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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.

149 of 711 comments (clear)

  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 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?).

    2. 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
    3. 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.
    4. Re:Project still available elsewhere..... by stephanruby · · Score: 4, Funny

      The project has been off-shored.

    5. 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.
    6. 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.

    7. 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.

    8. 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.
    9. 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...

    10. 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.
    11. 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
    12. 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
    13. 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?

    14. 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.
    15. 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.

    16. 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.
  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 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. 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: 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?
    2. 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.

  4. 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 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"?

    6. 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.

    7. 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.

    8. 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
    9. 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
    10. 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.

    11. 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.

    12. 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
    13. 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
    14. 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.

    15. 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...

    16. 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?

    17. 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
    18. 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.

    19. 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.

    20. 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).
    21. 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."
    22. 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
    23. 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
    24. 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
    25. 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'.
    26. 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
    27. 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.
    28. 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
  5. 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)
  6. 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.
  7. 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.
  8. 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?
  9. 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 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.

  10. 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 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!
    2. 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.

    3. 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)

    4. 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
    5. 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. 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...

  12. 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: 5, Funny

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

    3. 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!

  13. 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 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.

    2. 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
    3. 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.

    4. 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.

    5. 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?

  14. 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.
  15. 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.

  16. 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?

  17. 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.
  18. 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;
  19. 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.
  20. 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.

  21. 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.

  22. 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.
  23. 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.
  24. 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.

  25. 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 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
    3. 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 :}

    4. 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.

    5. 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.

  26. 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 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.

    2. 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.
  27. 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.

  28. 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!
  29. 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.
  30. 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>

  31. 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?

  32. 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.

  33. 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.
  34. 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.

    --

  35. 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.

  36. 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.

  37. 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.

    3. 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.
  38. 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.

  39. 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
  40. 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.

  41. 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
  42. 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!"
  43. 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-
  44. 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.

  45. 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

  46. 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.

  47. 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

  48. 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...

  49. 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
  50. 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.

  51. 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.

  52. 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.
  53. 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.

  54. 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....

  55. 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.

  56. 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.
  57. 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.

  58. 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.

  59. 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.
  60. 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
  61. 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.
  62. 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.
  63. 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?

  64. 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.