10.24.07
Why I Applaud the Music Industry Lawsuits: A Lesson In Reality
(This essay was written by my favorite record producer and ushered in the end of an era. I question the future of some of my favorite bands, and am saddened that one of the few things that brings pleasure to my life is being put into jeopardy. I beg all of those people who think that it is their right to download and enjoy free music to read this and carefully consider the message that is being relayed here. -Arclightzero)
The End of an Era
This text originally appeared in the Dependence Vol. 2 CD booklet.
In Summer 2007, Dependent Records will close its doors for good. After we release the currently planned albums from Mind.In.A.Box, Rotersand, AutoAggression and Fractured, along with another Septic compilation, the label will cease to be active. And to put a nasty rumor to rest: we’re not broke. But after a long period of frustration, we’ve decided this is what we must do.
The following pages will explain why.
First, we should mention that this essay is directed less at those who are reading it - those vanishing few who still believe that music is worth paying for - than for those who are not.
This is not about money, and it never was. It’s about being encouraged to continue to release music. Anyone who wants to start a halfway professional label without ending up at the unemployment office a few months later must inevitably come to terms with some financial realities, such as determining how much money and advertising can be put into any given project and when to reign in the budget. (There are always a few wiseguys who will tell you that fiscal responsibility and the idealism of an independent label are incompatible notions. Let’s just say those people have clearly never tried to run a record label.) I think we’ve done pretty well in the last seven years; we haven’t squandered loads of money and we’ve released some pretty good records. But money was always tight, and in the future it’s only going to get tighter, because even if we were to continue to produce quality CDs, the rate with which they will be purchased legally will continue to decline. Each album released would represent an ever-increasing financial risk.

Chances of success decreased radically by illegal downloads: Dependent Act Seabound
The Russian pirate site Mp3xx.ru (name changed by editor) provides an instructive example. Not only does this portal provide free downloads of every album in the electro scene, it allows users to see how many times individual labels’ releases have been downloaded. While worldwide sales of Seabound’s “Double-Crosser” hovered around 2500 copies after the first two or three weeks of its release, the same album was downloaded from Mp3xx.ru over 5000 times in just seven days. And this is via just one of dozens of pirate networks like Kazaa, Bit Torrent, Morpheus, Shareazade, etc. Illegal downloads of Dependent albums outnumber legal purchase by a factor of three or even five to one.
Ironically enough, Dependence II also appeared on download platforms hours after it was initially released.
A popular claim often seen on Internet fora maintains that the P2P culture weakens the majors and bolsters the independent labels. This is, we can assure you, 100% bullshit. Even if there are listeners who download first and buy later, they are clearly in the dwindling minority. The same could be said of those who patronize legal download alternatives like iTunes, Musicload, and Grenzwellen. Many people seem to believe that music on the Internet is “free”, because it is readily available to everyone. But “freedom” isn’t about everyone doing whatever they want; it’s about having the ability - and responsibility - to make your own decisions. When everyone does whatever they want, the result generally isn’t freedom, but anarchy.
It makes no difference to us whether we sell records in the form of physical CDs or as digital downloads, but the production and distribution of music is an expensive proposition regardless of whether or not physical product is involved. We have to service DJs and magazines, help our artists with recording and design costs, provide tour support, and connect artists with agents and concert promoters. This all costs money, but these activities are not our primary concern. Our primary concern is to find and polish a few select gems, drawn from a vast wasteland of often atrocious music, that we believe stand above the rest and are deserving of a wider audience. We spend months - sometimes up to a year - working with our artists, helping them to fine-tune and polish their releases to be as fully realized as possible. This type of coaching can turn an above-average demo into a fantastic debut which is a more diverse, professional product than the original recordings. At the end of the day, it is the audience who benefits from all of these finishing touches, inasmuch as they result in better music. So if someone tries to tell you that record labels have become redundant in the age of the Internet, rest assured that they have no idea what they’re talking about, as most of them clearly have no clue what kind of work goes into producing a record. If you’re still not convinced, we suggest you spend a few hours looking for decent demos on MySpace to disabuse yourself of the notion that good music grows on trees, and to see for yourself how finding and developing new artists constitutes the lion’s share of a record label’s activities - not pressing CDs, which accounts for only around 5% of our workload. Our primary mission is to make the best music possible and to ensure it stands out from the rest.
In this day and age, record labels deal less with CDs than with the “rights” to an artist’s recordings. Whether these be realized in the form of CDs, vinyl, MiniDiscs or MP3s is immaterial. What is important is that the commercial exchange of these rights becomes exceedingly difficult when the materials are simultaneously available for free on the Internet - or in any event, when a few million morons seem to believe that to be the case. Incidentally, we are far from the only label suffering as a result.

Pride and Fall are also affected by the download problem. They offered to translate the Dependence II text into Norwegian
It is actually the job of the (German) federal government to insure that musicians and record labels have a platform on which to operate. That platform is known as intellectual property law. Intellectual property law dictates that the owner of the intellectual property - in this case, the musicians who write and record the music, as well as the record labels who release and administer it - has the exclusive right to decide what they want to do with it. They can give a song away for free on the Internet, they can press it on compact disc and store it forever in their basement - that’s their decision. With the advent of CD burners, P2P networks, and sites like Mp3xx.ru, the intellectual property law has lost much of its practical power, and the law is in need of considerable revision. Mp3xx.ru has been around for over two years, and its right to existence cannot be legislated from Germany. The Russian webmasters could give a damn if some German indie label is giving up the ghost; their site is financed through advertising, couple with the fact that the goods they are providing are stolen, enables them to make a reasonably good living. After multiple attempts, the federal government has so far failed to modify the 30 year old intellectual property law to insure that it offers those working in today’s music industry a reasonable way to make a living. If the law provided even a glimmer of hope that the situation for labels and musicians would improve, then we would keep on fighting. But the outlook for the next few years is bleak.
In the end, we are not closing our doors because of the existence of pirate websites, but because there are simply too many people who enjoy our bands and their songs who do not wish to pay for them, despite the fact that we reduced the sale price of our albums considerably two years ago. Consider this example: if 60% of the audience at a concert gained entry with forged tickets, the promoter, the band, the concert agency, and the venue would all be broke in a matter of weeks. We have lived for years now with the reality that much of our music is stolen, not purchased, and we have frankly had enough of it. A label releases music so that the public may pass judgment on it, but the label also expects to be compensated for its efforts based on the public’s reception to the material. It’s easy to become bitter when you notice that you’re being made a fool of by the majority of your listeners. We do not lack good new bands, or passion for music, but rather the motivation to release CDs given the current market conditions. The same goes for many of our artists, who can only stand by, shaking their heads in disbelief, as they watch the music into which they have invested months or years of their lives being ripped and copied for free; as a result, many artists are ceasing to release new albums. Perhaps our decision and this essay will help to convince the public that the Internet, MySpace, Bit Torrent, and Mp3xx.ru cannot truly replace the quality control services provided by a record label. Rarely do truly brilliant bands simply spring forth from the earth fully formed, just as one tends to not find Chanel suits at a flea market.
We would like to extend our thanks and apologies to all of our artists, most of whom are already aware of our decision, as well to everyone who has spent their hard-earned money on our releases instead of simply downloading them or burning them from friends. We respect you all the more because we know you could have more easily taken the low road. If it’s any comfort, know that without your support, we likely would have come to this decision much earlier, and the positive feedback was a continuing motivation. Thank you all so much! We hope we can count on your support for these last few months. If you have comments, feedback, suggestions, or opinions, please joins us in our online forum at www.dependent.de. Please feel free to distribute this statement further, as there are still bands and labels who have not yet lost their motivation and are fighting to remain active.

I would like to extend my personal apology to all the people who have worked with and for Dependent over the years, especially Heike, Ela, Lothar, Ned, Thorsten and of course Brigitta; to our excellent distributor Alive, our label manager Jochen, and all of their staff; to Luke and Alfred; to idealists like Claudia Schöne, Stefan Brunner, Ecki Stieg; and to everyone for whom music means as much as it does to us. Keep looking, and respect the music. Stefan Herwig, December 2006














Music » Why I Applaud the Music Industry Lawsuits: A Lesson In Reality said,
October 25, 2007 at 10:21 am
[...] Nashville Scene wrote an interesting post today onHere’s a quick excerptI beg all of those people who think that it is their right to download and enjoy free music to read this and carefully consider the message that is being relayed here. -Arclightzero). (more…) [...]
micky2 said,
October 25, 2007 at 11:06 am
This is one of many things I dont understand.
Why cant the site that provide free downloads just be taken out ?
And what happend to codes on CDs that prevent copying ?
Does someone always find a way around it?
We have documents all over the place that have restrictive codes on them to prevent un authorized access, so why is it such a problem for the music industry ?
arclightzero said,
October 25, 2007 at 2:51 pm
Where there is a will, there is a way, Micky. There are too may people out there who feel that security is nothing more than a challenge to work through. They often times aren’t necessarily intent on hurting anybody so much as proving that they can get around people’s efforts to make things secure. Of course, the harder you try to stop them, the harder they fight back. Sadly, this usually means that other people get their hands on the cracks and hacks and use them to exploit things like music or movies.
micky2 said,
October 25, 2007 at 4:29 pm
I realize that you can only catch so many of these guys at a time, but why is it I have only heard about a couple or maybe thre people who have got nailed .
Shouldnt the industry be nailing hundreds a day, a week ?
Why isnt the industry at least making it scary to illegaly download ?
I dont mean to turn this thread into a question and answer session, I could e mail you for that, but maybe others have the same questions ?
Or am I such a dinosaur tech ignorant that I’m the only one with these questions ?
mcdizzell said,
October 25, 2007 at 4:41 pm
I think that since a lot of the sites are from russia and other countries with that sort of “leadership” that the governments don’t see illegal sites like that an issue that needs there attention. I assume. And when was there codes on CD’s (I’m kinda young). Technically woulnd’t there need to be a different code for each individual CD? And maybe the reason they’ve stopped putting codes on is because people have found the ways around that, like arclightzero said. I know that computer games and software have them, but those cost so much that those are a neccesity. And like arclightzero said, it’s too bad that people use their struggle to overcome to do things illegal. If only then scientists could do that for like better energy sources.
I know this seems crazy but I knda like the idea of labels getting shutdown. Don’t take that the wrong way, but I feel that the only way to really teach a baby a lesson is to take its toy away.
arclightzero said,
October 25, 2007 at 8:30 pm
Actually, there have been over 20,000 lawsuits filed against people who infringe on intellectual property (music and movies, but almost all of them have been settled out of court. This most recent federal court case here in Minnesota was a first and was also precedence setting.
The problem is that there is no way to instill fear in young people today. Even though they have the threat of lawsuits hanging over their heads, they still defy the law and do it anyway, claiming that it is their right to do it. As if they have any idea what “rights” really are.
If you want some insight, the EFF is the spearhead organization for these assholes. Check out their information page is here:
http://www.eff.org/issues/file-sharing
arclightzero said,
October 25, 2007 at 8:33 pm
I agree with McDizzle too.. Maybe it will take a complete loss in the industry before people will learn. When all of the new music sounds like shit because the only place to record a CD is in your basement using second-hand equipment and a PC, people will get the idea that it takes money and effort to produce quality music.
PheistyBlog » Blog Archive » Free Music? No music. said,
October 25, 2007 at 9:26 pm
[...] had a great post tonight about illegal downloading, and its effect on the music [...]
Pheistyblog said,
October 26, 2007 at 6:35 am
Micky, the problem isn’t the ’site’, it’s the program, and a shared server. You download a program that shares files, like an FTP, and then you pull from others who have files, and who are signed into the server, which allows it. At least, this was the way that Napster and some others worked. So, it was nearly impossible to get rid of until they found the “holders of the main server”.
As far as the illegal Russian operations, there’s really nothing we can do about that other than bringing it up at stupid UN or NAFTA meetings. We all know how far that gets us.
Pheistyblog said,
October 26, 2007 at 6:42 am
And Mcdizzel, you’re right. It’s like living in “Atlas Shrugged”. When the producers (not just music producers) of goods and services are functioning simply for the ‘greater good’ or perceived ‘need’, and cease making money from their goods or services, they will disappear. They will shrug. I hope this isn’t the only way that people will learn, by losing some of the very things that others have the ingenuity and risk-taking guts to produce, but you’re dead-on. This is sometimes the only way that people will understand.
antisocialist said,
October 26, 2007 at 5:58 pm
Now that was exceptionally interesting — all of it, from beginning to end.
micky2 said,
October 26, 2007 at 9:05 pm
And Archlight turned into Poindexter, the brainiac was better, but popeye was the best.