burnlounge

Burnlounge almost got away with one of the best scams in digital music history. I called it here on Netmix and was ostracized by people like Hazel Zoletta from Tommy Boy, who sang the virtues of Burnlounge, while tens of thousands of people gave up their hard-earned dollars to a bunch of people who had been investigated for pyramid-type operations before.

One of my best friends (who shall remain nameless) threatened to never talk to me again over my calling Burnlouge out for what they truly were, one of the biggest online music scam’s since digital music was invented. Both she and Hazel were mad that I said “B and C” level” executives were at the first Burnlounge New York meeting, which took place in the lounge under Coffee Shop in Union Square.

I still stand by that statement, as I didn’t see Diddy, Lyor or Clive there. And if I was there, then I was calling myself a “B” or “C” level executive anyway. Of course, in their furor, they couldn’t see the forest from the trees.

So, what happened to Burnlounge? Well, the FTC shut them down. The URL is finito! Gone. Poof! Digital Music News reports that the FTC has settled with a former Burnlounge promoter, Scott Elliot, who agreed to pay $20,000 of a $117,000 judgment against him. We hear it’s about all he could afford.

Of course, we’ve never again heard from Burnlounge Barry in our comments section. Who is Burnlounge Barry? He was a Burnlounge operator who found our blog and carried on a running argument with me about the sanctity of Burnlounge. He was adamant that Burnlounge was the wave of the future…yada…yada. That Burnlounge would revolutionize the music industry. Where is Barry now?  Nowhere to be found now. He’s probably on to the next big scam. We wish him the best of luck and look forward to the day that he’s locked up like the rest of them.

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In another “I told you so” moment, Grant Johnson, the new CEO and Chairman of BurnLounge , announced in a press release through the Mi2n.com music network that the company will abandon its MLM model for a more traditional affiliate model. BurnLounge affiliates will be able to participate directly in the revenue upside from the sales of music, movies, tickets and other online transactional services without having to invest high fees to use the company’s software tools.

This is a 180 degree turnaround since the company dumped Alex Arnold (a former executive of another bankrupt MLM, Excel Communications) in the face of criticism about its MLM structure and the Federal Trade Commission building a “pyramid” case against the company.

See the talk on the BurnLounge discussion boards.

What has happened here is that the pressure to grow the idea and seek funding saw Stephen Murray selling his soul to Alex Arnold, a person who only cares about profit and making money off the backs of hard working young people buying into a dream. I don’t know why anyone would go into business with this man after this debacle.

Just a month ago, I saw a bunch of job postings on Craig’s List for positions at BurnLounge, which told me that a number of staffers either flew the coup or something else was going on at the company. This caused me further skepticism.

Personally, I’m just so glad that this all finally came to light. This BurnLounge situation has really bothered me over the past year. I just couldn’t sit idle and let this company take hard earned dollars out of the pockets of people who were not capable of making an informed decision because they didn’t know how to research the companies model or get the real dynamics of the revenue split from the company. It’s really tragic, and I hope many of those people get their money back.

With the new direction of the company, I will be the first one to support the concept of free tools for affiliates to use and generate revenues from. One can look at a number of other sites, for example, iLike.com and Pandora.com to see that you don’t have to screw the little man to start a web music service. This is a good first step in trying to right the company and bring it back to life. They may have to change the name though, because the damage is done.


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BurnLounge has announced that CEO, Alex Arnold, will step down from his post effective immediately. Grant D. Johnson, one of the company’s Board of Directors and founding investor will take the helm. Johnson is also founding managing partner of Benevolent Capital, a hedge fund investing in private and public companies.

The Federal Trade Commission went to court this week to ask for an immediate shutdown of the controversial music service, but the court granted the company a stay. Although it still remains operational, the damage has been done. I think you’ll see a number of members canceling their memberships.

The business model BurnLounge presented to the market is seriously flawed in its ability to support the individual BurnLounge operator in generating enough revenues to cover costs of doing business. The Federal Trade Commission recognizes this and will continue to work towards either shutting down the service or forcing positive change.

The argument has been that the more BurnLounger’s a current member signs up for a member package, the more money will be made on the subscription fee and not the actual sales of music, which have an extremely low margin after splits with the labels, distribution, BurnLounge and anyone–as I’ve heard it–four to six levels above a new member signing up. In some cases, your split on music sales might be half a penny per track.

An individual would have to sell tens of thousands of songs to recoup their original investment. BurnLounge suggests this is fair. Once they sign you up, you’re on your own. They take your cash knowing that you’re already under the bus and it will be months or years before you see a profit.

BurnLounger’s have argued that access to ticket sales and cell phone service would be their savior. More products to sell means more revenue. I argue that BurnLounger’s have to compete with Ticketmaster, StubHub.com and many other fly by night ticket resellers, ticket agencies and illegal scalpers. There are just not enough tickets in a market to support individual BurnLounger’s who think they are going to make money with this business model.

With Amp’d Mobile filing for bankruptcy and AT&T getting ready to sell 3 million new iPhones in the next 30 days, I doubt BurnLounger’s would have any traction selling mobile phone service as well. You have no store, no customer service, no handsets to subsidize the cost of service. The retail market online is still only 5% to 10% of all retail, and a recent news report suggested that this number is leveling off.

What BurnLounge was doing was going after the long tail market. That’s fine, but drop the initiation fees. That was their biggest mistake. Let people set up a BurnLounge store for free and see the magic happen. Charge them fees to get involved and you’ve got yourself in trouble looking like a pyramid scheme.

Oddly enough, a BurnLounger called me up two weeks ago to pitch me on a “new revenue stream for my business” and that his BurnLounge store had licensed tracks from all the major labels. Instead of telling me he was working with BurnLounge, he tried to get me to believe it was his business and that his site had licensed the tracks. Once he gave me his site URL and I took a look and saw it was a BurnLounge site. I asked him why did he lie to me and tell me his company licensed the tracks? Of course, he didn’t have an answer to that, and I politely hung up on him.

This is another huge issue for BurnLounge. They can’t control their message. They have forty thousand voices all speaking gibberish. Bad for business, bad for music.

Maybe they can salvage it, I don’t know. I wouldn’t be on it. That’s just my opinion.


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I hate to say that I was right, but I’m going to say it anyway. And, not only am I going to say it, I’m going to say it loud: I TOLD YOU SO!

Today, I learned through Mi2n’s music industry news service that Burnlounge, a company I’ve railed against here on this blog (click on link to see original story), is the target of the United States Federal Trade Commission. The FTC is moving against Burnlounge to shut down is operations, citing the companies business model as a “pyramid” scheme.

So…to Barry, whom I’ve parried with over the last four months or so on this subject, I say: I told you what this was from the get go, and you adamantly refused to capitulate that the service is a ponzi scheme. Now, the federal government has confirmed just that. Burnlounge will be gone before you know it and thousands of people will be out of their hard earned dollars this scam stole from them. You should be ashamed of yourself, my friend. Because you were one of the people who were out there spreading the message of false hope yourself. Now, where are you? Now, what do you have to say for yourself?

Anyone in the business of music who got involved with Burnlounge should be taken to task. There is one woman in particular who posted to this very blog, that was directly involved in BurnLounge. That woman works for an independent record company. I’m not going to point the finger directly at you, because you know who you are. My question to you is, how can you live with yourself knowing that you misrepresented artists, music fans and your friends who trusted you and supported this idea based on your word? Now, what are you going to do?

Here is the link to the article on Mi2n.com and I’ve republished below as well:

http://www.mi2n.com/press.php3?press_nb=100940


FTC Asks Court To Shut Down Illegal Pyramid Operation BurnLounge

On June 6, 2007, the FTC filed a complaint in the U.S. District Court for the Central District of California against BurnLounge, Inc. The complaint charges that BurnLounge sold opportunities to operate on-line digital music stores that was, in fact, an illegal pyramid scheme. The agency is seeking a permanent halt to the illegal pyramid practices as well as other illegal practices alleged in the complaint.

According to the FTC, BurnLounge recruited consumers through the Internet, telephone calls, and in-person meetings. The sales pitch represented that participants in BurnLounge were likely to make substantial income. BurnLounge recruited participants by selling them so-called “product packages,” ranging from $29.95 to $429.95 per year. More expensive packages purportedly provided participants with an increased ability to earn rewards through the BurnLounge compensation program.

The BurnLounge compensation program primarily provided payments to participants for recruiting of new participants, not on the retail sale of products or services, which the FTC alleges would result in a substantial percentage of participants losing money.

The FTC specifically alleges that the defendants operate an illegal pyramid scheme, make deceptive earnings claims, and fail to disclose that most consumers who invest in pyramid schemes don’t receive substantial income, but lose money, instead. These practices violate the FTC Act, the agency alleges.

The FTC has asked the court to halt the deceptive practices and misrepresentations and to freeze the defendants assets, pending a trial, to preserve them for consumer redress. At a hearing on the FTC’s request for a temporary restraining order, on June 8, 2007, BurnLounge’s attorneys asked for more time to respond fully, and U. S. District Court Judge George Wu ordered that a full hearing on the FTC’s request for a preliminary injunction and asset freeze be held on June 19, 2007, after which he will rule on the FTC’s requests.

In addition to naming BurnLounge, Inc., a Delaware corporation based in New York City, the Commission’s complaint also names: Juan Alexander Arnold, of Studio City, California; John Taylor, of Houston, Texas; Rob DeBoer of Irmo, South Carolina; and Scott Elliott of Forney, Texas.

This case was brought with the invaluable assistance of the Office of the Attorney General of South Carolina.

Over the last 10 years, the Commission has halted 17 pyramid schemes and has collected almost $90 million in consumer redress and tens of millions of additional dollars in suspended judgments.


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