July 16, 2009 6:07 AM PDT

Entertainment: Is it a rent-to-(never)-own market?

by Matt Asay
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Even as the decline in DVD sales--both in the U.S. and abroad--has accelerated since 2006, DVD rentals through services such as Netflix (adding 25 percent more customers since 2008) and Redbox (adding 500 machines per month) have been booming.

The reason, as The Economist surmises, may be a shifting view on how consumers prefer to consume entertainment:

The real worry (for the movie industry), then, is not that people are abandoning DVDs but that they are abandoning the notion of owning them.

This is perhaps exacerbated by an industry that can't seem to make up its mind by what it means by ownership, as Ogilvy Group U.K.'s Rory Sutherland writes in The Spectator:

(The) piracy debate is far from one-sided. The very same record industry which today bleats on about intellectual property seemed conveniently blind to the concept back in the early 1990s when they charged us 19 pounds (about $31) for every CD they reissued--even when we already owned the very same album on vinyl....

The BBC often commits the same offense. Why should I pay full price for a DVD boxed set of "The Office" when I have already paid for the series through my license fee? Either the value lies in the physical packaging or in the content itself. Publishers try to charge for both; to have their cake and sell it. This is questionable.

Indeed, it is. Whether we're moving to a rental market or finding new ways to apply ownership to digital goods through digital rights management (DRM) and other means, those industries that sell digital content (movies, books, news, software, music, etc.) need to get their story straight. Is the value in the content, or is it in the packaging?

For Apple, it's both. Apple has long insisted that consumers prefer to own rather than rent, and it has sold more than 6 billion songs through its iTunes Store to prove it. But arguably, the value in Apple is in its distribution service (iTunes), more than the bits and bytes of the songs themselves. I can download Bob Marley for free, but I elect to buy through iTunes for a fee. The service justifies the price.

In software, it's increasingly packaging and ancillary services that drive purchasing because the "content" (i.e,. the software) is a free download. That packaging, like Apple's iTunes, is worthless without the content, but together, they're a good deal.

Is this the future?

Trent Reznor seems to think so. You?


Follow me on Twitter @mjasay.

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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Add a Comment (Log in or register) Showing 1 of 2 pages (25 Comments)
by dlcollison July 16, 2009 6:56 AM PDT
I purchase the songs so that I can freely move from device to device - I want to have on my computer to listen while I'm working, burn to CD to listen in my car, download to my iPod for when I'm on the road or out working. I don't want to have to pay arbitrary rental fees for each device that I happen to listen to a particular song on. I legally purchase music to support the artist - once I own the CD or the track that I've legally purchased and downloaded, why should I keep having to drop nickel after nickel.
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by SIGHUP July 16, 2009 6:58 AM PDT
Music I like to own, video I rent. I almost never go back and watch a movie a second time.
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by karpenterskids July 16, 2009 10:15 AM PDT
Same here.

I've only ever bought one movie through iTunes...and it was Prince Caspian, a movie I loved...but I've only watched it ONCE since then. ONCE.

It remains on my hard drive...a solemn reminder to never buy again.
by Random_Walk July 16, 2009 7:03 AM PDT
...it could just be that current movies and DVD-based entertainment, well... sucks. Okay, not "sucks", but is rather "mediocre".

I'm most likely typical in that I only buy DVD's of movies I want to keep, to watch again and again as time goes by. I'll also buy the occasional cheapie B-grade SciFi and horror movie out of the dollar-bin (yes, MST3K fan here), but unless the movie is really worth a damn, why bother? I can count on one hand the number of movies that have come out since 2005 (or so) worth keeping, with fingers to spare. OTOH, there were tons of movies previous to that time period that are flat-out awesome, of nearly every genre.

I would much, much rather watch Bruce Campbell's Evil Dead series (e.g. Army of Darkness) repeatedly, than anything with Will Ferrel(sp?) in it. Transformers? Meh - I'd rather buy the DVD box set of the cartoons than bother soiling my retinas with the current CG-gasms that represent recent efforts.

You get the idea... and I suspect that most folks feel the same way, hence the curve.
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by protagonistic July 16, 2009 7:10 AM PDT
I grew up in the heyday of the 45 and the 33 1/3 and so my viewpoint was formed against that background. When I purchase music I fee I should be able to play it where I want and when I want. Once I put my money down it is of no concern to the RIAA if I convert it to a different format so I can play it on a different device. I moved my LPs to reel to reel and cassette and I will do the same with the music I buy today.

One positive thing the RIAA has done for me. It has convinced me to explore the world of independent artists. I have found that there is a whole other world of music out there with musicians that can actually sing and play musical instruments. They are much better than those spoon fed to us by the RIAA in some obscure formula designed to make them money rather than to actually entertain us.

Wake up people and vote with your wallet. If it says RIAA anywhere on the case look elsewhere. We the consumer made them and we the consumer can break them. Don't pirate their music, just don't buy it.
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by Mercuryk July 16, 2009 7:19 AM PDT
I believe that people are buying less packaged product because they are afraid of be burned. Face it, we've had 8 tracks, cassettes, beta, vhs, laser disk, countless other forms of media delivery and now DVD is going the same way replaced by Blue Ray, when people buy something they see it as a long term purchase, not something that you buy now and have to replace in 2 years because the technology has changed. I know that I am buying much less packaged product because of that.
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by Random_Walk July 16, 2009 8:34 AM PDT
Good point.

On one hand, I still have a (huge) box of reel-to-reel tapes (courtesy of my father) that I can very easily convert to FLAC without much effort... just have to set up and clean the ancient Sony tape player, plug it in, fire up Audacity...

OTOH, why bother going out to buy new stuff if the format just won't play on anything a couple years hence? The days of a living room with an entertainment center stuffed full of components (to play DVD, VHS, CD, audio cassette, game console, satellite/cable, and etc)? They're gone. Most folks want a cleaner living room/family room these days, and are getting picky about what they have and use in there.
by wangbang July 16, 2009 7:37 AM PDT
I enjoy collecting DVDs, but in the past year I have seriously curtailed my purchasing. Why? I don't have the space to keep storing them!
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by Understarsidream July 16, 2009 7:43 AM PDT
This is a good article with a valid point - how many times do these companies expect me to purchase the same movie? First was the VHS, then DVD and half a dozen different versions of the DVD via platinum, gold, bonus edition idiocy and finally I'm supposed to run out again and buy it on blu-ray? I'm sorry it's not going to happen.

These media company companies need to focus more on consumer wants than corporate greed.
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by BtmnHatesRbn July 16, 2009 7:50 AM PDT
Sounds strange, but I believe that consumer tech just should've stopped in 1998 and stuck to those standards...oh, wait, it actually did, with I don't know how many people's houses I visit to fix a computer and that computer is a Windows 3.1/95/98 POS, or an older Mac running OS 7/8/9, and they still have their VCRs from the 1990s and that, believe it or not, "new" DVD player. You know, as they would say, "Those CDs with the movies on 'em!" To make it all the more ironic, they also own Wii consoles. (I live in the Las Vegas, NV area)
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by Renegade Knight July 16, 2009 7:55 AM PDT
The TOS And EULA prevent you from actually "owning" your digital content anyway. At best it's a long term, non transferable, rental. Which I will ignore in my will.
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by umbrae July 16, 2009 7:57 AM PDT
I stopped buying DVDs when studios started arguing about HD formats. If HDDVD had one I would still be buying those, but now they have to want for me to upgrade to see any more sales. Netflix all the way until then.
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by weegg July 16, 2009 8:00 AM PDT
I still have my LDs (laser disc), remember those! Everything after this technology has been eclipsed is pretty disappointing. I relish viewing over and over again movies like "The Wind and the Lion" (John Huston director) or the Outer Limits (in glorious B/W). Now, instead of either TV or movies I'm on the computer playing WoW (I think of it as interactive TV).

I miss the old grand classics of Ben Hur or Spartacus. Instead we have these over hyped and paid stars that just don't hold a candle to the old cast of actors. I'm sorry but what we have today is pretty pathetic (only a few would be equivalent).
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by tinlizziedl July 16, 2009 8:03 AM PDT
We are also entering a new era via generational gap, I believe. Growing up, I paid cash on the barrelhead, and did what I wanted with the product. Now I'm asked to pay COB, but there is no product, only a service, with severely circumscribed "rights." I find that I am no longer a buyer of product, but a puchaser of Service Agreements, with few to no rights to any product I pay for. Our children will see nothing wrong with this model, since it is all they have known. That should be a little scary, isn't it?
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by magicmaster July 16, 2009 8:26 AM PDT
Strategy to counter:

(1) Don't rush to buy those just-out DVD or CD titles. Wait for a few months for their prices to drop.
(2) Don't own; rent those titles that are unlikely to be watched again.
(3) Since those media companies will eventually release super-deluxe-platinum-gold-premium all-in-one DVD or CDs, the longer you wait, the better deal you get. In the meantime, listening to online streaming radio to satisfy your need.
(4) Refuse to buy any music formats with DRM protection.
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by waepoint July 16, 2009 9:02 AM PDT
While Netflix and RedBox are growing, don't forget that Blockbuster is tanking. I'm not sure we're seeing a growth of DVD rental so much as a shift towards more convenient rental distribution. Overall renting behavior may still be down overall as people figure out which method (DVD purchase, rental, streaming, etc.) offers the best balance of access and price for various types of content.
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by karpenterskids July 16, 2009 10:19 AM PDT
Redbox is AWESOME!
I use it...a lot.

I have yet to use Netflix, just because I don't like subscription fees, but I may take the leap, since Redbox has a limited amount of DVDs, and I've watched nearly all of them.
by jrepenning July 16, 2009 9:38 AM PDT
It remains fascinating, as well as confirmed by all the commentary here, that we so avidly want to *own* music yet just as avidly want to consume and discard video. Someone should invest some serious research into the "why?" of this dichotomy!
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by The_Decider July 16, 2009 9:50 AM PDT
How does one consume video?

Why is simple? Movies are anywhere from 90 minutes to 3+ hours. You aren't going to watch the same movie over and over again. The same is not true for music.

This isn't rocket science.
by nicruf July 17, 2009 2:12 PM PDT
I think this is the proper shift in the way consumers intelligently spend. There are two different types of re-usable media - Single Consumption and Multiple Consumption. When it comes to ownership - there is no reason to own something that you're going going to consume once. For the most part, movies fall into that category. Music does not - which is why the iTunes model works well.

This concept is happening with many different industries. Zipcar is doing a great job with cars - especially in city areas where car ownership is expensive and desire is transient. The Library has been renting books for a long time, and now there are convenience based services like BookSwim that work like netflix but for books.

Any media industry that fails to adopt leasing models will ultimately miss out on a great deal of profit (or even die) as it is better to receive $1 every time a person rents a DVD (and have a wider market) than receive $5 for a purchase but have a much smaller market. Plus - production costs are drastically reduced with a rental market which is a positive for the whole distribution chain and the environment.
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by mosesavalon July 21, 2009 10:06 AM PDT
Asay might have overlooked an important factor that Apple clearly wants people to overlook: that iTunes sales are the same as "renting." Or perhaps a better word is ?leasing.? It's just packages so well that you don't feel it. When you "buy" a CD or record you can play it until it breaks as many times as you like on as many devices as you like, even if you bought that CD in 1980. Now if you think that the iTunes file you ?buy? today will be playable on a device that Apple invents in 29 years then I have some 76 RPM disks I'd like to sell you. How many CDs would you have bought between 1980 and 2005 if you could only play it for a few years and on a few devices? None, I?m willing to bet. That?s why Asay?s argument is not an apples to apples comparison (pardon the pun) but it?s one that is forwarded by many a journalist, mostly because Apple sells the ?ownership? button hoping people fall in love with their cute n? cuddly technology and forget that they are actually paying a premium price for ?leasing? their music. www.mosesavalon.com/mosesblog
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by mosesavalon July 21, 2009 10:08 AM PDT
Asay might have overlooked an important factor that Apple clearly wants people to overlook: that iTunes sales are the same as "renting." Or perhaps a better word is ?leasing.? It's just packages so well that you don't feel it. When you "buy" a CD or record you can play it until it breaks as many times as you like on as many devices as you like, even if you bought that CD in 1980. Now if you think that the iTunes file you ?buy? today will be playable on a device that Apple invents in 29 years then I have some 76 RPM disks I'd like to sell you. How many CDs would you have bought between 1980 and 2005 if you could only play it for a few years and on a few devices? None, I?m willing to bet. That?s why Asay?s argument is not an apples to apples comparison (pardon the pun) but it?s one that is forwarded by many a journalist, mostly because Apple sells the ?ownership? button hoping people fall in love with their cute n? cuddly technology and forget that they are actually paying a premium price for ?leasing? their music.
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by mosesavalon July 21, 2009 10:09 AM PDT
Asay might have overlooked an important factor that Apple clearly wants people to overlook: that iTunes sales are the same as "renting." Or perhaps a better word is ?leasing.? It's just packages so well that you don't feel it. When you "buy" a CD or record you can play it until it breaks as many times as you like on as many devices as you like, even if you bought that CD in 1980. Now if you think that the iTunes file you ?buy? today will be playable on a device that Apple invents in 29 years then I have some 76 RPM disks I'd like to sell you. How many CDs would you have bought between 1980 and 2005 if you could only play it for a few years and on a few devices? None, I?m willing to bet. That?s why Asay?s argument is not an apples to apples comparison (pardon the pun) but it?s one that is forwarded by many a journalist, mostly because Apple sells the ?ownership? button hoping people fall in love with their cute n? cuddly technology and forget that they are actually paying a premium price for ?leasing? their music.
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by maneeshpan1 July 30, 2009 10:35 AM PDT
The problem with buyinmg music (assuming your paying for RIAA music) is most artists barely get a dime per track they are so far in debt to their labels the only money they ever make is from tours, promotions, concerts, etc and selling promotional merchandise like T-Shirts, even CDs distributed at a concert; they get such a paltry share even from iTunes which because there is no manufacturing fee makes it possible to sell content more cheaply and still collect a profit -- and the RIAA wants to reduce their existing 9 cents per song to an even lower level thinking artists get too much already -- like 9 cents is a lot -- the typical song on iTunes goes from anywhere between .99 cents to $1.29 or even $1.99. The RIAA gets 60 cents typically per song and Apple gets roughly 30 cents approximately per track lets see 60+30=90 so that's already 90 cents. Then factor in the 9 cents the artists get and you have 99 cents. That leaves 1 cent left over? Who gets that?? Not entirely sure there but the point is the artist gets such a measly share.

If you want to support a RIAA artist download their music from a peer 2 peer file sharing service and then try to send the artist as much as you want to give even a buck per track is fine. By cutting out the middleman the artist can get more money than if you paid the RIAA. What's more the RIAA uses the money it earns to hire lawyers and attorneys to sue so called illegal file sharers for piracy and uses the money also for its pay for play payola scandal to bribe radio stations to only play RIAA music.

They have always advocated for DRM in music to screw their customers as well -- screw fair use -- screw the customer (whatever happened to the customer is always right?) they'll take what we give them and like it. if they don't buy our stuff we'll accuse them of piracy even if they aren't pirating (and some are falsely accused) then the RIAA commits extortion blackmailing people to pay a settlement fee of $1000-$5000 dollars or go to court. Few can afford laywers and attorneys so they settle out of court on the RIAA's terms -- if they do go to court and lose they end up owing way more.

As for the value of those tracks here are some calculations to determine them -- I'll use iTunes standard fixing pricing of 99 cents to apply to all calculations. Let's say I downloaded a full album from a p2p file sharing client each track sold on iTunes separately for 99 cents and the entire album went for $10.00 now if I only downloaded that 1 album of 12 songs it would be sensible if such a user were sued to be forced to pay $10.00 that would make sense you pay what you owe and you stole or downloaded for free $10.00 worth of music why then do they charge you $1000-$5000 in settlement fees or over $20000 if you go to court and lose?

Anytime they profit but their profit is not as high as they wanted they say we made a profit but because of darn pirates we didn't make as much as we wanted. We made $50,000 this year for example in profit but if piracy did not exist we would have made $200,000 in profit.

Pure rubbish and garbage on the RIAA's part. They commit extortion. They should be investigated for antitrust violations and harming consumers and their own artists.
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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