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INTERNET SPACE
Asia's digital divide poses challenge for music industry
by Staff Writers
Hong Kong (AFP) June 21, 2012


Facebook and Yahoo! in patent fight truce talks
San Francisco (AFP) June 20, 2012 - Facebook and Yahoo! are in patent war truce talks that could end a legal battle between the companies, according to court documents available online Wednesday.

"The parties are currently engaged in settlement negotiations to resolve this dispute," attorney Kevin Smith of the Yahoo! legal team said in a filing asking a federal court to allow the companies more time to negotiate.

"The parties believe that a further extension will facilitate settlement."

In March, Yahoo! filed suit against Facebook in US District Court in San Francisco, accusing the social networking giant of infringing on 10 patents.

The Yahoo! suit accused Facebook of infringing on patents in areas including advertising, privacy and messaging and contended that Facebook's growth "has been based in large part on Facebook's use of Yahoo!'s patented technology."

Yahoo! asked the court to order Facebook to halt its alleged patent-infringing activities and to assess unspecified damages.

Facebook, which is based in the northern California city of Menlo Park, denied violating any valid Yahoo! patents.

Facebook went on to accuse Yahoo! of infringing on its patented technology in a broad array of products including online venues for news, games, cars, travel and photo-sharing service Flickr.

The fight between Yahoo! and Facebook heated up in April with the floundering Internet pioneer accusing the social network star of buying patents just to retaliate in court.

Yahoo! also added a few more patents to the list of intellectual property it claims Facebook is abusing.

"We remain perplexed by Yahoo's erratic actions," a Facebook spokesman told AFP at the time.

"We disagree with these latest claims and we will continue to defend ourselves vigorously."

Patent suits are a frequent occurrence among smartphone and tablet computer makers, and the world's best known brands are ensnared in a complex web of legal claims, but such suits are relatively rare among social media companies.

Technology is the new rock 'n' roll as smartphones and digital services transform the music industry. But for those companies helping change the way music is consumed, Asia presents big hurdles.

Apple's iTunes music store -- which has stamped its presence in the US and Europe as sales in traditional formats such as compact discs continue to fall -- is still a limited service in many parts of the region.

Other global players and streaming services popular in the West such as startup Spotify, a privately held firm launched in Sweden in 2008, are in the process of launching digital platforms in Asia, say analysts.

But together with the region's sprawl of very different cultural sensibilities, complicated licensing issues between record companies, publishers and groups holding performing rights, and piracy hotspots, digital growth has been mixed.

"Doing business in the so-called western world is a little simpler," Ruuben van den Heuvel, executive director of music, media and technology consultancy GateWay Entertainment told AFP from Brisbane, Australia.

"For western companies coming to Asia, it's like stepping onto a brand new planet and wondering how it works," he said. "The landscape for digital music is a bit of a piracy wasteland."

Globally the music industry remains in a period of dramatic change as it tries to reconcile the Internet's ability to grow audiences with the fact that this means people can easily get their music for free using peer-to-peer (P2P) software.

Recent data suggests the industry is starting to turn things around.

According to the International Federation of the Phonographic Industry (IFPI), digital music revenues grew 8.0 percent last year to $5.2 billion.

"The music industry has grasped the opportunities of the digital world in a way few, if any, other businesses can claim to have done," IFPI chief executive Frances Moore said in a report released earlier this year.

"Our digital revenues, at one third of industry income (and now more than 50 percent in the US), substantially surpass those of other creative industries, such as films, books and newspapers."

The Asia Pacific region is set to play a bigger role in that progress.

A 2011 forecast from technology consultancy firm Ovum said the region will account for 35 percent of global digital music revenues to the tune of $7 billion by 2015, out of a global figure of $20 billion.

But it noted that growth in the region will be compromised by the amount of free music already available online.

One black spot is China, which has nearly twice as many Internet users as the US. But its digital music revenues per user are currently about 1 percent of that of the US, according to the IFPI.

An agreement last year between Internet search giant Baidu and major record companies Sony, Universal and Warner that saw the tech firm shut down infringing services and set up an authorised digital music service was seen as progress.

But China has seen an estimated 99 percent digital piracy rate in recent years, meaning the legitimate market has operated at only a fraction of its true potential, according to the IFPI.

At $67 million, its overall music sales were smaller than Ireland's in 2011. It is a similar story in India, which has more than 40 million smartphone users and 14 million broadband connected households.

"Extremely large countries like China and India have got social issues far higher up their to-do lists than piracy," said Van den Heuvel.

"So it will be some time before piracy is really addressed to the point where it is stopped and consumers are forced to buy legitimate content on the web."

-- Seoul shows the way --

One place in Asia seen as a guiding light for the rest of the region is South Korea, regarded as a pioneer of anti-piracy legislation.

In 2007 it began updating its copyright law to account for the sprawling digital world and legitimised pirate services by forcing them to register with the government and implement filtering.

According to IFPI data it is now the most successful digital music market in Asia, with an estimated three million music subscribers to services such as MelOn and Mnet.

A combination of legal clout and a huge repertoire of K-pop acts has helped South Korea post steady growth, moving from 33rd to 11th biggest music market in the world between 2005 to 2011.

Elsewhere, KKBOX, a major service in Asia, is present in Hong Kong and Taiwan, offering streaming and download services.

One success story in Asia is YouTube, which has extended its presence in the region with launches in Malaysia, Singapore, and the Philippines in the past year, meaning that it translates the website into local languages and sells advertising locally.

It has already been "localised" in Japan, Hong Kong, Taiwan, South Korea and India.

"We saw huge growth and decided to localise in those markets," said Anthony Zameczkowski, head of music, YouTube Asia Pacific at the Music Matters industry conference held in Singapore in May.

"There is huge potential," he added, citing YouTube's growth as "an example of how the music industry could grow in the region, simplify the process, make sure everyone understands what everyone is getting and (ensure) no infighting between the rights owners".

Analysts agree that better agreements on licensing and pricing to ensure any new service is not open to litigation are crucial to future digital music sales in the region.

"Every significant global player is looking to launch in Asia in the next 12-24 months," said Van den Heuvel. "But they are going through the trials and tribulations of doing so."

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