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March 20, 2008 5:09 PM PDT

Why is Universal Music cozying up to Apple?

by Greg Sandoval
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Doug Morris is supposed to be the music industry's hard-liner.

The chairman and CEO of Universal Music Group, Morris yanked music videos off Yahoo and sued MySpace for copyright infringement. He threatened to pull songs from Microsoft's online music store unless Bill Gates forked over a $1 for every Zune music player sold. He seethed over Apple CEO Steve Job's refusal to let him and the other label execs set song prices on iTunes.

So why is he now offering Jobs a plum of a deal?

Morris has approached Apple with an idea to offer a device that comes preprogrammed with Universal Music's entire library on it, sources told CNET News.com. A music industry source said Wednesday night that Apple has broached the idea of bundling music with the other three major labels but didn't show much enthusiasm for the plan. "Apple was just inquiring about whether this kind of thing would interest (the other record companies)," said the source.

It's clear now, two days after The Financial Times broke the news about the Apple-label discussions that Morris, not Jobs, came up with the idea.

Insiders say Universal Music, whose artists include U2, DMX, and The Killers, wants to pump life into subscriptions, and is tired of seeing Apple selling songs cheap and making fat margins on the music players. Not surprisingly, he wants a slice of device sales from any gadget maker that licenses his music. Morris also has ambitions of turning Universal Music into a total entertainment company.

The plan now is to "partner instead of just being a vendor," a source close to the label told News.com.

Universal revamping strategy
In the proposal Universal Music pitched to Apple, the device would come with all-you-can-eat music for a period of time, perhaps a year, and then owners would be "rolled over into a subscription service."

Label wants to breathe life into subscription services

(Credit: Universal Music Group's Web site)

Subscriptions services, such as Napster, Yahoo Music and RealNetworks' Rhapsody are dwarfed by Apple's download store but are still very important to executives at Universal Music, say insiders. They see it as a way to get people to keep paying for music and to keep tabs on what audiences are listening to, sources say.

Universal Music was a big backer of an ISP tax, according to reports. And last October, BusinessWeek reported that Morris had also toyed with the idea of enlisting the other three majors to create a music-subscription service. The plan seemingly was derailed when the U.S. Justice Department began investigating whether such a consortium would violate antitrust laws.

"These guys at Universal," said one music insider, "are so obsessed with this subscription thing...but there are publishing issues involved with bundling and I don't think they make much money off it."

What can't be overstated is Universal Music's desire to get a taste of device sales, insiders say. Back when Apple's iPods became the rage, everybody in the music industry realized they missed an opportunity. While Jobs made pennies on song sales at iTunes, he pocketed 50 percent profits on some iPod models, according to estimates by iSuppli.

It's safe to say that almost all the major players in the music industry see that as unfair. They argue that what people want isn't a music player. It's the music.

That's why Morris went after--and got--a share of the Zune as well as devices offered by Sirius Satellite Radio, XM Satellite Radio and Nokia.

The FT reported that Morris wants $80 for any Apple device bundling Universal Music songs, while Apple has offered $20.

Getting a share of music players is smart, said Forrester Research analyst James McQuivey, even if it is late. But he warns that whatever gains the labels make on device sales, they could lose in other areas. Allowing Jobs to place their music catalogs on a single device might allow him to offer a breakaway handheld that could overshadow any other gadget or music service out there.

"The labels would just be turning over their music to another Apple-only environment," Forrester Research analyst James McQuivey said. "Nobody would want anything else."

"This kind of offer would kill CD sales far more quickly," McQuivey said. "You'd be giving people that typically buy music a reason to quit buying. Besides killing off CD sales, the music industry would harm two areas that are going strong for it right now. One is MP3 sales and the other is the (free streaming) music offered by social networks Imeem and Last.fm. If I were the music labels, I would tell Apple to come back in 2009, after I've given these other services opportunity to grow."

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Rumor
by ewelch March 20, 2008 6:19 PM PDT
This is based on rumor and speculation. There's no real evidence
this is happening and it's really a textbook example of yellow
journalism to repeat these rumors as if they were fact.
Reply to this comment
Thanks but no Thanks!
by georgiarat March 20, 2008 6:21 PM PDT
That should be Apple's response. I am not interested in a
subscription service and most other people or not either. As for
Universal, well, they know where they can go.
Reply to this comment
Make that "are"
by georgiarat March 20, 2008 6:22 PM PDT
Sorry, too quick on the post.
Apple sucks. Tell them to F* off.
by Zanny_Blowzsteve March 20, 2008 7:30 PM PDT
"As for Universal, well, they know where they can go."

Yeah, they can go to every other music player vendor. AND THEY CAN TAKE THEIR 40% OF ALL RECORDED MUSIC WITH THEM. Until the other 3 big labels get smart & do what Universal did & pull their content, fascist a-holes like Steve Jobs will continue to rape them & screw over the actual artists. The articlemade one intelligent point. People don't care about iPod, they care about the music. That is what they really want.
View all 3 replies
Reality
by wyly295 March 20, 2008 6:45 PM PDT
I cannot believe how disconnected from reality most posters appear to be when they opine on the music industry. The situation we face now is unsustainable chaos. Most people haven't a clue about economics, the value of music, the cost to produce music, the effects a "free music" environment will ultimately have on the quality of music produced, or lastly the fallacy Apple is foisting upon them. Subscription music is not the devil. I subscribe to Napster and love it. I occasionally purchase mp3 files as well. Subscription music is an excellent value propostion if you are someon who needs more than the top 100 songs over and over to be satisfied. Stop stealing, you idiots. And Mr. Morris at Universal, give up on the pre-loaded hardware concept. It sucks. Why don't you get behind Rhapsody and Napster. They have viable business models that provide value for everyone. And while your at it, force Apple to ditch the proprietary DRM. The world needs a single industry standard hardware agnostic DRM for subscription (and all other) music. Get it done. It's the only thing that will save you.
Reply to this comment
Not good for Apple...
by BlackMicro March 20, 2008 8:03 PM PDT
After years of subscription service don't we all realize it is only
good for a small portion of consumers. People just don't want it!
And for the millionth time the record labels required Apple to have
DRM! Stop blaming Apple! Just because it blew up in the record
labels face.
I agree.... Music shouldn't be free.
by fredtheviking March 20, 2008 8:26 PM PDT
Music shouldn't be free. What I see is a Music industry that is drowning and is acting desperately and from the outside it is easy for us to say they are behaving foolishly. However, they are just desperately trying to dig themselves out of a hole that they don't quite understand how they got themselves into... I blame the music priates for thier irresponsiable behavior. In the future the death quality music will be attributed to them. I hope that individuals come to thier senses and realize that they must pay if they want quality music. In other words, you get what you pay for. If content is free, then it will be cheap in quality. Plain and simple.
View all 2 replies
Snowflakes
by varun_prasad March 20, 2008 10:02 PM PDT
Different people have different needs.

As a music fan, I have hardly found any music since 1995 (none
on major labels) that I would like to listen to. I was born in
1986. My dad, born in the 60's has hardly found any music
since the 80's that he enjoys. If he gone for the subscription
model, he would have paid for 40 years of music, while listening
to only a few 100's of dollars worth of albums.

Some people, who like to listen to everything and anything, will
enjoy subscription. That does not mean it is the most economic
or best system for everybody.

Also, people who have huge CD libraries, have NO reason to
switch to a subscription model.
Almost made sense
by GGGlen March 20, 2008 11:28 PM PDT
Your post almost made sense, but when you said " the fallacy
Apple is foisting upon them", you lost any semblance of
credibility.

Also... I tried Napster and I HATED it. After a month, I realized
that I'd be paying and paying and paying and paying, so I
dropped out and went back to a "I paid ONCE and I can listen to
it FOREVER without paying another dime for it" model.

I also took a good look at every single online store that SELLS
music, and not ONE of them fits into the "top 100 songs over
and over" category. Since EVERY ONE of the online stores sell
what appears to be MILLIONS of songs, you're just being silly.

Oh, and have I mentioned that Real is raising the subscription
fee of their music store? Subscription based services can do that
at the drop of a hat, you know, and if you don't agree to pay
more than you did when you signed on, "POOF!", there goes
your music that you've already paid and paid and pad and paid
and paid and paid to listen to.

Lastly (and anyone with access to the net and can read can verify
this), it was THE RECORD LABELS, NOT APPLE, THAT WANTED
DRM. That was such an utterly absurd (and easily disproved)
statement to make, that if it weren't such a biased "hit piece",
it'd have been sadly laughable.

I suggest Googling "apple jobs statement DRM EMI". In case you
don't recall, Mr Job's famous "Thoughts on Music" open letter to
the music industry was, at one time, the hottest topic related to
DRM (and the music industry in general) on the internet.

http://www.apple.com/hotnews/thoughtsonmusic/

Come to think of it, your post made no sense whatsoever, except
in pointing out that yOu hAtOrz teh aPPleZors.

:-)
View reply
Uh, THE MUSIC BIZ are responsible for the DRM
by CharlesRovira March 21, 2008 6:04 AM PDT
its NOT Apple's wish to encourage any technology deployment that eats up CPU cycles for essentially nothing.
by galacticgufus May 11, 2008 3:50 PM PDT
i have a pretty 'good clue' about the 'effects of a "free music" environment on the quality of music produced'. the quality would be vastly improved. i only have to look back in history. the rubbish that the riaa has foisted upon us for the last fifty years under the enslaved music environment is not worth listening to. the (comparatively) freedom based music environment which preceded the riaa's tyrannical rule was far superior. i say, let's have more freedom. down with apple's drm. down with the riaa. down with universal. down with proprietary mp3 (.ogg is far superior)... oh yeah and ron paul for president in 2008.
Typo
by Galaxy5 March 20, 2008 7:47 PM PDT
Your caption reads "breath life".

As you know, it should be "breathe".
Reply to this comment
Fixed.
by sandonet March 20, 2008 8:06 PM PDT
Thanks for the catch.
No you can not have MP3 players profit just because!
by mclaughlinc--2008 March 20, 2008 9:56 PM PDT
So by the record label logic movies companies should get a
piece of every DVD or TV sold or how about car companies
wanting money for oil companies.

While I agree these companies need to find new sources for
revenue, this is not a valid argument, in my opinion.

The smartest thing I read about their plan was wanting to
convert Universal into a media company, which by the way, isn't
there a Universal Movie company already? What do you think the
CEO of that sister company think of that, if it's not the same
guy.
Reply to this comment
Agreed
by GGGlen March 20, 2008 11:34 PM PDT
My iPod is charging, right now, via my laptop.
Care to guess how many songs, movies, audiobooks (etc. etc...)
are loaded on MY iPod?

ZERO. NONE. NADA ONE.

My 'Pod is loaded with the tools of my trade (I'm a tech).
My 'Pod is used to boot ailing computers, then troubleshoot
them.

The thought that some greedy little piggy wants to charge ME
for music that IS NOT, NOR WILL EVER BE on my 'Pod disgusts
me.
Makes complete sense
by varun_prasad March 20, 2008 9:57 PM PDT
It makes complete sense that Universal wants to encourage
subscription services. They have recognized with the internet,
there is no need for the music label middleman, since music
acts can sell music directly (or give it away for free, and make
money of concerts, and memorabilia). The music subscription
business is the only way to make labels relevant, because the
only way for an artist to get into this deal is through a music
label.

Even if subscriptions mean less money now, it is a great future
play for the music labels.
Reply to this comment
digging
by wyly295 March 20, 2008 10:19 PM PDT
You're right, this "comes with music" scheme looks desperate. I can't believe Doug Morris is still running that company. He publicly admits they didn't have a clue what to do all along and wouldn't have known who to hire if the did and now he comes up with this scheme that people will game to no end. Can't they see that the root of the problem is multiple DRMs? If all digital music played on all hardware people would be buying and subscribing like crazy.
Reply to this comment
Doug Morris is a clown
by assclownbush March 20, 2008 11:21 PM PDT
It's people like Doug Morris who are the ones responsible for the increasing decline of traditional music sales. You propose idiotic ideas like this and it makes more people head off to the Apple iTunes Store instead.
View all 2 replies
proprietary DRM
by danieln92000 March 20, 2008 11:27 PM PDT
I find it very hypocritical of you to criticize Apple for having
proprietary DRM when you yourself use it (Napster uses Janus -
a version of Windows Media DRM). While I agree that Apple
should open its DRM or help create a new universal standard, I
think it best we go for Apple's chosen codec, AAC (a
standardized codec that was designed to be the successor of
mp3). Even better would be the elimination of DRM altogether as
that would solve a host of problems, including platform
interoperability (I switch between Mac OS X, Windows Vista, and
Linux on more than a daily basis) and device interoperability
without the added cost of developing a new standard or
switching to another.
Reply to this comment
this comment was a response to wyly295
by danieln92000 March 20, 2008 11:31 PM PDT
I don't know why it was listed under the main story. The page said
I was replying to "reality" by wyly295.
DRM?
by wyly295 March 21, 2008 10:34 AM PDT
Hypocritical of me? I have no choice? Microsoft's Janus DRM is the only one that has been licensed out to hardware manufacturers for use with subscription music. Apple has not licesned its FairPlay DRM for the same purpose. If it did so I assure you Napster and Rhapsody would embrace it immediately. The only reason Napster and Rhapsody are struggling right now is because Jobs won't license his FairPlay DRM to them. Jobs is the hypocrite, stirring up sentiment with his disingenuous "thoughts on music" diatribe and then keeping DRM on almost all his music. Wake up!
View reply
Out With The Old...
by artistjoh March 20, 2008 11:34 PM PDT
As an artist I wish to point out that the Music Industry as with other traditional middle men in the arts (gallery owners, record company's, magazine publishers, etc) are claiming to represent us. It is not true. There are a tiny number of big name acts who support the record industry because they have managed to cut themselves a fat deal from the record industry. Most of us on the other hand are either screwed or ignored, and we are grateful that the Intertnet has provided the opportunity for artists to go the Indie route and access our audience directly.

The economics of arts middle men was once dictated by the fact that the real producers of music and the other arts (musicians, artists, writers, etc) had no other way of reaching a significant audience. We needed them and they behaved as though they had us over a barrel. They had real power, and they liked it.

The Internet has changed that and the record industry likes to behave as though they deserve a profit, but why? They don't earn it any more, at least not like yester-year. They have a role but it is diminishing, and they need to realize that their slice of our pie needs to reflect the new reality.

It is not true that music standards will fall as a result of the record industry making less money. It is more likely to improve as most independant artists discover that they can make more from their music by being independant than by signing away their rights to an arrogant record company. Most artists prefer the independence of working for themselves than becoming the hack of the marketing department at Universal and other heartless entities.

It is a new world that will benefit both artists and consumers alike. Folks you have to pay the artists, but it isn't nearly as much as the record company wants, and in this brave new world lets not support their old ways of profiting from both of us, nor their crazy schemes to rake in undeserved dollars from the technology company's that have pioneered the new reality.
Reply to this comment
Right on!
by GGGlen March 20, 2008 11:41 PM PDT
I especially liked hearing an artist state "It is not true that music
standards will fall as a result of the record industry making less
money."

Man! I was at SXSW in Austin last week, and to everyone
suggesting that "music isn't as good as it was when I was
young", I suggest to them that they'll soon be yelling "get off my
lawn!".

Those same people prolly walked 10 miles to school, too. Uphill
in both directions, in blinding snow... yada yada

:-)
View reply
It's not just the iPod people want...
by jmooring March 21, 2008 12:23 AM PDT
... it's the integration Apple sells that appeals to so many folks.
People buy into the ecosystem as opposed to just the device. But
even just considering the iPod by itself, though it may not have
been the first portable jukebox it was certainly the first to combine
that kind of capacity with an appealing form factor and simple
interface. That's a pretty compelling value proposition on its own.
Clearly content is central, but to say that it's the music people want
and not the player is to miss the bigger point. Like it or not, it's the
overall experience of accessing and interacting with a large music
collection that Apple has really nailed.
Reply to this comment
iPod is mine
by mister_moon March 21, 2008 2:52 AM PDT
I don't purchase music from the iTunes store. I buy cd's and copy
them to my iPod. Why should I pay a premium for something I
don't use? If apple goes down this route they will lose a lot of
customers.
Reply to this comment
Exactly!
by riodejaneiro2007 March 21, 2008 3:15 AM PDT
Apple will make a mistake if they do this!
This would be an optional iPod
by SteenMachine March 21, 2008 3:23 AM PDT
I believe that the "comes with music" iPod would be available as well as one that does not come with music. Apple would not force consumers with one path. That would be just stupid on their part.
View reply
We'll Still Buy...
by fightingmad01 March 21, 2008 5:05 AM PDT
Subscription service allows people to have music on their listening devices ONLY as long as the subscription is maintained;once it's dropped (id est, payments stop), then the music disappears. If I download music, I want it for KEEPs - 99 cents a track is reasonable in my book - I'll still keep buying the music - just in mp3/aac format, when available. There're still plenty of golden oldies that are on CD or LP, that will NEVER make it on-line - so let's not write off the CD industry just like that! <grin>
Reply to this comment
Hear a tune, see a commmodity
by CharlesRovira March 21, 2008 5:57 AM PDT
I can't think of anything I'd like less that to buy an iPod pre-filled with crap music (or even just access to crap music [and if I don't pay for a month, my account get suspended {when I really "gots da bluz!}]) I don't like and don't want.

They just don't seem to understand what the connection is between a person and a piece of music.

Its music, not some tasteless "white-bread" diner roll.
Reply to this comment
iPod = Suckers
by ExWinUser March 21, 2008 7:39 AM PDT
They know so many computer illiterate people buy iPods and it's easy to sneak this option right under their noses.
Reply to this comment
SOOO TRUE!
by dysonl March 21, 2008 11:09 AM PDT
Apple can do whatever they want as long as the product they sell makes the computer illiterate people *look* high-tech and cool. They don't care if they must give their credit card number just to *open* an iTunes account and they don't mind if they have to pay 20$ for apps that now come for free with the same iPod Touch they bough two months ago.
View reply
CDs are lossless, and DRM-free.
by Galley March 21, 2008 7:42 AM PDT
Why should I pay extra for an electronic device for something I
don't want? Besides, CDs are cheaper than crummy-sounding
digital downloads.
Reply to this comment
Hear hear.
by MrTangent March 24, 2008 7:52 PM PDT
I will not buy digital downloads UNTIL they're offered in lossless
format. DRM, I can live with as long as it's like Apple's Fairplay
(which is more than fair, imo). I have over 2,000 legitimately
purchased CDs and I'm a big spender. Apple or some other
service will not get my business until they offer lossless
downloads.

Also, I want FULL album art in a high quality PDF format. That
includes liner notes, lyrics, front and back art.

Oh, and it better have full ID3/tags like NIN's recent Ghosts I-IV
did.

The way out is through...
Doug Morris is a greedy Shyster
by djFLWB March 21, 2008 11:07 AM PDT
Doug Morris is continuing what a long line of greedy music execs have done, rob the artists and the consumers. He's a crybaby because he was shortsighted when he didn't see where the industry was going. He is still trying to force consumers to what he wants, not responding to what consumers want. Gee Doug who knew the money would be in hardware? Steve Jobs did.

Read the book "Hit Men" by Fredric Dannen to understand about how the music industry operated back in the glory days. Then tell me they aren't trying to resurrect those days now.

Jobs and everyone else should tell him to F-Off. There's a ton of content available out there without Universal's crappy catalog. Nothing but a bunch of hackneyed artists past their prime with overpriced recording contracts.
Reply to this comment
"So why is he now offering Jobs a plum of a deal?"
by AJ Pants March 22, 2008 5:34 AM PDT
Because he has no choice!

He looks like even more of a fool now.
Reply to this comment
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