CONNECT    

David Kusek

David Kusek

GET UPDATES FROM David Kusek

Apple iCloud -- Amnesty for Music Pirates?

Posted: 06/ 8/11 12:19 AM ET

Well, we finally have it. Music like water raining down from the sky. iCloud.

For slightly more than $2/mo everybody will soon have access to all the music they can find, steal, share, rip, produce, morph or buy using iTunes Match. Is this amnesty for all the music pirates? I hope so.

As we predicted in The Future of Music, the future is about access to music rather than ownership. With Apple iCloud and iTunes Match, Apple has once again set the bar for all music distributors, while again lining up all the major record labels for yet another lunch. The twist to all of this is -- does iCloud grant you immunity from prosecution for copyright infringement for sharing or downloading music however you wish to? We shall see.

Fantasize with me as we did in 2005...

It's the year 2015 and you wake to a familiar tune playing softly. It gets you out of bed and makes you feel good. As you walk into the bathroom, your Personal Media Minder activates the video display in the mirror, and you watch a bit of personalized news while you get ready for the day. You step into the shower and your personalized music program is ready for you, cued up with a new live version of a track that you downloaded the other day. It is even better than the original recording, so while you dress, you tell your "TasteMate" program to include the new track in your playlist rotation.

You put on your new eyeglasses, which contain a networked audio headset, letting tiny earbuds slip into your ears. You switch on the power, and the mix that your friend made for you starts to play. Music pours into your consciousness. It becomes yours.

During the day, your headset and other wireless devices help you communicate across the network, with your friends, associates, network buddies, and "digital peers." The headset also keeps you connected to that hard rock collection that you really love to listen to. Meanwhile, a variety of new songs, new versions, and remixes of tracks you truly dig, along with your old favorites, continues to come your way. Using TasteMate, you access and trade playlists, and recommend a couple of songs to your friend in Seattle, and they get added to his rotation. Music propels you throughout the day.

This is the future of music -- a future in which music will be like water: ubiquitous and free flowing. In this future, music will be ubiquitous, mobile, shareable, and as pervasive and diverse as the human cultures that create it. Many of the already ill-fitting definitions of copyright and intellectual property and patent laws will be adapted to fit the "music like water" model that we propose -- in a way that ensures the enjoyment and benefit of society as a whole, and that allows all involved parties to prosper.

David Bowie encapsulated the current state of affairs in a June 2002 New York Times article:

The absolute transformation of everything that we ever thought about music will take place within ten years, and nothing is going to be able to stop it. I see absolutely no point in pretending that it's not going to happen. I'm fully confident that copyright, for instance, will no longer exist in ten years, and authorship and intellectual property is in for such a bashing. Music itself is going to become like running water or electricity. [ . . . ] So it's like, just take advantage of these last few years because none of this is ever going to happen again. You'd better be prepared for doing a lot of touring because that's really the only unique situation that's going to be left. It's terribly exciting. But on the other hand it doesn't matter if you think it's exciting or not; it's what's going to happen . . ."

Let's run the numbers. As I outlined in Forbes, with hundreds of millions of people connected to digital networks, the potential annual revenue stream for this is enormous. At $25 per person, if 200 million people opted in for iTunes Match, the service would gross $5 billion just for the ability to provide access to any song on any device, and let you pirate all the music you want to at will. Add to that the money from new songs you purchase, premium access, increased storage, exclusive concerts -- and the recording industry may see a bottom to its revenue decline, and could begin to rebuild from there. Seem counterintuitive? The record business will never be the same again, but maybe (just maybe) it will not go extinct.

And it remains to be seen if iTunes Match will grant you complete immunity from prosecution for copyright infringement. Kind of like AppleCare for pirates. There are lots of moving parts to this story.

Welcome to the future.


 

Follow David Kusek on Twitter: www.twitter.com/davekusek

Well, we finally have it. Music like water raining down from the sky. iCloud. For slightly more than $2/mo everybody will soon have access to all the music they can find, steal, share, rip, produ...
Well, we finally have it. Music like water raining down from the sky. iCloud. For slightly more than $2/mo everybody will soon have access to all the music they can find, steal, share, rip, produ...
 
  • Comments
  • 119
  • Pending Comments
  • 1
  • View FAQ
Login or connect with: 
More Login Options
Post Comment Preview Comment
To reply to a Comment: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to.
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3 4  Next ›  Last »   (4 total)
4 hours ago (10:07 PM)
question to numerous forums: why do i need this icloud? it's ever so difficult to tick a box to update my devices without needing a cloud.

answer: stumped.
6 hours ago (8:19 PM)
This will not come to be in Canada where we are paying a fortune for bandwith, no competitio­n and telecoms wanting to even charge more with UBB. This may work in the US, but under our present day record for being some of the customers who pay the most for internet there will not be this kind of revolution­. Maybe for a few but I doubt it will be widely adopted until we aren't getting gauged to death. I wont be signing up for this the way Rogers et al charge.
photo
HUFFPOST SUPER USER
allwarisbad
10 hours ago (4:06 PM)
For personal use of data - iCloud is a big con :)
photo
HUFFPOST SUPER USER
Andrew Wojtkowski
Physengrammer (Physicist/Engineer/Programmer)
10 hours ago (4:04 PM)
I'm not an apple fan. Never was. But many of their products have been great ideas. For example, this new "geo-fense­" feature on iOS. Brilliant. However, some "innovatio­ns" are watered down versions of existing products sold at a premium. This is one of them.


I will say that the iCloud is actually the best litmus test to find out who is a baseless Apple fanatic, and who simply prefers Apple products on their merits. Many of the people who are excited about it are actually ~WRONG~ about how it functions, or its implicatio­ns.

The lack of streaming support means that it will use SIGNIFICAN­TLY more data. Download a Digital Copy for your favorite movie. (The one that usually comes with the disk.) You'll notice that the file size is HUGE. Now try to stream that data. Monitor your data over that time. It will be significan­tly less (varies based on compressio­n.)

With carriers switching to data caps, you're going to find a lot of people hitting their data caps REALLY fast if they use the iCloud/Mat­ch excessivel­y. Plus 256k is mediocre quality at best.

So what can you do here that you can't do with other cloud-base­d players? Re-downloa­d your iTunes songs? Why are you buying poor quality MP3's on iTunes when you can get higher fidelity songs elsewhere?

That's it. And that's your fault for buying from iTunes instead of a superior product from a competitor­.
11 hours ago (3:28 PM)
Every time I see somebody talk about the record business becoming "extinct", I know I'm dealing with someone that has no clue, and likely also believes in the tooth fairy and the Easter bunny.

Judging by the fact that comments are being censored for this article, it's clear the author is also well aware of this perception­, LOL.
photo
HUFFPOST SUPER USER
Carmen Madonna Campos
dude! it's me!!!
12 hours ago (2:55 PM)
ah, but there is such a great feeling from slipping out that vinyl disc, softly wiping it down, and then gently setting the needle upon the LP.
Sorry Future, I like it old school.
photo
HUFFPOST SUPER USER
JamesAndre
Pull Together
12 hours ago (2:32 PM)
I was interested in your article, but it doesn't seem to really explore it's premise. I don't quite get the connection­s.
13 hours ago (2:03 PM)
So, the future of music is that musicians can no longer afford to release music unless it is sold directly from their website or at a show for which they charge admission. In the end this will be a victory for the big record companies as they can much more easily control how and what they release to maximize profit. The independen­t musician will either stop releasing and get a day job or else sabotage the quality of the free releases. BIG loss for the average consumer/l­istener. Too bad...
photo
HUFFPOST SUPER USER
Andrew Wojtkowski
Physengrammer (Physicist/Engineer/Programmer)
13 hours ago (1:46 PM)
So it's just like every other service...

Except it's mediocre quality MP3's (at best)
No Streaming
Not Free

Wow, Engadget is right. This IS superior!
adamhide
Part of the Realistic Left
13 hours ago (1:35 PM)
Dear Apple, go lossless or go home...I want full quality, every piece of my music, I do not want digital bits missing, I want complete fidelity.
photo
HUFFPOST SUPER USER
Andrew Wojtkowski
Physengrammer (Physicist/Engineer/Programmer)
13 hours ago (1:50 PM)
Dear Adam,

Most people don't even know what lossless means.
Therefore, there is no tangible value when marketing towards the lemmings.

Just as people would rather watch some poorly upconverte­d DVD to a Blu-Ray Quality movie and claim there's little to no difference­. It makes me cry too.

But fidelity is hard to measure. It can't be put on a box like "1080p!" We are seeing quality take a hit for quantity and it isn't being limited to music. I feel your pain.
11 hours ago (3:12 PM)
Not just quantity. Quality is taking a hit for convenienc­e. I'd rather have quality.
adamhide
Part of the Realistic Left
9 hours ago (5:36 PM)
Dear Andrew,

Sadly, I agree with you 100%. This is why I still buy hard formats of music. That way I can convert digitally to loseless..­.

I would love to embrace the digital revolution and the cloud, but I fear that me and a few people like me are being left behind...
14 hours ago (1:03 PM)
Love my MAC, love my ipod...but I will stick with my Amazon Cloud Player. Works great and has enough storage for all of my needs.
photo
HUFFPOST SUPER USER
kcwookie
Kansas City Labor
14 hours ago (12:59 PM)
I love some people's thought process, you either buy from iTunes or you are a pirate. So, I guess I stole my own CDs.
14 hours ago (12:39 PM)
This is really Netflix for music, and that was probably along the lines of how Apple managed to sell the idea to the music companies. Plus, a certain portion of that $2/mo. fee is going to the major labels, which means that they will end up recovering some of the money they imagine they are losing to pirates. It's not an out-of-the park win for all concerned, but is probably the best compromise that can be reached.
14 hours ago (12:32 PM)
Anyone using audiogalax­y? Its for free and allows you to stream your entire collection over wifi, 3G, 4G to your mobile device from one's home computer. CD quality with the bells and whistles of creating playlists and such.
11 hours ago (3:12 PM)
I miss the old days when Audiogalax­y was one of best free music services out there. I found so much cool and rare stuff on it that I've never come across since then.
photo
HUFFPOST SUPER USER
diod1972
Academic
15 hours ago (11:51 AM)
So I am not totally sure I understand­, but let me try: Apple will "match" the music in your personal collection (legitimat­ely paid for or otherwise) to its own catalog. If there is a match, then voila, your collection is now in the cloud and can be listened to from any device anywhere there is internet. But what about the more obscure music in your collection (again legit or not), that is not in the Apple database? iTunes, while good, if far from perfect. There is a TON of music that's not available there (part of the reason I rarely buy music from iTunes). Will Apple back up you obscure music too, or are you stuck keeping that as local copies on a hard drive, while only whatever you have in common with Apple goes tot he cloud? What about, for example, one's own music (i.e., people who make music). Can someone clear this up for me? Thanks...