This thought seems to enter mainstream thinking now ;)
eMarketer.com - Is DRM Doomed?.
This thought seems to enter mainstream thinking now ;)
eMarketer.com - Is DRM Doomed?.
I have been pontificating about this for the past 2 years, and I have predicted that DRM for music will not live past 2007. My podcast on this is here. NOW, today, it seems that EMI will announce, together with Steve Jobs, the dropping of DRM just for itunes. Check it out and ... keep your fingers crossed. Maybe this IS finally happening? Link to the 1 pm UK GMT webcast below
by Gerd Leonhard Music & Media Futurist, Author
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.
DRM - a question of believe systems?
After countless conversations and debates over the past 8 years, I have come to think that the DRM issue is largely a question of which reality one believes to be true - and we must address the solution as such, too. No research, no statistics, no hard facts, and no futurists will tell us conclusively whether the record companies should or should not use DRM when selling digital music. To make this decision will not be science but an art!
Do you believe that the sharing of music - and therefore its consumption, in general - needs to be controlled, that a certain amount of friction is required to extract any meaningful payments for music in a digital environment, that the average consumer will always try to avoid paying anything, if given any opportunity to do so, that it is impossible to sell something that is, to a large degree, also obtainable for free, and that the monetary value of music really is in ‘the copy’ of a song? Then you would indeed need to be a strong advocate of technical protection measures and digital rights management software – in your mind the control of those 0s & 1s would be a definitive prerequisite for any monetization. No control equals no income; a ‘free for all’ is the result of having too little control.
Or do you believe that a consumer will always pay for something that is easy, enjoyable and trouble-free to acquire and that has demonstrated, tangible and trusted value, that it’s not just the copy of a file or a piece of plastic that represents the real and inherent value of music, that friction can not be successfully re-inserted into our increasingly frictionless commerce environments, that our business problems cannot be solved with technological measures? Then you would be against DRM or TPMs, unless they could be 100% device-compatible, unobtrusive and behind-the-scenes, and indeed offer actual benefits to the end user - this certainly looks an exceedingly tall order that is, imho, beyond reach as far as digital music commerce is concerned.
Do you believe that music can be sold ‘like water’ i.e. as a ubiquitous asset that can both feel-like-free (like tap water), as well as be paid-for (like premium priced bottled water, a $100 Billion business), or should music commerce remain strictly in the realm of units, copies and their various controlled physical or digital embodiments?
The DRM issue cannot be decided as an isolated question
Clearly the DRM question cannot be truly considered if kept separately from the drastic changes that are impacting all adjacent sectors of the record industry, such as music production and contracts, pricing, licensing, promotion and marketing, and without investigating how exactly the record industry’s entire business model must evolve in those areas, as well. After having done so, my own conclusion is that 8 years of badly implemented DRM have forced the major record labels into a detrimental fixed-pricing model for digital music, creating even more walled gardens and virtual monopolies such as iTunes, further perpetuating a myriad of unresolved licensing issues, and single-handedly stopping many promising marketing opportunities that could have worked if the music could only be provided in an open, i.e. MP3, format.
If you work for a major label, just take a good look at the deals that have crossed your desks during the past 12 months: how many of them could you have done if it wasn’t for those business rules related to ‘strategic’ principles such as DRM? How much revenue could you have generated? How much innovation could have been brought into this business if it wasn’t for this bizarre stumbling block caused by the belief that the customer cannot be trusted and therefore needs a clever piece of software to restrain him?
The bottom line is that the record industry is literally starving itself to death by basing its digital business strategies on outmoded assumptions by way-out-of-touch leaders that have gone unquestioned for far too long. It’s not about how much money the record industry has already made with digital music, but how much the record industry is leaving on the table – 90%, in my estimation.
Some good cases for DRM may exist – just not in music!
It is feasible that some use cases for using DRM / TPMs exist, such as with libraries, closed-content- systems such as the PSP, banking transactions, classified documents etc – anywhere where the results of DRM are indeed benefits to everyone in the food chain, and where it is not apparent to the average user that such safe-guards even exist.
The problem is that, as far as music is concerned, DRM is simply an impossible mission:
• The CD is and must remain an open and universally readable and convertible format, and this has set the standard for the digital music marketplace. In a digital ecosystem, consumers will under no circumstances accept less than what they are used to; rather, we need to expect and support an attitude that will be based on expecting more value. Charging more $ for less value, in an exponentially more competitive market with omnipresent and innovative competition, is a suicide mission.
• Too many different music formats have already been in the marketplace for too long; no single, universally agreed-upon and proprietary standard can and will emerge, and no 'SDMI take2' (aka CORAL) initiatives will achieve this goal – it is a technologist’s pipe-dream that keeps the record industry locked out of reality while it’s losing the market to new competitors
• The music consumers’ (i.e. the public’s) fair use expectations, ethics and traditions are totally incompatible with effective DRM measures, and 10 years of ‘secure digital music’ has utterly destroyed the trust in the market space. The un-beautified result (aka the non-IFPI version) is that the public is increasingly turning off to legally purchased music, altogether; and this won’t change until this policy changes
Challenging your assumptions
So…if you are a believer in control, and therefore in DRM, let me challenge your assumptions and convince you to reach for the reset button, as I firmly believe the record industry (in particular the major record labels) are destined for certain demise within 18 months if staying on the course of trying to ‘protect’ and control digital music.
Assumption #1: if all of our music was available in an unprotected format, nobody would bother to buy CDs anymore, and 90% of our current revenues would quickly evaporate. We need to keep on selling CDs as long as we can!
My response:
• your music is already available in open formats, for free, and the consumers that still like CDs are still buying CDs – but it has now become a choice, not a must; paying for music has de-facto become voluntary (as my fellow pontificator Jim "pool of money" Griffin likes to say). If the record industry made it easy, affordable and enjoyable to buy MP3s legally, a much larger percentage of the total target population would consider getting engaged. This would, in turn, generate more, and renewed, interest in buying all kinds of new physical media products, after a consumer has had his fill online – the sole downloading of music as MP3 files will, imho, never be the final stop for any real music fan. Rather, it is only the beginning of a new business, not the end – the new business is selling music as a 360-degree service and as a product.
• However, clearly the price of CDs would have to be much more competitive and flexible, both in the way of offering low-priced CDs as well as with high-priced / higher value products (such as high-definition audio, video, and mixed media). By selling MP3s online, and by offering a lot more CDs in the $7 to $12 range, as well as positioning premium products in the $25-$40 range, the record industry would still generate more revenues than before, and put smart retailers back into business, as well.
Assumption #2: if there is no friction in the process of getting music (as a result of having a ubiquitous, open-format for music that can be shared by anyone), our entire business model will collapse. No control means no cash!
My response:
• It is not about absolute control versus zero control – it’s about a new kind of relative, smart, opt-in, transparent, fair, and timely control. It’s happening everywhere else – why not in music?
• The traditional record industry’s unit-based business case has already collapsed: there is simply no future in only selling copies, so let’s stop pretending there is. The record industry must first sell access to music and artists (and then sell units), in an all-encompassing portfolio of products and services – and there is absolutely no way you can do that by enforcing proprietary, locked music formats.
• There are many other ways to maintain and ‘enforce’ value in an open format system; i.e. the record industry can insert something that is equally as effective as friction: stickiness, loyalty, trust, community and appreciation. The record industry will get the same, and even better results but must use a different path – think eBay, Amazon, Google.
Assumption # 3: If we offer unprotected music, everybody would just share their music with everyone else, and nobody would ever make any payments, and that would be the end of it!
My response:
• Flexible pricing (lower and higher $), bundles, flat rate services, free and ad supported models, and a host of new premium offerings would take care of this problem of ‘rampant sharing’ – share all you wish because we will have a way of getting your dollars, regardless! If it’s just a copy of the file I want, yes, I may be able to circumvent payment, but if want the whole thing, the experience, the complete access, I will have to remain with the provider that can dish up all of it.
• Why would I bother with circumventing a payment if the value, the service and the convenience I get is beyond reproach and makes irrefutable economic sense – a legal, open format music service just has to be better, faster and more compelling. And it can be!
• The bottom line: if the price is right, and the service value is high, and the trust is there, consumers will pay without fail: see cable TV and cell phone subscriptions – and again, the $ 100 billion bottled water business.
Assumption #4: switching to open formats will make the record industry (in particular the major record companies) utterly vulnerable, and they will lose any remaining market advantages we currently still enjoy.
My response:
• Open formats will certainly create a more equal marketplace; however, the major record labels will still be able to extract a lot of value out of the existing assets, i.e. the catalogs, the relationships, and the global business network. It will indeed be a different business, but a lot more fruitful!
• Many traditional advantages (such as controlling distribution) are quickly and inevitably eroding in today’s marketplace. By making a pro-active decision to embrace these changes, now, the record industry will be able to be in charge of it, rather than solely react to it.
What will happen if the major record labels stick with DRM?
• CD sales will continue to tank exponentially as even the most faithful customers in the most traditional territories are tapping into the ever more powerful online networks, while the growth of digital music will stall in all territories, paid-for ring-tones will decline, and all those fancy new mobile devices will play MP3 files but not those crippled and DRM’ed files, on a ratio of 50.000 to 70.
• The wireless broadband explosion will take the sharing of music to an unprecedented level: every single user becomes a moving super-node of content, and 99% of them will exist in a legal and economic gray zone of non-compliance - because there is no other option! In other words: unless the record industry’s content is available in open formats, its music will be consumed outside of any system of monetization. Avoidance is not an option, participation is!
• New companies will show the way and quickly propagate entirely new ways of acquiring and presenting music: telecoms, handset manufacturers, networks, portals and ISPs will target the record industry’s core business (i.e. talent); and within 18-24 months the traditional record labels’ overall relevance will be greatly reduced. The markets will find a way around the protected digital music that the 'official' record industry is offering, and the rising digital music tides will float every boat except for... theirs!
• Very few outside investors will invest in any music-related ventures, not only because there will be no growth (and no demonstrable ROI) but also because the industry is, and will be, universally disrespected for its lack of leadership and decisiveness. This lack of outside investments will create a vacuum that new players will aggressively use to build their own ventures, based on new talent that the tradional record industry will no longer be able to attract. Major music companies will become isolated in the capital markets, becoming sitting ducks for takeovers (is that good or bad?)
Take a look who has defined success in the past few years: eBay, Amazon, Apple, Google, Skype...they all give control to the user, provide open and transparent services, earn and keep trust, pull not push, have conversations not monologs, promote enablement not prevention - that is where things are going.
The time for a change is NOW
If you are still a believer in control, protection and enforcement, I urge you to reconsider your position and make a leap into the only future I believe there is for the record industry: open formats, ubiquitous access for music, new models of partnerships with artists and retailers, flexible pricing, and open and transparent licensing standards.
"Come gather 'round people
Wherever you roam
And admit that the waters
Around you have grown
And accept it that soon
You'll be drenched to the bone.
If your time to you
Is worth savin'
Then you better start swimmin'
Or you'll sink like a stone
For the times they are a-changin'"
Gerd Leonhard March 1, 2007
Interview mit Gerd Leonhard, 17.2. 2007, zum Thema Musik & DRM, IN GERMAN LANGUAGE, 1.5 MB Quicktime file:
Download drs2aktuell_digitale_musik_und_kopierschutz.mov
1.5 MB MP3 file:Download drs2aktuell__digitale_musik_und_kopierschutz.mp3
Some good stats from emarketer
eMarketer.com - All Sides Dig In on DRM.
"eMarketer digital music specialist Paul Verna went a step further. The majors would be well-advised to follow the lead of their independent counterparts and adopt a DRM-free strategy. Mr. Verna's colleague, DRM specialist Ben Macklin, also framed the debate in clear terms. "Content providers should not force law-abiding citizens to steal," said Mr. Macklin. "If the rightful owner does not allow consumers to get the content they want, when they want it and how they want it, they will get it elsewhere. Content providers can either get a piece of the action or put such tight restrictions on their content, through DRM and restrictive terms-of-service agreements, that consumers will simply avoid them."
Amazing: everyone outside of the music industry seems to get this, instantly. Everyone inside is still puzzled and shell shocked. Dropping DRM, now, is the only way out of this jam.
Another good piece by Eliot van Buskirk at Wired
How to Explain DRM to Your Dad
Dennis posts some good links here:
Technology360: Thoughts on music DRM (The Devil made me do it).
Interesting article - but of course, if someone from the BBC interviews people at major record companies, how many of them would really and openly admit that they want to dump DRM ASAP because it's destroying their business? This is like asking people if they download music from p2p services - their answers will always be skewed by their apprehensions. I think the real number of people that want to get rid of DRM is MUCH higher.
BBC NEWS | Technology | Music execs criticise DRM systems.
Currently, he said, labels were sticking with DRM because they saw it as a tool for protecting their rights. However, he added that he could foresee a day when DRM was used to manage these rights and monitor what people did with music rather than stop them.
More momentum on this subject today, see below. I have been predicting this for the 12 months - DRM is about be toast. Check out my podcasts here (GerdRadio.com)
UK Register: EMI set to drag majors into DRM-free future | The Register.
"...the paper reports that EMI returned with new ideas late in January which, rather than asking to be paid for nothing, invited retailers to make advance payments on the music they wanted to sell. The shops' submissions were due back to the label yesterday, and EMI will decide whether to go ahead based on the total up front cash haul that dumping DRM would bring. Understandably coy about the imminent decision, EMI refused to confirm the process, describing reports as "speculation".
That EMI will likely be the first major label to ditch DRM entirely is no great shock - it already announced it would no longer encumber its physical releases in January. It even trialled selling DRM-free mp3s of some of its top-selling artists back in summer 2006 through Yahoo! music. Those trials failed to bring the global music industry to its knees, so it would be more surprising if talks with other retailers weren't ongoing. Happily for Steve Jobs though, his timing is impeccable; history will probably grant him much credit thanks to his media-baiting denouncement of DRM in open letter earlier this week...."
Steve Jobs always knows how to get his good share of media coverage - gotta hand that to him!
My take: Jobs knows that DRM is about to be dropped by the major labels - there is NO way they can get any real growth out of digital music if they keep on selling cripple-ware and incompatible formats. Now, Jobs makes this announcement - it's really a preemptive strike, telling the labels to just do what the must do - and Apple will continue to sell their ipods, iphones and computers. Well done, Steve. As for the major record labels, ACT NOW: be bold. admit you were wrong. tell the world and move on. get with the program. and get your audience back.
Jobs wrote: "Imagine a world where every online store sells DRM-free music encoded in open licensable formats. In such a world, any player can play music purchased from any store, and any store can sell music which is playable on all players. This is clearly the best alternative for consumers, and Apple would embrace it in a heartbeat.
Good comment on my post from last night
Analysis: Apple CEO Steve Jobs Talks of Getting Rid of DRM, But Does He Walk the Walk?
Wow - this is a big announcement, below. Another nail in the coffin of DRM.
I have been saying this all along - Steve Jobs does not care about his itunes DRM. Finally, this is out in the open. Well done, Steve - the ball is in EMI's, SonyBMG's, WMG's and UMG's court. Can they read his lips?
Much of the concern over DRM systems has arisen in European countries. Perhaps those unhappy with the current situation should redirect their energies towards persuading the music companies to sell their music DRM-free. For Europeans, two and a half of the big four music companies are located right in their backyard. The largest, Universal, is 100% owned by Vivendi, a French company. EMI is a British company, and Sony BMG is 50% owned by Bertelsmann, a German company. Convincing them to license their music to Apple and others DRM-free will create a truly interoperable music marketplace. Apple will embrace this wholeheartedly.</p>
Not surprising what people think about DRM Urban Dictionary: drm.
Ailing music biz set to relax digital restrictions - Yahoo! News.
"The anti-digital rights management (DRM) bandwagon is getting more crowded by the day. Even some major-label executives are pushing for the right to sell digital downloads as unprotected MP3s...."
As I predicted - this is the year. Hey - it only took 10 years to see the obvious ;(
So... as Bob Dylan said: Get out of the way if you can lend a hand...
His lyrics still say it perfectly:
Come gather 'round people
Wherever you roam
And admit that the waters
Around you have grown
And accept it that soon
You'll be drenched to the bone.
If your time to you
Is worth savin'
Then you better start swimmin'
Or you'll sink like a stone
For the times they are a-changin'.
Keynote Speaker, Think-Tank Leader, Futurist, Author & Strategist, Idea Curator, some say Iconoclast | Heretic, CEO TheFuturesAgency, Visiting Prof FDC Brazil, Green Futurist
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