[NEC] 2.2: The Music Industry and the Big Flip

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Tue, 21 Jan 2003 13:33:56 -0500 (EST)


NEC @ Shirky.com, a mailing list about Networks, Economics, and Culture 

           Published periodically / # 2.2 / January 21, 2003 
        Licensed under the Creative Commons Attribution License
               Subscribe at http://shirky.com/nec.html

In this issue:

 - Introduction

 - Essay: The Music Business and the Big Flip
    (Also at http://www.shirky.com/writings/music_flip.html)

 - WiFi and VoIP
 - Worth Reading
   - Open Spectrum
 - Query: Research on Economic Loss from Protected Information 

* Introduction =======================================================

This issue's essay is on distributed systems and collaborative
filtering. In particular, it concerns what sort of system would have
to exist to alter the ecosystem of music in the way earlier forms of
internet publishing have altered the ecosystem of the written word.

Between the last essay and now, the Supreme Court also decided the
Eldred case, saying that Congress has unlimited power to extend
copyright, thus making the limit of the "limited duration" unlimited.

This is Mancur Olson territory, where the effort required by the many
to police the predations of the few is so high that special interests
carry the day. For the average Congressperson, the argument is simple:
copyright is a palatable tax that transfers wealth from the many to
the few, and the few are better donors than the many. When the primary
advantage of repealing that tax is something as unpredictable as
cultural innovation, its not hard to see where to vote.

The Eldred decision costs us a shortcut. This will now be a protracted
fight. 

-clay

* Essay ==============================================================

The Music Business and the Big Flip
  (http://www.shirky.com/writings/music_flip.html)

The first and last thirds of the music industry have been reconfigured
by digital tools.  The functions in the middle have not.

Thanks to software like ProTools and CakeWalk, the production of music
is heavily digital.  Thanks to Napster and its heirs like Gnutella and
Kazaa, the reproduction and distribution of music is also digital.  As
usual,  this  digitization  has  taken  an enormous  amount  of  power
formerly reserved for professionals and delivered it to amateurs.  But
the middle part  -- deciding what new music should  be available -- is
still analog and still professionally controlled.

The  most  important departments  at  a  record  label are  Artists  &
Repertoire,  and Marketing.   A&R's job  is  to find  new talent,  and
Marketing's job  is to  publicize it.  These  are both  genuinely hard
tasks,  and unlike  production or  distribution, there  is  no serious
competition for those functions  outside the labels themselves.  Prior
to its demise,  Napster began publicizing itself as a  way to find new
music, but this was a fig leaf,  since users had to know the name of a
song or artist  in advance.  Napster did little to  place new music in
an existing  context, and the  current file-sharing networks  don't do
much better.  In strong contrast to writing and photos, almost all the
music  available on the  internet is  there because  it was  chosen by
professionals.

- Aggregate Judgments

The  curious  thing about  this  state of  affairs  is  that in  other
domains, we  now use amateur  input for finding and  publicizing.  The
last  5  years have  seen  the  launch  of Google,  Blogdex,  Kuro5in,
Slashdot, and many other  collaborative filtering sites that transform
the   simple  judgments   of   a  few   participants  into   aggregate
recommendations of remarkably high quality.

This is  all part of the  Big Flip in publishing  generally, where the
old notion of  "filter, then publish" is giving  way to "publish, then
filter." There is no need  for Slashdot's or Kuro5hin's owners to sort
the good posts from the bad  in advance, no need for Blogdex or Daypop
to  pressure people not  to post  drivel, because  lightweight filters
applied after the fact work  better at large scale than paying editors
to enforce minimum quality in  advance.  A side-effect of the Big Flip
is that  the division  between amateur and  professional turns  into a
spectrum,  giving  us  a  world  where unpaid  writers  are  discussed
side-by-side with New York Times columnists.

The music industry is largely untouched by the Big Flip.  The industry
harvests the aggregate  taste of music lovers and sells  it back to us
as popularity, without offering anyone  the chance to be heard without
their approval.   The industry's judgment, not  ours, still determines
the  entire   domain  in   which  any  collaborative   filtering  will
subsequently operate.   A working  "publish, then filter"  system that
used our collective  judgment to sort new music  before it gets played
on the radio or sold at the record store would be a revolution.

- Core Assumptions

Several  attempts at such  a thing  have been  launched, but  most are
languishing, because they are constructed as extensions of the current
way  of   producing  music,  not   alternatives  to  it.    A  working
collaborative filter would have to make three assumptions.

First, it would have to  support the users' interests.  Most new music
is bad, and  the users know it.  Sites that  sell themselves as places
for bands to find audiences  are analogous to paid placement on search
engines --  more marketing vehicle than  real filter.  FarmFreshMusic,
for example lists its goals as  "1.  To help artists get signed with a
record  label.    2.   To  help  record  labels   find  great  artists
efficiently.   3.  To help  music lovers  find the  best music  on the
Internet."  Note who comes third.

Second, life  is too  short to  listen to stuff  you hate.   A working
system would  have to  err more  on the side  of false  negatives (not
offering  you  music  you  might  like) rather  than  false  positives
(offering you music you might  not like).  With false negatives as the
default,  adventurous users  could expand  their preferences  at will,
while the mass of listeners would get the Google version -- not a long
list  of  every  possible match,  but  rather  a  short list  of  high
relevance, no matter what has been left out.

Finally, the system would have to use lightweight rating methods.  The
surprise  in collaborative  filtering is  how  few people  need to  be
consulted, and how  simple their judgments need to  be.  Each Slashdot
comment is  moderated up or  down only a  handful of times, by  only a
tiny fraction of its readers.   The Blogdex Top 50 links are sometimes
pointed  to by as  few as  half a  dozen weblogs,  and the  measure of
interest  is entirely  implicit in  the choice  to link.   Despite the
almost  trivial nature  of  the input,  these  systems are  remarkably
effective, given the mass of mediocrity they are sorting through.

A working filter  for music would similarly involve  a small number of
people (SMS voting at clubs, periodic "jury selection" of editors a la
Slashdot,  HotOrNot-style user  uploads), and  would pass  the highest
ranked recommendations  on to progressively larger  pools of judgment,
which would  add increasing degrees  of refinement about  both quality
and classification.
 
Such  a  system won't  undo  inequalities  in  popularity, of  course,
because  inequality appears  whenever  a large  group expresses  their
preferences among  many options.  Few weblogs have  many readers while
many have few readers, but  there is no professional "weblog industry"
manipulating  popularity.   However,  putting  the  filter  for  music
directly in  the hands  of listeners could  reflect our  own aggregate
judgments  back  to  us  more  quickly,  iteratively,  and  with  less
distortion than the system we have today.

- Business Models and Love

Why would musicians voluntarily put new music into such a system?

Money is  one answer, of  course.  Several sorts of  businesses profit
from music  without needing the artificial scarcity  of physical media
or  DRM-protected  files.   Clubs  and  concert halls  sell  music  as
experience rather than  as ownable object, and might  welcome a system
that  identified  and marketed  artists  for  free.  Webcasting  radio
stations are currently  forced to pay the music  industry per listener
without extracting fees from  the listeners themselves.  They might be
willing to  pay artists for  music unencumbered by  per-listener fees.
Both  of  these solutions  (and  other  ones, like  listener-supported
radio) would offer at least  some artists some revenues, even if their
music were freely available elsewhere.

The more general  answer, however, is replacement of  greed with love,
in Kevin  Kelly's felicitous  construction.  The internet  has lowered
the threshold of publishing to the point where you no longer need help
or permission to distribute your  work. What has happened with writing
may be possible with music.  Like writers, most musicians who work for
fame and fortune get neither, but unlike writers, the internet has not
offered wide distribution  to people making music for  the love of the
thing.   A  system that  offered  musicians  a  chance at  finding  an
audience outside the professional system would appeal to at least some
of them.

- Music Is Different

There  are obvious  differences here,  of course,  as music  is unlike
writing in several  important ways.  Writing tools are  free or cheap,
while analog and digital instruments can be expensive, and writing can
be done  solo, while music-making is  usually done by  a group, making
coordination much  more complex.  Furthermore,  bad music is  far more
painful to  listen to than bad  writing is to read,  so the difference
between amateur and professional music may be far more extreme.

But for all  those limits, change may yet come.   Unlike an article or
essay, people  will listen to  a song they  like over and  over again,
meaning that even a small  amount of high-quality music that found its
way from  artist to public  without passing through an  A&R department
could  create  a  significant   change.   This  would  not  upend  the
professional music  industry so  much as alter  its ecosystem,  in the
same way newspapers now publish  in an environment filled with amateur
writing.

Indeed, the world's A&R departments would be among the most avid users
of any collaborative filter that  really worked.  The change would not
herald the death of A&R,  but rather a reconfiguration of the dynamic.
A world  where the  musicians already had  an audience when  they were
approached by professional  publishers would be considerably different
from the system we have  today, where musicians must get the attention
of the world's A&R departments to get an audience in the first place.

Digital  changes  in  music  have  given  us  amateur  production  and
distribution, but  left intact professional control of  fame.  It used
to be  hard to record  music, but  no longer.  It  used to be  hard to
reproduce and  distribute music, but no  longer.  It is  still hard to
find and publicize good new music.   We have created a number of tools
that make filtering  and publicizing both easy and  effective in other
domains.  The application of those tools to new music could change the
musical landscape.

-=-

* WiFi and VoIP =========================================================

There's been lots of interesting conversations and feedback around the
Zapmail essay (http://www.shirky.com/writings/zapmail.html), which was
pointed to by over 350 different weblogs and sites. In that essay, I
pointed to the symbiosis between WiFi and Voice over IP in home and
office setups. Several readers pointed out the possible symbiosis
between WiFi and VoIP for mobile telephony as well, by using WiFi
access points to carry voice traffic from mobile phones in congested
urban areas, possibly putting those access points into payphones,
whose use is declining precipitously.

Pocketpresence.com is working on putting VoIP in a PDA, as is
Telesym.com. Meanwhile, from the it-might-be-vapor department,
Motorola, Proxim, and Avaya are announcing wireless roaming that can
jump between cellular networks and WiFi. 
  http://www.nytimes.com/2003/01/14/business/14MOTO.html

And in the Wifi-is-a-product-not-a-service department, Technology
Reports suggests that Starbucks in the Bay Area may be so bathed in
freely available WiFi signal that patrons do not need to use their
for-fee TMobile service.
  http://technologyreports.net/wirelessreport/index.html?articleID=1452
    (via the incomparable boingboing.net)

* Worth Reading =========================================================

- Open Spectrum

David Weinberger has put together an absolutely terrific pair of
papers, and essay and a FAQ, on Open Spectrum, drawing on the work of
Jock Gill, Dewayne Hendricks, and David Reed.

The essay is at:
http://www.greaterdemocracy.org/framing_openspectrum.html
The FAQ is at:
http://www.greaterdemocracy.org/OpenSpectrumFAQ.html

Along with Kevin Werbach's earlier white paper on Open Spectrum for
New America (http://werbach.com/docs/new_wireless_paradigm.htm), there
is now enough non-technical literature to move the conversation from
the technical realm to the policy realm.

* Query: Research on Economic Loss from Protected Information ============

Elliott Maxwell asks:

  "I'm trying to find anything good that's written from an economic
  perspective on the effects of loss of access to protected
  information on innovation and economic growth.  There is lots of
  anecdotal evidence, but if you know of anything systematic and/or
  empirical it would be great."

In light of Eldred, this is _the_ question. Edward Rothstein, in an
attack on Lessig in Saturday's New York Times, asked "What harm have
we come to from copyright extension?"  and the answer, of course, is
"We don't know." (Rothstein's piece is at
http://www.nytimes.com/2003/01/18/arts/18CONN.html)

Because we can't directly demonstrate the loss of things that didn't
happen, we need examples of loss from other systems where information
became too atomized or controlled. Route 128 versus Silicon Valley,
Japanese versus American manufacturing, anything that helps illustrate
the point concretely.

If you have any pointers, send them to me and I will forward them to
Elliott (and point to the paper when it appears.)

* End ====================================================================

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2003, Clay Shirky