commentary Legal music downloads in Australia are expensive, files are restrictive, catalogues are small and music lovers are better off finding their favourite bands in a record store.You could be mistaken for thinking it exciting that in the past year a large number of legal music download services have begun offerings in the Australian market. First on the scene was Destra, then Telstra and then the most recent and disappointing NineMSN. I was keen to jump on the bandwagon early, and I was enthusiastic to get my music fast. Considering it was in compressed music formats without a physical CD or glossy inserts, I also wanted it cheap.
In the past week I decided to sign up for all three services and have been totally unimpressed and downright frustrated with all three. I can live with filling out long tedious forms just to purchase one track of music and searching through some pretty ordinary interfaces and poor search functionality. It did occur to me while I was trawling that by the time I purchased 4 tracks of music, I could have travelled to the local music store, purchased the music and have the CD playing before I even downloaded music from the legal music services.
Firstly the files are expensive. WMA (the format of choice for most legal online music sites) is a compressed music format that, although it may not be recognisable to the human ear is technically inferior to music typically found on physical CDs. For the current price range, between AU$0.89 and 2 dollars, the price is simply too high. While it is roughly comparable to the US downloading services, our services are more restrictive. All this has to be put in the context of other available services; while it's all too easy to acquire music illegitimately, it didn't take me much searching to find a few Russian download services that claim to be legal offering albums for less than a single US dollar. They may or may not be on the level (legal note: I am not a lawyer), but if customers can see cheaper alternatives overseas, why would they opt for the local product, exactly?
My second gripe with the so-called “services’ is that the files are restrictive. If I am to buy compressed, inferior quality music than I can easily get on a CD, I'd expect to be able to burn, copy or export the file to whatever device I want without too much trouble. Unfortunately all three music download services offer Windows Media Format downloads, not MP3 or other more open music format downloads and have particular clauses that limit what users can do with their files.
For the record here's Telstra´s fine print:
6 Usage Rules
When you purchase a Music File, you become authorised to do certain things with that file so that you can enjoy it within the following rules (Usage Rules):
(a) Your purchase of a Music File, authorises you, for your own personal use, to:
(i) download the Music File once, to one stand-alone personal computer;
(ii) copy the Music File an unlimited number of times to up to two portable devices registered to you which operate with Microsoft Windows Media Player version 9;
(iii) burn the Music File up to 3 times onto CD-R or CD-RW; and
(iv) download up to two replacement Music Files at no additional charge if you have had problems installing the licence or if the original file on your stand-alone personal computer is lost or destroyed.
Here's Destra´s usage rules, which are slightly better:
Burns: 3 Burns to CD
Re-Install: Up to 4 re-installs per year.
Portable Devices: Unlimited transfer to portable music players/devices that can use Windows DRM licensing rules.
Finally the most restrictive is the NineMSN service but it there is no clear outline of what you can and can´t do with the service. If you read the terms and conditions and lengthy FAQ you soon realise that it is the most unattractive of all three services in terms of compatibility and freedom of use.
The simple reality is that with all the encoding and security measures, CD´s and music files are never going to be crack proof. This has been proved already with developers cracking DVD encryption and region settings, for example. These restrictions might be a deterrent to the casual user, but it's not going to stop cracking software or illegal music appearing on the internet. Those whom it really harms are the legitimate customers who have the best intentions to pay the copyright holders.
One of my problems with file sharing programs in the past was that there was always a lack of Australian content. Sadly, this issue is not addressed with any of the new Australian downloading services. Where is the up and coming Australian bands catalogue? According to reports from the NineMSN launch of their music download service popular local band Eskimo Joe were happily jumping around and rightly so. They joined the select few Australian acts such as Jimmy Barnes, Guy Sebastian and the next moulded pop star from the next ridiculous reality TV show to “showcase’ Australian music on the download service.
Up and coming bands such as Starky, The pictures, The Cops, The Cants, Peregrine, Wesley Carr, Hilltop hoods, the Herd, Two-Up, and so on are few and far between, and if they are lucky enough to have one song it is part of a compilation album.
This is an unfortunate situation for a band like Starky, whose bass guitarist Nick Neal recently went on the record on the ABC's 7.30 report against file sharing companies such as Kazaa saying:
"If I found out people were downloading thousands and thousands of copies of our album off the Net, that is affecting our income and us paying back our advances to our record label. Obviously that is going to limit what sort of future I have as a musician, really."
Unfortunately (at the time of writing) you won´t find Starky´s album on any legal music download service in Australia.
It´s not however just up and coming bands being denied from the legal downloading services. ACDC, arguably Australia´s most influential band for over 20 years is nowhere to be seen on any of the catalogues as I write this.
My advice to legal music services in Australia is simple. Give people who love music a real download service that is convenient, a catalogue of music worth searching, and open digital music formats that we can do whatever we like no matter if we are using Windows, Mac or Linux, what portable device we purchase or how many times users want to burn or transport the files for personal use.
Until then I´m going to be buying all of my Australian and international music from the local music store who treat customers with respect rather than as common thieves.
Brendon Chase is the editor of Builder AU, Australia's leading destination for local and international developers. You can find Builder AU at www.builderau.com.au.
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Well said. Not to mention that the major players Apple and RealNetworks offer music on proprietary formats which means you are restricted to what player you can use. Apple for iPods and RealNetworks on Creative Nomad. Now Sony is also trying to spur sales of its particular portable audio players with its own service. It's laughable! Only increased competition in this space can bring about a true blue bloody market share brawl which would then see prices come down and better services for consumers.