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Will the Loss of DRM Confuse Customers?

By Jimmy Guterman - Mon 16 Apr 2007 06:10 AM PST

Billboard has a counterintuitive piece on EMI’s decision to let iTunes and other stores sell its music sans DRM. The new downloads will be more expensive than individual tracks are now on iTunes ($1.29 rather than 99 cents), but they will also have higher sound quality and, of course, not be encumbered by copy protections. Brian Garrity argues that “the introduction of these downloads is coming at the expense of the initial clarity of the iTunes message. In fact, Apple is creating new marketing and messaging challenges for itself.” Garrity lines up experts to question whether this gives consumers better value. The most pungent critic, Peter Eckersley of the Electronic Frontier Foundation, contend that “consumers actually are getting a raw deal by being charged a 30 percent premium to effectively buy back their rights. And while audio quality is improved, it still doesn’t match CD quality.” And Garrity concludes, ominously and smartly: “For an industry that needs its digital business to offset a slumping CD market, down 20 percent year to date, it’s hard to reason that higher-priced digital offers will help accelerate consumer adoption.”

These are all good points, but none of them are new. The “initial clarity of the iTunes message” that Garrity invokes never existed. It was never a simple 99-cents-per-song/$9.99-per-album deal. iTunes has allowed majors to price selected albums at $11.99 for at least three years, and many longer songs are not available for individual purchase in the store, only as part of the full album. Convoluted rights schemes have left customers unsure whether they’ll even have access to every song on an album, especially compilations. Eckersley’s observations are spot on (early adopters get the shaft), but this is a time at which an industry in danger of disappearing has to experiment early and often. Perhaps innovation will turn out to be more effective than litigation. 

Posted in: Entertainment, Music, Legal, DRM



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1 Response:
  • From Glenn Mon 16 Apr 2007 08:12 AM

    I see your point, but I disagree. Here’s why: If you ask consumers what a song costs at iTunes, the answer will be 99 cents. If you ask that consumer what an album costs at iTunes, the answer will be $9.99. That is the clarity of iTunes message. How often did you hear consumers complain that iTunes’ pricing was unpredictable? Right. Never. One of Jobs’ arguments against variable pricing has been that it would make its pricing scheme less predictable and add to consumer confusion.

    (What consumers believe isn’t always the truth. Do they really think a CD costs $20? That’s odd considering the average selling price of a CD dropped to $13 a year or two ago, according to NPD Research.)

    You’re correct when you say higher priced album have existed at iTunes for years. But the existence of $11.99 albums (or $10.99, and $10.49) has not changed the consumer’s belief that iTunes’ prices are $0.99 for individual tracks and $9.99 for albums. Nor has the rare exception to iTunes simplicity and depth of catalog (Radiohead’s album-only downloads, lack of Beatles’ catalog) taken away from iTunes’ predictability and ease of use. Picking the phrase “convoluted rights schemes” exaggerates the number of tracks that are not available at iTunes.

    But I don’t agree with Garrity, either. He failed to mention that EMI’s album prices will remain at $9.99 for both DRM and non-DRM tracks. And he underestimates consumers’ ability to handle a two-tiered pricing structure. Really, is it that hard to digest? One kind of track costs $0.99, another costs $1.29. The typical person will get over their initial confusion in less time that it took me to type that last sentence.

    The big mistake Garrity made was thinking digital music consumers are incredibly price sensitive. Time will tell, but I doubt the price increases he mentioned will harm digital sales growth. I doubt eMusic’s price increase is going to harm either the company or the labels they sell. Rhapsody is going to weather its price increase just fine (Garrity did not mention that Rhapsody To Go’s price remained flat). And EMI may find that people will in fact pay more for DRM-free tracks. I’d bet that $1.29 is not too much for single downloads.

    I hope Billboard revisits this article in eight to 12 months and grades its doomsday opinion.

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