The Final Nail: Record Labels May Be Sealing Their Own Coffins

It has been almost ten years since the Recording Industry Association of America (RIAA) brought a lawsuit against Napster on the grounds of copyright infringement. At the time it was considered unjust to allow citizens to "steal" music that rightfully belonged to recording artists and record labels. Now, nearly a decade later, it is a citizen who is claiming that the RIAA is unjust, and that such lawsuits are unconstitutional. Joel Tenenbaum, a 24 year old graduate student at Boston University, was charged with downloading seven songs from a file-sharing network in 2005 and, as a result, may be facing over $1 million dollars in penalties. On his side, however, is Harvard Law School professor, Charles R. Nesson. Probably most famous for his defense of Daniel Ellsberg in the Pentagon Papers Case of 1971, Nesson is the co-founder of the Berkman Center for Internet and Society, a Harvard Law School research center that focuses on the legal study of cyberspace. So, could this be it? Could this be the final nail in the music industry's coffin, as far as their attempts to hold on to legal ownership of recorded material goes? If the counterclaim that Nesson filed less than three weeks ago is successful in overturning the case against Tenenbaum then it could be cited over and over again in other cases concerning illegal music downloading, or "copyright infringement." So, provided that the decision comes back in Nesson's favor, the RIAA will have to seriously reconsider the way in which they attempt to prevent the public from downloading music for free. In order to better assess this case, as well as the possible legal ramifications that it could lead to, I searched through the blogosphere for relevant and intelligent posts. The first one that caught my eye, entitled "Effort to Show RIAA Lawsuits are Unconstitutional" was written by Brian Lee Cober, attorney at law, and posted on his blog "Musiclawyer Musings." In his article, Cober, who has an emphasis in music business, discusses what Nesson's arguments will most likely be in the case, based on statements that he has already made, and explains what exactly makes the RIAA's lawsuits unconstitutional. The next piece that I decided to analyze came straight from the source, The Harvard Crimson Online Edition. In it, Crimson Staff Writer, Helen X. Yang, examines the case in a very unbiased manner, providing plenty of insight as to what is at stake in her article, "Nesson, Harvard Law Professor, Sues RIAA." After reading both of these articles, I decided to comment on them in hopes of gaining even more information on the subject, as well as to express my own questions and opinions. Both of these comments are shown below.

"Effort to Show RIAA Lawsuits are Unconstitutional"
Comment:
First of all, I would like to thank you for discussing the legal aspects of this counterclaim lawsuit by analyzing what Nesson himself has said on the matter. It is clear by your post that you have a clear and intelligent understanding of this case, and you make it much easier for the layman to understand. I find it humorous that you observe how "In the past, it's been noted that the RIAA has curiously avoided suing any Harvard students, with one of the theories being that Harvard had made it quite clear to the RIAA that it would fight back hard." Also, as I am sure you will agree, I find it to be quite commendable that Nesson took the offensive in seeking out a student from Boston University to represent. Before reading your article, I had not considered the broader implications involved with this case, and simply looked at it in terms of whether or not the record labels had the legal right to claim ownership of digital music files. Now that I take a step back, however, I see how dangerous it can be for the Court to "put the act of enforcing the criminal statute in the hands of a private body (the RIAA) who uses it for profit motive in being able to get hefty fines." As we progress into the digital age it is important to recognize the "inherent dangers in allowing a single interest group, desperate in the face of technological change... to march defendants through the federal courts to make examples of them." I would like to ask you, however, what you think the RIAA should do about their current situation, given that they have lost billions thanks to the sharing of digital music files. Looking at the metaphor that Nesson gives about a ridiculous, and unjustly implemented speed limit, it is clear that the current system needs to change. Nevertheless, it is also apparent that some sort of regulations are necessary for speeding drivers, and the same may be true of file sharing, otherwise the music industry as we know it could fly off the road and burst into flames.

"Nesson, Harvard Law Professor, Sues RIAA"
Comment:
To start with, thank you for providing your readers with an extremely unbiased view of this case, which involves a professor from your own educational institution. From what I can see, the key concern in your article is not simply that the RIAA seems to be charging illegal music downloaders vast amounts of money, but WHY they are doing so. As you say, "According to RIAA spokesperson Cara Duckworth, the amount sought from Tenenbaum is undisclosed and left to the judge’s discretion, though Tenebaum may face over $1 million in penalties," and that is for downloading seven songs! The interesting part is that it seems fairly obvious to everyone involved that $1 million dollars is a completely unrealistic sum to charge considering the offense. Instead, the purpose of these outrageous numbers is to force those being prosecuted to settle out of court at a price which the RIAA can pretty much set at whatever they want. As you quote Nesson saying, "Often, the accused in copyright infringement cases do not understand the charges against them and cannot afford an attorney, so they pay the amount the RIAA demands without ever reaching court." Not only that, but they use these high numbers as a scare tactic, “The situation is absurd,” Tenenbaum said. “It was never about the money. It was about creating a scary situation to deter others." On the other hand, however, you point out that the music community has had to endure thousands of layoffs and billions of dollars in losses in just a few short years, primarily due to the exact kind of activity in which we found the defendant actively engaging. Given these facts, and that both sides seem to have legitimate arguments, do you think that this court case will result in any sort of a definite decision concerning the future of digital music downloading, and whether or not it is legal?

The Metamorphosis: A New Way to Consume Music

In these times, it would be impossible to examine the music industry in an intelligent way without looking extensively at how it is being affected by digitalization, an issue that I myself have brought up several times already within various blog postings. The way in which the music business works is shifting entirely to a different format and, whether we like it or not, the change is completely inevitable at this point. The good news is that finally, almost ten years after the Recording Industry Association of America (RIAA) brought a lawsuit against Napster for copyright infringement; it appears as though the major corporations are attempting to work with the transition rather than fighting against it. This does not mean, of course, that other forms of musical consumption will be disappearing anytime soon. In their article, "Pathways to Music Exploration in a Digital Age," Eszter Hargittai, associate professor in the department of communication studies at Northwestern University, and Steven Tepper, assistant professor in the department of sociology at Vanderbilt, make the point that "despite the increasing availability of digital media, people will be slow to take hold and cultural consumers will continue to rely on traditional mass media as important sources for the discovery of new music." The fact still remains, however, that the way in which we consume music is changing drastically, and I would like to explore how this may be occurring as we move further into the digital age.

First of all, one must consider the vast quantity of music that digitalization makes possible. Hargittai and Tepper write, "Digital storefronts like iTunes, Napster, Rhapsody, and MusicMatch offer upwards of three million tracks-the equivalent of about 300,000 CDs." Yet, even with this surplus of available songs, services such as these are not doing well. Paul Resnikoff, the founder and publisher of Digital Music News, reports in one of his posts, "The Power of Context: Can Music Stand On Its Own?" that "The iTunes Store has sold more than five billion downloads since 2003, but the real money for Apple has always been in hardware. Meanwhile, almost every other online store has been marginalized and punished with weak volume." The problem is, once again, illegal music downloading; not many people are actually using these service due to the ease in which they can acquire the same songs for free. Illegal or not, however, the general population is now consuming their music from sources in which there are a dizzying number of options to choose from, and in response bands must change the way in which they market themselves. For one thing, I believe that this new format could point in a positive direction as far as live shows and festivals are concerned. In an industry where record labels are becoming less important and there is such a massive amount of music readily available to choose from on the internet, it is increasingly necessary for a new band to "get their name out there" on their own since there is a greater chance that a corporation will not be able to do it for them. So, if bands want to stand out as acts that people want to download it would be in their best interest to perform whenever possible to create a fan-base.

One way that consumers may respond to the digitalization of music is by focusing more on the context through which the products are presented to them and less on the content of the songs themselves. A good example of what I mean by this is the way in which people pay for ringtones. As Resnikoff says, "A ringtone is worth money because it expresses who you are.... An MP3 is worth nothing because it's a static piece of content." In other words, the music industry needs to discover ways of presenting their products to online users in interesting ways that cause them to want to pay for their music as it helps them to form an identity. As more young people are spending vast amounts of time interacting with one another on the internet, people like Eric Wahlforss, co-founder of SoundCloud, a new music sharing and distributing platform, claim, "That social networks are turning into... modern radio channels... where young people tune into... the context that's in there. They are not just listening to the music isolated in itself." So, it becomes more about the presentation of the product that entices the buyer to spend their money. Although, so far, the digitalization of music has not even come close to repairing the enormous fiscal damage done by the ravaging of the CD's importance, it is interesting to see, first hand, a way that "new inventions in the way sounds, images and texts are produced and captured have changed the way that artists and writers work, leading to new styles... and forms... of expression" (Hargittai and Tepper). Not only has the new medium, through which musicians must work now, changed the way that they produce their material, it has affected the way in which listeners find, access, and relate to it as well.

Bear Market Blues: The Effect of an Economic Crisis on Music Festivals

As we are all aware, there is currently an economic crisis plaguing the United States as well as most of the world. Obviously, in times like this, many are forced to make certain financial sacrifices by spending what they have on necessities, and dismissing other, more pleasurable wants and desires. Unfortunately, this means that the time and money it takes to attend most music festivals is no longer affordable to numbers of potential patrons. While pondering how, and to what degree music festivals would be affected by the crisis, I decided to search through the blogosphere in an attempt to find some answers. What I found, however, was not a simple, cut and dry explanation. Using two excellent sources in particular, (both of which were published on October 24, 2008), I became aware of some very interesting, and very different theories as to what the outcome may be. The first post I looked at is entitled "Bands at New York's CMJ Music Festival Eye Economy" by Robert Gibbons, a reporter for the news service Reuters Group Limited. In his article, Gibbons focuses specifically on a particular festival put on in New York City by the College Music Journal and how the bands as well as the fans have been affected by the economy as far as attendance is concerned. Then, in addition to Gibbons' piece, I looked at an optimistic post by Dan Ruby, a writer for the Festival Preview website, entitled "Why Festivals Will Survive the Coming Recession." In it, Ruby discusses how, although some festival's sales fell during this last summer, the current economic difficulties may have done some good for the music community in the long run. Also, since both of these posts were written after the end of 2008's "festival season" (summertime), I compared both different outlooks on what's happening and what's to come with what was predicted by Steve Knopper, a writer for Rolling Stone, in his article "Gas Prices, Economy Shake Sales for Summer Tours" which was published in July, at the height of the time in which these events normally take place. After looking at the different aspects of each viewpoint I commented on both of these writer's posts, and have provided those comments below.

"Bands at New York's CMJ Music Festival Eye Economy"
Comment:
Thank you for forming an interesting and informative argument concerning the effects of our current economic struggle on the world of music festivals. I think that you make an excellent point on the matter pertaining to the "music industry's dramatic transformation." Given that artist's work is being so easily downloaded for free, whether illegally or not, they must make the majority of their profits some other way now, and it makes logical sense that ticket sales from live shows would be their next biggest means of earning. Plus, they always make quite a bit by selling merchandise at their events as well. The concern that arises from this new structure of the industry is, as you quote Matt McDonald, the vice president of CMJ Network as saying, "Are people still going to have the entertainment budget to go out, spend money for tickets and beer, merchandise from the band? That's certainly a big question." As the economy plummets, and the average citizen is forced to regulate their budget, will people still come out for shows and festivals like they did before? In July, Steve Knopper of Rolling Stone reported that "gas prices are eating away at the summer-concert business, with top festivals and tours taking unexpected box-office hits over the past few months." According to these findings it would appear as though festivals truly have gone into a slump along with the economy. On the other hand, however, many legitimate sources that I looked at concerning the subject reported that there were more music festivals in 2008 than ever before. So even though the numbers at some festivals are lower, they could be accounted for elsewhere. Looked at from this point of view it seems possible that the attendance of fans is not the biggest issue here, but rather the other problem that you bring up, the cost of traveling for the bands. As you say, "Higher costs, including gasoline, food, hotels and equipment, have cut into an already slim profit margin for up-and-coming acts." If this is the case, that crowds are spread so thin by the increased amount of festivals coupled with fans' lack of funds to afford the shows, that bands are not making enough of a profit to even play, then that could have a serious problem.

"Why Festivals Will Survive the Coming Recession"
Comment:
First, let me thank you for retaining such a positive attitude toward the future of music festivals. I have been researching what various bloggers think about the effects of the current economic crisis in relation to these events, and most of them have been very pessimistic. I must admit that I myself was rather skeptical when I started reading that 2008, in actuality, had more festivals than any year before given all the reports about how ticket sales have been down. As Steve Knopper of Rolling Stone reported all the way back in July, "In a year with more festivals than ever, the biggest have endured sales dips for the first time in years." Given the soaring gas prices, especially over Summer, it seems logical that festival organizers would want to put on more events so that they would be more easily accessible from further locations. As you say, "the dynamics in the music business motivated national promoters to aggressively move into new geographical markets with new festival brands." Also, you claim that "the next year or two will see retrenchment followed by continued growth in subsequent years." My question is whether or not you think that these new festivals which have sprung up will flourish as well, or will their respective audiences return to the larger, more well-established events once the recession has ended? In addition, do you believe that it might be possible for the festivals to be spread too thin? If there are so many that none make a large enough profit then a few years could be all that it takes to close a number of them down. In the end though, I completely agree with you that festivals will continue to thrive if for no other reason than the fact that they are relatively cheaper to attend than concerts, as well as the calling to "the continuing attraction of 'the festival lifestyle."

Hail to the Thief: Popular Music in the 2008 Presidential Election

Earlier this week I was scanning the blogosphere in search of my next topic concerning the contemporary music festival scene, and I began to notice a general trend throughout the various posts that I was reading. Actually, as the United States moves closer and closer towards the month of November, one could say that the nation as a whole has adopted a propensity toward the subject that I saw mentioned repeatedly during my search. I am talking, of course, about politics. With such a historical election drawing near, there is no denying that the country is absolutely captivated by what has been happening with the Obama-McCain presidential race, and cultural events such as music festivals are certainly not exempt from these societal proceedings. Several of the blogs that I read through mentioned, to some degree, how many of the recent concerts being put on by various musicians have been extremely political in nature, with the acts publicly endorsing one candidate or another during the show. This recent development got me thinking about the history between politics and popular music. From Woodstock, to Bob Dylan, to Bruce Springstein, to Rage Against the Machine, it has truly had a strong impact on the democratic process within the United States for several decades now, and 2008 is no different. Keeping this in mind, I decided to explore the ways in which popular music has been used in this particular election, and how it may ultimately affect its outcome.

The largest issue concerning popular music and the current campaigns of both political candidates is the accusation that McCain (and the Republican Party) has been using songs against the wishes of the artists whom created them. As reported in the article "John McCain and Sarah Palin: Music Thieves" on the Evolving Music Blog, McCain's camp has now used, "without permission and frequently with strenuous objections by the performers, songs by Heart, Foo Fighters, Jackson Browne, John Mellencamp, [etc.]. What's worse is that they aren't limiting this illegal use to just playing the songs on campaign stops... they've gone so far as to include a few in television ads." The most famous of these incidents occurred in August when Browne not only demanded that his 1977 hit song "Running on Empty" be removed from a pro-McCain advertisement, but even went so far as to sue McCain for copyright infringement. As the Senator from Arizona struggles against the disapproval of these artists, however, Obama not only seems to have many of their support, but several songs have even been created by popular artists to promote him as a candidate. In his article, "Trying to Make a 'Change' Through Music," Michael Ventre, (a frequent contributor to msnbc.com) quotes Steve Appleford, a music critic who has written for publications such as Rolling Stone and the Los Angeles Times, speculating that this could have "something to do with Obama being a fairly young candidate who speaks the language of some of these young artists."

The question is, does the political stance of such popular musicians affect the campaigns of these presidential hopefuls by influencing public opinions? One could argue that the way in which public figures, especially those that are revered as many of these artists are, interact with the candidates in question could have a very important impact indeed. The public perception of the McCain campaign may become somewhat tarnished, for example. Not only because people like the musicians that disapprove of his usage of their songs, but also due to the aesthetical incongruity felt by voters that the principles which McCain's campaign are based on are undermined by his careless thefts. As the Evolving Music Blog puts it, "They've run their campaign on the idea of honesty, transparency, and a return to basics... then why are they blatantly, without permission and regardless of the wishes of the musicians, using songs they have no right to use throughout their campaign?" Also, during a recent speech given by McCain in Woodbridge, VA, he made yet another musical blunder. Before taking the stage, the Republican candidate played the song "Only in America" by Brooks and Dunn in order to "charge up" the crowd. As Bob Greene reports for CNNPolitics.com (in his article, "McCain's Mystifying Music List"), however, this is "The song Sen. Barack Obama has been using at his rallies all year. [And] It has become inextricably identified with his campaign." So, as McCain takes the stage, many of those in attendance at his rally are either blatantly or subconsciously reminded of his opponent. As for Obama, his good name within popular music should help him to solidify America's voting youth. Presumably less concerned with dry, political issues, the younger age bracket may find themselves inspired by the message within a song that encourages them to go out and vote. As Appleford puts it, "It might reach a few people that would not otherwise be engaged in politics... But the main purpose is to give a rallying point for people. A song, whether it's about politics or something else, emotionally connects with people. A song comes out and people feel that it reflects how they really feel."

Vibrations Through the Web: Sites to Help You Feel the Music

About two weeks ago I spent quite a bit of time searching the Internet for good blog postings on the topic of Internet service providers and the future of online music. While attempting to heighten my knowledge and understanding on this particular subject, I found myself immersed in a sea of excellent sources for all things music. In particular, there were twenty websites that I found to be especially insightful, (now included in the linkroll to the right), allowing for a deeper, rounder understanding of music festivals, the music industry, and the things which are discussed in this blog. In order to ensure that the websites my blog link to are of the highest quality I attempted to judge them based on the criteria put forward by the Webby Awards, as well as the IMSA. In doing so I assessed the content, structure and navigation, visual design, functionality, interactivity, and overall experience provided by each site. I have also taken the time to evaluate the strengths and weaknesses of each source on an individual basis and will discuss them below.

The websites that I have listed in the linkroll could very easily be split into two groups of ten. One of these collections, which I will analyze first, only contains websites that pertain to one particular music festival, and mainly discuss issues concerning that specific event. That being said, these festivals were not chosen at random, but are rather an assembly of many larger, more well-known occasions that are strewn across the United States. Unfortunately for the purpose of this posting, "festival season" is just coming to an end. Summer is classically the time when people attend them given the weather, and the freedom to do so for many young people. It is very unlikely, however, that any of these event's websites will change between now and next summer. In fact, it is very possible that the links to them will remain useful for many years to come. The first of such websites I will discuss is Coachella. Offering all sorts of interactive options such as a virtual tour through the gigantic venue, an extensive photo gallery of the performers and fans alike, live webcasts, and pretty much any other feature you could want out of a music festival's website, it is little surprise that Coachella's site won the title of "Best Festival Website" on MelodyTrip's first ever Festies, "the first annual US music festival awards." Indeed, it was difficult to find anything wrong with the site belonging to the annual extravaganza that takes place in the tiny town of Indio, California. The same could not be said for another festival's website, however, Milwaukee, Wisconsin's Summerfest. While the 11-day event's website is not particularly bad, I found the layout of its homepage to be extremely awkward with a gigantic picture taking up most of the space. All of the necessary applications were there, one just has to look past the clumsy and unattractive setup. Another example of a website that, once again, contained all of the proper services but suffered due to a poor homepage was that of the Virgin Mobile Festival, which looked as though the event's lineup had literally been smeared across the screen. Another site that I found to be rather dull was the Vans Warped Tour page. Although boring, it was very easy to use and offered some exceptional features such as the video blog and a "pit reporter." Quite possibly the most visually outstanding website I looked at was Lollapalooza's. With a multitude of fun effects and graphics, it was truly a pleasure just to search around. Unfortunately all those add-ons seemed to slow the page's loading speed which caused some frustration. Another site that I found aesthetically pleasing and also very easy to operate was the one belonging to Bonnaroo. This event not only has musical acts, but also celebrates comedy, cinema, and art, which the website shows very clearly. When one surveys the Bonnaroo site, they may be drawn in by the warm colors, silly cartoons, and light feel that its page exudes. In stark contrast to this is the Ozzfest website. Ozzfest is meant to appeal to fans of hard rock and metal music and, considering the general feel that the digital bones and chains have given to their page, I'd say that they are doing just that. Definitely one of the most amazing things that I witnessed on any of these web pages was the "ultra-zoomable festival crowd shots" that you can check out on the Austin City Limits Music Festival site. Basically, it allows one to zoom in on someone in a photo from a distance and still be able to see them clearly. The last two festivals whose sites I analyzed take place in Seattle, Washington. First I looked at Bumbershoot's page which I will use as an example for how all of the websites I mention above are very similar in nature. The reason I chose all of these sites for my linkroll is because they all present the necessary information one needs for a good music festival web page in creative and interesting ways, it's just that some do it better than others which is why I mainly focused on their layouts and how simple they are to use. The one exception to this is the website for The Capital Hill Block Party (also in Seattle), which is basically just a MySpace page with some bare-bones information and some really good videos, but I think that it serves as a good example of what a credible website can look like for a smaller festival.

This other set of ten websites do not focus simply on one particular music event each, but deal with broader aspects of the music industry. Pitchfork, for example, is a great source for news occurring in all musical genres, and it would be very useful for obtaining a general overview of the major events going on. If one wanted to continue searching for more information concerning festivals in particular, however, other sites like Rolling Stone: Festivals and Indie Rock Cafe both contain news pertaining to all major music festival events. Also, both have a very easy-to-use archive feature to look up old stories. As far as the business side of the music industry goes, the site Music Industry Today allows you to search for the most up-to-date news by topic, or even by country. Also, as I wrote about in one of my previous blogs, everything in the world of contemporary music is changing due to the fact that we can now download songs digitally, and websites such as Online Music News can help us to keep up with what that means in an ever-evolving industry, (despite the fact that it has far too many advertisements cluttering it up). While some websites like Online Music News are reporting on these subjects, however, others are actively trying to shape and mold what the music industry is becoming. The Future of Music Coalition, for example, has a mission statement claiming that they are "a national non-profit education, research and advocacy organization that identifies, examines, interprets and translates the challenging issues at the intersection of music, law, technology and policy," and offer a number of ways in which one can get involved with their cause. Of course, another great way to get your voice heard is through blogging, and there are some great professional blogs dealing with issues in the music industry that can be commented on such as the Virgin Music Blog and the Jaded Insider. Also, if one wanted to write to a very well-constructed blog with a better chance of actually receiving an answer from the author, I would suggest the Sentric Music Blog, which exists in order to "tell unsigned bands the vital facts they need to know about the music industry." Then, there is always the peer-to-peer blogs in which everyone is equal, like the Archive for the 'Music' Category on p2pnet. This website has a very sloppy setup, but at least everyone can get their voice heard. I know that my understanding of music festivals and the music industry has been greatly broadened by these 20 sites, and I hope that others who visit my blog will learn from them too.

Music's Online Future: Regulated by Internet Service Providers?

As I mentioned in last week's post entitled, "The Oasis: A Place of Simple Pleasures in a Digital Age," the music industry is currently undergoing a drastic process of reorganization as major labels are desperately scrambling to ensure their "piece of the pie" in the new, technology-based world of popular music. The core of the dilemma currently being faced by these large corporations is, of course, illegal music downloading. While searching the blogosphere for more information on the subject, I continually came across posts concerning the issue of internet service providers' role in how music downloading should be regulated on the internet, and found it to be a very compelling question.

The issue appears to have first been reported on back in March as EMI, Sony BMG, Vivendi Universal, and Warner Music, (also known as the "Big Four" labels), took legal action against the largest internet service provider in Ireland, called Eircom. The grounds on which the lawsuit was based had to do with the "Big Four" accusing Eircom of allowing copyrighted material to pass through their network, encouraging illegal downloading. Now the corporations are attempting to require internet service providers to cleanse themselves of all copyrighted material. Eircom is only the beginning.

This new approach to battling illegal music downloading could potentially lead to deep, long-lasting ramifications in the music industry, which would greatly affect the popularity and function of music festivals in society. Given that, I decided to search out and comment on two separate blogs on the subject, to see what others out there were thinking, and to contribute my own thoughts on the matter. The first post I commented on was entitled "Big Music Targets You!" written by Jon Newton, the founder and editor of p2pnet, a news service focused on digital media and file sharing. In it, Newton claims that this is an attempt by the corporations to "gain total and exclusive control of how music is distributed online." The other post I responded to is entitled, "Are You Taking the ISP?" from the Sentric Music Blog, which focuses more specifically on how this issue would affect how much control internet service providers will gain over our personal information if we allow them to regulate and filter what we do. The comments I sent can be found on the appropriate blog, as well as being posted below.

"Big Music Targets You!"
Comment:
I would like to thank you for laying out a clear, well-constructed analysis of the issue concerning internet service providers and big business' attempt to gain more control over online file sharing. It is obvious that you have a very sophisticated understanding of the deal being proposed, and what it would mean within the music industry. Clearly very few people outside of the big businesses themselves like the idea of being more heavily regulated, especially when it comes to something they're already getting for free. My question for you however, is not whether this adjustment in the world of online music will cause more difficulty in attaining free music files, which it obviously will; but rather, how will it effect the quality of popular music? If one were to stop and take a look at record sales from last year (2007), they would see that the top five album-selling artists were, in order of first to fifth: Chris Daughtry, Akon, Fergie, Hannah Montana, and Carrie Underwood. Obviously, if one knows anything about contemporary music, they will find this grotesque and appalling. That means the top five artists, as far as record sales are concerned, included two R&B singers with questionable talent, a fifteen year old from the Disney Channel and, dare I say it... two contenders from American Idol! Clearly popular music is in a whole heap of trouble. Of course, there are undoubtedly a number of reasons why this has happened, but I would like to suggest that illegal music downloading is partly to blame. The problem is that the majority of people who listen to good music these days are downloading it illegally. That means that the major labels are throwing all of their money into promoting the acts they think do have a chance of selling. Unfortunately, that leaves their target demographic at a place less than to be desired. In other words, I would say that young adults are controlling the market right now, and not only that, but since the record companies know that's what is selling, the media has become saturated with advertisements and promotions for such acts. So, my question is, do you think that if the major record labels force internet service providers to regulate their networks so that many people have little choice but to buy their music again, it will return some dignity to the face of popular, contemporary music?

"Are You Taking the ISP?"
Comment:
First of all, I want to thank you for attempting to view this subject with some amount of objectivity. Unfortunately, most of the blogs I searched through while attempting to gain more insight on the matter of internet service providers becoming regulated simply shot the idea down without even discussing the pros. It's like you hint at in your post, one of the key reasons why so many people download illegally is because it is so simple to do now, and it can be done so quickly. If the internet service providers began restricting the bandwidth of those caught downloading illegally however, it would undoubtedly impair their desire to do so again. What really concerns me about the whole thing is the issue of privacy. I like your quote, "If the ISP's are expected to start checking our downloading habits then we are getting a step closer to that inevitable Orwellian future that we all know will haunt our grandchildren? Someone quite rightly suggested what the government is proposing is similar to asking the Royal Mail to monitor the content of every envelope posted." I don't think that many would feel comfortable with the idea that their internet service provider was essentially spying on them. The funny thing is that the ISP's being threatened with lawsuits say they feel the exact same way, "(They) say it would be almost impossible to check and stop illegal downloaders. The industry has cited data-protection curbs that prevent them from inspecting the contents of data files." As uncomfortable as regulations may make us feel, let's face it, we have to do something. The music industry has been, and still is, taking a huge financial hit. All of the entertainment industries have. I suppose the question that we all have to ask ourselves is, how important is entertainment to us? At what cost are we willing to save it, to prevent the movie and music industries from crumbling? Can we accept the thought of paying for our favorite songs again? I suppose that only time will tell.

The Oasis: A Place of Simple Pleasures in a Digital Age

It may seem somewhat ironic to create a blog dealing with issues relating to music festivals. These social events are, after all, one of the western world's last remaining escapes from the grip of technology. The point of the music festival is to give one an excellent excuse to venture out away from the computer, away from the Xbox, the TV, the email, and yes, even the blogosphere. Music festivals are meant to allow people to "get away from it all." To leave their air-conditioned homes and truly experience something. With all of the advancements we have made during the last thirty years in this "Age of Information," (which shows absolutely no signs of slowing down), one can clearly see the rising importance of the sort of "rest from technology" that something like a music festival can provide.

Another significant aspect of music festivals in the "Age of Information" is their ability to bring people together. As Robin Seamer, creator of the "Breaking More Waves" blog puts it, "Society is becoming more insular, with many sitting at home, wired into their PC's, developing a new way of socializing through Facebook, Myspace and Bebo. Modern society is losing the ability or opportunity to truly experience something with a deeper emotional or social connection. Live music still offers this opportunity, and festivals are a natural extension of this opportunity." As our civilization becomes ever-increasingly introverted on the individual level, the importance of social events that bring large amounts of people together in a peaceful manner is growingly important. Without the sense of community that comes along with the shared experiences that things like music festivals offer people, individuals will undoubtedly become even more isolated and narrow in their beliefs, with a restricted outlook on life and society.

Music festivals aren't only good for the artists performing and the people attending, however, they're also good for the surrounding community. Although, admittedly, many locals may not be particularly pleased when tens of thousands of people descend upon them for whatever the event may be, none can deny the boost it gives the local economy; especially in rural communities where many of these festivals take place. In addition to generating money for neighboring businesses, many festivals also donate a percentage of their earnings to worthy causes as well. As reported on the "Buzz Radio" blog, the upcoming event, "The Detour Festival," which will take place on October 4th in downtown Los Angeles, will give, "A portion of (the) proceeds from the $40.50 ticket price will benefit the non-profit organization Tree People, which works to find sustainable solutions to urban ecosystem problems."

As we all know, the music industry is changing rapidly before our eyes due to digital music downloading capabilities and products such as the IPod. As this mutation is occurring, music festivals are just as quickly becoming havens for music lovers. If things continue going the way they are now, then the record labels will continue to lose money, meaning less artists can be signed, meaning that less bands will receive wide distribution and radio play. If this happens then music festivals will become even more important as they will be one of the final places to go and experience a multitude of musical options without becoming lost in a virtual sea of talentless acts who post themselves on the web. Meanwhile, however, if these festivals become a more prominent feature in our culture we must be sure and keep them from becoming too corporatized, as it says in the "Blog for Music, Singers, Songs and More," "...overcrowded or commercial festivals tend to put people off, and give music festivals a bad name in the process."

All of the things I have written about music festivals are true: they do give people a break from technology, they do bring us together to celebrate something cultural as a society, and they do support local economies as well as giving to good causes. So, one may be wondering why the topic of the first post ever in this blog seems to be nothing short of an appeal to the reader over the legitimacy of the theme: music festivals. Well, in truth, that is exactly what it is. If one were to use the term "vacation," it may not seem like a matter of much importance. In reality, however, taking some time off from the hustle and bustle of contemporary, western society can be very significant. It allows for one's "batteries to charge," for their head to clear, and for their mind to focus. At first glance, the seemingly dispensable music festival may appear unworthy of a blog's attention. Those of us who retain joyful memories of our experiences at them know differently, however. We know the feeling of freedom and the sense of inspiration that can strike you and change you upon attendance, and we wish for you to experience that with us.