Dealing with (Internet) Reality:
A presentation to the ICA in London on September 18th, 2003.

ica.ppt
. . .

Dealing with
(Internet) Reality


John Buckman,
CEO of Magnatune & Lyris
John @ magnatune.com
http: // john.redmood.com / ica.html

. . .

Who am I ?
- started selling software at age 14, sold $30k worth of shareware
- Lyris is email software for discussion groups and newsletters
- CEO/Owner of Lyris, now at $12m annual sales, over 40 employees

. . .


Who am I (2/3)
- launched Magnatune in May 2003
- Internet-based record label with focus on 50/50 revenue split with musicians
- Use two licenses
- Creative Commons license for free content / evaluation
- Traditional software license for purchasers

. . .

Who Am I (3/3)
- www.piazzolla.org
- www.lutesociety.org
- With my wife Jan:
- www.jsbach.org
- Doris Lessing Web Site
- Fay Weldon Web Site

. . .

Key Points
- Free content is increasing in quantity and quality
- Why? Because free is a competitive advantage that's hard to fight
- Free content works best for:
- small players who need little income
- large players who can subsidize a loss in one area to profit in another

. . .

Key Points
- Dongles are the best DRM, and the only likely one to survive
- Piracy always abounds where likelihood of purchaser dissatisfaction is high
- Attacking potential dissatisfaction is the key to fighting piracy

. . .

Key points
- All electronically distributable media (music, photos, artwork, writing) will become shareware, just as software has.

. . .

Key Points
- Best marketing strategy is convincing potential customers that purchasing from you is social activism, contributing to the social good
- Come on, be a rebel!
- Help change the world
- Make the person receiving the money into a cause
- Explain how their purchases are concretely helping

. . .

Learn from the lessons of software vs piracy (late 80s)
- other creative media will likely play out the same way
- non-copy protected software was a competitive advantage
- copy protection frustrated legit users
- installation, backup, moving between computers were common problems

. . .

Hardware 'dongle' was the only accepted mechanism
- dongles still common in certain software genres, such music creation software, where piracy is rampant
- de-dongled versions widely available
- cost of software ($800+) makes evaluation not possible
- Example: "pro tools" fought piracy by making older version of its software available for free combined with flexible dongle

. . .

Downside to Dongles
- heavy thought-leadership losses to non-dongled
- in general, smaller, upstart companies are not dongled and receive favorable treatment for it
- piracy may help smaller players because it helps advance their format as a standard
- people prefer the underdog, and if the underdog can make a moral claim to superiority, as can be made w/o DRM, this greatly enhances their pitch
- hence the "we are not evil" pitch

. . .

Users increasingly requiring "evaluation before buy"
- Almost all software is shareware now - officially "trialware"
- All software can be downloaded and tried out for a limited time
- Microsoft Office ships for free on Macs, limited to # of days usage
- Justice dept would prevent this on windows

. . .

"Building a standard"
- Many companies have limited feature versions of their software
- Adobe Acrobat, Microsoft Word viewer
- Both helped standardize a format, sell additional value
- Read-only versions of applications are very popular and savvy


. . .

"Doom"
- Best-selling game of all time, "Doom" sold more copies than Windows 95, and was shareware
- Run the first 10 levels for free, pay to continue
- Allowed traditional distributors free rights to sell the 10-level CD
- Massive distribution ensued, free marketing & promotion, really hurt the competition

. . .

Low prices help discourage piracy
- Music software example: most pirated programs are plug-ins for $400+
- Same holds true for Photoshop plug-ins:
- Both are expensive, often not useful after purchase
- Music/books share this trait: the percentage of dissatisfied users is higher for creative goods than dependable goods
- piracy always abounds where likelihood of dissatisfaction is high

. . .

Analysis: UMG Price Reduction
- Music shipments dropped 15% this 1st half of the year, 2x last year's drop
- UMG had tested $2 price breaks on selected artists, and found that it increased sales
- Recent price reduction by UMG of 30% (from about $12 to $9 wholesale price) off wholesale is expected to be followed by other labels, but it's unclear what effect this will have on retail prices

. . .

UMG (2/3)
- UMG were paying average of $1.20 per CD for product placement, that they are now halting
- Not often stated: UMG expects 25% of floor space in exchange for retailer getting the new low price
- New pricing not applying to Latin or Classical music

. . .

UMG (3/3)
- Unclear what effect will be on artist royalties.
- My legal sources say it will help, by moving more CDs at the top-level price
- Most non-legal analyses are negative ("little guy will suffer yet again")
- Possible that retailers will soak up the 30% margin as additional profit, and UMG CDs won't be cheaper
- Many cases of this in USA with import tariffs on domestic vs. foreign goods selling retail at the same cost

. . .

Legit distribution is always easier for end-users to find
- Advertising reaches their audience
- Most law favors legal distributions --
- ie, get valid domain names, band photos, other marketing goods
- Pirates always have to flee or use obscure legal points to hide
- User chooses:
- go to "www.metallica.com"
- or go to Kazaa, search for Metallica, wait hours and listen the 1/3rd of the songs that actually downloaded?

. . .

iTunes Analysis
- 50,000 songs sold a day at $1
- $1,500,000 per month
- $18m in sales per year
- 30% commission on sales = $5.4
- Infrastructure costs, 20 employees = $2m/year, IT + bandwidth = $1m year

. . .

iTunes Bottom Line
- Totals:
- $5.5m in revenue
- $3m in cost
- $2.5 in profits
- Compare to a steak restaurant:
- 250 tables, one location
- $5m in annual revenue
- $1m in annual profits

. . .

Will iTunes Score with the PC?
- However, if the iTunes phenomena can be repeated in the PC world, then numbers are 20x what they are for Apple hardware, and we should get:
- $100m in revenue
- $10m in cost
- $90m in profits

. . .

Compare iTunes to iPod
- 1 million iPods sold at $350 average = $350m total
- Likely wholesale price discount is 30%
- Thus Apple has made $245m from iPod sales

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Apple,s Real Strategy
- Use innovative media offerings to sell high margin, big ticket hardware

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Hardware Companies & MP3s
- PCs need "the next big thing"
- Music trading is it.
- Online music, and mp3 file trading sells hardware
- Hardware manufacturers are generally ok with media piracy as it is the new big thing
- Intel has been strongly against controls on p2p, taking anti police-state stance

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Historical industry positions
- Piano roll was theft of sheet music
- Cable TV was theft of broadcast TV
- VCR was theft of films
- Industry would prefer total control but experience tells us that both government and the public won't settle for it, and that larger markets are created in systems of imperfect control

. . .

DRM needs to provide similar rights to physical goods
- Circle-of-trust sharing: close friends, family, coworkers
- But how to keep the circle from expanding through successive "degrees of separation?"

. . .

Best solution: dongle needed for use, but unrestricted copying
- can be shared
- prevents multiple simultaneous copies
- Easily explained, works dependably
- can be resold
- allows simple 'upgrades' and other downloads
- dongle can be restored if lost

. . .

Dongles
- Problem with dongles: highly desired products are cracked
- You may notice that easily downloaded & evaluated software is less trafficked than pure shelfware

. . .

Users expect as-good-as-pirated media when buying
- Why buy when you get something of higher quality pirated?
- DRM has an extremely bad reputation among users
- Typical example: buymusic.com requires name & password key for each song played
- Resale is not possible, thus lower value to consumer, shouldn,t price be lower?

. . .

DRM unlikely to work long-term
- Non-complying players (ie, winamp) always become widely available
- Basic technical problem of any media that is human perceived can be captured and placed on an unprotected media
- In software, copy protection has never thoroughly succeeded because the software has run at some time, thus reside in memory, and therefore be copied and modified

. . .

Why People Pirate
- Most people pirate to 'try things out'
- They haven't thought about buying it, but they want to check it out
- Pirating is not easily compared to shoplifting, more easily compared with in-store browsing
- Sometimes, they simply don,t value to goods very highly

. . .

Porn.

What we can learn from sleaze.

. . .


Always useful to watch how porn is making money
- Why? Because theirs is a high profit business with a largely undifferentiated product
- Porn always spends the most money to develop new markets, and when it works, that market gets flooded
- Porn has always been pirated, and they have to find business models that face that fact

. . .

Porn is using p2p
- To distribute better quality video that would be cost far more in bandwidth than profit - free to download, but when you try to play, windows media asks for a credit card
- The BBC announced it will be distributing massive amounts of its back-catalog for free via p2p as a broadcasting medium -- great example of large company subsidizing loss in one area to gain in another

. . .

Porn & p2p
- Distribute shorts for free, which are then greatly distributed, and which have their advertising on them
- To enable "try before you buy" at a low cost - since conversion rate from evaluator to paying customer is very low in porn, distribution must be vast and cheap

. . .

Porn & p2p
- very poor video quality version of some videos made free as teasers
- availability of high quality free demos make piracy irrelevant
- to avoid requirement that they age-verify their audience


. . .

Lessons learned from porn's use of p2p
- Best way to fight piracy is to provide easy found, decent quality legit content,
- then demand for pirated content is lower,
- and its availability is less than legit stuff
- Most p2p content is inconsistently available
- Making your content available on many servers at once will increase how often it is found and shows up on the download lists

. . .

Use p2p for free advertising and try-before-you-buy
- songs that fade away, or short radio edit that they would hear anyway
- one or two songs from the album
- voice-over (best if by artist) 1/2 way in the middle
- never at the beginning of a track, while the user still has their mouse button on the play/stop button
- prominent enough to not make people want to buy, but not so prominent that they are annoyed and delete it
- provide the entire album at 128k mp3 at lowest-quality encoding

. . .

P2p and books
- leave off the last 1/3rd or 2/3rds
- very popular in level- or narrative-based games
- use a viewer format which is introduces page-flipping delays
- example - Amazon's book preview feature, and iUniverse's viewer

. . .

P2p Benefits
- Bandwidth cost savings can be considerable
- Obvious use: distribution of movie teasers over p2p
- Another distribution channel that already has a large audience
- Competition (e.g. the pirated content) is poor quality, hard to find, many p2p users are frustrated
- Way for content producers to differentiate themselves in a very crowded market -- very inexpensive marketing experiment

. . .

P2p worldwide stats
- p2p downloads are 5x more music than CD sales (though is is debated as possible equal)
- However, huge increase in file sharing since demise of Napster has not caused an equivalent negative effect in CD sales
- 30% of computer-owning households have CD burners

. . .

Shareware and other alternative business models
- Shareware is usually direct-to-consumer
- Shareware vital stats are:
- conversion rate
- distribution size
- pass-along rate
- average sale price

. . .

Shareware vs. shelfware
- Usually through a (reseller) channel
- Vital stats are:
- royalty/margin
- production cost per unit
- production size
- return rate

. . .

Shareware / Donation-ware Results at Magnatune
- After 14 weeks in business
- Top third of artists making $100 to $200 a month in royalties
- People have choice of paying between $5 to $18 with 50% going to the artist
- Average per-item purchase price is $8.08
- Average checkout transaction is $9.18

. . .

An Online/offline mix is very powerful
- Example: buy a physical good, get access to special things online, such as bonus songs, mixes, lyrics, photos
- For authors: interviews, short stories, essays, photos, source material
- Take advantage of both media: offline is the mass-audience product, online is fan products
- Don't underestimate the power of evangelical fans
- Learn the lesson from Star Trek: it doesn't matter how many fans you have, it's how much they'll fight for you

. . .

Community
- sense of belonging / community is a primal human drive - leverage it
- can cheaply be provided online
- The most successful .coms have community at their core: Amazon.com, eBay
- fans of a particular book / film / music have more in common with each other than their neighbors
- provide the connective glue and you'll have huge marketing power
- "think different" - be part of this elite group

. . .

Become a cause
- Avoid using 'conquer the enemy' (ie, Linux vs Microsoft): this is ultimately negative energy
- ie: Apple's "why 1984 won't be 1984" anti-IBM ad
- 'helping the little guy" "squeezing out greedy middlemen" "level playing field" "connecting creative people with their fans" are all popular and positive
- fighting the system, standing up for creative people
- read "Atlas Shrugged" by Ayn Rand

. . .

THE END
- 3 excellent papers by Stan Liebowitz
- Will MP3 downloads annihilate the record industry: the evidence so far
- The Economics of Betamax: Unauthorized Copying of Advertising-Based Television Broadcasts
- The Impact of Reprography on the Copyright System