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To: Joe Knoll who wrote (4387)5/12/1999 7:42:00 AM
From: Philip W. Dunton, Jr  Read Replies (1) | Respond to of 4679
 
from street.com
Juking Around With MP3
By Jim Seymour
Special to TheStreet.com
5/11/99 4:14 PM ET

Editor's Note: The MP3 phenomenon promises to change
the music business forever and to create a new round of
e-commerce fortunes. Jim Seymour, TheStreet.com's
technology expert and a longtime professional musician,
explores the curious world of downloaded music. Today, he
takes a look at the technology, the worries and the players
in this burgeoning industry. Tomorrow, Jim will point out hot
prospects for investors among the companies leading this
revolution and explore how you can sample MP3 yourself.

The revolution in the digital-music world gets stranger and
scarier, at least for some recorded-music vendors, almost
every day. It began two years ago with MP3, a shot across
the bow of an industry that's as much out of touch with
technology today as any other I know.

The digital era is going to change the music business
profoundly, and yet many of the principal players, blinded
by fear and frozen by uncertainty like deer caught in
headlights, still just don't get it. They're living in the 1970s,
and their retreat from reality is making their problems much
worse.

In case you've been on Mars for the past couple of years,
here's the necessary background. The audio portion of the
digitally-encoded-movies MPEG-1 spec is called MP3, for
"Motion Picture Experts Group, Layer 3." As an audio-only
file format, it was further developed by Germany's
Fraunhofer Institute and France's Thomson Multimedia.
MP3 compresses audio files by a factor of about 10 times,
down to about one megabyte per minute of music with
near-CD quality. It's easy to transfer existing digital audio
recordings, such as CDs, to MP3 files saved to your PC's
hard disk, from which they can be played via the often
very-high-fidelity sound systems installed in many PCs
today or piped out to separate, "real" stereo systems. You
also can post those files on a Web site so that anyone who
knows where to look can download them.

MP3 buffs have been transferring to Web servers thousands
and thousands of current and popular older CDs, so that
with a little searching, you can find almost any recording
you want as a downloadable file on the Web. How big a
deal is this? Search on AltaVista.com for MP3, and you'll
find 2,470,910 items. (Actually, that was Monday; the
number's inevitably higher today.)

Artists such as Tom Petty, the Beastie Boys and David
Bowie have released songs in MP3 format on the Web.
The rap group Public Enemy says it's going to release its
entire next CD on the Web in MP3. You can already buy
MP3 songs by Louis Armstrong, Patsy Cline and other
name-brand artists of earlier days.

This isn't a tiny, fringe thing. This isn't a long shot. This isn't
Kansas anymore, Toto.

Needless to say, this scares the daylights out of the record
companies and the performance-rights licensing entities,
such as BMI and Ascap. You and I will stop going to
Amazon.com (AMZN:Nasdaq) or Tower Records to buy
new CDs, they're convinced; we'll just hunt down MP3
versions of the new albums on the Web, download 'em, then
sit back to enjoy the tunes.

Want to take a few tunes with you when you go cycling or
commute to work? Pick up a $150 Diamond Multimedia
(DIMD:Nasdaq) Rio, a cigarette-pack-sized portable MP3
player much like a Sony Walkman or Discman, download
your faves into it, and you've got MP3 Hits The Road, Jack.
In your pocket. For free.

Maybe even worse, goes the recording industry's thinking,
since most pop music CDs are filled these days with a lot
of ... well, filler ... you won't be buying the nine songs you
don't care about on a CD, only the two or three you do
want.

Revenue, either way, to the record store, record company,
performer, songwriter? Zilch. So they're scared. Big-time.

Know what? They're absolutely right. Many of today's
recorded-music buyers will slow their purchases of CDs,
instead in effect pirating MP3 files of the music they want
via the Web. But by no means all of them will. The CD has
years ahead of it as an important music-distribution
medium. And not all of us want to be pirates; we're happy to
buy music, not steal it, if given a chance.

But downloaded music is already a sizable endeavor, and
it's about to get much, much bigger.

Groping Toward Legitimacy

It's easy to understand the knee-jerk responses of the
music business. The Recording Industry Association of
America tried unsuccessfully to enjoin Diamond from
selling the Rio. The performance-licensing groups have been
churning out press releases, and the major labels have
been working furiously behind the scenes to come up with
"secure digital-music" systems -- in other words, download
protocols that will let them sell you digital music files over
the Web only after you've paid for them, without worrying
that you'll then be able to copy and redistribute them.

In other words, they want to kill MP3. Big surprise.

I've watched this with some glee because it's a lot like
closing the barn door after the horse is out. Or better,
calling the fire department a month after the barn burned
down.

MP3 is so firmly established today that it's very unlikely
even the most powerful alternative technology -- pushed by
the strongest possible industry alliance, united behind the
most robust non-MP3/no-copying scheme -- can kill it any
time in the foreseeable future.

That hasn't stopped companies all over the lot from trying to
develop a secure-download system. If anyone succeeds in
producing a truly pick-proof digital lock, they stand to make
a mint. But remember all the frenzy over
antisoftware-copying schemes a decade ago? Efforts to
copy-protect software were eventually abandoned because
they proved so relentlessly burdensome for legitimate users
-- the paying customers who were coughing up $495 a copy
for Lotus 1-2-3 -- and also because about a month after
every new copy-protection scheme was announced, a
hacker somewhere defeated it. Today, in the Web era,
those anticopy-protection hacks can be distributed
worldwide in just seconds, so the window of protection for
any method today is likely to be very short.

Still, lots of companies are trying. Microsoft
(MSFT:Nasdaq) is building secure-music-download code,
called Windows Media 4, and claims to compress music
into half the space required for an MP3 file into its products
-- though it has yet to sign a single major record company
to use its system. RealNetworks (RNWK:Nasdaq)
supports both MP3 and its own RealMedia file formats in its
sensational new RealJukebox application. The Secure
Digital Music Initiative, an alliance of more than 110
record and music producers, hopes to develop and use its
own scheme -- or bless an independent one. Sony
(SNE:NYSE ADR) says it has a killer secure-download
system almost ready. Even AT&T (T:NYSE), which I am
long -- AT&T, for God's sake?!? That famous backer of
rock-and-rollers? -- has a subsidiary, a2b Music, which is
trying to peddle its own encoding-decoding system.

And as Herb Greenberg pointed out last Wednesday,
among the many long shots in this game is his old favorite
CustomTracks (CUST:Nasdaq). Last week, CustomTracks
named Douglas Kramp executive vice president of strategic
business development, and he then proceeded to say that
CustomTracks' "new Digital Signature technology, in my
opinion, is the most exciting development on the Internet
since the browser." Uh-huh.

You get the idea: This is turning into a feeding frenzy, full of
unlikely boasts and self-serving PR.

Desperately Seeking a Standard

As much as I think MP3 can't and won't be dislodged
anytime soon, it's also clear that this situation won't
continue forever. But a solution is complicated and has at
least two parts:

First, CD publishers have to find a way to change the CD
production system itself, so new CDs can't easily be
digitally copied. This is a massive task with potential for all
sorts of incompatibilities with existing CD players. But
unless something is done, no matter what the record
companies do about secure downloads, anyone will still be
able to buy a CD and almost effortlessly record its tracks
onto MP3 files. And remember, this is only an answer for
future recordings -- it doesn't help with the hundreds of
thousands of CD titles already in existence. Likelihood of a
quick, enduring fix: Essentially zero.

Second, the recorded-music industry needs to coalesce
behind a single, nearly bulletproof standard to allow
copy-protected online sales. Tough for the reasons outlined
above. Worse, the real vice of MP3 for the music business
is that it's so addictive. Once you've tasted the ease of
downloading and saving MP3 copies of songs you like on
your hard disk, you find it hard to take seriously the need to
buy those $15 Frisbees, the need to buy a bunch of
third-rate filler material to get the hit tunes you want and the
whole hassle of shuttling CDs in and out of whatever you
play them in. Likelihood of a quick, enduring fix: Quick,
yes; enduring, maybe. Not soon.

As you can see, I'm a pessimist that the record companies'
problems will be solved in any substantial way very soon.
But call me an optimist from the consumer's point of view --
at least, from the short-term perspective. Longer term, of
course, if recording artists, music publishers, songwriters
and record companies can't make money, we'll see far
fewer new albums and much less new-artist development.

Music isn't going away -- and you can make a good case
that the continuing success of MP3 could actually lead to a
new flowering of recorded music by putting control of
recordings in the hands of the artists themselves -- but this
extended period of transition is going to be rough.

Tomorrow: Spotting investments in the emerging
downloadable music market, and exploring for yourself what
the MP3 revolution is all about.