Don't mistake this for Apple being greedy and wanting consumers to pay $11 an album they are just trying to get the rights to similar deals. They would LOVE to be able to sell you albums for $3-$5. Unfortunately I don't think the labels are going to allow that to happen.
You can bet your butt if Amazon starts selling a large percentage of downloadable music these great deals will stop. You get people hooked, then you start charging.
Apple = 30% take. If they got the same $6 dollar deal as amazon, the labels would make less because of the 30% take. All apple has to do is give up their 30% and I'm sure the label would allow it. Just like Amazon.
and when users see useless results come up, Google will get a reputation as a bad search engine and people will stop using it. It is in Google's best interests to always have the most relevant links come up in all cases. Not to mention the government scrutiny they risk if a whiff of data manipulation gets out. Whether it is legal to do or not, no company wants to get hauled in front of Congress or the EU.
There seems to be two conflicting views,
1) Apple is abusing its position to wreck competition
2) The major labels are offering albums cheaper to Amazon, and Apple isn't happy
Which is it exactly? If Amazon is getting a much better deal than Apple, seems like Apple has every right to protest?
Perhaps I don't understand the law. Isn't Apple free to match the prices on Amazon daily deals? Best Buy offeres low prices on DVD release days, Walmart got an exclusive version of Transformers 2 on Blu-Ray, Gamestop, Amazon, and Best Buy all get exclusive pre-order bonuses that no other retailer has...
Exclusive sales happen all the time. I also don't see how to paint a record company as a bad guy in this case. Are we seriously going to get mad at them for selling DRM free .mp3s at half the normal cost? How spoiled are we now?![]()
... so many negative posts in this thread, claiming Apple is strong-arming, even suing somebody over music pricing is ridiculous.
The labels are the bad guys here. For a long time they have been strong-arming Apple over pricing and rights over DRM-free distribution, with the only purpose of taking full control over digital distribution.
Giving Amazon better prices and exclusive access to DRM-free deals is similar to what MS was sued for.
Amazon cannot offer 50%+ discounts over iTunes prices without preferential treatment from the labels --Apple is making less than 30% on songs.
My guess is most of the negative posts in this thread are in response to the HTC lawsuit. Apple customers or not. Maybe some Android fans
Yet, Android will have a better chance at leading when Google breaks free from having to follow Apple. I think Apple is doing them good.
Apple = 30% take. If they got the same $6 dollar deal as amazon, the labels would make less because of the 30% take. All apple has to do is give up their 30% and I'm sure the label would allow it. Just like Amazon.
Isn't that the point anyway? Sell the music to support your media player? I knew a guy that was one of the original itunes programming managers. When it first started, they made enough to cover the cost of creating and maintaining Itunes. I wonder if I asked now what would he say?
I love Apple products, but this is not a fairness issue, it's a free market issue.
Is Steve getting senile? Seriously!? Apple, you can dominate a market but all these tactics for killing any competition are starting to leave a bad taste in my mouth. /QUOTE]
I dont' see how apple is trying to kill any competition with this? They are not suing anyone, didn't even threaten legal action. The only thing "reported" is that Apple is withdrawing marketing support for albums being sold under this deal- In other words they are not placing them at the top of the iTunes page or on the first group of new releases. That is all-
Also to the person who said Amazon is the little guy in this situation? Ha!![]()
So let's see if we can get this timeline straight....
1) Music industry is dying due to piracy.
2) Apple steps forward with iPod/iTMS and makes downloadable music a legitimate business.
3) Record labels are upset that the net result of their screw-ups is the Apple brand being emphasized over their own.
4) Record labels support Amazon as rival over iTunes in order to combat this.
5) Apple gets annoyed at record label's tactics and undercutting of Apple's position; pushes back.
6) Amazon/Labels leak info to press.
7) Tech community jumps up and down about how evil and anti-competitive Apple is, when what Apple is doing is actually the very definition of competition. Complainers also are unable to comprehend they are doing exactly what the record labels want them to do.
Did I leave anything out?
If the music labels are guilty of price discrimination, shame on them! Labels, IMO, should charge the same rate to all its distributors. And then it's up to the distributors to determine what price they sell the songs at. They could sell something at 10 times what they pay the labels. Or Apple & Amazon could sell the songs at a loss, meaning they sell the songs/albums for less than what they paid for them.
And citi, don't forget, Apple can charge more for a song than the label wants. So if a label wants $7 for an album, instead of taking 30% out of $7, make the $7 the label's 70% cut, meaning apple will get $3 & the buyer will pay a total of $10.
If the music labels are guilty of price discrimination, shame on them!
"The whole issue is a kind of interesting dynamic," a senior major-label distribution executive says. "Amazon is fighting a guerrilla war against iTunes, and now iTunes is getting frustrated because they work hard to set up and promote a release weeks in advance of the street date, and then lo and behold, Amazon jumps in there with this deal of the day and scrapes off some of the cream."
No one is sueing anyone. So why is the majority of the people in this thread saying they are?
RidleyGriff said:7) Tech community jumps up and down about how evil and anti-competitive Apple is, when what Apple is doing is actually the very definition of competition.
It's called competition Apple, get over it. They seem to be losing it more and more everyday.
It's not true competition. The labels are price discriminating against Apple to prop up Amazon MP3.
Yet, they want Apple to promote the same albums and artists on the iTunes Store. You can't blame them for wanting the same deal.
Universal Music Group in particular offers ridiculous prices to Amazon (and no Universal Music Group and NBC Universal are not the same company). I've bought all sorts of albums from their artists on Amazon MP3 for $5.99 and lower. The same albums are $9.99, $12.99 and some even $14.99-$17.99 on the iTunes Store. That's a huge difference.
It's all negotiating tactics. The media companies are like the mafia. You don't survive unless you have something to hold over someone's head.
Is Apple that paranoid over losing market share to Amazon? It's some good old competition, the guy with little market share (Amazon) is trying to do something different in order to attract customers from the big guy (iTunes). How about instead of crying and complaining like a baby Apple should perhaps offer something similar to Amazon. Work with the labels to get something similar into iTunes.
The two main things that bother me about Apple are:
That's a pretty different tune from what Steve Jobs was singing in 1996.
- Apple's reliance on legal action as the main method of maintaining their competitive advantage.
- Steve Job's hypocrisy, especially when it comes to Apple's recent lawsuit against HTC where he was quoted as he didn't think other companies should steal their ideas.
"At Apple, we've always been shameless about stealing ideas we thought were cool." -- Steve Jobs in the 1996 PBS documentary Triumph of the Nerds.
Little bit of a double standard there Steve?
Seems to me like the labels have consistently been pricing singles lower on Amazon than iTunes, and in a way that's fairly arbitrary. The vast majority of 1.29 songs on iTunes are priced at .99 on Amazon. This could possibly be part of the reason for Apple pushing back on the Daily Deal.
I mean, this type of thing probably goes on all the time in brick/mortar retail as well, it just isn't covered.
While price discrimination sucks, Apple shouldn't be so tight. Suing anyone & everyone (ok, maybe not everyone) who competes with them, IMO, will only make people turned off to Apple & move somewhere else.
na, i think it should stop that labels ask for higher prices on itunes, and on the other hand sell the albums for half the money at amazon.
go apple, get us the same lower prices!
What makes you say that?
They ARE competing with Amazon -- they're leveraging their position to obtain better deals for themselves and poorer deals for their opposition.
On what planet is that anything OTHER than competition?
Too many people on message boards have this misguided notion about business. What everyone complaining is suggesting that Apple do is COEXIST with Amazon. That's a fair shake different than COMPETITION, which is where Apple does everything possible to make more money than Amazon.
This is one of those competitive practices where the consumer doesn't win. Deal with it, but don't make some out-of-touch claim that Apple is anti-competitive.
Oh dear.... well, I didn't get into one of the best law schools in the Southeast by citing Wikipedia, but I'll roll with it.
Consider the following: Apple takes its 30% cut, therefore a label is willing to sell the song at 99¢. Amazon cuts a sweet deal with same label, allows label to take 100% of revenue on sale items (in an effort, on Amazon's part, to drive traffic). That isn't price discrimination. That's the label having a target of per song revenue, and Amazon offering a structure that meets that target while Apple's offer to lower consumer cost does not.
Congratulations on outing yourself as one who knows nothing about business.
The fact that you are searching for some nefarious act on Amazon's part or the label's part shows that you might, no, you do have a fanboy problem.
That's exactly what Microsoft did. And guess what? It's called unfair competition, and they got fined big time.
So let's see if we can get this timeline straight....
1) Music industry is dying due to piracy.
2) Apple steps forward with iPod/iTMS and makes downloadable music a legitimate business.
3) Record labels are upset that the net result of their screw-ups is the Apple brand being emphasized over their own.
4) Record labels support Amazon as rival over iTunes in order to combat this.
5) Apple gets annoyed at record label's tactics and undercutting of Apple's position; pushes back.
6) Amazon/Labels leak info to press.
7) Tech community jumps up and down about how evil and anti-competitive Apple is, when what Apple is doing is actually the very definition of competition. Complainers also are unable to comprehend they are doing exactly what the record labels want them to do.
Did I leave anything out?
Maybe the part where Apple's motives are not altruistic and have nothing to do with 'saving' the recording industry, just shifting more of their own hardware, and so they throw their toys out of the pram and cry foul when a competitor fights back, instead of maybe doing what most companies would do and just adjust their own pricing or make a similar offer to compete?
Apple = 30% take. If they got the same $6 dollar deal as amazon, the labels would make less because of the 30% take. All apple has to do is give up their 30% and I'm sure the label would allow it. Just like Amazon.
Isn't that the point anyway? Sell the music to support your media player? I knew a guy that was one of the original itunes programming managers. When it first started, they made enough to cover the cost of creating and maintaining Itunes. I wonder if I asked now what would he say?
I love Apple products, but this is not a fairness issue, it's a free market issue.
Perhaps I don't understand the law. Isn't Apple free to match the prices on Amazon daily deals? Best Buy offeres low prices on DVD release days, Walmart got an exclusive version of Transformers 2 on Blu-Ray, Gamestop, Amazon, and Best Buy all get exclusive pre-order bonuses that no other retailer has...
Exclusive sales happen all the time. I also don't see how to paint a record company as a bad guy in this case. Are we seriously going to get mad at them for selling DRM free .mp3s at half the normal cost? How spoiled are we now?![]()
No one is sueing anyone. So why is the majority of the people in this thread saying they are?
If the music labels are guilty of price discrimination, shame on them!
Steve Jobs said:waaaaaa! waaaaaaa! WAAAAA!
Apple = 30% take. If they got the same $6 dollar deal as amazon, the labels would make less because of the 30% take. All apple has to do is give up their 30% and I'm sure the label would allow it. Just like Amazon.
Isn't that the point anyway? Sell the music to support your media player? I knew a guy that was one of the original itunes programming managers. When it first started, they made enough to cover the cost of creating and maintaining Itunes. I wonder if I asked now what would he say?
I love Apple products, but this is not a fairness issue, it's a free market issue.
Oh dear.... well, I didn't get into one of the best law schools in the Southeast by citing Wikipedia, but I'll roll with it.
Consider the following: Apple takes its 30% cut, therefore a label is willing to sell the song at 99¢. Amazon cuts a sweet deal with same label, allows label to take 100% of revenue on sale items (in an effort, on Amazon's part, to drive traffic). That isn't price discrimination. That's the label having a target of per song revenue, and Amazon offering a structure that meets that target while Apple's offer to lower consumer cost does not.
Congratulations on outing yourself as one who knows nothing about business.
The fact that you are searching for some nefarious act on Amazon's part or the label's part shows that you might, no, you do have a fanboy problem.
Apple doesn't like being undercut by a competitor finding ways to fight back against Apple's massive market share. As far as I can tell, no laws are being broken besides The Law of Jobs: "Thou must buy through iTunes".
Apple is simply looking for fair competition. What part of that don't you understand?
Exactly. Finally, someone who gets it.
I guess you're missing the entire point. Apple has TRIED to get the same deals, but the labels want to give Amazon a better deal. It's really very simple.
As for legal action - can you point to any law suit that Apple has filed against Amazon or the record labels? Since there hasn't been one, you're basing your entire argument on your own delusions.
As for 'stealing', what Jobs was clearly referring to was 'stealing' ideas that are in the public domain. He never advocated infringing patents. Even a rabid Apple-hater like you ought to be able to see the difference.
It does go on, but almost always, the better price is obtained by the company with larger share. Can you imagine a mom and pop store getting a better price than Walmart? Clearly, the labels are using their power to try to undercut Apple.
When did Apple sue Amazon or the record labels in this case? You're entire argument is based on delusions.
Exactly.
That's the standard modus-operandi here. People who don't have any clue what they're talking about decide they hate Apple for some ridiculous reason (usually because Mommy won't buy them a Mac, apparently) and then lash out at Apple with mindless comments that don't even make sense.
OK. Then explain this: Apple pays the label 70%. In some cases, the price on iTunes is 2-3 times the price on Amazon. Just how in the world could the labels be making more money on Amazon? Clearly, they're not - they're offering Amazon a better deal in order to try to regain some control over the industry.
Not even close to being true. Microsoft was not fined for unfair competition. They were charged with illegal abuse of monopoly power (I don't believe they even paid fines in the U.S., but may be wrong about that). Apple doesn't have a monopoly, so they can't be charged with illegal abuse of monopoly power. Furthermore, Apple is simply asking (not even demanding, according to the story) that record companies give them the same deal as the competition. That's not illegal, nor is it an abuse of Apple's market power.
Yes.
8) Mac bashers on MacRumors whine endlessly about the subject without having the facts, without understanding the law, and without even apparently reading what actually happened.
Who cares what Apple's motives are? They are in business and no one in their right mind expects them to put the record labels' wishes over their own. That's what this whole thing is about.
Do the math. There are albums that are 2-3 times as expensive on iTunes. Even if Apple doesn't give up their 30%, the record labels are making far more than if they sell it to Amazon at less than half the price. So the record companies are taking LESS money in order to hurt Apple.
Not to mention, of course, the fact that they allow Amazon to sell their records a day early.
Apple is free to match the prices, but at the current pricing scheme, Apple would lose money each time (they have to pay the record companies 70% of the negotiated list price even if the actual selling price is below that).
Not to mention, of course, that Apple can't sell the music AT ALL on Amazon's first day.
Are we going to get mad at the record labels for selling music at half cost? Sure as heck if they're doing it to damage the free market. And they are.
Because their Mommy wouldn't buy them a Mac and all the other kids are making fun of them for using their clunky Dell computer so they spend their time on MacRumors and other Mac forums whining about Apple.
There's no 'if' about it. That's exactly what the labels are doing.
It's not just you....
Guess this is why you are a lawyer and not a business man.![]()
Citi, your analysis makes no sense either. 30% of an $11 album on itunes is $7.70 to the record company vs. the daily deal on Amazon for the same album at $5.99. So, even if amazon lost money on the sale (Giving all of the proceeds to the record company is a loss to amazon for hosting, maintenance, marketng, and credit card processing), the record companies still take home more profit under Apple for that same album selling at $11 on the iMS.
Both of you are throwing out this 30% number as if sucking it up and making no $$ on Apple's end solves all problems. Amazon is selling an album at $5.99 and Apple has it for $11. Amazon's price is about 45% less than Apple's. So even if Apple was taking a 30% cut, they would have to sell at a loss to equal these daily deals. There lies the problem.
That is their standard transaction rate. APPS, Music and soon to be books
I also do not think amazon is selling these Daily deals for no $$$ or in fact a huge loss. What is the incentive? In the case of the eBooks, it's to sell the hardware (Kindle). Not the case in terms of music. Amazon has no incentive. The record companies do though.
Keeps people coming back...
I also do not know where the 30% number comes from. Even if it is, the PROFIT is not 30%. I have found an old analyst's report that talked apple's revenue on music sales. For each .99 song the record companies take .65 for each sale. But, Apple has expenses such as server hosting, marketing, maintenance of the iMS, Not to mention the constant updating of iTunes software across both Mac & windows platroms, credit card processing of approx .25 per transaction and a fee of approx 2-3%. As a business that takes credit cards, this can be even upwards of this if users are using rewards based cards. Apple tries to keep this low by grouping all transactions purchased within a day. The "profit" was more in the range of .10 per song.
That has nothing to do with label profit. If it takes 29 percent out of the 30 percent so be it. That has nothing to do with this. Neither does itunes for windows and mac. They wanted to be in this business, and I guarantee you, their operating costs are considerably lower now. CC transactions, really? You don't think they negotiated a much lower rate? As i said in another post, itunes was made to sell ipods. They are selling ipods. It doesn't matter who they buy from as long as an ipod gets sold. Now if Amazon makes a real portable media player, that's a different story.
None of this has anything to do with the percentage that Apple makes or takes per song as stated above. It has to do with the record companies allowing Amazon to sell the albums/songs at a much lower rate than they will allow on the iTunes Music Store period. In normal business the business that sells more of your product(s) get the better price, not the other way around.
Who forced the labels into this pricing structure? Apple. Now it's biting them in the a$$
Others have hit the nail on the head. Once Sales volume increases significantly on Amazon, the record companies will pull the plug. At that point, record companies will be free to raise prices and have more control since their distribution is not being dictated by a majority "distributor". Apple has been the one trying to keep pricing low and the record companies are not happy. This is also the reason why movie & TV studio's are reluctant to bring more content and lower pricing to Apple. They fear that this will drive pricing downward due to Apple being a dominat player.
Thanks MacRumors for posting this story. Thanks Apple for being such a baby. I was going to purchase an album from iTunes this past weekend for $10.99 but didn't. After seeing this story, I checked Amazon MP3 and found the same one for $8.99!
I've never bought MP3's or albums from Amazon before. I buy books and other stuff. I never really thought of comparing prices for music, but after seeing how well they integrate with iTunes I will be shopping there from now on!![]()