An unprecedented new report has detailed how the destruction of Napster chilled a decade’s worth of innovation in the music industry. Through interviews with 31 CEOs, company founders, and VPs who operated in digital music during the period, we hear how Big Music collapsed startups, turned down ‘blank check’ deals, and personally threatened innovators with ruination for both them and their families.
By interviewing 31 CEOs, company founders and VPs who operated in the digital music scene during the past 10 years, Associate Professor Michael A. Carrier at Rutgers University School of Law has produced a most enlightening report on the decade long aftermath of the Napster shutdown.
The result is an unprecedented report on how the shutdown of Napster chilled innovation, discouraged investment, and led to a climate of copyright law-fueled fear that pushed technologists and music further apart.
It started with a drain on cash. Interviewees reported that venture capital funding for digital music “became a wasteland”, a “scorched earth kind of place” housing a “graveyard of music companies.” With the big labels choosing where and when to sue, funding was hard to come by.
But the labels weren’t always unreceptive to new ideas – as long as they were bad ones. The report notes that the labels were happy to take “big, up-front fees” of “10, 20 million bucks” from startups they knew wouldn’t make it. Carrier reports that a leading officer from one label admitted that they would “cripple the companies by demanding such advances and guarantees that they go belly up.”
Established services couldn’t make progress with the labels either, even when they did everything they could to avoid copyright issues. One, that boasted several million users and “interest from top-tier VCs – really the top of the top,” was also sued by the labels.
“After they sued us, our opening offer to them was: ‘You guys made your point; we will charge anything you want to charge, and you can take any percentage you want to take,” a respondent reported. “It was literally an offer of a blank check.” The labels refused and said they wanted the service shut down instead.
But for those who didn’t give in to the threats life could get very difficult, not just for their companies, but for them as individuals. The specter of personal liability often raised its head.
One innovator was told by the labels that his company would be left alone but he would be sued personally instead. “We can make all kinds of allegations and it’s your job to prove you’re not infringing,” he was told, with the labels adding that the lawsuit would cost him “between $15m and $20m.”
One of the respondents said it was “very scary” when the labels presented a “..multiple inch lawsuit for a couple billion bucks”, one with the potential to hang over his head for “the rest of [his] life.”
The threats also extended to the families of innovators. One was told it was “too bad” he had children “..who are going to want to go to college and you’re not going to be able to pay for it.”