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Apple Uses DMCA to Halt DVD burning
VValdo writes "According to news.com, Apple has warned one of its own dealers to stop handing out a patch to allow DVD burning with iDVD on non-Apple hardware." Mmmmm, laws.
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How's this any different from Microsoft saying "If you throw away your PC and buy a new one, you can't use the software on that box?"
A - Microsoft doesn't manufacture PCs
B - Microsoft doesn't freely distibute Windows on a PC that they have sold
It's all in the license agreement. iDVD was made and given away for consumers that bought the SuperDrive. It is not Apple's responsibilty to ensure that every DVD burner has software to run it.
Apple does supply software that can use 3rd party burners as a seperate purchase: DVD Studio Pro.
sin(6cos(r)+5A)
I'm sure that's Apple's intention, yes.
Agreed. How eager do you think Apple is to support the sale of their competitor's products?
I'm not disputing that. You're absolutely right, looked at from the right angle, iDVD isn't free - it's included for use with purchased and profit producing Apple DVD hardware.
Ah, but that's where you're wrong. They *are* entitled to make a profit on it if they wrote it to support only their hardware. For what it's worth, they ARE selling it for a profit. By making it compatible only with Apple DVD drives, they're guaranteed that they sell DVD drives for it's use. If you crack the software, you've circumvented that protection and deprived Apple of revenue. To counter the arguments I can already feel coming about "If it didn't support non-Apple drives, I'd never use it, so they're not losing revenue" this is akin to "It's ok to sneak into the movies if I wouldn't have paid for the ticket in the first place." The argument just doesn't hold water, sorry.
Presumably, their business model does allow them to make a profit, assuming that people don't illegally modify their code.
-- "Other than that, how was the play Mrs. Lincoln?"
iDVD is an application that comes bundled with apple SuperDrives. It is not freely available (update patches are, but the actual application is not).
Wether or not you think apple should open it up to work with other DVD burners is irrelevant. Apple worte the software, bundled it with thier DVD burners, and sold it.
The only people who would have access to iDVD besides the people who bought a superdrive are the people who pirated it or people who used to have a superdrive, but now use another burner.
Apple put into the license agreement that you can only use the software on apple approved (read superdrive) dvd burners. Any other usage of the software is against the license agreement.
Everyone here cries foul when someone violates the GPL, and no one chastises the author of the software for it (recent xvid fiasco) but if it's another license, whoooo boy, watch out. the hypocricy comes out to play!
Let's say I buy a Mac with SuperDrive and it comes with a copy of iDVD on CD-ROM. Let's say further that I want the high horsepower of DVD Studio Pro rather than the adequate-but-underpowered iDVD.
I have every right under the doctrine of first sale to sell my CD-ROM of iDVD to anyone who wants it, just as I have the right to sell that goofy one-button mouse that I'll be replacing with a multibutton wireless model.
"Oh, but that's a violation of the license!" Judge Pregerson put it best in his Softman _v_ Adobe ruling: "The Court understands fully why licensing has many advantages for software publishers. However, this preference does not alter the Court's analysis that the substance of the transaction at issue here is a sale and not a license."
Those of you who argue that it is impossible to get a copy of iDVD without buying a SuperDrive-loaded Mac are incorrect. Buy my copy. Those of you who argue that Apple has the right to control how their product is used once they have sold it are incorrect. Those of you who argue that the restriction placed on iDVD use is in any way covered by the DMCA are incorrect.
None of that changes the fact that the company with more money can and will crush the company with less money -- or that the company with less money will fold instantly if its business model requires staying on good terms with the company with more money, which is the case in this particular instance.
It's all a stinking, festering shitpile.
Learn to spell: nickel, missile, lose, solely, amendment, speech, kernel, probably, ridiculous, deity, hierarchy, versus
Apple's license agreement says that you are not to modify or patch iDVD or distribute any modified binary. Perhaps using the four-letter word in the cease-and-desist was a bit of overkill, but it doesn't change the fact that what they did was a violation of the iDVD license.
You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
-- Colonel Adolphus Busch
Before you all get too worked up over this, please read this:
http://biz.yahoo.com/bw/020812/120170_1.html
This happened back on August 12th (a tad old to be "news"). Other World Computing's story back then was that Apple *requested* that they drop their software and support (because it violates the iDVD license).
There was *no* mention of the DMCA, and no need to invoke it as Apple's iDVD license is quite clear.
Note that the reference to the DMCA in the article is purely the quote of Other World Computing's president. There is no quote from any document they received from Apple.
Note too that this is the same silly news site that manufactured the "Apple + Sun = true love and Star Office for OS X" story.
Lacking any actual proof, beyond someone's say-so who has an axe to grind, reported on a flaky news site, I'm going to presume that Apple is innocent here.
After all, who would you believe, a company that has taken the RIAA to task over their anti-piracy excesses, or one who tried to capitalize on someone else's hard work in order to compete with them?
I am breaking with tradition, and ending with a quote not from Mothra, but from her friend, Steve Jobs:
"Apple strives to protect the rights of both intellectual property owners and consumers alike and believes there is a 'middle path' in digital music distribution which actively discourages the theft of music, while at the same time preserving consumers rights to manage and listen to their legally acquired music on whatever devices they own,"
Steve Jobs, 2002 Grammy Awards, as reported on http://sg.news.yahoo.com/020227/1/2jun2.html.
With the very sketchy information available, it looks like Apple's actual objection may be conventional (pre-DMCA-style) copyright infringement, where copies of their software (or a derivative work of their software) is being redistributed by Apple dealers. If that is the case, then DMCA is probably relevant only because of the notification mechanism that it created.
DMCA was a pretty big law that covers a lot of topics, and some parts of it are worse than others. The anti-circumvention part is the really goofy part, and shouldn't be confused with the other more reasonable parts.
The notification part of DMCA may be a little iffy because of the guilty-until-proven-innocent abuse that it allows, but the basic idea and motivation behind it was sound and justifiable. (Unlike the anti-circumvention part, which is pure evil created with evil intent.) And then there's other parts that I've never even read, like the stuff about boat hull designs (?!), so I can't say if they're sensible or not. Journalists that are going to report about DMCA-related incidents, need to read up on it, so they don't misreport on it.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
I'm a PC user. I once owned an Apple ][c back in the day (loved it and even upgraded it to 1 Meg of RAM), but when I first tried the Mac (the original Mac) I hated the keyboard so much that I walked away and never went back.
But I do know why Apple is doing what they are doing. It's really simple, when you consider their hardware provider philosophy. Apples are marketed as being very easy to use, and being very reliable. They don't crash (or so they say). One of the principal reasons why the Microsoft OS's are much more crash-happy then Apple's OS's is because Apple doesn't attempt to make their OS compatable with every piece of hardware under the sun. They don't want third-party DVD burners because some of them won't work, and people with Apples will start complaining about how their systems are crashing.
I think that Apple is much more concerned with potential hardware compatibility issues than anything else, in order to protect the "sanctity" of their OS reliability.
What does this do? It drives out the upgraders. But Apple isn't marketing to the upgraders. They are selling new machines, not an OS like Microsoft does. They see little profit in attempting to reconcile old hardware with a new OS. And yes, while I know the hardware in this case (external DVD burners) is new, the system hardware is likely to be not new, and the DVD burners have not been waved over by Apple engineers.
This, by the way, is not evil. When I bought my Dell Dimension 8100 two years ago, Dell promised me an upgrade to XP for $20. I had to wait an additional six months or so after XP came out to get the upgrade, because Dell put a considerable amount of effort into patching the bios, etc. and updating their software package to ensure that upgrading XP wouldn't fsck my computer. As a result, I have a very reliable computer running XP, which is much more reliable than my HP notebook that came with XP preinstalled. I normally keep the machine on ALL of the time. Most of the time I reboot only because Microsoft Update tells me to (^_^).
Dell's acts here had a similar motiviation as Apple's (protect system reliability). As a user, I certainly preferred Dell's open-system approach, but Apple's closed-system approach is a viable model. If you don't like it, don't buy Apple. It's that simple.
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>> you did not PURCHASE your copy of iDVD. It came bundled with the computer
... I can't turn around and sell Adaptec Easy CD Creator because I never purchased it.
The price for the software license came "bundled" into the total purchase price as well, there's no distinction that any reasonably sane person can determine here. I exchanged a sum of money for a drive, some software, cables, a manual, some styrofoam moulding and a cardboard box, and a portion of the sale value went to the manufacturers of every one of those items.
>> Invoking first sale for a piece of software that comes with your hardware is ludicrous
Keep your laws off my wallet. It's clear that you're out of your damn mind.
>> If I purchase a CD-R with Adaptec Easy CD Creator
Sure you did, and sure you can. You don't think adaptec collected a "license fee" from you on that transaction ? Stop speaking nonsense.
>> what price would YOU set for the standalone iDVD?
Whatever you wanted. We don't have a state-controlled economy yet. You could sell it for $2000 or offer to trade it for a sack of magic beans and a 1997 low-mileage subaru station wagon if you wanted to, and I could dicker you down to $1845 and a case of oriental-flavored ramen. The transaction would be perfectly legal in all cases.
>> Apple also wishes to ensure some quality of the user experience
Apple's wishes have no bearing on how I use things that I've legally purchased. If they don't want me doing things they might not have anticipated with their hard/software, or even things they explicitly disapprove of, then they'd better withdraw their products from the market.
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