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THE CASE AGAINST
DIGITAL RIGHTS MANAGEMENT (DRM)

Anyone who knows me personally knows that I am STRONGLY against music theft (also known as peer-to-peer music file sharing). However, I am just as strongly opposed to digital rights managment (aka DRM) by the record companies. When I purchase a song thru iTunes, I immediately burn it to CD, then rip it back to the hard drive, adjust the gain...and only THEN am I ready to add it permanently to my music library (stored in iTunes). In other words, I refuse to allow DRM to be a part of my music collection.

The music labels still have their head in the clouds. They still believe that they are protecting their interest (and, purportedly, those of the artists) with DRM, when all they are REALLY doing is making people hot under the collar.

No matter what the labels have fooled themselves into thinking, DRM will always be defeatable somehow. All their wasted time, MONEY and energy that goes into this failed strategy COULD be going to better product instead...better artist development, better songwriting, less political management of the whole process (much of the reason that songs suck is because gifted songwriters are constantly overlooked because songs are picked because of patronge, or as trade for perks of various kinds to industry execs, not because of the quality of the material). The plain fact is this: the labels are no longer the be-all and end-all of the music business. They are just one cog in the machine. And they should start to act like it.
But...could there be a sign of hope? Recently, Hollywood Records (a subsidiary of Disney) released Jesse McCartney's new album as MP3s (unrestricted by DRM).
"We're trying to be realistic," said Ken Bunt, senior VP of marketing at Hollywood Records. "Jesse's single is already online and we haven't put it out. Piracy happens regardless of what we do. So we're going to see how Jesse's album goes (as an MP3) and then decide on others going forward." [read more here]
And not long before that, Sony released a new Jessica Simpson single via Yahoo! Music in a customizable format (your name inserted here), but the end product was an MP3 (again, unrestricted by DRM). Yahoo! said of this move:
As you know, we’ve been publicly trying to convince record labels that they should be selling MP3s for a while now. Our position is simple: DRM doesn’t add any value for the artist, label (who are selling DRM-free music every day — the Compact Disc), or consumer, the only people it adds value to are the technology companies who are interested in locking consumers to a particular technology platform. [read more here]
These are encouraging signs. But there's still a long way to go.

A POSSIBLE COMPROMISE

I would like to propose a bit of a compromise on this topic. I think 79-99 cents is a very reasonable price to pay for a song. However, because of the additional time I have to invest to keep my library free of DRM, I would be happy to pay a little more for DRM-free downloads in the first place. There has been a lot of talk by the labels of raising prices per song download. To my way of thinking, $3 per track is obscene, and will effectively kill off FOREVER the concept of "albums" by an artist. No one is going to pay upward of THIRTY BUCKS for an album...even discounted by 50% for the entire album, it's more than anyone will pay except for a handful of favorite artists.

However, I would GLADLY pay $1.25-1.50 per track for downloads that:

  • are in native MP3 format (unrestricted by DRM)
  • are at a higher bit rate (192 kbps or better...that's a noticeable bump in quality from the standard 128)

My feeling is that the labels are missing an opportunity here. They should consider a reasonable bump in prices in exchange for giving music consumers what they really want: quality and flexibility. I still would not be as prone to buy albums as individual tracks...but I don't usually do that now anyway.

Here's hoping that SOMEONE at the labels is listening...now is the time for this kind of change.
- Chuck Brown
9.21.06