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FairPlay v2 Reversed, Playfair Back Online

An anonymous reader writes "Two weeks ago Apple released iTunes 4.5. The minor changes Apple made to their Music Sharing Protocol (daap) were reverse engineered after just one day. According to a post in the Doom9 forums FairPlay version 2 has also been reverse engineered. playfair has already been patched with the new code and is back online with FSF India providing legal support. How will Apple respond?"

621 comments

  1. Obvious by thebra · · Score: 5, Redundant

    "How will Apple respond?"
    With FairPlay v3.

    1. Re:Obvious by cshark · · Score: 1, Insightful

      Apple will respond by trying to shut it down of course. If they really wanted to be innovative, they would give the project their blessing. I predict, (you heard it here first) that is exactly what apple will do, provided of course that pigs fly and george bush decides to become a member of the Green Party.

      --

      This signature has Super Cow Powers

    2. Re:Obvious by millahtime · · Score: 1, Redundant

      Don't forget that any DRM can be reverse engineered. This is just a viscious cycle.

    3. Re:Obvious by green+pizza · · Score: 5, Insightful

      >>How will Apple respond?
      >With FairPlay v3.

      Of course! Apple has to show the RIAA and record labels that they're trying to prevent "unauthorized decryption" of the .m4p files from the iTunes store.

      There's really nothing else that Apple can do. If they ignore PlayFair, the RIAA will surly pull the plug on iTunes.

      I'm waiting for Microsoft to start their MSN music store. I have a feeling MS will tell the RIAA what they can do with their wishes and desires. For one, MS will want to keep as much money to themselves as possible. They'll also want the RIAA to quick overreacting every time a weakness in DRM is exploited.

    4. Re:Obvious by nosphalot · · Score: 3, Insightful

      I don't think its a matter for Apple to decide. If the music labels that allow Apple to sell the music keep telling them to change the DRM, Apple has little choice. Without a product to sell, iTMS is pointless.

    5. Re:Obvious by Tackhead · · Score: 2, Funny
      > > "How will Apple respond?"
      >
      > With FairPlay v3.

      I give 2:1 odds and 500 quatloos that says v3 is cracked within 48 hours.

      Anyone care to take 10:1 and 50 quatloos that says it's less than 24?

    6. Re:Obvious by garcia · · Score: 4, Insightful

      Don't forget that it continues to make the community look bad. "See, we made this format so that people could legally download music for a nominal fee and they just keep breaking it so that they can pirate the tunes."

      Don't bother with DRM, RIAA sponsored music, and certainly don't bother with breaking it. Just ignore it and support free music.

    7. Re:Obvious by Bander · · Score: 5, Insightful

      Please don't be so naive, at least in public.

      Apple is not fighting this because they are evil, they are doing it becasue if they don't, record labels will be less interested in working with the iTunes Music Store.

      If you must blame someone, blame the RIAA. I agree that it's sad that Apple is playing along with the bastards, but if they aren't seen as vigorously defending the "right" of the labels to make egregious profits, they could stand to lose a critical revenue stream.

      Bander

    8. Re:Obvious by DAldredge · · Score: 1, Insightful

      Apple is evil. They just put a much more pretty face on it than Microsoft or IBM does/did.

      I give this post 7.75 minutes before it is moded down because the mods won't respond, they just mod down.

    9. Re:Obvious by runfaster · · Score: 1, Interesting

      That sounds great, but the music that people want to hear is only available in this way, currently. I'll be excited when "free music" gets to the quality/popularity that current popular music does, and because of that, I'll continue to support it where I see potential, but suggesting that people who really like what they hear on the radio not listen to it and instead listen to music which, in many genres is not as good, isn't realistic. Nor would I suggest it, as much as I want free music to succeed.

    10. Re:Obvious by garcia · · Score: 1

      That's exactly the problem. STOP FUCKING LISTENING TO MUSIC THAT ISN'T FREE. Paying for music just gives them more money to support restrictions, lawsuits, and overly wealthy suckass artists.

      If you cut off the flow they won't have much choice but to either drop their prices to something reasonable or to go completely free.

      It's OUR fault that this shit got to the level it has. It's obvious that people don't want to pay out the ass for music and that the RIAA wants you to.

      You decide if you want the prices to continue to go up... 99 cents might have been more reasonable but how long did that last? A year not even? No thanks. I'll stick to supporting free music.

    11. Re:Obvious by Planesdragon · · Score: 4, Insightful

      If they really wanted to be innovative, they would give the project their blessing.

      How is that innovative?

      Playfair is the equivalent of a Windows OS keygen. It might be an interesting academic exercise, but no more so than picking a lock or cracking encryption.

      iTMS is actually more deserving of the title "innovative." And even that's not by very much. "Good business" is a better label.

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

      I assume you mean "vicious cycle".

    13. Re:Obvious by Rosco+P.+Coltrane · · Score: 1

      I'll be excited when "free music" gets to the quality/popularity that current popular music does

      Let me guess, you're not very old are you?

      Most good "popular music" was made at least 20 years ago. If you refer to Britney Spear, N'Sync or Bust-a-Rythm, then I suggess you change radio station once in a while, to hear some music for a change.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    14. Re:Obvious by stratjakt · · Score: 0, Troll

      No, stick it to apple, MSFT, RealOne, and every other competing service.

      A few years ago I could go buy my music in a industry-wide supported format (CD, or before that tape, or before that LP) and play it in any device from a wide variety of manufacturers.

      Apple, MS, et al seek to splinter that up. Apple wants its music downloads to be incompatible with Sonys and MSFTs.

      Fuck them. I'm not going to pay a buck to listen at home, another buck to listen while jogging, another buck to listen in the car.

      Hint, offer (non-drmed) mp3s. I'll pay a buck. Once. The next best solution is to strip the bogus crap out, as all it serves to do is to create a lock-in market out of thin air.

      Yeah, Apple looks reall "fair" to slashbots right now. But they're slowly but surely tightening the noose. More and more files will be flagged as not-burnable to CD, more and more restrictions will be placed.

      It doesn't make the community look bad. It makes Apple look bad.

      When I invest in a service (by say, buying an iPod or paying a subscription) and then apple changes the terms of that service by altering the DRM, is that not a textbook bait-n-switch?

      Apple can bite me. And all the slashbots lining up to apologize and defend them can bite me too.

      --
      I don't need no instructions to know how to rock!!!!
    15. Re:Obvious by athakur999 · · Score: 5, Funny

      I'd say Apple will respond by paying someone to get the story submitted to Slashdot with a link to the offending website, thereby ensuring no one will be able to download it.

      --
      "People that quote themselves in their signatures bother me" - athakur999
    16. Re:Obvious by Anonymous Coward · · Score: 1, Informative

      I thought the point was that Playfair does not let you pirate the tunes (any more than any other method). It allows you to get past certain restrictions like not having to use an ipod as an mp3 player. I mean playfair is only useable by someone who has legally purchased a track after all.

    17. Re:Obvious by Seek_1 · · Score: 1

      >>but if they aren't seen as vigorously defending the "right" of the labels to make egregious profits, they could stand to lose a critical revenue stream Hmmm. I though the iTunes music store was operating a net loss, at least for the current fiscal year?

    18. Re:Obvious by rufo · · Score: 1

      You *do* know the prices haven't been raised, and won't be for a number of years due to contracts between Apple and the record companies, right?

      --
      My English teacher once told me that two positives don't make a negative. Two words for her: Yeah, right.
    19. Re:Obvious by Anonymous Coward · · Score: 0

      See, we made this format so that people could legally download music for a nominal fee

      I see it as..

      We created this format to ensure we could control which Apple licensed devices people can listen to it on.

    20. Re:Obvious by Anonymous Coward · · Score: 0

      Apple makes money on DRM, there is no question to it. It's their choice to sell DRMd products, they choose to do so. Don't blame anyone else, Apple is pretty much the inventor on DRMd music.

    21. Re:Obvious by Shisha · · Score: 2, Troll

      I will actually respond, even though I have mod points at the moment. I was tempted to just mod you down and I'll explain why:

      - Your post doesn't actually say anything but an opion that you don't support with anything.

      - One can't really argue with a statement that contains nothing to dispute. That's why it's so tempting just to mod it down.

      - I'll try to argue this time. Next time I'll just mod rubbish posts down when I can, it's the moderators job.

      I guess you're trying to imply that Apple is evil because they're trying to make as much money as they possibly can. What _exactly_ is wrong with that? In fact they're obliged to try to make money by their shareholders. They're not killing childern / whales / trees in the process as far as I know. In fact the least ethical thing they're doing, as far as I'm aware is playing along with RIAA in helping to protect their copyrighted material. I don't think there's anything wrong with trying lo limit the number of devices a music file can be played on. It may not be convenient, but it's not exactly the same ballpark as RIAA trying to stop me playing DVDs I own on a Linux computer.

      Have you noticed how every high street shop actually cooperates with RIAA as well by selling their CDs?

    22. Re:Obvious by Abjifyicious · · Score: 5, Insightful
      Apple is not fighting this because they are evil, they are doing it becasue if they don't, record labels will be less interested in working with the iTunes Music Store.

      That may be one of the reasons, but then there's also the fact that their DRM only works with iPods. The whole idea behind the music store is just to sell more iPods. If there was no DRM, people could use their music on non-iPod players that support AAC, but as it is they're locked into buying iPods forever unless they want to re-purchase all their music.

    23. Re:Obvious by Anonymous Coward · · Score: 0

      Sadly this is one of the most intelligent things i've read all day. Kudos to my parent!

    24. Re:Obvious by Anonymous Coward · · Score: 1, Funny

      For one, MS will want to keep as much money to themselves as possible. They'll also want the RIAA to quick overreacting every time a weakness in DRM is exploited.

      The RIAA will be learning from the best.

      If you ever need to learn how to make money selling copyrighted media, never lowering prices, keeping money to yourself, eliminating competition and NOT reacting when security exploits are found, the Microsoft is your new messiah.

    25. Re:Obvious by Damek · · Score: 1, Flamebait

      Let me guess, you're an old fart stuck in your curmudgeonly ways, and you like it, too, dammit! Am I right?

      Arsewipe.

      There's still good music being made. All over the map. I'll mention a few things I like - Autechre, Capitol K, Ratatat, anything on the Merck Records label... but that doesn't matter. In any genre there's still good stuff. And a lot of it isn't free. Telling people to stop liking what they like and listen to free music for some political reason is just stupid and will solve no problems except your own egotistical desire to be right.

    26. Re:Obvious by pla · · Score: 3, Interesting

      Don't forget that it continues to make the community look bad.

      To which community do you refer? FSF people? GNU people? EFF people? Free-and-Open source (in general) people? Whitehats? Greyhats? Blackhats? Music lovers? Anti-corporate people? Slashdotters?

      Put simply, it doesn't really matter how you answer. When something threatens corporate profits (you can see that I at least fall into the last category above), they spin it so we all manage to come out looking bad. Cracked DRM? Damn those anti-corporate open-source hippy weed-smokin' bastards! Leaked Windows source code? Damn those anti-corporate open-source hippy weed-smokin' bastards! A new worm that only affects Outlook or MSIE? Damn those anti-corporate open-source hippy weed-smokin' bastards!

      We can't win the PR war, because "they" have a PR budget, and we do not.


      Don't bother with DRM, RIAA sponsored music, and certainly don't bother with breaking it. Just ignore it and support free music.

      While good in theory (and a stance I almost fully agree with), we all have a few RIAA-signed groups we enjoy. As a better choice than supporting DRM'd downloads, just buy the CD (preferably used so the RIAA doesn't actually profit from the sale, although on the down side, the artist doesn't get any money that way either). Then rip to whatever format you like.

      Of course, the RIAA has already started working to plug that particular hole (via broken CDs), but so far have failed miserably. Aside from the overall pathetically weak nature of the DRM on CDs so far, broken CDs have failed for the only reason the RIAA cares about - Profit. The general poublic may have no idea about the trampling of their fair-use rights, but they do get annoyed when they buy a CD and it won't play in their car.

    27. Re:Obvious by nolife · · Score: 3, Informative

      MS probably does not have to make money selling music from the store itself. They will license the technology to the player makers and encoding places (chah ching!), ensure the decoding can only happen on recent versions of Windows (chah ching!) using IE (chah ching!) and probably tied into passport and MSN (chah ching, chah ching!). Hell, it might even tie into the XBox (chah ching!) and MS embedded devices (chah ching!).
      Being a monopoly has its advantages.

      --
      Bad boys rape our young girls but Violet gives willingly.
    28. Re:Obvious by theLOUDroom · · Score: 5, Insightful

      Don't forget that it continues to make the community look bad. "See, we made this format so that people could legally download music for a nominal fee and they just keep breaking it so that they can pirate the tunes."

      See, but that's stupid. People can already download music for free without playfair.

      The only compelling reason for the existence of playfair is so that you can use the music you've legally purchased in whatever format you want. (Maybe you want to buy an Ipaq instead of an ipod for example).

      THIS ISN"T ABOUT PIRACY IT'S ABOUT CONTROL.

      It's like a "broadcast flag" for music. By claiming it's a pircacy issue, you only HELP the RIAA and hurt those who understand the big picture.

      --
      Life is too short to proofread.
    29. Re:Obvious by Kplusplus · · Score: 1

      Let me guess, your very old aren't you?

      Most music that young people listen to has very little semblance to what their parents listened to for the simple fact that thier tastes are dramatically different, after all the good "popular music" doesn't have a time frame for when it was made, it's whatever the hell I hear and like. I suggest you change radio stations and listen to something new music, since after all Bach and his cohorts did some time ago.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    30. Re:Obvious by falcon5768 · · Score: 2, Insightful
      consider yourself bitten troll.

      you the reason us geeks have a bad name, because you defend your right to piracy as legal when time and again you have been told its not. The companies have to do something otherwise we will not only NOT be able to download music, but pretty soon maybe not rip albums, NOT because of Apple, but because of the RIAA using YOUR arguments as a example of why they need to lock down music.

      which do you think looks better a) geeks paying to download and buying CDs, with the RIAA trying to argue that online music doesnt sell but the records showing they are wrong. OR b) geeks pirating music on p2p's online music failing and the goverment argeeing with the RIAA argument and thus allowing complete lockdown of all recordings with the rest of the world following suit. the CD format changed to a very propetary version that breaks old records and copy protects new ones, and the RIAA alowed to go through with their tech that breaks computers you try to rip with Dont think b couldnt happen, some of them almost did back in the napster days, the only thing that stopped them was they where pursuaded to try out online music, they failed but apple didnt. Do you really want Apples failure to signal the start of a user rights war that could drag in courts for decades?

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    31. Re:Obvious by ad0gg · · Score: 1
      If you must blame someone, blame the RIAA. I agree that it's sad that Apple is playing along with the bastards, but if they aren't seen as vigorously defending the "right" of the labels to make egregious profits, they could stand to lose a critical revenue stream.

      Here's a hint, stop buying their product.

      --

      Have you ever been to a turkish prison?

    32. Re:Obvious by Kplusplus · · Score: 3, Insightful

      That "buck" arleady gives you music that you can play at home, in the car and while jogging, by using the iPod. You remember it, that thing that Apple markets as "the" cool thing to have.

      yes, non-DRMed MP3s serve them extremely well by providing the pirates with perfectly ripped tunes that they know not to be purposely screwed over by the RIAA. AFter all it's not like you can't just give that MP3 to all your friends without having them need to pay for the artist's work( and a large "packaging" fee to the Label)

      Yes, the community doesn't look bad for constantly hacking products to rip them off and make things freely available that shouldn't be after all, we do live in a communist society, everything should be free and doled out equally to all. Maybe we should have parades for the authors, after all they are heroes for stealing something merely because they couldn't have it.

      yes, an iPod is an investment in a service since after all, it only plays iTMS music, it can't play a multitude of other non DRMed formats.

      Yes, we should btite you since after all we shouldn't get in the way of your pirating things, its not like its illegal or anything.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    33. Re:Obvious by ajayvb · · Score: 2, Interesting

      I have no problems with free music. I do listen to some artistes who put out their own mp3s for downloads, and are not out to gyp the listener.
      But honestly, stop this free music spiel. What if some guys I like work with RIAA- affiliated labels? (think 60s-70s classics)
      I will do the obvious -
      a) P2P illegal downloads
      b) sell my soul to the devil and buy it on iTMS, or on ebay, or on my trips to India, where you can buy them for cheaper ($4-$7).

      Personally I think iTMS has the big drawback that you don't get CD inlays. I love the artwork, and lyrics, credits etc. that come with purchased CDs.

    34. Re:Obvious by dasmegabyte · · Score: 1

      Psht. I'd rather support good music, no matter what format it's in.

      In the past week, I've downloaded music in about six formats, from SHN files to WMAs. It doesn't bother me TOO much that I have to follow special instructions to use them. After all, I have music on records, tapes, CDs, 8 tracks, DATs, reel-to-reels, laserdiscs, DVDs and minidiscs. At least I can play all my music files on the same machine!

      --
      Hey freaks: now you're ju
    35. Re:Obvious by Omega1045 · · Score: 1, Insightful
      So Apple is doing this so they can continue to be in business selling music. In other words, Apple is making money on DRM, correct? Wow, Microsoft sure is evil with all of their DRM.

      Seriously, I am not trying to be flamebait here. There is not much of a difference is there? Both are in business making money off of DRM now, correct? I know MS really is evil in much of what they do, and Apple has been a pretty decent company. But lets not all be hypocrites (cause that would never happen here).

      --

      Great ideas often receive violent opposition from mediocre minds. - Albert Einstein

    36. Re:Obvious by nine-times · · Score: 2, Insightful

      I don't think it's sad that Apple is playing along with these bastards. I think the world will have to see dramatic reformation of IP laws, but it'll take baby steps.

      So, it's true, Apple isn't single-handedly rewriting the American and international trade laws. They're just playing by the rules. However, it's the first widely successful example of an legal distribution model that distributes popular digital media. (I'm not going to count anything which didn't catch on or failed to provide popular music/movies/etc.)

      It's a big step. First, it starts to bring into the main-steam what online distribution could look like, and what would be possible. Second, it brings IP issues to the public forum.

      I'm not going to actually describe the strange IP issues that ensue, since I'm sure you're all aware of them, but as digital distribution becomes more common (through Napster-type-illegal or iTunes-type-legal), it makes average-every-day people have to think about some of the issues that would have been geek-only concerns a few short years ago.

      When my technologically unsavy brother starts asking me "I can sell my old CD's, why can't I sell my old iTunes purchases?" it's a good sign of what's coming- because what's really needed is not new ways to bypass our current laws; we should be looking for anything that leads to a reformation of Intellectual Property laws that make sense in a world filled with computers, internet, mp3's, home networks, and DVD-R drives.

      I think popular digital online stores will help get us there, especially if the stores insist on playing by the rules. Forcing people to play by the rules might just show them how rediculous the rules are.

    37. Re:Obvious by kemapa · · Score: 5, Insightful

      I'm going to take this opportunity to show anything Apple does is rated absolutely great on Slashdot but anything similar Microsoft does is evil.

      The Slashdot article about "Janus", found here, contains a similar discussion about DRM, but with a focus on Microsoft (since "Janus" is Microsoft technology).

      There is a post very similar to the parent of my reply, stating that Microsoft is not the one pushing for DRM, it is the media giants (RIAA, MPAA). Of course, since it was defending Microsoft's DRM, it was not moderated very high. But the parent to my reply is rated +5 and says almost the same thing (but is defending Apple).

      And there was a lot of Microsoft bashing regarding the proposed DRM, moderated very highly of course, which can be found here, here, and here. But if you bash Apple on Slashdot for their DRM, you will be moderated -1 in a few seconds.

      I know this will get moderated straight to -1, but I am not attempting to start a flame war, I would actually like to start a discussion and have someone explain to me exactly why Apple DRM is wonderful but Microsoft DRM is wrong. Keep in mind that I am not trying to defend Microsoft's DRM, my position is that BOTH DRMs are bad. Anyway, my real question is, what makes Apple so perfect and Microsoft so wrong?

    38. Re:Obvious by Anonymous Coward · · Score: 0

      what the fuck is a quatloo. thats the stupidest fucking currency name ive ever heard.

    39. Re:Obvious by forevermore · · Score: 2, Informative
      Playfair is the equivalent of a Windows OS keygen.

      And here I thought that the authors were going out of their way to show that they're about fair use, not copyright infringement (even going so far as to NOT remove the purchaser's information from the files, just the DRM). I mean, what good is it if I want to buy a song from the iTMS, but then (since I don't really use Windows or MacOS) want to share that song out via MythMusic, or listen to it in RhythmBox.

      --
      Do you really need reason for beer? Wingman Brewers
    40. Re:Obvious by cshark · · Score: 1

      Great post. One correction. Never said apple was evil. Nor did I say George bush would actually join the green party. I don't see how that's naive. do you?

      --

      This signature has Super Cow Powers

    41. Re:Obvious by cshark · · Score: 1

      It's innovative because this whole project is generating a lot of press that apple doesn't want. Do you think that the average Ipod user gives a damn that this technology actually exists? Do you think they would have even known about it had apple not gone bolistic and tried to wipe it off the face of the planet? If Apple gives it their blessing, the press around the project goes away. That's innovation, or good business. Either way...

      --

      This signature has Super Cow Powers

    42. Re:Obvious by b1t+r0t · · Score: 3, Insightful
      The only compelling reason for the existence of playfair is so that you can use the music you've legally purchased in whatever format you want. (Maybe you want to buy an Ipaq instead of an ipod for example).

      Remind me again how Apple (or anybody) is forcing you to buy music with DRM included? I seem to have missed that part.

      --

      --
      "Open source is good." - Steve Jobs
      "Open source is evil." - Microsoft
    43. Re:Obvious by Anonymous Coward · · Score: 0

      Just like the MPAA stopped putting movies on DVDs after DeCSS . . .

    44. Re:Obvious by Planesdragon · · Score: 2, Insightful

      And here I thought that the authors were going out of their way to show that they're about fair use, not copyright infringement

      Kindly quote a source (legal or otherwise) that says you have a right to digital perfection when you engage your Fair Use rights.

      As for your examples--which, AFAIC, aren't so much "Fair use" as simple "use" (i.e, you're not making a new work, you're using the work you were given in a fair manner), the problem lies more with the OSS you're using than the files you paid for, partially by agreeing to DRM.

      If you can't put up with the 10% reduction in sound quality, why not just buy the acutal physical CDs?

    45. Re:Obvious by ecki · · Score: 1
      Don't forget that any DRM can be reverse engineered

      I think what you meant to say was that any DRM which relies on security by obscurity can be broken by reverse engineering stuff like key generation or secure rights storage. DRM itself is not a secret thing which needs to be reverse engineered. As soon as somebody introduces an end-to-end secure solution à la Palladium, there's nothing to be reverse engineered. Rather, the game is then to find security holes.

    46. Re:Obvious by needacoolnickname · · Score: 2, Insightful

      That's exactly the problem. STOP FUCKING LISTENING TO MUSIC THAT ISN'T FREE. Paying for music just gives them more money to support restrictions, lawsuits, and overly wealthy suckass artists.

      When is/was music ever free? Unless I am walking down the street and I hear someone playing some music it's not free and ya know what - that guy usually has a hat or a guitar case out asking for my money.

      Stop paying the RIAA. That I can understand. Go to a show. Buy a CD there from a local band - but guess what - many many many of these bands have long long contracts with the RIAA companies so until the bands stop signing them and the contracts run out it's the RIAA that is going to get the money. The band gets squat no matter how much is sol, how much the price goes up and no matter how much you feel it's okay to steak just because you don't like the business practices of someone else.

      Let me guess - you are reading this on a pirated copy of Windows because you refuse to pay for that too?

    47. Re:Obvious by 1010011010 · · Score: 1


      Has anyone cracked Windows Media DRM?

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    48. Re:Obvious by Pig+Hogger · · Score: 1
      Don't forget that any DRM can be reverse engineered. This is just a viscious cycle.
      Viscous? Not exactly. It's taking less and less time to crack them open...
    49. Re:Obvious by Pig+Hogger · · Score: 1
      Don't forget that it continues to make the community look bad. "See, we made this format so that people could legally download music for a nominal fee and they just keep breaking it so that they can exercise their fair-use rights."
      And what is wrong with that???
    50. Re:Obvious by gfxguy · · Score: 1

      I don't understand the argument that you aren't getting the CD cover/booklet/whatever. Are you buying music or printed artwork?

      It's not that I don't like that stuff, it's that it's not a compelling reason to buy a CD when compared to the CD content itself.

      So often I'd rather buy a single song than an entire CD. Getting the artwork hardly makes it worthwhile. Yes, I know that worthwhile bands make albums with more than one good song, but even the best typically have songs I don't like on them.

      Secondly, not all P2P downloads are illegal.

      Moreover, even ones that are technically illegal really shouldn't be... wasn't mymp3.com shut down because they were giving you a rip from their CD instead of yours? They argued, and the court agreed, that you are entitled to copy your CD, but are not entitled to a copy of someone elses, even if you own the same CD. I mean, what's the difference? A minor legal technicallity that certainly wasn't the intended effect. The question is how the artist or label hurt at that point? Don't you think someone should have to show that they are somehow being hurt by the act that they are suing against?

      The same goes for p2p music you download that you may already own. I'm in the camp that asks the questions: did I buy content or media? If I bought media, then I should be able to do pretty much what I want (including copying and distributing). That's obviously not right. The entertainment industry argues you paid for content. So why shouldn't I have access to that content in any way I want?

      They answer: because you bought it on vinyl, or tape, or CD, and not in a digital file format. But then they are arguing I bought the media! Which is it? The government has already given you the OK to copy your content to other mediums - CD to tape, vinyl to tape, vinyl to CD.

      So I own hundreds of vinyl recordings, and when Napster was in full swing, I'd choose a few records out of my collection and some evenings and download what was available.

      Am I not entitled legally? Am I not entitled morally? What is their stand, once and for all: did I pay for access to the content or not?

      I know the answer legally, but before I give it up I'd like them to prove to me that they are somehow being hurt.

      --
      Stupid sexy Flanders.
    51. Re:Obvious by Durandal64 · · Score: 4, Insightful
      Yeah, Apple looks reall "fair" to slashbots right now. But they're slowly but surely tightening the noose. More and more files will be flagged as not-burnable to CD, more and more restrictions will be placed.
      There are no non-burnable files on iTMS. The same contract applies to every song. You can make 7 burns of the same playlist, and authorize music on up to 4 additional computers. And Apple hasn't tightened the noose; it's loosened it, probably in response to PlayFair. They allowed for authorization on 2 additional machines, but took away 3 burns (oh boohoo, like I'm going to burn the same playlist 7 times). Apple's working a compromise between the music lovers and the RIAA, and so far, it looks like their model is working well. "Tightening the noose" my ass. Get your facts straight. I hope I can see the moderation of your post in the meta-mod panel just so I can make sure whatever imbecile modded you as "insightful" never gets mod points again.
    52. Re:Obvious by garcia · · Score: 1

      we all have a few RIAA-signed groups we enjoy.

      And? They can be a part of the RIAA and still distribute their music freely.

      I *refuse* to purchase any music that is RIAA backed. So if we are talking about including *me* in a group of people that listen to bands that are only distributed through the RIAA then you're wrong.

    53. Re:Obvious by Durandal64 · · Score: 1

      It's about appeasing the RIAA. Do you think that they'd continue to do business with Apple if Apple just let their DRM be cracked without ever bothering to change it? Apple's a business, and they have to play by the rules. I'd be willing to bet that there's a clause in their contracts with the RIAA members that obliges them to make a reasonable effort to keep their DRM ahead of the crackers.

    54. Re:Obvious by DickBreath · · Score: 0, Troll

      Remind me again how Apple (or anybody) is forcing you to buy music with DRM included?

      Reminder: Apple (and other sources) of legal, paid for, downloadable music only offer it in DRM.

      Therefore, they are forcing you to either...
      1. buy music with DRM
      or
      2. pirate music without DRM


      Maybe you should explain to me how Apple (or anybody) allows me to buy music without DRM included? Perhaps I (and others) are unaware of other reasonably priced, legal, downloadable music that allows fair use, and that have a catalog comparable to Apple (and others)?


      One would think that these people would be happy that people are wanting to give them money, and expect to make fair use of the music they buy.

      --

      I'll see your senator, and I'll raise you two judges.
    55. Re:Obvious by swv3752 · · Score: 0

      And if instead I bought a cheap RIO? Or don't use an Apple approved OS? I use Linux so what options do I have? You are not willing to support me, then screw you. I don't bother with any file sharing, but neither do I buy new music.

      --
      Just a Tuna in the Sea of Life
    56. Re:Obvious by Anonymous Coward · · Score: 0

      Yeah those bands are good. Right.

      You listen for 5 minutes, and you find yourself actually reaching for a brittany record.

      As to his "desire to be right", you can sure read a lot of stuff into his pointing out some stuff that you don't agree with.

      iTMS isn't magic or special. Its another online vendor peddling overpriced wares. We can live without it or its cousins. They are all fundamentally the same.

    57. Re:Obvious by dirk · · Score: 1

      I have a hard time having sympathy for someone who knowingly buys something he knows he can't use, and then complains about it. Everyone knows you can only use music from iTunes on an iPod, and only on Windows and OSX (I belive, I could be wrong about the last part). If you still knowingly purchase something, knowing beforehand that you can't use it, you don't deserve any sympathy. If you want music that will work with your choice of portables, make sure you buy something that works with that portable.

      If you knowingly buy something that won't work for you, you give up all rights to later complain that it doesn't work based simply on your own stupidity.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    58. Re:Obvious by d34thm0nk3y · · Score: 2, Informative

      When did the parent say anything about pirating music? He said the OPPOSITE! He said he would pay a buck if it was unencumbered with DRM. That sounds like exactly the market forces we WANT on our side, right?

      You obviously think DRM is OK, that is fine for you. Many of us think it is very bad, and boycotting is the only way we have of telling anybody. It seems pretty retarded to say don't boycott because at least this DRM isn't that bad. You just wait...

      BTW, any DRM war will be won by the hackers and script kiddies. As the restricions become tighter there will be more people willing to work on these projects and spread them throughout the net.

    59. Re:Obvious by smc13 · · Score: 1

      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"

      Somehow, I doubt you are one of those type of people and I doubt those type of people actually exist.

    60. Re:Obvious by Kombat · · Score: 2, Insightful


      Therefore, they are forcing you to either...
      1. buy music with DRM
      or
      2. pirate music without DRM


      I don't think you understand the meaning of the word "force". FWIW, nobody is "forcing" either of those 2 alternatives on anyone. People voluntarily choose to patronize those services.

      Incidentally, you left off several other options, such as "buy a legal CD and rip it yourself." Nothing illegal about that.

      --
      Like woodworking? Build your own picture frames.
    61. Re:Obvious by Kombat · · Score: 1

      Most good "popular music" was made at least 20 years ago. If you refer to Britney Spear, N'Sync or Bust-a-Rythm, then I suggess you change radio station once in a while, to hear some music for a change.

      You obviously underestimate the scope of the RIAA. While, of course, the "bubble-gum" pop bands on the Top-40 radio stations are all signed to the RIAA, so are a great deal of lesser-known artists. Many of the groups I like are members of the RIAA, and you've probably never heard of them. They make good music, and a lot less than the "20 years" ago that you presume.

      There's (unfortunately) more to the RIAA than Britney and NSYNC. They own pretty much everyone worth listening to.

      --
      Like woodworking? Build your own picture frames.
    62. Re:Obvious by theLOUDroom · · Score: 2, Insightful

      I have a hard time having sympathy for someone who knowingly buys something he knows he can't use, and then complains about it.

      I knowingly bought tape deck and tapes, knowing that someday CD was going to be coming down the road.
      Guess what? There's nothing stopping me from ripping old tapes to mp3 since I now carry an mp3 player instead of a walkman.

      If you knowingly buy something that won't work for you, you give up all rights to later complain that it doesn't work based simply on your own stupidity.

      When then you're REALLY stupid, because you haven't realized by now that just about ANY format you buy is going to become obsolete and you're either going to convert the info to another format or loose access to it.

      Do you really think that in 40 years, you're going to still be able to play these files if you don't convert them to a more portable format? Or are you planning on having you own technological history meuseum in your living room?

      --
      Life is too short to proofread.
    63. Re:Obvious by Surt · · Score: 1

      Not to mention 'don't buy any music'.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    64. Re:Obvious by ratsnapple+tea · · Score: 4, Insightful

      You're wrong. These are your choices:

      1. Buy music with DRM.
      2. Don't.

      And that's ignoring your third choice, which is to keep doing whatever you were doing (legally!) before the iTMS came about. Which includes, for example, buying a CD and ripping it yourself. All Apple's done here is give you another way to purchase your music legally, should you so choose; no one's FORCING you to use it.

    65. Re:Obvious by Jim_Maryland · · Score: 1

      I can sell my old CD's, why can't I sell my old iTunes purchases?

      Now that's an interesting point I hadn't considered before. I don't have a large collection of CDs, but I'd say at least 30% of them came from used CD shops. I wonder if any of the online music stores will start to offer the ability to trade in old songs for credit to new ones through revoking your license. Maybe I need to patent the idea of "trading in" DRM media (just kidding).

    66. Re:Obvious by theLOUDroom · · Score: 2, Interesting

      Remind me again how Apple (or anybody) is forcing you to buy music with DRM included?

      That's stupid.
      Of course no one's FORCING you to buy something.
      Even if there was only one place left on the planet to get food, technically you aren't being *forced* to buy food there, as you could always "choose" to starve to death.

      I've got an idea, why don't you show me a site where I can legally download major-label music WITHOUT DRM?

      Then there would be a real alternative.

      --
      Life is too short to proofread.
    67. Re:Obvious by eean · · Score: 1

      Note that fairplay requires you to have a valid license. It's not about piracy. Its that simple. Someone who wanted to pirate could just as easily buy the CD.

      DRM is about adding extra restrictions that don't exist with CDs.

    68. Re:Obvious by palutke · · Score: 1

      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"

      Your system sucks.

      --
      'I ain't a liar, baby, and I ain't proud I just want what I'm not allowed.' -- Violent Femmes, 36-24-36
    69. Re:Obvious by falcon5768 · · Score: 1
      A) only hackers and script kiddies would care about a DRM war, the general public will look down on them just as they do now.

      B) DRM IS ok, because its not telling you anything but dont pirate music, its saying your allowed to put it on 5 computers, unlimited iPods, and 7 burns. Anyone who does more than that is obviously pirating and should be punished.

      C) Fighting DRM by coding around it IS pirating. The law says your only allowed to circumvent it if the DRM is deemed outragous, Fairplay is hardly outragious and anyone going around it is bound to be prosecuted and will most likely lose.

      This isnt hackers here, in the real world YOU WILL GO TO JAIL, there is no happy ending and the hackers wont save the day. The only way to fight this is to go along with it, show the best face possible and beat it in the courts.

      Im sorry but Im sick of all the winny liberal bullshit, AND IM A LIBERAL. The only people bitching about DRM are misguided people and people who WANT there to be no DRM so they can pirate. If you dont want ot follow rules, go make your own country. If you want to CHANGE rules.... this is not the way, you will only make us who are trying to get rid of the laws look bad.

      Trust me you guys are making it VERY hard for us

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    70. Re:Obvious by Anonymous Coward · · Score: 0

      quatloo (not sure of the spelling) is the currency unit used in "The Gamesters of Triskellion" a second-rate (IMO) Original Star Trek episode.

    71. Re:Obvious by SandSpider · · Score: 1

      The reason is because Microsoft has shown time and time again that they are not opposed to leveraging their power for the forces of Evil. Microsoft, you may recall, is a convicted monopolist, and if they have control over your music, it's entirely possible that they will force you to upgrade to each new version of Windows, just because they can.

      Apple's DRM is considered a 'necessary evil', because people on Slashdot, on average, don't think that Apple is going to abuse the power that the DRM has over them any more than they need to in order to keep the Record Label executives happy. Cause, you know what, there is no likely scenario in the near future which includes having RIAA music available for electronic purchase but does not include any DRM at all.

      =Brian

      --
      There is nothing so good that someone, somewhere, will not hate it.
    72. Re:Obvious by crackshoe · · Score: 1

      This wouldn't be a retarded comparison if there was only a single option of purchasing music. But there isn't. Ya know, i managed for years to buy major label music without DRM - on vinyl, tape, compact disk, and eight track. The inconvinience of leaving your house doesn't justify claiming that you were forced to do something, mna. Cope.

      --
      Don't worry - its just stigmata. Pass me a napkin and don't you dare tell my mother.
    73. Re:Obvious by dirk · · Score: 1, Redundant

      This isn't about something becoming obsolete, this is about buying something you know you can't use right now. If you bought a tape, and the guy says "You know that won;t work in your CD player" and you say "Yeah, I know", you have no right to later complain that the tape won't play in your CD player. If you buy a music file you know won't work on your portable (or your OS), you give up all right to complain because it doesn't work. You knew it going in, and you bought it anyway.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    74. Re:Obvious by pknoll · · Score: 1
      Apple and Microsoft are not subject to the same rules. Microsoft is in a monopoly position, therefore they aren't allowed to use certain business practices that for other companies are perfectly ok.

      Since DRM tends to carry with it vendor lock-in, this is a bad thing when it comes from Microsoft. It's less of a bad thing when it comes from Apple. Since Apple takes steps to allow flexible use of those things you get from them that contain DRM, they look even better in comparison.

    75. Re:Obvious by Alsee · · Score: 1

      what the fuck is a quatloo. thats the stupidest fucking currency name ive ever heard.

      Try Google Quatloo, Wikipedia Quatloo, or meta-dictionary search Quatloo (though the only result here is the wikipedia link I gave already).

      I was also going to provide an Everything2 link, but surprisingly no one has created a Quatloo node (yet). Of course that will probably be corrected within a few minutes of this posting.

      However by far the best refference on Quatloos is Quatloo Valuation in the 20th Century , the first result for a routine Google groups search on Quatloo.

      Come on, this is the INTERNET. There is no excuse for silly posts asking "what does [word] mean?"

      Of course once you *do* look up Quatloo you're perfectly welcome to complain it's stupid all you like :D

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    76. Re:Obvious by Damek · · Score: 1

      Unfortunately I've not had the chance to hear "Brittany", but if they are, as you suggest, better than Autechre, Capitol K, Ratatat, and everything on Merck Records, then I have got to go download a couple of their tracks to try them out!

      Or did you mean "Britney"? As in "Britney Spears"?

      As for iTMS, I wasn't talking about it, and neither was the individual to whom I was replying.

      That person was however talking about popular music, and it could be argued that the artists I mentioned are not particularly popular. I would have expected someone to point that out as a rational rebuttal to my argument.

      Regardless, most of the "good" popular music from 20 years ago is also not free and therefore the subject is moot. And the good music that I like nowadays is not free, and I'm not going to give it up (and stop supporting the artists in any way whatsoever) just to grind a political axe against the RIAA. Most of these artists are indies anyway, on indy lables, so I'm not supporting the RIAA anyway, except perhaps for some labels that might be subsidiaries of larger RIAA labels. I think Astralwerks would fit that bill, but then I haven't bought anything of theirs since the last Chemical Brothers album came out.

    77. Re:Obvious by theLOUDroom · · Score: 1

      This isn't about something becoming obsolete, this is about buying something you know you can't use right now. If you bought a tape, and the guy says "You know that won;t work in your CD player" and you say "Yeah, I know", you have no right to later complain that the tape won't play in your CD player.

      No it's not. How the FUCK am I going to buy music with itunes, if I don't have itunes?

      This as *absolutely* about being tied to a specfic format and playback hardware.

      --
      Life is too short to proofread.
    78. Re:Obvious by phearlez · · Score: 1

      this fellow attempted the experiment.

      --
      Bad management trumps ideology - Show the world you want better leadership. http://www.timefornewmanagement.com
    79. Re:Obvious by Anonymous Coward · · Score: 0

      Most good "popular music" was made at least 20 years ago. there are lot of good artists like jimi hendrix, jim morrision, syd, etc have died .. then why the fuck are we still paying enormous money to these recording companies. this is unfair.

    80. Re:Obvious by Alsee · · Score: 1

      Kindly quote a source (legal or otherwise) that says you have a right to digital perfection when you engage your Fair Use rights.

      You missunderstand Fair Use. What it actually indicates is immunity.

      Permitting one form of fair use does not somehow grant the right to prohibit another form of fair use. Permitting parody based on puns does not somehow give a right to prohibit any other form of parody. Parody is Fair Use, period.

      Moving a song you bought to some sort of walkman or making a backup copy is fair use, no matter what quality you do it at. They certainly aren't required to help me do it, they can even make it a pain in the ass for me to do it, but they have absolutely no right to stop me when I do it anyway.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    81. Re:Obvious by 00420 · · Score: 1

      The only people bitching about DRM are misguided people and people who WANT there to be no DRM so they can pirate.

      I use fairplay (now hymn) to listen to my legally purchased itunes songs under linux, because I don't own a Windows box or a Mac.

      How is that piracy?

    82. Re:Obvious by Anonymous Coward · · Score: 0

      I mean playfair is only useable by someone who has legally purchased a track after all.

      MOD PARENT UP INSIGHTFUL

    83. Re:Obvious by theLOUDroom · · Score: 1

      The inconvinience of leaving your house doesn't justify claiming that you were forced to do something, mna. Cope.

      You totally missed the point. NOBODY'S CLAIMING THEY WERE "FORCED"!
      Obviously you always have a choice.

      The debate should not be about whether you have a choice. A MS rep isn't holding a gun to my head frocing me to type this right now, but that doesn't mean MS business practices don't both:
      A)Suck ass
      and
      B)Are illegal

      Still, no one "forces" you to use windows, so what's the problem?

      (Under this type of stupid logic, it's very hard to do ANYTHING wrong: Sure, I shot you, but no one "forced" you to come to my house.)

      --
      Life is too short to proofread.
    84. Re:Obvious by Anonymous Coward · · Score: 0

      For God's sake will you hush up? you talk too much, and nobody gives a flying fuck about your opinion, or what you do or don't like.

    85. Re:Obvious by Shakrai · · Score: 1

      DRM IS ok, because its not telling you anything but dont pirate music, its saying your allowed to put it on 5 computers, unlimited iPods, and 7 burns. Anyone who does more than that is obviously pirating and should be punished.

      What if I want to play it on my rio nomad? Is that piracy?

      Fighting DRM by coding around it IS pirating. The law says your only allowed to circumvent it if the DRM is deemed outragous

      It's outragous if I can't play my music on hardware that I purchased for the purpose because of vendor lock-in. What's next? Will the DRM refuse to play the file I have a friend sitting in the room with me?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    86. Re:Obvious by Jim_Maryland · · Score: 1

      Thanks for the link. Interesting to read and see how long the idea of transfering ownership has been goind on. Also interesting to see that it doesn't appear to have been resolved yet.

    87. Re:Obvious by silicon+not+in+the+v · · Score: 1

      That's something I have never even understood. Why would someone even need to burn the same playlist 7 or 10 times? Burn it once and start making copies of the disc with Nero, jeez.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    88. Re:Obvious by scope006 · · Score: 1

      Apple will not be happy, but they will have to bite the bullet on this one, seeing as PlayFair is deemed at least temporarily legal.

    89. Re:Obvious by BalloonMan · · Score: 1

      "show me a site where I can legally download major-label music WITHOUT DRM"

      How about this: AllOfMP3

      Of course, I think this just proves the point that PlayFair/Hymn is primarily for those who want to purchase music from ITMS and use it on non-iTunes players. Buying from AllOfMP3 would be far less expensive.

    90. Re:Obvious by zurab · · Score: 2, Insightful
      I would actually like to start a discussion and have someone explain to me exactly why Apple DRM is wonderful but Microsoft DRM is wrong.

      Apple DRM is not "wonderful," but there are obvious reasons why Microsoft's position is more unfavorable and negative as far as people's opinions, IMO:

      - Apple's iTunes music store (and associated DRM) is a service that you may or may not use; there are many other music download services that you may or may not use also;

      - the perception with Microsoft is that their DRM will be built into the OS whether you want to or not;

      - Apple doesn't have a monopoly in any related markets, while Microsoft has been convicted of abusing their desktop OS monopoly power to destroy competition in other markets.

      In general, technologies or abuses thereof that unfairly restrict people's rights should be more closely watched and scrutinized when implemented by a monopoly, as opposed to a company that merely competes for consumer dollar in a market. In a latter case, the market may well decide what technology and what use it will tolerate - good for competition; while in the former case the monopoly will be granted more de facto abusive powers, consumers will suffer from lack of choices, and will be guaranteed not to see any competition for their spending dollars.

      Having said that, and on a side note, RIAA members (applies to MPAA also) are an oligopoly, which operate a cartel with the sole intention to guarantee revenue streams for their members, even if it means violating [anti-competitive, accounting, trade, etc.] laws, taking away people's rights, and lobbying and bribing the Congress for unfair and unconstitutional legislation like the DMCA.
    91. Re:Obvious by Compenguin · · Score: 1

      > There's (unfortunately) more to the RIAA than Britney and NSYNC. They own pretty much everyone worth listening to.

      What about Motion City Soundtrack, (some of) Bad Religion, Death Cab, The Postal Service, NoFX, Pennywise, Freezepop, The Shins, Pretty Girls Make Graves, and the Decendants. Head on over to fatwreck.com epitaph.com subpop.com or matadorrecords.com I'm sure you can find at least one band worth listening to on each of those labels.

    92. Re:Obvious by SphericalCrusher · · Score: 1

      Didn't hear the news, eh? Apple banned FairPlay. There will be no more "responding with new versions" of it simply because it's no longer around in the US legally.

      --
      "Instant gratification takes too long." - Carrie Fisher
    93. Re:Obvious by glenstar · · Score: 1
      Hint, offer (non-drmed) mp3s. I'll pay a buck...

      NetMusic-- No DRM, VBR MP3s, and available anywhere in the world. $.89/track and $7.99/album.

    94. Re:Obvious by Anonymous Coward · · Score: 0

      That's it, turn in your nerd-badge. I mean it.

    95. Re:Obvious by Anonymous Coward · · Score: 0

      " You're wrong. These are your choices:
      1. Buy music with DRM.
      2. Don't.
      And that's ignoring your third choice...buying a CD and ripping it yourself."

      You are of course aware that the record companies are trying to switch from CD to DRM'd CDs? So your third choice will soon not be a choice.

      But there's a 4th choice too:

      4. Buy music from iTms and unprotect it with Playfair.

      That way you get to play them on your MP3, the record companies get their money, Apple gets its money and every one's STATED AIMS are met.

      So whats the problem?

      Unless the stated aims don't represent the truth.

    96. Re:Obvious by ratsnapple+tea · · Score: 1

      I was sticking to the legal options, because your method (arguably) alienates the RIAA and causes them to no longer support ventures like the iTMS. Whether or not the RIAA should be alienated is beside the point.

    97. Re:Obvious by dont_think_twice · · Score: 1

      I hope I can see the moderation of your post in the meta-mod panel just so I can make sure whatever imbecile modded you as "insightful" never gets mod points again.

      So your policy is that only people who agree with you should be able to moderate? I bet that would generate a real interesting discussion.

    98. Re:Obvious by Anonymous Coward · · Score: 0

      "That "buck" arleady gives you music that you can play at home, in the car and while jogging, by using the iPod. You remember it, that thing that Apple markets as "the" cool thing to have."

      You moron. The whole point of the parent's rant was that he doesn't want to be restricted to an iPod simply because he bought his music from Apple.

    99. Re:Obvious by miyoo · · Score: 1
      With FairPlay v3.

      Yep, it's not like there's much else they can do. And FairPlay v. 3 will also be cracked in a miniscule amount of time, making Apple's efforts completely worthless again. I wonder how long it will be before DRM advocates begin to realize that DRM as a concept is fundamentally flawed?

    100. Re:Obvious by DAldredge · · Score: 1

      I don't know where to start, but till you correct such basic errors as the RIAA being involved in DVD's (it's the MPAA) I will not respond, other than to say that Apple using the DMCA (if they go to court and win) helps provide president that will be used to inforce the DMCA in the future.

    101. Re:Obvious by steve_bryan · · Score: 1

      No, you're not a liberal, you are a moron. You are incapable of wriring grammatically correct sentences ('your' is a possesive pronoun, not a contraction) and you are the only one harping about piracy. There are plenty of legitimate reasons to bypass the DRM. The most obvious to everyone else here is interoperability. As long as there are substantial non-infringing uses it is legitimate. There are enough nasty folks trying to make matters even more one-sided in favor of the oligopolies, we don't need people implying the laws are worse than they actually are.

    102. Re:Obvious by Anonymous Coward · · Score: 0

      Oh dear. This is a variation of the old "It against the law so its immoral theory".

      Two words for you:

      Dred Scott

      The law is neither moral nor immoral, its *amoral* in that it isn't a judge of right or wrong, its simply a snapshot of what interest control the lawmaking body at that moment in time.

      As to the rest of your nonsense, if I loan my CD to a friend, neither of us has done anything immoral. If he makes a copy of my CD its not immoral. As far as I know it isn't even illegal.

      The notion that people should go to jail or be punished for sharing music is so ridiculous that I have to assume you're trolling.

    103. Re:Obvious by Anonymous Coward · · Score: 0

      "Yes, the community doesn't look bad for constantly hacking products"

      What community would that be? The Linux community? The slashdot community?

      You live in a weird world.

    104. Re:Obvious by Durandal64 · · Score: 1
      So your policy is that only people who agree with you should be able to moderate? I bet that would generate a real interesting discussion.
      No, you blithering idiot. The policy is that people who mod posts up which contain blatantly false information shouldn't be mods. Is that such a difficult concept for you to grasp?
    105. Re:Obvious by dont_think_twice · · Score: 1

      No, you blithering idiot. The policy is that people who mod posts up which contain blatantly false information shouldn't be mods. Is that such a difficult concept for you to grasp?

      There was nothing blatently false in the post you slandered. All of your objections were to the tone or the implications of what he said, not the facts themselves. If you had intelligently corrected him, I would have had no problem. My objection is that you feel that anyone who thought his post was worth reading should lose their moderation privlidges. Not because he was wrong, but because he was too negative towards Apple.

      And what in my post makes me a "blithering idiot"? I can understand if you disagree with it, but I don't think it was idiotic at all, and it definitely wasn't blithering.

    106. Re:Obvious by cpt+kangarooski · · Score: 1

      No, he said legally. People in the US, at least, can't legally download from there. (And if you're gonna break the law anyhow, why pay for what you can get for free, and give people your credit card number besides?)

      --
      -- 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.
    107. Re:Obvious by cpt+kangarooski · · Score: 1

      DRM IS ok, because its not telling you anything but dont pirate music, its saying your allowed to put it on 5 computers, unlimited iPods, and 7 burns. Anyone who does more than that is obviously pirating and should be punished.

      Well, that's not just wrong, it's stupid of you.

      Anything that satisfies the four-part test in 17 USC 107 is a fair use. It is by definition NOT copyright infringement to engage in such actions. And since whether any particular action might qualify is based on the circumstances involved, as opposed to the general class of action, you are moronically preventing a lot of stuff that's perfectly legal.

      Furthermore, you're just fucking shortsighted. Copyrights are of limited duration. The Constitution requires it, the law on the books sets a finite time -- what do you think happens when the music in question enters the public domain as it inevitably will? That the DRM will just magically vanish? No. It will still be on there, and even though the music will be free for the entire public to enjoy and totally lacking in copyrights, people still won't be able to use it as they see fit.

      Thus it is clear to anyone at all who considers the copyright system as a whole, and who values the ultimate purpose of copyright, that DRM must be destroyed utterly. It has to be completely eradicated such that no one ever dares to use it. Probably by voiding the copyright on any work that the copyright holder, or an authorized party, encumbers with DRM or allows to be so encumbered.

      The law says your only allowed to circumvent it if the DRM is deemed outragous

      Oh yeah? Then show me. Give me a citation to the law or case that says just that, dumbass.

      A) only hackers and script kiddies would care about a DRM war, the general public will look down on them just as they do now.

      So? I remember how the general public didn't care about lots of stuff -- unionizing, pollution, civil rights -- and how it took a lot of work by people that did care to convince the public that there was something important about these things.

      You have a policy of knuckling under. Fuck that. Fuck you. The best way to bring these issues to light, and to win for the anti-DRM side, is to force them into the public eye in such a way that the public at large will reject DRM and will force the destruction of DRM.

      Being a quisling is not going to help.

      --
      -- 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.
    108. Re:Obvious by spungebob · · Score: 1
      why don't you show me a site where I can legally download major-label music WITHOUT DRM?
      why, right here of course: Emusic

      oh wait... by "major-label" you meant megaconglomerate corporations and their groomed cadre of elite superstars such as Britney Timberlake and Justin Spears. My bad. Cuz god knows, they're the only ones with enough talent and originality to come up with fresh new $ounds and schnazzy dance moves. Nevermind...
      --
      It takes an idiot to do cool things - that's why it's cool!
    109. Re:Obvious by byolinux · · Score: 1

      Therefore, they are forcing you to either...
      1. buy music with DRM
      or
      2. pirate music without DRM


      3. Buy the physical media?

    110. Re:Obvious by Anonymous Coward · · Score: 0

      "I was sticking to the legal options, because your method (arguably) alienates the RIAA and causes them to no longer support ventures like the iTMS. Whether or not the RIAA should be alienated is beside the point."

      Using playfair is perfectly legal. RIAA are not in a strong position here, they opted for heavy DRM sites and nobody came to buy.
      They might like to only support the strong DRM sites, but they have no choice but to go where the customer are.

    111. Re:Obvious by Durandal64 · · Score: 1
      There was nothing blatently false in the post you slandered.
      Except for the claims that Apple sold songs which could not be burned to CD. I didn't slander anything.
      All of your objections were to the tone or the implications of what he said, not the facts themselves. If you had intelligently corrected him, I would have had no problem.
      The implications of what he said are perfectly open to criticism and correction. If you're going to dispute my interpretation of his statements, feel free to do so. Here is the one in particular.
      Yeah, Apple looks reall "fair" to slashbots right now. But they're slowly but surely tightening the noose. More and more files will be flagged as not-burnable to CD, more and more restrictions will be placed.
      If you honestly dispute the implication that they're already flagging files as non-burnable, then please have your head examined. It's clear to anyone what he was trying to say.
      My objection is that you feel that anyone who thought his post was worth reading should lose their moderation privlidges.
      I think that anyone who considers lying and FUD-mongering to be "insightful" should lose moderation privileges, yes. I stand by that statement.
      Not because he was wrong, but because he was too negative towards Apple.
      Oh puh-fucking-leeze. I've been critical of Apple many, many times in the past, and I have no problems with people legitimately criticizing them, but this wasn't a legitimate criticism. It was lying, a slippery slope and FUD-mongering.
    112. Re:Obvious by dont_think_twice · · Score: 1

      The implications of what he said are perfectly open to criticism and correction. If you're going to dispute my interpretation of his statements, feel free to do so.

      If you honestly dispute the implication that they're already flagging files as non-burnable, then please have your head examined. It's clear to anyone what he was trying to say.

      I have not disputed your interpertation of his post, nor have I ever expressed any desire to do so. As I have said repeatedly, you were right to correct him. My objection is only to your insistence that those who modded him up should lose mod rights.

    113. Re:Obvious by Anonymous Coward · · Score: 0

      they why'd you read it? if you didn't read it, why'd you reply to it? you seem to spend an inordinate amount of time reading or replying to things you don't care about.

    114. Re:Obvious by Durandal64 · · Score: 1
      I have not disputed your interpertation of his post, nor have I ever expressed any desire to do so. As I have said repeatedly, you were right to correct him. My objection is only to your insistence that those who modded him up should lose mod rights.
      So you're not disputing my statement that he lied; you're just disputing my statement that people who mod up posts which contain mistruths as "insightful" should not be given mod powers? Give me a break; people who can't differentiate mistruths and FUD from facts should be given moderation points? That's a difficult position to defend. As to your backpedaling on your prior statements ...

      You explicitly accused me of slandering, meaning that you took issue with how I interpreted what he said. In the same breath, you claimed that there was nothing blatantly false in his statements, even though now you admit that he did make false statements and that I was right to point that out. You also said that all of my objections dealt with the implications and tone of what he said, not "the facts themselves," as if the implications of his statements were completely irrelevant.

      So which is it?
    115. Re:Obvious by dont_think_twice · · Score: 1

      Allright, lets break it down. This really is not that complicated. There are three issues: whether your interpertation of his post was accurate, whether you were correct in saying that his statement was "blatently false", and whether people who mod posts like his up should lose their moderation rights. Lets take them one at a time.

      1) Was your interpertation of his post accurate? Yes. When he claimed that Apple would make more songs non-burnable, you were right to point out this implied that some were currently non-burnable, which was not true.

      2) Were you right in saying that his post was "blatently false"? No. Technically, Apple going from no non-burnable songs to some non-burnable songs could be considered "making more songs non-burnable". Therefore, his post was not "blatently false". It was misleading, and, again, you were right to correct this misleading aspect.

      3) Should people who give positive moderation to posts like this lose their moderation priviledges? No. The point in moderation is to facilitate an interesting and informative discussion. It is not to vote on the right answer, and it is not to actively promote one position. Even if he had made a factually false statement, moderators still should not lose their mod rights for modding it up. That punishment should be reserved for those who actively sabatoge a discussion, not for those who, in attempting to factilitate a discussion, make a mistake.

      Now, for some other stuff:

      Give me a break; people who can't differentiate mistruths and FUD from facts should be given moderation points? That's a difficult position to defend.

      That is not a difficult position to defend. Why have a moderation system at all if only "enlightened" people get to mod? A system like that is invariable skewed towards the view of the "enlightened," which may not represent the views of the unwashed masses at all. If the point of moderation was to pick out the right answer, a system like that might work. However, the point in moderation is to produce interesting discussions. Besides, if you are willing to go that far, why allow the "non-enlightened" to post at all? Why not just give posting rights to those who can pass a computer test or who have a college degree?

      As to your backpedaling on your prior statements

      I have never backpeddled. My veiw from the start has been that you were right to correct him, and wrong to insist that people should lose moderation rights for modding him up. That is still my view.

      You explicitly accused me of slandering, meaning that you took issue with how I interpreted what he said.

      Not true. You slandered him when you said that his post was "blatently false," which is independent of your interpertation of his post. Therefore, the rest of that paragraph of yours is meaningless.

    116. Re:Obvious by Durandal64 · · Score: 1
      1) Was your interpertation of his post accurate? Yes. When he claimed that Apple would make more songs non-burnable, you were right to point out this implied that some were currently non-burnable, which was not true. 2) Were you right in saying that his post was "blatently false"? No. Technically, Apple going from no non-burnable songs to some non-burnable songs could be considered "making more songs non-burnable". Therefore, his post was not "blatently false". It was misleading, and, again, you were right to correct this misleading aspect.
      Except that it's not technically correct. Apple only restricts the burning of a single playlist. iTunes doesn't keep track of how often you burn a single song; you can burn that song as many times as you want in as many different playlist combinations as you want. So yes, it was blatantly false, as in obviously false. What do you think "blatantly" means, exactly?
      3) Should people who give positive moderation to posts like this lose their moderation priviledges? No. The point in moderation is to facilitate an interesting and informative discussion. It is not to vote on the right answer, and it is not to actively promote one position. Even if he had made a factually false statement, moderators still should not lose their mod rights for modding it up. That punishment should be reserved for those who actively sabatoge a discussion, not for those who, in attempting to factilitate a discussion, make a mistake.
      Ah, so if someone posts a litany of lies regarding Apple, Microsoft or Linux, it should be modded up as "interesting" or "insightful" to encourage discussion instead of modded down? This gets better and better all the time. Maybe I'll post something about how OpenOffice is $50 more retail than Microsoft Office and has compatibility issues, so only morons would buy it. I'll try and act surprised when I get modded down.
      That is not a difficult position to defend. Why have a moderation system at all if only "enlightened" people get to mod?
      Because those people have better judgment and insight. Why do you think good karma is required to get mod points?
      A system like that is invariable skewed towards the view of the "enlightened," which may not represent the views of the unwashed masses at all. If the point of moderation was to pick out the right answer, a system like that might work. However, the point in moderation is to produce interesting discussions. Besides, if you are willing to go that far, why allow the "non-enlightened" to post at all? Why not just give posting rights to those who can pass a computer test or who have a college degree?
      Mod points judge a post based on content, not on whether or not the masses like it. If a post contains false statements presented as if they were true, then it's a negative contribution, because not everyone will bother to read the posts correcting it. I can't believe I'm actually arguing with you. Lying and making uninformed and/or false statements is not only okay, but should be rewarded as long as it stimulates discussion? Are you on crack?
      I have never backpeddled. My veiw from the start has been that you were right to correct him, and wrong to insist that people should lose moderation rights for modding him up. That is still my view.
      Except that you accused me of slandering and therefore misrepresenting his statements. Whoops. Keep backpedaling; make sure you don't trip.
      Not true. You slandered him when you said that his post was "blatently false," which is independent of your interpertation of his post. Therefore, the rest of that paragraph of yours is meaningless.
      What a load of horse shit. You yourself admitted that his statements were incorrect. Your big beef appears to be with my use of the word "blatantly," which is a matter of subjective opinion as to how obvious the falsity of his statements were. For some reason, you seem to think that the word "blatant" means something other than what it means -- obvious and conspicuous. I thought it was fairly obvious; you didn't.
    117. Re:Obvious by dont_think_twice · · Score: 1

      Me:
      1) Was your interpertation of his post accurate? Yes. When he claimed that Apple would make more songs non-burnable, you were right to point out this implied that some were currently non-burnable, which was not true. 2) Were you right in saying that his post was "blatently false"? No. Technically, Apple going from no non-burnable songs to some non-burnable songs could be considered "making more songs non-burnable". Therefore, his post was not "blatently false". It was misleading, and, again, you were right to correct this misleading aspect.

      You:
      Except that it's not technically correct. Apple only restricts the burning of a single playlist. iTunes doesn't keep track of how often you burn a single song; you can burn that song as many times as you want in as many different playlist combinations as you want. So yes, it was blatantly false, as in obviously false. What do you think "blatantly" means, exactly?

      Response:
      His statement was that Apple could, in the future, make more songs non-burnable. As I showed previously, there is nothing false about this. It is misleading, becuase it implies that Apple currently distributes some non-burnable cd's, but there is nothing false, blatently or otherwise, about it. I have no idea what the distinction between burning a song and a playlist has to do with it, since the statement is about what Apple could do in the future, not what it does now.

      Me:
      3) Should people who give positive moderation to posts like this lose their moderation priviledges? No. The point in moderation is to facilitate an interesting and informative discussion. It is not to vote on the right answer, and it is not to actively promote one position. Even if he had made a factually false statement, moderators still should not lose their mod rights for modding it up. That punishment should be reserved for those who actively sabatoge a discussion, not for those who, in attempting to factilitate a discussion, make a mistake.

      You:
      Ah, so if someone posts a litany of lies regarding Apple, Microsoft or Linux, it should be modded up as "interesting" or "insightful" to encourage discussion instead of modded down? This gets better and better all the time. Maybe I'll post something about how OpenOffice is $50 more retail than Microsoft Office and has compatibility issues, so only morons would buy it. I'll try and act surprised when I get modded down.

      Response:
      I never said innacurate statements should be modded up. I said that people should not lose their moderation rights for modding an innacurate statement. They are two totally different things. Surely you can see the difference?

      Me:
      I have never backpeddled. My veiw from the start has been that you were right to correct him, and wrong to insist that people should lose moderation rights for modding him up. That is still my view.

      You:
      Except that you accused me of slandering and therefore misrepresenting his statements. Whoops. Keep backpedaling; make sure you don't trip.

      Response:
      Why do you write this after I wen't through a long discussion of how his post was misleading, not false? If you can find something in his post that is false, then I will retract my accusation of slander. Otherwise, calling his post blatently false, when it is merely misleading is slander.

      You:
      What a load of horse shit. You yourself admitted that his statements were incorrect. Your big beef appears to be with my use of the word "blatantly," which is a matter of subjective opinion as to how obvious the falsity of his statements were. For some reason, you seem to think that the word "blatant" means something other than what it means -- obvious and conspicuous. I thought it was fairly obvious; you didn't.

      Response:
      I never admitted that his statements were incorrect, merely misleading. All of this is beside the point though, which is whether someone should lose the ability to moderate if they modded up a post that was incorrect. Forget I ever used the slander line, because I could care less whether you slandered him or not.

    118. Re:Obvious by Durandal64 · · Score: 1
      His statement was that Apple could, in the future, make more songs non-burnable. As I showed previously, there is nothing false about this. It is misleading, becuase it implies that Apple currently distributes some non-burnable cd's, but there is nothing false, blatently or otherwise, about it. I have no idea what the distinction between burning a song and a playlist has to do with it, since the statement is about what Apple could do in the future, not what it does now.
      Oh give me a fucking break. You admitted that his statement implied that songs were now non-burnable, and that I was right to criticize him for it. Apple could, in the future, give every god damn song away for free. Does that mean I can use that as grounds to sing the praises of iTMS?
      I never said innacurate statements should be modded up. I said that people should not lose their moderation rights for modding an innacurate statement. They are two totally different things. Surely you can see the difference?
      Yet you don't have a problem with inaccurate statements being modded up.
      Why do you write this after I wen't through a long discussion of how his post was misleading, not false? If you can find something in his post that is false, then I will retract my accusation of slander. Otherwise, calling his post blatently false, when it is merely misleading is slander.
      He said that they'd flag "more and more files as non-burnable." For fuck's sake, the implication is clear to anyone with a brain. All you're doing now is playing semantics bullshit to cover your position. His statement was false, because it clearly implied that they were already doing it.
      I never admitted that his statements were incorrect, merely misleading. All of this is beside the point though, which is whether someone should lose the ability to moderate if they modded up a post that was incorrect. Forget I ever used the slander line, because I could care less whether you slandered him or not.
      Yes, my position is that people who mod posts up without bothering to double-check the contents of those posts shouldn't have mod points.
    119. Re:Obvious by dont_think_twice · · Score: 1

      Allright, I give up. Arguing with you is like arguing with a creationist: you are so sure that you are right, that you just keep repeating yourself, ignoring the faults in your logic.

      This isn't interesting at all, it is simply pathetic.

  2. You know who they need as a spokesman? by Anonymous Coward · · Score: 0

    Jonny Fairplay from Survivor / NWA TNA. He can cut promos on Apple, and he's already got the name right.

  3. Re:Apple will respond... by green+pizza · · Score: 1

    Like the whiney self-absorbed little beeyatch that it is.

    No, I'm pretty sure Apple will ignore this. The company would love for the RIAA to pull the plug on iTunes.

  4. So yesterday... by Anonymous Coward · · Score: 0

    FairPlay 2 was cracked less than 8 hours after release and Slashdot is now getting to the story???

    1. Re:So yesterday... by Anonymous Coward · · Score: 0

      You seem to be under the impression that any of the news on slashdot is fresh or unique (like it used to be)

      If you want to get about 3/4ths of slashdot's news several hours (or days) ahead of it showing up on slashdot, just go to news.com

      It's as simple as that.

    2. Re:So yesterday... by fimbulvetr · · Score: 0

      You're new here, aren't you?

    3. Re:So yesterday... by drakaan · · Score: 1

      better yet...Google News

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    4. Re:So yesterday... by geniusj · · Score: 1

      No it wasn't. You're thinking of the update daap protocol. FairPlay v2 took a few days.

  5. Maybe... by Plaeroma · · Score: 5, Funny

    ...Apple should hire the guys, as they are obviously at least as good as the guys they have now.

    1. Re:Maybe... by bizpile · · Score: 4, Insightful

      ...Apple should hire the guys, as they are obviously at least as good as the guys they have now.

      I'd say they are better, its much harder to reverse engineer than to engineer.

    2. Re:Maybe... by Plaeroma · · Score: 1

      I try to be conservative in my estimates :)

    3. Re:Maybe... by wizarddc · · Score: 5, Insightful

      Plus they seem to be the best of show in reverse engineering, which would give Apple an insight on how they are doing it and what they could do to prevent it, or at least make it harder to do.

      As a side note, why can't Apple make it easy for their own client to download newer versions of the whole app, or at least the protocol code, automatically from the client? Downloading and updating seems so archaic nowaways. Upgrading directly from the client would be convienient and allows them to update their stuff with a lot of reliability amongst their userbase.

      --
      Th
    4. Re:Maybe... by Anonymous Coward · · Score: 3, Interesting

      Not necessarily. Engineering takes more creativity.

      With reverse engineering you can watch the machine do its work, examine the input and output and compare them, etc. You have something to work with and you know when it is right...because it works.

      The original engineers had to create something out of nothing...

    5. Re:Maybe... by selderrr · · Score: 2, Informative

      They did not "reverse engineer" FairPlay. They just added some hooks into quicktime to catch the audiostream after its was decrypted but before it is send to your audio card.

      Nothing totally insane going on here.

    6. Re:Maybe... by csirac · · Score: 0

      Re:Maybe... (Score:0)
      by Anonymous Coward on Tuesday May 11, @12:03PM (#9117327)


      Actually I'd agree with the AC. Not a troll. Not even an irrational opinion.

      So, as always, I'm wondering why AC was modded down.

    7. Re:Maybe... by yabos · · Score: 2, Insightful

      Cause then people would bitch that it's automatically updating itself without permission.

    8. Re:Maybe... by gb506 · · Score: 2, Insightful

      Have you ever heard of the marketing concept "all news is good news"?

      Seems to me that the amount "loss" attributed to PlayFair is small - appealing only to a vanishingly minute portion of the iTunes customer base. Essentially a small, steaming pile of /.ers and like-minded folk who seem to have enough spare time to worry about the so-called "rights" trampling associated with a $.99 purchase.

      While non-/.ers are happily chugging along under the rules of FairPlay, getting more than enough perceived value from their $.99 purchase, /.ers keep iTunes in the fore of their minds by continually wringing their collective hands over the DRM system.

      And where is Real/Napster et al during these fiascos?

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

      Uhh, no. playfair uses the FairPlay *DECRYPTION* code from VideoLAN.

    10. Re:Maybe... by csirac · · Score: 3, Informative

      Never mind. I'm a moron.

    11. Re:Maybe... by timothv · · Score: 1

      He wasn't. ACs start at 0.

    12. Re:Maybe... by Anonymous Coward · · Score: 0
      People would not bitch slashdotters would bitch that Apple was doing something to their computer that they didn't like and apple should release ITMS as open source.

      Please love it when stuff is easy.

    13. Re:Maybe... by Tedger · · Score: 1

      I'm sorry but these guys aren't better than Apple's guys. It is pretty easy to get around the DRM the way they went about it. On top of that it wasn't reverse engineering that they did, they just looked for holes. If the number and affect of windows virus teaches anyone anything it should be that holes are very easy to find.

    14. Re:Maybe... by TravisWatkins · · Score: 1

      Sure, they should hire the author of DeCSS.

      http://nanocrew.net/blog/apple/fairplayv2.html
      http://nanocrew.net/blog/apple/hymn.html

      --

      "But I'm still right here, giving blood and keeping faith. And I'm still right here."
    15. Re:Maybe... by wizarddc · · Score: 2, Insightful

      Who ever said anything without permissions? Think of it like norton downloading new virus def's. THey let you know when new stuff is available, and you click ok to download. Why have a check for player update in the client if you ahve to go outside of the client to get it. It seems like they could be streamlining their processes a bit, especially if they are trying to stay one step ahead of the reverse engineers and third party clients.

      --
      Th
    16. Re:Maybe... by alienw · · Score: 0, Flamebait

      Get with the program, retard. That wasn't playfair, it was some other retarded utility. Playfair actully decrypts the encrypted files.

    17. Re:Maybe... by groot · · Score: 1

      Seems to me that the amount "loss" attributed to PlayFair is small - appealing only to a vanishingly minute portion of the iTunes customer base. Essentially a small, steaming pile of /.ers and like-minded folk who seem to have enough spare time to worry about the so-called "rights" trampling associated with a $.99 purchase.

      Actually I think that like-minded /.ers really don't listen to music, either pirated or otherwise; they don't have enough free time. I don't even think they own an MP3 player, why when XMMS is just as good, or better.
      To them its not a question $.99, but the anti-openess about DRM.

      --
      "Just remember, it takes a village idiot." -- The Motley Fool.
    18. Re:Maybe... by OlivierB · · Score: 1

      And of course you kill two birds with one stones with that:

      1) you get some wickedly good programmers that will teach them a couple of things about DRM

      2) Nobody else seems to be able to do what these reverse engineers are doing. And as I very much doubt that Apple will authorize them to carry on their little hobby if they are empleyed sooo..

      Hire them!

      For roughly $50K a pop Apple would be sure this wouldn't happen anymore

      --
      Artificial intelligence is no match for natural stupidity
    19. Re:Maybe... by geniusj · · Score: 1

      Who's 'they'? It's one person and his name is Jon Lech Johansen. Though there has been help on drms.c as far as styling and layout goes from someone else. But the actual reverse engineering was done by one person.

    20. Re:Maybe... by zonker · · Score: 0

      this is interesting and all, but this is even cooler: PearPC: PowerPC Emulation For Windows & Linux...

    21. Re:Maybe... by Anonymous Coward · · Score: 0

      People who can break fairplay won't teach Apple anything DRM that they don't already know. In particular, that it is totally futile.

      BTW, I could do it (and have done it, to other DRM schemes). I'm sure lots of others can and have too, but simply didn't publish their hacks.

      As for $50K, you must be dreaming. In California (where Apple is located), that's poverty wages. Way too low for an experienced programmer anywhere else, too. (however if Apple wants to pay me $50K/year not to develop code to break their DRM, I might consider setting up an account in the Caymans for that purpose. For Microsoft, $500K/year or $50 million lump sum. For the RIAA, 10 top quality human souls per year. For Adobe... forget it, I'm still sore about the whole Sklyarov thing)

    22. Re:Maybe... by OlivierB · · Score: 1

      I think you got the essence of my post.

      I really meant apple could pay these guys "consulting" fees. And at $50K a year just to shut up, I think many people would go for it.
      Come tothink of it that not only sound for the image they are giving the industry ("We are doing everything we can to keep ahead of DRM cracks") but also economically sound: Just imagine 1 weeks worth of work from say a 10 People DRM team to develop + testing and then releasing an update for Itunes with all the attached costs (ie bandwith etc..).

      $50K would seem like a good deal.

      --
      Artificial intelligence is no match for natural stupidity
  6. Question ... by Sonic+McTails · · Score: 1

    How similar was FP v2 to v1 because I think it would have to been similar or else it would tkae longer then it took to break FairPlay v1. Also on a related note, is anyone working of cracking the WMP DRMs ?

    --
    This signature was left intentionally blank.
    1. Re:Question ... by Anonymous Coward · · Score: 0

      i was reading crazneys homepage last week and he mentioned on there that the old fairplay made heavy use of md5 and that this new one had just modified the md5 algo.

      (crazney dubbed it "imd5" which i liked :)

      hence the 8 hours to break version 2 instead of the week it took him to break the first one.

      to read it for yourself go here.

      http://crazney.net/

    2. Re:Question ... by geniusj · · Score: 1

      The only difference between FairPlay v2 and FairPlay v1 is the way that the key store was encrypted (SC Info/iSCInfo is now iSCInfo 2). The actual keys contained inside are the same.

  7. How is this different? by palndron · · Score: 5, Insightful

    I do not want to get flamed, but honestly, when I read this stuff I wonder how everyone can get so pissed off when someone breaks the GPL yet be so supportive of someone doing this kind of work?

    For all of the lofty talk in the community, is it at it's root support for whatever it takes to get "what I want, free"?

    I just would like to know the difference between these things which to me seem similar.

    Looking for a better understanding.

    --
    a man, a plan, a canal, panama
    1. Re:How is this different? by Just+Some+Guy · · Score: 5, Insightful
      If you break the GPL, you are committing copyright infringement. If you use this tool, you may not be committing copyright infringement.

      We can and should be upset with people using this to distribute cracked files, but there is no clear reason why using it to, say, play back legitimately purchased files on a Linux machine is morally or legally wrong.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:How is this different? by Raven42rac · · Score: 2, Interesting

      The difference is you buy iTunes. All these programs allow you to do is to do what you want with your own music. I have an iPod and iTunes, so I have no real use for such a program. Some people may want to purchase songs then convert them to some other format for various other applications. Different music players, etc. If I were to use a copy of Photoshop that is illicit, I would be a pirate. If I reencode my songs from iTunes that I already bought, that is my own business, IMHO. But the iTunes DRM is unobtrusive to me anyway. You can always burn the songs to cd/dvd then reencode them to whatever you want.

      --
      I hate sigs.
    3. Re:How is this different? by Walkiry · · Score: 2, Insightful

      Usually because breaking the GPL doesn't try to limit your fair use rights, unlike Digital Restrictions Management. GPL (roughly) says you have to make any changes you make to the code in a product public, doesn't aim to restrict what you can do in your house with your downloaded code.

      --
      ---- Take the Space Quiz!
    4. Re:How is this different? by Rosco+P.+Coltrane · · Score: 4, Insightful

      For all of the lofty talk in the community, is it at it's root support for whatever it takes to get "what I want, free"?

      Have you ever visited the planet Earth?

      It's not about stealing, it's about exercising your right to fair use, on the songs you purchase from Apple. It's a *right* you have, you hear? this simply prevents Apple from trampling on *your rights*.

      No doubt some people will use it to steal and share, but then, you can buy laser printers, yet the KKK have the right to print their racial slur with the same hardware you use. Would you like it if laser printers couldn't be bought easily anymore just to fight a minority that misuses the product?

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    5. Re:How is this different? by CelloJake · · Score: 3, Insightful

      I think the difference is that the cracking of DRM is justified by the fact that the copyright laws protect certain actions which DRM restricts, under the guise of preventing other infractions of the copyright code.

      On the other hand, violating the GPL is by definition a violation of copyright law, assuming the GPL is a valid license (which I believe to be true).

      While most people who use the DRM breakers will be breaking copyright laws in their actions, there are uses of it that are not inherintly violating the copyright laws (except for the DMCA, intrinsicly) which would be impossible without them.

      -Jacob

    6. Re:How is this different? by Anonymous Coward · · Score: 0

      What about lost hardware? If your comp is stolen or destroyed you can't deauthorize it. So even if you restore from backups you've now got 1 less machine you can play music on. I recently had this happen to me as a matter of fact. Luckily, i only need one license anyway.

    7. Re:How is this different? by Surt · · Score: 1

      Except for the service agreement violation. You are legally allowed to yield your fair use rights when entering into a contract, which everyone who uses the iTunes service does.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    8. Re:How is this different? by Hawthorne01 · · Score: 1
      The difference is you buy iTunes

      The last time I looked, iTunes was a free program

      *goes to apple.com/itunes*

      Yep, still is.

      And it's not "Your music." You're not allowed to broadcast it, share it with your freinds, or distribute it in anyway, regardless of the format.

      --
      "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
    9. Re:How is this different? by jpavel · · Score: 2, Insightful

      I'm sure that there will be many comments to this story pointing out how the free software community is hypocritical, demanding enforcement of and adherence to the GPL, etc, while willfully circumventing the copyright measures of commercial companies; they will say that this is inconsistent, and shows base minds that just want everything for free (monitarily).

      But there is consistency, just not with respect to copyright law. The belief that one should be able to use a good one has purchased in an unencumbered, "fair" manner, I--and many others here--believe stands on higher ground than copyrights. It is the definition of "fair" that is the gray area on which our current legal and technological battles broil. And this is why we can support the GPL while decrying measures like FairPlay, CSS, DRM, etc: the copyrights in only _some_ cases are at odds with our position on fairness.

    10. Re:How is this different? by Anonymous Coward · · Score: 5, Interesting

      Imagine that every book you bought came in a different crypto script and you needed real, microsoft or apple glasses to read each different type of book - effectively a corporate tax on reading. Would you accept this? Would you call a person who circumvented this device a "criminal" with double standards?

      No.

      It has been proven time and again that there ARE economic models to make money that don't include vendor-lock-in. In fact not only is vendor lock-in anti communistic, it is anti competition and that makes it anti-capitalist.

      Fuck DRM, fuck every sniveling executive whose job relies on just being a middle man who takes his little "tax" off everything that real people produce. These people are worthless to a communist society, and they are usless to a capitalist society. They are the dead weight every way you measure it and as far as I am concerned I am not going to let them slowly seal up cultural production across the globe into their little cabals.

      Why would ANY society want that to happen? The ONLY society I can imagine that happening in, is one that is run by the self-same people who stand to make a profit off it. And that worries me, because I think there are deals being cut between big media and government for kick-backs. And we need to crush that type of non-citizen corporate lobbying. Why does a corporation have a right to lobby, or even meet with elected representatives? Only citizens should be allowed to meet with government, and only AFTER an elected rep has meet hundreds of citizens for hundreds of hours should he be ALLOWED (we own them remember) to talk policy with a PAID lobby employee of a company.

      It doesn't seem all that wrong until you *really* think about what is going on. We need radical democracy to smash all these cretins off the face of the political landscape and start anew; with old-school right wing libertarians and old-school liberal humanists fighting it out for the CITIZENS. There is always corruption, but back in the early days of each democracy of the world there were people *who could not be bought*, I don't think any modern democracy can make that claim anymore. And it makes me sick.

    11. Re:How is this different? by crossconnects · · Score: 1

      violating the gpl is always a violation of copyright law, regardless of the validity of the gpl.

      The gpl delineates conditions for distribution privileges beyond what copyright would otherwise allow for.

      --
      no big sig
    12. Re:How is this different? by mw2040 · · Score: 2, Interesting

      The GPL says (in a tiny over-simplified, sure to get me in trouble with RMS nutshell): Take this, use it, have fun. If you make it better, let us know how. Or we'll take you to court.

      The general slashdot take on this (and I'm in agreement) is that its a morally and legally responsible request to make.

      Apple is saying: You can only use this music you bought in ways we approve of. You don't own it, you're just renting (licensing agreement). Yes, people agree to the license before hand, but slashdotters feel that fair use... such as the ability to listen to iTMS music under Linux or on a non-iPod MP3 player... is such a fundamental right that it can't be abridged even by a mutually agreed upon contract. An analogy would be if you and I, without any duress, entered into a contract wherein you agreed to never vote again if I give you $1. Voting is such a fundamental right that the contract is invalid, even though we both agreed on it.

      Now, people can argue that the GPL is not a valid (legally... maybe morally although I'm not sure how) contract or that the iTMS license trumps fair use, and thats fine. But, the argument that the average slashbot's view on contracts is "gimme free stuff" is just RIAA-level "you're a pirate" FUD. Its just that we think one type of contract is fine and the other interferes with more basic rights.

      And thats not even touching on the DMCA and whether code in and of itself can be a crime.

    13. Re:How is this different? by Goo.cc · · Score: 1

      I am supportive of Playfair because this tool allows me use the music I have paid for in any way that I want. I think that it is important considering that Apple has retroactively altered the DRM in iTunes.

    14. Re:How is this different? by Kplusplus · · Score: 1

      There is no difference, matter of fact the iTMS reverse engineering is worse.

      In one case it's taking a free prroduct made available to all, and close sourcing it, or producing versions for which the source is unavailable.

      In the other, it's taking a proprietary format and product, then stripping it of its security mechanisms, solely because some people still want everything to be free.

      In one case, no LAWS are actually broken, yes you might violate the GPL, but guess what, there is no law that says you can't use or abuse the source merely a license that itself states that you don't have to abide by.

      In the other, a long legal terms of use of provided prior to use. The product/service is not designed nor provided freely to all, there is and was no freely available version and in order to use the service/[roduct SEVERAL laws are broken, intellectual property is stolen, security measures are reverse engineered and lastly piracy is enabled by the stripping of those security mechanisms.

      The reason why this looks so bad is simply that it clearly shows why Open Operating Systems don't do well in the commercial market, the users cannot be trusted to use your product without attempting to pirate it. As a matter of fact, the hubris and sense of entitlement of the OSS community is exactly why it will always be a niche and regarded as "a bunch of people that collectively don't want to pay for anything". VLC already allowed the playback of these files with one very important difference, it did not strip the file of it's DRM. That is a VERY important distinction, reverse engineering it is not the problem as the file requires the you yourself generated the key for a file you personally own. playfair strips it of that DRM and allows it for that pirated use since you no longer need the original key.

      I enjoy free products, OSS provides so many good ones, however I don't feel like pirating something merely so that it is free. As software developers we all know every product/service is not magic and required lots of time and work, those of us that commercially write software realize that playair is a pirate's tool.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    15. Re:How is this different? by Raven42rac · · Score: 1

      I meant iTunes as in the individual songs themselves. I'm not advocating distributing the music, but doing what you want with your own music. I said "encode it in another format", not "encode it in another format then OMG put it on Kazaa". Where in my post did I advocate broadcasting, sharing, or distributing?

      --
      I hate sigs.
    16. Re:How is this different? by palndron · · Score: 2, Insightful

      But by doing this are you not breaking an explicit agreement with Apple made at purchase?

      My understanding was/is that you agree to Apple's terms when you purchase from the iTunes store. And using this utilities to circumvent Apple's stuff breaks that agreement.

      So isn't this like saying
      "Well, sure I agreed to those terms to use the service, but I don't agree with them because I think I should have fair use regardless of contracts/agreements so I am going to just break the agreement."

      So it is ok to break this agreement?
      Why wouldn't you just use other services? This is choice here is there not?

      --
      a man, a plan, a canal, panama
    17. Re:How is this different? by cei · · Score: 1

      When you buy a CD from a store, there isn't an explict licensing agreement that governs what you can and can't do with the music on those CDs. There's no such ambiguity with iTMS. It's very clear from the first time you run it that you agree to do so with a few restrictions.

      This isn't about copyright, it's about EULA, and even if you don't redistribute the songs that you've cracked, you're still violating EULA if you use PlayFair.

      --
      This sig intentionally left justified.
    18. Re:How is this different? by karmatic · · Score: 4, Informative

      One, EULAs have never shown to be legally binding.

      For example, take a video game. Do you need to agree to the EULA to run it? Of course not:
      1- Minors can't enter into contracts. Can only people 18+ buy games?
      2- They are amending the terms of sale, after the sale has taken place. This is not legal.
      3- Contract laws require that you actually receive something in exchange for what you are offering. Now, the theory behind the EULA is that your computer (and through extension, you) makes a copy when you run it, as such, you need a license to copy. However, Copyright law specifically allows fair use, which allows you to do more than the EULA anyway, and copyright law lets you make copies anyway. As such, you are literally getting nothing in return.
      4- Click-through agreements have never been shown to count as a legal agreement
      5- What if you just skip it altogether?

      The reality is, the companies who use EULAs are abusing the system, and trying to treat a license like a contract. It is not. A license doesn't have any of the above issues (the GPL is, for example, a license).

      For example, copyright law says that you may not distribute copies. However, a license can say "you can go ahead and distribute copies, but only if you do X, Y, and Z". A license giveth, a license does not take. As such, minors can use licenses, too.

      For example, suppose I were to were to write some sheet music, and give it to you. Copyright law is fairly specific about what you can do with it. For the most part, it just means you can't distribute copies. Now, suppose I placed the text "You may make and distribute copies, provided this copyright notice is present on all copies". This is a license. It gives you rights you do not normally had. You do not need to "enter" into any agreement at all. If you don't want to use it, you don't have to.

    19. Re:How is this different? by karmatic · · Score: 1

      Missed a link:
      Sec. 117. - Limitations on exclusive rights: Computer programs. Forgot to put anything in my A brackets.

    20. Re:How is this different? by MoneyT · · Score: 1

      You send an email to the iTMS help and tell them that you've lost a computer and you'd like to deauthorize it.

      --
      T Money
      World Domination with a plastic spoon since 1984
    21. Re:How is this different? by Brian+Blessed · · Score: 2, Insightful

      If you use this tool, you may not be committing copyright infringement.

      Not only using it, we're talking about the legality of distributing this program. People need to understand how fundamental this is, and stop saying idiotic things like "it's the nicest DRM around, so it doesn't seem right to break it".

      It comes down to whether we have the right to distribute software that we have created (from scratch).

      - Brian.

    22. Re:How is this different? by MoneyT · · Score: 2, Insightful

      1) Minors can't buy from iTMS (see need for credit card). The only way they could buy is if they have an allowance system, under which, the parent is legaly responsible for the music. The contract is with whom ever owns the card the accoutnn is registered to.

      2) The terms are not amended after the sale. You have to agree to these terms BEFORE you buy the music.

      3) You do recieve something in exchange, you recieve the music in exchange for $.99 and giving up the right to use unauthorized programs to make copies of said music.

      4) No, they haven't, but certainly terms you agree to before a sale have been.

      5) You can't.

      --
      T Money
      World Domination with a plastic spoon since 1984
    23. Re:How is this different? by Anonymous Coward · · Score: 0

      I wonder if this would hold up -- Right Of First Sale -- Adverts are full of terms like "Buy songs" and "Purchase music" -- The DMCA contains a fairuse provision, and there's also the AHRA.... Let some other iAnal take it from there.

    24. Re:How is this different? by Just+Some+Guy · · Score: 1
      I'm 16 years old. What's the "contract" you speak of?

      I'm not, actually, but that would definitely change the legal angle quite a bit.

      --
      Dewey, what part of this looks like authorities should be involved?
    25. Re:How is this different? by R.Caley · · Score: 1
      Copyright law specifically allows fair use

      However, copying to other formats is not obviously fair use.

      AIUI, under US law there are four factors considered in decising in fair use, and three of the four are clearly against format-changing: you are copying a cretaive work, you are copying all of it and you are merely copying, not creating anything new.

      There is also a plausible argument that you are undermining a potential market for the work -- the owner might start selling it in the format you create, so if people were allowed to make such copies they would eliminate a potential market.

      That last on isn't 100% clear, but three and a half out of four is a pretty strong argument against it being fair use.

      Not that I don't make such copies, I'm just saying that I don't think people should imagine that in doing so they are protected under `fair use'.

      --
      _O_
      .|<
      The named which can be named is not the true named
    26. Re:How is this different? by Backov · · Score: 1

      You mean that contract I didn't read and didn't sign? The one that would blow away like a tumbleweed in a court of law for those very reasons?

      --
      In the law there is no overlap between theft and copyright infringement whatsoever.
    27. Re:How is this different? by Just+Some+Guy · · Score: 1
      However, copying to other formats is not obviously fair use.

      ...in much the same way that converting an RF broadcast into a pattern of magnetic particles on a VHS tape is illegal and not practiced by law-abiding citizens.

      How is AAC -> MP3 for personal use inherently different than broadcast television -> VCR for personal use? If anything, it seems like more of a fair use no-brainer, since you've actually purchased (forget the EULA: read all of their advertising) the product, and therefor have more right to use it as you see fit and someone who merely happens to receive a signal in their home - at least, according to any reasonable 3rd-party observer.

      --
      Dewey, what part of this looks like authorities should be involved?
    28. Re:How is this different? by Kplusplus · · Score: 1

      Your absolutely right, it's not "your music" you didn't write it, compose it, produce it, nor perform it. All you did was purchase the right to listen to it freely.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    29. Re:How is this different? by Gaijin42 · · Score: 1

      Best buy sells coasters. These coasters come with advertizing in the form of a game manual, and the coasters themselves are advertizing, in the form of a game name, and maybe a picture of the game on the front cover!

      They also include a license agreement. If you agree to the license, you are additionally allowed to use a game, that is included on the coaster!

      (Obviousaly a bit trollish, but the point is the "a license gives you something" standpoint that you are advocating is not directly in conflict with the way software companies want to act.

    30. Re:How is this different? by Anonymous Coward · · Score: 0

      You're not allowed to buy from the iTMS. Check the EULA.

    31. Re:How is this different? by MConlon · · Score: 1

      One, EULAs have never shown to be legally binding.

      Neither has the GPL, as far as I know.

      There's nothing stopping you from buying CDs, you know. Or getting your music elsewhere. If you don't like the iTunes EULA, vote with your wallet. And let Apple know that you used to buy music at the iTMS, but you've decided their EULA is too restrictive; you'd like to be able to buy unencrypted files.

      MJC

    32. Re:How is this different? by Anonymous Coward · · Score: 0

      If you believe it will blow over like a tumbleweed, then take Apple to court over it.

    33. Re:How is this different? by Just+Some+Guy · · Score: 1

      Since I wouldn't be old enough to enter a contract, I wouldn't be able to be bound by the terms of the EULA that say I have to be 18. How would that work out?

      --
      Dewey, what part of this looks like authorities should be involved?
    34. Re:How is this different? by Wiz · · Score: 1

      The GPL isn't an EULA though!!!

      The GPL is a license for distribution, if you didn't have it then you'd be breaking copyright law on the author's code/music/etc.

    35. Re:How is this different? by MalleusEBHC · · Score: 1

      No doubt some people will use it to steal and share, but then, you can buy laser printers, yet the KKK have the right to print their racial slur with the same hardware you use. Would you like it if laser printers couldn't be bought easily anymore just to fight a minority that misuses the product?

      This is a bit offtopic, but how is the KKK misusing the printer? Last time I checked, they were just exercising their right to free speech. They may be ignorant assholes, but they are ignorant assholes who are doing something 100% legal.

    36. Re:How is this different? by Anonymous Coward · · Score: 0

      The only thing Apple has retroactively changed is that FairPlay v1 files can now be played on five machines rather than three. The restriction of burning playlists from ten to seven is only for songs bought with the FairPlay v2 DRM.

      There has been no retroactive restrictions added.

      So given you have now been educated, you're not supportive of Playfair now, yes?

    37. Re:How is this different? by lfourrier · · Score: 1

      recently, in germany, a court find the GPL valid.
      see http://www.netfilter.org/news/2004-04-15-sitecom-g pl.html

    38. Re:How is this different? by Anonymous Coward · · Score: 0

      " Yes, people agree to the license before hand,"

      There you go. If you don't like the DRM, then don't buy from Apple. Don't agree to something and then break your promise.

      Other EULAs are stupid because you have to buy BEFORE you read the EULA. In this case you don't buy until AFTER you have accepted the EULA.

      That's the difference. You're not being tricked into an EULA after the fact. You don't like DRM fine, don't but from the iTunes Music Store.

      It really is that simple -- go buy CDs from a store.

    39. Re:How is this different? by Kplusplus · · Score: 1

      "Imagine that every book you bought came in a different crypto script and you needed real, microsoft or apple glasses to read each different type of book - effectively a corporate tax on reading. Would you accept this? Would you call a person who circumvented this device a "criminal" with double standards?"

      YES, unlike you I don't feel it's my god given right to read books. I simply wouldn't read the books that I don't feel provide me with terms that I like.

      Is that illegal, no? However if I instead figured out the exact optic manglements each "format" used then provided a universal pair of glasses, and then you bought it to read the books, both you and I would be breaking the law.

      Perhaps the glasses allow me fairer use of the books I have bought, what makes it fair? the fact that the competing companies then don't get my money for their particular glasses? After all competition sin't about competing with each other to create products I want to use, it's really about competitors using interchangeable products since they want me to mix my LOTR with Harry Potter and Crytonomicon because that makes each companies' product that much better.

      What you simply don't get is that when a product makes effort to exclude you why make effort to use it? Leave it the fuck alone, let it wither and die, then you know you contributed to its eventual demise.

      The rest of your diatribe is bullshit, your red bands are showing comrade.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    40. Re:How is this different? by alienw · · Score: 1

      How is this anything like breaking the GPL? Let's see:
      - Companies that break the GPL infringe someone's copyright, and generally use the work commercially where they would have to pay millions of dollars if not for the GPL'd software
      - PlayFair does not infringe anyone's copyright and merely allows someone who legally purchased a song from iTMS to enjoy it outside of iTunes. Nobody is using this for piracy -- who the hell wants to pirate crappy 128Kbps AAC files when 192Kbps MP3s are readily available?

      Again, can you tell me how the situations are even remotely close? What I DO see a lot on slashdot is Apple fanboyism, where people applaud anything Apple does without stopping and thinking.

    41. Re:How is this different? by R.Caley · · Score: 2, Insightful
      How is AAC -> MP3 for personal use inherently different than broadcast television -> VCR for personal use?

      Why do you imagine I think it is. So far as I know recording TV to tape for personal use is not recognised as fair use, except i the limited case of time shifting (ie when you erase the tape after watching it, rather than creating a copy to keep).

      [...]since you've actually purchased the product, and therefor have more right to use it as you see fit

      You have purchased a copy, but not a dispensation to copy. Consider the case with a paperback: you have purchased thebook, and have every right to use it to hit your dog or prop up a wonky table, but you don't (neccessarily) have the right to copy the contents.

      To come at it from another direction, there are specific rules allowing people to copy and format change for purposes of preservation (eg from old rotting film stock or things printed on acidic paper). The existance of such specific exceptions would seem to imply that the general case is not allowed.

      Again: I'm not making any kind of ethical argument here, just pointing out that unless there has been a case which settled this issue, it's probably not a good idea to assume that it is fair use.

      --
      _O_
      .|<
      The named which can be named is not the true named
    42. Re:How is this different? by Anonymous Coward · · Score: 0

      Yeah. I mean if I hire that female plumber and explain to her that I'm hiring her to come fix my shower and she confirms that that's the reason I'm hiring her and when she shows up I fuck her up the ass, that's ok. Cause I paid her to come fix my shower, right?

      Look, dickwad, everybody knows the terms when they "buy" a song from iTMS. It's not a surprise that it has DRM functionality built in. It's not a surprise that it works primarily with iPods. If people don't like, don't do business with Apple. It's as simple as that.

    43. Re:How is this different? by ivan256 · · Score: 1

      1) Minors can't buy from iTMS (see need for credit card).

      Minors can hold credit cards with an adult co-signatory. The contract with the credit card company is for the payment of charges made. A minor cannot enter their parents into binding agreements through the use of a credit card their parents co-signed for. Having a credit card is *not* proof of age. Anybody that tells you they're using your card to "verify your age" is ripping you off.

    44. Re:How is this different? by minus_273 · · Score: 1

      you are worng
      "yet the KKK have the right to print their racial slur with the same hardware you use."
      These rights you speak of are amrican rights not global ones. If you dont believe me, do the following, go to DC and hold up a sign with a swastik (any type). Then do the same in Paris and see what happens.

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    45. Re:How is this different? by abbamouse · · Score: 1

      Watch out for those "always" and "never" statements. A couple of states did pass UCITA and a few court decisions have upheld parts of EULAs. On the other hand, some states passed laws making EULAs non-binding and New York courts rejected them as contract. It all depends on what state you're in -- most of them haven't adjudicated the issue yet.

      1. Minors can enter into contracts, but in most cases they also have the right to cancel them (therefore, few people will sign a contract with a minor). Cancelling a contract means the minor must return the property.

      2. Amending terms of sale can be legal if it's part of a contract, though all sorts of interesting "consideration" issues come up. It's really remarkable how many "rights" you can sign away in a contract.

      3. The consideration for the EULA is the use of the software/music itself. This is the "you own the media but we own the code" model. Most courts will look at the opportunity for the purchaser to know the license terms prior to sale -- ie printing them on the box is better than making them available on a website is better than hiding them on the CD itself. Still, courts can be remarkably business-friendly places.

      4. Again, some courts have ruled that click-through agreements are valid. A four-year-old summary of prior cases is available online.

      5. This is an interesting scenario, and in all the cases of which I'm aware, there were other issues that resolved the case without forcing the judge to reach a decision about circumventing the EULA.

      --
      Make cheese not war 8:)
    46. Re:How is this different? by karmatic · · Score: 1

      1) Minors can't buy from iTMS (see need for credit card). The only way they could buy is if they have an allowance system, under which, the parent is legaly responsible for the music. The contract is with whom ever owns the card the accoutnn is registered to.

      Well, I had a credit card (in my own name) well before I was 18. I could have purchased iTunes songs - I cannot enter into contracts on my parent's behalf, even if I do steal their credit.

      Secondly, ever heard of prepaid iTunes cards? They sell to minors (deliberatly, I might add), you can't see a copy of the terms at the point of sale (another reason courts could rule it not legally binding), _and_ every time they change the iTunes TOS, it's modifying the terms of a sale post-sale. If it's included (even by reference), a modification to the included part is still amending the terms of sale.

      2) The terms are not amended after the sale. You have to agree to these terms BEFORE you buy the music.
      Unless, of course, you do prepaid cards, gift certificates, what have you. Anyhow, it's the price that gives you the right to have the songs, not the "agreeing to use only unauthorized progams" that gives you the rights. After all, anything else is unenforcable to minors, who they quite specifically target.

      5) Want to bet? I do it all the time. When I purchase a program, law (and judicial precident) say I have the right to reverse engineer it. I simply remove the so-called EULAs from the program. Obviously, I have a right to use the software (I paid for it, I had better have the right to), and they are trying to amend the terms post-sale anyway. All it takes is 30-60 seconds and softice to make those little annoying dialogs go away.

    47. Re:How is this different? by karmatic · · Score: 1

      THE GPL IS A LICENSE, NOT A CONTRACT!

      It is the law that says you can't copy willy-nilly. It's the GPL that says you can, but only if you follow certain terms.

      You do not sue someone for a GPL violation. You sue them for copyright infringement, because they didn't agree to the terms for copying. It's copyright law that takes the freedoms, not the GPL. There is not one thing you could do before the GPL, that you can not do afterwards. There are a number of things you can, that you could not before.

      Licenses generally don't show up in court, because if you get a licese you use declared invalid, it means you are breaking the law to distribute it. It doesn't give you any more rights, so there isn't much point.

    48. Re:How is this different? by Just+Some+Guy · · Score: 1
      I suppose I see your point, although I still adhere tightly to the idea that it's morally acceptable in every way.

      In my personal case, I'd even argue that format-shifting from a closed format to an open one is the same as making an archive copy, since I'm reasonably sure that I'll always be able to play an MP3 or OGG, or at least convert one to the format-du-jour years from now, but I have no expectation that I'll be able to do the same with an encrypted AAC.

      --
      Dewey, what part of this looks like authorities should be involved?
    49. Re:How is this different? by Raven42rac · · Score: 1

      No. I meant you hire a female plumber to fix your shower, and you also mention that your sink is dripping. I suppose the ass-fuckery would just be icing on the cake. Like I said, the DRM doesn't bother me because I use iTunes/iPod. What if you have an incompatible portable music player? You should not just be SOL.

      --
      I hate sigs.
    50. Re:How is this different? by Anonymous Coward · · Score: 0

      Nobody has an obligation to provide, via the music service du jour, functionality for whatever music player you chose to purchase. It's not Apple's job to make sure that you get more value from your third party product. If I go buy a Beta video casette player, is Blockbuster obligated to provide me with Beta format movies? Nope. Same thing goes here.

    51. Re:How is this different? by Anonymous Coward · · Score: 0

      5) Want to bet? I do it all the time. When I purchase a program, law (and judicial precident) say I have the right to reverse engineer it. I simply remove the so-called EULAs from the program. Obviously, I have a right to use the software (I paid for it, I had better have the right to), and they are trying to amend the terms post-sale anyway. All it takes is 30-60 seconds and softice to make those little annoying dialogs go away.

      i'm not sure that modification and recompilation of a program qualifies as legal reverse engineering, but i'm not a lawyer.

    52. Re:How is this different? by XeXeN · · Score: 1

      I'm actually glad that it was cracked. Yes I buy some of my music off of iTunes. But I also like to play my music on all "MY" computers. 15 to be exact only being able to play my music on 5 is an annoyance.

    53. Re:How is this different? by gfxguy · · Score: 1

      Has the GPL ever been shown to be legally binding? One can use GPL'ed software without reading the agreement - one can even use the code without reading the agreement.

      What's the difference? At least with most online services and software installations you at least have to click a button saying "I've read the agreement and agree to it."

      --
      Stupid sexy Flanders.
    54. Re:How is this different? by Anonymous Coward · · Score: 0

      It comes down to whether we have the right to distribute software that we have created (from scratch).

      Not sure whether you are arguing for or against this one, but I don't think one should have the outright authority to distribute software strictly based on the fact that they created it. It is a big grey area, but how about virus creators? Should they be able to distribute their software? Or worm creators (not like they actually have to, as the software usually does all the work itself).

      How about if I released some software that was somehow able to obtain your personal information? Should I have the right to distribute just because I made the software?

      It is obvious in most situations, people should have the right to distribute their software. But every case is different, and you can't expect Apple/RIAA to sit around while people distribute software that circumvents their copyright protections. In this case, the rights of RIAA/Apple to protect that copyright easily outweighs the right of people to distribute software to circumvent those copyrights.

      As much as I hate the RIAA, thats how it is.

    55. Re:How is this different? by gfxguy · · Score: 1

      However, copying to other formats is not obviously fair use.

      Sure it is - you are allowed to time shift broadcasts, you are allowed to tape your vinyl or CD... AFAIR this was explicitly stated in consumer home recording acts.

      I think the problem is, in fact, that explicitness that doesn't simply say "from one device to another" or "one medium to another", but specifically says which devices and mediums are allowed.

      --
      Stupid sexy Flanders.
    56. Re:How is this different? by Raven42rac · · Score: 1

      Nor did I say they had to provide it for you. I am just saying you should be allowed to adapt it for your own practical purposes. Blockbuster is not obligated to do a damn thing. The comparison is really thin, it does not even apply to this situation. I would have gone with "is it (car manufacturer)'s obligation to allow you to use third-party products in your vehicle?".

      --
      I hate sigs.
    57. Re:How is this different? by Anonymous Coward · · Score: 0

      Calm down buddy, its not the end of the world. Take a deep breath and relax.

    58. Re:How is this different? by Surt · · Score: 1

      1 - Can underage individual enter into the itunes contract?

      2 - The contract is before the sale.

      3 - Copyright allows you to make backup copies if you _can_. It does not require that the person making the sale enable this.

      4 - This will have to be decided by a court at some point.

      5 - How do you sign up for an itunes account in an ssl session without stepping through the agreement?

      EULAs are an abuse, I'm in complete agreement there.

      The itunes system is not a eula, its a contract.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    59. Re:How is this different? by Anonymous Coward · · Score: 0

      Not how it works -- Apple would have to sue him for using PlayFair, and its doubtful they've got the balls to do it.

    60. Re:How is this different? by someone247356 · · Score: 1

      You stated:
      "However, copying to other formats is not obviously fair use."

      Actually, according to most non-RIAA lawyers it is.

      See: http://www.eff.org/IP/eff_fair_use_faq.html

      "Space-shifting or format-shifting - that is, taking content you own in one format and putting it into another format, for personal, non-commercial use. For instance, "ripping" an audio CD (that is, making an MP3-format version of an audio CD that you already own) is considered fair use by many lawyers, based on the 1984 Betamax decision and the 1999 Rio MP3 player decision (RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.)"

      In fact space-shifting (CD to mp3, LP to audio tape, etc.) and time shifting (recording a show to watch later via VHS, DVD-R, Tivo) are both legal as long as it's for personal, non-commercial use.

      Well at least in the US of A. and as long as you don't have to circumvent "copy-protection" to do it. Thank you DMCA. That's the biggest problem with it. Circumvention, even to do something legal is illegal. Hopefully they fix that one soon, or an enlightened Judge throws it out.

      someone247356

      --
      Just my $0.02 (Canadian, before taxes)
    61. Re:How is this different? by Anonymous Coward · · Score: 0
      If you dont believe me, do the following, go to DC and hold up a sign with a swastik (any type). Then do the same in Paris and see what happens.

      You should see if you can get Tom Green to do that for you. I could see him doing it.

    62. Re:How is this different? by drinkypoo · · Score: 2, Interesting
      3) Just what is "the music"? If you received "the music" that says to me the copyright. What Apple says you get for your ninety-nine cents is a single digital representation of a song which can be listened to with certain specific hardware, and the right to burn it to as many CDs as you like, provided the same set of songs (aka playlist) containing it is not burned more than seven times. The question becomes, what do you have the legal right to do with the file once you have downloaded it? If it were a tape or CD then the law is explicit and clear on those matters. You have the right to make backup copies and you have the right to use devices which circumvent access protection methods (the copyright bit on a CD) to do so, ensuring your rights. But since no such law has been written to protect your rights WRT digital downloads, arguably you have no rights. On the other hand, the status is even more up in the air once you've burned the track to a CD, at which point you can (apparently) make copies of it with legal impunity, as long as they are for legal, personal use.

      4) That's nice, but you cannot contractually sign away your rights. If the law grants you the right to make copies of something (again, this has not been shown to the best of my knowledge when it comes to digital downloads of music) then even if you sign a form which says you won't do that, not only are you still allowed to do so, but you cannot be said to be in breach of contract for doing so because you have a legal right. On the other hand you have no explicit legal right to, say, sell the track to someone else, so doing that would be a breach of the terms of the contract unless explicitly allowed by the terms of sale.

      5> I don't know about itunes in particular but in some cases if you have the appropriate registry keys set (or other equivalent where appropriate) the system believes you have already agreed to the EULA and will never display it. The question then becomes, is adding those entries equivalent to clicking yes? I cannot answer it, of course, as IANAL.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    63. Re:How is this different? by qphage · · Score: 1
      EULAs have never shown to be legally binding.

      This is wrong they have been shown to be legally binding. See ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996); Hill v. Gateway 2000, 105 F.3d 1147 (7th Cir. 1997); and the Uniform Commerical Code (UCC) Sections 2-204 and 2-606(1)(b) and 2-602(1).

      1- Minors can't enter into contracts. Can only people 18+ buy games?

      This is also wrong. Minors are able to enter into agreements - however, the common law defense of minority allows them to void and "walk away" from agreements they have entered into. Some limitations apply on this right to void.

      Contract laws require that you actually receive something in exchange for what you are offering.

      True, sort of, for common law contracts - often termed 'consideration' and thought of as a promise exchanged for a promise - it is the presence of consideration that makes the contract enforceable. However, in software licenses and computer sales the UCC applies, not common law, which has different rules for contract formation, offer and acceptance, and remedies among other things.

      Now I really need to get back to studying for my law school final exams - I have one in only 3 hrs - yikes.

    64. Re:How is this different? by Anonymous Coward · · Score: 0

      So when you download GPLd software you can remove the license if you don't agree with it and do as you please?

      Cause thats what you're doing with removing the EULA from software or using other players for your iTunes music.

      You have entered into an agreement - if you do not wish to accept the terms of the agreement you can return the product (or not distribute in the case of GPL).

      You cannot say that the GPL is great at the same time as saying that licenses are bad. The GPL is a license.

      By using iTMS - you have a license to use the music in the way it is provided. Thats what the license for iTMS says. If you don't agree with this, then obtain the music in a different format.

      Now.... wheres the address for the Zonaphone company so I can get new copies of these 98rpm bakalite disks I have :-)

    65. Re:How is this different? by CoughDropAddict · · Score: 1

      One, EULAs have never shown to be legally binding.

      Patently false. Why do people make authoritative-sounding claims without knowing what they're talking about?

      ProCD vs Zeidenberg is an example of a case where a EULA was upheld as legally binding, and the opinion gives strong support for the enforcability of EULA's in general.

      So stop spreading misinformation.

      The reality is, the companies who use EULAs are abusing the system, and trying to treat a license like a contract.

      Read the ProCD opinion, and become enlightened about the legal concept of contract of sale.

    66. Re:How is this different? by Anonymous Coward · · Score: 0

      oh what a joke.. Are you serious with that analogy? And since when is it your *right*? Everyone seems to throw that word around anymore.. well I have the right to this, and the right to that.. show me in writing where it's your god given *right*.. grow up!

    67. Re:How is this different? by Anonymous Coward · · Score: 0

      > So when you download GPLd software you can remove the license if you don't agree with it

      Yes.

      > and do as you please?

      No, because if you remove the GPL the code would still be under copyright.

    68. Re:How is this different? by karmatic · · Score: 1

      Because the GPL is a License, NOT A CONTRACT.

      You don't have to "agree" to anything at all to use GPL software. You have a legal copy, and copyright law says you can do certain things. Copyright law also says you can't do certain things (such as distribute copies without authorization).

      The GPL DOES NOT TAKE ANY RIGHTS AWAY. It just says if you want to distribute it, here are some terms you can legally do it under. If you don't like it, don't distribute the software. The reason you don't have to read (or agree) to the GPL to use GPL software is because YOU DO NOT NEED A LICENSE TO RUN SOFTWARE. That's right- thanks to Title 17, Chapter 1, Section 117, you can make all the copies you need (including copying into ram - executing, and copying to hd - installing) to run the program.

      It's not the GPL saying you can't distribute the code however you want, it's copyright law. Licences don't affect running the software. Copyright has to do with the "right to copy", not the "right to use".

    69. Re:How is this different? by Anonymous Coward · · Score: 0

      It comes down to whether we have the right to distribute software that we have created (from scratch).

      Don't be so dumb. You are perfectly entitled to distribute your software, and Apple is entitled to change its DRM scheme. That doesn't mean reasonable people should not criticize either Apple or the DRM crackers.

    70. Re:How is this different? by Brian+Blessed · · Score: 1

      It is a big grey area, but how about virus creators? Should they be able to distribute their software?

      Yes, I think that fundamentally they do have a right to distribute their software (which is different from releasing it into a system to attack).

      How about if I released some software that was somehow able to obtain your personal information?

      I don't see how would you publishing the source to that be wrong. In this case only the misuse of the software is wrong.

      you can't expect Apple/RIAA to sit around while people distribute software that circumvents their copyright protections.

      Well, I do. Because, as with your other examples, there is no reason for the free speech of the creator of the software to be overridden.

      - Brian

    71. Re:How is this different? by Brian+Blessed · · Score: 1

      You are perfectly entitled to distribute your software, and Apple is entitled to change its DRM scheme.

      What we are discussing is the idea that you are *not* entitled to distribute your software, because Apple's use of the DMCA makes that illegal.

      Why don't you read a little more before ignorantly saying "Don't be so dumb"?

    72. Re:How is this different? by numark · · Score: 1

      Sometimes just because you have the right to do something doesn't mean you should. If the option was between iTMS and its pretty low-restriction DRM, or some other company with even greater restrictive DRM, I know which one I'd choose.

      Face it, everyone, there's not going to be any record company that's ever going to say, "Oh, I guess the world wants freely-distributable music, let's give it to them." If that's what you're going for, then it's not worth it.

      --
      Want Slashdot headlines on your site? Try SlashHead
    73. Re:How is this different? by Anonymous Coward · · Score: 0

      First of all, you CAN legislate against monopolies.... so how is legislating against a codec/format that adds no technical merit but locks people in that different? Or at least NOT legislating to punish those who reverse engineer it.

      Second of all, I think democracy is healthy, I think having people argue that the form and power of capitalist competition is more efficient than any other form is good. But a capitalist liberal democracy need not tolerate monopolys or anti-competative practice. So I am hardly a communist as you so softly put it, there is a capitalist world outside of America that values a balance between capital and democracy. Furthermore, advocating democracy as being a priority over capitalism is hardly "red". There is much more to the world than America, I think you should open your eyes and get out and see the world, comrade.

    74. Re:How is this different? by numark · · Score: 1

      Actually, technically it hasn't retroactively altered the DRM. All songs bought before the release of iTunes 4.5 still use FairPlay v1, just look in the Info page for any song you bought previous to that point.

      As for FairPlay v2, you had to agree to the new DRM terms when you used the Music Store for the first time after the release of iTunes 4.5. You had the option of not opting into FairPlay v2, you simply had to stop using iTMS. It's not anyone else's fault if you decided to go ahead and continue using the Music Store after the new DRM was released and you agreed to it.

      --
      Want Slashdot headlines on your site? Try SlashHead
    75. Re:How is this different? by Anonymous Coward · · Score: 1, Informative

      YES, unlike you I don't feel it's my god given right to read books.

      Then you disagree with the authors of the Constitution. In the United States, we do have the right to read books. Works are public, but the author of the work has a temporary, limited, monopoly over the distribution of that work. That's how copyright was originally viewed by our founders.

      I do feel I have a god given right to read books, exactly as the framers of the Constitution did. If you have a problem with that, please kindly leave my country.

    76. Re:How is this different? by R.Caley · · Score: 1
      Actually, according to most non-RIAA lawyers it is.

      The EFF say many, not most. I trust them to be accurate with such words.

      The reason I said it was not obviously fair use, is that I knew about those two decisions and they are near misses. The Sony judgement explicitly limits itself to time shifting -- ie that you don't keep the copy. The RIO one was not about copyright law at all, but one of those idiosyncratic American laws which some congressbot's paymasters bought.

      I just think it's a bad idea to throw legal terms like `fair use' around unless you happen to be a judge hearing a case. Until one does no one knows if format convertion for permanent retention is fair use. All we know is that the RIAAAAAAArgh haven't thought it worthwhile to bring a case yet.

      Better to explicitly say `this is clearly perfectly reasonable and ethical behaviour and I don't care what the law says'.

      --
      _O_
      .|<
      The named which can be named is not the true named
    77. Re:How is this different? by MConlon · · Score: 1
      Re.: Netfilter injunction

      I'd forgotten about that; good catch.

      MJC

    78. Re:How is this different? by Alsee · · Score: 1

      Sometimes just because you have the right to do something doesn't mean you should.

      No, but what it DOES mean is that no one else has any right to stop me if I choose to do it.

      Face it, everyone, there's not going to be any record company that's ever going to say, "Oh, I guess the world wants freely-distributable music, let's give it to them."

      FALSE.

      There already exist indy labels that sell MP3s.
      The RIAA majors have simply refused to offer MP3s for sale for several years and somehow convinced you that's the way things have to be.

      The RIAA's refusal to sell a non-crippled product has been purely self destructive. The only thing it really accomplishes is to drive away customers. You can't seriously claim that their DRM attempts have ever kept a single song from existing on P2P.

      Hell, they refused to permit any download sales at all for about five or six years afetr Napster made it blatantly obvious that it was possible and that there was a demand for it. They intentionally created a half-decade vacuum in the download sales market. Well, nature and markets abhor vaccums. The P2P explosion was primarily driven by the existance of that vaccum. The RIAA created their own worst enemy by refusing to permit any download sales at all.

      So, after five or six years of their cartel imposing a total restriant of trade, we are supposed to be grateful when they finally deign to permit a few online sales of crippled products at exorbinant prices and under oppressive terms?

      The RIAA would have gotten MILLIONS of customers had they opened up shop on 1998, had they offered a non-crippled product, had they offered their full catalog rather that restricted listings, had it been $24.95 for 100 downloads.

      The problem is that the RIAA is obsessing over two issues. (1) They are afraid of "cannabalizing" CD album sales. (2) They are afraid that in such a market they become as obsolete as buggy-whip manufacturers.

      While the RIAA is yelling and screaming about single-digit % drops in sales, the number of independant labels is exploding and many of them are seeing double-digit and even triple-digit GROWTH in sales. Internet distribution makes it easy for indy labels to enter the market, or even for bands to do away with labels altogether. THAT is what really has the RIAA terrified. THAT is why they manuvered congress into exterminating internet radio. Internet radio primarily introduces people to new and indy music. Internet radio and small indy labels are highly effective in serving a hundred nitche markets. The RIAA corps CAN'T COMPETE in nitche markets. Their structure and overhead is geared towards selling a million copies of a handfull of songs in a half dozen catagories. They'd lose their shirts selling 50,000 copies of a song in some obscure sub-division of electronica. The fracturing and specilization of markets is a huge threat to the RIAA megacorps.

      Just because the RIAA has thus far refused to do some things does not mean that those things cannot be done or should not be done.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    79. Re:How is this different? by MConlon · · Score: 1
      THE GPL IS A LICENSE, NOT A CONTRACT!

      That's totally peripheral to my point. The entire FS foundation is built on a license which had (until recently... see Netfilter post by lfourrier above) never been tested. And yet we (rightfully) expect people to respect the GPL. Imagine the GPL was invalidated... we would end up with a giant stinkin' mess until a new license could be worked out.

      Likewise, EULAs haven't been thoroughly tested either. But arguing they're invalid just because they've never been worked over is like arguing I can violate the GPL simply because it hasn't been vetted. I'm trying to show how the shoe can end up on the other foot. And apparently failing miserably at it. :)

      MJC

    80. Re:How is this different? by Alsee · · Score: 1

      Setting aside the reasonableness of the contract, (1) it is in fact possible to use PlayFair without violating the contract, and (2) you are perfectly "free" to violate that contract if you are willing to accept the consequences of violating it. As far as I can see the only penalty for violating the contract is that Apple may terminate your service and terminate the contract.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    81. Re:How is this different? by nfg05 · · Score: 1

      I've had a checking account with Bank of America since I was 16, and was issued a Visa debit card when I opened the account. I'm 17 now and if I wanted to, I could go to iTMS right now and purchase music with said debit card.

    82. Re:How is this different? by TheSpoom · · Score: 1

      Please be careful with your use of the word communism. FUD campaigns by major corporations like Microsoft try to make the open source community look like communists (because people [still] associate communism with evil and such). You are completely right, but if someone took excerpts of this post out of context it would look like you wanted the US to become communist.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    83. Re:How is this different? by karmatic · · Score: 1

      I don't have problems with licenses. It's the pseudo-contract EULA crap that I have a problem with, because they are not licenses.

      Licenses can only give you additional rights, they can't take anything back, because that would be a contract.

      So, yes, feel free to remove the GPL from any product you get, or refuse to abide by it's distribution terms. Copyright law says you then cannot distribute it, but you can still make whatever changes you want and use it in whatever way you want.

    84. Re:How is this different? by gfxguy · · Score: 1

      I wasn't comparing the differences, I was comparing the similar methodologies: by using this software you are agreeing to ...

      With GPL it's a similar argument; by making changes and releasing it, you agree to...

      Nobody has signed anything in either case, no one necessarily has agreed to anything.

      Besides, a EULA is a license as well - the End User License Agreement.

      The question is, though, can someone be bound by the contents of a text file included with the software they've purchased/downloaded? At least with a EULA there's usually a click-through that says "I've read and agree to the EULA", no such thing with GPL... the point I'm making is that I think you could make a stronger case for EULA's than you could with GPL.

      --
      Stupid sexy Flanders.
    85. Re:How is this different? by Anonymous Coward · · Score: 0


      They also include a license agreement. If you agree to the license, you are additionally allowed to use a game, that is included on the coaster!


      The problem with your argument is that they have no legal basis on which to restrict the use of the coaster once you have obtained it through a legal sale. This means that you can use this coaster anyway you please, without agreeing to any license. If there is a content on it you can personally use it anyway you please. Copyright law applies to how you may duplicate and distribute it. Copyright law doesn't prevent you from putting it in your console/PC and running it (in fact there are clarifing clauses in the law that make this clear (for example, a program loading from disk to RAM to run is not considered a copy)). That license agreement isn't worth the paper it's printed on.

      Copyright law only governs distribution not use of a work that you obtained legally. Fair use covers those types of copying that fall under "use" and therefore are not copyright infringements even though they involve some form of duplication or backup.

    86. Re:How is this different? by Anonymous Coward · · Score: 0


      That's totally peripheral to my point. The entire FS foundation is built on a license which had (until recently... see Netfilter post by lfourrier above) never been tested. And yet we (rightfully) expect people to respect the GPL. Imagine the GPL was invalidated... we would end up with a giant stinkin' mess until a new license could be worked out.

      No, you idiot. The GPL CANNOT be invalidated like this, because it is not a contract. The GPL (and the MIT/X11/BSD licenses too) basically says this: Copyright law grants me, the author of this work sole distribution rights that I am voluntarily waiving provided you agree to these terms. If you DON'T agree to these terms then you have all rights as granted to you by the law.

      The GPL doesn't take away any rights so there is nothing to invalidate.

      The only way to invalidate the GPL is if copyright law was changed to give ALL the rights of the GPL and more (like that'll ever happen). So in otherwords, you can only invalidate the GPL by invalidating current copyright law itself.

      Now if anybody disagrees with the GPL (effectively invalidating it for themselves) then they simply have to follow copyright law. Like the parent to this post said you would handle this as copyright infringement then, not a GPL issue (there is no such thing as a GPL issue since the GPL can simply be ignored all together).


      Likewise, EULAs haven't been thoroughly tested either. But arguing they're invalid just because they've never been worked over is like arguing I can violate the GPL simply because it hasn't been vetted. I'm trying to show how the shoe can end up on the other foot. And apparently failing miserably at it. :)


      A EULA is typically a contract that is designed to limit your use of a thing (it doesn't have to be just a copyrightable software thing) and there are two parts to this issue.
      #1. Is a traditional EULA a legally binding contract in the first place? Very few industries other than shrink wrapped software rely on agreements that occur after a monetary transaction. Until a court argues otherwise there is no reason to assume that a packaged EULA is even worth the paper its printed on. There is plenty of legal precedent on what constitutes a valid contract. So when I buy a shrink wrapped program I simply ignore the EULA, or glance at it for a little light reading. Now EULAs that are presented on websites before a sale are a different issue. Now the only question is whether clicking counts a signing. At this point it is safe to assume that click-thru agreements are binding provided that the agreement itself is legal.

      #2. Is the "agreement" itself a legal contract. There are limits on what you can agree to in a contract and the law is complex. There is also stuff about equal burden for both parties. EULAs are typically very one-sided. For example, a contract cannot take away your basic freedom of speech. But it is not that simple, because we have to handle things like NDAs. There is precedent to cover this. NDAs are limited in what they can prevent you from disclosing. What about a contract that says you cannot use this software (like FrontPage) to criticize the company that wrote it (Microsoft), is that OK? These kind of contract terms are not simple extensions of black letter law like the GPL is and that is why they have to be tested.

    87. Re:How is this different? by Anonymous Coward · · Score: 0


      ProCD vs Zeidenberg is an example of a case where a EULA was upheld as legally binding, and the opinion gives strong support for the enforcability of EULA's in general.


      Yeah, but there is no reason that this argument cannot be shot down in another court, and hopefully it will.

      The stupid fuckwit judges in that case were probably bought.

      They argued that the contract was valid at the time of the sale because the sale was made with the understanding that there would be an agreement inside the box even though the party could not see the contract.

      Basically these fscker judges are saying that I can enter into a contract without actually seeing the actual terms of the contract.

      There argument for why this was OK?? Because placing the contract on the box in suitable type would have infringed on the right of the manufacturer to put informative marketing material and pretty logos on the fucking box. Give me a fucking break.

      What a load of crap.
      That argument will be shot down, trust me.

      Read the ProCD opinion, and become enlightened about the legal concept of contract of sale.

      I see no mention of the term "contract of sale" there bud. Go jump in the lake.

    88. Re:How is this different? by Anonymous Coward · · Score: 0

      There argument for why this was OK??

      Goddamn it. Of course I meant "Their".

      Sorry.

    89. Re:How is this different? by MConlon · · Score: 1

      No, you idiot. The GPL CANNOT be invalidated like this, because it is not a contract. The GPL (and the MIT/X11/BSD licenses too) basically says this: Copyright law grants me, the author of this work sole distribution rights that I am voluntarily waiving provided you agree to these terms. If you DON'T agree to these terms then you have all rights as granted to you by the law.

      Alright, quit the name-calling and explain to me how, if the GPL was found invalid in court, any GPLed software could be distributed. Copyright reverts to the original owner, and I can't distribute their stuff without permission. "Their stuff" in this case refers to almost everything on my friggin' computer, including the kernel!!!!!

      Ya, I have every right granted to me under copyright law, which is absolutely no right whatsoever. That's the entire point of copyright, and the entire point of copyleft.

      The authors of the software have a right to give me a copy, but SuSE doesn't; they haven't been assigned copyright. What happens to the software SuSE gave me if it turns out the GPL is invalid, and they didn't have a right to distribute it?

      MJC

    90. Re:How is this different? by cpt+kangarooski · · Score: 1

      It comes down to whether we have the right to distribute software that we have created (from scratch).

      Well, your right to distribute software can only fall under free speech, and there are certainly those who claim there are limits to that. You can't freely distribute libelous material -- you'll get sued.

      OTOH, you can copyright works that you can't legally do anything with. Copyrights are not rights TO do things, they are rights to EXCLUDE OTHERS from doing things. So if you write something libelous, you can not only not distribute it, you can prevent others from doing so too. Ditto for software.

      --
      -- 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.
    91. Re:How is this different? by cpt+kangarooski · · Score: 1

      One, EULAs have never shown to be legally binding.

      Oh yes they have. ProCD, Inc. v. Zeidenberg, 86 F.3D 1447 (7th Cir., 1996). Please read it and try again.

      Do you need to agree to the EULA to run it? Of course not:

      That's true, OTOH. There's nothing that says software has to have a EULA. I can give away copies just like books or anything else, and your rights to use it derive from your lawful posession of it (and n.b. 17 USC 117 -- and note that it doesn't cover licensed copies!)

      Minors can't enter into contracts. Can only people 18+ buy games?

      Minors can enter into contracts. It's just that they can also get out of them relatively easily. There's a difference.

      2- They are amending the terms of sale, after the sale has taken place. This is not legal.

      I agree, but see ProCD. There are two different sets of provisions in the UCC that might be applicable. One is used by the ProCD court to support EULAs, the other can be seen in Klocek v. Gateway, Inc. 104 F. Supp. 2d 1332 (D. Kan. 2000).

      It's still not settled which is going to win out in the end.

      3- Contract laws require that you actually receive something in exchange for what you are offering. Now, the theory behind the EULA is that your computer (and through extension, you) makes a copy when you run it, as such, you need a license to copy. However, Copyright law specifically allows fair use [cornell.edu], which allows you to do more than the EULA anyway, and copyright law lets you make copies anyway. As such, you are literally getting nothing in return.

      You are confusing fair use with 117 (which applies even where fair use would not, provided it applies at all) but the argument is that the quid pro quo is part of the sale to begin with.

      4- Click-through agreements have never been shown to count as a legal agreement

      Yes they have, countless times. And there have been laws to ensure it, such as UETA and the ESIGN Act.

      The reality is, the companies who use EULAs are abusing the system, and trying to treat a license like a contract. It is not. A license doesn't have any of the above issues (the GPL is, for example, a license).

      They are basically the same thing, Groklaw be damned. While I agree we ought to stamp out EULAs, I see this as being only a smaller aspect of stamping out after-the-fact agreements between nonmerchants, and stamping out adhesive contracts generally. For agreements in the vein of the GPL et al, I'd be prepared to give a special pass, as they're actually useful. But they are still members of a pretty bad family of contracts.

      --
      -- 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.
    92. Re:How is this different? by cpt+kangarooski · · Score: 1

      Sure it is - you are allowed to time shift broadcasts, you are allowed to tape your vinyl or CD... AFAIR this was explicitly stated in consumer home recording acts.

      You aren't necessarily allowed to time shift. As with all fair uses, it may or may not apply depending on the circumstances involved.

      And whenever Congress specifically allows something, like the AHRA, which doesn't apply to the matter at hand anyway, it doesn't matter if it's fair or not, it's a special-case exemption anyway. In such an instance, courts won't even try to see if it would also be fair, because it wouldn't matter either way.

      --
      -- 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.
    93. Re:How is this different? by CelloJake · · Score: 1

      Copyright law allows for licensing of copyrights. In most circumstances this is done in exchange for money. So usually the restriction on distribution consists of a monetary compensation.

      Example: "You have the right to print up to X copies of my book and I get $Y for each one you sell. Books must be printed between Date A and Date B and sold before Date C within some region and I agree not to distribute in that region during that time or authorize others to do so either."

      GPL: "You may copy and distribute the program as much as you like for as long as you like privided you include the source code to it and any modifications you made and grant this same license on all who receive the software.

      Other licenses also generally include some level of exclusivity, but the GPL does not. It retains the right to grant the same terms or different terms to other parties at any time.

      The GPL does not go any further beyond the copyrighters intentions than any other distribution license does from a legal standpoint. Copyright is just the means by which the creator can choose the GPL by exercising his exclusive right to choose the means by which his creation is distributed.

      However a license is a contract, and if the contract is deemed to be invalid by a court ( which SCO has attempted to bring about ) then all contracts based on it would likely be null and void by precedent. However you are right. In the case that it happened, exclusive rights to distribute should still be retained by the Author, and any distribution at all, without another license, would be illegal from what I could understand.

    94. Re:How is this different? by illumin8 · · Score: 1

      Face it, everyone, there's not going to be any record company that's ever going to say, "Oh, I guess the world wants freely-distributable music, let's give it to them." If that's what you're going for, then it's not worth it.

      I hate to break it to you, but red-book audio CDs are already freely-distributable and have no DRM.

      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
  8. shame ... by eatmadust · · Score: 5, Insightful

    I would much prefer WMA and WMV to be hacked! I find that much worse than Apples iTunes!

    1. Re:shame ... by Anonymous Coward · · Score: 0

      They have. It works the same way - you still need the key to remove the DRM. Search google for specific tools.

    2. Re:shame ... by Anonymous Coward · · Score: 0

      I've searched Google for a while looking for a way to decrypt WMV files, with no such luck. Can you give me some pointers?

    3. Re:shame ... by Almond+Tree · · Score: 0

      And WMD's!

      --

      bau bau chicka chicka mau mau

    4. Re:shame ... by tbone1 · · Score: 1
      I would much prefer WMA and WMV to be hacked!

      Why? That would be like back-engineering a horse-drawn cart.

      --

      The Independent: Reverend Spooner Arrested in Friar Tuck Incident - ISIHAC, Historical Headlines
  9. GPL by millahtime · · Score: 4, Interesting

    Can playfair be protected under the GNU GPL and be illegal in the US (under the DMCA) at the same time?

    1. Re:GPL by Anonymous Coward · · Score: 0

      Why wouldn't it be valid elsewhere? That would make it basically useless don't you think?

    2. Re:GPL by lofoforabr · · Score: 1

      I guess so. The GPL is a license. Licenses should be valid anywhere. It just states what you can do with the piece of software you just got, regardless of the place you are.
      A law is bound to a place, the US in the case. Therefore, it has no value (thanks heavens!) outside of the US.
      Of course, IANAL... just what I think.

    3. Re:GPL by the+chao+goes+mu · · Score: 1

      Of course it can. The process to synthesize LSD is protected under US copyright, but completing that process at home is still illegal. Patents/copyrights have nothing to do with the legallity of something.

      --
      Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
    4. Re:GPL by andrew_j_w · · Score: 1

      Having the knowledge of how to build a nuclear bomb isn't illegal, but building one is. Same sort of thing here...

      The GPL just means people can't hide the knowledge from you, but just because the source code is freely available does nothing to say that using that code is/isn't illegal.

    5. Re:GPL by newhoggy · · Score: 1
      Can playfair be protected under the GNU GPL and be illegal in the US (under the DMCA) at the same time?

      The GNU GPL doesn't protect software, copyright does. Maybe we should ask: Can playfair be protected under copyright and be illegal in the US (under the DMCA) at the same time?

  10. FiarPlay name change? by Power+Everywhere · · Score: 5, Interesting

    I've read on several other Mac news sites (Macintouch, MacMinute, MacSlash) that FiarPLay is now called hymn (for hear your music anywhere). Why didn't Slashdot note this, or has there been a fork in the project?

    1. Re:FiarPlay name change? by Anonymous Coward · · Score: 0

      wouldn't that be hyman? (spelled wrong. but pronounced juuuust right.)

    2. Re:FiarPlay name change? by stanmann · · Score: 1

      Actually I think it is Hymne Hear Your Music NEwhere.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    3. Re:FiarPlay name change? by Anonymous Coward · · Score: 0
      Why didn't parent follow the link(s)?
      We are back online, with a new release and a new name! It's been a long, hard battle, but we are back online. Anand Babu has taken official ownership of the project. FSF India is providing legal support.
    4. Re:FiarPlay name change? by Power+Everywhere · · Score: 1

      It was a rhetorical question. I already knew they had changed the name; obviously, CmdrTaco had not bothered to check.

    5. Re:FiarPlay name change? by Anonymous Coward · · Score: 0

      What about German version - PlayUn(d)Fair?

  11. Though there's less and less point... by Kjella · · Score: 2, Insightful

    ...somewhere out there, someone will always have a pre-FairPlay vX copy. So for each time they fix it, they at best secure what is released between last time and now. Today that might not matter.

    But if it comes down to "Sure, the last 30 years of music is bust, but we have protected the last 3 months worth" the DRM is essentially useless...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  12. Just a guess... by Otto · · Score: 1

    I'm guessing that the decryption keys for the songs themselves didn't change. What they most likely changed with iTunes 4.5 was the method used to encrypt the iTunes keyring.

    This is just a guess, however, I have no real info on the subject.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  13. How will they respond? by xwinter · · Score: 4, Insightful

    This is probably the excuse the music industry is waiting for to force Apple to raise their rates in the future. It is the old "Gotta make up for revenue lost to piracy" excuse. You have to admit, that while this does provide an avenue for fair use, a large percentage of its use is going to be for piracy.

    1. Re:How will they respond? by swb · · Score: 2, Insightful

      Personally I think iTunes was about as reasonable an online music setup as we're ever likely to see, barring some significant change in the business tactics of the music industry.

      Doing something to make Apple's apparent respect for the industry's "IP rights" look less than sincere appears to be kind of foolish, and a great way to damage what is a pretty reasonable setup. Price increases or a desire by the industry to embrace a more draconian DRM structure that doesn't allow for an easy copying loophole like iTunes' just seems short sighted.

    2. Re:How will they respond? by Anonymous Coward · · Score: 0

      Not so!

      Why would anyone use this for piracy? Whats the point - you'd just connect to Kazaa and download the music you want!

      Or if you want to distribute, you buy one copy of the CD, rip it and then copy the unprotected music. The only people hurt by DRM are *honest* users who actually pay for the music (the same honest people hit by 'you must have the CD in the driver' games!)

    3. Re:How will they respond? by Angostura · · Score: 1

      Exactly.

    4. Re:How will they respond? by Anonymous Coward · · Score: 0

      Doing something to make Apple's apparent respect for the industry's "IP rights" look less than sincere appears to be kind of foolish

      First of all, Steve Jobs went on CNN that DRM was largely BS and any system could be and would be cracked. How do you get more sincere than that?

      Second, the whole "What's Good For Apple is Good For America" that you Macinistas state as a fact is hardly a common opinion, even among Mac users.

    5. Re:How will they respond? by swb · · Score: 1

      First of all, Steve Jobs went on CNN that DRM was largely BS and any system could be and would be cracked. How do you get more sincere than that?

      Says versus does. Apple has implemented, and defended its DRM system through at least one iteration of attack. Steve may personally believe that DRM is BS and will be cracked, but from a business perspective he isn't doing that. He's defending the DRM system. Hey may go on CNN and say he thinks DRM is lame and that information wants to be free, but he does to work and makes sure that DRM gets done.

      Second, the whole "What's Good For Apple is Good For America" that you Macinistas state as a fact is hardly a common opinion, even among Mac users.

      The goal as I see it for the future of music is an online system that is based around extremely limited DRM systems. Apple's system isn't perfect, but it's a damn sight better than one based on other highly proprietary formats, including WMA which is tied to a company who'd like to do away with other choices for OS as well. Mess with Apple's model at this point enough and we WILL see less of Apple's rather benevolent DRM and more hardware-dependent DRM, a lot higher costs, and much less choice.

      Sure, the "enemy" is always any DRM or rights restricting system; however, you're dreaming if you think that there will ever be a DRM-less music format.

    6. Re:How will they respond? by Anonymous Coward · · Score: 0

      No, the point is that Apple never promised the RIAA a perfect system. So, while they'll go through the legal motions, there's nothing about this that would hurt their relationship with the RIAA. (Also, keep in mind, they are the #1 outlet by far -- the RIAA is not just going to cut them off).

      I completely agree that DRM is necessary for online digital media, but you have to realize that most hackers don't give a shit about Apple, nor the RIAA, nor engage in Anti-Microsoft strategizing. And why should they? Even as a Mac user and a big fan, I think Apple sucks as a vendor in a lot of ways. Apple made Online Music their problem, let them deal with the consequences.

      Realize that any popular DRM system will be hacked regardless of industry bullshit. Period. And can it with the "benevolent DRM" kaka -- the only thing unique technically about Apple's DRM is that it has been cracked.

    7. Re:How will they respond? by fermion · · Score: 1
      honestly the labels are dorks. Most of the money they have recieved from me has been through iTunes. Most of my other music purchases have been used CDs, which only indirectly benifits them, and, with the ease of ripping CDs, may in fact be indirectly supporting copyright violation anyway.

      I would be more than happy to pay a $1 for a track if it were not damaged. As it is, I am ok with occasionally paying $1 for the iTunes damaged track. The encryption to me is stupid. It keeps me from buying more tracks. It also keeps me from buying a iPod.

      The labels just need to let the music be sold. Everyone would make a lot of money.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    8. Re:How will they respond? by swb · · Score: 1

      I guess I worry that online music sales are new enough that even Apple's head start and #1 status aren't a given; cut them off and somebody like WalMart or some other player will step in.

      I'd just hate to say Apple's rather benign system get submarined over something stupid like Playfair, and end up leaving us with WMA or worse.

      On the other hand, if it was WMA that was widely being cracked, to the chagrin of someone as evil as Walmart, I'd be "Go Hackers! Fuck the RIAA and Wal-Mart", since I care for none of them.

      I don't feel that much better about Apple as a *corporation*, but I do feel as if they're currently the snake that's been charmed.

    9. Re:How will they respond? by Anonymous Coward · · Score: 0

      The know-how to crack WMA is out there, people are just sitting on it until everyone commits to a format and it gets popular. Same story as iTunes.

    10. Re:How will they respond? by bygimis · · Score: 1

      I don't see how it stops you buying a iPod - you do realise that an iPod will play *non* encrypted MP3 and AAC files? I'd guess that 99% of music on iPods is *not* from the iTunes store!

  14. Apple's rock and hard place by Dark+Paladin · · Score: 4, Insightful

    Will I use the new Hymn/Playfair program? Oh, probably - my .Mac account runs out and I'm not going to renew, and it's how I bought my iTunes songs in the past.

    So, now I'm kind of boned (maybe - probably not, but maybe) in the future. Yes, I can "rip to audio-CD-and-then-to-MP3", but Hymn will make it all a "one stop shopping trip" for my fairly large iTunes store collection (hey, they had a special on classical music and BB King - give me a break).

    Apple really doesn't have much to worry about, since people have to buy the music first before they can remove the Fairplay protections. And even if a bunch of butt-munches start "sharing" their music with others, that means more AAC files out there, which means a better chance we'll see more MP3 players that include AAC support in the future.

    So while Apple doesn't have to worry about Fairplay, the fact is that the folks they get their music from - IE, the RIAA and even independant musicians - might like to hear that Apple's not letting just anybody give away their music without paying for it. Apple might not care, but since the place where they get music does, Apple's obligated to at least "fight the good fight" to show "due process" or some such.

    Yeah, I'll use it, I know Apple will work to shut it down, but it should all be good in the long run.

    1. Re:Apple's rock and hard place by dejamatt · · Score: 1
      And even if a bunch of butt-munches start "sharing" their music with others, that means more AAC files out there, which means a better chance we'll see more MP3 players that include AAC support in the future.
      Isn't this not what Apple wants though? According to The Register, Apple loses money on iTMS, but makes it back selling Ipods. So, if there are all sorts of competing AAC players, this would hurt Apple's iPod margins... and be bad for business.
    2. Re:Apple's rock and hard place by Anonymous Coward · · Score: 0

      I don't think Apple wants third party mp3 players with AAC support to exist...

    3. Re:Apple's rock and hard place by clichekiller · · Score: 4, Informative

      Will I use the new Hymn/Playfair program? Oh, probably - my .Mac account runs out and I'm not going to renew, and it's how I bought my iTunes songs in the past.

      AFAIK you don't have to have a .MAC account in order to purchase from their music store. Is there some other reason that you will stop buying/playing your music when your .MAC account runs out?

      --
      Sir, there is a dragon outside with an armful of armor. He's inquiring if we offer free refills.
    4. Re:Apple's rock and hard place by tdemark · · Score: 2, Informative

      Will I use the new Hymn/Playfair program? Oh, probably - my .Mac account runs out and I'm not going to renew, and it's how I bought my iTunes songs in the past.
      .Mac has absolutely nothing to do with iTMS.

      If you somehow got the idea that your music is permanently tied to the email address you used when you bought the song, you might want to click on the "Account" button above the content when browsing the store. Note the "Edit Account Info" link that allows you to update your email address.

      - Tony

    5. Re:Apple's rock and hard place by sjdownes · · Score: 1
      Will I use the new Hymn/Playfair program? Oh, probably - my .Mac account runs out and I'm not going to renew, and it's how I bought my iTunes songs in the past. So, now I'm kind of boned . . .
      Subscribing to .Mac has nothing to do with keeping your songs. Your machine (and 4 others) can be authorized to play songs linked to your AppleID. You don't have to have any .Mac account at all. Never did. You aren't subscribing to your music -- you bought it.
    6. Re:Apple's rock and hard place by WaKall · · Score: 1

      Since when does iTunes/iTMS need a .mac account? I've been using iTMS since day one and I don't have a .mac account.

      It requires an AppleID, but that's nothing more than an email address and a credit card # - which is stuff you would need to buy songs on iTMS anyways.

    7. Re:Apple's rock and hard place by Paulrothrock · · Score: 1

      You are correct sir! I do not have a .Mac account and have gotten several songs off of iTMS during the Pepsi thing.

      --
      I'm in the hole of the broadband donut.
    8. Re:Apple's rock and hard place by TheRoss · · Score: 1

      Your .mac name and password will continue to work in iTunes music store (and any apple.com services that uses an "Apple ID")

    9. Re:Apple's rock and hard place by Dark+Paladin · · Score: 1

      Just that my .Mac email account won't work, so I can't change my password, get new reciepts, and so on.

      The iTunes store account is typically your email address if you have a .Mac account, so that might be a problem. Then again, I haven't tried switching that to a different email address yet - I'll try that first. (Duh me.)

    10. Re:Apple's rock and hard place by nine-times · · Score: 1

      I think you can keep using your .mac e-mail address as your "Mac ID" and keep listening to your music and buying songs. Even if your account expires. At least I'm pretty sure...

    11. Re:Apple's rock and hard place by 93+Escort+Wagon · · Score: 1

      I'd changed my e-mail address since I initially signed up for iTunes, and didn't run into any problems. My "old address" songs are still available.

      --
      #DeleteChrome
    12. Re:Apple's rock and hard place by Have+Blue · · Score: 1

      Correct, there are no restrictions on what email you can use and no limit on playing back songs without a .Mac or ITMS account. The only thing you'd need the store account for in the future is authorizing a new computer to play purchased songs.

    13. Re:Apple's rock and hard place by dirk · · Score: 1

      Forget the the legal technicalities, let's talk common sense. When people sign up for iTunes, they agree to the restrictions on what they are buying. It's not like the restrictions or horribly onerous, or are constantly changing. So why should I feel sorry for people who pay money for these files, knowing the restrictions, and then complain about the restrictions. If you pay money for something that you know has restrictions, you can't later bitch about the same restrictions, since you alreayd agreed they were fine. If you don't like the restrictions, don't buy the songs to begin with.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
  15. Yay! by Anonymous Coward · · Score: 0, Flamebait

    It's a great day! We found a new way to screw over the one company who actually found a way to provide what everyone said they wanted: convenient, electronic distribution of music at a fair price.

    But wait, that's not really what they wanted. What they really want is stores with no cash registers and libraries of thousands of pieces of music representing the creative efforts of generations of people while valuing those libraries at zero.

    Oh, and they also want to complain about greed.

    1. Re:Yay! by Diabolus777 · · Score: 1

      "...found a way to provide what everyone said they wanted: convenient, electronic distribution..."

      It's NOT convenient. It's crippled.

      "What they really want is stores with no cash registers. "

      No one said they didn't want to pay. What they REALLY want is UNCRIPPLED files.

      If this is insightful, make me a troll.

      --
      We should have been
      So much more by now
      Too dead inside
      To even know the guilt
  16. with fair play v3? by joNDoty · · Score: 3, Insightful

    I don't think so. Apple did counter the reverse-engineering with a second version, but at this point I think they realize that it is not cost effective to spend money on a problem that cannot be fixed. It takes Apple too much time and money to develop a new system. They will have to choose to 1. ignore it 2. change their philosophy

  17. Hire the guy! by Hack'n'Slash · · Score: 4, Interesting

    Personally, I think Apple should hire the person(s) that keeps reverse engineering it. Then they get a knowledgeable staff member, and don't have to worry about a new version being cracked... At least for a little while. :)

    1. Re:Hire the guy! by Hack'n'Slash · · Score: 1

      Damnit, this comment wasn't up when I started typing my comment. Oh well, mod me redundant. :)

  18. This is a great day! by Anonymous Coward · · Score: 0, Flamebait

    FSF India providing legal support

    Hurrah! Finally the benefits of outsourcing are showing up.

    We've outsourced our lawyers!

  19. More info by arvindn · · Score: 3, Informative
    1. Re:more info by EvilGrin666 · · Score: 1

      new web host (in the US, surprisingly, and ballsy too: Babu (creator) says "This [host] is well aware of the DMCA and DRM issues and is very much willing to defend us in case Apple threatens to bring down the site")

      If the whois is to be trusted, this new host appears to be UnitedLayer Inc. Does anyone know anything about this host? Is one of their techies reading? Exactly how willing is United Layer to defend FOSS from crap laws? Can they stand up to the might of Apple?

  20. ...they'll respond by by pinqkandi · · Score: 1, Funny

    ...Apple will respond by being glad that the site has been "Slashdotted" for Slashdot and the many other news sites linking to it.

    1. Re:...they'll respond by by Anonymous Coward · · Score: 0

      "Funny"? I suggest you reserve a few pennies to research original jokes instead of this cruft...

  21. Silly. by GigsVT · · Score: 3, Insightful

    DRM, copy protection.. it's all the same stuff, and it's never worked. I don't know what makes people think it can work now, when it has failed for the last 25 years.

    The only successful DRM has been to have a completely proprietary platform like Apple or SGI. You also get the side bonus of locking your customers into only buying your proprietary hardware upgrades.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
    1. Re:Silly. by jimicus · · Score: 1

      But that's all right! It means that it's much easier for you to create a superior product, thus guaranteeing you a significant chunk of the market!

      Oh, wait...

    2. Re:Silly. by Anonymous Coward · · Score: 2, Insightful

      DRM and copy protection are as effective as the 'war' on drugs. its about time we get lawmakers into office that see this.

    3. Re:Silly. by goldspider · · Score: 2, Insightful
      Locking doors hasn't been all that effective at keeping people from breaking into houses either. Does that mean we should just stop locking our doors?

      DRM, copy protection, etc., while never 100% effective, provides a minimal level of protection against people without the inclination to seek out ways to circumvent it. It does a poor job at keeping out people dead-set on getting what they want without paying for it, it makes it more worthwhile for most people to just pay for it.

      Without DRM or copy protection, even casual users would be able to get their digital products without paying for it, and with next to no effort. Any profit to be made from the product would be flushed down the toilet.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    4. Re:Silly. by GigsVT · · Score: 2, Insightful

      If your key was liable to disintegrate at any time and the only ones that could replace it legally was the company you bought the house from, then your analogy might be more valid.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    5. Re:Silly. by Glamdrlng · · Score: 1
      Locking doors hasn't been all that effective at keeping people from breaking into houses either. Does that mean we should just stop locking our doors?
      One major difference: there's not an overwhelming majority of people who feel that breaking and entering should be legal. Unless I'm severely out of touch, most consumers are of the opinion that we should be able to do whatever the hell we want with something once we've bought it.

      The things you can do with CD's and tapes are a good comparison. If I have a CD that I like, I can listen to it in my stereo at home, and I can even carry it around with me and listen to it on my walkman/discman. If I want, I Can let you borrow it, and you can listen to it on your stereo. You can even tote it around and listen to it on your walkman. Onceyou're done you can return it to me, and as I walk away I can plunk it back into my walkman.

      Now take the above scenario and replace the CD with a DRM protected .wma file, and that gets to be a horrible pain in the arse. While it's true that with the .wma file you don't have to give it back, what the RIAA doesn't understand is that if it wasn't for me you wouldn't have listened to the damn song in the first place.
      --

      Yes, my only tool is a hammer. And you're starting to look like a nail.
    6. Re:Silly. by goldspider · · Score: 1
      "Unless I'm severely out of touch, most consumers are of the opinion that we should be able to do whatever the hell we want with something once we've bought it."

      I am of that opinion as well.

      However there are a lot of consumers who (for whatever reason) feel they should be above the law, are entitled to things that others have to pay for, and see nothing wrong with downloading music they haven't paid for.

      But nobody here wants to (correctly) blame them for the RIAA's ever-increasing restrictions on fair use. I think they are being careless in how they are defending their copyrights, but then the real wrongdoers aren't giving them much of a choice.

      --
      "Ask not what your country can do for you." --John F. Kennedy
  22. big difference by green+pizza · · Score: 5, Informative

    I do not want to get flamed, but honestly, when I read this stuff I wonder how everyone can get so pissed off when someone breaks the GPL yet be so supportive of someone doing this kind of work?

    For all of the lofty talk in the community, is it at it's root support for whatever it takes to get "what I want, free"?


    There's a big difference here...

    PlayFair decrypts .m4p files into plain .m4a/AAC files. The reason people use PlayFair is to allow the use of iTunes-purchased files to be played back without having to use an iPod or iTunes. Sure this could lead to increased piracy, but so does buying a CD at Walmart.

    PlayFair still requires the music to be purchased in the first place. Apple's files (at the RIAA and record labels' demands) are still encrypted, even after "purchase".

    PlayFair users are generally working with their own, purchased files. They are not dipping into some secret Apple server full of encrypted, unsold songs.

    iTunes buyers simply want more freedom. They're using PlayFair to achieve this.

    1. Re:big difference by Kplusplus · · Score: 1

      Yes, since after all this was the *ONLY* way to do it, not like VLC couldn't play them without stripping htem off their DRM, not like the OSS community can't hack device firmware to add new features like, reading a particular format perhaps, after all it's not like this same community doesn't have every device to run linux.

      Despite who is using it, it is still wrong because it strips teh security mechanism whereas VLC and brethren merely were capable of *playing* the product without breaking the law by stripping it of its DRM.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    2. Re:big difference by Lord+Kano · · Score: 1

      iTunes works with Apple. If you wanted to play tunes on Linux you'd use a different online music store. If you want to play with Apple you have to play by Apple's rules.

      Or host your project in a country with different rules.

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    3. Re:big difference by ibullard · · Score: 1

      iTunes buyers simply want more freedom. They're using PlayFair to achieve this.

      I want more freedom, too. I think I'll take the Linux kernel, modify it, then release just the binary version and keep the source code to myself. Giving everyone the source code is just too much work and bother and it intrudes on my freedom to do what I want.

      Want more freedom? Buy the friggin CD instead of entering a known contract then breaking it. The only reason this is different is because it suites your desires.

    4. Re:big difference by Anonymous Coward · · Score: 0

      Then repeal copyright law.

      PS contract is not a contract, since it is or can be changed after the sale (see also first sale doctrine and the ads "buy busic online", not "license music online").

    5. Re:big difference by tepples · · Score: 1

      If you live in a country with bad rules, and you want to host your project in a country with good rules, you also have to move. Moving internationally can run into six figures USD.

  23. Encrypted music the next big thing? by Ghoser777 · · Score: 3, Interesting

    We have DRM'd music, what about Public-Private Key Encrypt'd music? Won't it ultimately come down to that, where the key's are owned by a company and you have to be connected online to listen to your music? It must be depressing to sell any type of software online... wait till nanotech does the same thing to the "real world" that dd and cp have done to the electronic world. My guess is either capitalism will fall, or liberty... at that point where you can replicate matter with ease, I doubt they can coexist.

    Matt Fahrenbacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
    1. Re:Encrypted music the next big thing? by the+chao+goes+mu · · Score: 1

      Why would you use public/private keys for this? You would only need key pairs if one party encrypted and the other decrypted. That would mean either the user encrypted the music himself, or he could decrypt it and get plain, unencrypted files.
      What you need for your scenario is symmetric encryption.

      --
      Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
    2. Re:Encrypted music the next big thing? by yabos · · Score: 1

      They could embed the private key into the application, so it would be very hard to actually find it.

    3. Re:Encrypted music the next big thing? by OrenWolf · · Score: 1
      Here's a great book on exactly one could expect in such a world.

      It's not all doom and gloom.

    4. Re:Encrypted music the next big thing? by Chester+K · · Score: 1

      We have DRM'd music, what about Public-Private Key Encrypt'd music? Won't it ultimately come down to that, where the key's are owned by a company and you have to be connected online to listen to your music?

      Won't matter. Either the key has to be sent to you for you to decrypt your music, which means it's being stored in memory during the decryption, which means it can be snagged out of memory; or the decryption is done on their servers and the decrypted music is streamed to you, which means you're getting a decrypted stream you can just rip and save.

      --

      NO CARRIER
    5. Re:Encrypted music the next big thing? by filmsmith · · Score: 1

      From what I recall, the GOTCHA! is that the key is duplicated to the iPod so it can play protected files. If I'm correct, it is from there that they encryption key is lifted and used by Hymn.

      fs

    6. Re:Encrypted music the next big thing? by Have+Blue · · Score: 1

      I believe it's just a question of efficiency. An encrypted song would take a great deal of CPU to simultaneously decrypt, decompress, and play back. A DRMed song is largely identical to a non-DRMed copy, except for a small amount of encrypted critical data that prevents the player from just ignoring the DRM test.

      Any store that requires that limit would not be able to load its music onto portable players and would have no chance in the market Apple currently dominates, and not having to authenticate for each play (i.e. not subscription or rental model) was a major feature Apple used to push the store initially and I doubt it will change.

    7. Re:Encrypted music the next big thing? by 42forty-two42 · · Score: 1

      Modern computers have more than enough CPU power than is needed to decode and decompress audio data in real time, and a portable player can use a hardware 3DES chip or something.

  24. Playfair is good for iTunes by Anonymous Coward · · Score: 0

    Frankly this is the only way I would even consider buying iTunes songs. I have no intention of sharing music illegally (I stopped using P2P networks a long time ago for reasons having nothing to do with RIAA), but the song files only do me any good if I can listen to them on non-Ipod portable players.

    (Btw, I am not trying to be logged as an AC, I just can't seem to get my password to work this morning. Yes, I am that technically inept before I get my caffeine.)

    -- dannotdan

  25. Not similar at all... by Otto · · Score: 4, Interesting

    Someone violating the GPL is using other people's work without giving them credit or compensation. It's copyright infringement.

    Someone decrypting FairPlay'd songs has a whole host of reasons to do so, including using those songs in a fair use manner. You have to *buy* the songs before you can decrypt them.

    Example: Say you want to convert the M4P's into MP3's for compatibility with your portable player. iTunes won't let you do that, without the tired hack of burning and reripping an audio CD. But if you FairPlay, you can decrypt the songs into M4A's and then iTunes will convert them to MP3's for you just fine. No (sane) laws have been broken, and it's perfectly ethical to do this. You're not giving away the music, you're just converting it to another format for compatibility with other devices. That's fair use, as I see it.

    And frankly, getting iTunes store music, decrypting it, and sharing it isn't going to happen. Nearly everything you can get at the iTunes Music Store is *already* out there on the P2P networks. It's not like this creates more copyright infringement.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:Not similar at all... by miller701 · · Score: 0, Flamebait
      Example: Say you want to convert the M4P's into MP3's for compatibility with your portable player. iTunes won't let you do that, without the tired hack of burning and reripping an audio CD.

      So it's too inconvenient to burn & rip, even if it's legal and within the usage rules. You would rather install some code that you have no idea what's it's doing (who really looks at or can understand the source).

      Who's to say they won't install some ad-ware in the next version. You'd say "the word will get out about it" well, look at how many Wintel users keep installing Gator/Claria/whatever they call themselves today.

      Apple made the usage rights very generous, and as it's been said before in this thread, the more people abuse it, the more likely the RIAA will pull the plug.

    2. Re:Not similar at all... by ryanw · · Score: 1

      The interesting thing is hymn (playfair) now keeps all the Apple Meta data in the file including your apple userid that you used to purchase the file with. This should be helpfull to keep people from posting their music on usenet/p2p networks.

    3. Re:Not similar at all... by Entropy2016 · · Score: 1

      "And frankly, getting iTunes store music, decrypting it, and sharing it isn't going to happen. Nearly everything you can get at the iTunes Music Store is *already* out there on the P2P networks. It's not like this creates more copyright infringement."
      You're missing something. AAC encodings have more quality for size. It is making copyright infringement more efficient.

      "... and it's perfectly ethical to do this."
      That's an opinion, not a fact. I personally think that using software that may lead the RIAA to kill iTunes is unethical because it screws me.

      And with respect to all those arguments claiming that you're just converting formats for personal use, it's nieve. The RIAA doesn't care about what you say anymore than you care about what they say. The power to work around a DRM is a power which we can abuse, and they have no reason to trust us not to abuse it.

      You probably don't trust the RIAA, right? Guess what, they shouldn't trust you either. No contract is available to keep you or I from abusing PlayFair, but there is a contract that keeps the RIAA from abusing the FairPlay-DRM. We're already at an advantage, so where do you want to draw the line?

      Structured society is all about trading certain rights for benefits, for example, in most countries you sacrifice the right to kill in exchange for laws, military defense, social security, etc. It's called being an adult.

    4. Re:Not similar at all... by Anonymous Coward · · Score: 0

      "So it's too inconvenient to burn & rip"

      Yes, and not to mention the significant loss of sonic quality in the process. You end up with the equivalent of FM radio. Great.

      "who really looks at or can understand the source"

      If you feel uncomfortable or are not competent to judge source code don't do it. Nobody is forcing you.

      "Apple made the usage rights very generous,"

      No, they didn't. Quite the opposite. But some of us aren't willing to trade all our Fair Use rights for overpriced, underperforming music.

    5. Re:Not similar at all... by Anonymous Coward · · Score: 0

      Dude...

      I can't believe you used your /. id for such a stupid post..

    6. Re:Not similar at all... by Otto · · Score: 1

      So it's too inconvenient to burn & rip, even if it's legal and within the usage rules.

      What if I don't have a burner?

      Besides that, decrypting the music I paid for in order to achieve compatibility is perfectly legal. The usage rules can go hang, as far as I'm concerned.

      You would rather install some code that you have no idea what's it's doing (who really looks at or can understand the source).

      I looked at the source, and I can understand it perfectly well. I don't know about your abilities.

      In any case, it's beside the point. It is open source and that definitely mean that someone, somewhere is looking at it.

      Apple made the usage rights very generous, and as it's been said before in this thread, the more people abuse it, the more likely the RIAA will pull the plug.

      How generous the usage rights are is irrelevant. And whether the RIAA pulls the plug (which they likely can't do, contractually) is also irrelevant. If I can't buy music easily, then I'll just go back to committing copyright infringement. Tough shit to them, in that case.

      You act as if they have a real choice in the matter... they don't. They have to sell their product to somebody. If they don't choose to sell it in a way where people will buy it, then people won't buy it. Simple free market economics at work. The pricing was wrong, so people found alternative methods.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    7. Re:Not similar at all... by Otto · · Score: 3, Interesting

      And with respect to all those arguments claiming that you're just converting formats for personal use, it's nieve. The RIAA doesn't care about what you say anymore than you care about what they say. The power to work around a DRM is a power which we can abuse, and they have no reason to trust us not to abuse it.

      a) The word is spelled "naive".
      b) Naive it may be, but it's true nevertheless. What's the point of putting decrypted songs on the P2P networks? They're all already there, and in better quality than 128kbps AAC too.
      c) The power to work around a DRM system is not a power that they have the ability to take away, so whether they trust people with it or not is irrelevant.

      where do you want to draw the line?

      I'm perfectly satisfied with the line as it stands. They can keep trying to protect things with DRM, we can keep breaking them. Until they finally understand that it is not possible to create an unbreakable DRM scheme, it'll likely stay this way.

      Structured society is all about trading certain rights for benefits

      Yes, and that's why we have laws in place to define those rights. Fair use is something we, the people, do have, and I will not trade it away for anything.

      This isn't about encryption or breaking DRM or even copying music. This is about taking the music I paid for and using it in the way that I want to use it. Are you seriously suggesting that I no longer have the right to listen to music I purchased on a portable player? Because that will be the main use of this software. Whether you believe that or not is irrelevant, because it's still true.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    8. Re:Not similar at all... by ratsnapple+tea · · Score: 2, Insightful

      "Are you seriously suggesting that I no longer have the right to listen to music I purchased on a portable player?"

      Of course you do, as long as that player is an iPod--just like it outlines in the iTunes Music Store contract you agreed to. What... you wanted to use your non-iPod player? Then why did you AGREE to the contract?

      If you want to buy music and listen to it on your non-iPod player, no one's stopping you--there's plenty of stores where you can buy CDs to rip. The iTMS is a service, not a God-given right, and if you don't agree to the terms of the contract, nobody's forcing you to use it.

    9. Re:Not similar at all... by Anonymous Coward · · Score: 0

      There is no "right to kill" you should read John Locke or Thomas Hobbes.

      Social Contract theory essentially states that in a state of nature we are all equal and are able to do whatever we want. We agree to enter into a social contract with each other and create government in order to prevent others from hurting us.

      Rights are given by government, no rights are guaranteed to anyone.

      The constitution gives you your rights and the right to kill is not listed there.

    10. Re:Not similar at all... by Bullet-Dodger · · Score: 1
      Of course you do, as long as that player is an iPod--just like it outlines in the iTunes Music Store contract you agreed to. What... you wanted to use your non-iPod player? Then why did you AGREE to the contract?

      Because I knew I could break the encryption and use it in my non-iPod player.

      If you want to buy music and listen to it on my non-iPod player, no one's stopping you--there's plenty of stores where you can buy CDs to rip. The iTMS is a service, not a God-given right, and if you don't agree to the terms of the contract, nobody's forcing you to use it.

      Guess what, if I want to buy music from iTMS, crack it, and listen to it on my non-iPod player, no one's stopping me then ether. No, it isn't a God-given right but we have government given rights over certain uses of things we've purchased.

      Now, I don't know for sure if, legally, this kind of format shifting would fall under fair use but I believe that it should. I think practically, no one's going to care and ethically, it's fine.

  26. Jobs and Kerry by jamienk · · Score: 0, Offtopic

    I support John Kerry. Recently, in a bid to be more palatable to US business interests, he had Steve Jobs (and Warren Buffet) sign on with his campaign. Jobs is advising him on tech issues. The same day this was annonced, Kerry spoke about trade with China and India -- his main trade priorities there will be to curb their "software piracy."

    In my mind, this is clearly a short-sighted, feeble software priority. Clearly, the US should encourage open source code throughout the world for its verifiable security, standards support, freedom of use, and, as a commodity, for it's potential to further other entrepenurial endeavors (including the arts).

    Instead, Jobs advises to spend energy and moral capital on saving his nihilistic compromise with the old-fashioned IP distributors.

    Apple makes good hardware. They make some good software. They make pretty graphic designs advertising these wares. But their vision for Western culture is shallow and self-serving.

    1. Re:Jobs and Kerry by the+chao+goes+mu · · Score: 1

      Two quotes seem to contradict one another:
      1. I support John Kerry....Kerry spoke about trade with China and India -- his main trade priorities there will be to curb their "software piracy."
      2. ...nihilistic compromise with the old-fashioned IP distributors.
      Is the writer for or against US IP laws? If against, what is the logic of the first quote? If for, why call them old-fashioned and nihilistic?

      --
      Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
    2. Re:Jobs and Kerry by jamienk · · Score: 1

      Current US IP laws are clearly inhibiting business innovation, cultural enjoyment, and the arts. One way to transition into a new IP paradigm is for the US to advocate Free Software as its main international software trade pollicy priority. By focusing on protecting the proprietary companies and the special laws and propaganda they need, Kerry is squandering an important way he can distinguish himself.

      They are old-fashioned because they cling to solutions that are no longer promoting the arts and sciences. Nihilistic because they are eager to sacrifice all other values and long-term potentials to what they see as a leverage point in their own bottom line.

  27. Re:Apple will respond... by d4rkmoon · · Score: 2, Interesting

    I think so also. As the couple of Slashdot articles in the past have stated, the more media coverage, the more your profits go up. Interestingly enough isn't it. Personally, I still think that iTunes was one of the better deals out there versus all those stupid excuses for companies tryin to imitate them. All we ask for is music that we'll buy that actually is worth what we pay for. Heck, what's the last "album" that you can remember worthwhile to pay for? Not many are out there when it comes to Top 40s.

    --
    -- Friends don't let friends buy Nokia.
  28. If you don't like the terms of the iTMS service by Master+Switch · · Score: 2, Insightful

    Don't use them. Buy your music from other providers. The music is owned by its creators and its distributors. If you want free music, buy from artists who choose to give their music out freely. Respect the property rights of others.

    --
    -Master Switch, one more element in the machine
    1. Re:If you don't like the terms of the iTMS service by The+Darkness · · Score: 5, Insightful
      Don't use them. Buy your music from other providers. The music is owned by its creators and its distributors.

      Bull! The music is owned by the public but the artists or whoever shafts them are granted by us a (supposedly) time limited monopoly on that work during which they can make money. This is incentive for people to actually create things.

      Disney, et al. have perverted this system so that an artists grand-children can milk money from their works. They have also worked hard to mislead people about copyright. In your case they have succeeded.

      If you want free music, buy from artists who choose to give their music out freely. Respect the property rights of others.

      No argument.

      --
      There are two kinds of people: 1) those that need closure
    2. Re:If you don't like the terms of the iTMS service by Anonymous Coward · · Score: 0

      oh do fuck off.

    3. Re:If you don't like the terms of the iTMS service by nharmon · · Score: 0, Redundant

      Mod parent up.

      The idea of intellectual property is the product of the RIAA and MPAA's attempt to strip usage rights from consumers.

      In reality, there is no such thing as intellectual property because in order to truly own something, you have to be able to control it, which is not possible with information.

    4. Re:If you don't like the terms of the iTMS service by Hitchcock_Blonde · · Score: 0

      Such a tired argument. You can come up with something better, can't you?

      --
      Karma Schmarma
    5. Re:If you don't like the terms of the iTMS service by Have+Blue · · Score: 1

      That argument may apply to Mickey Mouse, but not to a song made in the past, say, 5 years. There, the "incentive to create" argument still holds.

    6. Re:If you don't like the terms of the iTMS service by Alsee · · Score: 1

      If you don't like the terms of the iTMS service...
      Don't use them. Buy your music from other providers.


      Actually there is NO free market competition in these download services. The RIAA cartel refused to permit any online sales for about a half decade. Sure there are a few different brands now, but they are all puppet clones operating under the exact same oppressive rules imposed by the RIAA cartel. Any service that stepped out of line would be immediately shut down by the RIAA.

      The reason iTunes is the only reasonably sucessful service is because it's the only one not a precise clone. The RIAA let Apple get slightly losser terms because (1) the RIAA didn't take the tiny Apple marketshare seriously and (2) the RIAA needed to create the image of competition and aviod the image of locking out the Apple market.

      The music is owned by its creators and its distributors.

      Three errors.
      (1) You mean the copyright is owned.
      Those copyrights are owned by the RIAA members...
      (2) not the creators
      (3) nor these distributors

      If you want free music

      Sure everyone likes free, but I refuse to buy a crippled product.
      People want to buy MP3s.
      Frick'n SELL MP3s!

      Respect the property rights of others.

      What does that have to do with anything?

      OOOOhhh! You must mave meant the copyrights of others. Copyrights are completely different than propertyrights. Copyright law is entirely different than property law.

      I for one would have a hell of a lot more respect for copyright law if we eliminated all of the crap passed in the last 30 years or so. Some people seem to think that amounts to eliminating copyright entirely. Some people accuse me of being anti-copyright. Well that's pretty silly, we obviously had copyright in 1975.

      Buying MP3s would be fully respecting the copyrights of others.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:If you don't like the terms of the iTMS service by bwy · · Score: 1

      Bull! The music is owned by the public

      If this were true in the philisophical sense that you are communicating, there wouldn't be much incentive for anybody to actually make music, would there? I guess you don't favor the private ownership of anything at all, do you? In other words, any bum seeking warmth can invite himself into your home at any point, since your home isn't owned by you, but the public. It is the least you could do, if you expect a musician to immediately hand over his product to the public.

    8. Re:If you don't like the terms of the iTMS service by Alsee · · Score: 1

      The earlier poster was correct. By US legal teory all such "information works" are in fact "owned by the public" - public domain.

      From this initial state of public domain, the constitution authorizes congress -if it feels like doing so - to lift certertain limited uses out of the public domain for a limited time and only for the limited purpose of promoting progress of science and the useful arts.

      As you say about incentive to create - the public may voluntairly and temporarily turn over limited rights to the creator to provide that incentive to create.

      The Supreme Court has said that there is absolutely no inherent right to copyright. That the sole purpose if the public benefit. That any profit for the copyright hodler is a mere side effect.

      Copyright has a beneficial purpose. So long as copyright law exists and functions in proper service of that purpose, then copyright law is a good thing.

      However copyright is NOT a property right. Copyright law is entirely different than property law, and it is supposed to be different. Recent attempts to turn copyright law into some sort of property right law simply result in bad and broken law.

      Your entire spiel about denying private ownership of anything is nonsense. Recognizing that copyright is not property right does is NOT equal to eliminating copyright, and it is certainly does not equal eliminating property rights.

      Advocating good-old traditional copyright is not an attempt to eliminate copyright. Opposing the current ass-backwards "intellectual property" view of copyright is a PRO-copyright position. Calling for the elimination of harmful crap laws passed in the last several years is a PRO-copyright position.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  29. Also, it is legal in India. by Futurepower(R) · · Score: 1

    Also, it is legal in India.

    1. Re:Also, it is legal in India. by Niles_Stonne · · Score: 2, Insightful


      Are YOU in India?

      --
      Sticks and Stones may break my bones, but copyright will always protect me.
    2. Re:Also, it is legal in India. by Anonymous Coward · · Score: 0

      Amazingly, the only people that can buy iTMS tracks legally right now are people who live (or get billing) in America. Apple does not have a service for the people of India.

  30. Emulate? by Steamhead · · Score: 2, Interesting

    Is there a way to emulate an iPod so those of us who don't have one can decrypt our songs?

    1. Re:Emulate? by kistral · · Score: 1

      Yeah, I had the same question with Playfair 0.5.0. I assume hymm works the same way. All you need to do is download VLC, a media player, install it in windows alongside your iTunes installation, and play a single protected (.m4p) file. VLC will place your key in $MYDOCUMENTS/Application Data/drm or something similar (just dig around in there). Make a ".drms" directory in your homedir (assuming you're running linux), and copy the file you found there, and you should be good to go.

    2. Re:Emulate? by Otto · · Score: 1

      Hymn seems to include the code to extract the key from the keyring without the need for the VideoLan Client, as previous versions of Playfair required. At least on Windows.

      I haven't tried it yet, but the documentation reads like you don't need any other programs to do it under Windows or Mac. If you want to do it in Linux, of course, you will need to extract the key into a file to bring across into your Linux box.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    3. Re:Emulate? by kistral · · Score: 1

      Hmm. It didn't succeed at finding my key from the keyring in linux (with my windows drive mounted on /mnt/windows), but I didn't dig around to try to figure out how to make it behave. I just went in to VLC and extracted my new key from the "free single of the week". It seems that with the change to itunes v4.5, they gave me a new user key... but I'm all set now.

  31. Anti Piracy is good for Free software by nuggz · · Score: 1

    I think anti piracy actions, and proper copyright enforcement is a good thing for free software.

    Firstly the GPL (and other free licenses) get their strength from copyright law, without it they have much less value.

    The second is that when people have to choose between expensive closed software, and cheaper free software, it will gain market share. Hopefully this will further development.

    1. Re:Anti Piracy is good for Free software by jamienk · · Score: 1

      >copyright enforcement is a good thing for free software.

      But if the talk and laws and international pressure is about IP protection for Apple, MS, RIAA, DVDCCA et al, and not Freedom and Openness, we're in for some muddy times.

  32. Nonsense by Otto · · Score: 4, Informative

    Next to none of its use will be for piracy. Why? Because the music is already out there. It's not like iTMS has anything special that isn't already shared. Okay, they do have the iTunes "Exclusives" that show up every once in a while, but beyond that I seriously doubt most people will be buying music and sharing it with the world. Hymn (as I see it's now called) will be mainly use for compatibility reasons. You should see the Apple forums, where the majority of questions are about how to play back iTunes Music Store songs on this or that MP3 player..

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:Nonsense by amichalo · · Score: 1

      Where can you download a full album?

      Maybe you listen to more popular music than I do, but lets say you want to obtain Fleetwood Mac's "Rumors" album (one of their most popular with plenty of availability in every music store in the world). I can't get it on a p2p service. Sure, I can get the songs "second hand news", "gold dust woman", and "go your own way", but when you get into tracks like "oh daddy" and "you make lovin' fun" it gets more difficult.

      Of course, there are p2p songs you can NOT get at iTMS like the BEatles and Dave Matthews Band and Metalica. Interestingly, these are the same artists that are most frequently the targets of the p2p music downloaders I know.

      Anything they can buy from iTMS, they do - whatever else they p2p.

      --
      I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
    2. Re:Nonsense by Otto · · Score: 1

      Perhaps the easiest way would be to check the BitTorrent sites. These are usually full albums, and have a wide selection. Another way would be some of the DirectConnect networks out there. They can be pretty stringent about what they'll allow people to share.

      Finally, you can find songs individually, and I have yet to fail in a search for a song, no matter how obscure. E-Mule, while slow to download anything, has a huge selection. Gnutella and Gnutella2 have pretty wide ranging files too.

      There's a *lot* of P2P out there. It's really just a matter of knowing where to look.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  33. Nanotech and Capitalism by nuggz · · Score: 1

    Question with your idea that nanotech will cause capitalism to collapse.

    Why? We would still need, services (doctors to design), raw material, and energy.
    I'd think nanotech fabrication would only remove the manufacturing aspect, and this is happening in all the first world countries as we offshore it anyway.

    1. Re:Nanotech and Capitalism by Clod9 · · Score: 1
      Offshoring isn't the same. When you buy, say, a tool or garden sculpture that's made offshore, there's a barrier to you making it locally, so
      there are still companies involved in producing, marketing, and shipping it to you, and taking a profit.

      Instead, think Star Trek replicators. If all you really need is a design, raw material, and energy
      to produce something -- your tool, or a piece of art -- then marketing and shipping don't enter the picture.
      Designs will be easily copied digital bits and subject to the same problems we see now in the music and movie business.

      I believe raw materials will be cheap for some time to come, and that the real issue will be with energy.
      If reliance on fossil fuels continues, then the energy sector will become the locus of control by the corporate world,
      and corporate capitalism will stay alive and well. If energy becomes cheap, then most corporations will lose their reason
      for existence and will persist only as long as they can force the issue through law. That will be an ugly time to be a human being.

      Make no mistake, this is coming. Even without nanotech, the ability of individuals to make a wide variety of objects under computer control in a garage is going to turn the manufacturing world on its head. Soon after that, people will realize that they've been spending their money for no good reason, just to make other people rich, and there will be chaos.

  34. And don't forget... by TomatoMan · · Score: 2, Informative

    And even if a bunch of butt-munches start "sharing" their music with others, that means more AAC files out there, which means a better chance we'll see more MP3 players that include AAC support in the future.

    And don't forget that FairPlay purposely leaves in the Apple ID used to purchase the song. So if people DO start putting their .m4a's up on Kazaa, tracing them back to the owner for major bustitude is trivial. Every file retains its signature. This should limit the appeal to pirates, at least the ones who don't put the files through a second process to remove it. And those guys will pirate things anyway no matter what format they're in.

    I just wish I had either an iPod or a windows machine capable of running iTunes so I could use it. My G4s and linux boxen can't do it. And iPods are still way too expensive for me, so I guess I'm stuck with the CD -> mp3 method for now.

    --
    -- http://frobnosticate.com
  35. more info by xandroid · · Score: 5, Informative

    According to MacWorld...

    • new version, and they're calling it a complete re-write (now fully GPL compliant, too)
    • new web host (in the US, surprisingly, and ballsy too: Babu (creator) says "This [host] is well aware of the DMCA and DRM issues and is very much willing to defend us in case Apple threatens to bring down the site")
    • now preserves the iTMS header files, including the user's Apple ID ("This proves that our purpose is for fair use and not for piracy and should help us in our legal battles")
    • "hymn" stands for "hear your music anywhere"
    • and the new site's not even slashdotted yet!



    (Not really karma whoring, just adding the info that was in my submission... bah.)

    --
    $ echo "ceci n'est pas une pipe" | sed -Ee 's/(eci n|pas )//g'
  36. No... by Otto · · Score: 2, Insightful

    What they really want is for the music they buy to be playable on the music playing devices that they own.

    If someone is sharing music on P2P, I can virtually guarantee you that they ain't buying it from iTunes, and furthermore, this program will be of no use to them. You have to buy music to decrypt it. You can't decrypt other people's music.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  37. Re:Apple's rock and hard place, AAC by kunudo · · Score: 1

    And even if a bunch of butt-munches start "sharing" their music with others, that means more AAC files out there, which means a better chance we'll see more MP3 players that include AAC support in the future.

    I don't think apple would want that to happen. Such players would be direct competitors to the sweet but overpriced iPod. Their whole music business model is based on the iTunes/iPod combination.

  38. Keeps with Copyrights by seven5 · · Score: 5, Insightful

    I think it should be noted that: The software is now called HYMN for Hear Your Music aNywhere. The software has now made it so that while the DRM is stripped it KEEPS the AppleID inside of the song so that the original song can be traced back to its original owner if it were to show up on a p2p network. I think this is totally important and a GREAT stance for HYMN to take. While it allows fairuse of the songs to let us play them on Linux, 3rd party players, and Xbox Media Center, it still keeps copyright protection in mind. I'm really impressed with the developers for doing this.

    1. Re:Keeps with Copyrights by the+chao+goes+mu · · Score: 1

      What a horrible acronym (NEwhere is not a word, neither is L8R. sorry L33t-speak types.). Then again "Hymie" isn't a great name for software either.

      --
      Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
    2. Re:Keeps with Copyrights by Anonymous Coward · · Score: 0
      DeDRMS which was released a while ago does the same thing.
      DeDRMS does not remove the UserID, name and email address. The purpose of DeDRMS is to enable Fair Use, not facilitate copyright infringement.
    3. Re:Keeps with Copyrights by the+chao+goes+mu · · Score: 1

      Just caught my own mistake. Hear Your Muisic Anywhere would be HYMA, which is senseless, but not as potentially offensive as hymie would be. (I got so annoyed with NEwhere that the E somehow stuck with me...) So, ignore my last post. (Except that it is still a REALLY bad acronym.)

      --
      Boys from the City. Not yet caught by the Whirlwind of Progress. Feed soda pop to the thirsty pigs.
    4. Re:Keeps with Copyrights by Anonymous Coward · · Score: 0

      I think the word you're casting about for is "hymen."

    5. Re:Keeps with Copyrights by russotto · · Score: 1

      Oddly enough, though, the DMCA explicitly allows removal of personally identifying information such as userid, name, and email address.

  39. What everyone wants by nuggz · · Score: 2, Insightful

    Oh, I thought most people wanted cheap or free music. I wouldn't say everyone, because that is clearly not true.

    It's free on the radio, why shouldn't it be free on the net.

    1. Re:What everyone wants by cellocgw · · Score: 1

      It's free on the radio, why shouldn't it be free on the net.
      On the off chance you're serious: it's because the radio is a crummy compressed analog feed. The net is a clean digital copy, as good as whatever crud is in the source.
      Now a note from a fan of string quartets and symphony orchestras: yeah, there's tons of free music out there. 99% of it is 3 kids and a mixer in their Dad's basement hoping to make it big. There are a few sites, such as Magnatunes, which carry some decent classical performers, but even they provide mp3-level stuff. You don't need to spend a whole lot of money on a stereo to hear the difference between mp3 and aiff. (I leave the aiff vs vinyl to the ultra-obsessives :-) ).
      Anyway, my point is: even musicians have to eat. They want to get paid, the more the better, for their performances. You want to listen to high quality stuff, you pay for it. Fair deal.

      --
      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
  40. Apple's Response by Brian+Blessed · · Score: 2, Interesting

    with FSF India providing legal support. How will Apple respond?

    The registered address of the hymn-project.org domain is in India, but for its "A" record I currently get the following:

    OrgName: United Layer, Inc.
    OrgID: LAER
    Address: 1019 Mission Street
    City: San Francisco
    StateProv: CA
    PostalCode: 94103
    Country: US

    So perhaps there remains a danger that Apple will simply DMCA this place as per usual.

    - Brian.

    1. Re:Apple's Response by Anonymous Coward · · Score: 0

      Babu (creator) says "This [host] is well aware of the DMCA and DRM issues and is very much willing to defend us in case Apple threatens to bring down the site"

  41. Reactions by RavenZ · · Score: 5, Insightful

    Well, there are several opinions to that, so here's mine:

    Fry this guy! Apple was the first to market with an online music store and is currently market leader. The Apple DRM system is probably the best out there when it comes to quality (AAC, much better than those crappy 128/192 KBps MP3s) and restrictions: Basically you can use the files on every computer in your household and iPod.

    If you really want to hack a DRM system: Windows Media 9 is waiting for you and it will be the HD-DVD scheme both in coding and as DRM. Remember: If you break it now, make it to the press, the DVD Forum will not like using WM9. Clips are available here

    What will Apple's reaction be? Well, the iPod has a lot of processing power (ARM core? Does anyone know the exact specs?) and it will survive the next generations of DRM change.

    1. Re:Reactions by clf8 · · Score: 1

      I just thought of something funny. Everyone says there are no Mac viruses because they don't have a substantial enough market to make it worthwhile. That's probably why nobody's bothering to crack WM9. Even though every other music store (except Rhapsody and Sony Connect) uses WMA files, they're just not a large enough market segment to bother cracking. ;}

    2. Re:Reactions by Anonymous Coward · · Score: 0

      I agree that WM9 needs to be cracked. I have yet to be able to play the high definition version of Terminator 2 which came on the second disc of my T2 Extreme DVD set (mplayer can play the file, but the video output looks random). I was able to play the sample video from microsoft's site, since that did not include any DRM.

    3. Re:Reactions by dabraun · · Score: 2, Informative

      Apple was not the first to market with an online music store. There were several WMA format stores out there before anyone had even heard of iTunes. PressPlay was one of them.

      As to your comparison of the quality of AAC vs. MP3. No online store with major label music has ever used the MP3 format so the comparison is silly. WMA is on the same par with AAC. Some would argue WMA is better.

      The DRM system for WMA files is certainly far more versatile and far more secure than AAC. It allows the content owner to set up a wide variety of lisencing terms rather than the one-size-fits-all approach of iTunes. No one has a working crack - though the burn/rip approach works as long as the content owner allowed burning (which they generally do unless the songs are being given out as a free time limited promo - i.e. download this album for free, it will be playable for 2 weeks)

      David

  42. Re:looks like its time. by Anonymous Coward · · Score: 0

    Hymn allows you to remove DRM -- it does not involve the unauthorised distribution of copyright material.
    Nice try troll

  43. Re:looks like its time. by vxvxvxvx · · Score: 1

    A better comparison would be programming your own "Linux" to get around the GPL crap (go for it.) Nobody took Apple's software, they wrote their own.

  44. Nope by Otto · · Score: 5, Informative

    Playfair actually decrypted the music directly, it didn't intercept it in Quicktime.

    The key to decrypting iTMS files lies in its keyring. See, when you get "authorized" by Apple to play your purchased music, a key gets downloaded to your machine. This key is used to decrypt your music. The key is stored inside a keyring, and the keyring is encrypted using other information specific to your machine (Windows key, chunks off the BIOS, etc, etc).

    The method to decrypt the keyring was reverse engineered, giving you the key, giving you the ability to decrypt the songs directly.

    Simple.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:Nope by mpaque · · Score: 1

      > The method to decrypt the keyring was reverse engineered, giving you the key

      Because of course calling SecKeychainOpen() and SeckeychainCopySettings() is just too darn obscure and difficult to do.

    2. Re:Nope by Anonymous Coward · · Score: 0

      There's no reference to those calls in the playfair source code.

      Last time I checked, those functions didn't exist in the Win32 API either. They're MacOS X only.

      Take your trolling elsewhere, Mac zealot.

  45. Question... by mjtiernan · · Score: 1

    What is the point of this stupid game?

  46. Ease of use / region codes by TMB · · Score: 0

    How exactly does letting me easily port my music library to the linux box that I want to listen to my music on screw over anyone??

    It makes about as much sense as defending DVD region codes... "please, make it harder for me to use your product, that makes it much more likely that I'll buy it!"

    And on that random segue... does anyone know what the official MPAA position is on what you're supposed to do when you move to a different continent, as I'll be doing later this year?

    [TMB]

    1. Re:Ease of use / region codes by red+floyd · · Score: 1

      does anyone know what the official MPAA position is on what you're supposed to do when you move to a different continent

      Yes, and they even put it into one of their films... "SHOW ME THE MONEY!!!!"

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    2. Re:Ease of use / region codes by Kplusplus · · Score: 1

      VLC already plays the files on Linux without stripping them of the DRM, if all you wanted was to be able to play them, how is that not sufficient?

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    3. Re:Ease of use / region codes by UncleRage · · Score: 1

      VLC does not however exist as an Xbox compatible (read: non-linux) binary.

      That being said, my use for HYMN is simple: Move all of my ITMS tracks (20-30 burned CD's worth) to my modded Xbox (which is the hub of my media center). What's wrong with that?

      I know that I can burn the tracks to CD... but then I must rip them from the CD and transfer to the xbox, thereby wasting the CD's.

      I am not sharing music with others, I am not stealing music, I am simply attempting to gain the most enjoyment possible out of my purchase. Don't bother me with excuses about EULA's. I bought my Xbox, I turned it into something more useful, I buy my music from ITMS, I want to play them as I see fit: which for me is using them on my media (x)box. (Which by the way I then broadcast over a 1 watt FM transceiver so that I can listen while I'm out mowing the yard -- it's a big yard-- with the convenience of a headphone FM receiver).

      This is not about breaking laws, or piracy. It is about consumer advocacy. Apple has a very nice system in place to (legally) distribute music. I, and many others, simply want reasonable enjoyment from our purchases -- nothing more, nothing less.

      --

      --
      #SickNotWeak
    4. Re:Ease of use / region codes by Kplusplus · · Score: 1

      then add support to Xbox media player for it, after all VLC is Open Source and GPL as is Xbox Media Player.

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
  47. You seem to be living in the world in your head by Anonymous Coward · · Score: 0

    Actually, what they really want is to turn a profit, and look like The Good Guys in the eyes of John Q. DCMAer and Mr. RIAA Man.

  48. Re:looks like its time. by Anonymous Coward · · Score: 0

    The GPL isn't a form of DRM you wanker, it is a license which permits redistibution under certain conditions. DRM is a technological device which *denies* the owner of a product the *fair use* rights of copyright law. Device, license; device, license. See the differnece yet shit-for-brains?

  49. No iPod needed. by Otto · · Score: 1

    You don't need an iPod. Just iTunes. If iTunes can play it, then this should be capable of decrypting it.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  50. Not a big deal. by VeloDrax · · Score: 1

    I'm inclined to jump on the bandwagon that says why mess with a good thing (Apple user, supporter). On the other hand, Hymn users would most likely have already bought music from the iTunes Music Store. That certainly doesn't hurt Apple. Although a DRM-stripped song might appear on a P2P network, it's not like that song hasn't been there forever anyway. Downloading DRM files from P2P then stripping them of DRM seems a bigger hassle then simply downloading the MP3 version in the first place. Besides, circumventing Apple's own DRM-stripping method using Hymn does save time and money. In the end, I just don't think it's a big deal anymore.

  51. Apple will protect its standard for iPod's sake by Jtheletter · · Score: 0, Flamebait
    No, I'm pretty sure Apple will ignore this. The company would love for the RIAA to pull the plug on iTunes.

    Where in the world did you get the idea that Apple wants iTunes shut down?

    1. RIAA pulls the plug on iTunes
    2. Apple (and therefore everyone else) no longer sells AAC encoded music
    3. No one needs an iPod to play AAC files
    4. iPod sales drop
    5. Apple looses its lucrative music hardware market

    iTunes and the iPod are intimately linked, kill one and the other will fester. Apple knows this and, despite currently getting the shaft on music file sales, will continue to support and protect iTunes and the FairPlay standard to maintain iPod's market.

    --
    -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    1. Re:Apple will protect its standard for iPod's sake by Anonymous Coward · · Score: 0

      Alex, I'll take sarcasm for +1,Troll.

  52. It's not about pirating by complexmath · · Score: 1

    it's about fair use in the country the application was created. Same as a certain other application created in Russia to decrypt eBooks. You may argue that the application damages the community more than it helps the few who want to play these music files on nonsupported devices, but as you say we're all free to not use iTunes (I don't use iTunes and don't intend to).

    All of these applications continue to raise the issue of globalization vs. property law, which is a sticky issue that needs to be thought out a bit further. In this respect, things like PlayFair serve to force the issue into discussion, for good or bad.

  53. Fight for Fair Use Legally... Support the DMCRA by EvanKai · · Score: 2, Interesting
    If you believe that the DMCA is trampling your rights under Fair Use, please get involved in supporting the EFF and the Digital Media Consumers' Rights Act (DMCRA, H.R. 107).

    If we don't let our representatives know we are watching how they vote on this, Big Media will crush this legislation. If the /. community would spend a fraction of the time lobbying against laws like the DMCA as we do bitching about the companies that sue using it, PlayFair (and any other DRM cracker) would already be legal.

  54. copyright infringement vs. contract violation by Anonymous Coward · · Score: 0

    If someone "breaks" the GPL (presume you mean uses code released under the GPL without complying with the license) you've committed copyright infringement. There are specific affirmative defenses (e.g. "fair use", etc.) for copyright infringement.

    If someone uses a tool to remove DRM from files purchased from iTMS then they've violated their purchase contract. There are specific affirmative defenses (e.g. illegal contract) for contract violation.

    Sure sounds similar... Oh folks here can whine all they like about iTMS' contract being illegal because it deprives them of rights they think they should have under the First Sale Doctrine but that was in a case where there were no alternative ways to obtain the intellectual property.

  55. Oh why must you bad boys do this???/ by Anonymous Coward · · Score: 0

    Apple has given us the milk from their teat with iTMS. Its fun, fast fair, and although it has DRM, its as fair as fair can be. If we don't support this, then we might as well just give up to Microsoft.

    SO you boys come and break the copy protection. This is the magic that makes the record companies allows apple to sell us this wonderful, almost magical service.

    I used to download illegally, but I've spent $1,000 in iTMS. I listen to all the music because I don't really work, and my parents so far have come through and paid for it. I hope I pass all my classes.

    Anyway Apple should sue and sue big, because these guys have broken the magic, and they might take iTMS away, and then I'll have to spend less money and get better sonic quality by buying CD's online.

    Oh, you guys frost my doughnuts. If you don't like the EULA, then don't use it. Don't you realize how magical and wonderful iTMS is, and I don't want to lose it because its made by apple and its magical and wonderful and I don't want to miss a drop.

  56. TROLL by yabos · · Score: 0, Flamebait

    NM

  57. You're right! by Anonymous Coward · · Score: 0

    " Don't forget that it continues to make the community look bad."

    I never thought of it that way. We did the wrong thing. I'm sorry. .. .. .. ..

    Okay. I'm over it. I'm now heading back to kazaa and then I'll round out the afernoon by cracking iTMS a couple dozen times.

  58. doesn't work by hiroshi912681 · · Score: 1

    Has anyone actually gotten this program to work? I've never been able to get this program to work on my Windows system. It always spits out "Couldn't get DRM key for user." Even as I'm playing the song in iTunes, it still says it can't find the key. The instructions say you don't need an iPod for the Windows version... maybe it's not true.

    1. Re:doesn't work by Anonymous Coward · · Score: 0

      It worked for me.
      And for the first time the VLC code in the application actually worked (it extracted the key and put it in the drms directory properly).

      So now you don't even have to play the file in VLC first.

  59. Why break a DRM that can be easily broken by sokoban · · Score: 1

    I think the only way that Apple really can respond is to put together a new DRM scheme that is harder to crack and is more restrictive. If you're so worried about your precious music files than go out and buy a damn cd. No DRM, no compression. Or, just download a non-drm copy of the music from gnutella (which after you purchase a legal copy should be okay). I am just bitter because these people who are out trying to break every DRM scheme will eventually make the RIAA and labels not want to put music online. People said that they pirated music because they can't purchase it online, but now that they can purchase it online, the few who are trying to get more than they paid for (If you buy DRM music, you have no right to break the DRM) are likely going to mess it all up for the rest of us.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 is the magic number.
    1. Re:Why break a DRM that can be easily broken by Anonymous Coward · · Score: 1, Insightful

      "I am just bitter because these people who are out trying to break every DRM scheme will eventually make the RIAA and labels not want to put music online"

      This is so childish, I have to ask:

      1) If they won't sell music to us, how will they make money?

      2) If they don't sell their music online, who cares? You're doing Apple and the RIAA a favor by buying the music online... more money, lower quality, no distribution costs to speak of.

      Why do you always act as if you have no rights? You're in control. You have the money. They're not doing us a favor with iTMS. Don't act like they are.

    2. Re:Why break a DRM that can be easily broken by sadler121 · · Score: 1

      "If you buy DRM music, you have no right to break the DRM"

      this is bull, no matter if it states in the EULA (which I am sure it does, just haven't RTF-EULA)that you can not rip the DRM out, it would not hold up in a court of law. Copyright allows for fair use, and even if the DMCA, (agian, havn't read it) says you cant do it, you bring it up in COURT and the judge is going to laugh the RIAA out of the courtroom.

      Yeah, there is some good in Judical activism. ;-)

    3. Re:Why break a DRM that can be easily broken by Anonymous Coward · · Score: 0

      I am just bitter because these people who are out trying to break every DRM scheme will eventually make the RIAA and labels not want to put music online.

      Their loss. They exist to make money, which will be pretty hard to do if they don't sell anything. I exist, however...for no purpose that serves them.

      All of the burden is on them. They exist to serve us, through the mechanism of capitalism, and not the other way around. If these companies have a problem, it's their problem, not ours.

  60. But but but... by localman · · Score: 4, Insightful

    Breaking the DRM doesn't allow people to pirate the music. It's CD's and MP3's that make up the bulk of pirating. DRM or no, legitimately purchased AAC files don't make up any substantial portion of pirating anyways.

    I would guess that approximately ZERO pirates have been twarted by DRM and LOTS of legitimate users have been annoyed by the restrictions.

    Why are they (Apple|RIAA) so intent on DRM anyways?

    Cheers.

    1. Re:But but but... by metachor · · Score: 1

      I would not say Apple is so intent on DRM. Rather as other posters have pointed out, their reliance on the RIAA for the songs sold on iTMS obligates them to respect the DRM-wishes of the RIAA (at least legally/economically, though perhaps not morally). For Apple, DRM = good business. For the RIAA, DRM = control of the recording medium = any business at all.

    2. Re:But but but... by haxor.dk · · Score: 1

      "Why are they (Apple|RIAA) so intent on DRM anyways?"

      APPLE is "intent" on DRM because RIAA would pull the plug on iTunes Music Store if they weren't.

      RIAA has a gun pointed at the temple of any small to medium-sized music resellers. That's why. You can't play nice when you're under the thumb of a gangster syndicate.

    3. Re:But but but... by huchida · · Score: 1
      I'd agree, Apple's fighting the fight to protect their interests. They're in between a rock (the RIAA, from whom they have to license the music) and a hard place (the customers, who naturally want ease of use and as few restrictions as possible.)

      Look at the iPod itself for another example. Apple had to go out of their way to design it so that you can't download from the disk to another computer; obviously this was to assure the labels that people won't be using iPods to swap entire music collections. Naturally there are a few applications that override this "feature", Apple hasn't put much effort into stopping them because they either fall under the RIAA radar or they don't see them as a particular threat.

    4. Re:But but but... by localman · · Score: 1

      I know. That's why I used the "|", to designate "or" as in, "whoever you feel like blaming". I know Apple doesn't have much choice. But they're playing ball. Do I blame them? No. But whatever. The whole thing's a mess anyway.

      Cheers.

    5. Re:But but but... by localman · · Score: 1

      Yeah, I know. I don't blame Apple for the DRM, really. That's the only way to play ball. There was an interview with Jobs, where he mentioned that right from the get-go they told the RIAA people that whatever DRM they came up with would be cracked. And of course they were right. I wonder how long the RIAA will force them to keep up the charade. Especially since it's obvious to anyone who pirates stuff that DRM has no effect on piracy whatsoever.

  61. It isn't fair! by Anonymous Coward · · Score: 0

    This doesn't let you get your music for free; quite the opposite. It only lets you use songs that you paid for when and how you want.

    Are you stupid or just trolling?

    Never mind... its all the same in the end.

  62. You conveiniently forgot a word... by garcia · · Score: 2, Insightful

    You forgot the most important word in that sentence... "legally".

  63. I'll respect your rights if you respect mine by SuperKendall · · Score: 1

    I do respect artists rights, I buy all my music (which iTunes has made possible, before I did download songs if I wanted singles and not a whole album).

    Now how about you respect my right to listen to the music how and where I want? I can already burn a CD with the music, so how is that really different than freeing up the song a little more than it is already so I can listen to it on my own computer which happens to be unauthorized? If I'm not sharing it with others than there really is no difference.

    In short, I'll respect yours if you'll respect mine. Mutual respect is the key to having any respect at all. Apple has doen a pretty good job there, Hymn just ensures that the music I buy will always be accesible even if Apple (or iTunes) should go away someday and I can no longer authorize computers (or have to rely on a network connection being present for new computers).

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:I'll respect your rights if you respect mine by Anonymous Coward · · Score: 1, Insightful

      Yet you clearly have no respect for the Terms of Service you agree to when purchasing products from the iTunes store. You may disagree with the stated TOS. You may even believe that is illegal/unenforcable. That does not give you the moral justification to break that agreement.

      If you want recognition and respect for your views on IP perhaps you should start from a better moral foundation. Rather than breaking your agreement, refuse to use iTunes.

    2. Re:I'll respect your rights if you respect mine by Exatron · · Score: 1

      What are you? Some kind of moron? Of course it gives you the moral justification to break that agreement- the iTunes terms of service are so unreasonable that you have to break that agreement to truly exercise your rights to any songs you purchase. Attempting to deny fair use rights to users trumps any claims that breaking the iTunes TOS agreement is unethical.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    3. Re:I'll respect your rights if you respect mine by Anonymous Coward · · Score: 0

      It's a pretty morally weak to protest a company's abuse of your rights while at the same time consuming the company's products. Especially when the product is available from other outlets with less restrictive provisions. If Apple was selling a staple good necessary for life then the moral justification for breaking the agreement would be there. It's music, not water or shelter or food.

      Whether you realize it or not, there is nothing illegal about an agreement between you and Apple that restricts your usage. Such agreements existed and were enforced well before any DCMA and DRM crapola. It's a legal, binding agreement and people who break it are crooks not political protestors. You don't like Apple's TOS then you have two choices: don't use iTunes or sue Apple. Anything else and prepare to be lumped together with all the other crooks.

    4. Re:I'll respect your rights if you respect mine by Anonymous Coward · · Score: 0

      You know, the TOS doesn't even allow the "Burn to CD" thingy that Mac users are always promoting. You've probably broken the TOS yourself, mr criminal, and not even known it.

    5. Re:I'll respect your rights if you respect mine by Anonymous Coward · · Score: 0

      Nope. I refuse to use or patronize any music service that restricts my usage rights beyond those already codified in Copyright law. See, that's what's called a principled stand. It's quite a bit different from "your rules suck so I'll just break them". That's what's called chickenshit.

  64. Whatabout a new use for DRM? by amichalo · · Score: 1

    This whole new HYMN approach is making me think - what if DRM were used to encode and protect the digital signature of the original purchaser of the music. You can play the music on any PC, digital device, etc, but the user's digital signature will allways travel with it. If you share it and it gets back the the RIAA, it is easily trackable with this Digital DNA back to the one and only registered owner who either gave the music away, in violation of the EUL/copyright laws or had it stolen, in which case the possesor of the music is in posession of stolen property.

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
    1. Re:Whatabout a new use for DRM? by TheSunborn · · Score: 1

      That would not work. You could just remove the signature. Nobody need the signature to hear the music, so removing it would do no harm.

    2. Re:Whatabout a new use for DRM? by PriceIke · · Score: 0

      Okay, so let's say it gets adopted worldwide and all computers now have DRM music with their own little identifying codes embedded. What's to stop a half-decent hacker from hacking your computer, copying all your music files and distributing them without your knowledge? The identification of the "source" computer is meaningless. Music files can be stolen as easily as they can be given away.

      --
      It's not a lie. It's the truth with lossy compression.
    3. Re:Whatabout a new use for DRM? by sadler121 · · Score: 1

      Also, I am SURE (ok almost sure) that in future versions of PlayFair they'll remove the ID, and if they dont sense the code is GPL'd someone will fork it, and create a program to remove the ID themselves.

    4. Re:Whatabout a new use for DRM? by amichalo · · Score: 1

      Well keeping the signature tied to the music file is what the DRM would be used for. It wouldn't not prevent playing, just anonymous copying.

      --
      I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  65. Microsoft sold the stock long ago by SuperKendall · · Score: 2

    There goes that theory.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  66. On whose behalf? by A+nonymous+Coward · · Score: 1, Flamebait

    Would that be as in ...

    Illegal fair use?

    Illegal copy I make for my wife?

    Illegal copy of music I already bought so I can take it in my car without worrying about car thieves stealing my only copy?

    Illegal copy on my hard drive so when the less than immortal physical CD craps out I don't have to pay for a new copy at full price?

    Illegal monopoly on region codes (violates WTO)?

    Illegal price fixing (RIAA)?

    Please clarify who you think is behaving illegally.

    1. Re:On whose behalf? by garcia · · Score: 4, Insightful

      Illegal fair use?

      Fair use includes making a backup copy. I don't believe making a backup includes downloading one from the Internet (but that is open to interpretation).

      Illegal copy I make for my wife?

      Doesn't fall into the downloading category.

      Illegal copy of music I already bought so I can take it in my car without worrying about car thieves stealing my only copy?

      Illegal copy on my hard drive so when the less than immortal physical CD craps out I don't have to pay for a new copy at full price?

      Again, doesn't fall into the downloading category.

      Illegal monopoly on region codes (violates WTO)?

      I don't see how this has anything to do w/this topic. We are talking about music not region coded DVDs/games.

      Illegal price fixing (RIAA)?

      They were found guilty and supposedly paid the price they deserved. The open debate about the severity of the fine is irrelevant.

    2. Re:On whose behalf? by Zebbers · · Score: 0

      no
      companies never pay the price they deserve
      they are a negative construction with high political power
      any punishment is purely for show

    3. Re:On whose behalf? by Anonymous Coward · · Score: 0

      Fair use includes making a backup copy. I don't believe making a backup includes downloading one from the Internet (but that is open to interpretation).

      actually the law is very clear about this. it says you may make a backup copy for your own personal use and your use only - not anyone else's. therefore, technically, if anyone else downloads it they and possibly the person who made the backup could be breaking the law. so if you wanted to convert your iTune-format song to OGG and play it on your customized Linux-based PDA, that should be legal under fair use, but not anyone else downloading it or using it.

      fair use has been smudged by the MPAA though. the DMCA explicitly voids fair use, saying that if you break a copyright protection method - even if it's a piece of paper that has "copyrighted material! do not cut paper!" scribbled on it with crayon - you do not pass go, you do not collect $200. even if it IS a fair use circumstance (this is one of the reasons there was a big stink about how open the wording of the DMCA was). i can't remember if any of the fair use vs DMCA cases have concluded or what they came up with in the end, but i'd say the legal ground playfair stands upon is shaky at best.

    4. Re:On whose behalf? by drinkypoo · · Score: 1

      The copy for one's wife and the backup copy are prevented by fairplay, unless you want to make the kind of backup permitted by apple. This is unacceptable. There is no reason apple should have control over what formats I put the media on. I can burn to a CD and make whatever I want, you say? Well, that's true, and for most purposes that is sufficient, but if I'm going to have to re-encode it later, I'm going to lose quality only because of some pathetic, easily-broken DRM. So, I'm going to break the DRM, it's that simple. Why suffer because of some stupid restrictions which prevent you from doing things which are actually legal?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:On whose behalf? by MacDork · · Score: 1
      • Illegal price fixing (RIAA)?
      • They were found guilty and supposedly paid the price they deserved. The open debate about the severity of the fine is irrelevant.

      And shortly thereafter, they had the law changed to legalize price fixing for online music distribution.

      • The record industry already has an antitrust exemption that allows record companies to jointly negotiate royalty rates for digital distribution. Late last year, the music industry convinced Sen. Orrin Hatch (R-Utah) to insert language into the EnFORCE Act (Enhancing Federal Obscenity Reporting and Copyright Enforcement Act of 2003) that would extend that exemption to "physical product configurations" such as CDs. That bill is still in committee.

      Surprise! There's a name I'm always hearing good news about: Orrin Hatch. You know, the DMCA's author. The 'nuke your hardware with a file sharing virus' guy. The infamous software pirate himself?

      After finding HatchMusic, I think I understand him now. It's not just the lobbyist bribes that motivate him. He must actually think that if he spreads enough KY Jelly on the American public's rectum for the RIAA, they'll give him "money for nothin' and chicks for free".

      As a final note, if you find the KY Jelly comment a bit graphic, you'll be glad to know Orrin Hatch handed the pornography industry a blank check recently. What's not to like about the man?

    6. Re:On whose behalf? by timmi · · Score: 1

      as I have said in other discussions, this is purely about who holds the trump card. RIAA: Play fair is illegal because it violates the DMCA Apple: Playfair is illegal because it violates iTMS EULA Consumers: fair user trumps all, iTMS cannot restrict "fair use" rights, and DMCA is unconstitutional" that is what this fight is all about.

    7. Re:On whose behalf? by ChuyMatt · · Score: 1
      I don't understand, is it that she has a different computer? a different mp3 player or are you just ultra libertarian and any control is "evil." the DRM AACs have not posed any problems with sharing with my wife on a different system or with her CD player for running.

      btw, not too many people so far have been intelligent enough to use the playfair program so, it still keeps from mass distribution in some capacity.

    8. Re:On whose behalf? by zurab · · Score: 1
      Illegal price fixing (RIAA)?

      They were found guilty and supposedly paid the price they deserved. The open debate about the severity of the fine is irrelevant.

      This is not really relevant to the original discussion but RIAA was never found guilty! They settled out of court for some pocket change (for them), and now continue to employ exactly the same practices as before.

      If they were indeed found guilty (like you suggested), they would not be able to continue with their price-fixing practices. But that's not how most class action lawsuits work - all lawyers want is pocketing their share of money, not proving something to the RIAA, or doing what's right. They'd rather settle out of court in a shorter period of time with guaranteed money, than attempt to prove something taking some risk of losing the case and ending up with nothing.

      Violating anti-competitive, price-fixing, accounting, trade, and other laws is just a regular business expense for the RIAA cartel.
    9. Re:On whose behalf? by cpt+kangarooski · · Score: 1

      Fair use includes making a backup copy. I don't believe making a backup includes downloading one from the Internet (but that is open to interpretation).

      No, fair uses are whatever specific uses, based on their own circumstances, that pass the fair use analysis that can be seen at 17 USC 107, among other places.

      One person can make a backup copy fairly, and another person cannot.

      It depends on the circumstances involved in each of their specific cases. Fair use has to be analyzed anew every time; you can't just make blanket statements as to what is and isn't fair. Any kind of thing though, could potentially be a fair use, under the right circumstances.

      --
      -- 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.
    10. Re:On whose behalf? by cpt+kangarooski · · Score: 1

      Fair use includes making a backup copy. I don't believe making a backup includes downloading one from the Internet (but that is open to interpretation).

      actually the law is very clear about this. it says you may make a backup copy for your own personal use and your use only - not anyone else's.


      Excellent. Since it is so clear, you won't mind posting a cite to the specific statute or case involved. Because in fact, that's not what it says. Nor is what you think it doesn't say, what it says.

      --
      -- 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.
  67. Tinfoil hat theories by swb · · Score: 1

    OK, I'll admit up front that this is highly tinfoil hat, but I think it's kind of interesting to explore.

    Anyway, the PlayFair people are promoting this as a fair use tool, and the software and the concept are logically consistant. But! What if they are operating under a "false flag"?

    It's possible that they could be:

    (a) Representing a disident wing of the RIAA. This wing dislikes Apple's DRM (too easy to convert back to MP3, too easily cracked AAC protection, etc), Apple itself, Steve Jobs personally, or they back another system/entity, or just don't like online sales at all (like outsourcing, they view it as the beginning of the end). Playfair is a way to undermine the DRM and, hence, undermine Apple/iTunes.

    (b) Representing another entity competing with IMS. Make Apple's system look bad to the RIAA and you can undermine Apple's position with RIAA and strengthen your "better" version.

    (c) Apple itself. With music stores popping up faster than zits on a 13 year old, and other DRM systems portable to more competing portables, Apple plays a phone game of tit-for-tat with the Playfair developers to keep the RIAA going. As long as sales stay up, RIAA is placated and Apple's system attracts a critical mindshare leadership for its simple crackability (ala Apex DVD players).

    I know that they're all probably not true, but it's an interesting theory. RIAA and others chase mysterious "hackerz", meanwhile a hidden agenda is advanced.

    Anybody seen my hat? It's kind of metallic and shiny.

    1. Re:Tinfoil hat theories by jimicus · · Score: 1

      It's phenomenally tinfoil hat. I like it.

      Many technical decisions are based on business requirements. If the business has a desire to ensure Apple's AAC encryption fails miserably (who could possibly want that?), current business practise throws up a number of choices:

      1. Compete on price (impossible unless they can get the RIAA to play ball)
      2. Compete on availability.
      3. Sue Apple for patent infringement.
      4. Ruin the image of Apple in the eyes of the RIAA so the RIAA pulls the plug.

      Now, who could possibly be so delusional and paranoid as to try #4?

      OK, tinfoil hat off. Mod me down.

    2. Re:Tinfoil hat theories by Anonymous Coward · · Score: 0

      The author is the same guy as the author who cracked the DVD scheme ("DVD Jon" aka Jon Lech Johanson).

  68. Re:looks like its time. by aristotle-dude · · Score: 3, Insightful
    Fairplay does not deny your right to fair use. You are free to burn a copy to disk just as you are free to photocopy portions of a book under fair use or tape record from the radio.

    Fair use does not gurantee you to the right to a perfect copy.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  69. Oh Come on. by OS24Ever · · Score: 3, Informative

    This argument needs to go to sleep and fast.

    Burn protected AAC to CD Media.

    Rip with VBR --r3mix -b112 with lame or your favorite encoder.

    Play on whatever you want.

    And the 'compression' argument doesn't hold water unless you have a $10k set of speakers to listen to it on powered by a McIntosh analog amp. And if you have that you're just a cheap a$$ bastard for not buying the music. ;)

    I burn all sorts of CDs and listen to them in my cars, my stereo, etc. I can't tell the difference between it and my lossless compressed burns when they are side by side. Granted I've not paid for a song I have and tried it but if you decompress a 128k AAC and a flac compressed one and play them on the same stereo they sound no different

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

    1. Re:Oh Come on. by Spectra72 · · Score: 3, Insightful

      Oh is that all you have to do? How convenient.

    2. Re:Oh Come on. by Anonymous Coward · · Score: 0, Flamebait

      "I can't tell the difference between it and my lossless compressed burns when they are side by side. "

      Do you understand that your "word" means nothing when its clear in blind listening tests that 128kb AAC are not close to CDs?

      Why don't you just say:

      "Well, I can't hear the difference, but a lot of people say they can, so I'm probably not very picky".

      Or at least

      "I understand why people don't like this, but honestly, iTMS is selling convenince, not quality".

      Buying music from iTMS is like going to the Hyundai dealer for a car. Its not great, but presumably is a little cheaper than going to the Honda dealer to get a real car.

    3. Re:Oh Come on. by Abjifyicious · · Score: 0, Interesting
      This argument needs to go to sleep and fast.

      Why? It's not like it's turning into a flame war or anything. What's Slashdot for if not debating things? ;-)

      And the 'compression' argument doesn't hold water unless you have a $10k set of speakers to listen to it on powered by a McIntosh analog amp.

      For some people that may be true, but hearing can vary widely from person to person. I don't claim to be an audiophile, but I can definitely hear the compression artifacts at the transcoded 112kbps MP3 level that you're suggesting. 128kbps AAC is just barely past the threshold of my hearing, so pretty much any transcoding is going to be too poor for my tastes. Not to mention that it's slow and inconvenient to burn and re-rip. With Hymn, it only takes about ten seconds per song.

    4. Re:Oh Come on. by Anonymous Coward · · Score: 0

      Actually, according to just about everyone on the hydrogenaudio forums, the "--r3mix" flag is outdated these days. The suggested flag is now "--alt-preset standard", as this preset is constantly updated and tweaked for the best quality with every release of LAME.

    5. Re:Oh Come on. by Chris_Jefferson · · Score: 2, Insightful

      I don't understand this at all. If you argue that burning and ripping produces and almost identical copy, then why not just let people remove the protection from the original and skip the hassle of a burn/rip cycle?

      Clearly there must be a difference between the copies, or else there would be no point not allowing stright copying but allowing burn/rip

      --
      Combination - fun iPhone puzzling
    6. Re:Oh Come on. by mrchaotica · · Score: 1

      Hey, I like my Hyundai, you insensitive clod!

      (seriously, my Accent has only 4 less HP than a Civic (in 2003, when Civics had 108hp - they have 115 now), and is just as nice in terms of features and such)

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    7. Re:Oh Come on. by Frizzle+Fry · · Score: 2, Insightful

      This argument doesn't "need to go to sleep" becaue it's true. Apple is using DRM to sell more iPods. Yes, the fact that you can rip the cd's you made is a backdoor around it, and there's nothing they can do about it since people wouldn't download stuff if they couldn't put it on cds. But you are acting as if this ridiculously convoluted way of getting mp3s is a "feature", which it's obviuosly not since this story demonstrates that they don't want you removing the DRM.

      And "The 'compression' argument" as you call it is a simple fact: this is going to lose sound quality. Your argument is equivalent to: I don't mind DRM because I can just hold a cassette recorder in front of my computer speakers and get a copy of the music I can listen to anywhere.

      --
      I'd rather be lucky than good.
    8. Re:Oh Come on. by Protoslo · · Score: 1

      This may come as a surprise to you, but many people would find it quite inconvenient to burn their music collection to cds, rip the cds, and then reencode said music. In fact, I would go so far as to say that many people would be unable to do this.

      Encoding music may not be as hard as encoding video, but most people who buy music from the iTMS do not read slashdot, do not know what lame, or even VBR is, and couldn't pull off a two-pass encode if their life depended on it. And even if they could, it would take a while and be inconvenient as hell.

      So, even if the DRM can be circumvented in this manner, it is inconvenient enough that you might as well not buy from iTMS in the first place. Without using PlayFair to crack the DRM, it makes no sense to play your AACs on anything but an iPod. (The one exception is, of course, just burning the AACs to cds and leaving them there, to play in normal cd players.)

    9. Re:Oh Come on. by vwjeff · · Score: 2, Interesting

      Burn protected AAC to CD Media

      Yes I could do that but it is just one more step I must do in order to play the music I purchased on my non-ipod player. I purchase music online because it is convenient. This is not convenient.

      I'm sad to say that Apple may once again lose to Microsoft. Microsoft's DRM hasn't been cracked yet. If this continues the major labels may decide to back Microsoft and shun Apple.

      I do not have any problems with Apple's implementation of DRM except only supporting the iPod. I love the ITMS. Finding the music I want is much easier for me than some other sites I have used.

      I'm torn between supporting Apple, a company I respect, or using another music service where I can get my music cheaper and supports my portable player.

    10. Re:Oh Come on. by glpierce · · Score: 1

      "And the 'compression' argument doesn't hold water unless you have a $10k set of speakers to listen to it on powered by a McIntosh analog amp."

      My 6-year-old $100, 4.1 Altec Lansing speakers and 4-year-old Santa Cruz DSP sound card beg to differ. I can hear the loss in a Quality-10.0 Ogg Vorbis file. For old, live, or soft musics you would never notice it, but if your collection includes the loud and fast (think White Zombie, Coal Chamber, Slipknot, etc), then it is perceptible (esp. at high volumes). 50% of my collection is fine at Q-7 (mainly classic rock), but there's about 10% that I can't listen to below Q-10, and even then I wish I had space on my computer for lossless files.

      Most people won't notice loss with most musics, but for audiophiles with more diverse or different tastes, the loss can be huge.

      --
      G
    11. Re:Oh Come on. by fulldecent · · Score: 1

      I'm not releasing the crack for WMA until they spend a lot of money on it... then I can really let them down.

      --

      -- I was raised on the command line, bitch

    12. Re:Oh Come on. by Floody · · Score: 1

      Good god, if you can't tell the difference between 128k aac and uncompressed pcm, you really need to have your hearing checked.

    13. Re:Oh Come on. by Anonymous Coward · · Score: 0

      it's not 112kbps cbr, it's a preset for VBR encoding with lame that specifies a minimum of 112kbps (and a maximum of 320, the mp3 max) and joint stereo...

      go read up on www.hydrogenaudio.org
      (which seems to be down now?)

    14. Re:Oh Come on. by MinotaurUK · · Score: 1
      I don't understand this at all. If you argue that burning and ripping produces and almost identical copy, then why not just let people remove the protection from the original and skip the hassle of a burn/rip cycle?

      Not to mention the environmental impact of people burning CD-Rs purely for the purpose of ripping them.

      (Yes, I know you could use CD-RWs, but in my experience they're nowhere near as reliable as CD-Rs. No idea why - maybe my drive just doesn't like the things.)

    15. Re:Oh Come on. by Anonymous Coward · · Score: 0

      "And the 'compression' argument doesn't hold water unless you have a $10k set of speakers to listen to it on powered by a McIntosh analog amp."

      Check.

    16. Re:Oh Come on. by ratsnapple+tea · · Score: 1

      If you want listen to purchased music on your non-iPod player, then why are you buying songs from the iTMS? To support a company you respect? I see what you're saying, but you can't always have your cake and eat it too. Life is about compromise.

      When you circumvent FairPlay, you're breaking the iTMS's terms of use. (Remember that click-through contract?) If you want to stay on this side of the law, you could just do what most people still do--get the CD from amazon.com or just go to the record store and rip it. You don't have to use the iTMS to buy music.

    17. Re:Oh Come on. by MinotaurUK · · Score: 1
      4-year-old Santa Cruz DSP sound card

      Still one of the finest sound cards ever made in my opinion.

      Not sure about being able to reliably differentiate up to -q 10 though - I can only manager it up to about -q 6. Not saying I don't believe you - just amazed if you can differentiate up to that level. Have you ABX'd it?

    18. Re:Oh Come on. by Anonymous Coward · · Score: 1, Interesting

      correct, it's now "-preset standard" AFAIK. but good point, r3mix needs to die as it's inferior to the new presets.

    19. Re:Oh Come on. by glpierce · · Score: 1

      I don't know what ABX is.

      The differentiation in quality is dependent on the complexity, speed, volume, and bass content of the music. Essentially, Tom Petty will probably hit a ceiling at 8.5, but Mudvayne will overwhelm even the highest compression settings.

      --
      G
    20. Re:Oh Come on. by silicon+not+in+the+v · · Score: 1
      I'm torn between supporting Apple, a company I respect, or using another music service where I can get my music cheaper and supports my portable player.
      OK, I gotta hear the answer on this one. Name me a music store that is cheaper than iTMS, where you can get un-DRMed music that you can keep. I really want to know because up til now I haven't heard of any that are better than iTMS. These monthly subscription places that let you stream all the music you want, but not keep it don't count to me since I can't take it where I want in the car or whatever. I know it's a little inconvenient to have to burn the songs to a CD-R and then rip them to get DRM-free files, but that's better than anyone else is offering. If you're worried about using up CD-Rs, just check OfficeMax's website each week. About every other week they have 50 or 100 packs of them for free after rebate. (frequently with slim cases free after rebate, too)

      By letting you convert them to plain CD audio format, they are giving you an out, and I think that's more than any other store is doing. (possible exception the new Wal-Mart music store, but I haven't heard much of anything about it--format, ease of use, terms, etc.)
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    21. Re:Oh Come on. by Anonymous Coward · · Score: 0

      Burn protected AAC to CD Media.

      Rip with VBR --r3mix -b112 with lame or your favorite encoder.


      Or just burn the AAC to the CD and then reimport the CD to iTunes as whatever.

    22. Re:Oh Come on. by MinotaurUK · · Score: 1
      ABX = double blind test.

      i.e. The samples are played in a random order and one is unaware of which one is which. Ideally I suppose one should also not be aware of which formats are included in the test as sometimes (particularly doing low-bitrate tests) one might be able to listen out for particular nuances in the way the compression affects the sample.

      e.g. Vorbis preserves the frequency range more truly than AAC (in my opinion), yet AAC is possibly "cleverer" in allocating bitrate to the parts of the sample where loss of detail would be more noticable, even if it uses a highpass cutoff to do so. The encoders have probably improved considerably since I last did any serious listening tests though... over a year ago.

      Tom Petty will probably hit a ceiling at 8.5, but Mudvayne will overwhelm even the highest compression settings

      I pride myself on being culturally retarded and have absolutely no idea who either of them is I'm afraid. :)

    23. Re:Oh Come on. by tepples · · Score: 1

      And the 'compression' argument doesn't hold water unless you have a $10k set of speakers to listen to it on

      100 percent agreement so far.

      p> powered by a McIntosh analog amp.

      There's an amplifier inside my Macintosh computer, and I'm pretty sure it uses at least some analog circuitry in the signal path. Does that count?

    24. Re:Oh Come on. by vwjeff · · Score: 1

      OK, I gotta hear the answer on this one. Name me a music store that is cheaper than iTMS, where you can get un-DRMed music that you can keep.

      If you look at my first post I never said I wanted non-DRM music. I want native support for my Rio music player. In order to play music from iTMS I have to burn a CD and then re-encode.

      As I said before I like iTMS because of the great interface. I also download music from Walmart. At 88 cents a download, it is cheaper than iTMS and the format is supported on my portable. The DRM isn't too restrictive and the audio quality is great.

    25. Re:Oh Come on. by silicon+not+in+the+v · · Score: 1

      OK, granted. I did mention that Wal-Mart would be the only exception I could think of because they are cheaper. What format do they sell in? Are they some kind of mp3 with copy protection or something?

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    26. Re:Oh Come on. by silicon+not+in+the+v · · Score: 1
      OK, I'll save some time here by answering my own questions. I went to the Wal-Mart music store page to get some info on their service. Here is the stuff. Basically, it's similar to iTMS, but the price is 88 cents instead of 99, and it uses a different file format than iTunes.

      What file format do Music Downloads come in?

      Music Downloads from Walmart.com are 128-bit WMA files. The WMA format allows record companies to protect their music by using Digital Rights Management (DRM) encryption. This means that music downloads are legal, safe, and easy to use. The 128-bit WMA files also offer superior sound quality.
      Heh, ya gotta love that--using a comparative word like "superior" with no indication of what they're comparing it to.

      How many times can I burn a song onto a custom CD?

      You are licensed to burn a song to a CD 10 times. If you try to burn a CD after that, Windows Media® Player 9 will deliver a message indicating that you are not licensed to make any more burns to a CD.

      Where can I play the CD that I burn?

      When you burn an audio CD, you can play the CD on any optical CD player that plays music (e.g., your car stereo, home audio system, boom box, or portable CD player). Please remember that music downloads from Walmart.com are for personal use only and not for resale or commercial use, as indicated in the End User License Agreement & Usage Rules.
      There ya go. They've got the same workaround that iTMS has. You can burn to a CD and re-rip if you want ogg, or mp3 or whatever.

      What are the system requirements for using Music Downloads at Walmart.com?

      1. A Windows PC
      Most computers manufactured in the last few years will easily meet the minimum system requirements. If you have an older computer, here's what you need:
      233 MHz or higher processor (most computers meet this requirement)
      At least 64 MB of RAM
      A sound card
      Speakers or headphones (if you want to play music on your computer)
      An Internet connection
      If you're not sure about your computer, open the Control Panel and click on the icon for "System" (for Windows XP, you will find this in the "classic view"). A window will open that displays your computer's system profile, including processor speed, RAM and other information.

      2. A recent version of the Windows® Operating System. Your computer must be running the Windows 98se, 2000, Millennium Edition or XP operating system. (Note: Music you download from Walmart.com will not play on the Mac or Linux operating systems.) If your computer comes with Microsoft Internet Explorer already installed, please make sure you are using version 5.5 or higher.

      3. Microsoft Windows Media Player 9. Download the latest Windows Media Player from Microsoft for free. Windows Media Player 9 is able to play the WMA music files available at Walmart.com that have been protected by Digital Rights Management (DRM) encryption.
      The note about not playable on Mac or Linux because they use Media Player 9 to support the protected WMA format.
      Also they note specifically that iPods are not compatible since they don't play WMA format. They do allow you to transfer to a portable music device an unlimited number of times if it will play WMA format files. (which excludes the iPod)
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    27. Re:Oh Come on. by silicon+not+in+the+v · · Score: 1
      One more thing: In case anyone's interested, I found these sections from the Usage Rules agreement on the Wal-Mart music store.
      You are entitled to download, export, burn or copy Products solely for personal, noncommercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any Product or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any Product. No right, title or interest in any downloaded Products or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the Products are owned by WALMART.COM or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use the Products for personal use in accordance with the terms of this Agreement.
      Hmm, revocable license? I guess that's all the more reason to burn and re-rip^H^H^H^H^H^H^H back up your license files so WMP9 will always be able to play them.

      You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products, the Service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload those Products to the Internet. You may not use the Products in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the Products, including but not limited to, posting any Product for auction, on any Internet auction site. All Products are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Service or in this Agreement.
      Well, they are specifically prohibiting re-encoding the files. [HAL voice]I'm afraid I can't do that, Dave.[/HAL voice] That's trying to prevent fair use rights to get them into a format that my mp3 discman can play.
      I also see they're trying to shut down the issue of testing out "first sale doctrine" like the guy who tried to sell an iTunes song on Ebay.
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  70. The difference here is... by Anonymous Coward · · Score: 0

    ...that I'm not going to be giving the FSF any money this year if they're going to use it to support this kind of crap.

  71. Nope - Not if you keep it in-house. by Anonymous Coward · · Score: 0
    If you make it better, let us know how. Or we'll take you to court.

    You over simplified it; it should really read "If you make it better and distribute your changes, you need to make your changes available.

    It's quite legal to make all the changes you want to GPLed software and not tell anyone or give them away if you just keep your changes in-house.

  72. It's called FreeMe by Mitchell+Mebane · · Score: 1

    I would much prefer WMA and WMV to be hacked! I find that much worse than Apples iTunes!

    Here's a link. I haven't personally tried it, since I don't have any MS DRMed files, but I've heard it does actually work.

    --

    The roots of education are bitter, but the fruit is sweet.
    --Aristotle
  73. Kinda funny by kilbo · · Score: 5, Insightful

    Everyone here saying "but it only removes the copy protection, you still had to buy it" Same is true for CDs. Someone had to buy it somehwere. Didn't stop them from sharing them all over God's green earth. Expect the same with AAC files if this continues

    1. Re:Kinda funny by Anonymous Coward · · Score: 1, Informative

      CD's deliver a much better quality than iTune and are already the status quo for copying...

    2. Re:Kinda funny by phearlez · · Score: 1
      • The economics of buying the cd to rip & release are better - you can take that CD and resell it for some fraction of the cost you paid. Usually brings you under $10 if you had a coupon or something.
      • HYMN now leaves your purchasing info intact, making it even more undesirable to "catch and release" that way.
      --
      Bad management trumps ideology - Show the world you want better leadership. http://www.timefornewmanagement.com
    3. Re:Kinda funny by Alsee · · Score: 1

      As opposed to if PlayFair *didn't* exist, in which case we would all be safe and secure in the knowledge that no new song would ever appear on P2P.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Kinda funny by Anonymous Coward · · Score: 0

      Actually it's amazing how little the really hard core release groups actually pay for. Console groups often have people who work at Blockbuster or whereever just rip all the new releases. Movie rippers always seem to be getting their hands on screeners and whatnot. Although for music CDs, I dunno, maybe people actually buy them to rip.

  74. Support Hymn? Buy more iTunes songs!! by SuperKendall · · Score: 4, Interesting

    You want to show some support for Hymn? One way is to buy some iTunes songs, to show that increasing freedom of music only leads to more sales! If everyone from /. went and bought a song or two, that would show a nice jump.

    I plan to buy a CD or two this week to show that just because I can free up my music doesn't mean I'm going to stop buying or shipping my music out to everyone on the planet.

    You can also fill out a form to let Apple know you'd like Hymn to stay around and it will increase you purchases there.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  75. Another person who is just so wrong by Anonymous Coward · · Score: 0

    "Therefore the PlayFair people are pirates."

    No, they're people who want to use music they purchased in a way that Apple doesn't want you to... outside of iTunes.

    With this patch, I can use non-Apple players, I can move it to my other computer (without asking for Apple's permission).

    One thing it does not do is allow you to "steal" music. It requires you buy the music first, because the decryption depends on your personal key.

    So instead of grousing about people just making use of what they paid for, maybe you ought to take your beef up with RIAA and Apple trampling all over your rights.

    And for what? Overpriced, underperforming music?

    Shit. You'd sell your mother for a candy bar if that's how you feel.

  76. Interesting Change by localman · · Score: 4, Informative

    One change mentioned on the page (if anyone actually read it) is that the new version strips the DRM, but leaves intact the Apple User ID who originally purchased the song. That is pretty cool - as it give them some legal justification. If people share stuff they can be ID'd. This is perfect for me, as I just wanted to be able to play my songs on whichever computer I use but wouldn't share them with anyone other than my wife. (Which for all I know, might be illegal, but WTF is with that?)

    Cool

    1. Re:Interesting Change by loshwomp · · Score: 1

      [...] the new version strips the DRM, but leaves intact the Apple User ID who originally purchased the song. That is pretty cool - as it give them some legal justification. If people share stuff they can be ID'd.

      Which raises an interesting question: If you get caught with Loshwomp's AAC file, who is in trouble? You or Loshwomp? Record companies seem to be in the habit of going after sharers, but here's an analogy:

      Suppose I leave the keys to my DeLorean lying around, and you pick them up and drive off. We'd all agree that I was pretty stupid, but I don't think I've broken any laws. You, on the other hand, are guilty of grand larceny...

      By that analogy, only the receiver of unauthorized copies would be liable.

    2. Re:Interesting Change by Anonymous Coward · · Score: 0

      "...but wouldn't share them with anyone other than my wife. (Which for all I know, might be illegal, but WTF is with that?)"

      A good question. Technically, since you, not your wife, paid for the license it may be illegal. On the other hand, the concept of common property within a marriage may make it legal (implied joint ownership; unless you signed a pre-nuptual clearly delineating who owns what, which would clarify the matter). But since iTunes allows authorization on multiple machines, I would say that the question has already been answered in the terms of the license and the function of the software.

      Practically speaking though, nobody has ever been busted for giving a copy of a tune to a single person, and in reality the RIAA couldn't care less about one-to-one copying. So, unless you intend to put the files up on a publicly accessable P2P network, how would the RIAA ever find out? You can't prosecute what you can't see, and the RIAA doesn't have magical powers to locate copyright infringers (tin-foil hat not required).

    3. Re:Interesting Change by lordholm · · Score: 1

      Actually, in Sweden you get fined 1,000 SEK (around 110€) if you leave your keys in the car.

      --
      "Civis Europaeus sum!"
  77. India? by Gannoc · · Score: 0, Troll

    FSF India providing legal support.

    Hmmm. I wonder if businesses might start picking up on the idea that outsourcing their software to india might not be a great idea.

  78. Good Fences Make Good Neighbors by johndeerejedi · · Score: 4, Insightful

    I doubt Apple is seriously concerned about PlayFair. The purpose of a lock really is to keep honest people honest. It's just a minor inconvenience for someone determined to get at the contents. Apple just wants to make it trivial+1 effort to keep most people from breaking it because it's too much of a chore. That's why they let you burn it to a CD and re-import as MP3 or whatever, but not convert directly to MP3--to make it too much of a hassle for most users to massively violate the agreement.

    1. Re:Good Fences Make Good Neighbors by Tokerat · · Score: 1


      Not only that but artificats left in the CD copy from the AAC compression become more noticable when recompressed with MP3, so the quality suffers and that's more acceptable to the music industry than full-quality copies floating around.

      --
      CAn'T CompreHend SARcaSm?
    2. Re:Good Fences Make Good Neighbors by Anonymous Coward · · Score: 0

      Well judging how fast they upgraded to FairPlay to version 2 is an indication that they are not happy with PlayFair stripping the DRM... Not to mention the C&D letters to sourceforge and the Indian OSS project host.

      It's not much of a chore... The original PlayFair executable was a command line application where you typed in playfair inputsong.mp4p outputsong.mp4a and then it was converted. But then as of version 0.5 they added a GUI where you can drag and drop and it will convert. So as far as ease of use goes, it's really really easy to convert the mp4p to mp4a format.

    3. Re:Good Fences Make Good Neighbors by Anonymous Coward · · Score: 0

      That's why they let you burn it to a CD and re-import as MP3 or whatever, but not convert directly to MP3

      Who says they let you do that? It might simply work out that way because there's no way they can create a CD that's protected and compatible. Go check the license and see if they really do allow this or not.

    4. Re:Good Fences Make Good Neighbors by Alsee · · Score: 1

      Actually Apple is opposed to DRM.

      The only reason Apple is used DRM is because the RIAA cartel's restraint of trade prohibiting any online sales at all for a half-decade, and only deigning to permit any legal sales now under oppressive terms.

      The only reason Apple will respond to PlayFair is because the RIAA would shut them down. There is actually no free market competition between music download services, all services operate under strict RIAA terms.

      I'd wager the reason Apple got away with slightly more generous terms than any other service (and thus the reason iTunes is the only sucessful service) is because the RIAA didn't take the 1% or 2% Apple market seriously. Apple made a pest of themselves fighting for better terms and the RIAA let things slide a little to wrap up an irrelevant little annoyance. The RIAA actually cared about getting Apple on board to ward off anti-trust action. They needed to create the image of competition in download services and they needed to avoid being seen locking out anyone except Windows.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:Good Fences Make Good Neighbors by johndeerejedi · · Score: 1

      The license agreement allows you to burn the same playlist full of songs 7 times, and you can put the same songs in different playlists to burn regular audio CDs from them as many times as you want. From there, you can re-rip the audio CD as an MP3 or whatever you want. Apple fought hard for the terms, which they deem "fair use", that you should be able to use your music in multiple formats etc. They only included the DRM limitations to make it more than a trivial thing for you to share out your whole collection on a P2P, but you can still do it (not with their blessing) if you really want to go through the extra hassle of burning the CDs, the time invested, etc. etc. Instead, many people will either go for the low-hanging fruit or just not bother going through all that trouble to share their songs.

      The same is true of pursuing PlayFair authors and download sites. All they have to do is make it one step above trivial and most users won't bother to do the google search to find it or download the latest version, etc. OTOH, someone determined will always crack the DRM and they know it. Why bother really chasing that down the rabbit hole when you don't really need to, especially when it will be a futile, quixotic effort that will garner you nothing but ill will?

    6. Re:Good Fences Make Good Neighbors by Anonymous Coward · · Score: 0

      making things "trivial+1" has nearly no effect: if software (like this) is available to subtract the nontrivial bit then they are back at square one. this leads me to wonder why they would try to do this in the first place... anyway, apple will be paying for it if they continue this silly little war with the crackers, and at some point the managers will realize that this is a hopeless battle.

      then again, i wouldn't buy music in this format anyway. warp records has the right idea with bleep. anyway, here's what i want: i buy the music once in my life, and thereafter i can get the same tracks in any (Free or not) format I desire. maybe even a third party could hold onto the masters in case the record companies go under. authentication will be a challenge but it is not impossible to manage.

    7. Re:Good Fences Make Good Neighbors by johndeerejedi · · Score: 1

      Yes it is trivial+1 because you have to find, download, and install the software, and then use it to convert the files. It would be about as quick to just burn it to an audio CD (except the software will allow you to do it quicker with subsequent file conversions). Now I send a few cease and desist orders to the host of the website, or change my encryption and Playfair(n+1) comes out and you have to find it and so on. I think it's convenient enough to convert stuff for my private use, but just annoying enough that I would think twice before wasting my time sharing out my music collection on Gnutella/Kazaa/et al.

  79. You are incorrect by Anonymous Coward · · Score: 0

    Sharing of CD's is okay. Always has been.

    Making a 2nd copy of a CD is okay for use in listening in your car. Always has been.

    You're a victim of brainwashing if you think that's not true. Its only been recently that the media cartels have assaulted our fair use rights.

    If that's okay with you fine. But some of us will ignore EULAs and make use of our rights.

    its not about "stealing" music, its about using music we've paid for in a way that suits us, not apple and the riaa.

  80. More Apple-related hypocrisy by Sanity · · Score: 2, Interesting
    You are legally allowed to yield your fair use rights when entering into a contract, which everyone who uses the iTunes service does.
    Not if they are drunk, or a child, or any one of the multitude of other things which make click-through agreements legally suspect.

    How come all it seems to take is the mention of Apple, and all the things slashdotters normally hate, such as DRM, and restrictive click-through agreements that prohibit reverse engineering, suddenly become the best thing since sliced bread?

    1. Re:More Apple-related hypocrisy by Surt · · Score: 1

      I'm sure most of apples customers are underaged drinkers.

      Also, slashdot is a group of people, with many different opinions.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  81. Parent is funny by Lord+Kano · · Score: 1

    I'm not sure why it was modded down.

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  82. False by Anonymous Coward · · Score: 0

    "AAC encodings have more quality for size. It is making copyright infringement more efficient."

    This is so over the top stupid, but I hear Apple fanatics say it all the time.

    A few FAQ's here for you genius:

    1) One codec will produce the same *size* file as another at the same bit rate
    2) AAC in listening tests seems to be sound better than MP3 at the same bit rate, but on the other hand, 192kb/s MP3 have been shown to be a better sonic quality than 128kb/s AAC's

    "Structured society is all about trading certain rights for benefits,"

    Those rights are already well defined in existing copyright law, including Fair Use exceptions. You seem to be willing to trade Fair Use away so you can get sub-par music quickly. I'm not.

    "It's called being an adult."

    Part of being an adult is to know when to say NO to new and shiny. Life isn't all about instant gratification. Instant gratification says "I'll trade my fair use rights so I can use my iPod better". That's called being an adult, too.

  83. Are they? by Anonymous Coward · · Score: 0

    It's not like fairplay has to break an encryption scheme; it just has to break an obfuscation scheme. It's hard to call DRM "encryption" if you give the freaking private key to the people from whom you're trying to hide your data, but that's what you have to do if you want them to be able to play it at all.

    1. Re:Are they? by Anonymous Coward · · Score: 0

      Smartest post last, as usual. Oh well.

  84. obligitory steve jobs quote by cygnus · · Score: 5, Insightful
    found here:
    When we first went to talk to these record companies -- you know, it was a while ago. It took us 18 months. And at first we said: None of this technology that you're talking about's gonna work. We have Ph.D.'s here, that know the stuff cold, and we don't believe it's possible to protect digital content.

    ...

    And it only takes one stolen copy to be on the Internet. And the way we expressed it to them is: Pick one lock -- open every door. It only takes one person to pick a lock. Worst case: Somebody just takes the analog outputs of their CD player and rerecords it -- puts it on the Internet. You'll never stop that. So what you have to do is compete with it.
    apple *expects* this stuff to get hacked lickety split, people. they aren't even trying to protect it that much...
    --
    Just raise the taxes on crack.
    1. Re:obligitory steve jobs quote by Geoff-with-a-G · · Score: 1

      Yes.
      We're talking about economies here, so the question isn't whether or not something is possible, but whether or not it is worth the effort.

      As I see it, even with "HYMN", or whatever they're calling it by the time I post this, the piracy angle still requires that some guy actually pay for music off iTunes, then run the DRM-removal tool, then share the files.

      I don't think the vast p2p community existed because every user was driven to go out of their way for the glory of fighting RIAA (although many of the crowd around here might). I figure they were people who ripped CDs for their own convenience (like I do), then figured they might as well share those files while they were trying to download others. If you want a demonstration of how lazy the average p2p source user is, look at how often the encoding quality is poor, or the tags are mislabeled.

      I figure by adding an extra step, they're actually reducing the degree to which their files get shared, substantially. Sure, it's not 100% protection, but it doesn't have to be. It just has to be enough to run a business.

    2. Re:obligitory steve jobs quote by Alsee · · Score: 1

      reducing the degree to which their files get shared, substantially

      What difference would that make? It doesn't matter if there is one initial copy on P2P or a hundred - it will replicate and stabilize at the exact same final distribution either way.

      The only effect DRM has is to cripple the product and drive away customers. Since the RIAA cartel restraint of trade only permits crippled download sales, customers who are driven away by crippled products can only quit the market entirely or move to P2P. The use of DRM has never kept a single song off of P2P or diminished the distribution of any song. In fact the only thing DRM has done is enlarge the P2P base and thus ultimately increased P2P distribution.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  85. Cracking the Fairplay DRM hurts everyone. by aristotle-dude · · Score: 1
    If this continues, the Record labels may end up demanding even greater restrictions on Fairplay.

    Don't like the current terms? Don't buy off the iTMS. Nobody is holding a gun to your head.

    I hear some people say they want to play iTMS songs on their linux box. There is a simple way to do with, burn them onto a CD with your mac or windows box.

    The guys writing Playfair are obviously amoralists. Please go away and get some help with your sociopathic issues.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  86. You can't find it elsewhere? by silentbobdp · · Score: 1

    There's nothing truly compelling on iTMS that can't be found physically or on p2p. If you want to use songs with your non-iPod player, buy the fucking cd or just get it for free like you probably do anyway.

    Half the people here crying out "it's about fair use!!111" probably don't use iTMS anyway. I -do-. I also recently bought an iPod. Not because I couldn't listen to the purchased songs on anything else - I owned a -cd player- before this. I just find that the iPod suits me better.

    Really if you're spending that much money on iTMS, why would you buy a different player? No one's going to spend $600 on there but buy a different mp3 player for their ~20 .ogg's.

    --
    --Moo.
    1. Re:You can't find it elsewhere? by Anonymous Coward · · Score: 0

      It's all about the economics.

      I have spent perhaps $50 at the iTMS so far. I would like to add to this an aac player that costs $150 or less. The more space the better, but the price is my limiting factor. If PlayFair worked on an iPod-less Mac, I would be looking at $200 total cost.

      The first alternative is to get the iPod. I would go for a mini probably, which is $250. Total would be $300.

      The second alternative is to buy the CDs. I've pretty much bought single tracks, so I'm guessing to get the same music from CDs would require me to purchase maybe 20 discs. If the average is $16 each, the total price for that is $320. Add in the mp3/aac player and the total is $470.

      Just look at the costs here. $200 versus $300 versus $470. I'm not interested in violating plain copyrights at all, so p2p is not an option. I don't care about the DMCA, so hymn is an option. The choice is obvious. Use iTMS, use hymn, and buy the cheaper player.

      Since I can't use hymn on an iPod-less Mac though, I'm excercise the other alternative and simply not buying anything new. It's annoying at times, but I can live without the music. The music industry on the other hand...I'd like to see them live without the money.

    2. Re:You can't find it elsewhere? by TheoMurpse · · Score: 1

      for one thing, a dell jukebox is around 200 bucks...the equivalent ipod is like 400...that's $200 i could use on music...200 songs on iTMS man...that's around 15 standard CDs of music...
      so yeah, i think that it's worthwhile to get my iTMS to run on my jukebox

  87. You've lost the plot by Anonymous Coward · · Score: 0

    trying to argue against FairPlay, you've now argue that downloading is illegal.

    Duh.

    PlayFair does NOT allow you to download files from the internet. It removes the DRM that blocks fair use.

  88. Mirror in US, on University connection by Anonymous Coward · · Score: 4, Informative

    The site is becoming slow. I have a fast Internet2-enabled University connection, so anyone can download quickly from these. This has enough bandwidth for all of you. :)

    It's probably a DMCA-banned circumvention device, but these are my last days on ResNet. *sniff*

    Here's a mirror:

    UNIX-style source: http://128.220.38.69:8071/hymn-0.6.0.tar.gz

    Windows binaries: http://128.220.38.69:8071/hymn-0.6.0.zip

    Mac binaries (with GUI): http://128.220.38.69:8071/hymn-0.6.0.dmg

    You can check my MD5SUMs against the official ones, http://hymn-project.org/download/MD5SUM .

  89. Hmmm.... by T'hain+Esh+Kelch · · Score: 0

    "How will Apple respond?"
    They will hire Cowboy Neal to beat the crap out of them with a big stick!!!

    AaaarrrrrRR!!!!

  90. Remind me... by Rick+Zeman · · Score: 1, Troll

    ...to never give the FSF a penny. Or a rupee, in this particular case.

    1. Re:Remind me... by Anonymous Coward · · Score: 0

      Why would a Fair Use hating Mac zealot need to be reminded of that?

    2. Re:Remind me... by Rick+Zeman · · Score: 1

      Why would a Fair Use hating Mac zealot need to be reminded of that?

      Fair Use hating? Since when? Oh right, it's because my definition of Fair Use doesn't include 100k of my closest friends in addition to me....

  91. Mod parent up, it's a mirror by paulproteus · · Score: 1

    The parent of this comment is a mirror of the files. It seems informative.

    --
    |/usr/games/fortune
  92. Just a minor niggle by and+by · · Score: 1

    Minors may enter into binding contracts, there's nothing stopping them from doing so. The difference is that minors' contracts are usually voidable to the loss of the non-minor party to the contract. The exception is for "necessaries," something like necessities, but more stringent (i.e. when there's another source for a necessity, it's not a necessary). All of this is based on Anglo-American jurisprudence.

    Essentially, if you're under 18, you can make any contract, hold the other party to it, etc., but (exceptions aside) you can always get out of your obligations.

    1. Re:Just a minor niggle by Anonymous Coward · · Score: 0


      Minors may enter into binding contracts, there's nothing stopping them from doing so. The difference is that minors' contracts are usually voidable to the loss of the non-minor party to the contract. The exception is for "necessaries," something like necessities, but more stringent (i.e. when there's another source for a necessity, it's not a necessary). All of this is based on Anglo-American jurisprudence.

      Essentially, if you're under 18, you can make any contract, hold the other party to it, etc., but (exceptions aside) you can always get out of your obligations.


      It doesn't just stop at this.
      There is a case where contracts by minors are enforceable.
      Basically, If a party can show that the minor lied about their age, then the contract is not voidable. On the otherhand, if the party was simply too lazy to properly verify age, then the contract is still voidable by the minor on grounds of minority.

  93. Turn the question around, grasshopper... by Anonymous Coward · · Score: 0

    and you will get the anwer:

    Why NOT break a DRM that can be easily broken.

    Path to enlighenment is via changing perceptions...

  94. fap fap fap uuuuuuuuungh by Anonymous Coward · · Score: 0

    The ultimate slashdot fantasy! riaa vs. Microsoft

  95. Get on WM9, boys! by hethatishere · · Score: 1

    "How will Apple respond?" By hacking Windows Media Player 9's DRM themselves because the so-called L33t haxx0rz seem too lazy to do it themselves and seem to only want to damage Apple's ability to "protect" the Industry's Intellectual property, which only makes Microsoft's push to control everything more convincing as they hold the unbroken DRM seal.

    --
    Something intelligent here.
  96. HTML by cpsc2005 · · Score: 1

    I love how they don't close their nobr causing a lack of linebreaks throughout the page (depending on the browser you use, as is not standard HTML, but an extension.)

  97. Akamai by Sophrosyne · · Score: 1

    It's about time Apple put Akamai to some real work--
    DoS attacking India

  98. Not buying the music? by MacDork · · Score: 4, Informative
    • And if you have that you're just a cheap a$$ bastard for not buying the music. ;)

    Last I heard, you had to actually purchase the music and have a iTMS account for Fairplay to work. It won't work on that AAC file you grabbed off of Kazaa, because you don't have a valid key to begin with. This is clearly a fair use issue, not one of copyright infringement.

    I just burned my ability to mod this discussion, but that had to be said.

  99. legal in Canada - was Re:On whose behalf? by Anonymous Coward · · Score: 0

    BTW, in Canada, downloading music from the internet for your personal use is explicitly legal. Further, based on a recent court ruling it appears that leaving files in a folder available for sharing is also legal (so long as it is other people pulling them from you rather than you pushing them).

  100. What apple should do by Unregistered · · Score: 1

    Is realease a Fairplay codec for xmms, etc. If one can play iTMS files on linux, odds are that people will stop cracking it since if they wanted to "steal" music, there are easier ways.

  101. It does not work. by plj · · Score: 1

    It only worked with the very first versions of WMP 7 for W9x/2k (when the MSDRM v2 first appeared), but MS soon patched it, and the patch was bundled with a security update.

    And yes, I've tested it myself, back in 2002. I no longer have any machines running Windows, but i still have this screenshot, taken from WMP8.

    As you can see, the DRM terms of the files were pretty draconian - one could not even back up licenses. As a result, when I was forced to re-installed Windows, the files were rendered unusable (as the licenses were lost). I still have them analogically re-recorded, but for my ears at least, the quality is not the same.

    For anyone interested, the files were downloadable for those, who had purchased a limited edition of Nightwish album called Century Child. They included their old demo songs, which have never been published anywhere else.

    --
    “Wait for Hurd if you want something real” –Linus
  102. Funny by Anonymous Coward · · Score: 1, Funny

    "The guys writing Playfair are obviously amoralists"

    I agree. As someone else put it so beautifully, apple is doing the equivalent of giving us mother's milk, perfect and pure with iTMS.

    To break it is so, so wrong. I'm afraid my iPod will no longer work, and I'll have to go back to buying CD's.

    I like iTMS, because it lets me show my support for Apple. I try to wear Apple branded clothes and a bumper sticker to show other people that I support apple. I feel good about myself when I do that.

  103. Re:PPC Emulator for x86 runs Mac OS X !!! by j0kkk3l · · Score: 1
    Gotta try to persuade my PC friend to install it. He's been having trouble with his fedora install. This should relief him of his sorrows since he can run OS X now on that machine!
    the client will run about 500 times slower than the host) Same on my mac ;)
  104. One more thing... by Otto · · Score: 1

    "... and it's perfectly ethical to do this."
    That's an opinion, not a fact. I personally think that using software that may lead the RIAA to kill iTunes is unethical because it screws me.


    Wait a second here.. How is me decrypting music leading the RIAA to kill iTunes in any way? Answer: It ain't.

    Look at it this way.. say I developed equivalent code to Playfair, for my own usage. Never released it to anybody. Just used it myself to exercise my fair use rights. Decrypted my purchased music, converted it to a format compatible with the player I bought in a store, and happily listened away.

    Where is that unethical? I paid for the music. I paid for the player. I've not done anything illegal. Okay, I broke the iTunes usage terms, but beside that, where has any wrongdoing occured? The RIAA wouldn't know. Apple wouldn't know. There'd be no issues whatsoever with this.

    No, what you are arguing is that RELEASING CODE to allow others to exercise their fair use rights is somehow unethical. You're saying that because now everybody can exercise their fair use rights, and because it's reasonably easy to do so, that somehow that's unethical. You're saying that it's unethical for me (as a developer) to tell other people (by handing them a piece of code) how to do something that's perfectly legal for them to do (indeed, protected by fair use). You're saying that's unethical?

    I admit that under the DMCA, me handing out that code might indeed be illegal, but unethical? I can't see how you could successfully argue that.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:One more thing... by gfxguy · · Score: 1

      I'd like to see where, when one party brings another to court on a civil matter, they need to show how the second party harmed them.

      I've seen too many cases won on the wording (and not really the intent) of copyright laws where the suing party was not being demonstrably harmed.

      In the case of the RIAA, they simply don't want to lose control, even though they can't show it's hurting them.

      MyMP3.com is a good example of laws gone bad.

      --
      Stupid sexy Flanders.
    2. Re:One more thing... by Entropy2016 · · Score: 1

      "Wait a second here.. How is me decrypting music leading the RIAA to kill iTunes in any way? Answer: It ain't."

      How long do you think it'll be until someone uses it to write a new P2P client that has built-in DRM stripping? Once that happens, the RIAA will kill iTunes. If PlayFair (or HYMN) were closed-source, I wouldn't be debating with you.

      Here's an analogy: Mercury (the metal) is illegal to own in anything other than very small quantities (at least where I live). It's illegal because it has great potential to harm, despite its potential benefits.

      Ethics always boils down to a conflict of opinions. I'm pretty sure our argument revolves around conflicting answers to this question:
      Do the potential bad uses (stealing) outweigh the potential good uses (DRM stripping)?

      PS: Trying to discredit someone because they misspelled one word is somewhat juvenile & anal. When you do that, you immediately lost more credibility than I did for originally misspelling the word.
      - - - -
      Regardless, I do hope you have a good day.

    3. Re:One more thing... by Otto · · Score: 1

      How long do you think it'll be until someone uses it to write a new P2P client that has built-in DRM stripping?

      Umm... why in the four hells would anybody want to do that?

      Look, it's obvious that you don't spend a lot of time on P2P networks, but I've never seen any client with any file munging utilities built in. I mean, early WMA versions is cracked too, and there's no automatic WMA stripper.

      It's just not the kind of thing you'd put in a file sharing client. For one thing, it exposes the file sharing client itself to liability claims. File sharing is legal. Under the DMCA, distributing tools to strip DRM probably is not.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    4. Re:One more thing... by Entropy2016 · · Score: 1

      "It's just not the kind of thing you'd put in a file sharing client. For one thing, it exposes the file sharing client itself to liability claims."
      Point noted. But application integration isn't new. Look at Acquisition (for OSX). It's had iTunes integration for a long time. Personally, I think if they did one right now, it would be legal since I see no difference between an app that strips DRM and an app that strips DRM and shares files.

      "Umm... why in the four hells would anybody want to do that?"
      To steal.

      "Look, it's obvious that you don't spend a lot of time on P2P networks"
      You're almost correct. I do spend less time on them than I used to (before iTunes' store), but each time I do go on, I see more AAC, so AAC's popularity is growing, so such a feature becomes increasing more tempting to irresponsible coders.

      If/(when?) DRM stripping features appear in P2P software I doubt they would be hard-coded into the app (like you said, liability reasons). If P2P apps were to support plug-ins, it would be perfectly legal and ethical. The only ingredient left is a DRM-cracking plug-in that's uploaded onto a foreign server. The feature is more practical than you might think.

      Worst case scenario:
      iTunes dies, but RIAA still feels threatened by the GPL since it undermines their DRM business strategy, so they pool their lawyers with Microsoft's and SCO's to directly attack the GPL itself. A whole new wave of viruses and worms would be unleashed. Linux supporters get blamed for the new viruses, making the OSS platform look bad, killing their case.

      (Please don't take the last paragraph as an arguing point, it's more like a tinfoil-hat doomsday joke)

    5. Re:One more thing... by Otto · · Score: 1

      Personally, I think if they did one right now, it would be legal since I see no difference between an app that strips DRM and an app that strips DRM and shares files.

      Probably not, but that's a pretty pointless comparison. How about comparing an app that shares files with an app that strips DRM and shares files. This is a much more telling comparison.

      See, sharing files is fine and legal, if they're your files. You don't need to strip DRM off your own creation to share it, because it has no DRM that you didn't put in there. You created it. This is why file sharing apps are legal, because they have a legal purpose.

      Stripping DRM has a legal purpose too, as we've discussed already. It enables Fair Use of the content that you have purchased. However, Fair Use notably does not include copyright infringement.

      So combining them has no legal use. A DRM'd file is almost by definition copyrighted by somebody else. Integrating a DRM stripper with a file sharing app has no legit purpose other than enabling the user to commit copyright infringement. Which is why it's a bad idea, and I think most everybody who creates P2P file sharing applications is capable of recognizing this distinction. The users may not be, but they aren't programming the applications they're using to share files.

      To steal.

      It is not stealing and it is not theft. It's copyright infringment, which is a wholly separate criminal act. Please use your words correctly. Sloppy use of words leads to sloppy thinking. ;)

      I see more AAC, so AAC's popularity is growing, so such a feature becomes increasing more tempting to irresponsible coders.

      I grant you this one. The use of AAC is growing, by leaps and bounds. However, very little of the AAC I've seen out there was purchased from iTMS. Mostly, people who are sharing this stuff are ripping from CD's, using iTunes. I have seen a couple of instances where "iTunes exclusives" have been converted by the process of burning and ripping, but those are pretty few. I've also seen a disturbing amount of AAC out there that was obviously transcoded from MP3, which I'm not happy about.

      But as for "irresponsible coders", I don't quite agree. The people who code the most popular file sharing apps are very responsible about this sort of thing, because they're skating the edge and they know it. Going after the file sharers themselves is hard and difficult, but going after the people who write the file sharing apps is very, very easy. So they tend to not encourage copyright infringing activities, and not put in bits in the code that very directly enable such activities. Go read some of their developers forums and you'll see what I mean.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    6. Re:One more thing... by Entropy2016 · · Score: 1

      "So combining them has no legal use. A DRM'd file ..."
      Point taken.

      "It is not stealing and it is not theft. It's copyright infringment ...".
      Yeah, I was sloppy. (Point taken).

      "The people who code the most popular file sharing apps are very responsible"
      I half-agree. They know they must be careful, so they are, but if the app is written with the intent of a functionality that amounts to copyright infringement (see, the monkey can learn!), they can still be considered irresponsible (despite being legally safe).

      Besides, I was originally referring to only the plug-in programmers as "irresponsible" but hadn't mentioned the plug-in yet (I know the P2P apps guys are very careful). Still, a DRM-cracking plug-in for a legally-legit program could become a huge problem.

    7. Re:One more thing... by Otto · · Score: 1

      Still, a DRM-cracking plug-in for a legally-legit program could become a huge problem.

      Agreed, but I don't know of any P2P programs that support a plug-in architecture. At least, none that offer that level of capability to their plug-ins.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  105. Re:looks like its time. by Anonymous Coward · · Score: 0

    Yeah so what. This doesn't hurt apple a bit, it doesn't hurt the riaa a bit, and it makes everybody's life easier.

    The only people reacting to this are knee-jerk Apple defenders. If you find yourself *angry* about this program, you fit into this category. Please just go hang yourself, because you're being a stupid PITA.

  106. Taking away our rights hurts everyone by Anita+Coney · · Score: 3, Insightful

    Right now, under the laws of the United States, we have the right to make music compilations and give them to friends and family. There are no limits to how many times we can do this or how many people we give them to. DRM takes away that right away.

    If you feel like turning over your rights to corporate America, then so be it. Fortunately, not everyone shares your view.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Taking away our rights hurts everyone by betsywetsy · · Score: 1

      huh? you can burn to cd and give the cds away. same as making a mix tape - no, probably easier.

  107. A little too close for comfort by thatguywhoiam · · Score: 2, Funny
    Cracked DRM? Damn those anti-corporate open-source hippy weed-smokin' bastards! Leaked Windows source code? Damn those anti-corporate open-source hippy weed-smokin' bastards! A new worm that only affects Outlook or MSIE? Damn those anti-corporate open-source hippy weed-smokin' bastards!

    And I for one welcome our new anti-corporate open-source hippy weed-smokin' bastards.

    --
    If Jesus wants me it knows where to find me.
  108. My point by Anonymous Coward · · Score: 0

    To you, HP is the most important point. That's fine. To others, it would be reputation. But it would be silly to say "Only buy this brand of car because its good enough".

    1. Re:My point by OrangeTide · · Score: 0, Redundant

      "reputation" ? reputation for what? Sounds a bit arbitrary to me.

      People buy Hondas because everyone else buys Hondas. There isn't a clear reason behind it that I have been able to discern. (and I recently spend a few months shopping for a new car and settled on a Chrysler. mostly because they had the better deal on fianance and I'm somewhat tall and fit better in a larger car).

      Also my car has the HP of both of yours combined. not that it was even a selling point for me.
      I have no idea what the reputation of Chrysler is, nor do I care. Also it helps when looking for my car in a parking lot that I'm not driving the same thing everyone else is.

      --
      “Common sense is not so common.” — Voltaire
    2. Re:My point by Anonymous Coward · · Score: 0

      Stop it. I was making a point.

      I don't own a Honda, I own a BMW. And its pretty f'ing fast.

  109. Schweet by bahamat · · Score: 1

    Now all I need is faad to support Apple Lossless codec and I can listen to everything I own on Linux.

  110. 3 Machine limit is why i use by gsfprez · · Score: 2, Interesting

    because i'm pretty savvy at getting rid of my 9-18 month old macs on eBay, i'm often turning over my computers.

    twice now, i've had a machine leave me without deauthorizing it. once because i forgot to, and once because it died on me totally (iBook repair program).

    So i have yet 1 machine that is authorized - and rather than do an XP-like "mother may I" call to Apple to pay for music i've paid for - i'd rather just run this app, move my music to whatever machine i've got - and keep buying more music.

    there are lots of good reasons for this - few are bad - and since my ID is still attached - its not like i could easily get away with using it on a P2P anyhow.

    I use iTunes because it works better than p2p, and will keep on doing so so long as Apple doesn't stop me from using what i've bought.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  111. Re:PPC Emulator for x86 runs Mac OS X !!! by phillymjs · · Score: 3, Funny

    Due to the nature of emulation, PearPC is quite slow (the client will run about 500 times slower than the host).

    So PearPC is written in Java, then?

    Ba-ZING!

  112. how abou slapping everybody with the same shovel? by rozz · · Score: 0

    Microsoft's WMA technology included DRM long time ago, still nobody was able to touch it up to now ... Apple releases the same kind of tehnology and gets busted in LESS THAN 24 HOURS! ... and not for the first time!

    and consequently, what's everybody on /. doing?

    bitching the whole day about the bad-quality software released by MS and the great, secure, stable and so on stuff that Apple makes ... simply amazing!

    --
    "There is nothing more frightful than ignorance in action." Johann Wolfgang von Goethe
  113. Re:looks like its time. by theLOUDroom · · Score: 1

    Fairplay does not deny your right to fair use.

    True. Fairplay LIMITS your right to fair use.
    While fairplay doesn't prevent you completely from exercising your fair use rights, it does severely limit them.

    Fair use does not gurantee you to the right to a perfect copy.
    Actually it does. You have the right to make a perfect digital copy, IF YOU CAN. Playfair makes it so this is possible.

    --
    Life is too short to proofread.
  114. Steve Jobs ROCKS! by sadler121 · · Score: 1

    Yet another reason I LOVE Steve Jobs and HATE Bill Gates. Got to love a guy who built his companies first computers in his garage. Steve Jobs knows whats up, Billy just knows buisness.

    His only BIG buiness mistake was closing down the hardware and making it propitary. If only Apple would A) port OS X to x86's or B) let the OSS community do it for them, I would most likly be running OS X rather than Gentoo Linux. (I know thats blasphamy :-P)

    1. Re:Steve Jobs ROCKS! by Anonymous Coward · · Score: 0
      Yet another reason I LOVE Steve Jobs and HATE Bill Gates. Got to love a guy who built his companies first computers in his garage. Steve Jobs knows whats up, Billy just knows buisness.


      You're kidding, right? Microsoft didn't just spring up and take over the world.


      Oh yeah:
      Microsoft == closed software
      Apple == closed hardware


      By the way, Jobs' "big mistake" is the only reason that Apple is still around.

  115. Re:PPC Emulator for x86 runs Mac OS X !!! by j0kkk3l · · Score: 1

    Found some more screenshots in a german forum. Seems to work well enough. Though he reports menus take 2 secs to drop down. Not that bad.

  116. Re:Support Hymn? Buy more iTunes songs!! by sadler121 · · Score: 1

    Ok, slighty off topic, but now knowing that there is software to rp out Apples DRM, has anyone gotten the windows port of iTunes to run under WINE? Guess I could just run iTUnes and Hymn on my PowerBook, and transfer teh files over to my Linux Box once the DRM is ripped out. ;-)

  117. It's 5 machines now by sjdownes · · Score: 1

    The limit was bumped up to 5 machines recently. That helps a little bit.

    It would be nice though if Apple let you deauthorize a machine from their web site. People will forget to deauthorize machines before they sell them. It would be a lot easier to deauthorize via the web rather than requiring that you contact Apple.

  118. Anywhere doesn't start with N, but Nowhere does by CrystalFalcon · · Score: 1

    Anywhere doesn't start with N, but Nowhere does.

    Hear Your Music Nowhere?

  119. It's about the history. by MisterSquid · · Score: 2, Informative

    Keep in mind that I am not trying to defend Microsoft's DRM, my position is that BOTH DRMs are bad. Anyway, my real question is, what makes Apple so perfect and Microsoft so wrong?

    It's a simple matter of history. For the past 10 years, Microsoft has behaved atrociously in any market where they have had a stake. They have run roughshod over consumer interests, antimonopoly laws, and have singlehandedly destroyed free market competition.

    While no one can be sure, many of those who mod pro-MS DRM (or pro MS anything) negatively are relying on their historical knowledge of MSs behavior. Apple generally have not abused the markets in which they compete (though they have been known to do so: e.g. Final Cut Pro, though that is debatable given Adobe's letting Premeire languish).

    So, long story short, people mod pro-MS posts negatively and pro-Apple posts positively because they recognize that the two companies are DIFFERENT. It's not only what you say, but of whom you say it, and let's be realistic. Given the chance, MS would almost certainly use any DRM scheme it controlled in a way that abused its monopoly position. Apple doesn't have a monopoly it can abuse. Its lead in digtial music sales is independent of its horrifyingly low desktop market share.

    In context-sensitive debates involving IT, it does matter if you are talking about IBM, SCO, Apple or, Microsoft. Funny that you can't seem to understand that people use what they know when deciding whether to moderate up or down.

    --
    blog
  120. If you move... by gimpboy · · Score: 1

    So if you are say a graduate student in the United States and you move back to India after having purchases some music on itunes what do you do? Are you legally obligated to delete them?

    If you are on a business trip to India, is it then legal?

    --
    -- john
  121. Stupid by Anonymous Coward · · Score: 0

    Bill gates started teh same way as jobs.

    They're two peas in a pod. Steve Jobs just seems hipper. You're the kind of guy who thinks "TOMMY BOY" on a sweater makes it "cooler".

    Its all about image.

  122. Wondering the same thing by SuperKendall · · Score: 1

    I had the same question, I'd really like to convert my workstation to Linux and still use iTunes. It is nice that at least I can play my iTunes musci there now.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  123. You can't sign away those rights... by Otto · · Score: 1

    The iTMS is a service, not a God-given right, and if you don't agree to the terms of the contract...

    I agree to the terms of the contract that do not violate the law. However, no contract can supersede the law in these matters. The anti-reverse engineering clause, for example, is illegal, or at least unenforcable. I have the right to reverse engineer for several purposes, including compatibility. Even says so in the DMCA of all places.

    Just agreeing to a contract can't take away rights that the law may give you. That's why there's always a clause at the end that says if any part of the contract is voided due to supercedeing law, the rest of the contract still applies.

    So here's the deal: I *can* decrypt my purchased music, and I *can* convert it to other formats, and I *can* put it on other players than the iPod. And I can do all this and *still* be abiding by the terms of that contract. Because these are rights that you can't simply click away from yourself.

    This is moot for me, BTW, as I own an iPod, but the point still stands.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  124. Free Market efficiency by nuggz · · Score: 1

    So when there is no need for manufacturing companies, they will collapse. Isn't that the point of capitalism? Things that aren't needed don't exist.

    Marketing will be important, I'd say more important. With nearly unlimited options you'll have trouble choosing the right or best one.

    Copying other designs may happen, but then many will pay a premium for custom work.
    I will trade a custom car design for some custom art.

    Read a bit more science fiction, there are many solutions to these problems.

  125. Show me the money by SuperKendall · · Score: 2, Interesting

    There's really nothing else that Apple can do. If they ignore PlayFair, the RIAA will surly pull the plug on iTunes.

    Except for one thing - iTunes is making a LOT of money for the RIAA and associated companies! As iTunes grows in use and popularity, Apple has much more of a stick to brandish and show music companies that even with tools like Hymn, sales can continue to grow. I think that was Apple's plan all along, to start with the least restrictive DRM possible and then relax it further as time went on and the music companies became more comfortable with the whole thing (witness the recent relaxation of number of computers to five instead of two) - they only dislike Hymn because it accellerates the time table faster than they would like.

    The RIAA could possibly pull the plug (not sure what the contracts are like) but will they do it if they throw away a ready cash flow in the process? You can argue other things they have done have hurt sales, but only from a theoretical standpoint - iTunes represents a very concrete flow of money that I'm not sure the RIAA would have the gumption to shut the valve on.

    So now the question is - is Apple willing to undergo the expense of a legal battle they are pretty sure they will lose and not even agree with, or are they strong enough to tell the music companies they cannot fight it from the start?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  126. GOOD! by zpok · · Score: 3, Interesting

    I really like this. Even more now that they leave the ID info intact.

    This program is made to circumvent DRM, but not to pirate. As such it allows fair use as stipulated under copyright law

    IANAL but I don't like this trend of locking in the user more and more. There was never any real action against people taping their LP's in the time when my back didn't hurt that much after sex.

    I'm actually from the other side (involved with a label) I and don't think pirating stuff is in some weird way noble and nice, but like almost everybody on that side of the fence, I do like music - a lot more than most Britney Spear copying idiots I'm sure - and I do buy the stuff, and I can't foretell on what equipment I'll be wanting to play it on in a couple of years time. So the more options I have, the happier I am.

    That doesn't mean I want Apple to support every music format possible, I like their focus on ease of use... When I was a kid I also had to find out how my cassette player and mixing desk had to be hooked up in order to copy. But nobody was actively trying to make my life difficult either.

    On that: Apple needs to show it's "concerned" and needs to be seen to try and do something about this - it's a lawyer thing, else they don't uphold their part of the bargain - but really, do you think deep down they really care? There isn't a company that's more into music than Apple. They know very well what reality looks like and how consumers think.

    --
    I think, therefore I am...I think.
  127. Not correct by SuperKendall · · Score: 1

    But you are acting as if this ridiculously convoluted way of getting mp3s is a "feature", which it's obviuosly not since this story demonstrates that they don't want you removing the DRM.

    I can burn a CD with ANY song I purchase. That removes the DRM, and they explicitly allow that - end of story. They don't care if you remove the DRM, only HOW it is done.

    This is much more about control of data conversion paths than about DRM specifically (only a form of that).

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Not correct by mrkslntbob · · Score: 1
      This is much more about control of data conversion paths than about DRM specifically (only a form of that).

      What???

      The parent to your post was correct. Allowing you to burn to cd's was a feature, but then ripping those cd's to mp3 was probably not an intended use.

      What benefit does control of data conversion paths bring to apple?
      And how is that not specifically DRM. Digitial Restrictions Management which restricts the way you can use a file you purchased, specifically "control of the data conversion path". Sounds like an intended restriction to me.

      They allow you to burn to cd, and probably figure most people wouldn't bother ripping to mp3, because the original aac will work on their computer and their ipod. And if you have to go through that whole process of burning and then ripping again to get an mp3 of lesser quality to play on your non-ipod player, you're less likely to want to use iTMS with another player. Apple is hoping people will realize this and buy an ipod if they like iTMS, thus they sell more ipods.

      Since this is Slashdot, it should be pointed out that this also restricts those files your purchased from being played on linux.
  128. Because Breaking the GPL is Like Writing DRM by adavies42 · · Score: 0

    If you really don't understand this, you've missed the point of the GPL completely. The issue is not, at heart, that the GPL is a form of copyright, but that it's a form of copy*left*--i.e., a license intended to destroy (software) copyright from within. When people break the GPL, they are (generally) doing so in the interests of restricing the freedom of people like us to do as we see fit with the code in question. By constrast, when people like DVD Jon, etc., "break" DRM schemes, they are doing so with the explicit intent of *increasing* (or rather restoring) our freedom. That's the difference.

    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
  129. Worked here by SuperKendall · · Score: 1

    I just converted my whole library at work, with no error messages at all.

    Now everyone can listen to my shared iTunes library on random and not have to worry about "not authorized" messages breaking the flow of music.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  130. Why not crack WMA DRM? by agent2 · · Score: 2, Interesting

    Congratulations, someone cracked the iTunes DRM. Honestly, good job. I wouldn't have been able to do it. But what would really be nice is if someone cracked the DRM on WMA files. Then, of the few songs that you can't purchase from iTunes, you could buy them from a WMA based music store and play those songs on any computer/music player too.

    See, WMA is even more restricted. WMA-only music players using Windows operating systems.

    The cracked iTunes DRM now allows for purchased music on ANY device capable of playing a music file. Complete compatability

  131. Ignorance is bliss, huh? by shadowcabbit · · Score: 1

    yes, an iPod is an investment in a service since after all, it only plays iTMS music, it can't play a multitude of other non DRMed formats.

    Who in the name of fuck moderated this insightful?

    An iPod is perfectly capable of playing MP3s.

    I am an avid customer of the iTunes store, but since day one I haven't been able to listen to my music "where I want to" because a) I already have a player that's not an iPod (several if you count my discman), and b) when I tried burning my iTMS files to audio CD format they wouldn't play in anything other than the computer that burned them (actually, this also happened when burning any audio cds-- anyone out there smarter than me know why the disc's track markers after #2 aren't being recognized?).

    I will be downloading Playfair and using it on my files, because it is one fix that will work. If I share them, it will only be through the iTunes sharing mechanism (which is a damn nifty way to share, I might add). And again, if anyone can tell me why my CD-R drive doesn't want to burn properly, then I will gladly not use Playfair.

    --
    "Why Subscribe?" Good question...
    1. Re:Ignorance is bliss, huh? by Kplusplus · · Score: 1

      Who in the name of fuck moderated this insightful? Welcome to sarcasm. As to your problem did you send an email to Apple or somehow let them know about the problem? They are generally very helpful with these things. Yes, playfair will make your AACs work in your MP3 player, congrats. After all after ripping the DRM out them converting to MP3s of lesser quality, your so getting your money's worth then. Why not get an iPod?

      --
      -"I'm one of those Mac people that will break a bottle on the bar and hold it to your throat for bad-mouthing my system"
    2. Re:Ignorance is bliss, huh? by Anonymous Coward · · Score: 0

      You're not exactly endearing Mac users to me, you know. If all of them are as elitist and condescending as you, I'll gladly badmouth Apple any chance I get. After all, guilt by association is the game you're playing here, aren't you? "He doesn't own $10,000 of Apple hardware, thus he must be an idiot".

      Christ. And you people wonder why PC users think you're all gay.

  132. "Protection" is stripped... by Cinematique · · Score: 2, Informative

    But your iTMS account name still remains coded in the hymn-altered file.

  133. OBFuturama quote by homer_ca · · Score: 1

    Leela: "You can't just sit here in the dark listening to classical music." (classical music in the year 3000 = Sir Mixalot, Baby Got Back)
    Fry: "I could if you hadn't turned on the lights and shut off the stereo."

  134. Boohoo to you too by Anonymous Coward · · Score: 0

    "And Apple hasn't tightened the noose; it's loosened it probably in response to PlayFair. They allowed for authorization on 2 additional machines, but took away 3 burns"

    +2-3 = -1

    " (oh boohoo, like I'm going to burn the same playlist 7 times)"

    Oh boohoo like I'm going to burn the same playlist 3 times.
    Oh boohoo like I'm going to burn the playlist once.
    Oh boohoo, like I'm going to play it on 5 machines at once.
    Oh boohoo, like I'm going to play it on 2 machine at once.
    Oh boohoo, like I'm going to play the same music 10 years from now.
    Oh boohoo, like I'm going to play the same music 1 year from now.
    Oh boohoo.

    "I hope I can see the moderation of your post in the meta-mod panel just so I can make sure whatever imbecile modded you as "insightful" never gets mod points again."

    The people modding down are using 'Overrated' to try to avoid meta mod penalties. Good counter points are being modded down to avoid discussion. I hope I see the people who modded you up in meta mod.

    1. Re:Boohoo to you too by Durandal64 · · Score: 1
      "And Apple hasn't tightened the noose; it's loosened it probably in response to PlayFair. They allowed for authorization on 2 additional machines, but took away 3 burns"

      +2-3 = -1
      Maybe you should learn some math. You can't add and subtract numbers which describe completely different quantities. You might as well try subtracting kilograms from the number of DVDs in my room. Then again, knowing that would presuppose some intelligence on your part. No, we need to describe things in terms of usefulness. Let me sum it up for you: 2 more machines authorized is far more useful than three burns of a single playlist to a CD (which can be copied directly after it is burned by applications like Nero or Toast).
      Oh boohoo like I'm going to burn the same playlist 3 times.
      Oh boohoo like I'm going to burn the playlist once.
      Oh boohoo, like I'm going to play it on 5 machines at once.
      Oh boohoo, like I'm going to play it on 2 machine at once.
      Oh boohoo, like I'm going to play the same music 10 years from now.
      Oh boohoo, like I'm going to play the same music 1 year from now.
      Oh boohoo.
      Slippery slope fallacy.
      "I hope I can see the moderation of your post in the meta-mod panel just so I can make sure whatever imbecile modded you as "insightful" never gets mod points again."

      The people modding down are using 'Overrated' to try to avoid meta mod penalties.
      That's a little difficult when you're participating in a discussion, hence not allowed to moderate it, dumb-ass.
      Good counter points are being modded down to avoid discussion.
      Except that it's not a good counter-point. It's a fucking lie. Apple has not "tightened the noose" in any appreciable way, nor have they distributed songs that cannot be burned to a CD.
      I hope I see the people who modded you up in meta mod.
      Yes, those would be intelligent people.
    2. Re:Boohoo to you too by Anonymous Coward · · Score: 0

      " +2-3 = -1
      Maybe you should learn some math. You can't add and subtract numbers which describe completely different quantities. "

      Ok, lets change them to be the same quantity.
      An unprotected CD can be copied say ten thousand times before it wears out. So in units of 'copy' then this would be

      +2 - 3*10000 = -29998

      Does that look better? Of course not.

      The rest of your argument is just insults without substance.

      "Slippery slope fallacy.",

      just because you call it a fallacy doesn't make it so, I've pointed to 3 steps we've already taken on this slope: DRM, Copy protected CDs, copies reduce from 10 to 7. You've put no evidence forward.

      "Except that it's not a good counter-point. It's a fucking lie. "

      See the 29998 comment above. You've put no evidence forward.

    3. Re:Boohoo to you too by Durandal64 · · Score: 1
      Ok, lets change them to be the same quantity. An unprotected CD can be copied say ten thousand times before it wears out. So in units of 'copy' then this would be +2 - 3*10000 = -29998 Does that look better? Of course not.
      You forgot one thing: you can make copies of that CD directly and therefore never have to use iTunes to burn that same playlist again. So, by your conversion factor, having just one burn of a single playlist is every bit as useful as 7 or 10.
      The rest of your argument is just insults without substance.
      Aw, did I hurt poor baby's feelings?
      just because you call it a fallacy doesn't make it so, I've pointed to 3 steps we've already taken on this slope: DRM, Copy protected CDs, copies reduce from 10 to 7. You've put no evidence forward.
      Except for being able to authorize another two machines to play the damn songs, retard. Even if you were right, the ability to authorize another two machines is not magically canceled out by the loss of an ability, which by your own logic, is completely trivial.
      See the 29998 comment above. You've put no evidence forward.
      Your deficiencies in math and quantification haven't proven shit. Please stop deluding yourself into thinking they have.
  135. Your precious quality by tepples · · Score: 1

    this is going to lose sound quality.

    So chkdsking what? Low-pass filtering, sampling, and quantizing the singer's voice in the studio during the production of the recording lost quality. But if the transcoding process keeps enough quality that the second layer of added noise doesn't make the resulting recording unsuitable for its intended purpose, is there a problem? Or have you personally tried transcoding and has it failed to keep a recording listenable when played through a typical $200 stereo like mine?

    Your argument is equivalent to: I don't mind DRM because I can just hold a cassette recorder in front of my computer speakers

    In degree the arguments are not equivalent. A consumer cassette deck will introduce more noise than burning to CD-RW, ripping, and transcoding.

    1. Re:Your precious quality by Anonymous Coward · · Score: 0

      " consumer cassette deck will introduce more noise than burning to CD-RW, ripping, and transcoding. "

      So the issue is one of loss? If it produces a generational loss, then its okay, but if its a direct copy, its not?

      Wow, that seems... almost... Trite.

  136. About the new name... by MightyYar · · Score: 1
    hymn: Hear Your Music aNywhere.

    I guess Hear Your Music ANywhere just didn't sit right...

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    1. Re:About the new name... by glenstar · · Score: 1

      That would be really funny if it was spelled "hyman", but it's not.

    2. Re:About the new name... by TheoMurpse · · Score: 1

      it's spelled "hymen" dude

    3. Re:About the new name... by MightyYar · · Score: 1

      I know it was a stretch, but...

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    4. Re:About the new name... by TheoMurpse · · Score: 1

      god i hate it when i post something, then realize the post right -under- mine says the same thing, and was posted earlier...

  137. Re:Support Hymn? Buy more iTunes songs!! by Alsee · · Score: 1
    Tempting idea, though AAC is annoying. I don't currently have anything that plays AAC.

    ... ok, I did a Googe search. For anyone interested, here is a Google search for Winamp AAC plugin downloads.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  138. MOD. PARENT. UP. by Anonymous Coward · · Score: 0

    Quite honestly, I don't see the point to all the Apple-bashing. You can burn unlimited, unprotected CDs. Do that, re-encode your music however you want, and delete the m4p file. It doesn't take a genius to do that.

    This post is right-on.

  139. or they could close the store... by pbjones · · Score: 1

    Apple has a record of just dropping stuff and walking away. Sure it sells iPods, but if the business changes a little then they could/will just drop the online music store and walk away. There is no profit for Apple in selling the music, only in supporting iPods, if piracy threatens the business, then Apple will do it's usual trick of sacking the department and moving on. For personal use, OK, but I know that not everyone is that honest so it is being used by someone to pirate music, there is no real excuse, just because you can do the same by other means, does not make it right. It is alway a few that stuff things up for the rest of us.

    --
    There was an unknown error in the submission.
  140. The right to copy has to be included by tkrotchko · · Score: 1

    "You have purchased a copy, but not a dispensation to copy."

    I know vaguely what you mean, but if what you're saying is true, then he has no right to:

    a) Back up his music collection
    b) move it from one folder to another
    c) do anything with it except press the "play" button.

    If the argument is that "he can't change it", then does that mean he can't:
    a) Change the name of the file
    b) Change any kind of ID3 tags in the file (if AAC supports that)
    c) go in and change 1 bit

    I don't know the right answer, but I suggest that copyright in this case has to be a little bit more sophisticated that what you say.

    Perhaps that's why everyone relies on EULA's, because copyright cannot be as encompassing as you suggest; it has to leave leeway, but not too much?

    Meanwhile, the law would suggest that for personal use, copying and modifying something you've purchased is okay, and thus we have a dilemna here.

    Either we have to grant content producers (and law enforcement) draconian measures to enforce these new super-copyrights, or the concept of DRM will fail and copyright will be forced into a circa 1990's model. I don't see how you can go much beyond DMCA at this point and not make a significant portion of the population a criminal for copying a TV program or music.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:The right to copy has to be included by R.Caley · · Score: 1
      a) Back up his music collection
      b) move it from one folder to another
      c) do anything with it except press the "play" button.

      I belive there have been explicit decisions hat backups are OK. Moving comes under `space shifting', which I think was treated as OK in the RIAA vs RIO case. There is also some concept of copies made as an unavoidable part of normal use (eg the CD player copies the data from the disk, error corrects it and then converts to analogue)

      Meanwhile, the law would suggest that for personal use, copying and modifying something you've purchased is okay

      That's the point, I don't think the law does. Custom and common sense is another thing.

      Personally, I odn't see an ethical difference between converting a CD to MP3 so I can listen to it walking down the street and buying a really long cable for my headphones. However, someone could argue that I am avoiding paying for an MP3 copy.

      It's basicly impossible to make all those kind of decisions in legislation, which is what judges are for.

      --
      _O_
      .|<
      The named which can be named is not the true named
  141. DMCA makes EULAs binding by tepples · · Score: 1

    Contract laws require that you actually receive something in exchange for what you are offering. Now, the theory behind the EULA is that your computer (and through extension, you) makes a copy when you run it, as such, you need a license to copy. However, Copyright law specifically allows fair use

    What 17 USC 117 giveth, 17 USC 1201 taketh away. Here's how it goes for boxed proprietary software:

    • The installer's cab files are encrypted.
    • You are the owner of a copy of the installer and a copy of the encrypted cab files. That sale is done and over. Copyright law doesn't care that the encrypted cab files are worthless to you without a second contract.
    • The publisher offers to decrypt the cab files provided that you accept the other conditions of the EULA presented through the installer.
    • Publisher give access to the copyrighted work, and you give up the right to reverse engineer, etc. If both sides give something, that's called consideration.
    • Under the Uniform Commercial Code that each of the several States has passed, Offer + Acceptance + Consideration = binding contract.
    • Because the cab files are encrypted, the installer "effectively controls access". Circumventing it violates the DMCA.
  142. You just broke the DMCA by tepples · · Score: 1

    When I purchase a program, law (and judicial precident) say I have the right to reverse engineer it. I simply remove the so-called EULAs from the program.

    Not in the United States. The installer "effectively controls access" to the program, and modifying it circumvents the access control and violates the DMCA. Details

  143. Encoded books as an analogy. by danielsfca2 · · Score: 1

    > In the United States, we do have the right to read books.

    Yeah, I think you're right about books that someone is publishing with that intention, but it looked like the poster was indicating that someone else has the right to make a book you cannot read without buying his/her "decoder glasses." You do have a right to read books, but you do not have the right to read just any old book. For example, say I have a personal diary and an unfinished autobiography. They are both my property that I explicitly state on the cover are NOT for anyone else's use. So trim that down to any book that you have lawfully acquired or obtained the author's permission to read (such as the implicit arrangement at the library, where you are free to read it without paying money).

    Now, the example of private books aside, just because someone wants to communicate an idea at all doesn't give you the right to hear it. Only if they intend that idea to be readable by all do you have a right come into play, the right not to have it be censored by the government. If I intend to write a book for my 5 closest friends to read, and I use this book encoding and give them "decoder glasses," you have no right to read it, and it is wrong for you to break the encryption. I'm not going to bother to think about whether it is/should be legal because by now any correlation between "right" and "legal" has been washed away by a crapload of lobbyist bribe money so it's a pointless exercise.

    Anyway, in the same way, if I want to write a book for my paying customers to read, and I use the same book encoding, and give my customers the decoder glasses, you should not break the encryption. Just like you should not trespass and you should not read your friend's diary you find lying around. Even if you do have a key to either of those, or find a way to pick the lock.

    And I can't believe this has strayed so far from the ITMS. In this case, publishers have made some "encoded" books that in some ways require "publisher-controlled" technology. This is basically only the restriction that you have to have iTunes in order to buy the songs. Which is free. But if you don't have a Mac or Windows box, they aren't really targeting you (since they refuse to sell you this version of the "book" at all if you aren't already using iTunes), so it's not nearly as sinister as the "book-and-glasses" racket we keep discussing here. So the "decoder glasses" are free and fit on 98% of people's heads. If you don't have an iPod or a CD player, then no, you can't play it on a portable without about 5 minutes of burn-and-rip per CD. In the same way, you can't play a CD on a tape player without one of those little tape adapters you buy for $15. Life is hard. Some formats are different and incompatible with others. It's not a sinister plot against you. It's just that no one cares that deeply about your needs here. The store is there just to sell iPods in the first place. Break the encryption if you can, to avoid having to burn-and-rip, that's fine, it's the same as burn-and-rip so it doesn't really bother my ethical nerve. But some people need to shut up with the sense of entitlement here. (Not referring the parent personally, just all the whiners.) Just because you don't have an iPod doesn't mean Apple's obligated to make it easy for you to play your ITMS tracks on a WMA player. Just as Honda's not obligated to help you fit Honda parts on your Nissan. Honda parts are made for the benefit of their customers, and ITMS tracks are published in the format they are in for the benefit of (A) Apple iPod customers, and, because Apple's not evil, (B) anybody who can play a Compact Disc.

    Speaking of Compact Discs, they DO provide a "non-encoded" version of these "books." Perhaps you've heard of it. It's called Compact Disc Digital Audio. Have a look at one next time you see a Virgin Megastore or Tower Records. Or even deepdiscountcd.com. That's the reason why all this is a moot point. You aren't being deprived here. A store-boug

    1. Re:Encoded books as an analogy. by Anonymous Coward · · Score: 0

      You know, your argument fails right from the beginning. If you have a personal diary and an unfinished autobiography, then to keep people from reading it, it is as simple as not giving it to them. Distribution of the work is your right as a copyright holder after all. If somebody gets their hands on those works illegally, feel free to sue the pants off them. You don't need to protect the usage, because nobody can legally receive that work without your say so.

      There's a huge difference between somebody breaking the lock on your personal diary and someone decrypting a DRMed song. They weren't given legal access to the diary.

      Classic copyrights give all the protection that people need. If they don't want me reading a book, then just don't give it to me. Any more than that is either unnecessary, or downright hostile to view of ownership the Constitution was based on.

    2. Re:Encoded books as an analogy. by danielsfca2 · · Score: 1

      > view of ownership the Constitution was based on

      > If they don't want me reading a book, then just don't give it to me.

      This is flawed thinking. The "view of ownership the Constitution was based on" was from an era where digital distribution was not even imagined yet.

      DRM is not entirely bad. There is nothing wrong with distributing your intellectual property free to all, encrypted, and then selling the key. It makes a lot of things easier. Huge software vendors do this with software. I remember downloading a Dreamweaver trial once and then buying an unlock key to turn it into the full version. This is a perfectly legitimate way of doing business and just because you have the encrypted version of the song doesn't entitle you to the unencrypted version unless the rightsholder wants you to have it.

      If you don't like that fact, don't buy on iTunes. Isn't that the point of a free market system? Quit whining and just buy whatever format you're comfortable buying. iTunes tracks aren't designed to convert to another format besides CDs, just as audiocassettes don't convert very well to digital media. It's not a grand conspiracy.

  144. It's a difference of degree by tepples · · Score: 1

    If it produces a generational loss

    The difference is one of degree. If a consumer cassette deck recording from a consumer mic will introduce 1.0 generation of loss, then burn-rip-transcode will introduce what, 0.1 generation?

    then its okay, but if its a direct copy, its not?

    This is the exact reasoning the RIAA uses.

  145. OT - your signature by zpok · · Score: 1

    is that an actual quote or a case of mind reading?

    cheers

    --
    I think, therefore I am...I think.
    1. Re:OT - your signature by mindfucker · · Score: 1

      You have to read between the lines when listening to corporation and politician speak. Bush is a born again Christian. Even if he never actually made the quote in the grandparent's sig, I'm sure he probably feels that way.

    2. Re:OT - your signature by zpok · · Score: 1

      Well, I wouldn't have put it past him to have actually said it out loud...

      --
      I think, therefore I am...I think.
    3. Re:OT - your signature by Cinematique · · Score: 1

      It's apparently something Bush Sr. did say... search the web for it. I found quite a few websites which support the quote... but... I wasn't there when the speech was made so I'm not sure if that's the exact wording or not. Wouldn't surprise me, though, either way.

  146. Re:looks like its time. by Alsee · · Score: 1

    Fairplay does not deny your right to fair use.

    It just makes it non-obvious how to do so and a pain in the ass to do so. You need to figure out and write, or obtain, software like PlayFair to be able to do many forms of fair use.

    In conjuction with the DMCA, yes, it does in fact attempt to deny (criminalize) fair use.

    Fair use does not gurantee you to the right to a perfect copy.

    Correct. What it does is grant you TOTAL IMMUNITY when you *DO* create a copy, including a perfect copy.

    Just because FairPlay 'permits' some forms of fair use does not mean they get any special power to do squat when you go ahead and engaging in any other sort of fair use you like.

    Just because they 'permit' pun-based parody doesn't mean they can do anything when you go ahead and engage in some other form of parody.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  147. You have tunnel vision by Anonymous Coward · · Score: 0

    "Oh, I guess the world wants freely-distributable music, let's give it to them."

    The ironic part is that the bulk of sales are in this format.

    CD's are digital, excellent quality, DRM free, non-copy protected.

    AND THE INDUSTRY LOVES WHEN I BUY ONE!

    I don't understand why they think people will give up CD's for crappy (128kb/s AAC) DRM's music.

  148. Damage done by Felinoid · · Score: 1

    A few days ago my sister was trying to give me some pepsi bottle caps good for free iStore music.
    I had to refuse.

    She couldn't becouse her computer is dead.

    I can't becouse I don't run Windows.

    PlayFair is so that we of the Linux croud can actually use iStore.
    I don't know if I could make any use of an ipod from Linux and frankly why should I do any research on Apples behalf?
    Compaq and Dell aren't in the os wars. They don't care if Microsoft has total domination of the market so long as they stay in business.

    Apple however. I understand the need to support Windows and the need to support some sort of content control.
    However why is Apple leaving Linux at a disadvantage?
    Playfair is trying to bring to Linux what Apple did not. They throw in a few advantages above and byond just to make it worth the effort.

    And that is how things work in open source. Exclude Linux and someone will fix it and make it better.
    Want your restrictions? Then give us iTunes. Give us support. Open source? Let's draw the line at a Linux binary. Works for Real Media so I don't see why not.

    Continue to ignore Linux and you'll continue to see software like Playfair stripped of content controls.

    As for me...
    No playfair, No itunes, no istore.
    The pepsi bottle caps go in the trash.

    I drink Jolt anyways.

    --
    I don't actually exist.
  149. Same to me either way by Anonymous Coward · · Score: 0

    The DMCA is evil. I really mean that. And there is no excuse for using it. In the case I hope you agree that the RIAA's demands are unjust. They want to have online music systems treated with stronger copyright laws than traditional media even though the Internet cries out for weaker protection. It's a losing battle but they are willing to take as many people down with them as they can. Why should I support that?

  150. Not so insightful by Anonymous Coward · · Score: 0

    It does not generate keys. It's the equivalent of a program which removes the key from Microsoft Windows. This removes the DRM which makes the file only work on certain systems. It does not generate any keys.

  151. Double what??? by SuperKendall · · Score: 1

    The parent to your post was correct. Allowing you to burn to cd's was a feature, but then ripping those cd's to mp3 was probably not an intended use.

    How can you say that? When you turn something into a CD, anything you can do with a CD becomes part of the intended use. Do you honestly think Apple never imagined that would be done?

    What benefit does control of data conversion paths bring to apple?

    It allows Apple to make sure the meta-data they want to stay with the songs stays wth them when songs are staying in digital formats, for one thing. (like the purchasers ID), and also make sure that all pats will work without a hiccup (the same reason for somewhat locked down hardware, that Apple can ensure a known set of behaviour).

    DRM is one form of control, as I said a subset.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Double what??? by mrkslntbob · · Score: 1

      How can you say that? When you turn something into a CD, anything you can do with a CD becomes part of the intended use. Do you honestly think Apple never imagined that would be done?

      I'm sure apple imagined it would be done. I'm sure they imagined a lot of people would burn cd's, but then very few of them would then rip those cd's to mp3. Sure they know that it can be done, but people already have the aac on their computer, they'd only rip it if they need to play the mp3 on linux, or in a non-ipod player. I think apple thinks those two scenerios aren't going to happen often. They don't want people to use non-ipod players, and probably just don't bother with linux, because the time to develope iTunes for linux wouldn't be worth the returns they get for it.

      It allows Apple to make sure the meta-data they want to stay with the songs stays wth them when songs are staying in digital formats, for one thing. (like the purchasers ID), and also make sure that all pats will work without a hiccup (the same reason for somewhat locked down hardware, that Apple can ensure a known set of behaviour).

      but burning to cd, and then ripping to mp3 breaks that. So why are you saying that they intended to keep that intact, and intended for people to burn cd's and re-rip mp3's?

  152. It doesn't by SuperKendall · · Score: 1

    but burning to cd, and then ripping to mp3 breaks that. So why are you saying that they intended to keep that intact, and intended for people to burn cd's and re-rip mp3's?

    Actually, if you burn to CD and re-rip in iTunes it does preserve the ID3 information. I'm not quite sure how, but try burning a CD with iTunes and you'll see what I mean (when you insert a CD you see the track info for any custom CD you've burned). Perhaps it's only aviliable on the same copy of iTunes, or perhaps they have meta-data they put onto the CD. But they do preserve the information. Come to think of it, I've never checked to see if the AppleID is one of the things preserved in that chain though...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley