Category: Biz

Netmix Group on Facebook

I spent most of today setting up a Netmix Group on Facebook. The purpose of the group is to facilitate discussion around the subject of streaming radio and its impact on the mix-show as we move from traditional OTA radio to digital technologies like Sirius and XM satellite radio and streaming networks like Live 365.

We will also be soliciting commentary on the best DJ software/hardware combination packages like Traktor, Serato, Final Scratch and more. There are four discussion forums to start and I will be posting relevant news and other submissions as best as I can keep up.

Please visit Facebook.com and search Groups for Netmix to join in the ongoing discussion.

MTV VMA Open

Okay, so I’m watching the MTV VMA show open. A logistical quagmire that got off to very rocky start. Unfortunately, I missed the Britney episode, but am already getting Twitter posts saying she lip synced her performance. Sara Sliverman…not funny. The jokes bombed. Alisha Keyes as hostess–not sure what to do when Pete Wence’s mic conked out during a segment in one of the four private rooms. Kanye’s performance underwhelming without studio lights to brighten the room..

Stay tuned for more commentary.

Everyone is talking about Rick Rubin

Over Labor Day weekend, my girlfriend Missy and I were spending the Labor Day weekend on Martha's Vineyard. The weather was gorgeous, the food tremendous and the laid back atmosphere mixed with sea salt from the ocean air was a welcome respite from our busy New York City lives.

On Saturday, we rented bikes and rode over to Oak Bluffs for lunch, ice cream and a little window shopping. Later that evening, upon our return to the quaint and homey Crocker House Inn, a quiet and well kept bed & breakfast in Vineyard Haven, I found our hosts had set out the early edition of the Sunday New York Times. Keeping with my normal traditions, I dug out my favorite section, The New York Times Sunday Magazine and was surprised to find legendary producer and record man, Rick Rubin, cross-legged on the cover, looking much like the guru his peers consider him to be.

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UMG to drop DRM until January

The New York Times reported today that–in a incredible reversal of position–the world’s largest record company, Universal Music Group, has made the decision to sell music tracks DRM-free until January. DRM-free music will be available through Real Networks, Walmart, Amazon, and a few web sites of artists under the UMG umbrella.

An interesting twist to this story is that DRM-free music will not be available through Apple’s iTunes download music service. UMG, in trying to break iTunes stranglehold on the digital download market, would like to see users migrate to other services to purchase music from artists on their affiliated labels. By taking this step, UMG are playing their trump card, and it’s certainly a big card to play.

Just a few months ago, UMG refused to renew the iTunes license to sell UMG music when Apple founder Steve Jobs refused to pay UMG a per unit revenue share for every iPod sold. Last year, Microsoft agreed to pay $1 per unit to UMG for every Zune player sold, but the company has yet to see any real traction in user adoption of their product.

This game of cat and mouse could potentially hurt UMG if Apple pulls their catalog from the service before the Christmas shopping season. In fact, it could cripple UMG’s bottom line in the 4th quarter. I’m willing to guess that the other services have been working on solutions to launch in September or October and are going to roll out marketing campaigns to try to drive users to their services to get certain albums DRM-free.

This is a gamble. At this point, there are so many iPods in the marketplace connecting directly to the iTunes store that users may not really care if the music is DRM-free. They have something that works, is high quality and they can connect once and take away.

Does UMG think consumers are going to go out and purchase players that play only their music DRM-free, but not be able to connect to iTunes for the rest? Has EMI licensed their catalogs to all the new services, so users can get both UMG and EMI music? If so, could there be some collusion on the labels parts to work with these services to the disadvantage of Apple? That might spur an anti-trust law suit if Apple were to learn that the labels discussed this with each other and then with the various services they were willing to license. It’s a tricky situation.

As Times reporter, Jeff Leeds noted, UMG will keep their music DRM-free on these services until January in order to test the marketplace and see what the rate of user adoption is. If things go well, you could see Warner Brothers and Sony/BMG drop DRM soon thereafter, or maybe earlier as they feel the pressure to submit to what consumers have been demanding.

I didn’t expect to see this story in the headlines tonight. It’s quite shocking actually and is going to make for some interesting commentary in the blog-o-sphere. I’d keep my eye on http://www.paidcontent.org, who I’m sure will have posted something about this turnabout very soon.

Beatport's New Affiliate Program Falls Short

For the past year, I've been trying to contact both Beatport's founder and Biz Dev rep with little success. I guess they feel they're too self-important to respond to phone messages or emails. While they're DJing in Denver or out skiing on the slopes, let's not rest on our laurel's fellas, because what happened to Friendster (MySpace ring a bell?) or the record industry (does p2p sound familiar?) can happen to you too.

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Under pressure, BurnLounge drops MLM…finally!

n 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 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 companies 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 its case against the company.

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More upheaval at BurnLounge

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.

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Report: FTC Asks Court To Shut Down Illegal Pyramid Operation BurnLounge

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.

Last.fm acquired by CBS Corporation for $280 Million

Last.fm, the popular London-based music recommendation social networking web site, was acquired for U.S. $280 Million by CBS Corporation.

The web site claims over 15 million active users. Its London base is important strategically for a company operating in the music space, as the legalities of Internet music business differ in some respects than in the United States.

For more, see http://news.bbc.co.uk/1/hi/technology/6701863.stm for the story.

More on the disappearance of M3 Summit from Miami New Times

A user posted this link to a recent article in the Miami New Times on the disappearance of the M3 Summit from this year’s Winter Music Conference, in “Comments” on my original posting.

http://www.miaminewtimes.com/2007-03-15/music/spring-break