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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.

92 of 711 comments (clear)

  1. 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 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.

  2. 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 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.

    6. 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
    7. 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
    8. 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.

    9. 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
    10. 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
    11. 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.

    12. 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...

    13. 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.

    14. 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.

    15. 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).
    16. 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."
    17. 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
    18. 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'.
    19. 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
    20. 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.
    21. 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."


    22. 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
  3. 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.
  4. 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 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)

  5. 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
  6. 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 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
    2. 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.

  7. 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.

  8. 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.

  9. 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 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
    3. 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. 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.

  11. 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.
  12. 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.
  13. 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...

  14. 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.

  15. 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"
  16. 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 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
    2. 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 :}

    3. 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.

    4. 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.

  17. 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 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.
  18. 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.

  19. 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!
  20. 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.
  21. 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>

  22. 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?

  23. 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.

  24. 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.

  25. 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 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.

    2. 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.

  26. 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.

  27. 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

  28. 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 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.

    2. 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.

  29. 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! :-)

  30. 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
  31. 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.
  32. 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 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-
  33. 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.

  34. 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.

  35. 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...
  36. 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.
  37. 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
  38. 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.
  39. 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....

  40. 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?

  41. 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.
  42. 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.
  43. 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.
  44. 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.

  45. 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.
  46. 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.
  47. 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.

  48. 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

  49. 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.
  50. 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