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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."

141 of 782 comments (clear)

  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 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.
    2. 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
    3. 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.

    4. 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.

    5. 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?

    6. 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.

    7. 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.
    8. 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
    9. 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.

    10. 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."
    11. 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

    12. 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.

    13. 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

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

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

    15. 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
    16. 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!
    17. 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"
    18. 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
    19. 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.

    20. 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.

    21. 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.

    22. 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.

    23. 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'.

    24. 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....

    25. 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.'

    26. 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.
    27. 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

    28. 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.
    29. 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?

    30. 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.

    31. 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.

    32. 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*
    33. 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
    34. 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-
    35. 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-
    36. 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.)

    37. 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'.
    38. 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.

    39. 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.

    40. 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
    41. 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
    42. 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
    43. 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.

    44. 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
    45. 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
    46. 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.
    47. 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.

    48. 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
    49. 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
    50. 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.

    51. 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..."
  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.

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

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

    Ba-doom-boom-crash!

  4. 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 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. 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 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. 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 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.

    2. 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.
  7. 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 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..
    2. 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!
    3. 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.
    4. 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?
    5. 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.
  8. 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.

  9. 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*

  10. 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
  11. 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 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

  12. 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.

  13. 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.
  14. 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...)

  15. 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 hbmartin · · Score: 3, Informative
      --
      Karma: Bizzare (mostly affected by varying internal caffeine levels.)
  16. 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."
  17. 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
  18. 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

  19. 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
  20. 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
  21. 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.

  22. 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 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.

    4. 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.

    5. 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...

  23. 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!
  24. 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.

  25. 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?

  26. 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.
  27. 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.

  28. 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.

  29. 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.

  30. 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?).
  31. 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
  32. 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 :)

  33. 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
  34. 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.
  35. 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.

  36. 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?

  37. 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!!!!

  38. 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).

  39. 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.

  40. 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
  41. 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 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.
  42. 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.

  43. 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.

  44. 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!

  45. 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."

  46. 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.
  47. 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.
  48. 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.
  49. 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

  50. 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.
  51. 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.

  52. 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?
  53. 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
  54. 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.

  55. 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.
  56. 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.

  57. 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
  58. 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?

  59. 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.

  60. 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.
  61. 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)?

  62. 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?
  63. 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
  64. 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.
  65. 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.)

  66. 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

  67. 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