I've been involved with MP3s since early 1997. At the time, I was
composing music in the Amiga .MOD format, an early software wavetable
synthesis system, and I was talking with a friend about it. He asked
me if I had released anything in "MP3" format. I had not; I didn't
know what an MP3 was! So I surfed the Web that night looking for
information about this new format. (As it turned out later, MP3s are
not new at all, but we'll get to this.) I found a few scattered
websites with sparse information on the topic, making allusions to
this way of compressing sound. I managed to find an audio player and a
few MP3 files and I clicked "Play." I was absolutely blown away by
what then happened. Music started playing from my speakers that
sounded like it came from a CD. I had downloaded a small file from
someone else's server that was now playing absolutely gorgeous music
from my computer. I was dumbfounded by the implications: you didn't
need to be able to hold a piece of music to hear it; you could share
music with friends without giving it up yourself; record stores were
no longer necessary!
I wanted to share this discovery with
everyone. I showed it to everyone in my dorm, and people were soon
blasting their freshly downloaded music out of their stereos. In late
February 1997, I set up a website that explained what the format was
in clear and straightforward terms (possibly the first such
explanation on the web), had links to all of the latest players (about
15 or so), encoders, and other MP3 sites, and I also put up 120 of my
favorite songs from other sites to demonstrate the quality of the
format. There were around a dozen other MP3 websites at the time, so I
sent off emails to the webmasters to introduce myself. One guy had to
take down his website due to the amount of traffic he was getting, so
I suggested for him to redirect visitors to my site. I watched my site
traffic go from 5 hits per hour to over 100 hits per hour the minute
he put the code on his site. I was, naturally, quite excited. I now
had a popular website! I tweaked the server to focus on web serving
and put a realtime graphic on the screen to show how many people were
currently on the site. At night, I learned to go to sleep to the
throbbing and clicking of the hard drive. I hope my roommate did, too,
God bless his soul. This went on for about a week and a half. Then I
got two phone calls.
The first call was from Residential
Networking. It went something like this: "Hello, David. I'm one of the
network administrators at Stanford. I don't know how familiar you are
with how we work here, but we keep a 'Top 20' list of sorts that
tracks the twenty computers putting the most data out from Stanford to
the Internet. Now you should understand that normally dorm computers
don't make it onto this list, just our main servers like
www.stanford.edu. Well, David, your computer is on this list. In fact,
it's been on there for a while, in the #1 slot. Your computer is
currently responsible for 80% of the outgoing traffic from this
campus." I gulped. "We're just curious," they asked, "What are you
doing?" So I told them. Amused, they hung up. They had mainly been
worried that I was running some kind of commercial service, which I
was not.
The second phone call was not as kindly. It was from
Network Security and on the same day as the first. Apparently they had
gotten a phone call from Geffen Records advising them that a student
was distributing copyrighted music on a webpage and that it would be
in Stanford's best interests to shut the site down quickly and
quietly. The man on the other end of the line was impervious to my
plea as to why this was the ultimate boon for artists. He was not very
happy about the idea of Stanford getting sued and demanded the site be
down in five minutes. What could I do? I took the music offline.
But I was upset. I had just stumbled across the greatest tool an
artist could ever have for distributing their music online and now the
industry most responsible for helping artists was shutting it
down. That day, Geffen shut down the twenty or so major MP3
websites. It was not a difficult task: we were not trying to hide
ourselves! We listed ourselves on search engines and linked to each
other. We had been proud to be showing people a new technology. We
were not trying to hide, by any means.
I went back to my website
to shut it down, and as I did, I went to the chat room that I had
setup on the page. Someone was there, so I clicked on him: it was Jim
Griffin of Geffen Records. Jim left the chat room before he saw me log
in, but I had just enough time to grab his email address. Now I had
the email address of my oppressor! I sent a two-page letter explaining
why I thought that he had erred in shutting my site down and how much
I thought that this medium could benefit artists. I didn't really
expect to hear back.
But surely enough, Jim wrote me an email
back, with his phone number. He wanted me to call. I was amazed! I
called him.
It turned out that he was not as anti-technology as I
had thought he would be. In fact, he agreed with nearly all of the
points I had to make about online distribution being the future of the
music industry. As it turned out, that week the RIAA (the Recording
Industry Association of America, a group representing the largest US
record labels) had held an emergency meeting in New York to discuss
the suddenly exploding issue of online music piracy. They had, among
other things, demonstrated my site and had discussed possible "legal
remedies." Jim just didn't want me to get sued; he had done me a favor
without me even knowing it.
Realizing that there might be a
possibility of cooperation between the music and technology worlds, I
was encouraged. I contacted the other webmasters whose sites had been
shut down and we began to talk about what we could do to promote MP3
as a legal, cool way to share music. None of us really had a patent
interest in illegally copying music; we were simply blown away by the
"cool factor" of the new medium. We decided to form an official quorum
for discussion of these issues, called The MP3 Audio Consortium. (It
was actually originally called "The MPEG-3 Audio Consortium," until
Tristan Savartier of mpeg.org pointed out to us that MPEG-3 didn't
exist and that MP3 really meant MPEG Audio Layer 3!) One of our
members drew up a logo, and I set up a website and a mailing
list. Nicknamed M3C, we grew quickly.
Within two weeks of
formation, we had over 100 members from the Internet, audio, and
technology worlds. List traffic was flowing furiously discussing ideas
for how we could make MP3 viable. I contacted ASCAP and BMI about web
licenses; first told they didn't exist, I was then sent ASCAP's web
license soon after it came out. I scanned the documents and put them
online. Discovering that a license from ASCAP was not sufficient
rights to broadcast music, I began to put up information on the legal
aspects of distributing music online. I maintained my list of audio
players and included news briefs on what was going on in the MP3
world. Needless to say, it was becoming more difficult to focus on
schoolwork.
Through the discussion on the list, I personally had
come to the conclusion that the best way to get Internet audio into
the ears of the masses would be to start a company and showcase
artists on a web site, selling some pieces of music and giving away
other parts. With fellow Stanford student Steve Oskoui, we set out to
transform the music industry, naïve and hopeful. Our first mission was
to lock down the technology that we'd need. Knowing that were we to
succeed, we'd require ungodly amounts of storage and bandwidth, I
began investigating storage and bandwidth solutions, asking around for
solutions that could store terabytes (trillions of characters of text)
and deliver gigabits (billions of ones and zeroes) per second of
bandwidth. After all, a gigabit was only 10,000 people listening to
CD-quality music.
At the same time as investigating the technical
backend to our servers, I was in the middle of organizing a conference
for mid-August '97. It was going to be the first conference focused on
MP3s. I was going to make it cheap, $50, instead of the lucrative
$3000+ charged by the other conferences. I was going to bring in
panels of lawyers, artists, techies, and record label execs to duke it
out, showcase new technologies, and talk about what direction MP3s
should go. It was to be called NetWave. I lined up speakers,
companies, and financial backing. I reserved a hotel and conference
rooms. But alas, my funding from the RIAA fell through and Liquid
Audio took too long to pony up their sponsorship, and the date for the
down payment on the hotel came and went. I had to cancel. Conference
planning had left me too busy to keep up the M3C site, which was
rapidly becoming outdated. Desperately trying to delegate its
maintenance to other volunteers, I was unable to sustain the site and
was forced to bring it down. I was sad, but at least I could now focus
on the company.
Steve and I worked out the pricing and figured we
could pay for bandwidth by embedding 5-second audio advertisements in
front of the music. If we could get even a penny a song, we'd be able
to turn a good profit, due to the massive volumes of people
downloading MP3s. On purchased music, we'd offer songs for a dollar
and an album for six or seven. It seemed reasonable enough. We dreamed
of becoming Silicon Valley superstars. We dubbed the company Universal
Digital Media and incorporated ourselves as a Limited Liability
Corporation. All we needed now was pop content and we'd be all set.
I contacted Mr. Lippman, head of Lippman Entertainment, through
his son Josh who also went to Stanford. Lippman Entertainment managed
big artists, like Guns & Roses. They were interested in promoting
Matchbox 20's new 3am single on the web as a bit of a publicity stunt:
they wanted to be a "first," catch a bit of press for it, and
hopefully drive up album sales. Matchbox 20's Push was already playing
on the Top 10 lists across America, so I knew I had a hit on my
hands. The traffic to our site would be tremendous; other acts would
look to follow with us; we'd be a trusted name in the industry. Josh
talked it over with the band and they gave it their thumbs up. We went
down to LA to meet with Mr. Lippman and demo our solution for him.
It turned out that Mr. Lippman didn't have an Internet connection,
so we had to arrange the demonstration for a painfully slow 28.8k
modem on an America Online dialup account. America Online decided to
be finicky that day and the dialup was not working. It's not easy to
explain to someone that their connection is at fault and that yes,
this really was something that hundreds of millions of people did
easily, trivially, every day.
But we managed to come through
okay, and Mr. Lippman saw the potential for distribution. He realized
that if he could get another couple million people to hear his music
that that would mean new sales, and that if his company was viewed as
innovative and cutting-edge for adopting new technologies that artists
might be more "hip" to sign with him. He agreed and we shook on
it. 3am was going to be distributed on the web for ten cents a
download. All we had to do was formalize the agreement.
Steve
drew up a contract and we mailed it to LA. We were told we'd hear back
in two days, at which time we'd launch the site. We waited patiently,
and two days turned into three, turned into a week, and then two
weeks. We called. Apparently, Atlantic Records was the organization
that actually had control over what Matchbox 20 did, and they hadn't
so much as read the contract? Why? Because they weren't "quite looking
at getting into Net audio just yet."
During this whole time, the
press had contacted us and was very curious about what was going
on. They were intrigued by the story of a "pirate turning
entrepreneur," and articles flew left and right: USA Today and then
Fortune, Forbes, Wired Magazine, Red Herring, and The New York
Times. It felt weird: I had almost never been in the press before and
now I was fielding phone calls like an operator after an earthquake.
But the deal didn't go through. Atlantic had turned us down. Then
Geffen, after eagerly promising us pop content, also came back empty
handed. "Dumb lawyers," they shrugged, "what can you do?" We didn't
have content.
It was clear that without major label support, the
vast majority of our content would have to be through small, unsigned
(and unknown bands). Our company would not, it turned out, be a
technology company after all, but just a small label with a very
high-tech website. This is not what we had come for. Both of us had
interest in and experience with technical work, and neither of us were
ready or willing to drop out of school to undertake full-time work in
the music industry. At this point, around February of 1998, we decided
not to go through with Universal Digital Media.
I suggested to
Michael Robertson of MP3.Com that he start a "NetWave" of his own. I
laid out my ideas for the conference with him, and in June of 1998
Michael hosted the First Annual MP3 Summit, doing a fantastic
job. Michael asked me to write a report afterwards and I did; it was
subsequently posted on MP3.Com's web site. Apparently, people liked
the informal, tongue-in-cheek reporting, and I was asked to write
columns for various websites.
I continued to write articles in
the space and also started consulting companies as to positive
directions for their Internet audio strategies. I took a class and
figured out how to write my own audio codecs. A publisher suggested I
write a book, and here I am, doing it! These surely are exciting times
when such things can befall a hapless youth.