Pre-Order Thread

Half the forum members are lawyers so I bet we could find someone to provide insight. If nothing else, you can summon @Mathew Chupacabra J.D. though I think his specialty is Canadian cryptozoological law.
The entire issue with any false advertising or product claims is solely damages.

You can be found guilty, but then the case revolves around who was hurt by it and what damages are necessary to remedy.

It is very doubtful that any court would extend that to secondary and tertiary markets. If you bought the product to use as intended, it is hard to see any damages by later pressing more than the advertised limit.

If you bought as an investment or to profit from at a later date, that hardly constitutes primary use.

If one were to claim that their enjoyment has been diminished by the false claim, most courts would probably refer to the health care system.
 
If we’re all completely honest about it... the whole argument is selfish.

Limited is limited = mine is worth more
Press always = I want it in my preferred format

With a vast majority of music, you can listen regardless of format and scarcity.

I see the first as much more selfish, invidious almost, I don’t see the second as being selfish at all. That might just be me 🤷🏻‍♂️
 
If we’re all completely honest about it... the whole argument is selfish.

Limited is limited = mine is worth more
Press always = I want it in my preferred format

With a vast majority of music, you can listen regardless of format and scarcity.

This is also true. As much as I think music should be available for everyone and thats why I say keep repressing, the unavailability on Vinyl doesnt mean its not available at all (or at least its very rare)
 
I see the first as much more selfish, invidious almost, I don’t see the second as being selfish at all. That might just be me 🤷🏻‍♂️
I agree and to expand on why I feel that way about the second, precisely because I want out of print or insanely limited/priced albums to be repressed and affordable for myself, I feel equally strongly that I wish albums that I already have in my possession be made available again for those who missed out. Otherwise I think I would be a hypocrite.

So I guess the question of selfishness has a lot more nuance based on which emotion is stronger, my desire for a repress so I can have it vs my desire for a repress so others can have it.
 
I see the first as much more selfish, invidious almost, I don’t see the second as being selfish at all. That might just be me 🤷🏻‍♂️

yep. I prefer spinning a record and as an album listener its part of the experience (and is supporting an artist more than streaming).
This whole repressing argument is to me is fury that your copy is now going to be 1/6000 instead of 1/3000 which shouldnt matter at all if you buy for the music
 
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In these cases, there should be a first limited press with something special (thicker sleeve, 180g, numbered, an additional artwork, an OBi, etc...). Once these are gone, repress the album with standard vinyl, standard sleeve, no OBI (or different), unnumbered, no add-ons. Your most loyal customers will have a special release, the others will still have access to the music.
 
In these cases, there should be a first limited press with something special (thicker sleeve, 180g, numbered, an additional artwork, an OBi, etc...). Once these are gone, repress the album with standard vinyl, standard sleeve, no OBI (or different), unnumbered, no add-ons. Your most loyal customers will have a special release, the others will still have access to the music.
I'd go even farther and say flip the model. Charge a premium for those "first limited" presses, so that the average person will be less inclined to buy it just because it may go up in value. This would make it more likely those who want and are willing to pay for the limited run will be able to get it, reduce flipping opportunities (both because the cost of "initial investment" goes up and because of the general availability of the album through subsequent pressings), and eliminates concerns for the general consumer that they won't be able to have the vinyl if they want it. (Unfortunately, everything about MMJ's approach to SRX vinyl and consumers' reaction to this model screams WRONG in response to what I've just posted.) :unsure:
 
I'd go even farther and say flip the model. Charge a premium for those "first limited" presses, so that the average person will be less inclined to buy it just because it may go up in value. This would make it more likely those who want and are willing to pay for the limited run will be able to get it, reduce flipping opportunities (both because the cost of "initial investment" goes up and because of the general availability of the album through subsequent pressings), and eliminates concerns for the general consumer that they won't be able to have the vinyl if they want it. (Unfortunately, everything about MMJ's approach to SRX vinyl and consumers' reaction to this model screams WRONG in response to what I've just posted.) :unsure:

What you're saying is exactly what is happening in the vinyl industry. Some people don't mind to pay 3 or 4 times (or more) the retail price to have a limited edition or a colored variant of a record. VMP and others understood that and increased their prices mostly because of it. Why wouldn't they make more money selling at a higher price?
 
What you're saying is exactly what is happening in the vinyl industry. Some people don't mind to pay 3 or 4 times (or more) the retail price to have a limited edition or a colored variant of a record. VMP and others understood that and increased their prices mostly because of it. Why wouldn't they make more money selling at a higher price?
Good point, which introduces the fact it's more than just the artist/record company that's involved in all of this. Once there are outside outfits offering "their own" (with consent of said artist/record company, of course) versions, it gets messy, and more unpredictable. I really like what Taylor Swift did with Folklore. Multiple variants, all VERY reasonably priced, available for a week with seemingly limitless numbers, and full understanding that when they were no longer available, there would remain a basic version in print. There are going to be many thousands of every variant out there once they ship, but even so, there was some squawking about the cover-art selection for the Target exclusive (though imagine if heretofore unseen cover art had been used?!). I know it would be difficult for the industry to base its model on what works for a superstar like Taylor Swift, but kudos to her for trying to keep it real. (Not to mention what she's done with making signed CDs available.)
 
Good point, which introduces the fact it's more than just the artist/record company that's involved in all of this. Once there are outside outfits offering "their own" (with consent of said artist/record company, of course) versions, it gets messy, and more unpredictable. I really like what Taylor Swift did with Folklore. Multiple variants, all VERY reasonably priced, available for a week with seemingly limitless numbers, and full understanding that when they were no longer available, there would remain a basic version in print. There are going to be many thousands of every variant out there once they ship, but even so, there was some squawking about the cover-art selection for the Target exclusive (though imagine if heretofore unseen cover art had been used?!). I know it would be difficult for the industry to base its model on what works for a superstar like Taylor Swift, but kudos to her for trying to keep it real. (Not to mention what she's done with making signed CDs available.)

IMO this move was good for her but bad for record stores. A handful of signed CD sent for free to a few record shops won't compense the lost of not having a limited edition of her album in stores. Plus, I might be wrong, but the only other limited variant is the one available at Target, right?
 
I know the one thing this conversation needs is yet another person’s take, so here goes, haha:

1. When VMP announced the represses of the Archie Shepp and Alice Coltrane classics releases, I (and probably some others) asked Storf in the old forum specifically about whether JLH would EVER get repressed, and he repeatedly said no, and that we should have bought it when it was available. I asked this since JLH was from that same timeframe for the Classics track and had been sold out for a while - it would have made sense for them to repress JLH then, too, if they were ever going to do it.

2. Given that response, the only option for me to pick up the album WAS the secondary market. It’s not like I decided on my own, “oh wow, flippers are fun, I’m so excited to pay a bunch of money for this record to some random person on the internet!” But I don’t regret it, either. I just wanted to own a copy of the record and had no other options. It’s not like I had some kind of moral or mental failing because I wanted to own a record that was no longer available and had no indications that it would be available in the future.

3. If Storf had said something along the lines of, “well maybe eventually - I’m sure it we’ll repress it at some point in the next few years but can’t say when” I probably would have waited and saved my money.

4. I bought JLH off a Discogs seller for more than the amount VMP is currently selling it for (not quite double, but close).

5. Because of what Storf said, VMP won’t be getting one cent of what I paid for JLH, and they don’t deserve to.

6. I don’t think it makes sense to complain about flippers and FOMO culture as something separate and distinct from the entities that actually decide what the pressing quantities will be and have complete control over how their records are marketed to the public and what information they share about the likelihood of a repress (i.e. VMP). Flippers and FOMO culture do not (and cannot) manufacture scarcity - even extreme examples like Vinceron wouldn’t be able to do what they do if VMP didn’t create FOMO for them by hyping releases as limited and exclusive.

7. I don’t think that the person I bought my record from is even really a flipper. The record had been opened and played. Yeah, they charged me a bunch for it, but it was the best available price at the time. I was happy to have the chance to buy the record at all, and if the seller had charged less than that amount, someone else may have scooped it up.

8. I’m very happy for people who now have the chance to own this record, because it’s fantastic and deserves to be enjoyed by as wide an audience as possible. I couldn’t care less about whatever the market value is for a record that I have no intention of selling, and I don’t mind that I paid an extra $30 or so to get this record a year ago.

9. I’ve never sold a record, and if I ever do, it will be just to create space in my Kallax and try to find a good home for the record in someone else’s collection (rather than just throwing it away).

10. Honestly, though, if I decided I didn’t want, for example, the De La Soul ROTM in the future, I’d list it on Discogs at or slightly below the lowest price that it was currently listed for in comparable condition, regardless of how much more that would be than what I originally paid for it, because that’s fair to the buyers who are looking for a copy. If someone wants to pay $100 for a record, it seems more fair that they should get more of a chance to get the record for that price than to list it for $27 and have it go to someone else who happened to see the listing first (and who might just as easily turn around and list it for $100 anyway). Ultimately, I don’t think it makes sense to try to impose ethical judgements on people or even businesses for selling things at prices that people are willing to pay if they’re not in a position to make more of that product available, even though it’s annoying and frustrating that there are people out there who are willing to pay more than I am for certain rare albums that I want. I can live with knowing that someone paid $200 or more to get a copy of Cut Copy’s In Ghost Colours on vinyl because that’s more than I want to pay. But I’d be annoyed if someone listed a decent condition copy of it for $30-40 and it sold immediately before I saw the listing because I’m willing to pay $75 for it - not because I think that’s a wonderful price, but because it’s really hard to find a copy for less than $200 right now, because it hasn’t been reissued in 7 years. So, in that environment that the record companies created, I’m willing to pay up to $75 for it and I don’t think anyone should feel guilty selling it to me at that price. It’s not nearly as bad as VMP manufacturing the scarcity, deliberately creating the FOMO, and now also raising their prices so dramatically to try to cash in on it.
 
Just catching up on this thread and there have been some fantastic points raised.

I'm personally in the category that would be happy to see 'limited' runs abolished. I cant imagine musicians ever make music and think "im going to purposely limit the number of people that can listen to this". Plus, nothing is ever truly limited anyway, there will always be a slight change they can make (colour, packaging, weight, track listing, etc) as an excuse to press the next 'limited' batch.

I HATE saying I 'collect' vinyl. I buy music I want to hear and it just happens that I prefer the vinyl format. 'Collector' gives the impression that you buy stuff for its monetary value or irrespective of the music. I will happily pay £50+ for a decent OG Blue Note because it sounds fantastic and has the historical significance, but if there was an abundance of them it would drive the price down so OF COURSE I would prefer to pay less.

BUT as a counter argument one of the reasons I agree to pay the price for some records is because of the limitedness (which is, of course why they do it). I recently had a situation where I begrudingly paid a high price for a record which was my favourite track by the artist and limited to just 50 copies, with the promise of no repress. If it was an unlimited pressing I would not have paid that amount, but the fact that this would be my only chance swayed me. Months later and I see a second wave on this musicians website and that the run was bumped up to 500 copies. So yeah, that really annoyed me as its clearly false advertisment used to sway suckers like me. In this case I imagine the demand was there and they wanted to cash in on it, but by doing so they broke the terms of the original sale.
 
Just catching up on this thread and there have been some fantastic points raised.

I'm personally in the category that would be happy to see 'limited' runs abolished. I cant imagine musicians ever make music and think "im going to purposely limit the number of people that can listen to this". Plus, nothing is ever truly limited anyway, there will always be a slight change they can make (colour, packaging, weight, track listing, etc) as an excuse to press the next 'limited' batch.

I HATE saying I 'collect' vinyl. I buy music I want to hear and it just happens that I prefer the vinyl format. 'Collector' gives the impression that you buy stuff for its monetary value or irrespective of the music. I will happily pay £50+ for a decent OG Blue Note because it sounds fantastic and has the historical significance, but if there was an abundance of them it would drive the price down so OF COURSE I would prefer to pay less.

BUT as a counter argument one of the reasons I agree to pay the price for some records is because of the limitedness (which is, of course why they do it). I recently had a situation where I begrudingly paid a high price for a record which was my favourite track by the artist and limited to just 50 copies, with the promise of no repress. If it was an unlimited pressing I would not have paid that amount, but the fact that this would be my only chance swayed me. Months later and I see a second wave on this musicians website and that the run was bumped up to 500 copies. So yeah, that really annoyed me as its clearly false advertisment used to sway suckers like me. In this case I imagine the demand was there and they wanted to cash in on it, but by doing so they broke the terms of the original sale.

I agree, saying I collect vinyl or CDs or whatever makes me feel the same way. I’m also nowhere near pretentious enough to say that I curate either 😂. I like to say I collect music!
 
I know the one thing this conversation needs is yet another person’s take, so here goes, haha:


7. I don’t think that the person I bought my record from is even really a flipper. The record had been opened and played. Yeah, they charged me a bunch for it, but it was the best available price at the time. I was happy to have the chance to buy the record at all, and if the seller had charged less than that amount, someone else may have scooped it up.
You raised a ton of great points here (great read!) and this one stood out to me. We all compalin about flippers and the price of some records on the secondary market I cant imagine anyone could raise a point which would sway my opinions to make me think that buying a limited record to then purposely sell on for more money is a cool thing to do.

However, at the same time if im going through my collection to sell off some bits I dont ever look at how much I paid for it to purposely list it for that amount. I go online and see how much it has recently sold for, then list at that price. Maybe that makes me part of the problem, but I dont think this is something that is ever going to change. This is why its so important for companies to be honest when it comes to future pressings (something which you rightly flag as VMP not doing). I have been in the same position as you, factoring in the 'fact' of never being able to buy a future repress only to have a repress appear months later. The company that made the original false claim is fully culpable for that deception in my opinion.
 
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