What did we learn here?

That the courtroom oath no longer means SHIT! Did you read the evidence? The woman used the same name for her MySpace account, to get dates on Match.com… Talk about GUILTY!

But we know people trade files P2P. What the fuck are we gonna DO ABOUT IT?

According to the RIAA, we should all just cease and desist. After we stop smoking dope and having unprotected sex. Yes, just say no.

Give me a break.

You’re a fifteen year old. You’ve heard about this old band from the seventies, from before you were born, when your PARENTS were in high school. You could wait to hear "Stairway To Heaven" on the radio, maybe even "Kashmir" and "Whole Lotta Love", but you want MORE Zeppelin. You want to start with "IV", work your way back to "II", and then go to "Physical Graffiti" and "Houses Of The Holy", never mind the debut. Yup, why don’t you plunk down A HUNDRED BUCKS!

But how are you going to afford Cold Stone? The movies? Video games?

You must give those up. Music is competing for the entertainment dollar and you’ve got to make a choice. Either have a well-rounded life or listen to music, it’s your decision, this is the way it’s got to be, because the rights holders SAY SO!

Now if I rang up Robert or Jimmy and asked them… Do you want a few rich teenagers paying a hundred bucks plus for your catalog or MILLIONS paying a lot less, what do you think they’d say?

Well, they’d say this Ahmet Ertegun tribute is really a soft launch for their tour. They’re going to go out on the road and rape and pillage…why do you think they’re PRACTICING SO HARD! And they don’t want to play arenas, but STADIUMS, like in the old days, and they want to FILL THESE BUILDINGS! And the old farts will pay a lot to sit up close, but they won’t pay a fortune to sit in the bleachers. But these kids, they’ll be thrilled just to BE INSIDE!

Do you get it yet? That it’s not about the rights holders, but MUSIC! That the RIAA companies have music locked up, they want to charge a fortune for it, and therefore most people can’t afford it. And that there’s an easier way out, monetizing the present behavior…having everybody be a music customer, resulting in at least as much revenue, and a healthy scene, great live gate, tons of merch sales.

Who’s gonna follow Neil Young? Who’s gonna follow Paul McCartney, the Stones and the Eagles? Where are the next ARENA bands, never mind stadium acts. The only way we can build these bands is by getting the music in people’s hands. And last I checked, ten dollars from a million people is no different from one dollar from ten million people. It’s just that now, A FUCK OF A LOT MORE PEOPLE KNOW ABOUT YOU, A FUCK OF A LOT MORE ARE FANS!

Couldn’t happen in the old days. The costs were too high and you couldn’t reach people easily. But the Net has broken down these barriers. Let me ask you, in what ways have the RIAA companies embraced the Net?

iTunes is worse than CDs. The sound quality sucks and the price is the same. Where’s the innovation? Where’s the BUILDING of the business. The assholes are so busy trying to MAINTAIN what they’ve got that they can’t see the virgin landscape open for the taking, the vast resources that can be used to promote music to what it once was, the hippest artistic medium on the planet, as opposed to the inbred cousin no one wants anything to do with.

This is a business built on bullying and intimidation. And it’s no surprise the RIAA’s legal strategy reflects this. And those days are through. Transparency rules. It’s not about paying radio off and cheating acts on royalties, it’s about making the music available to hear on the Web and transparent accounting. The industry’s worst nightmare.

So they convicted a guilty woman and penalized her an amount she’ll never be able to pay.

Their hands were tied. How else could they get everybody else to settle for a few thousand. Huh? Is this strategy WORKING? Cara Duckworth of the RIAA said "We lose money on our litigation program." Okay, if you lose money there, and you’re losing CD sales, WHERE ARE YOU WINNING? What’s the strategy to turn things around? NOWHERE IN EVIDENCE!

People want a lot of music for a low price. The labels don’t offer this. Except as evaporating subscriptions with low tech devices that make iPods look like hand-held human transporters. It’s like trying to get people to give up their BMWs by offering them Kias. Sure, Kias might get better gas mileage, BUT DO YOU WANT TO DRIVE ONE?

The labels are making music free. The lawsuits not only lose money, they’re not reducing file-trading. All they’re doing is scaring off people who don’t buy music ANYWAY!

If this is a victory, then I don’t understand the game.

This is a flawed strategy exercised to make non tech-savvy label heads feel good as they drink expensive wine and worry about their eight digit payouts. This is like TV networks not being on the satellite. Huh? Eventually the networks merged with the cable stations. Everybody made more money. The labels have to embrace the Internet, or else go extinct. Which, they’re doing a good job of. As far as getting acts to cough up their touring and merch revenue, they’re lucky to get good acts to sign with them AT ALL! You tell me what to record, you can’t get me on the radio, you don’t pay me and you won’t let me leave. This is an enticing business proposition?

As for the public… The RIAA lost people’s hearts and minds a long time ago. It happened when people discovered the original Napster and then got iPods. They all said WOW, THIS IS GREAT! How come the labels can’t understand this? A buck a track? That’s like $4,000 for a PC. But now they’re five hundred bucks at Wal-Mart and everybody has one. Which business model do you want to employ? A few at a high price or many for very little? Do you want EVERYBODY listening to music or only the privileged, dedicated few. Think about it. And then figure out how to monetize the stealing, how to give the people what they want. ISN’T THAT THE ESSENCE OF BUSINESS?

Warner Brothers might have paid for the record, but the reviews made me buy it. That woman who wrote Maria Muldaur’s "Vaudeville Man"…she had an album of her own. This was the heyday of the west coast singer-songwriters. Wendy Waldman had something to say.

Senior year of high school is a victory lap. It’s your last hurrah before you’re called up to the majors, to college. A land away from your parents awash in parties. But when college is done, then what?

Maybe it was the era. I signed up for the LSAT, but then Jack and Phil knocked on my door the night before and convinced me to go to Montreal instead. That’s what the seventies were like. You had to take advantage of the opportunities. If there were corporate recruiters on campus, I wasn’t aware of them. All I wanted to do was ski and listen to music. Although even I knew that took money. Where was that money going to come from? And, before I did that, I had to write my goddamn thesis. I hadn’t put in three plus years to drop out. But suddenly, I could see why people did. But that wouldn’t solve the problem, that would just leave me with more questions than answers.

So I kept buying albums, looking for answers.

I bought Wendy Waldman’s debut the same time I bought the New York Dolls’. I loved Todd, I’d buy anything with his name on it. And, I liked "Jet Boy" and "Personality Crisis", but it was Wendy Waldman’s album that got me, from the very first note. "The Train Song" pulled out of the station, and I left with it. But the second side, that’s the one that killed me.

The way Wendy tossed off lyrics about old time love. No hesitation was necessary, I jumped right in. And stayed there as she sang about being a natural born fool. But the third track on that side was my anthem. "Lee’s Traveling Song" began with these lyrics:

Hitch a ride on a plane to California
My mind won’t let me be
Whoa, whoa, what will be my destiny?

I’d just flown back from California. The golden land of opportunity. Who your family was, all the east coast bullshit, was irrelevant. I’d dropped my sister off at graduate school. I should have stayed too. I was born for California, I escaped to California.

There’s no SAD. Everybody’s so into their own trip you’re free to pursue yours. You can make your own life, without worrying about freezing to death.

But before I left for good, after I escaped with my degree from Middlebury, I went to the Bitter End, to see Wendy Waldman. And I felt that same vibe. The one in her records.

That first record ran shotgun all the way to the west coast. I’d slip it into the Blaupunkt whenever I needed centering, when I wasn’t sure I was on the right path.

And it was Wendy’s third album, "The Main Refrain", that got me through law school before I met my girlfriend. Two years in Utah had left me so broke I was sleeping on floors. I needed a shock to the system. And law school was it. It wasn’t that it was hard, it was easier than college, but WHO GAVE A SHIT? I was just going through the motions. But when I laid on my bed and listened to "Prayer For You"…I felt that somehow I’d make it through.

Love. Sex and connection. That’s what carried me through law school. And then I truly had to face life. And I’d be lying if I told you I had it figured out, that I was good at it. My parents had run out of patience, and I’d run out of money. I was living on nothing in the land of the sun, paralyzed, trying to figure out what was next.

When my ex-wife moved out in ’89, I relied on the old records to get me through. I found new meaning in "Blue", and resonated with "It’s Alright Ma, (I’m Only Bleeding)". I spoke with Joni Mitchell, but she was different from her records. And even though I was in proximity to Bob…does anybody speak with Bob? But, as the nineties wore into the twenty first century, and via the Internet I gained a larger following, a broader reach, I wrote about Wendy Waldman. And she wrote back.

It’s funny, all these years later it’s not about stardom. Hell, Wendy’s not a star. But you can’t believe you actually KNOW the person who made those records you listened to again and again, that got you through.

After failing to break through with five albums at Warner, Wendy went to Epic. Where she missed again. Then on to Cypress. Same deal. She left for Nashville. Became a producer. And along the way wrote hits for the Dirt Band and Vanessa Williams. I loved "Save The Best For Last", and when I found out Wendy had a hand in it, I loved it even more.

And during that time in the desert, Wendy continued to make music. And, she recently assembled a compilation of that music, "Seeds and Orphans".

Acts are not supposed to have it anymore, they’re supposed to be burned out. But there are songs on "Seeds and Orphans" I love as much as the ones on those seventies records. This one especially, "Restless In Mind". The changes sound like that final year of college, when you’re trying to keep the flame of hope alive, waiting for better times.

Wendy sent me a CD. I’d been listening on Rhapsody. Told her she’d get a check for a cent or two. But I needed to OWN this material. And ripping it into iTunes just now for transfer to my iPod my whole mood changed as it played. My problems fell away. I felt that I had purchase in this world, that I owned a piece of it, that I counted, and I rarely feel this way.

And when I removed the CD from the drawer, I noticed it was burned. Then I realized the booklet was handmade too. Wendy had used the power of technology to keep on keepin’ on. The system may not have wanted her anymore, but that didn’t stop her, she was still soldiering on.

I checked her MySpace page, to see if any of these "Seeds and Orphans" tracks were up there. They weren’t. But one of my all time favorites, "The Wind In New York City", from her last Warner Brothers album, was.

I got e-mail from the most beautiful girl who goes to Aspen. She told me this song reminded her of how lonely she felt the last time she gave it up too soon and laid in bed all night in a New York hotel room, just waiting for the sun to rise so she could escape. This was our bond, the connection bred by this record.

And now you can hear this record. Doesn’t matter if you listen or not. It’s just that it’s AVAILABLE! That it’s not dead, that it’s not in deep memory.

Used to be the filters determined if you had a career or not. The powers-that-be determined if you were allowed to have exposure. Most acts got no exposure. But those days are through. And this is what the labels hate. They’re needed no more.

Oh, make no mistake. Nobody does a better job of attracting notice than a major label. But do you want this notice? Do you make music that gets noticed with carpet bombing techniques?

The future is murky. But we now know the tools are there. You can do it for yourself. And we’re gonna be there to support you. Because we love you.

Wendy Waldman MySpace

This is not a model for the future. This is a stunt by the most credible major band on the planet. As much marketing as revenue generator. Radiohead’s image has been burnished for decades to come, people won’t forget this giveback to their fans, this middle finger to the man. But this pay what you want model isn’t going to save the recorded music business.

Is anybody interested in saving the recorded music business?

Certainly not Edgar Bronfman, Jr. He keeps testifying how he needs a 360 degree model to survive, that you can’t make money off of recordings. Even though the company he purchased at a fire sale price did just that for decades. Did I miss a memo? Is recorded music suddenly WORTHLESS?

Then we’ve got Jimmy Iovine, branching out into movies and Vegas. If I were Vivendi I’d change his deal, make him a consultant. There are only twenty four hours in a day. Is Jimmy working for THEM or is he working for HIMSELF?

And Clive’s answer? He just continues to spread the myth that he’s God. That he’s so powerful he can make ANYTHING a hit, as long as his charges listen to him, since he knows much more about music than they ever will.

Hell, maybe Clive knows more about the music BUSINESS, but is the mainstream business the same one he’s been functioning in for four decades? Or are we seeing a change as dramatic as that which he says began with Monterey Pop?

The acts changed, but CBS still sold recorded music. Clive didn’t tell Janis Joplin her music should be free. Where’s his business wisdom now?

Not that we should be looking for septuagenarians for answers…

But the Google guys… We won’t let them in our business. Certainly not after the Apple debacle.

Oh, you know that Cupertino company. The one that RUINED THE BUSINESS! Yes, everybody wanted CDs and they developed this iPod contraption and now everybody wants files. Is this really Apple’s fault? Or did they just seize an opportunity? More to the point, have the majors constantly SQUANDERED opportunities?

Is the Internet the end, or the beginning?

Is it really true that no one can get paid online? Or do we just need a better business model?

Do bands have to survive on tours? What about composers, non-touring artists…are they FUCKED?

The majors would say so.

But I want to see how they’re perceived after this file-trading trial debacle. DID NO ONE AT THE RIAA READ NAOMI KLEIN’S "NO LOGO"? Major labels must avoid trials at all costs. Because it’s not about the truth, whether someone pilfered music or not, it becomes a referendum on their practices, on their BUSINESS MODEL!

You get an inane attorney claiming ripping your own CDs is theft. God, that one made the rounds online in minutes.

Sony BMG’s chief anti-piracy lawyer: "Copying" music you own is "stealing"

What other ignorance and dirty laundry is gonna come out. The fact that labels make the lion’s share of the money?

The public is no longer unsophisticated. One reason fans are paying Radiohead is because the money is going directly to the band. If they buy the major label product, they believe the money goes to the man, who is SUING THEM!

The fan has no interest in the label’s business model. The fan is just that, SOMEONE DEDICATED TO A BAND’S MUSIC!

How do you get someone dedicated?

Is it about making a big noise? Then that guy who asked us all to save Britney on YouTube would be rolling in dough. Everybody on TV playing music would be rich. But that eighties model is dead. Exposure isn’t everything, the kind of exposure is KEY!

How do you get your fans to trust you?

That’s what all the bands are learning from the Radiohead model. If you’re cool, people will give you ALL their money. But what does this do for labels? What does this do for BREAKING ARTISTS?

All we get from the labels is a big shrug.

People know Radiohead. How do we get them to take a chance on someone new, and PAY FOR THIS CHANCE? In a non-voluntary way. In a compulsory way. You want music, you’ve got to pay for it. Oh, maybe you can get it from your friends, but that’s INCONVENIENT! How can we sell music CONVENIENTLY?

Tower Records died because it was easier to get it online. Not better, MP3s don’t sound too good. But you can get them without leaving the house. How can we appeal to the customer’s desires? Trying to convince them to overpay for crap is a nonstarter.

I could offer up some solutions, but the majors aren’t listening. They’ve got the clout, and they’re making music free.

Some kid, of the type who STARTED Google, is gonna figure out how to get his new band, which won’t get MTV or Top Forty radio airplay, paid. This band will have direct communication with its fans via the Net. Maybe they’ll have to give the music away for free now, but this won’t be forever. They’ll come up with a business proposition that is appealing. And the majors will be left out. They won’t license their catalogs, so young ‘uns will stop trying. And the acts they sign will be BETTER than what the majors purvey.

So this Radiohead Net model? It’s less about a new way to get paid for music than a statement that the old model is dead. If tip jars were the future, we’d all be buying shareware instead of Microsoft Office.

There’s a crisis. There’s a riot going on. Music peaked when it was ANTI-ESTABLISHMENT! How come Radiohead got the message and no one who runs a major label did? How come it used to be impossible to get a GIG at a record store, where it was happening, and now the stores that still exist are peopled by automatons, buffoons out of a Judd Apatow movie? How come everything we believed in is now shit?

We can blame high concert ticket prices on Robert Sillerman. But who are we blaming the Net crisis on? No outside force. Just the usual suspects, running the major labels into the ground.

It was like being at a jazz concert. Not that I’ve been to many jazz concerts. It wasn’t about hits, but playing. It was about where the music was gonna TAKE YOU!

I gave up the herb many moons ago, but when the acrid smell permeated the Hollywood Bowl during the first number, I felt an adrenaline rush. This was the experience. The rock and roll experience.

You work all day to make enough money to go to the show. And when the band hits the stage, no matter if you’re in the very first row or the last, you become elated, you feel privileged just to BE THERE!

We live in a sick society. One in which a pop star is being driven towards suicide by an unrelenting need for the public to know. What do we need to know? That even if you’re rich, life is hard?

Tourists come to Hollywood to go clubbing with the twentysomething famous. They want the allure to rub off on them. But, if you were in attendance last night, you’d forfeit your pass to the freak show just to BE Dave Matthews. To get to play music EVERY NIGHT!

Stardom is the byproduct. At the heart, there’s music.

You can buy a Dave Matthews album. You can watch one of his videos. But you won’t get it until you go to the show. And, fans don’t care if you don’t come. They don’t want to be brought down. They want to be in reverie with their friends, a club outside the mainstream, where music can save the world.

They’re shimmying, they’re shaking. They’re nodding their heads. And when the numbers end, they’re ROARING!

It’s deafening. Like being at a baseball stadium. But the music isn’t being produced by hopped up athletes without a care in their brains, but thinkers. You’ve got to think to play. To be locked in.

And the Dave Matthews Band was locked in. I’m still coming down. And it’s twenty four hours later.

What did I like best? When suddenly they started playing "Grazing In The Grass", the Hugh Masekela version. With the TRUMPET!

They don’t have trumpets in rock bands. But the DAVE MATTHEWS BAND DOES!

A great concert enraptures you instantly. It sets your mind free, so it can recall the good times. You’re not bored, you hope it will go on forever. Dave’s almost three hours straight was not enough.

Who else would duel with a BANJO? And even John Mayer toned down the histrionics to get into the groove with Dave. It was one of those shows that burns into your memory bank. You don’t remember the music so much as the feeling. You need to go back.

I’m watching Carter Beauford on the big screen. He’s pounding the drums. And he’s SMILING! This isn’t work, this is play. This is the essence of human life. This is JOY!