02-13-2012, 10:15 AM | #76 | |
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Verbal agreements are binding, with no signature. |
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02-13-2012, 10:38 AM | #77 |
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02-13-2012, 10:40 AM | #78 | |
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That said, there are many top songs that were just done to fill in space originally. Smoke on the Water comes to mind. |
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02-13-2012, 11:03 AM | #79 | |
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This includes both software where the terms are inside the box, and potentially, digital sales on sites where the terms aren't shown at login. (I don't think Kindle users are required to see Amazon's Kindle TOS before buying. They're required to see Amazon's standard TOS, but the ebook-specific terms are pretty well buried.) |
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02-13-2012, 01:37 PM | #80 |
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EULAs don't stand up very well in court, if ever. You're more likely to be punished for fraud (ID theft/impersonation) than actually infringing anything in the EULA, if you were to use someone else's license.
The other thing is that software has provisions for cracking and reversing in many situations, this is mostly in reference to older software, but the case can be made for interoperability of components. At the end of the day the EULA while it may attempt to limit the users rights, it makes no attempt to magically lock the software itself, that is done by the author (and is not always DRM), allowing you to use the software as you wish. Should the software become legacy, there is no real way for the author to disable it remotely. This all changes with install-time DRM schemes... but hey, that's what we're talking about here isn't it? With content however, should the DRM scheme become broken or unable to authenticate in any way, you are unable to do anything with the content (unless the DRM is weak and you can strip it without requiring the DRM services to still be functioning). This means that content can become broken even on intended devices and services. In the end it all boils down to the 'I own this book' and 'I lease this book'. Some formats might be better for moving leased books, but you're unlikely to see old-media wanting to sell you files without some lock-in service/hardware. |
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02-13-2012, 01:51 PM | #81 |
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I'm having decent early success selling via PDF using paypal's micropayment system.
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02-13-2012, 07:48 PM | #82 | |
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Last edited by cfrizz; 02-13-2012 at 07:54 PM. |
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02-14-2012, 02:54 AM | #83 | |
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Only, they buy music from 'smaller' bands and artists who they never new without 'piracy'. I agree that the so-called 'big' artists will sell less. But, is that related to 'piracy' or the recycling the same-old same-old over and over again? The same relates to the movie industry. The complain very heavily, but make more profit every year. Cinema's having more viewers every year. And still they complain about piracy. True, their 'blockbusters' will have lower revenues (actually, a blockbuster should be decided by the public, not the movie company...), but the smaller films generate much more visitors. Same thing as with the music industry, a lot of the 'big' films are the same-old same-old. Visitors don't want that anymore. They rather download it and go to a smaller film which has more content. Like most big industries, the media industries are very slow in changing and instead of looking and listening to their clientele, they try to bully their clientele into accepting the old method. |
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02-14-2012, 04:17 AM | #84 | |
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But that is exactly the business model that operates in a number of markets: gillette are credited with inventing it - give away the razor and then make your money on the razorblades. The same model operates in the mobile telephony market, pay-TV, computer printers. Savvier consumers pay extra for an unlocked mobile phone, but that's probably the exception rather than the rule. There are lots of happy Amazon users out there and it's probably true that Amazon's strategy has given a huge boost to the adoption of ebooks. Whether it's good for the long-term health of the market is another matter. |
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02-14-2012, 01:14 PM | #85 |
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Yep, also the '90s was a boom period for the industry because many were re-buying their music to upgrade from records and cassettes to CDs, I know I did. They were also price fixing during this era which was exposed in '99. Once these things ended revenues naturally fell.
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02-14-2012, 09:41 PM | #86 |
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My understanding is that the record companies are selling more music than ever before...what's killing them revenue wise is that customers are choosing to buy 99 cent singles instead of $15 albums because as a collective whole we got sick of paying $15 for one or two decent songs and another 8-10 songs of filler.
The obvious solution to customers is to produce more songs I'd like to buy. The obvious solution to the record companies is to scream piracy. Study after study has shown that people who fileshare more also buy more music. I also wonder if anybody has dared to compare the incidence of online filesharing vs. the old "sneakerNet" days when people made mix tapes and copied their casettes. As for DRM on books, I love the quote attributed to Cory Doctorow I read today: "Anybody who believes in ebook DRM has never met a typist." Last edited by BillSmithBooks; 02-14-2012 at 09:43 PM. |
02-14-2012, 10:04 PM | #87 | |
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DRM is a low fence. People who like the thrill of going where they aren't invited will see jumping over the fence as a delightful challenge. But a lot of people will be deterred. The problem with DRM and popular music is that people who are at the age where music is of greatest interest are also at the age where breaking rules has the greatest appeal. Since readers tend more to be young children and older adults, I think DRM has a better chance of working with books than with music. Am I sure? No. Sometimes you will hear it claimed that, in certain countries, cheating on taxes is a national pastime, with people of all ages ashamed if they pay what is legally owed. Maybe breaking eBook DRM will become such a national pastime in the US. None of us know for sure. Last edited by SteveEisenberg; 02-14-2012 at 10:07 PM. |
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02-15-2012, 09:23 AM | #88 | |
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These many proprietary formats appear to be an attempt at “vendor/device lock in”, and more and more people are starting to see through this. Format shifting is simply a valid way to correct this. Having a standard format would be an advance in my opinion. Publishers, vendors, and resellers would love to be able to be able to legislate their way around people’s common sense, I just don’t see this as ever being successful. Last edited by CyGuy; 02-15-2012 at 11:13 AM. |
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02-15-2012, 04:13 PM | #89 | |
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That said, even if I were an AT&T/T-Mobile/etc customer I don't see the benefit. The carriers don't give you a discount for bringing your own phone. Everybody pays for the subsidies, whether they take advantage of them or not. Sure, I could be grandfathered into an older plan and keep going month to month, but even taking the subsidized phone I remain grandfathered into much older & cheaper plan -- yes I commit myself to two more years, but after more than 10 years with the same carrier I don't see myself changing carriers any time soon... |
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02-16-2012, 10:43 PM | #90 | |
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I haven't checked their plans recently - did they get rid of that? |
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