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Apple Hunts Playfair in India

An anonymous reader writes "A news posting at Sarovar.org says that they have to take down the 'PlayFair' program upon receiving a notice from Apple's attorneys. They are awaiting their attorneys' response. This is bad news for all those who appreciated this cool program. Let's hope that 'PlayFair' might appear in some other country now."

782 comments

  1. A few thoughts by daveschroeder · · Score: 2, Insightful

    1. The iTunes Music Store - and thus all other worthwhile online music stores that follows - would have *existed* in the first place if it wasn't for *some* DRM capability. Apple's is the most flexible, least intrusive of all other current implementations (other than no DRM at all).

    2. Remember, if Apple chose to "fight the good fight" against DRM, we wouldn't have an iTunes Music Store at all. Apple put in the LEAST DRM it could get away with.

    3. Whether or not the DMCA is unconstitutional is irrelevant to the fact that, at least with regard to Sourceforge, Apple used a law in existence in its favor - how can it be faulted for that?

    4. With refard to Sarovar, Apple did nothing more than make with is essentially an intellectual appeal. Apple didn't "force" anyone to do anything.

    5. If you don't like the iTunes Music Store license, don't buy music from it. Please, no lame arguments about "stealing" vs. "copyright infringement", and "fair use" vs "licenses I didn't sign", or "playing music **I paid for** anywhere". We all agree with you. By the way, breaking DRM isn't civil disobedience: civil disobedience involves some kind of personal sacrifice on your part - and if that personal sacrifice is going to jail and/or getting fined for violating US law, unconstitutional or no, then don't bitch about it. Publicize it, but don't bitch. THAT'S civil disobedience. And maybe it will change the law(s).

    6. We all know that many here are against *any* DRM, on principle, no matter how unintrusive. That's another argument all together...should rights owners have *any* rights to protect/monitor/control their products? A huge matter, to be sure...but be that as it may, Apple tried for the best possible balance in favor of consumers, and did a pretty darn good job. Remember, too, that one DRM element is keeping iTMS purchases tied to the iPod, which is how Apple chose to deploy this service. It's their service and products; if you don't like it, don't use or buy them. It's your choice.

    1. Re:A few thoughts by DAldredge · · Score: 1, Interesting

      Isn't that the same logic that abused wives use to stay with their 'loving' husband?

    2. Re:A few thoughts by JanneM · · Score: 2, Insightful

      PlayFair is perfectly legal in most jurisdictions. What we have is a large corporation throwing their legal and financial weight around to stop something that is not wrong in any way.

      --
      Trust the Computer. The Computer is your friend.
    3. Re:A few thoughts by Anonymous Coward · · Score: 0

      1. The iTunes Music Store - and thus all other worthwhile online music stores that follows...

      So the several stores that were around before iTMS and that Apple ripped off the idea from don't fall under the same category? Hmm.

      There are several stores with no DRM, starting with Magnatune.

    4. Re:A few thoughts by Anonymous Coward · · Score: 0

      3. Whether or not the DMCA is unconstitutional is irrelevant to the fact that, at least with regard to Sourceforge, Apple used a law in existence in its favor - how can it be faulted for that?

      How can they be faulted? They could choose to ignore it. Yes, they will likely lose the RIAA backing, but I really don't care personally... The public shouldn't support any RIAA backed iniatives. Support FREE music.

      This music is protected by a mechanism that is not available on all platforms. It should be. This program allows you to use it anywhere you choose w/o the intermediate steps of burning to CD then re-encoding.

    5. Re:A few thoughts by athakur999 · · Score: 3, Interesting

      If things were different it was the Microsoft Music Store and you could download songs with the same exact DRM policy as what iTunes has now, would you still have a problem if someone released a program such as this?

      --
      "People that quote themselves in their signatures bother me" - athakur999
    6. Re:A few thoughts by seanadams.com · · Score: 4, Insightful

      It doesn't matter. The cat is out of the bag.

      And the more Apple tries to stuff it back in, the more attention they draw to the futility or DRM and the existence of playfair.

    7. Re:A few thoughts by Anonymous Coward · · Score: 0
      If things were different it was the Microsoft Music Store and you could download songs with the same exact DRM policy as what iTunes has now, would you still have a problem if someone released a program such as this?

      Of course not, it's the Slashdot double standard, and Microsoft is evil you know.

    8. Re:A few thoughts by Anonymous Coward · · Score: 0

      Yes. People out for a free ride give everyone a bad name.

    9. Re:A few thoughts by JoshuaDFranklin · · Score: 5, Informative
      Here is my mirror of the source code. There are no binaries, no DMCA violations:

      http://students.washington.edu/joshuadf/decss/

      Use responsibly.

    10. Re:A few thoughts by tdemark · · Score: 0, Interesting

      So far, what has Apple done?

      They've sent out two letter to two different organizations.

      Total cost to them: Probably $300 + overnight mail fees.

      I don't see how this is "throwing their legal and financial weight around".

      - Tony

    11. Re:A few thoughts by Anonymous Coward · · Score: 4, Insightful

      The iTunes Music Store - and thus all other worthwhile online music stores that follows - would have *existed* in the first place if it wasn't for *some* DRM capability.

      If this is true, and I sincerely hope it is NOT, then perhaps online music stores shouldn't exist at all.

      As of this moment we have a legal, cheap, and DRM free way to get music: buy used CDs.

      Everyone here seems to only be concerned with moving forward and having online music stores as soon as possible... what they don't realize is that because of the DRM we are moving BACKWARD. All the freedoms that we HAD with regular retail don't exist with the online stores, and already music companies are starting to experiment with DRM on regular CDs.

      So here is what I say: buy CDs or don't buy music at all. If you choose to use these services because they are convenient or whatever then you are just saying to the corporations: "I will take any crap that you want to give me as long as I get exactly what I want right now"

      Sounds kind of childish, doesn't it?

    12. Re:A few thoughts by WARM3CH · · Score: 1
      Apple put in the LEAST DRM it could get away with.
      I think it's more of a technical inefficiency and incompetence than trying to make life easier for the hackers. Really, if I use a protection/license management system for my new software and use a weak one, do you think I'm acting friendly or you think I'm just stupid?
    13. Re:A few thoughts by DAldredge · · Score: 5, Insightful

      This is the samething as the USA parking an aircraft carrier off a country then making a 'request' they do something. While it is a 'simple request' it is backed up by a Nuclear armed air wing and an entire carrier battle group.

      Apple has a lot more resouces than most people and can make good on their threats.

    14. Re:A few thoughts by 1u3hr · · Score: 4, Informative
      4. With refard to Sarovar, Apple did nothing more than make with is essentially an intellectual appeal. Apple didn't "force" anyone to do anything.

      Oh yes they did.

      [T]he PlayFair program is against the express provisions of our Information Technology Act, 2000 and the Copyright Act, 1957 and you are equally liable as accessories, being the means through which the offending program is available for download at the Sarovar site.... Please confirm your compliance of the above requisitions within 24 hours from receipt of this notice, failing which our clients would be forced to consider the legal options available to them
      Is not an "intellectual appeal", it's a threat to make them spend the rest of their lives in court and/or be bankrupted. It's one step removed from a horse's head in the bed.
    15. Re:A few thoughts by thenextpresident · · Score: 3, Interesting

      I look at it simply like this: You are either for DRM technology, or you are against it. I am against it. It's really as simple as that.

      So, DRM is either wrong or right. Acceptance of "some" DRM is acceptance of DRM. If you really wish to choose not to accept DRM technology, you must not accept it at all. By accepting Apple's DRM as acceptable, you are in essence accepting DRM technology.

      "I became convinced that noncooperation with evil is as much a moral obligation as is cooperation with good." - Martin Luther King, Jr

      --
      Jason Lotito
    16. Re:A few thoughts by Anonymous Coward · · Score: 0

      Just because they haven't thrown a great deal of cash into it yet doesn't mean they haven't thrown their legal and financial weight around. They're not as large as some companies, but they're large enough that moving an inch will squish something. Do you think the project in question would have been removed so quickly if the request had come from little Joe Hick Software Co.?

      Not that I think they've really done a whole lot yet, but at their size/recognition... they don't need to.

    17. Re:A few thoughts by Brian+Blessed · · Score: 1

      > Apple put in the LEAST DRM it could get away with.

      This is a popular idea around here of late. What does it mean? Presumably "get away with" in order to be acceptable to the RIAA.

      Well it's not acceptable to me, so it is still more DRM than they can get away with (and have me as a customer).

      - Brian.

    18. Re:A few thoughts by pyros · · Score: 4, Informative
      Here is my mirror of the source code. There are no binaries, no DMCA violations:

      You're fooling yourself if you think that you must distribute binaries of a copy-protection circumvention application. The 2600 guys were successfully prevented from hyperlinking to sites with the source code. That's right. There is precedent for /. to be sued for leaving your comment in this discussion, based on the DMCA.

    19. Re:A few thoughts by Anonymous Coward · · Score: 0

      Nobody cares anyway. After a couple of years in this market apple will have marginalized themselves to the top 3% "l33t" music crowd. As they do in every other market they enters.

    20. Re:A few thoughts by Anonymous Coward · · Score: 0

      black/white, republican/democrat, liberal/conservative, open source/proprietary. i really think it's time we moved beyond this view of the world.

    21. Re:A few thoughts by log0n · · Score: 1

      Please explain how PlayFair is legal, rather than just assert that it is.

    22. Re:A few thoughts by DoubleD · · Score: 2, Insightful

      1. I understand Apples motives for using DRM and cannot fault them for it.

      2. Apple did good job balancing the demands of the copyright holders with the wants of the people.

      3. The heart of the issue. Legally Apple is 100% right here but ethically I believe they are lacking, just because it is law does not make it ethical (Jim Crow laws for example).

      4. Dang make me read the article will you . They were "nice" only because they didnt have the legal leverage to do anything else.

      5. Hmm, I would define breaking DRM as civil disobedience, by the qualities of being both non-violent and ... well disobedient.

      6. DRM is fine with me, it is the copyright holders decision to use such and the users decision on whether to patronize DRM enable products. This again leads to the real issue. Making DRM circumvention illegal. DRM should be a technical inhibition not a legal one. Hiding the fact that Fairplay is breakable does not make the issue go away.

      DRM, copyright, fair-use, and circumvention form a system of checks and balances. By making circumvention illegal the balance of power has been shifted too far in the direction of copyright holders. Reference the history of copyright and it's original purpose of encouraging the distribution AND rentry into the public domain of created works while allowing the creator to profit. Existing copyright law already provides a method of going after copyright violations. It is not useful or beneficial to legislate against every possible method by which someone could break the law. If you want to have a free society you have to depend the idea of a social contract.

      ok enough blabbering out of me.

      --
      "He is no fool who gives what he cannot keep in order to gain what he cannot lose."
    23. Re:A few thoughts by Anonymous Coward · · Score: 0

      Playfair does not break the encryption. It's an implementation of the decryption mechanism. You still need valid keys to decrypt the songs.

    24. Re:A few thoughts by westlake · · Score: 3, Insightful
      It doesn't matter. The cat is out of the bag. And the more Apple tries to stuff it back in, the more attention they draw to the futility or DRM and the existence of playfair

      more likely Apple moves to stricter controls to keep the record companies from pulling content from iTunes

    25. Re:A few thoughts by Lussarn · · Score: 1

      Me too.

      I have a sony CD player in my home. I would be thrilled to buy music that only worked on my sonybranded player. And two other sonybranded players of my choice. Plus one kind of a sony handeld.

      Yeah.. That sound like a CD I'm going to buy.

      Apple DRM stinks.

    26. Re:A few thoughts by 1u3hr · · Score: 5, Interesting
      Apple has a lot more resouces than most people and can make good on their threats.

      Apple used to have service manuals for their old Macs on ftp.apple.com, with no passwords. But if anyone even gave a link to them in any Mac discussion group they had very heavy legal threats using "copyright" and "trade secret" language that made all the site and list owners immedaitely delete the articles. Again, these were simply links to documents freely available on Apple's own site, for obsolete machines that would cost more than they were worth to take to a repair centre -- even for trivial (once you see the diagrams) tasks like replacing the motherboard battery.

    27. Re:A few thoughts by TimTheFoolMan · · Score: 4, Insightful

      Oh puhlease... trying to make an association between your quote from MLK Jr. and your dislike of DRM makes your argument look ridiculous.

      Suggesting that DRM is a black/white right/wrong issue is pretty ridiculous. You no doubt would love to protect your own rights to things you have of value (you do lock up your valuables... right?). Are you suggesting that because I have a moral problem with the idea of things being locked up, and found a site that allows me to successfully pick any MasterLock, that it's now perfectly OK for me to come by when you're not home, pick the lock, and take what doesn't belong to me?

      I can agree/disagree with the IMPLEMENTATION of DRM in this case, or I can say that it's a mixed bag. In my opinion, it's a mixed bag, and people who are going out of their way to circumvent the MINIMAL DRM on iTunes are simply looking for a way to justify immoral/illegal behavior.

      Tim

    28. Re:A few thoughts by 1u3hr · · Score: 0, Flamebait
      Please explain how PlayFair is legal, rather than just assert that it is.

      Before defending oneself, one needs to know what one is charged with. I know that in the new America you just throw people in concentration camps for a couple of years because they have shifty eyes, but in most other countries you need to say what law has been broken first.

    29. Re:A few thoughts by Anonymous Coward · · Score: 0

      Use responsibly.

      Dream on...

    30. Re:A few thoughts by mark-ss · · Score: 3, Insightful

      The previous author should probably review this: (University of Washington) Computer Usage Limitations.

    31. Re:A few thoughts by enormo · · Score: 1

      To bad for all those people who took part in protests, marches, sit-ins etc. who were never fined or arrested or attacked. Looks like they didn't contribute much to any civil disobedience movement. But maybe they don't know that yet... I'll let you tell them. And for heavens sake NEVER bitch about being punished for anything unfair, illegal, unconstitutional, or oppressive it's SO unflattering. How insulting.

    32. Re:A few thoughts by b!arg · · Score: 4, Funny

      I look at it simply like this: You are either for DRM technology, or you are against it.

      President Bush? Is that you? If so, I hope to god you are not "the next president."

      --

      Everybody dies frustrated and sad and that is beautiful
    33. Re:A few thoughts by Laur · · Score: 1
      1. The iTunes Music Store - and thus all other worthwhile online music stores that follows - would have *existed* in the first place if it wasn't for *some* DRM capability. Apple's is the most flexible, least intrusive of all other current implementations (other than no DRM at all).

      2. Remember, if Apple chose to "fight the good fight" against DRM, we wouldn't have an iTunes Music Store at all. Apple put in the LEAST DRM it could get away with.

      This is reminiscent of the great 3/5ths compromise the US's forefathers made when drafting the constitution, i.e. slaves count as 3/5ths of a person for representation purposes. You may agree that the compromise was a good idea and necessary to break a deadlock, yet still be against slavery (or in this case DRM). Do not condem those who wish to ensure their fair use rights just because you feel that Apple made a good compromise.

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    34. Re:A few thoughts by Jugalator · · Score: 2, Interesting

      This is going a bit off-topic, but ShareReactor.com was recently shut down for giving away *checksums* (yes, imagine that!) for software and movies on their site, which could in turn be used in P2P applications.

      What's next? Not being allowed to speak the name of copyrighted material since it could give pirates an idea that they can download it? :-P

      --
      Beware: In C++, your friends can see your privates!
    35. Re:A few thoughts by Fallen+Kell · · Score: 5, Informative
      I don't know about that. Once you cross the line as to saying that code is not speach then where is the actuall line? That was the whole point of the DeCSS Gallery, to prove that there is no line between source code and speach.

      In any case, THIS IS EXEMPT! Read the DMCA under 6 exemptions:

      2. Reverse engineering (section 1201(f)). This exception permits circumvention, and the development of technological means for such circumvention, by a person who has lawfully obtained a right to use a copy of a computer program for the sole purpose of identifying and analyzing elements of the program necessary to achieve interoperability with other programs, to the extent that such acts are permitted under copyright law.

      PlayFair is needed to allow us to use the protected work in hardware that does not support the FairPlay encryption scheme. While I might not bet my life on that, it at least is a good place to start in challenging this (as well as in the case for DVD's).

      --
      We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    36. Re:A few thoughts by fatphil · · Score: 4, Insightful

      Because in almost all sane jurisdictions all things are legal unless they fall into a class of things that is defined to be illegal.

      So the onus is on _you_ to explain why, in India, PlayFair is _illegal_.

      FP.

      --
      Also FatPhil on SoylentNews, id 863
    37. Re:A few thoughts by tshak · · Score: 1

      Apple's DRM is one of the most flexible. However, that doesn't mean it's flexible enough. I've barely even spent $100 on the iTunes store and the main reason is because I want to play my music on devices other than my iPod. I need to convert to MP3 to play on other devices. At least with WMA's DRM I can still use most all devices (except for my iPod!) since MS worked hard to put WMA on everything but your toaster. If Apple doesn't want me cracking their DRM, they better get their technology on a lot more devices.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    38. Re:A few thoughts by Jugalator · · Score: 1
      Sorry, I meant MD4 hash codes, not checksums. :-P

      But my point is that they provided something like this string:

      ed2k://|file|StarOffice-6.0-linux-en.cue|89|5bf6 e7 b5d115d028f8a9e0e8cf
      18604b|

      ... and that was enough, even if they didn't host anything special, like web sites with illegal software.

      --
      Beware: In C++, your friends can see your privates!
    39. Re:A few thoughts by Anonymous Coward · · Score: 0
    40. Re:A few thoughts by Catbeller · · Score: 4, Interesting

      That court decision was wrong. We disobey. And don't necessarily want to pay the "consequences", either.

      Some court decisions, some laws, are just plain wrong. Forbidding people to look at a web site by refusing permission to anyone to link to it is wrong. I don't care about legal; it's wrong.

      Streeeeetching for an example: jury nullification. Juries actually have four verdict options.

      1. Guilty
      2. Not guilty.
      3. No verdict (hung in a tie, or unable to reach majority).
      4. NULLIFICATION. The jury can decide that, although the defendant is guilty of violating the law, the law itself is wrong.

      I don't know what happens as a result of 4: guilty? not guilty? I do know that judges do not want such an outcome, and as far as I know never inform the jury that they can decide in that manner.

      There is civil disobediance, of course, but you can go to jail or be fined. Juries aren't charged for nullification.

      Let's say that in this case I am nullifying the legal decision. No precedent on the books, but plenty in real life. People speed. People take mood enhancing drugs. They end-ran Prohibition. They copy music. Bush is sandbagging the Plame investigators. Cheney won't give up notes to energy policy meetings that he should. They don't think of themselves as criminals as they do all these felonious things. They effectively nullify the law.

      So tho there is precedent, I agree, in that court ruling, I deny the validity of the decision. I have lots of company.

      And the parent poster is simply not guilty of linking to the code: he's hosting the source, making it available for downloard. He's past the 2600 decision, and out in another dimension.

      Not that it stopped me from downloading it. I don't like being told by whatever power that I can't read forbidden text.

    41. Re:A few thoughts by SideshowBob · · Score: 4, Insightful

      You are either for DRM technology, or you are against it. I am against it.

      And therefore you have 2 choices, to subscribe to the iTMS or not.

      It is NOT ethical to subscribe to the iTMS (and thus, agree to the EULA) with the full intent of violating what you are agreeing to. Same deal as GPL violators.

    42. Re:A few thoughts by Anonymous Coward · · Score: 0

      Yes, reply to your own post.

      Fag.

    43. Re:A few thoughts by Anonymous Coward · · Score: 0

      That is one hell of a lot of ifs in that sentence. So many it becomes a false statement and means nothing.

    44. Re:A few thoughts by amaiman · · Score: 1

      Well, the good thing about the Internet is that while Apple may shut down the Playfair site, the source code is already distributed and is all over the Internet, they won't be able to purge all of the copies.

      Putting it up on a University server under your own name is not a very bright idea, though. Hope you don't get in trouble with them.

    45. Re:A few thoughts by h4x0r-3l337 · · Score: 2, Insightful

      No, what we have is a bunch of freeloaders that, for all their talk about how they'd buy music if only they could buy it in some *other* way, are really nothing more than thieves. Read any of the discussions about the music industry from *before* iTunes came along. Pretty much everyone said that if the record companies allowed them to buy individual songs instead of whole albums with only 2 good songs on them, they'd buy more music. Now that option exists, and what happens? Some kid breaks the DRM mechanism, and everyone jumps to his defence, because all they really want is FREE (gratis) music. All that talk about buying songs was just that: talk.

    46. Re:A few thoughts by MechaStreisand · · Score: 1

      Your first and second points, I agree with.

      3) That's like saying that patent sharking companies who take out vague patents, wait for others to implement them without realizing it, and then sue them for profit aren't doing anything wrong and can't be held accountable. Or that corporations like HP who lay off all their American workers despite being profitabile already aren't doing anything wrong. Just because it's legal doesn't mean it's right.

      4) Others have already pointed out how false this is.

      5) I don't buy music from it, and it's specifically because of the DRM. But don't get me wrong: I don't think there's anything wrong with DRM technology itself. I just don't want it on anything on my computer. The ironic thing is that the existence of Playfair made me reconsider my anti-Itunes stance. But now I think I made the right choice before.

      6) So many communist slashbots on this site are against DRM as a technology, like it's possible for a technology to be evil, like guns, or nuclear reactors. No, it's not: it's just a way of getting things done, and it does have some interesting applications when it comes to workstations with critical data on them. The problem here is not DRM: but the DMCA. Apple is perfectly within their rights to use DRM to protect their content: nothing wrong with that. But it should be our right to try and break it for fair use purposes! Nobody should go to jail for that, but under this law, they can. There are ligitimate purposes for removing the DRM protection.

      The really ironic thing is that, as far as I know, all or most of the songs sold on Itunes are songs already on CDs in stores. This means that they're already in mp3 form on thousands or millions of computers already. If anyone wants to pirate them, they already can, and at decent quality too. What difference does it make if someone's sharing an AAC or a mp3 of the same song on Kazaa? It's the same song! I seriously doubt they will lose a single sale over this... aside from those from people who might boycott them now.

      That's why this is dumb.

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    47. Re:A few thoughts by TALlama · · Score: 1

      George W. Bush, is that you?

      Seriously, people, this whole black and white thing has to stop. And if you're not with us in trying to stop it, you're against us!

      --

      - The Amazina Llama

    48. Re:A few thoughts by cshark · · Score: 1

      There's always Sealand.

      --

      This signature has Super Cow Powers

    49. Re:A few thoughts by Anonymous Coward · · Score: 0

      The cat is out of the bag.

      OMG TEH WILDCAT IS ON TEH SPOKE !!! !!! !!!!

      --
      Gayness filter encountered. Baby aborted!
      Reason: You are trying to send information to Slashdot.org. The aforementioned site is known for notoriously molesting male minors with offerings regarding non-consentual homosex. It's is GAY.

    50. Re:A few thoughts by aastanna · · Score: 1

      Hmm, I would define breaking DRM as civil disobedience, by the qualities of being both non-violent and ... well disobedient.

      That raises an interesting idea. Back when the British colonized India it was illegal to make soap, because the British wanted everyone to buy the imported soap. Ghandi organized ~10,000 people or so to go down to the river at once and make soap. That's civil disobediance, you can't throw that many people in jail.

      For all the people out there who are against DRM in any form, and Americans who are against the DMCA, it would be possible to get a very large group together and bring your laptops to some public place to openly break encryption and circumvent copyright controls. You'd probably have to tell people what you were doing, because it wouldn't be obvious looking at a bunch of people with laptops.

      The trouble now is that you can be sued one at a time instead of just halled off to jail, so try not to identify yourself. Not being an American and not being particularly against DRM I wouldn't be participating, but it's a thought. You could put your money where your mouth is and have something to brag about on Slashdot :)

    51. Re:A few thoughts by pyros · · Score: 1
      I know it's supposed to be exempt. The fact remains, however, that DeCSS was written to watch DVDs on Linux so it should have been exempt too. But it was ruled to be illegal in several U.S. courts. Many web sites and individuals were sued for either listing the text of the source code or hyperlinks to sites listing the source code. There's also the whole snafu will Sklyarov and Elcomsoft for writing a rot-13 'decrypter' to backup your Adobe e-books. Dmitry Sklyarov was briefly imprisoned under the DMCA.

      Every here knows that this law and the enforcement of it are completely over the line, but the fact remains that legal precedent has already been set, and it will likely take much civil disobedience (people going to jail and creating a media storm) to get it fixed.

    52. Re:A few thoughts by analog_line · · Score: 1

      Yes. I want the IP rights protected by the GPL protected, so however much I dislike Microsoft, what's good for the goose is certainly good for the gander.

    53. Re:A few thoughts by Anonymous Coward · · Score: 0

      "1. The iTunes Music Store - and thus all other worthwhile online music stores that follows - would have *existed* in the first place if it wasn't for *some* DRM capability. Apple's is the most flexible, least intrusive of all other current implementations (other than no DRM at all).

      2. Remember, if Apple chose to "fight the good fight" against DRM, we wouldn't have an iTunes Music Store at all. Apple put in the LEAST DRM it could get away with.

      3. Whether or not the DMCA is unconstitutional is irrelevant to the fact that, at least with regard to Sourceforge, Apple used a law in existence in its favor - how can it be faulted for that?

      4. With refard to Sarovar, Apple did nothing more than make with is essentially an intellectual appeal. Apple didn't "force" anyone to do anything.

      5. If you don't like the iTunes Music Store license, don't buy music from it. Please, no lame arguments about "stealing" vs. "copyright infringement", and "fair use" vs "licenses I didn't sign", or "playing music **I paid for** anywhere". We all agree with you. By the way, breaking DRM isn't civil disobedience: civil disobedience involves some kind of personal sacrifice on your part - and if that personal sacrifice is going to jail and/or getting fined for violating US law, unconstitutional or no, then don't bitch about it. Publicize it, but don't bitch. THAT'S civil disobedience. And maybe it will change the law(s).

      6. We all know that many here are against *any* DRM, on principle, no matter how unintrusive. That's another argument all together...should rights owners have *any* rights to protect/monitor/control their products? A huge matter, to be sure...but be that as it may, Apple tried for the best possible balance in favor of consumers, and did a pretty darn good job. Remember, too, that one DRM element is keeping iTMS purchases tied to the iPod, which is how Apple chose to deploy this service. It's their service and products; if you don't like it, don't use or buy them. It's your choice."

      When the MPAA killed DeCSS, they never got this type of support. What's the difference now? Oh yeah, this site is in love with Apple.

    54. Re:A few thoughts by b-baggins · · Score: 0, Offtopic

      Wish I had mods points to counter all the flamebait and troll mods you're going to get for this one...

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    55. Re:A few thoughts by Spankophile · · Score: 3, Insightful

      Gaaahhhh..

      I'm so SICK TO DEATH of people comparing IP "piracy" with theft of physical goods.

      THEY ARE NOT THE SAME.

      If I break into your home, and steal your TV, you are out a TV. If I use a special HU Card or what-have-you to "steal" satalite TV, strangely enough, your satelite TV still works.

      If I download a movie with BitTorrent, share a song with Kazaa, put some games up on eMule, paste a .txt file of the latest Stephen King novel on my website, guess what? Your copies of all those things STILL WORK. Furthermore, the authors' copies of said items still exist.

      Copyright infringement is much different from theft, in that IT DOESN'T DENY the "victim" of WHAT WAS PREVIOUSLY HAD.

      So yes, go ahead and "break into" my p2p share folder, and "steal" whatever you like. In fact, I encourage it. But leave my TV alone. I only have one of them.

    56. Re:A few thoughts by Anonymous Coward · · Score: 0, Insightful

      " So far, what has Apple done?

      They've sent out two letter to two different organizations.

      Total cost to them: Probably $300 + overnight mail fees.

      I don't see how this is "throwing their legal and financial weight around".

      Replace Apple with SCO in the above post and see if you still like the message.

    57. Re:A few thoughts by Znork · · Score: 5, Insightful

      Sigh. For the billionth time, the GPL is not an EULA. The GPL is a copyright permission license. To violate the GPL you have to be engaging in distribution.

      It would be the 'Same deal as GPL violators' if someone set up their own webshop, copied and sold iTMS content.

      EULA's may, or may not, be enforcable. It's by no means a certain thing, and in the case of Apples EULA for iTMS it goes straight up against the First Sales Doctrine, which means that copyright law can very well trump the contract EULA trying to limit buyers rights beyond what copyright law permits them.

      It's not even close to the 'same deal'.

    58. Re:A few thoughts by kimgh · · Score: 2, Insightful
      In addition to the points made in the parent, I'm willing to bet that Apple is required by its contracts with the music companies to defend the copyrights of said companies. If Apple didn't do what they are doing about this, the music companies might be able to sue Apple for breach of contract.

      So, however odious these moves might be to some (doesn't affect me, I don't use Playfair or anticipate the need for it), Apple is probably legally required to defend its rights in this matter. Complain to the music companies, not Apple....

    59. Re:A few thoughts by Anonymous Coward · · Score: 5, Funny

      No this would be more like Canada parking a boat with a moose and a mounty outside of a foreign country and making a 'request.'

    60. Re:A few thoughts by greenhide · · Score: 5, Insightful

      Okay, I think the point is this:

      If you have a file in AAC format, you got it through iTunes. And if you got it through iTunes, then you signed the User License, a legally binding agreement. Sure, you probably skimmed it because it's long, but that's expected, and it's legal. Part of the agreement no doubt said that you respect the DRM that exists in the files that you download.

      So anyone using PlayFair to overcome the DRMs is essentially in breach of contract.

      That all being said:

      STOP COMPARING THIS TO MLK AND THE CIVIL RIGHTS MOVEMENT!

      Sorry for shouting, but this seriously has me PO'd. There's a huge difference from being banned from a restaurant because of the color of your skin, and being prevented from making unlimited copies of a song you like, or using that song wherever you want. I understand there are some usese of FairPlay that might fall under the traditional definition of Fair Use (perhaps!) but you all are kidding yourselves if you think that pissing and moaning about DRM is going to change anything.

      If you want to effect real change, vote with your pocketbook. Stop buying new records especially at national chains. Go to local music stores and buy used CDs. Hell, buy vinyl. Only buy music that is made and distributed by independent labels.

      And, while you're at it, take it upon yourself to do something good and worthwhile for the world -- help tutor someone, volunteer time at a soup kitchen, or even just talk to a friend who seems in the dumps. Surely there's something better to do than waste it arguing about whether or not Apple should be doing what it's doing.

      --
      Karma: Chevy Kavalierma.
    61. Re:A few thoughts by Anonymous Coward · · Score: 0
      2. Remember, if Apple chose to "fight the good fight" against DRM, we wouldn't have an iTunes Music Store at all. Apple put in the LEAST DRM it could get away with

      Says WHO? You? int us to some credible source, like an apple official explaining that on an interview. Or are you perhaps just playing devil's advocate, speculating on possibilities? It is plausible Apple may have done not; but without any proof, it's equally likely this is not the way it went. It's just becoming one of those "facts" (myths) at this point, after repeated often enough... something some people call "meme". Vapourclaim.

    62. Re:A few thoughts by alienw · · Score: 1

      You are basically saying that just because something may be illegal it is morally wrong. That is a fallacy. The abolitionists in the US in the 19th century routinely broke the law -- and did the right thing. So drop the legal argument.

      DRM is wrong because you are essentially paying for a very volatile right under the guise of buying music. Think about it. If the labels talk Apple into restricting your rights some more (and they eventually will), then your expensive collection of DRM iTunes files suddenly becomes worthless with the next OS update. In a truly DRM world, it would become worthless as soon as someone changes one bit on one server somewhere.

      Do you think this is right? I feel it is not. If I paid for an iTunes song, I should be able to do the same things with it as with a physical CD single. Why is converting a song from one format to another for your personal use somehow wrong? What if you want to listen to your iTunes song on a non-Apple player?

    63. Re:A few thoughts by Anonymous Coward · · Score: 0

      The problem with DeCSS is that it was widely used for piracy long before it was used to watch DVDs on Linux. In fact that excuse was rather flimsy considering how DeCSS was released (through warez groups rather than Linux programmers). Needless to say, the judge didn't buy it.

      Playfair is at least an "above the board" OSS project. If people keep their wits about them and don't flood the P2Ps with cracked AAC files, they might have a shot.

      Also, the congressional intent of the DMCA was to protect digital content providers from 3vi1 h8x0rs, so it's unlikely an "interoperability" argument is going to work unless it is backed by a company of some sort.

    64. Re:A few thoughts by TimTheFoolMan · · Score: 2, Insightful

      OK... try rewiring the cable coming into your house to get HBO/Showtime/Whatever. Don't think "theft of service" is going to apply?

      Let's say it cost you several thousand to generate some document that you've got on your hard drive and I hack into the box and get it. Is it now OK because I was smart enough to get it and you weren't smart enough to protect it?

      I'm SICK TO DEATH of people trying to justify stealing material that's clearly protected by copyright, and using arguments like "most of the songs on the CD are trash" or "the artists aren't getting much of the revenue anyway."

      I violate the speed limit on a regular basis, but I'm not about to whine about it when I get caught. At least be mature enough to admit that what you're doing is no different (legally or morally) from stealing tangible goods.

      THEY ARE THE SAME. It denies the victim revenue.

      As I've stated elsewhere, that doesn't mean that piracy is always a bad thing. In the case of AutoDesk, pirated copies of AutoCAD propelled it into the dominant market position much faster than it would have ever arrived there otherwise.

      By the same token, the record companies are being short-sighted if they think that pirated MP3s aren't helping to sell more music. Even so, if you violate the copyright and have stolen (not paid for) the goods that you now possess, you're stealing, even if the person you "stole" from still retains their copy.

      This isn't rocket surgery.

      Tim

    65. Re:A few thoughts by Anonymous Coward · · Score: 0

      "3. Whether or not the DMCA is unconstitutional is irrelevant to the fact that, at least with regard to Sourceforge, Apple used a law in existence in its favor - how can it be faulted for that?"

      Hey, the guy stole a Snickers bar, his third strike, and the District Attorney had him thrown in jail for life. Whether or not that is unconstitutional is irrelevant, the law is in existence. How can the state be faulted for that?

      Hey, those folks got found growing a pot plant, had their children taken away and thrown in jail for 20 years. Whether or not that is unconstitutional is irrelevant, the law is in existence. How can the state be faulted for that?

      Hey, those folks bought devices that could be used as satellite decoders, and DirecTV demanded 6000 dollars for actions that never took place. Whether or not that is unconstitutional is irrelevant, the law is in existence. How can DirecTV be faulted for that?

      For fuck's sake, wake up and don't be such a plebe.

    66. Re:A few thoughts by Anonymous Coward · · Score: 0

      > Read any of the discussions about the music industry from *before* iTunes came along.

      Sorry, there was just about zero pro-DRM discussion on slashdot until the Apple Fans invaded.

    67. Re:A few thoughts by sp67 · · Score: 2, Insightful

      1) Ok, so you're against DRM; then don't ever touch anything DRM'ed, and advocate repealing DRM off the face of the Earth. But taking a DRM'ed piece of IP and violating the licence you got it under won't help the cause and certainly won't make you a better person; it's a licence nobody shoved down your throat, just like the GPL.

      2) Why is it that when you accept some DRM you automatically accept it all? Do you apply this principle to everything you do? Why must everything be black or white? Since I'm in the mood, let's start a It's extremist people like you that make the Hitlers, Stalins and MacCarthys of this world, that trumpet "You're either with us or against us" from some high moral ground and have no respect for moderate people with a third opinion and an understanding of the art of compromise that makes the world a place to live for everyone, not just the righteous
      Ok, now that I got this out of my chest, I in fact admire people like RMS, who turned a principle into a movement that really changed the world, and it did so for better. But I hate to have to deal with people like him, because life is rarely black or white, it's mostly shades of gray and you have to adapt.

      --
      Tuff that Smatters.
    68. Re:A few thoughts by tritone · · Score: 2, Funny

      Apple doesn't have any airforce, unles you count Steve Jobs' Gulfstream. What sort of threat does Apple have? to shut off India's supply of pink iPod minis?

    69. Re:A few thoughts by italiannavigator · · Score: 1

      Hehehehehe....shallow gene pool...hehehehehe

      --
      The Italian navigator has reached the New World and the natives are friendly.
    70. Re:A few thoughts by Rauser · · Score: 1

      So, YOU'RE the guy who bought into minidisc?!? Busted!!!

      --
      The white zone is for loading and unloading only. If you need to load or unload go to the white zone. It's a way of life
    71. Re:A few thoughts by pla · · Score: 4, Insightful

      Not that it stopped me from downloading it. I don't like being told by whatever power that I can't read forbidden text.

      I think that counts as the best possible outcome we can achieve in the current legal climate - That we can download it regardless of legality. Apple wants to squash it, and in trying to do so, have guaranteed it immortality (almost a software equivalent of martyrdom).

      Personally, I downloaded it because of the legality, as I have done with several similar programs (DeCSS, Waste, PadLock, etc) in the past. I don't even have an iPod, nor an iTMS account, nor will I ever (I would rather pay a few bucks more for a physical CD of the music, and keep all my own ripped music as OGGs, not AACs). But because Apple decided to go after them, I grabbed a copy.

      You could call this "petulant" if you wanted, but really, what more can we do? "Civic Duty" advocates might say "vote". Market-focused individuals would say "vote with your dollar". But put simply, neither of those matters, nor does any other action I could take. "The little guy", ie, almost all of us, has absolutely no say in what the government or corporate America does, we can at best try to poke sticks into the chinks in their legal armor.


      I do have to wonder, though - Why has Apple gone after PlayFair, but not VideoLan (which can also remove FairPlay, though taking just a bit more effort)? I do have a theory on that - VideoLan's ability comes directly from "DVD Jon", who already won (in his own country) a very similar precedent-setting case - Namely, over DeCSS. If Apple went after him, his lawyer would just point to his earlier victory and call it a day.

    72. Re:A few thoughts by Anonymous Coward · · Score: 0

      "In my opinion, it's a mixed bag, and people who are going out of their way to circumvent the MINIMAL DRM on iTunes are simply looking for a way to justify immoral/illegal behavior."

      Yeah, like play the music I bought at work finally (can't auth my work PC through the firewall). Clearly immoral/illegal, heh.

    73. Re:A few thoughts by allgood2 · · Score: 2, Interesting

      That's a little like saying your either for privacy or against privacy. DRM or even just RM is not inherently evil. Just like invoking privacy isn't inherently good. While I would love to believe in the intrinsic good of all mankind, the truth is that their will always be people trying to take advantage of other people, whether they be con artists that prey on the elderly and unaware, or spammers, phishers, or criminal hackers.

      There will always be someone who believes that the easiest way to get ahead is to step on the person in front of them. And so long as they exit, there will be the need for laws and rights management software/solution. The careful balance, just as in privacy cases, is weighing whats good, and acceptable for the public at-large, without trampling all over the individual.

      There will be those who reckless, uncaring, and attempting to circumvent the limits of law, then hide behind their right to privacy (see comments on Automobile Blackbox), but there is no right to do what you want without regard. You have the right to be who you are, and do what you want within the limits of the law.

      I don't agree with most DRM, as its being used to limited rights of ownership, but I can no more say that I'm against DRM then I can say I'm against using a password to protect my computer from curious eyes. So yes, I agree with Apple's DRM, it gives me many rights of ownership, while preventing my casual disregard of copyright holders.

      Sure, there are components I'd change about it, like being able to authorize 5 computers instead of 3; or an advanced option that allowed you to convert to MP3 without going to CD (I'd find this acceptable even if it drastically reduce sound quality (say to 96kbps), because sometimes I just want someone to hear a song, without burning them a CD, or streaming, etc.).

      But otherwise I find Apple's DRM unintrusive, and very fair. And when I am being casual in my disregard of copyright, it quietly reminds me, but still allows me to options to perform the task I was trying to do, in other more legal ways.

      This doesn't mean I'm all for ALL DRM, because just like legal encroachment on privacy is a slippery slope, so is DRM. There are bullies on the playground--whether at work, school, or often even at home. I don't trust most corporations to ever even consider what is right and fair to its customers, since its often counter-intutive to making a quick profit. That said, there are those corporations that do care or at least try to care. I'd place Apple and Google as two of a few.

      But the counter argument is do I trust that people will do what is right to support artist. And I'm sorry to say, I can't say I do. There are a great many of us who will, but the ones of us who won't will undoubtable depreciate the revenue generated by those of us who would greatly. So until then, just like I activate my password, when I want to say "don't casually use my computer", and light weight DRM is appropriate for stopping misuse of music and other files.

    74. Re:A few thoughts by thenextpresident · · Score: 1

      "You no doubt would love to protect your own rights to things you have of value (you do lock up your valuables... right?)."

      I no doubt would love to protect my own rights to things I have? Of course! That's the whole point. I have certain rights under Copyright law that allow me to do things Apple's DRM prevents me from doing.

      Are you suggesting that if an EULA for a product you use says that you give up your freedom of speech, you will therefore give it up? Hey, if you enjoy handing over your rights, by all means, I now understand where you are coming from.

      "In my opinion, it's a mixed bag, and people who are going out of their way to circumvent the MINIMAL DRM on iTunes are simply looking for a way to justify immoral/illegal behavior."

      So, let me get this straight. People who are working to uphold their rights guaranteed by US law are being immoral and committing illegal acts?

      Land of the free, indeed!

      --
      Jason Lotito
    75. Re:A few thoughts by rendler · · Score: 4, Insightful

      Nice, except you're missing the whole point of people being able to already download the same songs somewhere else in MP3 format. All unencrypted, and quality as good (or near as to be indistinguishable by most people) ... and get this, FOR FREE. But guess what? The people who are actually using Playfair aren't doing this. They're using it to remove DRM from files which they've paid for. And what use would it be for someone who wants it for free to go through the process of decrypting DRM'ed AAC files when they can get the same files quicker and easier somewhere else. Then even if the people who have removed the DRM were to share those files who would want them? Seriously who would want AAC music files that plays on how many portable players? How many PC media players? Not many.

      --

      *shrug*
    76. Re:A few thoughts by Anonymous Coward · · Score: 0

      Violating a EULA is unethical? In this unfair, miserable world, that's one of the last ethics I'll bother myself with, thanks.

      Why don't we see all those "ethical" Mac users stomping their feet about the bazillion warez copies of Photoshop out there? Why is this such a hotbutton issue compared to any other run-of-the-mill software crack?

    77. Re:A few thoughts by cmdr_beeftaco · · Score: 1

      Evil-do'ers all of them.

    78. Re:A few thoughts by ryanwright · · Score: 4, Insightful

      Some kid breaks the DRM mechanism, and everyone jumps to his defence, because all they really want is FREE (gratis) music.

      This has nothing to do with getting free music. All of the songs available on iTunes are freely available anywhere else on the Internet. Nobody is breaking iTunes' DRM for the purpose of "stealing": You have to pay for the song before you even get the chance to break the DRM.

      No, the reason it's been broken, and the reason I am applauding their efforts to continue to do so, is because Fairplay isn't fair for me. I can't listen to it on portable MP3 players other than iPod. I can't put the files on my server and freely play them from any computer. I can't play them from standalone hardware players. I can't burn a hundred of them to a CD in data format and pop that disc in my in-car MP3 player.

      These are for legally purchased songs that I own, and I should be able to do what I please with them. Playfair solves this.

      --
      -Ryan, with the unoriginal sig
    79. Re:A few thoughts by TimTheFoolMan · · Score: 1

      No, I'm saying that IN THIS CASE, it's both illegal and morally wrong. DRM may be flawed and imperfect, but the fact remains that if you downloaded music and accepted the terms of the agreement, then you are accepting the moral (and possibly legal, but that's not been determined--see elsewhere in this thread) terms of using the material. I may (or may not) feel that abortion is wrong, but it's most certainly legal.

      Back to iTunes/DRM.

      As other have stated MANY times, it's very easy to move these songs to a CD and completely eliminate the DRM encoding--without using anything but iTunes! Doing so is WELL WITHIN the bounds of the terms of the agreement, and I've done it with several songs/albums.

      Tim

    80. Re:A few thoughts by black+mariah · · Score: 0, Troll

      This is a bullshit argument as well. Theft of services is still theft, yet nobody misses any PHYSICAL goods. "It's not theft, it's just an IP violation." is the dumbest goddamned thing I've ever fucking read. It's still illegal. Get the fuck over it.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    81. Re:A few thoughts by Anonymous Coward · · Score: 0

      Man, the contortions the Macinistas will go through to avoid the obvious...!

    82. Re:A few thoughts by allgood2 · · Score: 1
      I'm so SICK TO DEATH of people comparing IP "piracy" with theft of physical goods. THEY ARE NOT THE SAME.
      If I break into your home, and steal your TV, you are out a TV. If I use a special HU Card or what-have-you to "steal" satalite TV, strangely enough, your satelite TV still works.


      Funny. If I use your credit card, your credit card strangely still works for you, and if I was nice, you may even have some of your credit line left to purchase some of your own items. So I guess its not theft, since, I didn't actually take your wallet. Your copy of your credit card works, my copy of your credit card works, we're both happy. RIGHT?

      Yeah, didn't think so.
    83. Re:A few thoughts by thenextpresident · · Score: 1

      "So yes, I agree with Apple's DRM, it gives me many rights of ownership, while preventing my casual disregard of copyright holders."

      You may a sound argument (and it will probably get missed by moderators, but that's something else entirely). However, I must argue against this. Apple's DRM doesn't give you ANY rights. It only takes away your rights. Copyright law and Fair Use gives you certain rights. When DRM technology takes this away, even a little bit, it's wrong.

      I have seen what limits Apple's DRM has, and yes, for the casual user, they don't notice it. But it still has limits. And then, when do those limits become a problem?

      Usually it's not a problem until it's too late, and then you are stuck. What you are talking about is taking the lesser of two evils.

      It's still evil, though.

      --
      Jason Lotito
    84. Re:A few thoughts by Anonymous Coward · · Score: 0

      If enough people steal satellite TV, they no longer make a profit, go out of business, and then nobody has the option. Sounds like stealing to me.

    85. Re:A few thoughts by Hell+O'World · · Score: 1

      You have a strange way of backing up your arguments with data that proves the opposite.
      Your thesis:

      "It denies the victim revenue."

      Your supporting arguments:

      In the case of AutoDesk, pirated copies of AutoCAD propelled it into the dominant market position much faster than it would have ever arrived there otherwise.

      By the same token, the record companies are being short-sighted if they think that pirated MP3s aren't helping to sell more music.


    86. Re:A few thoughts by black+mariah · · Score: 1

      It's the EXACT same thing and arguing otherwise is simply being a pedantic tit. Licenses are licenses. You use GPL code, you are bound by the license. You use iTunes, you are bound by the license.

      It would be the 'Same deal as GPL violators' if someone set up their own webshop, copied and sold iTMS content.

      Oh, so as long as I'm just doing large-scale copying for FREE, then it's okay? Bullshit. An IP violation is an IP violation, whether it's making copies of DVD's and distributing them via P2P, duplicating them and selling them through eBay, or putting GPL code into a router without distributing the source. It's EXACT SAME THING. Get the fuck over it.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    87. Re:A few thoughts by Anonymous Coward · · Score: 0

      " Gaaahhhh..

      I'm so SICK TO DEATH of people comparing IP "piracy" with theft of physical goods.

      THEY ARE NOT THE SAME.
      "

      So if you go into a barber shop, get a haircut, and walk out without paying, by your arguement, you're not stealing, since they didn't lose anything. In fact, they're gaining some of your cut hair that's on the floor.

    88. Re:A few thoughts by aminorex · · Score: 1

      Bullshit. Have you done hard time for civil disobedience actions? I have. And I appreciate with great thanks all those who joined me in disobedience, but did so quietly, without great sacrifice. In many ways their moral courage is greater than my own.

      The whole point of peaceful civil disobedience is that disobedience to an unjust law is a defense of its innocent victims. I want EVERYONE to disobey the diktats of hell, not just those who are willing to lay down their lives. It's not about how Ghandi-like you can posture. It's about stopping the injustice.

      --
      -I like my women like I like my tea: green-
    89. Re:A few thoughts by Deraj+DeZine · · Score: 1

      Yes, yes I would. By pirating and stealing from the big companies, you're ignoring the smaller/independent products out there.

      --
      True story.
    90. Re:A few thoughts by MJOverkill · · Score: 1

      Not only that, but Apple is threatening them under U.S. law. I don't know if the state of U.S.-India relations allows for the enforcement of more recent U.S. copyright laws in India, but I seriously doubt it

      Would apple even be able to enforce this, and does a U.S. court even have duristiction?

    91. Re:A few thoughts by aminorex · · Score: 2, Insightful

      A perverse and irrelevant analogy is always a
      powerful rhetorical device for deluding your readers, so, congratulations.

      There is NO USEFUL ANALOGY between the use of physical locks and the use of DRM in iTunes.
      The purpose of DRM is to rob the public domain
      for personal gain. The purpose of a padlock is
      to protect personal property from public depredations. They are OPPOSITES.

      --
      -I like my women like I like my tea: green-
    92. Re:A few thoughts by EatAtJoes · · Score: 1
      At least be mature enough to admit that what you're doing is no different (legally or morally) from stealing tangible goods.


      Wrong, both legally and morally.


      Legally: the parent got you. The circumstances, method, effects, and laws are utterly different. I guess you need it spelled out:

      circumstances: theft being at least clandestine and usually dangerous; pirating trivial and easy to accomplish with zero negative impact

      method: B&E vs. downloading, nuff said.

      effects: if we take your argument (which i don't, see below) that the "victim" is denied revenue, royalties are still absolutely NOT possession.

      laws: criminal theft versus copyright laws.
      Now that we've gotten that out of the way, you can drop your precious moral argument too. Simply put, even property itself CAN be seen as theft. I'm a musician who'd love to get rich on royalties, believe me. but that doesn't mean I have a god-given RIGHT to them. music will ALWAYS exist independent of whatever social concepts of contracts and exchange dictate. Equating something as mundane as that with morality is philosophically and spiritually incorrect -- and annoying. Morality itself is a sickly Christian concept, just ask Nietszche. Music is far cooler.

    93. Re:A few thoughts by pyros · · Score: 1

      I wasn't advocating the precedent or the law. I was just pointing out the parent's misconception that by providing source instead of binaries there would be not legal problems.

    94. Re:A few thoughts by TimTheFoolMan · · Score: 1

      What's strange about this? The fact is, violation of copyright denies the victim revenue. It is illegal.

      Also a fact (based on my recollection of the timing of AutoCAD's move to market dominance and the recent analysis of the impact of P2P networks on CD sales), piracy can be good for a product's overall market position.

      In short, just because something is illegal or immoral, doesn't mean it's bad for business. For more evidence of this, look at the recent analysis of MS.

      Tim

    95. Re:A few thoughts by ryanwright · · Score: 1

      people who are going out of their way to circumvent the MINIMAL DRM on iTunes are simply looking for a way to justify immoral/illegal behavior.

      Will you quit with the accusations already? It's getting really old listening to you people carry on and on about "immoral/illegal behavior."

      Let me give it to you straight, pal: I have the right, as a consumer, to listen to my music anywhere I damn well please. That means non-Apple MP3 players, of which I have many. If exercising that right means breaking someone's DRM, so be it.

      Get off your high horse. The fact that you're willing to bend over and take your DRM like a man doesn't mean you are better than the rest of us, nor does it make us thieves.

      --
      -Ryan, with the unoriginal sig
    96. Re:A few thoughts by aminorex · · Score: 3, Funny

      Your failure to choke on a chicken bone is depriving me of my revenue stream as an EMT.

      --
      -I like my women like I like my tea: green-
    97. Re:A few thoughts by 1u3hr · · Score: 3, Informative
      Not only that, but Apple is threatening them under U.S. law.

      The laws cited are Indian. (If it were US, they'd be talking DMCA.)

    98. Re:A few thoughts by aminorex · · Score: 1

      Violating EULAs is an ethical imperative.

      Doing it on camera is a business model.

      --
      -I like my women like I like my tea: green-
    99. Re:A few thoughts by black+mariah · · Score: 3, Insightful
      3. The heart of the issue. Legally Apple is 100% right here but ethically I believe they are lacking, just because it is law does not make it ethical (Jim Crow laws for example).
      First of all, thank you for not being a moron. The amount of people that bring this up as a 'moral' issue pisses me off. Morals and ethics are completely different things, although they may appear the same to some degree.

      Now I get to tell you you're dead wrong. ;-) Apple is being COMPLTELY ethical. They have a deal to uphold with major music distributors. They seriously don't give a shit about a bunch of geeks running around proclaiming 'civil disobediance' by not paying for a $1 song. Their main goal is to KEEP THE DEALS WITH THE RECORD COMPANIES. While what they're doing may not be in the best interest of J. Random Hacker, it IS in the best interest of EVERYONE ELSE IN THE KNOWN UNIVERSE. People like me don't care about DRM. If it leads to lower prices ($1 per song? Sold.), I DON'T CARE. Apple is running in the right direction, and everyone should be encouraging them. Paranoid tinfoil lovers aside, if DRM ever gets to the point that people don't like it... THEY'LL STOP BUYING IT. The general public will only put up with so much bullshit, and people are not as stupid as slashdotters seem to think.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    100. Re:A few thoughts by black+mariah · · Score: 1

      Wow, this discussion gets more unbefuckinglieveably moronic the farther down I read. Please, tell me, exactly how are your fair use rights being violated? Fair use makes no provisions for how many computers or CD players you can use something on. It makes no provisions for you even being able to use something. Fair use is intended to allow excerpts from books to be used in reviews, for bits from songs to be used in teaching, and things of that nature. It's not so a bunch of goddamned geek-ass bastards can sit around and jack off over how many GB's of mp3's they've DL'd this month.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    101. Re:A few thoughts by Theodrake · · Score: 1

      Please tell me where I can buy a song for $0.99 and play in on my Linux box or burn it on a CD and play in my car.

    102. Re:A few thoughts by nehril · · Score: 4, Insightful

      (bear with me for a moment here) My computer/car/walkman don't play 8-Track tapes. Knowing this limitation of the 8-Track Tape format, I don't buy any 8-Tracks, at any price. I don't fault the manufacturers of 8 Track tapes or units for this.

      So, if you know that iTMS downloads don't meet your needs and are not compatible with whatever mp3 player you want, why did you buy anything from iTMS?

      The restrictions and usefulness of what you get for 99 cents are clearly and unambiguously disclosed before purchase. The terms are good enough for a great many people. There's really no need for PlayFair.

    103. Re:A few thoughts by machead526 · · Score: 1
      Well, the letter itself says why:

      the PlayFair program is against the express provisions of our Information Technology Act, 2000 and the Copyright Act, 1957 and you are equally liable as accessories, being the means through which the offending program is available for download at the Sarovar site at the following URL: http://sarovar.org/projects/playfair/.

      I'm no expert in Indian copyright law; I don't know whether the laws cited are the Indian versions of the DMCA, or whether there is in fact accessory liability as Apple's lawyer seems to claim.

      But the fact is, as the original poster stated, that the iTunes music store wouldn't exist if Apple didn't have the ability to act against programs like PlayFair. And it will cease existing if Apple doesn't continue to be aggressive in this regard.

      Apple's certainly not entirely innocent -- why, e.g., is there no iTunes player for my Palm? (A: because then Apple would sell fewer iPods.) But the solution to this sort of problem isn't to just allow cracks of Apple's DRM to float around. That'll just mean the end of online music, and the beginning of widespread copy-protected CDs.

    104. Re:A few thoughts by Anonymous Coward · · Score: 0

      When Apple spends tens of millions of dollars on lawyers to stifle "playfair", threatens to sue every user of every music service (not just iTMS), and then actually does sue several large companies, then that analogy is apt.

      Until then, they are just running the SOP for any business whose product is being used in a manner which was not intended and may go against their licensing agreement with THEIR provider (RIAA).

    105. Re:A few thoughts by DoomHaven · · Score: 1

      No, that's not a correct analogy.

      You see, the funny thing about money is that -- unlike data -- it actually has a physical *analogue*. That is, by stealing my CC information, you are stealing my physical money in a direct proxy. There is a one-to-one provable correlation there. There is *no* provable one-to-one correlation between stealing data/service and stealing money. Arguably, enough evidence points that file-sharing has indirect economical benefits, such as increasing market penetration/share and free advertising (including word of mouth).

      As well, by using my credit card with my permission, you are committing fraud because you are alleging to be me in the action of using my credit card. If I listen to MP3s ripped from my friends' CDs or downloaded from the 'net, I am not committing fraud.

      --
      "Don't mind me cutting myself on Occam's Razor"
    106. Re:A few thoughts by xjerky · · Score: 1


      Er....for the latter, you can easily do this in iTunes, for the former, you already knew that iTunes files will not play on Linux before you even bought them, so why did you buy them in the first place?

      --
      A sentence you'll never see on an Internet discussion board: "You know what? You're right."
    107. Re:A few thoughts by Short+Circuit · · Score: 1

      I can throw my bulk at a small person, and they'll typically get out of my way, just so they don't get knocked down. So it sounds like "throwing their weight around" to me.

      That said, I don't see the point of PlayFair, so long you can burn the data to a CD, then rip the CD. The only reason I'd use PlayFair is so I could avoid the time and cost of burning a CD (even on RW media), and avoid the re-encoding quality costs. (which are negligible for someone like me.)

    108. Re:A few thoughts by mcg1969 · · Score: 1
      I can't listen to it on portable MP3 players other than iPod. I can't put the files on my server and freely play them from any computer. I can't play them from standalone hardware players. I can't burn a hundred of them to a CD in data format and pop that disc in my in-car MP3 player.

      You've got bigger problems than FairPlay. Apple's music in AAC encoded, meaning you'll have to transcode them to MP3. As heavily compressed as they already are you ought not bother. Find yourself an MP3-based service if that's really what you want to do. Then at least all you'll have to do is crack their DRM.

    109. Re:A few thoughts by localman · · Score: 1

      Disclaimer: Your points don't seem very convincing to me.

      1. If the online stores didn't exist, then people would just get what they want via P2P. It's the industry's own fault they are relying on DRM to save them. They should compete on service, not artificial obstructions.

      2. Same thing: if Apple didn't put it up, so what. People can already get music for free. The label's delusions don't change that. I applaud Apple for trying, but they're still competing with free unencumbered tracks. Service is their only niche, and could win them the market if they dropped DRM. People don't like artificial restrictions.

      3. Apple's hand is forced by the labels, but that's their own problem for shaking hands with the devil. Just because it's legal doesn't make it smart or acceptable. I can legally walk through Compton shouting the N word, too.

      4. Okay, fair enough.

      5. Hey, I can buy what I like, no? As far as I'm concerned they shouldn't be selling goods that they want to maintain control over. They should hide the music away in a vault and keep it safe. But seriously: why are you so happy to support the concept of lisencing goods? It's a shitty idea and I don't care if some companies want it to become the norm. The first thing I did with all my iTunes music was to rerip it. Now I can do the same thing without wasting a blank CD and ten minutes. I'm more likely to buy now. Seriously.

      Oh, and I don't think I'm engaging in civil disobedience. I'm just doing what I want and can justify as harmless. Sure, I'll donate to the cause and vote, but in the meantime I don't claim I'm changing the world, just using it as is convenient and harmless.

      Programs like PlayFair are just signs of _reality_.

      It astounds me how we look at the music industry as these all-powerful lords who we beg to bestow upon us the gift of music. Give me a break.

      1. The labels have no choice long term but to offer a product that their customers want at a price the customers are willing to pay. I

      Yes: if people stop buying CD's because they want to purchase music online, and DRM is continuously cracked or shunned in the marketplace, then the labels will be _forced_ to offer unecumbered tracks. They are subserviant to us, not the other way around. A corporation exists to please it's customers. People do not exists to feed corporations. We came first, remember?

      If they continue to dick around with this, an entire generation will be raised who see music as something you download off P2P for free. Then they will be truly screwed. If they act fast, they could theoretically keep the idea of paying for music: i.e. you pay 99 cents for an "official" copy, easy searching, fast download, guaranteed quality, etc. I pay for that. And now that I can strip the DRM I've got no more reservations. I'll buy all my music via iTunes now.

      Cheers.

    110. Re:A few thoughts by cyways · · Score: 2, Informative

      I can't listen to it on portable MP3 players other than iPod. I can't put the files on my server and freely play them from any computer. I can't play them from standalone hardware players. I can't burn a hundred of them to a CD in data format and pop that disc in my in-car MP3 player.

      I don't own an iPod, but I'm pretty sure it has a headphone jack. Doesn't your computer have a compatible audio input jack? If not, go buy the appropriate cable.

      In other words, if you want to make copy, just do what people did for decades -- dub it.

    111. Re:A few thoughts by forrestt · · Score: 1

      http://www.epitonic.com

    112. Re:A few thoughts by mcg1969 · · Score: 1

      Oh, and I might add: there is already a way to do all the things you want to do with your iTunes music: just burn them uncompressed to a CR-RW, then re-rip and re-encode them to MP3. That could be argued as a reason there's nothing wrong with Fairplay, since it just makes something easier to do that you already can do. But I just wanted to point it out for informational purposes---you are not currently prevented from doing the things you've listed.

    113. Re:A few thoughts by Short+Circuit · · Score: 1

      PlayFair is needed to allow us to use the protected work in hardware that does not support the FairPlay encryption scheme. While I might not bet my life on that, it at least is a good place to start in challenging this (as well as in the case for DVD's).

      In that case, shouldn't the issue focus on the license agreement that's signed when someone signs up for iTMS?

    114. Re:A few thoughts by HTH+NE1 · · Score: 1

      Cut off Apple's share of India's outsource jobs.

      Assuming that Apple outsources to India of course. I'd be glad to be wrong.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    115. Re:A few thoughts by Anonymous Coward · · Score: 0

      > There is precedent for /. to be sued for leaving your comment in this discussion, based
      > on the DMCA.

      So host it in a free country. Anyway, a legal attack on Slashdot will just result in *loads* of publicity, not least here, and many hundreds more mirrors.

    116. Re:A few thoughts by Anonymous Coward · · Score: 0

      "I'm SICK TO DEATH of people trying to justify stealing material that's clearly protected by copyright"

      When copyrights expire after 24 years, we'll stop "stealing". Until then, everytime Disney, or Elvis's daughter gets money from old songs and movies, they're stealing from all of society, because not only do I have to pay to watch this crap, I have to pay the FBI to enforce their right to make money.

      What a vicious cycle you promote.

      I say the people who download from Kazaa are doing us all a favor because they're forcing everybody to recognize the joke of large media control and how its crushing everything in sight.

      You keep on arguing about morality, and the record companies don't give a crap about morality, they only care about money. Morality is for the preacher on sunday morning.

      So copy any music you can get your hands on. Copy it, give it to your friends. Make the record companies squeak. They are as evil as evil gets, and if they go out of business.... GOOD. That's exactly what I'm hoping for. And hey, if Brittany only gets $50M instead of $52M because of piracy. GOOD!

      Life will go on. Probably be better.

    117. Re:A few thoughts by AstroDrabb · · Score: 3, Insightful
      What crap! Have you seen the numbers from Apple on the millions of songs they have sold? How is that just talk? Also, PlayFair is about an owner who doesn't want DRM. They have that right. PlayFair only works for songs you have purchased!!!! Again, where is there anything wrong with this? Without PlayFair, a user can still burn their iTMS songs to a CD and then rip those to non-DRMed audio files. So how is PlayFair allowing a user to do anything more then what Apple already allows a user to do? Once a song is sold, it belongs to the purchaser. Granted, the purchaser is still not allowed to distribute that song, however, they may do what they want with their copy. Apples own DRM allows the DRM crap to be removed just as easily as PlayFair does, so why is Apple's method OK? I guess just because it is from Apple?

      A copyright holder has rights over distribution. They have no rights on usage and monitoring after they sell a copyrighted work. What right does Apple or the RIAA/MPAA have to control how you use their copyrighted work? They have none.

      I personally have never used iTMS (or any other music store) and never will until DRM is removed (which may never happen). I cannot understand how people don't care about these companies telling them how they can use a product after they make a purchase. Do people put up with this for other industries? Would you buy a car from Ford that only allowed one person at a time and had security devices to try to enforce that rule? What if Ford sold a car that would only work on Sundays? Would you put up with that? I don't think most people would. Yet, they bend over for software and media companies and let their fair use right be stripped away. Now some end-user is fighting to keep their fair use rights and you call them a theif? How stupid of you.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    118. Re:A few thoughts by allgood2 · · Score: 1

      You are correct in that it doesn't actually give me any rights, my bad. But not so correct in stating it takes my rights away. What it does do is take away my perception of what is my right. If I purchased a CD and made a hundred copies of it for my friends, I could perceive that to be my right, and obviously nothing there to stop me but my own morals, or often even more so than morals, that little nudge that tells you just because you can do something doesn't mean you should.

      There have always been legal limitations of what we could do with music, books, and other copyrighted media. What's more and more at issue, is often no one knew or cared what those limitations were; and even if we did, they weren't really enforceable. DRM now gives copyright holders (which is unfortunately more often than not corporations), the ability to enforce copyright limitations. This is a dual edge sword, because while its not necessarily bad for you and I, we can equally argue, it not good for us either.

      With the exception of the three computer limitation, Apple's DRM essentially follows what rights were provided under Copyright law. I believe the 3 computer limit is one of those unclear legal items. No one has specifically said, how many digital copies you can make of a purchased item for your own use. Its somewhat undefined. My guess is three seems reasonable at first shake, until you think wow, I have five computers, or when you look at families. Hell even Apple's Mac OS X Panther Family pack license covers five machine.

      I remember when instructors thought it was fine to copy material from any book so long as it was for educational purposes. Turns out it was not. And much bellyaching ensued.

      Just because the police won't arrest me for making 100 copies of CD for distribution to my friends, doesn't mean that the copyright holder couldn't charge me (if they could find out somehow). So basically the limits of what you can do are established (they are not totally clear, but they definitely aren't as inclusive and expansive as most people state they are.

      I don't have the right to do anything I want to with a purchased CD. I can't copy it indiscriminately, I can't share it exhaustively with random strangers or friends. I can use songs of it to make mixed tapes or CDs, I can make legal backups, I can convert it to MP3, but I still can't share those MP3 files indiscriminately or exhaustively. I can sell it. I can destroy it or I can throw it away. Oh yeah, and I can use it as a base to create my own music or art.

      Apple's DRM allows you all that. I can sell my music, though its not worth the money gains, unless I sell a large portion of my collection to one person. I can destroy my music files. I can throw them out. I can make legal backups (and am encouraged to do so). I can burn CDs and give them to friends. I can make mixed tapes and CDs. I can convert the media to MP3s. And I can even store multiple active copies of the file (up to 3 on computers), and any number I like on my iPod, my friends iPod, extra. (Of course there are legal limits here as well).

      So what rights have Apple's DRM taken away? It may have solidified issues limitations you use to ignore, but for the most part, the rights are the same, its your compliance that's being assured.

    119. Re:A few thoughts by Brian+Blessed · · Score: 1

      > Are you suggesting ... that it's now perfectly OK for me to come by when you're not home, pick the lock, and take what doesn't belong to me?

      No he wasn't. Please re-examine his post. He did not say he thought copyright infringement was okay.

      Anti DRM != Pro Copyright Infringement

      - Brian.

    120. Re:A few thoughts by deaddrunk · · Score: 1

      If only I had mod points.....

      --
      Does a Christian soccer team even need a goalkeeper?
    121. Re:A few thoughts by NoMoreNicksLeft · · Score: 1

      Better idea: Metanet

    122. Re:A few thoughts by Anonymous Coward · · Score: 0

      So here is what I say: buy CDs or don't buy music at all.
      I only listen to vinyl... insensitive clod!

    123. Re:A few thoughts by AstroDrabb · · Score: 2, Insightful
      "IP" rights? Since when did "IP" rights extend to an end-user after purchase? Apple has no right to tell an end-user who legally purchases a song from their store how and where they can listen to that song. That has nothing to do with "IP" rights and everything to do with control. This application only works for songs that are legally purchased. It also does not allow any more use then Apple's own DRM. With a song from iTMS, you can burn it to a music CD and then rip it DRM-free. PlayFair does the same thing except for require the user to burn an CD. So how is Apple's method OK and PlayFair's method "stealing" or "piracy"?

      Also, how in the world can you compare the GPL to this crap? The GPL is about giving end-users MORE rights then standard copyright laws allow. Apple's DRM is about taking away rights that standard copyright laws and Fair Use laws allow. There is no comparision.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    124. Re:A few thoughts by Anonymous Coward · · Score: 0

      Are you suggesting that because I have a moral problem with the idea of things being locked up, and found a site that allows me to successfully pick any MasterLock, that it's now perfectly OK for me to come by when you're not home, pick the lock, and take what doesn't belong to me?

      No, the argument is that when DRM is used to prevent you from accessing your OWN valuables, it is wrong. The analogy would then be: If I came home and saw that someone slapped a lock on my house, to which I did not hold a key, It would be acceptable for me to use tools to destroy that lock.

    125. Re:A few thoughts by BasilBrush · · Score: 1

      DMCA says it's not legal in the US. The equivalent European legislation says it's not legal there either. That excludes the vast majority of the Slashdot readership. It's hard to say it's not wrong in any way when it's wrong in the legal way.

    126. Re:A few thoughts by Anonymous Coward · · Score: 0

      What is the difference :

      You buy a song and remove the DRM (You don't share it whit kazaa like)

      OR

      You break in to my house and steal something???

    127. Re:A few thoughts by Laur · · Score: 1
      Wow, this discussion gets more unbefuckinglieveably moronic the farther down I read.

      Since your post is farther down than mine, I am forced to agree with you. ;)

      Please, tell me, exactly how are your fair use rights being violated?

      Please, tell me, exactly where did I say that? I said that the removal of DRM ensures your fair use rights. Are you arguing that this is not the case? Besides, fair use is very broadly described. Traditionally the courts have taken a very liberal view of fair use for non-commercial or personal uses, however this is changing. Are you also arguing that playing a digital music file you purchased on an unsupported platform (Linux) does not fall under fair use?

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    128. Re:A few thoughts by Anonymous Coward · · Score: 0

      But the terms of service YOU agree to when YOU buy mussic for the iTMS says so don't have any rights to play the music on any system that fair play doesn't support... so basically you agree that you have no intentions of TRYING to or THINKING of playing the music one unsupported hardware... if you planned on it then its your fault for not reading/understanding wshat you agreed to.

    129. Re:A few thoughts by BasilBrush · · Score: 1

      "Stop breaking the DMCA with regard to our IP otherwise we'll sue you." It's hardly an unreasonable threat. If you don't like being threatened to be taken to court, don't break the law.

    130. Re:A few thoughts by Anonymous Coward · · Score: 0

      Hey -- I invented a "Playfair" for 8-Track Tapes. It's called a pair of RCA cables.

    131. Re:A few thoughts by BasilBrush · · Score: 1

      There's a difference. SCO don't have a case.

    132. Re:A few thoughts by Anonymous Coward · · Score: 0

      The jealousy and hate has to stop somewhere.

      Jealousy.

      Hate.

      J e a l o u $ y .

    133. Re:A few thoughts by AstroDrabb · · Score: 4, Insightful
      DO you even know what PlayFair does? It does not "crack" Apple's DRM. It still requires you to purchase the song and then it will strip the DRM using valid keys. This is no different then what is allowed by Apple's DRM now. You can purchase a song and burn a music CD and then rip the CD to a non-DRMed format. Why should an end-user who paid for a song have to go through the process of burning and ripping to get thier non-DRMed song when they can use this program? I know, because Apple doesn't what any end user to shift the format from AAC to say MP3. That would allow an end-user to actually exercise choice and purchase a portable music player other then Apple's iPOD.

      One other thing I just thought of. Why is Apple the one going after this program? They are not the ones who wrote the FairPlay DRM. Do they even own the copyrights? It would be kinda funny if they have no legal right to enforce the copyrights.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    134. Re:A few thoughts by log0n · · Score: 1

      Except that PlayFair violates/bypasses/decrypts (whatever) an encryption system and doing so *IS ILLEGAL* by way of DMCA et al.. (ethical arguments aside, this is what the law says).

      so I ask again, how is FairPlay legal?

    135. Re:A few thoughts by Anonymous Coward · · Score: 0

      well... you do have to have a license, emissions test and insurance in my state to drive a Ford.

    136. Re:A few thoughts by neurokal · · Score: 1

      what other 'controversial' apps are there?

      a list would be nice...

      decss, waste, playfair, ...?

    137. Re:A few thoughts by Anonymous Coward · · Score: 0

      Which reminds me... playfair is
      ed2k://|file|playfair-CVS-20040405.tar.bz2|329 521| 818F42BAFB15DD7FD2CD60235F82F543|/

    138. Re:A few thoughts by Anonymous Coward · · Score: 0

      Son, go kill yourself. Saying things like that proves your life has no meaning. You are a fucking retard.

    139. Re:A few thoughts by Brian+Blessed · · Score: 2, Insightful

      > So anyone using PlayFair to overcome the DRMs is essentially in breach of contract.

      So what? I have no contract with Apple because I haven't used the iTMS. I also am not infringing the copyrights on any of their content.

      I simply do not want to see companies deciding whether particular pieces of software (not their's) can be distributed.

      I can't believe the number of sanctimonious comments around here that suggest that the existance of this program is wrong. Why is it? (given that, as the same people point out, the DRM doesn't stop potential infringments anyway).

      - Brian.

    140. Re:A few thoughts by log0n · · Score: 1

      Oh, I realize that this is taking place in India, I assumed that the message I posted to had a US-centric POV as the parent that it was responding to was most definitely US-centric. Any unintended confusion, apologies for that..

    141. Re:A few thoughts by Anonymous Coward · · Score: 0

      Curiously enough Apple computers are architected in such a way that intercepting audio streams between the player/DRM and the audio hardware is relatively easy. (Even if could do this then you could always plug a recoder into the phone jack.) So pulling music off an Apple in whatever format you want is not much of a technical challenge.

      I'm not sure I'd want to do it, though.

      Since these compression formats are "lossy" they don't take to being ripped and re-encoded -- they might sound sort-of-OK on a computer or personal player but they sound awful on high quality equipment. So I might rip a track to hear it but if I want it for real I'll buy the CD, assuming that its available. (Not all music is "in print" or even published.)

      The RIAA has really missed the boat on this. They make so much legalistic noise, they come up with all these fanciful -- and futile -- DRM schemes but really the answer to their problem was right in front of their noses. Its only economic to serve compressed files, so if they allow people to share files with a limited maximum bit rate they'd have the exposure needed to publicise their product while giving people an incentive to buy the real thing. Sites like iTunes may already be doing this by accident -- you get a compressed tune for 99c, hardly a bank-breaker, but still no match for an authentic 'clear' track.

    142. Re:A few thoughts by BasilBrush · · Score: 1

      Making DRM capable of allowing a song to be played on three computers rather than just one is technically harder, not easier. That is one of the ways in which iTMS is less restrictive than some other services.

    143. Re:A few thoughts by Anonymous Coward · · Score: 0
      If things were different it was the Microsoft Music Store and you could download songs with the same exact DRM policy as what iTunes has now, would you still have a problem if someone released a program such as this?

      First, I don't think Microsoft is capable of even thinking about using the same DRM policy as Apple.

      Second, Apple seems to have tried to use the least amount of DRM acceptable to the RIAA members. They seem to implicitly be saying, "ok guys, let's play fair". *cough* (Honestly, I didn't know it was going to come out like that.)

      Third, I think any Microsoft DRM solution is going try to tie-up their music six ways from Sunday.

      I don't know how you may square it with your personal moral code, but there is/will-be a qualitative difference between Apple's and Microsoft's DRM solutions.

    144. Re:A few thoughts by Anonymous Coward · · Score: 0

      Maybe Apple will just remotely disable all of your "insecure" iTunes content. Then we will see what you folks REALLY think about FairPlay.

    145. Re:A few thoughts by Anonymous Coward · · Score: 0

      STOP COMPARING THIS TO MLK AND THE CIVIL RIGHTS MOVEMENT!

      Baloney. DRM is EXTREMELY damaging to our culture's heritage. If the pigopolists win and "everything" is successfully locked down, then we as a people lose big time in the following ways:

      1) At least one part of the DRM chain goes defunct - be it the publisher, the hardware maker, the software maker, the "key issuer" or whatever. 20-50 years down the line nobody can unlock the content anymore so it becomes as if it never existed in the first place. Part of our history as a people is GONE. Maybe 100 years down the line, EVERYTHING that was locked up is now inaccessible because of the lost of one or more parts of the DRM chain. Imagine if our history ended 100 years ago? That the only record was oral and maybe some people's personal writings/recordings. If you care enough about the civil rights movement, then the devastating impact of having your history stolen from you should be obvious.

      2) Along with losing our history, we lose that fertile source of ideas and inspiration known as the public domain. Nothing, and I mean NOTHING created today is purely original, we all stand on the shoulders, big and small, of those who created before us. With DRM as the tool that prevents the growth of the public domain, we end up allowing the corporate interests to turn our culture into the lowest common denominator possible - whatever pab offends the least and sells the most to the masses. That's not a culture I want my children to experience, it is bad enough today, DRM is just the final nail in the coffin for inspiration.

      So you people who think that the fight against DRM pales in comparison to the fight for civil rights need to think things through. In many ways, they are the SAME fight. We may be fortunate enough that DRM doesn't directly result in physical harm to individuals, but freedom from physical harm was only one small part of the fight for civil rights. The freedom to be ourselves without having to seek permission from some ruling class is a primary goal of both DRM opponents and civil rights activists.

    146. Re:A few thoughts by seanadams.com · · Score: 1

      Only Apple makes the 8-track player, and because of the DRM, nobody else can make one. And because of the DMCA, it's illegal for you to even make one for your own use, or tell somebody how to make one.

    147. Re:A few thoughts by ryanwright · · Score: 2, Insightful

      You make a good argument, however, it's really not related to the argument at hand. Forget the reason why I bought the tracks; the question is, now that I have them, should I not be able to do with them as I please?

      The restrictions and usefulness of what you get for 99 cents are clearly and unambiguously disclosed before purchase.

      Agreed, however, if I have a way to get around these restrictions and make my purchase more useful for me, is it immoral or unethical to do so? Assuming I don't distribute the music to others, this is just like modifying any other product. If I want to cut a hole in the top of my monitor for a cupholder, it's my business. Same game if I want to remove a "feature" (DRM) from my music files.

      --
      -Ryan, with the unoriginal sig
    148. Re:A few thoughts by MORTAR_COMBAT! · · Score: 0, Offtopic

      as a question...

      I had bought about 20 itunes songs, when my laptop windows xp install corrupted and I had to reinstall. I re-installed iTunes, but since my machine had been unbootable, I could not un-authenticate (that same machine!) before, and so now I'm down to 2 machines I can use for those iTunes songs.

      Any way to fix this?

      --
      MORTAR COMBAT!
    149. Re:A few thoughts by Znork · · Score: 1

      "You use GPL code, you are bound by the license."

      No, not in any way. You can use GPL code any way you wish. The GPL does not cover usage. The GPL covers distribution.

      "Oh, so as long as I'm just doing large-scale copying for FREE, then it's okay?"

      No, that would be covered by the same laws as GPL violations. Free, for profit, it doesnt matter. That's forbidden by copyright law. That's _distribution_. Large-scale, or small scale, as long as you copy and distribute, it's forbidden (unless it falls under certain other legal exceptions). That would also be comparable.

      EULA's attempt restrict what you are allowed to do with your legally purchased copy by using _contract_ law. Under copyright law you're allowed to do whatever you wish with a copy you have purchased (except make copies and distribute). That's the first sale doctrine. You can paint it blue, sell it second hand, or make origami of it, if you wish to. Most EULAs will try to say that you're specifically forbidden to paint this blue, sell it second hand, criticise the contents or play it in your nephews stereo. Things that copyright law allows you to do. That's why EULA's can get trumped by other laws, like consumer laws, other sections of copyright law, etc. Contracts can be invalidated in court, should they contain clauses that are unreasonable, or plainly not legal.

      Copyright law, while it does permit people to do pretty much whatever they want to a copy they've legally purchased, does not permit anyone to make copies of copyrighted material. That's where the GPL comes into play. The GPL is the permission you need to be able to make the copies. The same way Apple needs permission from the copyright owners to distribute music through iTMS. The same way a publisher needs permission from a writer to copy and distribute books.

      The GPL, and the publishers contract with the writer, or Apples contract with the music owners are necessary to permit them to do things they're explicitly not allowed to do without permission under copyright law. It's illegal unless you have permission.

      These are entirely different aspects of law. EULA's attempt to restrict what you're legally allowed to do through contracts. Permission contracts/licenses allow you to do something that is otherwise illegal.

      You're not allowed to copy and distribute iTMS content, but Apple wouldn't need an EULA for that. It's already illegal under copyright law. But the EULA also tries to say you can only use the products on three Apple authorized computers. This goes against the first sales doctrine, and as such, could very well be overturned in court. Traditionally, you legally own the copy you have purchased, you can play it on any (single) computer you wish, wether Apple wants to authorize that computer or not. Further, they want to restrict you from attempting to modify or circumvent the security technology. Again, this is a very dubious clause. The DMCA may, or may not, forbid that in law in this case, but it would be questionable if it was enforcable as an EULA clause. Further, they attempt to claim that any use of the product not allowed in the Usage Agreement may be a copyright infringement. That is pure unadulterated bullshit. Any _copying_ of the product not allowed in the usage agreement may be a copyright infringement, but _use_ is never a copyright infringement. It _may_ be a contract violation, but that's a vastly different thing. Etc.

    150. Re:A few thoughts by Anonymous Coward · · Score: 0

      I don't know about that. Once you cross the line as to saying that code is not speach then where is the actuall line? That was the whole point of the DeCSS Gallery, to prove that there is no line between source code and speach.

      You're right... if you cross the line and call code "speach" it wouldn't be protected because freedom of speech is.

      Get a dictionary.

    151. Re:A few thoughts by Lord+Kano · · Score: 1

      If you don't like being threatened to be taken to court, don't break the law.

      You sound like the people who were opposed to Sit Ins and other "Illegal" efforts to abolish segregation.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    152. Re:A few thoughts by pla · · Score: 1

      what other 'controversial' apps are there?

      I don't currently have access to my archive of them (I could post it next week, but Slashdot discussions rarely last beyond the day they hit FP) so can't just give you a full list, but as the other one I recently added to my collection, DVD X Copy. Oh, and Kazaa Lite - Not quite the same status as something like DeCSS, but still technically banned.

      I have somewhere around two dozen programs, total. And as I mentioned, most of them I have no use at all for (thus don't really remember much about them - Hell, until this new PadLockSL issue, I had even forgotten about Nullsoft's Waste).

      But I also include other sorts of banned media as well - DJ Danger Mouse's Grey Album, for example (available via Illegal Art), or just about anything by NegativLand. Or check out Wally Wood's "Disneyland Memorial Orgy" or Tim Maloney's (the actual "creator" of Disney's version of The Little Mermaid) video (of a NegativLand song, unsurprisingly) "Gimme the Mermaid". Not software, but all fall into the same category - Things that only our insane laws have made taboo.


      Note that I do not inlude blatantly stolen things, such as the Windows source code. I do not like Microsoft, and would like them to open their code, but something like that leaves no moral ambiguity at all as to who owns it. (Now, if someone used it to make something "really" artistic (rather than "first amendment proof of concept artistic" such as occurred with DeCSS), I would consider adding that to my collection.


      Okay, just remembered one more - StreamBox VCR, which RealNetworks managed to get an injunction against. Actually, that counts as one of the few that I do use at least occasionally.

    153. Re:A few thoughts by BobSutan · · Score: 1

      "Everyone here seems to only be concerned with moving forward and having online music stores as soon as possible... what they don't realize is that because of the DRM we are moving BACKWARD. All the freedoms that we HAD with regular retail don't exist with the online stores, and already music companies are starting to experiment with DRM on regular CDs."
      It about time somebody brought up this point. All too often people have been accepting more and more restrictive means of entertainment. Its a slippery slope that should not have ever been started. Unfortunately its too late and it seems from my point of view that until we hit rock bottim and the general public starts scratching their heads asking "how come I can't copy this song to my CD so I can play it in the car/work/other computer?" we won't see any real progress. My bet is that it'll happen because of PVRs, not DRM on CDs or online music stores. Once PVRs go mainstream and finally supplant VCRs, then and only then will people on a wide enough scale start bitching for not having the same capabilities as they did with their VCRs. Technology is supposed to move forward, not backward. And Joe Users nows that more restrictions = not as good. The proof is in the pudding: My 54 year old technophobe mother was rather pissed when she tried to copy a DVD with her VCR so she could take a copy to watch at my aunts house (who doesn't have a DVD player yet).
      And to piggyback on this idea, how long are we going to endure region-encoding and encryption on DVDs?

      --
      "On a scale from 1 to 10, people are stupid"
    154. Re:A few thoughts by Anonymous Coward · · Score: 0

      would linking to their FTP site not count as "deep linking," which, as far as i recall, has been held up in court as being legal on many occasions?

    155. Re:A few thoughts by AstroDrabb · · Score: 2, Insightful
      Suggesting that DRM is a black/white right/wrong issue is pretty ridiculous. You no doubt would love to protect your own rights to things you have of value (you do lock up your valuables... right?). Are you suggesting that because I have a moral problem with the idea of things being locked up, and found a site that allows me to successfully pick any MasterLock, that it's now perfectly OK for me to come by when you're not home, pick the lock, and take what doesn't belong to me?
      Man, you are brainwashed by the corporations. What you wrote is so far off-base. These people are not stealing. They are doing what they want with a product that they purchased since PlayFair only works on songs you have paid for! If you came to my house and I sold you a table, do I have the right to tell you when and how you can use it? What if I put DRM into the table and it would prevent you from using that table that you PURCHASED from me how and when you like? This example is what is happening with DRM crap. Copyright holders are not "letting" us use their work. They are SELLING us a copy of the work and that copy is now OUR property to use as we please and even sell. Apple's and other companies DRM implementations are trying to prevent that and prevent your Fair Use rights.

      DRM is black or white. If you accept ANY DRM now, you are giving the green ligth to companies to continue to tighten the restrictions. Later versions will come out that have tighter control. For example, I bet MS's version will take away more rigths from the buyer then Apple's version and the RIAA will like that version more. So what does the RIAA do? They only let the "lattest/hottest" titles go to the MS music store. By accepting ANY DRM, you are giving control to the RIAA/MPAA and other companies that they are looking for and will use.

      and people who are going out of their way to circumvent the MINIMAL DRM on iTunes are simply looking for a way to justify immoral/illegal behavior
      How in the world do you come up with this crap? PlayFair does not allow a user to do anything that Apple's own DRM does not allow them to do. With a regular iTMS song, you can burn and rip to get a DRM free version. The PlayFair program does the same thing. PlayFair only works on songs that you have PAID FOR. So just what bad thing does it do? It saves a user from having to go through the long process of burning and ripping. To me that is a good thing.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    156. Re:A few thoughts by Anonymous Coward · · Score: 0

      "One other thing I just thought of. Why is Apple the one going after this program? They are not the ones who wrote the FairPlay DRM. Do they even own the copyrights? It would be kinda funny if they have no legal right to enforce the copyrights"

      Look here.

    157. Re:A few thoughts by Sloppy · · Score: 1
      in the case of Apples EULA for iTMS it goes straight up against the First Sales Doctrine, which means that copyright law can very well trump the contract EULA trying to limit buyers rights beyond what copyright law permits them.
      No, this is wrong. Buyers agree to Apple's license before they buy the music. This is very different than a retail software EULA, which is an offer made to you after you already own the software, which you can reject with no consequences.

      A buyer's agreement Apple is a condition of the sale, and its terms are binding, and they override copyright law. If you don't like the terms, you can Just Say No, and they won't send you the music.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    158. Re:A few thoughts by DAldredge · · Score: 1

      They ability to buy a damn near limitless string of lawyers is the threat that apple is making.

    159. Re:A few thoughts by javax · · Score: 1

      yeah, but sharereactor.com was hosted in Swiss and owned by a Swiss.

      I have absolutely no idea what the DMCA equivalent in Swiss is, but Germany has one since about a year now... *sigh*

    160. Re:A few thoughts by nvrrobx · · Score: 1

      It's been said but I'll repeat.

      If you don't like PlayFair, DON'T BUY FROM THE iTMS! No one forced you to do it.

      You do not legally own the song. You own a license to listen to the song. The song itself is still owned by either the record company or the artist, or both.

    161. Re:A few thoughts by Anonymous Coward · · Score: 0
      Then read the fuck up on US vs. LaMacchia, particularly the part about the Dowling Decision. Read the bit in which Justice Blackmun clearly and articulately explains why the two are not the same (copyright holders, in his words, "[hold] no ordinary chattel.").

      That this case was decided (correctly, IMHO) against the person who committed copyright infringement is beside the point -- the main thing is the distinction between copyright infringement and theft.

      -H

    162. Re:A few thoughts by MJOverkill · · Score: 1

      Ah, that clears a few things up (guess I should RTFA more closely next time!)

    163. Re:A few thoughts by Anonymous Coward · · Score: 0

      That's the point. Legal bullying and copyright chill don't come from making valid complaints. It's about making a request you know to be invalid, but which you know the complainee will have to honour because they can't afford to be dragged through court. The fact that any case would be meritless is irrelevant, because 99% of defendants would simply be unable to fight at all. Which is why the term "bullying" is so appropriate.

    164. Re:A few thoughts by atheken · · Score: 1

      Actually, when purchasing music from the iTMS, you enter a contract with Apple, one which says you will not circumvent their DRM. It is illegal to remove it, the OP on this topic has it right. and I hope PlayFair disappears, it's irresponsible to distribute this software, because it's PRIMARY purpose is to circumvent the DRM. This is different than the DeCSS case, where the purpose was to play the DVD on any platform you chose, but rather to remove the DRM altogether. I make note that napster existed because "we can't get the music online. if the record industry would offer songs at a reasonable cost, we would gladly pay." Well, now they have (and with lots of effort by Apple) and we've got people circumventing it, $1 is reasonable, anyone complaining about that never planned on paying for music in the first place. Take a look at tuneyard.com and you'll realize that recording artists really DO have talent and amateurs are just that, amateur. So suck it up, and let it go, Apple has been very civil about this issue. Finally, any comment which starts out saying "The RIAA is ALWAYS wrong, and DRM is NEVER ok!" is misinformed. Like the iPod says out of the box "Don't steal music." This a delicate balance, and PlayFair is not fair to FairPlay.

    165. Re:A few thoughts by lvdrproject · · Score: 1
      yeah, but sharereactor.com was hosted in Swiss and owned by a Swiss.

      And it was read by an English from English. :(

    166. Re:A few thoughts by drinkypoo · · Score: 1

      When apple deleted their TechInfo Library (TIL) and moved all that shit into applecare or whatever, the apple knowledge base, they removed at least some bug reports/techinfo docs which made them look like assholes. I became aware of this because I owned a Rev 1 Yosemite G3 (Blue and White) which has a hardware bug in its implementation of the CMD IDE chip. This is the same chip used by a number of Sun computers, such as low-end Ultrasparcs. (I think it was something in the 1-10 range.) With most drives, you will have errors if you use UDMA transfer modes. I found many references to this by TIL document number, but when I tried to look it up in the Apple KB it was no longer there. I tried by document number, by document title, by manual input of document number (not just in the search), and by assorted related terms. But, it just plain ain't there, while other TIL documents are. To me, that amounts to a deliberate cover-up. It's something that users of those machines badly need to know. The machine is still supported by current versions of Mac OS X, yet they're removing documentation on it!

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    167. Re:A few thoughts by zurab · · Score: 2, Insightful
      The restrictions and usefulness of what you get for 99 cents are clearly and unambiguously disclosed before purchase. The terms are good enough for a great many people. There's really no need for PlayFair.

      Well, it's reasonable for Apple to make any product they want, in the format of their choice, with any DRM scheme they wish. They, obviously, are not required to accommodate everyone, or any group in particular.

      Having said that, in my opinion, it's also reasonable to attempt to crack a DRM or an encryption scheme in general. How do you think research is done in that area? Yes, DMCA makes some things illegal, but DMCA is what's self-contradicting and sometimes unreasonable, to say the least about it.

      I think it makes a great deal of difference whether Apple is selling or renting the music. IANAL, so maybe a lawyer would shed more light, but if Apple is renting the music, then they have a say on how it may get played, on what hardware, software and who they are renting to, and for how long. On the other hand, if they are selling, then they have less powers after the sale is complete. There's 2 issues that I see:

      1. What rights can Apple take away from you as a condition of a sale (not lease/rent/licensing)? Can they take away your fair use rights? If so, then "fair use" is not a "right" after all. So, is Apple really renting the music?

      2. The DMCA says that you cannot circumvent the encryption scheme; but DMCA also says it wants to do nothing to limit the "fair use" rights. I don't recall a court case, but one judge ruled that that's OK, as long as you are not trafficking the circumvention device, or breaking the encryption. Well, quite frankly, I don't see how that's OK - it's either limiting the free speech, or fair use, or both; so maybe higher courts, maybe the Supreme Court, needs to resolve that contradiction in the DMCA itself.
    168. Re:A few thoughts by drinkypoo · · Score: 1

      OK... try rewiring the cable coming into your house to get HBO/Showtime/Whatever. Don't think "theft of service" is going to apply?

      The fact that we call it "theft of service" does not make it the same thing as taking a physical item from someone. As the grandparent comment says, you are not depriving anyone of anything. Your inability to see this difference amazes me, as it does when anyone fails to observe it. As does your (eventually) following statement:

      At least be mature enough to admit that what you're doing is no different (legally or morally) from stealing tangible goods.

      THEY ARE THE SAME. It denies the victim revenue.

      The victim, you say? The only way you become a "victim" (arguably) is that you are "taken advantage of". If you are a musician and you release a song and I download a copy of that song, you can still sell it to other people. The only way you lose money is if I (or someone I, in turn, provide the song to) would have paid for it otherwise. While certainly some of this goes on ("don't buy that, I'll give you a copy") mostly this is not how it works. People buy music now as before on impulse or for a gift. However people were giving away mix tapes for years and guess what? It's arguable whether that's even illegal. You can't actually buy that collection of music, you already own it (or you're making third or later generation copies of it, and the quality will be degrating if it's analog, and we're talking about tapes here) and someone just might go out and buy the album it's on if you give them the one song.

      So put simply, it is not really theft. In the case of the cable company, the only way you are really committing theft of a service is if you paid them to install the wire, then cancelled cable, and installed a hacked box, because it actually cost them something to provide you the cable you're not paying for. The wire was connected to your house when you got there. In the case of a musician, the only thing happening if they expect you to buy it, and you copy it instead, is that they were deluded.

      The act of copying something is both legally and morally different from stealing tangible goods. It is legally different in that it is covered by different areas of law ("stealing" music is specifically a violation of copyright law) and it is morally different in that you are not necessarily depriving anyone of anything. If you have the money to buy something, and you want it, and you get it without paying for it and spend that money on something else frivolous instead, that is a pretty immoral thing to do. But if you would definitely not pay to see or hear something, and you download it, then I fail to see that anyone is getting hurt.

      Furthermore, the record labels do a lot more to screw artists out of money than all the music downloaders ever could. All the money they spend on artists living the high life in lieu of actually giving them cash ends up getting written off of their taxes as business expenses. So it's pretty hard to feel bad about it in any case. But I would feel bad about downloading music if I downloaded anything I'd pay money for. If I want to show my appreciation for a band, I go see them in concert.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    169. Re:A few thoughts by Forgotten · · Score: 2, Interesting
      I can't listen to it on portable MP3 players other than iPod.

      And this, of course, is the only reason Apple is bullying Sarovar with baseless legal threats.

      A lot of people seem to think it's about walking a fine line with the music industry - that they won't cooperate with Apple and the iTMS if Apple doesn't defend the DRM (and thus Apple is really working for consumers). Maybe the RIAA would react that way, though it's doubtful at this point given the iTMS's profitability to them (not to Apple). But that's not Apple's real concern.

      Apple wants control over the iTMS so it can sell iPods and retain its market position in online music sales. In its current view, that means no other players should be able to play iTMS tracks. This is the reason for the threats. Check out some recent links.

      If the Playfair code exists, another rival music player vendor can incorporate it into their own music player download app (for instance). They could seamlessly support iTMS tracks to their own player, just by supporting straight AAC and stripping Fairplay. I think this is Apple's biggest fear (never mind that the DMCA and like laws would make that illegal in the US and probably the EU). It's not about the RIAA, it's about Rio.

      They're probably pretty scared right now. The DMCA takedown against Sourceforge was obvious, but they have no legal basis for these claims in India - it's pure old-fashioned extortion and copyright chill. They must know that, but then you'd think they'd have known that Fairplay would be quickly broken too.

      Apple makes great products and if they were content to do that and remain a successful niche player they'd continue to do well. But this kind of bullying turns my stomach; it makes me want to trade in the iBook I'm typing this on for an x86 Linux box, and it puts me off buying the iPod I'd eventually have succumbed to. It damn sure means I'll never spend a cent at the iTMS. I'm not deluded enough to think that means they're shooting themselves in the foot (most people will never hear of these threats or give a damn if they do), but it loses them goodwill in the user community, and that kind of erosion is what's hurting them the most.

      The irony is that while Playfair may not be good for their vision of the iPod and iTMS, it is good for Mac sales. So-called piracy has always driven the computer industry, in part because it generally represents the same sort of ease-of-use that Apple is known for.

    170. Re:A few thoughts by JoshuaDFranklin · · Score: 1

      Guess what? I did and I even emailed the Provost to explain what is going on. If UW doesn't want it on their servers (my reading of the guidelines and the DMCA is that it is permissable), they just need to email me back and I will remove it. It's their server and I will abide by their decision. Personally I think the free speech issues are much bigger than the iTunes DRM. UW has the resources to fight this if they agree with me.

    171. Re:A few thoughts by drinkypoo · · Score: 1

      Doing so costs you quality. Bitrates are not high enough that the loss of quality is gentle and more or less linear as it is with analog media; compression artifacts on top of compression artifacts generally create some really screwed up sound. Add to this the fact that it's only an approximation of the original sound to begin with (44.1kHz, 16 bits, can only do so much which is why most pro digital gear is now 24 bit, 96kHz) and the sound quality really goes in the toilet fast. Meanwhile, copying even digital audio is granted by Fair Use laws. The fact that PlayFair DRM doesn't interfere with your intended uses and your enjoyment of music purchased from iTunes doesn't mean that everyone else's experience will be as pleasurable as your own.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    172. Re:A few thoughts by Anonymous Coward · · Score: 0

      Please don't use ellipses in your sentences.

      More importantly, you should be careful to match tense and mood. It's ungrammatical to move from "if you cross the line and call" to the conditional "wouldn't be protected". Let alone the dangling clause after "is".

      I recommend you buy a copy of Strunk & White.

    173. Re:A few thoughts by Znork · · Score: 1

      Mmm, you do have a point.

      However, in cases such as Softman vs. Adobe, this is part of what the court found:

      "The Court finds that the circumstances surrounding the transaction strongly suggests that the transaction is in fact a sale rather than a license. For example, the purchaser commonly obtains a single copy of the software, with documentation, for a single price, which the purchaser pays at the time of the transaction, and which constitutes the entire payment for the "license." The license runs for an indefinite term without provisions for renewal. In light of these indicia, many courts and commentators conclude that a "shrinkwrap license" transaction is a sale of goods rather than a license."

      Further the court cites from VWP of Am., Inc. v. United States, 175 F.3d 1327, 1338-39 (Fed. Cir. 1999). Professor Raymond Nimmer,

      "Ownership of a copy should be determined based on the actual character, rather than the label, of the transaction by which the user obtained possession. Merely labeling a transaction as a lease or license does not control. If a transaction involves a single payment giving the buyer an unlimited period in which it has a right to possession, the transaction is a sale. In this situation, the buyer owns the copy regardless of the label the parties use for the contract. Course of dealing and trade usage may be relevant, since they establish the expectations and intent of the parties. The pertinent issue is whether, as in a lease, the user may be required to return the copy to the vendor after the expiration of a particular period. If not, the transaction conveyed not only possession, but also transferred ownership of the copy."

      This is also supported by Jobs comments about the users 'owning' what they download off iTMS.

      In the Softman vs. Adobe, the EULA is also deemed unenforcable due to lack of agreement on Softmans part, which makes the case irrelevant as far as wether Apples contract is enforcable or not.

      However, to quote yet another bit:

      "The Court finds that the provisions contained in Adobe's EULA purport to diminish the rights of customers to use the software in ways ordinarily enjoyed by customers under copyright law. Therefore, these restrictions appear to be inconsistent with the balance of rights set forth in intellectual property law. Commentators have noted that the arguments for enforcing this balance are particularly persuasive in the context of shrinkwrap licenses because the balance of rights in intellectual property law is already tilted heavily in favor of the intellectual property owner. "The only countervailing forces favoring users are those rights specifically granted to users by federal law. In this context more than any other, therefore, it is justifiable to fear that removing or eviscerating those user rights may bring the whole edifice crumbling down."

      This indicates that the court finds many reasons, even beside the issue of the EULA's validity as a contract, to vacate it.

    174. Re:A few thoughts by drinkypoo · · Score: 1

      The GPL is about copyright. IP protection is done through copyright law. This is actually about Fair Use, which provides limitations on copyright law which benefit consumers and prevent them from being screwed over by phenomena like vendor lock-in. Or at least, that's what they were supposed to do, before the DMCA summoned satan all over them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    175. Re:A few thoughts by Anonymous Coward · · Score: 0

      Do you have that comic book cover (and associated book) with Binky fighting the other rabbit, which Groening extorted out of existence?

    176. Re:A few thoughts by Dr+Rick · · Score: 1

      I heard that according to the iTunes 'get info' menu item, the 128k sampling rate for the original locked AAC file goes to 125k for the unlocked version (that is, after running PlayFair). Seems like there is some loss or is it just bad header information...

      --

      Dr. Rick
      - "It's such a fine line between clever and stupid" (Nigel Tufnel)
      - Zort! (Pinky)
    177. Re:A few thoughts by pla · · Score: 1

      Do you have that comic book cover (and associated book) with Binky fighting the other rabbit, which Groening extorted out of existence?

      Nah... I've seen a handful of scans from it, but never the whole thing. If I saw it dumped in full to a newsgroup, I'd grab it, but I won't bother trying to track it down one page at a time from the net.

      Now, if you have a link to it in full... By all means, respond with a URL and I'd grab it. But the collector-with-an-OCD-streak in me really can't stand partial sets of anything. :-)

    178. Re:A few thoughts by dmarcov · · Score: 1
      4. NULLIFICATION. The jury can decide that, although the defendant is guilty of violating the law, the law itself is wrong.


      Actually, a jury doesn't make a formal determination of "Nullification". A jury which has chosen the nullification option, simply finds the Defendant Not Guilty, regardless of facts of the case.

      In the US, the jury is charged with being the "finder of fact", and the judge is the "finder of law". This is where the whole nullification thing gets sticky. From a legal standpoint, since the jury is the finder of fact, it can only determine guilt based on the facts of the case. The more practical matter is that there are few checks on the jury's power to determine facts (a "directed verdict" being one of them), and hence the basis of the finding of the jury isn't really subject to question, as long as everyone on the jury keeps quiet about it. What happens if they don't is interesting -- usually I'd suspect there'd be a mistrial -- but a Defendant acquitted that way would have some very compelling appeals.

      Every want to get out of Jury Duty? Just ask about nullification during voir dire. Oh sure it might get your cited for contempt -- but you won't be on the jury, that's for damned sure.
    179. Re:A few thoughts by fprefect · · Score: 1

      Read it closer. That section say you can reverse engineer it in order to figure out how it works, and make your own programs interoperable. It allows to learn the algorithm and write a compatible implementation, it doesn't say anything about a user unlocking the actual content.

      I think you are confusing reverse engineering with fair use.

      --
      Matt Slot / Bitwise Operator / Ambrosia Software, Inc.
    180. Re:A few thoughts by BasilBrush · · Score: 1

      You need to ask Apple to do it for you, using the form at the bottom of this page. http://www.apple.com/support/itunes/authorization. html

    181. Re:A few thoughts by cwis42 · · Score: 1

      you do lock up your valuables... right?)

      Your analogy does not work. DRM locks you in. Keys lock you out.

    182. Re:A few thoughts by BasilBrush · · Score: 1, Insightful
      The difference is that they publically demonstrated and were willing to face the legal consequences to publicise their cause. They weren't running off to another country where they think the laws weren't enforced as strongly. And don't pretend that stripping DRM off files whilst skulking in your bedroom is the equivalent of civil disobedience, either. Nobody knows you have done it. The only cause you are serving is yourself. If you truly object to it, organise a demonstration outside Apple offices and get the press in. Then, and only then can you start to think about talking about civil disobedience.

      DRM isn't the equivalent of segregation by a long chalk. If you don't approve of DRM, don't buy DRMed music. Nobody is forcing you. Go to the music store and buy CDs instead.

    183. Re:A few thoughts by Anonymous Coward · · Score: 0
      More importantly, you should be careful to match tense and mood. It's ungrammatical to move from "if you cross the line and call" to the conditional "wouldn't be protected". Let alone the dangling clause after "is".

      You are right, here's a corrected form:

      You're right in that if you cross the line and call code "speech" then it wouldn't be protected because freedom of speech is, ASSHOLE .

    184. Re:A few thoughts by TheRaven64 · · Score: 2, Funny

      Don't knock the moose, they're tough creatures. I know someone who drove a car into one. The car was a write off. The moose barely noticed.

      --
      I am TheRaven on Soylent News
    185. Re:A few thoughts by BillyBlaze · · Score: 1

      I'm tired of this "you're breaking the contract" defense. Suppose I sign up for iTunes and sign their legally binding contract. Then I use PlayFair. Yes, I would have violated the contract. Apple would be justified in suing me. But that does not affect the legality of PlayFair in any way. Only the DMCA makes it illegal, and the DMCA is wrong.

    186. Re:A few thoughts by TheRaven64 · · Score: 2, Insightful

      I can't help wondering if this is the entire point of the exercise. Steve Jobs is on record as saying that he doesn't believe DRM can work. Whatever else he may be, he is not stupid, and I'm fairly sure he knows that suppressing this is only likely to ensure wider distribution and more publicity. Which will then serve to prove him right. Steve Jobs on an ego trip, who'd have thought it?

      --
      I am TheRaven on Soylent News
    187. Re:A few thoughts by Anonymous Coward · · Score: 0

      Quality is NIGHT and Day compared to a mp3. Even for the most tone impaired individual.

      A 128k AAC file sounds infinitely better than a 192k or 160k mp3.

      And if you have a good stereo the difference makes mp3's sound like an old cassete tape.

    188. Re:A few thoughts by BillyBlaze · · Score: 1
      I will agree that iTunes license (which isn't a EULA) is valid. However, there are some things you cannot sign away, no matter how hard you try. For example, you can't sign yourself into slavery.

      I think that the right to make personal copies ought to be one you can't sign away. I consider this to be an important right, but given current market conditions, it will certainly be lost, unless the courts decide that it can't be.

    189. Re:A few thoughts by Anonymous Coward · · Score: 0

      Car manufacturers put governors on their cars to limit the max speed limit. We deal with these every day and it is illegal to remove.

      Think of it as a the same way. Your argument is null.

    190. Re:A few thoughts by BillyBlaze · · Score: 2, Insightful
      They seriously don't give a shit about a bunch of geeks running around proclaiming 'civil disobediance' by not paying for a $1 song.

      The whole point is that these particular geeks are paying the $1 for the song, and are getting screwed anyway.

      Also, DRM will continue to get more restrictive, but this has nothing to do with the public being stupid. The RIAA controls all the popular music, and they can choose to only offer it to resellers with increasingly restrictive DRM. Yes, this will hurt sales. The RIAA will then blame piracy and get the politicians, who are as stupid (or as paid off) as Slashdotters think, to make still more draconian copyright laws.

    191. Re:A few thoughts by Anonymous Coward · · Score: 0
      (doesn't affect me, I don't use Playfair or anticipate the need for it)

      Way to cover your ass, you pussy.

    192. Re:A few thoughts by BillyBlaze · · Score: 1
      So anyone using PlayFair to overcome the DRMs is essentially in breach of contract.

      Absolutely. Thus, Apple would be perfectly justified to sue people who use PlayFair for breach of contract. But that's not what they're doing, and that argument doesn't justify what they're doing.

    193. Re:A few thoughts by Anonymous Coward · · Score: 0

      "By accepting Apple's DRM as acceptable, you are in essence accepting DRM technology."

      So the solution here is to not use the iTMS at all, right?

    194. Re:A few thoughts by alienw · · Score: 1

      Why are you assuming that click-wrap agreements are bulletproof? I, for one, believe a contract is not valid unless both parties knowingly sign it. A mouse click is not a signature, and neither is a credit card transaction for that matter. I can buy a song from iTunes without signing a single piece of paper, so their EULA is not exactly a contract.

      Also, burning to a CD and then ripping will inevitably degrade quality. It is also a hassle.

    195. Re:A few thoughts by Mike+Hawk · · Score: 1

      Weird, just re-reading the GPL, as I am prone to do, it says that it is the only thing that grants me permission to modify the software. If I modify the software I have to follow certain steps. This language is independent of the copyright language. If it reads like a EULA and sounds like a EULA...

      Kinda like modifying iTMS content. Whatev, I'm not interested in either. Type of content that is, not the modification thereof.

    196. Re:A few thoughts by Anonymous Coward · · Score: 0

      Hmm...so you're saying that I'm a thief for buying music on iTunes and wanting to play it on my Linux computer? Apple's agreement says you can have a song on up to three computers, and I have my songs on two. But in order to play it on one of my computers, I require VideoLan to play it or PlayFair to decrypt the file, and I prefer PlayFair so that I can play it in the music player of my choice. So, explain to me...how am I being a thief? :)

    197. Re:A few thoughts by numark · · Score: 1

      The problem with your idea is that, if you don't have a contract with Apple for the iTMS, you don't have a license to the music. It's just like any other EULA: you have the right to refuse the contract, but if there's no contract agreement, you have no legal license to use the software.

      --
      Want Slashdot headlines on your site? Try SlashHead
    198. Re:A few thoughts by Thu+Anon+Coward · · Score: 1

      You do not legally own the song. You own a license to listen to the song. The song itself is still owned by either the record company or the artist, or both.

      I don't own an iPod or any portable mp3 player etc so don't read more into my comment than it says.

      so he owns a license to listen to the song? even Congress and the courts have agreed that there is an issue called 'Fair Usage'. if I have a license to listen to that song, then I should be able to listen to it in ANY format that I choose, REGARDLESS of what the license or the DMCA says. and strictly speaking, I don't have a license to listen to the song, I have a license for a COPY of the song. if a license was required to listen then how do I hear it from my radio? the old Fair Usage has not been run out of town because DMCA was passed.

      notice the comment in the cease and desist letter:

      "...causing them enormous potential loss of revenue and reputation."

      note the word POTENTIAL. the only way it is potential loss of revenue is if I circumvent the DRM and then illegally give away the music to other people who have not paid for the license to have their own copy of the song. if I haven't done this, then where is the problem? and don't tell me it goes against the license I agreed to. just because the restriction is in the license does not make it legal (remember Fair Usage?).

      --



      I'm good with numbers - .45, 7.62, 9.....
    199. Re:A few thoughts by bnenning · · Score: 1

      It's just like any other EULA: you have the right to refuse the contract, but if there's no contract agreement, you have no legal license to use the software.

      Regardless of the specifics of the iTMS "contract", this statement is not true. See 17 USC 117; if you have a software program, you do not need the copyright holder's permission to run it.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    200. Re:A few thoughts by bnenning · · Score: 1

      DRM or even just RM is not inherently evil.

      I'm going to disagree with this, sort of. The goal of DRM is not necessarily evil. If it were possible to sell software that couldn't be used illegally but that didn't deprive users of their existing rights, that would be fine. And a perpetual motion machine would be great too; the problem is that neither is possible. In order for DRM to be effective, I can't be allowed to look under the hood and figure out what *my* computer is doing. Nor can I be permitted to make tools that *could* be used to circumvent DRM, regardless of their other uses. These are serious infringments of my property rights, as well as counter to the ideals of advancing our technology and understanding. So I would say that while DRM may not be inherently evil, strict enforcement of DRM is.

      So until then, just like I activate my password, when I want to say "don't casually use my computer", and light weight DRM is appropriate for stopping misuse of music and other files.

      That's not a valid analogy. Setting a password doesn't deprive me of my rights, since I have no right to use your computer in the first place. Setting a password causes your computer to act on your behalf; DRM causes it to act on the behalf of others.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    201. Re:A few thoughts by Anonymous Coward · · Score: 0

      A moose bit my sister, once.

    202. Re:A few thoughts by Lord+Kano · · Score: 1

      The difference is that they publically demonstrated and were willing to face the legal consequences to publicise their cause. They weren't running off to another country where they think the laws weren't enforced as strongly.

      David doesn't defeat Goliath by trying to match his strength. Gaining publicity was easy when you were showing footage of police and southern rednecks beating the shit out of teenage kids. Sending an "evil hacker" to jail is someone that most people won't care about.

      The only cause you are serving is yourself.

      The people doing this are doing it on your behalf as well, even if you choose to not take part.

      If you truly object to it, organise a demonstration outside Apple offices and get the press in.

      The mainstream media are not capable of understanding the issue much less reporting it accurately.

      DRM isn't the equivalent of segregation by a long chalk.

      Perhaps not morally, but legally it's very similar. A segregationist who owned a diner had the right to control the use of his property. Apple and whatever record company controls the IP for the music, as such they have the right to control how that music is used.

      Sit Ins were as much of a violation of someone's property rights as stripping DRM from music files.

      You just think one of them is a noble crime.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    203. Re:A few thoughts by Anonymous Coward · · Score: 0

      Everybody's out for a free ride. To deny that is to be an idiot.

    204. Re:A few thoughts by BasilBrush · · Score: 1
      David doesn't defeat Goliath by trying to match his strength.

      Neither does a sneak thief. First you try to compare your actions with early equal rights activists, then you try to draw parallels with a biblical hero. But all you are really doing is cracking music files in your bedroom.

      Gaining publicity was easy when you were showing footage of police and southern rednecks beating the shit out of teenage kids. Sending an "evil hacker" to jail is someone that most people won't care about.

      Now do you see how ludicrous it is to compare yourself to the early equal rights movement. When the RIAA or Apple start setting about you with sticks and large boots, then you'll have my sympathy for your cause, and as much press as you could ever wish for. Till then you are just making excuses for petty criminality.

      The people doing this are doing it on your behalf as well, even if you choose to not take part.

      No they aren't. As a software engineer I'm an IP creator, not a leech. They are doing it because they want to be able to freeload. I read an article today about music listening habits. One guy they talked to had a 120GB of music collection. The other had 2000 songs that he hadn't yet listened to. You aren't telling me that either of them purchased this quantity of music. They ripped it off, pure and simple. These are the people being served by the "DRM is evil" brigade.

      You just think one of them is a noble crime.

      I think public demonstrations are a useful tool to change the world. But what you are advocating is more akin to breaking the speed limit. It's petty criminality for your own petty gain. It isn't noble at all.

    205. Re:A few thoughts by Lord+Kano · · Score: 1

      But all you are really doing is cracking music files in your bedroom.

      I neither use iTMS nor AAC audio files.

      When the RIAA or Apple start setting about you with sticks and large boots,

      What do you think the threat of legal action is? Governments have authority because they CAN use physical force or violence to make you comply with their wishes. To threaten legal action is to threaten to make the goverment violently force your will by proxy.

      Till then you are just making excuses for petty criminality.

      To remove DRM from files that YOU have paid for is NOT criminality. You may be breaching a contract ( I can't say for certain, I've never agreed to Apple's terms for iTMS), but that is a civil matter, not a criminal one.

      I read an article today about music listening habits. One guy they talked to had a 120GB of music collection. The other had 2000 songs that he hadn't yet listened to.

      Yeah...And? That's not what this is about.

      You aren't telling me that either of them purchased this quantity of music. They ripped it off, pure and simple. These are the people being served by the "DRM is evil" brigade.

      These people probably did rip off that music. That has nothing to do with this discussion. To be completely honest, I have some music that I have ripped off. Some of that I downloaded because I couldn't find the CD anywhere. Some of it I downloaded because I was lazy. But the majority of my 5.3GB MP3 collection is music that I bought, ripped and encoded myself. From DMX and Scarface to Stone Temple Pilots and Nirvana, I BOUGHT the music because I like it. No one, not you or anyone else will tell me how to listen to it.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    206. Re:A few thoughts by Anonymous Coward · · Score: 0

      "Do they even own the copyrights? It would be kinda funny if they have no legal right to enforce the copyrights."

      Does it matter? If they own the copyright, then they are justified. Otherwise, we have to guess the term of the license, which may or may not give them the exclusive use of the technology or something to that effect. Whatever the case is, it is in Apple's interest to appear to defend against non-sanctioned ways of removing the DRM since iTMS business depends on RIAA's insistence on some kind of DRM.

    207. Re:A few thoughts by Anonymous Coward · · Score: 0

      "This has nothing to do with getting free music. All of the songs available on iTunes are freely available anywhere else on the Internet. Nobody is breaking iTunes' DRM for the purpose of "stealing": You have to pay for the song before you even get the chance to break the DRM."

      Whoa! Be careful with absolute generalization. Out of the million users, some of them are bound to remove the DRM. Out of those people, some of them are bound to use PlayFair to accomplish this. Out of those people, one may give away the music to his friends or relatives.

      If you think removing FairPlay is only for personal use, how do you explain that some iTMS exclusives are on Kazaa?

    208. Re:A few thoughts by kylemonger · · Score: 1
      I think it makes a great deal of difference whether Apple is selling or renting the music. IANAL, so maybe a lawyer would shed more light, but if Apple is renting the music, then they have a say on how it may get played, on what hardware, software and who they are renting to, and for how long. On the other hand, if they are selling, then they have less powers after the sale is complete. There's 2 issues that I see: 1. What rights can Apple take away from you as a condition of a sale (not lease/rent/licensing)? Can they take away your fair use rights? If so, then "fair use" is not a "right" after all. So, is Apple really renting the music?

      Looking at the iTunes Music Store Terms of Service it looks more like Apple is renting music than selling it. The duration of the rental is unspecified. Note these two paragraphs (emphasis is mine):

      c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Apple reserves the right to modify the Usage Rules at any time.

      d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Apple. Accordingly, in the event that Apple changes any part of the Service or discontinues the Service, which Apple may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Apple shall have no liability to you in such case.

      Basically this says Apple retains control over the songs even though you've paid for them and Apple can decide that you can't play them anymore and you aren't allowed to do anything about it. All sales are final, so no refunds either. Your music is only your music so long as Apple says it is.

      This is pretty darned draconian, even if only in theory. I can understand why some consumers might say "Look Apple, I paid for this music. Rip. Mix. Burn. See Figure 1."

    209. Re:A few thoughts by boots@work · · Score: 1

      Till then you are just making excuses for petty criminality.

      Saying that civil disobediance of a supposedly unjust law is criminal begs the question. Jesus was a criminal, under the laws of his time. The point is whether the law is moral/reasonable/just to begin with.

      I have a flash-based MP3 player that doesn't play AAC. If I used iTunes I'd feel it was fair use and morally defensible to transcode songs so I could play them on my Nuvo. I think the law ought to protect this fair use, rather than banning it.

      Turn about: yes, I think it's reasonable for someone to make backups of my proprietary software, or to transfer it when they buy a new machine.

    210. Re:A few thoughts by Sarth · · Score: 1
      "I look at it simply like this: You are either for DRM technology, or you are against it. I am against it. It's really as simple as that."

      I look at it simply like this: You are either for speed limits, or you are against them. I am against them. It's really as simple as that.

      Because we all know that being told what we can do with things we purchase, even though we agree to these things at the time of purchase (You're not going to go 90 in a 25 zone with your new car, are you,sir?) is a Bad Thing.

      --

      ... and, so began, the legend of the Five-point Atkins Exploding Heart Technique!

    211. Re:A few thoughts by Znork · · Score: 1

      Re-read section 5 again. Especially the part that says:

      "5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License."

      That means, you only need to accept the terms of the GPL if you intend to do anything specifically forbidden by copyright law. That means it's entirely dependent on copyright law, and the GPL does not purport to be enforcable or binding unless you wish to engage in otherwise illegal activities.

      Of course, as the GPL tries to be valid and stable in pretty much every jurisdiction on earth, it can hardly quote every possible condition under which you may, or may not, copy, modify and distribute the work in question under your specific jurisdictions copyright law, which means the language describing the conditions under which you have to accept the license is necessarily very generic. If you're interested in only modifying the work, without distributing it, you need to research the extent to which your local law permits modification of copyrighted material for personal use.

    212. Re:A few thoughts by Anonymous Coward · · Score: 0

      Moron, they are paying for it!!!!!!!

      If you don't care about DRM, then I hope you dissapear out of the genepool.

      They hva already stopped buying it...

    213. Re:A few thoughts by fatphil · · Score: 1

      The summary of that 2000 law I found via google looked like it had _nothing_ to do with what PlayFair actaully does. (I didn't check the 1957 one, but I somehow doubt it addresses issues with portable and/or electronic encrypted music playback devices.)

      The lawyers were spreading fear, uncertainty and doubt.

      At Apple's behest.

      FP.

      --
      Also FatPhil on SoylentNews, id 863
    214. Re:A few thoughts by BasilBrush · · Score: 1
      Saying that civil disobediance of a supposedly unjust law is criminal begs the question. Jesus was a criminal, under the laws of his time. The point is whether the law is moral/reasonable/just to begin with.

      We've already gone down the road of how ridiculous it is to compare DRM stripping to the actions of biblical heroes. You could make the same excuse to break any law you choose to. What you really need to do is demonstrate that *this* law (DMCA) is unjust.

      I have a flash-based MP3 player that doesn't play AAC. If I used iTunes I'd feel it was fair use and morally defensible to transcode songs so I could play them on my Nuvo. I think the law ought to protect this fair use, rather than banning it.

      If you have a flash based player that doesn't play AAC then iTMS isn't for you. Go buy somewhere that supports your player, or buy a CD and rip it. No one is forcing you to buy from iTMS.

      Turn about: yes, I think it's reasonable for someone to make backups of my proprietary software, or to transfer it when they buy a new machine.

      So does Apple and iTMS. You can make as many backups of your songs as you like. But they'll only play on up to 3 computers and the iPods paired with them. They also let you transfer to a new machine. You deauthorize one of the existing 3 and authorize the new one from within iTunes. If by any chance you lose access to the old machine before you deauthorize, you can fill out a form on iTMS to reset your music, so you can start from scratch authorizing up to 3 computers.

    215. Re:A few thoughts by TiggsPanther · · Score: 2, Insightful
      Some kid breaks the DRM mechanism, and everyone jumps to his defence, because all they really want is FREE (gratis) music. All that talk about buying songs was just that: talk.

      Bullshit!
      I want to buy music digitally(*). Currently I can't easily. But I still buy CDs. Hell, bought two classics by The Pixies last week. I could easily of grabbed all the songs and more off P2P. But I didn't.
      That said, I'm anti-DRM. At least, DRM that's tied to platform lockin.

      (*) I did use the Bleep/Warp store to buy some Aphex Twin. The only thing stopping me using them more is their lack of music I'm in a hurry to get. Again, I could easily fire up my P2P program and grab whole albums, but when whole-albums are involved I really do prefer actually buying them.

      iTMS looks almost perfect to me. They have a lot of stuff available. Probably more than anyone else. Problem is, by the time they get the European copyright issues or whatever's holding them up over here sorted out and can actually open over here, I'll have defected more from Windows than I already have.

      (Yes, I know we have the "MyCokeMusic" over here. I just had a look. The main page then launches a Flash window to do the actualy browsing in.
      Errrrrrrrrm. No!)

      Unless Apple bring out official iTunes/iPod support to Linux, then the only way I'd be able to use their service would be by some sort of circumvention method. And I'm pretty certain I'm not the only one.
      And seeing that, unlike me, some people can actually code, then there will always be people who will right workarounds for themselves. And then, inevitably, make them available.

      It's no different to Region-coding and CSS in DVDs to me. If I buy something, I don't want people telling me on what platforms I can and can't watch them on. It doesn't necessarily mean I'll download stuff for free instead. It just means I'll either find a hack, or go without.
      And the amusing (to me) thing is that the companies would probably rather I did the latter. But its the former that allows me to buy stuff and put money in their pockets.

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
    216. Re:A few thoughts by alienw · · Score: 1

      if you don't have a contract with Apple for the iTMS, you don't have a license to the music

      I don't have to sign a contract when I buy a CD, and I don't agree to any contracts when I buy an AAC file from iTMS. I pay my money, I get my music. No contracts needed.

    217. Re:A few thoughts by Mike+Hawk · · Score: 1

      So why can't you just say it might actually affect me as a EULA if I intend to modify something covered by the GPL but not distribute it? That was quite a few words but you didn't directly refute what I said. I still cannot modify it legally without accepting the GPL. Its a EULA. Using passive aggressive language instead of just plain aggressive doesn't change anything.

    218. Re:A few thoughts by Anonymous Coward · · Score: 0

      No, but people buy all sorts of electronic equipment that is sealed, with the warning, "no user-servicable parts inside". And an unauthorized opening of the case voids the product's warranty.

      Some cars, especially luxury cars, are approaching this. Just look under the hood of a new BMW, SAAB, Volvo, etc. Of course, this is good for the car manufacturers' dealer networks as well, and, along with engine control computer codes and resets that are not shared with third-party repair shops...

    219. Re:A few thoughts by Cap'n+Steve · · Score: 0

      "No, the reason it's been broken, and the reason I am applauding their efforts to continue to do so, is because Fairplay isn't fair for me. I can't listen to it on portable MP3 players other than iPod."

      And that's the reason they want it gone. Apple has said they're not really making any money on iTunes, it's the iPod that's actually turning a profit.

    220. Re:A few thoughts by timts · · Score: 0

      who is stupid enough to buy those AAC files in the first place? well, who's stupid enough to buy an apple?

  2. Preferably a country with fat pipes... by tcopeland · · Score: 4, Informative

    ...since it was getting downloaded around 5000 times a day before it got pulled. I'm sure the other project admins at Sarovar aren't sad to see it go; now they have a much more responsive server :-)

    And again, if you put up a public (foo)Forge, make sure you have a Terms of Service document to cover this sort of thing.

    1. Re:Preferably a country with fat pipes... by Tyler+Eaves · · Score: 1, Insightful

      5000x a day is nothing.

      Let's assume the file is 500k.

      That's 2.5GB a day. Not much at all. Sounds like it at first, but it isn't. That's roughly 100MB per hour, 1.5MB per minute, 0.25MB / 250Kb / 2Mbit a second. Most cable connections could support that.

      --
      TODO: Something witty here...
    2. Re:Preferably a country with fat pipes... by LostCluster · · Score: 1

      That's 2.5GB a day. Not much at all. Sounds like it at first, but it isn't. That's roughly 100MB per hour, 1.5MB per minute, 0.25MB / 250Kb / 2Mbit a second. Most cable connections could support that.

      2Mb a second swamps a T1, and swamps most consumer connections in the USA because they can download that fast, but not upload.

      Not to mention, it's highly unlikely that the downloads were distributed evenly throughout the day, so high traffic period would require bursts faster than the average. In short, you've got to be at a hosting facility to get that kind of bandwidth.

    3. Re:Preferably a country with fat pipes... by 1u3hr · · Score: 1
      now they have a much more responsive server

      Right. Until this story was posted.

    4. Re:Preferably a country with fat pipes... by Anonymous Coward · · Score: 0

      Wow. Which cable company do you use?

    5. Re:Preferably a country with fat pipes... by Saeger · · Score: 1
      Still, 2.5GB/day is nothing when bandwidth costs less than a dollar per gig; just skip going to StarBucks and you're even. :)

      --

      --
      Power to the Peaceful
    6. Re:Preferably a country with fat pipes... by Tyler+Eaves · · Score: 1

      It'd help if I did my math right....

      1.5MB/min = 25kb/sec = 200Knit sec. That's barely above ISDN.

      --
      TODO: Something witty here...
  3. Must... never... pay... for... music!! by djcatnip · · Score: 1, Funny

    sheesh.

    --
    I make these: http://beatseqr.com
  4. P2P? by DiSKiLLeR · · Score: 1, Interesting

    So its gonna be all over gnutella, winmx, etc?

    If Apple keeps going after every website that hosts it, its gonna be everywhere on P2P... what are they gonna do then?

    --
    You can tell how powerful someone is by the magnitude of the crime they can commit and be able to get away with.
    1. Re:P2P? by Anonymous Coward · · Score: 1, Funny
      Ummm.. If history is any indication, they'll start selling it themselves, right?

      Err..

    2. Re:P2P? by Rhys · · Score: 1

      Look at the record companies and say, "we did what we could" perhaps?

      --
      Slashdot Patriotism: We Support our Dupes!
    3. Re:P2P? by Liselle · · Score: 2, Interesting
      If Apple keeps going after every website that hosts it, its gonna be everywhere on P2P... what are they gonna do then?
      Once they pick all the low-hanging fruit (hosted on popular websites), the recording industry can't claim they didn't try. Steve Jobs said himself that it was only a matter of time before the DRM was cracked, I am surprised it lasted this long (I'm sure he is, too). I predict Apple is going to make a good-faith effort to send around take-down notices to anyone who hosts it, and then it will live on in the P2P underground.

      Remember bnetd? Blizzard had no problem with people who loved their game, but they'd be idiots to stand by while a program existed that circumvented their CD-key system. Same deal with Apple (sot of).
      --
      Auto-reply to ACs: "Truly, you have a dizzying intellect."
    4. Re:P2P? by Anonymous Coward · · Score: 0

      bnetd is quite a bit different.

      it was a server that simply DIDNT incorporate copy protection.

      it didnt break anything, it ignored it all together

  5. They could move PlayFair to Afghanistan... by Jon+Abbott · · Score: 5, Funny

    ...It'll never be caught there! :^)

    Ba-doom-boom-crash!

    1. Re:They could move PlayFair to Afghanistan... by Anonymous Coward · · Score: 0

      Not until two weeks before the election.

    2. Re:They could move PlayFair to Afghanistan... by Anonymous Coward · · Score: 0

      That Ba-doom-boom-crash! you all heard was the sound of one kiloton of warheads dropped on the Afghani Playfair servers...

    3. Re:They could move PlayFair to Afghanistan... by Anonymous Coward · · Score: 0

      Not until two weeks before the election.

      wow.. that was soo funny ... not. I've heard that joke on Jay Leno at least 5 times. Try getting your political information from real news instead of just echoing late night television "comedy"

  6. Apple Playing Fair by turbobuick · · Score: 0, Interesting

    Why can't they just seem to leave well enough alone? I'd like to know under what law they are threatening PlayFair.

    1. Re:Apple Playing Fair by Anml4ixoye · · Score: 2, Informative

      As another poster pointed out, they didn't specify *what* laws they were going to do anything. They merely said that if they didn't take it down, they would begin reviewing what legal options they had available to them. Maybe they don't have any, maybe they do - but if I had Apple's lawyers on my back I might want to take it down too until I found out they had no chance of touching me.

    2. Re:Apple Playing Fair by zhenlin · · Score: 1

      DMCA by proxy? Sounds plausible, but probably not true.

      Maybe they'll try to take it down by showing that some component or other of the hosting site is within DMCA jurisdiction.

    3. Re:Apple Playing Fair by Fnkmaster · · Score: 1

      Heh, well by American standards at least, that was the most laughable legal threat letter I've ever seen. You might be violating two vague laws in some country. Huh? Who the hell got paid to write that letter? Also wasn't it obvious to the people who ran Sarovar from day one that their site would end up being used as a haven from repressive American and European intellectual property laws for controversial Open Source and Free Software projects? Well now they've got what they wanted, and they buckled to a POS letter like that. Embarrassing.

    4. Re:Apple Playing Fair by LEgregius · · Score: 1
      My guess is that, while Apple may not "personally" mind the existence of playfair, they would have a strong incentive to remove it except maybe to keep people from using other digital players, they surely don't want it to exist because the RIAA may decide to force more stringent DRM for the next round of contract negotiations if playfair were to be easily accesible.

      We'll see from apple's response to the plea from Real how much apple cares about using their DRM to keep things proprietary, but then, maybe not. Licensing to Real would mean more music attached to the iPod only.

  7. Send in the marines! by Anonymous Coward · · Score: 1, Funny
    Gotta get those damn bastards before they cause any more trouble! Shoot them until they're dead!

    Oh, and liberate India on the way out. Hey, two birds with one stone!

    Wait, what's that? India is an ally? Oh... Um... Guess we'll just have to settle for killing those "PlayFair" guys, whatever that means. Darn, I was looking forward to my daily bloodbath. Wonder how Iraq is doing? *click*

    - G. W. Bush

  8. Time for the /. IANAL to begin by Anonymous Coward · · Score: 5, Insightful
    It seems as if their strongest argument is "take it down because Sourceforge did".
    Not only that, the PlayFair program is against the express provisions of our Information Technology Act, 2000 and the Copyright Act, 1957 and you are equally liable as accessories,
    I'm not familiar with what they are referring to. Is that Indian law, or are they doing some cross-ocean hand-waving and hoping Sarovar doesn't notice?
    1. Re:Time for the /. IANAL to begin by Aero+Leviathan · · Score: 3, Informative

      You know that RIAA notice on movies? The one that says 'protected by United States copyright law and international treaties'? And then they show the INTERPOL logo? Of which India is a member?

      Probably relates to this, too...

      --
      ~ Aero
    2. Re:Time for the /. IANAL to begin by Anonymous Coward · · Score: 1, Informative

      They are both Indian laws.

    3. Re:Time for the /. IANAL to begin by Anonymous Coward · · Score: 0

      I'm sorry, MPAA notice on movies. My bad. Or 'FBI warning' or wherever it really comes from.

    4. Re:Time for the /. IANAL to begin by cygnusx · · Score: 5, Informative

      > Information Technology Act, 2000 and the Copyright Act, 1957
      > ... Is that Indian law

      Both are Indian laws. FWIW, Indian law is largely based upon English common law. It's quite common for Indian courts to cite English and US Court judgement in their judgements. (India's tradition of of law interpretation is one reason why India has been considered a "safer" IP outsourcing destination than, say, China).

      One thing that Indian courts don't have (very apparent in criminal trials) is a jury. (It had one to begin with, it was abandoned after it was found prone to abuse) The judge alone hears arguments and interprets the law.

    5. Re:Time for the /. IANAL to begin by Anonymous Coward · · Score: 0

      Makes sense. I suppose that judges are not prone to abuse. ...

      !!!

    6. Re: Time for the /. IANAL to begin by Anonymous Coward · · Score: 1, Informative
    7. Re:Time for the /. IANAL to begin by 1u3hr · · Score: 1
      >Not only that, the PlayFair program is against the express provisions of our Information Technology Act, 2000 and the Copyright Act, 1957 and you are equally liable as accessories
      I'm not familiar with what they are referring to. Is that Indian law, or are they doing some cross-ocean hand-waving and hoping Sarovar doesn't notice?

      Google search "Information+Technology+Act,+2000"

      Hit #2:"India's Information Technology Act, 2000"
      and search for Copyright Act, 1957", hit #5: "Indiainfo Law: Enactments THE COPYRIGHT ACT, 1957".

    8. Re:Time for the /. IANAL to begin by Anonymous Coward · · Score: 0

      >that judges are not prone to abuse

      oh they are, but more accountable than arbitrary members of juries who, in a poor country like india, can be bought for a bottle or two of liquor.

    9. Re:Time for the /. IANAL to begin by mog007 · · Score: 1

      As far as interpretation of law, that's the sole responsibility for a judge. The jury exists as a group of peers that decide on guilt. The jury looks at evidence to decide if the accused is guilty or innocent. The judge the analyzes the law, and uses his or her own intepreatation to make a punishment. The jury can only recommend a punishment, not issue one.

    10. Re:Time for the /. IANAL to begin by Anonymous Coward · · Score: 0

      Don't forget jury nullification. The jury, at least in America, gets to decide either (a) the accused is guilty and should be punished, or (b) the accused is either not guilty or is but shouldn't be punished anyway.

  9. Who didn't see this coming? by MoneyT · · Score: 1, Interesting

    This certainly doesn't suprise me, however, I find something odd about the letter they posted. Something about that letter just doesn't seems right. Granted, I don't have much experience with C&D letters, but there's something about the language in the letter that seems off.

    --
    T Money
    World Domination with a plastic spoon since 1984
    1. Re:Who didn't see this coming? by Anonymous Coward · · Score: 0

      Where did you learn how to write "surprise", on slashdot?

    2. Re:Who didn't see this coming? by Anonymous Coward · · Score: 0

      It seems off because it's not a true C&D. More like a "please take it down because we asked nicely even though we know our American laws don't apply to you. SourceForge did!"

    3. Re:Who didn't see this coming? by Vandil+X · · Score: 2, Interesting

      A lot of the language in the letter was "press release" material. I'm sure Apple knew that the letter would be posted on web sites worldwide, so they probably figured "why not take the opportunity to remind people how nice iTunes, iPod, and the iTMS are!"

      Free advertising at its best.

      --
      Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
    4. Re:Who didn't see this coming? by Viceice · · Score: 1

      you're right... sounds more english then legalise. Maybe it's the way Indians write official letters?

      --
      Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  10. Good Use for Freenet by Kick+the+Donkey · · Score: 0
    Maybe this would be a good use for FreeNet.

    There'd be no way for them to force it down, if I understand freenet, anyway.

    --
    /. is a bunch of nerds at a million typewriters. It's not a political conspiracy determined to undermine your beliefs.
  11. This is why... by ArbitraryConstant · · Score: 1

    I downloaded the source the moment I saw it.

    --
    I rarely criticize things I don't care about.
    1. Re:This is why... by Anonymous Coward · · Score: 0

      You're probably too stupid to even know how to compile it.

  12. Too little ... by Anonymous Coward · · Score: 5, Interesting

    ... too late. It's out there, Apple can't get it back.

    Mind you, I don't think it's such a terrible thing for them that they can't. It's not like you can get any old AAC and remove the DRM - only ones you own. So this is no different to CD ripping with its associated risks of ripped files being shared on P2P networks.

    1. Re:Too little ... by Ardisson · · Score: 1

      So this is no different to CD ripping with its associated risks of ripped files being shared on P2P networks.

      Before Playfair : burn a CD, rip it, get DRM-free MP3

      With Playfair : directly get a DRM-free AAC

      Compression and music quality are much better with AAC: Latest AAC Encoder Comparision Results, AAC vs OGG vs MP3.

      The danger for Apple is that you can now remove DRM from ITMS files without losing quality.

    2. Re:Too little ... by IntlHarvester · · Score: 1

      So this is no different to CD ripping with its associated risks of ripped files being shared on P2P networks

      It could be different. My hunch is that iTunes have a watermark which can be used to trace files back to the original source. Since each song is individually encrypted for the user, this is possible.

      (Recall the RIAA SDMI proposal, which iTunes seems to be based on. Ed Felton, etc.)

      So, I would be careful in sharing your iTunes AAC files with the world until this can be confirmed or denied.

      --
      Business. Numbers. Money. People. Computer World.
    3. Re:Too little ... by DrXym · · Score: 1
      Yes but once you remove the DRM you can spread it around freely. It's like the MS Reader e-book reader - just run your titles through clit and they are free to pass on to any one else.


      Hence the foolishness of sitting behind a two foot wall (DRM) and thinking that somehow makes you secure. Their proprietary music format is probably more protection that the DRM on it, but assuming AAC took off that wouldn't be much use either.


      Apple should have just released files in AAC / MP3 in the first place and watermarked them. It wouldn't stop all piracy. But it sure as hell would make it easier to detect and prosecute file traders. This is itself would have a massive dampening effect since people would be loath to trade paid-for tracks for fear of having the RIAA / Apple ripping their heads off and shitting down their necks.

    4. Re:Too little ... by alienw · · Score: 1

      If the 128Kbps AAC files had any quality to begin with. Excuse me, but if you don't notice that the quality sucks, one of the following three things is true:
      - You are deaf
      - You have a very shitty pair of headphones or speakers
      - You don't listen to the music, and just use it as background noise

      Try actually listening to some uncompressed music sometime and then to the compressed version. The difference is obvious.

    5. Re:Too little ... by in7ane · · Score: 2, Insightful

      Keep in mind that Apple may not even care about 'getting it back' as was the case with the studios and DeCSS, it's profits are not directly affected since the music store is not profitable, iPods are, and the only downside is the labels complaining. So as long as Apple is seen to be making an effort (for the program not to be readily available) that's all that's required.

      Keep in mind that everything Apple has done has been to remove the program, not to go after the author.

    6. Re:Too little ... by BillyBlaze · · Score: 1

      Even if iTunes were profitable, PlayFair wouldn't affect their bottom line. It certainly won't lose them money (you can only unlock music you bought), and it has the potential to get them more customers - those who want to be legal, but, for whatever reason, can't abide by the DRM, and don't mind breaking an unenforcable and unethical clause in the contract.

    7. Re:Too little ... by Anonymous Coward · · Score: 0

      Finding a watermark should just be a matter of decrypting two copies of the same song and checking for differences.

  13. Why? by minus_273 · · Score: 5, Insightful

    Why? if you dont like the itunes licence, don't use it. There are other ways of getting music online either legally or illgally. There are WMA options or you could just buy a real CD. When you bought the song on itunes, you agreed to the licence
    The way people are talking here, it is ok if you bought a box of GPL software, decided it had commercial potential then released it. I make the comparison becasue, like the GPL, in the itunes system, you understand clearly what you agree to when you get it.
    How is violating the itunes licence (that being you can share it with 3 machines, unliited ipods yada yada yada) different from voilating the GPL?

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:Why? by Anonymous Coward · · Score: 0

      Let me try to rephrase what you said, just so I can make sure I understood you. Basically, you're saying that violating some sort of agreement, is similar to violating some other agreement....

      Interesting indeed....

    2. Re:Why? by Anonymous Coward · · Score: 0

      > How is violating the itunes licence [...] different from voilating the GPL?

      The difference is that the GPL is designed to give you more rights than standard copyright, while the iTMS license is designed to take away rights. Thus, if you don't comply with the GPL you automatically violate standard copyright. But if you don't comply with the iTMS license, you may or may not violate standard copyright. (Obviously, you do violate the click-through iTMS contract.)

    3. Re:Why? by iamacat · · Score: 2, Informative

      The way people are talking here, it is ok if you bought a box of GPL software, decided it had commercial potential then released it.

      No, the way people are talking here, you got a box of GPL software, made changes and then installed a binary copy on your friend's machine, but intended for your own use only. Then, you refused to release the changes, saying it's fair use, not redistribution.

      There are all kinds of rights users get in addition to license - fair use, first sale doctrine, lemon law. It's good we have those and we need some more. Like escrow of a decryption program in case Apple stops supporting iTMS and people need to transfer music to another machine.

    4. Re:Why? by Anonymous Coward · · Score: 1, Insightful

      Why?

      Let's see...
      a.) Apple doesn't support iTunes on linux... or any system except for MS-windows-32 (only intel version) and Mac-os-X (do they even support MacOS 9?)

      b.) iTunes doesn't run on Wine.

      c.) Buying Real CDs would be an option, except recently, many of those are copy protected as well.

      I don't want to steal anything, I do want to play the music I bought on the computer I want to, with the normal players (Rhythmbox or XMMS) - is that really so much to ask?

      As for "don't use their service then", that sounds nice, but, please, tell me, which service should I use? None? Oh, that's realistic. Apple is the best service for us to use because:
      a.) AAC is crackable more easily than WMA, and AAC is more of a standard than WMA.
      b.) AAC sounds better than wma or mp3 (in my experience anyhow).

    5. Re:Why? by ImpTech · · Score: 1

      > The way people are talking here, it is ok if you bought a box of GPL software, decided it had commercial potential then released it.

      That *would* be ok. No license violation there. You are free to sell Debian to as many people as you want, for whatever price you want.

      While I agree with your main point (if you don't like the iTunes license don't use it), your GPL argument is fairly flawed, in that the GPL gives you rights above and beyond copyright law, while Apple's DRM is restricting your rights (i.e. fair use).

    6. Re:Why? by Anonymous Coward · · Score: 0

      Your argument is flawed. The standard copyright law allows you to hide the source codes of your software, whereas the GPL does not allow your code to be closed-source, which means the GPL does not grant you the right to keep your source codes secret. Therefore, the GPL is more restrictive of your rights than the standard copyright law in this regard. Your statement that the GPL is less restrictive than the standard copyright law is purely based on your value system; maybe this particular kind of right is not important for you, but it is a right in itself, and it is particulary important for those who are business oriented.

    7. Re:Why? by Byzantine · · Score: 2, Insightful
      As for "don't use their service then", that sounds nice, but, please, tell me, which service should I use? None? Oh, that's realistic.


      Er, why is that not realistic? If you don't like the terms (or price or restrictions or whatever) of their service, you don't use their service. You find somebody else. That's pretty much the definition of capitalism.
    8. Re:Why? by Brian+Blessed · · Score: 1

      > How is violating the itunes licence ... different from voilating the GPL?

      Here's how: The GPL is a copyright license, i.e. covering redistribution.
      You seem to be suggesting that the "itunes license" attempts to cover usage of your (purchased) copy of a piece of music. This is clearly in contradiction to any notion of fair use.

      - Brian.

    9. Re:Why? by 91degrees · · Score: 1

      Probably true, but such a complicated analogy, we might as well stick with the original situation, and simply ask "Is it likely that there are cases, not covered by the DRM mechanism, where people should not be wntitled to access the data?"

    10. Re:Why? by minus_273 · · Score: 1

      no, i mean modify the kernel to my liking and distribute it binary only as a closed source app. In such a case, i got it with the GPL since it was the easiest thing to get. Later I decided that the GPL just didnt cut it when i need to distribute it as closed source so, i ignore it.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    11. Re:Why? by Anonymous Coward · · Score: 0

      Adapting the service to meet your needs also falls under the definition of capitalism. Playfair removes the #1 adoption issue with iTunes and may actually increase sales (using slashbot logic here).

    12. Re:Why? by Anonymous Coward · · Score: 0

      Nonsense... *you* can release *your* software under whatever license you like. But when you combine it with GPLed software... you must abide yb the GPL. Let's say you create a patch for a GPLed app - you may license your patch under the "Hitler license", which prohibits Jews from even reading it. What you can't do is then combine it the GPLed program... you may distribute YOUR software how you like... not other peoples'.

      Your reasoning is flawed, and your trolling is piss-poor.

    13. Re:Why? by black+mariah · · Score: 1

      Let's see...

      a) That covers about 100% of all computers that iTunes runs on. Wow, what a coincidence. It also covers about 99.9% of all people that would ever use iTunes in the first place.

      b) Tough shit. See above. It's not supposed to. Take it up with the Wine people, or use Windows/OSX.

      c) I've heard of about three different CD's that people had problems with, all of which were later released in a non-protected version.

      It doesn't matter why Apple's service is best. You can't use it, get the fuck over it. Find an alternative. You're doing NOTHING but making excuses. Buy the fucking CD or shut the fuck up.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    14. Re:Why? by Anonymous Coward · · Score: 0

      You Linux guys never want to pay for anything. Look at Windows. Mac had the iTunes Store for a while and no shit-head on Windows tried to rip off Apple. Then Apple decided to bring it on their platform. Do you really think Apple wants to bring their software on Linux, where everyone wants to steal from them? Screw you with your third-world computer running shitty OSes.

    15. Re:Why? by dmarx · · Score: 1
      Why? if you dont like the itunes licence, don't use it. There are other ways of getting music online either legally or illgally.

      You're right! And if you don't like the Windows license, don't use it. There are other operating systems.
      And if you don't like the DVD license, don't use DVDs. There are other ways of getting movies either legally or illegally.
      And if you don't like the CD license, don't use CDs. There are other ways of getting music either legally or illegally.

      --
      "Do I dare disturb the universe?"
    16. Re:Why? by Anonymous Coward · · Score: 0

      "Why? if you dont like the itunes licence, don't use it."

      Why do people keep saying this? Here we are, in an age where you can get any music online for FREE if you want. Someone decides to play the moral pedastal and actually pay for music online, but they just decide to remove some stupid artificial restrictions on it so they can use it on more operating systems, portable devices, whatever, and people like you criticize them for it! Would you prefer that they just download it for free?

      I don't get it. Here they are, paying money to the company providing the tunes, everyone's getting their share (no matter how excessive that share may be) and everyone's happy. And now somehow somebody's pissed because Joey has removed a restriction from his file that NOBODY else fucking knows about?! What the hell?

      This is not about redistribution. That is a whole different argument. This is about somebody removing idiotic protection from a product they bought and paid for!

      And the GPL would never even be necessary if it wasn't for the overprotective copyright laws that exist. It's kind of like fighting fire with fire.

      The rules of life should be simple: are you hurting anyone by what you're doing? No? Then go right ahead.

    17. Re:Why? by Anonymous Coward · · Score: 0

      Wow, relax there Appleboy!

      This is legal, get over it.

    18. Re:Why? by Anonymous Coward · · Score: 0

      There is no distributing going on with itune music.

      Face it, even your wildly revised statement isn't comparable.

  14. A little reminder here... by bennomatic · · Score: 2, Insightful
    APPLE IS NOT THE BAD GUY!

    OK, I'll admit it, I'm a long-time Apple user. But I'm not too quick to defend them when they are wrong. The first poster had a good point in that ITMS would not even exist without some DRM, and the reason for that is not because of Apple or any other retailer. It is because without the DRM, the RIAA would not permit any sort of digital distribution.

    You want fair use? Fine! Write your own program for doing whatever you want. But to distribute a public project which is essentially a tool for excising the golden egg from the goose is not a sustainable action. Didn't anyone read Aesop's Fables as a kid?

    Forget Aesop. What about Jurassic Park? Aren't there a million examples of the same moral? "Just because you CAN do something doesn't make it right."

    --
    The CB App. What's your 20?
    1. Re:A little reminder here... by DAldredge · · Score: 1, Insightful

      Doesn't SAMBA take away Microsoft and their partner companies golden goose? What about Linux and Unix?

      Apple should improve their protection, not try to hide the fact that it is fucked up.

      PS. So much for Apple being different than other companies.

    2. Re:A little reminder here... by Anonymous Coward · · Score: 0

      Yeah. And we shouldn't arrest shop lifters, stores should just improve their protection.

      Oh no! RFID tags? wtf?!? Stupid companies!! People don't want to steal! Just give them a chance!

    3. Re:A little reminder here... by LostCluster · · Score: 1

      Apple should improve their protection, not try to hide the fact that it is fucked up.

      Unbreakable digital security is impossible. Therefore, security-by-legislation is used to assure that once the security puzzle is solved, the solution isn't published.

      It's the only way DRM's going to work. If that solution isn't acceptable, then there's no way that the ??AAs are going to accept the download industry existing.

    4. Re:A little reminder here... by DAldredge · · Score: 1, Flamebait

      How about this?

      Apple lives up to the bs the have been saying for 10+ fucking years about how they are totally different than other large companies.

      Damn it, you HC apple supporters are just like the Bush|Clinton HC supporters in that what every YOUR side does is OK but if the other side does it it is the WORST FUCKING THING in the world.

      Of course this will get mod bombed into hell soon like almost all posts about apple that do not proclaim apple the next best thing to God.

    5. Re:A little reminder here... by RezConRick · · Score: 1

      Thanks for one of the few postings on this subject that makes any sense. It's not like Apple has some kind of draconian restrictions on how you can use their music; almost any typical user wouldn't notice them. They just don't want to see iTunes music ending up on Kazaa. If Apple didn't use any DRM the iTMS wouldn't exist.

    6. Re:A little reminder here... by DAldredge · · Score: 1

      No, this is like baning all written, verbal, and TV/Video descriptions of shop lifting.

    7. Re:A little reminder here... by ch-chuck · · Score: 1

      Forget about moralizing - it just doesn't work with the rip crowd. Try as you might to appeal to a higher reason it's just not there, which explains why there will always be security guards, DRM, and the failure of utopian socialisms that assume people are 'fundamentally good' and will always do 'the right thing' if given the chance.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    8. Re:A little reminder here... by Anonymous Coward · · Score: 0

      Apple is not the bad guy?

      1. I pay for an iTune song.
      2. I want to convert the song I own to a different format.
      3. I use PlayFair to do so.

      Where am I going wrong here?

      "You want fair use? Fine! Write your own program for doing whatever you want."

      I'm glad you feel this way. I think the same policy should be implemented for analog capture devices. They shoudl be banned, and if we want fair use we could always build them ourselves.

    9. Re:A little reminder here... by needacoolnickname · · Score: 2, Interesting
      1. Apple improves their protection.
      2. Slashdot users complain even more about the DRM on the songs which they refuse to buy because to make them into any file type they want they have to work to do it.
      Damned if they do. Damned if they don't me thinks..
    10. Re:A little reminder here... by bennomatic · · Score: 1
      Sadly, you're right. You don't have to look far for examples; look at SMTP, for example. It's a sort of Utopian networking standard, and what do we get for such openness? 60% of all e-mail is now SPAM.

      I really do believe that *most* people *want* to do the *right* thing. The problem is it just takes a couple of fsking @$$holes to scroo it all up.

      --
      The CB App. What's your 20?
    11. Re:A little reminder here... by Anonymous Coward · · Score: 0
      2. I want to convert the song I own to a different format.

      See, this is where your needle of your reasoning skips a groove.

    12. Re:A little reminder here... by prockcore · · Score: 1

      But to distribute a public project which is essentially a tool for excising the golden egg from the goose is not a sustainable action.

      PlayFair is absolutely no different than DeCSS. It enables you to play m4ps on linux.

    13. Re:A little reminder here... by Anonymous Coward · · Score: 0

      "iTMS would not exist without DRM." - are you sure? What if DRM had never been invented? What if it was 100% clear that nobody would buy DRMed songs?

      I think iTMS would exist. Face it, more people will buy stuff from iTMS, simply because they can crack it if they like. You still have to buy it to crack it, and I don't think most people will go trading what they paid for.

    14. Re:A little reminder here... by Adriax · · Score: 2, Insightful

      Apple should improve their protection, not try to hide the fact that it is fucked up.

      So you WANT them to become like microsoft when it comes to DRM? Crippling the song to the point you can't even listen to it without calling the company up and requesting a 64byte key code that's only good for that particualr 30 seconds?

      There's not much you can do to "improve" drm. You can strengthen it, but that takes the usability away from the end user.
      Playfair is going to be used by competing DRM designes as proof that apple can't protect your content, and therefor shouldn't be used. And the RIAA is going to use it to bully apple into imposing stronger DRM methods or risk losing the "privelages" to distribute RIAA approved music.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    15. Re:A little reminder here... by Anonymous Coward · · Score: 0

      The original poster said that Apple can't complain about this software de-DRMing iTunes music because they didn't make their DRM fool proof in the first place. I maintain that you might as well say that shoplifting is okay because storekeepers COULD be using RFID technology (or something else) in order to prevent it. I was really only commenting on the mindset of the parent poster.

      ...Although...

      Show me a legitimate use of this software that ISN'T to violate an agreed-upon license. PlayFair doesn't need to exist. If you don't want to agree to Apple's license terms there ARE other ways of getting the music. The fact that Apple's DRM is breakable is not an invitation to break it.

    16. Re:A little reminder here... by cpt+kangarooski · · Score: 4, Insightful

      DRM is simply unacceptable. Frankly, I'm in favor of revoking the copyrights of any work that is authorizedly subjected to DRM, and to not only legalize, but encourage the circumvention of DRM. Obviously, it's perfectly fine for encryption to exist -- but there's certainly no reason we have to encourage it in the realm of works that are supposed to be published.

      You want fair use? Fine! Write your own program for doing whatever you want.

      That is also unacceptable, and frankly it's very hostile. You are basically saying that people who want to record a show off TV should have to invent and build their own VCRs; that people who want to xerox a page from a book should have to develop their own xerox machine. It's the kind of inanity that I normally only associate with people who have weevils infesting their brains. People typically create tools not only for themselves, but for the benefit of other people who may not be so able to make their own tools. Hell -- I feel quite confident that you didn't build your own computer from the grains of sand level on up. You relied on others, and that's _great_. Why should it be any different here?

      It is because without the DRM, the RIAA would not permit any sort of digital distribution.

      Then fuck them. Let's work on reforming the law so that they can't prevent it in the first place.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    17. Re:A little reminder here... by bennomatic · · Score: 4, Insightful
      If it's just about playing the files on Linux, why does it actually need to strip off all of the protection leaving an easy-to-distribute copy on the drive? Why not make something that mimic's iTunes' method of authenticating the file? Build in a little system to let your Linux machine be one of the three authorized machines that FairPlay allows.

      I'm sure Apple would not like something like that, but at least that's defensible and would not kill the goose with the golden egg, since it does not actually defeat the DRM terms to which the RIAA agreed when they licensed their content to the ITMS.

      There are three reasons not to do something this way:

      It's harder! Cry me a freakin' river. If you don't like the DRM, go buy the CDs at a store and rip them to MP3s yourself!

      But I want to distribute my MP3s over Kazaa because information wants to be free! Information wants to be free as in speech, it's true. But that doesn't mean that it should be free as in beer. Beer wants to be free, but someone does actually have to pick up the tab if you want there to be more beer. Yes, I know all the arguments, and I have not lost any sleep over Metallica's lost sales, but all in all, I believe that the artist who creates something should be allowed to make the decision as to how it is distributed, and their fans should respect that decision.

      I want to put this music on some device other than that damned overpriced iPod! So use a different music service! All the other services support much more byzantine DRM which fills the coffers of a bigger, badder company, which will not be named here. The merits of the iPod vs. other players can be discussed ad infinitum, but if, at the end of the day, you want to download your music legally and use a non-iPod device, just use a different service. Or buy the CDs and rip them yourself. I guess there is another reason, a la Mt. Everest. I want to challenge the DRM because it's there. I don't have a good argument against that. Do it all you like. Just don't distribute the program so that anyone else can do it without a shred of technical knowledge.

      In short, do the right thing, m'kay? It's worth it in the end.

      --
      The CB App. What's your 20?
    18. Re:A little reminder here... by Adriax · · Score: 0, Flamebait

      What if DRM had never been invented? What if it was 100% clear that nobody would buy DRMed songs?

      If the RIAA had never gotten to the point it has, then yes, your point stands, but if iTunes didn't place DRM on it's music then the RIAA would refuse to allow them to distribute their music, killing the service because there wouldn't be nearly enough demand for the music it could distribute.

      And DRM is just an extension of the same securities that prevent a hacker from defacing your website and rewriting your HD files, or even posting as you on slashdot. While a slightly different implementation, that login promt you get is what validates your browser as allowed to upload comments under your name.
      Without DRM at all, computers wouldn't exist as they do today, and the internet wouldn't exist either.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    19. Re:A little reminder here... by Adriax · · Score: 1

      No, this is a tool that automates circumvention of a security system, like lockpicks.
      The convience stores where I live don't let HS students wear their backpacks into the stores. Purely an anti-shoplifting measure, and no one cares because there's no reason for someone to wear their backpacks into a tiny, single room store.

      Now, if they started sueing people who wrote out the steps to burn the music to a CD, then re-rip it without the DRM, then I would agree with you.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    20. Re:A little reminder here... by Anonymous Coward · · Score: 0

      why does it actually need to strip off all of the protection leaving an easy-to-distribute copy on the drive?

      Probably only because it's much easier to remove the DRM than it is to reverse-engineer Apple's DRM infrastructure.

      Especially as FairPlay is Apple Proprietary(tm). (AKA, if they licenced it to Real, then Linux users would have a player and wouldn't be able to complain as much.)

    21. Re:A little reminder here... by Adriax · · Score: 1

      And how is you clearly anti-apple hatespeech any different from the "apple loving freak" speech your're so angry at? Ya know, I get the feeling you're either an anti-mac zealot, or have some stake in a DRM technology that competes with fairplay.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    22. Re:A little reminder here... by Adriax · · Score: 1

      DRM is simply unacceptable. Frankly, I'm in favor of revoking the copyrights of any work that is authorizedly subjected to DRM, and to not only legalize, but encourage the circumvention of DRM.

      I'm not even going to bother trying to argue against this, I'm just going to track you down and take your computer. And heaven help you if you have a locked door in my way, I'll go to your city hall or apartment owner and demand you lose rights to your property for implementing a security device to keep me out.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    23. Re:A little reminder here... by delus10n0 · · Score: 1

      VideoLan actually does this; if you want to use VideoLan in Linux to play your iTunes files, you first have to generate the client/user keys by playing back your M4P's on the Windows version of VideoLan. This generates a folder on your hard drive that contains all the user keys (I believe it's \Documents and Settings\Application Data\drms\) -- You then map/copy that folder to your Linux OS, and point VideoLan towards them. It can then decode/play back M4P's without writing new unencrypted files.

      There is a whole walkthrough for doing this on the VideoLan website. See here and here.

      I had written a program to batch-call VLC through the command line and demux and strip out the iTunes DRM (M4P-> M4A), but now I have playfair working correctly so I don't need it anymore.

      --
      Not All Who Wander Are Lost
    24. Re:A little reminder here... by Anonymous Coward · · Score: 0

      Shorter Macinista apologist: DRM - it's way cool!

    25. Re:A little reminder here... by cpt+kangarooski · · Score: 2, Interesting

      The thing is, DRM is an attack on copyright. It is profoundly anti-copyright. Copyright envisions that a) the public gets to decide what the scope of copyright is, b) copyrights must ultimately expire. DRM seeks to prevent both by letting the creator determine the scope of protection (e.g. it's legal to make backups of software you own a copy of per 17 USC 117, but DRM might hinder your attempts to meaningfully do so) and since DRM never goes away, the creator's control doesn't expire when the copyright term does.

      If we want the copyright system to work properly, we need to stamp out DRM wherever it rears its ugly head.

      I am not against people using encryption, of course -- just against works being protected by both copyright (which requires no DRM) and encryption at the same time. Encryption is great for privacy, just bad for published works. If you're going to publish with DRM and without copyright, that's your perogative, but just as we would applaud someone who discovered a long-lost creative work of significance (e.g. digging up an ancient sculpture or something) we should also applaud those who break DRM so as to get public domain works meaningfully into the public domain.

      Your idiotic attempt at a counterargument in the real world is, well, idiotic, because this is a discussion about copyrights, and they're a whole different kettle of fish.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    26. Re:A little reminder here... by Anonymous Coward · · Score: 0

      Criticizing Apple is hardly "hatespeech", zealot boy. Most people don't live in your moronically polarized world.

      Hardly anyone is an "anti-mac zealot", because you can go through life without ever even encountering a Mac. For the majority of people, Apple is either irrelevant or ranks somewhere below their television set in personal importance. Most of these folks are just trying to get a rise out of you Macbois because you are so zealous about everything apple, no matter how ridiculous it is.

    27. Re:A little reminder here... by shepd · · Score: 1

      >I'm not even going to bother trying to argue against this, I'm just going to track you down and take your computer. And heaven help you if you have a locked door in my way, I'll go to your city hall or apartment owner and demand you lose rights to your property for implementing a security device to keep me out.

      If he sold you the door, I think he'd say "Feel Free". He'd probably also be laughing along with the police officer when you tell them that.

      Oh, yeah, you forgot about the fact that all of this discussion is about stuff people have paid for... right?

      To use this utility, and generally any DRM-stripping utility, you need to have the original DRMed item in hand. Which pretty much means you paid for it.

      Since when did it become right for someone to sell a door locked into a frame, and at the same time tell people that after installing the door, they have to pay a fee each time they unlock it?

      You bought it. It's yours. You can crush it, wipe your ass with it, or give it to a a bum on the street.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    28. Re:A little reminder here... by diamondsw · · Score: 1
      "People typically create tools not only for themselves, but for the benefit of other people who may not be so able to make their own tools. Hell -- I feel quite confident that you didn't build your own computer from the grains of sand level on up. You relied on others, and that's _great_. Why should it be any different here?"

      Did I just get linked off of /. or something?

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    29. Re:A little reminder here... by cpt+kangarooski · · Score: 1

      I don't understand. Could you clarify your post?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    30. Re:A little reminder here... by Anonymous Coward · · Score: 0

      "APPLE IS NOT THE BAD GUY!"

      No, but they're not the good guy either.

      And iTunes is no goose laying golden eggs either. Far from it.

    31. Re:A little reminder here... by Anonymous Coward · · Score: 0

      The first poster had a good point in that ITMS would not even exist without some DRM, and the reason for that is not because of Apple or any other retailer. It is because without the DRM, the RIAA would not permit any sort of digital distribution.

      If Apple really care about more than TODAY's dollar, they wouldn't have done itunes. Instead they would stood with the people and stared down the RIAA/MPAA/et al. They don't want to release without DRM, then fine, DON'T release.

      Someone WILL come along who thinks that clinging to the old ways and using DRM to artificially enforce the economics of scarcitry is just bad business. They WILL publish without DRM. They may be small at first, but once they start making money the rest will be forced to adopt new, net-friendly business models (like escrowed releases for example).

      Eventually the wall will come down and maybe so to will the old guard with their intrenched interests that have nothing to do with artistry.

      But, by popularizing itunes, simply to sell ipods, Apple just prolongs the status quo, supporting the entrenched powers and making life that much more difficult for those small companies who are looking at alternate distribution models.

      Like you said, "Just because you CAN do something doesn't make it right" Apple did the wrong thing here, they chose relatively small short-term gains over any sort of rapid improvement for both the average consumer and the average musician.

      Gee thanks Apple!

    32. Re:A little reminder here... by Anonymous Coward · · Score: 0

      Nice troll, but copyright is just an incentive to get people to publish, not a recognition of any sort of property rights.

      At the end of the day, when the copyright expires, the works revert to their natural home in the fully-copyable public domain. If the monopoly recipient has locked them down with DRM in the meantime, so that the works are not readily copyable when they hit public domain, just who is cheating whom?

    33. Re:A little reminder here... by DAldredge · · Score: 1

      Why I typed wasn't hate speech.

      What follows is hate speech.

      Peple like you who are to fucking stupid to understand basic English should be shot and left to die.

      THAT is hate speech.

    34. Re:A little reminder here... by SB5 · · Score: 1

      Do the DRM's misteriously disappear when the copyright term is up? They do eventually become public domain right? I know it is probably a long time away since the entertainment industry is the only industry where they try to delay things getting into the hands of public domain.

      --
      If what you are reading sounds funny, or sarcastic, lame, or stupid
      it is because it is supposed to be. just laugh
    35. Re:A little reminder here... by Adriax · · Score: 1

      The thing is, attacking all DRM is a death sentence for fair use because we as consumers don't have as much say over the content or copyright laws as the RIAA does.

      Fairplay isn't some massively restrictive DRM scheme that forces you to sacrifice a live virgin every time you want to listen to a song, and apple isn't beating down the doors of anyone even remotely related to this and sending them to prison for 20 years.

      Learn to pick your battles, and some day fairplay's setup may become the worst we'll have to deal with.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    36. Re:A little reminder here... by cpt+kangarooski · · Score: 1

      The thing is, attacking all DRM is a death sentence for fair use because we as consumers don't have as much say over the content or copyright laws as the RIAA does.

      All that I see there is that it's time for the public interest to retake control of copyright legislation. RIAA et al usurped it; it's not appropriate for them to have a significant say in this.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    37. Re:A little reminder here... by bennomatic · · Score: 1
      If you care about getting Britney Spears' "Poison" in a listenable format in 20 years, by all means, break the DRM then.

      What's more likely to happen by that time is that some company like Rhino Records will put out non-DRMed versions of the songs that have made it into public domain. It's not too far off from what they do now. You should check out their site. They are selling cheap cheap cheap CDs of content. If you look in the "oldies" section (which is what any current content will be in 20 years), they've got a lot of great deals. Like a box set with 32 classic songs for $19.98. That's 66 cents a song, and you get the box, the discs, the liner notes and more.

      That's for the good stuff. There's a lot of stuff nobody is going to care about in 20 years, even from a sociological or achaeological context. This thread, for one...

      --
      The CB App. What's your 20?
    38. Re:A little reminder here... by Adriax · · Score: 1

      The two main rules of engagement, "Know yourself" and "Know your enemy".
      Fairplay will hurt the RIAA's stance in the long run, but only if we don't kill it because it's the easiest to circumvent of the DRM schemes. Take what you can, and use it as leverage to push the other way.

      Remember, talk on slashdot is all fine and good, but unless you have a plan to mobilize a couple hundred million americans to speak out against DRMing music, then attacking indiscriminately will only hurt our position.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    39. Re:A little reminder here... by cpt+kangarooski · · Score: 1

      Remember, talk on slashdot is all fine and good, but unless you have a plan to mobilize a couple hundred million americans to speak out against DRMing music, then attacking indiscriminately will only hurt our position.

      I'm working on this.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    40. Re:A little reminder here... by Anonymous Coward · · Score: 0

      "The first poster had a good point in that ITMS would not even exist without some DRM"

      Well then maybe it shouldn't exist. I'm not willing to accept "minor casualties" for a war that is based on egotistical posturing, so why should I accept a loss of my rights as a consumer so some other company can maintain control over something that's already passed out of their hands? It's NOT WORTH IT.

      "It is because without the DRM, the RIAA would not permit any sort of digital distribution."

      Too bad for them, then. Honestly, it is *their* loss, not mine. They can either offer me music at a fair price with fair terms (ie. I do anything I want with the music except copy it out to others, etc), or I fucking download it for free. What's it gonna be?

    41. Re:A little reminder here... by StillAnonymous · · Score: 1

      I see it the other way around. DRM with content companies is like the government with taxes. Once they get their foot in the door with a new one, they will NEVER give it up.

      If you accept "fairplay" now, you're only opening yourself up to further abuse from the industry in the future.

      The Cap'N is right. Copyright is designed to benefit both parties over time, and DRM removes any consumer benefit.

    42. Re:A little reminder here... by Anonymous Coward · · Score: 0

      Since when did life+100 years become 20 years. And what if the master got lost or destroyed (has happened a lot of times).

    43. Re:A little reminder here... by Anonymous Coward · · Score: 0

      It's not fairplay that is the issue. It's the fact that it's protected by law that's the problem. And the battle is against thje law, not the DRM. So yes, we are in fact picking the right battle.

    44. Re:A little reminder here... by John+Hasler · · Score: 1

      > ...if you want to use VideoLan in Linux to play
      > your iTunes files, you first have to generate the
      > client/user keys by playing back your M4P's on the
      > Windows version of VideoLan.

      So you can't use VideoLan in Linux to play iTunes files unless you have Microsoft Windows. How useless.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    45. Re:A little reminder here... by John+Hasler · · Score: 1

      > If you care about getting Britney Spears'
      > "Poison" in a listenable format in 20 years...

      You haven't been paying attention. It's 120 years now.

      > ...by all means, break the DRM then.
      > What's more likely to happen by that time is
      > that some company like Rhino Records will put
      > out non-DRMed versions of the songs that have
      > made it into public domain.

      It will still be a crime to break the DRM even after the contents are public domain.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  15. You must have been waiting to post that.. by Anonymous Coward · · Score: 0
    Or you copied it from an earlier post ;)

    That was up there pretty quickly!

    1. Re:You must have been waiting to post that.. by Anonymous Coward · · Score: 0

      Or he's a subscriber, and typed it up while it was in the Mysterious Future.

    2. Re:You must have been waiting to post that.. by Anonymous Coward · · Score: 0

      Or he's an Apple astroturfer who caught it while it was in the Mysterious Future.

      It's on par with every other Apple apologist line of reasoning. If you start out with ``Apple Can Do No Wrong,'' you get stuff like the gp laid out.

  16. T-Shirt? by kyoko21 · · Score: 1

    When do we get to see a T-shirt version of the playfair application? I'd like to see Steve Jobs making people to stop wearing the T-shirts. Though I suppose he could maybe stop people from making them in the first place.

    1. Re:T-Shirt? by Wudbaer · · Score: 1

      Seeing that Steve Jobs seems to be sometimes a little choleric I really could imagine him tearing those T-Shirts off people wearing them personally. With a flamethrower. ;-)

    2. Re:T-Shirt? by kyoko21 · · Score: 1

      Perhaps the /. community could get someone from the WWE to wear the T-shirt. I'd like to see Steve Jobs go after him. Well, maybe if they get a female wrestler to wear it....

      Oh man, flash backs of Dead of Alive!

  17. For everybody defending Apple's DRM by Anonymous Coward · · Score: 2, Insightful

    how would you react if, hypothetically, it was Microsoft or Real who introduced iTMS. Exact same conditions, etc, etc. And then someone cracks the DRM, and they use DMCA to hunt down them down. How would you react? Please be honest.

    1. Re:For everybody defending Apple's DRM by geekbox5 · · Score: 2, Funny

      Well, it's different. Apple doesn't make an operating system or media player.....er...wait.... *runs off*

    2. Re:For everybody defending Apple's DRM by minus_273 · · Score: 1

      Honestly, i probably wouldnt buy from them. End of the matter. Alternatively, if i did get songs from the site, i probably wouldnt have a problem with it (given it is the exact same thing) the reason being, if you look at the licence, it not all that bad. It doesn't bother me until i want to distribute the song which i shouldnt be doing anyway.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    3. Re:For everybody defending Apple's DRM by Anonymous Coward · · Score: 0

      Ok if you want to be realistic. If it was Microsoft you would have to pay .99 cents for each device you wanted to play the song on, not just .99 for a song. If this was microsoft you would ONLY be able to play it on microsoft hardware (no burning and re-ripping circumvention). If this was microsoft the songs would not play 1/4 of the time and you would have to download the song 2 or 3 times before it was playable. There is no way in hell ms would set up a system like this with the exact same conditions without some competition forcing their hand. So why even ask the question.

  18. Re:Do this instead by MoneyT · · Score: 5, Insightful

    With the exception that the terms of purchasing the songs from the iTMS as specificaly stated in the contract presented to you before you enter into the transactions was that you would not circumvent the DRM on the file.

    --
    T Money
    World Domination with a plastic spoon since 1984
  19. Fine by me. by the+unbeliever · · Score: 3, Informative

    I could care less about this program.

    Anyone who's concerned about what little DRM Apple has put in the ITMS files can just burn it to an audio cd (on a rewritable disc) and then rip it to MP3. It's what my girlfriend and I do.

    (besides, I could never get the win32 version of this program to do anything other than spit out the help file)

    1. Re:Fine by me. by jkabbe · · Score: 1, Interesting

      Anyone who's concerned about what little DRM Apple has put in the ITMS files can just burn it to an audio cd (on a rewritable disc) and then rip it to MP3. It's what my girlfriend and I do.

      I have been told you can even use Toast to do this without creating a coaster.

      But, honestly, this was bound to happen. If you can use Quicktime to play the song on your computer, it was only a matter of time before someone wrote a program to take that audio stream and recompress it to AAC (or any other format). Sure it's lossy, but it's good enough.

      Of course, for me, having the songs stored in Fairplay encrypted AAC is good enough :)

    2. Re:Fine by me. by Anonymous Coward · · Score: 0

      Oh for the love of fucking god.

      The phrase is "couldn't care less"

    3. Re:Fine by me. by JudgeFurious · · Score: 0, Troll

      Absolutely dead on fucking correct.

      Every single person complaining about Apple doing this is irrelevant to the whole concept of iTunes. They're either flat out thieves who aren't going to be happy with anything that anyone on the face of the earth comes up with unless it gives them the "keys to the kingdom" with no questions asked or they're hair splitting posers who'll bitch about it on principle alone until the sun burns out.

      The rest of us are buying our music and enjoying it and the almost invisible DRM that has to be there. End of story

      --
      Appended to the end of comments you post. 120 chars.
    4. Re:Fine by me. by Anonymous Coward · · Score: 0

      ...my girlfriend and I...

      Liar.

    5. Re:Fine by me. by Anonymous Coward · · Score: 0
      If you can use Quicktime to play the song on your computer, it was only a matter of time before someone wrote a program to take that audio stream and recompress it to AAC

      If you know how to use the QuickTime API, you can use QuickTime to directly transcode the file, without having to capture the stream.

      The iTMS is a joke, and I'm sure Apple knows it. However, they have to go throught the motions if they don't want the RIAA to yank their license.

    6. Re:Fine by me. by Anonymous Coward · · Score: 0

      The DRM *doesn't* have to be there.

      Why three computers? Why allow burning to CD then? they are making fair use of the product *you bought* impossible.

      What if I told apple that the money I paid over to them was only to be used in certain ways?

    7. Re:Fine by me. by Brian+Blessed · · Score: 2, Insightful

      > I could care less about this program.

      I'm not a iTMS customer, but I care about this program.

      It's the thin end of the wedge, and we need to be reacting to these DMCA takedowns. I don't see any reason for someone to be unable to choose to distribute the source code to any program that they have created. I want to protect this idea as a fundamental principle because otherwise more companies or "industry groups" will erode it and attack other free software projects.

      We shouldn't be in a position where people are talking about whether ${SOME_COMPANY} will permit us to distribute our programs.

      - Brian

    8. Re:Fine by me. by Geoffreyerffoeg · · Score: 1

      Repeat after me. You did not buy the song. Full rights to the song cost millions of dollars.

      For e.g. charitable organizations, the money you give them is only to be used in certain ways. And haven't you heard of loans? You pay less than the full value of the money (interest) to get access to the money, but you're given rights only to use it in certain ways.

      And yes, the DRM has to be there. Why else are the music labels so willing to stock the iTMS?

      And fair use != freedom to do whatever you want with creative works noncommercially. Methinks thou dost misunderstand the term.

    9. Re:Fine by me. by Anonymous Coward · · Score: 0

      MOD PARENT UP, it is correct.

    10. Re:Fine by me. by mehtajr · · Score: 1
      I have been told you can even use Toast to do this without creating a coaster.

      Yup, sure can. The DRM is done by QuickTime, (which I think means any QT capable app can do this, at least on the Mac side).

      Drop the tracks on Toast like you're burning an audio disc. Then select them (after Toast does its conversion) and click "Export" instead of burning the disc. You get fresh, clean, non DRMed AIFF files. You can then use iTunes to convert them to MP3 or AAC.

      But don't tell anybody lest they remove this feature. It'll be our little secret.

    11. Re:Fine by me. by delus10n0 · · Score: 1

      I just want to be able to play my songs whereever I want, whenever I want.

      All of my iTunes (around 200+ now) are on a portable hard drive. I should be able to take that drive anywhere, plug into my laptop.. my friend's PC.. my work PC.. etc. and play the songs without having to "authorize" a machine.

      Nor do I want to have to deal with installing an application (read: iTunes) that has a horrible/resource-inefficient UI (brings my 1GHz laptop to a crawl) when there are much better designed and implemented players out there that can run standalone, and do not need Quicktime or iTunes installed.

      I'm not a pirate, and I wish companies would learn not treat their customer base like they are.

      --
      Not All Who Wander Are Lost
    12. Re:Fine by me. by hiroshi912681 · · Score: 1

      I had the same problem (using win32 ver on XP), but then I found out the file needs to be in quotations and the directory MUST be specified (bad documentation)

      example:
      playfair "itune.m4p" C:\

      unfortunately, after all that... I still get:
      Couldn't get DRM key for user.

      many people don't get that error, so it might help you

      I don't have an ipod (they say you don't need it, right?), I unhid the itunes drm folder in application data (all users), and I have the first version of itunes (not sure if that causes a prob)....

      so after all this trouble, I just recorded it to my Archos AV120 digitally. I can't tell the difference.

    13. Re:Fine by me. by Anonymous Coward · · Score: 0

      You COULDN'T care less ... if you can care less, that means you do care. This is one of my pet peeves.

    14. Re:Fine by me. by Anonymous Coward · · Score: 0

      I'm sick of Apple boys defending their DRM, too. Welcome to my foe list.

    15. Re:Fine by me. by Anonymous Coward · · Score: 0

      I *bought the copy*. I do not own the song. Correct. However, that song copy I *have* bought.

      The money I handed over (UK pounds) says "promise to pay the bearer on demand the sum of...". Not *real* money. Just a note from the bank of england that tehy will give real money to the bearer.

      So, Apple DO NOT OWN my money either?

    16. Re:Fine by me. by Anonymous Coward · · Score: 0

      I used playfair because I put one of my "licenses" on my PC and when I switched mobos, windows died and I had to format and lost that license forever.

      I don't share my music with anyone else, or anything like that.. I just didn't want to waist another license on my PC which I don't want to worry about formatting when windows pisses me off.

    17. Re:Fine by me. by Powercntrl · · Score: 1

      Almost invisible if you don't want to buy an iPod?

      Almost invisible if you have a computer that can't run iTunes?

      Almost invisible if the iTunes store goes under?

      What's really almost invisible are your FAIR USE RIGHTS TO THINGS YOU HAVE LEGALLY PURCHASED!

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    18. Re:Fine by me. by JudgeFurious · · Score: 1

      Well, again like I said to the idiot who was kind enough to label his reply to my post "idiot" so he'd be easier to spot I don't think iTunes is for you.

      I understand you don't want to have to do that stuff. I understand that you want to do things your way. I understand that you don't want to have to install iTunes because it's something less than efficient.

      The great news is that you don't have to install iTunes and you can buy a CD from the store that will play in anyones computer you want to stick it in. You can also rip your CD to mp3's and then drag a hard disk full of those around making you free to carry it around to everyones computer you want to visit.

      It's not like iTunes membership is mandatory.

      I just wanted to play my songs whereever and whenever I wanted to back in the day too. I had a cassette player and bought my music on cassettes. Sometimes I'd get in a car that only had an AM/FM stereo though and my cassette wouldn't play there. Other times the car would only have an 8-track player and so my cassette was useless there too. Every format is going to have limitations of some sort. Buy some LP's and see how easy it is to enjoy your music while jogging for instance.

      They aren't treating you like a pirate delus. They're treating the people who made Fair Play like they would treat anyone who decided to "alter the bargain".

      --
      Appended to the end of comments you post. 120 chars.
    19. Re:Fine by me. by Anonymous Coward · · Score: 0

      Yeah go ahead and troll me you monkey fuckers.

      Slashdot moderators are the best argument against any form of direct democracy. They think anything they don't agree with is a troll and slap it down without the slightest understanding of the point.

      Moderate this you fucks!

    20. Re:Fine by me. by JudgeFurious · · Score: 1

      You go man, fight that power! Take it to "the man"! while you're fighting it.

      While you're at it tell me again how you're only able to buy these songs through iTunes Music Store? I'm lost on that part because I had this stupid idea that you could still just go buy a CD and make yourself some DRM free mp3's from it.

      And if you don't want to buy an iPod AND don't have a computer capable of running iTunes then I submit to you that the DRM is completely invisible since you ain't got none of those songs in your posession anyway (unless you downloaded them or copied them from someone else to spite "the man").

      If the iTunes music store goes under then it would probably be wise to have made some CD's out of them IMO. Of course if it goes under it will probably have something to do with a bunch of want to be activist bastards pissing of the labels enough to make them back off of the prospect of digital music. In that case I'll have a pretty good idea who to blame won't I?

      --
      Appended to the end of comments you post. 120 chars.
    21. Re:Fine by me. by JudgeFurious · · Score: 1

      Uh, ok. So what.

      --
      Appended to the end of comments you post. 120 chars.
    22. Re:Fine by me. by delus10n0 · · Score: 1

      Purchasing a CD from the store would negate the iTunes arguement entirely.

      There are reasons why people (and myself) do purchase songs from iTunes, and just a few of those off the top of my head:

      - Don't have to purchase ENTIRE cd; lots of albums have one or two decent songs, the rest is crap.

      - Cheaper to buy a song for $.99, and with most full albums being $9.99; it's cheaper than buying a real CD.

      - Digital format that won't degrade or "break" over time. Even a CD will lose it's signal over time, and become scratched with repeated usage (not to mention taking it in/out of a holder.)

      - Quick/easy delivery; I don't have to go to a physical store location, browse racks, wait in line and pay for the CD. I click "buy" and it's downloaded instantly. Much faster and less hassle.

      Your example is a flawed one; just because _you_ didn't have the means to play back that media doesn't mean someone else didn't.

      And they are treating me like a pirate when they "protect" me from using something I purchased in whatever legal way I want.

      --
      Not All Who Wander Are Lost
    23. Re:Fine by me. by Powercntrl · · Score: 1

      While you're at it tell me again how you're only able to buy these songs through iTunes Music Store? I'm lost on that part because I had this stupid idea that you could still just go buy a CD and make yourself some DRM free mp3's from it.

      That assumes the purchaser is only interested in full albums, just like you assumed I was talking about owning a SINGLE computer incapable of running iTunes. Stop making assumptions, it doesn't make your argument look better.

      And if you don't want to buy an iPod AND don't have a computer capable of running iTunes then I submit to you that the DRM is completely invisible since you ain't got none of those songs in your posession anyway (unless you downloaded them or copied them from someone else to spite "the man").

      I do have an iPod. I do have several computers capable of running iTunes. I also have several computers incapable of running iTunes and a non-Apple portable MP3 player (a MuVo2). You assume too much. Why should I be forced by Apple to use my legally purchased music only on devices that have Apple's blessing through some artifically imposed technical restrictions?

      If the iTunes music store goes under then it would probably be wise to have made some CD's out of them IMO. Of course if it goes under it will probably have something to do with a bunch of want to be activist bastards pissing of the labels enough to make them back off of the prospect of digital music. In that case I'll have a pretty good idea who to blame won't I?

      DeCSS didn't cause production of DVDs to stop, did it? If iTunes folds, it will be due to competition from other online music stores, not because of people unprotecting songs they've legally purchased.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    24. Re:Fine by me. by Anonymous Coward · · Score: 0

      I'm one of the people that commented against your position of iTune's DRM being "invisible". I also happen to have mod points right now. I gave up the ability to moderate this discussion in order to post my reply. Not everyone who can moderate is so quick to mod down something they disagree with.

    25. Re:Fine by me. by JudgeFurious · · Score: 1

      So you have an iPod along with several computers capable of running iTunes. So you're talking now about DRM that's "almost invisible" right?

      That's what we're arguing about? You can take your music with you in your iPod but your other player can't do it? You can listen to your music on only "some" of your computers and not all of them like you want to?

      Think about how much better you have it then people only 10 years ago. They bought a CD (whether they wanted one song or all of them) and listened to it in their CD player. Some of them listened to it in their computer too and still others had a CD player in their car and a Discman they could walk around with. All the things you guys have and can do today and the focus is on little more than the handful of things you can't do.

      And DeCSS does not compare to this. At least not in anything but a superficial manner. In DVD's there was the standard, in digital music today there are a number of standards. MP3 (labels aren't touching it), WMA (what you're going to get at the rate things are going, can't wait to see the long list of complaints when everyone selling tunes online is using this), and ACC for instance.

      Now if the labels decide that iTunes has been compromised (I understand how stupid that sounds, bear with me and think of who we're talking about) and throw up their hands what camp do you think they're going to land in? What format are your next downloaded tunes going to be in? How much fun are those restrictions going to be to work around?

      --
      Appended to the end of comments you post. 120 chars.
    26. Re:Fine by me. by Anonymous Coward · · Score: 0

      Comical. I also have mod points today. What are the odds.

    27. Re:Fine by me. by Powercntrl · · Score: 1

      That's what we're arguing about? You can take your music with you in your iPod but your other player can't do it? You can listen to your music on only "some" of your computers and not all of them like you want to?

      It's the artificial playback restrictions placed upon the music that I have a problem with. I like my iPod and I think it's a great MP3 player, but it's not the end-all-be-all of portable audio playback. I've got a few gripes about the battery and the audio quality through headphones (due to having no user customisable IQ, just a bunch of worthless presets) so my iPod mostly gets used just in my car. I actually prefer my MuVo2 as a portable due to MUCH better battery life and audio quality.

      Think about how much better you have it then people only 10 years ago.

      Let's go back to 1994. I'm 15... I didn't own many CDs because they were pretty expensive. I primarally just listened to the radio and if I did record my own music, it was on casette tape as my computer didn't have a whole lot of space. Still, that didn't stop me, I have a few songs in 22KHz 8-bit stereo .VOC files that I recorded as early as 1994. Still have the files too. I downloaded my first MP3 only 2 years later, in 1996.

      Getting music on my computers has always been about technical limitations of the hardware... As time marched on, I've been able to do more with newer hardware and faster online access - why should I have to settle for less?

      What format are your next downloaded tunes going to be in? How much fun are those restrictions going to be to work around?

      Ms Cleo says: WMA, most likely. Microsoft will use their dominance on the desktop to force people to use their music store, they'll undercut Apple on the pricing until Apple gives up. Apple will add WMA support to the iPod line. It'll be like Netscape all over again.

      Damn.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    28. Re:Fine by me. by binarytoaster · · Score: 1

      Toast does it without burning, yes... just use it to decode the m4p and then encode back with program of choice :)

  20. I Wonder... by tealover · · Score: 1, Insightful

    I wonder if this were Microsoft rather than Apple trying to inflict the US legal system on a foreign country in this manner, would the person who submitted this article have a different reaction and would the reaction of Slashdotters be more hostile?

    --
    -- You see, there would be these conclusions that you could jump to
    1. Re:I Wonder... by deepestblue · · Score: 4, Insightful

      Score: 4, Insightful? Last I heard, the "Information Technology Act, 2000 and the Copyright Act, 1957" are Indian laws.

  21. What's the problem? by r4bb1t · · Score: 5, Interesting

    I have one of the original 5 gig iPods that I use on a daily basis. I may be one of the "converted" or "brainwashed" or whatever you'd like to say, but I don't see what's so wrong with the minmal DRM that Apple chose to use.

    If I want, I can burn my songs to a CD. And play them in my car. Or in my house. Or at work. Or in a portable CD player.

    If I want, I can put these songs on my iPod and listen to them wherever I go.

    If I want, I can listen to these songs on my computer using iTunes.

    I've yet to find a gross infraction upon my rights to do with the music as I wish.

    1. Re:What's the problem? by Warpedcow · · Score: 1, Informative

      If I want, I can burn my songs to a CD. And play them in my car. Or in my house. Or at work. Or in a portable CD player.


      If I want, I can put these songs on my iPod and listen to them wherever I go.


      If I want, I can listen to these songs on my computer using iTunes.


      I've yet to find a gross infraction upon my rights to do with the music as I wish.


      Thats good that you can do all the things you want to do. But there are other examples of legal fair use. Like playing your purchased music on a Linux or OS/2 machine. Or suppose you have 5 macs in your house, iTunes only lets you play them on three machines! So if someone thinks that the DMCA is a bad law and doesn't care about breaking it, they could use PlayFair to simply exercise their Fair Use Rights. Yes, iTunes gives you some Fair Use, but not enough for many people.

      --
      moo
    2. Re:What's the problem? by Anonymous Coward · · Score: 0

      You are brainwashed, you are chiming the same line as every other "good enough for me" goodie two shoes. I suppose it doesn't hurt as much if you relax your sphincter, but I do go that way.

    3. Re:What's the problem? by Rude+Turnip · · Score: 1

      I have four computers at home. It's a pain in the ass to keep track of authorizing/deauthorizing one computer or another just to listen to 1 song. The kicker is that I can't even *buy* music without going through the same process. It's entirely counter to Apple's philosophy of making things that "just work."

      It's so much of a pain that I've given up my $10/week iTMS habit and haven't gone near iTunes since. The bottom line for Apple is that if I can get Playfair running, they get paid again. If not, they don't get another dime. Hey, if Apple's "Family Plan" for OS X lets you install it on 5 computers, why not at least extend the Fairplay DRM to work on 5 computers?

    4. Re:What's the problem? by Anonymous Coward · · Score: 0

      So what... it's good enough for me, too. You need to remember, /. is a very tiny piece of the big picture. Joe Sixpack doesn't need to play the same file across 4+ machines. Even the Joe Sixpacks are starting to figure out that you can burn to MP3 and then rip it.

    5. Re:What's the problem? by Anonymous Coward · · Score: 0

      Well, it's easy...

      just try to play them in windows/alpha
      or... linux (any processor) remember.. the majority of people on this site use linux...

    6. Re:What's the problem? by clifyt · · Score: 1

      "Like playing your purchased music on a Linux or OS/2 machine. Or suppose you have 5 macs in your house, iTunes only lets you play them on three machines!"

      Then burn a fucking CD and play it from that. No loss of quality with that. Not as small, but you don't loose *ANY* quality from converting an AAC to AIF or WAV or CDDA. Still want it smaller, there are several formats that are lossless that you can convert it to and much smaller than any of these.

      Theres your f'n fair use.

      As for 5 machines -- yeah, I have this problem too. I have my iBook, my work PC, my home PC and my G4. I can only pick between 3 of these. Annoying sometimes. I can live with it though. If I need to have it on another machine, I burn a CD (which I have to for in my car for when I don't feel like taking my iPod with me).

      Fair use doesn't mean any and every use.

    7. Re:What's the problem? by MartinG · · Score: 1

      It's quite nice to consider what others would like to do sometimes as well as yourself. If someone offers something that adversely affects a minority I try to avoid it for the sake of that minority.

      It's why I don't buy cds with copy protection even though they work in my cd player. I just don't like the idea that those who want to copy the music to their mp3 players can't do it.

      Same with iTunes. I don't like the idea that folks can't easily make oggs to play in their iriver ihp120.

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    8. Re:What's the problem? by Paulrothrock · · Score: 1

      Why authorize/deauthorize when you can simply set up a server and pipe the music over the network? Or put it on your iPod? Or hook it up to your stereo system and use a remote control?

      Seems to me that you haven't been looking for a nice, legal solution because you're too busy/lazy to be bothered.

      --
      I'm in the hole of the broadband donut.
    9. Re:What's the problem? by Anonymous Coward · · Score: 0

      Turn this around -- if folks aren't really limited by iTunes, why are you "brainwashed" folks reacting so strongly against this thing?

      After all, it's really nothing more than a less kludgy way of doing M4P -> CD -> AAC.

    10. Re:What's the problem? by biostatman · · Score: 1

      If I want, I can burn my songs to a CD. And play them in my car. Or in my house. Or at work. Or in a portable CD player.

      Thats good that you can do all the things you want to do. But there are other examples of legal fair use. Like playing your purchased music on a Linux or OS/2 machine. Or suppose you have 5 macs in your house, iTunes only lets you play them on three machines!

      Ummm, why don't you just listen to the CD or rip it to some lossless (FLAC, e.g.) format - should not be much worse than the original AAC. Granted the disk-space usage for FLAC can be a problem, but if disk space and/or convenience is too big a problem and you are willing to take a hit on sound quality, re-rip to 192 kbs OGG/MP3/Whatever.

      Not ideal for sure, but far from draconian. If that is the price to have the relatively wide content of iTMS available at $0.99 / song, it REALLY doesn't seem like that big of a deal. More importantly, if you STILL don't like the DRM terms, THEN VOTE WITH YOUR DOLLARS DON'T BUY ANY FREAKING MUSIC FROM THE ITUNES MUSIC STORE AND STOP WHINING.

      --
      For the love of $DEITY, loose != not win!!!!!
    11. Re:What's the problem? by Warpedcow · · Score: 1

      Ummm, why don't you just listen to the CD or rip it to some lossless (FLAC, e.g.) format - should not be much worse than the original AAC. Granted the disk-space usage for FLAC can be a problem, but if disk space and/or convenience is too big a problem and you are willing to take a hit on sound quality, re-rip to 192 kbs OGG/MP3/Whatever.

      This forces the user to have a CD burner, what if they don't? Just because someone doesn't own a CD burner doesn't mean they shouldn't be allowed to exercise their fair use rights.


      Apple doesn't decide what fair use is, the law defines fair use. I think the DMCA is shit and I have no qualms about breaking that law, and neither do most people I think.


      Not ideal for sure, but far from draconian. If that is the price to have the relatively wide content of iTMS available at $0.99 / song, it REALLY doesn't seem like that big of a deal. More importantly, if you STILL don't like the DRM terms, THEN VOTE WITH YOUR DOLLARS DON'T BUY ANY FREAKING MUSIC FROM THE ITUNES MUSIC STORE AND STOP WHINING.

      I never said apple's DRM was draconian. I don't think it is at all, actually. My only argument is that there are (DMCA not-withstanding) perfectly legal uses of FairPlay for exercising fair use rights.


      BTW, I don't have a Mac or iTunes at all. I'm simply arguing the principle of the matter, that I think the DMCA is baloney and that FairPlay can be used for plenty of legal purposes. We shouldn't ban things just because they 'might' be used to commit a crime (like copyright infringement). And for the record, I'm not trying to flame Apple, I think they're great, and as soon as I have the money, I'll be getting a PowerBook.


      So settle down ;)

      --
      moo
    12. Re:What's the problem? by Anonymous Coward · · Score: 0

      So what is the problem with PlayFair, if it is so easy to circumvent?

    13. Re:What's the problem? by Rude+Turnip · · Score: 1

      All of my music (and my fiance's music) is sitting on a headless Linux fileserver running Samba, so netTunes will not work. I do have Andromeda set up on the server for streaming, but you still have to deal with the auth/deauth for each client.

      I will not spend $500 on an iPod (after all, I'd need the largest one to fit my entire collection to get the desired functionality.)

      Nor I will purchase a stereo to listen to my music. That's right, I don't have a stereo. Again, since the drm'd AAC files are on a Samba server, this is not an option anyway.

      AFAIK, using Playfair for personal use of my private property behind closed doors is legal enough. A music service placing a technical restraint on a file is not the same thing as passing a law to be obeyed. I do not share my music over the net, which really is illegal.

    14. Re:What's the problem? by winsk · · Score: 1

      If I want, I can listen to these songs on my computer using iTunes

      Yes, and you'll be able to do this on three different computers, but what happens 12 years from now when you upgrade a fourth time?

    15. Re:What's the problem? by Anonymous Coward · · Score: 0
      Yes, and you'll be able to do this on three different computers, but what happens 12 years from now when you upgrade a fourth time?

      This actually isn't an issue unless you want to have access to the music on all four computers at the same time.

      It seems that you don't know that you can de-authorize any of the past computers. Apple doesn't expect you to use the same three computers for the rest of your life...

      (One caveat: It is preferable to de-authorize the computer before you get rid of it. If you do it before, the process is very simple. If you don't have access to the computer, you will have to ask the iTMS staff to do it, and that's a drag. And they will hate you for not reading the instructions. So tell them that the computer got destroyed in an accident so they don't whine.)

    16. Re:What's the problem? by Rocinante · · Score: 1

      So what you're saying is: all PlayFair does is allow someone to do what they could already do, except 15 minutes faster and without wasting a CD? So what's the big deal with this hack?

      Really, there's a principle at work here, which is that I should be legally allowed to perform whatever arbitrary transformations I wish on data that I legally possess, and should be allowed to distribute programs which perform these transformations, provided that none of the transformations I perform invole distributing unauthorised copies of copyrighted works or derivative works thereof. Why shouldn't everybody have that freedom?

      "But, but, breaking these access restrictions will freak the media cartel out!" Well, fuck them. They can stop distributing their shit online, or at all, if they don't like people buying it and using it, or they can learn to live with new technology. What they can't do is take away my freedom because the world freaks them out.

      --
      Just trying to open someone's head! I mean "mind!" Open someone's mind, um, to the possibilities! With explosives!
  22. well enough? by SweetAndSourJesus · · Score: 1

    When a program is threatening Apple's business, that may be well enough for you, but not for them.

    --

    --
    the strongest word is still the word "free"
  23. pre-emptive mirror by mattser_of_puppets · · Score: 1

    mirrored do we /. this server AGAIN? countdown to this appearing on p2p near you 5... 4... 3.. 2..

  24. hypocrite by Anonymous Coward · · Score: 0

    If it were Microsoft doing the same, everyone would be jumping all over them. Slashbots are pathetic.

  25. next stop.... by hyperstation · · Score: 1

    sealand!

    (it's still illegal for americans to conduct private business in iran, right?)

    1. Re:next stop.... by Anonymous Coward · · Score: 0

      Bulgaria, or Russia are good stops for such software.

      Nobody can take it down there...

    2. Re:next stop.... by Anonymous Coward · · Score: 0

      Yes, but the Irish can. I know one Irishman who's doing lots of business in Iran... his name is Hal O'Burton.

  26. Fine. Here is how. by Anonymous Coward · · Score: 0

    "into the transactions was that you would not circumvent the DRM on the file"

    Easy enough. Make a copy of the file you downloaded. Circumvent the DRM on the copy you made, while obeying the contract by leaving the DRM alone on the copy you actually bought.

  27. Re:Do this instead by JanneM · · Score: 5, Interesting

    Which, of course, would only be binding in those jurisdictions where such a condition would actually be legal and enforceable. In Sweden, for example, any DRM used specifically for the purpose of hindering fair-use provisions (such as copying, media transfer and so on) are explicitly allowed to be circumvented.

    --
    Trust the Computer. The Computer is your friend.
  28. Why Playfair? by wersh · · Score: 1

    From what I understand, Playfair's functionality is rooted in the OpenSource FAAD2 project, isn't it?

    Why, then, is Apple pursuing Playfair so strenuously and not really bothering with FAAD2?

    1. Re:Why Playfair? by Anonymous Coward · · Score: 0

      Because FAAD itself doesn't cause harm...

      As an example...

      WinAMP can decode WMA files
      WinAMP can also save any audio file's decoded output to disk.

      Microsoft didn't like this and so FORCED nullsoft to disable the disk-writer output when the input was a WMA file. In this case... both things were ok, but the combination was not considered ok. Obviously anyone with a compiler could fix this in short order with the winamp source. Even without, someone could make a new diskwriter plug-in that the internal block doesn't recognize (or write win32 sound drivers that dump to disk, etc.)

      Also... notice that apple isn't going after VLC. VLC lets you copy the key to another computer (which would result in more than the three machines apple wants), and lets you play on the other computer... but... the files are still encrypted. if you give away the files you have to give away the key for them to work...

  29. Re:Let's hope indeed by whelck · · Score: 5, Informative

    How many computers do you have? You can authorize the files to be played on up to three computers, and if you have more than that, just set up a iTunes server. I have one box that has iTunes which I buy the music from. Then I just leave iTunes running all the time and I can then access the music from any computer in my house.

    (you can also just burn the song to CD and rip it back as mp3...)

  30. BitTorrent mirror for PlayFair by hbmartin · · Score: 5, Informative
    --
    Karma: Bizzare (mostly affected by varying internal caffeine levels.)
    1. Re:BitTorrent mirror for PlayFair by SB5 · · Score: 1

      That's an old version.

      Version 0.5 was the latest

      --
      If what you are reading sounds funny, or sarcastic, lame, or stupid
      it is because it is supposed to be. just laugh
    2. Re:BitTorrent mirror for PlayFair by hbmartin · · Score: 3, Informative
      --
      Karma: Bizzare (mostly affected by varying internal caffeine levels.)
    3. Re:BitTorrent mirror for PlayFair by HeghmoH · · Score: 1

      Why would you use BT for this? It's a small file, so you don't really get the benefit of bandwidth sharing. And it broadcasts the IP address of every downloader to anybody who cares to look, as opposed to something like HTTP which will keep it all secret unless you sniff traffic or hack the box and steal the logs.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
    4. Re:BitTorrent mirror for PlayFair by Anonymous Coward · · Score: 0

      Agreed. Use MUTE.

  31. my usage by Anonymous Coward · · Score: 0, Interesting

    Playfair... let's me use my iTunes music library on my linux box. Tell me again why this is bad? Apple does not provide iTunes for linux, or any way to play their files under linux. I can't bring my personal machine to work because of a security policy, and I'm bound to a linux box.

    So, since playfair has been released and I can play the music on my linux box, I have purchased about $200 worth of music from the itunes store. Previously, I had about 30 songs. playfair has only resulted in increased sales for apple.

    1. Re:my usage by SuiteSisterMary · · Score: 2, Insightful

      When you set up your iTunes account, were you misled in any way about what machines you'd be allowed to play the files on? About how many times you could transfer the files? Stuff like that?

      Do you complain about not being able to drive your car on the sidewalk? It's your car, after all, you should be able to drive it however you want it.

      You want iTunes for Linux? Petition for iTunes on Linux.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:my usage by minus_273 · · Score: 1

      wine, vmware... or just don't buy from apple.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    3. Re:my usage by smacku2 · · Score: 1

      So since Apple does not have a version of iTunes for Linux, you are allowed to circumvent the DRM? That like saying I bought a copy of Adobe Photoshop for Windows but I only have a Linux machine at home so its fair use for me to try to reverse engineer the application to run directly on linux. If you want to play music on your linux box, don't download from iTunes. Its just that simple.

    4. Re:my usage by RatBastard · · Score: 1

      Everything is legal and moral if it allows you to do what you want with whatever you want on Linix. Didn't you get the memo? Linix abolishes all rules and laws. It is above the laws of Man and God. Rape, murder, incest, theft, arson, nuclear war, pyrohomonecropedobestiality, polygamy and even Republicanism is all fair game if it allows you to use something under Linux.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    5. Re:my usage by Anonymous Coward · · Score: 0
      That like saying I bought a copy of Adobe Photoshop for Windows but I only have a Linux machine at home so its fair use for me to try to reverse engineer the application to run directly on linux.

      Ok. What's wrong with that?

  32. The majority of digital music players by Anonymous Coward · · Score: 1, Insightful

    If I want, I can put these songs on my iPod and listen to them wherever I go

    That is the situation if you have the iPod, which plays the obscure non-standard AAC format. Most digital music players play MP3 format files.

    1. Re:The majority of digital music players by Anonymous Coward · · Score: 0

      Did you miss the part where you can rip to MP3 through iTunes, then use those MP3 files? 'cause apparently you did. And before you even start, STFU about your lossless crap.

  33. Re:A few thoughts more by adzoox · · Score: 3, Insightful

    You had to post this AC because it couldn't be further from the truth.

    Apple exists to serve... it does NOT serve to exist. Why push Music and Garageband? Serve a market. Why push iMovie and create iDVD? Serve a market. Why create a niche hardware item like the iSight? Serve with the BEST camera and the best solution for video conferencing. Gateway for instance - they build computers to make a profit - no innovation - nothing special - they serve to exist!

    This is the REAL disadvantage to releasing programs to Windows users. It really sucks that Apple has to deal with this and the "/. mentality" that everything should be free. That's communist. Apple is capitalist. They have a solution, it's paid. You have a free solution - Kazaa /P2P!

    I agree with the parent. If you don't like Apple DRM - don't try to circumvent it by HACKING IT - just do something that HAS NOT BEEN termed illegal - go buy the CD and then sell the CD back to a used store once you've ripped it. You'll come OUT WAY ahead of iTunes prices.

    --
    Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  34. Why use a GUI when you can run an itunes script? by Anonymous Coward · · Score: 5, Interesting

    (*
    This applescript will peruse the selected playlist for protected AAC songs, run the tracks through PlayFair, and add the stripped songs to a new playlist. This is for your own fair use...please don't ruin it for the rest of us and make your songs available on P2P networks.
    *)
    global protectedTracksFound
    global newPlaylist

    --initialize playList
    tell me to set newPlaylist to ""

    -- initialize protectedTracksFound flag
    tell me to set protectedTracksFound to false

    display dialog "This script will search for Protected AAC tracks in the selected playlist and prepare them for your own personal Fair Use...such as moving them to a non-iPod portable music player...by stripping the DRM. The original, protected, tracks will not be affected. DON'T STEAL MUSIC!"

    -- Create/Set the new playlist for the converted tracks
    tell me to handleNewPlaylist()

    -- Begin search and conversion process
    tell application "iTunes"
    set oldFI to fixed indexing
    set fixed indexing to true
    set thePlaylist to a reference to view of front window
    repeat with i from 1 to (count of tracks in thePlaylist)
    set theTrack to track i of thePlaylist
    with timeout of 300000 seconds
    try
    tell theTrack
    if the kind of theTrack contains "Protected" then
    set protectedTracksFound to true
    set fileLoc to location as string
    display dialog (("Converting '" & name of theTrack as string) & "'") giving up after 1
    tell me to callPlayFair(fileLoc)
    end if
    end tell
    end try
    end timeout
    end repeat
    set fixed indexing to oldFI

    if protectedTracksFound is false then
    display dialog "No protected AAC tracks were found in the selected playlist. Please choose a playlist with at least one Protected AAC track and try again." with icon 0 giving up after 10
    error number -128
    else
    display dialog "Finished! Your music has been set free!" buttons {"Thanks"} default button 1 giving up after 10
    end if
    end tell

    -- Conversion subroutine
    to callPlayFair(useFile)
    tell application "iTunes"
    set protectedAACPath to (POSIX path of useFile as string)
    set freeAACPath to (POSIX path of (text 1 thru -5 of useFile) & ".m4a") as string
    set writingFile to false
    do shell script "usr/local/bin/playfair '" & protectedAACPath & "' '" & freeAACPath & "'"
    tell me to addToNewPlaylist(freeAACPath)
    end tell
    end callPlayFair

    -- add track to the output playlist subroutine
    on addToNewPlaylist(freeTrack)
    set newTrack to (POSIX file freeTrack)
    tell application "iTunes"
    add newTrack to newPlaylist
    end tell
    end addToNewPlaylist

    -- Create or set output playlist subroutine
    on handleNewPlaylist()
    copy (display dialog "Add converted files to a playlist named:" default answer
    "FairPlay Free" buttons {"OK"} default button 1 with icon 1
    giving up after 300) to newPlaylistPrompt
    set newPlaylistName to (text returned of newPlaylistPrompt)
    tell application "iTunes"
    if user playlist newPlaylistName exists then
    set newPlaylist to a reference to user playlist named newPlaylistName
    else
    copy (make new playlist with properties {name:newPlaylistName}) to newPlaylist
    end if
    end tell
    end handleNewPlaylist

  35. Et Tu, Apple? by teamhasnoi · · Score: 0, Troll
    Not that I'm surprised that Apple's chasing after this and other things that 'damage' their business, but it always disturbs me to hear about the army of Apple lawyers that descend on people when something isn't to their liking.

    I don't recall MS sending out C&Ds like they are Christmas cards, but maybe they don't need to as MS has whores and drug pushers working directly with congress.

    The undercurrent of control makes me wonder what Apple would be like if they ever deposed MS as market leader.

    I love my mac, but don't want to be thrown in the gulag if I change a .plist file. Maybe Steve needs a vacation - relax, take in the scenery, enjoy a massage with a happy ending.

    I'd like Apple to do well, but not at the loss of freedom to use my computer and the files I make and use with it.

    1. Re:Et Tu, Apple? by twocoasttb · · Score: 1

      Your argument holds no water. You're not going to get thrown in the gulag for changing a .plist file, but when you download a song from iTunes and use PlayFair to circumvent the DRM you are violating the license that you, um, agreed to at the time of purchase. Apple does need to "descend on people" that violate their DRM, because if they don't, music companies partnered with Apple will pull out. If you don't like the Apple's DRM, don't buy songs from them.

    2. Re:Et Tu, Apple? by teamhasnoi · · Score: 1
      I'm not actually arguing anything, I'm just pointing out that if Apple was in MS's shoes, we'd see much the same behavior. Apple has sent (and sued) people for releasing software that changes 'their' interface in OS 9, and even /. has a story about Apple going after someone that made an 'Aqua-esqe' theme.

      I agree they have to go after the DRM breakers, for the same reason you mentioned.

      I'm just saying that it is my impression that Apple seems to send C&Ds out far more than average. Perhaps that is because they are the most imitated in design and software, or because they are evil hidden behind lovely hardware, and a great UI.

    3. Re:Et Tu, Apple? by RatBastard · · Score: 1
      Apple is a *BUSINESS* and all businesses protect their assets. To Apple the Mac OS interface is one of their assets. They will protect it. The same with the DRM in iTunes.

      As for C&C letters, they are no worse than any other large corporation out there. They have nothing on Microsoft in this arena.

      --
      Boobies never hurt anyone. - Sherry Glaser.
  36. The laws are Indian by shamir_k · · Score: 4, Informative

    Both the Copyright Act 1957 and the Information Technology Act, 2000 are Indian laws. I doubt that the Copyright Act would have any DMCA like provisions that could apply on this case. Not so sure about the Information Technology Act. It was hailed as a great piece of forward looking legislation when it was introduced. Any Indian lawyers care to comment?

    1. Re:The laws are Indian by dsanfte · · Score: 2, Informative

      The technology act seems to mainly deal with digital signatures, hacking other people's systems, and erasing "source code" to a computer system. I couldn't find anything to do with copyright in there.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    2. Re:The laws are Indian by Anonymous Coward · · Score: 0
      As a layman (IANAL) looking over the Information Technology Act, I suppose that PlayFair might be brought to court as a cracker's tool, and that the host might be accused of being an accomplice. Both of those are covered in some degree by the Act.

      Pretty much the only other way I can see it applying is if Britney Spears songs count as a "lavicious acts that appeals to prurient interests". The Act also has a "won't someone think of the children" clause.

  37. Post it on Freenet by Sebby · · Score: 2, Interesting
    Although I'm not sure I would endorse this tool, I do support the idea behind it (using the songs you legally bought how you want, short of massive sharing or copyright infringment)

    But I guess these guys could always post it on Freenet - let's see them trying to pull it off then!

    --

    AC comments get piped to /dev/null
    1. Re:Post it on Freenet by Anonymous Coward · · Score: 0

      SSK@5Zy5e6nlgMfN3Bh23e3YAxYBYDAPAgM%2cJ35mMqZOsm vjpVZ77labzg/playfair/1//

  38. Re:No. I bought the song by minus_273 · · Score: 1

    really? so when i buy a box of mandrake linux, i own it and can ignore the licence? i didnt know that..

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
  39. Re: by nojomofo · · Score: 1

    Sorry, but the only way that this indicates that Apple is the same as other large companies is that it indicates that they are interested in protecting their business. Really. As other people have mentioned in other threads, this is similar to the FSF or somebody like that going after GPL violators. People who download iTunes songs agree to the terms. They don't want to follow them? Then that's a violation of that contract. You do think that the GPL should be enforced?

  40. Re: by r4bb1t · · Score: 4, Insightful

    Why does it automatically become evil when a company wants to defend a product/scheme/etc. that they have spent time, money, and man hours developing?

    Apple isn't breaking down doors, calling the FBI, pillaging homes. They're sending legal notices asking politely for people to take down content. That's how the system works.

    Unfair at times it may be, it doesn't mean that the entire system is corrupted and we should brand Apple with a scarlet letter. If you don't like the way things work, then send letters to your Congressman/woman about our copyright law. Send email to Senators about the DMCA. Get involved, and things will change.

  41. Perhaps Apple Should Make iTunes for Linux/Unix by Vandil+X · · Score: 4, Insightful

    It seems to me that many of the copy-protection-circumvention programs that have come out in recent years (DeCSS, PlayFair) are not meant for piracy as much as they are to enable users of Linux and Unix to play DRM'd/locked content because they don't want to use the media on a Windows or Macintosh computer.

    If Apple developed iTunes (and iPod drivers) for Linux and Unix, perhaps the number of people trying to circumvent the DRM would decrease.

    As it stands, you can only buy online music if you use Windows or Mac OS X --a set up that accounts for 98% of computer users, maybe, but obviously the remaining 2% (Unix/Linux users) know how to code.

    C'mon Apple, OS X is "based on Unix", so how hard could it be to port iTunes over to Linux and Unix? If you really want to set an online music standard (and possibly reduce OSS-attempts at circumvention), you gotta give Linux some love.

    --
    Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
    1. Re:Perhaps Apple Should Make iTunes for Linux/Unix by DreadSpoon · · Score: 2, Informative

      "C'mon Apple, OS X is "based on Unix", so how hard could it be to port iTunes over to Linux and Unix? If you really want to set an online music standard (and possibly reduce OSS-attempts at circumvention), you gotta give Linux some love."

      Because Linux doesn't have Aqua. I doubt iTunes makes much use of any particular underlying UNIX features. It does use a particular toolkit (Aqua) designed to run on a particular graphics engine (which sure as hell isn't X11) using NeXT APIs (Objective-C based equivalent of STL/glib, basically) and utilizing tons of other services which are likewise tied to the platform (WebCore for browsing, Quicktime for multimedia, netconf for configuration, etc. etc.)

      It's like asking to port an app from GNOME to KDE. An app written for either of those is maybe 1% dependent on the underlying OS and 99% dependent on the specific APIs and features of the desktop platform. A port from GNOME to KDE (or vice versa) would require a complete rewrite for most applications, and a good deal of work for any others. Same goes for porting iTunes.

    2. Re:Perhaps Apple Should Make iTunes for Linux/Unix by reiggin · · Score: 2, Insightful

      The bigger problem is getting Quicktime on Linux. That's a lot of iTunes underpinnings right there. Quicktime has been on Windows for ages and has some of Apple's APIs included. That made getting iTunes on Windows a little less troublesome. Linux is a bit of a bigger project, I'm sure, despite the "UNIX based" nature of OSX. As much as I'd like to see iTunes on Linux, I don't see it happening unless Apple suddenly open-sourced it and let others do the work. I suspect that their R&D will be directed elsewhere.

    3. Re:Perhaps Apple Should Make iTunes for Linux/Unix by acceleriter · · Score: 1
      Because Linux doesn't have Aqua.

      Neither did Windows.

      --

      CEE5210S The signal SIGHUP was received.

    4. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Durandal64 · · Score: 2, Informative

      Actually, the author of PlayFair made it clear that he wrote it because he hates DRM, not because he wants to use his Linux box to play iTMS file. Aside from that, VLC on Linux will decrypt iTMS-encrypted files, anyway.

    5. Re:Perhaps Apple Should Make iTunes for Linux/Unix by mst76 · · Score: 1

      That won't happen. Apple sees Linux as a threat, maybe not an immediate threat, but in the long run, certainly. Jobs is not as dumb as some CEOs who only look two quarters ahead. If a bunch of volunteer (and corporate sponsored) programmers can write an OS that is becoming a major competitor to Windows, what says they won't rival MacOS (and hence also threaten their hardware sales)? Linux might not be competitive with Macintosh for general computing use yet (altough for some users it already is), who knows where they will be in 3 or 5 years time? Sure, MacOS will also have improved then, but will it always remain far ahead? In particular, will it remain so far ahead to allow them to charge a premium price? They certainly won't help Linux catch-up by releasing software for it. (Do they offer any software for Linux at all?)

      Unlike MS, Apple has remained almost silent on Linux. But you don't need to be a genius to see that Apple is no friend to Linux.

    6. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Have+Blue · · Score: 2, Insightful

      This comes up in every thread that remotely relates to Apple, and the answer is always the same: OS X has a huge number of libraries not present on Linux, mostly relating to the GUI. There's no Quicktime, no Carbon, no Cocoa (which has diverged significantly from *Step by now), and no Quartz. OS X apps do not resemble Linux apps in any way internally, and it would be just as hard as porting to any other OS.

      And it wouldn't reduce circumvention attempts, as it would be exposed even more to the "everything must be free forever" crowd.

    7. Re:Perhaps Apple Should Make iTunes for Linux/Unix by WinDoze · · Score: 2, Insightful

      I 100% agree with you, BUT:

      they don't want to use the media on a Windows or Macintosh computer

      I really want to use iMovie and Sherlock, but I don't want to use them on a Macintosh, I like my Windows machine. I'm out of luck. There's nothing forcing Apple to make Windows versions of this software because I want it. If I want it bad enough, I have to buy a Mac. Just as a company can't force you to buy something, you as a customer can't force them to make something!

      Again, I agree, in an ideal world...

    8. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Vandil+X · · Score: 1
      That won't happen. Apple sees Linux as a threat....
      Don't forget about Yellow Dog Linux, which runs on most of Apple's hardware. Heck, you can even buy Apple hardware with Yellow Dog preinstalled from licenesed Apple resellers.

      I don't think Apple sees Linux as a threat. The Linux marketshare (2%) simply isn't big enough to pay attention to yet. Apple wants a grand slice of the Windows marketshare (95+%).
      --
      Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
    9. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      C'mon Apple, OS X is "based on Unix", so how hard could it be to port iTunes over to Linux and Unix?

      While Apple would probably like to port this code, it isn't as easy as you might think. There's an enormous codebase in Mac OS X (Carbon, Cocoa) which iTunes uses, so much of the code (in particular, all the view objects) would have to be entirely rewritten. They probably wouldn't find it substantially easier to port to Linux than they would to port to, say, Windows.

      They also can't just add the code to libQuicktime or XMMS or whatever, since that's GPL and they don't want the decryption algorithms to be available.

    10. Re:Perhaps Apple Should Make iTunes for Linux/Unix by DreadSpoon · · Score: 1

      Windows *did* have 95%+ market share and the customer influx gained from such a port more than makes up for the cost of redevelopment.

      I also believe that Apple may already have much of that technology ported to Windows due to the Quicktime release.

    11. Re:Perhaps Apple Should Make iTunes for Linux/Unix by GauteL · · Score: 1

      "C'mon Apple, OS X is "based on Unix", so how hard could it be to port iTunes over to Linux and Unix?"

      I've seen this a few times and you misunderstand the issues here. Sure OSX is UNIX, but the entire graphical environment is proprietary. It is trivial to port a console application between them, but hard to port a graphical application. Apple would also have to port quicktime since iTunes is based on that.

      Porting a graphical application from OSX to any X11-based UNIX is normally no easier than converting an application from Qt to GTK+. Although with the existance of GNUStep, which is very similar to cocoa, it might not be that bad.

    12. Re:Perhaps Apple Should Make iTunes for Linux/Unix by hyphz · · Score: 1

      Sure, but that doesn't quite apply to this case, because in this case they're not just failing to provide something for Linux; they're taking something that you *could* do on a Linux box - play music - and locking it down.

    13. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      > Don't forget about Yellow Dog Linux, which runs on most of Apple's hardware.

      Don't forget Apple is mostly a hardware company. Linux on Mac is good. (I bet Apple would have been thrilled if Linus started on a Mac rather than on a 80386). Linux on x86 is not much of a threat yet. A future version of Linux on x86 that is as consistent and coherent as MacOS on Mac would be very very bad.

    14. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      >As it stands, you can only buy online music if you use Windows or Mac OS X --a set up that accounts for 98% of computer users, maybe, but obviously the remaining 2% (Unix/Linux users) know how to code.

      You're smoking really good stuff if you think Linux is on 2% of all *desktops* world-wide (on the server side, it's another story).

      Get real, Apple barely has 5-6%. Linux must be around 0.001% (if even that much).

    15. Re:Perhaps Apple Should Make iTunes for Linux/Unix by imadork · · Score: 1
      The bigger problem is getting Quicktime on Linux.

      QuickTime has already been available on Linux for some time now. (Too lazy to google and find it). The problem is that most of the interesting iTunes content is made with proprietaty codecs (Sorenson comes to mind), which no one has licenced for Quicktime yet.

    16. Re:Perhaps Apple Should Make iTunes for Linux/Unix by cc_pirate · · Score: 1

      What the hell is VLC? Please don't use acronymns that the rest of us may not know.

      --

      "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

    17. Re:Perhaps Apple Should Make iTunes for Linux/Unix by WinDoze · · Score: 1

      You can play music, just not in a particular format. Just like in my example, I could make DVD's of home movies and run searches on my Windows box, just not using the particular method I prefer. You can still play MP3's, Ogg files, etc. on your Linux box.

    18. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      Easy there -- if you Googled for it, you'd have found out quickly that it's an open-source, cross-platform multimedia player (and streaming server too).

      http://www.videolan.org/vlc/

    19. Re:Perhaps Apple Should Make iTunes for Linux/Unix by TheUser0x58 · · Score: 1

      Windows had (and has) Quicktime. That's really the core of iTunes' main functionality.

      --
      -- listen to interesting music, support independent radio... WPRB
    20. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      Okay, how hard is it to port a Linux app *without* GTK, X Windows, or QT? Similarly, how hard is it to port a Cocoa or Carbon app (funny, those don't sound like UNIX libraries to me...) to Linux.

    21. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      You're smoking really good stuff if you think Linux is on 2% of all *desktops* world-wide (on the server side, it's another story).

      I'll bet it's over 2% if you do not include desktops in the USA.

    22. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      http://www.google.com/search?q=vlc

      how fucking hard was that?

    23. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      and you call yourself a 'pirate'.

      'yarr' indeed, you poser.

    24. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      Yes, they do have a large market share, the fruit of their illegal monopoly.

    25. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      Any self respecting mod will sweep a ditto beneath the carpet, force it beneath the radar, or whatever.

      But heck, ditto.

      Maybe I can differ with the original somewhere then. Since Darwin is (somewhat) FreeBSD based, they should start on FreeBSD first. Because of the momentum Linux gained during the BSD/AT&T battles, Linux has been given way more support than its technology ever warranted anyway. Linux has become the 500 pound gorilla/Microsoft of the free OS world.

      A ditto followed by an off-topic ramble unintentionally given the charbroiled flavor of flame bait. No one's gonna ever see this, but I already wrote this garbage so I'm sending it, by golly, and no, I'm not high.

    26. Re:Perhaps Apple Should Make iTunes for Linux/Unix by Anonymous Coward · · Score: 0

      I imagine you meant QuickTime content (mostly video) rather than iTunes content. Most (like 99.99%) of the interesting iTunes content is in MP3, AAC, AIFF, and WAV format, in that order. All of which are available for Linux, possibly even as QuickTime-equivalent codecs. Even Fairplay could be supported via the same VLC code that Playfair employs.

    27. Re:Perhaps Apple Should Make iTunes for Linux/Unix by PipsqueakOnAP133 · · Score: 1

      Wrong..... The Quicktime on Linux project you're referring to is not Apple's Quicktime but rather somebody else's implementation of Quicktime. For the most part, it'd be incomplete in terms of interfaces to hardware devices for audio and video. It's also not compatible with most of the plugin modules and add on features of the real Quicktime.

      It's like saying that any add on modules to Windows is binary and API compatible with mplayer. No.

    28. Re:Perhaps Apple Should Make iTunes for Linux/Unix by numark · · Score: 1

      VideoLAN Client...a multiplatform audio/video player that's popular on both *nix and Mac OS X (in fact, I use it for some files myself).

      --
      Want Slashdot headlines on your site? Try SlashHead
    29. Re:Perhaps Apple Should Make iTunes for Linux/Unix by acceleriter · · Score: 1
      And it wouldn't reduce circumvention attempts, as it would be exposed even more to the "everything must be free forever" crowd.

      As Windows users typically pay for all their software and music. Not often do I see such trollish comments from one with a three digit UID :).

      --

      CEE5210S The signal SIGHUP was received.

    30. Re:Perhaps Apple Should Make iTunes for Linux/Unix by TiggsPanther · · Score: 1
      As it stands, you can only buy online music if you use Windows or Mac OS X --a set up that accounts for 98% of computer users, maybe, but obviously the remaining 2% (Unix/Linux users) know how to code.

      I think they keep forgetting this bit. I've said it before, and God knows I'll probably say it again, but they've got to start taking the geek-market more seriously.Unix/Linux/Whatever-alternative-OS users may not be a huge market-share financially, but it's a market you want on your side rather than working against you.

      Plus too many shops not only assume Windows use, but assume IE use too.
      Whilst reading this thread, I thought I'd try putting my money where my mouth is and supporting legitimate online music services. I took a look at OD2, and on every link to their supported stored, I was hit by some This site requires IE5 or better bullshit. Sorry guys, I use Mozilla. So I guess they won't be getting my money after all.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  42. Re:Let's hope indeed by Saeed+al-Sahaf · · Score: 0, Informative
    ...blaw, blaw, blaw...I bought for and own to use on my own machines...blaw, blaw, blaw...

    Remember, when you buy something, you accept the sale conditions that the seller (owner or owner's agent) specifies. That's a contract between you and the seller. If that contract involves DRM, well, too bad, but remember, you are not obligated to make the purchase.

    Ethical people abide by the agreements they make. When you buy music you are making agreements.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  43. Re:No. I bought the song by bahwi · · Score: 1

    So I can take the Linux kernel, ignore the license, and do whatever I want with it then? Well why the hell do people get mad when people "violate" the GPL. They are just ignoring it! That's ok by you!

    You owned the song, then bought it again with DRM? Well, now you have two copies of the song, one you own and another you own, with slightly more restrictions than the first one that you own.

  44. Re:Let's hope indeed by SB5 · · Score: 1

    One of my three computers died. I told iTunes about it and they let me download the files that I lost, that was nice. The problem is I can only use 2 computers now. The other computer is dead.

    --
    If what you are reading sounds funny, or sarcastic, lame, or stupid
    it is because it is supposed to be. just laugh
  45. Re:No. I bought the song by Anonymous Coward · · Score: 1

    So when I bought my Linux CDs, I bought the Linux distribution and software. Period. I ignored the license. I already owned the distribution and software so by that point it did not matter.

    I guess that means I can say screw the GPL and sell all kinds of closed source, derivative works as I feel like. I mean, who cares about the GPL, I bought the software so I can obviously choose to ignore the license. See how dumb that makes you sound?

  46. Re:A few thoughts more by Anonymous Coward · · Score: 0

    This is the REAL disadvantage to releasing programs to Windows users.

    By "Windows users", you mean "non-brainwashed, non-koolaid-drinking, non-zealot users", right?

    I'm a Mac user and Playfair is the thing that will get me into the iTunes store. I just have no interest in buying something that can be disabled in the future, like DIVX.

  47. Despite my anti-DRM stance... by Tuxedo+Jack · · Score: 2, Interesting

    Apple has one of the least restrictive DRMs out there, and honestly, it's not like you can't burn your iTunes songs to a CD and then rip them to MP3 using something else - and Apple knows it.

    They're the lesser of evils, and I'd rather have them than proprietary formats and players that only work on one OS. *Cough*WMV, Windows Media Player*Cough*

    Though I'm glad WMP only works on Windows - other platforms don't endure the horror.

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    1. Re:Despite my anti-DRM stance... by cellocgw · · Score: 1

      Though I'm glad WMP only works on Windows - other platforms don't endure the horror.
      Huh? Then what's this app called WindowsMediaPlayer9 doing on my OSX system?

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
    2. Re:Despite my anti-DRM stance... by lobsterturd · · Score: 1

      There is WMP for Mac OS as well (unfortunately)

  48. Re:Must... never... pay... for... music!! by Anonymous Coward · · Score: 0

    I'll pay for someone to produce and copyleft music but I'll never pay for (effectively) a license to listen to music again.

  49. Re:A few thoughts more by gpinzone · · Score: 3, Insightful

    Apple exists to serve... it does NOT serve to exist.

    Tell that to the stockholders.

  50. Cayman Islands. by Anonymous Coward · · Score: 0

    The rich can hide there, why can the poor?

  51. Whatever happened to the interoperability clause? by dschuetz · · Score: 2, Interesting
    Is playfair even illegal under DMCA, at a technical (not practical) level?

    This paragraph (Section (f)(2)) seems to explicitly allow applications like playfair, which have a primary use of enabling someone who has legally purchased a song to make use of it on other devices:
    Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.
    I'm not addressing the questions of whether the user is legally bound enough by the EULA that they can't *use* playfair, only asking whether, technically, playfair is in fact covered by this clause and therefore not subject to a "DMCA takedown."

    If so, then sourceforge should be able to distribute it with no repercussions, and Apple could return to (1) going after people who distribute playfair'd tracks, or (2) going after people in civil court for contract violations pertaining to the EULA.

    Of course, if anyone were to call Apple on this (and had the $$ and time to do so), and if Apple were to realize halfway through that they'd lose, then they'd just withdraw their C&D letter, pulling the rug out from under the defendants (who'd lose standing as a result) (yes, pun intended), and so no precedent would be set. Just like happened with the RIAA and, was it, Felten?

  52. Nice lawyers by andalay · · Score: 1

    Thats probably the nicest cease-and-desist I've ever read. Most other ones are like ``Fuck you, pay me''

    1. Re:Nice lawyers by Anonymous Coward · · Score: 0

      huh? That's like saying "gee golly, that's the nicest anal raping I've *ever* received!"

    2. Re:Nice lawyers by Anonymous Coward · · Score: 0

      was that at all a reference to goodfellas

      i just imagined paulie as a lawyer saying that.

      well the difference between a mobster and a lawyer these days. a degree

  53. Re:Let's hope indeed by Anonymous Coward · · Score: 0

    But that agreement contains restrictions you are not legally bound to obey. Cracking DRM for personal use *is allowed*. US legal system makes distributing code for someone else to use a crime, but if you got the code from someone not bound by those rules, you could then use the code to bypass DRM and keep the AAC-encoded files at their highest quality.

  54. Re:Let's hope indeed by Steamhead · · Score: 2, Informative

    The thing is, even when shared, you still need the key, sharing it will do nothing.

  55. STFU by Anonymous Coward · · Score: 0

    Companies have to protect their interests. But in all probability, Apple is doing this more to pacify the RIAA than anything else. It's their copyrighted material, not Apple's. As a distributor, it would be unethical to turn a blind eye to gross public circumvention of the one very thing (DRM) that let them strike a deal in the first place. (The ethics of the RIAA and their agreements, etc etc are another matter.)

    1. Re:STFU by jamonterrell · · Score: 1

      Apple is doing this to insure that the music you purchase on iTMS can only be used on the iPOD. Isn't that obvious? Why can't you people see it? It's only a side effect that it helps passify the RIAA.

      --
      I can count to 1023 on my hands. Ask me about #132.
  56. On the contrary: friendly and smart by daveschroeder · · Score: 4, Insightful

    >>Apple put in the LEAST DRM it could get away with. > >I think it's more of a technical inefficiency and incompetence >than trying to make life easier for the hackers. Really, if I use a >protection/license management system for my new software >and use a weak one, do you think I'm acting friendly or you >think I'm just stupid?

    I think that being able to...

    - play the music on three different computers

    - play the music on an unlimited number of iPods

    - burn any and all music to CD an unlimited number of times, stripping all DRM, and then play anywhere (or rerip in any format, transcoding losses [which I myself can't detect] aside)

    ...is being "friendly", and very, very smart (by virtue of getting all 5 major labels to let Apple skate with such comparatively unrestrictive DRM)

    It's not incompetence at all. Since all DRM can, and will, be broken - from a technological standpoint; perhaps not a legal one - then by your definition, they're all "incompetent". I don't think any of these people think DRM can't be circumvented; they just know that the content providers want it, and these laws like the DMCA are getting pushed through Congress. If *anything*, Apple is in a *better* position to influence copyright and content protection laws for the better. Had they done no DRM, we'd have no major label music on iTunes Music Store, and thus no iTunes Music Store as we know it (i.e., successful), and Apple wouldn't have any relevance whatsoever in this discussion at all.

    1. Re:On the contrary: friendly and smart by WARM3CH · · Score: 1

      Guess you got it wrong. I have nothing against Apple, DRM or even the hackers! All I say is having a weak implementation is nothing to be proud of!

    2. Re:On the contrary: friendly and smart by danaris · · Score: 1

      Then you're an idiot, because what he was saying is that their implementation is not weak, it's designed to be exactly what it is so that more people will be able to enjoy it.

      I don't even know why I'm replying to a mindless Apple-bashing troll.

      Dan Aris

      --
      Fun. Free. Online. RPG. BattleMaster.
    3. Re:On the contrary: friendly and smart by shepd · · Score: 1

      >I don't think any of these people think DRM can't be circumvented; they just know that the content providers want it

      And so, rather than letting them starve, and having them eventually succumb to market will (or simply disappear -- either way is good), Apple just gives in and lets them have whatever they want so they can make a quick buck?

      Remember the phrase: "Spare the rod, spoil the child".

      That's *all* we need. A petulant child of a corporation, but instead with the power to crush lives.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    4. Re:On the contrary: friendly and smart by ryanwright · · Score: 1

      mindless

      <nitpick>Technically, if he were mindless, he would be unable to use a keyboard, let alone compose words.</nitpick>

      --
      -Ryan, with the unoriginal sig
    5. Re:On the contrary: friendly and smart by Anonymous Coward · · Score: 0

      He could be keyboard-mashing incredibly luckily.

    6. Re:On the contrary: friendly and smart by d34thm0nk3y · · Score: 1

      ...their implementation is not weak...

      Have you heard of this neat little app that can stip the DRM from these files, it's called fairplay I think.

  57. Re:Do this instead by mst76 · · Score: 4, Insightful
    Which, of course, would only be binding in those jurisdictions where such a condition would actually be legal and enforceable. In Sweden, for example, any DRM used specifically for the purpose of hindering fair-use provisions (such as copying, media transfer and so on) are explicitly allowed to be circumvented.
    Maybe this is one of the reasons that iTMS is not offered in Europe (yet?).
  58. Re:How about let's not. by Swamii · · Score: 0

    Offtopic? Guess I should've included the obligatory "Laugh. It's a joke". Mods have no sense of humor. :cries:

    --
    Tech, life, family, faith: Give me a visit
  59. Re: Apple Different than other large companies by zvoid · · Score: 2, Interesting

    Well, Apple is different in that they were able to establish a relationship with the RIAA that was more benevolent towards DRM than the RIAA wanted with regards to consumer rights in the first place. Yes, Apple sells more music/iPods because of this, but I doubt MS/Real would do anything other than kowtow to the RIAA's demands.

    I believe that is the fundamental difference..

    Beyond that, of course Apple is a large multinational corporation that looks out for its' and APPL shareholder's interests. No point in pretending otherwise. Still, Thinking Different beats being told Where To Go Today :)

  60. Re:Must... never... pay... for... music!! by Borg453b · · Score: 0, Offtopic

    Lucite hardening ... must end life in classic Lorne Greene pose from "Battlestar Galactica." Best ... death ... ever!

    --

    - Mad, ingenous - they've both left you puzzled -
  61. Re:No. I bought the song by Laur · · Score: 2, Informative
    So I can take the Linux kernel, ignore the license, and do whatever I want with it then?

    As a matter of fact, YES YOU CAN (within the limits of copyright law). The GPL places no restrictions on use and does not require that you accept it to use the program. If you want to redistribute it, however, you would be breaking copyright law unless you accept the license. In the case of Apple's DRM, removing the DRM on songs you have purchased is certainly covered under fair use. If you then decide to distribute those DRM-free songs, you are in violation of copyright law. It remains to be seen whether Apple's Term of Service are legally enforable and if they trump fair use, especially since portions are contradictory and Apple enables you to strip the DRM anyway (via CD burning).

    --
    When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
  62. Re:Why use a GUI when you can run an itunes script by clmensch · · Score: 2, Informative

    Keep in mind that you have to have PlayFair installed in "/usr/local/bin/". I'm not sure, but you also may need to add the leading slash to "usr/" to make it "/usr/" on the line:

    do shell script "usr/local/bin/playfair '" & protectedAACPath & "' '" & freeAACPath & "'"

    I could be wrong...it's been working for me without it. Sorry about that. But the script works!

    --
    There is no gravity...the earth just sucks.
  63. not a cool program at all by InternationalCow · · Score: 1

    Many insightful comments aside, I haven't seen the most obvious point stated yet: this program can potentially undermine each and every deal that Apple (or Microsoft, or whoever) has made or can make with the music industry. What do you think will happen when this takes off and the labels see it? It'll be the end of digital music stores. THAT's the real danger here. I don't care how cool this program is, these guys are ruining everyone's fun peddling their program. What's more, they're endangering the near (at least) future of legal digital music downloading.

    --
    ----- One learns to itch where one can scratch.
    1. Re:not a cool program at all by Anonymous Coward · · Score: 1, Interesting

      "It'll be the end of digital music stores. THAT's the real danger here."

      nope.. itll be the end of *RIAA sponsored* digital music stores.

      GOOD, no big loss there.

      soon we will have no need for the RIAA, soon they will not be able to ham-fist new artists into draconian contracts, soon people will be able to develop their own tastes rather than being spoon-fed whatever clearchannel wants them to like, soon musicians will be more concerned with perfecting their MUSIC rather than their choreography...

      i look forward to that day.

    2. Re:not a cool program at all by Anonymous Coward · · Score: 0
      It'll be the end of digital music stores

      Good riddance. Let me explain:

      The only music I'm interested in buying is music I can buy digitally. I don't ever want to own another CD, tape, or whetever, ever.

      But every digital service I've tried, and I have tried most, don't let me listen to my music the way I want. I'm constrained. I don't own an ipod (nor do I think I should have to buy one in order to listen to music I pay for). I want to listen to music in my car, on my computer at work, and at home. iTunes DOES NOT let me do this.

      UNLESS there is a playfair program. If such a thing exists, suddenly I can pay for digital music through iTunes and have it how I want it. It's the only thing that will work for me.

      And you people want to kill it.

      Bah. Okay then, I want to kill YOUR way of getting music, too, and we can all go back to buying crappy CDs and ripping them by hand.

    3. Re:not a cool program at all by Sloppy · · Score: 3, Funny
      Digital music stores aren't something worth preserving, if they come with DRM. CDs are better.
      What's more, they're endangering the near (at least) future of legal digital music downloading.
      No. Why would a more legit store, like Audio Lunchbox, care if their competitor's DRM system got cracked?

      DRM is just a phase the industry was going through. Eventually the stockholders will start asking for money, and the industry will go back to the making-it-easy-to-have-customers business. You know, the business where they made countless millions of dollars selling unprotected CDs. The business that sold more DVDs after CSS was cracked, than before. Greed and the desire for sales, will eventually destroy DRM. You don't get rich, telling potential customers to fuck off.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  64. Burn CDs. by Anonymous Coward · · Score: 0

    And STFU.

  65. Re:No. I bought the song by Anonymous Coward · · Score: 0

    Yes.

    Next!

  66. Re:So... by Anonymous Coward · · Score: 0

    Apple IS different from other companies... at least my experiences with them have proven that to be the case.

    For example...

    Remember the Rip, Mix, Burn ad campaign? They tried the "karma"-based approach while few other companies even thought of it.

    Apple uses and gives back to the open source movement.

    Apple brings in local and national talent to perform in their retail stores. I didn't see Gateway or Walmart do that.

    Apple brings talented professionals in video, audio, graphics, journalism, and business in to their retail stores to help show how to best take advantage of the mac. First hand information and not just some marketing B.S. I can't think of too many major companies that do something similar.

    How many companies would display an ad featuring Will Ferrell, "porn actor" right before a major trade show?

    If you've ever worked for Apple, you'd see a company that does indeed have a unique corporate culture and approach to business. I'm sure there are a lot of other things I could site, but it's really just a waste of my time since you're just a simple troll.

  67. Hope what? by monac · · Score: 1
    Let's hope that 'PlayFair' might appear in some other country now."

    There are always freaks think everything have to be open to everyone. Look at them, those poeple. They do something illegal, accused and will shout, "I am innocent! I am just following GNU spirit"

    I love IPod and hope apple music store goes world wide so i can enjoy it too. It is a good service. Please don't spoil it!
    --
    -- Y. J. Chun
  68. Re:Let's hope indeed by eples · · Score: 1

    I agree! If you want songs encoded in AAC without DRM attached, buy the CD and rip it yourself.

    --
    I'm a 2000 man.
  69. Re:I thought Apple Was Different? by vwjeff · · Score: 2, Interesting

    I thought that Apple was different than other large companies?

    Why would Apple be any different? Apple is looking out for their own interests. They make little to no money with the ITMS. They make their money with the iPod. If people can play their ITMS music on other portable music players Apple will not sell as many iPods and make less money.

  70. Re:A few thoughts more by Anonymous Coward · · Score: 0

    I think Apple did two days ago.

  71. next country candidates? by MoFoQ · · Score: 4, Insightful

    What about Canada? The recent court rulings have been pro-consumer so it might be safe-haven for PlayFair.

    Or how about the Norway? The courts there said that DeCSS (AAC-DRM is to music as CSS is to video) didn't infringe, especially since the intent of the utility was not to make illegal distribution but to enable normal use on unsupported systems (OS's).

    One way (and better than what they did) to get rid of Playfair is for Apple to release a Linux player to eliminate the main legal objective for PlayFair.

    O yea, as for that first post that essentially says "Take it or leave it," ...well..would you buy a car that has its hood welded shut? And I tend to argee with this guy; the pro's don't outweigh the cons. Why buy a cake that no one can eat when the intention is to eat it?

    1. Re:next country candidates? by betsywetsy · · Score: 1

      Linux would be good, but I really want my tunes on my Rio Karma, so people like me would still need PlayFair. Arguably it's fair for Apple to try to restrict portable use to their players, but it doesn't seem unfair or illegal for me to circumvent that if I can.

      There's an upside for Apple, too. I may buy iTunes now; I would not have before. Aren't they making the money on the music instead of the players anyway?

    2. Re:next country candidates? by MoFoQ · · Score: 1

      I argee. They should make an SDK available for free for private (non-profit/freeware) use and a reasonable licensing fee for commercial use.

    3. Re:next country candidates? by Anonymous Coward · · Score: 0

      I don't care if they come out with itunes for every system under the sun, I'll STILL remove the protection.

      I don't like people telling me what I can do with a product after I've bought it when I'm not hurting anyone. When I buy PC games, the first thing I do after installation is remove the protection so I don't have to put the damned CD in the drive every time I decide to play it.

    4. Re:next country candidates? by MoFoQ · · Score: 1

      neither do I. Just as if I buy a ford, I'd like to reserve the right to turn it into swiss cheese with a minigun or take shots at it with a .50 caliber gizzly from 300yds, etc.

      However, I was commenting on their handling of the situation. And thanks to the DMCA and Sony-Pro-Bono Act and the like (thx the politicians who have been "purchased"), the only legal argument (at least in the US and other lobby-corrupted govts) for PlayFair is to be able to use it "normally" under a different operating system or device.

      Their (Apple) handling of the situation is similar to that of the CSS-folks and they lost. The best method is and was to knock down PlayFair's only legal footing, but no, they did something that would most likely put them closer to SCO in the public image standing (not quite at SCO level yet but closer than ....let's say the Pope).

  72. Re:I thought Apple Was Different? by ratsnapple+tea · · Score: 1

    I'm pretty sure even Gandhi would have hit back in self-defense. Well, maybe not Gandhi. Martin Luther King, maybe.

  73. Re:No. I bought the song by 91degrees · · Score: 1

    Yep. The GPL covers distribution. Not use.

  74. Playfair by Radical+Rad · · Score: 1

    I didn't even know I wanted it till I found out I couldn't have it.

  75. Me three! by Lysol · · Score: 1

    I do the exact same thing - cept it goes to a cd-rw. Yeah, it's a little inconvenient, but in the end, I'm willing to accept the Apple DRM as long as there's a way around it.

    Look, there are much worse schemes out there and while I am a Linux and Mac user and not necessairly a zealot for either, I'm still ok with dealing with their service, the product, and the terms. It's a good deal for the price and the experience.

    However, if it was not for ability to burn this off to a cd, I might shy away from iTMS all together.

    1. Re:Me three! by Viceice · · Score: 1

      Why waste a CD-RW? 'Burn' it into an image, insert image into Virtual Drive. Rip from virtual drive. Delete Image. Faster then writing to/reading from a CD-RW and burner not needed.

      --
      Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
    2. Re:Me three! by Anonymous Coward · · Score: 0

      Why waste a CD-RW?

      The whole point of using a CD-RW is so that you don't waste your media. You can blank a CD-RW hundreds, if not thousands of times. Burn an audio CD-RW full of your iTunes music, rip to mp3, blank CD-RW, repeat.

      I do it with my Pepsi iTunes songs. My neighbor keeps the AACs, I get my mp3s. 's all good.

  76. Re:Do this instead by mst76 · · Score: 1
    With the exception that the terms of purchasing the songs from the iTMS as specificaly stated in the contract presented to you before you enter into the transactions was that you would not circumvent the DRM on the file.
    I remember that software vendors decided a while ago to include all kind of crazy conditions in their purchasing license (not allowed to benchmark, not allowed to publish negative reviews, not allowed to compile GPL programs,...). And also Adobe or some other ebook vendors (not allowed to read aloud, not allowed to print on paper,...). I believe the legal status of such provisions is not completely clear yet.
  77. Don't blame apple by omarques · · Score: 0

    They're just trying to ensure that the recording companies keep putting songs to sell in the itunes music store.
    That simple. If they drop DRM, or dont go after companies/individuals that try to strip the DRM from the songs, the recording companies could stop allowing the songs to be sold in the iTMS, or even sue apple.

  78. P2P?-Bad apples. by Anonymous Coward · · Score: 0

    Simple question, simple answer. Close down their music store, therby the few causing the majority (once again) to lose out on a good thing. Remember their store itself isn't a money maker for them (the Ipod's are).

  79. Re:A few thoughts more by adzoox · · Score: 1

    DIVX is disabled?

    Circuit City released permanent unlock codes for them LONG ago!

    Apple would have to go out of business for something like that to happen - and if that happened Quicktime/AAC/All other Apple programs would be auctioned off to the highest bidder.

    How did Playfair that is for PCs get you, as a Mac user, more interested in iTunes?

    --
    Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  80. Love the tone by rafael_es_son · · Score: 1

    I will not pay one cent for the music I listen to. Megacorporations (read: marketing scum) owe me enough for raping my brain up until the age I was able to begin understading this. They owe me even more for all the active filtering I must still employ to block inexistent-necesity-inducing (read: advertisements) images they post everywhere. Not to mention the rest of the Mtv-Hollywood-disco-dancing-fever drones I have to deal with every day.

    Artists: (cultural recombinators, actually) GIVE YOUR MUSIC AWAY, charge for many live performances, and leave the mental-space fuckers to rot.

    --
    HAD
    1. Re:Love the tone by Anonymous Coward · · Score: 2, Insightful

      As an artist myself, I'd LOVE to reply to the comment. I have no problem with p2p music sharing, it helps expose people to music. If someone likes it enough, they will buy the cd.

      But you have no idea how the music buisness works. The only real money made for an artist is through merchandise AT the shows. You don't get your paycheck by playing, but by selling your wares at a venue. "But you get $50,000 for each show!" Okay, now, subtract 7 hours of labor for the 20-some guys setting up the eq. The $20 / hour the soundman gets. The traveling expenses, room use, security, yadda yadda.

      While society has been "raping our minds" for years, it's a simple matter of believing lies, or finding your own truths. And advertising makes the world go round. Get used to it, it's not going away anytime soon.

      Oh, by the way, artists don't need you, the consumer to rip them off. The record labels do that job for you.

    2. Re:Love the tone by rafael_es_son · · Score: 1

      I agree that not all cultural recombinators (aka "artists", musicians in this case) possess equal amount of talent or disposition to get off their lazy asses and play more live shows. If you can only make money by selling t-shirts in a concert, it would look like both venues and labels are really screwing you.

      Judging from your conformist "that's the way it is, get used to it" stance, I think you won't be doing much about that.

      --
      HAD
    3. Re:Love the tone by rafael_es_son · · Score: 1

      I am a software developer and I contribute as much as I can to OSS. I believe that is important that the building blocks of culture, be it musical composition or software, should be freely available to anyone who wants to experience it.

      I am an advocate for a similar model for performing musicians. Give the songs away for free, charge for live performances. Give your source code for free, charge for customizations. If venues and labels are screwing you, get organized and produce your own shows.

      Oh and by the way, I am also a performing musician myself.

      --
      HAD
  81. Re:A few thoughts more by Anonymous Coward · · Score: 0

    omg tehy cna disabel teh divX??? How cna i wathc teh pr0n then omg !!!!!!!!!!!!!!!

  82. Sadly this must reappear tilll we get it straight by Anonymous Coward · · Score: 5, Funny

    UNDERSTANDING DIGITAL RIGHTS MANAGEMENT:
    A SLASHDOT FLOWCHART EXCLUSIVE
    Start:
    Did a corporation use Was the encryption--Y-->Did someone break
    encryption to prevent-Y->in question the encryption and
    their customers from pathetically weak? post source code
    fairly using purchases? | /--to the Internet?
    N-------N---<------<----N----<--+----<- --<-<No.. . |
    | \ Y
    N<------N----<---Did the corporation Did this new<--+
    | use the DMCA in a<--Y-software enable
    | Was the<--Y--failed attempt to fair use?
    | corporation suppress the source
    | Apple(tm)(R)? code as free speech?
    | | |
    | Yes +No-->Oh my God those assholes! It's time we put this source
    |_ | code on a T-shirt! Time to contribute to the author's
    \ / legal defense fund! Time to call our senator and tell
    No big deal! him to repeal the evil, flawed DMCA! Time
    Time to play "Quake!!!" to practice "civil disobedience!". Time
    to write "distributed peer to peer"
    corporate-subversion software! Time to call for a radical reform
    of copyright laws! Time to decry Palladium(tm)(R) design and
    distribution as a grand scheme to put us under the lock and key
    of DRM! Time to raid DVD-Jon's jail cell with Dimitri as lead
    commando! Time to hack Hillary Rosen's web site and deface statues
    of Jack Valenti! Quick buy another 2600 T-Shirt!
    By the way, wouldn't it be great if Devo was 99c a song?
    God I still remember the HACKER MANIFESTO!!!!

  83. Simple Solution.... by FerretFrottage · · Score: 0

    just have the Indian host site outsource to an American company...nobody would ever suspect that

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  84. Re:Let's hope indeed by dschuetz · · Score: 2, Interesting

    Remember, when you buy something, you accept the sale conditions that the seller (owner or owner's agent) specifies. That's a contract between you and the seller. If that contract involves DRM, well, too bad, but remember, you are not obligated to make the purchase.

    Except that in some cases, even those conditions are not enforceable.

    Many years ago (early 1900's, I think), book publishers tried to insert conditions on the front page of a book saying that you couldn't resell the book, etc. It was struck down, and thus the "doctrine of first sale" was born. (or something like that, IANAL and my memory isn't what it used to be).

    So there might be an argument that these doctrines take precedence over the "agreement" entered into when you first started using iTunes. But nobody's tested it (and probably never will).

  85. Re:I thought Apple Was Different? by Anonymous Coward · · Score: 0

    No, they just want you to THINK they're DIFFERENT.

    aQazaQa

  86. Re:Let's hope indeed by gpinzone · · Score: 1

    That's not true in this case. Apple is using two tools at their disposal: Copyright law and the DMCA. What they're saying is that you can't crack the files because it's a violation of the DMCA. The software is used (in their opinion) is a tool to redistribute cracked AAC files and that's copyright infringment. At no time are they talking about any end-user contract. It has no bearing this issue. If Apple goes after end users who use this tool to crack their music files so they can transfer them to other players without ripping them to CD, then you'll have a point.

  87. Re:Let's hope indeed by whelck · · Score: 1

    I've never had a problem with it before. Maybe back in the day I authorized all my computers, but I don't remember doing that. I'll have to check and see. But if worse comes to worse, you can always burn and rip to mp3. I've never had problems with that in the past.

  88. Re:Must... never... pay... for... music!! by Anonymous Coward · · Score: 0

    sheesh is right. do you really think this is about pirating?

    I'd wager that 90% of the people downloading this just want control over the music they have purchased. (please no silly arguments about purchase vs license) Remember, in order for this to work, you have to have purchased the music in the first place.

    I don't think this is a matter of Apple being draconian, as other's have stated, they have done what they had to do to get this going. That doesn't make it right or desirable or something we should lie down and take.

    Downloaded music should be _at least_ as good a value as a physical CD - and it's not. Especially when you consider the hassle-factor of the DRM. But the convenience and immediate gratification of the iTunes store is sexy to the extreme. However, -- and I'm sure other's feel the same way -- there has been buyer's remorse with every purchase I've made from the iTunes store.

    I've paid a premium for a crippled, hassle-ridden product. Oops, I reformatted the drive on that machine with out deauthorizing it from the iTunes store, damn! one less place I can play those songs with out some huge hassle trying to figure out what to do... Oh Damn, I accidently deleted the songs themselves!

    And for anyone who doesn't think the price is a premium, consider the fact that for what is usually only a few dollars more and in more and more cases virtually the same price, you get physical media, liner notes, lyrics, and pristine uncompressed audio that you can manipulate (encode) for your own personal use to your hearts content.

    To put up with the restrictions and inconvenience of the Fairplay DRM, I think the price should be much lower, something like $4 per album and $.50 a song. If I _really_ like the music I would inevitably buy a physical copy for the pristine audio and freedom of use.

    In my opinion, and most certainly in my own case, Playfair actually increases the likelihood of purchases from the itunes store.

  89. Interesting difference in language by Rogerborg · · Score: 1

    The US C&D said "we demand". This one says "you are hereby called upon to".

    Conclusion: Sarovar should tell them to call a little louder, or get lost.

    --
    If you were blocking sigs, you wouldn't have to read this.
  90. Re:I thought Apple Was Different? by Anonymous Coward · · Score: 0

    You thought wrong.

  91. Cue the Apple apologists by acceleriter · · Score: 1

    They'll say Apple had no choice, that they'd lose their contracts with the record industry, that they're not really DMCA-wielding jackbooted thugs, that they're really not just a more stylish, metrosexual, smaller version of Microsoft, with more of a fiefdom than a monopoly.

    It amazes me that a company like Apple that sometimes seems to "get it" is engaging in an attempt to litigate something off of the Internet. Search the peer to peer networks for "playfair" and see how well it's working. Is Apple going to start suing 13 year olds and grandmothers, too?

    --

    CEE5210S The signal SIGHUP was received.

  92. So many people missing (a lot of) the point by sab39 · · Score: 2, Interesting

    So many people are missing one important reason why PlayFair is important.

    Think "iTunes store for Linux".

    Think Open Source iTunes store for Linux.

    Think someone reverse-engineering the protocol for iTunes store and allowing music to be downloaded - AND PAID FOR - on a Linux computer using only Open Source software.

    That would be a big deal. Apple's never going to do it. Playfair is necessary (but not sufficient) to make it happen.

    Furthermore, it's probably the only way that I'd ever use iTunes store. I haven't decided for sure whether I'd consider using a binary proprietary iTunes release for Linux, but I certainly won't be using a Windows or Mac version.

    The Open Source client could even enforce the DRM when used unmodified - I'd still use it, and I wouldn't hack the source to remove it. Probably some people would, but those people already have Playfair anyway. I have no need to bypass those restrictions, but I do need a Linux client if I'm going to use the thing at all.

    So in a small way, Playfair would allow Apple to make a little more money (by selling to Linux users - a small but not non-existent, and growing market) without costing them a cent in development costs.

    1. Re:So many people missing (a lot of) the point by Anonymous Coward · · Score: 0

      Apple originally shipped non-Apple software to allow the use of the iPod with Windows, I'm sure they'd be happy for an open source iTunes equivalent for Linux.
      What they obviously won't do is stand by whilst people remove the DRM and contravene the license under which the music was purchased because doing so would place Apple in breach of the contracts they have agreed with the record companies.
      It's all fairly straight forward.

    2. Re:So many people missing (a lot of) the point by Anonymous Coward · · Score: 0

      No, Apple does not want 3rd party implementations of iTunes/FairPlay. They've turned down Real Networks, who even wants to pay them $$$. Keep in mind that you can be sure AppleDRM is patented nine ways from sunday.

  93. Time for the /. IANAL to begin-Strong laws. by Anonymous Coward · · Score: 0

    Bingo! And if India wants to be business central (outsourcing)? Then they have to have a business climite that favours strong copyright protection (just look at the issues China's having).

  94. Re: by Anonymous Coward · · Score: 0

    When does it become automatically evil when a human wants to defend their rights as a purchaser of goods?

    When Apple thinks it is wrong?

  95. I just don't get it by bogie · · Score: 3, Insightful

    People act like this is a tool that let's you hack into the Itunes Store and get Free unencrypted files that are then automatically shared for Free on the Net. Gimme a break. Playfair is one of a million other things people use "not in accordance to manufacturer guidelines". Just because its Apple we supposed to give them a free pass for cracking down? What's next? If I use my Oven to dry clothes instead of cook food do I go to jail because the Oven maker says your not allowed to put anything but food in it? And don't give me any of this "well don't buy from Itunes" crap.

    Gotta love a whole generation of people who have nothing better to do then get all up in arms because *gasp* you change the file format on a product you already own. Lastly of course my favorite response is when people say its "O.K," if you go from digital->digital(CD)->digital but not if you go from digital->digital(Playfair)->digital. If the end result is the same what the heck is the difference besides one method being slightly easier than the other. Oh right, the whole "not in accordance to manufacturer guidelines"...

    Sorry you think Playfair ruined your favorite incarnation of DRM. If this makes you uncomfortable you better get out of computing now because it just going to get worse.

    btw I understand you can do this with Applescript as well. So is Apple going to sue Apple now?

    --
    If you wanna get rich, you know that payback is a bitch
    1. Re:I just don't get it by naden · · Score: 1

      Lastly of course my favorite response is when people say its "O.K," if you go from digital->digital(CD)->digital but not if you go from digital->digital(Playfair)->digital.

      One's illegal. One's not.

      btw I understand you can do this with Applescript as well. So is Apple going to sue Apple now?

      Well you understood wrong. Read some of the many posts before, Applescript just automates the conversion of multiple music files using PlayFair.

      i.e. it STILL requires you to have PlayFair installed.

      --
      Funtage Factor: Purple
  96. Re:I thought Apple Was Different? by DAldredge · · Score: 1

    Because they have said they are different.

  97. linux by minus_273 · · Score: 2, Insightful

    This thread has been very intersting.
    at the moment, i am ripping out references to the GPL from a copy of the linux 2.6 kernel source i have been doing some research with.
    Once that is done, i will post a tar.gz it on a site binary only.
    Come and stop me.
    If you do, i will put it up on p2p networks. What isnt GNU supposed to be different? infomation wants to be free. I dont like copyrights.

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:linux by acceleriter · · Score: 2, Insightful

      The GPL is only a workaround to hoist copyright on its own petard. No one would bother with a binary copy of the Linux 2.6 kernel source, because pristine copies can be had anywhere. Either the GPL is valid or copyright is not--that's the whole point of the GPL.

      --

      CEE5210S The signal SIGHUP was received.

    2. Re:linux by minus_273 · · Score: 1

      im talking about a modified binary with no way yo get the source.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    3. Re:linux by acceleriter · · Score: 1

      OK. But if it were distributed non-commercially on a P2P network, there would be no one to go after. The GPL isn't out to try to restrict distribution--its ultimate goal is to rein in copyright.

      --

      CEE5210S The signal SIGHUP was received.

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

      ...with no way yo get the source.

      For the Linux kernel? Dude, you're way late to that party.

    5. Re:linux by arkhan_jg · · Score: 3, Informative

      *sigh*

      Someone else that doesn't understand the difference between a EULA and the GPL.

      The GPL has zero clauses about how you use a product. Once you've downloaded a GPL'd program, you can do anything you like with it - run it how you like, or print it out and stick it to your cat, even use it to run your tinpot dictatorship torture chambers.

      Music downloaded from itunes has an implicit licence (or even an explicit licence - I can't find out, as they won't let us heathen british in yet), enforced by DRM, which restricts how you use the music. You can't put it on anything but an ipod, you can't sell it to anyone else, you can't easily transcode so you can listen to in other than your "Apple Approved" equipment (yes, yes, I know about the cd-burning. My only machine with a burner runs linux.)

      NONE of these are protections entitled by law. EULA's are unenforceable fake contracts. The ONLY thing stopping you is the DMCA, which prevents you circumventing protections, even when it otherwise LEGAL to do so.

      Even that is debatable, as the DMCA does not prevent reverse engineering for interoperability, so it could be argued that, even in the US, you are entitled to media shift your legally purchased music to use on an alternate player.

      So the GPL allows you to do whatever you want with the product, Apple'd DRM does not. One is as open as you can be, one is very restrictive (if you don't own 100% apple equipment)

      When you get a GPL program, you can copy it as much as you like, and distribute as much as you like, even distributing modified versions. Except that's illegal under copyright law, so you need permission to do so. The GPL grants you that permission, as long as you distribute the source.

      When you get an Apple DRM file, you can make a handful of copies for personal use. You can't give it to anyone else at all, even to legally sell your only copy!

      So even with making copies, the one thing copyright law prevents, the GPL is very open, while the Apple DRM is very restrictive.

      Playfair has nothing to do with copyright (the right to publish copies, natch). Playfair allows you to remove the DRM-enforced USE restrictions.

      It's as defendable as a record button on a video player, it's as defendable as a lockpick, it's as defendable as a crowbar - all of which can be used for legal, or illegal things.

      Apple have the right to sell their products with use-restricting DRM; we have the right to remove it.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    6. Re:linux by minus_273 · · Score: 1

      no the GPL does restrict how you use the software and you agree to it when to do. the restriction is on use of the software for profit by distributing it without the source or the ability to get the source.
      the GPL is like a EULA in the sense that you must agree with it to utilize it in certain ways.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    7. Re:linux by Anonymous Coward · · Score: 0

      Litsen to the whining of an Apple fanboy. Cry, child, cry.

    8. Re:linux by arkhan_jg · · Score: 1
      no the GPL does restrict how you use the software and you agree to it when to do.
      the restriction is on use of the software for profit
      by distributing it without the source or the ability to get the source.

      That is not USE of the software. That is DISTRIBUTION of the software.


      They are legally two separate and different things.One is protected by law, one is not.


      You can USE the software for profit as much as you like without distribution.



      the GPL is like a EULA in the sense that you must agree with it to utilize it in certain ways.


      Nope. You NEVER have to agree to the GPL. that's your right, nothing forces you to accept it, the GPL itself tells you that.


      However, if you distribute ANY large piece of code (not just GPL) without permission, you're breaking copyright law, and you can be sued by the copyright holder. The main exception is material that has been declared public domain, or has passed beyond the copyright period. The only other exception would be "fair use" rights, but there's no fair use right that allows you to publish a large or complete part to others.


      The GPL is your defence to being sued. If linus sues you for distributing your theoretical binary only kernel, your one and only defence is to wave that GPL and say 'but you already gave me permission to distribute using this licence'. However, that defence can only work if you abide by all of it's terms, to whit, distributing source with the binary.


      To contrast back to the Apple DRM'd files; there is no law, none, that prevents me removing that DRM using playfair. The DMCA prevents an american writing such a program, or distributing such a program, but USING it is totally legal.

      Using it, legally, to get back the legal rights that Apple has no legal ability to forbid (only technical ability) has a certain karma to it.

      Face it. The GPL is your defence to an accusation of breaking copyright law; Apple DRM is a restriction with no legal basis, especially not copyright.

      Copyright has nothing to do with Fairplay, so drawing a comparison with the GPL is silly, to say the least.

      To put it bluntly, EULA's and DRM take away your rights granted under law; the GPL gives you MORE rights than the law does.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  98. PlayFair is the better way to go. by Luscious868 · · Score: 2, Insightful

    How many computers do you have? You can authorize the files to be played on up to three computers, and if you have more than that, just set up a iTunes server. I have one box that has iTunes which I buy the music from. Then I just leave iTunes running all the time and I can then access the music from any computer in my house.

    (you can also just burn the song to CD and rip it back as mp3...)

    While what you say is true, there are those that are concerned that one day something may happen to the iTMS and they might not be able to access the music they've purchased.

    Now, as you pointed out, you can simply burn the files to a CD and then re-rip them as MP3's, AAC's or whatever format you like. However, the act of burning and re-ripping is circumventing the DRM, which is a violation of Apple's license agreement and possibly the DCMA. Since a user would be in violation of Apple's license if they burn and re-rip or if they use PlayFair to strip the original of the DRM, why would you not just make your life easier and use PlayFair? It eliminates some steps and ensures that the quality of the audio won't be degraded. In either circumstance, PlayFair or burning and re-ripping, you're circumventing DRM. Since that's the case, it's better to do it the easy way.

    1. Re:PlayFair is the better way to go. by in7ane · · Score: 1

      Something happens to ITMS? Won't affect you in the slightest (well, except authorizing new computers - obviously). Try this: authorize a computer, purchase some music, now unplug the network cable - music still plays, see?

      This will also work as a work around to getting more computers authorized - if ITMS lets you de-authorize a computer after it 'dies' (don't know about adding to their libraries though, but should be ok). Authorize a computer, load music onto it, now block all connections to/from ITMS, call ITMS, say your computer dies and you want to de-authorize it, repeat with another computer (until they catch on?)...

  99. Re:Let's hope indeed by log0n · · Score: 1

    I was starting to think I was the only person who felt this way :)

    If you (the rhetorical you) disagree with the terms of the sale, you don't make the purchase. That's all there is to it. You disagree with Apple's DRM, you don't buy the file. There's no rationalizing of why you can do what you want to do after the fact.

  100. DRM maintains the status quo by Zastrossi · · Score: 4, Insightful

    Let me quote Cory Doctorow here, who is fond of saying:

    No consumer ever woke up in the morning and said "you know, I want to do less with my music today".

    For me, it's the principle of the thing. If you look at the last hundred and fifty years of technological development, copyright regularly gets broken. It's happened again with peer-to-peer file sharing networks.

    DRM represents and maintains the status quo. Artists still get shafted while studios make more profit and we get less control over the music we 'own'. Furthermore, it endorses instead of punsihing an industry that refuses, again and again, to embrace technological change. Alternatives like voluntary collective licensing of music file sharing offer a way forward.

    In my view, buying from the iTunes store is a tacit approval of the music industry and its appalling treatment of its consumers over the past five years. Me, I'm waiting for a paradigm shift.

    1. Re:DRM maintains the status quo by Anonymous Coward · · Score: 0

      Let me quote Cory Doctorow here, who is fond of saying:

      No consumer ever woke up in the morning and said "you know, I want to do less with my music today".


      They will wake up and say exactly that the day they are paying a running subscription fee for their tunes/files

  101. Re:Why use a GUI when you can run an itunes script by Anonymous Coward · · Score: 1, Informative

    Instead of using AppleScript to run PlayFair, why not just use AppleScript to directly transcode the file?

    (Yes, you can do this. No, I'm not going to tell you how).

  102. No legal protection for bad code. by jamonterrell · · Score: 1

    I would just like to see an end to the legal protections for bad code. Law has no place in DRM, period. Companies are releasing their works in digital formats of THEIR choosing, but they are still releasing them, let's not forget that. I don't think the law should protect the fact that they release them more open than they intended to. I believe that since I paid for the file I should be able to do whatever I like with it, it's mine. If I want to I should be allowed to turn it into a different format, play it on any device I want or delete it at my own will, PERIOD. If they want to protect their interests, they have two options in my mind.

    1.) They can make me agree to a contract or license stating how I am permitted to use the media.
    2.) They can keep trying to write unbreakable encryption... good luck.

    Now, you're going to say that yes, they did choose both options, and thus I've broken the rules by changing the format of my media, and if I break the contract/license I agreed to then you're right, and they shoudl take me to court and sue me to protect their interests. But the second part is entirely seperate. I still should have the right to write a program that will play any kind of file I want. I want the same protection on the internet and with computers that all other industries have. Just because guns are used to kill people you don't see the families of victims sending Cease and Decist orders to Smith&Wesson... or at least they have no fear of having to stop making their guns. It's rediculous and it's high time we start taking our rights back in America.

    --
    I can count to 1023 on my hands. Ask me about #132.
  103. Feed the poor! by Anonymous Coward · · Score: 0

    "Like helping to educate and feed the poor?"

    Give Saddam and Osama some free soup! They have truly led lives of deprivation.

    1. Re:Feed the poor! by Anonymous Coward · · Score: 0

      Offer their underlings a better life. Stop oppressing them with trade barriers. That would put a dent in it.

    2. Re:Feed the poor! by MenTaLguY · · Score: 1

      "Like helping to educate and feed the poor?"

      Give Saddam and Osama some free soup! They have truly led lives of deprivation.

      I know Osama came from a fairly privileged background, but Saddam grew up on the streets. Serious question: what if someone had helped him then; fed and educated him?

      Saddam got where he is today as a result of a long string of bad decisions in hard situations (until he made his way up the ladder, anyway). He's completely responsible for the choices he made in those days, but need he have been in those desperate situations in the first place, really?

      --

      DNA just wants to be free...
  104. Safari? by Jugalator · · Score: 1

    Apple Hunts Playfair in India

    What are you trying to say, that they're on a Safari? :-P

    --
    Beware: In C++, your friends can see your privates!
  105. Freenet by scrod · · Score: 1

    Someone needs to just upload it to freenet and be done with it. I'm really interested in seeing how that would turn out legally. Perhaps any web page that linked to the file's URI would instead receive the C&D letters?

    1. Re:Freenet by Anonymous Coward · · Score: 0

      SSK@5Zy5e6nlgMfN3Bh23e3YAxYBYDAPAgM%2cJ35mMqZOsmvj pVZ77labzg/playfair/1//

  106. Re:Let's hope indeed by Saeed+al-Sahaf · · Score: 1
    Except that in some cases, even those conditions are not enforceable.

    If you know you shouldn't do something because you agreed not to do that thing, if you go ahead and do it anyway, you have shitty ethics.

    Enforcable or not, *YOU* *AGREED* not to circumvent the DRM. Is your word *NOT* you bond? Perhaps I don't want to do business with you...

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  107. No infraction here .. move on by Macka · · Score: 1

    But there are other examples of legal fair use. Like playing your purchased music on a Linux or OS/2 machine
    If you want to play your purchased music on your Linux or OS/2 machine, then just insert the CD you just burned on your Mac into your PC drive and go. If you then decide you want to keep that music on your Linux hard drive then you can rip it from the CD! Apple's DRM doesn't stop you moving music from system to system, it just makes it a 2 step process. Where exactly is the infraction on my rights again?

    1. Re:No infraction here .. move on by Warpedcow · · Score: 1

      If you want to play your purchased music on your Linux or OS/2 machine, then just insert the CD you just burned on your Mac into your PC drive and go. If you then decide you want to keep that music on your Linux hard drive then you can rip it from the CD! Apple's DRM doesn't stop you moving music from system to system, it just makes it a 2 step process. Where exactly is the infraction on my rights again?

      That assumes that I have a CD burner and CD-Rs. What if I don't? Do you think I should need to buy them in order to play my music on a machine that I own?
      --
      moo
  108. The almighty blue apple by Anonymous Coward · · Score: 0

    there's no escaping the wrath of Job(s) it has like three letters almost like another three letter word with an 'o' in the middle which has been known to strike out that those supposidly out of reach.

    excuse me while me and my iMac go to devotion.

  109. Another Country? by DCowern · · Score: 2, Funny

    Let's hope that 'PlayFair' might appear in some other country now.

    In Soviet Russia, Apple plays fair!

  110. Re:A few thoughts more by Anonymous Coward · · Score: 0

    please die, kthx.

  111. NotFair by YouHaveSnail · · Score: 2, Interesting

    If you ask me, making Apple play Whack-A-Mole by running around to different countries trying to find one that's friendly to your cause is a lot like SCO or Microsoft shopping around for the friendliest venue in which to have their various cases tried. If you've actually got a legal leg to stand on in your own damn country, then make your case and get on with it. Else, stop your infringing behavior, and stop giving the rest of us a black eye.

    The current strategy definitely does not live up to the name "PlayFair."

    1. Re:NotFair by Anonymous Coward · · Score: 0

      Now try telling it to someone who actually cares.

    2. Re:NotFair by TiggsPanther · · Score: 1
      The current strategy definitely does not live up to the name "PlayFair."

      The same could be said about "FairPlay."

      --
      Tiggs
      "120 chars should be enough for everyone..."
  112. in sov..... by Anonymous Coward · · Score: 0

    in soviet russia, software hunt lawyers..but seriously,
    it should move there....

  113. You contradict yourself. by Saeed+al-Sahaf · · Score: 1
    What they're saying is that you can't crack the files because it's a violation of the DMCA.

    And then...

    At no time are they talking about any end-user contract.

    Yes, they are talking about the end-user contract. It is the end-user contract that specifies that you are not to crack the file.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:You contradict yourself. by gpinzone · · Score: 1

      That are NOT using any end-user contracts to make their point. There is NO end-user contract between the people hosting the site and Apple.

  114. Re:Whatever happened to the interoperability claus by Sloppy · · Score: 2, Insightful

    You would think that argument would work, but the same argument would have also applied in the MPAA-vs-2600 case. 2600 lost.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  115. Re:Whatever happened to the interoperability claus by falcon5768 · · Score: 1

    It is illegal anything that circuvents DRM out into place when there is no need to circuvent it IS illegal. You can burn a DRM free CD, you can upload it to any iPod you want... the DRM DOESNT hurt people and was deemed a legal DRM so therefore the DMCA says if you circuvent it your breaking the law. Trust me Apples lawyers know what they are doing... just because a shitload of jolted up hippy computers users think its illegal doesnt me they are right

    --

    "Slashdot, where telling the truth is overrated but lying is insightful."

  116. Re:Whatever happened to the interoperability claus by pjt33 · · Score: 1

    Most songs aren't "programs". Or is your argument that stripping the DRM is for the purpose of interoperability between iTunes and another mp3 player?

  117. China China China!!!!! by Anonymous Coward · · Score: 0

    If the folks at sourceforge had a clue, they would setup a mirror at Pirates Central!

    in Guangzhou or some other little Chinese city

    where they probably use C&D letters as toilet tissue on their tough asses.

    in fact if you learn chinese and search hard enough, I bet you fill find multiple copies of Playfair on various chinese servers.

  118. my usage-Typical human response. by Anonymous Coward · · Score: 0

    "You want iTunes for Linux? Petition for iTunes on Linux."

    But, but, that sounds too much like work. I hate work. I'd much rather bitch in a public forum about some ficticious right being violated, and I did read the agreement...with my eyes closed, so it's not binding, rather than try and do the right thing. Of course I'm only thinking about myself, and don't care what the reprecussions of my actions are. So who care's if iTMS closes due to my actions. I got what I want. Woo, Hoo!

  119. Fuck off by Anonymous Coward · · Score: 0

    Subject says it all

  120. Re:A few thoughts more by Anonymous Coward · · Score: 0

    I was unaware the software had not been ported to the Mac (familiar situation ....), However, someone else has posted an applescript.

  121. Re:I thought Apple Was Different? by Anonymous Coward · · Score: 0

    This is the future without DRM.....
    http://homepage.mac.com/mattbrook/macbih ap.html

  122. About stores depending on DRM by enosys · · Score: 1
    I guess I have to agree that music download stores probably depend on DRM. No that doesn't make sense logically in terms of preventing piracy. It's just that I'm sure it makes record companies more willing to release music in that format.

    I guess they're just stupid. Anybody can easily download music without DRM from file sharing networks. Often it's at higher bitrates and sometimes it's even in a lossless format like Mokey's Audio (APE). Furthermore I can't see how DRM can work because if you can decode it to play it then you can strip the DRM from it and distribute it. No, the software might not support that but cracking it can't be hard.

    The only thing DRM really accomplishes is it annoys people who legally download music. Compare the amount of software and hardware that can play plain MP3 files with the amount that can play DRM formats. What about if you live in a country that they won't sell to? (Where's the logic there anyways?) What about if you want to move to another country and iTunes wants to delete all the music you purchased? (I remember reading about that on Slashdot.)

    Simply watermarking music so the original purchaser can be tracked might be a nice un-intrusive way to protect music. However, with all the viruses and worms going around you'd probably find that some people have their music stolen through back doors and then they'd be liable for that.

  123. No, they are mad-dogs by Anonymous Coward · · Score: 0

    No, his underlings are mad-dogs not interested in prosperity. They only want to kill those who do not worship the Muslim god.

    "Stop oppressing them with trade barriers"

    If we stop those, then the dictators get even more powerful and oppressive.

  124. Re:Must... never... pay... for... music!! by SkipNewarkDE · · Score: 1

    I always wonder what the big "hassle" is about Apple's DRM? I mean, seriously. I burn as many CD's as I want. I use the downloaded music in my DVD projects. I copy the music to my iPod and listen to it there. I listen to it on THREE of my computers. The only inconvenience I have run into is getting the music onto a crappy MP3 player that I sometimes use. But that is a minor nuisance, so I gotta drop a quarter and three minutes on making an interimn CD and rerip as MP3.

  125. Re:Far fewer than if Gore been elected by Anonymous Coward · · Score: 0

    Sadly, we support so many terror organizations (Israel, Saudi Arabia) that we'll never be out of this mess. Bush and his "bring it on" attitude is only making things worse.

  126. Re:Why use a GUI when you can run an itunes script by Anonymous Coward · · Score: 0

    OK, that's it. We'll see you in court, mister Coward.

    --- The Apple Legal Team

  127. What's that? Get *involved* ?! by Anonymous Coward · · Score: 0

    Nah, I just wanna fuck shit up!

  128. YANAL by Kaseijin · · Score: 2, Informative
    ...something that HAS NOT BEEN termed illegal - go buy the CD and then sell the CD back to a used store once you've ripped it.
    That's co--pardon, COPYRIGHT INFRINGEMENT. When reselling a copyrighted work, one must surrender or destroy all copies.
  129. Re:Must... never... pay... for... music!! by Anonymous Coward · · Score: 0

    If music has no value to you, why do you want it so badly?

  130. Don't buy from iTunes, asshat, by RatBastard · · Score: 3, Insightful

    If you don't like iTunes DRM, don't buy from them. Go to the store and buy the CD! Or, buy it from Amazon or some other online retailor!

    --
    Boobies never hurt anyone. - Sherry Glaser.
    1. Re:Don't buy from iTunes, asshat, by ryanwright · · Score: 1

      If you don't like iTunes DRM, don't buy from them.

      Or buy it and break the DRM. That's my right as a consumer, to listen to my music on any device I please.

      --
      -Ryan, with the unoriginal sig
  131. Apple Covering Their Own Butts? by the+pickle · · Score: 2, Interesting

    Something I haven't seen addressed here yet is this:

    Is it possible that Apple is doing this to cover their own butts? I don't think there's any question that the industry would take their ball and go home, so to speak, if Apple were to effectively ignore such a program, but worse yet, could Apple actually be sued for allowing PlayFair to exist unmolested?

    IANAL, but I'd like to know unofficial legal opinions from SOYWAL (some of you who are lawyers).

    p

  132. I bet you can host it in ... by pvera · · Score: 1

    Anywhere in *.ro !!!

    --
    Pedro
    ----
    The Insomniac Coder
  133. It COULD choose by UID30 · · Score: 1
    3. Whether or not the DMCA is unconstitutional is irrelevant to the fact that, at least with regard to Sourceforge, Apple used a law in existence in its favor - how can it be faulted for that?

    It could choose NOT to seek enforcement of the DMCA in this case, rather than supporting the supression of a user's right to choose where and how a purchased media product can be used.

    The number of arguments is irrelevant unless some of them are correct. This is not a grey area. The choice is clear. The right to use vs perpetual indenture to a media format provider.

    Apple has fulfilled it's requirement (to RIAA no doubt) to obfuscate the media content it is delivering. Taking a neutral stance on encryption circumvention of this product would doubtless earn them respect in the eyes of users rights advocates, while heavy handed enforcement of a law with such dubious pedigree as DMCA can only hurt their reputation as being a "friend of the little guy". Again, the choice is clear.

    Corporate politics be damned, but I hope to live to see the day a company actually sides with it's users rather than big media.

    5. If you don't like the iTunes Music Store license, don't buy music from it.

    Exactly. I understand and accept that apple wants to promote their hardware products. I only ask that apple understands and accepts that promotion of their products by means of legal threats in opposition of users rights prevents my support and use of their products. As mere users, with apparently no rights, the only thing we can do is not support them. That is my choice.
    --
    "Glory is fleeting, but obscurity is forever." - Napoleon Bonaparte
    1. Re:It COULD choose by black+mariah · · Score: 1

      You don't have any rights to choose where and how purchased media is played, if you bought it through iTunes. When you do so, you are bound by their agreement. You made the decision that buying only the exact songs you want is favorable to playing CD's on anything you want. If you don't like it, don't use iTunes.

      Tell me, even without DRM would you use iTunes?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    2. Re:It COULD choose by UID30 · · Score: 1
      You are exactly correct.

      If i were in the market for a service like iTunes, i would divide the market into 3 categories (in order of preferential subscription)
      1. all services unencumbered by DRM.
      2. services encumbered by DRM in name alone (e.g.: those not enforced legally)
      3. all others.
      each of the services would then be rated in terms of usability, availability, and cost ... after which i would doubtlessly come up with some arbitrary value for each & make a choice as to service. at this time, iTunes falls into the 3rd category ... and rather than settle for something that degrades me as a human being, i would rather wait and see what technology brings me tomorrow.

      to quote Andrew Tannenbaum,
      The nice thing about standards is that there are so many to choose from. And if you really don't like all the standards you just have to wait another year until the one arises you are looking for.
      i'm waiting for a unencumbered standard.
      --
      "Glory is fleeting, but obscurity is forever." - Napoleon Bonaparte
  134. Circumventing DRM by Anonymous Coward · · Score: 0

    I'm not sure why people don't do this by my creative sound card has an option to record what is being played. This isn't circumventing DRM as discussed in the previous slashdot ask an internet lawyer article. Why don't people just do this? Its just as easy as using the program to remove the DRM. Sure you lose some marginal amount of quality but on an MP3 player with shitty headphones on the quality isn't really and issue at all

  135. Linux marketshare 2%? by Anonymous Coward · · Score: 0

    > The Linux marketshare (2%) simply isn't big enough to pay attention to yet.

    And yet another guy who's smoking good stuff. Where do you even get that 2% marketshare for Linux desktops? Apple is barely 5-6%!

    I'd like to see the logs for Slashdot. I'm sure even here with all the LinuxZealots(tm), the Linux share is below 10%.

    Hey Neal, open up the logs to us! We wanna know!

  136. Idiot.. by msimm · · Score: 1

    Where do you guys come from?

    "They're either flat out thieves.."
    "..or they're hair splitting posers who'll bitch about it on principle alone.."

    For starters, burning every digital album I purchase just to be able to listen to it over the network from a Linux/Solaris/BSD/BeOS/DOS/Amiga/TRS-80/Etc computer is not something I'd realistically do. Its just not convenient and the sole advantage to purchasing these lower quality digital files is...c'mon you can get this! Convenience! So rather then being a 'flat out thief' I'm more of a honest consumer, the only posers I see here are all the Apple fan boi's out there who can't seem to fathom why on earth anyone would want to use anything but the iPod and their shiny Mac to eat, breath and shit.

    But do me a favor, take it on faith. There are Mac users who use hardware and software in their day to day lives that is not blessed by Apple (don't tell anyone, but some of it is actually good too).

    Next time you feel inclined to stand up on your little pulpit, think about it a little more. Somehow we've been brainwashed into thinking theirs only two kinds of people, happy proprietary DRM users and thieves. That's insulting and that's bullshit.

    FTR, there are plenty of honest companies out there selling great music without DRM and often with higher quality codecs. I'm pretty fond of Magantune.com right now, but I'm sure other readers could point out a whole slew of others.

    --
    Quack, quack.
    1. Re:Idiot.. by JudgeFurious · · Score: 1


      Then don't buy them from the iTunes music store maybe? If you want to listen to your digital music on your Linux/Solaris/BSD/BeOS/DOS/Amiga/TRS-80/Etc computers then what you're looking for isn't available from iTunes.

      More important than that there's no reason in the world why it should be. Apple has no interest in your needs as far as this wide range of listening options is concerned. They can cover you on a Mac, on Windows, on an iPod if you wish, and on any CD player you happen to own if you want to go to the trouble of burning the songs to a CD.

      Outside of that they're not in that business. In those areas it's as convienient as it gets.

      I've got tons of non-Apple software and hardware. I'm not an Apple "fan boi" who's sitting up on a pulpit trying to defend their every action. I'm just another guy out there using what they are selling (music-wise) and trying to figure out why this is an issue. They sell you music. They include the bare minimum DRM that the record labels (who own this stuff whether we like it/agree with it or not) require. They tell you what you can and can't do with it right up front. They came up with an answer. A compromise that anyone willing to compromise can easily live with on an issue that's very much a pain in everyones ass.

      So what's the first thing people do as soon as they can? They start to try and figure a way to screw it up. The compromise isn't good enough for them. They want more options, they want more "rights", they want literally the keys to the fucking kingdom and they aren't going to settle for anything less. And when Apple slaps someone down for messing with their well done compromise then out come the whiners complaining that Apple is whipping out the evil on innocent souls just trying to listen to their music on their Linux/Solaris/BeOS/DOS/Amiga/TRS-80/Etc computer.

      Now it seems pretty clear to me that the labels aren't interested in doing that and they're willing to go to the trouble of taking kids and grandmothers to court over it regardless of the negative press it generates.

      I've not been "brainwashed" into thinking that the world is divided into the two camps you cite. Hardly.

      Who sounds more brainwashed to you? The people who can tell the difference between degrees of winning and losing ("This DRM" is not as invasive as "That DRM" and "No DRM" is obviously a pipe dream with regards to our future) and people who can apparently only see a "DRM" or "No DRM" world? If there are "shades" of people ranging from happy proprietary DRM users all the way down to thieves and you can accept that clearly then how come you can't look at DRM and accept that there are varying "shades" of DRM that range from draconian to none. How come you can't accept that a compromise here is inevitable when it so obviously is?

      You're going to get it whether you want it or not if you want to listen to music coming from the major labels and well known artists catalogs. Sure you can download independant music without it. You can listen to whatever you want and download from these other services all day long. There's a lot of good music there too no doubt about that. If you want the music that's being sold through iTunes though (and more often than not isn't being sold anywhere without some form of DRM) then it's coming with DRM.

      --
      Appended to the end of comments you post. 120 chars.
    2. Re:Idiot.. by msimm · · Score: 1

      I don't have a problem with companies using DRM. I have a problem with community members telling other community members that they have no right to disable what amounts to a glorified wrapper. I have even more of a problem with community members characterizing consumers audacious enough to disable DRM wrappers as pirates or thieves.

      Because I don't believe that's what this is about. This is a consumer response, not the black market. I remove the label from my mattress, am I an arsonist? I believe this is too important an issue to allow such cartoonish characterizations to go unanswered. I wire my home with Squeezeboxes and purchase albums via iTunes, should I not listen to music? If that's what you believe, I'm sorry, but I will and stealing or posing has nothing to do it.

      I don't mean to attack you specifically, but I've been hearing an alarming amount of PHB style responses like yours and am feeling a little fed up. Slashdot has always been more of a pulpit for OSS and software hackers. What give?

      --
      Quack, quack.
    3. Re:Idiot.. by Anonymous Coward · · Score: 0

      I'm totally with you, but you need a new analogy. Those mattress tags explicitly say that the owner can remove them. Go read one and see, that is if you haven't already pulled all of yours off and thrown them away...

    4. Re:Idiot.. by JudgeFurious · · Score: 1

      Hey man, if you bought the song and understood that one of the terms of that purchase was that you specifically not touch that "glorified wrapper" but did it anyway then I'm sorry but I think you're in the wrong and whatever Apple slams you to the turf with is (to borrow the term) "fair play".

      I had a consumer response once. I was (like so many of the people in here were and still are) very unhappy with the state of the music business and CD's in particular. I downloaded piles of free music from Napster and then later Kazaa. I said up and down that I wasn't stealing anything, this was WAR. I swore that when the music industry would let me buy songs by the track (not album) and for a reasonable amount of money with a (in my opinion) minimal amount of DRM that I could live with then I would stop stealing their shit.

      iTunes did what I asked for. I in turn started buying my music there and (with no small amount of regret) I blew away my mp3's. Ok, whatever I owned on CD I still have as an mp3 but I ditched the downloaded stuff and started replacing it with paid for songs.

      The mattress tag is not a particularly good analogy. The tag is completely ok to remove if you purchased the mattress. It's not to be removed by the people selling the mattress.

      And I don't believe you should not listen to music. Like I said you can (and should, I encourage you to) listen to whatever music you want. It's not about what you're listening to though. It's about how you buy it. If taking the "glorified wrapper" off of the file is terribly important to you then I submit (again) that iTunes may not be for you.

      The labels (who I despise despite what you may think from my posts up till now) aren't going anywhere (at least not anytime soon) and someone is always going to own "Led Zepplin IV" or "Sgt Pepper" and that's done. Too late to pry that from their fingers.

      I really believe that one day music isn't going to be controlled by money grubbing suits who screw us coming and going but the stuff in the past is owned. Most of the stuff being made now is owned. They're going to protect what they own and if we want to listen to it we're going to have to peacefully coexist with them.

      Putting Apple in a corner between us and them (and that's how I've seen anyone monkeying with iTunes since the day it appeared) is a bad plan though. Succeed in breaking it and the next version of iTunes you get will lock your ass down so tight you won't be able to whistle the song without someone wanting to "authorize" your lips.

      I'm just saying there's a time to fight the power man and there's a time to count up what you've got and go home relatively content.

      I'm relatively content.

      --
      Appended to the end of comments you post. 120 chars.
    5. Re:Idiot.. by msimm · · Score: 1

      Well, here's the thing (two things really):

      1) No encryption scheme is really going to work, no matter what at some point the music must be unwrapped (yes, it is a glorified wrapper).

      2) This still has nothing to do with P2P. "I downloaded piles of free music from Napster and then later Kazaa. I said up and down that I wasn't stealing anything, this was WAR." That wasn't war, you might have felt angry, but it was theft. I'm not advocating theft (musicians have a right to get paid, just like the record company). I'm advocating Fair Use, or at the very least I'm advocating a post-consumer environment that is a little less in my business, because unless I'm breaking a law (ie firing up Kazaa and redistributing the tunes) I don't want businesses worrying about what I am doing.

      That turned into a longer rant then I'd intended.

      PlayFair doesn't allow people to illegally share music (it takes an individual to do that), it does allow them to use music they've purchased on other devices and I believe that's fair use.

      --
      Quack, quack.
  137. DRM is not the problem, it's Apple's implementatio by Anonymous Coward · · Score: 0

    Yes, it would not work for Apple to have non-DRMed music store. It's not an issue that it has DRM. The issue is mostly in the limitation of the non-standard DRM. Their implementation makes it impossible to use with non-iPod devices that do support raw AAC. If they didn't have exhorbitant licensing fees, more devices would offer support for their AAC. And maybe if they were giving in somewhat to licensing the DRM technology to people like Real and device makers, you wouldn't have people trying to hack it. Get a life, Apple fan-boys. Your precious company has a right to profit, but why do they always do so by vendor lock-in? They're probably trmebling at the thought of reasonable licensing and losing more money through itunes by not selling as many iPods.

  138. Re:A few thoughts more by Anonymous Coward · · Score: 0

    omg tehy cna disabel teh divX??? How cna i wathc teh pr0n then omg !!!!!!!!!!!!!!!

    Hopefully, they will re-enable your spelling program.

  139. Well by Kjella · · Score: 1

    First it's easy. Then it's a bit harder. Then it's a lot harder. Then it's almost impossible. Then it's *too* hard for you. Where do you go then? Start complaining then?

    "Well, these anti-piracy measures have been in place now for 10 years. However, since the frog was boiled slowly, no mass protests came about, and by now most have resigned to music coming on crippled shiny discs or DRM'd files. Sorry kiddo."

    Granted, us on slashdot are likely to be some of the last ones to go, but still. Either you have the right or you don't. The very reason you cite, might be a reason to dispute it under the DMCA though.

    If you can save it to CD without DRM, isn't that proof then FairPlay is not a mechanism that "effectively controls access"? That is in fact optional, since you can choose to save it in a non-crippled format?

    Kjella

    --
    Live today, because you never know what tomorrow brings
  140. Re:Wait wait wait by pulse2600 · · Score: 1

    I'm assuming you have at least one mac or pc. If you bought a mac or pc in the last 3-5 years, it came with a CD burner. I have not seen any major computer manufacturer recently make a pc without a CD burner, or at least offer one as a "free upgrade" or whatever. With a mac you don't have a choice, they just give you one. What you are trying to do is find an extremely unlikely argument that DRM should not be used at all, probably so you can do something illegal in its absence.

    Let me ask, how do you make your Linux installation CDs? Do you download it onto each machine you want to install it on? What's that? You have a CD Burner?

  141. Fair use in the UK by j-b0y · · Score: 2, Insightful

    Doesn't even exist I believe; at least not in the context of making copies for personal use, at least according to this Register article. At least in the US there is at least some legal protection (currently under attack, admittedly)

    --
    Please remain calm, there is no reason to pani... wait, where are you all going?
    1. Re:Fair use in the UK by /dev/trash · · Score: 1

      Fair use in the context of making copies for personal use doesn't exist in the US either.

    2. Re:Fair use in the UK by arkhan_jg · · Score: 1

      There are "Fair Dealing" rights in the UK, which are basically the same thing.

      They're not very precisely defined (in terms of quantity), which
      is half the problem. You're specifically allowed by law to copy a portion for "private study and criticism and review and news reporting".

      Using the record button on a cassette/radio to 'time-shift' broadcasts, or the same with a video to time-shift TV broadcasts has been judged in court to be a fair dealing right also.

      Technicially, the court case only allows you to watch the timeshift once, then you're supposed to wipe the tape!

      Conversely, making an entire copy of the work to 'media-shift' (copying one for your car; ripping it to your pc; converting AAC to mp3 via CD) is technically illegal, as the personal study fair dealing exemption specifically does not allow for entire copies.

      Therefore, everyone advertising products in the UK with the specific ability to 'rip, mix and burn' (I'm looking at you, Apple) is committing vicarious copyright infringement! (what they nailed napster with)

      Isn't life ironic?

      Of course, that's the typical UK position. Make it illegal, but don't enforce it. That way the law won't get amended (the courts would almost certainly grant 'media-shifting' as a fair dealing right, if it every came up in court), but they can do whatever they like DRM wise, as technicially, we don't have the rights they're taking away in the first place.

      That said, there's no law in the UK (yet) that prevents removing said DRM, as protection schemes are not protected from interference here. So we could use PlayFair to our hearts content, as long as we don't transcode the resultant file...

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  142. Disrespectfully Yours. by Anonymous Coward · · Score: 0

    " So many people are missing one important reason why PlayFair is important.

    Think "iTunes store for Linux".

    Think Open Source iTunes store for Linux."

    Actually I would recommend that Open Source run away from this as fast as possible. Our reputation is already under assault. The larger community is basically going to say "Why should we release such, and such if those communist open sourcers are going to violate it six ways to the compass?"

    If we want to go the "we'll do it all by ourselves" then we can continue down this path?

    Else we need to acknowledge that we need the larger community with their apps, and hence we need to at least show them some respect. And protest in a manner that doesn't make us look bad, if something we disagree with shows up.

    In other words, people aren't going to do things for you if you repeatedly tell them "Fuck You!".

    1. Re:Disrespectfully Yours. by sab39 · · Score: 1

      You're still missing the point.

      My proposed Open Source iTunes store would honor the DRM. Of course, being Open Source it's impossible to stop someone else from coming along and taking that DRM code out again, but how many average users would bother to recompile an application that came with their distribution, when for the most part it would let them do what they wanted?

      Remember, for most people burning to a CD and ripping it (which Apple allows, so my proposed app would too) is much easier than downloading a patch and recompiling the app. And of the people who would go to this trouble, how many of them wouldn't just go and get Playfair off some P2P network if they were using the Apple client instead? The existence of an Open Source client that honors the DRM is no worse than the existence of Apple's client with Playfair out of the bag (which it is, and it ain't going back in).

      The point is that even if the actual app we build honors the DRM, the player itself has to "break" it to get to the content to allow it to be played. So, paradoxically, we need the DRM to be broken before we can write an Open Source app that honors it.

  143. Re:Wait wait wait by Warpedcow · · Score: 1
    I'm assuming you have at least one mac or pc. If you bought a mac or pc in the last 3-5 years, it came with a CD burner. I have not seen any major computer manufacturer recently make a pc without a CD burner, or at least offer one as a "free upgrade" or whatever. With a mac you don't have a choice, they just give you one. What you are trying to do is find an extremely unlikely argument that DRM should not be used at all, probably so you can do something illegal in its absence.

    I'm not arguing against DRM, I'm just saying that for some people, the iTMS DRM limits their fair use. We could argue all day as to how many people it actually affects negatively, but thats not the point. If there is even one person who wants to play their legally purchased AAC files on a non-Mac or non-Windows device, then they should be able to, as this falls under Fair Use, and PlayFair lets them do that, since they shouldn't need to buy/own a CD burner and transcode and lose quality in order to do that.

    Let me ask, how do you make your Linux installation CDs? Do you download it onto each machine you want to install it on? What's that? You have a CD Burner?

    This has nothing to do with me. I don't have iTunes or a Mac at all. I'm just arguing the principle of the matter, and not my own personal situation. I'm saying that there are plenty of legal uses of FairPlay. Of course there are illegal uses too, there are illegal uses of almost everything in the world ;) I think we shouldn't ban things because they "might" be used illegally. Yes, I think the DMCA is horseshit. And for the record, I'm not trying to flame Apple, I think they're great, and as soon as I have the money, I'll be getting a PowerBook.

    --
    moo
  144. RIAA, Apple and Cyberwarfare by phyrebyrd · · Score: 1

    I don't buy music CD's. I tend not to download MP3's. There's one source of free music that no one has mentioned yet that I have seen... What happened to the good old RADIO?

    Still, DRM is infringing upon our rights of Fair Use. Thus, the reason I do not support the RIAA's bankroll by purchasing CD's, Used or new, or anything else music related. I still think that their "FairPlay" crap should have been named "FoulPlay". But hey, that's just my opinion.

    I also don't buy DVD's... But I do go to the cinema. I just can't fit that 40' screen in my little motorhome, and I like big screens.

    Opinions are like assholes, everyone has one.

    -Phyrebyrd

    --
    "When the people fear their government, there is tyranny; when the government fears the people, there is liberty." -Thom
  145. Actually, that's perfectly legal too by Anonymous Coward · · Score: 0

    That like saying I bought a copy of Adobe Photoshop for Windows but I only have a Linux machine at home so its fair use for me to try to reverse engineer the application to run directly on linux.

    And what's illegal about that? Is Wine now a "circumvention device", too?

    Jeez. From listening to people here, you'd think content creators had the right to reach into your house and force you to use only Approved Operating Systems and Approved Software on your bought-and-paid-for boxes.

    The law allows for cracking to achieve interoperability. If Apple doesn't want Playfair, Apple should provide a Linux player for iTMS tunes.

    1. Re:Actually, that's perfectly legal too by smacku2 · · Score: 1

      But with Wine you are emulating the software. You are making a change to something which you licenced if you use Playfair or the example I gave earlier. If you actually created an application which still used iTunes DRM, then Apple would not be complaining about the issue.

  146. Re:Sadly this must reappear tilll we get it straig by Anonymous Coward · · Score: 0


    Why is this funny and not insightful?
    </mod-bitching>

  147. Copy Protection is Dead by feloneous+cat · · Score: 2, Interesting

    I recall a time when every software program "locked".

    There were many attempts at protecting this software from copying (recall this was back in the 5 1/4" days). Everything from bit mangling to (gack) writing your own driver to read a custom written track (in some bizzarro land format). Guess what? Folks got around it.

    Finally, some bright genius did some math and realized "hey, we are spending more money on this copy protection than it's worth". I recall the first program WITHOUT copy protection received more press than probably was due. PR? Marketing? Who knows.

    This concept of copy protection died years ago.

    First, it is not economically supportable without knowledge (read FACTS, not freaking guesses) how much and how many illegal copies are out there.

    Second, it is a waste of resources. Spending time and money on it reduces, not increases, your bottom line.

    Finally, in the long run your just pissing off the very customer base you want to expand. How many people bought from iTMS only to discover that they couldn't play the song on their favorite (non-iPod) music player? THEN blamed it on Apple when it was really the RIAA who places the restrictions?

    Yup. Copy Protection is dead. But then again, I could be wrong...

    --
    IANAL, but I've seen actors play them on TV
  148. Why are you championing this product? by masonbrown · · Score: 2, Troll

    Seriously, I welcome the fact that I can go and instantly buy a single song I heard and liked for 99 cents. The one thing that upsets me is that just because someone's being all bitchy about any DRM, this solution is possibly in jeopardy. If you want the song without DRM, go get it on some P2P network. Is there any song that's available on Apple's store that's not already available ripped straight from CD to MP3/OGG/MP4/WMA? The only thing this guy's doing is weakening Apple's ability to assuage the RIAA's fears about digital distribution, threatening the distribution medium and process altogether.

    1. Re:Why are you championing this product? by Lochin+Rabbar · · Score: 1

      Because I want iTunes to fail, I resent people that are gullible enough to pay more than the price of a cd track for a lossy compressed drm crippled track, and fear where the success of such a product might lead. I also have nothing but contempt for people who believe that it is OK for a vendor to control the use of a product after they have sold it. Your behaviour threaten my aspirations, so don't expect any sympathy from me when mine threatens yours.

    2. Re:Why are you championing this product? by Powercntrl · · Score: 1

      Piracy issues aside, P2P networks are full of fakes, poor quality rips and garbage. For me, it's WORTH the $0.99 to know I can transfer the song right to my portable MP3 player without having to worry if it's going to break out with goose honking halfway through the song.

      With PlayFair, I can quickly convert my purchased songs to play on non-Apple MP3 players. It's still all about saving time.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
  149. havenco by JDizzy · · Score: 1

    Anybody remember that independant island/country/state named havenco, which is situated off the coast of the United Kingdom? That is setup specifically for this type of subversion, butit costs $$$$$, and is well worth it. There is no chance of them taking the site down unless Apple were to hire a gun ship to go in and force the situation, and I hardly doubt that will happen because havenco has guns too!

    --
    It isn't a lie if you belive it.
  150. ACC's DRM by Anonymous Coward · · Score: 0

    arrhhRgg there mateys all your music are now belong to me. .........rule of the internet - to the pirate goes the spoils.

  151. Re:A few thoughts more by The+OPTiCIAN · · Score: 1

    > everything should be free. That's communist.
    > Apple is capitalist.

    I consider myself capitalist. At the same time I don't believe everything should be free - I just don't think there should be artificial government decrees that say people can own ideas beyond the right of recognition and the right to protect personal privacy.

    You can say that's communist, but it's no more communist than saying that someone shouldn't be able to own a spirituality or the right to wear their eyeliner a particular way or exclusive and enforced naming rights to the moon.

    You give the concepts of intellectual property too much credit. They're arbitrary. Well entrenched, but arbitrary.

    Readers: if this doesn't sit well with you please do reply - I'm interested to see how other viewpoints clash with this one.

    --


    Believe with me, my saplings.
  152. Re:Far fewer than if Gore been elected by italiannavigator · · Score: 1

    Hehehehehe...shallow gene pool...hehehehehehe

    --
    The Italian navigator has reached the New World and the natives are friendly.
  153. Re:A few thoughts more by kitzilla · · Score: 2, Insightful
    It really sucks that Apple has to deal with this and the "/. mentality" that everything should be free. That's communist.

    There's never really been a true communist society, but the idea that everything is free ain't communist. Marx thought everyone was entitled to equality of wages (whether this compensation is in the form of money or goods and services is beside the point). Taking someone's work without consent and depriving them of their wage is simple theft.

    It's not romatic, idealistic, or civil disobedience. It's stealing.

    --
    This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
  154. The Microsoft-Apple Comparison FAQ by shrubya · · Score: 3, Insightful

    Q: What if Microsoft did the same thing that Apple is doing now?

    A: The rules for a CONVICTED CRIMINAL MONOPOLIST should be -- and are -- stricter than those for a fairly competing business.

    *****

    If Apple successfully squashes all other sellers of digital music (or personal computers, or whatever), then yes, they should be morally condemned for closed policies. Maybe even legally force them to open up their system. But that "if" has not happened yet.

    1. Re:The Microsoft-Apple Comparison FAQ by croddy · · Score: 1

      no, apple aren't a convicted monopolist. but they are hardware-software *cartel* jockeys.

    2. Re:The Microsoft-Apple Comparison FAQ by BasilBrush · · Score: 1

      By definition company can't be a cartel on their own. You must mean something else.

  155. flawed analogy by Anonymous Coward · · Score: 0

    "Are you suggesting that because I have a moral problem with the idea of things being locked up, and found a site that allows me to successfully pick any MasterLock, that it's now perfectly OK for me to come by when you're not home, pick the lock, and take what doesn't belong to me?"

    are you suggesting that if you did so, the hosts of that site would be guilty of breaking & entering & not yourself?

  156. Re:Let's hope indeed by dschuetz · · Score: 1
    If you know you shouldn't do something because you agreed not to do that thing, if you go ahead and do it anyway, you have shitty ethics.

    Enforcable or not, *YOU* *AGREED* not to circumvent the DRM.


    But if you "agreed" with full knowledge that such an agreement was not enforceable, but with intent to honor other enforceable terms of the "contract," then I'd say there's no ethical violation.

    In fact, my /.-level knowledge of law leads me to believe that unless you take such an attitude, the "First Sale" doctrine would never have been established. My reasoning is like this:
    • Publisher sells a book with a restrictive license printed on the first page (we'll call it a EULA, though this predates that term)
    • Someone buys the book, knowing the EULA was invalid, and re-sells it after they're done reading it
    • Publisher sues buyer who re-sells book, citing EULA
    • Court steps in and says re-sale prohibitions in EULA were invalid, and thus establishes First Sale doctrine

    Now, if your argument were to hold (that enforceable or not, you agreed to the terms), then the court would have found for the publisher (from a legal standpoint). Or you would say that the buyer, who flouted the terms after knowlingly "agreeing" to them, was acting unethically or immorally.

    So, let's revisit the scenario, assuming that all potential buyers will behave "ethically" and honor the license, even though it was legally unenforceable:

    • Publisher sells a book with a restrictive EULA printed on the first page
    • Someone sees the license, says "Hey, that sucks. And it's probably not enforceable. But to buy it and sue would be unethical, so I'll not buy it and sue anyway."
    • Court throws lawsuit out, since someone who didn't buy the book wasn't bound by the EULA, even though there was no enforceable EULA to be bound to in the first place ("Lack of Standing")
    • Publisher gets to "enforce" the unenforceable EULA, because nobody is willing to look like a jerk and buy the book with full intention of not honoring their "gentleman's agreement" when they bought it
    • No First Sale doctrine is established
    • Civilization collapses.

    (okay, that last bullet might be reaching a bit. :) )

    So, let's review:

    • The presence of the license, that we may or may not have agreed to when buying a song through iTunes, does not legally bind one to an unforceable provision.
    • The only way to determine whether any provisions are unenforceable is to buy, violate, get sued, and win
    • Doing so doesn't make you a jerk, it makes you a patriot (if you win) or a criminal (if you lose), (or a martyr, if the case never completes and you go bankrupt in the process)
    • The enforceability of the license to begin with hasn't been strongly tested (though UCITA hurts the consumer's arguments there)

    Either way, this portion of the discussion hinges on a contract dispute between Apple and the person who uses playfair. It does not, IMHO, involve a DMCA violation. So bringing up the "you agreed to a license" argument to support Apple's actions in quashing the distribution of playfair doesn't wash, in my book.

    Whether playfair itself (and the distribution of playfair, in source and/or binary form) violates DMCA is a separate discussion, and could be equally applied to an instance where a FairPlay-encoded song was sold with no license at all (which isn't the case here). That is, playfair's DMCA status should be evaluated in light of whether it violates the anti-circumvention clauses without being ameliorated by the interoperability clauses (somebody shoot me, I'm really talking like a lawyer now!). If someone were to record a song, protect it with FairPlay, and sell it to someone else, as is, with no license attached, would the use of playfair on that file be in violation of DMCA? If so, then Apple's initial Cease

  157. Re:Do this instead by Anonymous Coward · · Score: 0

    Cool, can you point to the actual legislation? Maybe PlayFair can find a new home in Sweden.

  158. Burning by Rinisari · · Score: 1

    Isn't it almost easier and yet still pretty much legal to rip a CD burned with iTunes? Seems a lot easier and less illegal to me to burn, rip, and encode than to just remove DRM.

  159. Host in on CoolWebSearch... by EtherMonkey · · Score: 1

    Nobody seems to be able to shut-down these browser hijacking scumbuckets, so it seems the perfect place to host PlayFair and other contra-DMCA packages. Maybe CWS can incorporate PlayFair into the next version of their browser hijacker code, thereby actually providing some value in their service.

    If for no other reason, it ought to be interesting to watch the legal circus that would result.

    --
    --- A man with a briefcase can steal more money, than any man with a gun. [Don Henley]
  160. That's just a stupid rationale by unicorn · · Score: 2, Insightful

    Playfair assists in removing DRM from songs you personally have already purchased from iTunes store. It does nothing to strip DRM off songs that someone else bought. It doesn't help you get stuff from iTunes from your *nix box.

    So in order to use Playfair, you're already a mac or PC user anyhow.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
  161. Liar by Anonymous Coward · · Score: 0

    "Pretty much everyone said "

    Dangerous way to begin a conversation, with a falsehood.

    The level of DRM is suspect on iTunes, but the value isn't there. $10 for a CD of FM-Plus quality... When I can go to BMGMusic and buy a CD for $8, shipped to my door, with no DRM and full quality.

    This is the point when theh apple apologist:
    (a) Tell me how *good* the DRM is that apple has
    (b) 128kb is good enough
    (c) and besides, AAC is so good from Apple that its better than CD's.
    (d) All of the above

    I'm wondering which letter you'll choose.

  162. Re:A few thoughts more by NAT0 · · Score: 1

    It really sucks that Apple has to deal with this and the "/. mentality" that everything should be free. That's communist. i'd agree that is a rather incorrect statement about communism. Saying that everything should be free is in my opinion closer to anarchism

  163. That magic apple juju by Anonymous Coward · · Score: 0

    "more likely Apple moves to stricter controls to keep the record companies from pulling content from iTunes"

    Riiiight. Apple returns $50M to the record companies, and their response will be that they pull music from iTunes because Apple isn't strict enough.

    Do you realize how dumb that sounds? It makes no sense on any level.

    You just think Apple gave you the magic juju with iTMS, and that if anything changes the way it works it will disturb the juju and all your magic will disappear.

    Promise me this... next time you watch "National Geographic", promise me that that you won't make fun of the native with the plate in his lip worshipping fire. Because you're kinda in that category right now.

    its just pop music and bad prices to listen to on your ipod over ear buds. if it goes away tomorrow (impossible) your life won't change even a little bit. Get over it.

    1. Re:That magic apple juju by Mycroft_VIII · · Score: 1

      "Riiiight. Apple returns $50M to the record companies, and their response will be that they pull music from iTunes because Apple isn't strict enough.

      Do you realize how dumb that sounds? It makes no sense on any level"

      Your absolutely right, it makes no sense at all to for them to pull thier catalogs from Apple when it's making them so much money, unfortunately they have just such a history of doing things that stupid/illogical.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  164. RIAA Response by shortstop · · Score: 2, Interesting

    How strong do you think the relationship is between Apple and the copyright holders? If AAC is going to be ineffective DRM then would it surprise anyone if the copyright holders end their relationship with Apple/iTunes?

  165. Re:A few thoughts more by ibsteveog · · Score: 1

    Well, as long as you complete it with..

    "Apple exists to serve the stockholders"

    then you'll be fine =)

  166. Not insightful by Anonymous Coward · · Score: 0

    You're such a sheep. I'll bet you graze in grass, and say "baaaaah" a lot.

    Get a little backbone. Be willing to challenge authority.

    Because really, making a copy of a song you already bought isn't exactly "Bonnie and Clyde". Get over yourself already.

  167. YANAL, either by Kaseijin · · Score: 1
    OK... try rewiring the cable coming into your house to get HBO/Showtime/Whatever. Don't think "theft of service" is going to apply?
    US Code calls it 'unauthorized reception'.
    Let's say it cost you several thousand to generate some document that you've got on your hard drive and I hack into the box and get it. Is it now OK because I was smart enough to get it and you weren't smart enough to protect it?
    Nope. Hacking into the box is illegal. Copying the document is illegal. There are a lot of things that are illegal and aren't theft. Jaywalking. Murder.
    At least be mature enough to admit that what you're doing is no different (legally or morally) from stealing tangible goods.

    THEY ARE THE SAME. It denies the victim revenue.
    We can debate morals, if you'd like, but the law is clear: copyright infringement and theft are distinct offenses. If you think they should be conflated, start by proposing a new definition for the combined law. You'll have to do better than 'denying revenue', though--fair use, repair, buying from a competitor, and doing without all have that effect.
    1. Re:YANAL, either by Anonymous Coward · · Score: 0

      Perhaps he thinks of Murder as "Theft of Life"

      Anon

  168. The law by gillbates · · Score: 1
    Apple used a law in existence in its favor - how can it be faulted for that?

    Oh yeah, right man, I mean, how could those Southerners be faulted for using Jim Crow laws in their favor...

    The fact that something is legal doesn't necessarily mean that it is ethical.

    --
    The society for a thought-free internet welcomes you.
  169. I'll do what it takes to break DRM, fucktard by Anonymous Coward · · Score: 1, Insightful

    "If you don't like iTunes DRM, don't buy from them"

    No, the point is to keep breaking the DRM until one of two things happen:

    1) They say "Oh, we'll make it so tough that you won't like it". Good! Then people will understand why DRM is bad, and why it limits us in unacceptable ways.

    2) They finally say "Shit, this DRM is useless, its always broken, maybe I should give people the same rights as they have with a CD".

    3) Apple's music store isn't magic. Its selling mediocre quality music at a premium price. Its not a "good deal" or "revolutionary".

    Acceptance of any DRM will simply lead to more rights erosions. Its the old "how to boil a frog" debate over and over. Don't you get it? When the price on itunes goes to $2/tune because of record company greed, will you finally "get it". probably not. You'll make another excuse because you think iTunes is magic.

    You're a fucktard.

  170. Re: WORTHWHILE??? by killmenow · · Score: 1
    ...and thus all other worthwhile online music stores that follows - would [not] have *existed* in the first place if it wasn't for *some* DRM capability.
    Umm, your definition of worthwhile and mine are radically different. The most worthwhile online music store I can find to date is magnatune. I cancelled my eMusic subscription when I found out about magnatune. And guess what: it comes with no DRM attached. Buy music from them. I'm not affiliated with them. I just like their non-evilness.

    Face it folks, there are excellent options out there if you just want to listen to good music, pay the musicians you like a reasonable fee, and have no limits on your fair use of the music. The only reason anybody bitches about this is because they want to listen to major label music without following the content owner's rules.

    So, to recap:
    1. iTMS is not all that
    2. magnatune is awesome
    3. vote with your dollars
    4. don't bitch about the behavior of major labels if that's all you want to listen to
    5. don't be evil
    6. support musicians, not the RIAA
    7. Get over yourselves.
  171. Won't use iTunes WITHOUT something like this by TargetBoy · · Score: 1

    I refuse to use any service that forces DRM on me. The only way I'd consider subscribing to an online music service is if I can strip off the DRM once I have downloaded the music.

    I have no interest in sharing music over P2P. Just want to make DAMN sure that I can access my music, regardless of the continued existance of the service, operating system, my machine configuration, crashes, whatever.

  172. Still archived elsewhere by droleary · · Score: 2, Informative

    It can still be found on DataFetish. If you can, uh, find it there in the first place. :-) There is absolutely no way Apple will be able to erase all traces of this code from the Internet. The harder they try, the more people will secret it away.

  173. Re: GPL SMASH! by Jack9 · · Score: 1

    No I don't think the GPL should be adhered to, nor do I support any other kind of copy-ambidexterity. I'm talking about copyright as a concept.

    While mutual agreements have done well to promote commerce in the sphere of the all-time-in-memory, when telephone arrived (harbringer of long distance, instant communication) things changed. Now humanity shares and distributes and mutates information as long as there is a safe harbor to collect it in. Copyright had been largely successful in limiting and cryogenically freezing information for decades in the time before. As long as there are places [switzerland, palestine, etc.] where the DMCA/GPL holds no sway, efforts to enforce them are ridiculously ineffective to a degree. This degree instantly grows into a gaping hole of wasted effort in a number of seconds and matter of keystrokes. It's a liberal stance to say that you cannot effectively eliminate domestic (illicit) drug use, child pornography dealing, or other societally frowned upon 'illegal' human behaviors. I think it's also a demonstrable truth. I take this same esoteric stance in software. FSF has engaged in a long-term battle to change society using a not-so-new tactic. FSF intends in using the system to further their goals of shared access to all implementation methodologies. Make no mistake, that any attempt to create a social subsystem within a parent system, still leaves you at the mercy of the parent's keepers. While the idea that 'the SCO case strengthens the GPL as a functioning concept' has merit, it also shows that the GPL is no stronger than DRM (and vice versa). They can be swept away by the whims of those who enforce copyright, with a simple string of letters like 'possible Al-Queda Connection'. An an extreme (but chilling) example. In the case of the GPL it would be various governmental agencies. In the case of DRM the keepers would be those private industries funding the various governmental agencies ;)

    If I were a problem solver for any sufficently large major commercial body (RIAA), my (insane) logical recourse to better enforcing legal agreements (which are not being adhered to) would be to implement tighter monitoring on the populace. Take small test groups, try out implants, ID wristbands, omnicient camera networks, fingerprint scanners on keyboards, whatever the voices in your head tell you would be a BAD THING (tm) and implement it. Spin it.

    What I am convinced of, is that the 1984 scenario stems from private industry propoganda in the not-too-far-future persuading a populace that tighter monitoring will save them money/keep their kids safer/fight the aliens (modified based on culture and/or economic system, and earth's invasion alert color), rather than insidious public bodies which can't seem to count ballots, much less function as intended.

    Private legal agreements are just another form of interpersonal social despotism and I do not shake hands with a computer click-thru agreement or shrinkwrapped license and do not respect them. This is /. heresy! To suggest I don't support the GPL! But while I admire with the goals, I disagree with the approach. After all, with the FSF's ideological roots, I expect I am not the only one to disagree.

    No more time to waste thinking about this crap.

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
  174. Sarovar fair on the playfair user by Anonymous Coward · · Score: 1, Insightful
    4. With refard to Sarovar, Apple did nothing more than make with is essentially an intellectual appeal. Apple didn't "force" anyone to do anything.

    Even though Sarovar.org did take the project `PlayFair' down, they didn't do anything with the user account of the playfair project admin. He is ranked 8th and will be moving up. If anybody wants to support the author they can rate this author by logging onto http://sarovar.org/

  175. Re:Sadly this must reappear tilll we get it straig by diamondsw · · Score: 3, Insightful

    Okay, this is stupid and is pissing me off.

    Folks, Apple isn't getting special treatment - if any other music store had come out with similar universal licensing terms, interface, and products, we'd say the same things. The fact is that NO ONE HAS.

    Microsoft is the company that gets special treatment of another kind - everything they do is viewed with suspicion. However, there's a good reason for that - they have a long history of manipulating the market and twisting everything to their own ends whether or not that benefits consumers. Apple, meanwhile (and a great many other companies), have a history of doing things expressly for the benefit of their customers.

    Look at IBM. People used to view them the same as we view Microsoft today, and for good reason. Then they changed, and after years and years (over a decade's worth) of just creating great technology, contributing to the community and other "good works", IBM is viewed as a positive company. Apple has created great technology, contributed to the community (Darwin, KHTML contribs, expanding the reach of UNIX-kind) and other "good works". Microsoft has created lots of crappy technology, stifled and attacked the community (even its own) and engaged in criminal business practices time and time again, and been convicted!

    So get off your high horse about people being mindless followers of Apple. Apple has every reason to have its followers, supporters, and admirers.

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
  176. Do this instead-Typical human Response-II by Anonymous Coward · · Score: 0

    Ah come on. We have the inaliable right to violate any legal contract we sign. It's in the constitution somewere, and if it isn't? Well, we'll make up something on the spot. Oh BTW Apple, release more music, we're good for it. Same for the rest of you. E-Books, movies and some closed source apps too, if you can swing it? Gotta get on the desktop, you know. *fake smile* Thanks from the "Actions speak louder than words" Crew.

  177. First sale: Bobbs-Merrill v. Strauss, 1908 by Kaseijin · · Score: 1
    Many years ago (early 1900's, I think), book publishers tried to insert conditions on the front page of a book saying that you couldn't resell the book, etc. It was struck down, and thus the "doctrine of first sale" was born.
    The doctrine of first sale was implicit in earlier decisions, but the most famous precedent was set in 1908 in Bobbs-Merrill v. Strauss. The Bobbs-Merrill Company published a novel containing below the copyright notice an assertion that any sale for less than $1 would constitute copyright infringement. As you know, the court didn't buy it.
  178. Oh man. by sulli · · Score: 1
    The apologists are out in force on this one.

    Four legs good, two legs better!

    --

    sulli
    RTFJ.
    1. Re:Oh man. by bennomatic · · Score: 1
      I'm actually confused as to the exact meaning of your comment. Are you saying that the Apple apologists are out in force, or that the breaking-copyrights-and-violating-terms-and-condit ions apologists are out in force. Depending on your perspective, both could be considered true.

      And your "Four legs good, two legs better!" qoute is equally hard to decipher. If you're a mountain goat, four legs is indeed better, but I kind of like my place--fewer legs notwithstanding--on the food chain. In fact, not to be a biped apologist, from an evolutionary standpoint, one could argue that the move to two legs is one of several elements that required the further brain development that makes us who we are. Who needs stability? I've got a brain that can give me good balance!

      So please, if you do have an opinion, please clarify. If not, your current comment will certainly suffice. ;-)

      --
      The CB App. What's your 20?
  179. Re:No. I bought the song by black+mariah · · Score: 1

    But that's what I want to do with the kernel! I want to change it and sell it as my own. Why can't I do that? Oh yeah, IT'S A LICENSE VIOLATION. A license is a license is a license.

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
  180. So wrong, it hurts my eyes to read by Anonymous Coward · · Score: 0

    "If you have a file in AAC format, you got it through iTunes. "

    This is false. AAC tunes can be created in many programs; hell, WinAMP will create AAC files if you insist on using an obscure format.

  181. WHAT?! by Anonymous Coward · · Score: 0
    Without DRM at all, computers wouldn't exist as they do today, and the internet wouldn't exist either.

    Either you are a blooming idiot, or you're an only okay troll. This is such bullshit I can't let it slide.

    Guess what: there were computers, and even an internet, prior to the release of FairPlay, iTMS, etc. They worked fine.

    Moron.

    1. Re:WHAT?! by Adriax · · Score: 1

      Explain to me how DRM works then. Could it be the player validates credentials based on information provided by you (by way of installed certificates) and in the song file itself, then grants you the ability to read the music data? Well holly shite, you've got yourself an automated login prompt. Now you explain to me how the internet would have gotten past 3 computers that trusted eachother completely if everyone had read/write access to EVERYTHING online. DRM is another name for portable file security. If you think any different then I;ve got some info on an dangerous substance Dihydrogen Monoxide you might be interested in.

      --
      I don't suffer from insanity, I enjoy every minute of it!
  182. That's probably it by Anonymous Coward · · Score: 0

    its hard to make money when people exercise their fair-use rights. After all, that's why nobody ever made money from books, CD's, and Video tapes.

  183. What will Apple gain... by xot · · Score: 1

    ...By hunting down these small apps.If not PlayFair then there will be some other app in a coupla weeks popping up which remove the copy protection from their songs.
    In Fact it would be better for them to ignore these little things which will barely decrease their business and concentrate on marketing and such things.For people who want to circumvent , they will, anyhow.For those who want to buy, they'll buy just for the convenience.
    I think it makes no real sense in Apple gunning for these small guys and spoiling their clean reputation.

    --
    Lord of the Binges.
  184. Re:A few thoughts more by Anonymous Coward · · Score: 0

    All property rights are arbitrary. Just well entrenched, also. Physical property rights? Completely arbitrary. Who owns the moon, for instance?

  185. Re:A few thoughts more by Anonymous Coward · · Score: 0

    "I consider myself capitalist. At the same time I don't believe everything should be free"

    straight from the 'missing-the-point' department.

  186. lets take that one step farther.... by d34thm0nk3y · · Score: 2, Insightful

    But if you had an 8-track transcoder to put those tracks onto a player you could play in your car is that illegal or immoral (in India so no DMCA)?

  187. Bullcrap by snStarter · · Score: 1

    Of COURSE you can - you burn the song to a CD and then rip it as an MP3.

    Are you stupid or just lazy?

    1. Re:Bullcrap by cirne · · Score: 1

      JUST LAZY. Is there anything wrong with that?

    2. Re:Bullcrap by ryanwright · · Score: 1

      Agreed. I know I can burn & re-rip, but I shouldn't have to. It wastes time, blank CDs, and degrades the quality of the music. If I can effectively "burn & re-rip" using a software program that doesn't have these problems, I should be allowed to.

      Telling people they're immoral, law breaking bastards for doing this is stupid.

      --
      -Ryan, with the unoriginal sig
    3. Re:Bullcrap by Coke+in+a+Can · · Score: 1

      Wastes time? True.

      Blank CDs? Use CD-RWs. They don't work with most CD players, but they'll work fine for this purpose.

      Degrades the quality of the music? Well, yes, but if you plan on playing the songs on most non-iTunes players, you are going to have to reencode to MP3 sooner or later.

    4. Re:Bullcrap by TiggsPanther · · Score: 1
      Of COURSE you can - you burn the song to a CD and then rip it as an MP3.

      OK. So to create a single MP3-mix-CD someone should have to burn to 5 or more audio-CDs, rip them, then burn the resulting MP3s?

      --
      Tiggs
      "120 chars should be enough for everyone..."
  188. The worst part... by gillbates · · Score: 1

    From the C & D letter:

    In short, our clients have one of the most generous personal use rights attached to services of this kind... [emphasis mine]

    Since when is giving me access to music that I've already paid for "most generous".

    Would a car dealer be "most generous" if he allowed you a second set of keys to your new car?

    Would McDonald's be "most generous" if they gave you an additional straw for your large Coke?

    It's coming to the point where ownership seems to be reserved solely for corporations. Instead of owning things, people are starting to lease them, or even "license" them - they pay for ownership, receive all of the liabilities associated with ownership, yet none of the rights.

    I looks to me like iTunes isn't playing fair. They seem to think that they still own what they've sold you. Perhaps you should try this:

    • Sell your house to Apple. After they've assumed legal ownership and paid the taxes, utilities, and mortgage, inform them that they can't occupy the property, because it would violate the "license agreement."
    • Sell your car to a dealer. After he's paid the money, change the locks - informing him that the "license agreement" requires him to contact you anytime he needs the keys.
    Sound reasonable? Of course not. If it was indeed "intellectual property", Apple wouldn't have a leg to stand on. But it's not. Yet they treat it as property as far as their interests are concerned, but when it comes to your interests, it's merely a "license agreement".
    --
    The society for a thought-free internet welcomes you.
  189. Apple lawyers are good! by Anonymous Coward · · Score: 0

    After all, look what a bang-up job they did with Microsoft on that "look and feel" issue.

    They're the keystone cops of lawyers.

  190. What do you care? by Anonymous Coward · · Score: 0

    " Why? if you dont like the itunes licence, don't use it. "

    What if I like it and want to play the music, but not in iTunes.

    Oh right. burn the mediocre quality song to a CD, and then rip with an MP3 player. Just fuckign brilliant.

  191. I look at DRM as tamper-proof packaging.. by msimm · · Score: 1

    PlayFair is a postconsumer tool to remove potentailly unwanted packaging. Some people are actively trying to take up as the mouth piece for the RAII, as if I can't be trusted to use a product that I purchased or use it across a realistically broad range of electronic devices.

    As far as I'm concerned I bought the product, not this packaging. And if I see fit to unwrap it so I can play it with my Squeezebox or my Rio or my wife's Linux box, who cares?

    --
    Quack, quack.
  192. I am so damn sick of hearing "just burn CDs" by Powercntrl · · Score: 3, Insightful

    It takes forever, and you lose all the metadata!

    PlayFair allows you to strip the annoying DRM from the M4P files while preserving the metadata. Those of you saying "burn and re-rip" are missing the point. Time is a finite resourse and PlayFair makes the converting process MUCH quicker, so you can spend time enjoying your music instead of messing with it.

    You can then use a utility like the free dBpowerAMP with an AAC plug-in to convert to LAME MP3, WMA or even OGG, while still preserving the metadata. The last step is to use an MP3/WMA/OGG tag utility program to use the metadata to rename the file to something more meaningful than ITMS's default "[track] [title].m4a"

    I've converted over 151 protected iTunes tracks this way so I could play them on my MuVo2. With the WinAmp AAC plugin, I can also play my iTunes purchases on my old laptop that still runs Windows 98. Thank you PlayFair!

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    1. Re:I am so damn sick of hearing "just burn CDs" by gozar · · Score: 2, Informative
      It takes forever, and you lose all the metadata!

      If you're using a Mac, it keeps all the metadata for you when you burn a CD, so you can rip the burned copy and have all the tags in the right place.

      --
      What, me worry?
  193. If you don't like Apple's DRM, buy a CD instead! by pixelfreak · · Score: 1

    If you don't agree to the terms of purchase on the iTunes Music Store, don't buy the music. No one is forcing to you to use iTunes.

    Why is this such a difficult concept for people to understand?

    Software like FairPlay will drive up the cost of online music or cause it to be pulled completely.

    If you find the DRM used by Apple is too restrictive, you can always buy a physical CD and rip it for use on any device.

  194. Re:Sadly this must reappear tilll we get it straig by Anonymous Coward · · Score: 0

    if any other music store had come out with similar universal licensing terms

    All the music stores have similar licensing terms and DRM restrictions -- can burn to CD, etc. Like you said, Apple is not getting special treatment from the RIAA.

    The only really unique feature of iTunes is that it runs on Macs and that it has a considerably larger advertising budget.

  195. Re:No. I bought the song by Laur · · Score: 2, Informative
    But that's what I want to do with the kernel! I want to change it and sell it as my own. Why can't I do that? Oh yeah, IT'S A LICENSE VIOLATION. A license is a license is a license.

    No, it's a COPYRIGHT VIOLATION. Repeating your point over and over doesn't make it any more valid. If you have any more questions try reading Title 17 of the US code.

    --
    When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
  196. Re:Let's hope indeed by Saeed+al-Sahaf · · Score: 1
    But if you "agreed" with full knowledge that such an agreement was not enforceable, but with intent to honor other enforceable terms of the "contract," then I'd say there's no ethical violation

    If you agreed knowing full well you didn't intend on upholding your end of the deal, you are a lier, your ethics are questionable, and I feel lucky I don't have to associate with you beyond /.!

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  197. MOD PARENT INFINITY POWERS UP by farcot · · Score: 1

    My god, that's gorgeous :-)

  198. -1, tard by Anonymous Coward · · Score: 0

    you are a moron

  199. one difference by MORTAR_COMBAT! · · Score: 1

    Unless PlayFair is the fastest encoder/decoder of AAC which currently exists, I think the only thing it does is decrypt the M4P file using the valid key. Decoding to WAV (or CD) and then encoding back to AAC (or other format) is lossy compared to the original (already lossy M4P). PlayFair is not lossy (compared to original M4P).

    --
    MORTAR COMBAT!
  200. Fuck Apple by Anonymous Coward · · Score: 0

    FUCK APPLE!! and their pathetic iTunes Music Store.

    This program is probably all over P2P and with any luck someone will host it on a server located on one those small island nations (like Sharman does with some of it's servers).

  201. Posts like these give the industry ammo against us by Anonymous Coward · · Score: 0
    "Let's hope that 'PlayFair' might appear in some other country now"

    WTF !!! Why did Michael allow this posting????
    Don't you think this hurts the Slashdot community?

  202. Re:Why use a GUI when you can run an itunes script by Anonymous Coward · · Score: 0

    It's scary how disgustingly ugly a language AppleScript is. COBOL anyone? Or perhaps INTERCAL ("please do X" vs. "tell me to Y"). Eek. Dear God. Won't someone think of the programmers?

  203. Fock Apple by Anonymous Coward · · Score: 0

    Apple needs to get over themselves.

  204. Fucking idiot by Anonymous Coward · · Score: 0

    Reread the last paragraph, dipshit:

    "It's not incompetence at all. Since all DRM can, and will, be broken - from a technological standpoint; perhaps not a legal one - then by your definition, they're all "incompetent". I don't think any of these people think DRM can't be circumvented; they just know that the content providers want it, and these laws like the DMCA are getting pushed through Congress. If *anything*, Apple is in a *better* position to influence copyright and content protection laws for the better. Had they done no DRM, we'd have no major label music on iTunes Music Store, and thus no iTunes Music Store as we know it (i.e., successful), and Apple wouldn't have any relevance whatsoever in this discussion at all."

  205. MOD PARENT UP!!! [n/t] by jamonterrell · · Score: 1

    [n/t]

    --
    I can count to 1023 on my hands. Ask me about #132.
  206. Even better idea: by andreMA · · Score: 1
    Try hosting your fantasy "country" on something bigger than a cable modem on attbi.com in virginia...

    101.12.125.24.in-addr.arpa. 86400 IN PTR c-24-125-12-101.va.client2.attbi.com.

    1. Re:Even better idea: by NoMoreNicksLeft · · Score: 0, Flamebait

      Didn't even read it, did you asshat?

      I host a small webpage on my cable modem. As for "fantasy countries", I have no idea what the fuck you are talking about. Now, if your first language isn't english, then my apologies. I have been meaning to have it translated to various languages for months, and just haven't had the time (or money). But if that isn't the case, just means you're a fool.

      Metanet isn't a "fantasy country", nor is it the little webpage I pointed you to so you could read about it. Like any true internetwork, it's distributed across many hosts, all over the place. The clever part is, that I don't know the identities of but a few of the participants, nor could I unless I flew several trans-oceanic flights, and somehow "persuaded" the few I do know, to give up the identities of the people *they know*. Even there, it doesn't stop, I might have to then chase down even more people. In theory, at most I would only ever have to do this 24 times (in 24 seperate jurisdictions), but in practice it's not quite that secure. If you weren't an asshat, I would invite you onto the network for a tour. Hell, maybe you would have stayed, and made it even harder for those who want to break it.

  207. PlayFair and GPL legality in a nutshell by Anonymous Coward · · Score: 2, Interesting
    There are so many confused and misinformed people posting on this story I can't reply to them all, especially since I post AC. Therefore, I will make this one summary post and hope somebody finds it and mods it up.

    The difference between PlayFair and GPL violations is in fact quite simple. They concern two separate laws. Violating the GPL means that the person in violation is breaking copyright law. They are redistributing without the permission of the copyright owner. This is bad. Using PlayFair means the person in violation is breaking the DMCA. They are using in a way that is in violation of the DMCA. This is good!

    The fundamental difference between the two laws is simple. Copyright law reserves distribution rights to the copyright holder. It does not make any (but a handful) restrictions on use of the copyrighted material. Under copyright law, If I have a legally aquired copy of a work, I can use it in just about any way I wish. I can manipulate it. I can copy it. I can even destroy it. What I cannot do under copyright law is redistribute copies of the work. Bad pirates. No breaking copyright laws.

    The DMCA is a different beast. There are apparently a large number of people here who are either too young to know why the DMCA is bad, or have just forgotten it. The problem with the DMCA is that it does place restrictions on use. Use restrictions are a new thing that take away rights we once had, for no significant benefit. There is, especially, no benefit for the people. Think about it. For what benefit do these use restrictions exist? They are supposed to stop piracy, yet piracy, being illegal redistribution, was already illegal under copyright law. Why add restrictions that only aggravate law-abiding citizens? There is no real benefit to the use restrictions of the DMCA. Worse, it is in fact detrimental to the stated mission of copyright.
    "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

    Use restrictions inhibit the progress of Science and the useful Arts. Just look at the cases where the DMCA has been used. Academic researchers have been stopped from sharing information. Interoperability-enabling software has been buried. And yes, I can't stream the audio of iTMS songs from my Linux server.

    I hope that clarifies the issues. Copyright law's distribution restrictions (and limited use restrictions) promote progress. The DMCA's use restrictions inhibit progress. That is why we can cry for the blood of GPL violators who break copyright law, while at the same time praising people who violate the DMCA.
  208. Re:If you don't like Apple's DRM, buy a CD instead by Anonymous Coward · · Score: 0

    The RIAA and record companies will drive up the price of online music downloads. Not FairPlay. If anything more people would use a product like FairPlay if the prices went up.

  209. Peer to Peer by Lord+Kano · · Score: 1

    They can use a free Blog to post a PGP Public Key so that the integrity of the files can be verified. I'd like to see Apple go after a host for putting up a PGP Key.

    Download the tarball from your favorite P2P, check the signature with the Public PGP Key and you're in business.

    Signature checks aren't something for lay people, but neither is PlayFair.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  210. Bittorrent by kyoko21 · · Score: 1

    The annoying application can be found here and use your favorite Bittorrent Client to retrieve.

    http://66.90.75.92/torrents/1586/playfair-0.5.0- zi p.torrent

  211. Theft of life by Kaseijin · · Score: 1
    Perhaps he thinks of Murder as "Theft of Life"
    Perhaps. I've explored that line of thought before, and murder fits the definition better than does copyright infringement. That isn't how the law works, though; and as above, if he wants to change that, he should start by providing a new definition.
  212. Re:Why use a GUI when you can run an itunes script by mduell · · Score: 1

    Why transcode and lower the quality again?

  213. Re:Addendum by Bastian · · Score: 1

    By purchasing Apple's DRM-laden files, you are accepting Apple's DRM. Yes, you may plan on stripping it so you can play the file with WMP or whatever, but when you bought that file you also bought and paid for a little piece of DRM and did your part to encourage it.

    By paying for DRM and then stripping it, you are not telling the companies that DRM is not acceptable. You are telling the companies that what they need is STRONGER DRM.

    I don't care how much you whine about DRM being bad and the RIAA being bad and all. If you purchase DRM-encoded files or buy music from the RIAA, you are paying to support the very things you are whining about. In the grand scheme, software like PlayFair is a step backward for the anti-DRM crowd. It's an attempt to live with DRM, not a refusal to accept it, and trying to think of it otherwise is missing the point.

  214. Due Dilligence? by Anonymous Coward · · Score: 0

    Why did Sarovar post this software without first checking the legality so as to ensure that it wouldn't be removed?

    If someone's going to post this software, they shouldn't be taking it down two days later due to the expected legal threat from Apple.

  215. Don't buy itunes if it doesnt fit your needs! by Anonymous Coward · · Score: 0

    Why buy it and then complain about fair usage. Go buy from whereever else that fits your needs.

  216. Re:Whatever happened to the interoperability claus by russotto · · Score: 1

    The 2600 court took a very narrow view of the interoperability clause, limiting it's applicability to direct program-to-program interoperability, not program-to-data interoperability.

  217. Re:Why use a GUI when you can run an itunes script by clmensch · · Score: 1
    Oh man, you are SO right. The script was a pain in the ass to write, let me tell you. But you can install an OSA to use Javascript instead of AppleScript. It's at least marginally better.

    P.S. O'Reilly's Applescript book is the shiznit.

    --
    There is no gravity...the earth just sucks.
  218. Copyright, but on a product I purchased by Inhibit · · Score: 1

    As far as I know, it's still debatable if you can deny someone the right to copy something they purchased for their own personal use. Unless there's some laws that have been inacted in the meantime that I'm not aware of.

    This is an issue of someone trying to impose restrictions on a product I legally purchased, in my personal use of the product. In this case I am not attempting to distribute said product.

    My understanding is that any copyright that is imposed on me is still bound to only apply in ways that are legally alowable in the place the copyright is imposed. It can't just contain anything anyone feels like putting in there, regardless of the burdons on my freedoms.

    --
    You're reading Slashdot. Of course you like Linux and pc hardware
  219. Has a professor at Carnegie Mellon by Anonymous Coward · · Score: 0

    ...put up a gallery of "Fair Play Descramblers"? Is there a thinkgeek T-shirt with a Fair Play Descrambler?

    There's a marked difference in tone and vitriol from when Jon Johansen's apartment got raided. Don't wave your hands and pretend it's not true.

  220. Bit Torrent by Anonymous Coward · · Score: 0

    It's currently up at SuprNova.org.

  221. Re: by DAldredge · · Score: 2, Insightful

    If apple didn't bill itself as a 'enlightened' company that things would be different. But the do say they are different but when it comes down to it they aren't.

    The fact that you are willing to defend their lies just shows how much of a blind fanboy you are.

    (Fuckit, if I am going to be mod bombed as a troll then I will give them a reason to mod me down.)

  222. Not fine by me. by msimm · · Score: 1

    So with iTunes you get all the freedom of going to the mall and buying a disk, except you need to burn it first yourself and it uses lower sound quality. See when I buy music online I do because its convenient, PlayFair just makes music I've purchased convenient on my non-Apple hardware.

    --
    Quack, quack.
    1. Re:Not fine by me. by the+unbeliever · · Score: 1

      For an average cost of 9.99 per cd (some cost more, I'll give you that), plus the cost of a blank?

      I'm willing to cope with the convenience.

  223. My Thoughts on This by dmarx · · Score: 1

    I really don't see what's wrong with Playfair. All it does is allow people to use music they legally pay for. I have a non-iPod MP3 player. So, if I want to listen to ITMS songs I have to first burn them to CD. How is it not fair for me to skip that step, and put the songs I paid for directly on my MP3 player, without having to first burn to CD? How is this program different from DeCSS? If this were any company other than Apple, they would not be getting a free pass on this.

    --
    "Do I dare disturb the universe?"
    1. Re:My Thoughts on This by Russellkhan · · Score: 1

      I don't understand how you reconcile "Boycott the RIAA" (your sig at the time of my posting) and buying from ITMS. Doesn't about 90% of the money from your ITMS purchase go to the RIAA?

      --
      Information doesn't want to be anthropomorphized anymore.
    2. Re:My Thoughts on This by dmarx · · Score: 1

      I never said I bought from ITMS. I said that if I did, I would have to jump through more hoops than I'd like to put the songs on my non-iPod MP3 player. I get my music in MP3 format from allofmp3.com, because it is faster than P2P.

      --
      "Do I dare disturb the universe?"
    3. Re:My Thoughts on This by Russellkhan · · Score: 1

      >I never said I bought from ITMS. I said that if I did, I would have to jump through more hoops than I'd like to put the songs on my non-iPod MP3 player.

      I see, sorry, I guess I misread your hypothetical. it makes sense when I read it with the above comment in mind.

      >I get my music in MP3 format from allofmp3.com, because it is faster than P2P.

      Just went to check it out, is the site down or something? I get no response from the server.

      --
      Information doesn't want to be anthropomorphized anymore.
  224. I don't see the enmity between Apple and Linux by LionMage · · Score: 1

    Unlike some folks, I've been tracking the relationship between Apple and the Linux world for a while now. In fact, my original impetus for becoming a switcher (in 1997 or 1998, no less) was the introduction of MkLinux. That's what convinced me to get rid of my PC and buy a PowerMac 7300.

    MkLinux was a project within Apple to port the Linux kernel, along with the necessary GNU tools to make a complete OS, to the PowerMac architecture; this was accomplished by running the Linux kernel as a personality on top of the Mach microkernel, which was ported to the PowerPC PREP/CHRP architecture.

    With the advent of other Linux ports to PowerPC, most of which involved running the Linux kernel monolithically rather than hosting it on top of Mach, MkLinux was mothballed and quietly discontinued. However, the engineers at Apple learned a lot from the process, and this set the stage for the eventual merger with NeXT and the Rhapsody project, which evolved into Darwin and OS X. Specifically, lessons learned from porting Mach to PowerPC and hosting various OS personalities on top of it proved invaluable.

    It's fair to say that Apple contributes a lot to the Open Source world, and therefore the Linux world by extension. (KHTML has been improved a fair bit by Apple engineers since they picked it as the rendering engine for Safari.) Of course, Apple's contributed more heavily to the *BSD communities.

    Suffice it to say that I don't think Apple is worried about Linux, at least not in the way that Microsoft is. I certainly don't see any enmity between Apple and the Linux communities that you seem to be implying.

    What software does Apple make available to the Linux world? Well, besides their contributions to KHTML, they have Quicktime Streaming Server (or whatever they're calling it today) and various other Open Source projects that are free for the Linux community to use. Apple's Rendezvous code is open, for instance, and it's a pretty good implementation of ZeroConf as I understand it.

    Of course, when push comes to shove, Apple will try to promote their own products over other products. What else would you expect of them? But failure to endorse Linux doesn't mean Apple and Linux are "enemies." Apple's big selling point is ease of use and ease of administration. So far, the Linux world doesn't have this across the board. Since Apple tightly controls the look and feel of everything Macintosh, as well as other aspects that make up the user experience, I don't think Linux will ever quite catch up in this arena. Some things can't be commoditized, and Open Source (for all its benefits) doesn't lend itself to the development of seamlessly integrated software suites with consistent user interfaces. Should that ever happen in a big way, then maybe Apple might re-think its relationship with the Linux world, because then Linux will be competing on Apple's turf; right now, though, there's not much competition.

  225. Re:No. I bought the song by black+mariah · · Score: 1

    And why is it a copyright violation? Because you are not abiding by the author's terms. Copyright law makes no restrictions on distribution, the GPL does.

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
  226. Re:Sadly this must reappear tilll we get it straig by Anonymous Coward · · Score: 0

    Actually, Apple has a long history of legal bullying for which they are endlessly forgiven by their devotees. I'm typing this on an iBook and it's a good product (even if QA has markedly slipped), but I have little respect remaining for the company that made it. Sadly, that's the state of the computer industry today - it would be difficult to do any better.

  227. Stereo? by Jonathan+Hamilton · · Score: 0

    Dude why won't you buy a Stereo?

    All you would have to do is get a decent new mother board with optical out, and a reciver with optical in, it has nothing to do with DRM.

    Get a decent stereo and a optical connection if you are that into music. I have Bose speakers for my computer, and even they don't sound 75% as good as my computer hooked up to my $200 sony reciver via optical.

  228. Perhaps I'm missing something here... by vyrus128 · · Score: 1

    ... but I thought the whole reason to move the project to Sarovar was the fact that it was legal in India? It looks like Apple is just throwing empty threats around, doesn't it? Personally, I think we should encourage them to put Playfair back up until Apple actually cites a violation of Indian law, instead of threatening unspecified potential legal action.

  229. Freenet! by DaCool42 · · Score: 3, Insightful

    If anyone has a copy, post it up on freenet. This is just the kind of thing that freenet is good for.

    --

    ----
    All of whose base are belong to the what-now?
    1. Re:Freenet! by vyrus128 · · Score: 2, Interesting

      Here's a copy packaged off the CVS about a week ago, around the time of the Sourceforge takedown. I make no assertions about functionality; I don't have a recent enough version of autoconf to build it, and have no use for it anyway. Put it up on Freenet if you like, or grab it while you can. I will take it down if I get a DMCA notice, and probably before then.

      http://vyrus.nerdnet.org/playfair-unofficial-20040 405.tar.gz

  230. Feh. by Pig+Hogger · · Score: 1

    Let 'em go after this one.

  231. Soap ? by PhilipPeake · · Score: 1

    Actually, it was salt made by collecting seawater and evaporating it. Principle is the same though, so soap/salt really maks no difference.

  232. Bittorrent of playfair! by kyhwana · · Score: 1
    --
    My email addy? should be easy enough.
  233. Re:Why use a GUI when you can run an itunes script by SilentWatcher · · Score: 1

    God, what an awful looking programming language. I'd need to take some valium before trying to write code in that.

  234. Re:Why use a GUI when you can run an itunes script by BillyBlaze · · Score: 1

    Well, it is readable, even for a non-programmer. Don't know who would have both the knowledge and the tolerance to write it, though.

  235. Yet more /. legal interpritations by Raul654 · · Score: 0

    (Obligatory IANAL, but I slept at a holiday inn last night) - one slight nitpick with your comment. "the jury exists as a group of peers that decide on guilt." - yes, but it's more generalized than that.

    A jury's job is to answer questions of fact, while judge's job it to answer questions of law. So yes, a jury decides if someone is guilty. It also decides if he was drunk when he did it, and whether he premeditated it or not. All questions of fact, not just whether he is guilty or not.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  236. lifespan of iTMS "products" by BalloonMan · · Score: 1

    A point that nobody else has made as far as I can tell, is that iTMS songs are tied to your iPod and/or your PC, and when your iPod and/or your PC goes away, I assume your songs vanish along with it. Now, this could happen because your iPod is stolen, or broken, or simply surpassed by superior technology. What then?

    If I follow the argument of all the people supporting Apple's right to restrict my use of iTMS songs, then I'm out of luck. Essentially, my "lease" has expired and it's time to renew it (with more $$$) on some new device.

    But I didn't purchase a lease, did I? So I don't think that's a very reasonable bargain. The vast majority of my MP3 music is ripped from CD's I own, but I find iTMS convenient and I think my fair use rights allow me to do more with my purchased songs than Apple would have me believe. I suspect the songs will remain interesting long after my iPod ceases to be, and I definitely think I should be able to keep enjoying them. I should be able to archive them and retrieve and play them for the rest of my life on the hardware of my choice. To me, that means archiving without encryption.

    FairPlay makes this possible, and as long as I don't start exporting decrypted files, I'm on pretty solid ground, and essentially invisible to Apple in any case.

  237. Whoever said life was fair? by achurch · · Score: 1

    If you've actually got a legal leg to stand on in your own damn country, then make your case and get on with it.

    So are you going to finance this case? If not, I'd hardly call making their case "fair", at least in countries where money influences legal outcomes.

  238. I AM HOSTING THE SOURCE ON MY WEBSITE by Anonymous Coward · · Score: 0

    Anyone who wants a copy, please email me: gabe[asdfasdfahsdfasdgsdfgasdfdafgasdfkgasdlhgfk]@ slacker.[asdfhuasghdhfjgajshdjfjha].homeunix.[asdf asdfasdf]net. I am hosting it on my server which is password protected, http://slacker.homeunix.net:8080/stuff

    [delete the brackets and eveything in between from email address]

  239. Re:No. I bought the song by binarytoaster · · Score: 1
    Copyright law says you can't do that, actually.

    The license gives you more rights than copyright law. If you actually read it sometime:

    5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. (emphasis mine)


    Seems to me the license is allowing you more freedom than copyright law does.
  240. Wrong + Wrong by Anonymous Coward · · Score: 0

    The stupidity is people supporting music cartels who are trying to keep their monopoly, and for you to advocate for licensing infringement.

    If people have no respect for licenses, your beloved GPL would mean little or nothing. If the product isn't Free, don't support the makers and boycott. It's not like anyone is forcing these people to buy, and it's not like music from cartels is an essential for life.

  241. Your Money Pay Their Lawyers by Anonymous Coward · · Score: 0

    If it's too restrictive, don't support it with your money. The idiotic thing to do is to give them money to set up more DRM. This is what you and other idiots don't comprehend. It's you and your ilk are supporting DRM in the First place - layer #1.

    By saying you're going to break DRM after paying for it doesn't make any sense. The $1 or $2 or $100 you already spent go into their warchests. They are hiring lawyers using Your money!!!

  242. Thieves and cowards by Anonymous Coward · · Score: 0

    Maybe nobody will ever read this cause of this bs moderating stuff I don't even want to understand, but I write it anyway.

    I make my living writing and producing music.
    Believe it or not, my job gets harder and harder, mainly due to stupid labels mainly scared by piracy, or taking this as an excuse to make more profit. But due to piracy too. No need to argue.

    I think all the argument à la "i bought those song so i can break their DRM" is total BS! Why would you want to break it if it's not to share them illegally? And if you don't like those DRM, don't buy. And if you think an album is not worse it, don't buy.

    Or admit your a thief!

    As I admit I steal software. Almost all of them!
    I support some dev I like, and if I can afford it, the rest is for free. And i crack all your protections, sooner or later, no need to go to India or wherever for that.
    But I do this in the dark, without hiding myself behind some "rights" I have to use intellectual property of others without paying. I know I'm a thief.

    Pay me for my job, and I'll pay for yours.

    I'm the anonymous, you're the cowards.

  243. Re:Let's hope indeed by betsywetsy · · Score: 1

    Hmm. I think that I help Apple instead of hurting them by using Playfair. There's no way that I will buy an iPod or iTunes if I can only use them together. I use Linux a lot, and I have a non-iPod MP3 player that I'm very fond of. With Playfair, I am likely to buy songs from iTunes, so Apple gets more money from me.

    As my shitty ethics don't stretch to sharing the music freely, I won't violate any other terms of the license. I help them and remain well within the spirit (if not the letter) of the agreement.
    I think that means my ethics aren't so shitty, in fact. I don't see a problem.

    Now, the people who create and distribute Playfair, knowing full well that it may be used in other less ethical situations - they don't have my excuse; they may be actually harming Apple.

  244. Apple Protects Apple by Anonymous Coward · · Score: 0

    Apple's main goal is to force you to listen to music in their music-approved devices. Get a clue already.

    You don't care about their format only playing in their devices? DRM is preventing you from listening to your bought song in any of your other hardware.

    People are stupid, if they think they will pay for DRM and then break it. It's these circumvention hacks that prevents people from "STOP BUYING IT." This just leads them to buy it and wait for the crack - users gain nothing, more DRM, more bad laws.

    Simple solution: don't pay for DRM in any way, even if there's a crack for it.

  245. Re:Sadly this must reappear tilll we get it straig by Anonymous Coward · · Score: 0

    Apple is using DRM and in business with the music cartels, and people like you are applauding them and buying into it.

    If you call wanting freedom being on a high horse, what else are you saying?

  246. Re:No. I bought the song by cduffy · · Score: 1

    Yes, copyright law makes restrictions on redistribution -- in particular, it says you can't do it at all without the copyright holder's permission.

    The GPL, by contrast, says you *can* redistribute -- as long as you follow certain terms.

    Thus, the GPL lets you do something (redistribute) that copyright alone won't allow.

    Compare to reverse engineering; copyright law says nothing about reverse engineering, only redistribution, preparation of derivative works, public perforance, etc etc. Licenses that prohibit reverse engineering are thus preventing you from doing something that copyright law would allow, as distinct from the GPL.

    Clear now?

  247. Re:A few thoughts more by Sivaram_Velauthapill · · Score: 1

    I'm not a capitalist but here are my thoughts...

    Capitalism calls for privatization of EVERYTHING (except courts). If you are a (pure) capitalist, you would be in favour of privatizing anything. This can include electricity utilities, schools, hospitals, roads, parks, rivers, trees, animals, etc ( simple principle regarding environment here).

    The world is not practicing pure capitalism so all of it hasn't happened. However, the world is shifting towards pure capitalism. So things like parks are being privatized (check out Bush's plan to privatize American parks), schools are being privatized (applies to almost any country), animals are being privatized (genetic rights allows corporations to own newly created biological beings--so far it has only applied to simple organisms (like plants--look up the Monsato controversy) but it will likely include mammals in the future). Owning the moon may seem ludricrous to you but capitalism calls for privatizing it. It's just that it hasn't happened right now. However, I will guarantee you that the moon will be ownd by some private entities in a few hundread years (assuming capitalism is around--I think it will collapse).

    Under capitalism, everything is supposed to be privately owned. That's a result of capitalism, just like how under socialism, communism, and anarchism, everything is supposed to be owned by the "common good" or society (usually represented by government or communes).

    I have just talked about physical entities so far. The same applies to intangible things like "intellectual property", "thoughts", styles, fashion, etc. There is no difference between physical and mental entities--at least according to capitalism. For example, you will be sued in a similar manner whether you steal a company's (private) financial statements or its (private) computers. The courts--and consequently societies under capitalism--see no difference. Everything is private property according to capitalism.

    Under capitalism, patents, copyrights, IP (intellectual property) rights, etc are just as strongly protected as tangible property like buildings, capital/money, or houses. You may think what I am saying is a bunch of nonsense. You might think that capitalism has nothing to do with privatizing mental concepts. You are mistaken.

    Perhaps a very good example that is similar to the IP/copyright/DRM stuff is stock market indices. Financial institutions are the heart of capitalism so you can be sure that anything that they support is due to capitalism. How many of you know that a stock market index, like S&P 500, is owned by some corporation? An index is just a collection of stocks and anyone can make it up. But the fact that these things are owned essentially means that it is plausible for anyone to own IP, patents, DRM rights, etc. So it is actually a result of capitalism that mental constructs are owned.

    Based on your thoughts you don't seem like a capitalist to me. Or perhaps you are not a pure capitalist. You may be a quasi-capitalist who supports some non-capitalist ideals. For instance, your comment "I just don't think there should be artificial government decrees that say people can own ideas beyond the right of recognition and the right to protect personal privacy" essentially implies that you are not a capitalist. Capitalism actually calls for governments to protect rights, however arbitrary, and capitalism has nothing to do with privacy. Things like privacy, human rights, environmental rights, etc have nothing to do with capitalism.

    Sivaram Velauthapillai

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  248. Re:A few thoughts more by Anonymous Coward · · Score: 0

    Straight from the typo dept.

    --
    Slow down cowboy! Fuck me gently! Yeah, that's teh way.

  249. Re:Far fewer than if Gore been elected by gujo-odori · · Score: 2, Informative

    Yes, this is OT. Go ahead and mod me down. At least it's intelligent OT.

    Umm, Osama bin Laden is a millionaire. You don't see the heads of the PLO, Hamas, Islamic Jihad, or any other terrorist organization out there begging on the street, either.

    There's a reason for this: terrorism is not fundmentally fueled by either poverty or hunger. The components of terrorism are hatred, bigotry, and racism. "But the world is filled with those things!" you may say, "But terrorism is not universal. We have some hatred, bigotry, and racism right here in the USA, and way too much poverty for a rich country, too. Yet domestic terrorism is almost completely unknown here. Why?"

    Why, indeed? It's because terrorism needs a catalyst. That catalyst is the wealthy men with radical agendas and no regard for the rule of law who head the terrorist organizations, among whom bin Laden is the richest. Besides being pretty good at terror, Al Qaeda is a heck of a good fund-raising and money-laundering organization, too. One that would probably make most political parties and some drug cartels look on with envy.

    You can educate people all you want. It won't stop terrorism. You can feed them all you want. it won't stop terrorism. Indeed, Hamas feeds lots of people, and the Islamic world is filled with Islamic schools that educate people. The radical ones educate people in terrorist ideology, and they later graduate from ideology to techniques. So what we see is that feeding and "educating" people is an integral part of recruiting new terrorists. After all, somebody has to go out and be the suicide bomber, and it sure isn't going to be the guy in charge, or anyone from his family. They'll advocate suicide bombing but they have no taste for it themselves. It's pretty plain from that just how much they really care about the people they recruit.

    So, what will end terrorism? First of all, there is no quick fix. I'm in my forties and I believe we will be at war against terrorism for the rest of my life. I don't know if even my very young children will see an end to it in their old age.

    To end terrorism, we need to do a lot of things. Kill terrorists, firstly. Especially those on top. Make it clear that any country that harbors or aids terrorists is putting its collective neck on the block. You don't think Qaddafi's playing ball all of a sudden is a coincidence, do you? He was what happened to Saddam Hussein, and decided he wanted no part of that. Any dictator cares first and foremost about himself, and it was clear to him that the way to retain power was to play ball with the international community and dump his WMD programs before someone came along and dumped him. Qaddafi is no fool. Hussein was a fool to continue following the course he did after Sept. 11.

    Secondly, we need to encourage democracy and freedom in the Mid East. Sometimes, that can only be achieved through forcible regime change. Other times, a carrot and a stick will be enough.

    Finally, getting a settlement between the Israelis and the Palestinians is key. No one had a right to gripe about Israel holding the west bank and Gaza, and no one would have a right to gripe if they kept them forever. The only reason they are in those places is the 1967 war, a war of aggression waged against Israel by its neighbors. The Israelis won, and took that land to buffer them against future attacks. That's how they got the Golan Heights, too.

    Despite the fact that it would be fair if Israel kept that land, they won't have peace unless they give it back and let the Palestinians make a state on it.

    An end to terrorism and achievement of peace is possible, but it cannot be achieved through appeasement now any more than it could against Hitler in the 1930s. We all know what appeasement of Hitler led to. It led to waiting to fight him after he was too strong to beat easily. It led to countless millions of deaths that wouldn't have happened if they had taken him down years earlier when he had n

  250. Re:A few thoughts more by The+OPTiCIAN · · Score: 1

    Thank you for your considered reply. I wish to qualify one thing:

    > Owning the moon may seem ludricrous to you
    > but capitalism calls for privatizing it.

    I talked about exclusive and enforced naming rights to the moon. What I implied by this warrants more explanation than that short sentence. In this system, if a corporation in Europe owned this thing, it would make it illegal for an uncivilised tribesman with no knowledge of Europe to point the moon out to his child and use the of his own language.

    I wanted to come up with an examples that were absurdly contrived yet somehow conceivable. Because much of our intelletual property concepts are similarly contrived. Would capitalism support a concept such as I have indicated? Perhaps it would - trademarks are widespread. But I don't think they are that out of control in any sense.

    Imagine reading a Heinlen-style dialogue featuring a character new to our planet who has never had a concept of IP. this character is slammed with the concept in the face rather than being seduced into the madness over the course of hundreds of years.

    "What? You can... *own ideas*?! But - that's absurd. They are artifacts! They are the building blocks of the world. They are not something that somebody can accrue... like bread on the table or a collection of books. They are something inherent about the universe. They are not *made* - they are discovered.

    When an explorer wades into uncharted territories, capturing pictures of scenes or the paths to them this should not make the lands he discoveres his property. Similarly - when a scientist discovers something about DNA - that's not hers to own - it's just an accrual of knowledge about the nature of things."

    The concept of intellectual property is a hack that was produced to give people an incentive to discover things that are not really property.

    Does pure capitalism extend to my moon example? Or do you think there is a break somewhere between it, IP and owning a car?

    --


    Believe with me, my saplings.
  251. Re:Whatever happened to the interoperability claus by Anonymous Coward · · Score: 0

    You are so full of shit it isn't even funny. Stop spreading around your misinformation. Just because you believe something is "illegal" doesn't automatically make it so.

  252. Re:A few thoughts more by Sivaram_Velauthapill · · Score: 1

    I'm not a capitalist so you need to ask the capitalists who control earth ;)

    My view is that the world will shift towards pure capitalism (assuming capitalism doesn't collapse). This will mean that everything will be privatized, including the moon. My impression of capitalism is that you can privatize names, concepts, ideas, etc. This is why you can patent scientific discoveries, genetically engineered plants, books, brands, etc.

    Sivaram Velauthapillai

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  253. Re:Wait wait wait by Macka · · Score: 1

    I'm not arguing against DRM, I'm just saying that for some people, the iTMS DRM limits their fair use.
    It doesn't limit their fair use because it doesn't actually stop them from doing anything. It just makes it more inconvenient because you have to have a CD burner to pull it off.
    ... PlayFair lets them do that, since they shouldn't need to buy/own a CD burner and transcode and lose quality in order to do that
    Oh come on, lets have a reality check here. CD burners are dirt cheap now, and not hard to come by. I don't know anyone what doesn't own one.

  254. Re:No. I bought the song by Mr+Guy · · Score: 1

    Exactly, that's the entire point of Copyright law, it says under what conditions you are forbidden to redistribute. The license, on the other hand, lists conditions under which you CAN redistribute.

  255. Re:No. I bought the song by cduffy · · Score: 1
    Did you check the post I was replying to? It said something like this:
    And why is it a copyright violation? Because you are not abiding by the author's terms.
    This presumes that breaking any restriction (including those against activities which copyright law does not address) to be in and of itself a copyright violation, a flatly wrong assertion.

    That's what I was addressing, and I'm fairly sure that my post was on-topic, correct and direct. Consequently, I'm not exactly sure what you're meaning to add via your follow-up; it frankly strikes me as a bit of a non-sequiteur (and a touch inaccurate; copyright law isn't as much under what conditions one is forbidden to redistribute as what activities, redistribution among them, one is forbidden from taking without permission of the copyright holder).
  256. Re:No. I bought the song by sonamchauhan · · Score: 1
    > "YES YOU CAN (within the limits of copyright law)."
    ^^emphatic assertion .... ^^fine print
    Your parent poster made a fine point.