All Things Digital

EBay (EBAY) may yet find a way to justify the astonishing $2.6 billion it paid for Skype. This morning, the Internet phone service launched an aggressive new international calling plan. For flat fees of up to $9.95-a-month, Skype is offering unlimited calls to computers, landlines and some cellphones in 34 countries.

“For example if you live in London, for just 2.95 euros a month, you can call your grandmother in Poland, whenever you like, talk for up to six hours at a time, and not worry about how much it’s costing you,” explained Stefan Oberg, VP and GM of telecoms at Skype. “Your grandmother doesn’t need to understand the Internet. You just use your Skype subscription to make the call and she just picks up the phone.”

An interesting move, and one that comes just days after incoming eBay CEO John Donahoe said the company will consider selling Skype at the end of the year if it can’t find ways to use it to support its core business. “What we’re testing this year are the synergies,” Donahoe told the Financial Times. “If the synergies are strong, we’ll keep it in our portfolio. If not, we’ll reassess it.”

While consensus has long held that the synergies to which Donahoe refers are anything but strong, that may be changing. Last week eBay reported earnings, noting that Skype added 33 million subscribers in the first quarter of this year, boosting its total membership to 309 million. Revenue also hit $126 million, up 61% from the same quarter last year.

The Recording Industry Association of America demands damages of $150,000 per song for file-sharing infringements, yet it pays the artists who create those songs pennies for their work. And now it wants to pay them even less.

The RIAA and its online counterpart, the Digital Media Association, have petitioned the Copyright Royalty Board to slash the so-called mechanical royalties paid to musicians and music publishers for digital downloads, subscription music services and ringtones. Seems the RIAA and DiMA feel they’ve suffered unfairly during the transition to digital distribution and they’d like artists to share in their misery.

The National Music Publishers’ Association, noting the favorable economies of digital distribution, asks for a royalty of 15 cents per track for permanent digital downloads. The RIAA argues that a royalty of approximately 5 cents to 5.5 cents per track is more reasonable. The DiMA–which represents Apple, Amazon and RealNetworks, among others–suggests cutting that royalty further still.

Find that astonishing? Just wait; it gets worse. For streaming music services, the NMPA proposes a rate of the greater of 12.5% of revenue, 27.5% of content costs, or a micro-penny calculation based on usage. The RIAA finds 0.58% of revenue more reasonable. And the DiMA says there really shouldn’t be any royalty at all. “Fundamentally, this fragile marketplace is showing signs of promise, but it cannot be saddled with additional, excessive costs,” the DiMA argues. “The board should be careful not to impose a royalty that kills the proverbial goose and deprives songwriters and publishers of their golden egg.”

An interesting choice of metaphor and one in which the DiMA and RIAA might easily figure as the giant at the top of the beanstalk:

Fee! Fie! Foe! Fum!??
I smell the blood of a musician.
Be he ‘live, or be he dead,
I’ll grind his bones to make my bread.”

Grind his bones to make my bread, indeed.

Said Rick Carnes, president of the Songwriters Guild of America: “Our opponents have to recognize that this rate-setting is not a matter of gamesmanship for songwriters, but rather one of survival. As I stated in my testimony, in response to a question from those seeking to cut the mechanical royalty rate in half and to denigrate the importance and contribution of professional songwriters to the music industry, ‘Yes, songs are plentiful, just as rocks are plentiful. But if you want diamonds, you are going to have to pay the miners a living wage.’ ”

Yahoo took some time off from fretting over its uncertain future today to ditch its also-ran subscription music service.

This morning the company said it’s exiting the subscription-music market and throwing its support behind Rhapsody America, a joint venture company owned by RealNetworks and Viacom. In the coming months, Yahoo Music Unlimited subscribers will be transitioned over to Rhapsody and Yahoo will begin promoting the new service on its properties.

The deal leaves us with a subscription services market of three: Rhapsody, Napster and Microsoft’s Zune Marketplace. And among those, Rhapsody–with just under 1 million subscribers–will be the leader. “This takes away a competitor, and gives Rhapsody potentially some marketing muscle,” Jupiter analyst David Card told USA Today. “This is good for Rhapsody.”

Indeed. But only if the deal lasts. And there’s good reason to believe it won’t, given Microsoft’s hostile bid for Yahoo. The software giant and Real aren’t exactly old friends.

Looks like Last.fm co-founder Richard Jones and Facebook founder Mark “Once every hundred years media changes” Zuckerberg have at least one thing in common: a penchant for new-economy hyperbole.

Announcing the debut of Last.fm’s “unprecedented” on-demand music streaming platform, Jones–in a moment of Zuckerbergian grandiosity–proclaimed:

Today we’re redesigning the music economy.”

Which will no doubt come as a bit of a surprise to Apple, and Real, and Amazon and, above all, Imeem, which announced a similar ad-supported service last month.

To be fair, Last.fm’s free on-demand service seems a bit more compelling. Certainly, the CBS-owned site is the only one among the few to offer access to music from all four major labels and a host of independents to anyone willing to stare at an ad for while. And providing complete album streams on a “try before you buy” basis is truly a nice touch.

Still, Last.fm does have one significant limitation: You can listen to a track no more than three times unless you agree to pay for the subscription version of the service or purchase it from an affiliate. Will that be a deal-breaker for the average music fan or a good reason to buy your music through Last.fm, rather than iTunes? Hard to say. “The free-music-on-demand field has been a tough one, with many announcements but few real entries (consider, for example, the often-delayed Qtrax and vaporous Mashboxx),” notes the Los Angeles Times’s Jon Healey. “With CBS’ backing, Last.fm might be able to search longer for a workable formula than the typical start-up. But at some point, it has to find a way to pay the bills.”

The clever folks at Deutsche Telekom’s T-Mobile unit have figured out a way to comply with a court order prohibiting the sales of iPhones tethered to its network, and still remain the exclusive German carrier of the device: sell the iPhone without a T-Mobile contract at a wallet-shriveling price.

And so this morning, the company began offering prospective iPhone buyers a choice: purchase the device with a two-year T-Mobile service contract for 399 euros ($591) or without a contract for 999 euros ($1,478). And if for some reason you choose the latter, don’t expect your iPhone to be fully functional, because some iPhone services are only available with a T-Mobile subscription. Now which version of the device was it that you were interested in?

Analysts say that the arrival of an unlocked iPhone in the German market will likely signal the end of Apple’s exclusive deals with carriers, though that seems questionable given the unlocked phone’s dizzying price point and hamstrung feature set. Certainly, T-Mobile doesn’t seem too worried. “We have no doubt that the success story of the iPhone from Apple in Germany and T-Mobile will be updated,” T-Mobile Managing Director Philipp Humm said in a poorly translated press release. “The distribution model is correct, only because our customers will benefit from exclusive features and custom tariffs. The proper function of the iPhone in our network was tested for months, only T-Mobile offers data transmission standard EDGE nationwide, which the iPhone for fast Internet communications. No other mobile operator offers more WLAN-HotSpots as T-Mobile. I would like to assure our customers that T-Mobile as exclusive distribution partner of the iPhone continue to be the best package of network quality, service and competitive prices.”

Doug’s a very special guy. He’s the last of the great music executives who came up through A&R. He’s old school. I like him a lot.”

–Apple CEO Steve Jobs on Universal Music Group CEO Doug Morris

The per-device royalties Universal Music Group receives for every Zune player sold were apparently substantial enough to buy CEO Doug Morris a bigger set of balls, because he’s out drumming up support for an industry-owned subscription service with which he hopes to loosen Apple’s grip on the digital music market.

The endeavor is called “Total Music,” and Morris has already approached Sony BMG Music Entertainment and Warner Music Group about participating. His proposition: a subscription-based music service for the hardware industry, one whose cost could be baked into the hardware that supports it. Under the Total Music model, hardware makers subsidize the cost of music, which consumers are then given for “free” when they buy a new digital media player. That’s more money up front for hardware makers, but it’s a wise investment because, as Morris reckons, they’ll make that money back and then some by selling many more devices.

Interesting business model. “If the object is to wrest control of the market from Steve Jobs,” said Gartner analyst Mike McGuire, “this is a credible way to try it.”

Sadly for Morris, it’s also one inevitably complicated by recent turmoil in the music industry. With Radiohead releasing its latest album as a pay-what-you-will digital download, Nine Inch Nails declaring itself a free agent, and Madonna about to dump Warner Music Group for a concert promoter, we’re clearly seeing a sea change in music discovery, distribution and consumption, one perhaps lost on an industry so hardened by years of CD price fixing. So while the music industry struggles so to wrest control of the digital music market from Apple, some of today’s biggest popular artists are crafting an entirely new business model.

Sanford C. Bernstein analyst Jeffrey Lindsay appears to have finished Yahoo CEO Jerry Yang’s 100-day strategic review of the company for him. In a research report issued today, Lindsay suggested Yahoo divide itself into three businesses–display advertising, Web search and subscriptions–to bolster its valuation.

Split up in such a way, Yahoo would be worth nearly $39 a share, or about 44% more than its current price–theoretically, anyway. “It appears that Yahoo will not take bold measures to right the ship,” Lindsay wrote. “We believe that Yahoo still has a potentially high intrinsic value. We believe, however, that to stop the inevitable slide into irrelevance, the management team must consider more radical actions and strategies.”

More radical than inviting 300 employees holding the title of vice-president or higher to a motivational event with Apple CEO Steve Jobs? Yes–sacred cow-slaughtering radical. Otherwise, you’ll be inviting Jobs back again next year, this time for a crowd of 600 VPs.

“We do not believe that Yahoo will alter its current course,” said Lindsay. “We believe that management is committed to a path of incremental revenue improvements which we believe will lock the company into a lower value trajectory.”