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Label boss blasts P2P lawsuits
By Jim Welte - MP3.com
August 18, 2006 at 03:22:00 PM | more stories by this author

Nettwerk Music Group CEO Terry McBride says the record industry's litigation against users of P2P services are hurting musicians and the overall music business.

SAN FRANCISCO--Nettwerk Music Group CEO Terry McBride says he has the antidote for the woes of the record industry: stop suing users of illegal file-sharing services.

Nettwerk Music Group CEO Terry McBride. Nettwerk Music Group CEO Terry McBride.

In a provocative keynote conversation at the first-ever Bandwidth music and technology conference, McBride urged his cohorts at the major music companies to cease their litigation-driven antipiracy efforts and embrace a world of micropayments and alternative revenue streams that target the new music-consumption habits of digital music fans.

The label boss, who launched the Canadian label in 1984 and whose roster includes Avril Lavigne, Barenaked Ladies, Dido, Sum 41, and Sarah McLachlan, so vehemently opposes the thousands of lawsuits launched by the Recording Industry Association of America (RIAA) that he has promised to pay the legal fees for one defendant. Elisa Greubel, a 15-year-old girl whose family was being sued by the RIAA for downloading 600 songs onto their computer, contacted Nettwerk artist MC Lars who, in turn, solicited McBride's help.

"[The major labels] are using fear as a tactic [to] push these kids away from these P2P systems," McBride told a crowd of 200 music and technology industry insiders. "You can't use fear to change these behaviors--it just isn't effective. These lawsuits have hurt my artists. We need to stop these lawsuits."

An RIAA spokesperson declined to comment on McBride's statements.

Some of the songs Greubel was alleged to have illegally downloaded were from Lavigne.

"Avril or any of my artists would never sue a fan," McBride said. "I want those fans to share that music. When [the original] Napster hit, we had the same knee-jerk reaction that everyone else did: 'Who are these kids, let's get them and sue them.' But after a while we realized that they were no different than I was when I was as a teenager, just looking to consume as much music as possible."

There are already plenty of ways to monetize that new behavior, McBride said, but they require more of a change in perspective than the industry has made thus far. One such way was unveiled last month by Snocap, the digital download infrastructure firm founded by original Napster creator Shawn Fanning.

Snocap is currently beta-testing its Linx service, which provides the payment infrastructure for artists to sell their songs directly from their MySpace pages and other similar community sites. Nettwerk band The Format is currently using Linx to sell songs on its MySpace page.

Such a system will help the music business embrace the P2P world that it has tried to hard to eradicate, said McBride, who named Nettwerk as a play off of German electro pioneers Kraftwerk.

"In 18 months the biggest music retailer in North America and maybe the world will be the consumer," McBride said. "P2P is going to arrive in a way that nobody saw. Fans will be selling to each other and getting micropayments into their Paypal account."

The per-song digital price point needs to come down, however, for such a system to prosper, he said. When the price of digital music comes down to between 25 and 49 cents a song, it will become cost prohibitive for the user of illegal P2P networks to keep doing so, given the headaches that come with using such services, like virus-laden files, incomplete or misnamed songs, and sound quality.

"If the price comes down, the P2P marketplace will begin to go away," he said.

The bottom line, according to McBride, is that there are loads of opportunities for the major music companies to improve their own bottom lines by making music available in more places and in more creative ways.

"Music is more popular than it ever has been, yet for some strange reason the business has gone down," he said. "They haven't figured out how to monetize this new behavior [and] monetize it in a fair way. Every piece of new technology is supposed to be the death knell for the music industry. But you should never tell the consumer how to consume your music. You should make it available wherever they want. I don't want to dictate how people buy our music."

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8 Comments

Oldest First | Newest First
firebreathing - I agree on a few points but disagree that "college kids are poor". On average college age adults spend a minimum of $600 for entertainment each month.

IMO - the reason filesharing became so popular in the first place was simply because of the convenience. Now that there are legitimate mediums of getting the music you want WHEN you want it - sales are up 75% just over the past 12 months... The sale of traditional music mediums never saw that kind of growth over such a small period of time.
Posted 08/25/2006 12:12pm
I did not read the whole article, but I do like the "micropayment" idea. I would pay (if the cost were monthly, my down and up limits were not capped, ect.) but I doubt that would happen. Part of the problem here is that everyone is not rich (espeically while attending college) so in order to save money (so they cna actually eat) while still being entertained people will do anything.
Posted 08/22/2006 11:06pm
Bingo! Wish I could have been there to see the "duh" moment for all of the older lawyer-types in the crowd.

McBride has brains and balls.

I disagree with dbaxtin that free is always better than paid. I know a lot of people that currently or did download. Now for them it's all about legal digital downloads. Especially with color iPods and a need for legitimite artwork, titles and great sound quality. It was never about "paying" rather than "paying for 11 crappy songs to get 1 good one". The only harm I see in the p2p system is that some of the artists "creativity" is challenged simply because they don't retain the ability to "package" and sell the product the way they see fit. There are many ways around this so I'm sure it won't be much of an issue.

Thanks for this story!
Posted 08/22/2006 9:26am
Just like Cheney and crew saw peak oil coming and made their play, so too are the major labels on a mad dash to swipe out at anything and anyone as their ship goes down. All of this is the dying gasp of an old distribution model.
Posted 08/21/2006 10:00am
OK. This is the first record exec that seems to have a brain. Where can I sign up for his music service, assuming there is no DRM? =)
Posted 08/21/2006 9:21am
I totally agree. But you cannot compete against free. I think the current P2P models won't support a micropayment solution but lets be honest they are not going away either. Labels and corporations should not stop fighting piracy and it is silly for anyone to say that. But how you fight it is the root of the problem. They need to fight the producers of illegal content, embrace new models, and stop suing consumers.
Posted 08/20/2006 6:22pm
Mr. Terry McBirdle.

Are a legend.
Posted 08/18/2006 11:19pm
Preach it, brother! This guy is making so much sense to me.
Posted 08/18/2006 5:53pm
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