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The Trouble with iTunes, part 1

Arthur recently emailed me asking why I chided Lin for the In The Heights soundtrack having iTunes-only exclusive tracks, and it got me thinking (hopefully) blog-worthy thoughts:

The short answer is, I wanted to see the exclusives on AmazonMP3, since that’s where I buy music these days, but that’s not really the point. I’m more generally worried about Apple entrenching their market power with exclusives, because that’s can be a vicious cycle of increasing monopolization. If you’ll permit me to be a little lazy, here’s an relevant excerpt from a paper I wrote:

There is anecdotal evidence that the iTunes Store enjoys market power. Lily Allen, a popular British singer, has complained that she felt compelled to offer Apple exclusive content in order to secure promotional placement in the iTunes Store. While monetary payment for promotional placement has been customary across the music industry for some time, Apple has been able to force the payment into a potentially more valuable form, i.e. a strong competitive differentiator from the other download stores. Without market power, it is unlikely that they would be able to extract such exclusive deals.

Apple also benefits from what we may call the “catalog” barrier to entry, similar to the “applications” barrier to entry recognized in Microsoft. As the biggest download store, the iTunes Store is the only truly necessary distribution point in this market, and as a result, Apple has accumulated the largest catalog of licensed downloads, which then leads users to make it their primary destination when searching for music to download. While there is not as much work involved in re-encoding songs for rival services as there was to re-code for rival platforms in Microsoft, there is still some burden, and the more dominant Apple’s market share becomes, the less artists and labels will see benefits in distributing elsewhere. It is also likely that music consumers place more value on comprehensiveness than operating system consumers, because the future needs of the former are much less predictable than the latter. This would lead to warier consumers who would view Apple as an even more compelling download store than Windows is an operating system.

So Apple gets two hits of market power from exclusives: the direct hit from those who want to buy that particular exclusive, and the halo hit of being the store that has all the exclusives. I realize this doesn’t actually explain what’s wrong with Apple getting that market power, but that’s not usually hard to see with entrenched monopolies. They don’t have much pressure to innovate, so they often don’t. Even Apple, with as hardcore a rep for innovation as you could imagine, has done all of just about nothing with the iPod or iTunes since they became dominant; the only changes have come as a tangential result of innovation in markets where Apple has no power, specifically set-top boxes (AppleTV) and cell phones (iPhone). Those new products brought us some remote capabilities for iTunes and the iPod Touch, but the core capabilities for acquiring, managing and playing your music collection have not changed at all. That may be because it’s good enough for most of the customers, but so is Windows, and that’s never stopped Apple from pushing ahead with OS X…

There’s definitely much more to say on this, and after the bar exam I hope to say some of it, but for now I’ll just ask you to call your local musician and tell them to vote No on iTunes Exclusives (if their label is so charitable as to give them any say in the matter).

Girl Talk: looting the vineyard of my mind grapes

In no uncertain terms, this new Girl Talk is the shit. It’s hilarious, insightful and joyful in all the right places. If I know you, expect to endure this soon: “Here, let me play this bit for you…see, isn’t that crazy…the way he cut in that track is like whoa…c’mon, laugh/smile/gasp, goddamit!”

Gregg Gillis, d/b/a Girl Talk, is not really the new Eddie Murphy in any intelligible way, but his recent albums (Night Ripper and the new Feed The Animals) make me feel just like the first time I heard Raw or Delirious. Here is this continuous aural experience for what seems like hours, where every 10 seconds something happens that forces you to grin like a loon while forcibly stifling an involuntary “oh no he di’int.” It’s quite literally drugs- you want to feel like this all the time, and you want to share the experience with all your friends. But then you do, and you stand there unsatisfied, both with the reaction you’re getting and your own enthusiasm for the work. The problems are limitations we’re all familiar with in comedy: the joke just isn’t as funny the second time, especially if the second time is right after the first, and it’s awful to have to explain why it’s funny. The former is satisfied just by giving yourself a break from the material, but the latter is a barrier everyone has to surmount on their own; you really to have to recognize the samples to appreciate the “jokes.”

I really don’t mean to imply that Girl Talk just does musical jokes, though; I mean to call it comedy of the highest order. The Internet is littered with mashups that amount to nothing more than knock-knock jokes, but Girl Talk is like the Daily Show: not just funny because it’s true, but also true in spite of the funny. An amusing revelation is no less a revelation. Girl Talk pokes the tracks he samples with as sharp a stick as Jon Stewart ever wielded, but instead of lampooning, he’s celebrating. He takes out all the context and holds up the fragment, but instead of saying “look how ridiculous,” he says “look how excellent.” It’s aggressively optimistic, but it is just as trenchant as any cutting parody. He’s giving us a whole new perspective on the tracks he samples, not only by juxtaposing them so drastically, but by taking only a few bars of any one track. He’s giving you just enough to appreciate what is truly great about a particular hook or phrase, while weaving it in and out of an undeniably funky tapestry. You’re left with a renewed love for your old favorites, but there’s also a sneaking suspicion that the original artist may have grievously overused that sampled bit. It’s work in the best tradition of recontextualization, but it’s also enormously fun. Just like great comedy, you never stop wanting to laugh, or in this case, dance.

No one track does the album justice, but this one has a particularly inspired use of one of my old favorites, Aphex Twin’s “Girl/Boy Song”: Girl Talk - Shut The Club Down

Stay tuned for Part 2: the obligatory IP wonkery. It’s not for nothing that Girl Talk’s on the Illegal Art label ;)

The Tweets for 2008-04-07

  • I wins at MPRE! Got a perfect(ly average) score! #

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The Tweets for 2008-04-03

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The Tweets for 2008-04-02

  • @fros1y what would a Tax Shelter badge look like? #

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The Tweets for 2008-04-01

  • FvL: "If 30,000 Americans were in jail, that wouldn’t be getting artists paid either." Sad thing is, first thought was: that’s not that many #

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The Tweets for 2008-03-28

  • "how the Internet is changing politics" @ NYU: ariana huffington is tired of mixed baggery #
  • Jeff jarvis just joked about a "3AM Twitter message in the White House"; the meta-meter goes to 11! #

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The Tweets for 2008-03-27

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Looking for loot in all the wrong places

Mashable is dead right about Billy Bragg’s Bebo beg (say that five times fast): royalties to musicians from social networks just weren’t part of the deal. Nick Carr calls it exploitation, sharecropping even, which just ain’t so, and would be offensive to me if I were a sharecropper or a descendant of one.

Bragg characterizes the musicians who post content on the site as “investors”, but that only holds if every one of us is an investor in every service we use. As hard as it may be to face, musicians are not magical fairies who bless everything they touch; sometimes they are just users like the rest of us, who poop and join new websites every day.

The radio analogy that Bragg makes is facially a wee bit less useless, but it is no more correct. There is no choice made by the artist there; radio gets to play your stuff whether you like it or not. That’s why there’s a statutory license, to approximate for the deals everyone would make individually. With the opt-in nature of social networks, there’s no need for such a thing. That’s not to say that they wouldn’t like to have one; I bet the sites would be willing to pay a reasonable statutory share of their ad revenue from each artist page if it let them force every artist to have a page…

Don’t get me wrong; I think artists make enormous contributions to the value of the web. I just don’t really know how to decide who’s an artist anymore, so if they’re going to get paid, I think they’re going to have to stand up and ask for it up front. Turning around and asking for a tithe after the content has spread throughout the tubes is a sure way to clog them up.

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