Qtrax recently announced its P2P music service with free preview play and purchase as a single download ($1) or monthly subscription ($10-$15). The Qtrax software uses the Gnutella network and includes a media player that will play Qtrax's proprietary MPQ format, as well as WMA and MP3 files. Unauthorized music will be blocked from being downloaded or shared.

Is it a good deal for consumers? I don't think so. Like other such services, it's positioned as a web service. But it's not a web service. EMI may force Qtrax to package and price it that way. But consumers won't be fooled.

Here's my scorecard. I break it up into three areas - Consumer value, P2P features, and Legal.

CONSUMER VALUE

Good
> Music can be purchased.
> Music can be previewed

Bad
> Limited selection. The catalog is limited to EMI music.
> You buy it (single download) but don't own it. Music is in restricted DRM format.
> Adware/nagware. Music cannot be freely previewed. Qtrax will display ads and purchase prompts.
> Uses proprietary MPQ files not playable on other players, such as iPods.
> Single download music pricing is not competitive. Pricing is web retail. It provides no allowance for the user contributing his resources or incentive to use Qtrax as opposed to buying direct over the web.
> Subscription music pricing is not competitive. Pricing is web retail. It makes no allowance for the user contributing his resources or for the limited catalog, or incentive to use Qtrax as opposed to buying direct over the web.

P2P FEATURES. This section lists items that vary compared to the typical consumer P2P experience.

Good
> None

Bad
> Music filtering typically results in a significantly poorer customer experience in program download and performance.
> Music filtering is imperfect and incomplete. Partial filtering of unauthorized content with no indemnification has no consumer benefits and provides a misleading sense of protection.

LEGAL*. This section judges the legal representation of the software and service.

Neutral
> Qtrax does not promote or misrepresent the legal use of its service.

* There is no "legal" P2P. When a consumer purchases a digital song, he is only granted a license that authorizes certain uses. P2P software may interact in different ways with the digital file.
> Some uses may be prevented (like playing a DRM file on a non-qualified player).
> Some uses may be possible but unauthorized (sharing the file).
> Some uses may be unlikely but still possible (Blocks and filters are far from perfect).

P2P use may be allowed and even encouraged, depending on the copyright, source (authorized server or another user), file format (protected or trial files), P2P use (downloading vs. sharing), P2P network (sharing with other authorized users), and software configuration (open vs. private file sharing and networks).

Authorized use applies only to the licensed file, not to similar files or versions that may be otherwise obtained (ripped, copied, or downloaded) or any other files.

P2P software can be used many different ways with many types and versions of files. Thus there is no legal P2P software. The only thing that can be judged is whether a specific use of a specific file is authorized.

Claims about legal software or use should be carefully reviewed with regard to accuracy, validity, and indemnification for who is covered, for what uses, and for what files,