How To Translate an Article on Spotify Finances into Non Magic Unicorn Math

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The Wall Street Journal is reporting that Spotify is close to finishing a new round of funding that values the money losing streaming service at approximately $8.4 Billion dollars.

Spotify nears deal to raise $400 million in a funding round valuing the company at $8.4 billion 

Now many of you that work for normal companies outside of Silicon Valley’s bubble-and-bullshit based economy are a little confused by the financial reporting on Spotify.   You see in the music tech industry they use a special kind of financial analysis generally referred to as Magic Unicorn Math (MUM).  It works very differently than the kind of financial analysis (non-MUM) used by businesses that are non-exploitative, make profits, and actually add value to our nation’s GDP.   Here let me give you an example:

Since Spotify is a a music tech company the Wall Street Journal correctly  uses MUM financial standards to report on it’s finances:

The money-losing company needs the cash to support its costly business model of paying nearly 70% of its revenue to rights holders as royalties. Spotify said in January that it had about 45 million free users and 15 million who pay $9.99 a month for an ad-free version.

If you break down this statement you can clearly see the differences between a “Magical Unicorn Math” financial analysis and Non-MUM financial analysis.  For instance if you were doing a financial analysis of a grocery store chain, you would use NON-MUM analysis and would never report as remarkable that a grocery store pays out 70% of it’s revenues for groceries. After all groceries are it’s primary product. Of course they pay a substantial portion of their revenues for this product!

However when you use MUM financial analysis,  paying for your primary product is not just unusual, it’s outside the pseudo-scientific quasi-religious postulates of Magic Unicorn Math financial analysis.  In MUM financial analysis your product or  “content” is expected to magically appear on your platform or network. Without ever having to pay for it!

Well I shouldn’t say “magically” because there is a real honest to goodness religious theory behind the magic.  The theory relies on something called “unicorn drag.”   Unicorn drag was first postulated by Dr. Blake Morgan.  As described by Dr Morgan “unicorn drag is a kind of ‘dark matter’ that is shed by unicorns as they invisibly zip about the board rooms of venture capital firms.”

In MUM financial analysis simply by building a platform or network, “unicorn drag” invisibly compels rights holders to freely give up their works at below market rates (or even for free!) so that venture capitalists can profit handsomely through an IPO or  “liquidity event”.   Liquidity events are sometimes more informally referred to as “bilking pension funds and little old ladies out of their life savings.”   Now this is a little confusing because our normal “civilized” ethics would discourage people from profiting in this manner and those that did profit in this manner would normally be shunned or even imprisoned.

However the Old Norse/Silicon Valley/Venture Capital religion on which MUM is based celebrates the “liquidity event.”   According to this particular mythology, the greater the abject immorality of your liquidity event the greater your reward in the afterlife.  Legend has it that those who profit the most shamelessly get to sit and drink from the skulls of their victims at the table of the great crypto-fascist-liBRATarian God Peter Thiel.   Skol!!

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I think I’ve made my point.  Let’s look at that WSJ statement again:

The money-losing company needs the cash to support its costly business model of paying nearly 70% of its revenue to rights holders as royalties. Spotify said in January that it had about 45 million free users and 15 million who pay $9.99 a month for an ad-free version.

For all of you that live in the real world, here’s how that WSJ paragraph should have been written using Non-MUM financial analysis:

The money-losing company needs the cash to buttress meager revenues from the advertising supported free tier of their service.   Spotify said in January that it had about 45 million free users and 15 million who pay $9.99 a month for an ad-free version.

(ED NOTE: We believe that the 15 million paying $9.99 a month is probably not correct, from our reading it looks like WSJ is counting users paying $4.99 a month in that $9.99 a month tier.)

#irespectmusic The New Improved Performance Rights Act: Because You Believed

Music Technology Policy

Congressman Jerry Nadler and Marsha Blackburn, John Conyers and Ted Deutch will introduce legislation on Monday that responds to all of you who supported artist pay for radio play.  The thousands and thousands of you who signed the #irespectmusic petition, the hundreds of you who attended #irespectmusic events, the hundreds of you who responded to the Copyright Office’s request for comments on the Music Licensing Study and the “NABtweets” campaign on Grammy night, and who supported the Turtles fight against Pandora and SiriusXM.  All the bands who have hosted #irespectmusic shows around the country, all the fans who wore the “#irespectmusic AND I VOTE!” button at election time.

marsha blackburn

Janita, Rep. Marsha Blackburn, Blake Morgan and Tommy Merrill

nadler

Tommy Merrill, Rep. Jerry Nadler, Blake Morgan and Janita

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 Janita, Rep. Ted Deutch, Blake Morgan and Tommy Merrill

Some of you joined this movement recently, some of you were around for the last…

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Anti-Competitive Behavior: Billboard/Nielsen Hot 100 Chart Favors Spotify and other Incumbents

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Back in November Billboard announced it would change how it’s top 200 album chart was calculated.  It reasonably added a streaming component to the calculation.  What we did not like at the time it was announced is that it essentially overweighted the streams and disfavored albums not released to the streaming services.   We were also suspicious that this was yet another subtle partisan move by Billboard to bolster incumbent streaming services like Spotify, Pandora and YouTube. Why? Well it seemed suspicious to us that Billboard’s change came  right after Taylor Swift refused to release her album on free streaming services.

Today, in a very odd article, Glenn Peoples and Billboard warned artists that releasing content exclusively with the artist owned Tidal would hurt their showing on the Billboard/Neilson Hot 100 chart.   Peoples helpfully estimates just how much lower certain artists would rank on the Billboard Hot 100.  For instance he specifically calls out Beyonce on this point noting that her single “7/11” would fall 8 places from #44 to #52.   Given that Tidal’s relaunch was the brainchild of her husband Jay Z, this seems a little like throwing down the gauntlet.   Since when is Billboard in the artist warning business?  And why start warning artists in the run up to The Billboard Music Awards?  It all seems odd.

Unless of course Billboard and Nielsen somehow have a dog in the fight.  I mean shouldn’t Billboard charts be service neutral?  Why should the charts favor (as Billboard readily admits) one streaming service over another?  Why would “The Bible of the Music Business” make it harder for upstarts that want to challenge the incumbent and dominant market players in the streaming business? Why would Billboard use it’s bully pulpit to seemingly discourage use of a particular streaming service?

We’ve noticed a very strong tilt in Billboards reporting in the last few years away from artists and towards the streaming services.  It has gotten so bad that when this blog exposed Tim Westergren’s (Pandora) donations to an anti-gay politician that Billboard immediately performed damage control for Westergren.  But this is even more disturbing.  Billboard seems to be putting a thumb on the scale here, favoring Spotify and the incumbents over Tidal.

Now I’m just speculating here,  but is there some other reason that Billboard has come out so strongly in support of certain streaming services?  Is it possible that Billboard has developed financial relationships with these companies? And if they have, wouldn’t this make them complicit in anti-competitive behavior by the incumbent streaming services?  Seems to me that someone should look into this.

But what do I know? I’m just a dumb artist.

 

 

 

 

 

 

Apparently Billboard Doesn’t Want Jay Z at Billboard Music Awards, Pimps for Spotify! @S_C_

Why on earth is Glenn Peoples and Billboard warning artists not to go exclusive with Jay Z’s Tidal?   Is Billboard pimping for Spotify?    We’ve long suspected this. Glad it’s almost out in the open.

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The ‘Zero Effect’: Do New Consumption Charts Penalize Compilation Records and Artists Who Window?

 

 

New Math $.00666 : Billboard’s New “Consumption” Chart, Free Streams and the End Of Meaningful Metrics?

 

 

Copyright Royalty Board Filing Suggests that Pandora/Chris Harrison “Created Evidence” for Rate Court Proceedings

Sadly no one in the music business press seems to be paying attention to the Copyright Royalty Board filings. But we all should be watching this closely.   A couple days ago SoundExchange filed a letter with this bombshell in it:

“SoundExchange requested a specific email sent by Pandora executive Chris Harrison in December of 2013 in which Mr. Harrison highlighted the success of a strategy he implemented for DMX that involved entering into direct licenses in order to create evidence for a rate court proceeding. Evidence of a strategic motive underlying Pandora’s direct licensing would undermine the direct licenses Pandora has proffered as benchmarks. But Pandora has refused to produce the requested email and any other documents except for two. In light of their clear probative value to the key benchmarks Pandora has put at issue here, Pandora should produce all documents that constitute, comprise, memorialize, or analyze Mr. Harrison’s efforts on DMX’s behalf.”

full document here:

2015-04-07 Reply re Pandora [PUBLIC]

Created evidence?   That sounds a lot like “manufacturing evidence” to me.   If this is true,  Pandora at the behest of counsel Chris Harrison specifically cut this direct deal with MERLIN (the independent label consortium)  to “create evidence” for the rate court then this should be seriously investigated.  I’m not an expert but when I say investigate I mean law enforcement, The Judiciary Committee or at very least some bar association ethics panel.   If Harrison and Pandora are allowed to get away with this, it doesn’t just harm songwriters and artists, it harms the entire legal process.

(Also some of the labels represented by MERLIN need to start asking:  what it is that MERLIN/MERLIN executives got out of the Pandora deal? Who was banging on MERLIN’s door asking for a direct deal with Pandora?)

Meanwhile the DOJ (despite reports to the contrary) still have the anti-trust consent decrees pointed at songwriters rather than Pandora and Broadcasters.    What a world we live in.

The Great Disappointment: Tidal Highlights YouTube’s Moral Hazard for All the World to See

Escape from the Great Streaming Cult….

Music Technology Policy

Part of Tidal’s business model relies on artists being able to grant exclusives.  The concept of an exclusive requires property rights that are respected by other platforms in the channel.

Imagine if Showtime began showing rips of Game of Thrones day and date with its HBO release.  Forget that HBO would sue them and win.  The actors, screenwriters, producers and the vast below the line personnel would think twice about working for Showtime in the future.

And that’s exactly what should happen to YouTube.

Beyonce released “Die With You” on Tidal as an exclusive.  Everyone at YouTube knows that it was intended to be an exclusive just like everyone at YouTube knows that YouTube could keep the track from being uploaded to YouTube if YouTube wanted to do that.

YouTube has worked hard at getting the world to accept the concept of “user generated content” as some kind of great…

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#howgooglegateworks: Will @senmikelee Investigate Washington Insider Beth Wilkinson for Her Role in the FTC’s Noninvestigation of Google?

The FTC can regulate songwriters but not Google?

Music Technology Policy

The Googlegate Mascot

One of the historical facts that may (or ought to) come up in Senator Mike Lee’s corruption investigation of Google and the Federal Trade Commission is the FTC’s hiring of Washington insider Beth Wilkinson.  Ms. Wilkinson was hired to oversee the FTC’s Google investigation on April 26, 2012, four months before the internal FTC report recommending prosecution as reported by Brody Mullins at the Wall Street Journal.  Beth Wilkinson has several dots that connect her to various players in the Googlegate corruption probe.

Why Was Ms. Wilkinson Hired?  The threshold question is why did the FTC need to bring in an outside lawyer to manage the Google investigation?  Has the FTC done this before?  (Not that I can find.)  Why did they do it this time?  Why did they hire Ms. Wilkinson and who else did they consider for the post (if anyone)?  How…

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@senmikelee Investigating White House Influence in FTC Decision Not to Prosecute Google

Maybe Senator Lee could look at Google’s scorched earth attack on Zoë Keating?

Music Technology Policy

According to the National Journal (“Senate to Investigate White House Role in Google’s Antitrust Victory“):

A Senate panel plans to investigate whether the White House inappropriately derailed a federal investigation into accusations that Google was stifling online competition.

Sen. Mike Lee, the chairman of the Senate Judiciary’s Antitrust Subcommittee, plans to contact the Federal Trade Commission, Google, and other online companies to discuss the issue, Emily Long, a spokeswoman for the Utah Republican, said Monday. The subcommittee has no plans yet to hold a hearing on the issue, she said….

“In short, we are interested in how the FTC allowed a confidential report to be disclosed, and second, what conversations, if any, the FTC or Google had with the White House about the pending investigation,” Long said in an emailed statement. “We are not likely at this time to re-examine the underlying merits of the investigation, which was…

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The Queen of Denial: Be Careful or Rachel Whetstone Will Clap You in Irons

Music Technology Policy

The demagogue is one who preaches doctrines he knows to be untrue to men he knows to be idiots.

H.L. Mencken

You may have read one of many, many recent news articles about an internal Federal Trade Commission report about the Google antitrust investigation released by the FTC under a Freedom of Information Act request by the Wall Street Journal.   That report conclusively demonstrates that at least some of the lawyers at the Federal Trade Commission wanted to bring an action against Google for a variety of violations of the U.S. antitrust laws.

That report was overruled by the political appointees who run the FTC.

The Journal followed up their reporting with an analysis of how many times Google met with Obama Administration officials at the White House both before and after the FTC voted not to pursue an action against Google.  When coupled with the number of Google executives…

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