ardly a week goes by without another salvo in the music
wars, which have been going on now for years. And week by week the
shape of the struggle seems to change.
What set it all off was the emergence in 1999 of Napster, the
file-swapping brainstorm that allowed computer users to download
free music files. Napster was enormously destabilizing. It
undermined the economic logic of $17.99 CD's by making the physical
object itself, the CD in its jewel case, irrelevant. The recording
industry knew exactly what to make of Napster, calling it theft,
plain and simple. Recording artists had a harder time. Many
musicians agreed that file swapping was a form of theft, but many of
them also argued that their recording contracts were a form of
theft, too. At the very least, file swapping became the perfect
industry excuse for the prolonged downturn in CD sales, whether it
was the real cause or not.
Since then, there have been calls for copy-protected CD's and for
government intervention. The recording industry has been fighting
for its life with the zeal of desperation and ineptitude. It brought
a farcical suit, since dropped, for billions of dollars against four
file-swapping students, and it has sought to snoop on private
computers. Reports say that it has also planned to hack its way into
the machines of file swappers.
The industry knows that its future depends on somehow making
music files available for purchase and downloading over the
Internet. And yet every pay-per-play music downloading service the
recording industry has sanctioned has been notable mainly for
clumsiness, proprietary paranoia and a condescending attitude toward
its customers.
It's clear what computer-literate music lovers really want: a
simple, elegant interface; a broad catalog of music; quick,
high-quality downloading; and an approach that doesn't treat the
consumer like a criminal wearing a house-arrest shackle. The new
Apple music service, the iTunes Music Store, should point the way,
especially when it or similar services spread to the Windows
platform.
It's ironic that Apple should have introduced the first really
successful commercial Internet music service. It was a legendary ad
from Apple, after all, that urged computer users to "Rip. Mix.
Burn." That was an invitation, borrowed from their own language, for
file swappers to copy downloaded songs onto their blank CD's. The
slogan now might read: "Rip. Mix. Burn. Within Limits." That's
pretty much what the Apple system invites you to do, at a cost of 99
cents a song, or $9.90, and sometimes less, for a full CD. The
service's limitations on copying music files kick in well beyond
what most of us would consider fair use. This is the market doing
its work without government mandates or overly restrictive
technologies.
None of this will do away with illegal file swapping. If you
believe you're making a political point by downloading music
illegally — or if you just like free music — the chance to buy songs
from Apple isn't going to seem very appealing.
But music sales have slumped in part because CD prices are way
too high to make sense to ordinary consumers. The assumption has
always been that CD sales depend on baby boomers' replacing their
collections of vinyl LP's and that the end of that replacement cycle
is near. In fact, a lot of baby boomers stopped replacing LP's
because CD costs made the whole idea seem futile. This new
innovation is almost certainly going to set off a surge of new
buying. Some of us will be filling in the CD-size gaps in our
collections, but a lot of us will be going back and buying only
individual songs. Why buy all of "Wheels of Fire" when you can buy
"Crossroads" for
99 cents?
In its all-out war against file swapping, the recording industry
has done itself a lot of damage. It has alienated its ideal audience
— young people who live and breathe music — by being way behind the
technological curve and by repeatedly sounding as if its main job
was law enforcement rather than selling music. You don't have to be
a 19-year-old college student to sense that there's something
indecent in the concentration of the recording industry over the
past decade and in the homogenization of its products.
Once the iTunes Music Store starts selling CD's from small,
independent labels, it stands a fair chance of increasing
competition for the giant labels. The question is whether the giants
will know a good thing when they see it and whether they can keep
themselves from pressuring Apple to limit its music listings, as
well as the freedom of consumers to copy what they download. The
success of this service will ultimately depend on keeping it as
independent as possible, serving music listeners, for once, instead
of only the needs of the recording industry.