Feb 17, 2002

Is DOJ Antitrust Case Just A Dog and Pony Show?

Any idea what is happening with the US Department of Justice antitrust investigation against the music labels? Is this investigation just a formality which only serves to waste taxpayers money? According to our diary, it is time we are provided with some sort of status report on this case, which up until now has consisted of more fluff than substance.

The investigation was initiated by the DOJ to look into complaints filed by online music companies in regards to music licensing deals. Six months of taxpayers dollars later, NOTHING has changed.

For whatever reason, the government has permitted large industries to get larger without taking into account the numerous negative affects to both the industry and the general public. Regardless of which administration is in power, do not expect the government's laissez faire attitude to change anytime soon.

After examining the issues, maybe it is better for the government to stay out of this one. Let the labels die a long, slow and painful death. Why do them any favors? They got themselves into this hole, let them get themselves out of it.

Due to consolidation, the music industry has suffered a steady talent drain for the past decade or so. In a relatively short period of time, the industry has gone from being powerful, profound and relevant to being weak, shallow and banal.

You don't think this is related to a bunch of culturally starved corporate stiffs calling the shots? After all, who wants to frequent a nightclub where your banker or lawyer is DJing?

Just take one look at the sales over the past couple of years. If that doesn't tell you something is rotton in the neighborhood, nothing does.

Sure, you can blame declining sales on peer to peer file sharing - you can blame it on September 11th - you can also blame it on your mother in law. In the end, loss of revenue is a direct result of ill fated business decisions and a lack of willingness to change with the times.

So how do you repair this major train wreck and put everything back on the right track? Since we do not get paid for our consulting services, we will refrain from offering any possible solutions. We'll let the corporate Einstein's who get paid the big bucks work this one out. One thing is for sure - there is no quick fix to this mess.

If things continue on schedule, the music industry will be the first monopoly to fuck up. Even though the labels have both exclusive control of their product and the government n their pocket, they still manage to look quite pathetic.

Here is some evidence which supports the theory that the music industry is a monopoly - and not a very good one at that.

Vivendi Universal owning MP3.com, GetMusic.com, Emusic.com and RollingStone.com and MP4.com. This is in addition to the majors owning Pressplay, MusicNet, CDNow and HMV.

In fact, the majority of the highest visited music web sites are probably owned by the major labels in one way or another. Nothing monopolistic about this, right?

How about some evidence from the artists? Branford Marsalis just launched an independent jazz label.

According to Branford, "The consolidation of the record industry into major conglomerates has turned the business into a mega-hit pop music machine with a very short-term focus," Branford said in a statement. "Artists who want to be musicians, not marketing creations, have very few places to record anymore. We formed Marsalis music to provide a real alternative."

You can read the full story at Billboard
http://www.billboard.com/billboard/daily/article_display.jsp?vnu_content_id=1339752

If my memory serves me correct, Branford is not the first high profile artist to echo this obvious truth - and he certainly will not be the last. In fact, only the corporate ass-kissing musicians have remained silent on this issue.

No one respects an artist who suddenly and inexplicably shuts his mouth after he gets some money thrown his way. If an artist cannot take the high road and stand up for his fans on this issue, he is nothing more than a chicken shit manipulated puppet. The fans, who contrary to popular belief are not stupid, have more respect for artists who do hair product commercials.

As we anxiously await the outcome of the DOJ investigation, life goes on. Thankfully, the labels will no longer dictate how the consumer obtains and listens to music, regardless of the outcome of this dog and pony show.

-Sphinx-
"Copy Protect This!"

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