10.23.2007 | 9:57 am

Critical Backlash: Why We Need OiNK

What a thing to wake up to. Alright, RIAA, think about it for five seconds:

FACT: Like Napster before it, OiNK’s database was the most comprehensive, convenient, high-quality source of digital music on the Internet. And if you build it, they will come – the site has thousands upon thousands of users, every one a music lover looking for a great way to find albums new and old. Also like Napster before it, the industry has chosen to completely blow a tremendous opportunity by destroying an obviously successful system rather than simply figuring out a way to monetize it and rake in profits.

FACT: There is no one-stop location on the Internet where you can pay $10 and download a 192+ kbps DRM-free MP3 of any album you want – which you can do on OiNK for free. Essentially, the music industry is asking consumers to ignore the gentleman in the street handing out fresh Hebrew National hot dogs (delicious, amirite) and pretending that the gross chunks of meat that’ve been simmering in 7-Eleven all week are just as good! Why should anyone pay for an inferior product when what they actually want is just sitting there?

FACT: DRM-laden music doesn’t work. Subscription services don’t work. Why? The same people who buy the most music are also its biggest promoters, making tapes or burning CDs for their friends and now, passing around MP3s. If you can’t do this, it’s no fun – how can you convince your friend to go to a show with you? Music is communal. Sites like OiNK are the ultimate example of this. Which leads to…

FACT: Career sales trump one-hit-wonders. Touring and merch trumps album sales. How does this happen? AWARENESS. How do people become aware of bands in a way that inclines them to make a connection and develop loyalty in the iPod era? I’ll let you guys figure that one out, but it’s not happening on MTV or ClearChannel-owned radio stations.

FACT: A download is not a lost sale. The kids with the most MP3s are hoarding them because they can, not because they’re trying to save money on paying for CDs. No one is ever going to go out and buy 5-10 albums a week, but that’s about how many a good chunk of us download.

FACT: Promotion costs money. Record companies routinely lose tons of cash on bands that sell 100k and call it a career. During the late ’90s heyday, they could offset this with the Backstreet Boys, but that was never going to last.

FACT: Promoting your album by letting people listen to it online so they can go out and buy it or see you on tour, and letting buzz build organically through word of mouth? FREE.

FACT: The audience that pirates albums is often a totally different market than the one that still buys CDs. Downloading is never going to cannibalize CD sales – they’re two seperate entities, and the industry should be supplying quality products to both markets, not constraining one while the other dies a miserable death.

In short, fellas, the industry is moving in a direction where bands are going to pull a Radiohead and just sell the shit themselves because the industry seems unwilling or incapable of doing the absolute bare minimum of offering their entire catalogs in a quality file format at a reasonable place in a one-stop shop.

Update: Because there’s been some confusion about my intentions with this post, I’ll make them perfectly clear: I’m not condoning piracy or even promoting OiNK, really. What I’m saying is, the lack of a legitimate, legal service with the same quality, ease and variety of OiNK is a huge, gaping hole in the music business right now and if anyone wants to make money on a recording ever again, you guys had better fill it the hell up.

(Feel free to Digg this post.)


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Critical Backlash is a column where we complain about things. Click below for more.

  • Thomas

    as a musician who used oink as a prototypical distrobution method i have to say that it is a big loss, my band ports of call is about to release our first album this december, but while we’re waiting to have it pressed our guitar player put it up on oink…this lead to a bunch of blogs making note of various songs, some that we had available on myspace and other we didn’t, ultimatly getting more people interested in the record, so i have to say that for those who decry this whole pirating thing as the satanic spawn of a newt or whatever, it can and has helped many artists to either expand their reach or even begin to get a foot hold. ps. thanks for digging the track on skatterbrain dave

  • Anonymous

    FACT 1: Irrelevant.

    FACT 2: Irrelevant, and kinda stupid.

    FACT 3: Irrelevant.

    FACT 4: Irrelevant.

    FACT 5: Irrelevant and incorrect.

    FACT 6: Irrelevant.

    FACT 7: A good idea, but irrelevant.

    FACT 8: Irrelevant, wrong and ridiculous.

    Wrap up: IR-effing-relevant.

    Update: Weak and irrelevant.

    It’s time to argue the law, not your better-business theories on electronic music distribution and promotion. The law says it’s a violation of copyright statutes. In fact, every user of Oink was a willing participant in these violations.

    I really, REALLY hope each and every one of you get a visit from the authorities. I REALLY do.

  • rudeman

    that last one was definitely Lars Ulrich.

  • Buttermouth

    If your looking for some alternatives to Oink, visit;

    http://blog.buttermouth.com/2006/10/undiscovered-ways-to-get-free-music.html

  • Anonymous

    “Downloading is never going to cannibalize CD sales”

    Come on… there’s a million and one studies which show direct linkages between the two!

  • drewcif

    Dave, I love your blog and I think this post is right on, moreso after reading the defense of it through your comments. I still haven’t seen Matt defend HIMSELF when he’s obviously a trolling hypocrite. It honestly baffles me that Fluxblog does as well as it does, but I guess that’s the benefit of “coming semi-first”, though I feel the content is *usually, though not always* complete crap.

    The model needs to change, period. The successful (yet illegal) models keep getting run out of town on a rail, followed by “the industry” whining about how their model doesn’t work. You’d think in this entire marketplace, more people would be pro-active.

    Adam, who I assume works for Beggars (great label, btw), makes a valiant point, but my personal thing is this: I DO care about the music. and I download a LOT of it, I write about a lot of it on my blog, and I sure as hell BUY a lot of it. I buy it so I can write MORE about it. I heard Midlake on an mp3 blog, something radio never would have given me, and now I own their entire catalogue and I’ve seen them live twice. What does that say to the value of downloading/filesharing?

    I don’t get why you’re getting ragged on for advocating piracy. You’re obviously advocating buying music here and desperately hoping for a change in the model. Is that idealism so bad? I say no.

  • Dave Rawkblog

    Thanks, man. I’m just trying to help.

  • Anonymous

    Hmmm.

    I like beer.

    Yet astonishingly, when I run out of beer at home, no one brings me an ice-cold six-pack of Anchor Steam. There are grocery delivery services available, I guess, but they’re too expensive and they don’t deliver late at night.

    IN THE YEAR TWO THOUSAND AND FUCKING SEVEN, THE BEER INDUSTRY HAS NOT FIGURED OUT A WAY TO DELIVER EXACTLY WHAT I WANT, IN THE EXACT WAY THAT I WANT, AT THE EXACT PRICE THAT I WANT.

    Fortunately, there’s a liquor store with an inattentive clerk just a block away from my apartment. So it’s totally the BEER INDUSTRY’S FAULT when I stroll down there and shoplift a sic-pack.

    Does that help you entitled assholes see how stupid you sound?

  • Anonymous

    So wait.

    In this world of illegal beer-sharing, what happens if you get comped at a bar?

    Can you then be sued for depriving the beer industry of a potential sale?

    I need to know these things.

  • Anonymous

    you know, I would be more inclined to buy albums produced by record companies these days, if they would stop signing and promoting these shitty no-talent artists that claim the spotlight on the MTVs and reality TV shows. Maybe if they were producing GOOD albums I would buy them…not this Kanye West and 50 Cent shit. Most of the stuff i downloaded from oink was older music, or independent stuff that you literally can’t find in stores…

  • Anonymous

    yeah, i’m with anonymous up there right above me. I only download independent stuff because i don’t like what the majors are putting out.

    THAT MAKES IT OKAY BECAUSE THEY’RE INDEPENDENT AND YOU LITERALLY CAN’T FIND THEM IN STORES!

    Since they’re not part of the major label system it doesn’t matter if you steal them anyway, they just wanna be heard, they’re not in it to get any money at all. DON’T YOU PEOPLE KNOW ANYTHING ABOUT MUSICIANS! They hate money and paying bills, they just wanna rock out for you so you can hear it and feel good. That’s ALL THE PAYMENT THEY WANT OR DESERVE.

    Duh, guys. Duh.

  • Anonymous

    So, I go into this restaurant the other day and I wanted to get a hummos plate, but without the radishes on the side. The server told me that they don’t make substitutions, and that the radishes were going to be on the plate. I was, like, pissed off that they would force me to buy something that I didn’t want, so that I could get what I wanted.

    So, I ate the hummos, pita and other veggies, left the radishes and ran out of the restaurant without paying.

    Ha, ha, suckers, if I can’t get my hummos plate radish free, I’m just gonna steal the whole thing!!!11eleven

  • Anonymous

    FACT: I went to the car dealer the other day, and test drove a few cars. And by test drive I mean drove them to my house and parked them in my garage. But dudes, i TOTALLY buy cars sometimes, like I’m a huge car fan and a car buyer.

    FACT: i think it is UP TO ME as a music consumer to determine just how a band MAKES THEIR MONEY. Like, i don’t want them making money from CD sales. They should only make money from tours and merch that I don’t buy.

    FACT: with this, and that calvin harris post you have proved yourself to be an amazing, next-level dickhead.

  • Anonymous

    Dave, I am genuinely asking –

    * Do you think that just because the internet breaks SOME artists and that illegal downloading is so common, that it makes it ok for YOU to decide whether, when, or how much money a musician should make for their art?

    * “recordings are no longer something that’s going to be effectively monetized”…so it’s ok that you steal them? to reflect the broken system? does that really make sense to you? For that matter, does referring to “the music industry” as one massive unified entity make sense to you? REALLY?

    * EVEN if you think you’ve made a nice theoretical argument here (which I don’t think you have) let’s look at this as a practical patter for a moment.

    Using you as a working example (passionate musiclover that you are) care to share what albums or songs you’ve PURCHASED NEW in the last six months? And if you’re really brave, would you like to also include (over the same six months) the list of albums you’ve downloaded illegally from OiNK (or any other similar site, for that matter) that aren’t among the releases you’ve received as a writer? I’ll trust you to be 100% honest. Should only take 15, maybe 20 minutes, no? I have five real, american dollars to bet saying you haven’t spent more than $30 on new (not used) releases or downloads in the last six months.

    LET’S SEE IT!

  • Anonymous

    I’d like to extend that challenge to anyone here who says that OINK was the best and or anyone who has trash talked on Matthew, Maura or anyone else who has spoken out against Dave whining like an entitled little baby.

    Let’s see the truth.

  • Anonymous

    c’mon!!! do it!!!

  • Anonymous

    “Do you think that just because the internet breaks SOME artists and that illegal downloading is so common, that it makes it ok for YOU to decide whether, when, or how much money a musician should make for their art?”

    Regardless of how Dave or anyone else would answer this question, it’s an irrelevant point. File sharing isn’t going anywhere. As many as hundreds of millions of people worldwide do it and less than 20,000 of them have been sued (with only one case actually going to trial). The way of thinking has changed for many people and it’s only going to continue to do so. You can dismiss illegal downloaders as thieves all you want, but the fact that so many people do it says a lot about the mindset – more and more people view music as something that you acquire a lot of and don’t necessarily spend money on. You want to morally judge that? Fine, it’s your right. But you’re going to argue in circles with people, because putting morality into file sharing is as irrational as saying that God exists because you can’t prove he doesn’t.

    If you honestly think that shutting down OiNK and other torrent sites is going to curb file sharing and bring things back to the way they used to be, with people buying millions of CDs, you’re more naive than someone who thinks it is their right to get free music.

    That era is never coming back, and arguing about the rights and wrongs about file sharing isn’t going to change that. At some point, something has to give – and it’s looking more and more like that “something” is going to be at least one of the major labels filing for bankruptcy or even folding within the next decade…maybe even five years, if things continue as they have.

    ” “recordings are no longer something that’s going to be effectively monetized”…so it’s ok that you steal them? to reflect the broken system? does that really make sense to you?”

    Anyone who downloads music “to reflect a broken system” is a moron. If you’re acquiring music to prove a point, you probably don’t even listen to music to begin with. I understand that you have an overly inflated sense of right and wrong in your ivory tower, but if you want an example of WHY recordings can no longer be effectively monetized, think about this for a second.

    Let’s say you buy one of those new 160 gig iPods. And, let’s say that you’re a pure individual who never, ever downloads anything and never has in his or her life (yeah, right). If you were legitimately buying albums off of iTunes, do you know how much money it would cost you to fill up that iPod?

    Over $32,000. THIRTY TWO THOUSAND DOLLARS. Or, the price of a BMW 3 series, an average teacher’s salary in the US, and the price of a medical bill for someone who cut off a finger (without health insurance, of course). You’re probably sitting there saying, “Oh come on, who even fills up an iPod that big?”

    Someone must be. They keep getting bigger and bigger. Lest we forget that 5 years ago, when a 30 gig iPod came out, it was considered massive and unwieldy. Now? It’s suddenly small. Every time Apple brings out a bigger iPod, it’s like they’re daring consumers to fill them up. “Hey, bet you can’t fill up 160 gigs!” “Oh yeah?” says the college student with a T1 connection, “Watch this!”

    Apple is making bigger iPods because the market dictates it. It’s what people want – more and more storage space. Why? Because they’re downloading more and more music and need somewhere to put all of it. Sure, iPods store video now. But how much of THAT do you think is legitimate (probably even less than the music, but that’s a whole other story)? And I guarantee you they aren’t filling the iPods up legitimately. So really, can music be effectively monetized when a music player/storage device is being sold that is designed to hold thousands upon thousands of albums? Yeah, maybe if each album cost a penny.

    You want to curb illegal downloading? Sue Apple for increasing iPod sizes at a staggering rate. Have fun with that.

    “For that matter, does referring to “the music industry” as one massive unified entity make sense to you? REALLY?”

    For one thing, when Dave refers to “the music industry,” I’m pretty sure he’s referring to the major labels.

    And based on how they’ve acted the past decade, using the RIAA as their attack dog, I don’t see how you COULDN’T refer to “the music industry” as one massive, unified entity.

  • Dave Rawkblog

    Anonymous – right on! Lots of great points, and yes, I’m primarily referring to the majors and retail CD releases (as opposed to touring, etc) when I say “music industry.”

  • Anonymous

    I can’t understand why you don’t just use eMusic. It may not have every record ever put out in the history of time (or certain labels) (or pre-release leaks), but there’s an unbelievable amount of stuff on there available for LEGAL download. So baffled.

  • Anonymous

    Thievin asshole. Fuck your Oink.

  • Anonymous

    Let me throw some things into the mix.

    1. The big named artists make absolutely absurd amounts of money. Many people work harder than them and they struggle through life.

    2. The music industry charges too much for shitty products. Even at 99cents per song. That BS. Ill listen to a song a few times and get bored and move on. $15 for a CD is crap too. 90% of songs on cds are crap and no one listens to them.

    3. The music industry and indie artists would make MUCH more money if they sold a song for like 1 cent. Many of their fans dont have money to spend hundreds of dollars on music.

    4. Oink provided quality, download speed, and collection that is not found in any pay site. If there was a REAL alternative i can see people really coming down on oink. But oink was just simple supply and demand.

    5. The big record labels are greedy but thats their job. They are corporations that have responsibility to produce profits for their shareholders. It is a shame that art is so mixed up with money.

    6. I tried other music services. They did not compare to oink. Oink was so lite. Barely any programs to download. No computer slow down. It was simply paradise.

    7. I agree that the riia is doing a terrible mistake when suing its own customers.

    8. There are literally hundreds of ways to get illegal music. People sell it on the street, there are still massive p2p networks in operation. Hundreds of bit torrent communities. MIRC. Myspace. Google searching. It is sad that the illegal version of the business provides a much better service than the legal versions.

    9. You can search google for torrent files JUST like u can search oink.

    10. I definetly see the other perspective… that it IS similar to stealing. Although the loss is not direct because u are not actually taking something someone directly misses. It is stealing sales. Big name artists are overpaid so i do not regret that. I think it is unfair for britney spears to have all that money for example when people are starving. I think the big name artists should be paid like 500,000 per album. TOPS. They should get paid like a decent lawyer gets paid And even that may be too much.

    What i feel bad about is smaller artists who are not rich will be negatively affected by sharing. Basically my point is, if they sold it cheaper, they would make more money because the volume would be much higher.

  • Music Nerd

    As I read somewhere else…

    Why don’t we just do away with the idea of huge national and international rock stars? Just reduce it all, make it all more even, and have people earn their money with NEW music, playing live, etc, selling CDs to those who want them and downloads to those who want THOSE. On a smaller scale, a more local level.

    It would certainly help the music, which will always rise to the top anyway. Maybe that’s what’s happening…

  • Anonymous
  • Moo

    Baseless claim