At this point Jobs could have decided simply to indulge piracy. Free music meant more valuable iPods. Yet because he really liked music, and the artists who made it, he was opposed to what he saw as the theft of creative products. As he later told me:
From the earliest days at Apple, I realized that we thrived when we created intellectual property. If people copied or stole our software, we’d be out of business. If it weren’t protected, there’d be no incentive for us to make new software or product designs. If protection of intellectual property begins to disappear, creative companies will disappear or never get started. But there’s a simpler reason: It’s wrong to steal. It hurts other people. And it hurts your own character.
He knew, however, that the best way to stop piracy—in fact the only way—was to offer an alternative that was more attractive than the brain-dead services that music companies were concocting. “We believe that 80% of the people stealing stuff don’t want to be, there’s just no legal alternative,” he told Andy Langer of Esquire. “So we said, ‘Let’s create a legal alternative to this.’ Everybody wins. Music companies win. The artists win. Apple wins. And the user wins, because he gets a better service and doesn’t have to be a thief.”
So Jobs set out to create an “iTunes Store” and to persuade the five top record companies to allow digital versions of their songs to be sold there. “I’ve never spent so much of my time trying to convince people to do the right thing for themselves,” he recalled. Because the companies were worried about the pricing model and unbundling of albums, Jobs pitched that his new service would be only on the Macintosh, a mere 5% of the market. They could try the idea with little risk. “We used our small market share to our advantage by arguing that if the store turned out to be destructive it wouldn’t destroy the entire universe,” he recalled.
Jobs’s proposal was to sell digital songs for 99 cents—a simple and impulsive purchase. The record companies would get 70 cents of that. Jobs insisted that this would be more appealing than the monthly subscription model preferred by the music companies. He believed that people had an emotional connection to the songs they loved. They wanted to own “Sympathy for the Devil” and “Shelter from the Storm,” not just rent them. As he told Jeff Goodell of Rolling Stone at the time, “I think you could make available the Second Coming in a subscription model and it might not be successful.”
Jobs also insisted that the iTunes Store would sell individual songs, not just entire albums. That ended up being the biggest cause of conflict with the record companies, which made money by putting out albums that had two or three great songs and a dozen or so fillers; to get the song they wanted, consumers had to buy the whole album. Some musicians objected on artistic grounds to Jobs’s plan to disaggregate albums. “There’s a flow to a good album,” said Trent Reznor of Nine Inch Nails. “The songs support each other. That’s the way I like to make music.” But the objections were moot. “Piracy and online downloads had already deconstructed the album,” recalled Jobs. “You couldn’t compete with piracy unless you sold the songs individually.”
At the heart of the problem was a chasm between the people who loved technology and those who loved artistry. Jobs loved both, as he had demonstrated at Pixar and Apple, and he was thus positioned to bridge the gap. He later explained:
When I went to Pixar, I became aware of a great divide. Tech companies don’t understand creativity. They don’t appreciate
intuitive
thinking, like the ability of an A&R guy at a music label to listen to a hundred artists and have a feel for which five might be successful. And they think that creative people just sit around on couches all day and are undisciplined, because they’ve not seen how driven and disciplined the creative folks at places like Pixar are. On the other hand, music companies are completely clueless about technology. They think they can just go out and hire a few tech folks. But that would be like Apple trying to hire people to produce music. We’d get second-rate A&R people, just like the music companies ended up with second-rate tech people. I’m one of the few people who understands how producing technology requires intuition and creativity, and how producing something artistic takes real discipline.
Jobs had a long relationship with Barry Schuler, the CEO of the AOL unit of Time Warner, and began to pick his brain about how to get the music labels into the proposed iTunes Store. “Piracy is flipping everyone’s circuit breakers,” Schuler told him. “You should use the argument that because you have an integrated end-to-end service, from iPods to the store, you can best protect how the music is used.”
One day in March 2002, Schuler got a call from Jobs and decided to conference-in Vidich. Jobs asked Vidich if he would come to Cupertino and bring the head of Warner Music, Roger Ames. This time Jobs was charming. Ames was a sardonic, fun, and clever Brit, a type (such as James Vincent and Jony Ive) that Jobs tended to like. So the Good Steve was on display. At one point early in the meeting, Jobs even played the unusual role of diplomat. Ames and Eddy Cue, who ran iTunes for Apple, got into an argument over why radio in England was not as vibrant as in the United States, and Jobs stepped in, saying, “We know about tech, but we don’t know as much about music, so let’s not argue.”
Ames had just lost a boardroom battle to have his corporation’s AOL division improve its own fledgling music download service. “When I did a digital download using AOL, I could never find the song on my shitty computer,” he recalled. So when Jobs demonstrated a prototype of the iTunes Store, Ames was impressed. “Yes, yes, that’s exactly what we’ve been waiting for,” he said. He agreed that Warner Music would sign up, and he offered to help enlist other music companies.
Jobs flew east to show the service to other Time Warner execs. “He sat in front of a Mac like a kid with a toy,” Vidich recalled. “Unlike any other CEO, he was totally engaged with the product.” Ames and Jobs began to hammer out the details of the iTunes Store, including the number of times a track could be put on different devices and how the copy-protection system would work. They soon were in agreement and set out to corral other music labels.
Herding Cats
The key player to enlist was Doug Morris, head of the Universal Music Group. His domain included must-have artists such as U2, Eminem, and Mariah Carey, as well as powerful labels such as Motown and Interscope-Geffen-A&M. Morris was eager to talk. More than any other mogul, he was upset about piracy and fed up with the caliber of the technology people at the music companies. “It was like the Wild West,” Morris recalled. “No one was selling digital music, and it was awash with piracy. Everything we tried at the record companies was a failure. The difference in skill sets between the music folks and technologists is just huge.”