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Dana Dana Blankenhorn has been a business journalist for over 25 years and has covered the online world professionally since 1985. He founded the "Interactive Age Daily" for CMP Media, and has written for the Chicago Tribune, Advertising Age, and dozens of other publications over the years.
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Moore’s Law defines the history of technology. It held that the number of circuits etched on a given piece of silicon could double every 18 months as far as its author, Intel co-founder Gordon Moore, could see. Moore’s Law has spawned constant revolutions since then, not just in computing but in communications, in science, in a host of areas. Moore’s Law applies to radios, and to optical fiber, but there are some areas where it doesn’t apply. In this blog we’ll take a daily look at new implications of Moore’s Law in real time, as it rolls forward to create our future.
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April 01, 2004

Race To The Bottom Of The Pocket

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Posted by Dana Blankenhorn

Last week I was at the CTIA show here in Atlanta where David Munns, who heads the company's operations in North America, announced a big initiative to serve cell phones with "ring tunes," that is, ringtones based on real recordings by real artists you know. (Picture from Janalaweb, a Portugeese management portal.)

The week was filled with optimism, talk of big bucks coming in from Asia and Europe, talk of that success being replicated here.

Then this week, fairly quietly, EMI canned 20% of its people, 1,500 in all, including 20% of its artists.

Lawyers cost money. Or as Munns himself said several times while in Atlanta, "It's complicated."

The big music publishers, including EMI, are in a race to the bottom of their pockets against a worldwide interest in trading music files online.

Who's winning? The lawyers. Who's losing? The artists.

And the lawyers don't always win, either. A Canadian federal court's decision that just putting music files into a directory that can be shared doesn't make you a pirate, subject to jail time, was the second blow to the industry in a few weeks. A Canadian judge had earlier ruled that the industry couldn't file "John Doe" lawsuits against music swappers -- it had to find evidence against individuals and file against individuals.

Now it's not like Canada is a haven for piracy. There's growing interest there in the idea of taxing everyone for music downloads. The result would be a "Canadian Principle" -- a paid-for copy is a legal copy.

I'm sure David Munns would have many objections to this principle in action. Some may be valid. Well, David...

It's complicated.

But direct negotiations between the industry and, say, government, is going to bring a lot more money to artists than your solution, which so far is only making lawyers rich. I suspect at least one-fifth of your present artist roster (those you're about to dump) might agree with me on that point. And it might bring more money into your pocket than the alternative as well. The bottom line, after all, is the bottom line.

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