of digital piracy. At the same time the RIAA was

    reporting record loses in their industry, the entire U.S. economy was falling short of

    predicted economic goals. In order to obtain a high-level view of trends in sales figures

    for the economy at large, sales data from RIAA members was taken and compared

    against those of thirty other members of the Dow Jones Industrial Average (DJIA). The

    thirty companies used in comparison include banks, manufacturers, technology

    companies, medical research companies, and production companies. The majority of the

    figures here will study on the differences in sales and other statistics between 2000 and

    2002. 2000 is the year that RIAA sales peaked, and coincidentally it's also the year that

    the dot-com bubble hit its peak. For both the RIAA most of and the rest of the economy

    it's been a steady downhill march to the sales figures of 2002. (Analysis: RIAA vs. the

    Economy 2002)

    This section will present the raw sales data for the thirty DJIA members and the

    two categories of RIAA sales, both in tabular and graphical form:

    8

  • 8/14/2019 Suppression of Technology in The Music Industry.

    9/24

    Technology In The Music Industry

    Raw Sales Figures, 1999-2002 (in millions)

    9

  • 8/14/2019 Suppression of Technology in The Music Industry.

    10/24

    Technology In The Music Industry

    There are two measurements for the RIAA data. The first simply labeled riaa

    are the net sales for RIAA-member media, including CDs, CD singles, cassettes, vinyl,

    and music videos. The second labeled riaa-cd is the sales for CD albums only. There

    are two reasons for this split. The first is that CDs comprise over ninety-five percent of

    total RIAA-member sales. The second is that Hillary Rosen and other RIAA

    spokespeople have insisted that the loss in sales is in the CD market, that they're losing

    sales of $15 - $20 albums to digital pirates. (As cited in Analysis: RIAA vs. the

    Economy 2002) An article in the Time Magazine titled Downloader Dragnet by Chris

    Taylor August 4, 2003 has the testimony of Hank Barry Chief Executive Officer of

    Napster Inc. quoting an RIAA survey the 1999 sales of music was actually up 11% and

    not down, which makes one question the true sales figures presented by the RIAA.

    What can be told from the raw sales data? The first is that the RIAA comprises a

    very small percentage of the overall economy. The DJIA company with the largest sales

    is Wal-Mart which in sales of 2002 totaled approximately twenty times that of all RIAA-

    member sales. The next is that the RIAA net sales have indeed dropped by one-and-three-

    quarter billion dollars per year since its peak in 2000, with slightly over two-thirds of that

    (68.5 percent) being a decline in CD sales.

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    11/24

    Technology In The Music Industry

    This observation brings up two questions:

    With claimed losses of four billion dollars annually, but only an observed change

    of less than two billion dollars since 2000, was the RIAA already suffering two-

    and-a-quarter billion dollars of losses per year to digital piracy in 2000?

    While CD sales accounted for over 95.5 percent of RIAA sales in 2002, they only

    account for 68.5 percent of the decline in sales. The other 31.5 percent decline in

    sales -- comprising $539 million -- comes from the other 4.5 percent of sales --

    originally $1.1 billion in 2000. Where are these losses coming from?

    Justin Moore would venture that the answers to those questions are:

    We don't really know. Of course the RIAA will gladly make that claim, blaming

    those losses on Napster and other P2P tools. But is that actually the case? Justin

    Moore says "no", given that the sales figures for the RIAA exhibited a steady

    climb over the 1990's, peaking at 2000. For there to be another two billion dollars

    of lost sales on top of their record-breaking year is unlikely.

    The answer to this one is much easier. Let's prune out CD sales from the RIAA

    data and look at those trends from 1990 - 2000. This includes cassettes, vinyl

    records, music videos, and DVD sales. Each line will be plotted separately, and

    the sum total. (Analysis: RIAA vs. the Economy 2002)

    11

  • 8/14/2019 Suppression of Technology in The Music Industry.

    12/24

    Technology In The Music Industry

    Non-CD Sales, 1990 - 2000

    What can clearly be seen in the table above is that sales of non-CD items DVDs

    excluded have either barely held steady or have plunged dramatically since 1990. Net

    sales from these items plunged from nearly four billion dollars in 1990 to slightly over

    one-and-three-quarters billion dollars in 1998, the year that Napster went online. That's

    an average of $250 million per year in declining sales before P2P even got off the ground.

    Thus, the losses of $530 million in non-CD sales over two years (2000 to 2002) should

    come as no surprise. (Analysis: RIAA vs. the Economy 2002)

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    13/24

    Technology In The Music Industry

    Expected Net Sales & Error (1999-2002)

    Business

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    14/24

    Technology In The Music Industry

    Immediately one can see a bit of a problem. The estimates are consistently off,

    oftentimes by large amounts; the 2002 sales estimates for Wal-Mart alone are off by

    almost forty billion dollars, more than the sales of the three smallest companies

    combined. You can assume that the largest companies are skewering the results, simply

    given the scale of their sales. Wal-Mart is large enough that a small blip in their sales,

    even less than one percent is more than a two-and-a-half billion dollar shift in the

    statistics. This is natural given the scale of their distribution chain. (Analysis: RIAA vs.

    the Economy 2002) The RIAA would not be considered a large company that could

    possibly benefit from skewering their predicted sales date, so why are they consistently

    off year by year? The answer can not clearly be known, but it is these predicted sales

    figures and actual sales that the RIAA used to build their case against digital piracy. It can

    be assumed that the RIAA actually begin to lose control of their market, and thought their

    product was in higher demand then the public truly wanted. Many would also go out on a

    limb and say that the public begin to switch medium interest, and the RIAA simply was

    not in a position to provide what was in growing demand.

    Music Trends

    In 1999 the first portable MP3 player was released, and Napster went online. The

    trend of the digital age was clearly a growing interest in digital music. Individuals wanted

    their music in digital formats that at the turn of the century the RIAA simply did not

    provide. Many say the benefit of digital music could be ease of use, storage capacity, and

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    15/24

    Technology In The Music Industry

    portability. Other factors also may have had a huge influence when Napster went online.

    Fact still remains today that 85% of all music is released by 5 major labels Sony, EMI,

    UMG, Time Warner, and BMG but at any given point in time approximately 20% of all

    music ever recorded is available legally. The rest is locked away by labels and it is highly

    possible that labels are depriving creators of potential sources of income. (Downloader

    Dragnet 2003)

    The MP3 movement is one of the most amazing phenomena that the music

    industry has ever seen. Unlike other movements take for example the introduction of the

    cassette tape or the compact disc, The MP3 movement started not with the industry itself,

    but with a huge audience of music lovers on the internet. The MP3 format for digital

    music has had and will continue to have a huge impact on how people collect, listen to

    and distribute music. Not only did this form of digital technology take the world by

    surprise, but it definitely took the music industry by surprise. In an article by Tony Smith

    titled Half a billion downloads by June? published April 14, 2005 in the British

    Magazine The Register, iTunes music store has sold more than 350 million songs

    worldwide since it opened its doors to US consumers in April 2003. The market for

    digital music downloads via the Internet and mobile phones nearly tripled in 2005, the

    value of digital music downloads rose to $1.1 billion in 2005, up from $380 million in

    2004. The growth of the digital market looks exponential. In a statement by Apple the

    company has sold more than 5.3 million iPods during first quarter of 2005 and takes its

    potential customer base to 15.33 million, based on the quarterly figures Apple has

    published (Half a billion downloads by June? 2005). The digital market has grown

    tremendously since its introduction in the 1990s, and it finally seems that the recording

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    16/24

    Technology In The Music Industry

    industry has found a way to capitalize and profit off the digital market. In order to

    establish its place in the digital market place several forms of legislation was introduced

    by the RIAA and IIPA. It is thought by many that these forms of legislation are what may

    have hampered possible technological innovations that brought about such ideas as

    Napster and other Peer to Peer networking schemes, and possibly the digital music area

    as a whole.

    Legislation

    Legislative power has been a huge benchmark in the digital era. Different

    forms of legislation have been introduced to the public with the interest of the music

    industry, this section will focus on and summarize only the five most important and

    cornerstone acts of congress which affect the digital age. First being the Audio Home

    Recording Act (AHRA) of 1992. According to a summary of digital copyright laws by

    The Digital Rights Management (DRM) Watch, The AHRA was an amendment to the

    U.S. federal Copyright Act of 1976. According to the AHRA, the manufacturers and

    importers of digital audio recording devices and media must pay a royalty tax to the

    copyright holders of music that is presumably being copied in order to compensate them

    for lost royalties due to consumers copying audio recordings at home. The payments are

    made to the U.S. Copyright office, which then distributes the royalties accordingly.

    Digital audio recording devices also must include a system that prohibits serial copying.

    The most common system in use is the Serial Copy Management System (SCMS), which

    permits first-generation digital-to-digital copies of prerecorded music but prohibits serial

    copies of those copies. In exchange, the copyright holders waive the right to claim

    copyright infringement against consumers using audio recording devices in their homes

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    17/24

    Technology In The Music Industry

    for noncommercial use. The royalty requirements do not apply to computers as they are

    not considered digital audio recording devices. (Webopedia 2003)

    Another form of legislation is the Digital Millennium Copyright Act (DMCA), an

    act of Congress that was signed into law on October 28th, 1998, by President Clinton.

    DMCA's purpose is to update U.S. copyright laws for the digital age. Briefly, the DMCA

    stipulates the following conditions; it is a crime to circumvent anti-piracy measures that

    are built into commercial software. It is a crime to manufacture, sell or distribute code-

    cracking devices that illegally copy software. However, it is not a crime to crack

    copyright protection devices in order to conduct encryption research, assess product

    interoperability or test the security of computer systems. Under certain circumstances,

    nonprofit libraries, archives and education institutions are exempt from the anti-

    circumvention provisions. The copyright infringement liability of internet service

    providers that simply transmit information over the Internet is limited. However, ISPs

    must remove material from users' Web sites that appears to constitute copyright

    infringement. The liability for copyright infringement by faculty members and graduate

    students of nonprofit institutions of higher education is limited when the institutions serve

    as ISPs and under certain circumstances. Web casters must pay licensing fees to record

    companies. The Register of Copyrights must submit to Congress recommendations

    regarding how to promote distance education through digital technologies while

    "maintaining an appropriate balance between the rights of copyright owners and the

    needs of users." (Webopedia 2003)

    According to a summarized article by Patrick Gorman MP3.com CEO Michael

    Robertson was forced to pay over $150 million dollars in damages to record labels and

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    18/24

    Technology In The Music Industry

    music publishers for multiple copyright infringements he went to Congress for help. The

    result was a form of legislation introduced by congressmen Rick Boucher (D) of Virginia

    and Chris Cannon (R) of Utah called the Music Online Competition Act (MOCA) and

    was passed in 1998. MOCA has been greatly opposed by the RIAA. MOCA was

    introduced in hopes to develop healthy competition between online music businesses and

    remove legal obstacles that are prohibiting the growth of internet music services (One

    step forward or one step back? 2002). MOCA amends statutory license payments to

    artists and creates an assurance of nondiscriminatory licensing allowing smaller Internet

    companies to license songs under the same terms and conditions as the largest media

    conglomerates. It was anticipated by the creators of MOCA that joint ventures formed

    between large record companies and Internet services, like CDNow.com and

    EMusic.com, would possibly result in discriminatory licensing policies in which

    conglomerates could refuse to grant licenses to unaffiliated Internet music businesses. If

    the distribution services owned by the Big Five(Warner Music Group, Bertelsmann AG,

    EMI Group PLC, Sony Music Entertainment and Vivendi-Universal) also decide to cross

    license with each other, then the Internet companies affiliated with the Big Five would

    distribute approximately 80 percent of all recorded music over the Internet. Through the

    creation of nondiscriminatory licensing policies, MOCA directly prevents the large music

    companies from licensing songs to each other at favorable rates and then charging higher

    fees to other companies. Provisions of MOCA specify that royalty payments generated

    through online distribution of musical recordings are shared equally by performing artists

    and recording companies. MOCA expanded the In-Store Sampling exemption for retail

    establishments. This change allows online retail establishments, like Amazon.com and

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    19/24

    Technology In The Music Industry

    CDNow.com, to offer music samples to promote record sales, just like traditional retailers

    are allowed to do. MOCA adapts existing law to allow consumers to make archival

    back-up copies of music that they lawfully acquired over the Internet without risking

    copyright infringement, so as to protect their collections against hard drive crashes,

    accidental damage, or viruses. The bill instructs the Copyright Office to study and report

    to Congress on the impact of restrictions placed on digital music service providers which

    do not allow them to play more than 3 selections from a particular CD or more than 4

    selections from a particular artist within a 3-hour period. Finally, MOCA allows online

    music services to notify the Copyright Office of the use of the statutory license and to

    deposit royalty funds with the Copyright Office to enable songwriters to obtain the

    payments to which they are entitled. MOCA instructs the Copyright Office to: develop

    and implement an electronic filing system to receive such notices as a replacement for the

    current paper filing system; to consider limited downloads separately from permanent

    downloads, when setting royalty rates; and to examine the economic value of a limited

    download as compared with a permanent arrangement (One step forward or one step

    back? 2002).

    In order to show some of the extreme measures the recording industry has taken

    one must discuss the Consumer Broadband and Digital Television Promotion Act

    (CBDTPA). Although the billed was killed in 2002 the excessiveness of the CBDTPA

    shows a glimpse into the true mindset of lobbyist in support of the RIAA. The CBDTPA

    as described by Wikipedia.com(2005) was a proposed US bill which would have

    prohibited any kind of technology which can be used to read digital content without

    DRM, which prohibits copying any content under copyright without permission of the

    1

  • 8/14/2019 Suppression of Technology in The Music Industry.

    20/24

    Technology In The Music Industry

    copyright owner. The bill was known in early drafts as the "Security Systems and

    Standards Certification Act" (or SSSCA), and sometimes sarcastically called the

    "Consume but Dont Try Programming Anything" bill. The CBDTPA was proposed by

    South Carolina Senator Fritz Hollings. Senator Patrick Leahy, Chairman of the Senate

    Judiciary Committee, had stated that he could not support the proposed legislation and as

    chairman block consideration of the controversial bill in his committee which essentially

    killed the bill in 2002. Proposed penalties for violating the CBDTPA ranged from five to

    twenty years in prison and fines between $50,000 and $1 million. Other U.S. senators

    named as sponsors of the controversial CBDTPA bill included; John Breaux (D-LA),

    Dianne Feinstein (D-CA), Daniel Inouye (D-HI), Bill Nelson (D-FL), Ted Stevens (R-

    AK) (Consumer broadband and digital television promotion act 2005).

    The CBDTPA would inevitably prevent the entire process of innovation. It was

    recognized as the most far-reaching regulation of the information technology sector in

    history. The proposed bill would have given content companies the ability to veto devices

    such as the VCR and the walkman. Requiring any digital media device to incorporate

    government mandated copy-protection technology to work, this copy-protection

    technology would have to know the legal and illegal uses of any given consumer

    media. After determining the legality of the medium it would then have to allow the use

    of legal ones and prevent the use of illegal ones. That would require content companies to

    anticipate ahead of time all possible legitimate uses of the device and its mediums. It

    would have given them effective veto control over all unanticipated uses. Innovation can

    be defined as discovering and imagining unanticipated uses of technology. This process

    would directly conflict with the approach of the CBDTPA. Imagine if the CBDTPA had

    2

  • 8/14/2019 Suppression of Technology in The Music Industry.

    21/24

    Technology In The Music Industry

    been in place soon after the invention of the television, the creators of the television never

    imagined the invention of the VCR. Any definition of a legal use would not have

    included the ability to record a program and watch it later. Therefore, that use would have

    been deemed illegal by the CBDTPA. Any attempt to invent a device like the VCR would

    have been forbidden because the creators of the law would have not anticipated it. No one

    can predict the future of technology. Implementing a law that tries to make such

    predictions is dangerous to society as a whole (Take a stand against the recording

    industry alliance of America 2006).

    The Internet

    The dynamic force behind all these objects has been the internet. In everyway the

    internet has been involved in our economy, lifestyles, music, and legislation. The whole

    time the internet has been changing its complete dynamics. From the introduction of

    Napster the concern of digital piracy has grown to an unanticipated pinnacle, the

    renaissance of peer to peer networks has shown the recording industry how to capitalize

    on the digital market with such programs and companies like Apples iTunes. Today with

    the intensifying use of online communities like Myspace.com the record industry will

    once again run into an unanticipated partition and be forced to find its place in the fast

    paced changing times the digital age has brought about in our society. It is a growing

    concern for many after seeing how the mammoth recording industry reacted to the first

    hurdle in the digital age, how they will react to future innovations that will possibly make

    them even more dispensable in the future distribution channels the world has yet to see.

    Conclusion

    2

  • 8/14/2019 Suppression of Technology in The Music Industry.

    22/24

    Technology In The Music Industry

    After piecing together all aspects in which a common person such as myself may

    find important. I have come to the personal conclusion that without the steps the

    recording industry has taken to maintain their dominant position in the music business

    one could only imagine the different and convenient ways society as a whole could be

    listening to music. The recording industry just simply does not offer all the possible

    music it could that has clearly been in demand, and is just now reaching a point in the

    year 2005 where they are offering legitimate resources to obtain music using technology

    that has been available since the mid to late 1990s. This in my eyes is a definite

    suppression of technology. Due to the lack of positional stability of the recording industry

    to deal with digital music era, it took political steps in order to make using such

    technological breakthroughs illegal to the common member of society. Not only were

    political steps taken, but propaganda schemes and public statements in the mass media

    were used as virtual scare tactics in order to sway users to use services that were

    established by such organizations as the RIAA. These types of practices being used by

    our some of our worlds largest companies should always be explored in depth and the

    information should be shared with as many people as possible in order to maintain an

    informed populists. Without the endowment of information common people would be

    extremely hard pressed to know what the true issues are in any facilitation of politics or

    industry.

    2

  • 8/14/2019 Suppression of Technology in The Music Industry.

    23/24

    Technology In The Music Industry

    I) Technology In the music industry

    a. Digital Technologyb. MP3 Technology

    II) Organizationsa. International Intellectual Property Alliance (IIPA)b. Recording Industry Association of America (RIAA)

    III) Economya. Music Salesb. Music Trends

    IV) Legislationa. Audio Home Recording Act AHRAb. Digital Millennium Copyright Act DMCA

    c. Music Online Competition Act MOCAd. Consumer Broadband and Digital Television Promotion Act CBDTPA

    V) Interneta. Napster b. Piracyc. Peer 2 Peerd. iTunese. Myspace

    2

  • 8/14/2019 Suppression of Technology in The Music Industry.

    24/24

    Technology In The Music Industry

    References

    About.com (2004) The history of mp3 Retrieved May 7, 2006, fromhttp://inventors.about.com/od/mstartinventions/a/mpthree.htm

    Boycott-RIAA.com (2006) Take a stand against the recording industry alliance ofamerica Retrieved April 15, 2006, from http://www.boycott-riaa.com

    Digital Rights Management Watch (2003, October 27) Webopedia Retrieved May 14,2006, from http://www.drmwatch.com

    Gorman, P. (2002) One step forward or one step back? Retrieved May 16, 2006, fromhttp://www.piercegorman.com/

    International Intellectual Property Alliance (November 2005)About the iipa RetrievedMay 7, 2006, from http://www.iipa.com

    Jones, C. (2000, July 27) Behind the Music: The History of MP3. Wired News Magazine

    Moore, J. (2002)Analysis: riaa vs. the economy. Retrieved April 10, 2006, fromhttp://www.boycott-riaa.com/education/analysis

    Recording Industry Alliance of America (2003)About the riaa Retrieved May 5, 2006,from http://www.riaa.com

    Taylor, C. (2003, August 4) Downloader dragnet, Time Magazine

    Scarborough Research Company (2004) Washington market delineations Retrieved April29, 2006, from http://advertising.washpost.com/the_market

    Smith, T. (2005, April 14) Half a billion downloads by june, The Register Magazine

    Wikipedia.org (2005, November 27) Consumer broadband and digital televisionpromotion actRetrieved May 15, 2006, from http://www.wikipedia.org

    2