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PlayFair Pulled Due to DMCA Request

doubleacr writes "MacSlash is reporting that PlayFair has been removed from SourceForge.net. Didn't see that one coming." We posted about PlayFair on Monday. SourceForge.net received a DMCA complaint from Apple on Thursday, claiming PlayFair is in violation of the anti-circumvention provision of the DMCA, section 1201(a)(2). As per SourceForge.net policy, the project has been disabled. Should the project managers file a counterclaim, the project could be restored. SourceForge.net is owned by OSDN, the parent company of Slashdot.

711 comments

  1. Project still available elsewhere..... by michael+path · · Score: 4, Informative

    The project has been moved here:

    http://sarovar.org/projects/playfair/

    Though nothing has yet been posted to it, the author posted on MacSlash that the C&D order from Apple will be posted - and will be continued as long as there is no violation of Indian law.

    1. Re:Project still available elsewhere..... by tcopeland · · Score: 1

      Hmmm... the CVS repository is empty...

    2. Re:Project still available elsewhere..... by Saint+Aardvark · · Score: 4, Informative
      Thought this might happen, so I checked out a copy from CVS when the original story was posted. The tarball can be found at:

      http://saintaardvarktehcarpeted.com/mirror/playfai r.tgz

      Keep in mind that all you have is my word that nothing's been changed (nothing has, but that doesn't mean you should trust me). I'm open to suggestions about verification (md5s of original files, maybe?).

    3. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 2, Informative
      Grabbed from SourceForge before they shut it down:
      4645fa4753a3fb50521fa8750e9932a2 playfair-0.2.tar.gz
    4. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 5, Informative
      From a macslash post:
      I am the playfair author. Yes, it was a C&D from Apple. The kind folks at sarovar.org have agreed to host the project, as it does not violate any Indian laws. The C&D from Apple will be posted to the website when it's back up at sarovar.org.

      To clarify:

      1. The DRMS code was written by VLC folks. I just used their code and two libaries (mp4ff and mp4v2) to create a nice, easy-to-use program. I did NOT reverse-engineer FairPlay.
      2. I think $0.99 is a fair price, too. I just (a) philosophically disagree with DRM and (b) want to be able to play the songs that I have legally purchased outside of iTunes / Quicktime. For the record, I do not use P2P networks to share files illegally.
      3. The DMCA is an abomination. Please write your congresspeople and ask them to repeal it.
    5. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      Along with the other child poster... time to rip out the iTunes key check and re-release it. :D

    6. Re:Project still available elsewhere..... by flossie · · Score: 1
      I also grabbed a copy before it was removed. It's available from a yahoo account (until someone breaks it!).

      login: playfairslashdot@yahoo.no
      password: apples

      $ md5sum playfair-0.2.tar.gz
      4645fa4753a3fb50521fa8750e9932a2 playfair-0.2.tar.gz

    7. Re:Project still available elsewhere..... by Lattitude · · Score: 1

      I trust you. After all, you ARE a Saint, right?

    8. Re:Project still available elsewhere..... by droleary · · Score: 1, Insightful

      4645fa4753a3fb50521fa8750e9932a2

      And we are to believe you're not Saint Aardvark posting a compromised checksum because . . . ? Paranoia is fun! :-)

    9. Re:Project still available elsewhere..... by stephanruby · · Score: 4, Funny

      The project has been off-shored.

    10. Re:Project still available elsewhere..... by dasmegabyte · · Score: 1, Funny

      Wow, so posting a link to illegal material is +2, Informative?

      Shit, maybe I should post my FTP information. I've got the new Dilated LP and some Star Trek: DS9 episodes. That should be worth at LEAST a +2.

      --
      Hey freaks: now you're ju
    11. Re:Project still available elsewhere..... by negacao · · Score: 1

      Additional mirror: http://evilpen.net/playfair.tgz

      Be kind, my upstream is only 768k....

    12. Re:Project still available elsewhere..... by afidel · · Score: 5, Insightful

      They are not illegal if you live outside the US.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    13. Re:Project still available elsewhere..... by landaker · · Score: 3, Funny
      And we are to believe you're not Saint Aardvark posting a compromised checksum because . . . ?

      Because they don't match.

    14. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 2, Insightful

      Ah, the "Land of the Free".

      And the one thing that tops it? International WIPO treaties, like the recently posted 'Broadcast Flag' story.

      To the greedy fat cats of the world: Fuck you.

      To the Americans: Fuck you for letting the fat cats run the place, from top to bottom. Funny how the 'less democratic' nations of the free world aren't the ones drafting the most draconian laws.

      In a hundred years, assuming we're still here, textbooks will speak of how the Media and Money were the ultimate downfall of democracy. Democracy isn't supposed to be true freedom, nor truly representative of the 'will of the people'. To think the rest of the world looked at the US Constitution with envy and emulated it, only to see it ignored by corruption and ignorance.

    15. Re:Project still available elsewhere..... by Kick+the+Donkey · · Score: 2, Funny

      Shit, maybe I should post my FTP information. I've got the new Dilated LP and some Star Trek: DS9 episodes. That should be worth at LEAST a +2. DS9 was shit. You should get labled a troll if you do that.

      --
      /. is a bunch of nerds at a million typewriters. It's not a political conspiracy determined to undermine your beliefs.
    16. Re:Project still available elsewhere..... by droleary · · Score: 1

      Because they don't match.

      Heh; you're right! The posted MD5 did match the source I got from another source, though. Doing a diff on the two, I see additional files (from loading it in an IDE, it looks) but no changes to actual source code. So still no conspiracy to report, darn it. :-(

    17. Re:Project still available elsewhere..... by tcgwebs · · Score: 1

      I'm feeling generous today so I uploaded the file to my server. Same as the above file. You know, just in case it gets slashdotted.

      http:// www . tcgwebs . com / playfair . tgz

      Fair use is fair use.

      --
      Domain name registration for $8.79 per year
      879domains.co
    18. Re:Project still available elsewhere..... by landaker · · Score: 3, Informative

      The posted MD5 did match the source I got from another source, though.

      I saw a torrent posted, but it wasn't modded up (maybe it is by now). In any case, I'll mention it here so folks are browsing this thread might notice it. =)

      Doing a diff on the two, I see additional files (from loading it in an IDE, it looks) but no changes to actual source code. So still no conspiracy to report, darn it. :-(

      I agree a conspiracy would have been much more fun...

    19. Re:Project still available elsewhere..... by NaugaHunter · · Score: 3, Insightful

      2. I think $0.99 is a fair price, too. I just (a) philosophically disagree with DRM and (b) want to be able to play the songs that I have legally purchased outside of iTunes / Quicktime.

      It's in their terms of service, and is a contract/license that is fully enforceable - while click throughs are arguable, payment definitely constitutes agreement. By this logic, he doesn't really care about the GPL or any agreement that isn't convenient to his personal whims.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    20. Re:Project still available elsewhere..... by Andy_R · · Score: 2, Insightful

      No, posting a link to something that Apple thinks might be illegal in the USA but proably just allows fair use is +2 informative. Big difference there.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    21. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      Yeah, I know ;). I didn't want to PGP sign it due to my own paranoia (people would be sure of the identity of the guy with the MD5 sum of an original tarball and, likely, the tarball itself). Actually, to be honest, I just wasn't thinking fast enough, heh. Afterward, I hoped people would mod the post up only if it matched the MD5 sum of whatever tarball they had hidden away. Turns out it doesn't match his tarball anyway, so no big worry :).

    22. Re:Project still available elsewhere..... by RevAaron · · Score: 1

      Because they don't match.

      Not sure why they would- one was a CVS checkout and one was a tarball. There are going to be some differences.

      --

      Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
    23. Re:Project still available elsewhere..... by dasmegabyte · · Score: 3, Interesting

      Or how about you just learn to tolerate an alternative fucking viewpoint, huh, chuckles?

      Not everybody wants to bask in your Open Source Society. Some of us are here for the money.

      --
      Hey freaks: now you're ju
    24. Re:Project still available elsewhere..... by RevAaron · · Score: 1

      Actually, if you were willing, I'd really appreciate that. Mostly the DS9 episodes. My email addy is right here- I'll find some way to "mod" you, perhaps giving you points down the line if you hook me up with those DS9 episodes. I'm serious, too.

      --

      Working toward a usable PDA environment in the spirit of Newton OS: Dynapad
    25. Re:Project still available elsewhere..... by Ryan+Amos · · Score: 3, Insightful

      You make the same mistake most non-Americans make in assuming that everyone in America thinks with a like mind. This is very much not so; our fascist president just doesn't like to let anyone hear opposing opinions. The "fat cats" rig the elections; the media doesn't like to report on stories of election fraud, which is actually pretty rampant in America, because it undermines our belief in democracy.

      Oh, and of all the people the American government fucks over, none does it fuck over more than its own people. I gotta pay taxes so they can line the pockets of corporations like Halliburton and Lockheed while not getting decent government services that most other industrialized nations have such as health care and breathable air. Any single European women out there who wanna get hitched?

    26. Re:Project still available elsewhere..... by jocknerd · · Score: 1

      Version 0.3 was on sourceforge as of last night. I was able to get it.

    27. Re:Project still available elsewhere..... by Alsee · · Score: 1

      It's in their terms of service, and is a contract/license that is fully enforceable

      As far as I can see the only enforcment for user violation consists of termination of the service / contract. Ummm, ok. Go ahead.

      The amusing part is that Apple specificly reserves the right to terminate that contract - at which point you are no longer bound by a terminated contract. For example if you tell Apple that you think someone may have swiped your password, they reserve the right to terminate your service / contract. And if they do, then you are no longer prohibited to strip the DRM with PlayFair :D

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    28. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      Eh?

      He said he doesn't like DRM, period. I don't think he cares whether or not its legal, true, but that doesn't mean he disrespects all laws and contracts by any stretch of logic...

      Don't put words in his mouth.

    29. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      I upped the supposed cvs version to this account for redundancy purposes.

    30. Re:Project still available elsewhere..... by Herr_Nightingale · · Score: 1

      I think it's incredibly funny that the only people who get burnt by this DMCA are the people who actually pay for music online.

    31. Re:Project still available elsewhere..... by Kick+the+Donkey · · Score: 1
      As my signature clearly states: "Donkies can't spell". If you don't get it, check my username.

      But, I do have to agree with you. TNG was the best. DS9 was pretty good for the first 2-3 seasons. After that, it just went downhill fast (although, it is light-years ahead of Enterprise. Blah!). But, when TNG was at its best, it was some of the finest TV around.

      --
      /. is a bunch of nerds at a million typewriters. It's not a political conspiracy determined to undermine your beliefs.
    32. Re:Project still available elsewhere..... by dasmegabyte · · Score: 1

      Well, visiting that link is illegal in the US.

      Slashdot's providing that link is illegal in the US.

      And saintaardvarkthecarpeted.com is a Canadian website. Canada has an extradition treaty with the US.

      So unless Saint Aardvark is ready to move his Ayn Rand postcards to Sealand, he could be in some small amount of shit. He won't be...but that wasn't my point.

      --
      Hey freaks: now you're ju
    33. Re:Project still available elsewhere..... by NaugaHunter · · Score: 1

      1) By purchasing from iTunes knowing the DRM exists, he agreed to the terms.
      2) He stated he is disregarding those terms because he doesn't agree with them.

      I didn't mean to 'put words in his mouth', just illustrate how this view might effect other areas of life. If he didn't like the DRM he could have made the purchase elsewhere.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    34. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 1, Funny
      Any single European women out there who wanna get hitched?

      Quite a few.
    35. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0
      If he didn't like the DRM he could have made the purchase elsewhere.

      Such as where? If there was alternate service, you may have a point. Is there?

    36. Re:Project still available elsewhere..... by NaugaHunter · · Score: 1

      That's an interesting point, but as IANALBIPOTITL* I'm note sure what the result would be. It may be from a strict interpretation you are no longer allowed to use said songs at all, since you wouldn't be able to get your computers authorized. And yes, that would be pretty crappy, but it's already been argued that this agreement had to pass RIAA's lawyers so that would be the way they intended it, whether or not it's enforceable.

      Think of it this way: if we're in an agreement where you can use my drive way, and I terminate it according to the terms, then you'd have no right to use the driveway. And yes, this would throw a whole new set of ammo into the 'Apple's just as Evil!' camp, but it's hard to imagine them being allowed to not intend it this way. True they bury it, but since the only real reason they'd have to break the contract is if the person already breaking their side.

      So they are a corporation w/ lawyers that will coach everything they write in terms most favorable to them, but it's hard to think of a more liberal contract the RIAA would have gone for.

      *I Am Not A Lawyer But I've Played One To Impress The Ladies

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    37. Re:Project still available elsewhere..... by FireBook · · Score: 1

      So, by that arguement, he may wish to murder someone on a 'personal whim', because he doesnt really care about agreeing to abide by the rule of law? get real fgs, not wanting to be shackled by unfair terms of usage does not make a person not care about things like the GPL.

      --
      My other OS is also FreeBSD
    38. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0, Insightful

      Hey, I simply said Fuck You America, for letting it get the way it is. I never assumed you all think of a like-mind, thought I suppose the 'will of the people' line I threw in could could cause confusion. Should have put 'will of the ignorant majority.'

      And that's what it's all about, the ignorant majority, watching CNN and Fox News, consuming like good little automotons.

      I said 'Fuck you Americans' because at some point, enough people just rolled over and let this whole thing go down. Your two parties are corrupt, owned by the same fat cats. Your media perpetuates the concept of 'throwing a vote away' on a third party. Outright fraud (see: disenfranchising, gerrymandering) is overlooked enirely.

      Of course, being a 'radical' only means you're marginalized or outright ignored. You aren't allowed to say both parties suck, or that the whole system sucks, because then noone hears anything you say, just blindly believes you're some kind of anarchist. Hell, even political activism is frowned upon these days (see: 'Tree hugging hippie bullshit' or the general lack of respect that anyone has for any form of protestors, especially when a small number of radicals ruin the message with rioting/looting)

      Bah. I've said this all before. I'm preaching to the choir. Jerking it with the rest of you. Boo-fuckin-urns.

    39. Re:Project still available elsewhere..... by dasmegabyte · · Score: 1, Troll

      Wait...so you're saying by NOT BREAKING THE LAW, nor SUPPORTING OTHERS who break it, I am supporting tyrannical legislation? There's no possibility that I just think it's hypocritical to ignore the laws just because you don't like it?

      Maybe you're right. Prisons, after all, are full of free-thinking anarchists who just wanted to evade barriers to truly free markets. Barriers like taxes, personal property, and insecure front doors.

      Above all else, change happens. The reason India and China are becoming the dominant economic powers is because we don't have proper barriers to truly free markets. You can't hemmorage cash to the third world and not expect to become anemic. People who think like me are going to prevent the change that happens from burying the country. We are going to do so by making it more difficult for the greedy to violate the rights of others and call it "free market." We are going to do so, because unchecked greed has lead to all of the great economic failures in human history. But, you know, keep ignoring the past if it makes you feel better.

      Incidentally, I think it's hilarious that you're complaining about tyrannical legislation, then claiming that we'll be overtaken by India and China. If socialist governments are so damned glorious and efficient, why are you against them?

      (The OSS thing was a reference to some of your other hopelessly ivory tower posts. I like to read up on assholes before I respond to them. I think a personal response is far more satisfying than an offhanded flame.)

      --
      Hey freaks: now you're ju
    40. Re:Project still available elsewhere..... by NaugaHunter · · Score: 4, Insightful

      Such as where? If there was alternate service, you may have a point. Is there?

      Um... a CD, perhaps? We're talking about obtaining music to listen to and use as he sees fit. All iTunes offers are DRM-tied AAC files, which obviously isn't what he wanted. He wanted the price, but not the terms, which is a breach of contract* by any definition.

      * Yes, I'm still making the leap that authorizing payment implies agreement with the Terms of Service and therefore a contractual agreement. It's the same legally as when you buy something off the 'Final Sale - no return' rack. Or buying anything at Best Buy agrees to their Return restrictions that are printed on the wall. Maybe even more so, since you could reasonably claim you didn't see them if you have bad vision and the sales person mentioned them.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    41. Re:Project still available elsewhere..... by NaugaHunter · · Score: 1

      Yeah, that's my argument. If he didn't want to be "shackled" by the terms he shouldn't have used the service. He might fully agree with the GPL, but morally his actions are no different from someone who would take GPL'd code and not abide by the GPL.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    42. Re:Project still available elsewhere..... by suckass · · Score: 1

      The problem in America with the Fat Cats taking over is unfortunatley not the direct fault of the general public. It's because the Fat Cat's hire people to convince congress that it's a good idea to pass these stupid anti-competitive laws and no one ever let's the mass public know so they can elect people into office who will not allow such evil laws as the DMCA. Think about it.... All the news stations are owned by companies who will benefit from the DMCA. That's why no one other than /. users have ever heard of it. The mass public still relies on TV for news moreso than independent (or independent thinking) websites.

      --
      blah, blah, blah
    43. Re:Project still available elsewhere..... by joeblarnystone · · Score: 1

      And this is all relevant because ... what? If he doesn't care about the GPL, what does it matter? It actually has nothing to do with this slashdot post at all.

    44. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0


      Don't be jealous, it's unbecoming.

      Hugs and kisses,
      George Bush

    45. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      Although... Clouldn't a US resident upload the file to a remote server, somewhere like the philipines or milasia? Or would that be illegal because the person that owns/rents the server in the forign country is a US citizen?

    46. Re:Project still available elsewhere..... by Zugok · · Score: 1

      I said 'Fuck you Americans' because at some point, enough people just rolled over and let this whole thing go down. Your two parties are corrupt, owned by the same fat cats.
      They're called the Patriots, and as Snake, and Otacon found out, they've been dead for over a hundred years, and they're still running the show. Snake, Snake, Snaaaaaaaaaaaake.

      --
      "I just can't sit while people are saying nonsense in a meeting without saying it's nonsense" J Watson, Sci Am 288:(4)51
    47. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      eat a dick.

    48. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      and if he violates that agreement, what happens exactly? he can't buy any more songs? the humanity!

    49. Re:Project still available elsewhere..... by Arkaein · · Score: 1

      Wrong.

      1) As far as the GPL goes, the GPL grants additional rights beyond those normally given to copyrighted material. It does not take any rights away. Also, the GPL applies only to distribution and not personal use. DRM affects personal use in addition to distribution.

      2) Many terms of service, lisencing agreements and other "contracts" (I use this term loosely, as both parties do not have the option to negotiate in these cases) often contain clauses that are not legally enforceable. Payment DOES NOT constitute a BINDING agreement in these cases.

    50. Re:Project still available elsewhere..... by NoMoreNicksLeft · · Score: 1

      Shame there is so little interest in Metanet. I long for the day some legal dept. weeny tries to figure out how to C&D a a software project hosted there...

    51. Re:Project still available elsewhere..... by flossie · · Score: 1
      Shame there is so little interest in MetaNET

      Interesting stuff. I haven't come across Metanet before now. One definite problem appears at the end of the page, however. The notion that you should be able to prove your (online) identity is probably incompatible with an anonymous network that is intended to antagonize governments. Here in the UK, the police already have draconian powers to force people to (silently) hand over their encryption keys. I have no doubt at all that even more draconian legislation would be introduced to combat something like Metanet; to succeed it would really need to be impossible for the courts to force someone to incriminate themselves.

    52. Re:Project still available elsewhere..... by NoMoreNicksLeft · · Score: 1

      Ah, but you can indeed have a permanent (or several) identity that is essentially anonymous. All you need to do is be able to prove that you are the same anonymous guy #718 that said something last week... rather simple, with crypto keys.

      As for even more draconian laws being passed, well, there's not much that I can say on that issue. You're likely right. Even then, I'm going to make it tough for them to screw with meta. If you'd like, I'm sure I could arrange a tour of the network for you...

    53. Re:Project still available elsewhere..... by Abcd1234 · · Score: 2, Informative

      Don't understand how extradition works, do you? Repeat after me: A country will never agree to extradite someone for breaking a law in another country unless they were physically in the other country when the law was broken. To put it another way, a Canadian in Canada will not be extradited to the US for doing something in Canada that is against US law.

    54. Re:Project still available elsewhere..... by scott_davey · · Score: 1

      Canada has an extradition treaty with the US.

      IANAL, but *extradition* is only relevant if the person they are seeking fled from the US to Canada. They can't extradite a Canadian for breaking US law - only US people who fled to Canada.

      This has been discussed before with a denied US extradition request over an Australian pirating US software.

    55. Re:Project still available elsewhere..... by dasmegabyte · · Score: 1

      Well, think about it this way: it's illegal to traffic drugs into the country. It's illegal to smuggle money out of the country. US law doesn't give a wet snap about posessing drugs in another country, but they don't need to -- you've committed two worse crimes already.

      So, in the case you mentioned, the foriegn server would be okay. But posessing and uploading offending materials would be illegal, as would downloading and retaining them.

      So the foreign server is really no help at all from a legal standpoint. From a logical standpoint, it makes sense when combined with secure and anonymized transmissions. They don't know what you put up there. They can't check to see what's there. They can't find out who got stuff from there.

      If this sort of thing appeals to you, visit freenetproject.org. Me, I've got my hands full with legal pursuits, I don't have the time nor the passion to devote to breaking a service I like.

      --
      Hey freaks: now you're ju
    56. Re:Project still available elsewhere..... by That's+Unpossible! · · Score: 2, Interesting

      I like to bitch about what is wrong with the government here also, but I'm not so fed up that I think there is another country out there that is better overall than America.

      So why are you still here? Honestly?

      --
      Ironically, the word ironically is often used incorrectly.
    57. Re:Project still available elsewhere..... by kayen_telva · · Score: 1

      I agree with you, except that the GPL is an open style license. You can do whatever you want with GPL software, even sell it. Fairplay is a closed style of license and you cannot do whatever you want with it. You are totally right that its hypocritical. Hard one to work out because I agree with both sides.

    58. Re:Project still available elsewhere..... by Ender+Ryan · · Score: 1, Insightful
      Bottom line, you stepped up in support of the DMCA, AND you supported that by saying, "some of us are in it for the money", AND you threw some OSS flaimbait into the mix as a nice little strawman, AND you stated that what the other posters were doing was illegal, when that is actually not the case in most of the world, and is yet to be proven here.

      The OSS thing was a reference to some of your other hopelessly ivory tower posts.

      What the fuck are you talking about? Yes, I do indeed support OSS, and contribute to OSS projects, but I am certainly not an OSS zealot by any means.

      Meh, whatever. You just really came off as an asshole, so I responded in kind.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    59. Re:Project still available elsewhere..... by bersl2 · · Score: 1

      The Constitution is a piece of paper.

      What's important is the spirit with which it was made. That's what's in short supply here in America and elsewhere.

    60. Re:Project still available elsewhere..... by Resound · · Score: 1

      So I suppose when doctor's fees go up (hey, that's what private health insurance is for, right?) and health insurance premiums go up (damn greedy doctors) then anyone who can't find a job or is trying to study or simply has a shitty income can go fuck themselves if they EVER need medical treatment?

      Some things are basic requirements in a developed society (water, food, shelter, medical treatment, electricity, probably phone, in approximately that order) some things are not (cable TV, broadband, SUVs, booze, cigarettes etc). Any government that claims to actually have the wellbeing of the population at large as a priority will ensure that neccessary things are available at a minimum reasonable level. If you want more, fine, go work for it. If you want cosmetic surgery, pay for it yourself. If, on the other hand, you're incapacitated through illness, how the hell are you supposed to pay for the medical treatment that you need to allow you to function well enough to get a job. Oh, and if you think that's a rare occurance, you're deluding yourself.

      The health system here (Australia) is not what it should be, but at least it's still available to anyone that walks through the door. The idea that as a citizen of the country, one could be refused needed treatment is terrifying, and the uproar that would happen here were it proposed would be huge.

      Of course, if you want to toss a century's worth of social advancement out the window then you'd deserve everything you get. That doesn't mean that everyone around you does though.

    61. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      It's in their terms of service, and is a contract/license that is fully enforceable

      Even though it's in violation of the Fair Use provisions of the Berne Convention? I don't think you can write something into a contract that violates a federal law, but I'm not a lawyer, nor do I have ten million dollars to fight it out with Apple.

    62. Re:Project still available elsewhere..... by mpe · · Score: 1

      It's because the Fat Cat's hire people to convince congress that it's a good idea to pass these stupid anti-competitive laws and no one ever let's the mass public know so they can elect people into office who will not allow such evil laws as the DMCA.

      Even if the US public wanted to put people into office who would do something else they would have a hard time. Since the process of getting people's names onto ballot papers ("Primary elections" being a good way to eliminate radical candidates whilst giving the appearance of increased democracy), even increasingly the process of voting, is something the same "Fat Cats" can influence.

    63. Re:Project still available elsewhere..... by mpe · · Score: 1

      Many terms of service, lisencing agreements and other "contracts" (I use this term loosely, as both parties do not have the option to negotiate in these cases) often contain clauses that are not legally enforceable.

      It's basically a matter of "bluff calling" on the assumption that most people will not know what actually is and isn't legally enforcable. Quite possibly not even every lawyer would give the correct interpretation.

    64. Re:Project still available elsewhere..... by mpe · · Score: 1

      Even though it's in violation of the Fair Use provisions of the Berne Convention? I don't think you can write something into a contract that violates a federal law,

      Laws trump contracts, not the other way around. You can write whatever you like into a contract, but unless it is allowed to be part of a contract by applicable statute and case law then that clause is completly unenforcable. Trying to sue someone for breaching a void term in a contract will at best get the case thrown out of court (at worst the judge can have you locked up.)

    65. Re:Project still available elsewhere..... by Alsee · · Score: 1

      no longer allowed to use said songs at all

      They sold you a copy. You own it.

      wouldn't be able to get your computers authorized

      Your computers were already "authorized". If you drop your internet conection they still work. They don't magically stop working when Apple closes your account and revokes the contract.

      this agreement had to pass RIAA's lawyers

      Yes, and while the RIAA cartel has been abusing a restraint of trade so they can impose the rules they want, Apple's lawyers were actively battling them on the DRM crap. I think the RIAA was uncommonly lax in imposing terms with Apple because they didn't take the minor Mac market seriously. They had their panties in a knot about the 90-odd percent of Windows machines and P2P running on Windows.

      Think of it this way: if we're in an agreement where you can use my drive way, and I terminate it according to the terms, then you'd have no right to use the driveway.

      Right. Execpt that's NOT an accurate analogy.

      The accurate analogy would be an agreement for you to build me a driveway and provide service cleaning that driveway. I own the driveway. The contract here is that I agree never to park a boat or horse-drawn carridge in the driveway. (You don't want to cleanup after sea sludge and horse manure.) If I violate that contract the penalty is that you can terminate the cleaning service and the contract.

      It's the constant flawed lagic based on thinking that Apple (or the RIAA) as the owner. The RIAA only owns the copyright. The RIAA licences Apple to create copies. You are the owner of the individual copy on your harddrive. US copyright law deals specificly with the distintion between ownership of a copyright and ownership of individual copies. The owner of the underlying media is the owner of the copy.

      Apple's just as Evil!

      Apple is only 'evil' in that the only way they could go into the business was by submitting to terms dictated by the RIAA. I personally refuse to buy a DRM'd product from Apple or anyone else, but I do give them some credit for battling against RIAA's draconian terms as far as they could.

      the only real reason they'd have to break the contract is if the person already breaking their side

      False. As I indicated in my post they also reserve the right to do so if they have reason to suspect someone has gotten your password or what-not. It is not a violation of the contract for you to 'innocently' report to Apple that you caught one of your friends attempting to get into your account, and that you don't know if they managed to get the password or not. Rather than creating a new account you'd rather simply terminate.

      I think the DMCA is unconstitutional and that the entire issue is a load of crap, but I find it most amusing that there does appear to be way to use PlayFair without violating the terms :D

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    66. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      The problem with DS9 was that it was too good for the Trek format (where a reset button was expected at the end of every episode). Actions actually had consequences, and for the first time, you had a realistic political situation, and believable espionage and war story arcs. The episodes "Visitor", and a couple of others were among the best Trek eps ever, along with TNG's "The Inner Light" and TOS's "City on the edge of forever". And I disagree about which seasons were best; DS9 was slow in the first season and the next two had some good episodes, but the main story arc hadn't started. Only later did it get all gritty and really good.

    67. Re:Project still available elsewhere..... by goodbye_kitty · · Score: 1

      Excuse me....Russians are Russians, not Europeans.

    68. Re:Project still available elsewhere..... by goodbye_kitty · · Score: 1

      ...hope you mean 'Malaysia', thats not even close to being a mere typo honey.

    69. Re:Project still available elsewhere..... by Anonymous Coward · · Score: 0

      It has not been proven usage is illegal in the USA either. Apple just claims so...

    70. Re:Project still available elsewhere..... by siriuskase · · Score: 1

      The problem with the US is that the bulk of the responsible people work long hours with very little vacation, have time-consuming commutes, kids to raise, etc. They barely have time to read the news, much less get involved in a political system that has huge hurdles to those who don't have a business interest in being involved.
      And then there is the "bipartisan system" which would be illegal in any other industry. The Justice Department would get involved quite actively if IBM and Microsoft ran the computer industry as a duopoly.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
    71. Re:Project still available elsewhere..... by John+Poindexter · · Score: 1
      Anonymous Coward wrote: "To think the rest of the world looked at the US Constitution with envy and emulated it, only to see it ignored by corruption and ignorance."
      According to Charles Adams in his book, "When in the Course of Human Events," none of the nations formed since the Rebellion (incorrectly called the Civil War) adopted the US Constitution as a model. Most chose the British parlimentary system.
  2. Didn't see that one coming? by Anonymous Coward · · Score: 2, Funny

    Funny, everyone else did.

    1. Re:Didn't see that one coming? by Anonymous Coward · · Score: 0

      Funny, everyone else did.

      Like everyone else understood the sarcasm?

    2. Re:Didn't see that one coming? by ackthpt · · Score: 2, Insightful
      Funny, everyone else did.

      Indeed. I'm also counting the days until this shares a similar fate.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:Didn't see that one coming? by hoggoth · · Score: 0, Offtopic

      Run, Forest, run...

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    4. Re:Didn't see that one coming? by Anonymous Coward · · Score: 0

      Como esta? El yay!

      -Eduardo Especial

  3. Apple making the same dumb mistakes. by ln+-sf+head+ass · · Score: 5, Insightful

    By trying to sue something off the Internet, you only ensure its wider propagation and interest among people who otherwise wouldn't have cared. I'll be sharing a tarball on eMule immediately. Come and sue everybody, Apple.

    1. Re:Apple making the same dumb mistakes. by bl4nk · · Score: 1

      In other news, it has been reported by some anonymous sources that Apple and the Recording Industry Association of America (also known as the RIAA) have banded together for a "Sue the Planet" campaign. Apple will apparently be first targeting those who are proliferating 'FairPlay' over P2P networks.

    2. Re:Apple making the same dumb mistakes. by ln+-sf+head+ass · · Score: 1

      LOL :). I'll hold my breath. The nice thing about being a CS student in the U.S. is being judgment proof. Given trends towards outsourcing, I'll probably be able to maintain that status as long as necessary after graduation.

    3. Re:Apple making the same dumb mistakes. by grioghar · · Score: 0, Troll

      It's shit like this that will only serve to reinforce hardware-based DRM solutions that will lock you out even more.

      Thanks for being a prick and ruining it for everybody.

      I've got some Karma to burn, so mod as you like. Pulling the "I don't care, I'm gonna do it anyway" attitude will only solidify the **AA's fear and interest in making it near impossible to move digital content around.

      FairPlay has been more than reasonable in use, IMHO.

      --
      Can you ping me now? Gooood! | Manhappenin.Net - Things to do
    4. Re:Apple making the same dumb mistakes. by ln+-sf+head+ass · · Score: 4, Informative
      Hardware based solutions will:
      • not be accepted in the marketplace--information moves too fast for even today's sheep-like consumers to be fooled that easily
      • be cracked anyway
      The industry is still making billions of dollars a year selling Red Book CDs with no DRM. But they want to move towards a pay per play model with DRM. And I'm the prick?
    5. Re:Apple making the same dumb mistakes. by b-baggins · · Score: 1

      One word: v-chip. No one wanted it. Congress mandated it. All TVs now have it.

      All it takes is an act of congress and all computers have it. End of story.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    6. Re:Apple making the same dumb mistakes. by ln+-sf+head+ass · · Score: 2, Insightful
      All it takes is one person to publish a means, and it is trivially disabled. End of story.

      And the v-chip doesn't lock down what the owner of a TV set can do, which is probably why it wasn't violently and widely opposed like the SSSCA, the CBDTPA, and any successors will be.

    7. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0
      And no one uses it.

      Bonus question: would setting the v-chip to the most restricted setting stopped little kiddies (and sensitive wags from Tennessee) from being exposed to JJ's breast?

      Answer: No. Sports and news are exempt. Not very effective, eh? That's what you get when you combine incompetent government with technology: a half-ACK solution. ;)

    8. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      The V-chip is actually quite useful, it allows your TV to display the rating of the shows on screen. So you can quickly flip through the channels until you find a soft porn (18+) movie or TV show (assuming such programming is available in your area).

    9. Re:Apple making the same dumb mistakes. by OYAHHH · · Score: 0, Flamebait

      This,

      Is truly the definition of a mob mentality. The person is basically saying "We are going to take your property and there is nothing you can do about it."

      I don't know where "ln -sf head ass" is geographically located, but in the USA we have courts and trials and juries for deciding these sorts of issues. And for good reason. It used to be that the King of England could come into your home and force you to give up your food and shelter for one of his soldiers.

      The attitude displayed is no better than the King of England's.

      What if Microsoft suddenly decided to come in and take the GNU compiler as it's own? distributing it as a freebie in it's operating system and putting this or that limit on it. SCO is apparently doing that right now with Linux.

      The outcry would be tremendous from the Slashdot community.

      What this person is espousing is exactly the same sort of thing. Taking, or enabling the taking of, property and changing the rights to it and distributing it as their own.

      Anyone who believes in this sort of mayhem should be ashamed of themselves and look very closely at what type of world they really want to live in.

      One of chaos or one that at least has some sort of respect for another's space.

      --
      Caution: Contents under pressure
    10. Re:Apple making the same dumb mistakes. by Lord+Kano · · Score: 1

      I never had an interest in this until 5 minutes ago, since Apple is playing heavy, I just downloaded the tarball.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    11. Re:Apple making the same dumb mistakes. by vegetablespork · · Score: 1

      What property are you talking about? Did Apple write the program that they're DMCAing?

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    12. Re:Apple making the same dumb mistakes. by Roxton · · Score: 1

      Yeah, right. Do you know how big a pain in the butt it was to find a copy of QTFairUse.tar.gz after it got pulled off the NanoCrew site? I don't know the circumstances under which nanocrew removed the code, but it took me a long time to dig it up. I don't think the average user would go through that much trouble.

      Huh, interesting. NanoCrew came back up. It says to use VLC, which claims to support the MP4 format. Can anyone confirm that this software package plays encrypted AAC and perhaps even lets you save it as unencrypted AAC?

      <a href="http://www.nanocrew.net/blog/apple/qtfairuse .html">http://www.nanocrew.net/blog/apple/qtfairus e.html</a>

    13. Re:Apple making the same dumb mistakes. by Roxton · · Score: 1

      Silly Roxton. Hit the preview button.

      http://www.nanocrew.net/blog/apple/qtfairuse.html

    14. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      Funny, because Microsoft does distribute GCC as a "freebie" -- go download "Windows Services For Unix".

    15. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      You,

      Obviously didn't read the post very well.

      It says it would be a problem if MS took the GCC compiler, changed the terms of distribution, and then distributed it on their own terms.

      Which is the same as agreeing to Apple's terms concerning the music posted on their site, downloading the music, changing the copy protection (which the downloader previously agreed not to do), then possibly distributing it freely without any terms.

      Both examples are the same thing, in essence.

    16. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      As long as the masses still carry on using their neutered computer hardware, it doesn't really matter what a handful of computer geeks do.

    17. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      Why is the parent modded as flamebait? This is classic /. hypocrisy...

    18. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      > Both examples are the same thing, in essence.

      No, because the GPL is not a use license (EULA), whereas iTunes is.

      I don't see how you can equate restricting rights with expanding rights. Seems to be fundementally faulty thinking.

    19. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      The GPL is exactly a use license and nothing more. It certainly isn't a contract or anything else.

      Go take a business law course and learn what is a license and what is a contract, etc.

      The point is that unless explicit permission is given, it is not anyone's perogative to blindly change licensing for a product which is not their's in the first place.

      And BTW, if you haven't noticed the GPL is an incredibly restrictive license. And that was the point of the GPL in the first place. To restrict the usages of the products to which it is being applied.

      If the GPL were truly expansive in nature then it would say something to the effect of "You can take this code and do whatever you want to with it".

      But, the GPL actually says that "You may do this and you may not do this and you must do this....."

      Saying you must do something is effectively saying you cannot do it's opposite.

    20. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      I could understand what you're saying, if that was even the Purpose of this program. You've been misinformed if you think that the author of the software is even trying to distribute anything besides his own program.

      Make no mistake, though apple may have a patent on the technology, this program is not a copy of something apple owns, and doesn't even implement something that apple does (since, apple doesn't have a tool that removed DRM from their files)

      You're obviously under the impression that the point of this program is to make it possible for anyone to get an apple DRM'ed song file, and "crack" the decryption with this program.

      This, though, is a crucial misunderstanding. Cracking would imply some kind of reverse-engineering, doing something OTHER THAN just decrypting the file. If I send my friend a PGP-encrypted email, and you intercept it, and decrypt it without my private key, you've "cracked" my email.

      Now, if I send my friend the email, and I send YOU my private key, AND my email, and then you use PGP to decrypt my e-mail, you haven't "cracked" my e-mail, you've Decrypted it through the normal method.

      THIS is what the program does. It REQUIRES you to have an authenticated PC or iPod, and it REQUIRES you to find and use the decryption key FROM THAT iPod or PC at the time you decrypt files.

      This means:

      I cannot get on KaZaa, navigate to someone's iTunes directory, download their DRM music, and use this program to decrypt it.

      I cannot get on KaZaa, nagivate to someone's iTunes directory, download their DRM music, and use this program WITH MY OWN private keys from MY OWN itunes or ipod to decrypt THEIR files.

      the ONLY THING i can do, is Decrypt My Own iTunes Files With This Program.

      FINALLY, if I were to THEN decide to put the DRM-less files onto a p2p network, I would THEN be doing something legally questionable. Unless I'm canadian.

    21. Re:Apple making the same dumb mistakes. by Anonymous Coward · · Score: 0

      > The GPL is exactly a use license and nothing more

      No, it's a distribution license. Use is explicitly not covered. Unlike iTunes.

    22. Re:Apple making the same dumb mistakes. by nolife · · Score: 1

      hardware-based DRM solutions that will lock you out even more.

      Yeah, and that will take how much longer to bypass? Hardware has been hacked since the days of the first cable boxes starting getting popular in the 70's and I have no reason to believe it will suddenly stop when hardware DRM comes around.

      Pulling the "I don't care, I'm gonna do it anyway" attitude will only solidify the **AA's fear and interest in making it near impossible to move digital content around.

      Near Impossible? See above.
      The DMCA, DRM, Copyright extensions, Broadcast Flag, Regional DVD's, various CD copy prevention schemes and many others are there for copy prevention but there are many other advantages the media compaines get from it. Mainly, protection of their current business model of creation and distribution and airplay control and to get your money more then once. Think about payola, comments from the media executives in yesterdays article about collaborating to raise prices of online media, fighting to block "local" low power radio stations, bundling stations on cable and others. You may like the way things and see nothing wrong with them, many people do not like it and do not want to wait until it is too late.

      --
      Bad boys rape our young girls but Violet gives willingly.
  4. Looks like by sobriquet · · Score: 0, Offtopic

    it has been mac/.'ed

  5. They're not playing fair... by garcia · · Score: 2, Insightful

    Apple created a piece of software that doesn't allow people to play the music their paid for on the devices of their choice.

    What this program is is not circumvention... It's fair use.

    1. Re:They're not playing fair... by twbecker · · Score: 5, Insightful

      Just to play devils advocate, it's not as if people who bought their music from Apple weren't aware of the "limitations" of it's use. If they were, then it's no one's fault but their own.

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    2. Re:They're not playing fair... by wankledot · · Score: 5, Insightful
      "play their music"

      No, it's not "your music." You have certain limitations on what you can do with it, like it or not, because you bought it from Apple with those limitations. Don't like it? Don't buy it from them.

      I don't like what Apple did (with this lawsuit), but changing the facts to suit your argument doesn't do you any good.

      --
      My sig is blank, I typed this by hand.
    3. Re:They're not playing fair... by Drakino · · Score: 4, Insightful

      Apple created a piece of software that doesn't allow people to play the music their paid for on the devices of their choice.

      It's also clearly stated what these limitations are ahead of time. Last I knew, you could burn any song you bought from Apple onto a music CD, and play that. Or rerip that back to an MP3 to put on device X.

      Oh, wait, the quality goes down, right? Well, explain what device it is that has AAC audio playback capabilities? There are very few beyond the iPod, so having the raw AAC does most people very little good, since it would still have to be transcoded into another format.

      I don't like the idea of DRM and the DMCA much, but the print on the front door was pretty clear. Don't like it? Don't shop there and instead go buy a CD.

    4. Re:They're not playing fair... by Anonymous Coward · · Score: 3, Insightful

      When you downloaded the song from iTMS you agreed to the terms of use of the song. You knew from the beginning that you had to play by Apple's rules about what device the music can be played on; and you agreed to it. To come back later on and say that you should be able to circumvent that agreement is wrong.

    5. Re:They're not playing fair... by Anonymous Coward · · Score: 0


      I think not my friend.

    6. Re:They're not playing fair... by garcia · · Score: 5, Interesting

      We are allowing for bad precedents to be set. The more we allow to slip out the more we will lose. Are we going to allow shrink-wrap EULAs on CDs when we open them now? "This CD is the only medium you can listen to this music on. You may not encode, rip, record via analog, etc"?

    7. Re:They're not playing fair... by JohnGrahamCumming · · Score: 4, Insightful

      No, it's not fair use. When you buy music from Apple you are buying it under a specific contract and by buying it you are accepting the terms of that contract which limits the use of the music. Don't like the terms, don't get it from Apple.

      Flip this around and imagine that I decide to circumvent the GPL by taking a piece of GPL software and using its source in piece of closed source commercial software. Wouldn't like that now, would you?

      Now imagine that the I cry "fair use" (i.e. I didn't like this nasty GPL license so I decide to circumvent it). Doesn't sound so good, huh?

      John.

    8. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      The people buying music from iTMS are entering into an agreement about what rights and restrictions they have with the music they "purchased". If they don't agree to those restrictions then they should not be buying music there.

      This program defeats those restrictions and is at least against the rules agreed to in the iTMS contract if not the DMCA and other US copyright laws. I personally have no sympathy for people who enter into an agreement such as this and then whine about not having full control over the music they "purchase". If you don't like the agreement then go buy the actual CD or better yet, the vinyl version.

    9. Re:They're not playing fair... by MP3Chuck · · Score: 3, Interesting

      But therein lies the problem of the DMCA... True "Fair Use" becomes criminal.

      Strange thing is, this program just quickens what one could already do. I could very easily burn my MP4's to CD, then rip back to MP4 and (if done right) there will be little or no loss. But the bottom line is that PlayFair reaches an ends equal to what one could do with iTunes.

    10. Re:They're not playing fair... by Beatbyte · · Score: 1

      So you're saying they sold them the music claiming they could play it on any device?

      NO, they did not. They knew what they bought and this is only going to promote piracy.

      I understand there are going to be a few users who use it legitimately but its going to be a very marginal amount.

    11. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      "You have certain limitations on what you can do with it, like it or not, because you bought it from Apple with those limitations."

      Fair use trumps those limitations.

    12. Re:They're not playing fair... by wfberg · · Score: 5, Insightful

      "play their music"

      No, it's not "your music."


      It's our music. All of us. The record companies just have it on loan for the duration of their copyright, which, unfortunately for us, keeps getting extended.

      --
      SCO employee? Check out the bounty
    13. Re:They're not playing fair... by Orgazmus · · Score: 1

      Well, I want you to be right, and you should.
      But the deal is one piece of music software that can be played on any of the players apple wats it to be played on. Legally they are in their full right.
      But when it comes to fair use apple are legaly fubar.

      --
      The system had the verbosity of HTML combined with all the readability of compiled assembly viewed as bitmap images
    14. Re:They're not playing fair... by JTFaustus · · Score: 2, Insightful

      How do you figure? The music really belongs to the person who created it, regardless of copyrights or anything else.

      --
      rm -rf /root/allevil
    15. Re:They're not playing fair... by Fulcrum+of+Evil · · Score: 1

      No, it's not "your music." You have certain limitations on what you can do with it, like it or not, because you bought it from Apple with those limitations.

      It's mine. I paid for it. Just because it's bits doesn't invalidate the doctrine of first use.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    16. Re:They're not playing fair... by briaydemir · · Score: 2, Informative

      Hate to break it to you, but by buying the songs, you (or whoever bought them) agreed to the following restrictions (which I cut and paste from the iTunes Music Store Terms of Service).

      b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.

      Usage Rules.

      Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

      You shall be authorized to use the Products only for personal, noncommercial use.

      You shall be authorized to use the Products on three Apple-authorized computers at any time.

      You shall be entitled to export, burn or copy Products solely for personal, noncommercial use.

      Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product.

      You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

      The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

    17. Re:They're not playing fair... by LookSharp · · Score: 2, Insightful

      I don't like what Apple did (with this lawsuit)

      *Looks around...* Lawsuit?

      What lawsuit?

      A Cease and Desist letter stating believed copyright infringement (per the DMCA) is not a lawsuit.

    18. Re:They're not playing fair... by Mr.+McGibby · · Score: 2, Insightful

      If the person who "created" it actually created the *whole* thing, then yes, it's his. But that's not how it works. Every creative work is derivative in some way. That's why copyrights expire. Because the creative work we create is a shared resource. It was created based on other work.

      --
      Mad Software: Rantings on Developing So
    19. Re:They're not playing fair... by MoneyT · · Score: 1

      Negative, because you have to read the license and agree to it BEFORE you pay any money to the Apple store, where as a shrinkwrap license you've already payed for the product.

      --
      T Money
      World Domination with a plastic spoon since 1984
    20. Re:They're not playing fair... by Casualposter · · Score: 1

      Beyond the extra step of buring tunes bought on Itunes onto a CDR, what can't you do with the music? I can rip the CDR to any other format I've tried, so what's the big deal? Plays just fine on my winders-EX-PEE@work as well ripps to MP3. The convienence of the download service is worth more than the inconvience of buring and then re-ripping--but that's just my opinion.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    21. Re:They're not playing fair... by jamonterrell · · Score: 1

      I agree. In my mind this application is very similar to one of those fake-cassette tape thingies that allow you to play a cdplayer through a car stereo that only has a cassette deck. All I want to do is play my music on my PocketPC PDA which doesn't have a cd player, or in this case, an AAC player.

      Jamon

      --
      I can count to 1023 on my hands. Ask me about #132.
    22. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      you're being stupid. Don't post dumb shit when you know what someone is talking about. Playing semantics is dumb.

    23. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      Absolutely correct however during that period of the "loan" the music is indeed property of the record companies. After copyright expires you are free to do it what you wish, but before you have to play by the rules.

      Being temporary doesn't make it any less valuable.

    24. Re:They're not playing fair... by Enry · · Score: 1

      At least now I have a choice. Pay less, have a slightly more restrictive license, or pay more and get a physical CD. Before iTMS, the only option was to buy the CD.

      Even so, iTMS allows you to burn the CD and license up to 4 machines. Given the CDs I purchase says I can't make any copies of it, iTMS may have a less restrictive license than regular CDs.

    25. Re:They're not playing fair... by jellomizer · · Score: 1

      Part of the price is the agreeing to the agreement.

      Money is just a common agreement. It doesn't really physically exist, sure you can get a piece of paper or a coin saying you now have X dollars, but these are notes not really the money. The value of money is an agreement of the majority. So when you buy a product and you have to agree to the agreement to buy it the agreement is part of the price of the product. We will give this to you if you agree to give us 1 dollar (which is considered to be the value of how much you work plus the job you do) and agree to do something. Now if you lied to an agreement such as not following the coping policy then you not completely paying the agreed price for the product. So it is the same as agreeing to pay 2 dollars for the song and only giving them one.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    26. Re:They're not playing fair... by tap · · Score: 1

      What you're talking about isn't fair use. Making copies for personal use to change formats is fair use. Make copies to distribute for money is not fair use. It's a very obvious distinction.

    27. Re:They're not playing fair... by elmegil · · Score: 4, Insightful

      If I don't distribute the results, I can do whatever the hell I want with the code, and be completely within my GPL license. How is this difference from me breaking my Apple files free so I can listen to them on an MP3 player when I jog? My wife buys plenty of music from the iTunes website and we have no iPod for portability, and no desire to spend $200+ to get one. As long as she's not distributing the music once ripped, it IS fair use.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    28. Re:They're not playing fair... by sir_cello · · Score: 4, Insightful

      It's not so black and white. On the one hand, you are licensed the music under an agreement, so they are free to use technological measures to effect that agreement. However, legally they can only do that to the extent allowed by copyright law: copyright law allows fair use, so you are allowed to make fair use. Such a program enables you to make fair use (as much as looping an analog cable from your speaker back into the mic does as well), but of course it also enables you to do other things that violate the license agreement -- and this fine line is the important one.

      The same goes for dual VCR's which were opposed when initially marketed, but couldn't be suppressed because although they could be used to do wrong, they can also be used to do right: and the courts can't allow the device to be suppressed just for this reason, otherwise they'd be able to suppress knives and all sorts of things that have dangerous uses.

      Something like PlayFair would make a fantastic test case to see how the courts draw the line between the users right to effect some means for fair use, because it's a large debate at the moment about how technological measures suppress legitimate fair use, and there's surely a fine line between the DMCA rights management provisions and the allowance for fair use that we need some enlightened opinion on - until we get that opinion we have so much FUD.

    29. Re:They're not playing fair... by DrewBeavis · · Score: 2, Insightful
      By this same logic I could get upset that the Xbox games I paid for and legally own I can't play on my PC. When you download iTunes AACs, you know up front that they play on the iTunes app and iPods only. I don't think that it is fair to bash Apple in this. If you don't like it, don't buy them. Isn't everyone always saying that the free market decides these matters? If that is the case, the people complaining are in the minority since Apple is the market leader.

      Will Apple STAY the leader? Maybe not if enough people buy other products that allow wider use. Until then...

    30. Re:They're not playing fair... by badasscat · · Score: 2, Interesting

      Just to play devils advocate, it's not as if people who bought their music from Apple weren't aware of the "limitations" of it's use. If they were, then it's no one's fault but their own.

      And FairPlay is the main reason I never signed up for the iTunes store. I have 4 PC's at home alone, and one PC at work - what, I can only play the songs I purchase on 3 of them? Sorry, but that's BS.

      Something like PlayFair would actually encourage me (and people like me, of which I know there are a lot on this site alone) to download music from iTunes. I want Apple's quality, I want the convenience, and I want to be legal. Why do Apple and the RIAA insist on making it so hard for me to use their service?

    31. Re:They're not playing fair... by asdfghjklqwertyuiop · · Score: 1
      No, it's not "your music." You have certain limitations on what you can do with it, like it or not, because you bought it from Apple with those limitations.


      Is there some sort of agreement that apple has with its customers that says that the music they purchase remains the property of someone else even after they paid for it?

      My toyota has certain limitaions on what I can do with it. It can't go 200 miles per hour. But I could modify it to do so... because it is my property.

    32. Re:They're not playing fair... by iminplaya · · Score: 1

      Flip this around and imagine that I decide to circumvent the GPL by taking a piece of GPL software and using its source in piece of closed source commercial software. Wouldn't like that now, would you?

      Damn copyright drones love to throw this argument around like candy. It's so tiresome, and it's BS. There is nobody here that has even slightest idea on how much GPL code is inside you average MS or Adobe or Symantec product. (unless, you're a developer there) It's sealed up tight and you would have to "break the law" to find it. Which would mean you couldn't use it as evidence in court. It would be the same as the cops using illegally gained evidence in a trial.

      --
      What?
    33. Re:They're not playing fair... by 4r0g · · Score: 2, Interesting
      Winamp 5 plays AAC. Many new mobile phones play AAC since it's one of the 3GPP standard streaming codecs as well as being part of the MPEG-4 standard. RealPlayer plays AAC. AAC is quickly establishing itself as the de facto codec for at least commercial music content, although WMA is strong in CE devices.

      But I agree with your first point. Apple is being very honest wrt what the limitations are, and since they are more flexible and honest than others, they have succeeded with their DRM.

      --
      - 4r0g
    34. Re:They're not playing fair... by sir_cello · · Score: 2, Insightful


      Sorry - you fundamentally misunderstand the way the world works: contractual rights cannot in any way supress legislative rights; meaning that even if you _agree_ knowingly to a contract that has a clause saying "you can't fair use this work", then that clause is unenforceable by the other party even though you agreed to it.

      You can in fact make fair use of GPL'd work, btw.

    35. Re:They're not playing fair... by MushMouth · · Score: 1

      Sorry it is not "Fair Use". Fair Use involves parody, criticism, and education. Personal copies are cover by the "Home recording act"
      See Stanford's Copyright Page

    36. Re:They're not playing fair... by the_2nd_coming · · Score: 1

      so, you can't make a cd image via itunes and then reencode the music?

      I can.

      --



      I am the Alpha and the Omega-3
    37. Re:They're not playing fair... by sploxx · · Score: 1

      With about the same argument, you can justify slavery by letting the slave sign a contract with his/her master.

      Not that it is about slavery here, but there are certain areas which should IMHO not be the subject of a contract.

      Included here is/should be the right to do whatever you want with your music in your own four walls! This is elementary, I think.

      Going further, you may ask if eavesdropping private communications (i.e. filesharing) should be allowed to find file sharers. Or, put in another way, if privately swapping files should be simply allowed/not considered a crime severe enough to allow eavesdropping by the government (or worse, the RIAA).

      My personal answer here would also be a clear "privacy is vastly more important than the profits of the music companies".

    38. Re:They're not playing fair... by frodo+from+middle+ea · · Score: 1
      Why is this moded Insightful ?
      The parent poster has no idea what fair use means, Fair use Does NOT mean , taking someone's product and using it for commercial gain. Fair use means the ability to make backups and multiple copies for strict personal (your self and family) use only.

      Now If I take a GPLed program, tweak it to my tastes and use it on my own PC, without submitting back the changes, it is NOT a violation of GPL.

      But on the other hand I make a commerical closed source product using a GPLed code written by someone else and sell it that is a blatant violation of GPL, much like if someone were to use Fairplay to decrypt the aac files bought from iTunes and play them at a club or a bar.

      The saddest effect of DMCA is that people no longer understand what fair use means. Next thing you know, there would be laws against having your earphone volumes too loud, less someone sitting next to you might hear the music.

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    39. Re:They're not playing fair... by cens0r · · Score: 1

      Fair use says that you can make copies of your cd's for personal use. You can also rip said songs to mp3, ogg, flac, or whatever. How can you even say iTMS has a less restrictive license than a regular CD with a straight face?

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    40. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      Oh really?

      Why's that?

      Is that some natural law, that once you've thought of something, you can control who's allowed to think/hum/enjoy it?

      You're welcome to keep it to yourself if you don't want anyone to hear it.

    41. Re:They're not playing fair... by RickHunter · · Score: 1

      Flip this around and imagine that I decide to circumvent the GPL by taking a piece of GPL software and using its source in piece of closed source commercial software. Wouldn't like that now, would you?

      This argument is not only invalid, its stupid. How many times does it have to be repeated? The GPL is a valid contract because the copyright holder is using it to give you rights you would not ordinarily have. No-one's legal rights are being curtailed by the GPL. The Apple iTMS license, on the other hand, attempts to curtail rights granted to you by law, which makes it an unenforcable contract.

    42. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      no contract can violate any persons constuitinal right. no matter how well crafted or worded. so this is fair use. it is coded into law as defined by congress. and can not be superseeded by a contract. we just need a good example in court to get them striken down. the existing cases have all have a twist and not really represitive of the the existing ways that these laws that are weilded by companys.

      this is all speaking as if the DMCA was not in effect of course.

    43. Re:They're not playing fair... by spanklin · · Score: 4, Interesting
      And FairPlay is the main reason I never signed up for the iTunes store. I have 4 PC's at home alone, and one PC at work - what, I can only play the songs I purchase on 3 of them? Sorry, but that's BS.

      And the counterargument that gets made to comments like yours is that you can burn the tracks to a CD and play it anywhere. You can even re-rip it and listen to the tracks DRM free on 1,000 PCs if you have them.

      The counterargument to my counterargument is that by burning & re-ripping you are losing quality, but the counterargument to this counterargument of my counterargument is that if you were enough of an audiophile to care about this, you wouldn't be buying 128K mp4s from iTMS anyway.

    44. Re:They're not playing fair... by Anonymous Coward · · Score: 1, Insightful

      > The music really belongs to the person who created it, regardless of copyrights or anything else.

      No. The music only belongs to the person who created it if he keeps it inside his head, or writes it down and locks it in a vault. Why don't they keep it to themselves? Because they want others to hear it and they want to profit from it. Nothing wrong with that, but if they do that, they do not really "own" it anymore. Consider this: you've come up with a neat song or story, and performs/tells it to me. Is the song/story still "yours"? Does that mean that you can forbid me from singing/telling to myself? To friends, family? Copyright does grant you some exclusive distribution rights for a limited amount of time, so I am forbidden to perform/tell it in public. But as if you decide to release your work, it is not really yours anymore, unless you want to control what goes on inside my head. If you don't like that, you can always opt to keep your creations to yourself, that way it will always belong to you.

    45. Re:They're not playing fair... by _Sprocket_ · · Score: 4, Insightful


      How do you figure? The music really belongs to the person who created it, regardless of copyrights or anything else.


      Does Jules Verne own "20,000 Leagues Under the Sea"? Do we have to negotiate payments with Mark Twain's estate to get a copy of "The Adventures of Tom Sawyer"? Who do we bestow ownership of Beowulf to?

      The fact is, these works are in the Public Domain. Nobody owns them. Although, where possible, they are attributed to their authors.

      You discard copyright rather quickly. However, the concept of owning a creative work (rather than the physical representation of that work, such as an actual book) come entirely from copyright. Copyright is a grant by government to a work's creater. It gives them a (in theory) limited time to capitalize on their work though exclusive control over that work. Eventually, this grant runs its course and the work enters the public domain.

      There is no ownership of ideas.

      Compare this to physical property. The origional manuscript for "The Adventures of Tom Sawyer" could still be owned by Mark Twain past the length of his copyright on the work represented by that physical manuscript. Furthermore, that property could have been passed on to his estate or sold. The actual manuscript never becomes public property unless it is specificly sold or donated to a public library (government seizure aside).
    46. Re:They're not playing fair... by dasmegabyte · · Score: 0, Flamebait

      Wait -- so just because something WILL be ours in 75 years, that means we own it now?

      Shit, I better go tell grandad to give me my inheritance. After all, it'll be mine eventually, right? Why should I be cheated just because his life keeps getting extended?

      --
      Hey freaks: now you're ju
    47. Re:They're not playing fair... by Nom+du+Keyboard · · Score: 2, Insightful
      it's not as if people who bought their music from Apple weren't aware of the "limitations" of it's use

      Hey, Apple, the RIAA, and the rest of the industry ought to be happy that the people are buying and paying for this music, rather than just going KaZaA-ing for it. I really do have to believe that PlayFair users are more likely just wanting to unlock the music for their own use without restrictions, rather than sharing it. The sharers would have gotten their copies for free to start with.

      In short, the Apple bullet is probably hitting the wrong targets.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    48. Re:They're not playing fair... by Arkham · · Score: 1

      Strange thing is, this program just quickens what one could already do. I could very easily burn my MP4's to CD, then rip back to MP4 and (if done right) there will be little or no loss. But the bottom line is that PlayFair reaches an ends equal to what one could do with iTunes.

      You don't even have to do that. Tools like Toast can convert the .m4p files to aiff files, which can then be converted by iTunes into .mp3 or .aac files by choosing "Convert" from the menu. You do sustain the usual small quality loss when transcoding from AIFF to whatever though.

      The thing is, why do people WANT to strip the DRM off their purchased AAC files? Because they can. That's it. There's no other real, valid reason to do it. Posts like "I have 15 computers I want to play it on" are absurd. If that's you, then you can transcode, just as Apple allows you to do. But for 99.98% of Apple's customers, the unlimited burns rule negates any real cries of fair use.

      --
      - Vincit qui patitur.
    49. Re:They're not playing fair... by sploxx · · Score: 1

      I know that responding to to oneself is considered a bad habit :)

      But another thought came into my mind which is related to this:

      Because it obvious that there must be some way to pay the artists for their work if there is no copyright enforcement in the living room, (I am not talking about professional piracy or piracy in the professional area here!), why is putting fees on blank media/recorders/networking connections considered as such a bad idea?

      I mean... all the privacy problems and criminalization of large parts of the population one gets with the current model... why is that considered less important than the (maybe) negative impact of fees?

    50. Re:They're not playing fair... by Anonymous Coward · · Score: 0
      My toyota has certain limitaions on what I can do with it. It can't go 200 miles per hour. But I could modify it to do so... because it is my property.


      I don't know much about car sales agreements, but I'm guessing you didn't sign/agree (to) a contract/license which stated you aren't allowed to modify your Toyota.
    51. Re:They're not playing fair... by dasmegabyte · · Score: 3, Insightful

      You've got two forces operating here, and they're not necessarily the same shit.

      Copyright law gives you fair use of the audio. Which you have. Burn it on a CD, use it to your heart's content. It's yours. There's not even any copy prot on the disc.

      However, the AAC file itself it not audio. It's an encrypted data representation of audio -- but it doesn't become audio until you decrypt it. And the encryption is protected under the DMCA. Say what you will about the DMCA, it's the law, and breaking it is not guaranteed by copyright law any more than owning a copy of the White Album gives you the right to the original magnetic tapes it was recorded on.

      After all, the artist didn't make the AAC file. They made audio. Apple made the AAC file, and sold you the rights to make CDs with it.

      --
      Hey freaks: now you're ju
    52. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      GPL != ITMS license.

      The GPL is not a use license, the ITMS license is (I'm assuming here, as I've never actually read it).

    53. Re:They're not playing fair... by dasmegabyte · · Score: 3, Informative

      Here's a list of hardware AAC players. There's a lot more of them that you think.

      --
      Hey freaks: now you're ju
    54. Re:They're not playing fair... by Lord+Kano · · Score: 1

      Flip this around and imagine that I decide to circumvent the GPL by taking a piece of GPL software and using its source in piece of closed source commercial software. Wouldn't like that now, would you?

      You'd not be "circumventing" the GPL, you'd be violating it.

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    55. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      There are two points you're missing. Copyright *keeps* getting extended. Meaning, it's a long time now, and it'll keep getting longer. It would be like the doctors saying your granddad had 10 years to live, every five years for eternity. The term is static, yet the fact that it's contantly being increased means it's effectively infinite. Do you seriously think that Mickey Mouse will EVER become public domain?!? Please.

      The other point is that the DMCA renders copyright expiration irrelevant. i.e. if the media is only available in protected digital format, and circumventing that protection is illegal forever, then what does it matter if you have the right to see/hear the media after the copyright expires, if there's no legal way to get at the media?

    56. Re:They're not playing fair... by pudge · · Score: 1

      When Apple introduced this service, Steve Jobs said, over and over, "it's your music." Despite the inaccuracy of Apple's CEO's statement, and the accuracy of yours, it is not at all unreasonable for people to assert ownership, at least to the extent of ownership of any other similar media (like CDs), since Apple's CEO characterized it that way first.

    57. Re:They're not playing fair... by timmi · · Score: 1

      I'm just curious, How many of those computers are in the same room? I personally have four computers, One laptop, One Desktop, Two Windows 2000 servers. The desktop and the servers are within 4 feet of each other, there's no need to have all 3 of them authorized for iTMS... I'm not saying you don't have a legitimate beef, but do you really use all four of those home computers, on a regular basis for an extended period of time?

    58. Re:They're not playing fair... by asdfghjklqwertyuiop · · Score: 1

      Correct, I didn't.

      If I were leasing it that would be a different story though.

    59. Re:They're not playing fair... by sir_cello · · Score: 1


      Copyright gives you fair use of _any_ expression: this includes the "mere wrapper" that goes around the audio, in the same way that there are separate copyrights in a physical envelope and the document inside it, and you get fair use of either.

      You say "say what you will about the DMCA, it's the law, and breaking it is not guaranteed by copyright law": and this is actually my main point: the extend to which DMCA suppresses legitimate rights to fair use under copyright. It's something that there seems to be no clarity over, and where clarity is really needed.

    60. Re:They're not playing fair... by timmi · · Score: 1

      Well the Mega-Media companies want to claim that DMCA trumps Fair use, and the precedent-setting case will be MPAA Vs. 3-2-1 Studios

    61. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      To make it 100% clear -- The GPL protects your "Fair Use" rights in section 0: The act of running the Program is not restricted.

      There is no such clause about the RIAApple music that you purchased.

    62. Re:They're not playing fair... by MoneyT · · Score: 2, Informative

      It's not semantics, it's very much a matter of use.

      The reason shrinkwrap licenses like EULA's don't hold is because they are contracts provided after the purchase of the item in question. So you have no chance to back out of the contract before you pay money.

      Since you have to agree to the iTunes Music Store terms before you pay money, the contract is quite binding.

      --
      T Money
      World Domination with a plastic spoon since 1984
    63. Re:They're not playing fair... by nyquility · · Score: 1

      I think something is being missed in all this "unlimited burn" Thinkspeak.. There are quite a fe countries who have a levy on blank CD media, which is passed onto the recording industry.
      So by burning it onto a CD you are in fact, paying an additional fee to RIAA et all. Apple and RIAAs recipe is simple but effective.

      1. Sell Music for "only" 99 cents a track (a fraction below the per track price of a normal CD)
      2. Profit
      3. Give them freedoms (with a hidden charge attached)
      3. PROFIT+

    64. Re:They're not playing fair... by cpt+kangarooski · · Score: 1

      Fair use is not limited to any particular sort of use. Those are just _likely_ fair uses. In fact, you can have a parody or whatever that isn't a fair use. To be a fair use, each particular use has to be examined with a four factor test; the particular circumstances of the use are critical, and preclude blanket statements.

      Personal copies also can be fair uses, as we see with regards to some time shifting and space shifting copies (see the Sony and Diamond cases, respectively). SOME personal copies are permitted by the AHRA, but not very many. Similarly some copies are permitted by 17 USC 117, but again, not very many. Those are both limited exceptions. They may at times overlap with fair use, but they aren't coextensive with it.

      --
      -- 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.
    65. Re:They're not playing fair... by phearlez · · Score: 1
      And the counterargument that gets made to comments like yours is that you can burn the tracks to a CD and play it anywhere. You can even re-rip it and listen to the tracks DRM free on 1,000 PCs if you have them.

      This ranks only marginally better than "nobody's saying gays can't get married, we're just saying they have to get married to a member of the opposite sex! Heck, they could work out a criss-cross deal with another couple of the opposite sex so everyone could be married."

      Previous Supreme Court decisions have validated the idea that you're free to alter the medium upon which you view something you have purchased. They predate DMCA so it's possible tests of this part of that law will fail and it will no longer be the case.

      One thing that DMCA does NOT change, however, is that you can not sign away your legal rights in any contract, and everyone should be glad of this fact. If you could, every manufacturer of everything from yo-yos to airplanes would require that you sign off before purchase and nobody would ever sell anything without such an agreement.

      --
      Bad management trumps ideology - Show the world you want better leadership. http://www.timefornewmanagement.com
    66. Re:They're not playing fair... by stephanruby · · Score: 1
      Just to play devils advocate, it's not as if people who bought their music from Apple weren't aware of the "limitations" of it's use. If they were, then it's no one's fault but their own.

      Well, I certainly wasn't aware of it. May be, I'm just a dummy then.

      When I buy a book, I'm aware of the inherent limitations of the medium. I know that legally, I can copy it to another medium if I make sure I follow fair use. I also know that if I can see text in the book, as far as the laws of Physics are concerned, then I can copy what I see to another medium. It doesn't matter if they use special blue ink, if I can pick up on a photon, I know that a machine will be able to pick up on it as well. For instance, quite a number of people buy books, slice off the spine of the book, and use their automatic scanners to scan the entire book to PDF format (it's useful for adding overlayed annotations).

      And when I buy a song online, it's the same thing. I know what fair use allows me to do and I know that if I can hear something, as far as the laws of physics are concerned, I can make a copy of it. Now, tell me why it's my fault again?

    67. Re:They're not playing fair... by dasmegabyte · · Score: 1

      The purpose of the DMCA is to prevent people from making so called PURE DIGITAL copies -- to force them back into generationally degradable analog methods of reproduction (thus helping in some small way to allay bootlegging). Just because it's helpful to corporations with copyright interest doesn't mean that it's inherently bad. Small artists and businesses are protected by copyright and patent law, too.

      Yes, the DMCA represents a rather naive interpretation of what "digital" means (I can, after all, make an analog version of a recording that is of higher resolution than a CD). But this is not necessarily a Bad Thing. So long as there is a method to fairly use the audio, really we don't have a complaint with the DMCA other than that it makes it more difficult for us. I've ripped mp3s from records and reel to reel and off a damn mini tape player, because I really wanted them. And people are boohooing about the degratation of converting an AAC file to CD and then to MP3?

      Shit, man. The "Fair" in fair use goes both ways. I think that a content provider asking you not to bootleg your shit by adding a digital version of generational degredation is fair. But then again, I'm not a free-information communist...

      --
      Hey freaks: now you're ju
    68. Re:They're not playing fair... by OpenGLFan · · Score: 1

      No, it doesn't sound good, because the definition of "fair use" is more strict than "whatever I want."

      In your GPL example you are copying and redistributing (either alone or inside a closed-source product) a GPL-licensed work. This is a copyright violation -- you don't have the right to copy.

      Fair use refers to usage -- and would be analagous to using apache to serve webpages from an iPod (which it was not designed to do) or printing out the GPLed source to set hot pizza on.

    69. Re:They're not playing fair... by timmi · · Score: 1
      you are confusing "Physical property" with "Intellectual Property"

      Anything you can touch with your hands, is Physical Property. There can only be one of "Actual piece of physical property, (Replicas on the other hand are a different can of worms)

      Intellectiual property you cannot touch. You can touch a CD, but you cannot touch the music that is stored in the CD.

      you cannot touch speech. and therefore, the contents of a manuscript are intellectual property.

      when you buy a CD, a Book, or a VHS or DVD Movie, you are primarily paying for the Intellectual property it contains. Small runs of Glass Mastered audio CD's cost as little as USD 1.00 per disk, in runs of 1000 with printed inserts and shrink-wrapping. CD's are not $1.00 or even $5.00 (allowing for a couple of markups) because the value is not just the piece of plastic. it's the music it contains

    70. Re:They're not playing fair... by 3terrabyte · · Score: 1

      Tell that to Bo Diddley's family.

      --

      Why are there only 19 people folding@home for slashdot?

    71. Re:They're not playing fair... by Fulcrum+of+Evil · · Score: 1

      Part of the price is the agreeing to the agreement.

      Just to short circuit your argument, how is a stream of bits different from a physical CD? If you can't prohibit someone from copying a CD (you can't), why can you do so with a stream of bits?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    72. Re:They're not playing fair... by pudge · · Score: 1

      No, it's not fair use. When you buy music from Apple you are buying it under a specific contract and by buying it you are accepting the terms of that contract which limits the use of the music. Don't like the terms, don't get it from Apple.

      The question is whether violating the DMCA for the purposes of exercising fair use is legal. So far, the courts have said no, but that doesn't mean they will continue to say no. Your comparison to the GPL is abusrd, because the GPL does not restrict any exercise of fair use, whatsoever. Indeed, the GPL asserts your fair use rights.

      You apparently don't know what "fair use" is, hence your confusion. You think it means "do anything I want with it." It doesn't.

    73. Re:They're not playing fair... by twbecker · · Score: 1

      Now, tell me why it's my fault again?

      Ok, how about because you agree to Apple's licensing scheme when you buy music from the ITMS? Meaning you can only listen to it on up to 3 PCs, iPod etc. This license supercedes some of what would typically be fair use. And since you did agree to the terms of the license, the question should be why isn't it your fault?

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    74. Re:They're not playing fair... by black+mariah · · Score: 2, Insightful

      Nobody owns those because the copyrights have lapsed. After the copyrights lapse on all the music that Apple offers, then you can break the encryption and fuck with the songs all you want. Until that time, you have to play by the rules that Apple, the artists, and the labels agree upon if you want to use iTunes. It's that simple.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    75. Re:They're not playing fair... by dasmegabyte · · Score: 2, Insightful

      Yes, but: fair use does not mean you can do anything with anything merely because you want to. Fair use is defined loosely, and is based on four fundamental factors, of which the purpose and intent of use is but one. If a technology would enable uninhibited personal use of an expression, but would in turn destroy the free market viability of the work, then no judge would ever mark that use as "fair."

      With MP3, there was a gray area: the same technology that awakened new uses like microjukeboxing and streaming also awakened a massive potential attack on market viability. With FairPlay, there is no such gray area: the technology to permit these personal uses is built in. PlayFair permits a very tiny segment of the population to expand their usability by a slim amount that's already permitted by the rip-from-a-burnt-CD use. It also permits anybody who wants to to invalidate Apple's business model by making their $.99 downloads available for free and without restriction. That unbalances the scale in favor of pirates.

      --
      Hey freaks: now you're ju
    76. Re:They're not playing fair... by Jugalator · · Score: 1

      What this program is is not circumvention... It's fair use.

      Actually, it's both.

      --
      Beware: In C++, your friends can see your privates!
    77. Re:They're not playing fair... by Znork · · Score: 1

      "why is putting fees on blank media/recorders/networking connections considered as such a bad idea?"

      It really isnt such a bad idea. It's just a terrible idea when combined with forbidding copying. Either you pay the artists through the tax when you buy media and it's legal to copy the work, or you forbid the copying and you dont tax the media. Cant have it both ways.

    78. Re:They're not playing fair... by Jeehoba · · Score: 1

      Well its not as if people who started smoking in the last 20 years didn't realize its hazards or "limitations" on your health. So to play devils advocate, isn't no one's fault but their own? They sue the tobacco industry almost everyday. Seems funny since all I see on TV is those damn truth ads. ( And no I don't smoke, but I think smokers have rights and you should be free to exercise your rights to smoke or modify anything you purchase. )

      My point is ... let people be free. Free with their bodies and free with what they purchase. Its all about choice.

      Sorry if this sounds like a rant ( I guess it is a little ), but I just wanted to through in my two cents.

    79. Re:They're not playing fair... by Znork · · Score: 1

      "Fair use means the ability to make backups and multiple copies for strict personal (your self and family) use only."

      No, it doesnt, not even close. "Fair use" is the limited ability to use excerpts of copyrighted works, creating derivative works (and distributing them), without asking the copyright holders permission, provided the amount is small enough and certain other conditions apply. Examples would be parody, reviews, commentaries, etc.

      Copies for personal use is sometimes legal under other exceptions, but "fair use" has nothing to do with that.

      However, the first sale doctrine, which is what allows you to do whatever you wish with the copy you have bought (except copy it) might very well be applicable to de-DRM'ing with Fairplay.

    80. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      So how do you propose to distribute these media taxes amongst the artists?

      Give half of them to Brittany & Justin? Forgive me if I find that offensive...

    81. Re:They're not playing fair... by twbecker · · Score: 1

      I don't follow you. Yes, people who's health has been harmed by smoking have no one to blame but them selves. I don't support their right to sue the tobacco companies for anything. Just as when you buy from the ITMS. You knew the agreement when you purchased the music, it's too bad if you decide you can't live with it later. Your choice is to not do business with the ITMS.

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    82. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      Two web pages, containing an identical piece of code. One is licensed under the GPL, one is listed with no license.

      If I copy & paste one into my software which I then go on to sell, I'm violating a license.

      If I copy & paste the other, no such restrictions apply. So how is the GPL extending me rights I don't ordinarily have in this case?

    83. Re:They're not playing fair... by stephanruby · · Score: 1
      And since you did agree to the terms of the license, the question should be why isn't it your fault?

      I signed plenty of contracts and agreed to plenty of EULAs that were not completely legal. I'm not a lawyer, but I know enough about the law to know that a clause in a contract doesn't always supercede the law.

    84. Re:They're not playing fair... by moonbender · · Score: 3, Insightful

      After the copyrights lapse on all the music that Apple offers, then you can break the encryption and fuck with the songs all you want.

      Correct me if I'm wrong, but wasn't one of the principal reasons against the DMCA that this is not correct? You are not allowed to circumvent copy-protection schemes, period. Whether the protected work is copyrighted or part of the public domain is irrelevant. E.g., if someone were to sell a CD of PD works, say, from Project Gutenberg and used some trivial copy protection on it, you wouldn't be allowed to copy the CD.

      --
      Switch back to Slashdot's D1 system.
    85. Re:They're not playing fair... by happyfrogcow · · Score: 1

      Are the bits that encode the music mine? After all, I bought the hard drive where they reside. Are the cd's that music is stored on mine? I paid for those too.

      What *am* I buying when I buy a CD? a license to play the music? if that's the case, They shouldn't care what medium i transfer the music to. But they do care. In fact, They tax me for CDR's assuming I'm going to use them to write their music to.

    86. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      No, music cannot be owned by anyone. What can be owned and traded is a limited abstract monopoly right (copyright).

    87. Re:They're not playing fair... by Aneurysm9 · · Score: 1
      Copyright law gives you fair use of a phonorecord in which a sound recording is fixed. A "phonorecord" is
      [a] material object[] in which sounds ... are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
      17 U.S.C. 101 (emphasis added). A harddrive containing an AAC file is a material object in which sounds are fixed by a method now known from which those sounds can be reproduced with the aid of a machine or device.

      As for Apple's "right" to limit what you can do with a phonorecord, the fair use doctrine is judicially developed, see e.g. Folsom v. Marsh, 9 F. Cas. 342 (C.C.D. Mass. 1841) , and predates 17 U.S.C. 107 so it cannot easily be abridged by contracts attempting to arrogate rights not granted by 17 U.S.C. 106 or by the DMCA. As such, I'll violate the DMCA and unenforceable contract clauses as much as I want in exercising my fair use rights.

      --
      There was Cowboy Neal at the wheel of a bus to never-ever land.
    88. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      It appears you're a communist after all. What you've described (making an analog copy of a protected digital work) violates the DMCA. In order to make an analog copy, you circumvent the copy protection using the "analog hole". DeCSS proved that it doesn't matter how blindingly trivial the circumvention has to be. I too would have no problem with permitting "fair use" on lossy formats only. Unfortunately, that's "free-information" pipe dream.

    89. Re:They're not playing fair... by black+mariah · · Score: 1

      I'm not completely familiar with that, but the way it works seems fairly self-explanatory. Those particular copies are protected, even if they are in the public domain. The person that collected them has the right to restrict the use of that particular collection, but not other collections or the original work. It's sort of like the GPL in that case. If you fork a codebase you control that particular fork, but the original copyright owner still has all the rights. With PD works it would be the same. But, of course, I'm not a lawyer, paralegal, or even a lawyer's secretary so for all I know I'm talking out of my ass.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    90. Re:They're not playing fair... by MP3Chuck · · Score: 1

      "Tools like Toast can convert the .m4p files to aiff files"

      How is that different from PlayFair? (I ask this in all seriousness ... I don't know how Toast goes about such a conversion.)

    91. Re:They're not playing fair... by _Sprocket_ · · Score: 1


      Nobody owns those because the copyrights have lapsed.


      You missed a very important point - copyright does not signify ownership. One can own the copyright granted by one's government. That copyright allows for certain restrictions on the creative work. But the work itself is essentially on loan from the public domain and will return to it once the grant has expired.


      After the copyrights lapse on all the music that Apple offers, then you can break the encryption and fuck with the songs all you want. Until that time, you have to play by the rules that Apple, the artists, and the labels agree upon if you want to use iTunes. It's that simple.


      There are fair use clauses within copyright that allow for certain uses of creative works despite any restrictions placed by the copyright holders. Fair use is just as much a part of copyright law as portions that restrict use. The only question about fair use involves the fact that it is not very clearly defined. Any such definitions of what is or is not fair use has largely been determined by court actions.

      It may be worth stressing that Fair Use is no carte blanche. It does not allow complete dismissal of a copyright holder's rights. But it may allow for some activities that, in different circumstances, are certainly copyright infringement. And it almost certainly allows for some activities that some copyright holders dislike. Such dislike for fair use is often expressed (sometimes erroneously) by content industry trade groups.

      It is not that simple.
    92. Re:They're not playing fair... by twbecker · · Score: 1

      So you have a reasonable suspicion that the license is illegal? Or is the fact that it may be just an excuse for your behavior?

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    93. Re:They're not playing fair... by filmsmith · · Score: 1

      You're STILL missing the point of the thought exercise. Yes, that collection would be copyrighted because they authored the collection (Don't get me started on how ridiculous THAT is!), but when that collection falls in to public domain, it is still illegal to break the encryption.

      The DMCA currently makes no provision for encrypted works that have had their copyrights expire. There is simply a blanket 'Circumvention is illegal' language to the law. THAT is what the person you replied to was trying to articulate.

      fs

    94. Re:They're not playing fair... by ryanwright · · Score: 1

      The thing is, why do people WANT to strip the DRM off their purchased AAC files? Because they can. That's it. There's no other real, valid reason to do it. Posts like "I have 15 computers I want to play it on" are absurd.

      How about "I don't have an iPod"? I suppose those hundreds of millions of people out there with less expensive MP3 players aren't a valid reason?

      --
      -Ryan, with the unoriginal sig
    95. Re:They're not playing fair... by Anonymous Coward · · Score: 1, Insightful
      >The same goes for dual VCR's which were opposed when initially
      >marketed, but couldn't be suppressed because although they could be
      >used to do wrong, they can also be used to do right: and the courts
      >can't allow the device to be suppressed just for this reason,
      >otherwise they'd be able to suppress knives and all sorts of things
      >that have dangerous uses.

      What you need to watch out for is the "illegal civil lawsuit" ala DirecTV. You may be able to buy things with dual purposes, but a big company can sue your ass with the only evidence of wrongdoing being an alleged purchase. And you have no choice but to pay money: either to your laywer or the plaintiff's lawyer. Your only defense is never letting them find out who you are.

      So go ahead and download/use stuff like PlayFair or smartcard programmers. Just make 100% sure there's no way it can ever be traced back to you. What does that mean? Download stuff like PlayFair at "Internet Cafes" across proxy servers, and buy stuff like smartcard programmers "cash & carry" or using money orders sent to post office boxes rented under a fake name.

      "Big money eats up little money."


    96. Re:They're not playing fair... by moonbender · · Score: 1

      Exactly. Thank you. :)

      --
      Switch back to Slashdot's D1 system.
    97. Re:They're not playing fair... by ryanwright · · Score: 2, Insightful

      By this same logic I could get upset that the Xbox games I paid for and legally own I can't play on my PC.

      You could, but the REAL question is: Should you have a legal right to play them on your PC, since you own them? I say the answer is yes.

      Obviously it's silly to be mad at Apple when you should have known damn well where the files would or wouldn't play when you bought them. However, that doesn't mean you should lie back and take it when they try to prevent you from engaging in fair use of your files (copying to a non-Apple MP3 player, for example).

      --
      -Ryan, with the unoriginal sig
    98. Re:They're not playing fair... by black+mariah · · Score: 1

      If this is a thought excercise then let's put it this way. 75 years after the authors of the music on iTunes die we'll see whether the DMCA is still in place or not. Until that time, it really doesn't matter.

      It's not ridiculous for a collection of public works to be copyrighted any more than it is for Red Hat, Suse, Mandrake, and others to hold copyrights on their distributions of Linux. If they wanted they could keep people from redistributing their distro. Not the individual packages, but the whole thing as it sits on however many ISO's it's on now. It's weird, yes, but it makes sense to me.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    99. Re:They're not playing fair... by filmsmith · · Score: 1

      There's more material than just the iTunes Music Store songs out there that this thought exercise applies to.

      Waiting for just this one example to come to light so that we can test it in the court is a horrific idea. There have been a great many laws built and struck down on the very foundation of thought experiments. We don't need to 'wait 75 years after the authors...die' to test the validity of the DMCA. The fact is, it is unfair and unjust NOW!

      fs

    100. Re:They're not playing fair... by Arkham · · Score: 1

      How is that different from PlayFair? (I ask this in all seriousness ... I don't know how Toast goes about such a conversion.)

      PlayFair does not transcode the file into a different format, and it does not recompress the file. It simply removes the DRM wrapper from the existing AAC audio file. There is zero quality loss using PlayFair to convert m4p into m4a.

      There is similarly no loss going from m4p to AIFF, because AIFF is not compressed. As a result, though, the AIFF is very large. You would generally then convert the AIFF into an m4a or an mp3, which would result in some quality loss.

      --
      - Vincit qui patitur.
    101. Re:They're not playing fair... by Alsee · · Score: 1

      is based on four fundamental factors

      Read it more closely. Those are merely four examples of factors that shall be considered. Judges routinely consider additional factors, such as whether a use is "transformative".

      And if you dig into the law even further, it turns out that fair use isn't granted by that law, law nor defined or restricted by it. Fair use never appeared in the law before 1976, though it already existed. When congress wrote it in they commented that there were merely attempting to document existing fair use, and that the law they wrote was not inteneded to grant, expland, diminish, or alter fair use in any way.

      It was a peice of law that was intended to have no effect, so they never should have written it into law in the first place. Now many people have the impression that copyright law grants defines and resticts fair use, and that you can alter diminish or revoke fair use simply by re-writing that law. In actuallity it's fair use that limits the extent and reach of copyright.

      With FairPlay, there is no such gray area

      I dissagree.

      First of all, as you say it allows you to burn the song and rip it. And that rip can then wind up on P2P anyway. So it is is actually not accomplishing anything at all.

      Secondly, FairPlay does attempt to prohibit fair use. It is NOT copyright infringment for me to to make fair use of the copy I bought in any form whatsoever, including the original clean file without burn-and-ripping it. There are some cases where the burn-rip cycles is a problem, but that's irrelevant. The point is that the use of the original form is not infringment, period. It is fair use. And copyright is incapable of prohibiting fair use, it isn't infringment. Fair use is exempt from all copyright restrictions.

      I fully expect the DMCA to be stuck down as unconstitutional. It just hasn't happened yet because you actually have to convict someone of a crime under a law before you can appeal to have that law struck down as unconstitutional. And in all the years we've had the DMCA there hasn't been so much as single case of anyone convicted under it. It's only still on the books because it's never actually been enforced.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    102. Re:They're not playing fair... by _Sprocket_ · · Score: 1


      The person that collected them has the right to restrict the use of that particular collection, but not other collections or the original work.


      There has to be some specific points met for this to be true. The collection must show some creativity - most commonly expressed by the selection or organization of the works. Note that the individual works are still public domain and one is free to re-distribute any individual work even if it came from that copyrighted collection. The restriction of copyright in this case is solely on the collective work.

      There are other examples where public domain works fall back under copyright. Let's go back to my previous example of "20,000 Leagues Under the Sea." I am free to distribute the origional story. I can not, however, distribute Disney's movie based on the story without appropriate permissions from Disney. Likewise, one is also restricted by copyright when it comes to League of Extraordinary Gentlemen even though the story is based on public domain characters - to include Capt. Nemo from 20,000 Leagues (an excellet example of public domain use, btw). Furthermore, I can do a re-treatment of 20,000 Leagues that involves a side-story about Bob the Squid. I hold the copyright to my variation of the story with Bob.
    103. Re:They're not playing fair... by TrentC · · Score: 1

      We are allowing for bad precedents to be set. The more we allow to slip out the more we will lose.

      Then don't use iTMS; if no one does, it'll be a commercial failure and the record labels will know that their controls are too stringent.

      Oops, that's not working. I guess plenty of people are willing to accept their restrictions after all.

      So rather than using the Apple-provided pseudo-"analog hole" to burn AACs to CDs and re-encode them, someone comes up with a crack for FairPlay. Correct me if I'm wrong, but aren't the two primary platforms for AACs the iPod and iTunes (which play the DRM-hampered versions)?

      What exactly are you going to play your un-DRMed AACs on? And I'm not trying to be facetious; I'd like to know if there are any other players...

      Jay (=

    104. Re:They're not playing fair... by Famatra · · Score: 1

      "Until that time, you have to play by the rules that Apple, the artists, and the labels agree upon if you want to use iTunes. "

      No, we most certainly do not have to play by Apple's "rules" if we do not want to. The people ultimately make the laws and if there was the will we could make it so the DMCA was revoked.

      While we are at it let us revoke the length of copyright down to 14 years as it was origionally, these information monopolists are pushing the envelope with their demands for DMCA like laws to gut the free flow of information.

    105. Re:They're not playing fair... by dickiedoodles · · Score: 1

      And the counterargument that gets made to comments like yours is that you can burn the tracks to a CD and play it anywhere. You can even re-rip it and listen to the tracks DRM free on 1,000 PCs if you have them.

      Which is the exact same end result as fairplay except with quality loss. Apples DRM is an illusion of control, they could sell many more songs to many more people (me included when it comes to the UK) if they'd just ditch the DRM and let people do what they want, pretty much every song is already avalible on P2P so the cat is out of the bag.

      --
      In Soviet Russia Slashdot cliches use you
    106. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      The Nokia 6230 plays AAC files, supports MMC and has bluetooth, it would be the perfect companion to a TiBook. I could see this as a legitimate "fair use" PlayFair. Not that we can even buy iTMS songs here in Oz yet.

      The real problem is that Apple wants you to buy an iPod, not a Nokia 6230. Damn loss leaders, it's the same with inkjet printers and cartridge refillers. Blame Gillette!

    107. Re:They're not playing fair... by slamb · · Score: 1
      The counterargument to my counterargument is that by burning & re-ripping you are losing quality

      I agree with this counter-counter argument. Particularly with classical music, the quality loss is nasty. I bought Carmina Burana off the iTunes Music Store. Do you want to listen to that through two rounds of lossy encoding?

      the counterargument to this counterargument of my counterargument is that if you were enough of an audiophile to care about this, you wouldn't be buying 128K mp4s from iTMS anyway.

      That counter-counter-counter argument is bunk. 128K .m4a's are good quality. But when you take a .m4a file, and re-encode it to any lossy format, it's worse than some crappy .mp3 you found on <insert-trendy-P2P-scheme-here>. You could save the ripped file in a lossless format, but then you're using a lot of space for no benefit. Enough so that it restricts your use of a lot of portable music players.

      I'm a big Apple fan, but they really screwed up with FairPlay. I have an expectation that I can play my music on my Linux box, on my roommate's TiVo, on any brand of portable music player[*], etc. That's true for all the music except the iTunes Music Store stuff. It's less valuable to me because of their DRM. The VLC people and PlayFair people worked to remove these restrictions, and Apple sued them for it. Suck!

      Besides, I have philosophical objections to ever having even a single line of code that I pay for not be there to serve me. When I write software, every line is for the customer. Some they may never actually interact with themselves (debugging code), but it's all there to make the customer's experience better. That's one reason I like open source - if they put extraneous code in, people will rip it out.

      [*] - I have an iPod, so I actually can listen to FairPlay music on it. But it's the principle. I shouldn't have to buy the Apple hardware for this. They should compete on merit. This is a Microsoft-like tactic.

    108. Re:They're not playing fair... by xigxag · · Score: 1

      You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

      OK, that's in the contract, but so what? IANAL, but when someone breaks the terms of a EULA, it seems to me that you have to sue them for breach of contract. When you go to court, the judge would doubtless pass judgment in favor of the plaintiff (Apple), but then, damages have to be assessed. And the question is, how was Apple damaged by the breach, if Joe Shmoe happens to unlock some iTunes for his own private personal use?

      Apple can't claim that Joe cost them lost income -- they already sold the song, and so long as Joe doesn't redstribute his rip, he's not interfering with potential earnings.

      OTOH, they most assuredly would have a good case against the author of PlayFair for unfairly diminishing the value of their FairPlay asset, and against SourceForge for hosting it after C&D has been served. But that's not breach of K, it's a straightforward tort.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    109. Re:They're not playing fair... by Knetzar · · Score: 1

      "Every creative work is derivative in some way."
      I'm just curious...when was the last original idea?

    110. Re:They're not playing fair... by nolife · · Score: 1

      I guess plenty of people are willing to accept their restrictions after all.

      People want an easier way to get legal access to specific music other then buying a complete CD from a retailer.
      People are not accepting the Apple solution because they like it, they are doing it because there is not really many options to choose from or it is the lesser of a few evil's and the iPod itself plays a huge role.

      Does my use of Comcast broadband mean I like the terms of service? I abide by them but I don't have a choice If I want internet access greater then a 56k modem.

      --
      Bad boys rape our young girls but Violet gives willingly.
    111. Re:They're not playing fair... by Tokerat · · Score: 1

      Are the bits that encode the music mine? After all, I bought the hard drive where they reside. Are the cd's that music is stored on mine? I paid for those too.
      It's like you bought a book and copied a page onto notebook paper. The paper is yours, the ink is yours, the words are not. Make sense?
      What *am* I buying when I buy a CD? a license to play the music? if that's the case, They shouldn't care what medium i transfer the music to. But they do care. In fact, They tax me for CDR's assuming I'm going to use them to write their music to.
      That's true, but the very large, blatant (and most importantly) visible piracy that has been going on since just before the Napster days has "forced" the music industry to place inconviniences on you. Remember, it is their right to sell their music however they want, and if they want to offer it only on a crippled medium, all you can do about it is not buy it. (Unless they don't clearly mark is as such, but that's a different story)

      PS: Buy CDRs labeled for "Data" use. They work just the same as "Music" CDRs but without the piracy tax (so I'm told...could be wrong?).
      --
      CAn'T CompreHend SARcaSm?
    112. Re:They're not playing fair... by sir_cello · · Score: 1


      Your point is not well focused: it's not (a) about the nature of the fair use (which you talk about), but it's (b) about the ability to make the fair use. You can't even start talking about (a) without getting past (b). In this case, the DMCA and technological measures are blocking (b).

      Your arguments about MP3 are messed up too, but I don't have time to correct you (but quickly: "technology to permit these personal uses is built in" -- this not fair use, this is just the technology giving you a licensing option).

    113. Re:They're not playing fair... by Jeehoba · · Score: 1

      Maybe I dont understand fully then. Please clarify this for me.... When I purchase a song from iTMS, am I purchasing a copy of said song or a limited use liscence for this song? If its only a liscence then I follow you, but at the same time they would only have to use a license violation as a reason for the C&D and not the DMCA.

    114. Re:They're not playing fair... by Anonymous Coward · · Score: 0

      The EULA means exactly this in my country: Zero, zilch, nada.

      Because the LAWS in my country allow me to make a copy of a licensed work i purchased. That law is above some EULA.

      Sometimes i don't like it the law is above what one wishes, but now i do.

  6. T-Shirts coming soon by hoggoth · · Score: 4, Funny

    > PlayFair has been removed from SourceForge.net.

    Oh good, should I order my T-shirts now?

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  7. Lest we forget... by Gothic_Walrus · · Score: 3, Interesting
    Once a file's made it to the internet, it's always going to be available. Undergroud websites, file sharing, Usenet groups...it's still available. It's just become a bit harder to find.

    In this case, though, that's a moot point, seeing as it's been rehosted. Oh well.

    --
    Goo goo g'joob.
    1. Re:Lest we forget... by Anonymous Coward · · Score: 0

      pee in a pool... pee in a pool

    2. Re:Lest we forget... by Anonymous Coward · · Score: 0
      Gotta love the /. mods...even crap like this gets modded as "Interesting."

      I am a karma whore...and how!

  8. Bring on the poems and prime numbers! by jamonterrell · · Score: 2, Insightful

    It's that time again... Seems like people would eventually get the point that programs are free speech. I can't wait to see the poems and prime numbers that get produced for this (remniscent of DeCSS).

    --
    I can count to 1023 on my hands. Ask me about #132.
  9. Bad weekend to be a Mac user by BandwidthHog · · Score: 4, Funny

    *runs and hides*

    --

    Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    1. Re:Bad weekend to be a Mac user by mac+os+ken · · Score: 1
      OMG I am going to buy all the antivirus programs I can for OS X and Classic! Then I am am going to delete all my gigs and gigs of music so the RIAA doesn't hassle me, and I'll erase my iPod too! I'll write a check to Darl McBride for a Linux distro I'm running Virtual PC. While I'm running that I'll fire up all my versions of Windows (except ME) and intall EVERY Security Update. Then I will delete everything on my HD so I will be totally secure from trojans/virii for OS X. I'm afraid of Americans. I'm afraid of the world. I'm afraid I can't help it.


      Or not.

      --
      .deviatefromtheabsolute.
  10. Apple has no right by Sloppy · · Score: 4, Interesting

    Unless you mean the music publishing company. Which of Apple Computer's copyrighted works, does PlayFair remove the protection from?

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Apple has no right by LostCluster · · Score: 1

      Apple's license likely gives them the right and requirement to send the letter on behalf of the music publishing companies. Think of it as a limited power of a attorney within the license contracts.

    2. Re:Apple has no right by BlaKnail · · Score: 2, Informative

      Who the hell modded this informative? It's incorrect.

      Apple controls the technological measure that controls access to copyrighted material. When the technology is circumvented, it is the owner of the technology that has the right to (ab)use the DMCA, not the owner of the copyrighted material behind the protection. The copyright owners get to sue when their material is illegally distributed. That has not happened (to anyone's knowledge) in this case.

    3. Re:Apple has no right by Sloppy · · Score: 1
      LostCluster's answer is a lot better, and more plausible, than yours.

      Apple controls the technological measure that controls access to copyrighted material. When the technology is circumvented, it is the owner of the technology that has the right to (ab)use the DMCA
      You're just making that up. DMCA doesn't contain any references to "owner of the technology." That's why the MPAA, not DVDCCA, sued 2600 over DeCSS. (Yes, there was the DVDCCA suit in California, but it was about trade secret, not DMCA. And it was also a joke, which is why DVDCCA totally lost.)

      I can't wait to see the C&D.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    4. Re:Apple has no right by mrpuffypants · · Score: 1

      It circumvents THEIR copyright protection scheme, which has been applied to all of the songs from other sources.

    5. Re:Apple has no right by Aneurysm9 · · Score: 1

      Actually, they're both plausible. Apple undoubtedly has a right (and likely an obligation) to enforce the copyrights in the sound recordings and musical works it sells phonorecords and copies of through iTMS. Under 17 U.S.C. 1203(a) as a "person injured by a violation of section 1201" they have a right to "bring a civil action in an appropriate United States district court." And, under 17 U.S.C. 512(c) they have to send the nastygram to SourceForge in order to have any sort of club to wield to get SF to remove the project in an attempt to mitigate their damages.

      --
      There was Cowboy Neal at the wheel of a bus to never-ever land.
    6. Re:Apple has no right by Jade+E.+2 · · Score: 1

      Best. Sig. Ever.

  11. Re:It is all clear now. by Ithika · · Score: 0, Offtopic

    my black what?

  12. Foot - Aim - Shoot! by Beatbyte · · Score: 2, Insightful

    First, iTunes Music Store is by far the most successful online music store. Good prices, great selection (sounds like a damn commercial doesn't it?).

    I'm very pleased with it. I get ALL my purchased music from it.

    This "playfair" project is just going to have the recording industry folks who reluctantly agreed to go in with Apple and distribute their music get scared and pissed off. They're going to pull their music and/or the prices are going to go up in fear of piracy.

    It can not only hurt Apple, but also hurt online music sales as a whole.

    Its nice to see the people bitching about the $20 CD's ruining the $10 online albums.

    Its not good enough until its free right? GIVE ME A BREAK!

    1. Re:Foot - Aim - Shoot! by Anonymous Coward · · Score: 0

      Maybe you're missing something here... these people have already paid for it. If I buy a CD and complain because it has copy protection, what argument are you using? I paid for it and want a copy on my computer... that doesn't make the CD I just paid for free.

      My advice: think before you type.

    2. Re:Foot - Aim - Shoot! by ignipotentis · · Score: 3, Interesting
      I'm very pleased with it. I get ALL my purchased music from it.

      Maybe you should take a look at this. Everyone knew it wasn't going to last, but I'm shocked at how quickly the music industry has changed their minds on on-line pricing.


      --
      Don't waste time... procrastinate now!
    3. Re:Foot - Aim - Shoot! by Catbeller · · Score: 1

      This "playfair" project is just going to have the recording industry folks who reluctantly agreed to go in with Apple and distribute their music get scared and pissed off. They're going to pull their music and/or the prices are going to go up in fear of piracy.

      The labels are already raising the prices. Apparently fear of the nasty customers pirating their wares wasn't a factor for them. Just lots of money.

      So who cares. They had a nice model, and now they're even more greedy than ever.

    4. Re:Foot - Aim - Shoot! by Beatbyte · · Score: 2, Interesting

      I want more money too but that doesn't mean I'm going to get it.

      They can't justify that price increase though.

      Apple is footing the bill for the backend stuff.
      They're not distributing physical goods.
      They don't have store fronts.

      And if they do increase the price, more piracy will definitely be happening. And they will bitch again.

    5. Re:Foot - Aim - Shoot! by System.out.println() · · Score: 2, Insightful

      What I want to know - aside from getting a higher quality file (duboius at best) what's the point? It's not like this is legal, you might as well just download the songs anyway. (Unless you have a particularly large legal library or dialup, I suppose)

    6. Re:Foot - Aim - Shoot! by Anonymous Coward · · Score: 0

      Why is a post that is basically an iTMS commercial modded 5 Insightful?

    7. Re:Foot - Aim - Shoot! by Anonymous Coward · · Score: 0

      It can not only hurt Apple, but also hurt online music sales as a whole.

      Most likely, it will only hurt the online sales for music made by RIAA members, whose business models are based on such things as DRM. Most independent labels and artists won't care. Itunes will stay, and if RIAA members cut back on their online presence they'll leave the medium wide open for the indies to take over, so RIAA members will stay after all and just step up their "anti-theft" campaigns.

    8. Re:Foot - Aim - Shoot! by proverbialcow · · Score: 3, Interesting

      I agree 100%, and would like to add - it's not like you can't burn those AAC's to CD. Hell, with all the iTunes songs I keep winning from Pepsi ... for some reason ... I just go to my neighbor and have him burn the songs I want to CD-RW. He gets to keep the songs, I can make mp3s, and I don't even have to waste a CD.

      --
      The only surefire protection against Microsoft infections is abstinence. - The Onion
    9. Re:Foot - Aim - Shoot! by bwy · · Score: 1

      Its not good enough until its free right? GIVE ME A BREAK!

      Apparently it isn't good enough until you and I refer to each other as "Comrade." So what you have done for the Proletariat today, Comrade Beatbyte?

    10. Re:Foot - Aim - Shoot! by dimension6 · · Score: 2, Interesting

      Of course, when you turn your newly burned CD (from the AAC iTunes tracks) into MP3, the quality will be very diminished, because AAC and MP3 compress in rather different ways. You're essentially compressing it twice; once as AAC, and once as MP3 (the artifacts in each compression will be compounded). PlayFair will remove the need to reencode it, thus improving the quality.

    11. Re:Foot - Aim - Shoot! by Bob9113 · · Score: 1

      What I want to know - aside from getting a higher quality file (duboius at best) what's the point? It's not like this is legal, you might as well just download the songs anyway. (Unless you have a particularly large legal library or dialup, I suppose)

      I have two computers at the office, five at home, and three in colocation. All of them run Linux (I also have one Windows machine at the office, but it has no sound card). If I want to become a customer of iTunes, I would require a crack program like this. I would have the legal right to listen to the music, and fair use specifically gives me the right to listen to the music in any way I see fit, including on Linux. The whole point of fair use is that anyone who purchases a copyrighted work should be able to use it as they see fit.

      Why is fair use a good thing? Because copyright is a balance between the good of society and the good of the creator of a work. Long run cultural development of a society requires that people be free to draw inspiration from and transfor works. At the same time, creativity is valuable to society and should be rewarded. Thus the balance of an artificial monopoly with very specific terms and limitations was established. As we increasingly tip that balance, our culture is being damaged - for example, major labels and ClearChannel have audio entertainment completely locked up in the US, and all they produce is the stuff that hits the center of the popular markets. There's nothing wrong with pop music (I even like some of it), but a healthy culture requires that broad market exist.

      I'm rambling a bit, and I've mixed the problems of trusts, monopoly, price fixing, and copyright extension together, but they all play off each other. The short of it is copyright is good and healthy, and so is the public domain. The most efficient solution for increasing the wealth of our society (wealth being the ability to satisfy wants, not just dollars) is a harmonious blend of copyright, public domain, and fair use.

      OK, that was really rambly, but hopefully it at least provides some food for thought.

    12. Re:Foot - Aim - Shoot! by mduell · · Score: 1

      I think you mean the $13 CDs ruining the $17 online albums.

    13. Re:Foot - Aim - Shoot! by JupiterP5 · · Score: 1
      What about those 17$ online albums for the 13$ CD's?

      That's putting their foot in their mouth too. Though I'm not sure if that's Apple's fault or not.

    14. Re:Foot - Aim - Shoot! by spanklin · · Score: 1
      Everyone knew it wasn't going to last, but I'm shocked at how quickly the music industry has changed their minds on on-line pricing.

      Now this worries me. I fall into the "Apple's DRM isn't too bad" camp, but if the price goes up to $2.50 a track, they will lose my business. (I never buy whole albums from iTMS, so I personally don't care if the whole album price creeps up).

      Apple succeeded in getting the RIAA to agree to their iTMS business model, so hopefully Steve can manage to keep prices as close to a buck a track as possible.

    15. Re:Foot - Aim - Shoot! by Anonymous Coward · · Score: 0

      So I take it you also support banning DeCSS, since it makes the MPAA leary of releasing DVD copies of movies.

    16. Re:Foot - Aim - Shoot! by ScottGant · · Score: 1

      They don't have store fronts

      Wow, Apple closed all their Apple Stores?!?! Where did you hear this from?

      They just opened a huge one in downtown Chicago...it's a pity...now they're all closed...according to you.

      --

      "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    17. Re:Foot - Aim - Shoot! by Anonymous Coward · · Score: 0

      when you burn the AAC's to CD, does it not decompress the file back into a .wav like state before burning? that'd explain why you can only fit a "standard" number of songs on a play-anywhere CD...

    18. Re:Foot - Aim - Shoot! by Anonymous Coward · · Score: 0

      Just an unrelated note:

      I used to buy all my music from iTMS as well. I probably have about 7 or 8 CDs from there.

      But I'm not going to buy again. Recently I bought a CD (Brad Mehldau's Anything Goes), and the quality is disappointing. Basically the cymbols have that swishy, wooshy, shifting, muddy sound that you'd expect from a low bitrate. I am pretty put off about future purchases from iTMS and I'm willing to pay a few extra bucks per CD to never have to deal with that again.

    19. Re:Foot - Aim - Shoot! by Beatbyte · · Score: 1

      The RIAA bought Apple? That's a shame. All those great stores now owned by the RIAA.

      Jackass.

      Like I was saying, Apple foots the bill. NOT THE RIAA. Apple didn't raise the prices, the RIAA controls that.

    20. Re:Foot - Aim - Shoot! by faaaz · · Score: 1

      Ok, it's going to hurt Apple. So what? I'm an Apple user myself, and I like Apple, but I'm not going to treat them differently just because I happen to enjoy their products.

      The fact is, they're trying to control something they, in my opinion, have no right to control. They wan't to control my use of my purchased music. If trying to control me is ok, then so is taking that control away from them and giving it back to myself.

      --
      we come in peace / shoot to kill
  13. If you're running a public [something]Forge... by tcopeland · · Score: 2, Interesting

    ...you need to have a Terms of Service to deal with junx like this. We've got one on RubyForge just in case...

    1. Re:If you're running a public [something]Forge... by platipusrc · · Score: 1

      SourceForge handles user Registration Data in accordance with the RubyForge Privacy Policy. .

      I'm confused...

      --
      And the muscular cyborg German dudes dance with sexy French Canadians
    2. Re:If you're running a public [something]Forge... by tcopeland · · Score: 1

      > SourceForge

      Oops, fixed, thanks!

  14. What/who is sarovar.org by aacool · · Score: 5, Informative
    Sarovar.org is India's first portal to host projects under Free/Open source licenses. It is located in Trivandrum, India and hosted at Asianet data center. Sarovar.org is customised, installed and maintained by Linuxense as part of their community services and sponsored by River Valley Technologies

    Sarovar is hosted on a Compaq box running Debian woody and GForge.

    (34,266) PSTricks Tutorial
    (5,855) PDFscreen
    (5,693) LaTeX Primer
    (3,965) PDFslide
    (3,675) PDFtricks
    (2,087) Draft Copy for PDFTeX
    (1,504) JavaDBF
    (1,256) TeXLive
    (966) Swathantra Malayalam Computing
    (802) CVSPermissions - An ACL tool for CVS

    Hosted Projects: 126
    Registered Users: 659

    1. Re:What/who is sarovar.org by RoboOp · · Score: 5, Insightful

      Thus begins the stampede of technological innovation to environments where freedom is celebrated, rather than crushed.

      --
      "First you get the Linux, then you get the power, THEN you get the women"
    2. Re:What/who is sarovar.org by Anonymous Coward · · Score: 0

      One more thing outsourced to India....

    3. Re:What/who is sarovar.org by Anonymous Coward · · Score: 5, Funny

      Holy crap. They really did it. They managed to outsource open source.

    4. Re:What/who is sarovar.org by Ryan+Amos · · Score: 1

      Maybe outsourcing to India isn't such a bad idea after all...

    5. Re:What/who is sarovar.org by Anonymous Coward · · Score: 0

      Thus begins the stampede of technological innovation to environments where freedom is celebrated, rather than crushed.


      That's what they told me when my job was outsourced to India.

    6. Re:What/who is sarovar.org by krumms · · Score: 2, Funny

      Sarovar.org is India's first portal to host projects under Free/Open source licenses

      Cool! Let's outsource SourceForge!

    7. Re:What/who is sarovar.org by aminorex · · Score: 1

      It was always a good idea. They've got 1.1 billion
      mouths to feed. The more money they can suck out of
      the U.S. and Europe, the better.

      --
      -I like my women like I like my tea: green-
    8. Re:What/who is sarovar.org by SideshowBob · · Score: 1

      Is freedom really celebrated in India?

    9. Re:What/who is sarovar.org by drinkypoo · · Score: 1

      Freedom is celebrated until people get enough rope to hang themselves, and then it's too late, because they're already swinging from the rafters. It happened here in the US and it can happen in India too.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:What/who is sarovar.org by faaaz · · Score: 1

      They had to. Freedom is too expensive in the US.

      --
      we come in peace / shoot to kill
  15. WHY WHY WHY by CaptScarlet22 · · Score: 2, Insightful

    Why must people insist on going around the system!??!?!
    Why can't people be content in buying music at .99 cents and burning it anyway they want!?!??!

    This isn't a "Unconditional Surrender" here...There has to be some rules....

    I just can't understand this, .99 cents is SOOOO cheap!!!
    It's not like your paying $50 bucks for a game!!!

    Somewhere down the line something has to break....

    --
    It's left blank because I have nothing to say to you punks!
    1. Re:WHY WHY WHY by ln+-sf+head+ass · · Score: 1

      The only "unconditional surrender" that will be accepted is that of the industry. There is no putting the toothpasted back into the tube. They'll sell us music on our terms, or not sell us music at all, because their distribution oligopoly will not protect them from the Internet.

    2. Re:WHY WHY WHY by Anonymous Coward · · Score: 2, Informative

      The DRM limits what devices/applications you can play the song with. For example, the only way to listen to a song purchased through iTunes on Linux was to burn it to a CD and listen to it, or rip it from the CD ( losing quality ) and copy it into Linux. I did my part when I payed for the song, I should be able to play it wherever *I* want. I understand the rules, but the record company got their money from me, so in my personal opinion, I should be able to listen to it where I like. That's why I like Playfair.

    3. Re:WHY WHY WHY by jmpvm · · Score: 1

      What a brain dead comment.

      playfair wasn't about stealing music. It was about allowing people to listen to the music they purchased in the way THEY wanted to.

      I, for example, would love to listen to my iTunes music on my iRiver player. I can't. Unless of course I burn the tracks to CD and then rip them again, which is a pain and a waste of a CD. I bought the freakin' music, I should be able to listen to it the way I please. THAT is why playfair exists.

    4. Re:WHY WHY WHY by Anonymous Coward · · Score: 0

      I can buy a game, play it, then sell it to someone else when I'm tired of it. Can I do the same with these songs, the way they're sold?

    5. Re:WHY WHY WHY by austad · · Score: 3, Insightful

      When apple releases software for me to play my purchased iTunes songs on my linux box at work, then I will stop using Playfair. Until then, I will have to continue using it if I want to play the stuff on my linux box.

      Think about it, almost all of the DMCA violations that have happened recently are the result of companies not making a DRM solution for the particular platform that people want to use their media on, so someone cracks it.

      As others have stated, playfair probably won't contribute much, if any to piracy at all. You have to have the key for the music you are de-drm'ing, which means you've purchased it. If someone releases it on the net, big deal, it's already out there in higher quality mp3 and vorbis formats. If I wanted to spend the time searching for the music to get it for free, I would. But it's more worth my time to pay 99 cents for each track I'm looking for. I avoid getting tracked down by RIAA and sued, and I know that I'm getting a reasonable copy of it.

      --
      Need Free Juniper/NetScreen Support? JuniperForum
    6. Re:WHY WHY WHY by httpdotcom · · Score: 1

      in case you haven't been reading the news lately, the music companies are getting greedy...again...and are going to jack the price from 0.99 to somewhere between 1.50 and 2.50 per song.

      Not to mention, an iPod holds around 4k tracks. At the current rate, would you spend $4,000 on music for your iPod? now multiply that by 2.5 and answer the same question.

      the RIAA cares absolutely nothing about music fans, artists or stores. only filling their pockets that their monopoly has allowed all these years. they continue to produce the same swill year after year, and it is only getting worse. "Music Television" has become a thing of the past as Real World/Road Rules/Punk'd and all the other reality tv clones continue to push music away, till all we are left with is candy coated bubblegum pop and gang central over the airwaves.

    7. Re:WHY WHY WHY by dustinbarbour · · Score: 1

      Eh.. Why pay $0.99 / track (even though it's relatively cheap) when you can download the same music in MP3 format for absolutely free? The RIAA and those companies maintaining online musics stores need to get with the game and realize that it wouldn't take much to push people back into "illegal" file-sharing. Hell, my little sister and my 40 year old mother (who's not exactly a techie) don't bother buying much music anymore.

      The music industry needs to adapt to the digital amrketplace. You cannot hope to utilize the same distribution and sales schemes you did 10 years ago.

    8. Re:WHY WHY WHY by negacao · · Score: 2, Funny

      This isn't a "Unconditional Surrender" here.

      And that's all they have to do; the RIAA, that is. Swallow hard, admit that they're wrong.

      Then maybe I'll start paying for music again.

    9. Re:WHY WHY WHY by Anonymous Coward · · Score: 0

      You cannot hope to utilize the same distribution and sales schemes you did 10 years ago.

      you can when you sue all the competition out of business

    10. Re:WHY WHY WHY by gooberguy · · Score: 1

      Why do people buy CDs or songs from iTMS when they can get MP3s for free? Because of quality control. When you buy a CD, it sounds good. There are no clicks or corrupted frames in an AAC from iTMS, unlike most stuff on P2P networks. In a perfect world for music listeners, music would be completely free. No DRM, no cost. In a perfect world for music distributors, there would be no piracy (due to customers always buying music, not due to DRM technologies) and they would make more money every year. Obviously, society comprimises between the two.

      --


      Karma: Meh (Mostly from meh.)
    11. Re:WHY WHY WHY by cK-Gunslinger · · Score: 1


      The DRM limits what devices/applications you can play the song with. For example, the only way to listen to a song purchased through iTunes on Linux was to burn it to a CD and listen to it, or rip it from the CD ( losing quality ) and copy it into Linux. I did my part when I payed for the song, I should be able to play it wherever *I* want.

      How about this:

      The type of vehicle you buy limits what you can do with it. For example, the only way to drive my vehicle over a rocky mountain pass was to steal a 4-wheel drive Ford F-150 and use it. I did my part when I bought a Ford Escort, I should be able to drive wherever *I* want.

      A shitty analogy, to be sure, but still.. If you want to listen to music on Linux, buy a CD. I don't necessarily agree with Apple's actions, but I get sick of people like you complaining, even though you entered into a business deal and fully understood the terms of use, that you should be able to violate them as you see fit because you want to do something other than was intended.

      IF YOU DON'T AGREE TO THE TERMS, DON'T BUY THE PRODUCT.

      I know, it's a bizarre concept, but you people should try it sometimes. We are talking about music here, not food and shelter. You are not being "forced" to agree so Apple's draconian terms, requiring your first born child for the latest 50-cent tune. You can either agree to it, or turn in down. You have free will. Exercise it sometime.

    12. Re:WHY WHY WHY by Anonymous Coward · · Score: 0

      Well, to save yourself a CD, just write an image instead of a CD, mount image to virtual drive, rip from that, and be $.10 better off.

    13. Re:WHY WHY WHY by Flower · · Score: 1
      99 cents is the UPPER cap for for what I'd pay for a song online. Anything more, including additional tax, and I'm not buying.

      When I buy a CD I pay about 99 cents per song. I get the actual CD that I can archive or take where ever I need to go, I get the cover art and 9 times out of 10 I get the lyrics to the songs.

      Because I have the CD I can rip it anyway I want. FLAC for my in-house audio system, MP3 or OGG for my flash player I take to the gym or just stuff a mix copy into my car's CD player. Now compare that to an online offering.

      And sorry but the argument that you only get 1 or 2 good songs on an album and the rest are crap doesn't wash with me. Haven't heard a Garbage song I didn't like. Didn't regret any of the tracks for the Crouching Tiger and Hidden Dragon soundtrack or Queen of the Damned either. Lots of good Godsmack tracks and there's no junk on my CSN discs.

      And now they want to raise the price to nearly $2.50 for one song? For that price I had better get Brittney doing Hentai for some bonus material. Now that would be toxic.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    14. Re:WHY WHY WHY by westlake · · Score: 1
      They'll sell us music on our terms, or not sell us music at all.

      The record companies have a world wide presence that cannot be ignored. India and China have larger trade interests to protect than the free distribution of music to the West.

      If iTunes goes dark don't look to the Internet to save you from Windows Media and DRM.

    15. Re:WHY WHY WHY by pudge · · Score: 2, Insightful

      A shitty analogy, to be sure

      Yes, because it misses the point entirely. If you can modify your Ford Escort to go over a rocky mountain pass, would Ford try to stop you? And no one is stealing anything! The music is *already owned by you* (in the same sense as you owning the music you buy on a CD), you are merely circumventing the DRM so you can use it however you see fit (that is, in the same you can use music from your CD). Apple is not even contending that this has anything to do with theft, so why are you?

      I get sick of people like you complaining, even though you entered into a business deal and fully understood the terms of use

      Terms which likely are not legally enforcable because they restrict existing rights. This is not about the terms of use, this is about the DMCA, which would protect the DRM in FairPlay regardless of any terms of use. If we go by the terms of use, then Apple would really be in trouble, because they are self-contradictory and end up having little if any meaning.

    16. Re:WHY WHY WHY by Anonymous Coward · · Score: 0

      How about this:

      The type of vehicle you buy limits what you can do with it. For example, the only way to drive my vehicle over a rocky mountain pass was to steal a 4-wheel drive Ford F-150 and use it. I did my part when I bought a Ford Escort, I should be able to drive wherever *I* want.

      A shitty analogy, to be sure, but still.. If you want to listen to music on Linux, buy a CD. I don't necessarily agree with Apple's actions, but I get sick of people like you complaining, even though you entered into a business deal and fully understood the terms of use, that you should be able to violate them as you see fit because you want to do something other than was intended.

      IF YOU DON'T AGREE TO THE TERMS, DON'T BUY THE PRODUCT.

      I know, it's a bizarre concept, but you people should try it sometimes. We are talking about music here, not food and shelter. You are not being "forced" to agree so Apple's draconian terms, requiring your first born child for the latest 50-cent tune. You can either agree to it, or turn in down. You have free will. Exercise it sometime.


      Your analogy isn't even close to the same. I *payed* for the music. I did not steal it like your compared analogy suggests. DRM should only be in place to protect against unlawful file sharing, not playing the music in whatever device or application I choose.

    17. Re:WHY WHY WHY by ln+-sf+head+ass · · Score: 1

      India and China are hardly the poster children for any sort of intellectual property protection. Granted, they have Draconian governments, but I don't see how that will keep a lid on downloads of Britney and all.

    18. Re:WHY WHY WHY by Alsee · · Score: 1

      Don't forget the fact that burning and ripping like that degrades the quality.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    19. Re:WHY WHY WHY by adolf · · Score: 3, Interesting

      99 cents? Cheap?

      So let's download something like, oh, Manson's _Golden Age of Grotesque_. It costs us $14.95 and downloads in a few minutes (since we're already paying $50 for broadband).

      What do we get? 15 non-cohesive, DRM-encrypted, lossy-encoded AAC files that are illegal to play outside of iTunes or an iPod. But, of course, we can burn it.

      So let's do just that. It's been awhile since I've bought CD-Rs with jewel cases, but last time I did, they were about 60 cents each. Our total is now $15.55.

      We want liner notes, of course, since we want to know who's playing which songs, and so we can read any difficult-to-understand lyrics. And the pictures are pretty cool, too. I figure it'd cost another $3 in raw materials for me to print this stuff out on my inkjet, and an additional $2 to have it laminated so that it's at least waterproof like a real CD. And since Apple doesn't have anything like a PDF file for me to work from, it also costs me a few hours of my time to research, assemble, set, and print this stuff. Being conservative, let's say 5 hours at a modest $12 per hour.

      We're now up to $80.55 in just time and materials, and we don't even have a label for the fucking CD yet.

      Amazon sells this CD for $14.99, with free shipping. It's even cheaper than that at the large, local music store downtown, and I can walk there from here. Comes with jewel case, glossy liner notes, a screen-printed universally-playable CD with unencrypted, unprotected, uncompressed 16/44.1 stereo audio just like the mastering engineer heard. Takes a but a few minutes to rip to MP3, AAC, WMA, FLAC, OGG, MPG, or whatever your particular fancy is. And the folks at Gracenote, freedb, or MusicBrainz will gladly fill in the id3 tags for you, negating any severe production time from the format conversion.

      Are you sure iTMS is cheaper?

    20. Re:WHY WHY WHY by Hitchcock_Blonde · · Score: 0

      First of all, you shouldn't be listening to crap like MM. Secondly, if you insist on listening to MM in a "cohesive" (there has to be an oxymoron in there somewhere) format, go buy the CD and rip it yourself.

      --
      Karma Schmarma
    21. Re:WHY WHY WHY by Anonymous Coward · · Score: 0

      You've obviously never listened to crap like MM. Are you a nigger, or just prejudiced for no fucking reason?

    22. Re:WHY WHY WHY by filmsmith · · Score: 1

      If someone releases it on the net, big deal, it's already out there in higher quality mp3 and vorbis formats.

      I don't disagree with most of what you say, but let's leave fallacious arguments like this out. They don't help anybody.

      fs

    23. Re:WHY WHY WHY by westlake · · Score: 1

      You can in time probably suppress Kazaa. Usage has declined to the point where I am seeing half the numbers from last year. For mp3s in commercially significant genres it is becoming almost worthless. In my own areas of interest and if i valued my time at minimum wage, it would make far more sense to pay for downloads from iTunes or Walmart.

    24. Re:WHY WHY WHY by bfg9000 · · Score: 1

      I don't remember for sure, but I own that CD and I believe it has some Bonus Features on the actual CD -- you know, a music video and some online special stuff if you play it in your PC and connect to the net.... so just for the record, even at $80 you haven't managed to duplicate the full CD experience yet.

      Looking at your post, I thought: Damn! CD's actually ARE cheap after all!

      --

      I'm not normally an irrational zealous dickhead, but I figure "When in Rome..."

  16. terms and conditions do not apply; no law broken by Anonymous Coward · · Score: 1, Insightful
    Apple has not come close to proving that a law has been broken, so there are no grounds for the project to be suspended either under the law or under OSDN's own T&C (which, it seems, basically say, "you must obey the DMCA"). PlayFair is a system for promoting interoperability, an act explicitly protected under the DMCA.


    I can only conclude that OSDN are either lazy, scared of Apple, or have interests in Apple. None of these are good things.

  17. How in the world? by Jack+Comics · · Score: 0, Troll

    from the fair-use-foiled-again dept.

    Could that line be any more biased? Exactly how is FairPlay fair use? When the RIAA started cracking down on MP3/digital music sharing, the most common excuse given by those who download and/or share was that it was because CDs were too expensive, and they just wanted one or two songs off of an album that they could download. They even claimed that if they could do this legally for the appropriate price, they would.

    Well, Apple (along with others), have granted you your request... tracks off an album you can legally purchase and download without spending $10+ on a CD. But what do some thieves do anyway? They go ahead and download it for free anyway, going around the protections made by the owners and original distributors of the content.

    So, what is your excuse now? When it comes down to it, those who are involved in FairPlay and those who use it are nothing more than common thieves, and should be treated appropriately.

    --
    "We are all in the gutter, but some of us are looking at the stars." - Oscar Wilde
    1. Re:How in the world? by Anonymous Coward · · Score: 0

      You're either trolling, or a moron. This utility is of no use whatsoever unless run against a purchased track by someone running an "authorized" computer.

    2. Re:How in the world? by nanter · · Score: 1

      FairPlay is Apple's DRM. You mean PlayFair, which this article is referencing.

    3. Re:How in the world? by jamonterrell · · Score: 1

      Probably a troll, but I'll bite, because it needs to be said.

      It is fair use because you can't otherwise play music that you have paid for on portable equipment not "recommended" (ie. sold by) iTMS. Not to mention that you also can't play it on Linux and FreeBSD. Also to note is that you can't otherwise play the music in a music player other than their music player (ie. I can't play it in Winamp, I have to use ITunes).

      Theft by definition requires deprving someone of something that belongs to them. In this case they're not depriving anyone of anything. Oh yeah, and did I mention they PAID FOR IT.

      --
      I can count to 1023 on my hands. Ask me about #132.
    4. Re:How in the world? by steveit_is · · Score: 1

      I don't need an excuse. I am the almighty consumer, and I will continue doing whatever is easiest/cheapest to get what I want. This is the way it has always been, and the way it will always be. Just because a company has a bad business model based entirely around the concept of 'unbreakable' DRM (a logical impossiblity) doesn't mean that the nature of consumers will change. Even stupid laws will not stop people, because after a stupid law has been passed it is not only easier, but now more fun as well.

    5. Re:How in the world? by Anonymous Coward · · Score: 0
      Do you even know what FairPlay is? It's not a tool that does anything related to "download it for free." All it does is remove the protection from music you paid for. Now you can do things like transcode the music to a format that your portable player can handle, and then listen to it in your car. Apple already allowed that sort of thing anyway, but you have to use the iTunes software to decode the song and write it to CD. This software just competes with iTunes.

      Nobody who uses this program, is using to to download music for free. The program can't work unless you already have the scrambled music file and the key, and buying the music is the easiest way to get those two things.

    6. Re:How in the world? by frag+thief · · Score: 1

      I don't care about the RIAA OR P2P file sharing. I do care about what was TAKEN FROM ME when greedy lawmakers sold my rights of fair use to greedy media companies. Before the DMCA, I could buy something and dink with it like I actually owned it (with the reasonable provision that I don't give or sell copies of it). Forget separation of church and state, gimmie separation of Valenti and state.

    7. Re:How in the world? by MoneyT · · Score: 1

      You also agreed to those conditions before you paid the money for it.

      --
      T Money
      World Domination with a plastic spoon since 1984
    8. Re:How in the world? by Anonymous Coward · · Score: 1, Insightful

      Well, Apple (along with others), have granted you your request... tracks off an album you can legally purchase and download without spending $10+ on a CD. But what do some thieves do anyway? They go ahead and download it for free anyway, going around the protections made by the owners and original distributors of the content.

      Perhaps you don't remember, it was posted all of yesterday, but one of the provisions of PlayFair was that to unlock the DRM restrictions, you needed... gasp... a valid purchase receipt/registration/what have you.

      In other words, I couldn't grab a random file and apply PlayFair to it... I could ONLY use it with files that *I* had purchased.

      This is not thievery... it is merely removing the "burn to CD, rip to DRM-unencumbered OGG Vorbis/MP3/insert favorite file type here" step from the process of going from a DRM-encumbered file from Apple to a DRM-unencumbered file in the format of my choosing.

      This is not thievery because it requires that I have PAID FOR THE MUSIC IN THE FIRST PLACE. This is simply a tool to allow shifting of a file from one format to another of my choice... a right which, in the US, is a right courts have said is derived from Fair Use Rights which are in turn the First Amendment of the Constitution. I have every right - at least in the US - to do this without being called a "thief."

      --AC

    9. Re:How in the world? by Anonymous Coward · · Score: 0

      *sigh*
      I'll bite only because you're logged in.
      It doesnt allow you to download songs off of itunes for free or otherwise circumvent their technology so you can get them without paying. Listen to me:

      YOU ARE FREEING SONGS THAT YOU HAVE ALREADY PAID FOR.

      You buy the song, then run the program to turn it into an un-excrypted form. I see nothign wrong with this. In fact, iTMS is now going ot get my business because of this because I can now play my music in Linux and move it to/from all my computers. Here listen again:

      iTMS WILL NOW HAVE MORE CUSTOMERS BECAUSE THEIR SONGS ARE NOW EASIER TO USE. (At least 1 more, me anyways, however im sure there are ppl out there with the same goals/motives/intenetions as me)

    10. Re:How in the world? by jamonterrell · · Score: 1

      Which makes it a contract dispute, not an act of copyright infringment. So they should leave the author the hell alone, as he has no proven contract with them, and nowhere in the contract does it say you can't write these kinds of programs.

      I have no problem with it if they want to go ahead and sue each individual person who unencrypts their music for breech of contract, and seeks to revoke their license to use the material. Then they will only find the ones that are doing it for non-fair-use.

      Jamon

      --
      I can count to 1023 on my hands. Ask me about #132.
    11. Re:How in the world? by MoneyT · · Score: 1

      Problem is, in order to have tested and developed this, he had to have performed it himself.

      --
      T Money
      World Domination with a plastic spoon since 1984
    12. Re:How in the world? by Anonymous Coward · · Score: 0

      I have every right - at least in the US - to do this without being called a "thief."

      not according to the DMCA you don't

    13. Re:How in the world? by jamonterrell · · Score: 1

      No he didn't. That's an assumption. It is theoretically possible that he wrote the entire code by hand directly with no testing whatsoever. Beyond that, he did not write the code to decrypt, just a friendly user interface to it. That's the whole point of libraries, independant pieces of code that you pass data to and from using a simplified interface.

      --
      I can count to 1023 on my hands. Ask me about #132.
    14. Re:How in the world? by hambonewilkins · · Score: 1
      It's also theoretically possible that I could live on the surface of the sun.

      Of course he used iTunes to test it... are you serious?

      --

      God Bless America. Why? Did it sneeze?
    15. Re:How in the world? by Anonymous Coward · · Score: 0

      Yes, but I would like to be able to play purchased iTunes files on EyeHome or similar (www.elgato.com)

      This seems like fair use to me.

    16. Re:How in the world? by jamonterrell · · Score: 1

      Perhaps for this very reason he asked a friend who lives in a country where it's not an issue to test it for him. You're making blind unfounded assumptions. Just because something seems very likely, and it would be silly for it not to be, does not in fact mean that it is. Oh, and yes, I'm serious.

      --
      I can count to 1023 on my hands. Ask me about #132.
  18. playfair by MakoStorm · · Score: 0, Redundant

    I cant really say anything I am still miffed at the idea of charging 1.25 per song or more. This is really making me hate music, one side, music should be free, and on the other side you have the RIAA saying that they will charge more because music copyright code is being cracked.

    I am about ready to say Fork it, and I will just listen to the radio. and not buy any of the beer thats advertised on the radio commercials! HAH! I just won, I listened to the radio and the music and didnt buy any of the advertised products, HOW DO YOU LIKE ME NOW! ....

    okay I feel better

  19. Mantra when writing this sort of software by Gothmolly · · Score: 3, Funny

    Mirror early, mirror often!

    --
    I want to delete my account but Slashdot doesn't allow it.
  20. Test Case? by Landaras · · Score: 5, Insightful

    Unfortunately, I am not a lawyer, nor do I have the disposable income to pay for one.

    However, this looks to me like a(nother) possible test case of the DMCA.

    What makes this case attractive is that, to my understanding, PlayFair works WITHIN the accepted norms of society for copyright law (if you don't have a key from iTunes showing you bought the song, it won't convert the audio).

    It is a law that is OUTSIDE the accepted norms of society that is causing the problem here.

    I googled EFF.org for "playfair" and didn't have any returns of relevance.

    Is the EFF involved in this case, or are they even aware of it?

    - Neil Wehneman

    P.S. I've mentioned this in previous posts, but I'll mention it again here because it's relevant.

    Dr. Larry Lessig, who argued "our side" in Eldred v. Ashcroft, has put up his new book Free Culture under a Creative Commons license. Noncommercial redistribution with attribution is freely allowed.

    Download the PDF or buy it and support Creative Commons in the process.

  21. Oh come on. by Liselle · · Score: 4, Insightful

    Give me a break, you speak as if they have a reasonable alternative. If Apple doesn't go after these people, you know that the recording industry is going to throw a conniption fit.

    --
    Auto-reply to ACs: "Truly, you have a dizzying intellect."
    1. Re:Oh come on. by Anonymous Coward · · Score: 2, Insightful

      Of course. It's not like Apple has willfully used the DMCA before. Except against Aqua skinners, people who enabled purchased copies of iDVD work with third party drives, and people who dared to make a WinCE device act like an MP3 player.

    2. Re:Oh come on. by Durendal · · Score: 1

      Alternatively, I believe they could update their DRM technology. AOL frequently updates their IM program to throw off the folks like Trillian.

      Is litigation cheaper than innovation? Who knows? It does make you wonder why they did not build security/DRM upgrades into the software...

    3. Re:Oh come on. by b0z0mind · · Score: 1

      Like the sig :-)

    4. Re:Oh come on. by dasmegabyte · · Score: 4, Insightful

      Is a lawsuit a "conniption fit?"

      Because a nice, juicy negligent breach of contract is surely brewing if Apple doesn't put it's foot squarely in the ass of PlayFair. It's be the same even without the DMCA -- if I sell you a security system, and somebody posts the backdoor password, I'd be in a world of shit if I didn't try my hardest to make it better.

      --
      Hey freaks: now you're ju
    5. Re:Oh come on. by Anonymous Coward · · Score: 0

      I don't think apple used the DMCA in your examples. Evidence to the contrary will gladly be considered.

    6. Re:Oh come on. by Anonymous Coward · · Score: 0
    7. Re:Oh come on. by siraim · · Score: 0

      -snip-
      and people who dared to make a WinCE device act like an MP3 player
      -snip-

      DARED? What are you smoking? They made the interface to their MP3 player the iPod interface. Beyond the flawed logic of using an interface designed to be used with a thumb on a device with a stylus and multiple buttons, they simply ripped off the interface wholesale.. dared... seems shortsighted and not daring.

    8. Re:Oh come on. by Anonymous Coward · · Score: 0

      Thanks, I'm partial to it myself. ;)

    9. Re:Oh come on. by gilrain · · Score: 2, Insightful

      Hey, good idea. I mean, after all, it works for AOL with Trillian right? Oh, it doesn't? Huh. What was your point?

    10. Re:Oh come on. by Anonymous Coward · · Score: 0

      And the EFF. Get out of denial. Apple's at least as evil as Microsoft--defending them won't change that.

    11. Re:Oh come on. by uncoveror · · Score: 1
      Apple should worry about what their customers think, not what the RIAA thinks. When money changes hands, and a customer buys something, it becomes his or her personal property to use as he or she sees fit. DRM is a batant attempt to tell people what they can and can't do with their property even after the sale. Sorry Apple, that is a right that you lost once the sale was made.

      Since Apple doesn't respect the property rights of their paying customers, they deserve to lose them, just like the record labels.

      --
      The Uncoveror: It's the real news.
    12. Re:Oh come on. by Durendal · · Score: 1

      Does litigation work any better? Ur.. No. The first few posts can show you it has just made Playfair more available and popular. It has probably increased use as well.

      A small but significant change to Apple's software could make Playfair useless. Continued changes would likely make the project author(s) stop trying.

      My point is that comparing litigation to programming neither method is more effective or cheaper. So programming certainly IS an alternative

  22. Re:terms and conditions do not apply; no law broke by Anonymous Coward · · Score: 0

    Mod parent up - by banning this project, OSDN are making a very clear mark as to where they stand on Open Source as a tool to protect rights in the face of bullying corporations.

  23. How is PlayFair different from by Anonymous Coward · · Score: 0

    DeCSS?

  24. history repeats itself... by Anubis333 · · Score: 1, Insightful

    Apple didn't 'play fair' in '84, if they had, the world might be running on Macintosh today. Jobs always tries to cut out any 3rd parties. The first thing he did when he returned as 'interim' CEO was to buy up all the really good 3rd party Macintosh computer makers like Power Computing and Motorola. The entire point of iTunes, the entire reason they are suffering the losses they are, is that every customer that purchases even one song from them must have either Apple licensed software or hardware to 'play fair' with the DRM.

    1. Re:history repeats itself... by molarmass192 · · Score: 1

      The entire point of iTunes, the entire reason they are suffering the losses they are, is that every customer that purchases even one song from them must have either Apple licensed software or hardware to 'play fair' with the DRM.

      ... and exactly how is this is different from WMA other than s/Apple/Microsoft?

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    2. Re:history repeats itself... by Anonymous Coward · · Score: 0

      Funny, I always read and heard this happened because if they didn't, then Apple Computer would of ceased to exist. That event would of most likely spelled the death of the Mac, and then all those third parties you are talking about would of lost their product anyways.

      I base this on the fact that OS X never would never been created which has honestly brought new life into the Mac.

      But that is just my two cents.

    3. Re:history repeats itself... by Anonymous Coward · · Score: 0

      While it will forever be debated on what would've happened had John Sculley (the CEO of Apple at the time of the Macintosh debut) had opened the platform at the beginning, to say that Jobs "(bought) up all the really good 3rd party Macintosh computer makers like Power Computing and Motorola" with the insinuation that he did it without good business reasoning is retarded.

      First of all, having used Power Computing, Daystar, UMAX and Motorola clones, they were all pieces of crap. They used cheaper parts than Apple originals, and it showed. Because they used cheaper parts, these clone manufacturers were able to undercut Apple in pricing - thus actually cutting into Apple's bottom line, NOT extending the platform as was intended. I'm going to guess that you're going to argue that Apple should have just gotten out of the hardware business, but I'll just jump that one right there by referring you to my aforementioned past experience.

      Apple, IIRC, only bought Power Computing - I'm guessing mostly because they had a lot of Apple alumni there, but I'd be curious to find out if there isn't some altruism there as Power Computing was the only one who didn't have another line of business (so if they hadn't been bought out, they'd just have to shudder the place up and go home).

      The example you're searching for, I believe, would be that of the Newton. It was (arguably) starting to hit its stride when Jobs killed it SOLELY because it was Sculley's pet project.

      As for the topic at hand, look at some of the older posts - it's pressure (current or impending) from the RIAA, not concern over iTMS (which has already been acknowledged to not be a profit-making venture). That's why FairPlay was licensed to be used in the music sold on it to begin with.

  25. As an Apple Computer user and stock holder... by eXtro · · Score: 1

    I think this sucks. The DMCA is a rotten law and I hate seeing it used. Rather than innovate and try to protect copyright companies are allowed to use legislation that has a side effect of silencing free speech. I understand Apple's concerns about fairplay since it reduces the chance that the record companies will renew their contracts but using the DMCA is vile. It's especially ornerous because I recall Apple (possibly even Steve Jobs) admitting that they purposely encumbered itunes with fairly weak copyright protection.

  26. It's a sham, or is it? by Anonymous Coward · · Score: 1, Interesting

    Its a great thing this was taken off. Finally we see some good prices, and some good technology to protect the artists. And yeah, there will always be ways around the protection... but leave it for the L33t; dont give it to the masses.

    1. Re:It's a sham, or is it? by Anonymous Coward · · Score: 0
      Its a great thing this was taken off. Finally we see some good prices, and some good technology to protect the artists. And yeah, there will always be ways around the protection... but leave it for the L33t; dont give it to the masses.


      How in hell does stopping the changing of formats for bought songs, with the receipts to prove it, help out artists? I'm a musician and perhaps a dullard because I don't see the logic there at all.
  27. No... by Pirogoeth · · Score: 3, Insightful

    ...not quite. When you bought your music from the iTMS, you already knew that you would only be allowed to play it within iTunes or on your iPod.

    That's it.

    If you want to play it on a different device, there are many other sources for your music, including buying a CD and ripping it into whatever format your heart desires.

    Whether you agree that "information should be free" or not is irrelevant. By purchasing your music from iTMS, you agreed to Apple's restrictions.

    --
    Happiness is like peeing yourself. Everybody can see it but only you can feel its warmth.
    1. Re:No... by Anonymous Coward · · Score: 0

      "Apple's new digital rights management system that's designed to be fair to the artist, to the record companies and to you."

      They got the order wrong, it should be

      "to the record companies, to the artist, and to you."

    2. Re:No... by Anonymous Coward · · Score: 0

      Actually, when I signed up for iTunes, I had a feeling that a crack would come out eventually. After all, why would I spend money there when I have 1 Mac and 5 Linux machines and no iPod?

      Thankfully, the DRM is so lightweight you don't need this special program to convert to other formats, so I've been satisfied overall.

    3. Re:No... by jubei · · Score: 1
      When you bought your music from the iTMS, you already knew that you would only be allowed to play it within iTunes or on your iPod.

      Given the software in question, it is obvious that you can play the files on any aac-playing device.

      The question is why shouldn't you? So far, I've seen comments stating that you shouldn't because:

      1) It violates your agreement with Apple for purchasing music. (Note that Apple is not pursuing anyone based on this claim yet.)

      2) It violates the DCMA.

      Yes, the software might violate the DCMA. What you must realize, though, is that many, many people think that the DCMA is a very bad law that unfairly erodes the consumers rights, as laid out in the copyright statutes.

      While the best course of action may be to try to lobby congress to repeal the DCMA, it may not be the most effective. By breaking the bad law, one creates more attention for the issues involved and raises the possibility of the law being challenged in court.
    4. Re:No... by Pirogoeth · · Score: 1, Flamebait

      Don't get me wrong. I don't disagree that the DMCA is flawed. I guess I'm just living in this idealistic little world where we finally got what we wanted: an easy way to buy single songs without having to spend $15 on full albums, and people should be happy with that. Yet people still find a need to get around the technology and other people sit back and cheer them on.

      Apple came up with a way for me to listen to my music at home over the Internet. Some morons abused it and that feature was written out of iTunes. Apple managed to bring us a great way to buy music, and a few choice idiots are going to ruin that as well.

      --
      Happiness is like peeing yourself. Everybody can see it but only you can feel its warmth.
    5. Re:No... by Anonymous Coward · · Score: 0

      Someday you will realize that you are totally at RIAApple's mercy for whatever "rights" you are happy with, and those will be slowly chipped away over time.

      Remember what happened to the DIVX DRM system for DVD discs? They went kaput and all the discs stopped working. You think that can't happen to itunes?

      Mark my words, you will wish someday that you used this tool to unlock the music you purchased.

    6. Re:No... by Pirogoeth · · Score: 1

      It's not my "right" to be able to listen to whatever music I want. If I don't agree with the way the content is being delivered, then I don't listen.

      I didn't like the DIVX business plan, so I chose not to support it (and Circus City as well). Just because I didn't like the format didn't mean I had the "right" to use some means to extract the movie anyway. I just didn't buy them and got my movies on DVD instead.

      There are no "rights" here except for the right to play my iTMS music on up to three computers or my iPod. (Or burned to a CD, which I am also allowed to do.)

      --
      Happiness is like peeing yourself. Everybody can see it but only you can feel its warmth.
  28. Playfair torrent by SeanTobin · · Score: 5, Informative

    I haven't gotten a DMCA takedown notice in the last week or so, so here is a torrent for everyone to enjoy:

    http://www.isthatdamngood.com/playfair-0.2.torrent

    Enjoy!

    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
    1. Re:Playfair torrent by Jim+Hall · · Score: 1

      Sorry guys ... playfair-0.3 was the most recent (AFAIK) before the site was taken down. Perhaps I have a copy to email to someone willing to mirror it ... (and to Apple's lawyers: _perhaps_ I don't.)

    2. Re:Playfair torrent by damiam · · Score: 1

      A torrent for a 500k file? You're probably using more bandwdith tracking/seeding the torrent than you would be just mirroring it.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    3. Re:Playfair torrent by Anonymous Coward · · Score: 0

      Not at all.

      The point of Bit Torrent is that others can (and often do) leave it running after their download completes, thereby sharing the data transfer load.

      If one of those people that leaves it running for an hour has a dedicated 1MB/sec upload, that means everyone else during that hour benefits greatly -- especially if the initial seeder was only at 20KB/sec upload for that 500KB file. It is almost always beneficial using Bit Torrents for sending a single file (or set of files) to many people.

      - raven morris

  29. Where do you think the pressure is coming from... by MachineShedFred · · Score: 5, Insightful

    I honestly don't know, but I would imagine that Apple is concerned about this not because they want to make sure everything stays locked up for the sake of being locked up, but probably because they don't want the RIAA to yank their licenses and cause all of the iTMS to come crashing down.

    Sure, you can make all the standard black helicopter and tinfoil hat jokes, but I really don't see how Apple would care about this, save the ramifications for keeping an amicable relationship with the RIAA pigopolists.

    While the DMCA is a horrible piece of legislation, a business would not be doing their shareholders a favor if they didn't use it to protect their business. This is a standard move, everyone saw it coming; and to say that it is a dumb mistake is a bit myopic.

    To do nothing would be a bigger mistake for Apple, for entirely different reasons.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  30. Re:You don't say by Anonymous Coward · · Score: 1, Insightful

    i think it's more of a symbolic move. apple/jobs probably knows better than to think c&d will remove this program from existence.

    but at least taking a public stance against it, they can appease the record labels...

  31. A Business decision - Apple is a music reseller. by acomj · · Score: 4, Insightful

    This is purely a business move by apple. They're DRM is pretty light. Everyone has known that you can burn a cd then rip it back. Even easier you can record anything going to the speaker as an mp3 using some freely available software.

    Jobs is quoted as saying the his PHds said you can't make a DRM that stops piracy completely.

    However apple needs music to resell. To allow software the strips the DRM would likely irk those big music companies that sell apple the songs it needs to sell. And with other DRMed formats apple probably needed DRM to open the store in the first place.

  32. Re:Our response should be simple and brutal. by diamondsw · · Score: 1

    And your recommended response for Apple would have been...?

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
  33. Depressingly Predictable by Chilltowner · · Score: 4, Informative

    As soon as I read the earlier /. story about PlayFair, I went straight to SourceForge and downloaded a copy. It now sits at home in a (sadly) ever expanding directory named "samizdat", along with things like deCSS stuff, the Grey Album, and various other bits from Illegal Art. Some of those things are still available, but I have such little faith in the DCMA that I think private copies are warranted.

    1. Re:Depressingly Predictable by vegetablespork · · Score: 1

      I like that directory name. I had been using "suppressed."

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  34. Re:It is all clear now. by Anonymous Coward · · Score: 1, Funny

    >btw don't eat meat today. unless your black.

    unless my black what?

  35. Now hosted at sarovar.org by Anonymous Coward · · Score: 2, Redundant
    From a macslash post:
    I am the playfair author. Yes, it was a C&D from Apple. The kind folks at sarovar.org have agreed to host the project, as it does not violate any Indian laws. The C&D from Apple will be posted to the website when it's back up at sarovar.org.

    To clarify:

    1. The DRMS code was written by VLC folks. I just used their code and two libaries (mp4ff and mp4v2) to create a nice, easy-to-use program. I did NOT reverse-engineer FairPlay.
    2. I think $0.99 is a fair price, too. I just (a) philosophically disagree with DRM and (b) want to be able to play the songs that I have legally purchased outside of iTunes / Quicktime. For the record, I do not use P2P networks to share files illegally.
    3. The DMCA is an abomination. Please write your congresspeople and ask them to repeal it.
    1. Re:Now hosted at sarovar.org by Inebrius · · Score: 1

      It does very little to write your congressperson to have the DMCA changed. You need to write their real constituents, the ones that donate lots of $$ and let them know you will no longer purchase their products unless they support your cause. If Pepsi, MacDonalds, the Energy Companies, GE, Ford, etc supported repeal of the DMCA, it would be gone. You make little difference in them getting elected.

      When the $$ speaks, congress will listen.

  36. Here's a clue for you... by Svartalf · · Score: 5, Informative

    It's not about piracy.

    All one has to do to "unprotect" the files is have a player that unlocks them and a high-fidelity digitizer (you know, something like an Audigy card or pod...) to record it with. The loss is not going to be noticeable (i.e. even AAC inserts worse loss than this process does in the first place...) and as long as you use AAC or something that doesn't distort the results appreciably worse, you win.

    All this program does is make it easy for a legitimate user to shift it into other formats for their own use. They don't want you to do that. They want you to pay for the CD, the AAC/MP3, and any other format you want to use. In all honesty, they want you to pay for each time you listen to it, but they've not figured out how to do that without drawing too much attention to their damn greed.

    If anyone needs a break, it's me- I'm tired of hearing about piracy when it's not about friggin' piracy. Get it in your head about that. They lose FAR more to real IP pirates in Asia where they crank it out by the tons in spite of the protections these jokers keep adding. Why in the hell don't they go shut those SOB's down first? It's because the "public" is an easier target and provides for nice, nifty laws bought with their money that give them all the advantages and the consumers nothing in return.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Here's a clue for you... by bullitB · · Score: 2, Insightful
      No, it's absolutely about piracy. There are legal, Apple-approved ways to convert music purchased on iTMS to another format with no digital->analog->digital loss whatsoever. Here, check this code out (Might only only work on OS X):
      (void)convertM4PToWav(Movie theMovie, CFStringRef outPath) {
      DataHandler outDataHandler;
      Handle outDataRef;
      OSType outDataRefType;
      Component dh, writer;
      ComponentDescription desc;
      QTNewDataReferenceFromFullPathCFString(outP ath, kQTPOSIXPathStyle, 0, &outDataRef, &outDataRefType);
      dh = GetDataHandler(outDataRef, outDataRefType, kDataHCanWrite);
      desc.componentType = MovieExportType;
      desc.componentSubType = kQTFileTypeWave;
      writer = FindNextComponent(nil, &desc);
      wavExport = OpenComponent (writer);
      MovieExportToDataRef (wavExport, outDataRef, outDataRefType, theMovie, nil, 0, GetMovieDuration(theMovie));
      }
      Feel free to use this crap in your own code, BTW. Public domain.
      Now, as you can see, Apple has gone out of their way to make it possible to convert from protected iTMS files in QuickTime-using programs to whatever other format (if you're licensed to play them, of course). About a dozen lines of code, and I haven't even start obfuscating it. In fact, if you install the Ogg Vorbis component for QuickTime, you can even replace the kQTFileTypeWave with 'OggS', and have a quick M4P->Ogg setup. You are, in fact licensed to do this. You can also use this ability to put M4P files in iMovie projects, or for iPhoto slideshows, or whatever. The CVS version of SlimServer, the software for the SlimMP3 and SqueezeBox even has support for playing M4P files. Legally. Functionally. Now, someone decided that this wasn't enough. Why? The only likely explanation is that they wanted to be able to trade with other people. Any other use (fair format shifting) is considerably more easily accomplished with already extant tools.
  37. Re:Our response should be simple and brutal. by Anonymous Coward · · Score: 0

    Publicly burn any Apple hardware you own Mac/Ipod/etc. Try to do this en masse, and call your local news station.

    How about burning Macs/iPods/etc that I don't own? A lot cheaper that way. Besides, I couldn't afford an iPod even if I wanted one ;).
  38. Essentially DMCA says... by seangw · · Score: 2, Interesting

    That no matter how good/bad the encryption mechanism is, people can't break it.

    If I published software that "encrypted" an audio stream by reversing the bits, and someone figured it out or wrote software to get rid of my "encryption" scheme, then I could just start a legal battle against all those who try to publish against me?

    This is a wild, unpredictable, capitalistic world, not a pre-school.

    1. Re:Essentially DMCA says... by Anonymous Coward · · Score: 0

      Well, a similar law worked for cell-phones.

      Just ask Newt Gingrich, err maybe not.

    2. Re:Essentially DMCA says... by aminorex · · Score: 1

      > This is a wild, unpredictable, capitalistic world, not a pre-school.

      And as such, it has sound, enforcable rules.

      --
      -I like my women like I like my tea: green-
  39. How far does DMCA extend? by Cesaro · · Score: 1

    Practically everything I own, the hard drives, the IPAQ, the Zen, the car, the thumbdrive, the DVD player, everything can be completely taken apart and circumvented in some way shape or form. Nothing besides fear of me breaking it is preventing me from tearing apart my Nomad Zen and bypassing their firmware chip and using my own home made one.

    So in all seriousness how far can the DMCA actually extend? If I use a screwdriver to open my zen and do that, is Craftsman liable under the DMCA for providing me with circumvention tools? Most everything we interact with has some digital component that COULD potentially fall under some subclause or subsection of the DMCA as it is written.

    So what is the furthest that it has gone? How far can it go? And how far will it go before we realize what we've done?

  40. WHAT WHAT WHAT are you talking about? by Anonymous Coward · · Score: 0

    Why are you talking about money? What do $50 games have to do with anything? Why so much punctuation? I'm all questions today :)

  41. Freedom, AAC, and fair use. by mfh · · Score: 4, Insightful

    Consider this.

    Apple's 128kbps AAC's quality is very good, about the same as a 192kbps mp3. You can burn AAC to CD - that's allowed by the iTunes DRM scheme with no problems.

    The AAC -> CD data conversion has no quality loss associated with it. The data, on the CD, is sonically identical to how you bought it from Apple.

    If people rip commercial CDs to OGG (or any other format) without complaining about quality loss, I don't see how it's anything but hypocrisy to say that converting from AAC -> CD -> OGG/whatever is some kind of huge hindrance to their fair use. There's only one loss of quality, which is tiny, in that chain of events, and it happens EVERYWHERE else you convert CD data to a compressed music format.

    Where is this mysterious and show-stopping quality loss happening?

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Freedom, AAC, and fair use. by clickster · · Score: 2, Interesting

      My complaint about AAC -> CD -> OGG/MP3 would be the fact that I have to continually burn coasters. I like my music in MP3 format because then any of my devices can read them (MP3 car CD player, Creative MuVo Nomad, WinAmp, etc.). I burn my music to CD for my car, but it's still in MP3 format so that I can burn a lot of songs on a single CD. Burning standard audios CDs of every song just so that I can get an MP3 of it is ridiculous. I don't drink enough to use that many coasters.

      --
      If you mod me down, I shall become less powerful than you could possibly imagine.
    2. Re:Freedom, AAC, and fair use. by jmpvm · · Score: 1

      Except, when you convert from AAC (Lossy) to CD, and then rip and recompress to ANOTHER lossy compression method (OGG, MP3, etc) then you no longer have a version with the same quality as you purchased.

    3. Re:Freedom, AAC, and fair use. by mfh · · Score: 1

      AAC may be lossy by nature of its compressive storage (as you say, and is common knowledge), but converting from AAC to CD is not lossy. Lossy AAC - that's what you bought in the first place. If you don't like that fact, then I think the argument should be "iTunes itself is selling a lossy product."

      The second step, from CD to OGG/MP3, is something you deal with every day, with every legitimate or illegitimate MP3 you have. No matter where it came from. People extol the virtue of OGG and its wonderful compression and low-loss nature, don't they? It's practically the same.

      --
      The dangers of knowledge trigger emotional distress in human beings.
    4. Re:Freedom, AAC, and fair use. by Kev+Vance · · Score: 3, Insightful

      Lossy encoding by definition removes bits from some bitstream.

      AAC removes some bits from the master copy of the audio. When you burn it to disc, you don't get those bits back; they're still gone.

      When you read it back from disc, and encode with $LOSSY_ENCODER, it removes some different bits from your copy of the audio. The final copy on your hard drive has fewer bits than the AAC copy or the master copy.

      The more levels of lossy transcoding you do, the more the result is going to diverge from the original. Your example would be true only if all music CDs were actually run through lossy compression.

      --
      F0 07 C7 C8
    5. Re:Freedom, AAC, and fair use. by justMichael · · Score: 1

      While your argument sounds good in theory, in my experience, it does not hold up in practice.

      As I stated in a previous comment on FairPlay, the AAC => CD process does* lose something, not sure where or why.

      * in my opinion

      Congarts on the $115US on that UID ;)

    6. Re:Freedom, AAC, and fair use. by LetterJ · · Score: 1

      See, there are these discs called CD-RW, and . . . get this . . . you can erase them and use them again and again and again and again.

      I keep a CD-RW in my laptop drive and have a nice rhythm to download, burn, rip and encode that only takes a few minutes after the purchase from iTMS. I'm sure eventually the disc won't work again, but I also think that if I'm paying $9.99 per album, I can spring for a $0.25 CR-RW every couple of months.

    7. Re:Freedom, AAC, and fair use. by clickster · · Score: 1

      Hmm...a little late on the posting but...ouch. Anyway, what is your "rhythm"? What programs do you use? Are you using a Mac or PC notebook? Roughly how long does it take you to get MP3s (or whatever your preferred output format is) from songs that you've downloaded (let's say for 50 songs since I'd prefer to do them in batches)?

      --
      If you mod me down, I shall become less powerful than you could possibly imagine.
    8. Re:Freedom, AAC, and fair use. by LetterJ · · Score: 1

      I usually buy albums, but the burn using iTunes takes a couple of minutes and I rip and encode using ExactAudioCopy/LAME. The rip itself only takes about 2 minutes and then the disc can be freed up for another album while the encoding goes on in the background.

      I usually only buy one album at a time from iTunes, but I use this basic approach to rip used CD's (which is actually how I get the vast majority of my CD's). In those cases, I've averaged 20 or so CD's an hour and then leave the machine up overnight.

      As it's pretty brainless, and I use my laptop, I just take care of it while watching TV from the couch.

    9. Re:Freedom, AAC, and fair use. by TheSunborn · · Score: 4, Insightful

      Yes, but converting from one lossy soundfile to an other lossy soundfile does produce a result that is worse then what you would get if you made a original to lossy. Just try to make this test

      Take a mp3 file, convert to ogg. Convert back to mp3. Repeat 10 times. Then do a binary diff on all the 10 mp3 files, and you will se that they are ALL different, and that the quality of the last mp3 you made will be far worse then the first mp3 you started with.

      Now if only Apple would begin to sell music here en EU, but thats the debate for an other day :}

    10. Re:Freedom, AAC, and fair use. by bjarvis354 · · Score: 2, Insightful

      Many have been using the "iTunes is selling imperfect lossy product" for awhile now.

      Also, Ogg Vorbis is lossy. But Ogg FLAC is not. There is a difference.

      I would never use ITMS, what I do is:

      * Buy CD
      * Rip using Flac
      * Encode to Ogg
      * Play on Karma

      No DRM. Plenty of Fair Use. I even get to keep the songs I paid for if the original CD gets trashed, which happens often.

    11. Re:Freedom, AAC, and fair use. by Anonymous Coward · · Score: 2, Insightful

      When you go from AAC to Red Book Audio and then back to AAC.

      If the Apple DRM server ever goes away for good (the way the Circuit City DIVX server did), the clock's going to start ticking for all of those copy-protected AAC files. Your computer might not become deauthorized right away, but it will only be a matter of time ("next new computer") until the DRMed files don't play.

      At that point, you will want to have Audio CD backups of all purchases. If you need to take those back to AAC, you'll have gone through an extra lossy AAC compression that would not have been necessary if the original files had been DRM-free.

    12. Re:Freedom, AAC, and fair use. by DeadScreenSky · · Score: 1

      I don't feel qualified enough to explain this again (AND since something like this comes up everytime an iTunes article pops up, the experts might be sick of explaining it), but you are wrong. You either don't understand the specific technology or perhaps how sound/music works.

      It only makes logical sense if you don't know what is actually going on - do some reading or research before you spout this kind of nonsense again, please. :)

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
    13. Re:Freedom, AAC, and fair use. by Anonymous Coward · · Score: 0

      So it is just like copying a tape. After 10 copies, that 10th copy will not be too good. So why is it illegal?

    14. Re:Freedom, AAC, and fair use. by Anonymous Coward · · Score: 0
      Where is this mysterious and show-stopping quality loss happening?

      In the sonic model change.

      All lossy encoding formats (such as AAC) remove bits of data from the stream that they deem to be irrelevent to your ear. They use various psychoaccoustic models to encode the audio your ear does hear. As a fictional example, suppose a particular piece of music has a signal that uses very fine stair-steps to sweep upward in frequency. These stair-steps are timed to blend perfectly with other tones to create the sound you love about this song.

      The first encoder, say AAC, analyzes this stair-step and realizes it can compactly represent the signal as a continuous sweep in its sonic model. The resulting blend with the other tones is okay, and your ear still hears basically the same music.

      Now it's time to convert it to CD, which doesn't have a sonic model. The sound from the AAC encoding is written out as a continous sweep, since that is how it was stored. Your ear still hears the music you like.

      Then you decide to encode it to MP3. MP3, for this example, has a different sonic model that cannot directly represent a continuous sweep; instead, it encodes such signals as stair-steps. This is great for music in the original format, since the encoder can analyze the extra "noise" your ear would not hear create a very realistic stair-step. Plus, the original in this example was a stair-step, which would be encoded perfectly. So, the MP3 encoder looks at this continuous sweep on the CD, and calculates frequency shifts and timing to create a suitable stair-step version. This is where the problem lies. Because the MP3 encoder does not have the original stair-step timing information, the new signal it creates does not correctly blend with other tones in the song. As a result, your song's perfect bass sweep now sounds rough around the edges, as if there was a bit of static when it was recorded...

      Though a very fictional and simplified explanation, this is the type of loss that occurs during transcoding.

  42. Just a tad hypocritical... by SuperBanana · · Score: 4, Insightful
    As per SourceForge.net policy, the project has been disabled.

    Huh? The policy linked to speaks of copyright violation. Was the code stolen? If not, I fail to see the reasoning.

    It simply allowed fair use- it couldn't be used to unlock songs you didn't already own, right?

    What about programs which are almost exclusively used for illegal activity, ie, copyright infringement? Like, say, emule? Or BitTorrent? Or any of dozens of gnutella clones? None of which require you to own a copy of anything?

    One can argue that all these p2p clients CAN be used for perfectly legal purposes. The same argument applies to PlayFair, if not more so because it required ownership in the first place.

    1. Re:Just a tad hypocritical... by Anonymous Coward · · Score: 0

      One could argue a lot of things, but SourceForge/OSDN is not going to be the one doing the arguing.

    2. Re:Just a tad hypocritical... by Fnkmaster · · Score: 2, Informative
      I also think Sourceforge should fix their policy since it doesn't make clear that they will comply with any and all DMCA-related cease-and-desist requests, which is essentially what they are now doing.


      But to be fair to OSDN and Sourceforge, the Slashdot blurb linked to the wrong section of the Sourceforge policy. See instead this section on termination. Essentially, if they are required by law to disable an account or remove content, they will. I agree that they could have pushed back on a simple C&D letter and waited to get sued, but they didn't, and I don't think that's unreasonable given the way the DMCA works in the US.


      I don't believe the DMCA is a good, just or constitutional law, and I believe that we are all justified in doing our fair share of civil disobedience against it. But the legal risk to a company here is pretty substantial, not like the mythical risk of standing up to the SCO bullies and their bullshit case - there is a real likelihood that FairPlay does violate the DMCA as it's worded even though the clearest purpose of it is to ensure continued rights to use of legally purchased material.

    3. Re:Just a tad hypocritical... by Fnkmaster · · Score: 1

      Never mind, the Sourceforge policy does also address the DMCA in section 22 on Copyrights, and it clearly states what steps they will take to comply with DMCA-related requests. I am assuming they followed their own procedures in this case, unless you have evidence otherwise?

    4. Re:Just a tad hypocritical... by Eric+Savage · · Score: 2, Insightful

      Huh? The policy linked to speaks of copyright violation. Was the code stolen? If not, I fail to see the reasoning.

      Sourceforge is not in the business of judging the code it hosts. If a third party has a problem and the developers don't want to take responsibility and fight them, I don't see any problem with SF yanking the project.

      --

      This is not the greatest sig in the world, this is just a tribute.
    5. Re:Just a tad hypocritical... by Anonymous Coward · · Score: 0
      Huh? The policy linked to speaks of copyright violation. Was the code stolen? If not, I fail to see the reasoning. It simply allowed fair use- it couldn't be used to unlock songs you didn't already own, right?
      Correct. Fair use is illegal under current copyright law.
    6. Re:Just a tad hypocritical... by aminorex · · Score: 1

      > there is a real likelihood that FairPlay does
      > violate the DMCA as it's worded even though the
      > clearest purpose of it is to ensure continued
      > rights to use of legally purchased material.

      Why do you think that? I strongly disagree.
      I think there is a real likelihood that a lawyer
      who knows how to shop for jurisdictions could run
      up a bill to bankrupt OSDN pretty easily, and this
      might just make the RIAA mad enough so that they
      would (perhaps by proxy through Apple) do just that,
      but I think it's pretty clear that playfair does
      not violate the DMCA in any way, so I'd like to
      understand on what grounds you are accusing the
      project managers of violating federal law.

      --
      -I like my women like I like my tea: green-
    7. Re:Just a tad hypocritical... by Fnkmaster · · Score: 1
      Sorry, but just so we're clear I made a typo there, which was obvious from the context of the post. I said "FairPlay" when I meant "PlayFair", the SourceForce project, not the copy protection technology from Apple.


      In any case, assuming you still disagree with my premise, I'll continue. To quote from Section 1201b of the DMCA:



      (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

      (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;


      Is FairPlay an access control mechanism as defined by the DMCA? Yes, I think it's pretty reasonable to call it that, whether you agree with the principle behind it or not. Is it effective? Well, effective enough at it's goal of requiring license keys on the machines - beyond that, pretty debatable, but I'm not sure how relevant that really is here. Does PlayFair circumvent it? Yes, it does, though your reasons for doing so are most likely quite noble - being able to use your own music you've purchased the rights to with your MP3 player, for example. Is the only or primary reason for circumventing it copyright infringement? Absolutely not, but the DMCA doesn't put that hurdle up, so it's irrelevant to this question.


      I am one of the biggest opponents of the DMCA you'll ever meet. I have been on the receiving end of these sorts of C&D letters myself. I wish the DMCA would go away. But the way the courts seem to interpret these terms like "effective access control", I think PlayFair would have a tough time arguing they don't meet that standard just because they require you to have an authorized key to do the unlocking of the AAC file yourself.

    8. Re:Just a tad hypocritical... by aminorex · · Score: 1

      > I think PlayFair would have a tough time arguing
      > they don't meet that standard just because they
      > require you to have an authorized key to do the
      > unlocking of the AAC file yourself.

      Ummm. Do too. Playfair requires an authorized key.

      --
      -I like my women like I like my tea: green-
  43. Re:Where do you think the pressure is coming from. by ln+-sf+head+ass · · Score: 5, Insightful

    I'd like to think that Apple is doing this reluctantly, but they've used the threat of litigation against individuals and small organizations too many times in the past to give them the benefit of the doubt. They're like a smaller version of Microsoft--just as evil, but with style and with better PR.

  44. This is great! by Anonymous Coward · · Score: 0

    It's a great day to be an advocate of freedom.

    First, the report that MS is dropping several failed, controversial features from turdhorn...thus displaying their fundamentally flawed model of marketing before design, rather than actually helping people with products and features they want.

    Second, Crapple is exposed as the wicked runts that a lot of people have suspected they really are...by shattering the image that they, in any way, shape or form, support the fair use provisions of US copyright law.

    Yes! The free software model is proven superior whenever this crap flows.

    1. Re:This is great! by jcuervo · · Score: 1

      Ironic, how I'd always figured Apple as a bunch of hippies. Guess they're hippie lawyers.

      --
      Assume I was drunk when I posted this.
  45. My 2 cents by kaltekar · · Score: 4, Insightful

    Apple is mearly defending there copy protection mechinism(sp), most likly a requirment in the sea of contracts that Apple has with the RIAA and its affiliats, though I do not agree with using the C&D with the DMCA instead of a normal C&D. You must remember that Apples DRM is is the most liberal out there, allowing you to burn multiple CD's (which can still be ripped into MP3's) and transfer AAC Files to a back up and restore.

    I don't see this as any type of strong arm tactic by Apple to "put the little guy down" just protecting an updated bussiness model. Without ITMS no more iPod sales, which means no more street muggings (maybe this is a good dthing after all)

    --
    Ahh.. The mind what a wonderful trap!
    1. Re:My 2 cents by Anonymous Coward · · Score: 1, Funny

      Apple is mearly defending there copy protection

      PLEASE learn english!

      Apple is over there in Cupertino protecting their copy protection. Boy, they're mad about playfair.

      Three different words. Three very different meanings. Use the word that you mean.

  46. This isn't fair use, live with it by ShatteredDream · · Score: 0, Flamebait

    Apple's DRM allows you to burn your tracks to a CD and rip them back to any format you want. Oh, I'm sorry, is that too much of an inconvenience for some of you? Or is it that $0.50 for a CD-R is too much out of your budget?

    The RIAA and MPAA use things like this to boost their campaign for more control. You stupid fucks out there supporting these developers are the ones who are making the case for legislation like th CBDTPA and DMCA.

    Apple has been working hard to make fair use online distribution possible at a reasonable price then these guys come along and work hard to undo all of that so that they can do.... what exactly? You can already change the AACs to MP3s with a good CD ripper. What do you need this app for, besides sharing the tracks with every friend and family member you have plus on Kazaa?

    When the feds mandate Palladium and the CBDTPA, you people will only have yourselves to blame because you're making it hard for companies like Apple to create a market-oriented alternative that protects your rights. Maybe if you dumbasses would get away from your Linux boxen and hacked XBoxes long enough to study politics and causality you'd understand why supporting this is so stupid.

    I say good riddance to this project.

    1. Re:This isn't fair use, live with it by ln+-sf+head+ass · · Score: 1
      making it hard for companies like Apple to create a market-oriented alternative that protects your rights.

      I hope they're paying you well. Protect my rights? That's a good one. In any case, the only arbitror of whether it's a "market-oriented alternative" is whether it succeeds or fails. It looks like iTMS is doing OK, even hobbled by DRM, so it may have a shot. But the barrier to a real "market oriented alternative" is the RIAA members' oligopoly on distribution which would prevent the sale of lossless, non-restricted tracks.

      The "market" isn't restricting anything here; the RIAA is fighting the market.

    2. Re:This isn't fair use, live with it by LostCluster · · Score: 2, Insightful

      Physical barriers also stand in the way of lossless tracks. Simply put... downloading everything as a .wav file would mean multi-hour downloads even on broadband. Even the first digital file captured contails some loss from the analog audio that was available at the studio.

      So lossless is a myth. You've gotta pick the point that's "good enough for most consumers' ears" somewhere.

      Besides, its not only the RIAA members who want DRM on their tracks. You don't see any of the indie labels on iTMS demanding that Apple use non-DRMed AACs for them.

    3. Re:This isn't fair use, live with it by ln+-sf+head+ass · · Score: 1
      Besides, its not only the RIAA members who want DRM on their tracks. You don't see any of the indie labels on iTMS demanding that Apple use non-DRMed AACs for them.

      Can they? I don't imagine Apple would accomodate that even if the indies asked.

    4. Re:This isn't fair use, live with it by athakur999 · · Score: 1
      What do you need this app for, besides sharing the tracks with every friend and family member you have plus on Kazaa?


      Play the files in Linux without the quality loss from transcoding and without wasting a CD-R.

      --
      "People that quote themselves in their signatures bother me" - athakur999
    5. Re:This isn't fair use, live with it by Anonymous Coward · · Score: 0

      Palladium is coming, whether iTunes is hackable or not. The media industries will not give up on their illogical assumption that they can maintain physical control over information after it has left their possession. Breaking iTunes merely highlights that fallacy. We want to retain full and easy control over machines we own. DRM will always be ineffective, and so it should not be foisted on the public.

      If Apple allows rip-from-CD, then this crack doesn't do anything except show how end user written code can be ruled illegal and how our rights will be further impinged upon by our media-owned government.

    6. Re:This isn't fair use, live with it by Anonymous Coward · · Score: 0

      Apple's DRM allows you to burn your tracks to a CD and rip them back to any format you want. Oh, I'm sorry, is that too much of an inconvenience for some of you? Or is it that $0.50 for a CD-R is too much out of your budget?

      If this is a desirable thing to do*, then what difference does it make? Why go through the kludgey part with a CD-R when you can unlock the songs through software?

      * I don't think it is -- it degrades sound quality. But you Macbois are sure happy with it.

      Apple has been working hard to make fair use online distribution possible

      Apple took the deal the RIAA offered. "FairPlay" is nearly identical to an RIAA DRM proposal that was barbequed on Slashdot a few years ago. Steve Jobs is no hero in this story -- no more than Napster/Roxio/Real/everyone else selling DRM music.

      Also, you can bet the songs are all watermarked anyway, so woe to anyone who floods the P2P networks with unlocked AAC files.

    7. Re:This isn't fair use, live with it by negacao · · Score: 1

      You stupid fucks out there supporting these developers are the ones who are making the case for legislation like th CBDTPA and DMCA.

      By your logic, we shouldn't support open source because M$/etc argue that it helps terrorism...

    8. Re:This isn't fair use, live with it by Anonymous Coward · · Score: 0

      Why does having one method of transcoding mean you shouldn't be allowed to develop another method. Forget the quality loss issue. Forget needing to use a CD-R.

      What's the difference that makes it OK to use a CD to transcode, but not OK to use this program? What is there inherent in this program that makes it wrong? Not a single thing except the DMCA and the hissy-fits of the RIAA. Everybody asks "why" about this program, but the real question is "why not."

      We do have to deal with the DMCA. That's a definite answer to why not, but for most of us it's not a satisfactory answer. A bad law is a bad law. Plus, somebody else pointed out that this program could very easily fall under the interoperability exception.

      So tell me, is there any reason besides a law that shouldn't exist that this program should not exist?

  47. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    Who made the new Apple trojan that attaches to MP3s? And why have the M.A.C. Fanbois here at slashbot not put an article on that? Oh that's right, because it is not an attack on microsoft.

  48. Here's a clue for you...Fidelity. by Anonymous Coward · · Score: 0

    "All one has to do to "unprotect" the files is have a player that unlocks them and a high-fidelity digitizer (you know, something like an Audigy card or pod...) to record it with. "

    Haha, oh sorry, I wouldn't call the Audigy line "high-fidelity". Maybe "good enough", but not "high".

  49. what? by MachineShedFred · · Score: 2, Insightful

    "Now that Apple has publicly sided against freedom"

    Since when is Apple protecting their and others' copywrited works that they DID NOT RELEASE AS FREE (as in speech) SOFTWARE siding against freedom?

    Maybe you can explain that, as I don't understand.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  50. Re:Who didn't see this one coming ? by Anonymous Coward · · Score: 0

    Good thing you posted as AC. There's nothing more hazardous to one's karma than to dare to criticize Apple here.

  51. its too late anyway by Anonymous Coward · · Score: 0

    besides.. its already out..so gone from sourceforge or no.. its out and its not going away .. I got it and I know heaps of other ppl who got it too..

  52. Re:You don't say by danigiri · · Score: 4, Insightful
    Apple strong-arming the little guys? Apple using the DMCA to kill a free software project? Apple behaving like Microsoft et. al? And then reported on MacSlash? What is the world coming to??

    I can't wait to read all the apologist crap that's about to be posted here. Let the McFanboy fest begin.

    Being free (as in beer or as in speech) doesn't exclude you from being prosecuted if breaking the law. Don't like DMCA? Go lobby your congressman.

    If Apple didn't go and prosecute and strong-arm the "little guys" that illegaly (see above) damage its business, it would be a stupid move and be perceived in future lawsuits as "having no interest in protecting its trademarks, etc.".

    Apple is only protecting its interests, damaged by people that are acting against the law... how exactly is that "behaving like Microsoft"? I would call that "behaving smartly".

    <sarcasm> If some "little guy" mugs you in the street or strips your house bare, it should be your duty to report to the police, however futile. Poverty in the world? Go lobby your congressman. </sarcasm>

  53. Donate? by dolo666 · · Score: 2, Insightful

    Looks like you might be able to still donate to this project here. Could help them cover some court fees?

  54. Hmm... by T'hain+Esh+Kelch · · Score: 0

    doubleacr writes "MacSlash is reporting that PlayFair has been removed from SourceForge.net. Didn't see that one coming." He has to be the only dude on earth that didnt see it comming... It was pretty obvious...

    1. Re:Hmm... by Anonymous Coward · · Score: 0

      Uhm. Sarcasm.

  55. And you thought you defeated Communism? by Anonymous Coward · · Score: 0

    It will come back to haunt you until you die. It's immortal. You are not.

    "So raise the scarlet standard high,
    Beneath its folds we'll live and die.
    Though cowards flinch and traitors sneer,
    We keep the red flag flying here!"

    Eat flaming death, capitalist pigs...! :-)

  56. Amen! by Perl-Pusher · · Score: 2, Insightful

    I would never use this because of that fact. I bought my music at iTunes because the agreement is reasonable to me. I have burnt my songs to CD to play in my vehicle, and I have copies on my laptop and iPod. I'm satisfied, that my needs were met. If this is unreasonble to you, don't buy it. The people who use this software are trying to change the agreement after the fact, to suit them. Personally I think the price is about $0.49 too high, but the DRM restrictions are in no way unreasonable to me. If I thought otherwise, my money would go elesewhere.

  57. Full of sound and fury... by diamondsw · · Score: 3, Interesting

    I fully expect this to be struck down in the same way action against DeCSS was struck down. PlayFair only allows those who have already legally purchased the music to remove the DRM protections - something that was already possible with burning and re-ripping.

    Apple is no friend of DRM, but you can bet they are going to do what is necessary to maintain their relationship with the music labels, particularly in light of the labels trying to raise prices and increase restrictions.

    The end result of this is moot. Some will say the cat's out of the bag, the genie's out of the bottle, etc, but that's not the case. The cat was never in the bag - this could always be accomplished by a simple burn/rip cycle.

    (And before people point out that this doesn't require lossy recompression, seriously consider how many people will leave the file in AAC format, rather than transcode it to the ever-popular MP3.)

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
    1. Re:Full of sound and fury... by Anonymous Coward · · Score: 0
      (And before people point out that this doesn't require lossy recompression, seriously consider how many people will leave the file in AAC format, rather than transcode it to the ever-popular MP3.)

      I, for one, will be leaving the files in AAC format. I have more than 3 Macintosh computers that I'd like to listen to this music on. I've legitimately purchased the music off the iTMS, but the restrictions on FairPlay prevent me from even streaming the protected AAC files from one Macintosh to another. If I could enable more Macintosh computers to be able to play my authorized files, I wouldn't have to go to the trouble of deprotecting my protected music.

  58. What relevance parochial DMCA to free world ? by openmtl · · Score: 2, Interesting

    Huh - weird, I thought Sourceforge was related to Free/Open Source software. Odd how relevant that the DMCA is to this goal.

    Sounds like free and Open Source world requires a better domicile which is unaffected by parochial considerations. Maybe time that the EU or UN hosted software for and on behalf of the free world.

    Its a serious consideration as the US seems to be cyclical based on presidential terms whereas the EU or UN has no such short term considerations to trample rights.

    Apple should realise that the only way to protect youself from Open Source is to adopt a strong cryptographically signed service. There is no intrinsic value is any line of code but in code as a service. Sounds like lazy programmer bugs fixed by application of lawyer.

    --

    1. Re:What relevance parochial DMCA to free world ? by sfgoth · · Score: 1

      Apple should realise that the only way to protect youself from Open Source is to adopt a strong cryptographically signed service. There is no intrinsic value is any line of code but in code as a service. Sounds like lazy programmer bugs fixed by application of lawyer.

      Apple's implementation of FairPlay is a cryptographically signed music file.

      The problem is that the key has to be stored on the user's machine so that they can hear the music they bought.

      Playfair just finds the key and decrypts the music file permanantly.

  59. Re:You don't say by Steve+Fuller · · Score: 0

    Call me a McFanboy if you want, but do you really think that Apple wouldn't be sued out of existance by the RIAA for aiding piracy? They have to protect themselves by making at least token effort to stop it.

  60. Fair use is simple, and it doesn't mean free downl by Anonymous Coward · · Score: 0

    You seem to think that fair use means you can download stuff for free despite the wishes of the copyright holder. That is completely untrue! Fair use is a set of rights which are granted to you despite copyright restrictions. They include the ability to quote, criticize, study, and parody works with or without a license, and to make a backup copy, personal copies, time-shift, and format-shift if you do have a license. It's obvious that PlayFair can be used for many of those purposes.

    What makes you say that free downloads are fair use but PlayFair can't be used for fair use? That seems completely backwards, and contradictory, to me.

  61. Live by the crack pipe, die by the crack pipe by t_allardyce · · Score: 1

    They basically broke the law, it doesnt matter if the law is total crack induced bullshit invented by fuckwhits while they did their morning shit and had a smoke, its still the law, and unless you want to arm bears and rise up against the US government (which is supposed to be your right or something) then you just gotta get your DMCA violating source code from an off-shore ISP or get sourceforge to relocate.

    Or you could take the government to court for violation of the bill of rights? or even better create a new encryption protocal which is trivial to break and start sending 'spoof' terriost type messages around the net with various automated scripts until the feds crack it, then take the fbi to court. Didnt kazaa try and sue the RIAA for violating their network?

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Live by the crack pipe, die by the crack pipe by pla · · Score: 3, Interesting

      They basically broke the law

      No, they didn't.

      PlayFair actually checks that you have a valid key to use the downloaded music. It won't work on music that you haven't paid for. Thus, it doesn't "circumvent" the DRM, it fully enforces it. It does, however, change what happens to the music for those with legal access to it. Rather than play it, it writes the perfectly-legitimately-accessed music stream to a non-DRM'd AAC file.

      Call such a distinction nit-picking, but that very fact means the difference between a DMCA violation and a legal use of one's purchased music.

      Now, an end-user actually doing this process may violate their contract with Apple, but that differs drastically from the authors of PlayFair violating the DMCA.


      you just gotta get your DMCA violating source code from an off-shore ISP or get sourceforge to relocate.

      Exactly what happened - The project relocated to Sarovar, an Indian equivalent to SourceForge. Since India lacks an equivalent to the DMCA, the project should count as legal now.


      Interestingly, I'd like any readers of this to really stop and think about what that means - A project designed to protect our fair use (a concept itself (theoretically) recognized in the US but not in all countries) may have broken US law (unless this goes to trial, we can't say they did break the law), simply by moving to another country, magically becomes legal.

      So, the DMCA has so much validity that one can circumvent it (how apropos <G>) merely by changing where the "illegal" codebase resides? Definite problem there... Which of course, rather than address in any meaningful way, US lawmakers will try to "fix" by imposing the DMCA on the entire world via treaties (such as those currently under debate in the UN).

      Dike, meet fingers. Fingers, meet Dike.

    2. Re:Live by the crack pipe, die by the crack pipe by Anonymous Coward · · Score: 0

      "Dike, meet fingers. Fingers, meet Dike"

      Is this a girl on girl movie I need to be looking for?

    3. Re:Live by the crack pipe, die by the crack pipe by t_allardyce · · Score: 1

      I disagree totally, the DMCA is designed to make _anyone_ who even thinks about pissing off a corporation and getting in their way a criminal. In the spirit of the DMCA they broke the law - the program outputs un-DRM'd data thus 'disabling' the DRM and allowing the file to be played anywhere. Any judge worth their bribe would throw the book down and have sourceforge _and_ the programs creators behind bars before you can say right-to-appeal.

      --
      This comment does not represent the views or opinions of the user.
    4. Re:Live by the crack pipe, die by the crack pipe by t_allardyce · · Score: 1

      I think the saying means: girl A fingered girl B, or girl B fell on girl A's fingers, theres no difference, its still lesbian action.

      --
      This comment does not represent the views or opinions of the user.
    5. Re:Live by the crack pipe, die by the crack pipe by Garabito · · Score: 0

      rather than address in any meaningful way, US lawmakers will try to "fix" by imposing the DMCA on the entire world via treaties

      They are already doing that. For example, these regulations will be imposed on Central America. Similar regulations would be imposed to Australia.

  62. Re:Our response should be simple and brutal. by tantalus · · Score: 5, Funny

    Publicly burn any Apple hardware you own Mac/Ipod/etc. Try to do this en masse, and call your local news station.

    I hereby volunteer to be the organizer for a massive event of apple destruction. Please send any Apple hardware (and accessories... don't forget accessories) to me and I will personally supervise its elimination.

  63. How in the world?-I am consumer, hear me belch. by Anonymous Coward · · Score: 0

    "I don't need an excuse. I am the almighty consumer, and I will continue doing whatever is easiest/cheapest to get what I want. This is the way it has always been, and the way it will always be. "

    Which is why we have towns devastated by Walmart, and outsourcing to the cheapest nation. One of these days the "almighty consumer" is going to learn some kind of restraint, or pay the true price for their actions, and that my friend will always be true.

  64. I can see why they demand it be pulled, but.... by avaric3 · · Score: 4, Insightful

    This "crack" would not have cost Apple one cent (okay 99) in lost downloads.

    So someone could distribute high quality AAC files stripped of DRM. So what? There are already plenty of high-quality mp3, ogg and various other audio format rips of cds on p2p. There are also tons of fakes, radio rips, decoys, trojans, and just plain crappy rips floating on these networks as well. There is nothing stopping anyone from taking a fake or crappy mp3 rip and re-encoding it as aac and distributing it via p2p.

    The people that shop at itunes are not going to stop because there are now some additional aac files available on p2p. People that shop iTunes do so because of the user experience. You know you will get a fast, high quality download from iTunes. You can't be sure with P2P until you've downed the file and listened to the whole thing.

    On the other hand, increasing the price of downloads and/or forced bundling will cause iTunes sales to drop.

    1. Re:I can see why they demand it be pulled, but.... by Anonymous Coward · · Score: 3, Insightful

      Sure there are otherways to get MP3s of songs. Apple just does not want to be the conduit for the loss. That's reasonable isn't it. It certainly is there obligation to protect their music partners.

  65. GPL/fair use comparison by Infonaut · · Score: 5, Insightful
    Flip this around and imagine that I decide to circumvent the GPL by taking a piece of GPL software and using its source in piece of closed source commercial software. Wouldn't like that now, would you?

    This is a really interesting comment. You're drawing a comparison between the people who wrote the GPL and the people who wrote the iTMS contract, which is not something I've seen before.

    But it makes sense. Whether you're drawing a contract to protect intellectual property or protect *distribution* of intellectual property, in either case you are deliberately writing a contract that protects some actions and prohibits other actions.

    The GPL was developed based on the notion that software is essentially a form of speech, and so should be free. In order to protect this freedom, the GPL dictates that modifications to GPLed software must also be made under the GPL.

    The iTMS contract was developed based on the notion that in order for digital music to prosper, there must be limits on how widely a given purchased download can be distributed, so that the music's copyright holders can make a return on their investment. Without the profit motive for the copyright holders, the music won't be put on the iTMS, and Apple won't be making money.

    In both cases, restrictions are placed in the license to further the end goal. Attempts to circumvent the license by definition negate the end goal. If the GPL were repeatedly circumvented, the *implementation* of Free Software would be crippled as well. The same is true of the iTMS.

    You can't expect that if you change the rules of the game so you can enjoy benefits beyond those you agreed to at the time of purchase, Apple is somehow going to continue to provide the very tools that you hacked. This is quite similar to what would happen if Microsoft took all of the GNU tools, changed them slightly, and released their own Free Windows OS. Everyone on Slashdot would be crying bloody murder, because the value of GPLed software would be denigrated by Microsoft's circumventing of the GPL contract.

    --
    Read the EFF's Fair Use FAQ
    1. Re:GPL/fair use comparison by Anonymous Coward · · Score: 1, Interesting

      I like the GPL, but I don't like the Apple terms. What's wrong with supporting one over the other? They are completely different.

      If the DMCA is revoked, then Apple's terms have less teeth, but the GPL remains.

      If copyright law is revoked, the GPL becomes unnecessary.

      The GPL is aligned with my needs, and based on how little it is violated, it must be aligned with a lot of other people's needs too. The Apple license is not quite as friendly.

      I understand the thinking behing posts like this that attempt to create some kind of equivalence between the GPL and other licenses, but you can clearly see they are not the same. Dig deeper and you'll see why it's okay to like one and not the other.

    2. Re:GPL/fair use comparison by bladernr · · Score: 1
      If copyright law is revoked, the GPL becomes unnecessary.

      This is totally false. GPL requires that software derived from GPLed code is, itself GPL. Without copyright, nothing stops Microsoft from taking all GPL code, and bundling it in with their software.

      People 'round here seem to hate copyright, but it seems to me that OpenSource's future depends on copyright law, and the GPL model could not exist without copyright to defend it.

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    3. Re:GPL/fair use comparison by VP · · Score: 3, Insightful

      But it makes sense. Whether you're drawing a contract to protect intellectual property or protect *distribution* of intellectual property, in either case you are deliberately writing a contract that protects some actions and prohibits other actions.

      No, it doesn't make sense. Is it really so hard to see that the two are not comparable at all?

      Here is why these are completely different: the iTMS agrement is a contract, the GPL is a license. Contracts are based on contract law, and the GPL is based on Copyright law. You can check Groklaw for a decent explanation of the GPL: see the "Copyright and the GPL" section".

      Further more, the GPL is a license which grants you rights above and beyond what the law grants you (fair use rights are part of copyright law). The iTMS agreement (and DRM in general) restricts your rights to fewer than granted by fair use. This is why EULAs and such are controversial, and may not really be enforcable.

    4. Re:GPL/fair use comparison by Anonymous Coward · · Score: 0

      As was pointed out in the previous PlayFair story, the GPL is a license on distribution which is the legal right of the copyright holder. The iTMS license is a license on use, which cannot legally limit fair use.

      There is a difference.

    5. Re:GPL/fair use comparison by Anonymous Coward · · Score: 0

      -----
      The iTMS contract was developed based on the notion that in order for digital music to prosper
      -----
      Slavery was based on the notion that it was a necessary part of business.

      Okay, that's over the top, but I'm still forwarding the argument: At what point can a contract be hypocritical to the point where it violates law?

      Why is it that the simple act of signing a contract is given all the weight of negating underlying fundamentals of humanity?

      Eg. Once you and I have agreed to a price for something -- It's _MINE_ and I can do with it as I please. An army of lawyers dictates the functioning of our current society the same way King George ruled the colonies,"These are the laws, you agreed to them by being born, resistence is futile, you will be assimilated."

      +++ATHZ

    6. Re:GPL/fair use comparison by moongha · · Score: 2, Insightful

      Nobody is saying you have to like the iTMS license. He's saying that if we choose to only obey the licenses that we agree with, pretty soon they'll all become irrelevant.

      Including the GPL which you state you like.

    7. Re:GPL/fair use comparison by Anonymous Coward · · Score: 0

      [QUOTE]The iTMS agreement (and DRM in general) restricts your rights to fewer than granted by fair use.[/QUOTE]

      I don't see how the agreement restricts my rights to fewer than those granted by copyright law and fair use. I can make backup copies, I can play it on multiple machines from those backups, and I can even (*GASP*) back it up onto a CD in an UNPROTECTED format.

      Hmm... here is the chunk of copyright law that describes what "Fair Use" is:

      [QUOTE]Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright[/QUOTE]

      This means that you can make copies to critize it, comment on it, report on it, teach it, research it. Beyond that, it isn't protected under Fair Use.

      The backup copy that everyone seems fond to point out is actually written under a section regarding computer programs ONLY. You are allowed ONE ARCHIVAL BACKUP COPY OF COMPUTER SOFTWARE under copyright law. While it is true that courts have set the precident of time-shifting, this precident has the effect of giving you a time-shifted copy of any copyrighted works.

      So, 3 computers can play and burn purchased AAC files, you can re-rip them, or do whatever with the time-shifted copies (remember copyright law only requires the allowing of ONE time-shifted copy), AND, you can backup the protected AAC files however you wish.

      I hardly see how the iTMS agreement restricts anyone's rights to less than that given by fair use.

      The DMCA is a whole different issue, which I am ignoring for the moment... simply because this concept of fair use is a little out of hand.

    8. Re:GPL/fair use comparison by VP · · Score: 1
      Too bad you posted as an AC, since you make a good point.

      I admit that I am mixing few different things when I talk about fair use. In addition to fair use as explicitly defined by law, I also look at the following criterea:
      • The Book criterion
      • The CD criterion
      The book criterion is the fact that if I have a book, I can use it anywhere I want - at home, at the beach, at a friend's house. I can lend the book to others, I can even sell the book. Digital music can satisfy all of these uses, and none of them are copyright infringement. Any additional schemes which limit these uses (whether it is limitting the number of computers on which I can listen to it, or the quality degradation involved in burning CDs) I consider limitting my fair use rights.

      The CD criterion adds the option of atually making copies - I can burn a copy of a music CD so that I can listen to it in the car, another copy for the bedroom stereo, one for the living room stereo, and one for the PC at work. This is just satisfying the right to use the content in any place, adjusted for the technology involved.

      I believe both of these cases are within fair use rights. If either of these uses is illegal, then I think copyright law is more broken than even people here realise.

      The DRM schemes dreamt up by music executives clearly try to limit the ways we can currently use content in the form of books or CDs, even if technically these are not explicitly part of the laws regarding fair use. (IANAL, in case people were wondering - if there are more knowledgable people about the legal standing of the cases I have shown, please post!).

      This is the reason for my original comment that the iTMS agreement and DRM in general restrict existing rights.
    9. Re:GPL/fair use comparison by Alsee · · Score: 2

      People 'round here seem to hate copyright

      Not me. Copyright is a good thing. Or at least it would be if we simply repealed all the crap laws passed since 1975 or so. Laws that were all literally written by lawyers employed by the publishing industry by the way. The publishing industry has NO legitimate right to be involved in copyright laws anyway - they are a bargain between the public and authors/artists. The publishing industry likes to claim it represents the authors/artists, but they screw over authors/artists every chance they get, in adition to screwing over the public.

      When we start ripping up bad law *then* copyright is a good thing.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:GPL/fair use comparison by Alsee · · Score: 1

      the chunk of copyright law that describes what "Fair Use" is

      It's vital to realize that that law merely gives examples of fair use and examples of factors to consider when determining fair use. Note the"including such use" in the list of examples. Not the "to be considered" on the list of factors to concider. Fair use is not granted by that law, that law just makes a (lousy) attempt at describing it.

      This means that you can make copies to critize it, comment on it, report on it, teach it, research it. Beyond that, it isn't protected under Fair Use.

      That's a completely backwards reading of the law. The text is all illustrative, NOT restrictive. Fair use is what the courts say it is, and that law only scratches the surface of what fair use really means and how it is determined.

      The signifigant thing to see in the law is that it says "fair use of a copyrighted work... is not an infringement of copyright". If a use is fair use - then it is completely IMMUNE to all copyright restrictions. Fair use sweeps away copyright.

      So the point is that if what I want to do is fair use (such as making a backup, or a school project), then it is not copyright infringment and there are no copyright restrictions no matter what form of it I use - including the raw ACC form hidden under the DRM.

      I hardly see how the iTMS agreement restricts anyone's rights to less than that given by fair use.

      If I'm making fair use, copyright law does not (and cannot) restrict me from using the original clean form of the song.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:GPL/fair use comparison by mrsev · · Score: 1

      There is a point being missed here. With iTMS there is a restriction placed on what I can and cannot do in "private" with my songs. With a piece of GPL software I can do whatever I want in "private" I can print it on puchcards and burn it if I want. If however I choose to release it or sell it I am bound by the GPL. With the iTMS songs I cannot release them in "public" or sell them.. this is against copyright. Do not mistake the GPL which is a copyright liscence with the iTMS TOC which has nothing to do with copyright. (Cracking it is covered by the DMCA ...I think)

      On a side point I do not think that there is any rule about you taking your iTMS songs out of the US. Removing the copy proteciton there and then bringing them back. (FYI IANAL)

    12. Re:GPL/fair use comparison by EvilSporkMan · · Score: 1

      This is quite similar to what would happen if Microsoft took all of the GNU tools, changed them slightly, and released their own Free Windows OS
      You know, that's one hell of a fallback plan for MS in its quest for world dominaton...

      --
      -insert a witty something-
  66. MOD PARENT UP PLEASE by Anonymous Coward · · Score: 0

    pathetic. i knew va was evil but thats nugz.

  67. Using the DMCA to kill reverse engineering... by adequacy · · Score: 0

    "Maybe you can explain that, as I don't understand.

    Certainly.

    It iss an assault on freedom. I support good access control - access control that is strong enough to prevent reverse engineering. This is how security works. What I cannot support is organizations like the MPAA, RIAA and Apple using a bad law to suppress the speech of programmers. Source code is free speech! Where have you been all these years?

    I am very sorry for the MPAA and Apple that they hired incompetents to write their access control mechanisms. However when you start banning speech, where does one draw the line? I'm sure we will soon have a PlayFair T-shirt at ThinkGeek, and Apple will have to start having wearers of the T-shirt arrested, much like the MPAA.

    It is a very simple assault on freedom that fortuneately is illegal in the countries like Germany where reverse engineering is legal - and where this software will eventually find a home.

  68. Let's face it, PlayFair ... doesn't by your_mother_sews_soc · · Score: 1

    How many of you have been in restaurants and bars where is costs between fifty cents and a dollar to play a song on a jukebox? If everyone who wanted to hear "Freebird" whipped out a crowbar to (w)hack the machine, it would be insane. Parents would stop taking their little kids to Pizza Hut and shopkeepers would become outraged at the lawlessness.

    For 99 cents a song, people need to grow up. For the price of a spin of a jukebox you get to take the music with you. What was it my dad used to say, if you want to dance, you have to pay the piper? Damn straight.

    --
    My user name was a mistake. Input wasn't restricted, my bad.
    1. Re:Let's face it, PlayFair ... doesn't by Anonymous Coward · · Score: 0

      This is intended for use on songs you already own. By its nature it won't work on songs you don't own. The piper has been paid, and we are dancing. It is simply not the dance that the RIAA wanted.

  69. Macslashdotted? by BlueUnderwear · · Score: 1

    Should a site really have slash in its name if it can't stand a little bit of dotting?

    --
    Say no to software patents.
  70. mods on fucking crack today. by Anonymous Coward · · Score: 0

    I see all these people bitching about how PlayFair lets you steal music. (It doesn't.)

    And then I see all these people modded up, and none of the replies modded up.

    *sigh*

  71. You're the prick by Safety+Cap · · Score: 0
    >Thanks for being a prick and ruining it for everybody.

    By your standing by and doing nothing other than bellyaching (do you even know who your reps/MPs are?), you are ruining it for everybody.

    --
    Yeah, right.
    1. Re:You're the prick by grioghar · · Score: 4, Insightful

      I've written my Congressman on the appealation of the DMCA, I've gone to open forum talks and brought the subject up, so don't talk to me about bellyaching.

      I've done my part in promoting fair use in as much as I can. I'm anti DMCA, just as a good SlashThinker should be.

      Using the software that Apple provides means you agree to the terms that usage provides. Don't like it, don't use it, but SURE AS HELL don't ruin it for people who agree with it and accept it in it's current form because you can't play it on every device you own.

      Find an alternative, but don't ruin what I find is the fairest, most reasonable DRM to exist on the market.

      There is a GPL comparison found later in this discussion which I love completely, and will reiterate here.

      What would be said by the OSS community if someone decided they were going to use GPL'd software outside of it's license "because they didn't agree with it," but still wanted the benefit of using it. You'd all be up in arms. I'd be up in arms.

      I think I've made my point.

      --
      Can you ping me now? Gooood! | Manhappenin.Net - Things to do
    2. Re:You're the prick by moongha · · Score: 1

      Oh please... Do you what the polls in Spain indicated the public opposition to the war in Iraq was? About 90%. And the incumbent were still on the brink of being re-elected (until the Madrid bombs).

      Do you know what the percentage of the American public that have even heard of the DMCA is? I don't know but I'm guessing it's less than 1%. I'm also guessing that less than 10% of the public would understand the issues involved even it were explained to them.

      So forgive me if I express doubt that writing letters to politicians who's campaign funds come directly from the RIAA & MPAA is going to have much of an effect.

    3. Re:You're the prick by marick · · Score: 1

      You said: What would be said by the OSS community if someone decided they were going to use GPL'd software outside of it's license "because they didn't agree with it," but still wanted the benefit of using it. You'd all be up in arms. I'd be up in arms.

      Sorry, there are no restricitons on use of GPL'd software. It's a "license to distribute" not to use. Use licenses are different, and frankly, more disturbing.

      Sorry to be confusing you with facts, but there IS a difference.

    4. Re:You're the prick by Anonymous Coward · · Score: 0

      Sorry, there are no restricitons on use of GPL'd software. It's a "license to distribute" not to use. Use licenses are different, and frankly, more disturbing.

      You don't get the point do you? It has nothing to do with the terms of the license or the type of license or whatever.

      There is a license attached to a product or service. There are legitimate two options: use the product/service and accept the license, or don't use it and don't accept. Using it but not accepting the license isn't a valid option.

      If you don't like the terms a product or service comes under, you should refuse to use it, and encourage others to do the same. That's really the best way to protest, not by circumventing the license.

    5. Re:You're the prick by Anonymous Coward · · Score: 0

      The GPL does not generally cover USE of software.

      In fact, they generally go out of their way to avoid covering the ordinary use of the program (unless it's used in such a way as to make a derivative work of the original program; this is the only USE exception).

      Now, redistribution, on the other hand...

      That said, yes, Apple's DRM is much more tolerable, even if DRM is something like spam--I don't want ANY (see original skit on spam for details).

    6. Re:You're the prick by Anonymous Coward · · Score: 0

      What would be said by the OSS community if someone decided they were going to use GPL'd software outside of it's license "because they didn't agree with it," but still wanted the benefit of using it. You'd all be up in arms. I'd be up in arms.

      The GPL's influence comes into play when I distribute software.

      The DMCA comes into play when I use software.

      See why your analogy is invalid?

    7. Re:You're the prick by Anonymous Coward · · Score: 0
      From the GPL, section 5:
      You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
      You need to accept the license in order to distribute software, but the GPL is specifically designed so that it's not another click-through license.
    8. Re:You're the prick by aminorex · · Score: 1

      GPL is just a powergrab. The significant difference
      between the GPL powergrab and, say, the Apple iTunes
      SLA powergrab is that the GPL powergrab is defensive.
      I can understand and empathize with a human's desire
      to defend theirself by any means necessary, whether
      I agree with it or no, while simultaneously decrying
      or even decapitating the bastard who is attacking
      said human.

      --
      -I like my women like I like my tea: green-
    9. Re:You're the prick by Burpmaster · · Score: 1
      I've done my part in promoting fair use in as much as I can.
      ...
      Using the software that Apple provides means you agree to the terms that usage provides. Don't like it, don't use it

      Considering that every copyright holder can have you agree to their terms before buying their stuff, and they pretty much all do, just what do you think fair use is?

    10. Re:You're the prick by Niten · · Score: 1

      But this is entirely about the DMCA, not Apple's terms of service. Apple would have no case to ask SF to take the file down based on their iTunes terms of service alone, because neither SourceForge nor PlayFair's authors broke Apple's TOS in posting PlayFair.

    11. Re:You're the prick by Anonymous Coward · · Score: 0

      Using the software that Apple provides means you agree to the terms that usage provides. Don't like it, don't use it, but SURE AS HELL don't ruin it for people who agree with it and accept it in it's current form because you can't play it on every device you own. ...

      What would be said by the OSS community if someone decided they were going to use GPL'd software outside of it's license "because they didn't agree with it," but still wanted the benefit of using it. You'd all be up in arms. I'd be up in arms.


      The difference is, according to Fair Use doctrines, the iTunes terms may not be vaild in the first place. It's not certain that breaking the DRM on a file is illegal, regardless of what the DMCA claims. Thus, buying the iTunes AAC and then breaking the DRM is not necessarily violating the contract, because Apple may not have had the ability to say you couldn't do that in the first place (as I understand it).

      Just because you sign something saying you give up a right, doesn't necessarily mean you have, as I understand it. It's like those waivers people sign before they go skydiving or whatever, saying they won't sue if they get injured. They can still sue--the only thing that the agreement does is make the company look good in court, because they can say the person knew of the risks beforehand. In this case, Apple can tell me that they'll only sell me this file if I promise not to strip off the DRM, but me agreeing to that doesn't mean I can't do that, if I have that right under Fair Use (as I understand it).

      It appears to be an open question, still, as to whether you actually have that ability under Fair Use. I believe you do (or should), but there's a fair amount of evidence that would say that you can't (at least in the current legal envrioment).

      In any case...while the legal enforcability of the GPL is also unknown, it only handles distribution, which is not a right, as I understand it. So you can sign away your ability to redistribute something, and it will be legally binding. As I understand it.

  72. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    I honestly don't know, but I would imagine that Apple is concerned about this not because they want to make sure everything stays locked up for the sake of being locked up, but probably because they don't want the RIAA to yank their licenses and cause all of the iTMS to come crashing down.

    Sure, you can make all the standard black helicopter and tinfoil hat jokes, but I really don't see how Apple would care about this, save the ramifications for keeping an amicable relationship with the RIAA pigopolists


    So they are acting as a proxy for the pigopolists. That is at least as bad, if not worse than being a pigopolist in the first place -- aiding and abetting the enemy as it were.

  73. Don't like the terms? Don't buy the music. Simple. by Saeed+al-Sahaf · · Score: 2
    Apple created a piece of software that doesn't allow people to play the music their paid for on the devices of their choice.Apple created a piece of software that allows people to play their music paid for with certain licensing restriction on devices that Apple has licensed you to play it on.

    If you don't like the licensing terms, don't purchase the music under those terms! The choice is all yours!

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  74. Strike me down and I will become more powerful... by aliya · · Score: 1

    "Strike me down and I will become more powerful than you can ever imagine."

    I guess it seems to me that this program is most important as a proof of concept, as it shows some of the flaws inherent in DRM thinking. I would never use it spread files myself, but such things need to keep popping up to remind media companies of the futility of what they're trying to foist on those of us who just want the right to listen to the music we purchase without arbitrary restrictions.

  75. Mirror away by Anonymous Coward · · Score: 0

    Full copy of the CVS root:

    http://cvs.sourceforge.net/cvstarballs/playfair- cv sroot.tar.bz2

    Will be gone tomorrow, so be quick.

    1. Re:Mirror away by Anonymous Coward · · Score: 0

      Anyone have a mirror up for Freenet?

  76. We need "freedom.sourceforge.net" by Quila · · Score: 1

    Hosted on a server in a country that doesn't believe in stupid IP laws. Move the projects there.

    1. Re:We need "freedom.sourceforge.net" by Anonymous Coward · · Score: 0


      "Hosted on a server in a country that doesn't believe in stupid IP laws. Move the projects there."

      Where would that be, exactly?

  77. Re:You don't say by The+Bungi · · Score: 1
    You are absolutely right. Everything you said is correct and I agree 100% with it. I expect Apple to do these things, just like any other company would.

    But that wasn't the point. I'm not whining about what Apple is doing.

  78. Challenging this by mcc · · Score: 4, Insightful

    Should the project managers file a counterclaim, the project could be restored.

    Uhh, I doubt it. This is about the most clear-cut case of the DMCA's anti-circumvention provisions applying you could get. The only way this could be declared unworkable is if the DMCA was struck down. Given, striking down the DMCA is only a matter of time, and it needs to happen. But if you're trying to find an optimal case on which to challenge the DMCA, this certainly isn't it.

    The EFF failed to challenge their lower-court losses over DeCSS because they believed they would not have a higher court's sympathy when defending a group named "2600.com", and they needed to wait for a more opportune small case that could be used to set precedent. I'm not so sure this was a good idea. But in any case, this would be even worse.

    With DeCSS, there was at least overwhelming public sympathy, and the intent of the opposition was clear; you were fighting the DVD consortium and MPAA directly, and they were clearly moneygrubbing oligopolists trying to price-fix between countries and take rights consumers had had for years (like copying vhs tapes) and remove them through a law they personally bought. Whereas Apple has created something new, and is giving their users at least a modicum of ability to exercise fair use. The application of the DMCA is still unjust, and DRM is still an idiotic concept, but framing Apple as a villan in this would be really difficult, especially when far more clear abuses of the DMCA are still going on.

    I do wonder, though, why the EFF seems totally disinterested in challenging the DMCA anti-circumvention provisions. It seemed like DVDxCopy made a great test case, and the bullshit with the lexmark print drivers made an even better one. Have they just given up?

    (P.S.: If I am not mistaken, isn't this the first time Apple has ever invoked the DMCA? There was that one time that someone was doing something wierd involving allowing iDVD to work on a different OS version, and Apple asked them to stop, and they did and went and complained to the press and made some cryptic comments about the DMCA, yet from what was seen of apple legal's correspondence with them there didn't actually appear to be any DMCA invocation. Hm.. oh well.)

    1. Re:Challenging this by Anonymous Coward · · Score: 0

      > Apple has created something new

      I don't think that Apple is as disconnected from the RIAA as you folks would like to believe. In this venture, they are joined at the hip -- and Apple is carrying the water here for the record companies.

      Nor is Fairplay really anything "new" -- it's basically the same thing as every other online music store, and follows published RIAA specs for DRM systems.

      Most people here think "Apple==Good; RIAA==Bad", but for this one, you guys are going to have to get over the cognitive dissonance. They have the same goals here -- to sell DRM protected music and use the DMCA to enforce it.

    2. Re:Challenging this by mcc · · Score: 2, Insightful

      Nor is Fairplay really anything "new" -- it's basically the same thing as every other online music store, and follows published RIAA specs for DRM systems.

      Yes, just like all those other large-scale online music stores we had before the iTMS. Wait, what?

      Most people here think "Apple==Good; RIAA==Bad", but for this one, you guys are going to have to get over the cognitive dissonance.

      You may or may not have noticed this, but in the grandparent post I made no attempt to make a value judgement of whether what Apple is doing is good or bad. I was just trying to say, it certainly isn't unambiguously bad, and trying to convince the general public that Apple is in a "bad guy" role is, more than likely, going to be an extremely uphill battle.

      As for myself, I can see where your viewpoint is coming from, but I don't particularly share it. I would like to hope that Apple's goal is just to sell music, period, and the DRM is there because Apple recognizes that high levels of DRM are a demand made by the supply part of the economic section they've dropped themselves into. Does Apple themselves actively want the DRM? Hell, maybe. I don't know. However, I can plainly see by the technical decisions they have made that they at least recognize that the demand part of the iTMS's economic sector-- you know, the customers-- demands as little DRM as possible. The fact they are at least willing to recognize this means that this is, for the moment, good enough for me. In other words, I consider DRM evil, but I am totally neutral on the specific case of Apple's connection to DRM.

      That said, in this case, I do consider the RIAA==evil and Apple==good. I consider my reasons for this reasonable.

      The reason I consider the RIAA evil is not just because of the DRM, but because they're an oligopoly, becuase they have a deathgrip on the commercial expression an art that is important to me, and becuase they are using that deathgrip to limit the range and depth of expression within that art.

      The primary reason I consider Apple good in this case is because the iTMS carries non-riaa record labels. To me, this means that the iTMS is an exposing force for independent musical artists. To me, this means that the iTMS is a positive thing. I would consider that positive thing to be significant enough it overcomes whatever extent to which the iTMS promotes the use of DRM technologies.

      This is just my opinion.

    3. Re:Challenging this by David+Price · · Score: 1

      You may have the two major parts - anti-circumvention and ISP liability limitation - of the DMCA confused or conflated when you dismiss the efficiacy of a counterclaim.

      The anti-circumvention provisions are contained in Title I of the DMCA. It states, in part: "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that...is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title..." (17 USC 1201).

      DMCA notices and counter-notices are covered by Title II. A DMCA notice must contain "Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site." (17 USC 512). Title II refers only to copyright infringement, which is a distinct act from trafficking in a circumvention device.

      Subtle point: I don't think that you can combine the two into one. Apple doesn't allege that PlayFair infringes its copyrights - after all, Apple did not write PlayFair, nor is PlayFair a derived work of anything Apple wrote. PlayFair itself is copyrighted by its authors, not Apple. It may or may not infringe on Apple's Title I "paracopyright," but this is a separate issue from infringing on actual copyrights, and so I don't think that Title II covers it.

      If the PlayFair people wanted, I think they could send a DMCA counter-notice to SourceForge indicating that they are not infringing on Apple's copyrights.

    4. Re:Challenging this by aminorex · · Score: 1

      > This is about the most clear-cut case of the
      > DMCA's anti-circumvention provisions applying you
      > could get.

      Excuse me? This is ludicrous. I hereby mock you.
      Playfair is designed to simply the process of
      converting an iTunes media file to a format playable
      on devices other than the iPod. This is precisely
      the definition of fair use established by the courts.
      Hell, it's obvious from even the NAME of the flipping
      project that it is designed to facilitate the
      exercise of fair use rights.

      No, the C&D is pure, transparent barratry, which is,
      in fact, a violation of law. The act of sending
      the C&D is a legally culpable act.

      --
      -I like my women like I like my tea: green-
    5. Re:Challenging this by Anonymous Coward · · Score: 0

      > Yes, just like all those other large-scale online music stores we had before the iTMS. Wait, what?

      New Napster, Real, all online at about the same time -- long before iTunes if you are Windows user. Sounds like you are a Reality Distortion Field victim.

      Read any interview with RIAA people -- they weren't and aren't playing any favorites with Apple.

      I'm just sick of the implication that Apple is somehow "fighting the Man" by becoming a full business partner with the RIAA and doing the DRM dirty work. They are the Man, now, at least for digital music.

    6. Re:Challenging this by mcc · · Score: 1

      Playfair is designed to simply the process of converting an iTunes media file to a format playable on devices other than the iPod. This is precisely the definition of fair use established by the courts.

      Um, yes... and it's a clear-cut violation of the DMCA anti-circumvention provisions. The DMCA and the doctrine of fair use established by the courts are incompatible. Did you actually read any of my post past the second sentence?

    7. Re:Challenging this by achurch · · Score: 2, Insightful

      This is about the most clear-cut case of the DMCA's anti-circumvention provisions applying you could get. [...] if you're trying to find an optimal case on which to challenge the DMCA, this certainly isn't it.

      On the contrary, I think that would make it an excellent case to challenge the DMCA with. If you try using a case where the DMCA shouldn't have been applied in the first place, the judge will just say "sorry, the DMCA doesn't apply" and toss it. With a case like this, you'd force the issue of whether the DMCA itself is appropriate.

      Of course, forcing the issue entails risks, and I'd agree that using PlayFair as the subject would be questionable in the current political climate. But, IMHO, we ought to be looking for things that clearly violate the DMCA because they can demonstrate best why it's a bad law.

  79. I have playfair-0.3 source and dmg by Slowtreme · · Score: 1

    I submitted this story last night when I found that the project got pulled (like 1930 EST), but at the time it had not been re-upped anywhere. I quickly URL searched a mirror for links and grabbed the 0.3 tarball and the compiled Mac OSX dmg GUI version.

    I'd be glad to give this to someone with a mirror. I won't host this for a slashdotting :)

    --
    Post: Sigged, for your pleasure.
    1. Re:I have playfair-0.3 source and dmg by NETHED · · Score: 1

      email it to me nethed@hotmail.com, and i'll post it at http://playfair.empiresouth.com/

      --
      --sig fault--
  80. This isn't fair use, live with it-Border Patrol. by Anonymous Coward · · Score: 0

    "But the barrier to a real "market oriented alternative" is the RIAA members' oligopoly on distribution which would prevent the sale of lossless, non-restricted tracks."

    So all those people calling for musicians to deliver their music via the Internet are wrong then. Either there's a barrier or there isn't, choose.

  81. Re:It is all clear now. by Anonymous Coward · · Score: 0

    hahahaha

  82. Why don't you use CDRW discs? by mfh · · Score: 1

    And just keep reusing the same disc for conversion?

    Apple is just trying to keep the music industry happy, Jobs himself said in a Rolling Stone magazine interview that DRM for music is "not possible". They need to pay lip service to the industry but I think it's fairly clear (no pun intended) that they are advocates of fair use.

    The fact that you can burn limitless CDs for your friends of the music you have purchased is proof enough for me.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Why don't you use CDRW discs? by clickster · · Score: 1

      That would solve the coaster problem. Though it doesn't solve my time problem. I still have to essentially babysit my CD Burner (unless you know a program that will burn to disc, then rip from it - without ejecting the disc in the process.

      --
      If you mod me down, I shall become less powerful than you could possibly imagine.
    2. Re:Why don't you use CDRW discs? by Anonymous Coward · · Score: 0

      There's a lot to be said in favor of burning your purchased music to CD-Rs as a matter of course. If you ever experience a hard-drive crash, Apple is not going to let you re-download all of those tracks. Customers need to take responsibility for making permanent archives of their purchases. The ability to subsequently re-rip the archives to unprotected .MP3 files is just icing on the cake.

    3. Re:Why don't you use CDRW discs? by Anonymous Coward · · Score: 0

      Geez people...

      (1) Launch Toast
      (2) Select "Audio CD"
      (3) Drag protected AAC files to Toast window
      (4) Watch Toast convert AAC files to AIFF (assuming your machine is authorized, of course)
      (5) Dig AIFF files out of /tmp directory (or Roxio Converted Items)

      There used to be a way to export the audio track from protected AACs using QuickTime Player (Pro) but they seem to have plugged that hole. IIRC you could open the AAC, extract the audio track, then export the track as AIFF -- you had to do it in two steps, merely exporting the AIFF from AAC would give you an unusable file.

      In the early days of the iTMS most sound editing apps would happily use QuickTime to decode the AAC files and let you simply re-save them as whatever you wanted but that only lasted a couple of weeks.

  83. cute us! by Anonymous Coward · · Score: 0

    Apple is so cute. I love my fastest computer in the world. Developers are flocking to Apple !!! I'm going to the next Pixar movie after attending Virginia Tech (who saved money by using Apple) with my shiny new iPod !!!!

    I love Steve Jobs !!!!

  84. Re:This isn't fair use, live with it-Border Patrol by Anonymous Coward · · Score: 0

    Read the post you're replying to. For comprehension this time.

  85. Anyone who didn't learn the W.A.S.T.E. lesson by Nom+du+Keyboard · · Score: 1

    Anyone who didn't learn the lesson when W.A.S.T.E. was posted, and taken down the next day, should learn from this to grab the interesting stuff when you hear about it, and not wait until you think you have a use for it.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  86. SourceForge.net is owned by OSDN, the parent... by Anonymous Coward · · Score: 0

    SourceForge.net is owned by OSDN, the parent company of Slashdot.

    Thanks for the info.

    Brainwash!

  87. Re:Where do you think the pressure is coming from. by Total_Wimp · · Score: 1

    So they are acting as a proxy for the pigopolists. That is at least as bad, if not worse than being a pigopolist in the first place -- aiding and abetting the enemy as it were.

    You couldn't tell that from the fact that they sell the "pigopolist's" music openly?

    If you don't like the RIAA, the RIAA'a family and anyone who owes the RIAA money then that's your business (and I don't blame you), but don't act like you this is some "big, new surprise" that apple has contracts with these people and they try to follow the requirements of the contracts.

    TW

  88. They're not playing fair...Foundations. by Anonymous Coward · · Score: 0

    "We are allowing for bad precedents to be set. "

    Really? What kind of "bad precedent" is it to not buy something you disagree with?

  89. Even better by Quila · · Score: 1

    I'd bet that most AACs at iTunes are ripped from the master instead of from CDs. It's likely that an AAC>CD>OGG rip couldn't be differentiated from a CD>OGG rip by the average person.

    I haven't tried it, but it makes sense.

    1. Re:Even better by Anonymous Coward · · Score: 0
      What are you talking about?
      How is the CD copy any different from the master?


      IT'S DIGITAL.

    2. Re:Even better by headwes · · Score: 1

      Masters are often recorded at higher sample rates and bit depths.

    3. Re:Even better by Anonymous Coward · · Score: 0

      " I'd bet that most AACs at iTunes are ripped from the master instead of from CD"

      I'll bet that most CD's are burned from the master.

      Please. You iTMS apologist always trot this out. At the end of the day, you have a mediocre quality rip at 128kb. I don't care if you're jesus f'ing christ. Its worse than the CD.

      The more you try to claim 128kb from the "master" is equal to (or better than) a full CD, it makes you sound like the cave man who thinks lighting and thunder are the anger of the gods. Its superstition. Its junk science. Its taking a little knowledge and drawing poor conclusions at best. At worst, its a religion that lets you "believe" apple is better than anybody else.

      Promise me that the closest you've been to college is watching "The final four" on TV. Because otherwise you got ripped off for that education.

    4. Re:Even better by Anonymous Coward · · Score: 0
      Nyquist, meet headwes.Headwes, meet Nyquist.

      ~~~

  90. ELMEGIL 1 - JCG 0 by Anonymous Coward · · Score: 0

    EOM

  91. Counterexample. by vegetablespork · · Score: 1

    Point me to that "wider propagation" of the Windows 2000 and NT4 source code. Don't forget to cull out the fakes set by the black helicopter brigade (Cyveillance, BayTSP, et al) to entrap would-be downloaders.

    --

    Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    1. Re:Counterexample. by Anonymous Coward · · Score: 0

      Cyveillance could have some of your 'IP' on their web server right now, I advise all slashdotters to wget the entire cyveillance site for carefull diffing with your own files - just in case.

    2. Re:Counterexample. by ln+-sf+head+ass · · Score: 1

      Not having looked for it, I can't know. But I suspect it made it to Usenet and could again were someone to request it in an appropriately named group.

    3. Re:Counterexample. by aminorex · · Score: 1

      http://www.winmx.com/

      --
      -I like my women like I like my tea: green-
  92. You've got to be joking by edremy · · Score: 2, Informative

    Apple created a piece of software that doesn't allow people to play the music their paid for on the devices of their choice.

    You know how hard it is to format-shift those DRM equipped AAC files in iTunes?

    1. Create playlist of songs
    2. Stick in blank CD-R
    3. Click "Burn"

    Congrats, you now have a standard audio CD. No DRM, plays in any machine that will play a CD. Feel free to rip it to MP3, OGG or anything else.

    All PlayFair saves is $0.25 on a blank CD and about 5 minutes. If that's a serious problem for you, perhaps you should buy something else.

    --
    "Seven Deadly Sins? I thought it was a to-do list!"
  93. sometimes not so cut and dry by Slowtreme · · Score: 1

    I didn't think I had a problem with the DRM either. Well I don't BUT...

    At work they recently firewalled off the connection to iTMS so I can't auth my work PC to play my own purchased m4p files. Using playfair I was able to convert them to m4a, post them to a website of my own and then I can play them from any web browser.

    I have no interest in sharing the files except with myself. I paid my 99 cents each, if you want them you can do the same. But I found myself being a hypocrite on the matter. I SAY that I support thier DRM, but I found a reason that made me want to circumvent it, damn network admins!

    --
    Post: Sigged, for your pleasure.
    1. Re:sometimes not so cut and dry by Perl-Pusher · · Score: 1

      You could burn them to a CD and take the CD to work. Have you discussed it with your network guys? I'm the network guy at my employers, we block kaaza etc. I opened up legal services. My concerns as an employee and administrator are: Are we allowing anything that could get the company in trouble? We don't care if you listen to and store a reasonable amount of music on your company owned computer system. As long as it's not going to discredit our companies good name.

    2. Re:sometimes not so cut and dry by Durandal64 · · Score: 1

      Just a hint for you, if you happen to have an iPod and a USB 2.0 or FireWire port on your work box ... If you sync up your iPod, you can plug it into your work machine and use iTunes to play the songs directly from the iPod. I'm pretty sure this will use the iPod's key to decrypt the music, so all you have to do is plug it in, no illegal workarounds required.

      Note that I'm not saying that Apple is right or wrong because of this; I'm merely providing you with a legal alternative to illegal circumvention methods.

    3. Re:sometimes not so cut and dry by Slowtreme · · Score: 1

      I would have to 1) have an iPod, and 2) be able to bring it into work + connect it to a PC via USB2.0

      I may or may not fit both of these criteria, but I found that publishing my own personal downloads was better for me in my current enviroment.

      --
      Post: Sigged, for your pleasure.
  94. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    While the DMCA is a horrible piece of legislation, a business would not be doing their shareholders a favor if they didn't use it to protect their business.

    Yes, because being an etical company and doing the right thing for their customers is nothing Apple is up to. This isn't the first or second time Apple pulls up the DMCA. They think the law is great. Boycott them.

  95. Additional Mirror by negacao · · Score: 1

    Additional mirror: http://evilpen.net/playfair.tgz

    Be kind, my upstream is only 768k...

    [reposted 'coz im an idiot and didn't make it clear what my post was the first time]

  96. Am I the only one laughing? by Exmet+Paff+Daxx · · Score: 3, Insightful

    The MPAA tries to use the DMCA to suppress source code as free speech, spawns a million Slashdot stories and a T-shirt, and the concept of the "digital crowbar" is born. They're suppressing fair use! We can't excerpt or time-shift!

    Apple tries to use the DMCA to suppress source code as free speech, a million Slashdot users get in line to support their right to do it because hey, "They're Apple!!".

    Maybe Jack Valenti was right after all - it's all about who you know.

    Now get in line and drink the cool-aid.

    --
    If guns kill people, then CmdrTaco's keyboard misspells words.
    1. Re:Am I the only one laughing? by Jon+Abbott · · Score: 3, Funny

      Indeed. To illustrate the power of the kool aid, here are a couple posts I saw one day on Slashdot:

      Person 1: Why is vendor lock in for Apple ok when it's considered bad for anyone else?

      Person 2: It's like being taken hostage initially against your will, then realizing your captors are the Swedish Bikini Team.

    2. Re:Am I the only one laughing? by aminorex · · Score: 2, Insightful

      Your cynicism is so thick I could cut it with a knife. No wonder, then, that you can't see through it.

      Remember, you emotions are not the truth.

      --
      -I like my women like I like my tea: green-
  97. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    Oh, fuck off.

    Why, when Apple does something like this, do all you slashbots rush to defend them?

    First the story yesterday about jacking the prices, now this.

    They are a corporation. They are protecting their bottom line. They exist to make money for their shareholders.

    They LOBBIED for the DMCA with the rest of 'em, they stand to profit from it just like the RIAA and MPAA members.

    The only difference between Apple and MSFT is that Apple failed to capture it's monopoly.

    Why is iTunes a US only service? Because the DMCA only exists in the US.

  98. At last. Outsourcing that works !!!! by Anonymous Coward · · Score: 0

    I dont' mind this kind of outsourcing. The man comes to kick you ass, you move the files to India.

  99. One rule for you, one rule for me. by harveyswik · · Score: 2, Insightful
    fair-use-foiled-again dept.

    So, can anyone tell me why it is that it's "fair use" for "us" to disregard a companies copyrights but it's not okay for a company to disregard our copyrights?

    Did I miss a memo or what?

    Or are we all just a bunch of hypocrites?

    1. Re:One rule for you, one rule for me. by wes33 · · Score: 2, Insightful

      Isn't the point what it's used for: if I use playfair to move songs onto a linux computer to play via xmms, for my own personal pleasure, then I say that's fair use.

      If I use playfair to make mass copies of itunes music which I sell for profit, then that is not fair use.

      There is a grey area between these two. Technically, perhaps there is no fair use of itunes music because of an agreement that itune shoppers must click acceptance of. Then let me just ask you if you think it is morally ok to do the first of the above?

    2. Re:One rule for you, one rule for me. by Xeger · · Score: 2, Insightful

      First of all: Apple Computer holds no copyright over the works they distribute via ITMS. The record labels hold the copyrights to the music. What we are breaking when we decrypt a music file is our license agreement for iTunes, as well as the DMCA.

      Second: by unencrypting a protected music file that I've purchased, I am not disregarding the copyright on that work. By converting the unencrypted music file to MP3 and copying it to my Pocket PC (which does not support AAC) I am STILL not disregarding the copyright. I'm merely exercise my fair use rights as defined by the Copyright Act.

      Only when I take the unencrypted music file and give it to someone else am I breaking the copyright.

    3. Re:One rule for you, one rule for me. by /dev/trash · · Score: 1

      Could you please post a link referring to the Fair Use rights you describe?

    4. Re:One rule for you, one rule for me. by Xeger · · Score: 1

      United States Code, Title 17, Chapter 1:

      http://www4.law.cornell.edu/uscode/17/107.html

    5. Re:One rule for you, one rule for me. by nsayer · · Score: 1

      The law you're looking for is the AHRA - the American Home Recording Act. It was the step 1 in the two step shuffle of which the DMCA was step 2. The AHRA is what mandates serial copy management for non-computer-peripheral digital multimedia devices. It is why standalone CD burners must use "audio" CD-Rs which differ only in having an extra bit turned on that indicates you paid a tax on them.

      The one thing the AHRA gave back was it formalized the legality of format shifting.

      But as is the case with ordinary copyright law, it does not apply where the use of the media is covered by a more restrictive contract. In this case, the iTunes license agreement that everyone clicked 'agree' on before iTunes would start up and let them start buying tracks.

      That's what's different about CDs versus m4p files. CDs do not come in shrink-wrap licenses. At least, not yet.

  100. What/who is sarovar.org-Freedom Dings. by Anonymous Coward · · Score: 0

    Like China or Asia.

  101. What I can recall about copyright law... by timmi · · Score: 5, Informative

    Having read "This Business of Music" Revised and expanded 8th edition By Krasilovski and Shemel, I feel I am qualified to set the record straight on copyright law. As the Law stands, (or stood at the time of the book's publising) all people involved in the creation of a work, be it a book, speech, Musical score, or recording, or Video content such as TV and Film, have equal rights as anyone else invloved in the production. In the case of the band I am with, I have equal rights to the copyright and any royalties, even though I am not a "Musician" (I am the Recording engineer, and I insure that levels are good, and without my contribution the recordings would sound lousy.) If, on the other hand, I was working at a professional studio, all clients (Bands and individual artists) would sign a contrack that establishes the studio as a contractor on a "Work for Hire" basis, and therefore, by default hold no power over the copyright, except anything explicitly spelled out in the contract. A common clause of this nature gives all employees of the studio who work directly for the band, (All the people in the control room) the right to use excerpts of the band's songs as a Demo Reel, or in promoting the studio as a whole. the point of the above was that "Record Labels" make musicians who are "Signed" give up full copyright control over their existing body of work, to the "Label" Lastly, Failure to take action against a known infringer is tantamount, according to the letter of the law, to willfully allowing the work to fall into the public domain. The ultimate point is this: The Judicial system needs to work out who holds the trump card. The Users: In other words "Fair Use is the trump that overrides all else" The DMCA: DMCA makes it illegal to break the DRM, and that is the end of it. Apple: The iTMS EULA is the trump and everything, even fair use must be carried out in accordance with the EULA and its DRM protections

    1. Re:What I can recall about copyright law... by timmi · · Score: 1
      Sorry, Ya'll, about the run on...

      Had no clue I HAD to use HTML tags to create line breaks...

    2. Re:What I can recall about copyright law... by Anonymous Coward · · Score: 0

      you don't. You can change the formatting to "plain old text"

      see I did and it works :)

  102. I support the DMCA, too! by droleary · · Score: 1

    That no matter how good/bad the encryption mechanism is, people can't break it.

    I actually have no idea what you wrote because you used an encryption mechanism when posting, apparently encoding text as a sequence of bits, with certain groups of 7 representing individual characters. That's a total guess, based on my using a similar technique to encrypt my own text. I cannot be sure, of course, because I would be in violation of the DMCA if I were to attempt to decode your protection mechanism to get at the copyrighted material. I trust you'll likewise not break the law by decrypting my reply.

  103. Complaint moot: You are misinformed. by Anonymous Coward · · Score: 1, Interesting
    Apparently you do not realize that you dont actually have to burn a CD-R to convert AAC->AIFF->OGG/MP3


    There are several ways to do this.

    The simplest is to open the AAC song in iMovie; this converts the song to AIFF and places it in the iMovie Project folder. Another way is to burn the song to a CD-RW which can be recycled. You can also capture the stream when you play it.


    Obviously, the iMusic conversion is just a kludge hack that anyone can do. There are programs out there that automate this and dont require the services of iMovie to do it. Its a quicktime feature being used. The fact that you can do it with iMovie just demostrates the point.

    1. Re:Complaint moot: You are misinformed. by clickster · · Score: 1

      Is I-Movie free and am I able to use it on a PC? Or can you give me the name of a free (or cheap) PC-compatible program that will do this?

      --
      If you mod me down, I shall become less powerful than you could possibly imagine.
    2. Re:Complaint moot: You are misinformed. by Anonymous Coward · · Score: 0

      quicktime

  104. it's not the RIAA by xlyz · · Score: 2, Interesting


    this time I don't think the problem it's the RIAA.
    iTunes does not make any money
    Apple earns money from selling the hardware (iPod e c.)
    So they can never let to play their songs withouth their buying anything else from them

  105. oh oh, me too! by negacao · · Score: 2, Informative

    Additional mirror: http://evilpen.net/playfair.tgz

    [voice type="whiny"] i want a take down notice too, c'mon, please? [/voice]

    Got plenty of upstream left...

  106. Re:terms and conditions do not apply; no law broke by Anonymous Coward · · Score: 0

    that is easy for you to say...lets see you put your money where your mouth is and host the project for them. then we will see whos ass get's hauled into court when apple/RIAA come around with their thugs/lawyers

  107. Are CDs and digital downloads the same? by Infonaut · · Score: 4, Informative
    Buy a CD. Rip the songs. Do with them as you please. But is it reasonable to expect that you can have full fair use while simultaneously reaping the major benefits of digital distribution?

    A large part of what you're paying for when you buy songs from the iTMS is the payoff Apple has to give to the music industry just so they'll allow Apple to use such lax DRM.

    I think that with any music I purchase online, I should be able to make multiple copies on multiple computers, my iPod, and so on. In a perfect world I'd be able to do that right now.

    But realistically, what I'm paying for when I buy songs from the iTMS is convenience. I can find songs I want, listen to clips of songs I haven't heard, and satisfy my craving for some long-forgotten song in a matter of moments. I don't have to get in my car, drive to the store, and buy a full album just to hear the one song I actually want.

    So the iTMS is giving me a totally new option. I'm paying for the convenience of a new shopping experience. Because I'm able to buy music in a fashion that suits my individual preferences (I've probably purchased more music from the iTMS in the last six months than I did at music stores in the last six years), I'm willing to make a compromise with Apple: You make it ludicrously easy for me to obtain, organize and manage my music, and I'll forgo full fair use in favor of limited DRM.

    People who say that digital music shouldn't have DRM are right. But I'd argue that in this case, the medium truly is the message. Apple has come up with the first truly viable means of legally purchasing music online. When I started using the iTMS it radically changed my music purchasing and listening habits. So I ask myself, how is Apple screwing me?

    In particular, how is Apple screwing me when I agreed to the terms of the contract, which are based on the fact that online distribution is quite different than physical distribution of music?

    People talk about the music industry being unwilling to change, but at the same time they want more benefits from digital music without being willing to compromise in the slightest.

    It sounds like a triumph of ideology over practicality to me.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Are CDs and digital downloads the same? by Anonymous Coward · · Score: 0

      But is it reasonable to expect that you can have full fair use while simultaneously reaping the major benefits of digital distribution?

      YES! It is reasonable that new technologies benefit the consumer instead of whatever businesses Congress is doling out monopolies to at the moment. Pray tell what aspects of digital distribution should limit traditional fair use? Technological innovation is not a zero-sum game - there's a surplus and I think it should go to ordinary citizens. Not Apple, not Jack Valenti. Citizens.

      And don't give me that shit about Apple being so innovative. There's just about a thousand companies that could have done the same or better if the RIAA had let them. Napster comes to mind. The problem is that they have a government-sponsored monopoly and that any kind of services has to be eased gently out of them - lubricated with insane amounts of money. The solution to that problem is more compulsory licensing and more fair use. Not less.

      Politics being what it is, this might not be a "reasonable" expectation as in "will come true right away". But you're basically advocating that people should stop fighting - a very "reasonable" attitude that's at the heart of every police state. Stay on your couch if you like, but don't tell me I should do the same.

      -- This post by infolib - I'll confirm by replying when I can login again.

  108. There's only this little thing... by Kjella · · Score: 1

    No, it's not fair use. When you buy music from Apple you are buying it under a specific contract and by buying it you are accepting the terms of that contract which limits the use of the music. Don't like the terms, don't get it from Apple.

    ...they're not using contract law, but copyright law. It's amazing how mucb smoke and mirrors you can make with those two laws, just look at SCO which is FUDing about copyright, but using contract law.

    Fair use exists in context of copyright law, so it is very much so relevant. Sure, we can take the discussion of whether this is allowed under Apple's contract terms (where fair use doesn't apply), but that's not what Apple is doing, so does it matter?

    Also, you seem to miss an important difference between the GPL vs EULA. I can break an EULA without breaking any law (only a contract), while you can not break the GPL without breaking copyright law, since the GPL only grants rights above and beyond the default.

    An EULA that forbids changing formats for interoperability with other players is likely to decleared null and void, that's why the content industry bought the DMCA. Even the DMCA "allows" this, except it's impossible to do that without violating every other paragraph (sure, you can do interoperability, but any tools or information to do that is illegal... right)

    Kjella

    --
    Live today, because you never know what tomorrow brings
  109. gpl by SHEENmaster · · Score: 1

    The GPL only grants additional rights, it doesn't take any away. You are free to refuse the license, yet still use the software as allowed by copyright law.

    Your analogy is also flawed in that you would be profiting by selling the commercial software with GPL code in it, and it would be an act of plagurism. This is not saying "I wrote this.", it's just saying "I bought this and I'll listen to it however I please."

    --
    You can't judge a book by the way it wears its hair.
  110. Yes Yes but we're only doing it once by Anonymous Coward · · Score: 0

    Okay Mr hair splitter. Were only doing the transcoding once. Were not repeating this ad infinitum. The AIFF derived from the AAC sounds excellent, recoding it one time to MP3/192 is not going to be noticable to any practical listener. What is your point in splitting hairs?

    1. Re:Yes Yes but we're only doing it once by Anonymous Coward · · Score: 0

      The point is that RIAApple only lets you do this because it degrades sound quality. If it were a "good" copy, it would be prohibited.

    2. Re:Yes Yes but we're only doing it once by Anonymous Coward · · Score: 0

      "The AIFF derived from the AAC sounds excellent"

      Now there's science for you. Its sounds excellent. I mean, the original only sounded "good", but with that apple magic juju AAC compression, the AIFF sounds "excellent".

      I'll bet if we use iTunes to compress it back to an AAC, it would sound so good that Mozart would come back to life and dance to the sonic quality.

      When I hear people talk like you, I'm convinced the human race, no matter how far we've come from the primordial slime, is still at heart a superstitious lot of monkeys that will never be all that far from sitting in trees and howling at the moon.

      We're doomed because of people like you.

  111. Remember deCSS? by SvnLyrBrto · · Score: 4, Insightful

    The parent has a good point. Apple should have looked at the example set by deCSS.

    Before the MPAA started harassing "DVD-Jon" and DMCA-ing everyone who so much as mentioned the name deCSS in public; only a small handful of linux nerds had even heard of the thing, much less built and compiled it into media players for their own machines. No big deal. It was just a toy for extreme hobbyists.

    After the MPAA tried to take deCSS out, every self-righteous geek on the 'net made sure to get a copy. And many of them made it their mission to spread it further, and more mirrors than I could guess popped up. Somewhere *I* still have a copy of deCSS embedded into a webpage banner in some way that I don't even remember how to extract it.

    So what was PlayFair before Apple DMCA'd sourceforge? Another cute toy that was only of any use to someone who had already BOUGHT the song from ITMS in the first place. It's not like anybody hacked a backdoor into ITMS itself and made the entire library free to the 'net. Now, there are half a dozen mirrors in this /. article alone. And more are coming. And no doubt that work on PlayFair will continue, with much-increased enthusiasm once it is hosted somewhere outside US borders.

    It reminds me of a Douglas Adams quote.... about how while humans are unique in being the only species capable of learning from the mistakes of others, we are remarkably disinclined to actually do so.

    cya,
    john

    --
    Imagine all the people...
    1. Re:Remember deCSS? by Anonymous Coward · · Score: 5, Informative

      only a small handful of linux nerds had even heard of the thing,

      False. DVD-Jon's warez palz had built a Windows-based GUI ripper program long before the Linux community was aware of the software.

      The Windows Rip & Pirate community was up and running and distributing thousands of movies over P2P before Linux even got DVD filesystem support, much less a working player.

    2. Re:Remember deCSS? by SvnLyrBrto · · Score: 1

      Mea culpa...

      I stand corrected. In my own defense though, I haven't been a part of any warez kiddie circle since... well... I was a kiddie (18yo) myself.

      cya,
      john

      --
      Imagine all the people...
    3. Re:Remember deCSS? by Unregistered · · Score: 1

      bah. FairPlay is good for Apple since more people will buy music knowing they can crack it. But they have to keep their deal with RIAA, so they have to C&D it. They're not sutpid, they're doing what they must. And i think it works out best for them anyway.

    4. Re:Remember deCSS? by ymgve · · Score: 1

      The Windows Rip & Pirate community was up and running long before DeCSS came along too. So what's your point?

    5. Re:Remember deCSS? by Anonymous Coward · · Score: 0

      " Another cute toy that was only of any use to someone who had already BOUGHT the song from ITMS in the first place. " ...This is how the program works already. You -Must- have an authenticated computer or iPod -Already- in order to remove the DRM from your files. You cannot remove DRM from files that are not already associated with your iPod or PC. You can't copy a friend's DRM files and remove the DRM from them using your iPod key. This is completely useless to you unless you already own the decryption key for the files you have, which you only do by being a registered iTunes user.

    6. Re:Remember deCSS? by Anonymous Coward · · Score: 0

      Lies are bad, even when they are invented by the EFF.

    7. Re:Remember deCSS? by ymgve · · Score: 1

      It's not a lie. Programs like Power Ripper and DVDRip could copy DVDs before CSS was cracked, by hooking directly into the DirectShow filters of a software DVD player. Stop your FUD.

  112. Re:terms and conditions do not apply; no law broke by gooberguy · · Score: 1

    I'd like to get your dealer's number, because you are smoking some fine drugs. Apple sent sourceforge a complaint. It pretty much said "You are violating the DMCA, if you continue to do so, we will sue you." So SF took the project down instead of risking getting sued. You are right about one thing, SF is afraid of Apple. Of course they're afraid of Apple! Apple just sent them a cease-and-desist letter threatening legal action, not an easter basket.

    --


    Karma: Meh (Mostly from meh.)
  113. WHY WHY WHY is it a big deal? by BFaucet · · Score: 1

    Many people very rarely actually listen to CDs. I listen to hours of music every day as I work, but I don't want to continually change CDs every hour. I also like a lot of variation in my music, so one CD at a time is no good. I use Winamp or XMMS to play my whole library. I don't much like iTunes as a player as I'm used to winamp and have global shorcut keys and I know winamp won't hog my memory and spy on me (not saying that iTunes is spyware or bloatware... I haven't checked.)

    To do this I've burned CDs purchased from iTunes to CD then ripped to ogg. I, of course lose quality in the encoding process. I would love to have a tool to allow me to play these files in the player of my choosing without having to encode the files again.)

    Really, I don't see what the big deal is... if you can burn to CD then rip, you can share the ripped files without any problem... And if you are a *yuck* Kazaa user, you probably won't care about the negligible loss of quality.

    --
    -Derick
  114. Neither GPL nore FairPlay's ELUA trumps Fair Use by Ungrounded+Lightning · · Score: 1

    No, it's not fair use.

    Yes it is. See below.

    When you buy music from Apple you are buying it under a specific contract and by buying it you are accepting the terms of that contract which limits the use of the music. Don't like the terms, don't get it from Apple.

    Flip this around and imagine that I decide to circumvent the GPL by taking a piece of GPL software and using its source in piece of closed source commercial software. Wouldn't like that now, would you?


    Neither Apple's contract nor the GPL trumps Fair Use. Copyright doesn't prevent doing what you want with your own copy within certain limits. Copyright doesn't prevent proprietary software vendors from incorporating parts of GPLed software in proprietary products, again withing certain limits.

    In the case of music, the limits allow making format change copies for personal use and giving away or selling the original if you don't keep a copy - but prohibit giving away or selling clones (or the original but keeping a clone), giving public performances, or doing a "cover" version in violation of the license terms.

    In the case of GPLed software the limits allow small snippets of code to be incorporated or the functionality to be replicated with newly-written code, but prohibit copying of substantial sections, wholesale distribution, or straightforward translation, in violation of the license terms.

    DMCA is a whole new can of worms, creating a catch-22 to block the exercise of fair use rights. This will eventually get shaken out in the courts, one way or another. But don't hold your breath waiting for that. It might take decades, or generations.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  115. IANAL, but... by warrax_666 · · Score: 1

    I do believe evidence (even if obtained through illegal means) is in fact admissible provided it was not obtained by a "agent" of law enforcement. (Where "agent" is either a officer of the law or someone who has been asked (however idirectly) by law enforcement to obtain said evidence).

    That does not mean that the person who obtained the evidence illegally is not going to be charged with the illegal activity through which the evidence was obtained.

    That's my understanding of it, anyway.

    --
    HAND.
  116. I hate to say I told you so, but by morelife · · Score: 1

    I told you so....

    1. Re:I hate to say I told you so, but by Anonymous Coward · · Score: 0

      Wow, you can really make the bold predictions, huh?

  117. DMCA by Anonymous Coward · · Score: 0

    I keep hearing Comparisons between Fairplay and Decss yes they lost the court case but won the war,
    so bascially it was a cerimonial ruling that nobody gave a shit about at best.

    Will fair play be struck down too? sure but who cares once its on the net WE WIN. it'll probably spawn a few better rippers kind of like how Decss evolved into much nicer apps decryter smartripper and libcss variants

    just ask Direct tv and dish network how well their little DMCA song n dance has been going

  118. BIG SURPRISE.... by greymond · · Score: 1

    Not.

  119. Re:A Business decision - Apple is a music reseller by bayvult · · Score: 3, Interesting

    "... Jobs is quoted as saying the his PHds said you can't make a DRM that stops piracy completely.

    Which is presumably why Apple employs Phds to 1) devise new forms of DRM

    and 2) head the Copy Protection Technology Working Group with Sony and Warner Brothers.

    They look as snug as three bugs in a rug.

  120. edonkey ed2k-link by Anonymous Coward · · Score: 0

    ed2k://|file|playfair.tgz|458151|7c4853428a9e1e870 34038ec3c9fe060|

    as usual without the slashcode-inserted spaces...

  121. Secret plan leaked... by dr7greenthumb · · Score: 1

    Now what am I going to do with my army of gun toting bears? Back to picnic baskets I guess...

  122. I think this kind of stuff hurts OpenSource by Anonymous Coward · · Score: 0

    Opensource is a beatiful thing. why not spend the time writing programs that do "Good." Like something that will cure AIDS, or make traffic light more efficient, or a real time translator for the web.

    I don't see how hacking a program, just to steal music will help the opensourse community. Yeah, you are cool for writing a program like this, pat yourself on the back. I don't know who wrote the program, but I bet it's another kid in Sweden. I mean, some person at Apple spend a lot of time way from there family, working weekend, for little pay, to make this "iTunes" work. It's getting to the point where no one will want to invent a cool program because someone is goning to hack it, for little or no real purpose but to do, which is cool, in some sort of 16yr. old way.

  123. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    You dumb fuck there was an article about it yesterday. And it's actually only a proof of concept that shows that if you have an executable that looks like a document and people click on it, bad things can happen.

    Whoopdee-fucking do.

  124. OT by Wah · · Score: 1

    update your .sig.

    Bugmenot

    --
    +&x
    1. Re:OT by stephanruby · · Score: 1

      Thanks, I've bookmarked the site, but I will not update my signature. I would rather never see the nytimes again and I will only use your site as a last option.

  125. Not taking it down would hurt open-source worse. by Ungrounded+Lightning · · Score: 1

    Apple has not come close to proving that a law has been broken [...]

    I can only conclude that OSDN are either lazy, scared of Apple, or have interests in Apple.


    I conclude something else.

    SourceForge is a major resource for FOSS, serving as the project host and canonical version maintainence site for a large number of projects.

    Fighting for this particular one, winning, and establishing a precedent, might be useful. But it would be DAMED expensive, and DAMNED risky. A loss - or even an expensive win - would take out the resource.

    And fighting it is not NECESSARY. Because the project is already multiply mirrored (no doubt by a large number of people who realized this would be coming as soon as the project was announced) and officially rehosted at one of those mirrors, beyond the direct reach of US law.

    The secret to winning a war is to fight it on your own terms. RIAA and its cronies are like a small herd of elephants. FOSS is more like a prarie-dog colony - or perhaps several hives of army ants. One side has great strength, the other great numbers and diversity but little strength in any one place. How should the diverse side fight this battle? One-on-one fight? Or "whack-a-mole"?

    "The Colonists win the toss. The British have to wear red uniforms and stand in rows. The Colonists get to wear brown and green and shoot from behind trees and rocks."

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  126. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    Actually I think I'll just carry on using their products. But all you cheapskate Linux users can go ahead and not buy the Apple products that you were never going to buy in the first place.

    I'm sure the board is quaking at the thought of it as we speak.

  127. Yup by HangingChad · · Score: 1
    save the ramifications for keeping an amicable relationship with the RIAA pigopolists.

    It might have been a contractual requirement as part of the distribution deal. I agree, it's hard to see how Apple has a dog in this fight otherwise.

    Besides, what's to stop someone from patching their iPod earphone output into an adapter and running it into the recording device of their choosing? Or mounting my matched Schoeps in front of the studio monitors? Or have they solved that problem? And did they solve in such a way that a signal pre-processor couldn't strip out the analog signature?

    They can't win this battle and they're dead anyway. Artists don't need record companies to succeed anymore. They can sell their music online, direct to consumers and...*gasp*...make money off record sales.

    It makes me sad to think of all those poor record company execs who are losing their cocaine, limos, private jets and porn star girlfriends. What will they do? How will they get by without the beach house in Malibu? I'm starting to tear up a little just thinking about it.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Yup by cayenne8 · · Score: 1
      "Besides, what's to stop someone from patching their iPod earphone output into an adapter and running it into the recording device of their choosing? Or mounting my matched Schoeps in front of the studio monitors?"

      I guess if you don't care enough about fidelity in the first place (buying a lossy format of the recording), then you probably don't mind degrading it further with the methods you just described....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Yup by Knetzar · · Score: 1

      I've said it before, and I'll say it again. I'm sure someone can create a virtual sound driver that outputs the sound played to a file instead of to speakers.

  128. I stand corrected by Infonaut · · Score: 1
    Thanks for the info, VP. I've been trying to get past the clashing ideologies ("my intellectual property is mine" vs. "information should be free") for some time, to see how the two could somehow co-exist. So from time to time I make posts from one side of the fence or the other, just to see what kind of responses I get.

    Your post went right to the heart of the matter, and the Groklaw article clarified several things for me.

    Something tells me it's going to be a while before this is all hashed out, because there's so much money at stake and so much ideology driving the conflict. Anyway, I appreciate your well-reasoned response to my post.

    --
    Read the EFF's Fair Use FAQ
    1. Re:I stand corrected by VP · · Score: 1

      I am glad my post was helpful. I am also glad I removed some more inflamatory statements before I submitted it ;-)

    2. Re:I stand corrected by Infonaut · · Score: 1
      Heh heh. Indeed. You even managed to self-censor on a Friday, which I find to be very difficult at times.

      --
      Read the EFF's Fair Use FAQ
  129. Also... by dr7greenthumb · · Score: 1

    ...if you want to dance, you will dance the way the piper tells you to. No Linux or FreeBSD dancing allowed.

  130. If the Apple DRM applied to cars.... by dallask · · Score: 4, Funny

    You could buy your car only from an authorized dealer, and only online... but it would be delivered to you in 23 seconds and placed in your garage.

    You could drive your car anywhere you wanted, so long as you only park it in authorized spaces. Those who do not park in an authorized space will be immediately crushed and sold for scrap during your incarceration.

    You may drive your car anytime you want, so long as you gain permission from an authorized Apple Car Dealer first. Once permission has been granted, your car will be unlocked and started for you. Any attempt to unlock or start your car without prior authorization will result in your car exploding.

    You are the only authorized driver of the car. Any attempt to "share" the car with another passenger or driver will result in your immediate incarceration.

    All cars would only have 3 seats.

    --
    The Code Ninja is swift with his tool, precise in his delivery, and deadly accurate in his execution.
    1. Re:If the Apple DRM applied to cars.... by iSwitched · · Score: 1

      Thanks for the laugh, but in fairness, I need to correct you. You seem to think that somehow iTunes songs get 'authorized' every time they play - thats not true, the computer is 'authorized' once, then all the purchased music can be played as often as you want. Only three computers may be 'authorized' at any one time. So... here's your revised car analogy:

      You could buy your car only from an authorized dealer, and only online... but it would be delivered to you in 23 seconds and placed in your garage.

      The car can be driven by at most three authorized drivers. The drivers must hold a license, issued in perpetuity by the Dealer. At any time, the purchaser of the car may be de-license a driver license a different one without cause or reason.

      The car will only operate for drivers licensed as above.

      --
      "That naive cube! How long must I suffer this!" --Sheldon J. Plankton
    2. Re:If the Apple DRM applied to cars.... by dwightk · · Score: 1

      And for every car you bought, you would get as many as you wanted... so when you park in an unauthorized spot, you have an unlimited number of backup cars...

      And you can give backup cars to 3 of your friends, who can all have as many backup cars as they want (but can't give any to their friends)

      --
      Like anyone can even know that
  131. PlayFair explicitly enforces the license. by Ungrounded+Lightning · · Score: 1

    How is PlayFair different from DeCSS?

    They're close.

    But DeCSS got leaked when it was still a stand-alone module developed within a windows application. This weakened the argument that the purpose was to generate a Linux player. (It was, and this was a convenient intermediate step, but it still weakened the argument.)

    PlayFair is a complete application which refuses to operate unless you have the appropriate license for playing the content, and only performs conversions that all aid recognized fair use. Since it's open-source its guts COULD be ripped up and rehacked into a pirate tool. But as distributed the functionality is strictly within the bounds protected both by copyright law AND the DMCA.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  132. If your going to be paranoid, do it right! by bdsesq · · Score: 1

    How do you know the original program wasn't written by the MPAA? Along with stripping out the fairplay it sends your name, address and bank accounts to the MPAA so they can sue you.

    That $0.99 song just cost you $5,000.00

    1. Re:If your going to be paranoid, do it right! by clarkcox3 · · Score: 2, Funny

      Why would the MPAA care what you do with your music files?

      --
      There are no tiger attacks in my area and it's all because this rock I'm holding keeps the tigers away.
    2. Re:If your going to be paranoid, do it right! by tm2b · · Score: 1
      How do you know the original program wasn't written by the MPAA?
      If you're really concerned about this, you can RTFS.
      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    3. Re:If your going to be paranoid, do it right! by Anonymous Coward · · Score: 0

      Then you don't need the MD5, too...

  133. Re:Where do you think the pressure is coming from. by morelife · · Score: 1

    It's funny (funny ironic, not funny ha ha) that when I've said the same thing about Apple being a mini-Microsoft with a better gui, but just as evil, in the past on Slashdot, it's been modded troll.

    Hm, enough about me.

    To the jackass who said Apple would not be doing their shareholders a favor if they didn't "protect" their property using the DMCA, jackass, you miss the point. The DMCA is a miserable piece of legislation, and if we are to respect and financially support any company, it would be for standing against the DMCA, and working out any problems directly, in a more civil manner, with the Playfair author.

    But, if Apple (and this applies to Adobe too) was truly interested in "protecting" what is theirs, they'd implement their ideas in a more unbreakable fashion. Maybe, a better quality product will draw more real customers to the Apple camp. I was on the verge of buying my first Mac because of OSX, but you know, it's hard to financially support a company that does this kind of shit.

    When the DMCA gets repealed, what are you going to do Apple? Hire thugs instead to find software authors, and deal with it that way??

  134. Problem type: Behavior wrong by neutralstone · · Score: 1

    While viewing the page for this article, I spotted a clear example of "wrong behavior". So, under Safari's "Safari" menu, I clicked on "Report bugs to Apple", and selected from the pull-down menu "Wrong behavior," with a calm explanation that the DMCA is unconstitutional and therefore should only be attacked in court, not supported.

    I would encourage anyone out there with a Mac to do the same.

    1. Re:Problem type: Behavior wrong by ln+-sf+head+ass · · Score: 1

      Done.

  135. I DID! ... Apple = ( Pretty & !Free ) by argoff · · Score: 2, Funny

    Everything about Apple says pretty but not free. So let the lesson be learn't that just because something looks good doesn't mean that it is. Apple Inc should really be called Poison Apple.

    They're like that pretty girlfriend who suckers you in hook, line, and sinker - and you let her get away with it or don't pay attention because she is sooooo pretty. Next thing you know, you have no money, no pretty girlfriend, and one big agonizing heartache that you never really get over.

    Please pal, I know you won't listen to me till it's too late, I know you're beyond hope, I know you can't help it, probably can't even muster up the will-power, you may even get mad at me. But if you know what's good for you, you would dump her hard before it's too late and never look back.

    Look, how about I set you up with that penguin gal - I know she's not as pretty, but I promise you'll really get to like her as time goes on, and most importantly she won't leave you high and dry when you need her the most. She'll stick with you thru thick and thin.

    1. Re:I DID! ... Apple = ( Pretty & !Free ) by Mal-2 · · Score: 1

      Look, how about I set you up with that penguin gal - I know she's not as pretty, but I promise you'll really get to like her as time goes on, and most importantly she won't leave you high and dry when you need her the most. She'll stick with you thru thick and thin.

      Ah, but nuns don't put out.

      Mal-2

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  136. In Other News . . . by Gabrill · · Score: 1

    Slashdot creates a new web protocol htttp:// and are using it to reference www.osdn.com. Experts assume this is a another prank similar to the name of the site, which a spoof on web naming conventions.

    --
    Always going forward, 'cause we can't find reverse.
  137. Playfair doesn't work by metamatic · · Score: 0, Flamebait

    I downloaded playfair a couple of days ago. Built it fine, but it doesn't work. It claims to be decrypting my m4p files, but the resulting files are corrupt and crash QuickTime and iTunes. (Yes, I had my iPod docked.)

    I'd be a bit more upset about the program getting yanked if it actually did something.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  138. Silly corporations by Heretik · · Score: 2, Insightful

    I wonder if corporate america is ever going to figure out that you can't (ever, ever, period) remove something from the Internet....

  139. Burn + Rip, Mix, Burn = No more 'FairPlay' by Beek+Dog · · Score: 3, Funny

    Burn a bunch of iTunes with copywrite protection. The format on the disc will now be AIFF. Put the new disc back in. Re-rip (Using iTunes, if you like). No more 'FairPlay'. Not that I'd do it, I'm just saying... I have bought songs from iTunes. I was fine with only burning them twice. But because I can't burn with iTunes (No idea why), I was forced to use the Toast Lite that came with the burner. It wasn't until I had put an iTune on about five different mixes that I realized I was (Gasp!) 'circumventing the DMCA'! Of course I quickly microwaved the discs and scattered them at sea. Then I realized I had just dumped toxic waste in the ocean. I quickly wrote a letter to the EPA telling them I was going to have to move my business to another country if they decided to pursue any legal action. Then I sent the Republican Party a check for $2,000. Then I threw a big party at a hotel, got the Bush twins drunk, and took pictures of them taking lines. The moral of the story? Don't cheat, unless you're a good cheater with lots o' dough.

  140. The copy you BUY is already degraded. by mfh · · Score: 1

    The iTunes DRM'd AAC file is ALREADY degraded, yet is very, very high quality and nearly indistinguishable from a CD copy, even with professional-level biamplified stereo monitors. Double-blind tests have proven this over and over. Same with nearly every other audio compression scheme w/ sufficient bitrate. Today's technology is that good.

    If you don't mind Commercial CD -> OGG/MP3, you're surely not going to mind iTMS AAC -> OGG/MP3. It's a matter of logic.

    If it's the ORIGINAL loss of quality that you have a huge problem with, then you're barking up the wrong tree. Tell them to distribute uncompressed AIFF and/or CD data.

    If not, well, then I don't see what the problem is. iTunes' DRM is perfectly acceptable. It's just there to prevent wholesale copying between anonymous parties.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:The copy you BUY is already degraded. by Anonymous Coward · · Score: 0

      > It's a matter of logic.

      No, it's a matter of opinion, how good your ears are, how good your speakers are, etc.

      I haven't tried AAC->MP3, but I have done MP3->MP3 and it sounds horrible even when the second file has a higher bitrate than the first. But I think I'm less tolerant of digital distortion than the kids (and more tolerant of scratchy old LPs).

      > iTunes' DRM is perfectly acceptable

      To you maybe. If I had any iTunes tracks, I'd be using this tool just in case the Terms of Service change, iTunes goes offline for whatever reason, etc.

    2. Re:The copy you BUY is already degraded. by Anonymous Coward · · Score: 0

      No no no! You don't know how lossy encoding works, so your logic is flawed. I'll explain:

      Starting with say a full 16bit 44.1kHz stereo uncompressed source (a CD), we encode this into lossy 128kbit AAC. AAC works by analysing the frequencies that it thinks are most prominent and discarding the rest, "psychoacoustic masking" to use fancy words. We'll take a rough estimate of 10:1 compression, so ~700MB of data becomes 70MB. Most lossy codecs (such as MP3, Vorbis, Minidisc/ATRAC, etc.) work in this way - they *THROW AWAY THE FREQUENCIES THEY THINK YOU WON'T HEAR*. And that's a lot of data that's just been thrown away.

      So far so good: the lossy encoding still sounds excellent as most of the latest gen. codecs are pretty damn good at the above process. Now we convert it *back* to a 16bit 44.1kHz stereo uncompressed format - burn it back to a CD. Obviously it sounds exactly the same as the AAC file.

      Now the fun begins. You're encoding into OGG Vorbis, which is another lossy codec. Problem is, the source file has had most (9/10ths) of the data stripped out and, as a result, the algorithms that determine which data to keep and which to throw away have practically nothing to work with, as this was thrown away in the AAC encoding stage. Result: you get complete junk out.

      Most people won't notice much though, because their listening equipment is sub-par or at best average. Take, for instance, the stock iPod earbuds: they're completely useless - try a pair of Shure E3c's, Ultimate Ear E5C's, or other decent in-ear phones and you'll want to re-encode your CD collection at 196 or 256 kbit/sec. For critical listening I'd recommend a good pair of headphones such as Beyerdynamic DT250's, Sennheiser HD25SP's or suchlike as they'll show up stuff that even high-end speakers will miss; either that or proper studio monitors with a rated flat frequency response e.g. Mackie HR624 or 824's - they'll give a more "measured" result than your above-average hifi setup (though they're not cheap!).

      Of course, if Apple supplied lossless compressed files such as FLAC or MonkeyAudio (like some of the other online music stores that've featured previously on Slashdot) then this wouldn't be a problem, but most people are willing to accept this loss of quality for the (perceived) convenience...

  141. Car analogies are for retarded shortbus idiots. by Anonymous Coward · · Score: 0


    Let's step out of 1998 people.

  142. It's a tear both ways... by The+Master+Control+P · · Score: 1

    But I'd have to say I come down with Apple this time. They've been trying to come up with some sort of way to control copying (The RIAA won't license them all their music otherwise, so as much as Apple probably doesn't want DRM, they've been forced into it) that's acceptable to everyone. You can still un-DRM iTMS songs by burn/rip, and you don't see Apple running around randomly suing .001% of the people who have a CD burner.

    But the big difference that I percieve here is that people generally respect Apple, whereas everyone would personally shit on the RIAA given half a chance. On one hand, that might just mean that the RIAA is trying to use Apple as a front that everyone doesn't hate, but I doubt it; The RIAA is doing everything it can to prevent any distribution of music over the Internet. However, it still comes down to a matter of respecting the vender. No one on earth respects the RIAA, therefore no one feels bad when they claim to be hurting from "piracy." However, the person who wrote PlayFair wrote it to only decode legally purchased songs for the purpose of playing them on non-Apple platforms.

    For what it's worth, Apple could please all sides without using the DMCA: Release an iTMS player for Linux and Windows. People who simply want to play their music on another platform can now do so, without the need of feeding the RIAA propaganda machine.

    1. Re:It's a tear both ways... by Queuetue · · Score: 1

      > people generally respect Apple

      For now, but hopefully not any more. The DMCA is a bad law, and using it should bring a stigmatism on a company. If apple wants to prevent people from beating thir DRM, then MAKE BETTER DRM, dumbasses.

      Going after people in court for exposing your stupidity is wrong. It shows that Apple doesn't think different at all - they think like every other oppressive, half-assed technology company that would rather sue than fix an issue.

      I've been turning geek onto OSX for weeks now, but now, fuck Blizzard and fuck Apple.

    2. Re:It's a tear both ways... by norkakn · · Score: 1

      it isn't possible to make DRM, especially audio that would stop people from making copies

      As long as I can play it, I can always use JACK or Wiretap to redirect the stream to a file.

      Video has a slightly better chance, but I'm sure that unless they move all decoding to hardware, it would be possible to hijack the stream.

      Jobs admitted that the DRM wasn't good, that is why they left the format open enough that for the majority of people, it wouldn't bother them

      you can burn cds, share it on your network and play it on your iPod.

      Yeah, some people might want more, but this was a pretty good effort to keep the RIAA happy and not piss off customers

    3. Re:It's a tear both ways... by TiggsPanther · · Score: 1
      But I'd have to say I come down with Apple this time. They've been trying to come up with some sort of way to control copying (The RIAA won't license them all their music otherwise, so as much as Apple probably doesn't want DRM, they've been forced into it) that's acceptable to everyone. You can still un-DRM iTMS songs by burn/rip, and you don't see Apple running around randomly suing .001% of the people who have a CD burner.

      It's not the copy-control that's really the problem though. It's the fact that it's tied into player/platform/hardware locking that is the problem.
      Want to easily play a song you've bought in [insert player of choice]? Tough luck.
      Want to play a song you've bought when running Linux? No chance.
      Want to easily import the music you've bought on a non-iPod player? Not gonna happen.

      These just provide extra incentive for people wanting to circumvent the DRM. If iTunes natively supported other platforms, other portables, and interfaced easily with players such as WinAmp then less people would bother trying to break the DRM.
      There'll always be someone wanting to circumvent it for less-than-noble reasons, but whilst FairPlay locks you into Apple software 7 iPods then you also add the people with more honest reasons working hard on a "problem" that doesn't need to exist.

      Yes, I know you can burn/re-rip. But that wouldn't always be a viable option. Were iTMS available here in the UK, it'd not be viable for me unless I could circumvent the format without having to burn/rip. My main MP3 player is a CD/MP3-player. It probably wouldn't play iTMS tracks from a CDR, but burning to CD to rip so I can burn a CD of MP3s would just seem wasteful. Especially seeing I'd have to burn several CDs just to get enough tracks to burn to MP3-CDR. (If I wanted to rip from Audio-CDs, I'd just buy them in the sales in a store)

      I know Apple are trying their hardest here. And, although they've still not opened their damned iTunes store here in the UK, they seem to be genuinely trying to provide a reasonable online music service.
      But as long as they have platform-lockin tied into their DRM, they just increase the number of people wanting to get around it. Copy-protection is starting to be seen as a necessary evil. But player-restrictions will probably never be seen that way.

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
  143. OSDN Link by Laebshade · · Score: 0
    Should the project managers file a counterclaim, the project could be restored. SourceForge.net is owned by OSDN, the parent company of Slashdot.
    The OSDN link in the article body has one too many t's of the http in it.
  144. Evil fucks. by Queuetue · · Score: 0, Troll

    Think different? Think like goose-stepping assholes, you mean.

    I hope we can make them regret this, in the same way that Adobe and EV1 regretted and apologized for their stupidity. (Not that the good side got much besides press out of either victory.)

    The DMCA is a bad law and anyone who invokes it should be made to pay pennance. Until they make good for this, Apple sucks.

    And while I'm on the subject, Blizzard sucks too.

    Remember thier names and mention them often - make invoking the DMCA the kiss of death for a company.

    1. Re:Evil fucks. by acceleriter · · Score: 1

      I wasn't aware that Adobe had apologized. I thought they just pretended to try to call off the feds after having sicced them on Sklyarov.

      --

      CEE5210S The signal SIGHUP was received.

  145. Is there a point in breaking the encryption ? by Sonic+McTails · · Score: 1

    Seriously, the three computer limit isn't much of a problem. I own more then three computers, and it's very easy to play on more then three. I keep all my purchased music on the powermac, and use iTunes Music Sharing to my other machines. When I connect to the PowerMac, I enter my iTMS username and password, and listen to my heart content. Then why I'm done, I click Advance -> Deauthrize computer. Them I'm done and I can go onto another computer, and stream the music. On my two main machines (the iBook and my PowerMac) I leave them authorized 24/7 so it isn't a problem, and as my iPod doesn't count I have one computer unused. When I will finnally replace either the iBook or PowerMac, I'll deauthorize that computer and authorize another one.

    --
    This signature was left intentionally blank.
  146. Not quite by DahGhostfacedFiddlah · · Score: 3, Interesting

    That's a bit of a leap of logic. If the contract said "and we get your firstborn son", he could have a philosophical objection to that without being against the idea of enforcable contracts. In other words, he objects to the terms of the contract, not the contract itself.

    while click throughs are arguable, payment definitely constitutes agreement
    Just because he legally agrees doesn't mean he philosophically agrees. Just because he accepts terms he doesn't agree with - terms he can't escape when buying music online - doesn't invalidate his beliefs.

    1. Re:Not quite by NaugaHunter · · Score: 2, Insightful

      If you object to a contract, don't agree to it. Period. This isn't an agreement you're forced into if you want food, water, or your life. It's a service with specific terms for a product you can get elsewhere if you disagree with the terms.

      Between adoption and surrogate mothers a contract involving 'firstborn son' isn't as flippant as you might think. Moral arguments generally complicate the legal issues in the 'I want my baby back' cases, but they aren't generally thrown out simply on the grounds that they can't contract their children away. While it's almost obvious a contract can't legally require an illegal act, there's no reason it can't include something you'd philosophically find offensive.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    2. Re:Not quite by DahGhostfacedFiddlah · · Score: 2, Insightful

      If you object to a contract, don't agree to it. Period.

      Why not? If I buy a CD that clearly says on the outside "By buying this, you agree not to make any copies, even a backup" - I have no problem buying it and making a backup. If they find out and want to take me to court, I believe they'll find that my actions are well within the confines of fair use. Now I both have the item I wanted, and I have successfully evaded their the terms of their "contract".

      In other words, if you don't agree to the terms of the contract, there are plenty of other ways to register your disagreement without denying yourself the use of the product/service.

      In any case, there is *still* a difference between disagreeing legally and philosophically. I may agree that the 99 cents is worth the terms they've offered, but still disagree that those terms "make the world a better place", and work to undermine their usefulness. These aren't mutually exclusive.

      Not only that - the terms may not be legal in all areas of the world, in which case it's quite legal to agree to the terms and simply ignore them.

    3. Re:Not quite by mpe · · Score: 1

      Why not? If I buy a CD that clearly says on the outside "By buying this, you agree not to make any copies, even a backup" - I have no problem buying it and making a backup. If they find out and want to take me to court, I believe they'll find that my actions are well within the confines of fair use. Now I both have the item I wanted, and I have successfully evaded their the terms of their "contract".

      You havn't so much "evaded" the contract as made a case that it is null and void under the "law of the land".

      In other words, if you don't agree to the terms of the contract, there are plenty of other ways to register your disagreement without denying yourself the use of the product/service.

      The only terms you need ever agree to in the first place are those which are "legal" in the first place. Hence a well written contract will contain a clause to the effect that if any part of it is voided by statute or case law (either now or in the future) then the rest of the contract still stands. (Unless the resulting "rump" would fail the legal definition of "contract".)

  147. Who says its illegal? by Anonymous Coward · · Score: 0

    " Wow, so posting a link to illegal material is +2, Informative?"

    Wow, so posting incorrect legal advice is +1 Funny?

    I thought it might be at least +3 stupid.

    No really, who said it was illegal?

    1. Re:Who says its illegal? by dasmegabyte · · Score: 2, Informative

      Who says it's illegal? I'm pretty sure that congress said that, back in October of 1998. Singing:

      "(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--

      `(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;

      `(B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof"

      No, it hasn't yet been proven in court that PlayFair violates this, nor would it have to for linking to PlayFair to be illegal. I think it's obvious PlayFair is both A and B. The link is offering to the public the ability to download Playfair, which is both A and B. If it walks like a crime and talks like a crime, it's probably not okay to abet it. And that's my point.

      --
      Hey freaks: now you're ju
  148. Ruining *what*? by Anonymous Coward · · Score: 0

    "Thanks for being a prick and ruining it for everybody"

    What is he going to ruin? Your ability to use iTunes? Who cares? You iPod will work with MP3's just fine.

    Besides, are you stupid enough to think that the record companies won't sell you stuff because it can be copied?

    Again, stupid. They sell CD's every day with *NO PROTECTION AT ALL*.

    But you think you got that magic juju from apple and its special and magic and you're holding it tightly like a totem against the bad guys.

    People like you should really just take some poison, lie down and stop making other people deal with you.

  149. Access Control vs Copy Control? by An+Anonymous+Hero · · Score: 2, Interesting
    IANAL, but was intrigued by this MacSlash post the other day. Can anyone familiar with the DMCA confirm whether or not it supports the claim made here? (emphasis mine)
    The DMCA describes two categories of DRM: access control and copy control. It's illegal to distribute a product that can defeat either type of DRM.

    There is, however, a big difference between those two types of DRM as far as DMCA is concerned. It's illegal to use a product that breaks access control, but DMCA does not prohibit you from using workarounds to make copies. That distinction exists in DMCA to preserve fair use.

    Since the playfair program doesn't let you get around the access control (you still need an iTMS key) and it only allows you to make copies of files to which you have legitimately obtained access, it's legal to use it as long as you don't cross the fair use line.

  150. BitTorrent mirror for PlayFair by hbmartin · · Score: 1
    --
    Karma: Bizzare (mostly affected by varying internal caffeine levels.)
  151. Actually, you're kinda weird by Anonymous Coward · · Score: 0

    " Don't like it, don't use it, but SURE AS HELL don't ruin it for people who agree with it and accept it in it's current form because you can't play it on every device you own. "

    You seem to have a point here, but its not clear what it is... a little DRM is good, a lot is bad, you're anti-DMCA, but you're going to live with it?

    Seriously, you have no point. You just seem to be saying "Well, I don't like DRM, but I really like iTunes, and I hope they still let me use it".

    Dude, just relax. iTunes isn't going away. Its the only service that's having an impact. If they screw down DRM too tight smart people will just download it from Kazaa and ignore it.

    Why don't you buy CD's... they sound better than iTMS, they're more convenient, they're re-sellable, they have no DRM.

    The only think iTMS is getting you is not waiting 48 hours to get your music.

    That seems like a bad reason to give up your fair use rights.

    But if you're dumb enough to pay $1/crippled song, then I guess you're dumb enough to listen to apple and not strip off the copy protection.

    You're a basket case. I wish you wouldn't even own a computer.

  152. Re:Where do you think the pressure is coming from. by dr.badass · · Score: 2, Insightful

    But, if Apple (and this applies to Adobe too) was truly interested in "protecting" what is theirs, they'd implement their ideas in a more unbreakable fashion.

    Oh, come on! If you understand why the DMCA is so bad, you certainly realize that nothing can be made "unbreakable", and further, that the harder you try to lock something down, the more you invite (and even force) people to try to break it.

    Indeed, Apple seemed to have realized this in their DRM implementation, imposing such lax restrictions that fewer people need or want to circumvent it. I doubt it would have taken this long for a tool like this come out if FairPlay were more restrictive. (Barring, for this discussion, the proof-of-concept implementations like DVD Jon's and VLC's undocumented support, neither of which produced a usable file alone.)

    I was on the verge of buying my first Mac because of OSX, but you know, it's hard to financially support a company that does this kind of shit.

    I suppose you also don't pay taxes to the government that created the DMCA in the first place?

    When the DMCA gets repealed, what are you going to do Apple? Hire thugs instead to find software authors, and deal with it that way??

    That's rediculous. However fucked up it may be, the DMCA is law, and Apple's has a legal right to do what it's doing. To suggest that their willingness to do something legal (though deplorable to some) means that they'd be equally likely to do something illegal, like hire violent thugs, is misleading hyperbole.

    --
    Don't become a regular here -- you will become retarded.
  153. Correction: by Anonymous Coward · · Score: 0

    " At least now I have a choice. Pay less, have a slightly more restrictive license, or pay more and get a physical CD."

    Your choice is:

    Pay more, get less rights, less quality sound, but get immediate song: iTMS

    Pay less, get more rights, get full sonic quality, wait 2-4 days: CD

    Check out the price of a CD versus the price of downloading it. I just bought 7 new CD's last night on BMG music for a grand total, shipped, of $49.

    That's the equivalent of about $110 worth of iTunes music, not that you can download all the songs.

    You're just silly. You think anything new is cool.

  154. It cuts both ways by Kaseijin · · Score: 1
    Without copyright, nothing stops Microsoft from taking all GPL code, and bundling it in with their software.
    Without copyright, anyone could similarly use Microsoft's code.
    People 'round here seem to hate copyright
    I'm sure some do, but far more hate the current implementation.
    1. Re:It cuts both ways by Anonymous Coward · · Score: 0

      > Without copyright, anyone could similarly use Microsoft's code.

      For the most part, Microsoft's code is protected by trade secrets, NDAs, and implicit threats of blacklisting, not copyright.

      (And yes, I know about the Windows code leak -- and if MS didn't have copyright law to protect them, it's doubtful they would have given the code to a contractor with a insecure Linux box.)

      The fact is, you could not have anything approaching the modern state of "Free Software" without copyright law -- it would be BSD UNIX all over again, and we know how that turned out.

  155. not my site by Wah · · Score: 1

    ...just a useful one.

    as you were.

    --
    +&x
  156. You are incorrect by Anonymous Coward · · Score: 1, Interesting

    " After the copyrights lapse on all the music that Apple offers, then you can break the encryption and fuck with the songs all you want"

    This is incorrect. It is always illegal to break encryption to get at content, regardless of the underlying copyright.

    Welcome to the wacky world of DMCA.

  157. Can I have it? I want to diff w/0.0.1 by Ayanami+Rei · · Score: 1

    I managed to pull 0.0.1 thinking they were gonna shut it down.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  158. I agree by eroyce · · Score: 1

    Nothing special or orignal here. I just wanted to express my agreement with your comments. I think they were well written and thought through. It's nice to see that now and again, Thanks

  159. Exactly... by Ayanami+Rei · · Score: 1

    Exactly the point I was trying to make (well, at the end of that comment).

    ps - I have a bunny too!

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  160. Bullshit. by Ayanami+Rei · · Score: 1

    I don't have OSX. Therefore I don't have access to the Quicktime developer tools/libraries. I have a windows box without MSVC, solaris, and linux.

    So what are my options?

    1) Use wine and the QT dlls from windows together with /dev/kmem to pull the decrypted version of the AAC from memory.

    2) Out to CD and back (not entirely bad, but kinda clumsy)

    3) playfair

    I like #3. I'm very happy with it. The extant tools are much more clumsy than this simple, direct method.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    1. Re:Bullshit. by bullitB · · Score: 1

      Firstly, you can use GCC on Windows. Secondly, playfair doesn't work on anything that QuickTime doesn't.

  161. Counter-counter-counter-counterarguments by Kaseijin · · Score: 2, Insightful
    The counterargument to my counterargument is that by burning & re-ripping you are losing quality, but the counterargument to this counterargument of my counterargument is that if you were enough of an audiophile to care about this, you wouldn't be buying 128K mp4s from iTMS anyway.


    Burning and reripping is time-consuming and wasteful; the right software can eliminate the waste and some of the time, but even that is flirting with the DMCA. Also, iTMS files represent a minimum acceptable level of quality to some people; settling for 128 Kbps AAC doesn't imply a total lack of standards.
    1. Re:Counter-counter-counter-counterarguments by Perky_Goth · · Score: 1

      "Burning and reripping is time-consuming and wasteful; "

      Thank you!

  162. Re:Where do you think the pressure is coming from. by hitmark · · Score: 1

    if a government creates a law they can allso remove a law. laws should never be passed to protect the few from the many as long as the few is the ones that are on top of any sort of "food" chain, that just creates a kind of nobility.

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  163. Re:Where do you think the pressure is coming from. by geeber · · Score: 1

    "I honestly don't know, but I would imagine that Apple is concerned about this not because they want to make sure everything stays locked up for the sake of being locked up, but probably because they don't want the RIAA to yank their licenses and cause all of the iTMS to come crashing down."

    I think it is worth pointing out that Apple has stated they are in the music download business in order to create a market for iPods. It is definitly not in Apple's interest to allow people to convert DRM'd songs off iTunes to a different choice. Being able to change song format means that iTunes users are no longer locked into iPods for portable listening which is in directly contrary to Apple's stated business model.

    So I would think a lot of the pressure to sue is internal to Apple.

    -

  164. Re:Where do you think the pressure is coming from. by Thumpnugget · · Score: 2, Insightful

    However fucked up it may be, the DMCA is law, and Apple's has a legal right to do what it's doing.

    I would like to point out that not only does Apple have a legal right to do this, but as the parent of the parent inferred but did not state explicitly, they have a legal responsibility to the shareholders to do this! The executives of the company can be held legally and financially responsible for not acting in the shareholder's interest if they do not do everything possible to protect their businesses interests.

    It's not Apple that's screwed up, it's the (legal|economic) system. Start writing your Congresspeople and helping the campaigns of those who would improve the system.

    --
    Free yourself. Everything else will follow.
  165. Police state? by Infonaut · · Score: 1
    Politics being what it is, this might not be a "reasonable" expectation as in "will come true right away". But you're basically advocating that people should stop fighting - a very "reasonable" attitude that's at the heart of every police state. Stay on your couch if you like, but don't tell me I should do the same.

    If I am ok with the fact that I can play purchased music on three computers and an iPod, rather than on four, or five, or ten, is that equivalent to acquiescing to a police state?

    I'm also puzzled by your comment about technology. You think it should go to ordinary citizens, not to Apple or Jack Valenti. Agreed. Apple created iTunes and I use it. Anyone can use it. If you don't want to use it, rip your own CDs and use whatever filesharing mechanism you want to listen to your music in your house, your car, your basement, your tent, etc. Nobody is stopping you from doing that.

    But if Apple developed and deployed the technology of iTunes and spend a lot of time and a lot of money to do so, are you saying that they shouldn't be allowed to set a price for the service? How does Apple make money? If they don't make money, how do they provide the service?

    If they don't provide the service, perhaps someone else will. But how will this other party do so and still make money? How will this other party get the broad variety of music that powers the whole thing, if the music owners don't want to play ball?

    A "damn The Man" attitude is fine and dandy, but it's ultimately self-defeating if you can't come up with a viable replacement for the current situation. I doubt anyone will get the RIAA and the government to acknowledge and fix the problem with the current situation by engaging in illegal activity.

    Here's a crazy notion. Why not actually make this a political issue and vote people into office who will do something about changing some of these absurd laws?

    We actually do have the power to do that in the US, even though we seem to have thrown it away.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Police state? by infolib · · Score: 1

      If I am ok with the fact that I can play purchased music on three computers and an iPod, rather than on four, or five, or ten, is that equivalent to acquiescing to a police state?

      Straw man. I didn't criticize your "acquiescing" - just told you to get out of the way of those who don't. You said that "digital music shouldn't have DRM". Then you go on telling people fighting DRM to be "reasonable" and "compromise". If you agree with them, why are you telling them to stop fighting? As I said: stay on your couch if you like, but don't tell your friends to. If everyone stays on the couch we will get our police state.

      If you don't want to use it, rip your own CDs and use whatever filesharing mechanism you want to listen to your music in your house, your car, your basement, your tent, etc. Nobody is stopping you from doing that.

      That's wrong. (And how I wish it wasn't). The 5 major labels (90+% market share I guess) release most of their new albums as "copy-protected" CDs. I can probably rip them with the right programs, but doing so might be illegal under the EU copyright directive art. 6 (the "anti-circumvention provision"), which is implemented in danish copyright law para. 75c. In the US the equivalent law is US code title 17, sec 1201. So "nobody stopping me" is quite a matter of interpretation. Are you suggesting that I "fix the problem with the current situation by engaging in illegal activity"?

      As for the next few paragraphs in your post, I simply don't see how they're relevant. Feel free to enlighten me.

      A "damn The Man" attitude is fine and dandy, but it's ultimately self-defeating if you can't come up with a viable replacement for the current situation.

      I can. Viable at least as regards fans and musicians. The trouble is making this viable politically, but I'm working on it.

      I doubt anyone will get the RIAA and the government to acknowledge and fix the problem with the current situation by engaging in illegal activity.

      You will not get the RIAA to acknowledge the problem in any way whatsoever. Making the government see the light will take some hefty lobbying - I'm working on it.

      Here's a crazy notion. Why not actually make this a political issue and vote people into office who will do something about changing some of these absurd laws?

      Hey, here's something we can agree on :-) I sense that we'll be working on this for some time. In the meantime, is it ok with you if I expect full fair use for digital downloads even though it's not "reasonable"?

      --
      Any sufficiently advanced libertarian utopia is indistinguishable from government.
  166. Re:Mac idiots still praise Apple for that by Hitchcock_Blonde · · Score: 0

    Apple Rocks!!!

    --
    Karma Schmarma
  167. p.s. by filmsmith · · Score: 1

    This isn't specific to the DMCA, but it's relevant.

    There are collections of Shakespeare's works that are copyrighted. It is illegal to make duplications of these (unabridged and unaltered) writings. ...but Shakespeare is DEAD! ...?!

    fs

    1. Re:p.s. by black+mariah · · Score: 1

      You can take Shakespeare's works themselves and copy them all you want. It's the title pages, dedications, indexes, table of contents, packing, and everything else that is copyrighted. The works themselves are public domain, the surrounding fluff isn't.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
  168. Does it really matter? by TheInternet · · Score: 1

    First of all: Apple Computer holds no copyright over the works they distribute via ITMS. The record labels hold the copyrights to the music.

    But this is just symantecs. The record labels entrust the protection of the copyright to Apple.

    - Scott

    --
    Scott Stevenson
    Tree House Ideas
  169. source code is not a device by Anonymous Coward · · Score: 0

    It has been found in the past under the DMCA that source code is not a device. Therefore, source code cannot be an anti-circumvention device.

    Source code is equivalent to the plans to make something. The DMCA doesn't prohibit working on plans to make something.

    This C&D is BS.

    1. Re:source code is not a device by Anonymous Coward · · Score: 0

      That is very interesting. It does not seem to be consistent with the rulings forcing 2600.com to remove the DeCSS code, though. Could you give me a cite for your assertion that it has been ruled under the DMCA that source code is not a device?

  170. Re:A Business decision - Apple is a music reseller by spiritraveller · · Score: 1
    Everyone has known that you can burn a cd then rip it back.

    But is that going to have the same quality as simply stripping out the DRM on the original ACC file?

    If you take an MP3 and reencode it as an OGG, there will be quality loss.

    Does the same thing happen when you go from ACC to WAV to MP3?

    It seems to me that their real fear is that people will be able to easily share iTunes music files after downloading them, without any quality loss, and without the inconvenience of burning to CD first. That makes it even more convenient than buying a physical CD and ripping the songs to MP3, because you wouldn't even have to leave your house or open your the door on your cd-rom drive.

    Even people who normally wouldn't bother to share music they'd bought could do so with ease.

    I don't know if they are right to worry so much about this... or whether they can legally stop this project... but that is their or (by proxy) the RIAA's concern.

    It pretty much makes lawsuits their only tool to stop the sharing of their music. And with projects like Freenet improving all the time, the lawsuit tool isn't going to remain viable.

    I neither rejoice over, nor cry about the demise of our over-marketed pop culture... but I do believe that's what we are witnessing: its demise as a victim of its own success.

  171. /me by Anonymous Coward · · Score: 0
    adds Apple Computer to the (unfortunately lengthening) list of DMCA-wielding jackbooted thug corporations who shut down open source projects with threats.

    ~~~

  172. uh no. by Anonymous Coward · · Score: 0
    The itms restrictions on use are intended to be limits on distribution. You can only play it on (3) computers if you want to distribute it to a fourth one that's not allowed. You also cannot distribute it to a linux computer. or to many PDAs. This are all limits on distribution of the musical content of the AAC file.

    if you want to get semantic on me then I'll get semantic on you. One could argue that you bought an encypted file. you can use this however you like though its utterly worthless in its encrypted state. There are no limits on how you can use this encryted file. But if you want to distribute the music it contains that is different. You cant distribute that music to any machine that does not support decryption. Thats a restriction on distributing the music not on the use of the music.

  173. Use FREENET by Famatra · · Score: 1

    If you are afraid of censorship in whatever form (including the DMCA) then you really should mirror yourself on Freenet.

    Freenet is currently the #1 publishing medium for people which censorship is a concern.

  174. GPL and iTunes comparisons. by Aaron+England · · Score: 1

    I've read several posts drawing on the comparisons of iTunes and the GPL, which go on to prove by analogy that if we wouldn't like someone to break the GPL liscence we shouldn't like someone breaking the iTunes liscence.

    I believe the this is a false analogy however because the GPL is protected by old fashion copyright law (which many slashdotters consider legitimate) and iTunes (at least in the case of PlayFair) is protected by the DMCA (which many slashdotters cosnider illegitimate).

    The reason we should/do reject the DMCA is because it prevents us from excercising our free use by preventing us from copying encrypted media. Therefore PlayFair is a fair piece of software (giving us back our fair use rights that Apple tried to take away), and Apple was wrong for going after them.

  175. Trivandrum by rixstep · · Score: 2, Interesting

    It is located in Trivandrum, India

    Sounds like a nice place. Gotta visit sometime. Looks like India put a spanner in the works of the good old DMCA.

    Apple invoked the DMCA? That was the last thing people thought would happen, right? I mean, Apple are our heroes - right?

  176. Freenet Mirror? by Anonymous Coward · · Score: 0

    Can someone put up a mirror on Freenet? This is exactly the ideal type of project that Freenet was designed for.

  177. Style? by Anonymous Coward · · Score: 0

    Ain't nothing stylish about Steve Jobs bending over for a dildo-wearing Hilary Rosen.

  178. Re:You don't say by BlueStrat · · Score: 1

    " Don't like DMCA? Go lobby your congressman."

    Unfortunately, lobbying is, these days, a matter of who can pay the most money *cough/bribes and payoffs/cough*.
    The politicians have become so corrupt that "the will of the people" is today a sick joke. I don't buy music anymore and that hurts, because I'm a musician and I love music, be it created by me or someone else. Nor will I sign with a big label. I refuse to buy into the game. Neither do I fileshare, steal, pirate, or however you want to define it. The DMCA, however, is an unjust law brought about by corruption, as is what has happened to copyright. Many people earlier in U.S. history also broke unjust laws passed by the state, such as sitting at the front of the bus, or drinking from the wrong water fountain if you weren't the right skin color. Mugging someone, and breaking an unjust, corrupt law are not equivalent. As a matter of fact, breaking an unjust, corrupt law could be argued to be the duty of a good citizen when the state refuses to address the wrong done.

    "I became convinced that noncooperation with evil is as much a moral obligation as is cooperation with good. No other person has been more eloquent and passionate in getting this idea across than Henry David Thoreau. As a result of his writings and personal witness, we are the heirs of a legacy of creative protest." - Martin Luther King, Jr, from his Autobiography, Chapter 2.

    Just my plugged nickel.

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  179. Oh Christ by Anonymous Coward · · Score: 1, Insightful

    When will people learn that just because something is against the law it doesn't mean that it's wrong, or that the LAW is right?

    The DMCA and DRM are ALREADY violations of other laws. You have the RIGHT to copy the content you buy onto another medium. It's not a philosophical point by any stretch of the imagination. You simply may not DISTRIBUTE it.

    Playfair (get the name right, some of you...) simply allows you to backup the content you have already PAID for. This is your RIGHT.

    Stop listening to Lars Ulrich. He's a shithead, and here's why:

    1. Metallica got famous by precisely what they are bitching about. No radio play, no major promotion. How else were people going to hear it? That's very simple: those who had heard them and liked it made copies and gave them to their friends. Lars & co. seem to be forgetting their roots.

    2. No musician works for the money. You do it because you love to do it. If you get paid, great, but that's secondary. Don't pull this 'that's their job' crap, they like the money because it means they don't have to get a job.

    I've been a musician since I was 13. I'm 30 now. I've got 17 years worth of this under my belt. Don't tell me I don't know what I'm talking about.

    This whole situation started with Mr. Ulrich finding out you could get a song for free from Napster. Before that, no one knew or worried about the RIAA, the DMCA or DRM.

    Thanks, Lars. Thanks, asshole. Remember why I tossed my Metallica CDs, remember why I turn the station when their crap comes on, and remember that I'm just one more fan you don't have anymore.

    Because of people like him, now programmers looking to exercise their *rights* must go OUTSIDE of the US to do so!!

    /rant

  180. What's good for the goose... by FredFnord · · Score: 2, Insightful

    So, then, I personally find the GPL offensive, and believe that it actively makes the world a worse place. What do you recommend that I do to undermine it?

    > In other words, if you don't agree to the terms of the contract, there are plenty of other ways to register your disagreement
    > without denying yourself the use of the product/service.

    That is to say, 'I am the ultimate arbiter of what is fair and right, as long as I'm pretty sure I won't get caught at it.'

    > Not only that - the terms may not be legal in all areas of the world, in which case it's quite legal to agree to the terms and
    > simply ignore them.

    I am assuming that you mean it's quite legal to agree to the terms and ignore them IF you are in a place where they aren't legal. However, even this is not the case, as anyone with a smattering of knowledge of international contract law could tell you. Otherwise you'd never end up with contracts between two countries at all.

    Oops. Time for me to leave for the day. Sorry, more enlightenment tomorrow.

    -fred

    --
    Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
  181. I got the file... no clue how to get it to work by SB5 · · Score: 1

    I have had the file for awhile and can't seem to get it too work. My big deal is I want to convert songs to MP3 so I can listen to them playing GTA3 and Vice City. I took a few classes on programming and it looks from the stuff that I got that I would have to compile it.... Am I right or is there a simpler way?

    --
    If what you are reading sounds funny, or sarcastic, lame, or stupid
    it is because it is supposed to be. just laugh
  182. Compiles with Cygwin by Anonymous Coward · · Score: 0

    playfair compiles in cygwin, you just need to make sure the line: "#define __STRING(expr) #expr" is somewhere in src/mp4v2/systems.h where it will get processed and then everything works fine. i compiled with the 0.4 version source which is up at sarovar.org and the latest version of gcc for cygwin. there may be problems with the executable generated but since i lack an itms account and songs, someone else will have to figure that out... if you have trouble compiling it and just want the executable, post something here and i'll see what i can do....

    toodles

  183. Very good to your ears is crappy to everyone else by Anonymous Coward · · Score: 0

    "Apple's 128kbps AAC's quality is very good, about the same as a 192kbps mp3"

    Both of which are about "half" of CD quality.

    So I burn back to CD. I haven't gained anything in that exchange; its more or less equal to a low-quality CD. Then I re-rip, which can't be better than the original source, and will probably reduce it to 3/4's the original AAC; most likely less in some cases because certain type of musical passages react badly to a double-lossy-compression.

    So I have crap in an MP3 from a mid-quality AAC.

    And they charge more for this song than had I just bought the CD in the first place.

    If you go to a restaurant and see shit on a stick for $.50, do you say "wow, that's pretty cheap" or do you say "$.50 for shit? who would be dumb enough to pay for it".

    But hey, flies like shit, so there's a taste for everything in this world.

  184. code of ethics by Doc+Ruby · · Score: 1

    The original post said

    "By this logic, he doesn't really care about the GPL or any agreement that isn't convenient to his personal whims.

    This technique is an analogy, quite relevant because the same things support both Apple's DRM and the GPL: 1> copyright law and its legal enforcement (threat of police, fines, jail) and 2> ethical committment to honor an agreement. It's one thing to create a tool to increase freedom. It's another to claim it's ethical, when used to deprive another (in this case, Apple, or a GPL'd author) of theirs.

    --

    --
    make install -not war

  185. Wow! With BIAMPLIFIERS even! Wow! "Excellent"!` by Anonymous Coward · · Score: 0

    "yet is very, very high quality and nearly indistinguishable from a CD copy, even with professional-level biamplified stereo monitors."

    128kb very very high quality.

    HA HA HA HA HA HA HA.

    Ha...oh... man, you actually made me fall of my chair. 128kb is somewhere inbetween FM and CD quality. Oh wait... this is Apple, so AAC is so magic that its just as good as the CD because THEY RECORD IT RIGHT FROM THE MASTER.

    And we use BiAmplifiers to listen, so it *must* be good.

    Ha ha...stop it... my sides are killing me from laughing so hard.

    Look, you're a kid listening to thumpa thumpa "50 cent" music. You could use two tin cans and string and you couldn't tell the difference.

    Only a sucker would pay $1/Song with heavy DRM and poor sound quality when you could go to BMG Music and get an entire CD *shipped* to your home for under $8. There's no DRM on the CD. It sounds good. I guess not as good as those magic Apple AAC BiAmplified songs, but usually most people think the CD is a far better deal for the consumer ... sonically and financially.

    So get your rattle, your beads, turn on iTMS, and bow down to the magic juju of Apple selling you mediocre quality music at premium prices.

    And steve jobs died for your sins, too.

    Ha ha ha ha ha ha ha ha.

  186. Trademarks do not expire by tepples · · Score: 1

    one is also restricted by copyright when it comes to League of Extraordinary Gentlemen even though the story is based on public domain characters - to include Capt. Nemo from 20,000 Leagues

    Don't the studios that published the films Finding Nemo and The League of Extraordinary Gentlemen have trademarks on "NEMO" for various products? Though you may have the right to reproduce 20K Leagues, you may not have the right to, say, sell toys based on the descriptions of the likenesses of the characters of 20K Leagues if somebody else owns the exclusive toy rights. Trademarks do not expire in the United States, even if they match the name of a character introduced in a work that has entered the public domain.

    (an excellet example of public domain use, btw).

    Actually, some claim that LXG the movie didn't meet the potential of LXG the graphic novel precisely because other studios' exclusive movie rights to characters under trademark law restricted what the script writers could do with some of the characters. Notice "an invisible man" vs. "THE INVISIBLE MAN(R)".

  187. What would you know about it by Anonymous Coward · · Score: 0

    "Some of us are here for the money."

    The only thing you seem qualified to program is a VCR, and even then, only with the instruction book.

    Please don't criticize open source; you don't even understand how computer code is developed. That's very very clear.

  188. Perpetual copyright by tepples · · Score: 1

    But the work itself is essentially on loan from the public domain and will return to it once the grant has expired.

    You say this as if the grants do in fact expire. In practice, they don't. Given that the Supreme Court of the United States has let the Congress extend the term of copyright in works first published in 1923-1977 twice successively (excepting those works first published in 1923-1963 whose copyrights were never renewed), there seems to be little precedent for rollback of copyright terms that even the Supreme Court found counterproductive in its majority opinion.

    There are fair use clauses within copyright that allow for certain uses of creative works despite any restrictions placed by the copyright holders.

    There are also attorney's fees and court costs of raising a fair use defense to an allegation of copyright infringement. Most individual authors cannot afford a legal defense.

    1. Re:Perpetual copyright by _Sprocket_ · · Score: 1


      You say this as if the grants do in fact expire. In practice, they don't.


      Indeed. Earlier in the thread I noted:

      Copyright is a grant by government to a work's creater. It gives them a (in theory) limited time to capitalize on their work though exclusive control over that work.

      This was my nod towards the behavior you've outlined here. And I agree, the current practice seems to ignore this fundimental concept. None the less, the law is coded in this manner. It has a history of being enacted in this manner. And with work and some luck, we may see it return to its productive roots.

      I'm not holding my breath.


      There are also attorney's fees and court costs of raising a fair use defense to an allegation of copyright infringement. Most individual authors cannot afford a legal defense.


      Indeed. Yet, this is the state of our law. Justice costs - the better you can fund your case, the better chance you have at justice (or at least your version thereof). But that's not the point.

      The parent stated that the copyright holder can restrict a work in any manner they see fit. That is false - or at least, not how the law is coded.

      Of course, Fair Use is very ambigious. It seems that this is intentional - it has much of the same feel as free speech. The unfortunate side to this is that fair use issues will end up costing someone a lot in court expenses if pressed. Expenses that are trivial only to those with deep pockets.

      The ironic thing is that the RIAA, deep pockets and all, is one of the most agressive opponents to fair use. Yet they like to wrap themselves in free speech issues. It seems that public rights are only something to honor if a profit is involved.

      In short, I agree. Even if it wasn't the point. :)
  189. Is "read up" a code word? by Anonymous Coward · · Score: 0

    "I like to read up on assholes before I respond to them"

    More like "I have to lick assholes before I respond to them".

    And for the record, I think that's fine, although for me, I find it a bit, er, unsavory. But you should be able to lick any rim you please.

  190. The takings clause by tepples · · Score: 1

    While we are at it let us revoke the length of copyright down to 14 years as it was origionally

    That might not happen. Were Congress to (in our wildest dreams) pass a law rolling back copyright terms to twenty-eight years (roughly matching the 14+14 structure of the Copyright Act of 1790), every trade group for copyright owners would sue the Attorney General under the Fifth Amendment, alleging that any copyright term rollback takes "private property ... for public use, without just compensation."

  191. So install GCC on your Winbox by tepples · · Score: 1

    I have a windows box without MSVC

    Who needs MSVC anyway?

  192. Re:A Business decision - Apple is a music reseller by An+Anonymous+Hero · · Score: 1

    Oh, the doublespeak. This ought to be really exposed.

  193. Anti-DMCA book by edstromp · · Score: 1

    For those that would like to be more informed about copyright law and what the DMCA is doing to the rest of us, check out Lawrence Lessig's latest book, Free Culture. You can download the pdf for the book free here.

  194. they're out to get you by Anonymous Coward · · Score: 0

    better check the closet...

  195. Re:You don't say by seanadams.com · · Score: 1

    So, did you pay sales tax on all your out-of-state internet purchases?

    Did you speed today?

    Some lawas are just fucked up and the DMCA is one of them. It is our DUTY to defy them.

  196. Boycott by Saturninus · · Score: 0

    People should just boycott iTunes. But it's not like any of the /. people buy that stuff anyways.

  197. It does if you manually import... by Ayanami+Rei · · Score: 1

    ...your iPod and/or iTunes key. QuickTime doesn't work on linux (officially) but playfair can still talk to the iPod over your firewire in that particular instance.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  198. Re:Guess why you're not a lawyer, you fuck? by MoFoQ · · Score: 1
    Guess why you're not a lawyer, you fuck?

    'cuz he didn't want to be trolled (or ripped a new one) on /.
  199. Yes it is. by jotaeleemeese · · Score: 1

    But like in many other places, there are many people that just don't get it.

    The current US and UK goverments come to mind for example.

    --
    IANAL but write like a drunk one.
  200. Re:Guess why you're not a lawyer, you fuck? by Anonymous Coward · · Score: 0

    "Read the DMCA sometime. Like it or not, it's THE LAW."

    Facts like those make respect for the law weaker and weaker still.

  201. Don't Forget Mickey by EventHorizon · · Score: 1

    Your car will also have exactly one door.

    To compensate, you will immediately retrofit two aftermarket doors, without ever doubting the genius of the stock one door design.

  202. Re:Where do you think the pressure is coming from. by Anonymous Coward · · Score: 0

    But playfair is a solution to unlock AAC files without changing the format. Unlocking AAC files with changing format (by, say, converting to MP3) was entirely possible before.

  203. You are mistaken. . . . by werdna · · Score: 1

    Something like PlayFair would make a fantastic test case to see how the courts draw the line between the users right to effect some means for fair use, because it's a large debate at the moment about how technological measures suppress legitimate fair use, and there's surely a fine line between the DMCA rights management provisions and the allowance for fair use that we need some enlightened opinion on - until we get that opinion we have so much FUD.

    Legally, this isn't a close question. Congress enacted DMCA years ago, providing additional protection to copyrighted content that had been the subject of an "effective" protection scheme (ROT-13 might legally fit the bill, ad defined), in the form of civil and criminal penalties against circumvention of the scheme. There are some exceptions for certain kinds of encryption research and other things, but they don't apply here. Fair use is not an exception to DMCA. The constitutionality of that provision has been well-tested in the CSS cases and other DMCA cases.

    The FUD here is the suggestion that the legality of DMCA had not been tested. Enlightened or not, the courts have repeatedly spoken, all the way to the Second Circuit and some other higher courts. Like it or not, agree with it or not, it is the law.

    Frankly, the present case present no interesting legal issues. DMCA is a bad law, so far as policy, but it isn't bad law, in the sense that it is unenforceable. Playfair clearly violates the anticircumvention provisions, and trafficking in the code is a crime and subjects those who traffic in it to civil liability as well.

    I also far prefer having iTMS to not having it. I am deeply concerned that the RIAA might pull back or drop out of their agreement with Apple. If that happens, then playfair, and all you are currently distributing it freely, are hurting the community, certainly a significant section of us, as much as you may think you are helping it.

  204. Oh stop it already by Anonymous Coward · · Score: 0

    You know perfectly well that the people who buy songs from iTunes, and who download mp3s in general, don't give a damn about laminating artwork, liner notes, jewel cases or any of that crap. That's why they're downloading in the first place. They're just interested in the MUSIC.

    I have all my CD cases in storage, with my whole CD library either in binders or digitized on my hard drive. Ripping a CD and stashing the case in a box is the first thing I do when I get home.

    So, yeah, iTMS is cheaper. I can buy only what I want without having to be forced to buy some non-music merchandise I have no use for.

  205. Do we have to go thru this again....... by /dev/trash · · Score: 1

    for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

    How is cracking the encrpytion and placing it on another medium: criticism, commenting, reporting, or teaching?

    It's NOT.

    1. Re:Do we have to go thru this again....... by Xeger · · Score: 1

      I agree, cracking and copying my music is none of those things. Hence the words "such as" in the passage you quoted.

      Below that paragraph, the law enumerates the factors used in determining fair use. Noncommercial use (point #1) of a published and mass-produced work (point #2) in a way that does not affect the marketability or value of the work (point #4) -- I would say this counts as fair use. If you think differently, just follow the American Way: sue someone for copying a song he bought from his computer onto his iPod. The outcome of your lawsuit may set a precedent!

  206. Copy Protection Obsolete by SolidiusRock · · Score: 1

    I find it humorous that everyone complains and moans about how schemas are developed in hopes of obliterating the copying of songs, yet... if you can hear, you can copy it... basically, the only true protection is not to give it out at all....

  207. Illusion of control by Anonymous Coward · · Score: 0

    It's a late reply and probably no one will read this, but I have to put my 2 cents in anyway.

    Has anyone thought that Apple probably sent the C&D just for the formality? I mean, other than making the appearance to "protect the music from them pirates - arrr!" for the benefit of the recording industry, Apple probably could not care less with the existence of Play Fair. After all, Mr. Jobs himself told the RIAA that DRMs were useless and pretty much guaranteed that they would be cracked. He then turned around and slapped a very easily circumvented DRM (burn an audio CD, use WireTap, burn a virtual CD -- won't even cost you a blank there) to AAC and you can easily have your DRM free music legally. In the end, how much different is it from using Play Fair? Either you burn audio CDs or use Play Fair, Apple has sold you a copy of the music. The rest is no longer in Apple's interest. However, Apple needs to create the illusion (that is what it is all about: illusion of control) of preventing people from circumventing the DRM illegally for the benefit of RIAA so that RIAA won't go and bury any effort to extend the contract (doesn't the 1 year contract to sell music via iTMS expire soon?) iTMS needs to sell music.

    1. Re:Illusion of control by acceleriter · · Score: 1
      doesn't the 1 year contract to sell music via iTMS expire soon?

      I don't think the RIAA will leave money on the table. Especially when they realize it'll be their slice of 99c/track from iTMS or their slice of nothing per track from boycotters and p2p downloaders.

      --

      CEE5210S The signal SIGHUP was received.

  208. Re: Project also available here by theanonymousbrit · · Score: 1

    The latest version of playfair (0.4) is also available on freshmeat.net (though this is odd, in my opinion, given that it was originally removed from sourceforge, and both belong to the OSDN. Meh).

    http://freshmeat.net/projects/playfair/

    Politics aside, it's interesting to watch the code progress (and hop around the internet).

  209. Using a CD as I see fit? by hiendohar · · Score: 1

    A lot of CDs are marked with a notice that lending is forbidden.

  210. irrelevant by WiseWeasel · · Score: 1

    That's completely irrelevant, as they aren't challenging the C&D order. They've taken down the project at SF.net, and moved it offshore, where it should have been from the start. Case closed.

    --
    "I like systems, their application excepted", George Sand (French)
  211. Money T - Tevis Money, the Boy Scout Lover by Anonymous Coward · · Score: 0

    Tevis Money, the king of all homosexual Boy Scouts, is here, espousing and bleating his gayness. He is one with the Om-FAG. Master of all that is fat and sexless, the little fucking bitch. FUCK YOU TEVIS, WHORE. You ruined me, confused me, and taught me what it is like to have a reversal up the poop chute, and it hurts now mentally and physically. I hate you.

  212. This is my post (as stated) by infolib · · Score: 1

    - and I'll stand by it. I apologize for the inconvenience.

    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  213. quaint by Anonymous Coward · · Score: 0

    that argument is nice and simple.

    "dont like whats happening? you can leave."

    simpleton arguments like that may work for morons like yourself, but don't expect it to get much traction for people who are not mindless drones.

  214. Gone again by chfriley · · Score: 1

    I submitted this, but it is gone again, see http://sarovar.org/forum/forum.php?forum_id=474.

    What is most interesting is:
    Something that is interesting is that the cease and desist letter says: "When our clients addressed a cease and desist letter to SourceForge, the website removed the program immediately from its server, in recognition of the fact that PlayFair compromised the intellectual property rights of our clients."

    If I read what SF said, they removed it per their policy and if there is a counter-claim they'll put it back up. What the sarovar letter said seems completely at odds with what SF said.

    (I did submit the story here, but who knows if it will make it up to the news section).

  215. Vinegar or honey, and what about the artists? by Infonaut · · Score: 1
    Interesting comments, and I appreciate that you're willing to discuss this thoughtfully.

    I wasn't aware that the major labels were releasing most of their new albums with copy protection built in. I've been buying almost all of my music online for a while now, and most of the CDs I buy in stores are from smaller labels, so I'm out of the loop on that. It may be that the labels are contributing directly to the use of P2P networks by trying this rather stupid approach.

    My basic stance is that while DRM is never going to work as a long-term solution, there are two basic paths we can take to get the music industry and the government to smarten up:

    1) Subvert the law

    2) Work within the law

    I don't agree with the DMCA, but I also think that by directly attacking the music industry, it's going to take a lot longer for them to come around. The music industry is stale, moribund, profit-driven, and powerful. But to treat it as an evil entity is counterproductive.

    My points about the iTMS pricing were meant to inject some economic reality into the discussion. Ultimately the music is not produced and distributed for free. It takes money, particularly if you're talking about music created by a star act like Sting, U2, Garth Brooks, etc. The marketing costs alone are outrageous. It would be nice if we lived in a world where artists could distribute their music online using whatever form of Creative Commons license they liked, but it seems to me that most artists are still captive to the notion that they can become Big Rock Stars. So they sign bad contracts with the labels.

    The labels don't steal the music from the musicians. The musicians enter into bad contracts, and the labels make money accordingly. If artists got smart, they'd do what David Lindley does. The guy plays a lot of live shows and controls distribution of his music.

    But given that the music most of us want to listen to is controlled by big labels (because the artists haven't gotten smart enough to bypass the labels entirely), I submit that if Apple or someone else is paying the costs of setting up an online distribution mechanism for the music I want, Apple and the labels have the right to determine the rules under which the music is distributed given the state of our current copyright law which is quite obviously flawed.

    I think we're actually closer on this than it might have seemed at first blush. I think the RIAA is an anachronism, but I think the real unharnessed power lies with the artists themselves. If they started blowing off labels altogether, or started getting used to the notion that they would be better off controlling their own destinies, the RIAA would be rapidy consigned to the scrapheap of history.

    The people who seem to be doing the best work in pressuring for copyright reform are not (in my opinion) the people who are hacking DRM, setting up P2P networks, or otherwise attacking from a questionable legal basis.

    Rather, the folks who have taken the GPL as inspiration and have conceived more equitable variations on copyright are the people who have the most hope of ending the current RIAA stranglehold on music. If musicians would take a look at what Lawrence Lessig is doing with his latest book (distributing it as a download under a Creative Commons license while simultaneously offering it for sale in printed form), they might start to understand that they have the power to provide a better experience for listeners while retaining vastly more control over their own product.

    Will musicians wake up to this? Maybe, but the evidence so far is that only a handfull of musicians really grok what's going on.

    Apple's Music Store is a means of showing the labels that they can sell music online in direct competition with P2P networks. My feeling is that as online music sales increase, the online sales outlets that put fewer controls on downloads are the ones that will prosper. In business, money talks and rhetoric wa

    --
    Read the EFF's Fair Use FAQ