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BusinessWeek on Opening Apple's iTunes DRM

hype7 writes "BusinessWeek is running a very interesting story on Apple's foray into music, with a different bent to everyone else's. BW suggests that, instead of opening the iPod up to the world, Apple should instead license its DRM - 'Fairplay' - to anyone who wants to start up a music store. The upside is obvious: it would mean that Apple's music format, AAC, would become ubiquitous; Apple could quite feasibly make money on licensing fees (say 1 cent per song sold); and, it would just happen to stick it to Microsoft and the Windows Media Format. As the iTunes Music Store isn't running at a profit (or forecast to make a big one), having the Music Store clones eat into Apple's existing market share wouldn't be a problem; all these stores would be doing is building a bigger potential market for the iPod."

99 of 489 comments (clear)

  1. AAC by daeley · · Score: 5, Informative

    For the nth time, AAC is not "Apple's DRM technology." It is part of the MPEG-4 specifications. More info here.. To quote:

    AAC was developed by the MPEG group that includes Dolby, Fraunhofer (FhG), AT&T, Sony, and Nokia--companies that have also been involved in the development of audio codecs such as MP3 and AC3 (also known as Dolby Digital). The AAC codec in QuickTime 6 builds upon new, state-of-the art signal processing technology from Dolby Laboratories and brings true variable bit rate (VBR) audio encoding to QuickTime.

    --
    I watched C-beams glitter in the dark near the Tannhauser gate.
    1. Re:AAC by Squashee · · Score: 2, Insightful

      True, but they are probably referring to the DRM technology in QuickTime, not AAC itself. That one Apple probably could License.

      --
      When in doubt, act determined. Business 101
    2. Re:AAC by LostCluster · · Score: 5, Insightful

      Apple's DRM technology is FairPlay, and the files they offer for download on iTunes Music Store are AAC files wrapped in the FairPlay encoding.

    3. Re:AAC by barryblack · · Score: 2, Redundant

      You are correct. Apple raps AAC with a DRM technology called fair play. Fair play is what should be opened up to other stores/devices.

      --
      --------------------------------------
      in a world without bounderies or fences, who needs Gates anyway?
    4. Re:AAC by worm+eater · · Score: 3, Insightful

      True, but I think the point is that AAC is the technology that Apple has adopted, and the DRM they use with it is their DRM technology. So the point stands, that if they license their DRM layer, they stand to get at least as much out of it as they are getting out of the HP iPod rebranding deal.

      However, does anyone else think it might be too late in the game for this? Why weren't they licensing their DRM tech to Wal-Mart, Coca-Cola, etc?

      --
      Maybe partying will help...
    5. Re:AAC by Frymaster · · Score: 2, Interesting
      That one Apple probably could License.

      for the one millionth time: apple is a hardware company.

      remember when apple tried license the os to clone makers back in 96 or so? total disaster. that's because gil amelio forgot the basic tenet of the apple business model:

      "software is written to drive hardware sales".

      the mac os exists to sell mac computers. itunes and fairplay and itms and all that exists to drive ipod sales. period.

    6. Re:AAC by the+argonaut · · Score: 4, Interesting

      And for the one billionth time, things change. Even Apple. The best point of the article is that the iPod is cool now, but how long will it stay that way? And how long will Apple be able to maintain the premium to buy in?

      I'm not generally a fan of Salkever, but I think he makes a pretty good point. The only thing that I would add is that Apple should re-negotiate their contracts with the labels and get themselves a better deal, so that iTMS could actually generate some profits for them. Right now, they're the Walmart (**shudder**) of the music download world, they should flex some muscle as the market leader to get a lower wholesale price. And if they really wanted to change the world and actually support the music creators, their contract would include a better cut for the performers and writers (I would think a 40% Apple, 25% label, 20% performer, 15% writer/composer cut would be about right).

      --
      fuck you.
    7. Re:AAC by JPriest · · Score: 2, Insightful

      Because if you create your own DRM technology it won't play on iPod?

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    8. Re:AAC by soft_guy · · Score: 2, Insightful

      Thier going to "flex their muscle"? Give me a break. The percentage of music sold online vs. CDs is tiny. Apple has maybe 60% marketshare in a very immature market. There's not enough muscle there.

      Also, I think your split of the proceeds is fantasy land. Currently the split is more like 90% label, 8% Apple (to partially cover costs), 1% performer, 1%writier. Apple isn't going to help the writers and performers out.

      If they can hang on and be the market leader 3-5 years from now, then they will have enough muscle to start making money.

      --
      Avoid Missing Ball for High Score
  2. While... by zeruch · · Score: 2, Interesting

    ...that is a novel (and arguably appealling) tact for Apple to take, it certainly would not be true to their typical behavior (at least not while Steve Jobs is at the helm). Apple likes the 'go it alone' route, regardless of any benefits to other routes.

    And of course, one has to wonder if 'ubiquity' would actually happen regardless...

    1. Re:While... by Anonymous Coward · · Score: 5, Interesting

      Apple likes the 'go it alone' route, regardless of any benefits to other routes.

      Which is why Apple has licensed the iPod to HP.
      Which is why iTunes is also Windows software.
      Which is why the iPod OS is designed and maintained by somebody other than Apple. Which is why USB, Firewire and other technologies are shared across the broad spectrum of platforms. yeah Apple goes it alone with such things as ATA, PCI

      Apple goes it alone on these things:
      Design (beautiful things work better see Donald Norman)
      Usability (because if it's not brain dead simple I'll have to think about how to do stuff instead of just doing it.
      Focus (whether in Digital lifestyle stuff like iTunes and iMovie or whether in bio-informatics, Apples hardware and software are tailored to getting things DONE)
      Lifestyle (like the wearable computing fashion indicates, computers and devices are becoming embedded in our lives to such an extent that choosing these tools is a real factor in fashioning out lives)

      And why Dell, Roxio, M$, and the others only sit and snipe.

    2. Re:While... by grendelkhan · · Score: 2, Interesting

      This sounds like the clones argument all over again. Agreed, while Steve Jobs is at the helm it will never happen.

      --
      Wu-Tang Name: Half-Cut Skeleton Get your own Wu-Na
    3. Re:While... by Anonymous Coward · · Score: 4, Funny

      Apple make way too expensive computers that usually are more hype than anything else..

      Do you own a powerbook? No? THEN SHUT UP

    4. Re:While... by Sparks23 · · Score: 3, Informative

      All the rest of the comment aside, since I don't feel like getting into an OS jihad -- every OS has its strong and weak points, and will have people who argue against it solely on emotional reasons -- you nonetheless make a mistake which has been made very often lately.

      You ask 'where are open standards when you need them?' The answer is, right where you're pointing. :)

      AAC is /not/ propriety. It stands for 'Advanced Audio Coding,' and is part of the MPEG-4 specification. It is an open standard, with an ISO document and everything; it's basically the successor to MP3, from the MPEG working group. AAC is no more 'associated with Quicktime' simply because Quicktime can play it than MP3 is 'associated with Nullsoft' simply because WinAmp plays MP3. (For that matter, Quicktime plays MP3s, and WinAmp can play AAC.)

      Now, admittedly, the DRM which Apple uses is /not/ an open standard, but it /is/ licensed from somewhere else, part of a suite called Fairplay and Veridisc, which about 5 minutes of poking around on the web informed me could be licensed from Circle Group Internet, Veridisc's parent company. It looks like Fairplay is designed to wrap /any/ digital audio -- be it AAC, Ogg Vorbis, MP3, whatever -- and as if anyone who wants can license it.

      The reason some folks (including me) happen to like Apple is that they've been very supportive of open standards. Their nifty 'Rendezvous' discovery protocol is simply an implementation of the open 'zeroconf' protocol. Their iChat video and audio chat are based all on completely open standards which anyone can implement if they wish (though it does use AIM for the initial negotiation, alas). Etc.

      --
      --Rachel
    5. Re:While... by NeoBeans · · Score: 2, Insightful
      This sounds like the clones argument all over again. Agreed, while Steve Jobs is at the helm it will never happen.

      Well, since Steve has been in charge,Apple has:

      • Allowed the iPod to work with Windows.
      • Ported iTunes to Windows.
      • Jumped into a cozy partnership with HP to allow them to brand iPods. Not clone them, but rebadge them at the very least.

      Of all the things I think are likely to happen, I think opening up the DRM they use on AAC to allow other music stores to come online and sell songs for use with an iPod sounds like a great idea. After all... Apple claims they make money from iPods, not from selling the music. If that's truly the case, what's the harm in letting someone else incur the costs of selling the songs for those wonderfully expensive iPods?

    6. Re:While... by Ohreally_factor · · Score: 2, Interesting

      This was the original rationale for developing and releasing the iPod: to drive computer sales. However, it's pretty safe to say that the success of the iPod has given it it's own reason for being. iPod is now a major profit center for Apple. If this wasn't the case, they wouldn't have created a Windows version (originally released with MusicMatch jukebox software, then with iTunes for Windows).

      True, they still hope consumers will become interested in purchasing a Mac. It's still a wedge strategy (or as Steve Jobs has put it, an Apple Trojan horse).

      --
      It's not offtopic, dumbass. It's orthogonal.
    7. Re:While... by Ohreally_factor · · Score: 3, Informative

      I just wanted to add that Apple did more than implement ZeroConf in Rendevous. They played a major part in developing Zeroconf.

      I've also written to the CEO of Veridisc, Gregory Halpern, with some questions about Fairplay. I'll post to slashdot if I get a reply.

      --
      It's not offtopic, dumbass. It's orthogonal.
  3. AAC is already gaining ground by Motherfucking+Shit · · Score: 4, Interesting
    The upside is obvious: it would mean that Apple's music format, AAC, would become ubiquitous
    I thought that AAC was already well on its way to becoming ubiquitous, without Apple having to license it to every up-and-coming online music retailer?
    --
    "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
  4. Unfortunately, Apple is too bullheaded... by overbyj · · Score: 5, Insightful

    I agree with this article. Adding WMA to the iPod is ludicrous (as is Rob Glaser's plea to add other support....Real.....get real!). However, licensing the DRM to AAC that Apple uses would nothing but grow the iPod marketshare because no one could complain that the iTMS is the only place to buy music for the iPod.

    However,.......based on Steve's stubborness and protectiveness of Apple, I am not going to hold my breath on this one. Having clones to Apple hardware is one thing and I can understand Steve killing that idea but this is so totally different. Steve readily admits that iTMS is not a breadwinner. But Steve is a just a bit too protective still to license FairPlay.

    Here's to hoping.....

    --
    No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
    1. Re:Unfortunately, Apple is too bullheaded... by worm+eater · · Score: 4, Informative

      Having clones to Apple hardware is one thing and I can understand Steve killing that idea but this is so totally different. Steve readily admits that iTMS is not a breadwinner. But Steve is a just a bit too protective still to license FairPlay.

      ...but they already did license the hardware for the iPod to HP. Seems like it would be a lot easier to license out the DRM tech than the precious iPod.

      --
      Maybe partying will help...
    2. Re:Unfortunately, Apple is too bullheaded... by awtbfb · · Score: 4, Informative

      But Steve is a just a bit too protective still to license FairPlay.

      There is precedent for Apple successfully licensing something of this nature: Firewire.

    3. Re:Unfortunately, Apple is too bullheaded... by geekee · · Score: 2, Interesting

      "Adding WMA to the iPod is ludicrous "

      Why? Every music outlet other than iTMS sels WMA. So you're saying it's ludicrous to give customers a choice as to where they can buy songs online for their iPod? Isn't this the same mentality that has condemned people who want to run MacOS to be forced to buy Apple proprietary hardware, with the result that Apple only has a niche market? Apple should learn from their mistakes, or their iPod sales may drop to the market share their Macs currently have, when people figure out there are lower cost alternatives to the iPod, that support songs from every other music download sight on the planet.

      --
      Vote for Pedro
    4. Re:Unfortunately, Apple is too bullheaded... by mbbac · · Score: 2, Informative

      ...or Rendezvous.

      --

      mbbac

    5. Re:Unfortunately, Apple is too bullheaded... by baur · · Score: 4, Interesting

      they pay Apple a license fee

      This is no longer true. There used to be a $0.50 per-port charge for using the name FireWire - which is why you see IEEE 1394 all the time instead. A couple years ago, Apple dropped the fee. Unfortunatly, I think the 1394 name is probably going to stick at this point. (Sony calls it iLink, I think, but its still the same thing.)

    6. Re:Unfortunately, Apple is too bullheaded... by Wesley+Felter · · Score: 2, Informative

      And who invented IEEE 1394? A bunch of Apple engineers.

    7. Re:Unfortunately, Apple is too bullheaded... by Anonymous Coward · · Score: 2, Informative

      It's a standard that was submitted to IEEE, yes... but it is a standard that was submitted by Apple Computer, who invented it.

    8. Re:Unfortunately, Apple is too bullheaded... by Anonymous Coward · · Score: 2, Insightful

      Unfortunatly, I think the 1394 name is probably going to stick at this point.

      Only in the sense that the name "802.11" stuck. AirPort is Apple's trademark for their 802.11 hardware, but because Apple was first to market with that kind of product, the name has almost become generic. Any 802.11 product is commonly referred to as "AirPort," even though it's technically got another name.

      Of course, this process was helped along by the fact that the only other non-numerical name for wireless networking was "WiFi," and that's just ass-minded. "WiFi" harkens back to "HiFi," which is what they originally called FM radio. The name is so old-fashioned that it instantly invokes associations of clunky equipment and lousy reception. Dumb, dumb name.

      "AirPort," on the other hand, is a fantastic name. It's an existing word that everybody knows, but in the context of wireless networking it takes on a new, and completely obvious, meaning. It's brilliant.

      Same thing with FireWire. Nobody calls it "IEEE 1394" any more, and for good reason.

  5. Re: Apple DRM? by One+Louder · · Score: 5, Informative
    Consider yourself corrected - AAC is not proprietary and is part of the MPEG-4 specification. Apple's DRM wrapper for AAC, called "Fairplay", however, *is* proprietary.

    On the other hand, Microsoft's WMA is proprietary no matter how you slice it.

  6. It's all about control: BannedMusic.org by Anonymous Coward · · Score: 5, Interesting

    The only reason iTunes has DRM in the first place is because the major labels insist on it: they like their paying customers to have more restrictions than the folks that are getting it for free, makes sense right?

    Every fumbling attempt the record companies make to control and restrict music blows up in their face. Case in point, the new, bannedmusic.org which is using a BitTorrent installer packaged with a specific torrent to spread music that's run afoul of the current copyright regime. They could have made money licensing this stuff, but now there ain't nothin they can do about it.

    1. Re:It's all about control: BannedMusic.org by Xenographic · · Score: 4, Interesting

      Heh, it could be worse. Almost all other DRM schemes I've heard of are worse than Apple's.

      Then again, I would much prefer no DRM at all, and, ironically, the more draconian the DRM, the more likely people will refuse to use such products, and the more likely it is that we won't have to put up with it at all...

      I may be a tad overly optimistic, but I think we all know that DRM is futile so long as we have full control over our own computers. The problem is in the corrollary of that is that the DRM folks have to control our computers to make their schemes work. I don't find that to be a pleasant thought at all... Effectively unenforceable laws tend to get applied in discriminatory manners, after all... :/

    2. Re:It's all about control: BannedMusic.org by syphax · · Score: 2, Informative

      The only reason iTunes has DRM in the first place is because the major labels insist on it: they like their paying customers to have more restrictions than the folks that are getting it for free, makes sense right?

      I love that logic. I think Apple's DRM is the least odious of what's out there, but it's still too restrictive for me. Adding any arbitrary constraints just seems so... ludicrous in terms of the customer's ability to enjoy the product.

      I stick with Emusic, b/c the price is reasonable (40/month / $10/month -> $0.25 per song), and there are no DRMs (just MP3s of decent quality). Of course, you've never heard of most of the artists (with a few notable exceptions- George Carlin comes to mind), but there's a lot of good stuff there. I don't widely share what I download- why would I bother when it's available at a reasonable price?

      In terms of $, I currently spend much more at Emusic than I do for any other source of music, and am reasonably happy with it.

      --
      Simple Unexpected Concrete Credible Emotional Stories
  7. While this wouldn't hurt by tiktokfx · · Score: 5, Interesting

    The obvious problem is that what incentive is there for someone to open a music store with encrypted songs that are only playable on the iPod?

    Musicians already have ways of submitting their music to the iTMS.

    Any large conglomerate opening a music store online is generally stupid or on the "music store" bandwagon, or both. Apple pretty clearly does it because it's a selling point for iPods, and with their early appearance on the scene, they have a good chance to dominate the market until such time as it does become profitable.

    So what earthly good does licensing FairPlay do for anyone?

  8. RTFA by Ogrez · · Score: 5, Informative

    It doesnt say that AAC is Apples DRM.. it says that Apples DRM is called 'Fairplay' and licensing that to others would increase usage of the AAC FORMAT.

    --


    Fire in the hands of the village idiot is no tool, but a weapon of mass destruction
    1. Re:RTFA by cOle2 · · Score: 5, Informative

      FairPlay is actually owned by Veridisc so it may not be up to Apple to choose who to licence it to (if at all).

      http://64.244.235.240/explained_contentprovider.as p

    2. Re:RTFA by thatguywhoiam · · Score: 2, Interesting
      FairPlay is actually owned by Veridisc so it may not be up to Apple to choose who to licence it to (if at all).

      Someby please mod this up. It's kind of a crucial fact.

      As far as I can tell anyone can go and license FairPlay just like Apple did. How this works specifically with the iPod, I'm not sure, but unrestricted AACs and MP3s work fine as well...

      --
      If Jesus wants me it knows where to find me.
    3. Re:RTFA by farzadb82 · · Score: 5, Informative

      Umm... hate to burst your bubble but VeriDisc's Fairplay is not related in anyway to Apple's Fairplay (see)

    4. Re:RTFA by dasmegabyte · · Score: 2, Interesting

      Oh wow, I hadn't thought of that.

      If it's true that anybody can license FairPlay...then in theory, anybody COULD make their own iTunes competitor.

      Which is something I've been thinking about a lot lately...how the loss of MP3.com has left a lot of artists with no money and no deal in the shitter, and there's nobody left in the void to take their place other than Windows-only files or unrestricted downloads. Some of these -- like Weed -- are pretty nice, but using fairplay could be a pretty nice solution that's compatible with the best device in town.

      --
      Hey freaks: now you're ju
    5. Re:RTFA by BasilBrush · · Score: 2, Insightful

      You aren't bursting anyone's bubble. Veridisk's Fairplay is very much related. They do appear to let their domain name expire though.

      http://64.244.235.240/info_about.asp

    6. Re:RTFA by mlilback · · Score: 2, Interesting

      And what makes that guy an expert?

      When the iTunes store first came out, Apple's website linked the word Fairplay to the veridisc website. I'm not sure when they removed that link, but it was there at one point. It probably can be found in the way back machine.

    7. Re:RTFA by rabbit994 · · Score: 2, Informative

      True that, for those of you with iPods, click the legal in you settings menu, and actually read it.

  9. Would'nt opening the ipod be THE way to go by vinit79 · · Score: 3, Insightful

    I know apple probbaly wont agree, but looking at the sucess of OSS, doesnt it make sense for them to simply open iPod and release its source code, so anyone with lots of time to spare can write interseting and useless plugins.

    These will ultimately result in the iPod becoming more popular

    An apple a day keeps MS away

  10. Re:If apple want's to win with AAC they have to .. by One+Louder · · Score: 5, Informative

    That's not Apple's decision to make, since they aren't the owners of AAC. And they're apparently smart enough at least to know that, unlike, say, you.

  11. Brilliant...but the idea could be taken further! by TempusMagus · · Score: 3, Interesting

    This is wise-wise-wise advice. However, why stop there? Why not make the entire DRM system a sub-set of QuickTime and get acceptance for other non-audio formats as well? QuickTime is the high-end standard and with the new Pixlet format apple already has a HD leg-up on other folks.

    --
    -_-
  12. Re:It would be nice, but by Altus · · Score: 2, Interesting


    DRM is essential to the iTunes music store. the RIAA wouldnt agree to it without some DRM. apples DRM is only mildly restricting and it is the iTunes music store that is helping to move their (already sex) iPods. being able to get music for your iPod from multiple sources should encourage more people to buy one (apple makes money) and the dont loose money becase of the compitition since their music store isnt going to make a whole lot.

    hell eventualy they could back out of selling music all together if other people will do it for them.

    also, you can use an iPod for data storage. as for your sexuality, youll have to talk to an expert, i have no advice on this matter :)

    --

    "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  13. Re:It would be nice, but by wankledot · · Score: 4, Informative
    The iPod doesn't "have DRM" any more than your Dell thing does. It's capable of playing DRM'd tracks from the Apple music store, but you don't have to buy those to use the iPod.

    You're a little defensive about your manliness there buddy, I don't have to choose a certain electronics device to reassure myself that people will think I'm straight.

    --
    My sig is blank, I typed this by hand.
  14. Re:So... by One+Louder · · Score: 4, Informative

    An online store that wants to sell to iPod users merely has to provide the music in MP3 or unprotected AAC, since the iPod will accept both of those as well as Fairplay-protected AAC. You'd probably have to provide your own client to buy the music, and then use the scripting interface for iTunes to load it onto the iPod.

  15. License FairPlay! Ha! by Anonymous Coward · · Score: 2, Insightful

    How would licensing FairPlay to other hardware manufacturers sell more iPods? Oh it wouldn't? Oh then I guess that's not gonna happen.

    AAC can be the next audio standard, but FairPlay will not be the DRM standard. An industry DRM standard will have to be devised and then every digital music seller and player must support it. Then iTunes and iPod can continue to simply be the best digital music experience around.

  16. Re:AAC is open source! by wankledot · · Score: 3, Informative
    *sigh*

    AAC is not "open source" You still have to pay to license it.

    --
    My sig is blank, I typed this by hand.
  17. Re: Apple DRM? by Anonymous Coward · · Score: 2, Informative

    Cheatsheet for this article:

    AAC -- must licence from MPEG
    WMA -- must licence from Microsoft.
    MS DRM -- must licence from Microsoft.
    Apple FairPlay -- can't licence from anyone.

    So, please, let's quit pissing-n-moaning about "proprietary" -- this is all business.

  18. Re:If apple want's to win with AAC they have to .. by Alex+Reynolds · · Score: 2, Insightful

    That's basically why QuickTime gets installed with iTunes, although most users never notice it until after the fact.

    I'm almost tempted to believe that iTunes is a trojan horse for QuickTime, allowing Apple to sneak it onto everyone's computer. Very smart idea.

  19. Apple's Dual Paths by Dark+Paladin · · Score: 5, Insightful

    I think that Jobs has his own plan in mind, though I hope he's included "flexibility".

    Option 1: Stay Alone

    This basically has the iPod and the iTunes Music Store (iTMS) working only together. So far, this situation has proven to be the case, and it's working pretty well: the iPod is the #1 selling MP3 player out there, it's making Apple a butt load of cash (and when you try to carry money in your butt you'll know what I mean), and iTMS is the #1 online music sales system by far - 50 million songs sold compared to Roxio's 5 million. Even comaring apples to , er, apples, just within the 6 months since Napster has been out Apple has made 5 to 1 sales.

    If this continues, then eventually Jobs can force out all of the "for profit" music shops out there, and boil it down to just the "for advertising" places, like Wal-Mart, Coke, and Microsoft (which would really be looking to make Windows Media Audio the default standard).

    From this, Apple makes AAC the next MP3, and their DRM becomes the "de facto standard" - even though nobody else can use it. Apple makes all the money, and they like it.

    This will only come true, however, if Apple keeps a huge lead. What happens when Microsoft (MS) unveals their own online music store (didn't originally they tell folks like Napster that they wouldn't? Well, nevermind that....), sells songs for $0.50 each, takes a hit on profits, and basically acts like they did with Internet Explorer. (Ignoring any antitrust issues - not that Microsoft ever has had to in the past.)

    So that goes to Option 2: License the DRM

    I have the feeling that Jobs will release this if and only if iTMS and iPod sales start taking a dive. It's his "ace in the hole" to keep iPod sales alive. All it will take is him going to the other stores, making an offer, and then everybody can use the iPod with any service. Sure, it could hurt iTMS removing the one thing that makes it different from everybody else - but Apple is about the hardware.

    But what happens if someone like Dell or Gateway come out with their own MP3 player that starts to make the iPod look like yesterday's bulky cell phone? That's when option 3 kicks in:

    Option 3: License WMV for the iPod

    This one only happens when things are dire and Apple feels they finally have to put in their chips.

    The question is, how likely is either option to be? I can see Option 2 and 3 as "someday, maybe" futures. But as of right now, iTMS and the iPod rules the roost, and as long as Apple keeps that up for another 12-24 months, everybody else just in it to "make money selling music" will be so marginalized it won't matter. We're more likely to see Pepsi style promotions than anything else - though Apple had already keep an eye on possible cracks in their popularity: McDonald's may have dumped a iTMS deal in favor of a Sony Online Music one already, though of course nothing is official yet.

    2 years I think the dust will be settled. Until then, I'll keep saving up to buy my wife an iPod mini. Hey, if nothing else, they're cute. And she still buys lots of CD's.

    1. Re:Apple's Dual Paths by 2nd+Post! · · Score: 2, Insightful

      You forgot option 4: License the iPod

      Like they did with HP, their digital music player in HP blue.

  20. Re:switch( DRM ) by peragrin · · Score: 3, Insightful

    It's a pain in the ass, let's the RIAA and it's member dictate what you can and can't do on a per song basis. Fairplay gives every song the same Rights. Metallica doesn't want their latest album burnable to cd, no probelm MS will stop you cold. Fairplay is Fairplay for theend users. MS doesn't know what fairplay means.

    --
    i thought once I was found, but it was only a dream.
  21. Re:Funny how... by One+Louder · · Score: 3, Insightful
    There's actually nothing that Apple can do to create a monopoly here. After all, they have a single store client running on two platforms, one with small market share, no support outside the US, and a line of proprietary player devices that more or less require their software client to use.

    Anyone with some cash and negotiating skills can create an online music store - and many companies have. There's no techological lock-in, exclusivity or leverage that Apple has that they can exploit, and most of the music they offer is also offered by others.

    Microsoft, on the other hand, *can*, "*has* and likely *will continue to* leverage their OS monopoly to exclude others for playing in the media space. We'll see what happens when they open their music store.

  22. Re:It would be nice, but by happyfrogcow · · Score: 2, Funny

    yeah, but a light pink iPod mini won't be helping your situation any ;)

    kiddding! it's not the size that matters, it's the way you groove!

  23. Winamp Plays FairPlay Tunes by lotsofno · · Score: 3, Informative

    Just so you all know, Winamp, being the awesomely versatile player it is, CAN play AAC songs with Fairplay DRM attached, with this convenient plug-in. Of course, there are many limitations still, but that's proprietary DRM for you.

    You can chart and discuss the plug-in's progress here. The older, "officially released" version of the plug-in with brief descriptions and reviews is here.

    BTW, Winamp 5.03 is already out, in case you weren't informed.

    1. Re:Winamp Plays FairPlay Tunes by lotsofno · · Score: 3, Informative

      Sorry, I messed up all my links... You can get the plug-in here, to play AAC files with FairPlay, on Winamp. Feel free to mod the previous post down.

  24. Re:Apple's DRM by jcain · · Score: 5, Informative

    If you send an email to iTunes Support, and ask them nicely, they will de-authorize all the computers on your account automatically. Just tell them you no longer have the computers you authorized and cannot de-authorize them the normal way.

    Worked for me.

  25. Re:DRM Online Music by Have+Blue · · Score: 2, Informative

    Most albums with more than 10 songs on them are $10.

  26. Re:If apple want's to win with AAC they have to .. by American+AC+in+Paris · · Score: 2, Informative
    But, I highly doubt that apple has the leadership that would make such a smart decision.

    *snerk* Yeah, Apple sure has suffered lately under their boneheaded, non-visionary leadership.

    Hell, if they get any worse, their competitors are going to have to start going out of business just to keep from humiliating Apple...

    --

    Obliteracy: Words with explosions

  27. Burns bridges by BillyBlaze · · Score: 2, Insightful

    I hope Apple doesn't do this, because it will make it much harder for them to drop DRM in the future. Instead of doing as they should by pressuring the RIAA members to allow DRM-free downloads, Apple would implicitly support DRM to protect their new revenue stream. The RIAA needs to realize that DRM doesn't work, and that those who purchase the music generally don't infringe anyway.

  28. A Guess by jeffkjo1 · · Score: 3, Interesting

    I'm going to guess that Apple probably legally can't license the Fairplay technology. I imagine that the RIAA probably has Apple locked into some super restrictive contract that makes it so only Apple can use Fairplay, even though they made it.

    After all, (outside of Apple being Apple), why wouldn't they have done it already?

  29. Making money off licensing? Pfft. by UnrefinedLayman · · Score: 2, Insightful

    Apple has sold about 30 million songs through the iTunes music store. All told, if they had licensed their FairPlay technology and let someone else open a store and sell those 30 million songs, they would have raked in a cool $300,000 dollars at a penny per song.

    Apple is already losing money through the store, and while outsourcing it would have staved off costs, they'd still be very much in the red. Imagine if they now started operating their money-losing store in competition with another money-losing store. Gee, lots of winners there, aren't there?

    What it comes down to is they need every penny they can from their own store, and competing with someone else for a crowd they now have a monopoly on won't work -- even if it does sell more iPods, it's going to chip away at their image of being a simple, single source. One application, one portable player, one store, one sign-on, etc. etc.

  30. Re:Funny how... by MoneyT · · Score: 2, Insightful

    Perhaps the issue isnt' with control, but with teh fact that Microsoft has shown time and again they will use that control to make your life hell. Apple has not.

    --
    T Money
    World Domination with a plastic spoon since 1984
  31. Re:AAC is proprietary by the_2nd_coming · · Score: 3, Informative

    umm.. under a patent is not the same thing as proprietary under copyright.

    a patent purchase allows you to see the underlying parts, and even allows you to mess with the stuff (though it this case it really is not an issue)

    a copyright purchase only gives you the ability to USE the technology with out seeing the parts.

    --



    I am the Alpha and the Omega-3
  32. Or... You Could Just Get The Non-DRM MP3s by meehawl · · Score: 4, Informative

    All hail FatWallet:

    Here are some legal (in Russia!) MP3 download sites - most flat fee:

    allofmp3.com
    This site is locally legit and songs can be downloaded for as little as $0.01 per MB. That's around 3 cents per song.

    DELit
    Unusual emphasis on hard rock and metal acts (east European and Russian youth apparently worship metal acts)

    3MP3.ru
    $4.55 per month for unlimited downloads.

    And you are not stuck with the typical iTMS low-quality 128Kbit file. Most of the Russian sites let you choose your quality and give you the option to do "online encoding" where you can select the settings you want. When the pop up screen shows up you can hit switch to advanced mode toward the bottm and you get the following options:

    You can choose between the LAME or BLADE codec and 128, 160, 192, 256, and 320 kbps for each (constant bitrate). Or you can choose LAME variable bitrate at 128, 160, 192, or 256.

    If you enjoy these services, 3MP3 should be your first stop to see if you can find what you are looking for at the lowest price. Then I'd move to allofmp3, followed by clubmp3.ru, and then DELit.

    Cue the "In SOVIET RUSSIA" trolls now...

    --

    Da Blog
    1. Re:Or... You Could Just Get The Non-DRM MP3s by cpt+kangarooski · · Score: 4, Informative

      Of course there is a problem in that legal in Russia doesn't necessarily mean that it's legal for Americans in America to use those. In fact, it pretty likely isn't legal here, because all claims to the contrary, 17 USC 602 probably doesn't apply at all.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Or... You Could Just Get The Non-DRM MP3s by the_2nd_coming · · Score: 2, Funny

      ah yes...another moron who does not know that AAC is a better encoder than MP3 so at 128, you actually get a much higher quality sound than you do at 192 in MP3.

      --



      I am the Alpha and the Omega-3
    3. Re:Or... You Could Just Get The Non-DRM MP3s by cpt+kangarooski · · Score: 2, Insightful

      RIAA has not sued a single person just for downloading.

      That doesn't mean that they cannot. It just means that they haven't yet. A few years ago you could've said that the RIAA hasn't sued individual users, just P2P companies.

      They can sue downloaders if they want. It's not as practical -- right now they're concentrating resources more on the head of the snake -- but it is entirely possible.

      They have rights to distribution.

      Well, RIAA members do, anyway, yeah. In fact they have a multitude of rights. The major ones are listed in 17 USC 106. They are: The right to reproduce, the right to distribute, the right to make derivatives, the right to perform publicly, the right to display publicly, and the right to digitally broadcast.

      Downloading from allofmp3.com or others is not distributing so we're not commiting copyright infringement.

      I'm sorry, but you are simply wrong. Distributing is ONE FORM of infringement. Reproduction is another. When you download, you are creating a new copy on your computer.

      I suggest you look at the Napster decision. Napster didn't _directly_ do anything wrong. Rather they were found liable for, among other things, contributing to the direct infringements committed by their users. Uploaders infringed by distributing. Downloaders infringed by reproducing. Because Napster knew about this and helped materially what with their network under their control at all times, they were liable for the wrongs of their users.

      I think you really ought to read the decision, and read 17 USC 106. I don't mean to insult you, but you don't know much about copyright law at all, and it shows.

      Those companies also have rights to distribute so it's not like you're aiding a criminal or shady company.

      The thing is, they do not have the right to distribute those works. If they have any rights, they're limited solely to Russia. They don't have the right to distribute to people in other countries, such as the US. That's a seperate right, and one that I bet they don't have.

      Since there are no laws regulating such online purchases, it's not illegal.

      Of course this is not true. US laws apply to persons located within the US. Copyright doesn't particularly distinguish between the online and offline worlds. These online purchases are pretty certainly violating US copyright law. That's bad if you're in the US. I doubt the Russians care particularly, but that's no comfort to the rest of us.

      RIAA and others tried to make it illegal

      It may indeed be illegal. Importation of copyrighted works is generally illegal unless it's authorized by the US rightsholder. This avoids US law being undercut, i.e. if Canada didn't have copyright laws, they could ship stuff here and authors with US copyrights would be screwed.

      Some exceptions are made for copies brought in by individuals, travellers, etc. but are still subject to some limits.

      But downloading is probably not the same as importing. When you import, the copy already exists in the foreign country and is merely brought here. When you download a brand new copy is created here. These are different things, and the exceptions in the import statute won't cover downloading at all.

      The question of morality (how much are you actually supporting the artists?) is another issue entirely

      I could care less about morality. Copyright law is amoral and utilitarian, favoring the public. Artists are of no particular importance, save as a means for the public to get what we want.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  33. Favortie quote from the article... by microcars · · Score: 4, Informative
    It seems obvious that Glaser has never actually used an iPod.
    Otherwise he never would have said this:

    "The only way to presently put songs on an iPod is to (buy) them from iTunes," Glaser said, ...."
    --
    I like microcars
  34. Re:it doesn't matter by nsayer · · Score: 4, Informative
    AAC is suuposedly not a lossy format



    Um, no. AAC is a lossy format. If you burn it to CD, then rip it and re-AAC it, you get something not quite as good as the original.

  35. Re:It would be nice, but by Powercntrl · · Score: 5, Funny

    ...but what would the fees be? Out of the reach of the small indie shops, or reasonable?

    Poor talentless underdogs, my heart bleeds. If they can't afford DRM, they either shouldn't use it or they should start sucking less so they actually turn a profit. The iPod plays DRM-FREE MP3 files just fine.

    Then again, why bother with DRM at all? My Dell Jukebox cost me less per GB, has a longer battery life, doesn't have any DRM, at least none that I'm aware of,

    So it can play WMA but has no DRM support? That's like Satanism without the evil, it's totally pointless.

    I don't get my sexuality questioned every time someone sees me use it.

    Haven't had that problem... Considering the iPod has the majority of the portable audio marketshare, I highly doubt it comes into play as a factor in determining someone's sexuality. Now buying a pink mini and loading it with Ricky Martin's complete discography probably wouldn't help your case, but I digress.

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
  36. Re:If apple want's to win with AAC they have to .. by LionMage · · Score: 4, Insightful
    Whatever, AAC is doomed to be less popular than WMA and Mp3 until it becomes 100% free for me to write a player that supports that format. WMA is a distant second to Mp3 and is only catching up because MS allows companies to make their devices WMA compatable for zero dollars and ZERO cents thuas making it compatable with portable players. It still can not touch MP3 in popularity though. AAC is a horribly distand almost last place near FLAC and OGG and is only growing because Apple themselves is offering content in that file format. if they were not offering content in AAC then it would be completely dead...

    I guess this is why AAC was just recently chosen by the DVD consortium to be the standard for audio in the ROM portion of DVD-Audio disks. (That's been one of my major gripes with DVD-Audio -- you can't rip the songs to your computer currently, because there's no software out there designed to do this.)

    Yeah, right, AAC is dead. Never mind that the latest iTunes rips into AAC by default. (You have to go into preferences to switch audio import to use MP3 instead.) Never mind that the iTunes Music Store outperforms all other legitimate digital music distribution methods, and their format of choice is AAC with FairPlay.

    apple as [sic] the opportunity to create a standard in a way that they tried with quicktime (which is still a distand third and being displaced with xvid/divx into fourth with Real Media)

    I guess that's why Quicktime is doing just fine? Seriously, talk about a reality distortion field -- yours seems to be worse than Steve Jobs'. Xvid and DiVX are still the purview of the 133t, although there are more DVD players on the market now that will play videos encoded in these formats. So they are gaining traction and mainstream acceptance; but most players that support these formats are cheapies from China, where video piracy is rampant, and the build quality leaves something to be desired.

    Incidentally, AAC and Quicktime are linked inextricably with MPEG4, which is a current and future video standard. DiVX/Xvid leverage the MPEG4 standard.

    Quicktime is not just a niche format. It's everywhere. Most sites that serve up movie trailers do so in Quicktime format. Quicktime is almost always offered as an option for sites that support multiple video formats. And AAC wasn't "created" by Apple -- it's an open standard that they adopted.

    Steve Jobs historically makes bone-headed decisions.. Apple would be king right now if they made the decisions to open up their goodies years ago...

    So what you're saying is that your entire post is really just an excuse to slam Jobs and Apple, and has nothing to do with anything else. Obviously. Since real facts don't bear your arguments out.

    So stick that in your pipe and smoke it mister troll.

    Funny, you sound like the Troll in this case. Pity I used up my moderator points a couple days ago.
  37. Re:DRM Online Music by rfovell · · Score: 2, Informative

    And really, 99c for a song isn't even that great of a deal. That makes a 15 song cd = $15.

    When you visit iTMS you will see that most albums having more than 10 tracks have prices capped at $9.99. Yes, there are counterexamples (Kitaro's "An Ancient Journey" is $18.81, the aggregate cost of the individual tracks), but they strike me as quite rare. I noticed a few albums are actually less than $9.99, and those have 9 or fewer tracks.

    So, FYI, your blanket statement "That makes a 15 song CD = $15" is far more often incorrect than correct.

    --
    Every rule has an exception (except this one).
  38. AAC, FairPlay, and Apple by maggard · · Score: 4, Informative
    OK, cutting through the assumptions already posted, and folks who couldn't be bothered to actually read the article before posting...
    • Yes, Apple's music files are encoded in AAC.
    • Yes, AAC is an open standard, in that it is publically documented (for a reproduction fee to ISO), just not a free one, patent-wise or royalty-wise.
    • Apple's AAC files are then protected with DRM using Apple's FairPlay (if this FairPlay is related to VeriDisc's FairPlay is unknown, Apple lists FairPlay under their Apple's copyright).
    • If folks had bothered to read the article the DRM opportunity is pretty much what it was about, not the AAC format. FWIW FairPlay could be applied to mp3's too.
    • As DRM goes FairPlay is pretty liberal and there have been few problems (Cory Doctorow's consistantly forgetting to un-license machines aside)
    • Can FairPlay be broken? Probably, there are ways at getting to the AAC files via Apple's freely distributed QuickTime architecture (this is what iTunes uses).
    • There's also the trivial exercise of using iTunes to burn a CD then re-ripping the music. Of course the music has then been lossily encoded twice, with different encoders, so it's sorta like listening to a copy of a tape of a FM broadcast.
    • Ultimately though at US$1 a song & US$10/album most folks appear willing to own the music legitimately. Furthermore Apple has made it absurdly simple to share music locally via their iTunes software so most dorm & office style needs are handled that way.
    • Of course, the article pretty much ignores if Apple wants to be in the Music or IP licensing business at all. They only gave MS their previous Apple-IP license when their mutual lawsuits seemed deadlocked for eternity. The Mac licensing program cannibalized their own sales before it was killed off, their FireWire licensing plan shot itself in the foot, there doesn't even seem to be much co-branding like used to happen with special speakers and such for Macs. These days Apple seems pretty intent on only doing things that directly support selling, or at least evangelizing, Mac hardware.
    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
  39. The album myth lives! by Mr.+Underbridge · · Score: 4, Interesting
    And really, 99c for a song isn't even that great of a deal. That makes a 15 song cd = $15.... Which essencially is the same price it was before.

    And as everyone has discovered who uses the service, iTMS isn't for buying albums. It's for buying singles. This way you get the one song you wanted on the album for $0.99 instead of $15, and that *is* a hell of a discount. Even if you find CD singles, they're much more than $0.99.

    So for the majority of the world that (by definition) buys pop, iTMS makes sense. My wife just got 12 songs for $12 that would have cost over $100 in a store. I don't use it because I like older rock where 90% of an album didn't suck, but the service helps a large segment of the population.

  40. Re:So... by One+Louder · · Score: 5, Insightful

    They've left a tantalizing hint - if you look inside the iTunes application bundle, you'll see an icon for ogg files. It looks like they were at least considering supporting it enough to provide artwork. It's possible it supported it internally, but the feature might have been removed before shipping for some reason.

  41. Re:Enjoy your more expensive same-thing by The+Infamous+Grimace · · Score: 4, Interesting

    Yay, you paid a substantially more money for a different, metro-looking USB HDD that plays music than he did. Congrats, you're an idiot.


    Really? So you can boot your Windows machine off of your Dell DJ, and troubleshoot your computer? Can you also transfer music and charge it at the same time off of one cord?

    But you know what the real beauty of the iPod design is? It anin't much bigger than a cassette. How much longer before someone comes out with a car stereo that accepts your iPod like a tape? They're gonna get my money.

    (tig)
    --
    Ignorance and prejudice and fear
    Walk hand in hand
  42. Re: Apple DRM? by frankie · · Score: 4, Informative
    Apple FairPlay -- can't licence from anyone.

    Nope. How about you let me handle this:

    • AAC: codec for mp4 audio (m4a) -- license from MPEG-LA
    • WMA: audio wrapper format -- license from Microsoft
    • WMRM: DRM used by WMA et al -- license from Microsoft
    • FairPlay: DRM used by ITMS (m4p) -- license from Veridisc

    Note1: as you can see, Alex Salkelver at Business Week clearly didn't do his homework before writing that article.

    Note2: the folks at Veridisc are astonishingly incompetent at e-business: they own neither veridisc.com (unrenewed, squatted, not work-safe) nor fairplay.com (unowned, parked)

  43. Re:DRM Online Music by LionMage · · Score: 3, Interesting
    And really, 99c for a song isn't even that great of a deal. That makes a 15 song cd = $15.... Which essencially [sic] is the same price it was before. Not only that but you end up with an inflexible lossy-encoded file.

    Except that you typically get price breaks on the iTunes Music Store for buying entire albums. Albums typically sell for $9.99 on the store, which is way cheaper than buying each track individually if there are more than 10 tracks on the album. Also, some tracks are not available for individual download; one might argue that this is a ploy to force customers to buy the album, but typically such tracks are either bonus material or songs that probably wouldn't sell individually.

    The latest trend on the iTunes Music Store is to give price breaks on buying an entire EP as well. In those cases, the cost of the EP is even cheaper than a full album, and often cheaper than buying the songs individually off the EP.

    Disclaimer: Yes, I am a (satisfied) iTunes Music Store customer. However, I buy most music on CD and rip it the traditional way still.
  44. Re:So... by jaoswald · · Score: 5, Insightful

    Let's see...Apple puts only what you call an ineffective lock on the music you download, yet this is the reason you haven't signed up for iTunes?

    What, are you waiting for a store to come out with *effective* protection which gives you even less of what you want? "Federal take-it-up-the-@$$" protection?

    Apple has to put some kind of protection on their downloads to reassure the labels. You claim that it is only a token effort. Isn't that the best you can hope for? Sounds like Apple is slying doing you a favor, as opposed to the draconian measures they could be taking.

  45. Re:So... by TheRaven64 · · Score: 3, Interesting

    Interesting. However, I notice that there is also an iTunes-wma.icns, as well as the iTunes-ogg.icns you mention, and I don't think adding WMA support to the iPod is very likely...

    --
    I am TheRaven on Soylent News
  46. Re:DRM Online Music by Senjutsu · · Score: 4, Funny

    Is it just me or has companies like Apple managed to sneak DRM in under our noses while at the same time tricking us into thinking they're cool?

    And really, 99c for a song isn't even that great of a deal. That makes a 15 song cd = $15.... Which essencially is the same price it was before. Not only that but you end up with an inflexible lossy-encoded file.

    If by "sneak" you mean "implement because without it the major labels would never have agreed to let Apple distribute any of their songs" and "trick" you mean "tell you up front that their files are 'protected' by the weakest/most flexible DRM available from any online store that carries works from the major labels", and if by "$15 per cd" you mean "$9.99 for the majority of the albums", then yes, you're absolutely correct.

  47. Use perception to create win-win for Apple by th77 · · Score: 3, Interesting
    First off, in the article, Salkever proposes that Apple "allow other device and software makers to license ... FairPlay". That's much more than just allowing other online stores to sell FairPlay DRM'd songs. But let's consider what the original poster said about licensing to other stores.

    I definitely think that Apple should license FairPlay to other online music stores, but not other hardware or software players just yet. Why? It's a matter of perception. I'm sure there are people out there who won't buy an iPod because they learn that it can only play iTMS songs (out of all the other legal download stores, ignoring any MP3 stores). If Wal*Mart and any other "me too" store also sold FairPlay music, all of a sudden this wouldn't be a problem--iPod users could buy online music from any number of places. iPod users would have a choice.

    Now, would Apple lose some iTMS revenue? Probably, but big deal. iTMS is a loss-leader for selling iPod, which has been pointed out many times here before. I bet, though, that Apple would continue to be the industry leader in terms of selling songs to iPod users because they have such a clean, easy-to-use interface and seamless interoperability between the player, the store, and the iPod.This is something the standalone FairPlay licensee stores would not be able to offer. They could compete on price, or selection, which Apple competes based on ease-of-use and style (which would not be Mac vs. PC all over again because Apple would still control the iPod hardware).

    So it would be win-win. Apple would have more stores selling music for its iPod, which would make consumers more comfortable in committing to iPods, and Apple would be able to maintain the near-excellent user experience for customers who stick with the iTMS.

    --
    Your favorite sig sucks
  48. Sell more iPods & Xserves by amichalo · · Score: 3, Interesting

    What if Apple not only licensed the DRM, (= more music = more iPods = more $) but also sold it in bundled with Xserve technology?

    Make it so an Indy music producer just has to copy songs to a "publisher" program which encodes and makes available on-line.

    They could spec a Xserve Music Server that an Indy music producer could buy (Xserve RAID etc) all pre-configured and easily managed (even sell remote management support so Apple supports the thing). They customize the variety of e-Commerce templates and copy music to a program that will encode it and add it to the library.

    Now Apple can support Indys AND keep their own music library "clean".

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  49. Re:Cory's fallacious argument by mouthbeef · · Score: 2, Insightful

    Oh puh-leeze. Remind me to stay the hell away from any business you start: "The customer was using the product incorrectly! It's his fault! Who told you to use the music-sharing feature we provided! It was meant to be for demonstration purposes only!"

    If Apple wants to succeed in the market, it has to provide the products its customers want. None of Apple's customers want a system that breaks after they replace a CPU three times. I have files generated on my first Apple computer (an Apple ][+, bought in 1979) that execute and are readable on my G4, which is approximately my millionth Apple computer. I have owned and discarded literally over a million dollars' worth of Apple equipment, if you count the machines I signed purchase orders when I was a sysadmin). The very idea that I should have to take a special step -- beyond *actually preserving my data* -- to preserve my data offends reason.

    The fact is, one of Apple's best customers, a risk-taker willing to buy the 1.0 of everything they shipped, was burned by Apple's decision to include "features" that added cost (in engineering dollars) and removed functionality, at the behest of a trust of price-fixing record execs whom the FTC busted for being an illegal cartel.

    Who does Apple need to please to sell hardware: Record executives or its customers?

    Talk about fallacious reasoning.

  50. ReRipping iTunes music to/from CD... by green+pizza · · Score: 2, Informative

    There's also the trivial exercise of using iTunes to burn a CD then re-ripping the music. Of course the music has then been lossily encoded twice, with different encoders, so it's sorta like listening to a copy of a tape of a FM broadcast.

    You haven't done this before, have you? The sound quality is lower, but it's not *that bad*. I would compare the original to CD quality and the re-ripped / twice-encoded version to FM radio quality (and really, no worse than most of the less common pirated MP3s floating around in cyberspace).

    Here's what I noticed about the quality difference:
    I started off with a song bought via iTunes... sounds great via my iPod and via the stereo connected to my PC. I burnt a playlist of my songs to CD. I then ripped the songs back into iTunes, encoding as 192kbps AAC. Playing back the song, it sounded just as good as the original... or so it seemed to me at first. I then played the original.... a-hah!... in a back-to-back comparison, the original sounds much better... but its not something you will really notice otherwise.

  51. Re:Enjoy your more expensive same-thing by dasmegabyte · · Score: 2, Interesting

    What, you mean like the new one from Alpine?

    Or something like what I'm working on with my Beetle . I'm integrating the dock into the dashboard ;)

    --
    Hey freaks: now you're ju
  52. And the MPEG-4 file format by benwaggoner · · Score: 4, Interesting

    And Apple also licenses the MPEG-4 file format, which is based on their own QuickTime file format.

  53. Re:So... by nehril · · Score: 5, Interesting

    Like Apple's DRM is worth a shit. It's as effective at protecting songs as my goldfish is at protecting my house. When anyone can defeat it by burning & reripping, what's the point? Really, why even bother?

    this is actually a point Steve Jobs made to the music industry execs (according to an interview with Jobs online somewhere, I forget where). He told them that any DRM is basically useless, anything that can be encoded can be cracked. they told him to piss off, a year or so later he came back when all their drm schemes were cracked and he said "See?!" Then they listened.

    so apple put in a bare minimum protection scheme, but more importantly made the terms so loose that nobody really wants to or needs to crack it. the restrictions are pretty insignificant (can't burn the same playlist more than 10x.... but change it slightly and keep going. But who's going to burn the same playlist that many times anyway?). the whole setup basically a fig leaf so that the industry can *feel* protected while raking in the bucks.

    the real protection here is the easy terms that don't stop you from doing what you want to. iTMS is excellent competition to Kazaa & crew: faster, better, more reliable, decently tagged, good catalog, cheap. Apple got tired of waiting for the industry to figure out how to do it right, and did it for them.

    so what exactly is your problem with iTunes?

  54. There's one thing everyone's forgetting by webslacker · · Score: 4, Insightful

    Even if licensing out the iTMS format to other online music stores would theoretically drive more people to buy iPods, there's one factor that everyone's forgetting: user experience.

    Apple doesn't want just any joe schmoe with a smelly t-shirt selling songs for the iPod because Apple wants to maintain a level of quality with the entire user experience, from the purchase of songs on iTMS to the browsing of their songs on iTunes to the uploading and management to the seamless integration between the store and iTunes.

  55. Re:wrong way by InstantCool · · Score: 2, Funny

    It works for crack.

    --
    InstantCool
  56. Re:Cory's fallacious argument by artemis67 · · Score: 2, Insightful

    If Apple wants to succeed in the market, it has to provide the products its customers want.

    Wrong.

    If Apple wants to succeed in this market, they have to provide a reasonable compromise between the consumers and the content providers.

    What do I want as a consumer? Free music downloads, no DRM, unlimited duplication and unrestricted usage rights.

    What do content providers want? $15 for 10 songs on a CD, most of which are filler, with limited use and no duplication rights.

    iTMS is groundbreaking because it was the first service to broker an acceptible compromise between consumers and content providers. Yes, there will always be the Coreys of the world whose needs are the exception rather than the rule. The only way to adress that is to offer an unrestricted agreement, which does not benefit the content providers at all.

  57. Re: this wouldn't hurt by ennerseed · · Score: 2, Informative

    The incentive is that the songs would play on other devices... The drm would be open, the songs could be on any device, or software audio player that supported the drm.

    --
    "If we knew what it was we were doing, it would not be called research, would it?" - Albert Einstein
  58. Error Bars - No Winners There by meehawl · · Score: 2, Informative

    Oh yeah, AAC won the listening test over here too : http://www.cdfreaks.com/news/9217

    You know these particular "results" were discussed recently in /. at great length. If you look at the "winners", you will see that none of them "won" by a greater margin than their inherent error bars or confidence measures. Therefore it is incorrect and unsupported to say that any particular codec "won". Have you ever taken elementary stats?

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    Da Blog
  59. Re:It would be nice, but by ferret70 · · Score: 2, Funny

    Nah, I'd just question their intelligence.

  60. Re:So... by shark72 · · Score: 3, Insightful

    "the whole setup basically a fig leaf so that the industry can *feel* protected while raking in the bucks."

    More to the point, DRM is like a "club" for your car's steering wheel, or copy protection on PC software. It won't stop the people who are really determined to pirate music or software, or steal your car, but it stops the casual folks. If it can reduce much of the piracy, but not all of it, it's still worthwhile. The music industry's lawsuits have the same aim: if they can scare the masses away from piracy, they're better off even though the Slashdot crowd is simply moving to transfer mediums that are off the RIAA's radar or otherwise untouchable.

    As an aside, I think Apple's DRM is fine. I can burn extra CDs for my friends and move tracks from PC to PC. It would not let me simply copy the tracks to my Kazaa share directory, which is fine, as that would be illegal anyway. The "artists have too many rights" crowd who see any sort of DRM as an affront to everything that is good and true and right in the world should check themselves.

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    Sitting in my day care, the art is decopainted.
  61. Re:So... by Anonymous Coward · · Score: 4, Insightful

    the whole setup basically a fig leaf so that the industry can *feel* protected while raking in the bucks.

    No.

    A deadbolt protects your house by making it physically difficult for the bad guys to break in. That's true.

    But a "beware of dog" sign also protects your house. How? By deterring those who would otherwise walk right in and take your stuff. It doesn't do anything to stop a determined thief... but how many determined thieves are there out there, compared to the number of "thieves of opportunity?"

    Fairplay protects music because it deters "thieves of opportunity." Because it's inconvenient to pirate Fairplay-protected music, paired with the fact that it's so darned easy to get it legally, Fairplay effectively protects music.

    It's not a fig leaf. It's real.

  62. My problem with iTMS and iTunes by Lathi- · · Score: 2, Interesting
    so what exactly is your problem with iTunes?


    My problem is that I don't have an interface to it. I'd love to see Apple release an iTunes for Linux. Short of that, I'd like to see a web interface to iTunes that supported Mozilla well. Short of that, I'd like to see someone license iTMS and build a third-party web interface to iTMS.