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November 24, 2008

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Dear Ian, yes, look forward to our discussions at MIDEM. 2 points today, though.

A) the music market IS already certified dysfunctional and therefore there is little hope in 'the market working out the rates' - unless you define the new markets as those run by all the new players (which does not seem realistic). As long as there is no incentive to make their catalogs available to everyone, with reasonable terms, most of the major rights-holders will likely continue their strategy of ignoring / refusal / stone-walling, thereby forcing users into illegality and startups into submission or financial nightmares (or both). We need digital music to be regulated just like RADIO, with a license that is available to everyone that wants it; be it a voluntary collective or a compulsory (and initially, by territory) 2) The flat rate will NOT lead to widespread commoditization - that did not happen with Radio, either! It will lead to build-remuneration based on share of attention - and that, to me, seems like the best way to pay the creators. More soon!!! Thanks for commenting here. Cheers, Gerd Leonhard www.mediafuturist.com

Hi Gerd,

Looking forward to seeing you in France.

I actually don't agree that flat-rate is the best route to "music like water".

IMHO, "like water" should describe the barrier of entry for innovators to have access to the media, but the market should determine pricing.

A digital repository where copyright holders can place their content, set their own pricing and business rules, and allow anyone willing to play by those business rules access to the content is what is needed.

Unfortunately, no one is building it. Snocap was headed the right direction, but not really. TotalMusic could have been the industry version of this, their Visa International of rights.

Personally I am no longer hopeful companies with large catalogs of music will open their catalogs to innovation in a sane way. I think too many bad decisions and very little meaningful technology has been made and built over the past fifteen years.

While I see the obvious value to innovators and consumers (assuming the price is something reasonable), I don't think widespread commoditization of music is the answer to monetization for artists. When the first artist receives a meaningful check from Nokia Comes With Music, give me a ring.

Looking forward to debating this in France!

;-)

ian

Gerd,

if you don't want to rely on crappy Google translations (D-Telekom/FTD), try my blog:

http://hoeferle.wordpress.com/2008/11/12/d-telekom-plans-to-corner-german-market-for-mobile-music-subscriptions/

Best
ch

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