Archive for February, 2006

The failure of the music industry

February 24, 2006

I am going to try not to suggest blame, but a topic I speak about quite a bit is the poor job the majors do in building long and cordial relationships with its partners.

I look at eBay as an example of a company that plays well with others.  They have created an ecosystem where, at least in theory, everyone wins.  eBay, its sellers, its buyers, the insurance companies, the automatic bid software and it’s retailers are all aligned (at least within degrees).  The reason is that if expressed this way or not, they all are making money (or getting good deals) by reducing friction for auctions/pawn shops.  I guess, pawn shops don’t love ebay, or the salvation army, but their little (big) world does.  The reason – said differently – is that they all have the same end goal.

The majors have had problems because this is NOT the case for them.

It begins with their artist relationships and lack of cohesion in their respective business models.  Not to belabor a mostly known point – but.  The label traditionally makes money from master recordings and derivatives.  Artists make money from master recordings, shows, merchandise, acting – whatever they want and are able to do.  This by the very definition of capitalism creates an inbalance and a problem in the relationship EVEN if people are dealing with integrity and honesty (which many times is not the case).  The incongruity of this situation is horrendous to the industry and can be best illustrated through an example:

If a VC invests in Xingtone, they invest in Xingtone corp – NOT an individual product line.  Again, assuming honesty and integrity, Xingtone and our VC will be on the same page.  If a year from now we kill product line ‘A’ to focus on product line ‘B’ – we are all aligned.  If however a VC, when they invest in Xingtone only invest in ONE product we, by the very definition will be focused on different value drivers.  So, if our VC owns a piece of product ‘A’ but not ‘B’ and for the good of the COMPANY we decide to kill product ‘A’, we are screwing the VC and of course they will not let that happen – so we are at an impasse. 

The music industry has to deal with this everyday.  If an artist wants to give away CDs to promote its tour, merchandise, ringtones, etc… THEY CAN’T.  They and the label are not on the same page.

So one lesson, in all business dealings, make sure you and your partners are aligned.

But this issue is just the beginning.  Music is rarely the primary driver for a partner – it is a secondary value propostion – this leads to great relationships up front and significant problems down the road.

A number of examples:

MTV: MTV helped build the music business by taking videos and playing them for the world to see.  This was a boon to the music business – no cost advertising and marketing.  At first, this relationship was great – MTV wanted to build a cable channel and they needed content.  For the content owners it was, at the time a no brainer, let’s GIVE MTV content to play and we will sell more music.  But over time, the music companies started hating MTV because they had to beg MTV to play their videos – paying money to get into the rotation.  Over time, MTV has played less and less video and are now the poster child for building their business off the back of the music industry and ‘screwing’ them in the process.  The problem defined for purpose of this blog:  MTV never cared about music or selling music, they cared about aggregating an audience WITH music.

Radio:  See above.

Wal-mart/big box retail: Everyone wants floor space at Wal-mart so you can move units.  But overtime, wal-mart gets too much control over your business because you get dependent on the numbers they generate for you.  With music it was worse. Wal-Mart sells CDs for cheap to drive foot traffic – they do not VALUE music, they value people in their stores.  Additionally, one of the reasons the majors were slow to license digital was out of fear of pissing off big box retailers.

iTunes:  Everyone’s darling, at first.  The digital market was crashing the music business, no one knew what to do and here Steve Jobs comes to save the day.  He was going to sell music and give close to 70% of the revenue to the labels.  WOW, what a deal.  He wanted to sell content without DRM, but of course that would not be acceptable, so he built his own.  Now look, they own 70% of the market, they have sold a billion songs, and the music industry is praying that someone can break their monopoly like stranglehold.  They won’t license their DRM – their stock price/halo effect are everywhere and iPods are dominating.  The music industry is even looking to MTV and MSFT (two companies that they have had significant issues with) with the new product called Urge to save the day.  So what happened, Apple never valued the music or the industry, their primary goal was to sell iPods – NOT music.  Net to iTunes on a billion songs, just with the music licensing, is about $300 million, with transaction costs, their infrastructure, head count, legal, etc… even Steve Jobs says they ‘break even’ selling content.  It is about the iPod.

So the problem here in all of these examples is that the music industry out of desperation, short sightedness, lack of the right people in the right position, bad luck or just an overall lack of understanding in building relationships – CONTINUES to fight with their partners.

My predictions – Napster, Rhapsody and any other services that are about the MUSIC will fail or just be bit players in digital media.  Yahoo is struggling now (arguing that DRM should be pulled off) but when/if they switch to an ad driven business – look out.  The lesson here is the winners in this space, will NOT use music for a primary goal, and music will have to be happy to have secondary value.

Additionally, we are going to see this rear its ugly head with:

1) myspace – who does not care about the music (especially under fox) but are utilizing music to drive traffic and aggregate eyeballs.

2) mobile carriers – care about ARPU (Average Revenue Per Subscriber) NOT music/ringtones.

A wild card to me is Amazon – I don’t think they will do much damage one way or the other BUT until we see their offering, I am not sure what their strategy is and what it result in.

So trying to sum this up.  My belief is that the only companies in digital music who will succeed will USE music to drive primary value elsewhere and the music industry should accept and embrace this – the past has proven the future – if you accept it or not is irrelevant.

Amazon moving in

February 16, 2006

Amazon moving into the digital music game.  A good move – they took long enough, but probably irrelevant in the long run.  Amazon does about 10% of the CD market, and if many pundits are right, the CD market will be evisorated a) sooner then we think and b) ‘seemingly’ out of nowhere.  So on one hand it is a defensive move – ensure that they can still play.

Amazon does bring a couple of things to the table:

1) they know their audience – they know what people buy, have bought, etc..

2) they have a one click purchase

3) they are great data miners

4) they have other products to sell

The problems with the digital music business however are numerous.  From low margins (content owners take 70%), micro-transactions are expensive,  Apple owns 70% of it, tons of competition, working with content owners is hard, etc etc..  These issues will exist for Amazon as well – there is no way around that.

The one reason though that I do believe Amazon can work is the same reason Apple does and Wal-mart sells CDs well – music is only one part of their business.  Apple sells hardware; Wal-mart sells everything and uses CDs to build traffic in stores.  Amazon can and I believe will use a similar strategy.  They will be the industry darling – selling hardware, loaded with content, shipping with CDs, etc etc.. But ultimately, like most partners with the music business, they will be hated by the business because they do not care about music, as they shouldn’t.  They care about how music can help their bottom line.  If Amazon sells 100 million songs they will net something like 20 million dollars (give or take), a rounding error. 

If Amazon succeeds it will further prove my point that companies that succeed by retailing music succeed by utilizing music, not by believing in it.  This is not a judgment of good or bad, just the way the game is played.

Legal P2P….

February 15, 2006

I have written about my belief that legal P2P, at least as currently contemplated does not make sense to me.  What surprises me though is HOW poor it has been.  Why can’t anyone get a product out the door?  Where is Snocap?  Where is iMesh?  What the hell is going on?

Let’s assume they - SOMEONE - ANYONE - gets a legal P2P out the door.  It of course will fail miserably.  Talk about losing momentum.

Here’s a thought - Legal P2P that is ad supported.  Look at the physical world.  MTV used music to create an empire.  Wal-Mart (and other big-box retailers) uses music to increase foot traffic.  In the digital world the one success has been iTunes that uses music to sell iPods.  What we see here is no only a trend but an oppurtunity for a strategy. 

What in the digital world can music be used to do?  We see where Google is… Why not use P2P to drive advertising dollars.  Not a new concept I am sure, but where is it?  I maintain that Yahoo can and should do this (though not in a P2P space) - but where is the P2P company doing this? 

This is not a rhetorical question - I truly don’t know.  Thank G-d the music industry is really pushing the envelope… at least you can buy that new ringtone on Skype from Warner Music - yeah, that will move the needle.

This just in

February 14, 2006

The RIAA just announced that selling an iPod with your music collection on it is illegal.  Couple thoughts:

1) If you do not give the purchaser your CDs of COURSE it is illegal - amazing that we need the RIAA to tell us this.

2) If you give the CDs (THE ORIGINALS) with the sold iPod, in the same vein, it is/should be completely legal.  Couple weeks ago there was a story about someone selling iPod Videos with DVDs burned onto them.  Understanding that it is illegal to strip encyrption - I think this is perfectly acceptable behavior IF the seller ships the iPod with the original DVDs.

3) This is one of my favorite quotes of all time; RIAA president Cary Sherman told MTV.com. "That’s having your cake and eating it too. If everyone did that, [record labels] would only sell one CD." 

Could anyone who is contemplating selling their iPod with music care less?  RIAA needs to work on their messaging!

4) Is the problem here SELLING the iPod with content?  Can I give it away?

There are too many lawyers deciding this (including some running majors) and people still are not giving consumers what they want…..

Digital Music Pricing issues

February 14, 2006

It was announced that Spitzer sent more subpoenas to the labels and some digital sellers of music around price fixing, etc..

I am not a lawyer, though it seems I write a lot about legal topics, but I have to believe that there is absolutely colusion of various kinds.  If every contract has a MFN (Most Favored Nations), if every price is set at $.99…if it smells like a duck, looks like a duck, acts like a duck - it probably is a duck. 

This is true for the payola ’scandal’ as well.  Is this the first we in the industry or the consumers have heard of pay for play?  Is this a surprise?  I am not excusing this, nor am apologizing for it, I am just a little bewildered as to where the surprise and exasperation comes from.  This has been going on forever! 

Coining a phrase and perfecting the concept

February 14, 2006

I am writing this because I believe that this concept is one of the biggest drivers in the content business over the next 5 years.  In continuing to evolve Xingtone as a Company we have created a term; User Generated Commerce.  Over the last number of years with social networking, podcasting, video podcasting, blogging, video share sites, etc.. the world has seen a burst of orginal (and repurposed) content.  Too date, content has been ‘free’.  This can be seen in iTunes podcasts, sites like engadget, etc.. This obviously can also be seen in Xingtone’s mStore platform.  We provide users not only the opportunity to create/post mobile content, we empower them to monetize their content as well.

This concept of USER GENERATED COMMERCE is the next generation of User Generated Content.  I hope Xingtone can help lead this market in the mobile sphere, but either way, I wanted to go on record for coining the phrase.  Remember, you heard it here first!

Coining a phrase, if not a concept

February 14, 2006

I am writing this because I believe that this concept is one of the biggest drivers in the content business over the next 5 years.  In continuing to evolve Xingtone as a Company we have created a term; User Generated Commerce.  Over the last number of years with social networking, podcasting, video podcasting, blogging, video share sites, etc.. the world has seen a burst of orginal (and repurposed) content.  Too date, content has been ‘free’.  This can be seen in iTunes podcasts, sites like engadget, etc.. This obviously can also be seen in Xingtone’s mStore platform.  We provide users not only the opportunity to create/post mobile content, we empower them to monetize their content as well.

This concept of USER GENERATED COMMERCE is the next generation of User Generated Content.  I hope Xingtone can help lead this market in the mobile sphere, but either way, I wanted to go on record for coining the phrase.  Remember, you heard it here first!

Self Promotion

February 6, 2006

You all know I don’t use this blog to promote myself (too often) or Xingtone - but…. Here is a recent interview I did:

http://www.garagespin.com/archives/interview-with-jonathan-schreiber-xingtone-ceo.html#more

Interview with Jonathan Schreiber, Xingtone CEO

I had a chance to speak with Jonathan Schreiber, CEO of Xingtone, about their latest beta service launch, mStore.  As I mentioned yesterday, mStore allows artists to create ringtone stores for their music, and even offers a free mStore option that includes up to three songs and 50 free downloads.  (check out the no-frills GarageSpin Ringtone Store to see an example of one…hey, it’s beta, and it works).

Jonthan explains what Xingtone is all about, and how mStore helps independent artists promote their music.

GARAGESPIN: How and why was Xingtone founded, and how has it evolved since?

JONATHAN:  Xingtone was started in early 2003 by a couple of guys located literally around the world who wanted to be able to put their favorite music on their cell phones.  The process of on-the-fly conversion was so new and controversial that it drove the industry nuts.  Xingtone, in its early incarnation, was about putting our content on to our phones.  But as we and the industry matured, we soon realized that a tremendous opportunity existed to serve the ‘other’ 95% of content creators who were not being serviced.

GARAGESPIN: Xingtone is currently partnered with independent music distributor Orchard.  How is Xingtone helping Orchard artists?

JONATHAN:  The Orchard is a wonderful company (as are our other partners, including IRIS, DRA, DMW, etc.) that helps independent artists distribute their content – mobile or otherwise.  The quandary, however, is that even aggregators are at the mercy of the size of the mobile deck.  With 600K in aggregated content, how much can the carriers truly merchandise?  Partnering with Xingtone allows The Orchard to offer an additional value to their partners by selling mobile content directly from the artist or content–owner’s website, thereby creating more opportunity and expanding the overall market.

GARAGESPIN: You’ve launched a beta version of the self-serve ringtone store creator, mStore.  What inspired and/or motivated the creation of mStore? 

JONATHAN:  mStore was inspired by a combination of opportunity and demand. Xingtone began to receive feedback from people who purchased our software – mainly artists who wanted their music on their phone – who asked if they could leverage Xingtone software to send content to their friends’ phones.  Because of our respect for copyright holders, we cripple any sharing functionality from within our application.  When you cross pollinate this with the size of the mobile deck and the limited knowledge a carrier­or even an aggregator­has in marketing to the ”music crowd,” it was obvious that something was needed to help the indie music scene, both from an artist and fan perspective.

GARAGESPIN: What kind of feedback have you received?

JONATHAN:  Only positive.  People are very excited to be able to take control over the mobile content aspect of their business.  We believe that we have flipped the business on its head.  We put any content owner with any form of audience in the position to make money from the mobile market.  Our customers, partners, and the end-consumer really appreciate the reality of that.

GARAGESPIN: How do you feel a ringtone store can help unsigned and independent artists promote their music?

JONATHAN:  In any new media there are three potential ‘victories’ to a content owner: revenue, promotions and co-op marketing.  It is unlikely that an artist will capture all three, but two at a time is definitely possible.  Artists, signed or otherwise, can utilize both their content and their audience to create additional value.  This can be realized as increased revenue, rewards to fans, CD Buyers, concert goers, giveaways, and more.  Mobile content is not rocket science, it is just another way for artists to connect with their fans (for more information about this topic, see my blog entry for October 2005 – www.taipanway.com Indie vs. Major - The future of the record business)

GARAGESPIN: Do you have any artist success stories?

JONATHAN:  We have over 100 content owners using our service and we expect over 10,000 by the end of the year.  Success can only be defined by our customers.  I would say that because we try to manage our customers’ expectations, ALL of our customers have been a success story.  On the other hand, has an artist who does not have a fan base yet gone on to sell a million CDs?  Unfortunately, but not unexpectedly, the answer is no.  Keep in mind that we consider ourselves axes, picks and shovels – we do not make people successful, we just give potentially successful people really good tools.

GARAGESPIN: You’ve taken a novel approach by offering a free service tier, which lets artists build an mStore with a maximum of three, free ringtones.  Very cool.  How does Xingtone benefit? 

JONATHAN:  The benefits to Xingtone are numerous. 

1) We help the indie market and we build relationships with good people.  This is KEY!
2) We learn from our customers who are not ”paying us” so that we have more flexibility and goodwill towards a free product.
3) We build brand integrity and mind-share.
4) We manage our customers’ expectations (we tell all of our customers that they shouldn’t pay us for a ringtone store if they aren’t sure they can sell ringtones).
5) As an artist grows we provide solutions that grow with them.

GARAGESPIN: Do you have any advice for unsigned musicians aspiring to
become rock stars?

JONATHAN:  (Check out the blog entry I reference above).  If there is one thing I would say it is that the market is far different than it previously was – you do not need to be on a major label to succeed.  In fact, your goal should not be to be on a major label.  It might make sense at some point but that should not be your end goal.  Success should be your end goal.  That perspective allows you to be more flexible, to build your brand, your business, and your fan base.  If you are a great touring band then give away your music to create a fan base and make money on concerts.  Use new media, networking sites such as myspace.com, and become technical.  Million dollar videos don’t make stars – great music does.

GARAGESPIN: Are you a musician?  If yes, do you have any music we can check out?

JONATHAN:  I wish I was but I cannot sing, play an instrument, or even hum in tune.  If anyone out there wants to give me some free guitar lessons I would love that.

Thank you for the time we really appreciate the support!