http://siteanalytics.compete.com/imeem.com+playlist.com+muxtape.com/?metric=uv

I believe that muxtape’s userbase is almost exclusively blog driven, muxtape had a somewhat unique take on playlist sharing, and it had no legal encumberment so it spread quickly.

The safe harbor protection has its limits, the availability of robust filtering systems has been used by lawyers as an example a technology which can be added to file sharing systems to make the sharing of non licensed content harder, if not impossible.

Kazaa went this route, the current Kazaa download doesn’t let you share files that are known to be copyrighted content.

On the website front look at the 3 biggest - youtube has its own in house filtering system, myspace uses gracenote’s content ID system and imeem filters mp3’s uploaded using Snocap.

So, muxtape will get encouraged to install filters, and then maybe it’ll get a chance to make legal deals with the record labels.

Just like imeem did a year ago.

They made a deal with imeem, Warner music was the first to sue and soon after the lawsuit was dropped and a deal was announced, the other record labels quickly followed on with their own deals.

Your comment about non-infringing uses of this media is valid, but if muxtape is going to use this defense it will have to demonstrate that the majority of the content is posted by copyright holders. This will mean extensive policing of mixes and a content filtering system to enforce the copyright limitations. This then leads to a question: how can an indie band promote its tunes on muxtape if it can only post its own tunes. Well the answer is obvious there becomes a ‘white list’ of cleared music and the extent of this catalog depends on which labels want to make deals.

But even extensive limitations may not be enough. Around the end of last year all Universal Music artists on myspace had their music converted to 30 second previews because Universal wanted a share of the advertising revenue from myspace (just like what all the labels get from imeem), myspace eventually gave in.

I see a few outcomes for muxtape
Step 1 - lawsuits from content holders
1) muxtape gets shut down - Unlikely
2) muxtape bans all major label music, makes cheap deals with indie labels - possible, but the majors may force some settlement terms on muxtape to drop the lawsuit
3) muxtape finds a VC who’ll pay the 30million dollars bribe it’ll need to convince the labels to drop their lawsuits and let them in.

Step 2 - Pay for the bandwidth, label deals and employee salaries
a) advertising everywhere! Say farewell to your yahoo - google analogy
b) Subscriptions - make users pay, and leave the freeloaders to their ad encumbered music sites.

I don’t see subscriptions on their own as being likely, but they might be offered as a premium feature where users pay not to see or hear ads.

I don’t think an entertainment company would do a deal, they don’t want to break ranks and they don’t want to be a target. Hence the ancient Vulcan proverb: only Nixon could go to China and only Google could buy YouTube.

The infringing uses of these services get the most attention, but the legitimate marketing uses are the most interesting. Now a band can easily self publish videos and music and even sell media without worrying about bandwidth bills and fans can easily help promote them too. Any unsigned band would be stupid not to take advantage of “new marketing”, and smaller bands that have signed away marketing responsibilities are probably kicking themselves.

So the legal eagles know all about muxtape now and the execs are now going to negotiate for their pound of flesh.

Anyone want to place bets on what comes first? A lawsuit? Or a Deal?

Apparently such an app exists, but it’s a script: http://userscripts.org/scripts/show/24382

I have been listening to Muxtapes and having a lot of fun. And most because mixtapes impregnated our minds since childhood and Justin took all possible advantage of that with an amazing simple and iconographical home page.

Totally agree with your points. Let`s see if the black bag man gets tired before he reaches Muxtape`s door.

m

Worrying about piracy or technology too much makes people miss out on all the opportunities, but I guess we are still monkeys deep down: can’t let go of one vine until we’ve got a really firm grasp on the next one.

With my new overbearing Seth Godin marketing worldview (you know how recent converts are the most zealous) here are a couple of ways that Muxtape totally succeeds:

• When I’m listening to something and I love it, I can take action on that fact. Compare this to driving down the freeway and listening to the radio. The best I can do there is make a mental note. Even the best designed iPhone music store shouldn’t be operated while driving.
• It doesn’t feel like piracy because it uses the “mixtape” format that we all grew up with, that’s totally part of our culture, and is morally acceptable, even if it is illegal.
• Things I listen to are recommended by people I respect. Even though strangers are recommending their muxtapes in the comments here, I still trust them because they “know about muxtape, and that’s totally awesome”. Recommendations are GOLD.

Off point, I am LOVING all the new music I’ve heard from mixes people have posted here.

Special mention:

Kelley’s http://roadsbetweenus.muxtape.com - MGMT - Electric Feel

See what just happened there? You might click on that, and that song might just change your life. :)

If a friend sent me an imeem playlist I’d say cool, but I wouldn’t feel compelled to set up my own and then tell others about it. Of course the music market is filled with a million niches and tons of different audience types, so imeem is probably just what the doctor ordered for some people.

My reaction to Muxtape probably has a lot to do with my recently reading Seth Godin’s book “All Marketers are Liars” which has totally changed the way I understand and experience marketing.