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Apple Not Too Harmonious with Real

An anonymous reader writes "As if in answer to the question previously asked on Slashdot, CNN Money is reporting that Apple isn't all that happy that Real pried open the door to the iPod for its RealMedia files. "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod." It should be interesting to see how this pans out in court, and if the DeCSS case serves as some sort of precedent."

940 comments

  1. Enough already by ack154 · · Score: 3, Insightful

    This is just blatant disrespect of all sorts... Real already tried to setup an "alliance" with Apple once and was denied, and now it just goes around it in it's own world and bypasses Apple. Not cool.

    Jobs needs to lay some smack down on these people or something.

    1. Re:Enough already by ack154 · · Score: 3, Informative

      Oh ya... another article over at DesignTechnica with the full Apple statement and other stuff.

    2. Re:Enough already by Anonymous Coward · · Score: 5, Insightful

      A serious question for you:

      Why shouldn't people be able to play music files that they have purchased, on a piece of hardware that they've purchased? The files are Real, the hardware is Apple. Why isn't that "cool"?

    3. Re:Enough already by mliu · · Score: 5, Insightful

      I just can't escape the feeling that if the name of the company involved was anything besides Apple, 99% of the community here would be decrying their anticompetitive behavior. Would you be the saying the same thing if it was Apple adding iTunes compatibility to Sony's ATRAC only proprietary Netwalkman?

      Someone's the bad guy here but it sure doesn't feel like Real for giving consumers more choice on their legally purchased hardware. Or did I miss the part where restricting how we could use our own hardware became "cool". That'd certainly be thinking differently.

    4. Re:Enough already by ardent · · Score: 2, Insightful

      Apple has been doing this for years. How long has it been since you could open a window's file in Mac OS? Don't see the difference here...

    5. Re:Enough already by Anonymous Coward · · Score: 1, Insightful

      Jobs needs to lay some smack down on these people or something.

      For what? Selling music to people in a way they can use? What right does Apple have to stop Real selling music to iPod users? The users are the ones that own their iPods, not Apple. It's up to the users whether they want to allow Real content onto their iPods.

    6. Re:Enough already by Anonymous Coward · · Score: 0

      Not cool? VERY COOL! If you won't play with us then we're going to get what we want, either way. Sorry, pal.

    7. Re:Enough already by garcia · · Score: 5, Insightful

      Somehow this is different when we hack open Microsoft gaming consoles? Down with Microsoft for creating a closed format that we cannot do what we want with! How dare they!

      Apple creates a unit that is closed, refuses to allow Real to come in and have an alliance for it, and so Real hacks it to do something cool. Apple "lays the smack down" and somehow that is a good thing? Killing innovation?

      Zealotry is one thing but blatant fence hopping is another.

    8. Re:Enough already by squiggleslash · · Score: 5, Insightful
      That's right. How dare Real make it possible for buyers of iPods to play music they'd otherwise be unable to play.

      Erm, hold on. This makes no sense. What's your argument again? That Real is being unreasonable because Apple refused to cooperate with them, and then had the audacity to winge when Real did the work necessary to implement something by themselves?

      Why the f--- is REAL in the wrong there? What next? Are you going to advocate makers of webcams, MP3 players, 802.11 adapters, et al, suing Linux programmers for ignoring their refusal to cooperate and working out how to make Linux interoperate with their hardware?

      Maybe Apple should start suing its own customers too, just to keep its hand in.

      I bought an iPod. At this point, Apple has no business telling me what I should do with it. Apple has no business complaining about third parties wanting to offer me things that work with that iPod. Apple should butt out and mind their own business.

      --
      You are not alone. This is not normal. None of this is normal.
    9. Re:Enough already by gaijin99 · · Score: 4, Insightful
      This is just blatant disrespect of all sorts... Real already tried to setup an "alliance" with Apple once and was denied, and now it just goes around it in it's own world and bypasses Apple. Not cool.
      I think you've lost touch with objective reality here. Apple sells a piece of hardware, someone finds a new use for said hardware, and you think that's wrong? By what insane imagining could it possibly be wrong for someone to write new software for legally purchased hardware?

      I can see how Apple would want to keep the iPod playing just their own DRM poisoned iTunes format files, but why should I care what they want? If I legally purchase a piece of hardware I have the right to do whatever I want with it. It might void my warranty, but otherwise, screw 'em if they don't like my mods. Obviously RealMedia is hoping to get money here, but again, what's wrong with that?

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
    10. Re:Enough already by WarpGiGA · · Score: 2, Interesting

      Yeah apple can go stuff it..

      I am far more disappointed of Apple, not that I have ever been fond of them..

      BUT a music player should atleast run on an open platform.. imagine a world with 150 "walkman" models, all using different formats and musicshops..

    11. Re:Enough already by thirteenVA · · Score: 1

      Do you mean word? Word doc's open in Text Edit and obviously word.

      Powerpoint? You can use Keynote and Powerpoint on the mac.

      Excel? We have that too?

      Zip files? no, those open too (natively in 10.3)

    12. Re:Enough already by ack154 · · Score: 1

      When people buy their iPods, they know exactly what they're getting and exactly what is compatible with it. And that compatibility does not include Real's store. How is it something they "should have" or anything of that sort? People know it's not supposed to work with other stores. It's not a case where Apple has this big secret that they don't tell anyone the iPod doesn't work with other stores... and then someone finally gets it to work and it's some big revolution. People KNOW that it is not supposed to work with the Real store. End of story. If Apple wanted it to work with other stores, they'd license it. They haven't.

    13. Re:Enough already by Brad+Mace · · Score: 4, Interesting
      Yes, act all offended. Because geeks HATE it when their cool gadgets are made to do more cool stuff.

      I know you've got major wood for apple, but in this case they're waving the DMCA around just like all the companies we hate. This isn't what they said the DMCA was for. This is stifling innovation, not protecting anyone. The article even states that apple makes essentially no money on music sales, so who cares if Real gets in on it?

    14. Re:Enough already by Ender+Ryan · · Score: 1, Interesting
      That is the single best post that will be posted to this ridiculous story.

      This will be the second best.

      Everyone supporting Apple here is supporting a small bit of fascism, and everyone opposing despite being a fan of Apple products is a person of good character.

      Now please excuse me while I hire a crack team of lawyers so I can do the "cool" thing and stifle some more innovation.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    15. Re:Enough already by VEGx · · Score: 2, Funny

      I do agree to some degree. But... First of all, I'd personally keep Real away is innovative enough for me. Seriously, who wants an iPod that would be spending half a day buffering. In the end people would say that iPod sucks [but it's Real that sucks really].

    16. Re:Enough already by Anonymous Coward · · Score: 0

      Because when they buy the iPod, they know it won't play files from the Real store. And when you buy from the Real store, you know they're not compatible with the iPod.

      Where does it say that these things must be compatible (especially when made by different companies)?

    17. Re:Enough already by Anonymous Coward · · Score: 0

      There are only two types of Apple users, zealots and blind apologists.

      To both of them, if Apple does it, it was really for the good of everyone and you should not even question it.

      Thank you Apple, can I have another. Thank you Apple, can I have another. Thank you Apple, can I have another.

    18. Re:Enough already by Skye16 · · Score: 4, Insightful

      Indeed. I absolutely adore my iPod and take it with me everywhere. I do not hate Apple, unlike most of my PC-centric software engineering brethren. I feel that Apple has a niche and it fills that niche extremely well. The reason I don't own one (and probably never will) is that that niche caters to those who desire a pre-produced, non-gaming-capable tool for "productivity". Not only do I NOT want to be productive (as evidenced by the 2000$ I just dropped to get up to speed for Doom 3), but I want to have absolute control over everything by building it myself from scratch. It's just my thing.

      Now that the stage has been set, I get to my point. mliu is absolutely correct. If this were any other company (especially m$), people would be going berserk. It is my hardware, and, regardless of the law, I should be able to do whatever I want to do with it as I wish to do it. If Apple wants to constantly play cat-and-mouse by changing their software to break Harmony, then fine, that is their right. But by cheering Apple on as they sue the pants of Real, you're hypocritically sacrificing your philosophical beliefs just because you like who is getting the shaft. Not very respectible at all.

    19. Re:Enough already by hpulley · · Score: 1

      But obviously it CAN work fine from other sources. They are just being artificially locked in by Apple. Reverse engineering is going a bit far but I'm surprised iPod owners aren't screaming for open, non-proprietary support for their purchases.

      --
      $#!^ happens, but why does it always have to happen to me???
    20. Re:Enough already by The+Fanta+Menace · · Score: 0, Troll

      Bullshit. If I own a device, I can do whatever the fuck I want with it. So can Real. Any court that finds in Apple's favour over this is blatently corrupt.

      --
      -- Even if a god did exist, why the fsck should I worship it?
    21. Re:Enough already by Anonymous Coward · · Score: 1, Insightful

      This is like the early days of records.. The Columbia system didn't play CBS, etc... Wow for progress huh.

    22. Re:Enough already by Anonymous Coward · · Score: 1, Funny

      Hey, you got something on your chin, a huge dallop of Apple Semen.

      Get off your knees you retarded fanboy.

    23. Re:Enough already by spitz8 · · Score: 1

      Exactly.

    24. Re:Enough already by Dare+nMc · · Score: 1

      > Apple sells a piece of hardware, someone finds a new use for said hardware
      Real provides for the mutual customers of Apple and Real to use their current hardware as it was always intended.
      > I can see how Apple would want to keep the iPod playing just their own DRM poisoned iTunes format files
      thats not the issue, they already allow users to import mp3 files..., they care that someone else wants to also sell "DRM poisoned iTunes format files."

      I understand them being pissed about adding/removing options, but pissed about using whats already their? I think this was a uninformed (by apple) reaction, that will be toned down.

      If they go after real, they should do it through the RIAA, after all thats the people with a vested intrest in where and how music is played. Not the court system. IE if the RIAA pulls reals license for distributing a unaproved (by them) DRM format

    25. Re:Enough already by MORTAR_COMBAT! · · Score: 1

      One difference is that Real didn't hack the iPod (why is everybody saying that?) -- Real hacked the M4P format. Not that I care either way, really.

      --
      MORTAR COMBAT!
    26. Re:Enough already by j-turkey · · Score: 1
      People KNOW that it is not supposed to work with the Real store. End of story. If Apple wanted it to work with other stores, they'd license it. They haven't.

      So because Apple didn't intend for it, it just shouldn't be? You're saying that if I use Apple's hardware (the iPod) -- first, they have a right to the iTunes revenue stream and second, I am not allowed to alter the device in any way or install any third-party software?

      What if Microsoft did the same thing? What if Windows came with a music store and Microsoft sued anyone who wrote a music store application for Windows? What if Microsoft sued you for putting Linux on an OEM Windows machine? Apple is doing just that. If consumers want the other software, they'll put it on. Apple doesn't get to make the choice of what you do with the device after you buy it...and there's nothing saying that you can't write your own software for it.

      Apple is just pissed because the Real hack has a chance of cutting into their revenue stream, and Apple feels that they deserve it. They don't deserve squat...they only deserve what they gain from legimate sales in the free market. Consumers can and will choose what they want, who they get it from, and how it is delivered.

      It sounds to me like you're an Apple fanboy. Well, if that's the case, you're going to have a hard time with my next statement -- Apple is wrong, plain and simple.

      --

      -Turkey

    27. Re:Enough already by Anonymous Coward · · Score: 0

      Both items may be "legally purchased" but where does it say they have to be "legally compatible"? If Apple chose to add ATRAC support, fine, good for them. But they haven't. And they also haven't added support for Real. So it shouldn't work. People know this.

    28. Re:Enough already by to_kallon · · Score: 1

      Someone's the bad guy here ... Or did I miss the part where restricting how we could use our own hardware became "cool".

      *ahem*
      cool or not, restricting public use of hardware seems to be the new fad. and speaking of bad guys....

      --


      The only way to get rid of a temptation is to yield to it.
      -Oscar Wilde
    29. Re:Enough already by DavyByrne · · Score: 2, Insightful

      Somehow this is different when we hack open Microsoft gaming consoles?

      Quite.

      If you buy something, you get to do what you want with it (EULAs be damned). That is not what Real is doing.

      Real is a competitor to Apple who is trying to make money by hacking one of Apple's products, with full knowledge that when Apple updates the firmware in the future and people's songs no longer play, it's Apple who will have to deal with the vast majority of customer complaints and related expenses. And what happens if Real's hack damages the iPod? Which company will bear the brunt of the negative reaction (and expense) from customers whose iPod warranties are voided by this hack?

    30. Re:Enough already by Anonymous Coward · · Score: 0

      I think we can do a little better than this, people...

      "I bought an iPod. At this point, Apple has no business telling me what I should do with it."

      Fair enough. Use it as a shot-put, door-stop, extra weight during deep see diving. You're right, that is entirely your business.

      "Apple has no business complaining about third parties wanting to offer me things that work with that iPod."

      Ummm...you don't honestly believe this do you? It is entirely Apple's business if another company tries to profit from a technology developed by Apple. If Real reverse-engineers a technology developed by Apple, for their own financial gain, Apple has every right to speak up.

      It's one thing to say, "I wish Apple would have cooperated with Real in the first place," or, "I really prefer Real's products though." But to claim that Real didn't do anything objectional in a business sense, and that Apple should keep its mouth shut, is patently stupid.

    31. Re:Enough already by Anonymous Coward · · Score: 0

      Oh, please. Apple has demonstrated their intent to license Fairplay in their deals with Motorola and HP. It's technology that Apple owns and has a legal right to protect. If Real has reverse engineered it despite that, then it's their folly for taking a hacker mentality and disregarding another company's legally owned property and working around it rather than working out a deal with Apple and paying the proper licensing fees to use their technology. It is the right of the owner of a property to allow another party to use it at their discretion or not. If Apple doesn't want to let Real license Fairplay, they have that right. Why is it anti-competitive if Apple is successful in developing and implementing a tight DRM solution, but Real can't come up with something just as good or better so decides to basically steal Apple's solution through reverse engineering? Real doesn't deserve to stay in business if they can't be competitive. That's the nature of the beast.

      This stuff isn't open source or publicly owned. It's Apple's technology. Real is trying to ride their coattails in lieu of having enough talent to compete in their own right. Apple has every right from a legal, moral, financial and ethical standpoint to protect what is theirs. Real is the bad guy, here, people.

    32. Re:Enough already by Waffle+Iron · · Score: 1
      People KNOW that it is not supposed to work with the Real store. End of story. If Apple wanted it to work with other stores, they'd license it.

      People also KNOW that they're not supposed to use a flat-blade screwdriver as a pry bar. Has that ever stopped anyone? Should Sears be surprised at what people are using their tools for?

    33. Re:Enough already by Opie812 · · Score: 0

      Everything you said it true enough. My question though is how come people around here are always complaining about:

      MS Word propierity (sp?) file format.
      Region restrictions on DVD players.
      Mod-chip restrictions on gaming consoles.
      etc,etc,etc....


      I believe your above statement applies to every one of these items, but people cry holy-murder around here when these topics come up.

      --
      I'm not a nerd. Nerds are smart.
    34. Re:Enough already by m2bord · · Score: 1, Interesting

      as consumers, we've really never had to worry much about formats other than vhs or beta, cd or cassette, and paper or plastic.

      but now as companies look for their niche in the media markets, they are creating proprietary devices which will only work with their licensed media.

      sony is doing this, apple has done this, and there is one other who's name escapes me.

      now more than ever, the end user is going to have to take a long careful look at hardware before they buy it to make sure that the media they put into it will be able to be played.

      --
      Is it 5:30 yet?
    35. Re:Enough already by EtherAlchemist · · Score: 5, Insightful


      It is cool. And I think Apple knows it. The actual issue for Apple is "Hey! You're going to take business away from iTunes if just anybody can put any music on our iPod!" Which is total bullshit. They win either way- people are still buying iPods. People are still GOING to buy iPods. I notice Apple didn't say a word when the RealPlayer started supporting their format, why was that? OH, right- because there's no $$ involved in Quicktime.

      For anyone making the argument that hardware should only ever support media/software/whatever made by the same company as the hardware, would you buy a car from Chrysler if you could only get gas from Chrysler or buy a Sony DVD player and only be able to play Sony Pictures (or subsidiary houses) DVDs in it. Hell no. You can put non-Apple software on an iMac, so why should you only be able to use iTunes with an iPod?

      For ONCE Real is doing something that helps consumers, something nearly every mofo on /. slams them for NOT doing all the time and they get their throats jumped down for doing it.

      --
      R(k)
    36. Re:Enough already by Cpt_Kirks · · Score: 1, Interesting

      If I buy an iPod, it's mine. If I want to tear it open and take out the drive, I will. If I want to hack the software, I will. If I want to play Real music on it (though why, I don't know), I will.

      It is mine. If Steve-o doesn't like it, tough shit.

      Fuck apple. Fuck any damn company that wants to use the DMCA to stop competition. Fuck any damn comapny that wants to tell me what I can do with *MY* hardware!

    37. Re:Enough already by ewhac · · Score: 5, Insightful
      I just can't escape the feeling that if the name of the company involved was anything besides Apple, 99% of the community here would be decrying their anticompetitive behavior.

      Then let me be the first to say: Apple is wrong on this one.

      I don't know where these companies got the idea that they somehow maintain "rights" over their products after they have been sold to customers (yes, sold; "licenses" are a distubingly popular myth, but a myth nontheless).

      Apple has a very peculiar history in the PC industry. Their first product, the Apple ][, was created by a guy who took whatever parts came readily to hand and hacked them together to create one of the world's first personal computers. I own a copy of the Apple ][ Reference Manual, which contains a complete source listing of the ROM, as well as a schematic of the machine -- indeed, the very embodiment of the "Hacker Ethic." Such open disclosures would give today's industry executives and lawyers fits of apoplexy. Yet, despite this open disclosure of "proprietary technology", the Apple ][ sold millions of units, and put Apple Computer on the map as the pre-eminent personal computer maker.

      Then the Macintosh came out in 1984, and Apple started down the path of becoming a closed-architecture "proprietary" information hoarder. ROM listings were not available. Schematics were not available. This didn't stop people from "prying open" the Mac and learning what they could about it.

      Now we have the iPod, and Apple is making the unconscionable claim that no one has the right to pry open "their" product and learn how to make it do things. That they are shocked, simply shockced, that anyone would adopt the "tactics and ethics of a hacker" to manipulate an iPod to their own ends. This from a company that was founded on the tactics and ethics of a hacker.

      So, let me be the first to say: Apple, you're absolutely dead wrong about this. Real may be a bunch of assholes for other reasons, but in this case, they have done nothing wrong. Look to your own history to understand why. By making such a claim, you are repudiating your own origins and your founders -- you are, in effect, claiming your own company has no right to exist.

      You owe Real an apology. You owe your founders an apology. And you owe us an apology.

      Schwab

    38. Re:Enough already by Anonymous Coward · · Score: 0

      >And that compatibility does not include Real's store.

      it does now dickweed.

    39. Re:Enough already by InsaneGeek · · Score: 3, Insightful

      Maybe you ought to look back in some short history, because you are really also saying this.

      Because when they buy the dvd, they know they can't play them on Linux; so they shouldn't be allowed to try and get them to play on Linux.

    40. Re:Enough already by Anonymous Coward · · Score: 0

      Real is a competitor to Apple who is trying to make money by hacking one of Apple's products, with full knowledge that when Apple updates the firmware in the future and people's songs no longer play, it's Apple who will have to deal with the vast majority of customer complaints and related expenses.

      Linux and their vendors are competitors to Microsoft. The vendors want to make money off selling distributions to the users of the XBox console that have been hacked to run Linux.

      Which company will bear the brunt of the negative reaction (and expense) from customers whose iPod warranties are voided by this hack?

      The customers themselves?

      You need to get back on the other side of the fence before the bulls spear your with their horns.

    41. Re:Enough already by Anonymous Coward · · Score: 1, Insightful

      Remember the past legal wranglings.

      Apple told Real to fuck off, repeatedly.

      They are a business competitor, not doing it for anything but pure financial gain.

      A hacker for knowledge (or even singular gain) has no comparison to a company doing it simply to survive as a direct competitor.

    42. Re:Enough already by Anonymous Coward · · Score: 1, Insightful

      The actual issue for Apple is "Hey! You're going to take business away from iTunes if just anybody can put any music on our iPod!"

      More like, Apple doesn't want to take on the burden of supporting Real's hacks.

    43. Re:Enough already by PriceIke · · Score: 3, Insightful

      If I buy a Walkman, and I want to listen to a TV show on it (for whatever reason), and I devise a way to record audio content from a television onto a cassette I can play in my Walkman, there isn't the first thing wrong with doing that. I'm using the product (the Walkman) for its intended purpose: the playback of cassettes. If I want to control WHAT the cassette plays, I should be able to. It's MY cassette player. Apple's iPod is a device designed to play digital audio files. PERIOD. If someone figures out a way to better control what audio files their iPod can play, GOOD ON THEM. I don't remember ever reading where I must only play Apple's digital audio files on my iPod. And if they actually made that part of their EULA, that's just plain ridiculous and I've no intention of paying it any mind. Sony never said, "You can only listen to SONY cassettes and SONY-controlled music on the Walkman," and then deliberately crippled it to make their assertion true. If they had, would their product have been as successful?

      --
      It's not a lie. It's the truth with lossy compression.
    44. Re:Enough already by bizard · · Score: 1

      From what I understood, there is no hack of the iPod. Instead, Real has managed to re-package their own tracks in FairPlay wrappers which they reverse-engineered after Apple denied them a license to FairPlay. So, this would be very different than hacking the X-Box. Although I see Apple having every legal right to prevent this (since FairPlay which is their IP was hacked) I don't think that it is a good thing to do for either innovation or the iPod. Apple seems to be having trouble determining if they want to make money off the iTunes store, or off the iPod and in the process stomping on their users.

    45. Re:Enough already by ColMustard · · Score: 1

      That's his point, that you can open "Windows" files on a Mac OS machine.

      --
      Moof.
    46. Re:Enough already by PriceIke · · Score: 2, Funny

      This post isn't informative (I have given up trying to apply logic to moderators' actions) but I certainly agree with it.

      There should be mod points for +5 Fuckin' A.

      --
      It's not a lie. It's the truth with lossy compression.
    47. Re:Enough already by PriceIke · · Score: 1

      Well said brother.

      --
      It's not a lie. It's the truth with lossy compression.
    48. Re:Enough already by Anonymous Coward · · Score: 0

      Apple is just pissed because the Real hack has a chance of cutting into their revenue stream

      This is what I don't understand: Apple don't make any money selling music. They break even. They use it to promote hardware sales - their iPods. This move by Real is something they should welcome, not sue over.

    49. Re:Enough already by bechthros · · Score: 3, Insightful

      I don't know what's more ironic - the similarity between the two situations, or the fact that a major step toward the standardization of phonograph playback was the intervention of a little thing called the RIAA, who standardized preamps and eq curves for phonograph players (turntables)

    50. Re:Enough already by MoneyT · · Score: 5, Insightful

      Yes, and if you buy an iPod and make it so that your real files can work with it, that's fine and dandy. But you aren't Real. Especialy if Real starts advertising as "iPod compatible" you run into the problem of this being an unsupported hack, which most of the consumers won't understand.

      --
      T Money
      World Domination with a plastic spoon since 1984
    51. Re:Enough already by pritcharda · · Score: 2, Interesting

      "This is stifling innovation, not protecting anyone."

      No, Apple is trying to do just that, protect their customers! Not from competition, or from a particularly bad format. But from the experience of incompatibility.

      People buy Apple products for a number of reasons, but once you remove the designers and technologists you end up with a large percentage that just want a system that works. Every Time! If apple allows 'Un Authorized" distributors, it can no longer control the user experience. Imagine:

      Your father / mother buys an iPOD, downloads a number of songs from iTunes and is generally happy with the device. They turn it on and press the play button and music comes out the head phones. Now they see an add stating that Real has the same music, at a better price / a better selection / whatever. They then go and download a number of songs from Real. Now Apple updated the iPOD, adding functionality and lo and behold the music the user downloaded from Real no longer plays. Q: Who do you think they are going to call? A: Apple! Q: How will this affect the reputation of Apple? A: Badly! Q: How will this affect the reputation of Real? A: Real Who? The user will never associate the problem with the file!

      So, although I do not care for the DMCA, I think Apple has every right to fight Real on this. They are protecting their brand and the people who pay a premium for the luxury of having a system that works every time they turn it on.

    52. Re:Enough already by Perl-Pusher · · Score: 2, Interesting

      So should it be illegal to add a trailer hitch to a car to pull a trailer since the car didn't come with that functionality? What so special about an iPod that makes it different from a car? In a car it is illegal too remove some functionality (ie polution controls), the same logic could apply (ie remove DRM). But real networks didn't do that, what they did is not much different than say put in a larger disk! Should that be illegal? How about I upgrade an older Dell computer that had Win2k to WinXP? The computer didn't come with XP, by your logic should that be illegal? How about Linux? Or are you just trolling and really aren't that shallow in thought?

    53. Re:Enough already by ClosedSource · · Score: 1

      "Apple has every right to speak up"

      Of course it does, even if it harms their relationship with their customers. The question is whether Apple should be allowed to stop Real from competing, which is very different question.

      If Apple does attempt to fight this in court they'll probably lose more by damaging their reputation than they stand to lose by Real's actions.

    54. Re:Enough already by Anonymous Coward · · Score: 0

      "No, Apple is trying to do just that, protect their customers! Not from competition, or from a particularly bad format. But from the experience of incompatibility."

      Based on Apple's history, I'd say they have no problem with incompatibility as long as it leads to the sale of more Apple products.

    55. Re:Enough already by pickup22 · · Score: 1

      Of course Real offered to license the API first which wouldn't have had this problem but they were turned down.

      --
      God, I wish I could think of a sig!
    56. Re:Enough already by Anonymous Coward · · Score: 0


      Real offered precisely squat. They had nothing Apple needed.

    57. Re:Enough already by Jeremy+Erwin · · Score: 1

      CBS is the Columbia Broadcasting System, founded in 1927 as the Columbia Phonograph Broadcasting Company. I find it rather doubtful that they would spurn what was, at the time, their own sister company.

    58. Re:Enough already by glesga_kiss · · Score: 1
      People are still GOING to buy iPods.

      Apple don't really care about that. The threat to their future iTunes profits is likely their number one concern. With eMusic growing in popularity every day, this is a market they want to lead. Right now they are in a position that could threaten the RIAA themselves, potentially owning the entire distribution chain for future music, right down to the playback devices themselfs.

    59. Re:Enough already by ePhil_One · · Score: 5, Interesting
      No, what they are saying is that they don't want "Real", notorious for crappy software, patching their OS in their well designed and pretty crash free interface.

      How many iPod users are going to say after this patch makes their iPod's CrashMatic 3000's It Real's fault, versus calling in the support lines and bitching in public about how iPods are all crappy and unstable.Apple is protecting their brand and image from potential harm caused by Real's medling.

      --
      You are in a maze of twisted little posts, all alike.
    60. Re:Enough already by phearlez · · Score: 2, Informative
      The article even states that apple makes essentially no money on music sales, so who cares if Real gets in on it?

      When the question is "why" the answer is ALWAYS money. Since it's not sales money (though perhaps they believe they will start to make money if sales continue and less competition will accelerate that timetable) it's likely support money, and although I oppose DMCA action I can see their point here.

      If Real's after the fact authorizations screw up, say, 0.5% of the iPods out there in a way that requires a support call, thats 3,000,000 * .005 = 15,000 calls. Even if Apple tells every one of those people "tough break, it's your own damned fault" that's still 15,000 calls times however many minutes each call averages.

      All of which misses the big problem for Apple which is that an unsatisfactory experience with an Apple product reflects, for most consumers, on Apple. Even if It Is All Real's Fault. Hell, they might not even have the guts to tell people to FOAD if they screw up their iPods - the beating they took over their idiotic battery policy is probably still fresh in their minds.

      --
      Bad management trumps ideology - Show the world you want better leadership. http://www.timefornewmanagement.com
    61. Re:Enough already by Bricklets · · Score: 1

      I'm constantly hearing the argument that since Apple doesn't make any money off of iTunes, they shouldn't care. Wrong. Does iTunes runs itself for free? There are costs to bandwidth, maintanence, support, staffing, future development, etc. Right now as successful as they are their profit margins are extremely slim. And this, mind you, is with iTunes doing this well. Real could potentially cut into iTunes revenue turning a break-even proposition into a losing one, and I'm sure it is NOT in Apple's best interest to have iTunes start bleeding cash.

      Sheesh.

      --
      Little Bricklets
    62. Re:Enough already by squiggleslash · · Score: 1
      Ummm...you don't honestly believe this do you? It is entirely Apple's business if another company tries to profit from a technology developed by Apple. If Real reverse-engineers a technology developed by Apple, for their own financial gain, Apple has every right to speak up.
      I completely disagree in this context. Real is profiting by selling Apple's customers music. That's all. And that's what the iPod is supposed to do, what it was sold, to customers, to do.

      If Real was producing their own iPod, and reverse engineered the technology to play Apple's DRM'd music, then that might be another story. But they're not.

      Really, quite honestly, Apple should have cooperated with Real when they had the chance. They could have shaped Real's offering and made sure they retained some kind of control. Right now, if Apple went any further with its threats, if I were Real I wouldn't just continue...

      ...I'd publish the results of the reverse-engineering.

      --
      You are not alone. This is not normal. None of this is normal.
    63. Re:Enough already by tmalone · · Score: 1

      Mercedes didn't intend for my car to run of bio-diesel. Yet, if I choose to, I can go out and get a kit to convert my car. How is this any different?

    64. Re:Enough already by bnenning · · Score: 1

      When people buy their iPods, they know exactly what they're getting and exactly what is compatible with it. And that compatibility does not include Real's store. How is it something they "should have" or anything of that sort?

      Yeah, God forbid people try to do new things with technology. That could lead to innovation, and we know how much that annoys established businesses.

      If Apple wanted it to work with other stores, they'd license it. They haven't.

      That's nice, but Apple's wishes are irrelevant regarding a product that I own.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    65. Re:Enough already by InsaneGeek · · Score: 1

      Initially playing dvd's on Linux was more of a "might work" then does work; it wasn't if it'd crash, it was when. The MPAA & dvd group were protecting their brand and image from potential harm caused by Linux.

    66. Re:Enough already by glesga_kiss · · Score: 1
      They are a business competitor, not doing it for anything but pure financial gain.

      Yeah, but the consumer (i.e. the electorate) wins and surely that should be relevant. What ever happened to that whole "for the people, by the people" thing?

    67. Re:Enough already by Lord+Kano · · Score: 3, Insightful

      Why shouldn't people be able to play music files that they have purchased, on a piece of hardware that they've purchased? The files are Real, the hardware is Apple. Why isn't that "cool"?

      Because the Apple Zealots don't like anything that Apple doesn't like. This isn't about piracy, harmony allows you to copy files that you have bought from Real on a piece of hardware that you have bought from Apple.

      If iTMS gets big enough, Apple WILL drop support for MP3 and unencoded AAC files from the iPod because that would force people to get all of their portable music from iTMS.

      What many people don't get is that Apple is just a business. No more, no less. The fact that they don't understand that the "ethics of a hacker" and the "ethics of a business" are not incompatible says it all.

      BTW, don't believe me about the Apple Zealots, just watch what they do to this post with moderation.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    68. Re:Enough already by bechthros · · Score: 1

      "It is the right of the owner of a property to allow another party to use it at their discretion or not."

      OK, fair enough. Now, I own property - an iPod - that I would like to grant Real discretion to use. You see how this logic cuts both ways?

      Granted, I dislike Real almost as much as I dislike Apple (hey, at least Real never tried to get me spend money on anything *monochrome*).

      I feel strongly that in a contest between property rights of relatively defenseless, mostly technically ignorant consumers, versus the supposed property (but usually really licensing) rights of incredibly well-funded, incredibly litigous, generally irresponsible corporations, even if all things were equal (which they hardly ever are), the rights of the consumers should definately trump those of corporations for one simple reason.

      Corporations would not and could not exist without consumers. Consumers can and have existed just fine without corporations, and would cheerfully again. Therefore, while I'm in favor of corporate rights inasmuch as they don't infringe on consumer rights, when corporations choose to align themselves, diametrically, against their consumer base they *need* to be shot down like a rebellious teenager who steals the parents' car *needs* discipline.

      Consumers enable the very existance of corporations, and hence should take moral and legal priority in any situation where they're foolish enough to align themselves directly against those without whom they could not exist.

    69. Re:Enough already by NormalVisual · · Score: 1

      If Real's after the fact authorizations screw up, say, 0.5% of the iPods out there in a way that requires a support call, thats 3,000,000 * .005 = 15,000 calls. Even if Apple tells every one of those people "tough break, it's your own damned fault" that's still 15,000 calls times however many minutes each call averages.

      How is this different from the support calls Dell or any other manufacturer gets when some badly written applications software tanks Windows and the customer is on the phone bitching about it? It's not Dell's fault, but when you build a product for distribution to the general public, you have to accept that you're going to get support calls. A great big "wah!" goes out to those companies that want to bitch about that.

      I probably have more Apple products in my home than most /.ers, and I really like Apple's design philosophy and the fact that *out of the box*, the stuff generally works well. However, Apple doesn't have the right to tell me what I can and can't do with the equipment I own, nor do I think they should be allowed to tell a competitor what they can do simply because it might inconvenience them. Apple is wrong on this one, and they'll just need to deal with the upset customers and explain to them that it's their own fault for screwing their iPod up, just like the auto dealer will refuse to honor your warranty if you show up with an engine you blew while racing. Refer 'em to Real, and let them deal with it.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    70. Re:Enough already by thaddjuice · · Score: 2, Insightful

      They should, but one of the things that makes Apple great is that stuff "just works". Apple doesn't want people calling tech support and saying, "Why can't I play xyz song from abc store"? They want to protect that and if they have the means to, I say let them.

      --
      Find me in ~/.sig
    71. Re:Enough already by SilentChris · · Score: 2, Interesting

      Not to mention that they've been pushing the open standards issue ever since Darwin. I always thought that was a curious double-standard. When they're open (Darwin, Rendezvoux) they're REALLY open. When they're closed (Quartz, iPod) the door is glued shut.

    72. Re:Enough already by matgorb · · Score: 1

      Then you sell a piece of code, not music! The beauty of the system until now was that everything you buy would play on anything you bought (LP, tape, CDs) but then if we start to have x not playing on y it will be a terrible because if they start like this, then one track will be available from one shop only, and then to play it you'll have to buy the player supporting it... ridiculous, I think I will stick with analog from now on...

    73. Re:Enough already by Anonymous Coward · · Score: 1, Interesting

      Apple's iPod is a device designed to play digital audio files. PERIOD.

      No, it's not. It's designed to play .AAC, .MP3, .AIFF, and .WAV formats, which just happen to be digital audio files. If you want to play another format, buy another player. Apple is completely within their rights to determine what gets played on their player in *their* licensed, proprietary format.

      What no one is asking is, "If Real was so hard up for revenue, why didn't they encode their songs as .MP3s?"

      By circumventing Apple's DRM in order to get music onto the iPod, they are actually *reinforcing* the DRM. They are encouraging people to buy Real encoded files that will play only on the iPod.

      I don't remember ever reading where I must only play Apple's digital audio files on my iPod. And if they actually made that part of their EULA, that's just plain ridiculous and I've no intention of paying it any mind.

      Then don't go bitching to Apple when your iPod breaks. You can't have it both ways; either you play by Apple's rules and your iPod works as promised, or you can hack the hell out of it to a point where it may no longer work.

      BTW, are there any other laws you don't feel like obeying? Why follow any laws at all?

    74. Re:Enough already by jrockway · · Score: 1

      This is a case of the Apple zealots^W fanboys coming out. If this were M$, and an independent developer, say, got Linux to run on the xbox, and M$ didn't like it, we would all be cheering on the independent developer. Why shouldn't Real be allowed to do this? Why can only Linux people we like reverse engineer things?

      Look, Real is 100% in the right here. Apple fucked them, and they're doing things their own way now. Apple is pissed, because... I don't know. Now they can't lock you into iTMS? Now you'll have two music stores to fill up your iPod with?

      I don't really see the problem. Apple screwed up, and they shouldn't whine about it like babies. They've had the most popular music player for years, why wouldn't someone else want to capatilize on that? Wake up, Apple.

      --
      My other car is first.
    75. Re:Enough already by ArmpitMan · · Score: 1
      Repeat after me: Reverse engineering for the purposes of interoperability.

      Compare the following conversations:

      "Hey MPAA, let me play DVDs in Linux."
      "No."
      * hack *
      "I told you not to do that! Now people can enjoy the media of their choice on the platform of their choice!"

      "Hey Apple, let me play RealMedia on iPods."
      "No."
      * hack *
      "I told you not to do that! Now people can enjoy the media of their choice on the platform of their choice!"

    76. Re:Enough already by PasteEater · · Score: 2, Interesting

      Someone's the bad guy here but it sure doesn't feel like Real for giving consumers more choice on their legally purchased hardware. Or did I miss the part where restricting how we could use our own hardware became "cool".

      No, I think you missed the part where the Apple logo loaded as soon as you switched your iPod on. The *software* is what's making the hardware work. When you loaded iTunes for the first time, you agreed to Apple's EULA which allows only limited functionality of their hardware. Don't like it? Buy something else!

      If you don't want to follow Apple's EULA, then why should SCO (or anyone else) have to follow the GPL? Unfortunately, if you own and use an iPod, you've already made the decision to play by Apple's rules. You can't change those rules in the middle of the game.

      --
      There are two kinds of people in the world: those with loaded guns, and those who dig.
    77. Re:Enough already by trentblase · · Score: 1

      I don't necessarily agree with Apple's sentiment, but I think you're dead on. Apple has long been extremely careful with it's image as making things that "just work". That's why they were so opposed to third party hardware manufacturers way back when. Well, that and the money.

    78. Re:Enough already by pyite · · Score: 1
      they are creating proprietary devices which will only work with their licensed media. [...] sony is doing this, apple has done this, and there is one other who's name escapes me."

      But here's where it becomes not so cut and dry. The iPod will play MP3s VERY VERY HAPPILY. In fact, I haven't a single AAC on mine. If Real just sold MP3s, this wouldn't be a problem.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    79. Re:Enough already by pyite · · Score: 1

      iTunes doesn't make a profit. They don't intend it to make a profit. This has been made clear by Apple themselves.

      --

      "Nature doesn't care how smart you are. You can still be wrong." - Richard Feynman

    80. Re:Enough already by AstroDrabb · · Score: 1

      That is total crap. It would be like Ford saying I could not use a non-Ford part because they are protecting the "safety" of the vehicle. People wouldn't stand for an auto company telling them they can only use parts, gas, etc from the auto company. Why should people put up with it from Apple? All Apple has to do is not support customers that put this on their iPOD, tell them they are on their own. Instead Apple will lie and say they don't want this software from Real to "protect" their end users. When in fact it is because Apple just wants to try and control the whole market like they try to do with their computers and OS.

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

      If I buy an iPod, it's mine. If I want to tear it open and take out the drive, I will. If I want to hack the software, I will. If I want to play Real music on it (though why, I don't know), I will.

      So... what's stopping you? No one is saying that you can't do that. If you happen to break your iPod in the process, then.... well you're fucked!

      Oh, and way to stand up against DRM! Because that's what Real is doing (rolls eyes). Actually, Real is helping Apple's DRM by embracing it you fucking dolt.

    82. Re:Enough already by Skynyrd · · Score: 1

      sony is doing this, apple has done this, and there is one other who's name escapes me.


      And that's why I won't buy a Sony (and memory stick). If I had that kind of cash to drop on a music player, I'd buy an iPod, because it has the features I want: MP3 playback, large drive, good UI.

    83. Re:Enough already by Scrameustache · · Score: 3, Insightful

      If I buy an iPod, it's mine. If I want to tear it open and take out the drive, I will. If I want to hack the software, I will. If I want to play Real music on it (though why, I don't know), I will.

      Damn straight.

      Fuck any damn comapny that wants to tell me what I can do with *MY* hardware!

      But, AFAICT, they are not telling YOU what you can't do with YOUR hardware, they are telling Real what THEY can't do with THEIR hardware.

      This isn't a big company crushing the little guy with the DMCA, this is two companies duking it out, with their respective armies of lawyers and techs using everything at their disposal to win the fight.
      Of course, in this instance, Real is using ingenious techs and Apple is fighting back with insidious lawyers, so we're rooting against Apple.

      I think this whole thing will end up being settled with Real agreeing to give some dough to apple in exchange for letting them do their thing. That way Apple will make sure it doesn't break compatibility in the next upgrade instead of making sure they do break it, as they are threatning to do now.

      --

      You can't take the sky from me...

    84. Re:Enough already by Scrameustache · · Score: 1

      Somehow this is different when we hack open Microsoft gaming consoles?

      This isn't we, this is them.

      Down with Microsoft for creating a closed format that we cannot do what we want with! How dare they!
      Apple creates a unit that is closed, refuses to allow Real to come in and have an alliance for it, and so Real hacks it to do something cool. Apple "lays the smack down" and somehow that is a good thing? Killing innovation?


      I think this is all a big turf war.
      Real isn't innovating, they're jamming their foot in the door Apple is trying to shut in their face. Real wants to make money by telling their client "buy from us, play it on your shiny new iPod!", Apple says "Nah-huh! They buy from us, you give us a cut or we don't let you in!", Real doesn't want to give them a cut, so they get in by force, Apple says "No fair! I'm telling the judge!", and here we are, picking sides.

      Apple has the bigger end of the stick, they are gonna end up making a deal with Real, and they will get their cut.

      Zealotry is one thing but blatant fence hopping is another.

      Oh, there's definatly some heavy duty zealotry going on, but we're still on the same side of the fence, the one Real isn't on.
      God I hate Real...

      --

      You can't take the sky from me...

    85. Re:Enough already by duvie · · Score: 1

      you would fuggin' think that Apple'd have learned their lesson by now, as to what comes of stubbornly defending a closed architecture??? Didn't they almost go tits up a couple times before now? Stick a fork in 'em, they're done this time.

    86. Re:Enough already by AstroDrabb · · Score: 1
      And that compatibility does not include Real's store.
      Now it does : )
      People know it's not supposed to work with other stores.
      Umm, no. People know it does not _currently_ work with other stores. Why in the world is it "not supposed to work with other stores"? That almost sounds like you are saying it is bad or wrong for it to work with other stores. Since when is giving end users more choice a bad thing?
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    87. Re:Enough already by User+956 · · Score: 1

      The article even states that apple makes essentially no money on music sales, so who cares if Real gets in on it?

      This brings up an interesting point. Given their reaction, it's a logical deduction that Apple is LYING OUT THEIR ASS about "not making any money from iTunes music sales".

      If you think about it, it makes sense. Apple pockets about $0.35 out of every $0.99 track. The files are about 4 megs, on average. Allofmp3.com, which is in Russia, charges by the megabyte for its downloads. A 4 meg file costs you $0.04. That's right.. they charge FOUR CENTS per song, on average. Now, given that they can charge so little, and still turn a profit, don't you think it's a little outlandish for Apple to claim that it doesn't make any money on its music sales, when it's making over EIGHT TIMES the amount of profit per song as one of its competitors?

      --
      The theory of relativity doesn't work right in Arkansas.
    88. Re:Enough already by dakryx · · Score: 1

      A better example would be Ford getting pissed at Nissan for releasing software for the ECU because that could jeopardize the safety of the vehicle.

    89. Re:Enough already by Scrameustache · · Score: 1

      The reason I don't own [a mac] (and probably never will) is that that niche caters to those who desire a pre-produced, non-gaming-capable tool for "productivity".

      It IS gaming capable machine! There ARE games on it.
      Its not Apple's fault that most publishers and developpers don't bother to make mac versions of the games!

      In practice, you are totally right, the Mac isn't for gamers, because most games are not realeased (or are released later) on the mac.
      But please, don't imply that they want it that way.

      I yearn for the old days, when most games were multi-platform, before Microsoft secured its gaming monopoly : (

      --

      You can't take the sky from me...

    90. Re:Enough already by AstroDrabb · · Score: 1

      There is no "hack" on the iPOD. Real has a "Fair" play wrapper and wraps their songs in it. The iPOD will play those songs just like any other "Fair" play song. So there is no software or "hack" needed for the iPOD. I think this is a good move on the part of Real. Apple as usual wants to sell hardware and try to lock users into their software as well. And in this case it is even worse since Apple is trying to lock users into only their music store.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    91. Re:Enough already by scaaven · · Score: 1

      I think the backlash is more about the name of the company being Real. We here at /. are relatively tech-savvy, and probably most of us have had our computers taken over by Real player at one point or another. Real is an evil, evil corporation that wants to plaster the world with so many in-your-face advertisments that you'd need a machete to walk out your front door.

      --
      I know I'm going to be modded up on this
    92. Re:Enough already by zurab · · Score: 1
      if Real starts advertising as "iPod compatible" you run into the problem of this being an unsupported hack, which most of the consumers won't understand.

      I don't think Real can start advertising that they are "iPod compatible" - I am pretty sure that iPod is Apple's trademark and they could stop Real easily. However, I think it would be OK to list the devices that their service is compatible with, including iPod in that list and properly disclosing the trademark.

      I don't know how if it would be an "unsupported hack" if the software is supported by Real. And I don't know if Real modifies any firmware on iPod, then Apple could void the warranty, I guess. IANAL.
    93. Re:Enough already by ePhil_One · · Score: 2, Informative
      Initially playing dvd's on Linux was more of a "might work" then does work; it wasn't if it'd crash, it was when. The MPAA & dvd group were protecting their brand and image from potential harm caused by Linux.

      No, this arguements as rediculous as the RIAA's.

      MPAA is not seen by anybody as responsible for the quality of linux code, and they certianly never answer tech support calls. Apple is most certainly seen as responsible for the stability and quality of the iPod. Additionally, since most users do not see the iPod as a minature computer, they likely don't comprehend that loading a hack like this could cause them no end of trouble, wheras just about every linux user understands the risks associated with testing out new code on their system.

      --
      You are in a maze of twisted little posts, all alike.
    94. Re:Enough already by AstroDrabb · · Score: 1
      Apple having every legal right to prevent this (since FairPlay which is their IP was hacked)
      Apple didn't write "Fair" play. They got it from another company. So, I wouldn't even be sure that Apple has any legal right since it is not their "IP".
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    95. Re:Enough already by mrchaotica · · Score: 1

      Yeah, I agree. It sucks having to boycott Sony because they have some nice stuff (like that 5 megapixel pocket camera), but there's no way in hell I'm going to use memory sticks!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    96. Re:Enough already by ePhil_One · · Score: 1
      That is total crap. It would be like Ford saying I could not use a non-Ford part because they are protecting the "safety" of the vehicle.

      I got news for you. Try installing an aftermarket nitrous oxide kit in your mustang then trying to get your blown engine covered by Ford. Hell, you void your warranty just installing a "chip"; its just harder for them to detect.

      Apple does not want to control the whole market. Apple wants to own the high end, and they do that by ensuring their products are high quality and stable; not by catering to every geek that wants codec XYZZY support. The iPod supports MP4/AAC, MP3(cBR & VBR), WAV, and now even has a lossless codec. How much more do you need?

      --
      You are in a maze of twisted little posts, all alike.
    97. Re:Enough already by radbrad · · Score: 1

      Yes, apply will lose money over to Real selling shit, but I think the biggest issue here is the approach Real took. They did not try licence the technology from apple, they hacked it.

      As hardened geeks i am sure the reply will be a GNU-stallmanesc "It is my right". Yes, it is your right, but unethical behaviour between two parties aiming for the same slice of market is not cool.

      I think Apple is being quite hypersensitve (and quite silly) in their treating of the iPod and iPod technology, but when you realise they are trying to move their profits to media.

      --
      -- P'thk! http://radbrad.rucus.net/
    98. Re:Enough already by glesga_kiss · · Score: 1
      They don't intend it to make a profit. This has been made clear by Apple themselves.

      Yeah. For now.

    99. Re:Enough already by Anonymous Coward · · Score: 0

      "...you're hypocritically sacrificing your philosophical beliefs just because you like who is getting the shaft."

      And you expected anything else?

      You must be new here.

    100. Re:Enough already by Hes+Nikke · · Score: 2, Insightful

      They did not try licence [sic] the technology from apple, they hacked it.

      uh.. real *DID* try to license it from apple.. apple turned them down.

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    101. Re:Enough already by Anonymous Coward · · Score: 0

      sorry pal, I live in the UK. When I buy a DVD, I am perfectly aware that there is NO legal impediment whatsoever to watching it on my Linux hardware.

    102. Re:Enough already by Hes+Nikke · · Score: 1

      If iTMS gets big enough, Apple WILL drop support for MP3 and unencoded AAC files from the iPod because that would force people to get all of their portable music from iTMS.

      at which point in time, a significant portion of the iPod market will goo elsewhere when they outgrow their current 'Pod.

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    103. Re:Enough already by Anonymous Coward · · Score: 0

      I think the more practical question is this: should Apple be forced to consider Real's Harmony when it comes time to enhance the iPod's software or firmware? If folks use Harmony to convert files for use on their iPods and an Apple upgrade breaks Harmony, then who is responsible? Should Apple not put out an upgrade for their product because it breaks an unlicensed and unwanted 'enhancement'? I should hope not.

    104. Re:Enough already by Hes+Nikke · · Score: 1

      if it was *any* company other than real (and maybe sony) i *would* be cheering them on. yes, this does include microsoft.

      real and sony have a history of doing stupid stuff to their consumers, there fore they do not deserve my support.

      --
      Don't call me back. Give me a call back. Bye. So yeah. But bye our, well, but alright we are on a shirt this chill.
    105. Re:Enough already by ewhac · · Score: 1
      ...if Real starts advertising as "iPod compatible" you run into the problem of this being an unsupported hack, which most of the consumers won't understand.

      If this is truly the case, then it was entirely unnecessary for Apple to couch their objections under the rubric of unethical "hacking" of their product. Compare Apple's press release with this, which I just made up on the spot:

      Apple wishes to extend its congratulations to Real for their work in making their RealMedia(R) products iPod(R)-compatible. The spirit of dilligence, curiosity, exploration, and imagination lie at the heart of both our companies, and have built the vibrant industry we all enjoy today.

      While we applaud Real's innovation, we would nevertheless like to caution Apple iPod owners that Real's work was done without Apple's consultation, and does not integrate well into the iPod's design. Apple also continues to work to enhance the iPod's design, both for existing and future products. Real's products may not be compatible with these planned enhancements. Therefore, iPod owners should beware that RealMedia products they obtain for their current iPod may not work with future iPod software updates, or with future iPod products.

      Apple will continue to work with Real and other third parties to make a wider selection of media products available to our customers, and to make the iPod the defining standard for portable media players around the world.

      There. Much more civil, isn't it?

      Schwab

    106. Re:Enough already by Anonymous Coward · · Score: 0

      So right now people call them up and they have to say. "Sorry, you can't play Real songs on the ipod." If they don't give Real a hard time they just change the line to "Sorry, we don't support playing Real songs on the ipod." Why is this a big difference?

    107. Re:Enough already by Anonymous Coward · · Score: 0

      Right, Apple is completely within their rights to tell Real to fuck off. The question is, did Real do anything wrong when it went along with its plans without Apple's ok?

    108. Re:Enough already by Anonymous Coward · · Score: 0

      So to protect their customers from incompatibility, they must make sure that under no circumstances can anyone increase their compatibility.

    109. Re:Enough already by andreyw · · Score: 1

      Well, lately I've noticed that they've wisened up - contributing to OSS (See Helix Project). Now they allow iPod owners to have CHOICE. Sure, they are doing for purely commerical gain - but the consumer wins. Instead of being herded like cattle by Apple, they now have a choice. More music. The consumer wins! So whats the problem?

      Just because Apple wisened up enough to embrace *nix and are currently the "underdog", does not give them special rights to fuck over the consumers.

    110. Re:Enough already by unclethursday · · Score: 1
      The reason I don't own one (and probably never will) is that that niche caters to those who desire a pre-produced, non-gaming-capable tool for "productivity".

      Funny, my iBook runs Unreal Tournament 2004 just fine. As well as Halo for the Mac. And a bunch of other games as well.

      And yet, it is still a very productive piece of equipment.

    111. Re:Enough already by TheGavster · · Score: 1

      You forget that this is Apple. They think that you should be running Apple software in your Apple assembled computer containing Apple parts on top of an Apple OS. Its like Microsoft, except that they already have the hardware lockin on customers. Other people selling things that have to do with Apple devices? HERESY! If forced to choose, I'd probably have to say that MS is friendlier; at least they never sued the pants off of anyone who wrote a codec for WMP.

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    112. Re:Enough already by Sloppy · · Score: 1
      I just can't escape the feeling that if the name of the company involved was anything besides Apple, 99% of the community here would be decrying their anticompetitive behavior.
      Not surprising. What is also not surprising, is that in this case, the name of the company is Apple, and 99% of the community is decrying their anticompetitive behavior.

      The obscuring factor here is that the other party (Real) is very much hated, so while most everyone hopes that Apple loses this fight, they also hope to see Real at least take a little battle damage before winning. :-)

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    113. Re:Enough already by LO0G · · Score: 1

      Much more civil, but making a HUGE assumption. That Apple actually is OK with other people playing in their sandbox.

      I'm not as convinced that they're that altruistic. If they could get away with ensureing that only Apple could write applications for the Macintosh, they would.

    114. Re:Enough already by Anonymous Coward · · Score: 0

      > How many iPod users are going to say after this patch makes their iPod's CrashMatic 3000's

      The iPod is not being "patched". Real has just found a way to wrap their AAC files such that the iPod thinks it came from iTMS.

    115. Re:Enough already by ColMustard · · Score: 1

      If I own a device, I can do whatever the fuck I want with it. So can Real.

      Yeah... so how does that relate? Real doesn't own the iPod. If you, the consumer, hack your iPod to play Real files, that's just great for you--nobody is disputing the fact that you have the right to do whatever you want with what YOU buy. But it isn't the same thing as Real reverse engineering another company's technology in order to bring in more money for themselves.

      --
      Moof.
    116. Re:Enough already by ColMustard · · Score: 1

      Should Sears be surprised at what people are using their tools for?

      That's not the issue. Your statement would apply if Apple was suing a customer of their product over what they're using their products for. Apple doesn't care what consumers do with their bought iPods!

      The issue is that a competing company reverse engineered their technology in order to bring in more money for themselves.

      --
      Moof.
    117. Re:Enough already by inertialmatrix · · Score: 0

      Although my karma is so bad I doubt anyone will get to see this, I still wanted chime in with agreement in what Skye16 said.

      I think the comparison to hypothetical sony made dvd players that only play dvd's rented or bought through sony media channels is spot on. Apple does not need to make the ipod fully open and compatible to other companies and their preferred file formats, but how could anyone disagree with more choices in the marketplace? To some extent the U.S. is a free market of products and ideas, and competition and innovation of those ideas and products is what makes both of them better.

      As an aside, you know Glasser knew about Harmony prior to his meeting with Jobs a few months ago... I bet when Jobs heard about Harmony he went nutz!

      Also, I know most PC users hate Real for their spyware, however I do appreciate the competition it provided in a windows media centric internet. Often quicktime is not offered, and the choice is either Windows Media or Real.

      One last thing.. why is it that everyone assumes that Macs are a "non-gaming-capable" machine? I moved from a PC about a year ago and play all the games I liked on PC, and they play as well or better then they did on my old OC'd P4. I say have your cake and eat it too.


      UT2K

      SoF2

      Halo

      MoH

      Civ III

      Diablo II

      Ghost Recon

      Splinter Cell

      Dungeon Siege

      Never Winter Nights

      Quake3

    118. Re:Enough already by ewhac · · Score: 1
      Much more civil, but making a HUGE assumption. That Apple actually is OK with other people playing in their sandbox.

      Actually, it may be you that's making assumptions:

      1. That Apple has the right to dictate activity within the sandbox,
      2. That the sandbox belongs to Apple at all.

      Neither assumption is correct.

      Apple may be unhappy with how people conduct themselves within the sandbox, but vociferous complaining is about the extent of their options. They don't get to haul in the playground monitor and Make Them Stop. They could, of course, change the sandbox to make it more difficult for other people to play in it, but that sort of behavior would be -- dare I say it? -- childish.

      Schwab

    119. Re:Enough already by LO0G · · Score: 1

      Apple makes the OS. It makes the hardware. It makes the music store. It makes the music player.

      If you get to choose who plays in the sandbox, it's your sandbox, and for the Macintosh, it's Apple's sandbox. That's why they don't open up their systems.

      If you don't like it, buy a PC.

      Vendor lock is good for Apple.

    120. Re:Enough already by Anonymous Coward · · Score: 0

      The question I want to know is if I have some Harmony files and some FairPlay will they always follow the same usage rights? Will I be able to import Harmony songs into iTunes and burn CDs for my friends and for my car. If I can't then what good is REAL?

    121. Re:Enough already by ewhac · · Score: 1
      Apple makes the OS. It makes the hardware. It makes the music store. It makes the music player.

      These facts are true. They are also not relevant.

      If you get to choose who plays in the sandbox, it's your sandbox, and for the Macintosh, it's Apple's sandbox.

      But that's my point: Apple doesn't have that privilege. They absolutely do not have the right to say who can and can't play in the sandbox.

      Your attempt to draw a parallel with the Macintosh merely underscores my point. Anyone who forks over the dough for a Mac and (optionally) a development kit can write and distribute any program they want for the Mac. Apple may get to complain about it, but they don't get to enjoin it. Indeed, even for hostile software such as worms and viruses, Apple has no right of action against the writers and distributors of such malware.

      Some may attempt to draw a distinction between the Mac, which is an "open" platform, and the iPod, which is "closed." This distinction is merely nominal -- if I can write code and get it to run on a system I lawfully own, it hardly makes a difference if the vendor chooses to describe thata system as "open" or "closed." Your stereo is a "closed" system, but if you mess around inside to improve the sound quality or output power, Sony does not have the right to stop you. Nor do they have the right to forbid you from telling anyone else. They can recommend you avoid it, and void your warranty if you do it anyway, but that's it. There is no reason the situation should be different for computers and computer-based systems.

      Let me be clear: I'm not objecting to Apple's unhappiness with Real's reverse-engineering per se. What I'm objecting to is Apple's attempt to portray such reverse-engineering as unethical and immoral. It's not; it never has been. Apple owes its existence to such activity. For them to now claim it's somehow "unethical" obliges them, ethically, to self-immolate.

      Schwab

    122. Re:Enough already by Anonymous Coward · · Score: 0
    123. Re:Enough already by Lemmy+Caution · · Score: 1

      The question isn't whether or not it's foolish to install after-market gear. The question is whether Ford should be able to sue people for designing and manufacturing after-market gear.

      What more do we need? How about freedom? Real might just be big enough to fight a battle that we need to win - against the use of IP law to keep us from looking under the hood.

      If it were Microsoft or anyone else, there wouldn't even be this discussion. But Apple attracts a defensive fan-base for whom Cupertino can do no evil, and so we have this thread.

    124. Re:Enough already by Waffle+Iron · · Score: 1
      The issue is that a competing company reverse engineered their technology in order to bring in more money for themselves.

      So? This has been going on in many industries for over a century. Go into any auto parts store and you'll find thousands of reverse-engineered compatible auto parts.

    125. Re:Enough already by BasilBrush · · Score: 1

      You're way out of date. iTMS has made a small profit for the last 2 quarters. And the profit is only going to get larger as economies of scale apply big time.

    126. Re:Enough already by BasilBrush · · Score: 1

      Yeah right. They really seem to be screwing up with their iPods aren't they? Where have you been living for the last year? Antartic survey? Tibet? Jail?

    127. Re:Enough already by BasilBrush · · Score: 1
      It's just another format war. We've had them before. Baird vs Marconi TV systems, VHS vs BetaMax, Mac vs PC software, AF vs Metric bolt heads, 8 track vs audio cassette. One of them will emerge victorious, and everyone will use it from then on, and the other will die a death, and the people that adopted it will feel hard done to.

      Either WMA or Fairplay AAC will emerge as the DRM standard. By all that is Holy, let it not be the Microsoft one that wins. Thankfully, it looks like it won't be.

    128. Re:Enough already by BasilBrush · · Score: 2, Interesting

      From where I'm standing, it's the PC sheep over the wall that are getting all the abuse from cattle prods. I've never been happier with a computer than when I switched to Apple a couple of years ago. It was quite a relief from all the PC hassles, I can tell you.

    129. Re:Enough already by Anonymous Coward · · Score: 0

      What makes you think they're NOT minding their own business?

      The iPod is a cash cow for Apple.
      They're banking on the user experience for future customers.

      Buy an iPod. Download iTunes. Use seamlessly.

      Not, buy an iPod. Download Real. Have problems with Real. Contact Apple (when it's Real's issue), etc. Look at Creative's offerings after dismal experience with the iPod.

      Of course, that's an extreme example, yet it's not unfeasible.

      BTW, after all the comments Real CEO has made about Apple's iTunes, I wouldn't want to support them as well.

    130. Re:Enough already by BasilBrush · · Score: 1

      Microsoft have sued a lot of people for all sorts of things. If you try to publish software that breaks WMP DRM you'll get sued, just as much as if you do it to Apple's Fairplay.

    131. Re:Enough already by Igmuth · · Score: 1

      Hmm.... what about those 100% IBM compatable PC's people used to sell... (Or in fact anyother company that sells aftermarket parts)

    132. Re:Enough already by grrrl · · Score: 1

      Why shouldn't people be able to play music files that they have purchased, on a piece of hardware that they've purchased? The files are Real, the hardware is Apple. Why isn't that "cool"?


      Because they bought hardware and software that is incompatible. It's not that far out - you buy a x86 PC and you buy OS X but you can't run one on the other.

      You can buy a DVD player from the store in Aus (region 4) and a DVD online from the US (region 1) and it wont play - you made the *choice* to buy incompatible parts!

      you can buy a sony digital camera and complain your SD memory card wont fit - but you made the choice to buy each bit

      If you want to buy music online and have it work on the hardware *you chose* to buy, you have to buy music files that are compatible - get over it!

      if you cant get the song you want - order the cd! if you are in the US its ridiculously easy to buy stuff on line and have it delivered. spoilt with choice!

    133. Re:Enough already by russotto · · Score: 1

      EULA? I don't need to agree to anything to use software I bought, let alone hardware. Yeah, there's an Apple logo on the iPod; that means Apple makes it, doesn't mean they get to control what I do with it. There's a Mazda logo on my car, too, but if I want to drop in a turbocharger, there's nothing Mazda can do about it.

      I'll assume your GPL point is trolling; the FSF adequately explains the difference between the GPL and an EULA on their site.

    134. Re:Enough already by BasilBrush · · Score: 1

      It's no different from Consoles. You buy one of the consoles, you can't run any games on it that haven't been officially licensed by the console company. Actually iPods are far more open than consoles, because you can rip straight from CD or get MP3 files from where ever and they will play just fine.

    135. Re:Enough already by tantlerur · · Score: 1

      After reading about two thirds of the hundreds and hundreds of posts on this topic, you are, in my humble opinion, one of the very few who understands what is really going on here.

    136. Re:Enough already by Ohreally_factor · · Score: 1

      It is illegal to pull a trailer that weighs more than your car is rated for.

      I can think of various conditions where adding a trailer hitch to your car might be illegal as well. For instance, if you bolted it to a plastic fender and then tried to actually pull a load, you could get cited.

      So, beyond merely being merely a bad analogy, your analogy falls completely apart if we accept the premise. Try to think it through next time you want to invent an analogy.

      --
      It's not offtopic, dumbass. It's orthogonal.
    137. Re:Enough already by The+Fanta+Menace · · Score: 1

      If they *buy* an iPod, they *own* an iPod, and hence they can hack on it in any way they like.

      --
      -- Even if a god did exist, why the fsck should I worship it?
    138. Re:Enough already by Ohreally_factor · · Score: 1

      If this is the case (and from what I've read, I suspect you are correct), then Apple does not really have a legal claim to bring against Real, and their only real recourse is technical.

      If Real did their job correctly, then future iPod updates won't be able to break the added functionality. If Real did a sloppy job, then it will be easy for Apple to shut them out with the next update.

      Honestly, I don't think there is much Apple can do (assuming that Real has made a good Fairplay wrapper and documented their clean room practices), but I understand why Apple has to fight this anyway.

      An ideal solution from the consumer perspective is that this would force Apple to license the fairplay technology to other companies. Thus, consumers would have more choice, iTMS would have to compete on merits, and Fairplay would win out over MS DRM.

      On the otherhand, I doubt I'll be buying any music from Real, but this has nothing to do with their hacking the iPod. I just think they suck.

      --
      It's not offtopic, dumbass. It's orthogonal.
    139. Re:Enough already by Gadget_Guy · · Score: 1
      So, beyond merely being merely a bad analogy, your analogy falls completely apart if we accept the premise. Try to think it through next time you want to invent an analogy.

      You are arguing a point about the scenario that is beyond the analogy in the hope of appearing clever. The issues that you raise are safety issues. If someone breaks these laws then people could be hurt.

      To continue your line of thought, in what way could Ford prevent you from hooking up a trailer to your car? They could not. The police would be responsible for prosecuting you, but only because you did something illegal on the road and not because you tampered with the car.

      However, this is all rather moot as your argument in no way invalidates the intention of the original author; that you can add a towbar onto a car, so you should be able to add a file format to your iPod.

    140. Re:Enough already by Ohreally_factor · · Score: 1
      This has never been established either way. There is another company with a product called Fairplay with a very old outdated website, which has given rise to this speculation.

      The site is copyright 2001 and is still "under construction" with many areas "coming soon".

      Furthermore, the technology described in the Veridisc whitepaper (PDF) is very different than what we know as iTMS Fairplay.
      Veridisc serves as a gatekeeper for all media and software files that allows the originators to maintain control over distribution and revenue. In its simplest form, Veridisc resides on a computer and uses an entry code mechanism to permit convenient audio/video play and links users to complimentary information and merchandising opportunities.


      Granted, Apple could have bought or licensed the underlying technologies.

      Lastly, the whitepaper seems to have been written in 2000, going by the fact that all the cites in the bibliography are from 2000.

      I've written to Veridisc in the past (when Apple first introduced iTMS) and have never heard back from the company, so I wonder if it's a going concern, or if the website is just an orphan.
      --
      It's not offtopic, dumbass. It's orthogonal.
    141. Re:Enough already by Ohreally_factor · · Score: 1
      Really, quite honestly, Apple should have cooperated with Real when they had the chance. They could have shaped Real's offering and made sure they retained some kind of control. Right now, if Apple went any further with its threats, if I were Real I wouldn't just continue... ...I'd publish the results of the reverse-engineering.


      Like a few others, I see this as mostly a turf war between to big companies, one who's products I like and one who's products I detest. Neither company is lily white, but one company does have a better track record as far as serving the customer goes. And one company has a truly malodorous record.

      So, I'm biased towards Apple. But I suspect that Apple doesn't have much of a legal case here, and if the hack was sweet enough (applying a psuedo-fairplay wrapper to Real's music), then Apple might not be able to easily break it with an update. That's if the Real engineers were Real hackers.

      Lastly, if you were Real and you'd publish the results. . .we'll, damn, you're a great guy (or gal). I toast your health! More likely is that Real will try to license the results. Hopefully, this would force Apple to license Fairplay (the true fairplay, not the Real fairplay, heh heh) to other vendors, ultimately giving the consumer more choice and going a long way to winning the DRM format wars. It would mean less lock in to the iTMS, which means that iTMS would have to compete without the same proprietary protection. They'd have to compete on ease of use (I think it's fair to say they're way ahead on that), price (mostly up to the record companies for now), and selection.

      That's what I'm really interested in, selection. I'd rather not buy anything from a scummy company like Real, but if I had greater choice of music, where ever it's coming from, then I'm the big winner.
      --
      It's not offtopic, dumbass. It's orthogonal.
    142. Re:Enough already by ColMustard · · Score: 1

      If they *buy* an iPod, they *own* an iPod, and hence they can hack on it in any way they like.

      Isn't that exactly what I said? Oh it is? Ok, just checking. Nice reenforcer, though.

      --
      Moof.
    143. Re:Enough already by johnbeat · · Score: 1

      You're mistaking what Apple really wants. The reason Apple has not licensed their DRM is because of a secret Apple plan to kill all DRM.

      What Apple is really trying to do here is force Real to negotiate DRM-free terms with the music companies. Once Real is able to sell music DRM-free, the rest of the online industry will be forced to follow suit. Microsoft will die, and the consumers will be able to play any music on any player, including the iPod.

      The reason Apple chose Real is their known negotiation skills and the quality of their software. If anyone can get this done, it is Real.

      John

    144. Re:Enough already by Anonymous Coward · · Score: 0

      And what's unethical about reverse-engineering?

      If I buy a piece of hardware or software, I don't see why (barring EULAs, which _I_ consider to be unethical) I shouldn't have the complete right to open up the device/files and look at how they work. For whatever reason.

      The law provides a number of protections on exclusivity. Copyright prevents me from, say,
      duplicating the firmware. Patents may prevent me from making a copy that uses the exact same mechanism. Trade secrets prevent me from sneaking into Apple and photocopying all their engineering documentation. But nothing should prevent me from taking something apart, seeing how it works, and making something that works with it. Licensing is not always required.

    145. Re:Enough already by LO0G · · Score: 1
      I probably shouldn't drag this out, but... Fundimentally you're right, Apple shouldn't be able to do this, but they ARE able to do this.

      Also, you can't distribute ANY program you want for the Mac. Where's the documentation of Apple's Dictionary APIs? The APIs exist, Apple's apps take advantage of them. But nobody else can.

      Similarly, where's the documentation for how to query the Apple address book? Apple's apps can use it but nobody else's can.

      Apple has a long history of carefully picking and choosing which parts of their platform are documented. And if you stray beyond those parts that are documented, Apple has a history of suing people.

      IMHO, Apple owes its existance to the high profit margins it receives on its hardware. What I don't understand is why Apple believes that people being able to purchase content from Real somehow threatens their hardware revenues.

      It's sort-of the same thing with Microsoft Exchange (going WAY off-topic here). Microsoft doesn't care WHAT client you use to talk to Exchange. It can be Pine, Eudora, Outlook, Entourage, whatever. That's because Microsoft's revenue stream for Exchange is generated by client licenses, not by selling clients. Apple's revenue stream is generated by selling iPods. Having more ways to use the iPod doesn't HURT Apple, and it conceivably could result in more iPod sales. Which would be GOOD for Apple.

    146. Re:Enough already by djdavetrouble · · Score: 1


      he said
      They don't intend it to make a profit. This has been made clear by Apple themselves.

      and he said:
      Yeah. For now.


      now thats a 3 doozy. Apple has made it clear that they are not profiting from the service, but what happens when apple becomes the main player and has more leverage. The majors have obviously finally bought in to the vision that apple has.
      Apple delivers sales. Apple recently released a lossless codec to go with itunes. I see in 1 year apple dominating and finally selling lossless audio online.

      The word of mouth on real is bad, apple is just dirtying them in the media. Apple has been competing with them for years. Remember quicktime? This is just a battle in a war that has been raging in slow motion for years. Video and Audio were going to be ubiquitous content on the web, and these were the players. This is about PR, market share, and codecs, not hacker tactics.

      --
      music lover since 1969
    147. Re:Enough already by AstroDrabb · · Score: 1
      Apple wants to own the high end, and they do that by ensuring their products are high quality and stable
      Apple's prices are high end, but their products are not even close high end.
      The iPod supports MP4/AAC, MP3(cBR & VBR), WAV, and now even has a lossless codec. How much more do you need?
      Wow, three whole codecs! Oh, and exactly what music stores do they support? Just one, their own. What great choice they are giving to end users for where they can purchase music. At least the Real Music Store now supports over 70 devices including the iPod from "fair" play DRM to Windows Media DRM or Real DRM. I personally do not purchase music on line since I wont' buy music with DRM. But at least Real gives users a real (no pun intended) choice over typical Apple who wants _everything_ to go through them.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    148. Re:Enough already by The+Fanta+Menace · · Score: 1

      ...and you don't think Real actually own an iPod to try out their hack on before they released it?

      Seriously, this is all bullshit. In the long term, the iPod is going to get hacked to play anything and everything, and Apple should quit trying to monopolise the music sales business. It's just not right.

      --
      -- Even if a god did exist, why the fsck should I worship it?
    149. Re:Enough already by ePhil_One · · Score: 1
      Wow, three whole codecs!

      Is the fool that employs you as a "senior Programmer" aware that you can't count? I listed 4 codec's, assuming you choose to count CBR and VNR mp3's as one codec (and lists several others on the website I included a link to). Considering the number of products out there that support 1, this isn't bad. But if the one you care about isn't listed, then don't buy an iPod. I mistakenly bought a Sony Digital Music Player some time ago only to find the damned this only used Sony's proprietary ATRACplus codec. So support for established un-DRM encumbered codec's is a good thing; and realisticly 98% of users will be perfectly satisfied with MP3 and Apple's default AAC.

      But ahhh, your true concern is protecting users rights to buy music where they wish. Well, I'm quite sure users can purchase music from thousands of music stores all around the world. Oh, you mean stores that sell exclusively online, but use their own proprietary codecs/DRM schemes. Seems to me Apple's new lossless codec is a great solution, since there will be no re-encoding losses once the user burns the competitors music to a standard audio CD.

      But wait, no you don't even care about that, because you don't buy music online. You just have an irrational dislike of Apple and iPod, because the reality is that the vast majority of iPod users will enjoy their devices without ever dealing with Apple again.

      Apple's prices are high end, but their products are not even close high end.

      I'm not sure what your definition of high end is. I know there is a market for extreme high end that is populated by specialty makers that work in small batches, yes, Apple is clearly not one of them. But having compared my Dell DJ to an Apple iPod, I can assure you there is no comparison. The Dell DJ is worth every penny at the price I paid (free), but the little more that an iPod costs buys an awful lot of smaller size, better interface, better design, etc. I'm not an expert in the market, but everything I've seen says the iPod is still the target you shoot for. Perhaps if you know of another player that the maker has had the guts to price at the same price point that the iPod holds for a given capacity, in other words, thinks that their player can compete with Apple without having to give a price incentive, I'll start to consider that maybe you aren't a fool that not only can't count, but also doesn't understand the concept of high end (Hint: High end does not equate with the ability to play your favorite codec or work with some random DRM scheme; that would be Best for you).

      --
      You are in a maze of twisted little posts, all alike.
    150. Re:Enough already by AstroDrabb · · Score: 1
      Is the fool that employs you as a "senior Programmer" aware that you can't count? I listed 4 codec's, assuming you choose to count CBR and VNR mp3's as one codec (and lists several others on the website I included a link to).
      Hey brainiac, what codec does CBR mp3 use? What codec does VBR mp3 use? Hey, they are both the mp3 codec! Wow, now that wasn't hard was it. Let me know if I am going too fast for you here, and I can slow down to your level. You listed, MP4/AAC, MP3 and WAV. Count them, 1 + 1 + 1 = 3!
      the reality is that the vast majority of iPod users will enjoy their devices without ever dealing with Apple again.
      And exactly how would an end user do that if they want to buy music online? Their only option with Apple is to use iTMS. The point I made and you missed (I must have used too many big words) is that at least the Real Music Store supports _ALL_ of the top 3 DRM formats including "fair" play. If you want an iPod and and _also_ want to buy music online, then your only option is to use iTMS, not much choice for an end user. Though Apple is not know for offering choice, only trying to take choice away. Though you Apple fanboys will never admit that.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    151. Re:Enough already by ePhil_One · · Score: 1
      Try a little valium there, Chim Chim! What part of "assuming you choose to count CBR and VBR MP3 as one codec" did you have trouble wrapping your banana addled brain around? The magical 4th Codec is the new Apple lossless Codec (AFLAC?) I mentioned and the Slashdot article mentioned. Just because I didn't give a fancy TLA doesn't mean it wasn't mentioned.

      And exactly jungle are you from that users have to buy music online to enjoy their new digital music player? Most of the folks I know with iPods don't buy music online.

      Here's a quick hint, monkey boy, not everyone who disagrees with you is an Apple Fanboy. Some of us use our opposable thumbs for more than flinging dung at the people who stop by and laugh at your idiotic rants where you consistently identify yourself as fool and a chump about once a paragraph. Its really quite comical; but please don't stop on account of me.

      --
      You are in a maze of twisted little posts, all alike.
    152. Re:Enough already by AstroDrabb · · Score: 1
      And exactly jungle are you from that users have to buy music online to enjoy their new digital music player? Most of the folks I know with iPods don't buy music online.
      I am sure people like you just steal the music of of P2p.
      who stop by and laugh at your idiotic rants where you consistently identify yourself as fool and a chump about once a paragraph.
      Hmm, I guess I have excellent karma for nothing then? Ohh, look, I think Steve has his pants down, time to get to work fanboy.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    153. Re:Enough already by ePhil_One · · Score: 1
      LOL! God you kill me. Lets see, one line paragraph to identify yourself as a fool and a chump:

      I am sure people like you just steal the music of of P2p.

      Good job. Yep. Because I don't buy music online, Itherefore must be stealing music off P2P. God, I must be so out of touch to realize they no longer sell music in these building they used to call "Stores", that the RIAA, ASCAP, and four remaining music giants realized their fool hardiness in continueing to sell actual CD's in stores; that local bands no longer sell CD's in the baks of clubs, that the worlds supply of vinyl LP's, magnetic tapes, and pressed CD's succumbed to some baterial infection that rendered the only source of music to be online music stores and P2P. Crap I hate it when trouser monkeys like you outwit me! Gosh I feel both foolish and dirty at the same time! I'll immediately turn myself in, after repurchasing my entire music collection online.

      Hmm, I guess I have excellent karma for nothing then?

      Oops! you did it again. Excellent Karma on Slashdot!, you must be the top trouser monkey in your end of the jungle! Gosh, I feel so stupid now. It was my fault for removing my Tinfoil Hat and allowing the government to control me

      Ohh, look, I think Steve has his pants down, time to get to work fanboy.

      No, you're killing me. really. stop it. You only need to prove how stupid you are once per paragraph; but you choose to go the extra distance! Having accepted the fact that you can't count, you aren't really very good at flinging your own feces, you now more or less admit you don't know enough not to suck your thumb right after you take it out of your corn hole. Oh well, I'll let you get back to licking your boss's member clean after hes done performing his "cavity searches" on you, because clearly a looser like yourself wouldn't be tolerated to stain the carpets of his business any other way.

      --
      You are in a maze of twisted little posts, all alike.
  2. How will this pan out on Slashdot? by Anonymous Coward · · Score: 5, Funny

    With the constant Apple lovefests, the hatred of the DMCA and DRM, the dislike of Real Player, and the love of hacking.

    1. Re:How will this pan out on Slashdot? by Anonymous Coward · · Score: 5, Funny

      How will this pan out on Slashdot?

      As a flaming, troll-infested mess! This is going to be like watching Jerry Springer, Slashdot style. Maybe I should get some popcorn...

    2. Re:How will this pan out on Slashdot? by jmorris42 · · Score: 4, Funny

      Easy, do the new PC math.

      Real == evil
      DRM == evil
      DMCA == EVIL incarnate. Except for W, Dick Cheney and John Ashcroft the most evil thing currently on planet Earth. (oh yea, forgot the PATRIOT Act)
      Apple == all things good, hearts, sad eyed puppies, flowers, improbably endowed anime chicks, etc.

      Apple (good ++++++) invoking the DMCA (doubleplus ungood) to protect their DRM (ungood) scheme against Real (ungood) equals a slightly tarnished Apple but still (good ++++) so Apple wins. All who speak ill of Apple will be modded troll/flamebait. All who speak good of Real will be modded down. Generic rants against DRM and the DMCA will be tolerated.

      --
      Democrat delenda est
    3. Re:How will this pan out on Slashdot? by Exatron · · Score: 3, Funny

      You're not thinking big enough. I plan to sell tickets and pay-per-view access.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    4. Re:How will this pan out on Slashdot? by Ohreally_factor · · Score: 1

      Oh, yeah?

      And what format are you going to use for the ppv, Mr. Entrepeneur?

      =)

      --
      It's not offtopic, dumbass. It's orthogonal.
  3. A few thoughts by daveschroeder · · Score: 5, Insightful

    First, the full Apple statement, since it's not referenced in the summary:

    "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod, and we are investigating the implications of their actions under the DMCA (Digital Millennium Copyright Act) and other laws. We strongly caution Real and their customers that when we update our iPod software from time to time it is highly likely that Real's Harmony technology will cease to work with current and future iPods."

    - Regarding the DMCA: you can't fault Apple for using a law on the books - passed by Congress (unanimously by the Senate), and signed into law by President Clinton - to protect its own business interests. If you don't like the DMCA, or aspects of copyright law in general, work to change the law(s), but don't fault companies or individuals for conducting themselves within the bounds of those laws while they are in force.

    - What Apple says regarding breakage is true. Some might argue that any breakage would be intentional; however, you can certainly also agree that otherwise benign changes to the iPod or its firmware may indeed break Real's reverse engineering. Intentional or no, this would still leave customers who have purchased songs via Real out in the cold, which ultimately, to the average customer, reflects poorly on Apple and the iPod (moreso than on Real). Does Apple, or its customers, really want an environment where any changes to the iPod to add functionality or features can break customers' music that they've ostensibly legitimately purchased?

    - The word "hackers" was successfully co-opted long, long, long ago ("a person who illegally gains access to and sometimes tampers with information in a computer system"), so don't fault Apple's (currently correct and appropriate) use of the word, and save us the tiresome lectures.

    That said, yes, Apple could sublicense Fairplay, as they have done with Motorola. But still, it means both parties must agree, and doesn't excuse Real.

    Others remember the continued arrogance and mistakes regarding OS licensing long ago. "Apple could potentially become the Microsoft of online music," they say. But this could only potentially happen by cannibalizing iPod sales. The iPod would be akin to the "PC"; the iTunes Music Store would be "Windows". (Remember: Microsoft never made computers). But for Apple, the iTunes Music Store is a break even proposition: its sole purpose from a business perspective is to drive iPod sales and adoption, and, to a lesser extent, adoption of other Apple products. Apple's iPod and hardware margins are to-die-for in the computer industry, while the iTunes Music Store, even after having sold 100 million songs, only recently made a "small profit". Additionally, Apple maintaining control over the whole process from end to end is one of the things that makes the iTunes/iPod experience so friendly and pleasing. This may no longer be true with other manufacturer's products.

    I'm not arguing against for or against licensing here, only pointing out that it's more of a difficult situation than people make it out to be. The iTunes Music Store and the iPod, for Apple, are inextricably connected, at least currently. Allowing the iPod to work with other online music stores can be argued to hurt Apple's iTunes/iPod strategy, while allowing the iTunes Music Store to work with other players definitely hurts iPod sales. Sure, you can make all sorts of contrary arguments, but there are valid arguments just as contrary to those. All that said, Apple

    1. Re:A few thoughts by DAldredge · · Score: 5, Insightful

      First, they don't have to use the DMCA, it is a choice. And second, a bad law is a bad law. Most of the thinks that oppresive goverments have done in human history has been done within the framework of the laws of said countries but that doesn't make what they did or those laws right.

    2. Re:A few thoughts by malfunct · · Score: 5, Insightful

      This is funny because its really a repeat of the DeCSS case where the DVD cartel sued an outsider for breaking thier code to use DVD's in an unauthorized player. Now real is the outsider and Apple is playing the DVD cartel. Now I am not at all for apple as far as this goes, I figure why should Apple even care if someone else sells music for the ipod when apple isn't making any money on the computer and more choice will make more reason for people to buy ipods.

      --

      "You can now flame me, I am full of love,"

    3. Re:A few thoughts by Ender+Ryan · · Score: 4, Insightful
      Right... because it's Apple doing it, it's not wrong...

      Here's an idea: Think different? No. Just start thinking for yourself.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    4. Re:A few thoughts by geek · · Score: 1, Insightful

      If you don't use the law on the books the law will become irrelevant, whether you agree with it or not doesn't matter. Congress agrees with it, as do most lawyers, they WILL use the law on the books. Get over it.

    5. Re:A few thoughts by Anonymous Coward · · Score: 0, Troll

      "you can't fault Apple for using a law on the books ... to protect its own business interests"

      You certainly CAN fault them--just because someone hands you the One Ring doesn't mean that you have to use it for evil.

      Well I hope all the Apple zealots are choking on this, since it exposes Apple's desire to become an abusive monopoly.

    6. Re:A few thoughts by tlpalmer · · Score: 1, Insightful

      Whilst Apple may be considering the DCMA, I doubt Real would have done this without first consulting their lawyers about it.

    7. Re:A few thoughts by Denyer · · Score: 5, Interesting
      you can't fault Apple for using a law on the books - passed by Congress (unanimously by the Senate), and signed into law by President Clinton - to protect its own business interests. If you don't like the DMCA, or aspects of copyright law in general, work to change the law(s), but don't fault companies or individuals for conducting themselves within the bounds of those laws while they are in force.

      One simple question: why?

      There's a UK law which permits the killing of Welsh people in Chester, provided you use a bow. Many US states have similar legal skeletons lurking in the closet. So... why exactly should people who use dumb legislation get a free pass? Are their actions any more moral or justifiable?

      --
      Ph-nglui mglw'nafh Gates M'dna wgah'nagl fhtagn.
    8. Re:A few thoughts by pHatidic · · Score: 2, Interesting
      What Real has done here is a Good Thing! Now let me first say that I consider Real's software to be a plague on the internet. And if I made a cool device like the iPod I would sure as hell be pissed off if Real tried to ruin its perfectness by getting their abominable ad-ridden crap to play on it.

      But...Here is the good news. If Apple wants to get Reals crap off their players then it will have to upgrade their firmware. Now you might ask yourself, well who would be stupid enough to update their iPod if all it does is remove functionality and make it harder to interoperate with? Well thats an excellent point, which is why if Apple wants us users to upgrade then they'll have to give us something in return.

      Feeling royally screwed because you bought an iPod capable of having a 12 hour battery life that only lasts 8 hours? Well now that Apple needs a way to get us to upgrade to their new software to break Real, guess what is probably going to happen.

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

      This isn't a legal skeleton, or some artifact of former times. This is a law passed UNANIMOUSLY in the Senate, and signed by President Clinton. Law is, hopefully, the framework for order in society, and the basis for societal "right" and "wrong". Apple is "right" if it operates within the bounds of law. That doesn't mean you have to agree with it. Apple is merely considering protecting itself within the bounds of established law in this country.

    10. Re:A few thoughts by grasshoppa · · Score: 4, Insightful

      This is a law passed UNANIMOUSLY in the Senate, and signed by President Clinton. Law is, hopefully, the framework for order in society, and the basis for societal "right" and "wrong"
      God help us if this is right. Using politicians as a moral weathervane is foolish move in the best of times, and downright dangerous the rest of the time.

      ( btw: Did you like the use of 'God' to lend weight to my argument? Politicians have been using that trick for years )

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    11. Re:A few thoughts by Artifakt · · Score: 0

      "First, they don't have to use the DMCA, it is a choice."

      (IANAL)

      If by they you mean Apple - As long as Apple is only considering civil options, yes they have the choice not to invoke certain laws. They can even do this for moral reasons, although they had better be able to win a civil suite or their shareholders may get a bit upset with them.
      In this case, there are pragmatic reasons for Apple not to invoke the DMCA, in that they are primarily a hardware company who would be sueing a software only corporation, and any resulting precident, even a most favorable one, might become a problem for one division of Apple or another down the road.
      However, current IP laws now all include possible criminal penalties, and the DMCA is specifically already ruled relevant to criminal proceedings. There is nothing technically to stop a civil judge from forwarding a transcript of an Apple v. Real tort case to a federal D.A. more concerned with criminal prosecution, even if Apple might prefer they didn't.

      --
      Who is John Cabal?
    12. Re:A few thoughts by Anonymous Coward · · Score: 2, Interesting

      Actually, it's not exactly like that. I'd say it's closer to Sony saying you can't reverse engineer your PS2 to allow it to play Xbox games that you sell. Although that analogy is still severely flawed.

      In any case, while I don't think Apple is entirely in the right, I do think this might be a decent test case for the DMCA - something that may actually bring the knowledge of how twisted of a law it really is to the masses. And since Real and Apple are both "big", the investors are certain to hear about it.

      It almost seems to me like Jobs and the head of Real may have made a backroom agreement to test the DMCA this way. The only other way this could happen is if Real were just plain Stupid.

    13. Re:A few thoughts by MeNeXT · · Score: 4, Insightful
      Nice rant, but where does the consumer fit in?


      What I am having a very hard time understanding is when did the consumer stop owning the products he/she has purchased?


      If I cannot make changes to the product then write on the box in bold "YOU WILL NOT OWN THIS PRODUCT AFTER PURCHASE. IT WILL REMAIN THE PROPERTY OF ..." Since when have we the consumer allowed this to happen? If you wish that I respect your license write it on the box so I do not waste my time purchasing your product. Before you know it painters will own your house and you will license to live in it.


      That is the end of my /RANT

      --
      DRM? No thanks, I'll just get it somewhere else...
    14. Re:A few thoughts by TRACK-YOUR-POSITION · · Score: 5, Insightful
      If you don't use the law on the books the law will become irrelevant,

      Exactly. Therefore those who keep the law revelvant are to be reviled.

      Get over it.

      Exactly. Apple is being reprehensible here. Get over it.

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

      The way I see it, Apple is clearly the bad guy in in this.

      Apple does not have to use the DMCA. If there were a law that says you can shoot anyone who cuts into your parking space, I'd still condemn you for applying this law.

      Apple does not have the users in mind when they talk about breakage. The system is purposefully designed as a closed system, not because it suits the users better, but because it suits Apple better. It's called customer lock-in. And it probably got them some discounts in negotiations with the music industry. They could (and IMHO should) have just used existing standards: MP3 files on a plain filesystem. That would have preempted the oh so user unfriendly breakage.

      "Hacker" may have been appropriated to mean someone who breaks into other systems, but nobody breaks into your iPod without your permission. The correct term is "reverse engineer".

      Anybody who doesn't want to ruin the "iPod experience" for himself can simply stay away from Real. It's how competition works. Real should not have to worry about Apple's iPod sales (except now it's one of their target platforms, so they probably don't want it to suffer either).

      My beef is with Apple because of their "good guys" image. Using laws like the DMCA puts them squarely into bad guys territory, and it rubs off.

    16. Re:A few thoughts by squiggleslash · · Score: 3, Insightful
      Regarding the DMCA: you can't fault Apple for using a law on the books - passed by Congress (unanimously by the Senate), and signed into law by President Clinton - to protect its own business interests.
      That's right, because Lord knows, people shouldn't be responsible for their own actions. If you can't blame the government for your own lack of morals, who can you blame?
      All that said, Apple is indeed licensing ; why should Apple be forced to license to entities to whom it doesn't wish?
      Why should Apple have the right to dictate what people do with their iPods (which is what this amounts to) in the first place? Beyond me copying their software or logos, I don't think their are any issues they should be intefering in when it comes to my iPod. If I want to paint it green, change the battery, use my own headphones, or load music I downloaded from Real, that's up to me. I don't recall, prior to buying the iPod (let alone afterwards) ever agreeing to only buy my DRM-encumbered music from the iTunes music store.

      I've been a big fan of my iPod so far, and defended them publically about the pseudo-DRM in the iTMS files, but honestly, if Apple takes further action against Real rather than sabre-rattling, I'll never buy another Apple product again. And that's not just an angry Squiggleslash speaking, that's a practical one too - I prefer open systems.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:A few thoughts by DAldredge · · Score: 1

      I just will not buy their products, becuase regardless of the Bullshit that Apple/Jobs PR puts out they are as bad/or worse than the RIAA in regards to their love of money above all else. It would be a different story if Apple didn't try to genereate the PR image that they where 'Different' well, they are and they are just a bunch of fsckig liers.

    18. Re:A few thoughts by ttldkns · · Score: 1

      The iPod would be akin to the "PC"; the iTunes Music Store would be "Windows". (Remember: Microsoft never made computers). But for Apple, the iTunes Music Store is a break even proposition

      wouldnt your analagy be more suited as The Ipod "being Windows" and iTunes "being internet explorer"?
      that way you could have real "as netscape" and you have a situation where a company in a strong position tries to stop their opposition. What if microsoft made this statement?

      "in the future we may release updates so as to add functionality to windows, may break other browsers and that makes us look bad and hurts our sales, so they should be banned from making it"

      This real thing is a hack, it should have remained one and should not have become an opportunity for a company to capitalise. if they had kept this quiet and released this on P2P networks it could have boosted their sales as people could apply the hack themselves and then accpet its not apple's fault.

      people should be allowed to hack their hardware any way they like but it looks like its going to become illegal to fiddle with your own stuff soon.


      ***I know the DMCA doesnt apply to my example as the MS APIs are published but i just wanted to show you a different perspective. As long as ive done that then this comment worked!

      --
      How many computers are too many?
    19. Re:A few thoughts by TRACK-YOUR-POSITION · · Score: 1
      The word "hackers" was successfully co-opted long, long, long ago ("a person who illegally gains access to and sometimes tampers with information in a computer system"), so don't fault Apple's (currently correct and appropriate) use of the word, and save us the tiresome lectures.

      Hey, check you own links. The definition you give is almost ALWAYS underneath the correct definition, something similar to "One who is proficient at using or programming a computer". It is only a few holdouts like Apple who continue to use hacker incorrectly.

      And regarding Apple's culpability with the DMCA--are those who owned slaves when slavery was legal to be held blameless? Legal and moral are two different things. It is wrong to take away someone's free speech, regardless of what the law says.

      I own an iBook, but unlike you, I am not prevented by Stockholm Syndrome from realizing when Apple doing something very rotten.

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

      Cool I'm going to book a holiday in Chester next year when they have their annual Leak festival.
      Does it include French and German tourists? They sometimes sound a bit welsh too.

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

      The consumer can hack their iPod to play Real's files all the consumer wants. It's when Real gets involved that this becomes illegal.

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

      Don't forget that Hitler made sure that everything he did was nice and legal. What a nice law abiding man he was.

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

      The word "hackers" was successfully co-opted long, long, long ago ("a person who illegally gains access to and sometimes tampers with information in a computer system"), so don't fault Apple's (currently correct and appropriate) use of the word, and save us the tiresome lectures.


      Well, I'm sorry for the tiresome lectures (no, really), but hacker is a technical word, and the fact that lots of people misuse it don't make the wrong usage more respectable. Nobody can deny that language evoluates and meanings change, but as far as technical jargon goes, you've got to call a spade a spade. By the way, why not educate the public to use the proper terms rather than surrendering to the common usages and misconceptions ? (I mean, you begin like this and end up calling peer-to-peer users "terrorists"...)

      Incidentally, as far as I'm concerned, and even though I usually dispite them, I do think that Real has followed the real hacker way this time, and they are to be commended for this.

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

      Will you people stop using straw men? You can do whatever you want with your iPod, it's Real that did the wrong thing here. You want to hack your personal iPod to play everything under the sun? If you can find a way, go for it and godspeed, no one will stop you.

      Stopping Real != stopping the consumer.

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

      What Apple says regarding breakage is true. Some might argue that any breakage would be intentional; however, you can certainly also agree that otherwise benign changes to the iPod or its firmware may indeed break Real's reverse engineering. Intentional or no, this would still leave customers who have purchased songs via Real out in the cold, which ultimately, to the average customer, reflects poorly on Apple and the iPod (moreso than on Real). Does Apple, or its customers, really want an environment where any changes to the iPod to add functionality or features can break customers' music that they've ostensibly legitimately purchased?

      OK, search and replace Apple with Microsoft, iPod with Windows and music with software.

      What Microsoft says regarding breakage is true. Some might argue that any breakage would be intentional; however, you can certainly also agree that otherwise benign changes to Windows may indeed break Real's reverse engineering. Intentional or no, this would still leave customers who have purchased software from Real out in the cold, which ultimately, to the average customer, reflects poorly on Microsoft and Windows (moreso than on Real). Does Microsoft, or its customers, really want an environment where any changes to the Windows to add functionality or features can break customers' software that they've ostensibly legitimately purchased?

      Now how many /.ers can honestly say they agree witht the above paragraph?

    26. Re:A few thoughts by drinkypoo · · Score: 4, Insightful

      I disagree with all of your major points.

      Regarding the DMCA: you can't fault Apple for using a law on the books

      Yes, yes I can. I can fault them for anything I want, including their fruity cases. More to the point, I think it is eminently reasonable to fault them for utilizing an unjust law. Just because it's legal doesn't make it right.

      Does Apple, or its customers, really want an environment where any changes to the iPod to add functionality or features can break customers' music that they've ostensibly legitimately purchased?

      It really shouldn't matter what Apple wants, only what the customers want. If the customers want to put themselves in such a situation, they can make that choice. If anything it is reasonble only for Apple to demand that Real make it very clear to customers that if they do take an end run around apple on this, that their device might stop playing their music files, delete random content, or explode in their pocket, but it's not reasonable for Apple to tell people what they can or cannot do with hardware they purchased.

      The word "hackers" was successfully co-opted long, long, long ago ("a person who illegally gains access to and sometimes tampers with information in a computer system"), so don't fault Apple's (currently correct and appropriate) use of the word

      First of all, that meaning which you cite refers to someone gaining unauthorized access to a computer, not an embedded device. While it is technically a computer, it is not at all what the definition refers to. Second of all, if you own the hardware, you are authorized to gain any kind of access to it you like. The only thing that might stop you is that if the license agreement is valid, you are almost certainly prohibited from altering the code without written permission from Apple. (I don't have an iPod, nor do I intend to buy one if Apple is going to keep behaving like this, so I don't know what the license says.) Therefore they are effectively using the term "Hacker" in the sense in which we would like them to use it, except they are implying a negative connotation. Am I the only one who remembers when free thinkers and hackers (as we know them) preferred Apple? Now Apple is crapping on them - par for the course, but still inappropriate.

      "Apple could potentially become the Microsoft of online music," they say. But this could only potentially happen by cannibalizing iPod sales. The iPod would be akin to the "PC"; the iTunes Music Store would be "Windows". (Remember: Microsoft never made computers)

      We're talking about online music here. Whether Microsoft made computers or not is utterly irrelevant. In fact Microsoft has recently been making forays into hardware (mostly peripherals, of which they have made/marketed many) and will certainly continue this trend. A digital jukebox is not far off. Hence, in this particular market, they are directly competing; Should Apple continue to play games like this with its customers, they very much will be the "microsoft" in their market, providing a locked platform which they only allow people with whom they are in some sort of strategic alliance to modify. The only dissimilarity I can see is that they actually created the software they're trying to control, but they are also controlling hardware by controlling the software and I find that inappropriate.

      If you think it's reasonable for Apple to use an unjust law to control a product which consumers pay for and expect to own, then that's your business. Feel free to go buy an iPod. But, I disagree with your belief that what Apple is doing is something that we should sit down and take, especially since iTMS is practically a loss leader to sell iPods anyway - they make practically nothing when they sell music for $0.99/track. Why should Apple

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    27. Re:A few thoughts by Exatron · · Score: 1
      No, Apple can be wrong even if it operates within the law.

      You seem to be having troulbe with cause and effect, too. Law is the result of societal concepts of right and wrong, not the other way around.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    28. Re:A few thoughts by gmhowell · · Score: 1

      There's a UK law which permits the killing of Welsh people in Chester, provided you use a bow.

      Does that include those of us decended from Welsh people chucked into penal colonies in the now United States? Probably not, I imagine the UK eventually recognized our independence. OTOH, whenever I meet a Briton, they tend to recoil when I tell them of my family's origins.

      BTW:

      aaaaeeeeeiiiiioooouuuuu

      Just some extra vowels for your .sig

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    29. Re:A few thoughts by xoboots · · Score: 1, Insightful
      Its ironic though that Apple conveniently forgets that its founders used to sell Phreaking equipment.

      Apple is as evil as the next corporation, plain and simple.

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

      I can't believe nobody has posted a clever reply to this yet, because my first devious thoughts were of what a sweet business opportunity it would be to offer legalized human hunting...

    31. Re:A few thoughts by Phoenix-IT · · Score: 1

      I have lost all respect for Apple at this very moment. They have, like so many others, used the DMCA in an anti-competitive way. You cannot excuse one person's using the letter of the law to defeat the spirit of the law and hold everyone else accountable.

      The DMCA stands in contradiction to The Constitution and is an unjust and unethical law. Reverse engineering to make interoperable products is an ethical and necessary part of free enterprise! If you think we have problems as a result of the DMCA now, just wait. The problem will get far worse as technology continues to permeate society. If we had more fully educated citizens we wouldn't have to worry about such laws because Jury Nullification would put them to rest. (See WWW.FIJA.ORG)

      If Apple goes through with this THEY will be guilty of ethical crimes that are unfortunately legal by technicality. If the DMCA didn't exist they could be held accountable for anti-competitive tactics. My "beef" is not only with DMCA; my "beef" also includes anyone who would seek to abuse it. After all, MediaMax decided NOT to ask for DMCA action against a university student because they were afraid it would have a chilling effect on research. (Something I'd hope YOU would appreciate.)

      And with a rebel yell:

      To Hell with the DMCA!

      To Hell with the people who authored the DMCA!

      To Hell with Apple for abusing the DMCA!

      ...and To Hell with YOU for supporting yet another tramping of the Rights of consumers by saying, "It's okay because..."

    32. Re:A few thoughts by SilentChris · · Score: 1

      "Regarding the DMCA: you can't fault Apple for using a law on the books - passed by Congress (unanimously [loc.gov] by the Senate), and signed into law by President Clinton - to protect its own business interests."

      Wow... Bondi Blue-colored glasses? OF COURSE YOU CAN. No one holds a gun to Steve's head and says "you must use the the DMCA". The way the statement is worded, it sounds like they're treading on very thin ground and want to get people's reaction before going forward with the DMCA.

    33. Re:A few thoughts by autopr0n · · Score: 2, Informative

      you can't fault Apple for using a law on the books - passed by Congress (unanimously [loc.gov] by the Senate), and signed into law by President Clinton - to protect its own business interests. If you don't like the DMCA, or aspects of copyright law in general, work to change the law(s), but don't fault companies or individuals for conducting themselves within the bounds

      Of course you can. Before the DMCA was written, reverse engineering for interoperability was common, and legal. After the DMCA was written, guess what, it's still legal, in fact the text of the DMCA makes this explicitly legal. The authors of the DMCA were very careful to make sure that this kind of activity was legal. So of course we can take apple to task for trying to use the DMCA to prevent something even the authors knew was important.

      Given the text of the DMCA, we can also take apple to task for the exact same kind of uncompetitive activity that we always complain about with Microsoft. In this case, starting a lawsuit for no good reason (since real isn't breaking any law) just to make trouble for their competition.

      --
      autopr0n is like, down and stuff.
    34. Re:A few thoughts by ericdano · · Score: 2, Interesting
      The real battle should be fought with Apple, Real and the RIAA. The RIAA is the entity that should be concerned.

      Would you want your product (IE: Music) sold as "iPod Compat" via a "hacked" piece of software when you don't even know if it is legal? I would think NOT. And Apple should point out that their way, over 100 million songs have been sold. And you would want to throw out all that to all Real to sell however many tunes it sells, plus it's subscription service?

      If you look enough on the internet, you can find ways of stripping DRM from anything. AAC files, WMA, etc. That being said, of the protected AAC files I have, I have not had the urge or need to employ any such hacks. The FairPlay technology has been allowing me to listen to the music I purchased on the two computers I authorized to use the music, and my iPod.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    35. Re:A few thoughts by Anonymous Coward · · Score: 0

      No, it's only a few holdouts like you who continue to use it 'correctly'. Haven't you ever watched the news?

      And don't expect that first definition to stay in dictionaries for long... dictionaries change as language changes, you know.

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

      If anything it is reasonble only for Apple to demand that Real make it very clear to customers that if they do take an end run around apple on this, that their device might stop playing their music files, delete random content, or explode in their pocket, but it's not reasonable for Apple to tell people what they can or cannot do with hardware they purchased.

      Help me out here: I must have missed the part where Apple told anyone what they can or cannot do with the hardware they've purchased.

      Now, whether Apple *supports* whatever people want to do with that hardware is another matter altogether.

    37. Re:A few thoughts by Anonymous Coward · · Score: 1, Insightful

      There's a UK law which permits the killing of Welsh people in Chester

      Which has long since been superceded by laws (most obviously the EU Human Rights Treaty) that prohibit killing at all, i.e. no more hangings for treason/piracy/burning naval dockyards etc. (except in times of war or impending war of course)

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

      From the CNN article http://money.cnn.com/2004/07/26/technology/real_ip od.reut/index.htm :
      "A spokesman for Real said its engineers worked out a way for its files to be compatible with FairPlay solely through analysis of publicly-available information."

    39. Re:A few thoughts by MouseR · · Score: 3, Interesting

      Right... because it's Apple doing it, it's not wrong

      No. Because Apple got shafted to much and repeatedly in the past that it's hard not to sympathise on their effort to keep that one bit of advance they've found for themselves.

      Every time they had come up with something innovative (technically or purely esthetically), they got ripped off by cheap knock-offs.

      I say it's about time for Apple to flex some legal muscles for a change and try to protect what they have.

      And to those who complaint about iPods being locked to ITMS, well that's life. You can't put Honda engines in Hundai cars. That's just how it is.

    40. Re:A few thoughts by thatguywhoiam · · Score: 1
      What I am having a very hard time understanding is when did the consumer stop owning the products he/she has purchased?... If I cannot make changes to the product then write on the box in bold "YOU WILL NOT OWN THIS PRODUCT AFTER PURCHASE. IT WILL REMAIN THE PROPERTY OF ..." Since when have we the consumer allowed this to happen?

      Oh come on. Do you want to try and apply that argument to something like, say, console games? I can't play Xbox games on my PS2 so obviously there is a major consumer discrepancy going on, right?

      If Apple wants to make the iPod work only with their music store, they can do that. Doesn't make it right, or cool, or a good idea, but they can sure as hell do it if they want to - and your 'consumer rights' have nothing to do with it, beyond the freedom to not buy the product or service in question.

      --
      If Jesus wants me it knows where to find me.
    41. Re:A few thoughts by Thing+1 · · Score: 2, Funny
      Before you know it painters will own your house and you will license to live in it.

      The government owns your home; you are merely licensing it from them.

      Don't believe me? Stop paying your property taxes.

      Reminds me of a Confucious saying: "To get back on feet, miss two car payments."

      --
      I feel fantastic, and I'm still alive.
    42. Re:A few thoughts by molafson · · Score: 1

      Feeling royally screwed because you bought an iPod capable of having a 12 hour battery life that only lasts 8 hours? Well now that Apple needs a way to get us to upgrade to their new software to break Real, guess what is probably going to happen.

      How will a firmware update magically increase the battery life by 50%?

    43. Re:A few thoughts by ericdano · · Score: 1
      Oh God. Get out of the cave guy!

      It's not a monopoly. If you want to point your finger with the One Ring in the direction of a monopoly, point it towards the RIAA. They are the reason we have DRM.

      I would think the RIAA would be concerned with Real selling it's product (music) with a hacked and possibly illegal version of AAC. Real doesn't have any tracks that Apple doesn't. Maybe some obscure groups, but nothing that really "matters". The only thing they have is this "subscription" model. And if you want to buy music, it's what, 10 cents cheaper? 20 cents? Ok, so, of the about $100 I've spent at iTMS, using it's elegant interface, etc, etc, I could have used Real's stuff and saved $10 or $20? Um......ok. I suppose I could have driven around for 30 minutes to get gas at under $2 a gallon too, but I'm not.

      Think of Apple as an extension of the RIAA if you like. Apple has a proven, successful model of selling online music. It works. The real monopoly is the RIAA. You have MANY choices in how you buy and play digital music. If you don't like iPod/iTMS/Apple then go the Napster route. Or some other route.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    44. Re:A few thoughts by MysteriesAbound · · Score: 1


      ren *.ram *.aac

    45. Re:A few thoughts by poot_rootbeer · · Score: 1

      First, they don't have to use the DMCA, it is a choice.

      A choice that they are legally beholden to make in a certain way. If they don't defend Apple's intellectual property to the greatest extent possible under the law (read: under ALL laws), then they are not representing the best interests of their shareholders.

    46. Re:A few thoughts by Anonymous Coward · · Score: 0
      Oh, but they probably got "bullied" into it. Just like the Patriot Act.

      I saw an interview with Senator Byrd, and I couldn't believe that he said the Senate was "bullied" into passing it.

      Come on man, it's your job to read these bills/acts. If you didn't like something in it, then don't vote for it. Don't cry afterwards about it. You didn't do your job, and you've been in the Senate for how many decades? 11 Presidents worth?

      Sad. I think we should throw out all these idiots in government and start over!

    47. Re:A few thoughts by asdfghjklqwertyuiop · · Score: 1

      You want to hack your personal iPod to play everything under the sun? If you can find a way, go for it and godspeed, no one will stop you.


      You don't think Apple will stop me the same way they will Real if I come up with a way to play everything (including realmedia) on an ipod and I distribute it?

    48. Re:A few thoughts by thatguywhoiam · · Score: 1
      I've been a big fan of my iPod so far, and defended them publically about the pseudo-DRM in the iTMS files, but honestly, if Apple takes further action against Real rather than sabre-rattling, I'll never buy another Apple product again. And that's not just an angry Squiggleslash speaking, that's a practical one too - I prefer open systems.

      Squiggleslash, Squiggleslash... my dear Squggleslash. (sorry couldn't resist.)

      You miss the point. When you say:
      Why should Apple have the right to dictate what people do with their iPods (which is what this amounts to) in the first place? Beyond me copying their software or logos, I don't think their are any issues they should be intefering in when it comes to my iPod. If I want to paint it green, change the battery, use my own headphones, or load music I downloaded from Real, that's up to me. I don't recall, prior to buying the iPod (let alone afterwards) ever agreeing to only buy my DRM-encumbered music from the iTunes music store.

      That is absolutely correct. However, by that same token, Apple is under absolutely no obligation to make it easy for you to do any of those things.

      I'm sure Apple could care less about the occasional user AudioHijacking a stream or three from other sources. The problem is 1) the legal precedent that could dwindle iPod sales (they do have shareholders to answer to), 2) the support nightmare Apple (NOT Real) will inherit from users who have problems uploading Real songs, especially if the reverse-engineering breaks after an update. These are reasonable concerns, I think.

      --
      If Jesus wants me it knows where to find me.
    49. Re:A few thoughts by diamondsw · · Score: 2, Insightful

      No one is forcing you to apply firmware updates. However, if new features come with those updates you want, then you'll have to balance the "harm" of the updates against what it offers.

      Meanwhile, sure, you never signed anything saying you would only use iTunes songs, but Apple never said they'd support that. Meanwhile, feel free to paint your iPod and hack it to death, but don't expect a warranty repair.

      As to open systems, if you're really supporting them, why did you buy an iPod? Name one thing about the iPod that is open. And also, if you want open systems and freedom, why are you buying restricted music files?

      It's your choice. Apple will do what Apple needs to - you do what you need to.

      Personally, I'll keep using my iPod and purchasing songs from Apple. I see no reason to purchase from Real in the first place, especially if my goal is to use them on an iPod.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    50. Re:A few thoughts by ericdano · · Score: 1
      No, it is a BAD thing.

      The RIAA should be concerned with this. Real selling it's music via a hacked and possibly illegal version of AAC. Not good.

      Look, the iPod works great. If you don't like it, go get a Dell. Or a Crapster unit.

      I have students that ask about my iPod, and they hear the myths. The thing is elegant, and works great. 8 hours of battery life is more than enough. 4 hours would be more than enough. I'm a musician and I can't kill the battery on my iPod. I haven't yet been anywhere for long enough to need to have that kind of length. And there are other ways to extend the battery (battery pack, adapters, etc). iPod and the iTunes music store are a great thing. I cannot see myself using Real's stuff at all.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    51. Re:A few thoughts by Exatron · · Score: 1

      Apple isn't beholden to do anything in this case. None of Apple's "IP" is being violated, and shareholder interests is a strawman argument usually employed by sleazy businesses when they're trying to do something illegal or unethical.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    52. Re:A few thoughts by nelsonal · · Score: 1

      In Montana I believe it is still legal to kill a native american if you are under a wagon.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
    53. Re:A few thoughts by Anonymous Coward · · Score: 0

      I have an Ipod and I have never downloaded a song off Itunes. Didn't hack my Ipod either. Works fine and have never had a problem. This is a tempest in a teapot if you ask me.

    54. Re:A few thoughts by DAldredge · · Score: 1

      Please point out the law that requires a public corp to "defend IP to the GREATEST extent possible"

    55. Re:A few thoughts by Exatron · · Score: 1

      No, they only have the right to try doing that. I have a right as a consumer and a citizen to do whatever I damn well please with an iPod I purchased, regardless of whether Apple wants me to.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    56. Re:A few thoughts by d34thm0nk3y · · Score: 1

      Regarding the DMCA: you can't fault Apple for using a law on the books - passed by Congress (unanimously by the Senate), and signed into law by President Clinton - to protect its own business interests. If you don't like the DMCA, or aspects of copyright law in general, work to change the law(s), but don't fault companies or individuals for conducting themselves within the bounds of those laws while they are in force.

      Then I guess we can't fault SCO for suing "Linux". I mean all they are doing is using laws that are already on the books. It is perfectly legal to sue anyone for anything after all.

    57. Re:A few thoughts by squiggleslash · · Score: 2, Insightful
      You can do whatever you want with your iPod, it's Real that did the wrong thing here.
      No mate, YOU are missing the point. Real has done nothing wrong. Real has enabled ME to make a choice. It is _I_ who ultimately am able to do something as a result of Real's actions. So Apple fucking with Real is most certainly preventing me from doing what I (potentially) want to do with my iPod.

      This is ALL about what end users can do with their iPods. Does my iPod belong to me or Apple? If the answer is the former, Real certainly has my permission to develop products for my iPod, and doesn't (morally) need Apple's.

      --
      You are not alone. This is not normal. None of this is normal.
    58. Re:A few thoughts by Anonymous Coward · · Score: 0

      dude you're full of shit
      go rethink your live or better yet, get shot

    59. Re:A few thoughts by asdfghjklqwertyuiop · · Score: 1

      Help me out here: I must have missed the part where Apple told anyone what they can or cannot do with the hardware they've purchased.


      Sure I'll help you out: Apple just threatened to use the DMCA against someone for distibuting tools to help people do what they want with the hardware they've purchased. It is just like the decss issue in 1999. DVD-CCA steps in between DVD owners and authors of decss to tell each party what they can and can't do.


      Now, whether Apple *supports* whatever people want to do with that hardware is another matter altogether.


      Noone needs apple to *support* this, that's totally not the issue. What we want is for apple to not tell owners of ipods what to do and authors of separate software programs what to do.

    60. Re:A few thoughts by NaugaHunter · · Score: 1

      Why should Apple have the right to dictate what people do with their iPods (which is what this amounts to) in the first place?

      They have no right to do so, nor are they doing so. The reasons they are pursuing their options:

      1) Real has hacked their software. IANAL, but ignoring even minor infractions could be used as precedent when trying to defend against major infractions.

      2) Users will expect this hack to work even after updates. For years in System 6, 7, 8, 9 people were constantly adding hacks against undocumented code that would break with updates. This is the same thing, with the difference being that the users won't realize they are using hacks until after an update when things don't work. And when that happens they'll blame Apple, both in extra support calls and in bad press.

      Apple couldn't care less what people do to their OWN iPods. But when you start telling others what to do with theirs and it will only lead to problems Apple has a responsibility to step in and a) tell their users that it IS a hack, and b) discourage the authors from continuing distribution. If this had been just some guy releasing it Apple probably would have just tried to shut down distribution sites, but would not have worried that many mainstream users would use it. The fact that it is Real Networks, a corporation in the music distribution industry, gives the hack credibility and the apparent endorsement of Apple. As such, Apple has to pursue corporate level tactics to get them to stop.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    61. Re:A few thoughts by Anonymous Coward · · Score: 0

      As long as the welch people are not haking ipods, then it would be wrong to shoot them. But as soon as they hack their first ipod fire away!

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

      YOU make the choice, then YOU do the hack, mate. Don't expect someone else (REAL) to do it for you.

      The choice is YOURS... not REAL's. Make it play Oggs if you want... no one is stopping YOU from doing it. What is the problem here is REAL doing it... What if Apple messed with WMP to "hack" it to play AAC files from iTunes? Would MS be peeved? You bet they would.

      Still, it's like talking to a brick wall with some people.

    63. Re:A few thoughts by Morosoph · · Score: 1
      The word "hackers" was successfully successfully co-opted long, long, long ago ("a person who illegally gains access to and sometimes tampers with information in a computer system"), so don't fault Apple's (currently correct and appropriate) use of the word, and save us the tiresome lectures.
      The quote is correct with the older and alternative definition of hacker; arguably it's wrong with the modern meaning; to reverse-engineer a protocol to allow wider or fair use, is entirely within hacker ethics.
    64. Re:A few thoughts by geek · · Score: 1

      liers? I assume you mean liars, which I would like some proof of. I have the iPod box next to me with all docs, it looks pretty clear to me as laid out in the license agreement. I never saw an ad from apple saying the iPod would play ogg or any of the other formats people here complain about. They are in fact different since they make the hardware and software and provide a supierior experience over MS and all others. So where is the lie here or are you just grand standing for the ignorant masses? I see no lie from Apple, they've never pretended to be something else, if you got that impression it's your own fault for not being educated ont he subject. Don't be mad at apple for your ignorance.

    65. Re:A few thoughts by squiggleslash · · Score: 2, Interesting
      Apple is under absolutely no obligation to make it easy for you to do any of those things.
      Nobody's arguing otherwise. When Apple refused to work with Real, I made no comment. Real doesn't have a god-given right to Apple's help.

      However, as I wrote above:

      if Apple takes further action against Real rather than sabre-rattling, I'll never buy another Apple product again.
      In this instance, if Apple does, as threatened, as I made my comments conditional upon, take action against Real (rather than simply not cooperate), then they're going one step further than simply not making it easy. They're actively trying to prevent me from using my iPod in the way I choose.
      The problem is 1) the legal precedent that could dwindle iPod sales (they do have shareholders to answer to), 2) the support nightmare Apple (NOT Real) will inherit from users who have problems uploading Real songs, especially if the reverse-engineering breaks after an update. These are reasonable concerns, I think.
      1 is bogus. Adding functionality to the iPod will not cause iPod sales to dwindle, and even if it did, their obligation to shareholders is not a carte-blanche to trample over their customers.

      2 is also bogus. People having problems with Real music playing on iPods will most likely call Real because they'll be using Real's solution to load music bought from Real's music store. Even if someone opts to go straight to Apple, Apple has a perfect right to direct such queries back to Real.

      I don't think either are reasonable concerns.

      In any case, Apple has brought these upon itself. It could have worked with Real, it chose not to. Real, quite reasonably, decided to do the work itself. Apple's updates may "break" things in future, and there may be complaints, but the only damage I can think of is to their reputation, and let's be honest, given Apple's behaviour here, they deserve any damage to their reputation that this causes

      Apple's best response would be to cooperate or ignore. Suing Real is a direct attack on their customer base, and that's not acceptable.

      --
      You are not alone. This is not normal. None of this is normal.
    66. Re:A few thoughts by gilroy · · Score: 1
      Blockquoth the poster:

      Do you want to try and apply that argument to something like, say, console games? I can't play Xbox games on my PS2 so obviously there is a major consumer discrepancy going on, right?

      You're missing the point -- I can't tell if purposefully or not. It's not about incompatible standards. Of course Apple doesn't have to "to make the iPod work only with their music store". But they're going further: They're saying that no one else can make the iPod work with a different music store. They are in fact asserting rights over your hardware after you buy it. And while the DMCA might in fact give them the legal right to stop Real, they do not have (in my opinion) a moral right to do so.

      Since iPods do what I want (play MP3s), I'll probably get around to buying one. But I am pretty sure I'm not going to be patronizing the iTMS any time soon.
    67. Re:A few thoughts by Anonymous Coward · · Score: 0

      One simple question: why?

      Because of people like you, me, and probably near everyone else on slashdot. People who sit her and bitch and moan about "fan boys" and "hypocrits" instead of getting off our lazy asses and doing something about these laws.

    68. Re:A few thoughts by squiggleslash · · Score: 1
      Did you miss the part of the story where it's clear that this isn't simply about firmware updates? No-one may be forcing me to apply Firmware Updates, but Apple is considering LEGAL challenges, and Real certainly would, if Apple chooses to go down that route, be forced to appear in court, and possibly forced to drop their system, preventing me from having that choice.

      If Apple goes down this route, it is an attack on their customers, nothing less.

      --
      You are not alone. This is not normal. None of this is normal.
    69. Re:A few thoughts by squiggleslash · · Score: 1
      YOU make the choice, then YOU do the hack, mate. Don't expect someone else (REAL) to do it for you.
      I'm not FORCING Real to do anything. But I can't make the choice to play Real's music without them doing this work. More to the point, if I can modify my iPod, or hack it, or anything else, then by implication I can allow others to do the same thing.
      Still, it's like talking to a brick wall with some people.
      Yes, it is. You appear to think that someone's property rights somehow end the moment they bring a third party into the equation.

      This isn't about Real's rights, it's about my rights to do as I wish with my property. Saying "You have the right to do what you want except do this that and the other, because this that and the other requires involving someone else" is incompatable with that. It doesn't matter whether I'm playing Real's music or listening using Sony's headphones. Do you understand that? Do you believe Apple should be able to forbid me from selling my iPod too?

      --
      You are not alone. This is not normal. None of this is normal.
    70. Re:A few thoughts by Anonymous Coward · · Score: 0

      "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod..."

      And Apple is implying that the tactics and ethics of lawyers are an improvement?

      Truth be told, that statement is a little harsh. Replace Apple with the RIAA, and it'll be much more accurate. Since Apple has to safeguard the integrity of FairPlay in order to keep iTMS going, Real's "subversion" of the DRM is threatening because it tarnishes the reputation of FairPlay as easily hackable (now in both directions). Apple's attack of Real is not so much directed to compel Real to drop the issue, but to scare other companies into not attempting to hack FairPlay.

      Moral: one rotten conglomerate can spoil the entire corporate landscape.

    71. Re:A few thoughts by spinlocked · · Score: 0, Troll

      There's a UK law which permits the killing of Welsh people in Chester, provided you use a bow...

      Sensible policies for a happier Chester.

      --
      # init 5
      Connection closed.


      Oh... ...bugger.
    72. Re:A few thoughts by rdsmith4 · · Score: 1
      So... why exactly should people who use dumb legislation get a free pass? Are their actions any more moral or justifiable?

      No, but they are good business. Welcome to corporate America - and indeed capitalism in general. If it makes money, do it! (That's no condemnation of capitalism - I'm all in favor of making money.)

    73. Re:A few thoughts by madmancarman · · Score: 1
      You don't think Apple will stop me the same way they will Real if I come up with a way to play everything (including realmedia) on an ipod and I distribute it?

      That depends. Do you plan on distributing it as FOSS, or do you plan on starting a competing music store and earning money off the work Apple has done to develop, popularize and improve their product? Certainly the distinction between the lone hacker and a competing corporation must be clear, and the distinction is intent. If you hack your TiVo for the fun of it, the company couldn't care less - you're just voiding your own warranty. Most companies won't even care if you tell others how to hack it, and Apple seems to have been pretty supportive of the OSS developer community with the advent of OS X. But if you start selling your hacks to others (a la General Computing selling modkits for Missile Command and getting sued by Atari), then you've stepped over a line that invites litigation.

      The fact thar Real is a mere shadow of its once-dominant position in online multimedia should be a clue to any customers considering purchasing music through RealNetworks. I wonder if this is an act of desperation, or are they deliberately taking on a fight they can't win in order to boost their stock price?

      --
      First they ignore you, then they laugh at you, then they fight you, then you win. -- Gandhi
    74. Re:A few thoughts by YU+Nicks+NE+Way · · Score: 3, Insightful
      How will a firmware update magically increase the battery life by 50%?
      By turning off the CPU more frequently, or by moving more stuff into a nearby memory and letting the disk spin down, or...

      Consumer electronic devices have a lot of programmatic ways to reduce battery drain.
    75. Re:A few thoughts by Lars+T. · · Score: 1
      Others remember the continued arrogance and mistakes regarding OS licensing long ago. "Apple could potentially become the Microsoft of online music," they say. But this could only potentially happen by cannibalizing iPod sales. The iPod would be akin to the "PC"; the iTunes Music Store would be "Windows".

      IOW Apple could be the IBM desktop PC division of online music.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

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

      Regarding the DMCA: you can't fault Apple for using a law on the books

      Oh yes I can, and do.

      If Congress passed a law that said it was ok to rape your two year old daughter, you wouldn't complain if someone went ahead and did it, would you?

      That facetious line of reasoning is truly sickening, and you should be ashamed of yourself. Really. Just because there's a bad law on the books is no excuse for people to do evil.

      The word "hackers" was successfully co-opted long, long, long ago ("a person who illegally gains access to and sometimes tampers with information in a computer system"), so don't fault Apple's

      And again you're completely and utterly wrong. Mass market misuse of a word does not change it's meaning - it only makes it easier to distinguish those who have a clue from those who don't. Most people use the word 'gun' to refer to small arms, and the word 'bullets' to refer to cartridges, and even call revolvers 'pistols', but that doesn't change the meaning of the words, it just makes it easy for me to tell within seconds if the person I'm speaking with has any knowledge of the subject matter. Similarly, many people use the word 'schizophrenic' to refer to 'multiple personality disorder' but that doesn't change the meaning of that word either - it just once again makes it easier to tell that the speaker hasn't even passed freshman psych.

      But still, it means both parties must agree, and doesn't excuse Real.

      Real has done plenty of things they need excusing for, but this isn't one of them. The parties that need to agree here are Real and the owners of the Ipods. Apple is their manufacturer, and in this case a third party. I bought my Ipod, I don't rent it, and I sure as hell don't 'license' the damn thing, I own it. If I were fool enough to want to do business with Real, that would be my business - not Apples.

      But for Apple, the iTunes Music Store is a break even proposition: its sole purpose from a business perspective is to drive iPod sales and adoption, and, to a lesser extent, adoption of other Apple products. Apple's iPod and hardware margins are to-die-for in the computer industry, while the iTunes Music Store, even after having sold 100 million songs, only recently made a "small profit".

      One more reason why Apple should have said "thanks, and if you have any problems let us know immediately - we'll try to help" to Real instead of threatening to sue. It was the right thing to do morally, and also the right thing to do practically, but for some reason they decided to talk about sabotaging Ipods and calling the cartooneys instead.

      And no, I'm not anti-apple. I'm typing this on a powerbook, I've got an ipod and a powermac, they're great machines I've recommended to many people. I just don't like the way they're behaving in this particular case - and I like your lame attempt at apologetics for it even less.

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

      "are those who owned slaves when slavery was legal to be held blameless?"

      1.- They are dead. They are unable to care whether you blame them or not.

      2.- Legally, they were blameless. Morally, most of society accepted it at the time, ergo, they were morally blameless!

    78. Re:A few thoughts by Bricklets · · Score: 1

      And Apple does seem to be moving a bit slow to respond. They could be trying to be careful in making sure whatever statements they make doens't come back to bite them in the butt, but maybe they're having a hard time coming up with what to do against Real.

      I wish I could hear the debates going on right now behind the corporate walls of Apple.

      --
      Little Bricklets
    79. Re:A few thoughts by Bricklets · · Score: 1

      Adding on to what has already been said, Apple indicated that the majority of the battery life savings in the new model were due to clever OS optimizations. Now, the new models do have different hardware, but it should be possible to get at least some gains in battery life (though maybe not as large of a jump from 8 to 12 hours.)

      --
      Little Bricklets
    80. Re:A few thoughts by Anonymous Coward · · Score: 0

      > "YOU WILL NOT OWN THIS PRODUCT AFTER PURCHASE. IT WILL REMAIN THE PROPERTY OF ..."

      Well, that's how software licenses often work... even try reading the terms of use of for the console-based video game of your choice. You use the product under their terms, or you are in violation instantly and must return it to the company who manufactured it. You don't actually own it, generally you get the use of it under restricted terms.

      Should companies make the terms available to you before you purchase? Absolutely. Do they have seemingly artbitrary rules about how to use their products? Sometimes, but that's their business. If you (the consumer) don't like that, vote with those ballots you carry in your wallet instead of bitching.

    81. Re:A few thoughts by Bricklets · · Score: 1

      In London, don't you have to return your house back to the government after 99 years?

      --
      Little Bricklets
    82. Re:A few thoughts by Lord+Kano · · Score: 1

      Many US states have similar legal skeletons lurking in the closet.

      In my state, PA, until the early 1990s it wasn't possible to charge a man with rape if he was living with or married to the victim.

      LK

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

      Apple should have been reaping the rewards of its work on every ipod it sells. The deal between Apple and its customers is done. This Real issue does not involve Apple in any way. Real is writing software for owners of ipods. It involves only people who own ipods and real.

      Now if apple has been using one of those idiotic buisness models where they give hardware away and then expect people to sign up for some service to compensate, well then they deserve to loose money since it has been prooven time and again that that doesn't work. It isn't the repsonsibility of the government or anyone else to make it work. However given the cost of an ipod I suspect apple is making a profit on the hardware sales alone. So they are reaping the fruits of their labor at that time. If they aren't happy with it then increase the price of impprove the product.

    84. Re:A few thoughts by DAldredge · · Score: 1

      Please check out the Apple PR campaign. You know, the one that makes apple out to be a 'different', 'forward thinking', 'hip', 'not them', 'not the man' type of corp.

      And when you have to lead off with a spelling correction that just makes you and your argument look like a bunch of bullshit.

    85. Re:A few thoughts by Scrameustache · · Score: 1

      Right... because it's Apple doing it, it's not wrong...

      The way I see it, because they're doing it to Real, its not wrong.
      I want those suckers to pay! ;-)

      --

      You can't take the sky from me...

    86. Re:A few thoughts by tekunokurato · · Score: 1

      Yeah, like the above people, I'm gonna have to go ahead and disagree with ya there.

      If we can praise rosa parks for having the guts to oppose unjust laws at possible personal penalty, and we can praise warren buffet for having berkshire hathoway NOT hide under insane tax shelters like every other fortune 500, then we can certainly condemn apple for using (currently only considering using) an unjust law to achieve a useless action.

    87. Re:A few thoughts by IntelliTubbie · · Score: 1

      First, they don't have to use the DMCA, it is a choice.

      Possibly not. As a public company, Apple has a legal responsibility to its shareholders to protect the interests of their investment. While IANAL, I'm pretty sure that Apple could be sued by shareholders if they put the personal belief that "DMCA sux" ahead of their fiduciary responsibilities.

      Cheers,
      IT

      --

      Power corrupts. PowerPoint corrupts absolutely.

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

      Well, there's also the little issue about being an educated consumer -- this day in age, that includes reading the policies on the company's website, seeing what other people are experiencing with the product, etc. Apple is under no obligation to put the details you mentioned on the boxes (at least, under the current laws).

      Nothing has changed for centuries. People were buying "health tonic" that was snakeoil in the 1800s. When consumers become educated ("Hey, that X product didn't cure any of my friends or family's ailments. And, it isn't recommended by doctors") the products fall off the market.

    89. Re:A few thoughts by multriha · · Score: 1

      As he's legally obligated to do what's best of his business interests, and the state enforces its laws with guns, he does have a gun to his head in the matter.

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

      Real could have enabled YOU by simply removing their own DRM from their files. That would give you the compatibility you desire. Note this is how eMusic accomplishes their compatibility with the iPod

    91. Re:A few thoughts by geek · · Score: 1

      Well if you can't grasp basic english and grammar how do you expect to argue your point? Further, I have seen their ads and yet again I ask, where is your proof of lying? You have none which is my point. You're just another lame Apple basher with no basic sense of reason. By all means continue, you and people like you so full of hate and stupidity are why Apple is making a come back. You show your true colors every time you start your rabid tirades making people curious about the other side. So for that I'll simply thank you and say good day sir.

    92. Re:A few thoughts by Scrameustache · · Score: 1
      Does Apple, or its customers, really want an environment where any changes to the iPod to add functionality or features can break customers' music that they've ostensibly legitimately purchased?
      It really shouldn't matter what Apple wants, only what the customers want. If the customers want to put themselves in such a situation, they can make that choice. If anything it is reasonble only for Apple to demand that Real make it very clear to customers that if they do take an end run around apple on this, that their device might stop playing their music files, delete random content, or explode in their pocket, but it's not reasonable for Apple to tell people what they can or cannot do with hardware they purchased.

      Oh come on, like you wouldn't see a /. article "Apple breaks compatibility, wastes its client's money!" the minute they upgrade the firmware in a way that would invalidate this hack. No matter how much they made it clear it could happen.

      If you think it's reasonable for Apple to use an unjust law to control a product which consumers pay for and expect to own, then that's your business.

      Here's a thought, instead of mucking around with another company's product, why doesn't Real make its music freely transferable to a format compatible with the iPod? It can play numerous formats, so if their goal is to provide the consumer with choice, why don't they stop pushing their own gorram DRM proprietary file format and provide their client with a choice that has more freedom?

      P.S. DMCA sucks, lawyers suck, Apple usually rules, but their DMCA happy lawyers still suck.
      --

      You can't take the sky from me...

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

      umm... Apple is not an oppressive government

      --
      Like anyone can even know that
    94. Re:A few thoughts by Grrr · · Score: 1

      ...point it towards the RIAA. They are the reason we have DRM.

      Nah. Well, if they;d never existed, it would've been the Beast or somebody else.
      DRM was inevitable.

      <grrr>

    95. Re:A few thoughts by totoanihilation · · Score: 1
      Help me out here: I must have missed the part where Apple told anyone what they can or cannot do with the hardware they've purchased.
      Why yes, yes you have. Check out Apple's iPod Product Page: http://www.apple.com/ipod/specs.html

      "Audio Support: AAC (16 to 320 Kbps), MP3 (32 to 320 Kbps), MP3 VBR, Audible, AIFF, Apple Lossless and WAV"

      Nope! Don't see "reversed engineered Real DRM that might not be entirely compliant". Now if Real sold music that was transferrable to any of those formats, that would be a different story entirely.
    96. Re:A few thoughts by poot_rootbeer · · Score: 1

      None of Apple's "IP" is being violated

      We know that Real did not license Apple's FairPlay technology for Harmony. That leaves two options:

      a) they built a clean-room implementation of it using publicly available documentation and affirmedly legal reverse-engineering techniques, or
      b) they copied Apple's on implementation in violation of intellectual property laws, including the DMCA.

      Do you know which of these actually happened? I don't. It would be a little premature of us to defend or decry either side until that information comes to light, don't you think?

    97. Re:A few thoughts by ericdano · · Score: 1

      Or the EVIL ROBOT DEVIL ;-)

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    98. Re:A few thoughts by anagama · · Score: 2, Interesting
      • Every time they had come up with something innovative (technically or purely esthetically), they got ripped off by cheap knock-offs.

      That's called competition and in a capitalist economic system, it is considered good. Competition benefits consumers by lowering prices, increasing choice, and improving quality (yes there will be exceptions). As an example, without help from Japanese competition, American cars would be just as (un)reliable as they were in the late 70s and 80s - more expensive likely as well. We have better quality now thanks to competitors' products.

      Apple could have been a serious contender ages ago. Nice product and all, just overpriced. I really wanted a Mac for my first computer (at least of the type that didn't hook up to a TV) in 1990/91. Impossible for me to afford the color version and let's face it, I wanted to play color video games. So, because Apple was $500 too expensive, it's a decade and half that they've lost my business. I learned DOS, then Windows, now Linux. I go fiddle with my friends Mac and it's a horrid experience (not because the UI sucks, but because I'm not used to it).

      I'm completely pleased there was competition for Apple. It allowed me to get a computer with features I wanted, has saved me much money over the years (notwithstanding the MS tax), and most importantly, it enabled me to play Leisure Suit Larry in 16 colors!
      --
      What changed under Obama? Nothing Good
    99. Re:A few thoughts by Anonymous Coward · · Score: 0

      There's still a law on the books in New York state that says that women can't drive on Sundays.

    100. Re:A few thoughts by Anonymous Coward · · Score: 0
      Further, I have seen their ads and yet again I ask, where is your proof of lying?

      Apple is claiming to be innovators, yet they have developed very little of what they are selling themselves:
      • Mouse: developed by SRI
      • GUI: developed by Xerox
      • Quartz: developed by Adobe
      • Cocoa: developed by NeXT based on technology from Stepstone and Xerox
      • Darwin: developed by CMU and Berkeley


      If you disagree, name some top CS researchers that are still at Apple.

      Face it: Apple is little more anymore than a marketing shell with a bunch of hotshot visual designers. And why should it be any different? The company doesn't have the research labs to innovate anymore.
    101. Re:A few thoughts by Snocone · · Score: 1

      Remember: Microsoft never made computers

      Hmmmm ... there's that Microsoft Smartcard Z-80 CP/M running Apple ][ card, which took over the host's display and keyboard. That would qualify under many definitions of "computer", I'd say.

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

      I don't really see the problem with that. Once you marry, that's consent. End of story.

    103. Re:A few thoughts by DAldredge · · Score: 1

      I do grasp basic english and grammer. I just do not consider /. to be a forum where it matters so I don't think the time to correct what I write. It isn't worth the effort.

      I would like to point out that a systems supplier who is unable to get enought chips for it's systems from its supplier isn't making a comeback. (HINT: g5 imac delay). One could also say that a company that gets 10%-12% of revenue from a business line that it had an agreement not to enter is on shakey legal ground (HINT: Apple Records)

    104. Re:A few thoughts by Mildew+Man · · Score: 1

      Why should Apple have the right to dictate what people do with their iPods (which is what this amounts to) in the first place?

      Actually, I don't think that Apple cares what the hell YOU do with your iPod. They care that another company is trying to profit from their products without their permission. Remember, we don't know the whole story behind why Apple didn't license their DRM to REAL (would you if you had a choice and you didn't need them?). But it is certainly within their rights not to enter into a partnership with companies that don't benefit Apple or that they just plain don't like.

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

      Once you marry, that's consent.

      That's debateable. Not all sex within marrage (even between the 2 that are married) is with 'consent'.
      There are issules like statiotary (sp?) rape. Which while it is usually with consent, it is still sex with a minor.
      There's also Stockholm Syndrome to think about.

      I think all in all, you're talking about a 'lets not go there' issue.

    106. Re:A few thoughts by proj_2501 · · Score: 1

      I do grasp basic english and grammer. I just do not consider /. to be a forum where it matters so I don't think the time to correct what I write. It isn't worth the effort.

      Then it isn't worth the effort to read your posts. Have a nice day.

    107. Re:A few thoughts by DAldredge · · Score: 1

      For someone who thinks it isn't worth the effort you spent a lot of time doing it. Just because one of your gods has been show to be a little guy behind and curtin doesn't mean your have to respond complety off topic.

      Perhaps you should spend less time on /. and more time looking for DJ work. ;->

    108. Re:A few thoughts by nzkbuk · · Score: 1

      They're actively trying to prevent me from using my iPod in the way I choose.

      No, they are trying to stop Real from using their file formats. The RIAA are preventing you from using your iPod as you want to.They are the ones saying that all music content must be DRM crippled

      2 is also bogus. People having problems with Real music playing on iPods will most likely call Real because they'll be using Real's solution to load music bought from Real's music store. Even if someone opts to go straight to Apple, Apple has a perfect right to direct such queries back to Real.

      We all know that a large number of people will call apple and expect apple to fix any problems they have with content from real. If you've done any sort of work on any help desk you'll know this.

      Apple's best response would be to cooperate or ignore. Suing Real is a direct attack on their customer base, and that's not acceptable.

      To do this Real has had to reverse engineer Apple's IP for their version of AAC (The only format I know of that has DRM on an iPod).

      The problem here is the RIAA only allowing DRM'd content to be sold.
      I've got a bunch of mp3's from allofmp3.com that work just fine on my iPod. I don't touch WMA, but I would like to see the iPod support ogg's.

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

      Apple doesn't sell products, Apple sells a product package. The iPod works seamlessly with iTunes, and they all work seamlessly together with Max os X, which works with Apple computers... and so on. If realy has songs that try to work with the iPod, there are more things that can go wrong, and Apple might be blamed (as parent noted).

      Apple's product is not just a music player, or a song; it is an image, a collection, a seamless package. This is exactly the opposite of the common Linuz choice-oriented philosophy, but works well (full disclosure: I'm an apple partisan myself). You really can't fault them for feeling endangered when someone threatens their package.

      --
      Denn wir sind wie Baumstaemme im Schnee. Scheinbar liegen sei glatt auf, mit kleinem anstoss sollte man sie wegschieben
    110. Re:A few thoughts by MorePower · · Score: 1
      This fiduciary responsibility excuse is probably the main thing we should put a stop to.

      When you buy stock, nowhere does the company sign a contract saying they will do everything legally possible to increase the value of that stock. In fact, you are generally warned by the stock brokers many times over that there are no gauranties that the stock will retain any value at all.

      While I agree that the companies should commit fraud or grossly mismanage the stockholders money, I don't see why there would be any legal expectation that the company will zealously persue every possible dime of the stockholder's behalf. If you don't like the way a company uses your share money, don't invest in them!

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

      So then aren't they guilty of microsoft-esque bundling? What I'm getting at is that apple is fighting the same fight as other major corporate entities or sectors and you commend them for it while you bashed the hell out of the other people. I think that in this case Apple is wrong and that they shouldn't be able to keep other services music from playing on the ipod. Given thier marketshare Apple is a near monopoly in the online music -> portable player business and using software tactics like this to bar others from entering the market should be blatently wrong. Real needs to stand up and fight apple the same way the states fought Microsoft for keeping other browsers off the desktop.

      --

      "You can now flame me, I am full of love,"

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

      If you don't use the law on the books the law will become irrelevant, whether you agree with it or not doesn't matter. Congress agrees with it, as do most lawyers, they WILL use the law on the books. Get over it.

      Oh good. By your logic then the DMCA anti-circumvention crap is irrelevant. The DMCA was passed seven years ago, and still not a single person has ever been convicted under it.

      Note that it's kinda hard to have a court strike down an unconstitutional law without a conviction to appeal.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    113. Re:A few thoughts by Anonymous Coward · · Score: 0

      When people started 'buying' the sweatshirts that said "Property of X Athletic Dept."

    114. Re:A few thoughts by aclarke · · Score: 1

      Darn, that means that if I bought a house in London tomorrow, I'd only get to keep it until I was 130...

    115. Re:A few thoughts by Bricklets · · Score: 1

      More specifically, you won't be able to pass your home down to one of your kids. And all kidding aside, who knows. You may live to 130.

      --
      Little Bricklets
    116. Re:A few thoughts by Alsee · · Score: 1

      Well, that's how software licenses often work

      Nope. You no more need a licence to install and run software you bought than you need a licence to read a book you bought. YOU DO NOT NEED A LICENCE.

      EULAs are actually contract offers, and you have every right to decline that contract. Of course if you decline the contract you do not get anything the contract offers you, but as I said you do not need a licence to install and run software. EULA's generally offer you nothing you want and certainly nothing you need.

      The very few EULA cases that have been upheld have all been done so based on arguments that the customer willingly chose to agree to a contract. Even if we accept the (IMO absurd) theory that opening the seal on a disk pack "indicates acceptance" of a contract, if you manage to read that disk and install the software without breaking that seal (maybe you slide an optical probe through the corner of the flap) then you are perfectly legal using that software and the EULA does not exist.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    117. Re:A few thoughts by ClosedSource · · Score: 1

      "Every time they had come up with something innovative (technically or purely esthetically), they got ripped off by cheap knock-offs."

      I'm sure the guys that designed the Xerox Alto and the Xerox Dandelion know exactly how that feels.

    118. Re:A few thoughts by Ohreally_factor · · Score: 1

      Dubya? Is that you?

      --
      It's not offtopic, dumbass. It's orthogonal.
    119. Re:A few thoughts by Anonymous Coward · · Score: 0

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

      I actually wonder if Real didn't approach Apple with threats of this hack, and tried to make Steve "an offer he couldn't refuse". What would you do if someone tried to blackmail you into giving up part of your business?

      --
      It's not offtopic, dumbass. It's orthogonal.
    121. Re:A few thoughts by Ohreally_factor · · Score: 1

      Your point does have some validity, but ultimately falls apart because Apple does not have a monopoly in the digital music space. It's much too soon to tell. Beyond that, the companies united behind the RIAA are the ones with the real monopoly power, even if Apple could gain 95% of the MP3 player market.

      The big problem with MS's anti-competitive behavior was that they were already a monopoly, and were illegally using that monopoly power to dominate a new market. Even if Apple controlled 95% of the MP3 player market, they still wouldn't control the music rights.

      --
      It's not offtopic, dumbass. It's orthogonal.
    122. Re:A few thoughts by Ohreally_factor · · Score: 1

      I'd calm down a little. Apple hasn't said that they're suing Real under DMCA, they said they're examining at their options, which may include using the DMCA. It's very preliminary saber rattling by Apple's legal department.

      I think that if Apple ultimately does use the DMCA, it would be a bad thing, but frankly, I'm not sure if they have the legal basis to use it. The only way, near as I can tell, is if they claimed that Fairplay was designed to protect the iPod from unauthorized music from vendors such as real. This seems pretty absurd to me, but you never know how these things work themselves out.

      Anyway, I just wanted to offer some calming words before you went to the supermarket and started putting razor blades into Apples. That was my first reaction too.

      --
      It's not offtopic, dumbass. It's orthogonal.
    123. Re:A few thoughts by Anonymous Coward · · Score: 0
      I can fault them for anything I want, including their fruity cases.

      Are you referring to their lawsuits or their hardware?

      cmeador

    124. Re:A few thoughts by Ender+Ryan · · Score: 1
      I say it's about time for Apple to flex some legal muscles for a change and try to protect what they have.

      That is an incredibly stupid thing to say. Flexing legal muscle should be done when one is in the right, legally and morally. Apple has no right, legally or morally(except possibly under some highly suspect interpretation of the DMCA -- yes, not even the DMCA has any provisions against reverse-engineering, except with regards to copy control mechanisms protecting copyrighted works), to prevent people from using devices they purchased in a manner they please. It doesn't matter whether said person is an individual or a company, or any combination thereof.

      If Real provides consumers with another way to use the iPods that they have purchased and own, so be it. I don't like Real. In fact, I despise Real. But I will not support Apple in any matter that involves abuse of our ailing legal system.

      I think everyone who supports this sort of bullshit deserves a swift kick to the nose. Ah, if I could only be the one to deal them out :P (I'm just kidding, BTW)

      And BTW, you certainly can put Honda engines in Hundai cars. In fact, there are many small companies which specialize in such things(probably not something stupid like Honda engine -> Hundai car, more like Mustang/Chevy/Acura -> Jeep Wrangler/Honda Civic/$cheap_but_has_potential_car.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    125. Re:A few thoughts by Phoenix-IT · · Score: 1

      What do you want me to say? I'm a very strong opponent of greedy, opportunistic capitalist companies. While they may conduct their business legally, they secretly operate with the ethical code of a common thief. They seek to exploit loopholes in the law to achieve the goals of a burglar in the night.

      The action of making a public statement that they *might* use the DMCA is an attempt to intimidate Real. This is no different than a group of thugs visiting a new store in town and telling the proprietor, "You're too close to our stores, now leave town or else..." Just mentioning that disgusting law has a chilling effect. How many people working in secret on something for the iPod are now saying, "Gee, I don't know if I want to pursue this now. I could end up in jail over it."

      Why would I put razor blades in apples? I just made a statement about my disdain for unjust laws and criminal behavior in corporations and you equate that with me trying to harm some innocent person?

    126. Re:A few thoughts by Splunge · · Score: 1

      You entirely have the right to do whatever you like to *your* iPod. If Real provided their software as a firmware update or something to the iPod you have the right to change the firmware (this may cause you to lose your warranty with Apple but that's a separate issue). Apple cannot and will not try to sue you or stop you from using your iPod regardless of what you do with it (except maybe if you try and bludgeon an Apple employee with it). Apple is not infringing on your rights. Apple cannot demand you update your iPod to break Real's workaround but they can provide you incentives to have you change (upgrade your firmware and you get new capability X).

      Real, OTOH, does not have a right to increase their profit by using Apple's intellectual property without a license. If Real wanted, they could come up with some system that sent un-DRMed files to the iPod and Apple would not have a problem nor a leg to stand on if they did. Instead they've decided to break Apple's system and use it.

      I'll reiterate: *You* have a right to do whatever you want with your iPod. Real does *not* have the right to use another company's IP without the 1st company's agreement and Real had other options that would have allowed you to play their songs on an iPod but they chose this, potentially illegal method.

      --
      "Brown University? We have one of those in Providence!" -- Outside Providence
  4. What is Apple Griping About? by stecoop · · Score: 3, Insightful

    Apple has seen sales of iPod boost its bottom line over

    The article talks about Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.
    And Apple is complainig that sales have soared? Apple should see that more means more - more sales due to more formats being played. Now maybe apple should go back to the chain of command and figure out who stuffed in the DMCA trying to get more sales and question that person mangament ability.

    The artcile continues by saying Apple has a variety of legal steps. Does this mean that once you own a piece of hardware you can't update the software? Hmm Sounds like they would like to go after the FOSS community if somoeone released an updated iPod OS. RealNetwork would put the legal team on ends if it released the updated source to the community.

    1. Re:What is Apple Griping About? by stratjakt · · Score: 2, Interesting

      The only thing that would make me consider an iPod would be if it worked with all the major music download services. Not through hacks or bullshit, not to be broken by iPod firmware 2.0, etc..

      Their desire to lock me in to iTunes doesn't excite me anymore than the idea of a DVD player or game console that only plays stuff I bought at Wal-Mart.

      I don't understand the Apple fanaticism here. It truly puzzles me. Time and time again they act like every bit the dickhead corporation that every corporation is. Apples goal is the same as MSFTs or Reals, to suck money out of my pockets.

      Music is dying, iPod is helping kill it. No more standards, and I just can't wait for the future where you can only play music or video that you bought from the people that sold you the device on which you plan to play it.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:What is Apple Griping About? by Blondie-Wan · · Score: 1
      The article talks about Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.

      The article is wrong, then, of course. The iPod predates the iTMS by well over a year; does the article writer think the iPod's first buyers got them and then let them sit unused in drawers for a year?? The iPod has always played ordinary MP3s, WAVs, and AIFFs, and still does. One can buy an iPod and fill it with thousands of songs without ever using the iTMS.

    3. Re:What is Apple Griping About? by jdreed1024 · · Score: 1
      Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.

      The article is full of shit. iPods will play WAV, AIFF, MP3, and unprotected AAC. In fact, that's all the played for the few years before the ITunes Music Store came into business. CNN is just plain wrong, and they're making it sound like Real did Apple a favor.

      --
      There is no sig, there is only Zuul.
    4. Re:What is Apple Griping About? by Aero+Leviathan · · Score: 1

      Hold on... I think the article writer might have been a victim of poor phrasing. (Or maybe it was phrased this way to them to begin with and they misunderstood.)

      Consider: Previously, the only digitally protected songs that the iPod would play were those that carry restrictions and were purchased from Apple's own iTunes music store. (MP3, etc would probably not be considered 'digitally protected'.)

      If you think about it, the original sentence can be interpreted to mean the same thing as my reworked sentence... its problem was that it was ambiguous.

      --
      ~ Aero
    5. Re:What is Apple Griping About? by Anonymous Coward · · Score: 0

      The only thing that would make me consider an iPod would be if it worked with all the major music download services.

      You're in luck! There is only one major music download service, the iTMS. The rest of them (like Buy Music, etc) are basically negligible.

  5. The Envelope, Please by ackthpt · · Score: 2, Insightful
    And Apple's response to Real cracking their iPod and exploiting it to their own ends receives the 2004 'This Comes As A Complete Surprise To Noone' Trophy.

    It's like Real have lived under some kind of rock for the past six years. I'm sure they've employed this a few times themselves. Is there a different captain at the helm, oe with a Napoleon hat perhaps?

    Of course, it could be argued that Apple is approaching a monopoly status with the iPod and should open it up. Given the dislike others have expressed with Real Networks, they must be truly wrestling with their sentiments on this one.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:The Envelope, Please by proj_2501 · · Score: 1

      "Of course, it could be argued that Apple is approaching a monopoly status with the iPod and should open it up."

      No, it can't. There's a billion other portable digital players on the market with a whole pile of services to legally download from.

    2. Re:The Envelope, Please by Nurseman · · Score: 3, Insightful
      ...Apple is approaching a monopoly status with the iPod

      I think that is a stretch. Popular ? Hell yeah. Inovative ? Hell yeah. Monopoly ? I think not. I just bought my kid a CD based player from Sony, it has AM/FM radio, and plays MP3"s on CD. It was a 1/3 of the price of an Ipod and more than enough for him. Would I have sprung for the IPod if I had the cash, not sure. But, there are LOTS of other choices out there.

      --
      Save a Life. Donate Blood. Please.
    3. Re:The Envelope, Please by metallicagoaltender · · Score: 1
      Of course, it could be argued that Apple is approaching a monopoly status with the iPod and should open it up.

      Why? The iPod is Apple's product and they can do with it as they see fit (within the law of course). There are plenty of other portable music players on the market, and for people that want to be able to play certain music formats, they can buy a different player. I chose to buy an iRiver iHP-140 because it fit my needs/wants best. If I'd bought an iPod, should I have been able to turn around and complain that it can't play a certain format?

      I'd really tend to disagree that Apple is anywhere near monopoly status with the iPod...with a lot of other quality music players, not to mention PDAs, cellphones, and other devices that can play music, I don't see a problem. I'm by no means a fan of Apple, but saying they're anywhere near a monopoly is just an exaggeration.
    4. Re:The Envelope, Please by teal · · Score: 1

      The entire thing boils down to me is the if I bought an iPod that I can very well do what I want with it. If I choose to modify it's function then it is none of Apples's concern. End of story. I am getting really tired of companies trying to limit my use of their product.

    5. Re:The Envelope, Please by squiggleslash · · Score: 4, Insightful
      The iPod is Apple's product and they can do with it as they see fit
      Not once it leaves the store and arrives at my house it isn't.

      This isn't about what Apple or Real can do with iPods, it's what we end users can do with our own iPods. You know, the ones we bought.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:The Envelope, Please by CrackedButter · · Score: 2, Funny

      A slashdotter *not* buying an iPod is an oxymoron. :)

    7. Re:The Envelope, Please by DAldredge · · Score: 1

      What type of computer system do you use?

    8. Re:The Envelope, Please by ackthpt · · Score: 1
      No, it can't. There's a billion other portable digital players on the market with a whole pile of services to legally download from.

      Sources, please. The iPod is hot and sales of iTunes have already hit 100 million downloads. This growth in a relatively small timespan, along with partnerships with Motorola for cell phones, HP for their own portables along with other manufactures for car stereos, etc. suggest Apple is the major player, even if you can buy lots of cheap MP3 players. The success of this venture certainly has competitors scrambling, including Sony.

      --

      A feeling of having made the same mistake before: Deja Foobar
    9. Re:The Envelope, Please by proj_2501 · · Score: 1

      Being a major player is NOT the same as being a monopoly. They claim to sell 70% of all downloaded music, but even the possibly overestimated-by-Apple market share numbers for the iPod itself are only 40-50%. (and that's only counting certain markets)

    10. Re:The Envelope, Please by dabraun · · Score: 1

      You have to remember the trick used to claim that Microsoft was a monopoly - define the market as narrowly as possible.

      Microsoft has a monopoly on operating systems ... ... for personal computers ... that aren't used as servers ... as long as you don't count PDAs, Consumer electronics, game consoles ... and only include computers with x86 processors

      Apple now has a monopoly MP3 players ... ... that have hard drives ... and firewire ports ... and can play FairPlay AAC files ... ... and have a white case with a screen and a touch wheel maybe with some buttons above or on the wheel depending on which version you get

      How dare Real try to upset their Monopoly! :)

    11. Re:The Envelope, Please by ackthpt · · Score: 1
      eing a major player is NOT the same as being a monopoly. They claim to sell 70% of all downloaded music, but even the possibly overestimated-by-Apple market share numbers for the iPod itself are only 40-50%. (and that's only counting certain markets)

      Sure, but like nature, business and entertainment abhore a vacuum. Windows, the heir to MS/PC-DOS, was widely adopted in the absense of other viable choices. The same game is playing out with music downloads and their players, iTunes may find itself the standard, as everyone will want to be able to share with everyone else (and I don't mean a bunch of tech-geeks, but ordinary people.)

      --

      A feeling of having made the same mistake before: Deja Foobar
    12. Re:The Envelope, Please by Anonymous Coward · · Score: 1, Interesting

      Not once it leaves the store and arrives at my house it isn't.

      You didn't buy the FairPlay software, you licensed it. But you're right you're free to install Linux on your iPod if you don't want to use Apple's software, but that doesn't give Real the right to violate Apple's property.

      Would it be okay for Microsoft to "reverse engineer" Real rm format and cut them out of any licensing revenue from websites who use it? That's what Real's threating to do with FairPlay. (I know that doesn't interest the communists here. But for people who earn a living from IP, it matters.)

      Real has a business model that isn't popular with consumers so Glasser is trying to undercut Apple -- who convinced record labels to support legal downloading. If Glasser had any balls he'd "reverse engineer" Windows Media and undercut Microsoft's licensing deals. But he's not that stupid.

    13. Re:The Envelope, Please by Anonymous Coward · · Score: 0
      Of course, it could be argued that Apple is approaching a monopoly status with the iPod and should open it up.
      Apple has 39% of the US market share and under 25% of the worldwide market share. They don't even have the majority. In what way exactly can it "be argued that Apple is approaching a monopoly" again?
  6. So apple is evil now? by Anonymous Coward · · Score: 2, Funny

    I thought they were the good guys?

    1. Re:So apple is evil now? by thirteenVA · · Score: 1

      If evil is protecting your products from companies who wish to reverse engineer them for their own personal gain, then yes i guess apple is guilty as charged.

    2. Re:So apple is evil now? by ack154 · · Score: 1

      No... Real Networks are the evil ones.

      But I suppose it depends on how you look at it. Apple could be the evil one if you're somone who really wants Fairplay to be licensed.

      But I think Real is the evil on here because they went behind Apple to do this after being previously denied an "alliance."

    3. Re:So apple is evil now? by Lord+Kano · · Score: 1

      I thought they were the good guys?

      Exactly. They WERE the good guys.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    4. Re:So apple is evil now? by dfghjk · · Score: 1

      As in the enemy of my enemy is my friend? They never were the good guys. They've always been closed, proprietary, predatory and litigious. Nothing has changed.

    5. Re:So apple is evil now? by Lord+Kano · · Score: 1

      As in the enemy of my enemy is my friend?

      No. As in The Woz used to be one of the top dogs.

      They've always been closed, proprietary, predatory and litigious.

      They were not closed in the days of the Apple ][. The manuals used to have the contents of the ROM listed in them. You can't get much more open than that.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  7. Apple has never been the good guy by Anonymous Coward · · Score: 0, Insightful

    Apple and Innovation only hold hands when they're the only one at the dance.

    If anyone else tries to join their love-fest, the lawyers deploy in ultra-attack formation.

  8. this stealing, not hacking by squarefish · · Score: 3, Insightful

    just two weeks ago at the 2600 hope conference in NY, Steve Wozniak was using the proper form of the word hacker and highly suggested that people should hack often and use it as a tool for learning.
    what real did was to try and bypass something to profit off of it because apple wouldn't let them in on a market that apple is basically controlling right now. real is trying to steal something they don't have any rights to. this is not hacking!

    --
    Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
    1. Re:this stealing, not hacking by strictnein · · Score: 1, Insightful

      Exactly...
      We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod.
      So, are they saying that what Real was doing was trying to learn how the iPod insides work in a search for knowledge?

      Good job, Apple. Way to push the Hacker term even deeper into people's minds as a person who does bad things. You'd think a fairly savy computer company would know to use the word cracker, not hacker. Here's the headline that thousands and thousands of CNN readers will see:
      NEW YORK (CNN/Money) - Apple Computer accused RealNetworks Thursday of adopting the tactics of a hacker and breaking into the technology behind its popular music player iPod device.

      Hacker = good

      Cracker = bad

      Bad apple! Stupid twats. It's not that tough to understand. Now go back to making pretty shiny things.

    2. Re:this stealing, not hacking by Halo1 · · Score: 5, Insightful

      What stealing?? You can only steal something that is someone else's property. What did Real steal, even if you include intellectual property as things that can be stolen? Did they infringe a patent? Did they infringe copyright? They they abused a trademark from Apple?

      No, they simply reverse engineered FairPlay to create a product that can interoperate with the iPod. Is that also stealing nowadays? It's like saying that those companies making clone cartridges for inkjets are stealing from the printer manufacturers... Nobody has a right to a particular amount of profit, and depriving someone of profit by offering an alternative is *not* stealing, it's called competition in a free market.

      --
      Donate free food here
    3. Re:this stealing, not hacking by CAIMLAS · · Score: 4, Insightful

      This is no more stealing than copying an MP3 is. Show me what was taken in quantifiable terms, and I'll believe you.

      No, this is the reverse engineering of a product - for profit. It was legal until recently, as such things are - now get this - conductive for business competition. However, what with the DMCA, such things are made illigal to protect big-business interests.

      How quickly the collective mind forgets. Not long ago there'd be not one person on slashdot which would support Apple's tactics, and now mostly everyone is falling in, "Real is evil!" What nonsense. Sure, it's criminal what they did, thanks to the DMCA, but it's no different than making an after-market part for a vehicle (steering wheel, seat, stereo, etc.) without getting explicit permission from the vehicle manufacturer - which, last I checked, is fully legal.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    4. Re:this stealing, not hacking by 1000101 · · Score: 1


      It seems that the only people who use hacker = good are actual hackers. Since the public at large has never heard of a "cracker" (not the crunchy biscuit or the ghetto term for caucasians) perhaps good hackers should start calling themselves crackers, and bad hackers can stick with the word hackers. That way, when the general public hears "cracker" they won't be familiar and you can teach them that it means good hacker. Yeah, that might confuse everyone... Why not just call good hackers "backers" and bad hackers "crackers" or "whackers" or "snackers" since they obviously like crackers (the crunchy biscuits).

    5. Re:this stealing, not hacking by GTRacer · · Score: 3, Insightful
      Damn, I need mod points...

      I wish everyone else saw it your way. I'm tired of content creators acting like they should own the stream from their end to my brain. And they keep convincing legislators that it should be so.

      I'm not saying everything should be open-season. But things like format- and time-shifting legitimately-purchased media should be no one's business but mine.

      GTRacer
      - Where do the candidates stand on IP issues?

      --
      Defending IP by destroying access to it? That makes sense, RIAA/MPAA. Go to the corner until you can play nice!
    6. Re:this stealing, not hacking by stratjakt · · Score: 3, Interesting

      The DMCA expicitly allows reverse-engineering for interoperability. That's exactly what Real did, they reversed engineered so it would be interoperable with their service.

      I don't think Apple could win this fight. There's plenty case law to support Real, and the DMCA doesn't seem to trump it.

      For instance, GameGear vs Nintendo back in the day. They reverse engineered the NES, came up with a cheat device. Nintendo fought tooth and nail, and lost. To this day, there are gamesharks for every console, none of which officially licensed by the console maker. All of which were reverse engineered, and perfectly legal.

      Nintendo tried something similar against that little company that was putting out unlicensed NES titles, after they reverse engineered the NES' copy protection. Nintendo lost.

      I hope Apple brings the fight on, and Real wins this, they are in the right. Which companies software you like better is really irrelevant in this case.

      I really don't look forward to being locked in to a provider for media based on the device I buy, do you? Do you want a Sony Walkman that only plays Sony songs?

      Maybe the RIAA and MPAA will get what they want, and Apple will drive the final nail into Fair Use's coffin.

      Just remember, when it happens, to take Steve Jobs' dick out of your mouthes long enough to thank him for your shiney new mandated Palladium chip.

      Bunch of fanboy asshats. Remeber, a year ago SCO was your "great friend of Open Source" too.

      --
      I don't need no instructions to know how to rock!!!!
    7. Re:this stealing, not hacking by Anonymous Coward · · Score: 0

      they are exactly the same

      whores to the content owners (not the creators)

      since the DCMA that was signed by a democratic president, it has been used a LOT in the last 4 years also.

      "Republicans suck, democrats blow"

    8. Re:this stealing, not hacking by molarmass192 · · Score: 1

      They violated the assenine DMCA. If I broke Real encryption and posted a piece of software to strip their "tunes" of encryption, you can bet they'd have a hissy fit over it. Apple's no better, they've used the DMCA as a club too.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    9. Re:this stealing, not hacking by Halo1 · · Score: 1

      It's indeed possible Real violated the idiotic DMCA by creating their product. Even that doesn't make them thieves, however.

      --
      Donate free food here
    10. Re:this stealing, not hacking by Anonymous Coward · · Score: 0

      Wow. Talk about a perfect example of a fanboy missing the entire point.

      Real did not necessarily break the itunes encryption, they devised a way to interoperate with the ipod's encryption support routines.

      Real did not post a tool to strip itunes music of encryption, they announced a tool that encrypts other music so that it can be placed on an ipod in an encrypted form.

      Unless Apple can show that Real has bypassed an access control AND provided access to decrypted content, they are very likely to lose any legal claim filed under the DMCA. Courts are rapidly waking up to the fact that merely passwording or obscuring a means to access the operating interface of a piece of consumer hardware does not fit within the already overly broad confines of the DMCA (hint: google for Chamberlain and Skylink).

    11. Re:this stealing, not hacking by Anonymous Coward · · Score: 0

      Competition?
      Let's think about this for a moment...
      What is Real's motivation here? Could it be that they know they can't win enough of a market share from the iPod with the current quality of their product, so to capitalize on a tenuous situation they reverse engineer FairPlay to tap into a market developed by Apple (i.e. iPod owners).

      There is nothing admirable about this type of competitiveness, and it has nothing to do with the kind of technological progress we all long for. Real didn't enhance the core quality of any of their products. You may be anti-DRM and all for fair-use, but lets call a spade a spade, people. If everyone "competed" in this way, the quality of everything we use would degrade into worthlessness.

    12. Re:this stealing, not hacking by Anonymous Coward · · Score: 0

      It's not stealing, it's parasitic.

      Apple creates a music business that consumers like, essentially from nothing. Real wants to horn in on the action. Apple says no. So Real goes ahead and tries to stick itself in there anyway.

      Apple must be thinking, "If we don't do anything, what about when Microsoft tries this? Do we just roll over? We have to fight it."

    13. Re:this stealing, not hacking by jht · · Score: 1

      It's not like Real is locked out from the iPod anyway. They could easily make their songs iPod-compatible. No problem at all.

      All they'd have to do is sell them as unprotected MP3 or AAC files. No more interoperability concern.

      What Real is trying to do instead is co-opt Apple's "unique" DRM system so they can have their cake and eat it, too. Like it or not, Apple is perfectly entitled to have an issue with that, and we'll see if some judge agrees or not eventually.

      As for me, I routinely strip the DRM from all the songs I buy from iTMS (I've been using the new Java-based Hymn derivative that lets you nuke atoms). But then I stick to the intent of the DRM requirements by not sharing what I buy with others.

      --
      -- Josh Turiel
      "2. Do not eat iPod Shuffle."
    14. Re:this stealing, not hacking by jcenters · · Score: 1

      Back in the day (Late nineties), I ran a little organization called the Hacker Anti Defamation League. The basic idea was to start a grass roots campaign to convince the media to use the term appropriately.

      It was somewhat successful. I had ESR and RMS on board, and we were mentioned in Scientific American.

      Unfortunately, I wasn't really prepared to deal with such a project (I was only about 14 or 15 when I started), and my life basically fell apart, killing the project.

      If anyone out there would like to start it up again, please be my guest.

      --

      vi ~/.emacs

    15. Re:this stealing, not hacking by Halo1 · · Score: 1
      What is Real's motivation here?
      Making money, i.e. the same as Apple's.
      Could it be that they know they can't win enough of a market share from the iPod with the current quality of their product, so to capitalize on a tenuous situation they reverse engineer FairPlay to tap into a market developed by Apple (i.e. iPod owners).
      When did Real make a competitor for the iPod?
      There is nothing admirable about this type of competitiveness, and it has nothing to do with the kind of technological progress we all long for.
      Competitiveness has several potential positive effects. One is more progress, another is more choice, yet another one is lower prices.
      Real didn't enhance the core quality of any of their products.
      Sure they did, they made sure that songs bought in their store can be played on the most popular portable music player out there. That's a quality that may get them more customers.
      You may be anti-DRM and all for fair-use, but lets call a spade a spade, people. If everyone "competed" in this way, the quality of everything we use would degrade into worthlessness.
      That's plain BS. After a while, things which were once exclusive pretty much always become a commodity. The first mover had a market advantage for a while and then loses it. The result is that prices get driven down and consumers get more choice, and something new will have to be created to get that enviable first mover advantage again (unless your product is so much better than the competition's this is not even necessary, which some would certainly argue in case of Apple vs Real).

      I don't think artificially prolonged scarcity (as in this case, by using technological means to exclude competitors) is ever good for the market/society as a whole.

      --
      Donate free food here
    16. Re:this stealing, not hacking by Halo1 · · Score: 1
      All they'd have to do is sell them as unprotected MP3 or AAC files. No more interoperability concern.
      Yeah, no concerns at all anymore since won't have any music left they'll be allowed to sell from the big five.
      What Real is trying to do instead is co-opt Apple's "unique" DRM system so they can have their cake and eat it, too.
      But what is inherently wrong with that? You can't own a DRM or encryption system or principle (unless indirectly through software patents). Are the OpenOffice guys then also doing something wrong by reading and writing the .doc format? Are the Linux/PPC guys doing something wrong by porting Linux to the Mac (thus possibly depriving Apple of some future Mac OS sales)?
      Like it or not, Apple is perfectly entitled to have an issue with that, and we'll see if some judge agrees or not eventually.
      Of course Apple has an issue with that, since it threatens to take away revenue from them. But apart from indirect things like the DMCA, I can't see why what Real did is illegal or even morally wrong.
      --
      Donate free food here
    17. Re:this stealing, not hacking by Perl-Pusher · · Score: 1

      Is adding a larger hard drive to your computer stealing? How about I take the diesel engine out of my Dodge Ram and put it in my gasoline powered Chevy Chevy? (and the engines polution controls) Is that stealing, let's say I make an adapter engine mount to allow this, is that stealing? In fact it is common practice to reprogram a cars computer for increased horsepower. Are race car drivers thieves? Violating the DCMA is not necessarily stealing. The law was written by politicians on the take, who were so willing to get that money that they flushed any common sense down the toilet along with their morality. The DCMA has yet to be determined if all the possible situations would pass muster when stacked up against other laws and the US Constitution. Violating the DCMA on a technicality that was not what the original intentions of it's sponsors is not stealing. The DCMA was meant to stop cable theft and by-passing DRM. Not to prevent adding capabilities and value to the consumer.

    18. Re:this stealing, not hacking by jx100 · · Score: 1

      I believe the cases you were talking about were Galoob v. Nintendo and Tengen v. Nintendo

    19. Re:this stealing, not hacking by Qzukk · · Score: 1

      It would be at least halfway reasonable with respect to the constitutionally defined purpose of intellectual property if it WERE the content creators. But its not, its the publishers, the business organizations that are doing this, NOT the content creators. Do you think that Billy Wong and the Sixpacks cares whether or not the ipod plays .rm files? No, its just Apple the publisher. Read the DMCA, not a single word in there protects the author of a work, nor is there even language for permitting the author of a work to access his own work! The entire law is all about protecting the publishers' encryption schemes, copyrights be damned.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    20. Re:this stealing, not hacking by Lord+Kano · · Score: 1

      real is trying to steal something they don't have any rights to. this is not hacking!

      WHAT? How is it stealing to create a competing product? Was GM "stealing" when they created the Camaro? Ford's Mustang was THE affordable sports car until GM stole the idea and took a competing product to market.

      This is a righteous hack by Real. Apple didn't want to let Real play in their sandbox, Real took some measurements and built their own.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    21. Re:this stealing, not hacking by stratjakt · · Score: 1

      Galoob, yeah that's the name I was looking for. Tengen was one I forgot.

      I was actually thinking about some obscure left-wing religious company. They released stuff like "Bible Adventures" and "Noah's Ark".

      Tengen wasn't based in the US, so really isn't relevant as far as any precedents it set. Galoob and this other case went through the US courts.

      --
      I don't need no instructions to know how to rock!!!!
    22. Re:this stealing, not hacking by joshmccormack · · Score: 1

      I tend to agree. Also, it just seems poor form for Apple, which is benefiting so much from open source and the good will of their loyal customers who are willing to think different, to be so opposed to customers getting more value from what they've purchased.

      From what I've heard the devices are a loss leader that are supposed to push sales of music. That may be, but you're naive if you expect people to line up and do as they're told. And if you claim you're the company for people who don't line up, you're being disingenuous to do so.

    23. Re:this stealing, not hacking by creideiki · · Score: 1

      Exactly. I've been saying for years that no one has the "right" to profit.

      If Apple seriously considers this theft then they should stop producing iChat since it steals banner ad revenue from AOL and uses AOL's servers (which actively, not passively costs them money).

    24. Re:this stealing, not hacking by Anonymous Coward · · Score: 0

      Apple is actually the only licensed third party client for AOL's IM network. AOL allows them to use their protocol and network while Apple officially endorses AOL's IM network over Microsoft and Yahoo's. They made a deal, agreed upon it, and have a nice working relationship. Real rudely demanded a deal, were ignored, and now are threatening to use their own methods to have their songs running on the iPod.

    25. Re:this stealing, not hacking by andrewdski · · Score: 1
      They are stealing FairPlay. That is, FairPlay is the intellectual property they are stealing.

      At least, that is Apple's position. As a moral issue, I am not 100% with them, but FairPlay is not open source, and Apple would seem to like it that way.

    26. Re:this stealing, not hacking by ageitgey · · Score: 1
      From what I've heard the devices are a loss leader that are supposed to push sales of music. That may be, but you're naive if you expect people to line up and do as they're told. And if you claim you're the company for people who don't line up, you're being disingenuous to do so.

      You have it backwards. The iTunes Music Store is a loss-leader (ok, break even) for the highly-profitable iPods. They make almost nothing from the music store. It all goes to infrastructure costs and (the majority) RIAA payments.

      iPods are high-margin items for both Apple and retailers. Retail stores want to mark down iPods to drive sales, but to do so will cause Apple to stop supplying that store with more iPods to sell.

      --
      Uninnovate - Only the finest in engineering.
    27. Re:this stealing, not hacking by Ohreally_factor · · Score: 1

      Yeah, this is actually my biggest objection with the Apple press release. Legal saber rattling, even mentioning the DMCA, eh, it's to be expected. But to slam hackers like this, given the company's roots, i.e., Woz and others is really really bad.

      I think all the rest of this "controversy" is just your typical slashdot sound and fury, signifying nothing. I'm going to wait and see what Apple actually does before I get my hackles up.

      --
      It's not offtopic, dumbass. It's orthogonal.
    28. Re:this stealing, not hacking by Ohreally_factor · · Score: 1

      The last two quarters, Apple made a small profit on iTMS. Who's to say that someday this small profit won't eventually become a large one?

      --
      It's not offtopic, dumbass. It's orthogonal.
    29. Re:this stealing, not hacking by Halo1 · · Score: 1
      They are stealing FairPlay. That is, FairPlay is the intellectual property they are stealing.
      No, they are not stealing FairPlay. FairPlay consists of two things: the underlying principle and the way it's expressed in source/object code. The latter is owned by Apple. The former isn't, unless they have one or other software patent I don't know about. They may also own the trademark FairPlay, but Real's using the name Harmony...
      --
      Donate free food here
  9. I wonder what Woz thinks? by Anonymous Coward · · Score: 0

    I wonder what Woz thinks of Apple's PR use of the term "hacker"?

  10. Bear this in mind. by Sheetrock · · Score: 3, Insightful
    They want you to think different. They even make you an operating system that seems ideal for hackers.

    The point Apple is trying to make is that they admire and appreciate innovation, so long as it is their own. But don't try to do anything too crazy with their hardware or software.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Bear this in mind. by Anonymous Coward · · Score: 2, Interesting

      You can do whatever you want with their hardware. Just don't take their patents and fuck with them.

      AAC is an openspecification. If Real wanted their products on the iPod, they could have just made them DRM-less. I'm sure they have a master license for MP3 as well. If they want high quality, they could have put their products in WAV or AIFF. No one charges fees for media in those formats.

      You can do whatever crazy thing you want with their software as long as its not to subvert it to break their patents. If Apple had included a DRM Encoding package with iTunes, it would be a nonissue. One of my software packages I wrote years ago for content analysis used a spell checker from a major office software company -- they tried to come down on us for this, but we simply accessed their DLL that had all these functions in it -- and told the folks buying our software, if they needed the good spell checker (as opposed to our free one built around public domain sources), they needed to install the other software on the system.

      Once the other company found out about it, they backed down -- they got paid and I was using the library as it was intended.

      Now, if I would have written an app to go into their app, pull out a chunk of code and data, and had it included in my app (even if I required them to purchase a copy of the aformentioned software), I would have been guilty of some crime (probably several these days).

      Thats what Real has done...they aren't doing anything 'crazy' with the hardware or software, they are illegally obtaining information that should not be obtained and doing it in a manner that should not have been done, and thumbing their noses. Thats not crazy, thats criminal.

      Even if you hate copyrights and patents and other intellectual properties -- you should know to follow the laws of the land you are in.

    2. Re:Bear this in mind. by VidEdit · · Score: 1, Insightful

      I really can't blame Real. Apple's claims are like saying putting files on a hard drive is hacking the hard drive. BTW, a vote for a 3d party candidate is a vote for Bush. You'll get real change, a total police state.

      --
    3. Re:Bear this in mind. by Dare+nMc · · Score: 1

      well, you made sense right up to this point:

      > they
      (real) are illegally obtaining information

      no,Real seams to be encrypting information that they have (presumidly) been given the copy right holders permission to encrypt, and passing it along to their customers, just so happens their customers in this case must first be Apples customers. So apple doesn't like that.

      > If Apple had included a DRM Encoding package with iTunes, it would be a nonissue.
      I think apple has included a DRM Encoding package with their software

      from appple.com/ipod website:
      You can import music in a variety of formats (such as MP3 or AAC) and at whatever quality level you'd prefer. You can even choose the new Apple Lossless encoder

      I don't have a ipod to know if those new files are encoded, but I would almost gurantee they are (why would you need a encoder to go from AAC to AAC?)

    4. Re:Bear this in mind. by ArsonSmith · · Score: 0, Offtopic

      I don't think so, I would normaly vote republican. Bush is horrid, Kerry is worse, proped up only by his republican wife. Third party is the only vote I can stand to put in this election.

      I'm voteing libertarian
      Michael Badnarik

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    5. Re:Bear this in mind. by Anonymous Coward · · Score: 0

      unless you checked off bush, you didnt vote for bush.

      you are under the assumption that if someone doesnt vote for bush, they will vote for kerry.

      some of us kerry. its a shock i know.

      i am voting for a 3rd party, because kerry is a loser, plain and simple. I am voting for someone i beleive in and i am not gonna puss out because someone i dont like might get elected.

      vote for who you believe in, not for someone just because you dont like the other guy.

      two things scare me, 4 years of bush, and 4 years of kerry. (or should i say, JFK 2)

      btw, you shouldnt even be allowed to vote if you think bush, by himself turned the US into a police state (which you are an idiot for thinking it is anyways)

    6. Re:Bear this in mind. by Anonymous Coward · · Score: 1
      Vote for real change -- vote third-party in November.

      I voted for a third party in 2000, and got real change for the worse.

    7. Re:Bear this in mind. by The+One+and+Only · · Score: 1

      I think apple has included a DRM Encoding package with their software

      No. They didn't.

      from appple.com/ipod website: You can import music in a variety of formats (such as MP3 or AAC) and at whatever quality level you'd prefer. You can even choose the new Apple Lossless encoder

      I don't have a ipod to know if those new files are encoded, but I would almost gurantee they are (why would you need a encoder to go from AAC to AAC?)


      The iPod doesn't encode them, iTunes does. And iTunes encodes them from the original CD. It doesn't allow you to trans-encode AAC.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    8. Re:Bear this in mind. by stienman · · Score: 2, Insightful

      The point Apple is trying to make is that they admire and appreciate innovation, so long as it is their own

      Let me modify that a bit:
      The point Apple is trying to make is that they admire and appreciate innovation, so long as no one else profits off their innovation

      See, there are all sorts of single person or small group projects to modify Apple hardware to do all sorts of useful things. At worst, Apple doesn't care - at best they give these groups a little nod. Either way Apple profits because it's the Geeks and Hackers who buy hardware first, and keeping this group happy and sated means more money for Apple in a variety of ways.

      However, when a company does the same thing then Apple responds - usually precisely and quickly. Real is trying to eat Apple's lunch (iTunes) to their way of thinking. And if successful, whether through lower pricing, higher quality, larger selection, etc then Apple loses out big time.

      Apple doesn't want to be an IBM making hardware, a Microsoft making software, or a Google selling a service. Apple wants to be the complete market to their customers along the continuum. They want to be the ultimate service industry - $1000 a year subscriptions to the "Apple Experience".

      Load another OS on their computer as a hobbyist and they smile and look the other way (carefully to catch if you turn into something they can't control). Start a company which replaces the hardware underneath their OS and suddenly you've got the proverbial 800lb gorilla at your back door.

      Don't make the mistake of thinking that these corporations are "good" or "bad" or "indifferent". They are corporations, and Apple can be as bad or good as google or microsoft, IBM or Oracle, etc. They have slightly different methods and plans, but they all want to maximize their pie and will do what it takes to get the biggest share of essentially the same market.

      -Adam

    9. Re:Bear this in mind. by clifyt · · Score: 1

      "no,Real seams to be encrypting information that they have (presumidly) been given the copy right holders permission to encrypt, and passing it along to their customers, just so happens their customers in this case must first be Apples customers."

      You missed my point -- Real took information that didn't belong to them -- both the reverse engineering of the Fairplay patent as well as the keys used to enable the Fairplay software to work for a specific device.

      But as for DRM encoding, Apple does not provide this to the end user. Any encoding of audio on the users part is done DRM-less with the end user being able to share these files with the rest of the world if he felt the need to do so.

      The only DRM encoding for the iPod or iTunes happens on Apples server.

      Make sense?

    10. Re:Bear this in mind. by DavidTC · · Score: 1
      What a brave new world we live in, where you reverse engineer a patent. You know, a patent, one of those things you can get a copy of from the patent office for a nominal fee.

      Sigh. If Real was violating a patent, Apple wouldn't have threatened to bring in the DMCA. They'd just say 'Hey, you're violating our patent.' and Real would back down. Considering they haven't done so, I think we can all assume there is no patent involved here.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    11. Re:Bear this in mind. by Anonymous Coward · · Score: 0

      a care little about what apple wants, and competitors dont either.

      they can try to do what they want, but when they start using bad laws to flex their muscles. they are wrong.

      to hell with the "apple experience"
      they dont have the right to exclude others.

    12. Re:Bear this in mind. by clifyt · · Score: 1

      You know what I meant :-)

      A patent can be as vague or not so vague as one wishes. You can articulate the means to how it might work, but utilize other means to implement it -- still encapsulating the essence of the patent, but not making it completely open at the same time.

      The patent protects you from companies somewhat on the up and up. Trade secrets protect you from areas where folks aren't entirely on the up and up...for instance, a major softdrink use to use clove for its flavor (before the advent of artificial fucking everything) -- but the patent for its formula never mentions it as a major ingredient. The difference between what the two protect.

      So, if you had a neighbor that we fucking your wife, and you were determined to get even with him -- how would you do it? Use the biggest gun in your (legal) arsonal. Even if its not the most moral way to do it -- its still legal. Thats the DMCA in this case. It means you don't even have to answer questions about your patents and get into the sticky situations where someone might challenge you on them and hold you up in court for years to come. Nope, you use the law that is clear cut and gets answered relatively quickly...if that doesn't work, then you go for the riskier proceedures...the ones the might actually backfire on you if you take a misstep.

      Sigh. If you weren't trying to prove others wrong, maybe you'd have noted this as well.

    13. Re:Bear this in mind. by DavidTC · · Score: 1
      And, of course, you can't patent recipes.

      And, no, I don't know what you mean. You appear to believe in some sort of vague 'IP' cloud surrounding the iPod. I think, and the law agrees, that position is completely absurd, but it doesn't stop companies from acting like it exists.

      If Apple has patents on how music gets into their device (The only patents Real could violate), they have patents. As these have not been mentioned, I seriuosly doubt they do. If they do not have patents, they are basically screwed. If Real is using their software that already resides on the user's computer, instead of implimenting the patent themselves, they are basically screwed, too.

      Yes, even with the DMCA. Real isn't circumventing their DRM, Real is using their DRM.

      Frankly, people at this site are seriously starting to piss me off. Why the hell are people defending a company that's threatening to use the DMCA to keep alternates off their hardware platform? What is the difference between this and running Linux on an XBox? (And the first person to say 'Real is a company, they don't have the rights to do this, whereas XBox owners do', will get shot. Real isn't running around altering people's iPods, it's giving out the ability for them to do so.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    14. Re:Bear this in mind. by clifyt · · Score: 1

      No, I don't think there is any fucking vague IP cloud around the iPod. I think there is a very clear patent around FairPlay -- and certain implementations of it can only be reversed illegally by someone other than Apple.

      The point is, Apple isn't preventing anyone from playing their music on the machine -- legally. They provide at least 4 ways to do so legally and to upload the files into the machine. The old version of MusicMatch could upload files into the iPod (I don't know about the new version as I don't have it).

      What is being prevented isn't uploading -- its preventing folks from using Fairplay -- something you don't need to get music into the machine -- illegally.

      Is it that hard to understand?

      Its like if Microsoft said Hey Kids, Load All The Linux You Want On The XBox, But Don't Hand Out Illegal Versions Of Windows That Can Run On The Box. Linux can still run legally, the pirated version can't.

      Fuck, why am I even trying an analogy on you. You are obviously a dumbfuck that is clueless and can't get the fact that something isn't a pure 1:1 analogy and thus can't figure it out.

    15. Re:Bear this in mind. by DavidTC · · Score: 1
      So, you're still under the impression that Real somehow illegally reverse engineered some patent we don't know about, despite the fact you can get a copy of any patent from the patent office. That's the point of patents, you have to reveal how they work.

      And you can't 'illegally' reverse engineer a piece of hardware, or, come to think of it, a piece of software. Although you can possible violate the EULA...but iPods don't have an EULA, duh. It's a piece of a hardware. (And if they are putting EULAs on hardware and trying to enforce them, that's just as evil as trying to use the DMCA to stomp competition.)

      I suspect any patents on Fairplay (We still don't know if there are any or not.) are on the hardware implimentation, and not on the software, but that can be decided in a court of law, and I don't really care, unless it's an overbroad software patent.

      However, that's not what Apple said they were looking into suing them for. (And thus I suspect either Real's not violating a patent, or Apple's lawyers are not on the ball.) They said they were looking into suing under the DMCA. Which for any other company would automatically make them evil. They're basically threatening to do the same as printer manufacturers suing under the DMCA about toner. For exactly the same reason...they don't want the competition.

      It's not to protect any copyrighted works...in fact, Real's plan actually safeguards copyrighted works. Real could have easily sold a crack to get around FairPlay (Yes, yes, you can get them for free, I know.), but instead they used their legally obtained knowledge to make it where their songs, also, could not be copied from iPod to iPod, indefinately.

      Not to mention how Apple is being against a time-honored tradition of hackers...misusing hardware to make it do what we what, not what the manufacturer wants. The most appalling thing is that this is coming from Apple of all places. Apple, who in recent years got back to their roots as hackers-who-make-pretty-things.

      No, wait, the most appalling thing is people who think Apple can do no wrong. If this were literally any other company, it would be 'Cool hack' and 'Damnit, I don't want DRM on more music' and 'Why this does or does not violate the DMCA'. We get all that, but we also get one out of every four posts talking about how Apple is in the right, and it sickens me. I suspect, because I also think highly of Apple, that Apple will, in the end, not do anything, and this is just a boneheaded move by the PR people. However, people praising it is beyond absurd. Yes, Real sucks, and Apple is cool. And cool companies can do evil things to sucky companies, and we should call them on it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    16. Re:Bear this in mind. by clifyt · · Score: 1

      Fairplay *IS* a software patent. Look it fucking up. You can do that. You know how.

      Hardware can have software on it. Are you following?

      Patents can lead to ideas that have to be reverse engineered.

      PGP is an application that has patents around it. You can patent a delivery mechanism that utilizes PGP. Thats a little broad, but you can patent using it in some not so broad way. Knowing this doesn't give you any clue on how to break the engineering.

      Are you getting this yet?

      You find out that to transfer items utilizing this means means that another app has to look at the public key on an item to encrypt it, and that public key is technically hidden out of the way where its not plain text -- to get it, you'd have to REVERSE ENGINEER IT.

      Do you see how a fucking patent can also be safeguarded by nonobvious means?

      As for the DCMA -- its an evil law. I don't consider a company using it against anyone to be evil though. If Microsoft used it, I'd hope the DCMA were overturned, but its a valid use of an existing law. The fact is, most of the DCMA is mirrored in other laws in ways that make much more sense. That isn't so clear cut. The fact is, the DCMA can be used effectively, but its used in a much more wrong way more often than not.

      When it is eventually overturned, most of the precidents will still be illegal because it was an illegal act even before this law -- it will just take a little more proof than some large corporations word.

    17. Re:Bear this in mind. by VidEdit · · Score: 1

      Vote for whomever you want. My only point is that the libertairian won't win but voting for your candiate will help Bush win. Since you think Bush is better than Kerry, your Libertarian vote is reasonable for you.

      --
  11. Time for the Apple Hackers to speak up! by Anonymous Coward · · Score: 0

    "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker "

  12. The real question is... by WindBourne · · Score: 4, Interesting

    who owns the hardware? Apple or the User. No doubt that DMCA will come into play and soon. This should be interesting to see how it plays out.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:The real question is... by foidulus · · Score: 1

      Well, both actually. The user owns the hardware, the circuitry etc, but as per the license agreement, Apple owns the firmware.

    2. Re:The real question is... by Anonymous Coward · · Score: 0

      No no no no NO! Stop it with the straw men! We will soon see who owns the hardware, Apple or Real, not Apple or the consumer. You, as the consumer, are free to hack your iPod to whatever degree you wish (putting things in. You can't take things out without a license, software-wise), even to add in Harmony support. Real, however, cannot do this.

    3. Re:The real question is... by Rude+Turnip · · Score: 1

      Wrong...user owns it all. Apple owns the copyright, which means Apple is the only one that can distribute the firmware. Copyright does not imply ownership; it means a right to distribute.

  13. Oh boy! by jandrese · · Score: 3, Funny

    Now I can spend $300 on a music player AND get to use Real's spyware laden buggy hard-to-use interface! How can I loose?

    --

    I read the internet for the articles.
    1. Re:Oh boy! by Anonymous Coward · · Score: 0

      -1 Grammar Nazi. Try showing some tolerance for a typo or two.

    2. Re:Oh boy! by Anonymous Coward · · Score: 0

      It's not just a typo or two though - it's becoming endemic amongst Americans. Come back in 50 years, and we'll all be speaking like hillbillies...

    3. Re:Oh boy! by Anonymous Coward · · Score: 0

      But would that really be a loss?

    4. Re:Oh boy! by Anonymous Coward · · Score: 0

      The word is LOSE. *L*-*O*-*S*-*E*. Not two "o"s, one. You wrote lOOse, as in "not tight".

    5. Re:Oh boy! by Anonymous Coward · · Score: 0

      Your mom is LOOSE, your girlfriend is LOOSE, when you don't win, you LOSE! FAWKING IDIOTS!

    6. Re:Oh boy! by dabraun · · Score: 1

      Come now, the fact that no one in their right mind would ever willingly use Real's software is not the issue here ... though it does limit the damage to Apple :)

    7. Re:Oh boy! by Anonymous Coward · · Score: 0

      Or maybe we should just alter the English language so lose's definition is a subset of loose's.

  14. Don't fault Apple? by Anonymous Coward · · Score: 5, Insightful

    If they CHOOSE to use the DMCA, then that's a choice they've made and one we can fault them for. There are laws that say my neighbors can't make loud noise at 5am. I have a choice whether I can go talk to them and get them to be quiet, or whether I can just call the police.

    1. Re:Don't fault Apple? by op00to · · Score: 1

      Right on. This sort of mindset (that of tolerance) has dissapeared from the American psyche. As opposed to crying to the government or suing, what ever happened to a bit of good old fashioned talking? And I'm not talking about threatening lawyer letters...

  15. Tell me again. by DAldredge · · Score: 2, Insightful

    Tell me again how Apple is different than Microsoft? All that bs about apple being 'different', 'free' thinking, and 'open' is just a PR campaign and nothing more.

    1. Re:Tell me again. by Gerad · · Score: 2, Informative

      For the thousandth time, APPLE IS NOT A CONVICTED MONOPOLY. The rules change significantly when you're a monopoly with near 100% market share.

      --
      Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    2. Re:Tell me again. by geek · · Score: 1

      The difference is you aren't locked in to Apple. You can safely ignore the company entirely and use alternatives. I don't know anyone that isn't locked into using an MS product of one kind or another right now.

    3. Re:Tell me again. by Anonymous Coward · · Score: 0

      Unless of course you want to play RealMedia files on your purchased iPod.

    4. Re:Tell me again. by thirteenVA · · Score: 2, Interesting

      Actually, your comparison of Apple to MS is wrong. You should compare REAL to MS in this case. Real: "License FairPlay to us, we want to offer our files to ipod users." Apple: "Not interested, sorry" Real: "Ok, then we'll just force our way into the ipod" Hmmm, who in this scenario is just like Microsoft? Here's a tip: Order of operations dictates that you THINK, then post...

    5. Re:Tell me again. by Saeed+al-Sahaf · · Score: 1
      Exactly. Remember, DMCA is *bad* here at /., unless it's used against an enemy, in which case it's *good*!

      This is part of Real's attempt to fught death that will come about from having a crappy product. I can't understand why anyone still uses Real at all, I think it's a lot like Internet Exploader, people use the Real Adware / Spyware because it comes by deafult with the MS desktop.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    6. Re:Tell me again. by kannibal_klown · · Score: 2, Insightful

      Real Networks tried to form a partnership or alliance to allow Real Media (.rm) files on the iPod, and perhaps do something with iTunes.

      Apple rejected the idea. Personally, I'm glad, as I hate Real Media files. But, I digress.

      So, Real Networks takes it into their owns hands, and provides a hack to allow .rm on the iPod. This violates a whole lot of things, besides just common cortesy: DMCA, copyright, a few others.

      You can't make an analogy to this, and say, aftermarket car parts. Because a car isn't protected by copyrights or DMCA, and is built specifically to be modular for maintenance reasons. A company is allowed to make an alternator for a 1991 Oldsmobile Delta 88. However, you're not allowed (by law) to tamper with people's tech.

      What Real Networks did was wrong, and I don't blame Apple for being ticked off.

      They more or less said:

      "You don't want us in your club, well screw you! We're going to go to your clubhouse anyway. Neenar Neenar Neeeeenar."

      Hate the law all you want, I do. But, regardless, Real Networks is a bunch of jerks.

    7. Re:Tell me again. by mlk · · Score: 1

      90% of the market place.

      --
      Wow, I should not post when knackered.
    8. Re:Tell me again. by Anonymous Coward · · Score: 0

      "Real: "License FairPlay to us, we want to offer our files to ipod users." Apple: "Not interested, sorry" Real: "Ok, then we'll just force our way into the ipod""

      I fail to see problem here. It's YOUR player, if you want to play realmedia files on Ipod and there is a method, then there is nothing wrong with it.

      Imagine the following: MS makes impossible to play MP3 files on Longhorn, then the Nullsoft or some other company finds out a method that allows playing MP3 files on Longhorn. Are you saying that MS is a good guy in this scenario??

    9. Re:Tell me again. by DAldredge · · Score: 2, Insightful

      There is a very good chance that they system you are using would not exist if the DMCA had been in effect when Compaq reverse enginered the IBM PC BIOS.

      Or are you saying that all x86 based system developers are jerks because they didn't license the IBM PC BIOS from IBM?

    10. Re:Tell me again. by G3ek · · Score: 1

      Let's see, how is Apple different than Microsoft? Let me count the ways. Open source (and giving back to the community I might add), actual innovation (real artists ship), Products people actually want to use (and competitors want to crack...) and finally, they think different (Steve Jobs himself wrote this, not a PR team).

      So, draw what conclusions you like, I won't force an opinion, but take a look before you spout off more FUD. It's better to be silent and thought a fool, than to open your mouth and remove all doubt.

    11. Re:Tell me again. by andreyw · · Score: 1

      Ooh lets see - so I am reading your ridiculous post on slashdot using Konqueror, on top of KDE 3.2, on top of X.Org, on top of GNU/Linux on top of Linux kernel 2.6.5.


      Ugh which MS product am I locked-into, again?

    12. Re:Tell me again. by mcdade · · Score: 1

      You think apple is really about thinking different??

      Haha! go to an apple conference and see how different everyone is. Everyone pulls out the exact same laptops, using all the same software, which they buy into the exact same mindset.

      It's almost spook how hive like apple people can be.

      -b

    13. Re:Tell me again. by dekeji · · Score: 2, Insightful

      The difference is you aren't locked in to Apple.

      Yes, but that's not for lack of trying. If Apple actually managed to get the kind of marketshare that Microsoft has, Apple would be far worse than Microsoft.

      At one point, Apple tried to claim ownership of all GUIs, which was particularly ironic because they themselves didn't invent the technology.

    14. Re:Tell me again. by kannibal_klown · · Score: 1

      Difference.

      You're reference would be like the following:

      -----

      If Real Networks reverse-engineered an iPod (though that would be pointless), and made their own product that played .mp4, .aac, AND .rm files, AND could interface with iTunes, then power to them.

      But that's not what they did.

      -----

      They said "Can you make the iPod run .rm files? Pretty please with sugar on top?"

      Apple kindly replied "No. Stop asking us."

      So Real Networks said, "Ok, go to hell. One way or another you're iPod WILL run .rm files."

      Then Real Networks hacked the iPod to run it.

      "A HA!" yelled Real Networks. "Now, we can claim that .rm files can run on iPods, one of the most popular handheld devices ever! More people will want to use our proprietary format and people will license our tech for music stores. Our stock will go through the roof!"

      Apple, realizing they'd been raped, claimed "What a bunch of a$$holes! Expect to hear from our attornies!"

      -----

      This wasn't some bored group of open source nuts that wanted to make their personal iPods run .ogg or something. Real Networks bypassed Apple's wishes and violated the DMCA for THEIR OWN PROFIT. .rm files on iPods would make Real Networks more mainstream, and get more people to adopt the format, particularly for use in online music sales.

    15. Re:Tell me again. by dekeji · · Score: 1

      So, Real Networks takes it into their owns hands, and provides a hack to allow .rm on the iPod. This violates a whole lot of things, besides just common cortesy: DMCA, copyright, a few others.

      Well, golly gee. If it weren't for companies doing just that and violating "common courtesy", you'd be typing at an IBM mainframe terminal right now. Apple is on the side of old stogy corporation--the only problem they have is--they aren't the monopoly or power.

    16. Re:Tell me again. by geek · · Score: 1

      Every company tries to lock in, that's what companies do. Your "what if's" are utterly devoid of fact and ignore reality entirely. "What if" doesn't mean shit.

    17. Re:Tell me again. by stratjakt · · Score: 1

      10 bucks says you're using their TrueType fonts!

      --
      I don't need no instructions to know how to rock!!!!
    18. Re:Tell me again. by dekeji · · Score: 1

      You are quite right: Real is like Microsoft, but in a good way. Today, Microsoft may be an annoying monopoly that produces flaky software, but it was Microsoft that killed IBM's monopoly and opened up PC hardware. Without Microsoft's actions, we wouldn't be running Linux today. Apple, in contrast, has always been happy to sell overpriced, proprietary machines.

      I don't think that iPod matters enough for Real's actions to amount to much, but if iPod was important, then Real's actions would be quite positive.

    19. Re:Tell me again. by dekeji · · Score: 1

      actual innovation

      Where's the innovation? With Tiger, you are getting NeXTStep running on Mach and BSD, with some updated graphics and toolkit tweaks.

      think different: They're not fond of rules. And they have no respect for the status quo.

      Quite ironic, given that Apple prizes the uniformity of its user experience so much, a user experience that is determined by "usability experts" based on focus group testing to see what causes the least amount of confusing to the most average people.

    20. Re:Tell me again. by amliebsch · · Score: 1
      it comes by deafult with the MS desktop.

      What? You might want to double-check that particular assumption.

      --
      If you don't know where you are going, you will wind up somewhere else.
    21. Re:Tell me again. by andreyw · · Score: 1

      Nope :-) How are going to pay?

    22. Re:Tell me again. by amliebsch · · Score: 1
      10 bucks says you're using their TrueType fonts!

      You mean Apple's TrueType?

      --
      If you don't know where you are going, you will wind up somewhere else.
    23. Re:Tell me again. by DAldredge · · Score: 1

      It's damn near the exact same thing that Compaq did to IBM in regards to the IBM PC BIOS. Perhaps you should research some before you speak of things you know nothing about.

    24. Re:Tell me again. by Saeed+al-Sahaf · · Score: 1

      Every time I do a clean install of WinXP, there it is in the sys tray...

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    25. Re:Tell me again. by malfunct · · Score: 1
      Real comes with windows?

      None of the versions I've installed have real on them. There are a few (many?) stupid OEM's that distribute computers with real on them but I soon re-install the OS sans real because I can't stand it.

      --

      "You can now flame me, I am full of love,"

    26. Re:Tell me again. by amliebsch · · Score: 1

      Either you are using some weird OEM version of Windows, or you are confusing WMP with RealPlayer.

      --
      If you don't know where you are going, you will wind up somewhere else.
    27. Re:Tell me again. by dekeji · · Score: 1

      Your "what if's" are utterly devoid of fact and ignore reality entirely. "What if" doesn't mean shit.

      This wasn't a "what if". Apple's corporate behavior was a blatant and reprehensible attack on the ability of other people to write software and innovate. The only reason Apple's actions didn't have more serious consequences because Apple didn't even own the intellectual property and because the company eventually just became irrelevant. See here for some background info.

      Every company tries to lock in, that's what companies do.

      So, you are saying Apple really is just like any other company. But they actually are not: their behavior was far worse. Apple's 1989 lawsuit was a kind of legal attack on the ability of people to write software that has been unmatched to this day.

    28. Re:Tell me again. by glesga_kiss · · Score: 1
      APPLE IS NOT A CONVICTED MONOPOLY. The rules change significantly when you're a monopoly with near 100% market share.

      If they hold back Real, there's a good chance they will develop near this level of market share. Like Hoovers to vacuums, TIVOs to PVRs, the iPod is likely to be the next Walkman.

      And if all your customers are buying music direct from you (iTunes), you are laughing. Ask a random person to name an alternative to the iPod. You'd be pushed to find anyone.

    29. Re:Tell me again. by geek · · Score: 1

      Hey genius, this isn't about 1989, if you haven't noticed it's 2004. Get the fuck over it already. Don't bother replying to me again, you just made the foes list.

    30. Re:Tell me again. by dschuetz · · Score: 1

      So, Real Networks takes it into their owns hands, and provides a hack to allow .rm on the iPod. This violates a whole lot of things, besides just common cortesy: DMCA, copyright, a few others.

      How exactly is that a violation of DMCA? Or Copyright? Or some "few others"?

      Someone buys an iPod. They want to put music on it. They're free to put .mp3 and .aac from iTunes on it, right? And also any .mp3s from other sources, right? So why is it suddenly illegal for an iPod owner to put .rm files on the iPod? Just because it required a hack to make it happen?

      Or are iPods now unmoddable, just like Playstations seem to be?

    31. Re:Tell me again. by j-turkey · · Score: 1
      They said "Can you make the iPod run .rm files? Pretty please with sugar on top?"

      Apple kindly replied "No. Stop asking us."

      So Real Networks said, "Ok, go to hell. One way or another you're iPod WILL run .rm files."

      Then Real Networks hacked the iPod to run it.

      "A HA!" yelled Real Networks. "Now, we can claim that .rm files can run on iPods, one of the most popular handheld devices ever! More people will want to use our proprietary format and people will license our tech for music stores. Our stock will go through the roof!"

      Apple, realizing they'd been raped, claimed "What a bunch of a$$holes! Expect to hear from our attornies!"

      Nope -- wrong.

      First of all, from what I understand, the DMCA does have a clause that permits reverse-engineering to extend functionality.

      Now secondly, even if I'm wrong about the reverse-engineering clause, I still think you're just wrong. Apple is not getting raped here. Real didn't break into their CVS repisitory and put their hack into it. They're not forcing Apple to provide functionality. They're not reverse engineering in order to bypass their DRM. All they're doing is allowing for a stand-alone piece of code that allows for the extension of Apple's iPod functionality. Apple won't even offer it for download. Real will offer the extension for free. By your logic, if anyone figures out how to make money off of the Linux for iPod, that'd be illegal too...and it isn't.

      That being said, how exactly is this raping Apple? Because someone else found a way to profit from their technology? I don't buy it. It wouldn't be OK if any other company did this...why is it OK for Apple?

      --

      -Turkey

    32. Re:Tell me again. by jschottm · · Score: 1

      So, have you ever heard of this thing called Samba? I believe OS X ships with it...

      The fact is, OS X is only useful to the majority of users because of open, free standards. TCP/IP, POP, IMAP, FTP, HTTP, etc. Apple wants to keep its hold on the technology - not because it's anything all that advanced that needs to be protected - but to try to control the consumer.

      Do you want Microsoft to start going after the Samba team?

    33. Re:Tell me again. by Anonymous Coward · · Score: 0

      Hey genius, this isn't about 1989, if you haven't noticed it's 2004. Get the fuck over it already.

      Well, it's pretty clear Apple hasn't changed: they are still getting their technology elsewhere, they still make the same bogus claims about the supposed superiority of their rather pathetic software, and the same idiot user community with the same inflated ego and misconceptions.

      Don't bother replying to me again, you just made the foes list.

      Oh, boy, that really hurts me: I've got another Apple freak added to my list. Guys: keep it coming. People like you and Apple--you make one consistent package. But don't forget: you are all individuals.

    34. Re:Tell me again. by Saeed+al-Sahaf · · Score: 1

      Nope, got this disk fro M$ themselves for doing a "usability study". Came in a shrink wrapped box out of a locked room at Red West.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    35. Re:Tell me again. by Ohreally_factor · · Score: 1
      So, you're saying that Hoover has a monopoly on vacuums, and TIVO has a monopoly on PVRs? I guess then that means Coca Cola has a monopoly on softdrinks, Singer has a monopoly sewing machines, Levi-Strauss has a monopoly on pants, Jello has a monopoly on gelatin based desserts, Planters has a monopoly on peanuts. . . .am I getting through here?

      Being the established major player or having brand name recognition does not a monopoly make.

      Besides which:

      It's far too early to tell if Apple will ever reach monopoly status. It's too soon to tell if they can maintain their "major player" status.

      If it ever does control 95% of the MP3 player market, the RIAA companies will still control the rights to the content.

      Monopolies themselves are not illegal. The case against MS was that they abused their monopoly power on the OS side to destroy competition in the browser segment.

      --
      It's not offtopic, dumbass. It's orthogonal.
    36. Re:Tell me again. by TiggsPanther · · Score: 1
      Hate the law all you want, I do. But, regardless, Real Networks is a bunch of jerks.

      I agree with you on this one. Apple may be heavy-handed, but Real are acting like spoiled brats.
      And come on, this is nothing to do with "Freedom of Format" on goodwill on Real's part. This is about getting a freeride on someone else's popularity and selling it be claiming "Freedom of Format".

      From a BBC article:
      Rob Glaser, RealNetworks' chief executive, said it had developed it so that consumers could buy music once and play it anywhere.

      Pure spin.
      If you really want people do "buy music once and play it anywhere" then you use a format that's either popular or open, one that can be easily format-shifted, and one without DRM.
      You can't make that claim with one hand whilst impementing DRM with the other.

      Even before reading Apple's response, when the news first went up about what Real had done, I had an uneasy feeling. I dunno. It just feels like they've done "the right thing" for all the wrong reasons, and gone the wrong way about it.

      Apple are right to be ticked. Apple probably have to be seen to do something about this. And much as I hate the idea of the DMCA it's one of the available tools in this, and Apple's lawyers would be foolish not to consider all the options - even if some of them strike a bad note with most of us.
      Now I'm hoping that they squash Real on different very-non-DMCA lines. I'd rather they didn't have to resort to such "dirty tactics" - even against Real.

      I say that if Real really want to make music purchased from them playable on anything, either use a more open format, or allow iTunes-like burning to CD.

      --
      Tiggs
      "120 chars should be enough for everyone..."
    37. Re:Tell me again. by glesga_kiss · · Score: 1
      So, you're saying that Hoover has a monopoly on vacuums [snip]

      No, I never said that. I was talking about brand recognition and market share.

      It's too soon to tell if they can maintain their "major player" status.

      It would take a momumental cock-up to ruin it. Not unheard of, but Apple aren't daft.

      If it ever does control 95% of the MP3 player market, the RIAA companies will still control the rights to the content.

      So? If they own the predominate distribution channel, the RIAA would be Apple's bitch. All they would have to do is heavilly promote the non-RIAA affliated acts and labels on the home page of their site and the RIAA would start to panic.

      Monopolies themselves are not illegal.

      I never said they were. Nor did I say anything to the effect of being for/against them. All I simply said is that Apple stand a good chance of being the brand behind the future of music.

    38. Re:Tell me again. by Ohreally_factor · · Score: 1

      Maybe I misunderstood you, but the implication seemed to be that Hoover had a monopoly sized marketshare. But I'm not always the brightest and you clarified your point, so. . .

      My point is that a year from now, there might be a product out that blows Apple's offerings away. Or perhaps a cell phone with an iPod mini sized HD will be given away by the cellular providers. It's hard to predict at this point of the race, although we can grant that Apple's horse is comfortably in the lead.

      Second, I'd really be suprised if the RIAA let that come to pass. They still control the rights, and they can easily which online service gets which artists to a large degree. The only real threat to the record companies is if a large number of big acts dealt directly with Apple for distribution. Say U2 and twenty other bands of similar stature went over the heads of the RIAA and made a deal directly with Apple. If this where to happen, though, while it would certainly increase the power of Apple to an amazing degree, it would also increase the power of the artists. I think that only something like this will truly be the death knell for the RIAA.

      Lastly, forgive me for putting words into your mouth. Given the context, i.e., the post you were responding to, I understood you to be saying something else. Thanks for clarifying.

      --
      It's not offtopic, dumbass. It's orthogonal.
  16. Financial Buffering by mfh · · Score: 3, Funny

    > Not cool.
    Not cool by any stretch of the imagination.

    "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod."

    I was stunned too! 0%... 5%... BUFFERING 6%... etc.

    Apple is going to get some financial buffering from RealNetworks, after this is done.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Financial Buffering by Anonymous Coward · · Score: 0

      to be fair, at least Real plays after finishing buffering. I recently tried Windows Media Player, it buffered, and buffered, and finished buffering but didn't let me see anything.

  17. 'tactics and ethics' by CAIMLAS · · Score: 1

    Tactics and ethics of a hacker? My god, Orwell was right. "We are and always have been at war with East Asia."

    How is this anything but the extension of Apple's product to make it more valuable? I guess I don't see how, or why, Apple would have a beef about this, particularly since Real media isn't the best quality.

    Is it simply that because the laws now exist, they have to make the complaint, or they'll lose legitity? That's the most logical answer I can think of.

    So much for Apple being a company which embraces the hacker mindset, eh geeks? (I'll mention that I, too, am a linux geek, so don't flame me.) This is really quite unfortunate.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:'tactics and ethics' by dasmegabyte · · Score: 4, Insightful

      How is this anything but the extension of Apple's product to make it more valuable?

      Hey, I'm sure Apple would be thrilled...if they had an open plugin format and Real's patch didn't involve breaking their code to do this. But Apple's locked down the iPod a lot, to prevent their liability lest some hopeful soul make the ultimate copyright infringement tool and install it on an iPod. They've also locked it down to ensure that their consumer device doesn't have shoddy software.

      Apple's now faced with having to support people who've installed this patch and fucked their iPod. They're faced with angry calls when their next update breaks the patch. And they're faced with the possibility that Real might fuck with the device's functionality in other ways -- like, say, reporting usage statistics?

      Apple has been calm about hacking when it was not invasive. They don't mind people parsing their formats and indeed build their databases from XML files, so anybody can use them. This is the reason they're so protective of their binaries...the only reason to patch them is to do something they can't support, and they certainly don't want to fight a bunch of warranty battles so RealNetwork can look like it's still important.

      --
      Hey freaks: now you're ju
    2. Re:'tactics and ethics' by Anonymous Coward · · Score: 0

      "Legitity"? President Bush, just go ahead and post under your real name. It's much better "strategery".

    3. Re:'tactics and ethics' by Anonymous Coward · · Score: 0

      > ...particularly since Real media isn't the best quality.

      Actually, Real Network's Music Store downloads are much better quality than iTMS - 192Kbps vs. 128 Kbps. It might not make much of a difference to people who only listen to the downloaded tracks from their computer or iPod, but for those who (smartly) backup their music to standard audio CD's, the difference between upconverting an iTMS track vs. a Real track is significant.

    4. Re:'tactics and ethics' by Artifakt · · Score: 1

      Apple's main concern appears to be that any mistakes made by Real (buggy software causing frequent I-Pod crashes, or customers who own older Realmedia format files and some upgrade somewhere breaks compatability) will cost Apple money. In one respect they are simply right - If Real gets its way, there will be customers calling Apple tech support to deal with problems Real has introduced, and Apple tech support will have to play the "It's a 3rd party software issue" card.
      Apple would therefore definitely spend money addressing Real's consumer related issues. Also, Apple currently has a better than average rating for tech support, and the added load, and risk that tech support would use that "Blame a third party" card when it wasn't true have at least a fair chance of reducing Apple's rating, which also eventually translates to a financial hit.
      The phrase they used is quite unfortunate at best. However, if they had said "cracker", haf the people reading it would have wondered what Georgia had to do with it, and if they had used a correct term for their analogy, such as "Computer Criminal", they would have been linguistically more correct but legally very foolish.

      --
      Who is John Cabal?
    5. Re:'tactics and ethics' by Exatron · · Score: 3, Insightful

      It doesn't matter whether Apple is thrilled or not. Once someone buys an iPod, it's theirs, not Apple's. Apple is not responsible if someone breaks their iPod with unofficial hacks and doesn't have to support them either. Apple doesn't have much liability in the first place (unless the Induce Act passes) because they aren't responsible for their customers' actions.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    6. Re:'tactics and ethics' by CAIMLAS · · Score: 1

      Wouldn't it have been just as easy to say something like, "We view these actions as an afront to our business, and an obvious violation of US law."? Oh, but no - that wouldn't have had the same ring to it, now would it?

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    7. Re:'tactics and ethics' by dasmegabyte · · Score: 1

      An excellent idea, but -- the question here is not whether user X has the ability to modify their device, but whether a third party company has the right to modify that device without warning. This isn't like adding a spoiler to your car...it's like a body shop replacing your engine so you can get new radio stations. That's what the DMCA is for...if you, personally, can hack your device to get it to play RealNetwork files, that's okay. But for somebody else to alter your device to play them -- or for somebody to tell you how to alter it -- is illegal. It's about stopping the flow of knowledge that could abate copyright infringement. Just because information wants to be free doesn't mean we have to let it escape.

      --
      Hey freaks: now you're ju
    8. Re:'tactics and ethics' by J053 · · Score: 3, Insightful
      Using your own analogy, why should it be illegal for a body shop to tell you how to replace or modify your engine in order to make the new, cool radio work?

      Once I purchase a bit of hardware, I own it. I can do anything I want to it, (in the case of iPod) run any damn software I want on it, and the manufacturer has no say in what I do. Apple would be perfectly justified in telling customers that modifying the iPod to play Real content will completely void the warranty, and to refuse to provide any support, but that should be all they can do.

    9. Re:'tactics and ethics' by Jackson+9999 · · Score: 0

      The most intelligent post yet.

    10. Re:'tactics and ethics' by Artifakt · · Score: 1

      That would have sounded more professional, and more accurate as well. However, it's common for companies and wealthy individuals to get the habit of only saying a law has definitely been broken when they are actually announcing either a civil suit or seeking criminal charges.
      That's because there's the chance the other side knows something the aggrieved party doesn't, and will gladly skip over negotiations that could resolve the issue and say "Fine, let's go straight to court". It's seen as much better to call them names that may get them to reveal more of their strategy while keeping actual options open.
      To put it more coloquially, Apple wants to know if Real has been borrowing SCO's crackpipe or not, before they commit to hauling them before a judge.

      --
      Who is John Cabal?
  18. Competition by Angry+Black+Man · · Score: 1

    It's competition Apple, make your hardware hack-proof like everybody else has been doing for years. Or trying rather.

    --
    the byproduct of years of oppression by the white man
  19. *sigh* by hot_Karls_bad_cavern · · Score: 1, Insightful

    Wow, i'm really disheartened by this. i was impressed by Real's moves to give the customer what they wanted (ie all the recent changes...less crap, easier to find free version, etc). So impressed that i was even considering taking (getting?) a position with them in Seattle doing programming. Now, i'm not feeling warm and fuzzy. i'm feeling anxious.

    Real was poised, in my mind, to perhaps become a darling of FOSS if they were to open up somethings, provide some code, help, etc....but, this is just not a good move. i generally feel Apple is a Good (tm) company (for the most part) and they really don't need this from Real. They said no. No means no, it does not mean do it anyway. Technically, there have been arguments that Real is doing nothing wrong, but it feels more.....how you say....just, bad faith, bad form to me.

    Sorry Real, i expected more in light of your recent good moves. *sigh* Crap.

    1. Re:*sigh* by prockcore · · Score: 5, Insightful

      They said no. No means no, it does not mean do it anyway. Technically, there have been arguments that Real is doing nothing wrong, but it feels more.....how you say....just, bad faith, bad form to me.

      Yeah, and boo on Compaq for reverse engineering IBM's bios instead of just licensing it, and boo on everyone who hacked TiVo and wrote books about it.

      Sorry, but unless Apple is going to lease iPods they have no control over what you do to the hardware you bought from them. If I wanted to write software that turned iPod into a toaster I am within my rights to do so.

      I really can't stand the double standard people have regarding Apple versus all other companies.

    2. Re:*sigh* by alernon · · Score: 1

      Sorry, but unless Apple is going to lease iPods they have no control over what you do to the hardware you bought from them. If I wanted to write software that turned iPod into a toaster I am within my rights to do so.

      Something tells me they wouldn't have a problem with this, I mean the iPod isn't supposed to be a book reader but you can get drink recipies and even the constitution for it. Apple doesn't seem to be going after them.

      FWIW, I like Apple and I think what Real did is wrong, but I think your argument isn't really addressing the real issue. I mean, if someone wrote a book on how to hack TiVo so you could use their service without paying for it, instead of adding functionality to the box, they'd probably be angry as well. (or maybe that's what the TiVo books really are about, I dunno I've never seen one)

    3. Re:*sigh* by stratjakt · · Score: 2, Insightful

      Dont forget those career criminals who figured out how to boot linux on an Xbox.

      Bunnie Huang and the rest should definately see some jail time. Filthy criminals.

      And when Microsoft said "no" to Sun and Netscape, they should have just folded up and went home. No means no, right? No, we don't want your JVM, and no, we don't want your browser.

      I love the grandparents depiction of it as though Real had performed some sort of corporate rape. "No means no" indeed.

      Go Real. Apple zealots are indeed annoying.

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:*sigh* by Anonymous Coward · · Score: 0

      > Yeah, and boo on Compaq for reverse engineering IBM's bios instead of just licensing it,

      People keep throwing this around as if it were a good thing. IBM PC-contemptible hardware sucked then, and sucks now.

    5. Re:*sigh* by tmortn · · Score: 2, Insightful

      This is nothing like using TIVO service without paying for it. Lets make an analogy that this is like.

      Apple is like a car company that provides cars that can only fuel up at their gas stations.

      Real built a station that will also fuel your apple built car and apple is pissed.

      In other words in your anology its like someone provided a competing TIVO schedule service that worked with your TIVO box so that you have the CHOICE of which or both to pay for instead of TIVO's service.

      Real has done nothing wrong, just have built another system for accessing and downloading tunes to the Ipod hardware... one which is less open than Itunes it seems since I have heard nothing about it being able to download anything other than songs with Reals format. In which case it sounds more like an added functionality/plugin than anything else.

      In any case the software in both cases is free, its paying for the files that costs money.

      --
      I don't ask you to be me. I only ask you not expect me to be you.
    6. Re:*sigh* by alernon · · Score: 1

      I still think even this analogy is flawed, but I'll admit mine is flawed much worse. After reading a few more articles, I have to agree it doesn't seem like Real is doing anything illegal. They simply want their crappy codec to play on the number one player in the world, and who wouldn't? I think this is a good thing, it'll make apple start thinking about more ways of innovating the iTMS to stay ahead of the competition instead of letting it get stale by relying on the competitive edge of the iPod. I relent. ;)

      Wow a discussion on slashdot that didn't involve name calling and actually ended in agreement. It may be a first.

    7. Re:*sigh* by Microlith · · Score: 1

      Except to continue this analogy:

      Apple is pissed because if RealGas fucks peoples cars up, APPLE has to suffer for it. Apple doesn't know if the RealGas causes problems in the engine, and people would be stupid enough to stick it in their tanks, cause after all they have RealPumps in their furnace at home so they -have- to put it in their car of course, even though their house's cooling system is now acting funny.

      So what happens when Real's changes cause battery usage to skyrocket?

    8. Re:*sigh* by Ohreally_factor · · Score: 1

      Hey fuckface. Just kidding. Had to break the streak. =)

      There are few, if any, perfect analogies. I just notice that the ones you see most on /., usually having to do with comparing automobiles to computers, are severely flawed and break down faster than a Harley Davidson. (Heh heh)

      Anyways, I too see a potential for good to come out of all this despite my negative feelings towards Real. If Real goes forward with licensing this technology, Apple will be forced to further open up licensing of Fairplay, and they will need to license it at prices competitive with the psuedo-Fairplay. While this will be detrimental to the profitability of iTMS, it will actually be a major blow against MS's DRM schemes.

      And, as you say, iTMS will have to compete on it's own merits (which I believe it is already quite well) without the proprietary crutch.

      A lot of people are crying for Apple's blood, when Apple really hasn't done anything yet. I think there's a lot of people with iPod envy (how many of the people shouting "I bought it, I can do anything I want with it" are speaking more than theoretically?) or with a more generalized Apple envy.

      Me? I'm waiting to see what Apple does next. Can they make lemonade out of the lemons Real handed them? Or will Steve's ego and stubborness get the better of him, and Apple loses the war by trying to win the battle? It could go either way.

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:*sigh* by tmortn · · Score: 1

      Yes but this does not matter from a legal stand point. People do stupid things. And stupid people often blame the wrong thing for their problems. This is nothing new. Apple does not have the right to control what you can and can not do with your hardware once you buy it. They also have no control over what other people produce to work with their hardware so long as their copyrighted software is not used without permission. Reverse engineering has a crap load of precedence protecting its practice and in large part creates a more free and competitive market. Reverse engineering for compatibility is also specifically protected by the otherwise heinous DMCA.

      Most manufacturers that deal with this sort of things have lots of fine print that in this case would say something like use of 'real gas' with your IPOD will void your warranty.. or possibly use of "non-apple certified gas" or some such.

      I am not saying I like real player. Just that they have done nothing wrong. They have just made an aftermarket modification for "enhanced" use of ipod hardware. As with car aftermarket modifications YMMV, your mileage may vary. People do not blame ford if the cold air intake they put on their ride sucks up water from going through a puddle and over compresses their cylinders to the failing point.

      However I agree that there is the issue of firmware upgrades that could break real interoperability and could piss off customers and potentially places apple in the position of having to account for reals work in any future firmware upgrades. They could mitigate customer ire at this kind of break if they are intelligent about it and don't do such a thing without informing the customer. IE I would not care about real formatting but I would run a test to see if it works or not.. if it causes a problem then have a check in the updating process which informs the customer that if they proceed with the update it will cause a problem with parts of their music library. Tell them they can choose to conintue running the older firmware or if they want to have the latest and greates IPOD firmware they will have to install this update and loose the real play files until real play can update their software to again work with what apple has done.

      People can be reasonable when you give them clear information and give them an option where they clearly understand they are making a choice. But if apple just updates them and suddenly they can't play all their files then yeah people are going to be pissed and probably at apple becasue they didn't know what was going to happen.

      This will not protect from the true and utter numb nuts out there but for them there is no help.

      I like apples gear but have always dispised their worship of the closed platform. They have created this mess for themselves IMHO.

      --
      I don't ask you to be me. I only ask you not expect me to be you.
  20. Happy shmappy by phaetonic · · Score: 1

    What it will come down to is Apple figuring out if the loss of money is great with the decline in iTune sales versus the increase in iPod sales.

  21. Important Guide to Understanding Article by Anonymous Coward · · Score: 5, Funny

    UNDERSTANDING DIGITAL RIGHTS MANAGEMENT:
    A SLASHDOT FLOWCHART EXCLUSIVE
    Start:
    Did a corporation use Was the encryption--Y-->Did someone reverse
    encryption to prevent-Y->in question engineer the system,
    their customers from pathetically weak? allowing for more
    fairly using purchases? | /--consumer choice?
    N-------N---<------<----N----<--+----<--- <-<No.. . |
    | \ Y
    N<------N----<---Did the corporation Did this new<--+
    | react violently, <--Y-software enable
    | Was the<--Y--slander hackers, fair use?
    | corporation and fire off legal
    | Apple(tm)(R)? threats using DMCA to suppress speech?
    | | |
    | Yes +No-->Oh my God those assholes! It's time we put this source
    |_ | code on a T-shirt! Time to contribute to the author's
    \ / legal defense fund! Time to call our senator and tell
    No big deal! him to repeal the evil, flawed DMCA! Time
    Time to play "Quake!!!" to practice "civil disobedience!". Time
    to write "distributed peer to peer"
    corporate-subversion software! Time to call for a radical reform
    of copyright laws! Time to decry Palladium(tm)(R) design and
    distribution as a grand scheme to put us under the lock and key
    of DRM! Time to raid DVD-Jon's jail cell with Dimitri as lead
    commando! Time to hack Hillary Rosen's web site and deface statues
    of Jack Valenti! Quick buy another 2600 T-Shirt!
    By the way, wouldn't it be great if Devo was 99c a song?
    God I still remember the HACKER MANIFESTO!!!!

    1. Re:Important Guide to Understanding Article by Dr.Dubious+DDQ · · Score: 4, Insightful

      I like it

      However, I think the important factor in this case isn't that "the corporation was Apple" but "the evil hackers" were Real.

      Real has managed to tick off people so much in the past that they just can't let go of it, and anything that punishes them - right or wrong - MUST be good because "Real sucks".

      Kinda like all the people who were cheering about the browser plugin patent suit against Microsoft. Much as I despise Microsoft corporation, I thought that for once they were in the right (even if only by coincidence) there.

      Same here - I dislike Real's past (and present?) habits of hiding the 'free' players on their sites, their nagware, the software's instability...but in this case I think they're in the right - they've apparently "clean-room" reverse-engineered Apple's format to expand interoperability. Their motive may not be pure, but that's irrelevent here.

      Apple's "Hackers are evil" implication kinda sets back my opinion of them as a company who'd learned to play nice with others.

    2. Re:Important Guide to Understanding Article by InfinityWpi · · Score: 1

      YOu got your 'Y' and 'N' reversed on the 'patheticly weak encrpytion' segment. If it's weak, then it's no big deal. If it's strong, then we ask the next question.

    3. Re:Important Guide to Understanding Article by Anonymous Coward · · Score: 0

      They mean hacker as "a person who illegally gains access to and sometimes tampers with information in a computer system", not as "an expert at programming and solving problems with a computer", or in the "MIT hacks" sense. You should know that.

      http://www.m-w.com/cgi-bin/dictionary?va=hacker

    4. Re:Important Guide to Understanding Article by TRACK-YOUR-POSITION · · Score: 1

      DeCSS was no big deal?

  22. The difference is... by Anonymous Coward · · Score: 0

    Apple is smaller. That's it.

  23. Go....Real?!? by Anonymous Coward · · Score: 0

    Is it just me or does everyone else feel dirty for rooting for RealNetworks? I mean, their new Helix Player is actually quite good, and this great test case of reverse-engineering in the digital media world is exactly what we need, but...will the stain ever wash clean?!? ...then again, this is probably just how Kerry voters feel *rimshot*

  24. Eh, what? by ZiZ · · Score: 4, Informative
    Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.

    This is silly. Previously, the iPod would play any MP3 or AAC (or WAV, or Audible - not sure if it handled any other formats) you stuck on there, assuming that if you HAD bought it from the itunes store you had also authorized the ipod. I should know - I have yet to buy more than three songs from iTMS, yet my 30 gig iPod is all but full.

    --
    This flies in the face of science.
    1. Re:Eh, what? by Anonymous Coward · · Score: 1, Informative

      You are misreading it; the keywords are "digitally protected". Reworded, there was no way to put DRM content on an iPod without using iTunes music store before Real did this.

      This is not a huge deal to you, the consumer, but it IS a huge deal to the music industry. They are elbow deep in the process content goes through once it is purchased off their store, and there is no way they would have let Real strip the DRM off their content to put it on an iPod.

    2. Re:Eh, what? by omarques · · Score: 0

      Informative? Yeah, right.
      Just read the sentence following the one you quoted:


      Those legally-downloaded songs are encrypted, but iPod also plays un-encrypted music files that may have been illegally downloaded.

    3. Re:Eh, what? by ggy · · Score: 1

      I should know - I have yet to buy more than three songs from iTMS, yet my 30 gig iPod is all but full. And if you bought some more it might be all but empty.

  25. Apple and DMCA by Anonymous Coward · · Score: 0

    I hate the DMCA. I hope Apple doesn't use the DMCA to enforce their rights.

    "AAC was developed by the MPEG group that includes Dolby, Fraunhofer (FhG), AT&T, Sony, and Nokia", so in order for Real to modify and alter the DRM, wouldn't they have to get license/permission from that group?

  26. Device lock-in should die by gorbachev · · Score: 4, Insightful

    What would the DVD market be like, if every DVD players only worked with the manufacturer's owned (or endorsed) DVD store?

    I applaude Apple for showing RIAA that there is another way to market music.

    I applaude Real for taking the first step to end device lock-in. Device lock-in is bad for consumers. I do think they're going to lose against Apple, but by taking the first step, one can only hope some day iPods will no longer be exclusive to iTunes and vice versa.

    --
    In Soviet Russia, I ruled you
    1. Re:Device lock-in should die by Anonymous Coward · · Score: 1, Insightful

      But the iPod is not a lock-in device. You can use the iPod without ever using iTunes. Both my sister and I use our iPods to play our MP3 files and will never go near iTunes until the price comes down to $0.25 per song.

    2. Re:Device lock-in should die by Oh-es-eX · · Score: 0

      I get your statement but I only want to buy from Apple, don't like the i-combe, move to REAL and buy yourself a compatible player. When you buy an iPod you know what you buy. Should I play X-box games on my PSII? What about these formats? Good luck with your REAL choice, nIK stick with mine!

    3. Re:Device lock-in should die by molo · · Score: 2, Insightful

      Sorry, but no lock-in with the ipod for me. My ipod works under Linux with gtkpod. No problems. No itunes either, but thats not device lock-in, its client lock-in.

      -molo

      --
      Using your sig line to advertise for friends is lame.
    4. Re:Device lock-in should die by jdreed1024 · · Score: 1
      I applaude Real for taking the first step to end device lock-in. Device lock-in is bad for consumers. I do think they're going to lose against Apple, but by taking the first step, one can only hope some day iPods will no longer be exclusive to iTunes and vice versa.

      iPods aren't really exclusive to iTunes. Apple hasn't gotten upset about the 3rd party apps for Linux, for example, to load your own audio files onto the iPod. They did get upset about the ones that pulled metadata from the iTunes Music Store, but you can't fault them - they're paying for the bandwith - why should they have to make it available to non-customers?

      And really, the iTunes Music Store has the least lock-in. You purchase the file, burn it to CD, and then rip it to MP3. Bingo, you have an MP3 that can be played on any MP3 player. It takes a few extra steps, sure, but it's better than WMA where you don't get to burn a real audio CD, and much better than protected CDs themselves.

      And there are plenty of other vendors working with Apple. Real just decided to go the "fuck you" route, and Apple is upset.

      And if the situation were reversed, and Apple went and found a workaround to put their .m4p files on Real's music player (assuming they had one), I'd say that Real has a right to be upset.

      --
      There is no sig, there is only Zuul.
    5. Re:Device lock-in should die by g00z · · Score: 4, Insightful

      Funny, as I understand it, there is no device lock-in that I'm aware of on the iPods.. You can still transfer plain old mp3's right? Anybody can create an mp3 with lame or blade, so what's the beef exactly?

      Oh, it's because you can't transfer Real media files to your iPod.. Here's an idea Real -- if you want Real media files to play or be transfered to an iPod how about releasing a Real media conversion tool?

      Real media itself is the lock-in. Once you have a Real media file, you will ALWAYS need Real player to listen to it. MP3's on the other hand...

      Sorry, this is nothing like a DVD player that only works with the manufacturer's owned store. If anything it's like a DVD player that doesn't play Beta Max tapes. Real media should have died a long time ago.

      --
      "The Wright brothers were the first to fly with a heavier-than-air machine, but boy did they have a lousy plane"
    6. Re:Device lock-in should die by mcspock · · Score: 1

      You make a great point here; it's unfortunate people don't understand exactly what the lock-in is.

      The lock-in applies to the DRM encryption. The music industry will not let music stores move content around without encryption, so nobody besides Apple had an end-to-end solution for getting content from a music store to the iPod, since nobody else had the DRM encryption scheme worked out.

      The shame here is i seriously doubt Real tried to license the DRM scheme, fairplay. In fact i'm relatively certain they didn't, and went straight for reverse engineering work DVD-Jon had already done.

      --
      -- Patience is a virtue, but impatience is an art.
    7. Re:Device lock-in should die by diamondsw · · Score: 1

      Okay, try and make a DVD player without licensing the appropriate technology from the DVD consortium.

      Apple will license FairPlay when and as it makes sense for them - witness Motorola. They have no incentive to work with a direct competitor who has a history of inferior products.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    8. Re:Device lock-in should die by Anonymous Coward · · Score: 0

      RTFA, where have you been these past few months???

      Real did try to license Fairplay from Apple and Apple refused.

    9. Re:Device lock-in should die by srw · · Score: 1


      http://www.wisecroft.com/

      Shhh... don't tell Real.

      ttyl
      srw

    10. Re:Device lock-in should die by Ohreally_factor · · Score: 1

      There actually has been no word that Real tried to just license the technology. The story that was reported was that Real wanted to "partner" with Apple and form an "alliance". Back around 1999 or 2000 was when an alliance should have been formed. You don't wait until you're practically irrellevant to form an alliance, when you have nothing to bring to the table.

      In light of Real's actions since, how much do you want to bet that they asked for this "partnership" while brandishing a big stick? My guess is that all they had to offer was the threat of this software. That would be blackmail.

      Now, this is conjecture, of course. But it fits the facts as well as anything else.

      --
      It's not offtopic, dumbass. It's orthogonal.
  27. Fine then, by herrvinny · · Score: 2, Interesting

    Fine then, can't Apple modify it's software to mess up Real's modifications?

    That way, it'll just become a compatibility war, like when Microsoft, AOL, and Yahoo modify their IM software to prevent third parties from accessing their networks.

    I'm sure Apple will find a way to block Real, by legal or technical means.

    By the way, I have 4 mod points, I really wish I could use them on this topic, but as I'm posting... oh well.

    1. Re:Fine then, by stienman · · Score: 1

      That way, it'll just become a compatibility war

      It is already a war, but the first shots in this type of war are always to seek public support and 'education.' Apple has fired the first shot by calling Real's tactics Unethical, Hacker-like, and possibly Illegal. This in attempt to get the public to believe that they are the 'good guy' and were wronged.

      Whether they are right or not is immaterial - if they can engender public support against Real the battle is half won - Real would simply settle.

      If they can't engender enough support then a court battle would simply make them out to be the bad guys.

      Thus the first shot is always - always - always PR.

      -Adam

    2. Re:Fine then, by Anonymous Coward · · Score: 0
      Fine then, can't Apple modify it's software to mess up Real's modifications?

      I just love your solution -- 'screw the customer.'

  28. Not to worry by Karellen+!-P · · Score: 1

    Real will certainly put the relevant software on a hidden link in a page full of ads.

  29. Startling honesty by EnglishTim · · Score: 5, Insightful

    From the bottom of the article:

    "The reason would not be because Real is a threat (they aren't), but because of the precedent it sets," he added in the e-mail. "Microsoft will be coming out with their own online music shop this fall, and they will be a threat. Better to nip such competition in the bud." (My emphasis)

    God forbid that we might have competition in the marketplace!

    1. Re:Startling honesty by doormat · · Score: 1

      This is America, its not capitalistic anymore, its a fight to get a monopoly - either through lobbying for laws to protect, enhance or create your monopoly. Corporations hate competition and free markets.

      --
      The Doormat

      If you're not outraged, then you're not paying attention.
    2. Re:Startling honesty by cubyrop · · Score: 1

      "Competition" implies the possibility of success. A competition is "won" when one company vanquishes all other competitors. Competition where the victory of one company is artificially suspended in order to prolong competition, is no longer "competition".

      --
      If I could make this sig kill you, I would.
    3. Re:Startling honesty by Anonymous Coward · · Score: 0

      This from the person who thinks ridiculize is not a word.

    4. Re:Startling honesty by the+arbiter · · Score: 1

      Competition is Un-American, and helps the terrorists make baby Jesus cry. Haven't you been reading the news these days?

      --
      Boycott everything - they're all trying to fuck you one way or another
    5. Re:Startling honesty by dwightk · · Score: 1

      well, any of the competitors would, if they had the power

      --
      Like anyone can even know that
    6. Re:Startling honesty by gordgekko · · Score: 1

      > After-tax corporate income is at its highest level since 1929. Here's a test...what bad thing happened in 1929?

      Canada and the United States agreed on a plan to preserve Niagara Falls? The St. Valentines Day massacre? JC Penny becomes a national chain with stores in every state? Richard Byrd flies over the South Pole?

      Well, what's the answer? I want to see which non-correlated event you link to after tax corporate income.

      --
      You want to know who isn't running Firefox 2.x? They spell it "definately" and "rediculous".
  30. Ignorant Media by mirio · · Score: 1

    Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.


    The ignorance of the media never ceases to amaze me.

  31. Hypocrites by Anonymous Coward · · Score: 1, Insightful

    Wow. Watch all the DMCA-hating, DVD-copying dittoheads suddenly come out on the side of a company using the DMCA because a competitor figured out a way to also make use of the hardware.

    It makes me want to support tougher copyright protection laws and purchase the upcoming Microsoft media player. At least the people who support those things are honest.

    1. Re:Hypocrites by Anonymous Coward · · Score: 0

      Never thought I'd agree with someone who can't tell the difference between DMCA hating and DVD copying, but I too am astounded at how much support for Apple I'm seeing here. The only thing Real is guilty of is bad form (failing to reach a licensing deal, then doing it their way anyway). But I can't believe I'm seeing with my own eyes people saying "REAL IS TEH STEALOR OF APPLE'S PROPPITY. REAL IS TEH LOOSER! LUSERS SHUDDINT BE ABLE TO DO WHAT THEY WANT WITH THEY'RE 0WN IPODS!"

      I mean, is there any way to see if these users are from Apple's IP range? Or if something's in their water?

  32. MP3 player it is not by Kujah · · Score: 0, Troll

    Many people seem to be under the impression that the iPod is an mp3 player. That's not entirely true - it plays AAC files (mpeg2) not MP3 files (mpeg1layer3). The MP3 files are converted to AAC files before they hit the iPod, IIRC (I could be wrong about this)

    What's the significance? AAC files have copyright protection built in, something which MP3's lack.

    I read TFA, but I couldn't seem to figure out what exactly Real Networks did - did they hack the iPod firmware to actually play MP3 files, or did they figure out the copy protection Apple uses on it's AAC files. Anyone venture a guess?

    1. Re:MP3 player it is not by sith · · Score: 5, Informative

      iPod plays Mp3s, AACs, AIFFs, and a number of other formats. They're not transcoded before the hit iPod. The iPod disk has a normal filesystem on it and all, so you can look for yourself.

      Also, AAC doesn't inherently have DRM in it. Apple just wraps it in DRM for the songs they sell from their music store. I rip my music to AAC using iTunes and it is totally unencumbered by DRM.

      Heck, AAC wasn't even around (at least, not the way it is now) when the iPod first came out...

    2. Re:MP3 player it is not by MikeXpop · · Score: 4, Informative

      Uh, no.

      The iPod plays mp3s. It has an mp3 decoder chip. In fact, they didn't play AACs until some time after they were announced (two years?).

      Converting mp3 to AAC would be destructive and silly. Where did you hear this?

      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    3. Re:MP3 player it is not by Kufat · · Score: 1

      The only players I know of that transcode to something other than mp3 are sony's ATRAC devices, which remain unpopular. iPods play MP3s and all the other formats listed as being supported unmodified.

    4. Re:MP3 player it is not by spirit_fingers · · Score: 0

      Actually, the AAC spec was set in stone before the first gen iPods hit the market and users were able to RIP CDs to AAC with iTunes from day one.

    5. Re:MP3 player it is not by andreyw · · Score: 0, Flamebait

      Oh yeah... AIFF - now /there/ is one widely used and popular format worth taking up firmware space. Don't forget to add uLaw, RIFF, VOC, IFF and 8-bit raw SND support while you are at it. God knows everyone pines for it.

      How about OGG? How about FLAC?

      Anyways, I always get a kick out of screaming fanboys:
      "Giving the consumer less choice is GOOD, cause its Apple... and errr... they're cool.... they're the underdog...AND THE IPOD IS SOOO SHINY!!! CAN'T GO WRONG WITH SHINY!"

      Even more amusing are the comments along the lines of it being OK to engage in anti-competitive behavior as long as you're not a convicted monopoly. Ahahaha. Ok. Here is another analogy - its ok to murder long you're not a convicted serial murderer ... Oh wait! No its not!!

    6. Re:MP3 player it is not by xenoandroid · · Score: 1

      I use AIFF for songs that I had to convert from a format that won't play on the iPod (such as windows media) to reduce the amount of quality damage done from recompressing into an MP3 or AAC file.

      I wish people like you would stfu with the damn OGG and FLAC, if you want the formats so badly then don't by an iPod dumbass, the codecs apple offers really aren't so god horrible that you can really complain that they don't support OGG and FLAC.

    7. Re:MP3 player it is not by andreyw · · Score: 1

      Oh, so now I am a dumbass because I want to have my music stored in a format that won't die at the whim of some corporate drone?

      Apple now introduced their own proprietary "Apple Lossless" in its iTunes software. Sure they could have used an Open Source format like FLAC, but where is the profit in that?

      Remember folks - companies and corporations are not out to help you. They are out to make money - if they can do it while pleasing you, great, but if they can't, well... they don't care.

      Just because they jumped on the *Nix bandwagon and they are currently "the underdog" in the software world, does not somehow make them superior to others and shield them from all sane criticism.

    8. Re:MP3 player it is not by xenoandroid · · Score: 1

      Oh yeah we all know MP3 and AAC are gonna DIE just because Apple one day decides to pull a cruel prank on everyone and activate that self-destruct program that destroys all AAC, MP3, AIFF, and every Apple supported codec on every internet enabled computer which thereby results in causing your original source CDs to spontaneously combust into flames thereby burning down your house, and of course OGG and FLAC are immune to the program that targets all music files just because they're OGG and FLAC. Talk about the tinfoil hat. Apple may want to make money (as they should, especially when they have employees to pay, bills, and deals to make with other companies), but I really doubt that they and all other companies exist purely to cruelly screw everyone over.

      Why should they introduce FLAC? Maybe they don't want to, maybe they think their codec is better, maybe Lossless is designed with their hardware in mind for optimal playback, or perhaps it's too much trouble for them, who cares, if I developed a jukebox program I have no obligation to take the time to support FLAC or OGG especially when the average consumer doesn't know what the fuck they are.

      Sane criticism my ass, why aren't you bitching about other companies not supporting standard AAC on their portable players?

      Oh I know because you're just another anti-corporation nut who thinks anybody who is trying to compete in the already unfair market place is out to steal your wallet.

      If you're so bitter about not being able to play OGG files on your iPod then sell it and buy a player that does and quick before Jobs approaches you with a gun and forces you to buy more Apple products!

    9. Re:MP3 player it is not by andreyw · · Score: 1

      Well, thanks to having done my homework - didn't buy one, not buying one and likely never will. The 'Apple vs. Real' fiasco was the last straw.

    10. Re:MP3 player it is not by xenoandroid · · Score: 1

      I came to the decision to buy one after doing my homework as I took what was important to me into consideration, contrary to your first post, 'ooh shiny' was at the bottom of the list but interface, practicality, sound, and hard drive player were at the top. I don't regret it even my battery did crap out.

  33. Origin of the Term Hacking... by ackthpt · · Score: 2, Interesting

    Old argument, I'm sure, but I was understanding that the 'Hacking' originated among physicists -- something along the lines of hacking away (with a metaphorical instrument, such as a hatchet or machete) at something until the facts were revealed. My father, who worked at on the Oakridge project, back in the early 40's refered to those who considered themselves 'hackers.'

    --

    A feeling of having made the same mistake before: Deja Foobar
  34. Erm... Misleading article? by Wildfire+Darkstar · · Score: 4, Insightful

    The linked article states "Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store."

    This seems to be patently untrue, as it's hardly a state secret that the iPod can play un-DRMed songs perfectly well. I suppose I can simply be parsing the paragraph wrong, but they seem to refer to this again when they bring up the DMCA, specifically citing the provisions against "illegally copying software" (and not, as would make somewhat more sense, the reverse engineering angle).

    It wouldn't be the first time a major news outlet got the technical details wrong, but this really completely misrepresents the nature of both Real's initial actions and Apple's reaction....

    --
    Sean Daugherty "I have walked in Eternity -- and Eternity weeps."
    1. Re:Erm... Misleading article? by jfmerryman · · Score: 1

      "Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store."

      I believe the article was actually trying to say that the only DRM format that the iPod supported was the proprietary FairPlay scheme used exclusively by the iTunes Music store. I don't think they were asserting that it couldn't play open MP3/AIFF files (we all know that it can).

      I feel dirty not just for rooting for Real (but I must because I believe reverse engineering should be legal, and like the idea of open systems, standards and a competitive marketplace), but also because what Real has done is reverse-engineered FairPlay in order to IMPOSE DRM restrictions and prevent customers of their music store from fairly using the music files they have purchased.

    2. Re:Erm... Misleading article? by Anonymous Coward · · Score: 0

      So... Apple's DRM restrictions on stuff you buy from iTunes is OK. But Real wanting to be able to impose the same restrictions on the same device, is not.

      In other words, according to Apple, it'd be OK for Real to sell songs in an un-DRM'ed freely copyable format. That is, they can compete, so long as they play under a different set of rules.

      Know what? Fuck Apple.

    3. Re:Erm... Misleading article? by mcspock · · Score: 1

      Incorrect. You are assuming Real tried to license fairplay and pursue a legal route of providing DRM'd content on the iPod, when there is no evidence of that at the moment.

      --
      -- Patience is a virtue, but impatience is an art.
    4. Re:Erm... Misleading article? by jfmerryman · · Score: 1

      I wasn't defending Apples use of DRM - I just like the idea of competition even if it involves reverse engineering (think "IBM clones"). If companies are allowed to lock competitors out of their proprietary systems by legal means, that hurts competition, which is bad.
      I don't like DRM in any form - but I must say that at least Apple has offered the least bad flavor of DRM yet (you can burn to CD, which strips off the DRM if you really want to do something they don't allow). For me this means I can (for example) use iTMS tracks as soundtracks to videos I produce in Final Cut Express - something that is fair use (they're my home videos) but that the DRM doesn't allow.

  35. The smartest thing Applce could have done... by gpinzone · · Score: 5, Insightful

    ...was nothing. Ignore it. Who cares? No one is going to buy Real's crappy encoded format music. Apple looks like the bad guy by telling people what to do with hardware they purchased. Replace Real with some guy from Finland and ".rm" with ".ogg" format and see if you still agree.

    1. Re:The smartest thing Applce could have done... by ArsonSmith · · Score: 1

      ...or although it will never happen cause they don't want to spend the money, take this to court, and lose on purpose to get the low weakened. If possible take it as far as they can to get the thing thown out completely.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    2. Re:The smartest thing Applce could have done... by mcspock · · Score: 3, Insightful

      Nope, Apple has a legit concern here. Right now if they want to change the DRM scheme they use to make it more secure, they can do it without much hassle; they own the end-to-end solution. They just update iTunes, IMS, and the iPod firmware, and implement something to convert the older DRM.

      If they have to monitor content Real is creating, they are in a more difficult situation; what if Real fucked up their implementation, and the content they generate works well enough but is not within spec? Now apple has to check their conversion process with multiple versions of real's format, which may or may not be proper M4P.

      Seriously, Real fucked up bigtime by not licensing.

      --
      -- Patience is a virtue, but impatience is an art.
    3. Re:The smartest thing Applce could have done... by Anonymous Coward · · Score: 0

      Apple looks like the bad guy by telling people what to do with hardware they purchased.

      Go read the statement again. Apple hasn't told anyone what to do with hardware they purchased.

    4. Re:The smartest thing Applce could have done... by kevinmf · · Score: 1

      More importantly, they are lining up the dominoes and preparing for when microsoft launches it's own online music service. They don't want microsoft to do what real did and make their DRM songs play on the iPod. They are only using real to set a precedent to try and cover their asses to ms doesn't try the same thing

    5. Re:The smartest thing Applce could have done... by Exatron · · Score: 1
      Then it's Apple's own fault for not granting Real a license and the specs to make its DRM compatible with the iPod in the first place.

      Apple won't get any sympathy from me because it would be Real's responsibilty to maintain compatibilty no matter what.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    6. Re:The smartest thing Applce could have done... by gilroy · · Score: 2, Insightful
      Blockquoth the poster:

      if they have to monitor content Real is creating, they are in a more difficult situation; what if Real fucked up their implementation, and the content they generate works well enough but is not within spec? Now apple has to check their conversion process with multiple versions of real's format, which may or may not be proper M4P.

      Just like if someone improperly rips an MP3 and it's not to spec... Oh, wait. Apple bears no responsibility to make sure the iPod runs corrupt MP3s. And of course they have no responsibility to make sure that iPods can handle Real Harmony, either. A simple disclaimer would absolve them of any issue: This device guaranteed to play songs purchased at iTMS only.

      It might not play well but it would be within their legal norms.
    7. Re:The smartest thing Applce could have done... by gpinzone · · Score: 1

      I have to be worried about Apple's grand scheme to make money by locking me into iTunes? It's the same argument for DVD region encryption. "We'll lose money if we don't block DVDs from other parts of the world." Since when do my rights depend on your business plan?

    8. Re:The smartest thing Applce could have done... by gpinzone · · Score: 1

      If they invoke the DMCA, they're telling me that I can't buy any music from Real.

    9. Re:The smartest thing Applce could have done... by sacrilicious · · Score: 1
      A simple disclaimer would absolve [Apple] of any issue: This device guaranteed to play songs purchased at iTMS only

      ... OR mp3s that are to spec. I agree with your point, but need to clarify that I'd never have purchased an ipod if it only played itunes drm music (all music purchased from itunes is drm'd).

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    10. Re:The smartest thing Applce could have done... by Anonymous Coward · · Score: 0

      Nope. Apple doesn't have a leg to stand on. Apple wants to update the iPud? Have at it! The upgrade might break what Real did? No Problem. Forward all complaints to Real. It is their problem. This causes no problems for Apple. (other than the problem of competition)

      Honestly. I'm as willing as the next guy to call Real a bunch of jerks (for everything _else_ that they have ever done, not this), but the Apple fanboy apologists are scary.

      The next thing I suppose you'll be telling me what I can/can't do with my CueCat.

    11. Re:The smartest thing Applce could have done... by cowscows · · Score: 1

      So why didn't Apple give Real a license? They've been working with Audible, HP, and now Motorola on iTunes/iPod projects, why did Real get so quickly and entirely dismissed? Maybe because Real's history is full of entirely crappy products that would add absolutely nothing positive to the iPod or Apple brand name.

      It'd be Real's responsibility to maintain the compatibilty, sure, but that wouldn't keep the average guy from calling up Apple when a bunch of songs stopped playing on his iPod because Real doesn't have their act together.

      --

      One time I threw a brick at a duck.

    12. Re:The smartest thing Applce could have done... by mcspock · · Score: 1

      Apple bears no responsibility to make sure the iPod runs corrupt MP3s

      MP3 is a different story from M4A. There is a large amount of preexisting content for MP3, with a lot of errors in creation; specific tools that didn't write out frame headers properly, or content that has a corrupt frame every few frames etc. I can assure you that Apple spent significant time making sure these still play, within reason. If something plays in winamp, people expect it to play everywhere, and winamp has set the bar pretty high.

      But you are right about M4A/M4P, and apple has done the "right" thing by saying they cannot guarantee that harmony tracks will continue to work on the iPod. As contrary to "open and free" as it may seem, letting everyone reverse engineer the formats and create their content will just turn M4A/M4P into another MP3 like mess, but with DRM this time. Fun.

      --
      -- Patience is a virtue, but impatience is an art.
  36. Whatever by HBI · · Score: 0, Flamebait

    It doesn't matter what anyone really thinks about this, DMCA isn't going away anytime soon.

    That said, seeing Real Networks get crushed would be very pleasant. They have polluted computer systems for the last 8 or so years with their lameass player. Time for it to die.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:Whatever by argent · · Score: 1

      Real isn't going to get crushed. the worst outcome that's likely to happen is they get blocked from selling one product. The best outcome is that this ends up with a challenge to the DMCA that's got a chance of breaking *it*.

  37. It's 1985 all over again! by Exmet+Paff+Daxx · · Score: 4, Insightful

    Remember Apple? Remember the SE? Remember how if you bought a PC, it wasn't as nice, but because the hardware wasn't kept in a Cathedral but rather in a Bazaar, you could hack it, configure it, trade it, build it yourself? Here's the Apple mentality that kept them from competing successfully with Microsoft all over again: We Are The Shrine Upon High, Interoperate And Die!

    BSD-based or not, Apple still has the same problems with their overprotective, self-infatuated management. They've failed to take ESR's lessons to heart, and this jealous hoarding of a good idea will cause them to lose it... AGAIN.

    --
    If guns kill people, then CmdrTaco's keyboard misspells words.
    1. Re:It's 1985 all over again! by dekeji · · Score: 1

      and this jealous hoarding of a good idea will cause them to lose it...

      I agree with your statements, but I would also ask: what "good idea"? Apple didn't invent on-line music sales or portable players.

    2. Re:It's 1985 all over again! by aftk2 · · Score: 2, Interesting

      Hey, genius.

      The evidence doesn't really support your claims. There are many people hacking the iPod every day. There are entire sites about it.

      The iPod works seemlessly with Microsoft Windows. Apple even ported their jukebox program over to it! Does that really sound like a company whose motto is "Interoperate And Die!" Jesus.

      Why is it that you're lambasting Apple for this particular decision (heavy-handed though it may be), but you haven't raised your voice in protest over their lack of WMA inclusion? Oh, right...they have a vested interest in promoting their own file formats...WHICH IS WHAT THEY'RE DOING RIGHT NOW!

      Look...it's hard to laud Apple for this (though some people are trying). I'd much rather have had them do nothing. But really...who cares? Real was stupid to try it.

      --
      concrete5: a cms made for marketing, but strong enough for geeks.
    3. Re:It's 1985 all over again! by stratjakt · · Score: 0, Flamebait

      They didn't invent the PC, the GUI or the mouse either, yet slashbots here widely give them credit for all of it.

      They invented the laptop too, apparently. With Al Gore on their board of directors, they can now rightfully claim to have invented the internet.

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:It's 1985 all over again! by gerardrj · · Score: 1

      Yup.. and the Wright Brothers invented the airplane and were the first to fly.

      This is not to say what the Wrights did with what they had was not amazing. To be accurate about it though, the Wright brothers were the first with manned, controlled flight of a heavier-than-air craft.

      --
      Article X: The powers not delegated... by the Constitution...are reserved...to the people
    5. Re:It's 1985 all over again! by Anonymous Coward · · Score: 0

      This is not to say what the Wrights did with what they had was not amazing

      Yeah, but you can't say the same for Apple. The only thing that's amazing about the original Macintosh is how poorly engineered it actually was technically. That's a tradition Apple has continued to this day, but they hide it oh-so-well behind gorgeous graphic design.

    6. Re:It's 1985 all over again! by Anonymous Coward · · Score: 0

      Er no, and given Eric didn't present that metaphor till 1997, doubly no.

  38. This means... by Bingo+Foo · · Score: 1

    This means you'll need to use Harmony and then Hymn, I suppose.

    --
    taken! (by Davidleeroth) Thanks Bingo Foo!
  39. Why won't they licence FairPlay? by Anonymous Coward · · Score: 0

    Can anyone explain why Apple won't licence FairPlay? It's no secret that the iTunes store doesn't make much money, the iPod hardware's where it's at. So how could allowing other people's DRM'd tunes play on the iPod hurt them? It looks to me like they're just trying to own the whole digital music game from top to bottom. It wouldn't surprise me if they're shooting themselves in the foot with this. All the other mainstream download services that I've come across use WMA. If Apple licenced FairPlay they'd be in a superb position to define the "standard" digital music format. This way they're risking handing it to MS in the long run because MS are willing to let anyone use their format (for a price).

  40. DRM doesn't stop anyone by theluckyleper · · Score: 1

    Hahah... Real Networks, complaining about Apple's DRM while they are working on their own? Nice job!

    I still don't understand all of this DRM stuff... if someone wants to pirate an AAC file, or a Real Networks Helix file, all they have to do is PLAY it and record the output coming out of their soundcard. Plug a soundcard's OUT to a soundcard's IN and record a non-DRM WAV file. Who do they think they're fooling?

    --
    Visit the Game Programming Wiki!
  41. Happy with Real? by EvilStein · · Score: 1

    Who is EVER happy with ...buffering... Real Networks anyways?

    I don't know of one single person that actually installed Realplayer and enjoys it. Generally, it's "Ugh, how do I get rid of this annoying thing. It makes Bonzi Buddy look useful! AUuugh!"

  42. Apple isn't government by daveschroeder · · Score: 2, Insightful

    I didn't say I liked the DMCA, nor Apple using it.

    But Apple isn't a government, and the DMCA isn't on par with the the types of oppressive acts I assume you are referring to. Let's keep things in perspective...

    1. Re:Apple isn't government by DAldredge · · Score: 1

      It's the same thing. The RESULT may be different, but using the cover of an injust law is the same thing.

    2. Re:Apple isn't government by oliverthered · · Score: 1

      Ok, Apple isn't a government, but then what is?

      If you have an IPod Apple in part controls your life, they also take Apple tax, stop immigration, or migration to other products etc... which is exactly what a government does.

      And why isn't the DMCA on par with the types of oppressive acts you assume the gpp is referring to?

      If I shoot someone there dead, not very nice.

      If I stop someone from translating a book into a different language thousands of people may not live as fuller life s they could.

      Which ones worse? Thousands/Millions of naive people or a few dead ones.

      The world isn't black and white, the powers that be (including your boss) may want you to think it is, but it isn't.

      --
      thank God the internet isn't a human right.
  43. Bad real. by trendescape · · Score: 1

    This really makes me mad that someone would take a product another company made and reverse engineer it to run their product. Thats like reebox taking a nike shoe and just branding it with their own logo.

    I could see if this was for personal use, but real is obviously trying to make money off of a product they didn't even create. Perhaps real should invest in the making of an ipod clone instead, of course it will fail, but then again they always have been failing.
    Message to real: invest more money in your spyware.

    --
    irc.enterthegame.com #linux
  44. Slashdot hypocritical? Duh. by Erwos · · Score: 5, Insightful

    Gotta love the hypocrisy of /.. Apple threatens to invoke the DMCA against Real, and there's applause and cheers. Creative licenses a software patent to id, and there's mass boycotts threatened.

    If Apple actually does invoke the DMCA, I'm not going to buy or use any of their products for the next ten years. Do the right thing, Apple: drop the DMCA threats, license to Real, and put on a good face about the situation.

    -Erwos

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:Slashdot hypocritical? Duh. by thirteenVA · · Score: 2, Insightful

      How sensible...

      Someone reverse engineers a product they don't have license to and apple should drop legal action and offer them said license that was denied in the first place?

    2. Re:Slashdot hypocritical? Duh. by Erwos · · Score: 1

      I don't understand your objection. They didn't infringe on Apple's copyrights or trademarks. Why shouldn't the reverse engineering be legal? Even the hated DMCA makes allowances for reverse-engineering compatibility.

      It's _good business sense_. Apple is only going to come out of this looking like the bad guy who's trying to lock their customers in. Now's the time to compromise.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    3. Re:Slashdot hypocritical? Duh. by Have+Blue · · Score: 1

      Wow, god forbid someone try to examine two different situations on their own merits and reach their own decision instead of just chanting the "DMCA bad! Huge corporations bad!" party line.

    4. Re:Slashdot hypocritical? Duh. by rupert2000 · · Score: 1

      An explanation through extreme analogy:

      The federal government finds mistakes on tax returns from a mafia boss and puts him in jail for a number of years. Later, the same mistakes are found on Mother Theresa's tax returns. Understandably the public would have different opinions of the penalties they should receive.

    5. Re:Slashdot hypocritical? Duh. by dema · · Score: 1

      From the article, which I doubt you read:

      Apple said Thursday it is looking into Real's actions under various laws, including the Digital Copyright Millennium Act (DMCA), which prohibits the manufacture, sale, or distribution of code-breaking devices used to illegally copy software.

      Looking into !== threatening. If they find something in the DMCA that gives them a case, THEN maybe they will decide threaten Real. Don't twist words so you can follow in the hundreds of other posts on this story about "hypocrisy." That's pure FUD.

    6. Re:Slashdot hypocritical? Duh. by asdfghjklqwertyuiop · · Score: 1

      Someone reverse engineers a product they don't have license to


      License to reverse engineer? What the hell is that? You don't need a license to reverse engineer your stuff.

      Sheesh... what on earth made you accept that we should have a license to dissect and learn about our own property?

    7. Re:Slashdot hypocritical? Duh. by JoeBuck · · Score: 1

      Many of us run Linux. The whole system was produced by reverse engineering products we didn't have license to. Reverse engineering is a right, unless that right is explicitly given up (by agreeing to a contract that waives the right).

    8. Re:Slashdot hypocritical? Duh. by gilroy · · Score: 1
      Blockquoth the poster:

      The federal government finds mistakes on tax returns from a mafia boss and puts him in jail for a number of years. Later, the same mistakes are found on Mother Theresa's tax returns. Understandably the public would have different opinions of the penalties they should receive.

      But the essence of law is that they should receive the same penalty for breaking the same law. It's exceptionalism that's ruining civil society in the US, because it's a tiny step from excusing, say, Mother Theresa to absolving the son of the President from all crime.
    9. Re:Slashdot hypocritical? Duh. by sacrilicious · · Score: 1
      Gotta love the hypocrisy of /.. Apple threatens to invoke the DMCA against Real, and there's applause and cheers. Creative licenses a software patent to id, and there's mass boycotts threatened.

      Well *everything's* hypocritical if you go to the trouble of remembering it.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    10. Re:Slashdot hypocritical? Duh. by Erwos · · Score: 1

      "Looking into !== threatening."

      Really? So if I tell you I'm looking into libel laws to see if I can sue you for personal defamation, I'm not threatening to sue you for libel?

      Implied threats are just as much threats as explicit ones. Apple is _implying_ that they would sue under the DMCA if they found such a clause.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    11. Re:Slashdot hypocritical? Duh. by Anonymous Coward · · Score: 0

      don't forgot
      "Napster BAD!! T-Shirts GOOD!!"

    12. Re:Slashdot hypocritical? Duh. by rupert2000 · · Score: 1

      I wouldn't blame the ills of society on differential sententencing. I'd also have to disagree that equal penalty for a legal violation is a legal fundamental, otherwise we wouldn't have a sentencing phase after a conviction. There are a lot of factors that go into determining the scale of a penalty (criminal past, potential danger to society, severity of the crime committed, etc).

      Instead, I think the essence of law is justice and reason. When a legal system places literal interpretation of laws over reason and justice, then it has broken down.

      I would say that giving preferencial treatment to the president's son would be a case of letting personal relationships influence sentencing which would be an action derserving censure of the judge.

      However, I see the error in the above analogy. Here's one that might be a better match: A known Mafia Boss is charged with tax evasion for not paying use tax for his out-of-state retail purchases on amazon.com- A tax that millions don't pay (or even realize they owe). The mafia boss is sentenced to jail time for tax evasion. This would be a case where exceptionalism is more just than uniform penalization. Furthermore, the public option over the charge is likely to be more or less positive.

  45. Can't do it by chadseld · · Score: 2, Insightful

    I'm sorry, but I can't defend Apple here. They should have signed an agreement with Real months ago. At least then they could have made a deal that benefited their goals (like getting Real to use AAC). As a consumer, I like competition. If Real's store is better than Apple's (it's not), then it will drive Apple to improve. Either way Apple sells more iPods. How can we defend apple in this instance and not defend Apple regarding the HYMN-Project??

    1. Re:Can't do it by Anonymous Coward · · Score: 0

      Real asked Apple. They said no. They threatened to go see Microsoft.

      Did they ask Microsoft? Beats me. But now they're trying to force themselves in the same market as Apple? Doesn't seem like they asked MS to me.

      Apple = Quicktime
      Microsoft = Windows Media
      Real Networks = Real Media

      I'll let you guess why those three can't play along...

    2. Re:Can't do it by Anonymous Coward · · Score: 0

      I'm sorry, but I can't defend Apple here. They should have signed an agreement with Real months ago.

      Why?

      Perhaps you can explain what Real had to offer Apple besides a revenue drain? iTMS has a vastly bigger music library to choose from, Apple's codecs beat RealAudio all to hell, etc.

      Maybe if Real had bothered to write a decent player app for the Mac, it might be a different story. Hell, if Real had any product worth having in the first place, it would be a different story.

  46. Real OK? by epexegesis · · Score: 3, Insightful
    I haven't read the DMCA, but the article says:
    Real said Monday its engineers worked out a way for its files to be compatible with iPod solely through analysis of publicly-available information.

    Wouldn't any security measures require that you can't break it using public information. If you can break it using public information then it's not really secure, hence Real aren't breaking any copy protection stuff.

    Anyway, I like the sound of having more control over personal equipment.

    1. Re:Real OK? by Sloppy · · Score: 1
      Wouldn't any security measures require that you can't break it using public information
      No.

      DVDCCA lost its trade secret case. How CSS/DeCSS works, is public information. But that didn't suddenly make it legal to play DVDs.

      The definition of "effectively limits access" is pretty darn loose.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:Real OK? by Anonymous Coward · · Score: 0

      The definition of "effectively limits access" is non-existent due to the ruling of the dis-honorable (having previously worked for the MPAA as an attorney) Judge Kaplan.

  47. There is another iPod OS by herrvinny · · Score: 3, Interesting

    Hmm Sounds like they would like to go after the FOSS community if somoeone released an updated iPod OS.

    Try iPodLinux, at http://sourceforge.net/projects/ipodlinux/

  48. anyone can store files on an ipod that not DRMed by acomj · · Score: 1

    All real would have to do is use un DRMed mp3s or aac.

    Problem solved..

  49. Are you surprised? by brundlefly · · Score: 1, Insightful

    When was the last time Real did anything which *didn't* piss people off?

    I have been following their curve since 1995, when their RealPlayer actually seemed like it would be a huge boon to the Web. They started out on a high note and could have been a long-time darling of the 'net community. Instead, they've chosen the dark side, and they've pretty much sucked ever since.

    Boycott Real.

  50. Real Quote of the Week! by pegr · · Score: 4, Funny

    RealNetworks Chief Strategy Officer Richard Wolpert: "We think consumer choice is going to win out over proprietary formats."

    And this is coming from Real! Gotta love it! ;)

    1. Re:Real Quote of the Week! by Anonymous Coward · · Score: 4, Funny

      You misquoted him. The actual quote was: "We think consumer choice is going to... (buffering)..."

    2. Re:Real Quote of the Week! by Anonymous Coward · · Score: 1, Funny
      Where's Mod points when you need them....THAT'S FUNNY!!!

    3. Re:Real Quote of the Week! by Compenguin · · Score: 1

      Oh because apple doesn't embrace propritary sorenson codecs or fairplay. At least all of reals propriatry formats will run on open systems (Linux, BSD.) I don't see Apple porting the necessary quicktime frame work to play Sorenson encoded or fairplay DRMed files.

    4. Re:Real Quote of the Week! by trentblase · · Score: 1
      Where's Mod points when you need them.... THAT'S OVERRATED!!!

      No offense, but your post, while true, was not funny.

    5. Re:Real Quote of the Week! by Anonymous Coward · · Score: 0

      Where's Mod points when you need them.... THAT'S FUNNY!!!

      This is going to trigger a chain reaction. LOL.

    6. Re:Real Quote of the Week! by Anonymous Coward · · Score: 0

      Where's Mod points when you need them.... THAT'S OVERRATED!!!

      Now you're just being silly.

  51. bah by sulli · · Score: 5, Insightful

    DRM vs. DRM. A pox on both their houses.

    --

    sulli
    RTFJ.
    1. Re:bah by pinopino · · Score: 1

      Shouldn't that be iPox on both their houses?

      *ducks*

      --
      "What the masochist doesn't know can't hurt him."
  52. Re: Fuck Apple by Anonymous Coward · · Score: 0

    They talk about choice, but they don't want me to have the choice to play a certain class of songs on an iPod that I own? Bunch of assholes.

  53. hacker is good, cracker is bad by Anonymous Coward · · Score: 0

    Apple doesn't have a clue.

  54. License on iPod box by numbski · · Score: 5, Interesting

    I just happened to look at the box of the iPod while moving this past weekend. The box says by opening this product you agree to the software license.

    So here's my question:

    If you're not using the software, can apple make you agree to the software license?

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

    1. Re:License on iPod box by chadseld · · Score: 0

      You could also ask: If you're not using the software, why should you care what license you agree to?

    2. Re:License on iPod box by dwightk · · Score: 1

      you are going to have a hard time using it in the box...

      --
      Like anyone can even know that
    3. Re:License on iPod box by Anonymous Coward · · Score: 0

      Why leave it in the box? I opened my iPod box and did not agree to anything in doing so. I wonder what sort of drugs Apple's lawyers took to believe a person opening a product constitutes an agreement.

    4. Re:License on iPod box by Anonymous Coward · · Score: 0

      They are proprietary Apple drugs. Even if you knew what they were, you wouldn't be able to get them.

  55. as a real fan by harumscarum · · Score: 0

    I (streaming....) am (streaming...) upset (streaming....) with (streaming.... ) teh (streaming....) mac. (streaming.... ) Why (streaming....) can't (streaming....) we (streaming....) ride (reading system....) the (streaming....) mac (streaming... ) coat tails?

  56. Really? by iceperson · · Score: 1

    You must not be from around here, because there are a lost of us who don't use any MS products.

    1. Re:Really? by Moofie · · Score: 1

      No.

      From the perspective of the computer marketplace, there are about four of you that don't use any MS products.

      That's great and all, but don't pretend that your ability to avoid MS's crap means that MS doesn't control the market.

      --
      Why yes, I AM a rocket scientist!
  57. Wow talk about two-faced by neildiamond · · Score: 1

    Hacking the X-Box is okay for fun and (sometimes profit). When Real does the same thing against Apple, people here say, "Go Apple! Sue them under the DMCA!"

    That's it for for me guys. Good luck with that free software thingy.

  58. RealNetworks Sucks! by Space_Soldier · · Score: 0, Troll

    RealNetworks is in a shithole because of their stupid tactics with companies and users. No one likes their software. Those who install RealNetworks products are either stupid or have no choice.

  59. buncha doggone hyporcties by ChipMonk · · Score: 2

    So much for "Think Different."

  60. dude by crayz · · Score: 1

    Have you heard of MP3s? I have 9GB of music on my iPod, and not a one with DRM

  61. HOLY FUCKING SHIT MOD PARENT TO +5 NOW!!! by Anonymous Coward · · Score: 0

    that is so brilliant. fucking slashbot hypocrites.

  62. Re:Apple is the most infamous company in the world by danigiri · · Score: 3, Informative
    Dear "colloborator", I'll bite.

    "Now Apple is stealing Open Source technology [...]"

    Yeah! Just checkout the latest info on bash 3.0. It seems that "Several bug fixes for POSIX compliance came in from Apple; their assistance is appreciated." How about that? AC, being a world class shell scripter, you must surely appreciate this help.

    dani++

  63. Apple SHOULD consider ... by for_usenet · · Score: 1

    I'll admit up-front, that I am a fan of Apple hardware and software, but I can't really agreed with their decision to confront Real on this for the following reason:

    They've said that the Apple Music Store exists to drive iPod sales. If consumers can play a wider range of music on their iPod, would they not be MORE willing to buy one?

    I would say they should probably do some "back room strong-arming" to work out a deal with Real that they will allow this in some shape or form, make Real pay some sort of licensing fee, and NOT "officially support it" ... That way, they make money off it directly (through fees from Real), indirectly (through higher iPod sales) and finally they won't have to worry about support, once they state quite clearly, they won't support other music sources.

    I know there is an image to upkeep, but give your consumers the choice, for goodness sakes.

    1. Re:Apple SHOULD consider ... by Anonymous Coward · · Score: 0

      Problem is, Apple would have to side-step compatibility problems once DRM'ed Real AAC files would enter the market.

      If someone has an iPod and buys tracks from Real (Real's store saying "iPod compatible"), he could go either way if a problem occured (Real or Apple). Apple don't want to support hacked files, that's all (and understandable).

      Anyway I think Apple just don't WANT others to sell music right now, or they'd be licensing Fairplay instead.

  64. A pox on both their houses by Anonymous Coward · · Score: 0

    RealNetworks was the first company ever to file a lawsuit against someone under the DMCA -- RealNetworks v. StreamBox, a successful attempt to suppress software to record RealAudio streams. They are a DRM vendor, a proprietary platform creator, and historically a DMCA proponent. They actively contributed to the perception that reverse engineering and interoperability are improper. They have sown the wind and they shall reap the whirlwind, etc.

    Apple's famed reality distortion field is out in force. People who normally believe that reverse engineering is an entirely proper competitive technique and who hate tying and private licensing when mundane companies use them in their business models now like it when Apple locks people out of their platform, because it's a magical Apple platform with elegant design and UI.

    Reverse engineering is ethical and proper whether the artifact under study comes from Microsoft or Apple. Reverse engineering is right and good whether the technology being examined is ugly or pretty, boring or interesting. Reverse engineering is appropriate and virtuous whether the product you want to interoperate with comes from a market leader or a heroic underdog.

    Only Steve Jobs could succeed where Jack Valenti failed in convincing us that we don't have the right to use our own property as we choose.

    Stop the double standards. Stop cheering for anybody's attempts to limit interoperability. They're all wrong, and in a precedent-based legal system, they're all equally threatening to our future.

  65. huh? by Ender+Ryan · · Score: 4, Insightful
    Why does Real need Apple's permission to hack iPods? The only argument that you could make against Real is to support the DMCA.

    I assume that's what you are doing. Please stop using computers and the Internet, you are too stupid.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:huh? by Anonymous Coward · · Score: 1

      because apple is a warm and fuzzy company and therefore allowed to do whatever they want

      it isnt a troll if it is true, and reading the posts around here, IT IS.

    2. Re:huh? by dr_dank · · Score: 1

      The only argument that you could make against Real is to support the DMCA.

      IIRC, there is a clause in the DMCA explicitly allowing reverse engineering with the intent of inter-operatability.

      --
      Where does the school board find them and why do they keep sending them to ME?
  66. Apple missing the bigger picture here by TiggertheMad · · Score: 1

    It seems to me that Apple is falling into the sam e small minded, control-freakish attitude that many companies are these days. Sure Real may have 'h@xx0r3d' the IPod. So what? It may set a presidence, but so what? If Real, and MS start modding your hardware to use their formats, the platform is being cemented that much more as the defacto standard. MS ofor example, would love OpenGL to die, so directX is the only option for developers, as it will keep people on their platform.

    Wake up and smell the napalm, Apple. Real is doing you a favor. They could be helping out the competition.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  67. Getting everything from one company is NOT COOL! by Anonymous Coward · · Score: 0

    Apple is just shooting itself in the foot, the face , the legs again. Only the WACKO APPLE FREAKS want to buy everything from apple. The rest of the world wants a CHOICE.

    They bought Nothing Real's Shake software and instantly killed it on the Windows platform. Then they made the price Half of the linux price. Because it ran so slowwwwww on the Mac they decided to give away the render nodes (only on the mac of course), but you had to buy into the mac render farm (another sloowwwwwww moving system). Apple is not about selling software it's about selling their over priced and under performing hardware.

    So I'll get my songs not from apple but anywhere else.

    Screw them

  68. iPod is not mozilla by mick88 · · Score: 1

    Apple hasn't quite reached MS in its strictness with protecting IP, and for some reason we hold Apple to a higher standard, but at the end of the day - this is their stuff. They do have a right to keep people from reverse engineering it (I think).

    It's not like firefox where it was designed for people to make it better with extensions. This is apple's own product, to be used as specified in the license agreement.

    I am not absolving Apple here, clearly they have pissed off people by being sticklers. Why not recognize that its GOOD to have people modding the iPod? that can only help its sales. Why piss people off for no good reason? Dunno.

    Me, I like the mozilla approach. It's the linux way of doing things. But until there is some sort of "open source iPod/iTunes" that can be freely twisted around - let's not get to bent out of shape. It's apple's stuff, they can get mad about issues like this - it's their right. That's life.
    If you don't like the way apple does things, let them know about it. Tell them that you won't use an iPod or iTunes because of their crappy 'tude.

    --
    I created this account just so I could comment on this story
  69. Reverse Engineer This!!! by grunt107 · · Score: 4, Insightful

    One of the prime casualties of the DMCA, reverse engineering, will forever weaken the progress of innovation.
    Tinkerers have long disassembled 'things' to understand how they worked. This knowledge to other, sometimes better 'things'.
    Now it is illegal to disassemble someone's thing (software in this case) to learn how to make it better or use it in a different manner. This means the creator of the original 'thing' is the only one that could improve said thing - or forever lose its improvement.

  70. The horror! THE HORROR! by Dr.Dubious+DDQ · · Score: 5, Funny

    This is unspeakably wrong! A company spends MILLIONS, perhaps even BILLIONS to come up with their own proprietary mechanism for exchanging files between their OWN services, and some damned upstart comes along, reverse-engineers it, and has the AUDACITY to make their OWN service interoperate with it...WITHOUT PERMISSION?!?!?

    All of that money that the company spent, down the drain, because some "hackers" figured out how their carefully crafted system works! This is wrong and unfair!

    Our course is clear! We must NOT support the evildoers who have committed this foul act of hacking! BOYCOTT! BOYCOTT!

    We must NEVER use SAMBA AGAIN!!!!!

    Wait...who were we talking about again?....

  71. Re:anyone can store files on an ipod that not DRMe by Anonymous Coward · · Score: 0

    >All real would have to do is use un-DRMed mp3s or aac.
    >Problem solved..

    Not for the music industry, it wouldn't.

  72. What exactly is illegal here? by TyrranzzX · · Score: 2, Interesting

    They're reverse engineering something so they can add functionality to it. Seems to me real isn't doing anything illegal here. They aren't reverse engineering and selling their own I-pods or anything, they're giving users a different way to use their I-pod's.

    Personally, I wouldn't want to have an i-pod with realplayer on it. Afterall, it'd request to be connected back to the internet so it can upload my listening statistics or something.

    1. Re:What exactly is illegal here? by nanojath · · Score: 1

      I feel the same way, though in the end it will depend on exactly what the exploit was and what you can manage to do with it. Provided they truly just reverse engineered it and it doesn't let you subvert apple DRM I don't see how it will be illegal even under DMCA.

      Of course, being as how I'm just waiting for the right OGG-compatible player to come into the right price range, and how I refuse to buy from iTunes because I hate DRM with all my heart and soul, and that I won't even have any Real product on my machines because I hate them even worse, it is all rather a moot point to me. I don't really see what Real expect to gain out of it, tho, except maybe accelerating the only sensible business strategy for them, namely to go out of business and sell their assets, such as they are, to Apple. Now that you mention it...

      --

      It Is the Nature of Information to Transgress Artificial Boundaries

    2. Re:What exactly is illegal here? by Hitchcock_Blonde · · Score: 0

      I don't believe Apple said that there was anything necessarily illegal about it, just that they would look at their options. But, it is within their rights to update iPod software to disable Real's workaround.

      --
      Karma Schmarma
    3. Re:What exactly is illegal here? by glenstar · · Score: 1

      NetMusic has imported a bunch of MP3 players from S. Korea, and one of them, the HD-800 plays OGG/MP3/WMA. It's a pretty cool little player.

    4. Re:What exactly is illegal here? by nanojath · · Score: 1

      looks interesting - I'll check it out. Thanks.

      --

      It Is the Nature of Information to Transgress Artificial Boundaries

  73. I'm no MS lover, but..... by Anonymous Coward · · Score: 0

    I wonder what the reaction to this article would have been if the device in question was from Microsoft....

    1. Re:I'm no MS lover, but..... by Anonymous Coward · · Score: 0

      Would have been:

      "Typical MS trying to stop competition by enforcing their patents!"

  74. Imagine if Microsoft had done this ... by akintayo · · Score: 3, Insightful

    I disagree, Apple fans try to put forward an image of Apple that is false. Most of their products are well engineered, but company policy is no more user friendly than Microsoft's or Sony's. And I do not understand how anyone can support their recent position, they are restricting the choices of iPod users. While they are within their rights, this is a somewhat malevolent act.

    --
    Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
    1. Re:Imagine if Microsoft had done this ... by Anonymous Coward · · Score: 1, Insightful

      They've ALWAYS behaved this way.

      They've smacked down anyone who's tried to create interoperable hardware, ie; Mac Clones. Then I have some dork telling me about their "Open Firmware". Open, my ass. If it was Open, I could build my own.

      If OS/X was "Open", I'd be running it. I'm not. They "gave back" small tokens to the community that they were obliged to, no more.

      Apple have always come off to me as a sleazy company, selling slick and shiny products - but with plenty of strings attached.

      Of course, in slashbot minds, to hate Apple is to be a "Microsoft astroturfer". But that's only because this site attracts a lot of idiots.

    2. Re:Imagine if Microsoft had done this ... by malthusan · · Score: 1

      Just out of curiousity, how, exactly, is Apple restricting the choices of iPod users?

    3. Re:Imagine if Microsoft had done this ... by akintayo · · Score: 1

      The are preventing you from using Real's DRM'd music downloads on your iPod.

      --
      Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
    4. Re:Imagine if Microsoft had done this ... by malthusan · · Score: 1

      Hrm. I'm unwilling to put anything related to RealNetworks on any of my machines, so I can't/won't test this myself. However, I submit the following:

      1) If Real only releases their tracks in .rm/.ram format, then Real is the one preventing me from playing any tracks I might buy from their store on my iPod. If I choose not install RealPlayer on my machine, then I can't play those songs I've purchased. Thus I'm locked into Real's format. My iPod plays the formats I use the most -- .mp3 and .aac. However, if Real releases their songs in .mp3 with a DRM which iTunes can't play, then Apple is, indeed, doing what you stated.

      2) Songs I purchase from iTunes have weak DRM -- I burn them to a CD then import them again as mp3s. Boom. No DRM. No restrictions on the number of machines i can play them on. If Real's music files are the same, then there's no issue. Import them as mp3s, add them to iTunes, sync iPod. If they're not, then their DRM is much stronger and much more restrictive than Apple's.

      Personally, I abhor any company wielding the DCMA bat, but only slightly more than I abhor RealNetworks. Reverse engineer Real's DRM so those files can be played anywhere by anyone with any player, then sell that product, and Real will be all over you like stink on shit. And maybe I'm out of the loop, and perhaps the analogy doesn't hold, but I've yet to find a RealMedia file that will play in Quicktime. Or, for that matter, a Quicktime file that will play in RealPlayer (note: I haven't used any version of Realplayer since 1999, so I could be wrong about this.)

      I'm disappointed that Apple would so quickly reach for the DMCA to whack folks around, whether Real did anything wrong by reverse engineering Fairplay or not.

      I have another question: At what point can a company, any company, stop interoperability? By that I mean how far is Apple obligated to go to make its competitors products work on its equipment? How far is Real obligated to go to make sure files in its media format play on competitors media players?

      Is Apple wrong to resort to the DMCA to stop Real of doing this? I'd say yes, if only because each time it is used and upheld, it becomes that much more entrenched. Is Apple wrong to want to prevent Real's format to play on its hardware? I'd say not at all.

    5. Re:Imagine if Microsoft had done this ... by Jesrad · · Score: 1

      Then I have some dork telling me about their "Open Firmware". Open, my ass. If it was Open, I could build my own.

      You can. Open Firmware is an open standard set up by Sun (IEEE 1257). Have a nice crow.

      --
      Maybe we deserve this world ?
  75. These guys need a dictionary.... by rel4x · · Score: 0

    I think they meant ethics of a cracker. Not a hacker. Perhaps we should look it up for them?
    According to dictionary.com:

    cracker
    Pronunciation Key (krkr)
    n. ...
    3. Offensive.
    1. Used as a disparaging term for a poor white person of the rural, especially southeast United States.
    2. Used as a disparaging term for a white person.

    There. That's more like it.

    --

    Before you mod me funny, think, perhaps I was insightfully funny?
  76. Real Deal. by twitter · · Score: 0, Flamebait
    Now I can spend $300 on a music player AND get to use Real's spyware laden buggy hard-to-use interface! How can I loose?

    Don't forget that you can plug it in to windoze too. Wonderful.

    $300 for DRM blighted music player
    $200 for buggy DRM, spyware, malware blighted OS.
    Real, a no cost download. What a bargain.

    Just running Linux on your desktop and handhelds instead, priceless.

    --

    Friends don't help friends install M$ junk.

    1. Re:Real Deal. by The+Bungi · · Score: 0, Troll
      Hi twitter. That's really insightful, I mean, "Windoze"? Truly funny. Absolutely offtopic though.

      Anyway, we were wondering when you were going to get back to us.

      Thanks.

  77. MOD PARENT UP! by Anonymous Coward · · Score: 0

    I'd love to have a mod point right now, this was such a good point.

  78. Because it's not like... by lxt · · Score: 1

    ...Microsoft has released a similar product to Apple and crushed them before, is it?

  79. Just a little nip in the bud... by Anonymous Coward · · Score: 0

    From the article, Ernest Miller says at the end:
    "Microsoft will be coming out with their own online music shop this fall, and they will be a threat. Better to nip such competition in the bud."

    "Nipping competition in the bud" seems positively anti-free market to me and this legal advice seems to get to the root of the problem with all of these kinds of lawsuits. Yes? No?

  80. Legality aside. . . by twbecker · · Score: 1

    can someone explain why Apple wants to limit what can be played on the iPod? Is it not the iPod that makes all the money for them? iTunes is just a gateway that's supposed to lead people to the iPod, why not have more of them?

    --
    "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
    1. Re:Legality aside. . . by Hitchcock_Blonde · · Score: 0

      Because once someone sees how elegant the whole iPod/iTMS solution is, they may be inclined to go out and buy a Macintosh computer. Having "compatibility" with other download services' half-assed implementations dilutes the user experience.

      --
      Karma Schmarma
    2. Re:Legality aside. . . by twbecker · · Score: 1

      Hasn't it already been established that iPod sales are NOT leading to Mac sales? I thought Apple had just accepted that. Honestly, if driving people to Macs was their ultimate goal, they should never have ported iTunes to Windows.

      --
      "The problem with internet quotations is that many are not genuine" -Abraham Lincoln
  81. Apple Can Do No Wrong by tabdelgawad · · Score: 1
    "Regarding the DMCA: you can't fault Apple for using a law on the books" So we can't fault the RIAA and the MPAA either, or any of the other companies that routinely get trashed around here for using the DMCA to squash compatibility or competition.

    "What Apple says regarding breakage is true" And what AIM, Yahoo, and MSN say regarding breakage must also be true, everytime they play their cat-and-mouse games with Gaim and Trillian.

    "Apple maintaining control over the whole process from end to end is one of the things that makes the iTunes/iPod experience so friendly and pleasing" Why don't we let Microsoft control the whole process of internet access from end to end, to make the experience "so friendly and pleasing". Oh wait ...

    I suggest the parent poster replace his whitewash with the one liner in my subject line :)

    --
    Imposing Libertarian views on everyone online since 1992.
    1. Re:Apple Can Do No Wrong by Anonymous Coward · · Score: 0

      "Apple maintaining control over the whole process from end to end is one of the things that makes the iTunes/iPod experience so friendly and pleasing" Why don't we let Microsoft control the whole process of internet access from end to end, to make the experience "so friendly and pleasing". Oh wait ...

      Your analogy fails because you take no notice of the fact that Apple does the iPod/iTMS thing very well.

    2. Re:Apple Can Do No Wrong by Anonymous Coward · · Score: 0

      Your analogy fails..

      No it does not. And the same can be claimed by M$ since their browser IE has the dominant share. So does their desktop OS (> 90%). Popularity must be a measure of a job done well.

  82. What's the point? by AndyChrist · · Score: 2, Insightful

    Who actually uses realaudio, other than sites like Amazon? I mean, is there ANYONE who keeps realaudio files on their personal machine, for example?

    Real ceased to be relevant about 7 years ago. Bleh.

    1. Re:What's the point? by gmhowell · · Score: 1

      Unfortunately, to see the Sal Wise movie mentioned yesterday, you need Real. I'd love to see it, but not if it means putting Real Player back on my computer.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    2. Re:What's the point? by n8_f · · Score: 1

      This isn't about RealAudio, it is about AAC. RTFA. Real uses 192kbps AAC-encoded files with their own DRM. As an iPod mini owner, I would like to be able to use Real's Harmony files. Unlike Apple's offers, encoded at 128kbps, I might actually buy Real's. Is there any reason Apple wouldn't want iPods to be able to play these files except to prevent competition with iTMS?

      This is Apple at its worst.

  83. a little clarification by spirit_fingers · · Score: 0

    There seems to be some confusion over what music format the iPod can and can't play.

    Can play:

    AAC, either with or without DRM encoding

    MP3, either CBR or VBR

    WAV

    AIFF

    Can't play:

    Real Media

    WMA

    any other proprietary format

    Also, the iPod doesn't not convert MP3s to AAC or alter them in any way. There are a variety of shareware and freeware apps that let one copy music files off an iPod and onto a computer other than the one it is sync'd to. And unless these are already DRM'd AAC files they'll play just fine.

  84. Sounds Like... by Nom+du+Keyboard · · Score: 3, Insightful
    Sounds like what AOL Instant Messaging periodically does to the other IM services.

    Seriously though, if Apple keeps this up they should be prosecuted for attempting to maintain an illegal monopoly.

    Imagine, if you will, that your Chevy only ran on Chevy Gas. And every time someone else formulated a compatible gasoline, Chevy installed a new carburetor as part of a "performance upgrade" that only ran on their, new next, version gasoline. How long would that be allowed?

    Historically Apple has not been friendly to competition, when it's on their turf. Remember clone Macs a few years ago? They waffled on that faster than John Kerry.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Sounds Like... by HarveyBirdman · · Score: 2, Funny
      Imagine, if you will, that your Chevy only ran on Chevy Gas.

      AUGH! Car/computer analogy! Kill it! Get the pipe-carrying homeboy! Get it! WHAM! WHAM! WHAM!

      --
      --- Ban humanity.
    2. Re:Sounds Like... by Anonymous Coward · · Score: 0

      With that part of the article, there's two ways to read it.. one is that they'll purposely insert code in there to break Real's method, and the other is that they want to be very clear from the start that they're not going to make any effort to NOT break it when they patch some unrelated thing

      The second is perfectly fine (well, ok, they shouldn't really be preventing the use of other files in the first place, but ignoring that for a second), because Apple isn't responsible for QA'ing Real's work-around... the first is what you describe, but I don't think is what they implied; this sounded more like a legal CYA statement so when they patch itunes' DRM 6 months from now, and it breaks Real's "hack", no-one bitches to Apple about it.

      The lawsuit threats are a bigger worry, but there's also a question of who actually approved the statements... it may just be that someone in the legal department made these threats, but Apple itself has no real intentions of following up.. or they may be jerks, we'll see.. =)

    3. Re:Sounds Like... by Anonymous Coward · · Score: 0

      Must destroy Kerry flip-flop meme. Damn RNC and their talking points...

    4. Re:Sounds Like... by MachineShedFred · · Score: 2, Informative

      The clone issue was completely separate though, and including it here dilutes your argument. Here's why:

      The cloners were taking away from Apple's revenue when they promised to go after non-Apple markets.

      While this sounds a bit silly, all the clone makers said they would be expanding market share for the good of the platform. Instead, they took Apple's hardware designs, tweaked them a bit, and then sold them at a lower price than Apple was selling it's Macs for.

      Oh, I know; it's competition, and Apple should compete. Except for one thing: They were paying for the R&D for their competition. They were developing the motherboards, the OS, the peripherals, etc.

      They were already reporting big losses every quarter, lowering their margins would not have helped, and Apple would have died; taking all the cloners with it.

      Did you ever see a cloner advertise in any computer magazine that wasn't Mac-oriented? I didn't, and I had a job scanning computer magazines for articles about clients at the time.

      They did not hold up their end of the deal, and they were strangling Apple. For Apple to survive, the cloners had to go. They made a business decision, and executed it. If they would have not made this decision with the market forces of the time, the shareholders would have been well-advised to fire every board member and executive officer in the company for lack of due diligence.

      And just to beat you to the punch, I'm not some Apple shill. I actually bought one of the clones, and it runs Linux today as a router. I have Windows boxes, I have Linux boxes, and I have a Powerbook. Use the right tool for the right job, and don't ever EVER close your mind to new (or perhaps old) things.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    5. Re:Sounds Like... by fishwallop · · Score: 1

      If my Chevy only ran on Chevy gas, I would calculate the cost of Chevy gas before buying it, and compare it to the cost of a Ford running on proprietary Ford gas, over the lifetime of the vehicle. "Tying" is only a problem where Chevy has a monopoly on cars which they can leverage to obtain a monopoly on gas, or vice versa. To return from the metaphor: Apple has neither a monopoly on portable music players nor online music distribution -- and more competitors (is that a Redmond Giant I hear approaching?) are on the way. Don't like iTMS? Get a Windows-Media player and shop Walmart.

    6. Re:Sounds Like... by Nom+du+Keyboard · · Score: 1
      The cloners were taking away from Apple's revenue when they promised to go after non-Apple markets.

      The cloners were showing what everyone else has said about Apple all along -- their hardware is too d@mn expensive!!

      They could make a profit selling the hardware only for less than Apple. And don't give me all this R&D crap. None of the cloners were able to set their production lines up for free.

      If Apple was paying attention they'd realize they are really a software and operating system company. PC's beat out Apples not because of any inherent superiority, but rather because while generally comparable, PC's simply cost less and give you more bang for your buck. Considering what Apple is charging for OS updates every year, they should pump as much cheap hardware as possible out there and sell operating systems to every one of them. Look at Microsoft. About the only hardware they sell is the MS Mouse, and they're so far ahead of Apple that you can't see Steve Jobs in the rearview mirror.

      At minimum, release OS-X for the Intel/AMD hardware platform in addition to your own line. It's no secret that they have a version ready to go, and only Jobs is keeping it from happening. I'm sorry if he's still in love with hardware because that's how it all started, but get real. And I'm no Intel shill. The G5 is wonderful hardware, as is the AMD-64.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    7. Re:Sounds Like... by Calroth · · Score: 1

      Seriously though, if Apple keeps this up they should be prosecuted for attempting to maintain an illegal monopoly.

      This point had been made elsewhere, but bears repeating:

      Monopolies are on markets, not products. It doesn't make sense to say that Apple has a monopoly on the Apple iPod.

    8. Re:Sounds Like... by MachineShedFred · · Score: 1

      None of the cloners were able to set their production lines up for free.

      Ok, if you want to bring production into this, Apple had those costs TOO. Not only were they developing all the software, engineering all the hardware, they were building their own units too. Cloners were just building units.

      If Apple was paying attention they'd realize they are really a software and operating system company. BZZZT wrong. Successes like the iPod are not software. Consumer-loved designs like the iMac that made it the most successful computer model in the history of computers wasn't due to including AppleWorks. The demise of the floppy drive, standardization on open and modern hardware like USB, PCI, IEEE1394, and 802.11b was not because of some API they wrote for MacOS.

      You do know who the first two companies that ditched all legacy interconnects for PCI were, right? I'll give you a hint... neither of them ran x86 CPUs. (Apple and DEC).

      Apple isn't a hardware company, or a software company. They are a computer company. They sell the whole thing, and that's how they keep it a powerful useable easy experience.

      Look at Microsoft. About the only hardware they sell is the MS Mouse, and they're so far ahead of Apple that you can't see Steve Jobs in the rearview mirror. I sure hope you are talking about bank balances or market share here, because Apple is so far ahead in useability, stability, and design that Microsoft isn't even in the same time zone. Ask anyone that works on both platforms equally.

      I'm sorry if he's still in love with hardware because that's how it all started, but get real. As much as I would love to see Aqua running on my dual Xeon, this would also mean the death of Mac OS X. Why? Now Apple has to validate and control compatibility with thirty times the hardware, all of it different, and every manufacturer wanting to blame every other manufacturer. The only reason this nightmare faded to it's currently moderatly scary level of today is because Microsoft began to strong-arm the manufacturers into WHQL signing by making their operating system throw out nasty unintelligable-to-most-users dialogs about how unsigned drivers are going to hose their box, empty their bank accounts, make hours worth of roaming charges on their cellphones, maim their children, and kill their cat.

      Releasing Mac OS X for x86 would destroy the user experience, negating one of the biggest advantages over the Windows platform.

      Oh, and you can't get 30% margins on software.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  85. Taking a page from the Windows 3.1 playbook: by Anonymous Coward · · Score: 0

    The mantra for the next iPod software release will be:
    "iPod's not done until Real won't run".

  86. Short Discussion by elbertc · · Score: 1

    There's a short discussion about it here if anyone's interested in reading a little more..

  87. New product, same old rotten Apple by leereyno · · Score: 3, Informative

    If Microsoft is a monopoly, Apple is surely a failed attempt at one. Apple has a long history of intentionally breaking their products so that they will not inter-operate with other products.

    Remember back when Jean-Louis Gassée held up a telephone when asked how to make Macs and PC's work together on the same network? Apple not only wasn't interested in having Macs inter-operate with PC's on a LAN, they were openly hostile to the idea.

    Anyone else remember the voodoo one had to go through to get a standard SCSI hard drive or CDROM drive to work in a Mac? Remember the bullshit that Apple tried to spout when asked about this? They tried to say that SCSI was an electrical standard and not an interface standard. Yeah, right. The truth of course was that their partitioning tools and CDROM drivers were specifically written to check for a tag in the drive's firmware and fail if that tag was not found.

    Any company that is going to play keep-away like that will NEVER receive a dime from me.

    It's this kind of snobbish nonesense that really made me dislike Apple, regardless of what the company used to be like back in the Apple II days.

    This is why I won't buy an Ipod. That and the whole bullshit issue with the batteries not being replacable. I hear they've fixed that now, but it never should have been an issue in the first place.

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:New product, same old rotten Apple by Hitchcock_Blonde · · Score: 0

      Yeah, whatever, dude! Apple rocks!

      --
      Karma Schmarma
    2. Re:New product, same old rotten Apple by elbertc · · Score: 0, Flamebait

      You are absoulutely pompous.. if you want real information and facts.. try looking here

    3. Re:New product, same old rotten Apple by Anonymous Coward · · Score: 0

      The real facts are to be found at a site for Mac zealots and Apple apologists?

    4. Re:New product, same old rotten Apple by Anonymous Coward · · Score: 0

      I have a 1st generation iPod and the battery was cheap (25 quid) and easy to replace. Sure it isn't in a slide-open compartment but I would have expected even the most casual of Slashdot readers to be up to the task.
      As for interoperability; I've only had a Mac running OS X but invariably it's easier to get my Mac to talk to my PCs than my PCs to talk to the Mac or to eachother.
      Also the peripherals are truly plug-and-play. Feel free not to look beyond a PC but that would be a mistake.

  88. Watch it break by Anonymous Coward · · Score: 0

    It's a hack. Next revision of the iPod, watch it break. REAL SUCKS. Period. Their stock is sucking massively and they're trying anything they can to get a leg up. Trouble is, they're just muddying the water for their clients.

    Apple is trying to avoid a huge technical nightmare:
    "I installed REAL software and now my iPod doesn't work" - when's the last time ANY PC manufacturer who bundles Windows helped someone install Unix?

  89. Wrong!, You CAN fault Apple by asv108 · · Score: 0, Troll
    Regarding the DMCA: you can't fault Apple for using a law on the books

    An unjust law is an unjust law and we can fault Apple for using it. If apple existed in the 19th cen tury and used slave labor, would that still be morally acceptable because it was perfectly legal under US law?

  90. apple=nazi by Anonymous Coward · · Score: 0

    oh no, everyone's favorite company turns out to be brownshirts.

    ipod=overpriced yuppie gear.

  91. Re:anyone can store files on an ipod that not DRMe by ianturton · · Score: 1
    All real would have to do is use un DRMed mp3s or aac.

    I think the point of thier hack was to switch files bought form thier store from Real's DRM to Apples DRM. If they just provided unDRMed files I guess the music businesses would stop supplying them with music.

    Ian

  92. Hypocrites, all! by pla · · Score: 4, Insightful

    Wow. The level of Apple fanboyism just blows me away...


    People work tirelessly to get Linux to run on the XBox, against MS's wishes, and we cheer them on.

    People modify their TIVOs, in violation of both their warrantee and (probably) the DMCA, and we ask how to do it ourselves.

    A disposeable digital camera hits the market, and do we feel "concern" that the poor manufacturer will get raked over the coals as soon as a way to get at the memory hits the 'net? Hell NO! We ask where we can buy a few, anticipating the eventual crack!


    But Real, after trying to convince Apple to make a deal with them, manages to open up the iPod, a HARDWARE device that people BUY, to play RealMedia content on, and suddenly everyone starts crying for Apple and damning Real?

    Pathetic. If you replaced "Apple/RealMedia" with "Microsoft/Ogg", we'd have taken to the streets ready to lynch Microsoft over their suppression of open audio formats.


    Please, people, try to use just a little bit of introspection before jumping to Apple's defense. Even try the example I gave above - If you replace "Apple" or "Jobs" with "Microsoft" or "Gates", would you feel the same? Or perhaps even more painful to contemplate, what if Apple had hacked the Nomad, against CL's wishes, to play their DRM'd AAC files? "Bad, evil DMCA violation", or "noble and liberating support of their customer's rights to use the music they legitimately purchased"? If those don't hurt to contemplate, well... "Denial ain't just a river in Egypt".

    1. Re:Hypocrites, all! by Hitchcock_Blonde · · Score: 1, Informative

      Give it a rest! Apple rocks!

      --
      Karma Schmarma
    2. Re:Hypocrites, all! by dfj225 · · Score: 1

      Like you said, I don't really see what the big deal is. If anyone out there really wants to put Real's crap on their iPod then I say let them. I feel sorry for the people that think Real has good software. Posts in the previous article about Real mention the underhanded things that they do, and I know from experience how crappy their software is. However, I don't think Real is doing anything wrong in this case. They simply made a program that will allow users to play their music on the iPod. It is not as if they went and messed around with the encoding of songs downloaded from iTMS.

      --
      SIGFAULT
    3. Re:Hypocrites, all! by pla · · Score: 1

      If anyone out there really wants to put Real's crap on their iPod then I say let them. I feel sorry for the people that think Real has good software.

      I'll agree with that 100%... I in no way meant to defend Real in the sense of them having a format worth using. But in the sense of "I own this device, I want to play format X on it, they have made it possible", I fully support that. Kinda like the whole Hall/Voltaire freedom of speech thing... "I disapprove of what format you play, but I will defend to the death your right to play it".

      Actually, as an aside, I Like AAC. Take away the DRM, and I'd probably use that over OGG, even (I know, heresy <G>). But the encoding process takes hours per song, and I don't have the time (or a lab over which to distribute the load) to re-rip my entire collection that slowly.

    4. Re:Hypocrites, all! by dfj225 · · Score: 1

      Yes, I don't really like device lock in, which is why my library collection is in MP3. Even when I do want more music, I usually buy the CD and rip it myself. I have only a few songs from iTMS, just to test it out. They sound good and have a lower bit rate then what I normally encode at (my mp3s are 192 kbps but the AACs are 128 kbps and sound pretty darn good). The thing is, in the future if I want something that isn't from Apple to play my songs on, I do not want to have to convert my entire library (and lose much quality) or rip all my cds again.

      --
      SIGFAULT
    5. Re:Hypocrites, all! by WatertonMan · · Score: 1

      I think the problem is that this modifies the software. Then if Real's code sucks (see the majority of their code on Windows) Apple gets blamed and not Real. I think there ought to be some reason to have control over ones software in this situation. Apple has an investment to to iPod's interface.

      If it were just about hacking the iPod then all those various hacks you can find on the net wouldn't be there. This is about Real pretending to simply be providing interoperability while they are really modifying the operating system without telling people that's what they are doing.

    6. Re:Hypocrites, all! by Anonymous Coward · · Score: 0

      But the encoding process takes hours per song,

      Thats weird.. on my linux box, ogg actually encodes considerably quicker than lame (mp3)

    7. Re:Hypocrites, all! by wankledot · · Score: 1
      Modifies what software? It doesn't modify a single thing on the iPod.

      "This is about Real pretending to simply be providing interoperability while they are really modifying the operating system without telling people that's what they are doing."

      wtf are you talking about? what OS are they modifying?

      --
      My sig is blank, I typed this by hand.
    8. Re:Hypocrites, all! by thaddjuice · · Score: 2, Insightful

      I think that one of the key things that's different from your examples about the XBox and the TiVo is that this is a _company_ doing this. In the cases that you described those were individuals who wanted more functionality out of their devices.

      What Real is doing is saying, "Hey, the iPod is the most popular music player out there and we're too lazy and cheap to try to pump up another player or our own so let's hack the iPod". It's another company trying to piggy back on someone's efforts and success without contributing anything back.

      --
      Find me in ~/.sig
    9. Re:Hypocrites, all! by Anonymous Coward · · Score: 0
      Thats weird.. on my linux box, ogg actually encodes considerably quicker than lame (mp3)

      I think the parent meant that AAC takes forever to encode, not OGG.
    10. Re:Hypocrites, all! by WatertonMan · · Score: 1

      I was under the assumption that they modified the iPod's firmware to play their own data format.

    11. Re:Hypocrites, all! by MattHaffner · · Score: 1

      I'm going to trash all my spent moderating points on this thread to reply to this...

      Actually, as an aside, I Like AAC. Take away the DRM, and I'd probably use that over OGG, even (I know, heresy ). But the encoding process takes hours per song, and I don't have the time (or a lab over which to distribute the load) to re-rip my entire collection that slowly.

      1) AAC has no DRM. Apple's FairPlay is built on top of it. I re-ripped all my CDs to AAC. They have no DRM whatsoever. Any other software program or device that plays AAC (i.e. MPEG-4 audio, a standard) will play my files. Nobody has to license from Apple or even look in their direction to make such a player or app.

      2) HOURS per song?!? What the heck are you using? I have an ancient, nearly 2 yr old 800MHz Ti PB and it can rip a whole CD at 160 kbps at 3-5x play speed, at my last remembrance. Even my 5-ish year old 400 MHz G3 can do it faster than the CD plays. Where are you getting hours per song? I don't find it any worse than high-bitrate MP3 ripping.

      3) While I do in general agree with the idea that you should be able to play anything on your iPod that's encoded in any format it plays, it's good to bear in mind here echoed by many previous posters, that in essence this is Real wanting to lock you into their DRM. If they are so into choice, why are they not providing us lowly consumers of choice with a Real to MP3/AAC (un-DRM) format? Oh, wait, the RIAA might not like that? Tough luck. They signed the contract with them to distribute their songs with DRM.

      Hounding Apple to license FairPlay was the tactic Real should have stuck with. Anything else is just desperation sour grapes in the face of not getting this market cornered before Apple. Apple, for their part, would have probably looked better just mentioning frankly that they won't be supporting such files in the least and if they break, tough luck. They shouldn't have brought up DCMA at all at this early stage--if it's going to even apply at all.

      I, the lowly consumer, still have a very viable, if slightly more expensive choice to retain my 'audio format rights': walk out the door and buy the CD at my favorite local music store.

    12. Re:Hypocrites, all! by wankledot · · Score: 1

      No, Real's format is actually the same as Apple's (AAC) and they are simply converting their DRM, without touching the iPod's firmware at all.

      --
      My sig is blank, I typed this by hand.
    13. Re:Hypocrites, all! by dwightk · · Score: 2, Funny

      "If you replace "Apple" or "Jobs" with "Microsoft" or "Gates", would you feel the same? "

      Pretty much... you would have to replace "Real" to make me feel differently

      --
      Like anyone can even know that
    14. Re:Hypocrites, all! by pla · · Score: 1

      HOURS per song?!? What the heck are you using?

      FAAC, in the highest quality mode it offers. If you have gotten rips in 3x realtime, I have to suspect that your encoder optimizes for speed rather than quality. Sure, drop all the settings down to their simplest, and it will encode nice 'n zippy - But you get something barely better than an MP3.

      Then again, I haven't tried it in a few months. Perhaps AAC encoders have made a huge leap forward since then.

    15. Re:Hypocrites, all! by karmatic · · Score: 1

      And why is this a bad thing? Welcome to the world of competition and consumer choice.

      Do you have a problem with 3rd party car accessories? Companies that sell replacement tires to consumers are piggybacking on the hard work of automobile manufacturers. So are companies who make replacement vacuum belts, printer toner, cell phone accessories, etc.

      Creating a product does not give you control post-sale, nor does it legally, ethically, or morally prevent competitors from trying to make their products talk to yours. Circumvention of revenue model is not a crime.

      People modify their cars, their computers, their guitars, remote control cars, and even their houses to do things the manufacturer didn't think of, didn't choose to implement, or specifically didn't want done. Often times, this is done with the help of a Company, many of whom make business models entirely out of helping people use their property how they want to.

      Why is this a bad thing? Last I checked, this was innovation, and considered healthy for the market. It means less money goes to the original manufacturer, but the market benefits from competition, and consumers benefit from choice. Monopolies are (usually) unhealthy.

    16. Re:Hypocrites, all! by Anonymous Coward · · Score: 0
      Wow. The level of Apple fanboyism just blows me away...

      You're getting "blown away" by nothing. What Apple fanboyism? Just about everyone is saying Apple is nuts.

      I keep hearing about huge pro-Apple bias on Slashdot, but I never actually see it. Apple is evil and everyone knows it. People just like some of Apple's products.

    17. Re:Hypocrites, all! by samantha · · Score: 1

      Apple rocks in all ways and aspects forever and ever regardless of what they or any of their employees and lawyers ever do, eh? So where can I get some of these indulgences forgiving all sins even preventing all sins from being sins universally?

    18. Re:Hypocrites, all! by dfghjk · · Score: 1

      Change your threshold and you will. Nothing gets modded down faster than an anti-iPod post.

    19. Re:Hypocrites, all! by TiggsPanther · · Score: 1

      Y'see that's where I start to see Apple's POV.

      Apple (and other legal music stores) work on the perceived power of DRM. People have quoted Steve Jobs as saying that he knows that there's no way to make DRM rock-solid. However Apple have managed to come up with something that has enough DRM to satisfy the RIAA and their ilk, yet weak enough to stil allow users to do quite a lot with DRM files they buy.
      But at least part of that is that an iPod cannot play a DRM file that it's not authorised to.

      Now it's one thing when J. Random-Hacker comes up with a way around this, but another company doing it is a bad thing.
      If nothing else it runs the risk of the Music Industries clamping down and insisting on iron-clad DRM and/or higher prices - and then screaming blue murder when copying doesn't stop.

      It just comes over as Real trying to make a quick buck at the expense of weakening the perceived strength of Fairplay protection. And that's bad for Apple, and probably for Legal Digital Music at large.
      Plus regardless of whether you think Apple was right or wrong not to grant Real a license, Real're basically getting around a License and then planning to profit from it. This is not a good thing. This is not a precedent anyone wants a big company setting.

      I don't like DRM, and I don't like Licensing. however this isn't the way I particularly want to see them challenged. It's not going to end well, and the Users will be the ones to lose out the most in the long-term.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  93. Okay, serioulsy guys? by Gerad · · Score: 1

    There are a couple of important difference between Apple cracking down on its users, and Microsoft cracking down on its users.

    First of all, Apple is not a convicted monopoly. The rules change siginificantly when you are a monopoly, and what might be standard business practices otherwise suddenly become unethical and illegal.

    Secondly, this isn't Apple cracking down on an average joe who's releasing a free update under the GLP. This is Apple getting pissed off at Real for doing something that could potentially damage the public image of the iPod. Real, who's only motivation in doing this is to make an extra buck because their products suck so badly they only way they can hope to succeed is to piggyback off another company's success.

    This isn't a case of Apple fanboys saying "It's different beacuse it's Apple!" The situation IS fundimentally different than Microsoft cracking down on a hobbyist for modifying their XBox or the like.

    --
    Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
  94. WHAT device lock-in? by revscat · · Score: 1

    I have an iPod, and have over a week's worth of music on it, all in MP3 format. Any device or program that can spit out MP3s is compatible with the iPod. There is no lock in.

  95. General Thoughts on iPOD Mod by hackus · · Score: 2, Insightful

    First of all....

    some general observations:

    1) DMCA, Copyright law is all moving towards the idea that only corporations have the right to own property, but you do not.

    So this means, if you buy something you do not actually own it, your just "renting" it and you pay each time you use it.

    You have no rights whatsoever because it isn't yours.

    If you believe in this sort of thing, then it should not come as a surprise that the iPOD you thought you owned, isn't really when you decide there is a cool hack for turning it into a PDA or whatever.

    2) Patent law is now enduring some interesting changes as well. Now, not only is the corporation the only one permitted to own property, but even the ideas to MAKE products aren't even yours to keep that you may buy. Furthermore, changes to patent and copyright law are insuring that the ideas will never ever be retained by anyone except the said company. (Patent law changes are on the books for 75-100 year expiration periods. This insures companies CEO's and top brass do not have to do anything except manage the checks comming in on licensing fees etc.) It is much easier to collect a Patent royalty than it is too design a new product...

    Just ask Daryl McBride, CEO of SCO.

    For those in the crowd saying anyone can hold a patent, that is just lip service to the poor masses to throw them a bone.

    EVERYONE here knows that whoever has the biggest legal team gets to write or rewrite patents the way they see fit. Period.

    (Hint: It isn't the little guy.)

    -Hack

    --
    Got Geometrodynamics? Awe, too hard to figure out? Too bad.
  96. Re:The horror! THE HORROR! by argent · · Score: 1

    This could be good, if the next step is for Microsoft to do the same thing with WMA. I'd love to see Apple and Microsoft in court one day each holding the DMCA against each other's heads. "You hacked the iPod so you could install your eeeevil WMA player! Yeh, well, where's your license for CIFS in Mac OS X?"

  97. If only it wasn't Real networks by KZigurs · · Score: 1

    If only it wasn't Real Networks. You know, the company with business ethics even below Microsoft. With spy/ad and malware forcefully installed on your PC forcing some "partners" to offer their media services only in realmedia formats.

    I remember that at one time they had damn usable player. Then it became a memory hog. Then it became memory and CPU hog. At the time when I saw a popup offering some stupid girlie artists supersingle download I had enough and had just plain ignored any RM offering on the web since.

    But regarding to apple trying to protect their fairytale copy protection scheme - whatever will be, will be. I'm planning to buy an iPod (to complement my 12" iBook) in next month and frankly I can't care less about interoperability with third party offerings.

    Apple offers iTunes, they pretend to make money in it and if I can choose I choose an IT world dominated by Apple instead of Microsoft or Linux. And I will stick to this point unless something drastical will happen - like an usable linux desktop application or bugfree microsoft release.

    Both are rather unlikely events within next decade...

    And as per this case - break the guts out of those Real Media guys. I don't want to think that RealMedia will have ANY connection or compatibility with my iPod. Let them rot in the world where they belong - Win32 crashspace.

  98. As an avid apple user by localman · · Score: 3, Informative

    Typing this on my 17" Powerbook and listening to my 3G iPod...

    Apple is being lame.

    Why do companies fight so hard to keep from reaching more customers and giving them what they want? Apple says they want to grow market share but they aren't doing a very good job. They spend a substantial portion of their energy preventing customers from doing what they want. Not that this is uncommon. But it's still stupid.

    And to all the apologists -- the DMCA is a destructive law and anyone who uses it is playing games with your freedom. Grow up: you can love the good things a company does and still hate the bad things a company does.

    I love Apple's OS and hardware, and I think their business practices suck. As long as people defend them for this stuff they'll keep shooting themselves in the foot. Give Apple a little tough love, eh?

    Cheers.

    1. Re:As an avid apple user by Anonymous Coward · · Score: 0

      Typing this on my 17" Powerbook Poseur laptop. Real people stick with the 15".

  99. Software = iPod Firmware by Vandil+X · · Score: 3, Insightful
    If you're not using the software, can apple make you agree to the software license?
    You are using the iPod's pre-loaded firmware/OS which requires iTunes to load music/manage the iPod.

    To use iTunes, you must accept the iTunes software license.

    Therefore, to use your iPod, you must accept the iTunes software license.

    That's the Catch-22.
    --
    Up, Up, Down, Down, Left, Right, Left, Right, B, A, START
    1. Re:Software = iPod Firmware by chris462 · · Score: 1
      You are using the iPod's pre-loaded firmware/OS which requires iTunes to load music/manage the iPod. [...]


      That's assuming, quite blindly, that you're using Windows 2000/XP or OS X. Last time I checked, though, plenty of people were using the iPod under Linux with neither hide nor hair of an iTunes installation in sight.

      Then there are people who used things like XPlay to get a Mac-formatted iPod to work on a Windows workstation.

      The iTunes/iPod coupling isn't as tight as you think, so the original question is still quite valid.
    2. Re:Software = iPod Firmware by SPYvSPY · · Score: 1

      Hello?! The firmware is still Apple's software. (Actually it's made by Pixo--some ex-Newton OS developers.)

    3. Re:Software = iPod Firmware by gilroy · · Score: 1
      Blockquoth the poster:

      That's assuming, quite blindly, that you're using Windows 2000/XP or OS X.

      OK, this is the question I can't seem to find answered (and no, there's no one around with an iPod for me to ask...): How crucial is iTunes? Can I use the iPod as a hard drive without installing it? Can I use it as an MP3 player?
    4. Re:Software = iPod Firmware by chris462 · · Score: 1
      OK, this is the question I can't seem to find answered (and no, there's no one around with an iPod for me to ask...): How crucial is iTunes? Can I use the iPod as a hard drive without installing it? Can I use it as an MP3 player?
      I'm not sure, really, because I totally dig iTunes. I haven't tried using the iPod w/out having the latest version of iTunes already installed.

      I know there's an iPod interface for WinAmp 5 (I know one of the guys that wrote some code for it). The iPod uses a database to store song info, so you can't just drop songs onto the HDD. You need some piece of software to update and/or manipulate that database so that the songs are accessible as playable music.

      There are people that use the thing with Linux, so I'd venture to bet that there are plenty of OSS alternatives to iTunes for handling playlist duties on the iPod.

      As for the HDD, though, that's a good question. I'd assume that, since it has a pretty basic FW/HDD interface, that you don't need drivers, but we all know what happens when you assume things.

      You might be ahead to hit up a place like iPodLounge.com and ask there.
    5. Re:Software = iPod Firmware by gilroy · · Score: 1
      Blockquoth the poster:

      The iPod uses a database to store song info, so you can't just drop songs onto the HDD.

      Wow. That's actually a serious and unncessary limitation. I have an Archos Jukebox and it has an MP3 player built in that can play songs based on the ID3 tags ... no special database needed. Central databaes offer up the potential of ugly nastiness.

      Hmm. I was just about to order a 40GB iPod but now I'll have to rethink.
    6. Re:Software = iPod Firmware by Anonymous Coward · · Score: 0

      The clicking of an agree button does not make a legally-binding contract. As such, the license being forced upon the consumer is null and void under the law. Click-through licensing is unenforceable. Using a product does not constitute your agreement to anything.

    7. Re:Software = iPod Firmware by dfghjk · · Score: 1

      At least on a PC, special software is required. The iPod does not appear as a FW/USB HDD. It wouldn't matter anyway as the filesystem is foreign and there's the issue of the database. XPlay provides an Explorer plugin that works great and is a far better choice than either iTunes for Windows or the MusicMatch abortion that preceeded it. No way I'd use iTunes for Windows as it is not a better jukebox than existing software, I have no interest in iTMS, and XPlay provides a file manager interface that allows me to control my music directly. No iTunes is a win-win on Windows.

    8. Re:Software = iPod Firmware by Mistah+Blue · · Score: 1

      When you hook your iPod up to your XP machine and run the iPod updater you will reformat the hard drive on the iPod to FAT32. This pre-supposes you are goin to use iTunes (which I do).

    9. Re:Software = iPod Firmware by Mistah+Blue · · Score: 1

      One other thing... You can use your iPod as a hard drive in Windows. However, you really shouldn't try to muck around with your music. They are in hidden directories. The database is an XML file. I like the iPod because it has a great form factor, is easy to use, and is a no-brainer with iTunes for Windows. Different strokes for different folks.

    10. Re:Software = iPod Firmware by shekel · · Score: 1

      What about using Ephod to load your songs? Seems like there are other options to ITunes out there for loading songs on your ipod.

  100. Begun this clone war has by cosmo7 · · Score: 4, Interesting

    I'm disgusted by Apple, but not by the fascism. I'm disgusted by the lack of logic:

    Apple makes a tiny profit with the iTMS. Their model is to make the serious dough selling iPods, so they actually make a profit out of online music, unlike the me-too services (BuyMusic, Walmart, Napster 2.0 etc).

    So why is Apple upset at Real's rather desperate attempt to support the iPod? Where's the harm?

    The only thing I can think of is that Apple is going to court to prevent any precedents being established regarding iPod reverse engineering in preparation for an iPod clone war.

    1. Re:Begun this clone war has by Anonymous Coward · · Score: 5, Insightful

      It's actually very logical. Apple derives value from producing a complete system. If Apple opened the iPod to, say, Windows Media, they would be relying on (and having to support) Microsoft's DRM technology. Same with Real- Apple has to worry about calls from customers who wonder why their Real files won't play on the iPod. If Apple makes a firmware change, they have to test against Real's (undocumented) hack. Remember, (l)users don't always make a distinction between vendors, they just want their $XXX gizmo to work, dammit! If I buy Real files that work today on my iPod but not tomorrow after an Apple software update, whose fault is it? Should Apple be required to maintain and pay for compatibility?

      The other issue, of course, is that if Apple adopts (or permits) other DRM technology, they lose value/exclusivity/licensing opportunities for AAC/Fairplay. It's the same principal as calling for a native Windows API (like Wine or Crossover Office) built into OS X. It's technically feasable to build VirtualPC functionality into OS X, but then third-party developers would abandon Mac software development completely in favor of one (Windows) codebase that would run anywhere. Apple would cede control of third-party development to Microsoft and be screwed. If Apple allows third-party DRM to work, nobody licenses Fairplay and Apple always has to incorporate Windows Media changes.

      Finally, there is a simple and legal way for any vendor to sell audio which can be directly used on an iPod. Numerous formats are supported by the iPod/iTunes/QuickTime platform, including MP3, WAV, AIFF, Audible, Apple Lossless, and AAC. Nothing (except the greedy record labels) is preventing Real from selling music in a supported format. After all, you don't hear Apple complaining about allofmp3.com do you?

    2. Re:Begun this clone war has by Anonymous Coward · · Score: 0

      Shorter Macanista apologist: Only Technomessiah Steve should be allowed to fuck me! Anyone fucking Technomessiah Steve is EVIL!!!

    3. Re:Begun this clone war has by grommitfry · · Score: 1

      I think Apple is upset because they are very vigilant about QUALITY. They take a lot of time and care in creating and marketing and designing their products, and their products work seamlessly together: the controlling the whole widget thing works well for them. When you get a craptacular product like Real. . . well, that degrades the whole overall iPod experience, and it ceases to be about the 1 cent per song profit they make at the iTMS and more about the overall joy of the iPod users. . . those who are using their 'Pods with Real are having less fun than those with the Apple-branded package, because it is outside the Apple sphere of influence. (and it sucks IMHO) And they tell their friends and sisters and soon, fewer 'Pods are sold . . . and then, the Dark Side gains strength.

    4. Re:Begun this clone war has by SUJovian · · Score: 1

      That's a valid point, but Apple is also in a war with Micro$oft's WMA to make their AAC the ubiquitous DRM format for music, and the market dominance of the iPod helps them accomplish this. If Apple allows RealNetworks the ability to play DRM .rm files on the iPod, they open the door to DRM .wma format on the iPod and their AAC format will fall into obsolescence.

      --
      Go hang a salami, I'm a lasagna hog
  101. All hot air by lpontiac · · Score: 1

    So, reverse engineering a protocol so you can interoperate with another company's product, even though said company would prefer you didn't, is bad in Apple's book ...

    I eagerly await the removal of Mac OS X's ability to access Windows shares.

  102. Interesting. by jrwillis · · Score: 1

    I'm no fan of Real Networks, but it should be fun to watch them go up againt Steve Jobs' Evil Empire.

    --
    Keep Austin Weird!
    1. Re:Interesting. by Hitchcock_Blonde · · Score: 0

      Evil Empire? Give me a break.

      --
      Karma Schmarma
  103. Think about this a minute by Anonymous Coward · · Score: 1, Insightful

    The majority of people posting about this are saying that Apple is being hypocritical for not wanting people to use their Real content on the iPods. Apple is NOT saying that the end users cant do this. They are saying it is not ok for another company to skirt around the copy protection that they put on their player to make it legal to sell songs. Now, by challenging this they may actually be doing everyone a favor. This will test if the DCMA is enforcable, and likely bring up some good questions that need to be asked about the rights of companies and what they can or can not control when they have 'sold' items under it. I am no fan of this law, but what a great way to challenge it by finding out it's limitations.

  104. Fuck off, dipshit by Anonymous Coward · · Score: 0

    Yeah, "brilliant". Fuck off.

  105. Responsibility to shareholders, that's why. by Thumpnugget · · Score: 4, Insightful

    Apple has a legal responsibility to its shareholders to protect the business interests of the company. The executives of the company can be held legally and financially responsible for not acting in the shareholder's interest if they do not do everything possible to protect their businesses' interests. That means using the laws on the books, like the DMCA, where necessary, to stop other companies from damaging the sales or image of Apple's products.

    It's not Apple that's screwed up, it's the (legal|economic) system. If you're a US citizen, start writing your Congresspeople and helping the campaigns of those who would improve the system.

    --
    Free yourself. Everything else will follow.
    1. Re:Responsibility to shareholders, that's why. by slipstick · · Score: 2, Insightful

      This argument is used by any corporation when they do something that is obviously against their previous stated "good guy" image.

      The fact is they need not do anything to Real as Real's "hack" does not hurt Apple's bottom line and would more likely help it. It is a tautology to say that having more choices of music formats on an iPOD will make it more attractive and likely increase sales of that device.

      Since Apple receives little benefit from iTMS the potential for lost sales there has little effect on their bottom line. The potential for increased iPOD sales far out ways any loss.

      Thus by sueing or threatening to sue Real they are in fact working AGAINST their share holders interests and should be stopped by your very argument from doing so.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    2. Re:Responsibility to shareholders, that's why. by Exatron · · Score: 1

      That still doesn't justify invoking the DMCA. Real's hack won't cause any damage to Apple because nearly all of the revenu generated by the iPod is from hardware sales. The ability to play another online music store's DRMed files can only be good for iPod sales because it gives potential buyers s bigger incentive to purchase the product. DMCA threats are much more likely to harm shareholder value than doing nothing in this case.

      --
      "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
      "Decepticons FOREVER!!!" - Ravage
    3. Re:Responsibility to shareholders, that's why. by Anonymous Coward · · Score: 0

      I would love to see M$ use the same arguments. When M$ does the same, I can bet that you would make a volte face immediately. Talk about hypocrisy.

    4. Re:Responsibility to shareholders, that's why. by Bricklets · · Score: 1

      Since Apple receives little benefit from iTMS the potential for lost sales there has little effect on their bottom line.

      3 years ago, Apple received little benefit from iPod. Perhaps they should have nipped it in the bud then and save the world a whole lot of trouble. /sarcasm

      --
      Little Bricklets
    5. Re:Responsibility to shareholders, that's why. by slipstick · · Score: 1

      Sarcasm only works if the analogy is somehow relevant. 3 years ago the profits from the iPod were small due to small numbers. By all indications iTMS is selling a tremendous number of songs(100 million or more was the last reference I've seen). So the analogy fails and so does your sarcasm.

      I give you points for trying though.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    6. Re:Responsibility to shareholders, that's why. by Bricklets · · Score: 1

      Thanks for the kind words, but you missed my implied points.

      1) Yes, iTMS is selling a tremendous number of songs, and, yet, they're only just barely breaking even. I don't remember the number, but apparently iTMS requires a non-trivial number of sales every week just to cover their costs. Imagine if they didn't sell as many songs. A break-even service then suddenly becomes a financial burden on Apple.

      2) Right now profits from iTMS are small due to the immaturity of the online music market. Who's to say that in 3 years or less iTMS won't be as big as the iPod is now. Just because Apple is saying iTMS is barely generating a profit now does not mean it will always be this way. A lot can change in a few years, as evidenced by the iPod revolution. In fact, I think Apple is betting on it.

      --
      Little Bricklets
    7. Re:Responsibility to shareholders, that's why. by slipstick · · Score: 1

      No problem. There's no need to have a contentious argument(this is an argument and not just contradiction after all).

      Oh and I didn't miss the implied point it's just best to side step them unless you need to admit to it. Otherwise there's no point in arguing. I have 4 brothers so I get a lot of practice at this. Hell I even get in to arguments with them when we agree on the point but disagree on the reasons the point is valid.

      Anyway,

      1) This point can't be divorced from the benefit derived from the sale of extra iPod's due to Real's actions. Apple would only be hurt by Real's move if the decrease in sales at iTMS were not offset by increased iPod sales. Since iPod sales garner far more benefit per unit than iTMS sales it would take alot of lost iTMS sales to see an overall negative effect on Apple.

      2) For iTMS to prosper as a revenue generation scheme on its own it must attract sales from non-iPod owners, otherwise we're just back to number 1). Thus Apple must make it's proprietary format available on other players, it's possible if not likely that if Apple stops Real from their actions here by some legal manuevering that they will be stopped in the same way in the future(e.g. a potential Microsoft player & music store). Secondly, since Apple owns both the iPod and iTMS they must be extremely careful in regards to "anti-competitive" behaviour. You can't use one product to "lock" users in to the use of another. Secondly, since this argument is about Apple using the DMCA "for the good of the shareholders", more good is actually derived from Apple licensing Real's formats on the iPod than trying to stop them. By licensing Real they derive benefits from all songs played on the iPod(which is the goal of iTMS), they do not set themselves up for potential lawsuits due to "anti-competitive" behaviour, and they do not set a precedent that could easily be used against them by a third(much bigger) party. This could also easily become a public relations nightmare, when people's perceptions that Apple is trying to lock them in overshadows the reality that any old MP3 can be played on an iPod. Consider what will happen when Microsoft releases their own device that actually has the same "coolness" factor as the iPod but it can connect and download from 20 different vendors but the iPod is limited to iTMS. I'm sorry but not even this argument seems to stand up to strict scrutiny. It would be much,much better, especially right now when on-line music downloading is in it's nascient phase, for Apple to license it's DRM and/or license 3rd parties to play their format on the iPod than to deny them that ability and try to fight them in court. For iTMS to survive Apple will need allies, there are much bigger competitors out there than Real, and Apple is just setting themselves up for the wrong precedent.

      So, while I consider point 2) to be a much stronger argument than point 1), it is not a good enough argument(IMHO) to justify Apple's threat of using the DMCA.

      --
      Sure information wants to be free, but how much are you willing to pay for the packaging?
    8. Re:Responsibility to shareholders, that's why. by Ohreally_factor · · Score: 1

      So far, Apple hasn't sued Real. They've given a preliminary legal saber rattle, which should't be shocking. It will be interesting to see what Apple actually does.

      What would be really whack is if Apple sued under DMCA because they (hypothetically) might maintain that the Fairplay DRM protects the iPod (from music from unauthorized vendors) as well as the iTMS music. I hope they don't do this. I doubt they will, but who knows? What Would Darl Do?

      Anyway, your points are well taken. I agree that Apple will need more allies (more like HP and Motorola) in this DRM format battle, but Real isn't one of them. I consider Real to be not much better than SCOG/Caldera.

      Apple doesn't have to be quite as careful as, say, Microsoft in the realm of anti-competitive behavior. Although Apple clearly has the lead in this new area, it's much too early to say that they have an undisputed monopoly. And so long as RIAA has the stranglehold that they do, I think it will be hard to argue that Apple can have a monopoly. If Apple were to force an exclusive licensing deal from the RIAA denying all other online music vendors music to sell (when monkeys fly out of all our butts), then sure. It'll be safe to say they have a monopoly.

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:Responsibility to shareholders, that's why. by Bricklets · · Score: 1

      1) First, you're assuming Real's store will help sell iPods. I don't even think iTunes is much of a factor when someone purchases an iPod, so I highly doubt that will be different for any other (IMO) lesser online music store. Second, I believe Apple's fix costs for running iTMS are quite high, so even a small reduction in sales every week could result in iTMS losing money. I've heard numbers as low as 1 million and as high as 2.5 million sales needed every week just to break even.

      2) You make a lot of good points here. I'll try to address a couple of them. Currently, iPod is indisputedly the #1 MP3 player available, so for now it is not necessary for iTunes to be compatible with any other player. Currently, iTunes is indisputedly the #1 online music store, so for now it is not necessary for iPods to be compatible with any other music store. They both came to dominate the market on their own merits, so I don't forsee any anti-trust issues.

      As for the rest of your arguments, you make the assumption that Apple will in the end fall to Microsoft. You may very well be right, but at this point I honestly am not certain what the outcome will be (though I will admit I wish Apple to come out winning). It looks like Apple has been playing their cards right, but I do have tremendous respect for Microsoft's drive to compete.

      I will add that for iTunes Apple appears to be using the same strategy they used for the iPod. Initially, Apple focused on making Mac users happy by offering the iPod. While people were complaining how Apple was short-sighted by not making it PC-compatible, they were busy tweaking the device. Two years later they released a PC-compatible model and have ripped through the competition ever since. The same can be said for iTunes. Right now, Apple is focused on making a core group (iPod owners) happy by offering iTMS. Improvements are constantly being made, but many people are complaining how short-sighted Apple is for not making iTMS compatible with all devices. It does sound familiar.

      --
      Little Bricklets
  106. Are people still using Real? by pico303 · · Score: 1

    Is anyone out there serious using Real for anything? Haven't we all gotten sick of the huge marketing machine behind everything they do. Popups everywhere, sales offers out the wazoo. You can't do anything with their software without being hassled about buying something else. They're the worst kind of Internet company.

    I used to use their Jukebox software a few years ago. It was great, iTunes years before iTunes. I dumped it only because it kept hassling me to upgrade, buy RealPlayer, buy this, buy that. It was unbearably annoying, and none of it could be shut off.

    Honestly, I don't think this is as terrible a thing as Apple might fear. I do agree that they need to nip it in the bud to prevent Microsoft from doing something similar. I can't see a whole lot of competition from Real (right now their acting like spoiled children), and I certainly don't plan to install it on my iPod!

  107. disHarmony by electricdream · · Score: 1

    while it sucks that reverse engineering is a violation of the DMCA and that Apple is considering lawsuits based on such an insipid law, i'm not terribly upset about the "may not work in the future" statement. i don't think stating that Harmony "may not work in the future" is totally out of line. there tends to be an update to the iPod software once every 3-6 months and if you are reverse engineering a closed api that changes that regularly you've got to expect it to break. that said, ya apple should proably open their api or at least license it.

    what i do think this is, is a sign of the serious hurt that Real Networks is feeling. They should have been the company who invented iTunes, they should have been the company that invented the iPod, they were positioned early on to own audio on the internet and they totally botched it. i think this is a desperate move to get attention and maybe a little revenue before they slip away into their well deserved oblivion.

    --
    -- force and mind are opposites; morality ends where a gun begins ayn rand
  108. why it matters to consumers what Apple thinks... by johnpaul191 · · Score: 1

    it's already rumored Real was in talkes to liscence their technology to sneak songs onto the iPod (making money of this trick)..... if that happens then the other music stores will advertise their music as "works with Apple's iPod". if in some firmware/hardware/software revision it stops working you know Real will blame Apple for changing technology.... which they often do already.

    By allowing it, that is kind of consenting to it... and doesn't that set up some degree of responsibility to make sure it works in the future?

  109. So Apple's worried more people will buy iPods? by port3389 · · Score: 1

    I don't understand the response from Apple since you can play regular MP3 songs (non Apple) on the iPod.

    I think the recording companies might be concerned with whatever *magic* Real is doing incase it somehow alters or removes the DRM copy protection that Real's music store uses.

    Field guide to playing music on an iPod:

    *Get* an MP3 from Kazza
    1. play on iPod
    Buy a song from Apple
    1. play on iPod
    Buy a (whole) CD from Best Buy
    1. rip to MP3
    2. play on iPod
    Buy a song from Real (before Harmony), Napster, walmart, Cokemusic.com, etc.
    1. burn to CD
    2. rip to MP3
    3. play on iPod

    1. Re:So Apple's worried more people will buy iPods? by stratjakt · · Score: 2, Interesting

      Apple is pissed that it's competition wants to play by the same rules as them.

      Apple has it's DRM. The very fact that they have that DRM opens a lot of doors as far as content for iTunes, RIAA members dont want the stuff downloadable if it isn't locked somehow. Ie; un-DRMed mp3s.

      Real's "hack" was being able to impose the same DRM on their downloads. Apple didn't have a problem if they were offering unlocked downloads, because RIAA members wouldn't allow Real to carry their stuff, hence, Real would have no library and thus provide no competition to iTunes.

      They don't like the idea that some company like Real or MSFT may one day offer a better service, with a wider library, lower rates, etc..

      Real wants to play by the exact same rules as Apple, and that's something Apple won't allow.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:So Apple's worried more people will buy iPods? by Anonymous Coward · · Score: 0

      Apple is pissed because Real *does not* want to play by the same rules.

      Apple has done specific, public things to build the iPod brand, and the iTMS experience.

      Let's look them over:

      Introduce a free music player for computers that easily allows one to rip music from CD.

      Invest in product; Advertise this fact via print, tv, radio, online

      Integrate music player into existing multimedia suite.

      Create handheld portable Hard Disk music player with easy to use hardware and software. Allow player to sync with aformentioned music player with ease and speed so that user can take ripped music along.

      Invest in product; Advertise this fact via print, tv, radio, online, product placement.

      Expand market for aformented device by adding features to new hardware revision, support for wider range of computers.

      Invest in product; Advertise this fact via print, tv, radio, online, product placement.

      Instigate the creation of a new legal download market, that is simple to use.

      Futher improve iPod, by adding playback support for better codec.

      Invest in product; Advertise this fact via print, tv, radio, online

      Introduce high quality online legal music download store for iPod owners using a certain type of computer.

      Market this product, as above.

      Broaden retail partnerships for music player. Introduce retail friendly features into store (gift certs and pre-paid cards)

      Introduce lower price point version of music device, with smaller footprint.

      Market this product, as above...with a "lifestyle" twist.

      Broaden appeal and reach of iTMS by expanding type of computers supported. Further expand by building International iTMS.

      Introduce improved version of regular music device. Begin worldwide shipment of mini music device.

      Market.

      Now...if we look over Real's track record with thier audio hardware and RealPlayer Music Store strategy, we see a *very different picture*...

      Lotta missed steps. Lotta shortcuts.

      The market seems to have spoken. No thanks, Real.

      Real's investment was virtually nil compared to Apple's across the board.

      And they were rewarded for their efforts.

      The thing becomes a sinkhole...what to do? Do we go back and focus on some of those missed steps?

      Nope. We have a public pissing match with Apple "not allowing us to sell" on a platform or product they invested *nothing* in.

      Apple sees it for what it was and told them to essentially "go back and do the *legwork* guys, then meet us back here. 'Til then we're not interested."

      Real does NOT do this. I don't see no 'realPod' equivilent anywhere. Not a single commercial for RealPlayer...you get the idea.

      No, instead, they hatch a plan to essentially leech off Apple, then if they can get away with it, sell leeches to others as well, thus theoretically adding cash into their poorly executed, cut-rate half-effort, serving NO ONE but themselves.

      But...but...let's play "politics" and make it about "consumer choice" and "opening up the market."

      Utter, total BULL. The market to build a product, build a brand, expand it and partner with others is WIDE OPEN.

      MicroSoft and partners, unlike Real, are actually *doing the legwork* and when their product is introduced in the fall, we'll see what its *supposed* to be like.

      An actually *well executed* (ok, as well as one can hope for on Win32) product intro, launch and brand-building effort.

      That is what Real was *supposed* to do. They will continue to be a little-regarded curiousity in this space unless/until they actually come to play.

      *THAT's* what I think Apple is pissed about.

      -Kai

  110. I honestly don't see anything wrong... by chizu · · Score: 1

    with what Real did. It could easily be argued that they are making the iPod a more valuable product to consumers. It plays more music now right?

  111. MP3's by littleghoti · · Score: 1

    Real could sell MP3's if they truly wanted cross-platform compatibility. As it is, they are selling a dirty kludge which is not accepted by apple. If you buy your tunes from real, but apple update their firmware, killing your bought tunes, who gets the flak? Is it apples fault for having a shitty player, or reals for hacking a player that they have no reason too (see above re selling MP3's). Of course apple, are bad for not selling restriction-free MP3's too, but it is their player and they can do what they want with it. They just don't want reals sucky ....bufffering..... performance associated with their cool brand. And who can blame them?

  112. Get real, kids. by presearch · · Score: 2, Insightful

    Maybe somebody else has already made this point,
    but there's too many misinformed or prejudicial
    post here to slog through them all.

    I think Apple's stance is reasonable.
    They have to defend FairPlay DRM every time or it
    sets precedence and it gets more troublesome the next time
    somebody messes with it.

    Apple's best justification is that iTMS isn't selling it's own
    content, it's belongs to the record labels and Apple has to
    show best effort in not allowing piracy if it expects to
    continue to do favorable trade with the labels now and
    in the future. It's a business folks.

    Sure, it would be nice if iTMS used non-DRM'ed files, but
    wishing for that it just childish fantasy. Apple has been
    generous with what they do allow: iPods support several formats,
    you can share FairPlay protected files on several computers,
    and burning to CD is permitted. Plus, iTMS was a reasonably
    large selection, they provide a lot of added value with the
    store's feature set and integration with iTunes (which, by
    itself is free and has lots of features as well).

    I also think that anybody out there that thinks that Real's
    intent was to strike a blow for music freedom is seriously deluded.

  113. good for the goose... by LMCBoy · · Score: 0, Offtopic

    This from the company founded by the two Steves, whose first endeavor was selling "Blue Boxes" which allowed people to make free long distance phone calls.

    Rip, mix, burn. Burn, baby, burn.

    --
    Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
  114. Shut your fucking face, cockgobbler. by Anonymous Coward · · Score: 0

    Yeah, "Fuck off." As Teresa says: Shove it.

  115. What does Real have that ITMS Doesn't? by ericdano · · Score: 1
    That is the question. Seems that all they offer is a "subscription service". Ok.......

    On the other side, I would think the RIAA would be a little concerned as well. Would you want your product (IE: music) to be sold via an unlicensed hack, or via the iTunes music store? I would think the latter. Maybe Apple and the RIAA will pressure Real to drop this.

    And, I think it's a little funny that Real was saying not even a year ago that Apple was going to create problems for itself by keeping the iPod closed. Yet, Real now has developed a hack to get it's "product" to work with the iPod? I don't get it.

    --
    It's either on the beat or off the beat, it's that easy.
    I moderate therefore I rule!
    --
    1. Re:What does Real have that ITMS Doesn't? by Anonymous Coward · · Score: 0

      Real has two distinct products: Rhapsody, and the Real Music Store. Rhapsody is the subscription-based service (all you can eat for 10 bucks a month). The Real Music Store is just like the iTMS. Their library isn't quite as big, but it's close. The licensing schemes are very similar (playback on 3 machines at the same time, limited burns, etc.) They both use encrypted AAC (albeit a different encryption format). The tracks are the same price, $.99. The big difference is that the Real tracks are encoded at 192K, and the iTMS tracks are 128K. For those who don't like to hear the encoding artifacts as the track is playing, or who make audio CD backups that they want to be worth listening to, it makes a big difference.

  116. Um, no by Anonymous Coward · · Score: 0

    "Hacker" is not a "technical" word, at all. It's a word. And it's been redefined. Merriam-Webster, Dictionary.com, and Oxford English Dictionary, the definitive reference for the English language, all agree. Like "marriage". You're not arguing that a word "marriage" can't be redefined to include gay couples, are you? (I'd think not, since you must be a flaming liberal - or flaming - if you're posting to slashdot.)

    1. Re:Um, no by Anonymous Coward · · Score: 0

      All right, we can argue a lot about whether "hacker" is or is not a technical word, but it seems quite certain that it is related to technology, is it not ? As for the Oxford English Dictionnary, I certainly would very much consider its optinion about common words, but I would rather trust specialised litterature for technical subjects -- is this perticular case, I very much believe that The Jargon File applies more.

      As for my political opinions, they are, if you allow me, my own concern ; anyway, United-States-of-American political families do not always make sense in other countries. And as for marriage, it is a religious or civil union defined by law, not by dictionnaries.

  117. No quite so... by KZigurs · · Score: 1

    See the context. And now - imagine Real Networks appearing on user desktops again...

    Sorry. You, of course, are right, but - there isn't only an issue about Apple fanboys. It's just as much about Real Networks.

    And that's a bad thing. They should have ceased to exist a long long long long long time ago.

    1. Re:No quite so... by Basehart · · Score: 1

      What, exactly, does Real do anyway?

  118. Apple is "guilty" of the same thing by Hamster+Lover · · Score: 3, Insightful

    Since, what, OS 10.1 or so Apple software has been able to interopt with Microsoft Exchange servers, collect mail and browse windows networks. In other words, Macs can now compete with PCs in a workplace environment. Microsoft has not said a peep or threatened to invoke the DMCA (not that they could since interoptability is addressed by the DMCA, I suppose).

    How is what Real did any different? They took a product, reverse engineered it and implemented their own technology to work with Ipods. If Real is guilty of violating the DMCA then so is Apple. Hello, Pot? Yeah, this is the Kettle Black...

    1. Re:Apple is "guilty" of the same thing by leperkuhn · · Score: 1

      Have you tried it? You actually have to set up the exchange server to allow it.

      You can't just type in your exchange server and get it to work.

      --
      http://www.rustyrazorblade.com
  119. Re:The horror! THE HORROR! by Dr.Dubious+DDQ · · Score: 1

    That'd be fun to watch. Meanwhile, I'll be wondering if it's possible to set up a WebDAV file sharing repository that performs well enough to replace CIFS/SMB and get off of that standard entirely...

  120. Competition by Merlinium · · Score: 2, Insightful

    "The reason would not be because Real is a threat (they aren't), but because of the precedent it sets," he added in the e-mail. "Microsoft will be coming out with their own online music shop this fall, and they will be a threat. Better to nip such competition in the bud."

    Yeah, we don't want competition of any sort, it might make them lower the price or offer better features. So anytime there might be competition, let us just fight them in court using the DCMA, or the Patriot Act, or if that fails, lets pressure our personally paid for senator to pass a law that will allow us to crush our competition.

    --
    If firefighters fight fire and crime fighters fight crime, what do Freedom fighters fight?
  121. WHAT device lock-in, indeed by RetiredMidn · · Score: 2, Informative
    I have an iPod, and have over a week's worth of music on it, all in MP3 format. Any device or program that can spit out MP3s is compatible with the iPod. There is no lock in.

    ...and I have a Creative Labs NOMAD II MP3 player (flash-based), that I load from iTunes. The iPod is not the only player you can use with iTunes.

    Yes, I do have to stand on my head to convert purchased (DRM'd) songs to MP3, but I am not locked out. Or in. Whatever.

    1. Re:WHAT device lock-in, indeed by Anonymous Coward · · Score: 0

      You do understand that standing on your head like that is illegal under the same law Apple is threatening to sue Real.

    2. Re:WHAT device lock-in, indeed by RetiredMidn · · Score: 1

      Yes, AC, and I also understand that there's a world of difference between the circumstances and that I need have no fear of being sued.

  122. Why bother? by inkdesign · · Score: 2, Insightful

    I can't imagine anyone being swayed into using Real's service based on this very shaky compatibility, as they've already invested in an iPod, and at that point, why risk the money purchasing songs in Real's format which may or may not work with the iPod forever? Seems to me that Real is inviting a legal battle upon themselves with very little chance of profit, and of dubious benefit to consumers.

  123. they've no legal leg by Ender+Ryan · · Score: 3, Interesting
    As far as the legal situation is concerned, I think Apple has nothing to stand on. As long as Real doesn't do anything to allow consumers to copy copyrighted works, Real can reverse engineer to their heart's content, and so can any iPod competitors. They can't, however, "steal" Apple's copyrighted code and/or copy anything Apple has patents for, which should be just certain aspects of the iPod interface.

    I mean, Christ on a crutch, it's a pretty simple device... Not like every electronics company hasn't already made something similar. It shouldn't be too difficult at all to make something iPod compatible.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  124. They CANT use the DMCA by autopr0n · · Score: 3, Interesting

    The DMCA makes reverse engineering for interoperability (which is exactly what real did) explicitly legal. Apple has no case under the DMCA, unless they can prove that real's software prevents their copy-protection from working.

    --
    autopr0n is like, down and stuff.
  125. Real isn't who Apple is concerned about by kevinmf · · Score: 2, Interesting
    Apple probably doesn't see Real as a threat for obvious reasons. There's no way Real will take a big bite out of their profits. Who they are worried about is Microsoft.

    Microsoft is supposed to be launching their own online music store soon, and preventing Real from reverse engineering their iPod will send a message to Microsoft who, if nothing is done, has no reason not to do the same thing and make the iPod play their proprietary formats with their DRM or whatever.

    Apple is just covering their ass, becuase once Microsoft steps up to the plate, who knows what will happen. Especially considering new windows releases could have a built in link to microsofts online music store, not unlike how they propigated IE through the masses. Something like that has the potential to CRUSH iTunes.

    Good job apple for having the foresight to see what could potentially happen and at least try doing something about it.

  126. Real is suddenly the good guy? by Mustang+Matt · · Score: 1

    I've always hated the Real format because of clunky players, etc.

    But I don't think there is anything wrong with what they've done.

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
  127. Portfolio check! by nortcele · · Score: 0, Flamebait
    All those that think Apple is doing the right thing and you don't own their stock.... raise your hands.

    I thought so, you little capitalists.

    All those that think Real is scum regardless of what they are doing and what stocks are in your portfolio... raise your hands.

  128. They're afraid of competition. by Anonymous Coward · · Score: 0

    Why not slap all the 3rd party iPod utility software writers with dmca lawsuits?
    Real are not removing protection from any music they're ENCODING protected music for compatibility.
    Seems pretty fair to me, if Apple want to test the dmca or their one-click eula let them try.
    Don't be surprised if there's a backlash by the media and by iPod owners who appreciate the benefits of competition like more choice, lower prices and higher quality encoded music.
    Get used to it.
    True for the reverse - it's just a matter of time before we have iTunes compatible players from China/Korea/Taiwan flooding the market.

  129. New press release from Real by Anonymous Coward · · Score: 0
    Thought this may be interesting. Real just put this out to the press about 45 minutes ago:

    RealNetworks Statement about Harmony Technology and Creating Consumer Choice

    Real is delighted by initial consumer and music industry support for Harmony. Compatibility, choice and quality are critically important to consumers and Harmony provides all of these to users of the iPod and over 70 other music devices including those from Creative, Rio, iRiver, and others. RealPlayer Music Store provides the highest sound quality of any download music service. That's why so many consumers have welcomed news of Harmony. Consumers, and not Apple, should be the ones choosing what music goes on their iPod.

    Harmony follows in a well established tradition of fully legal, independently developed paths to achieve compatibility. There is ample and clear precedent for this activity, for instance the first IBM compatible PCs from Compaq. Harmony creates a way to lock content from Real's music store in a way that is compatible with the iPod, Windows Media DRM devices, and Helix DRM devices. Harmony technology does not remove or disable any digital rights management system. Apple has suggested that new laws such as the DMCA are relevant to this dispute. In fact, the DMCA is not designed to prevent the creation of new methods of locking content and explicitly allows the creation of interoperable software.

    We remain fully committed to Harmony and to giving millions of consumers who own portable music devices, including the Apple iPod, choice and compatibility.

  130. Argh! Moral ethics being torn asunder... by Mr.+Cancelled · · Score: 3, Insightful
    On one hand we have Real, a company I have long held disdain for. To briefly touch upon some of the reasons why I don't like them,
    1. Their software sucks! The whole buffering joke aside, it's performance has never been close to that of competitors offerings IMHO. Why they've always been considered such a player in the tech game is beyond me.

    2. Their website and countless annoying ads are very misleading. Only recently, after a couple of years of people complaining about how hard it is to find the free version of realplayer, have they made it a little easier to get at.

      Historically, their marketing efforts seemed to revolve around enticing a user to their site with promised freebees, and then once the user had exhausted their patience looking for said freebies, they seem to hope that they'll just get disgusted and buy the full version. Not cool!

    3. Their half-assed attempts at supporting non-Windows platforms is ridicuous. Perhaps this has changed recently (I gave up on them long ago), but historically, their multi platform support seemed to amount to "We support Linux, OSX, Beos, you name it (provided you don't want the majority of the features of the Windows version, and are willing to settle for a version that's about 3 generations behind the Windows version).
    I could go on, but nuff' said.

    And now Apple's coming down on them for making their precious ipod do something Apple didn't intend for?? You don't see them coming down on the people making addons for it (which coincidentally also make it do things Apple didn't intend), so why now Real???

    I'll be honest. When/if I buy an ipod, it's frickin' mine, and I will do with it what I want. Consumers are being robbed by todays's legislative tactics (everything from the DMCA to the Homeland Security act ensures that big business's get bigger, and the little people lose out). Apple... I love you, and recently bought one of your G5's, but don't make me hate you so much that I see the Wintel platform as an equal or better solution to give my money to.

    Man... Apple was originally started by hackers and here they are acting like they're so above that, and that Real's some little criminal group. Get real. If you want our money, let us actually own the hardware and do with it what we want (especially considering the cost of your products)!!
    1. Re:Argh! Moral ethics being torn asunder... by TiggsPanther · · Score: 1

      This is a very loaded situation, and it's hard to see who (if anyone) is in the "right".
      But one thing's for sure, if Apple are in the wrong, Real definitely are too.

      Remember, so far Apple haven't exactly been standing idly by and letting things like Hymn and PlayFair slip by unchanllenged. Although all they've done in those cases is change things on each update so that the current versions don't work.
      Apple knows what they're doing here. They could use the law and come down like a ton of bricks. But this wouldn't do anything good at all. It wouldn't stop the attempts, and it'd but Apple in a wholly bad light.

      This think with Real is a whole 'nother situation. On the face of it it's similar - removing some of the restrictions on Digital music. But under the surface it's very different.
      This isn't hobbyists trying to get their hardware to do what they want, nor is it "heroes" trying to work around DRM. This is a rival company using dubious methods to increase their potential customer-base at any costs - a tactic Real has been using for years.

      Trying to hack a rival company's product to play your closed format in addition to their own is not a noble cause.
      Problem is it's put Apple between a rock and a hard place. If they allow this, it's a bad thing. If they don't then they look like the Bad Guy.

      From what I understand about iTunes (never installed it under Windows - and recently moved fully to Linux at home so not in a position to do so) it already allows you to shift (unprotected) MP3, WMA and AAC files onto the iPod. And if it doesn't take any other formats (Ogg Vorbis, for example) it's usually possible to reencode the files. Especially seeing that some people these days tend to rip in FLAC and then transcode to whatever they need afterwards from a single high-quality-yet-still-compressed source.
      And for those who like to pay for music and won't (or can't) use iTMS the you can still rip from CD using iTunes. So it's not exactly as if iPod owners have no choice at all. Especially seeing that Real's store is, AFAICT, available in less places than iTMS.

      Though Linux support would be nice. Those iPods look really sweet, but I'm now not in a position to use one. (Side-question: How well do the Karma and the IRiver work alongside Linux?)

      Apple sure ain't perfect in this, but much as I disagree with their statement and methods I don't think they should just stand back. Real had their chance. They tried to go the license route. Apple chose to deny the request - and it was their choice to do so. And OK, Real have only gone the same route many home geeks take, but I doubt they wouldn't scream blue murder if the situation was reversed.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  131. How the fuck is this stealing? by autopr0n · · Score: 2

    This isn't stealing, or hacking, or cracking, or anything else. It's reverse engineering, a practice that is protected under the DMCA. In the Woz/Linus/ESR sense of the word, though, this is hacking. Maybe that's what apple was complaining about.

    --
    autopr0n is like, down and stuff.
  132. Not cool? by GCP · · Score: 4, Insightful

    I don't care a bit about the malware makers at Real, but what's uncool is people massively buying iPods instead of players that support multiple, vendor-neutral standards.

    I want my player to be a big file system in a small box that supports OGG, MP3, FLAC, WAV, SPEEX, and eventually popular video formats, HTML, etc. as well. I want it to be able to record to those formats, too, off the built-in AM/FM radio and from line-in. I want it to support downloadable codec plug-ins.

    If it holds "several thousand songs" and I buy that many at a dollar a piece from an online store, I want my wife to be able to play them, too, and if some other maker of these little media boxes comes out with a box that I like more, I want to be able to just drag my files out of the old box and into the new box with no loss of files or file quality.

    I'd like to reward manufacturers (such as iRiver) that take this approach by giving them my business, and I wish more people did likewise to drive the competition in open media players.

    --
    "Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
    1. Re:Not cool? by Cobalt+Jacket · · Score: 4, Insightful

      Who cares. You represent less than 1% of the market.

    2. Re:Not cool? by jdh-22 · · Score: 4, Insightful

      The things that you have listed there are things YOU look into for an media player, not every wants the same things. Most people are very satisified with their iPod. The easy of us, makes it confortable enough to forget about multiple formats, mp3s and ACC compression sounds great.

      If the iPod wasn't what people were looking for people wouldn't buy it. Real wants a peice of the market, and is going the wrong way about it. There are plent of other media players, but Apple has proven that the iPod is the sexiest, easiest to use media player around. If YOU don't like it, use your money and show Apple what you do want.

      --
      Every Super Villan uses Linux.
    3. Re:Not cool? by Midnight+Thunder · · Score: 2, Informative

      iPod supports WAV, MP3, AAC and AIFF. FLAC and OGG would be nice, as would the radio. Though I must admit most other players offer me properiety WMV or ATRAC, insted of AAC with 'Fairplay'. Its one devil or the other.

      AAC is to MPEG 4, what MP3 is to MPEG 1 & 2, see my post, just not the Fairplay part.

      --
      Jumpstart the tartan drive.
    4. Re:Not cool? by Anonymous Coward · · Score: 0

      haha, I'm listening to my iRiver iHP-140 right now and laughing at the iPOD owners.

      My next firmware upgrade is supposedly going to open up support for ALL these music stores in so much as they want to co-operate... your last firmware upgrade required you to buy a new players cause Apple won't just give away anything useful... and now it looks like your next firmware upgrade will cripple the player... pure genious!

    5. Re:Not cool? by mrchaotica · · Score: 1

      Almost all the other player support WMA. There's (almost) no choice to not support proprietary standards, so I'd much rather support Apple than Microsoft.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:Not cool? by YouHaveSnail · · Score: 2, Insightful

      I don't care a bit about the malware makers at Real, but what's uncool is people massively buying iPods instead of players that support multiple, vendor-neutral standards.

      iPod supports multiple, vendor-neutral standards (or perhaps a better words is "formats"). MP3, AAC, WAV, AIFF.

      I want my player to be a big file system in a small box that supports OGG, MP3, FLAC, WAV, SPEEX,

      iPod is pretty much that... a big file system in a small box. You can store whatever data you want on it, including OGG, FLAC, SPEEX, but if you want the file system to also play music, you'd best stick with MP3, AAC, etc.

      and eventually popular video formats, HTML, etc. as well.

      Again, you can store whatever you want on an iPod. As for video, I hear that Peter Jackson used a bunch of iPods for transferring digital video from the set to the editing facility during production of the Lord of the Rings movies. If it's good enough for storing LOTR scenes, it's good enough for carrying around clips of my dog.

      Now as far as actually playing the video, I think you'd be disappointed with the fidelity of the current iPod's screen. Black and white, comparatively low resolution... it just wouldn't do. But don't think that Apple isn't a few steps ahead of you on this idea.

      HTML... again, you can certainly store all the HTML you want on your iPod (up to 20GB), but displaying it, not so much. Would you really want to view 20GB of HTML on a small black and white screen?

      I want it to be able to record to those formats, too, off the built-in AM/FM radio and from line-in.

      Your issue here isn't so much with Apple as it is with the record companies. As I understand it, they're not so keen on giving music away. If you can come up with a reasonable (as defined by them) DRM and licensing scheme that benefits their bottom lines, you might have something.

      I want it to support downloadable codec plug-ins.

      What you really want is for Apple to give you the API for writing your own codecs.

      If it holds "several thousand songs" and I buy that many at a dollar a piece from an online store, I want my wife to be able to play them, too,

      So far, so good. You can download songs from iTMS onto as many iPods as you want if I'm not mistaken. (Haven't tried it with large numbers of iPods, but small numbers are okay.) And you can share tunes with other machines on your network, up to a small-ish limit.

      Frankly, it seems that your issues really revolve around Apple's DRM. And all the legit stores and players use DRM, it's just a matter of whose. If you want music without DRM, you'll have to fight with the copyright owners, and they haven't been friendly these last few years.

    7. Re:Not cool? by Captain+Splendid · · Score: 1
      I want my player to be a big file system in a small box that supports OGG, MP3, FLAC, WAV, SPEEX, and eventually popular video formats, HTML, etc. as well. I want it to be able to record to those formats, too, off the built-in AM/FM radio and from line-in. I want it to support downloadable codec plug-ins.

      Then build the damn thing, or find a way to hack your mp3 player of choice, it's the only way. No major manufacturer's going to bother doing all that for you.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    8. Re:Not cool? by Anonymous Coward · · Score: 0

      what's uncool is people massively buying iPods instead of players that support multiple, vendor-neutral standards.

      People buy what they want, for any number of reasons. Your approval isn't required.

    9. Re:Not cool? by wolrahnaes · · Score: 1

      Umm...that's the COMPUTER sales. The iPod is by far the dominant portable audio player.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    10. Re:Not cool? by ObiWanKenblowme · · Score: 1

      That's funny, I don't remember being required to buy anything with my last iPod firmware upgrade. And please, do tell, how is this next firmware update going to "cripple" my iPod? Oh, I get it - you're trying to make it sound like I'm being treated poorly as a customer because someone isn't giving away free new features.

      If Apple "just gave away anything useful" then Apple wouldn't be in business anymore, and I wouldn't be able to have any of Apple's useful products. I think that, for the most part, Apple does a decent job balancing support for existing users and charging for the latest and greatest new features. Problem is, there's a rather vocal percentage of the /. crowd seems to feel the need to attack anything they percieve as popular or mainstream. You like your player better? Fine, I honestly could care less. I didn't buy an iPod to impress you, I bought one because it matched the feature set I was shopping for. Try to keep in mind that your preferred feature set isn't the same as everyone else's, and if you're really that happy with your iRiver then quit being so smug and enjoy your music.

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
  133. Re:The horror! THE HORROR! by Anonymous Coward · · Score: 0

    "... A company spends MILLIONS, perhaps even BILLIONS to come up with their own proprietary mechanism...."

    Didn't MS buy NetBIOS from IBM? Though they may have augmented it, I don't think they came up with their own proprietary mechanism

  134. On the subject of "Apple fanboy reaction" by kongtomorrow · · Score: 2, Interesting

    There sure are a lot of pro-Apple comments here, but honestly I don't think it's because of a double standard for Apple. It's because of this: we desperately want online music to succeed. On the subject of DRM, I don't like it much at all, but I am willing to put up with it because 1) being able to buy music online is great and 2) I know that I'll always be able to download some program to crack it if I need to.

    *However*, I do *not* want that last point splashed across the pages of the new york times. If it's common knowledge that the DRM is not an obstacle, and if the record companies *know* that we all know it isn't an obstacle, they're not going to want to play ball anymore. And I can't buy stuff for decent prices in the iTunes music store.

    So I think in this article we have a lot of people with an automatic dislike for what Real's doing, and they may not be justifying it for the right reasons. In particular, philosophically, I agree with Real's right to do what they're doing. But goddammit, STOP IT.

    1. Re:On the subject of "Apple fanboy reaction" by ocelotbob · · Score: 1

      Apple could have stopped this battle months ago and licensed FairPlay to real. Instead, they decided to take the whole pie and keep ITMS the only game in town. So, Real did what anyone with any sense of spirit and cojones would do and worked around the flaw by reverse engineering fairplay enough to let real stick their protected content onto the iPod. It doesn't unlock the files bought from iTMS, it merely lets another store put content in there too. And if the fate of all online music depends on a company that is being a prick about licensing its tech, did we ever really stand a chance anyways?

      --

      Marxism is the opiate of dumbasses

  135. I don't get it by grocer · · Score: 1

    I'm all for Apple protecting it's patents and technology it ligitimently owns. Fine, okay, whatever...but if you build a harddrive based player that runs linux and plays open formats (MP3, AAC, AIFF, WAV), didja ever stop to think someone could write a kernel that creates an MP3 stream and writes to the RAM buffer that's already in there? It would protect Real's DRM and not break the iPod.

    Of course, Real has been woefully vague on how it works, so who knows how legal it actually is...and now Apple is going "They had to take something apart!" since Real decided to show them up.

  136. Why doesn't Real just not use DRM? by Durandal64 · · Score: 4, Insightful

    Why don't they just sell non-DRM songs? That's what everyone here wants, right? "Apple is wrong for not licensing FairPlay" and "Apple is wrong for putting DRM on their songs." Funny how everyone here realizes that DRM is a necessary compromise in order for the legal online music business to take off the minute Apple does something they don't like.

    The online music business is just starting out, and Apple wants to cement its place there. Real knows that its only chance at surviving the initial culling of the online music stores was to partner with Apple, and Apple knows that too. The problem is that Real is a competitor, and Apple doesn't want them to survive. Right now, iTunes and the iPod feed off each other. Let's think about what would happen if Apple licensed FairPlay to other music stores.

    First of all, the small profits from the iTunes Music Store vanish. Second of all, Apple becomes responsible for making sure that future iPod firmware revisions will work correctly with everyone else's stuff. If they just say, "Screw it, we'll leave it to the licensees to check," then customers get pissed at Apple for issuing a firmware update which breaks their music purchased from other stores. Thirdly, Apple's massive marketshare in the nascent market goes starts trickling away. So can anyone tell me exactly what they stand to gain by doing this?

    Now, licensing FairPlay for use by other portable players could be beneficial later on. Right now, the iPod and iTunes complement each other, but I don't think that act will keep up. The iPod is helping iTMS get off the ground and become an online music giant. Once iTMS gets on its feet, it won't really need to be an iPod-selling vehicle. Everyone and his mother wouldn't be jumping into this business if they didn't think there was a money-maker in the long-term. Once iTMS becomes a profitable entity by itself, then Apple can invite everyone who doesn't use an iPod in.

    1. Re:Why doesn't Real just not use DRM? by ocelotbob · · Score: 1

      You've got it backwards. By not licensing Fairplay, Apple has now denigrated their technology to being obsolete as people find workarounds for a company unwilling to license their files. Now, everyone is simply going to write their own patches to the iPod code to hack in their own DRM solution, instead of having one standardized API and one set of calls to put protected music into the iPod and potentially other media players. Yes, refusing to license a technology is a lucrative move now, when the market is still very young, but a couple years from now, when music players and music stores are both commodities, you suddenly find yourself stuck with a dwindling share of profits as someone else's protection technology, which is just as good, takes root because they were more willing to license it to both player makers and music store makers.

      --

      Marxism is the opiate of dumbasses

  137. What are you talking about? by autopr0n · · Score: 1

    Look. It's up to the people who own ipods to do whatever they want with them, not Apple. Real is giving iPod owners choice, while Apple wants to lock them into iTMS forever. Apple is the badguy here, not real.

    --
    autopr0n is like, down and stuff.
  138. it would be like by Anonymous Coward · · Score: 0

    it would be like if you bought a music CD made by Sony that would only play in a sony cd player. Sounds like they are wanting to maintain a monopoly or something.

  139. Re:The horror! THE HORROR! by Anonymous Coward · · Score: 0

    Your post would've been better if you hadn't used an insane amount of ALLCAPS. Please don't do that again, it looks dumb.

  140. Re:why it matters to consumers what Apple thinks.. by Anonymous Coward · · Score: 0

    No.

  141. Apple's profits? by zephyr1256 · · Score: 2, Insightful

    IIRC, Apple generates more revenue from selling ipods than selling music on iTunes. It would seem to me that allowing competitors to hack the ipod so their formats can play on the ipod would only benefit sales of the ipod, and therefore be beneficial to Apple.

    On a related note, one of the reasons I opted for Neuros over the ipod was the formats it supported by default.

    The only thing I can think of is that they hope to lock people into iTunes with their ipods, and find some way to start turning more of a profit(milking the customers for more $$$ and/or cutting some costs) with actual iTunes sales once they reach some critical mass.

  142. So what did Real "steal"? by Anonymous Coward · · Score: 0

    "real is trying to steal something they don't have any rights to"

    Can you define this "something"? Seems like you are, as we say in latin "speakeus outes ofes your asseus"

  143. Diversity of Opinion != Hypocracy by FreeUser · · Score: 2, Insightful

    Gotta love the hypocrisy of /.. Apple threatens to invoke the DMCA against Real, and there's applause and cheers. Creative licenses a software patent to id, and there's mass boycotts threatened.

    Oh Good Lord not yet again. How many fucking times does it take to get this through peoples think, apparently more dense than degenerate matter, skulls?

    Slashdot is a community of hundreds of thousands, each with their own set of opinions.

    "slashdot hypocracy" is an oxymoron
    , and those who keep trotting this strawman out like it has some relevance to reality (virtual or otherwise) are themselves moronic.

    I have been moderated into oblivion by Apple Fankiddies for daring to be critical of their management. This is hardly "slashdot", it is merely a group of rabidly pro-Apple fanchildren ... quite possibly astroturfers at that (who says Microsoft has a monopoly on sleazy tactics?).

    So what? There are others, like myself, who vehemently disagree. There are those that admire RMS. There are those who loathe him. There are those who like patents, those like myself who think any government entitlement to a monopoly is dangerous and harmful, and those who fall in between and dislike software patents but somehow think that the chilling effects they have on the IT industry magically don't exist in other areas of intellectual endeavor, such as medicine or mechanics.

    There are those who would like to repeal the copyright laws and have everything in the public domain, those who would like to reform copyright so as to not grant monopolies and stifle derivative works (a sort of "authorright") and those that vehemently believe copyright is a sacred property right not to be touched.

    There are libertarians, neo-conservative fascists, communists, socialsists, Republicans, Democrats, independents, and countless others who read and post to slashdot. There are athiests, muslims, christians, wiccans, buddhists, daoists, pegans, and satanists who take part in this forum.

    There is no hypocracy. There are just vocal people here who disagree with each other and are not shy about saying so. Some of them support Apple no matter what, some support Microsoft no matter what, and a whole bunch who support Linux or FreeBSD. They're arguing with each other all of the time, and none of them define some "Slashdot Ueber mentality", gestalt entity, or anything else which is even capable, by the most liberal definition of the word, of being "hypocritical."

    --
    The Future of Human Evolution: Autonomy
    1. Re:Diversity of Opinion != Hypocracy by Anonymous Coward · · Score: 0

      Yes that is all correct. But iIt still doesn't change the fact that the comment score system on slashdot really make this website seem like a place only read by a bunch of morons.

      Its a really sad thing that slashdot defaults to only showing posts rated highly, because those are usually the posts that are not worth your time reading. Maybe slashdot should leave those pointless stupid "+insightful" flags and "5 point scores". I'd much rather see ratings bit like the polls, where I get a better idea if it was just 5 Apple fanboy morons that think Apple can own the hardware you bought, or if its 20% of slashdot's readers, or if its 80%.

      Equally lame is it that this post will be given a default score that make the majority of slashdots readers never noticing it..

  144. Real should outsource the code.. by Anonymous Coward · · Score: 1, Interesting

    ..if Apple starts making noises to stifle Real.
    This could allow independent artists to sell drmed music directly without the expense of Apple taking their cut plus allow artists full control over compression quality and embedded data like artwork and lyrics.

  145. Can't the iPod play unencumbered music files too? by yeremein · · Score: 1
    From the article:
    Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.
    I have never used an iPod, but I assumed they could play unencumbered MP3s as well as Apple's DRM'ed iTunes songs--and that the only new thing Real did was allow the iPod to play its own DRM'd files. Is that right?

    Also--doesn't the DMCA explicitly allow reverse engineering for interoperability? (Disclaimer: I think the DMCA is a very bad law, but it's also the most likely legal mallet for Apple to use against Real.)
  146. Real should Opensource the code.. by Anonymous Coward · · Score: 0

    ..if Apple starts making noises to stifle Real.
    This could allow independent artists to sell drmed music directly without the expense of Apple taking their cut plus allow artists full control over compression quality and embedded data like artwork and lyrics.

  147. TROLL! by FatSean · · Score: 0

    So Apple is just fine in using an unjust-law? OK, so you would support a company that in 1860 used slave labor, because slave labor was legal?

    --
    Blar.
  148. Begun, this dumb war has by abramul · · Score: 0

    So...you buy from Real, and convert to MP3 using one of who know how many ways. What's the big deal?

    --
    There should be a law requiring/prohibiting that (Please circle one)
  149. You can't put Honda engines in Hyundai cars by ahdeoz · · Score: 1

    Yes you can. It may not be profitable for you to do so, but Real Networks has figured out how to do it with IPods. Honda doesn't (and wouldn't) have a problem with it. As a matter of fact, the auto industry is full of small (and large) companies who have found a way to use cars outside the scope of the manufacturer's intentions. You can even take your Honda to a NON-FACTORY-AUTHORIZED mechanic to fix it if you want, or even do it yourself.

  150. And on a tangent.. by Digz · · Score: 1

    ..does anyone know how to hack the Apple CD/DVD drivers? I tried an article I found online, but the data was different in ResEdit for 1.4.

    --
    SYS 64738
  151. You reap what you sow by DmitriA · · Score: 2, Informative

    Does anyone remember when Real sued Streambox in 1999 for reverse engineering their products? I won't feel one bit sorry for them if they lose this case...

  152. money where your mouth is by asdfghjklqwertyuiop · · Score: 1

    I didn't say I liked the DMCA, nor Apple using it.


    You don't like apple using the DMCA? And are you going to give them any (more) of your money so that they can keep on using it?

  153. How times have changed by Len · · Score: 4, Insightful

    My first Apple came with a listing of the ROM code. By adopting "the tactics and ethics of a hacker" I was able to modify it to do cool stuff like printing text on the graphics screen.

    Those were the days.

  154. Button to destroy the world: legal. by deathcloset · · Score: 1

    Using that button: not legal.

    I think that once someone has fully purchased a good then the creator of that good should have no say whatsoever over what it's used for, (unless that good is some kind of thing whose primary function and purpose is to allow the creator to have say over what it's used for - and the consumer is fully aware of the device's function as such - wouldn't that be a wierd device).

    secondly I think that ideas alone are valueless.

    time for my rant

    Without knowledge one cannot offer service

    without service goods cannot be created.

    This would seem to point deductively that knowledge is the only real thing of value. However, I posit this example.

    Assume that if I am a doctor then the knowledge I have is percieved to have great value. However, unless I actually apply that knowledge it is worthless - example: I am involved in an auto accident. I am bleeding to death on the pavement. A doctor happens to walk by. This doctor has full knowledge of how to stop my bleeding and ease my suffereing - yet, if this doctor does not transform his knowledge into action(a service) then to me his vast knowledge is useless, worthless.

    service is the only real commodity.

    by my reasoning when you buy the ipod you should be able to modify it to do anything you wish. Even if that function was to be some kind of crazy hacking device with the sole purpose of taking down apple inc. Even if you post a website detailing the design and function of your device, fully disclosing what it could be used for; unless you actually use it for the stated purpose or can be shown to have full intent to use it for such ( like a gun manufacturer can make a gun designed to kill - but you cannot say the designer has intent to kill - it is just what his creation is intended to do, not what he intends to do) you should not be held responsible for any POTENTIAL wrongdoing. ITS YOUR GOODS! You should be able to modify it for any purpose.

    services are the only real thing of any real value.

    The sooner the world changes it's economic model to suit this truth the sooner things will start working like they are supposed to.

    was that a rant or what!?

  155. Woz by Performaman · · Score: 0

    "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod."

    Oh, as if you're company wasn't started by somebody who used the "tactitcs and ethics of a hacker" to build the Apple I.

    --

    I have gas, but my car uses petrol.
  156. When hacking is outlawed... by Lodragandraoidh · · Score: 1

    When hacking is outlawed, only outlaws will be hacking.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  157. consumer? by oliverthered · · Score: 1

    That's costomer to you mr MeNeXT (200840).

    The bastards have got everyone going on this consume, consume , consume, even the /. crowd.

    --
    thank God the internet isn't a human right.
  158. illegal to distribute by asdfghjklqwertyuiop · · Score: 1

    The consumer can hack their iPod to play Real's files all the consumer wants. It's when Real gets involved that this becomes illegal.


    If this turns out to be a DMCA issue, the DMCA says that it is illegal to distribute anything that can be remotely construed as a way to circumvent DRM measures. So sure, you'll be able to make your ipod play anything you want in the same way that you can legally play DVDs in linux.

    This is of course if Apple does do the wrong thing and invoke the DMCA against Real.... we'll see.

    1. Re:illegal to distribute by Alsee · · Score: 1

      the DMCA says that it is illegal to distribute anything that can be remotely construed as a way to circumvent DRM measures

      That is 1201 (a)(2).

      1201 (a)(1) makes circumvention itself criminal. So even if you write your own software, it is still criminal to watch a DVD with your own player.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  159. Did they break the DRM or not? by AltaMannen · · Score: 1

    I've read a couple of articles about the Real-on-iPod issue and I still have not found out whether Real did this by forging the DRM so that the file is still protected from copying but not under iTunes control (?) or if they simply removed the DRM, if they did the latter then there is no issue, but if they actually forged the proprietary DRM then there is an issue of the protection of songs available through the iTunes store, and whether record companies would cease to allow apple sell their songs through it.

  160. Burn the heretic! by Dr.Dubious+DDQ · · Score: 1
    Didn't MS buy NetBIOS from IBM? Though they may have augmented it, I don't think they came up with their own proprietary mechanism

    What blasphemy is this? Next you'll be claiming they they didn't write Internet Explorer themselves either! Or that Bill Gates didn't write MS-DOS!

    Sheesh, the nerve of some people...

    (Couldn't resist, sorry...)

  161. Could you be MORE wrong?! by SPYvSPY · · Score: 1

    Real is trying to lock consumers into their closed DRM scheme by attempting to freeride the iPod's commercial success.

  162. Real could ruin it for everyone by Anonymous Coward · · Score: 0

    Companies like Real and Apple can offer a la carte music services as long as the songs are digitally protected. How is Real going to sell songs using a reverse engineered DRM scheme? What music label is going to offer songs to Real using a DRM scheme that Real reverse engineered? The labels are awfully skittish about DRM, after all, and the threat of Real not getting it right seems pretty large to me.

    Conversely, what music label is going to offer songs to Apple if Apple distributes the songs using a DRM scheme that has been reverse engineered?

    This is what scares me the most: Real's "tactics and ethics of a hacker" (as Apple aptly put it) could force the labels to demand more draconian protections and stop me from enjoying music the way I currently do. I figured some kid would do it (see PlayFair) but not a high profile company like Real. It's downright irresponsible.

    Real could have negotiated new licensing, like Apple did, and offered songs in unprotected formats that would have played fine on the iPod. Or Real could have tried to develop a new market and license the stuff from Apple, like Motorola did. Instead they hallucinated large profits in a la carte downloads (which there aren't), said "me too," and stuck their grubby hands in the cake at the risk of ruining it for everyone. No wonder they're so widely derided.

  163. How dare they add value?!! by bludstone · · Score: 2, Insightful

    Doesnt this add value to the ipod, now that they are able to play more files?

    I fail to see why apple would be pissed about that.

    --

    no .sig
  164. Damn Free Market Capitalists! *grumble grumble* by JSBiff · · Score: 1
    "The reason would not be because Real is a threat (they aren't), but because of the precedent it sets," he added in the e-mail. "Microsoft will be coming out with their own online music shop this fall, and they will be a threat. Better to nip such competition in the bud."


    Oh the HORROR! Competition! Gotta nip that competition in the bud.



    Well we see what this is really about. . . has nothing to do with preventing illegal theft of intellectual property. Just another cynical attempt to use bad laws to try to stifle competition. . . something which I thought is illegal in the US.

  165. I'm puzzled, surely this a *good* thing for Apple by Angostura · · Score: 1

    I really don't understand... Real is making content available in a format that is compatible with the iPod and is compatible with iPod DRM.

    The downsides

    1. Loss of licensing revenue of fairplay
    2. Competition for iTunes Store

    Upsides

    3. Potential improved sales for the iPod

    Now it's been said often enough that the prime motive of iTunes is to sell iPods, so we can more or less discount downside 2. Downside 1? I can't believe that it is *that* substantial.

    Hmmm.

  166. Real's "crappy" encoded format by Anonymous Coward · · Score: 2, Informative

    Guess what, Real uses AAC same as... lets see... who else uses AAC.

    Hmm. Only apple uses 128kb/s Real uses 192kb/s.

    Ask me the question again?

  167. The iPod is not a right!! by spoonani · · Score: 1

    (note IANAL) Many people (including real) are expressing that they have a right to listen to whatever formats they wish on the iPod. Yet, no one was ever forced to purchase an iPod. As far as I see, the freedom to choose your selected audio formats is with the consumer before they purchase a music device. If a consumer is unhappy with their purchase, they are free to obtain a player that will utilize other music formats. my Ogg buddies love their machines knowing the functionality was more imporatant than the coolness factor, and I have my iPod due to my own journey through the MP3 player purchasing decision. Apple has spent a ton of money on R&D and adverting, and any other company is free to do the same to create and sell a product of superior value offering. for real to piggyback on Apple's success is not only an admission of the lack of success with their own downloading venuture, but their failure to as of yet provide their own superior offering. it is in this spirit that we have such an excellent race with game consoles vying to prove they are the best value for specific consumers.

  168. To litigate or not to litigate. by polyp2000 · · Score: 1

    It may not be such a sound move on Apples part. For a start it would inconclusively highlight to consumers the main issue with iPod... lack of compatibility with different fileformats. And also the issue of its DRM.

    The other thing is that strictly speaking (if you read the original article) Real did no such hacking of the iPod. Rather enabled Real's software to use parts of iTunes if it was previously installed. And in addition took advantage of the known iPod drm mechanisms and found a way to work with them in such a way that enabled their files to play. In fact I think it would be an extremely hard case to prove that any form of copyright circumvention has taken place at all.

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
    1. Re:To litigate or not to litigate. by sqrt(2) · · Score: 2, Informative

      ...lack of compatibility with different fileformats...

      It plays MP3's and that's all that most people use anyway. No large amount of people are going to be turned off to the iPod because it can't play Napster2.0 DRM'd .WMA files, or Real's shitty DRM'd garbage. Most people will just shrug it off and say, "Well, I get my un-drm'd music from kazaa/emule/ftp for free anyway, so why should I care?"

      --
      If you build it, nerds will come. Soylentnews.org
  169. Good Idea, Horribly Flawed by Onimaru · · Score: 2, Insightful

    So I'm going to be the first to say, hooray that other products can interact with the iPod. Now perhaps the fact that the aftmost media company in the world has gotten together a way to hack into the iPod (with their typical level of excellent programming and tasteful, functional, ad-free interface design) will motivate Apple to let the sacred cow die a little and license fairly to other, slightly less buffoonishly incompetent folks.

    This is missing the point of why Real is evil, though. Real is evil because they are acting in horrible bad faith here. They came to Apple and asked to license their product. Apple, for whatever reasons, possibly that an alliance with Real would only make them look bad or possibly because The Great Steve was Feeling Peevish That Day, denied the request. Remember how it's easier to ask forgiveness than permission? Well, it only works if you don't ask permission first. Real then proceeded to take what they were denied. Even if they manage to get it by the courts, the fact is that that is still wrong.

    But wait, let's take it one step further: they not only took the license they were denied, but they also are offering to sell, not give, it to anyone similarly downtrodden by the evil of Apple. They're not selling a product -- they're licensing the protocol that's not theirs. Again -- legal? Maybe. Ethical? Not so much.

    Even so, I could be on their side, but then I decided to check out the licensing agreement for Harmony:

    d) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
    Any direct use of Plug-Ins through a non-RN proprietary application, including a custom or user-written application is prohibited by this Agreement.

    So, hypocritical, shoddy, unethical, and possibly illegal. That's great. You don't have to be a fanboy to dislike this. My bottom line: I've been hoping for the iPod to get hacked for a while, but I feel like I've been granted a twisted, evil version of my wish.

    --
    adam b.
  170. Real statement in response to Apple statement by daveschroeder · · Score: 1

    http://www.realnetworks.com/company/press/releases /2004/harmony_statement.html

    REALNETWORKS STATEMENT ABOUT HARMONY TECHNOLOGY AND CREATING CONSUMER CHOICE

    SEATTLE, July 29, 2004 -- RealNetworks®, Inc. (Nasdaq: RNWK) is delighted by initial consumer and music industry support for Harmony. Compatibility, choice and quality are critically important to consumers and Harmony provides all of these to users of the iPod and over 70 other music devices including those from Creative, Rio, iRiver, and others. RealPlayer Music Store provides the highest sound quality of any download music service. That's why so many consumers have welcomed news of Harmony. Consumers, and not Apple, should be the ones choosing what music goes on their iPod.

    Harmony follows in a well-established tradition of fully legal, independently developed paths to achieve compatibility. There is ample and clear precedent for this activity, for instance the first IBM compatible PCs from Compaq. Harmony creates a way to lock content from Real's music store in a way that is compatible with the iPod, Windows Media DRM devices, and Helix DRM devices. Harmony technology does not remove or disable any digital rights management system. Apple has suggested that new laws such as the DMCA are relevant to this dispute. In fact, the DMCA is not designed to prevent the creation of new methods of locking content and explicitly allows the creation of interoperable software.

    We remain fully committed to Harmony and to giving millions of consumers who own portable music devices, including the Apple iPod, choice and compatibility.

  171. as discussed on /dev/null radio by Anonymous Coward · · Score: 0

    hackermedia.net/droops

    its a little profane, but they make some good points.

  172. Apple is just being Apple by JohnQPublic · · Score: 1

    We should never forget that the first software company that the FSF and Stallman openly attacked was Apple. Long ago, and under Jobs' watch as once again, Apple sued all and sundry over the "look and feel" of their systems. Of course they're going to threaten anyone who breaks their stranglehold on the iPod. It's what Apple does - they develop monopolies and try to maintain hard them, often at the expense of their own "partners". Anybody seen a "clone Mac" lately?

    Somewhere I still have an LPF button with the seven-color apple logo and a snake coming out of it, with the caption "Keep your lawyers off my computer!".

  173. welcome to the crap flood. by twitter · · Score: 1
    Gotta love the hypocrisy of /.. Apple threatens to invoke the DMCA against Real, and there's applause and cheers.

    I'd say 100% of the people cheering DMCA are astroturfers from the Linux Jihad or some other such stupid organization. This story has more 400 comments and it's only two hours old.

    --

    Friends don't help friends install M$ junk.

  174. Re:I'm puzzled, surely this a *good* thing for App by Impeesa · · Score: 1

    I could be mistaken, but I thought it was the other way around - the iPod is a loss leader for iTunes. In that case, this makes perfect sense - Real is taking advantage of Apple's legwork to compete with them in the more profitable market (with Harmony).

  175. Cross License by scharkalvin · · Score: 1

    Apple and Real should cross License each others formats and bury the hatchet. In the long run it will help the bottom line of both companies and their customers (remember them?) will be the winners. The other option, well how about one of those decals for the back of your pickup truck with Calvin pissing on an Ipod?

  176. "I'm an Apple fanboy, and.." by Skibbering · · Score: 0, Troll

    ..I don't want any stinking choice! (Not that I should have any say in the matter..) Apple should tell me what to do with my iPod, and damn any company that lets me decide!

    Seriously, when is choice ever a bad thing? Ok.. apart from "Do I watch the end of the game, or do I go to the fridge to get a beer". That's nasty.

  177. What's to get back to? by twitter · · Score: 1
    You like to run Windoze and troll Slashdot. Those are your problems, until your box gets rooted and spews spam and malice. Then your ISP should turn you off till you can fix your nasty little boxes. You may have other problems, but I could care less.

    --

    Friends don't help friends install M$ junk.

    1. Re:What's to get back to? by The+Bungi · · Score: 1
      No, I meant I'd like you to address my response to your dishonest FUD.

      I'm really sorry twitter but I don't see how my box getting rooted (that happen to you often?) and spewing spam ("malice"?) or my ISP ("nasty little boxes"?) have to do with that.

      Thanks.

    2. Re:What's to get back to? by The+Bungi · · Score: 1
      Oh, I read your journal now. I get it.

      Do you realize you posted a link to one of those posts that actually got moderated up?? Heh. That's too funny. Did you notice you even have new fans?

      I really like this one. I wonder who's really deserving of the "troll" label. You're probably worse than the authentic trolls.

    3. Re:What's to get back to? by twitter · · Score: 1
      I like your homepage. Would you be so nice as to put something there so I can see what kind of dork likes to sit around an insult Slashdot readers? Really, I'd like to know what kind of moron equates Windoze security with free software's.

      --

      Friends don't help friends install M$ junk.

    4. Re:What's to get back to? by The+Bungi · · Score: 1
      Would you be so nice as to put something there

      No, I would not. Don't be fucking stupid, please.

      Really, I'd like to know what kind of moron equates Windoze security with free software's.

      I don't know. Not the same that thinks a user won't follow instructions (instructions) to execute a worm because he happens to be running Leenucks, that's for sure. Oh look, we're back on topic.

      Never mind twitter, just go back to your routine. You're a waste of time.

      Have a great life and all that.

  178. Altering the iPod software is a pain for Apple by MacFury · · Score: 1
    Here's something alot of people won't consider. Real's software alters the iPods software. That means when apple comes out with a firmware update or fix, it could mess up your iPod.

    I'm not saying you shouldn't be able to put Real files on your iPod, just that Apple shouldn't have to support your iPod after Real screws with it's innards.

    Then again, maybe I'm just talking out of my ass.

  179. What we need is a reverse DMCA by Tired+and+Emotional · · Score: 1
    Its very troubling that Apple is seeking to keep the iPod proprietary. This gives them a monopoly over what you can listen to on that machine, and that is very bad for musicians, as well as for the listening public.

    Allowing monopolies to develop in this area is not in the public interest.

    What we need is a law that requires makers of media playing equipment to release the specifications required to interface to those machines. This would in no way impact the protections of DMCA (whether good or bad) because it would only protect translations into the machine format, not out of it.

    --
    Squirrel!
  180. Apple's perspective by chrysrobyn · · Score: 1

    I've now read through some pretty fanatical fanboy responses. People who have no grip on reality. I've read through some people who think Apple is the cause of all evil, and even a few who think that the Apple has fallen from the tree on this one entirely.

    Why should Apple care that Real has released a new firmware for the iPod? Because the iPod is so successful for being intimitely intertwined with iTunes. Apple does this because the number of software releases are remarkably few -- and Apple has the rights to the code to hunt down any problems.

    But they're not Apple's iPods! I bought my iPod, I should be able to do what I want! That's fantastic, enjoy. I've heard the ucLinux people have had some fun. Nobody will stop you. Real, on the other hand, is parting people (customers) from their money, and giving them a tangible product. They did not secure the rights or any agreement from Apple that they won't break the product. This means that either Apple has to fight Real's concoction or do more regression testing. There be dragons down the latter of the two if more companies than Real start releasing firmware that consumers think they can install. And what if Real and Microsoft both release their own mutually exclusive firmware? Does Apple get the phonecalls from Ma and Pa (realistically, not too many grandmas own iPods, but I know some parents who do) who want support for both file formats? This is a big financial burden for Apple with no income.

    But Apple is evil for invoking the DMCA! Fight the law. The best way to do that in the US justice system is to find an example case that demonstrates it being used poorly, break it, and fight the law in the courts. You may want to get the ACLU involved. Apple has to protect their interests, and their lawyers obviously felt the DMCA was the most straightforward way to do so.

    Apple reverse engineered lots of stuff! How hypocritical to bust on Real for reverse engineering! When Apple reverse engineers a protocol for communicating with an Exchange server, the protocols are mostly established, and breaking that protocol involves Microsoft breaking their own clients. In this case, Apple either loses their ability to add functionality for fear of breaking third party unendorsed firmware, or Apple has to make it clear to everybody that this is unsupported and will likely break in the future. Will it really? Who knows. I don't expect Apple to go out of their way to break it but the best thing to do is overestimate the probability just in case.

    This is horrible! This is the worst thing Apple has ever done! Well, that's what lots of people said when Apple licensed the one click patent. They're not exactly a perfect company.

  181. Exactly how I think of this. by crovira · · Score: 1

    Apple still sells an iPod.

    And if I'm stupid enough to drop it, or drop something in it, coffee or Real's player, then I'm the guy who'se out the bucks.

    But Apple still sells an iPod.

    People will just have to be red-faced when their iPod fills up with inaudible/unusable crap and the iPod doesn't run anymore. They'll bring it back to Apple and it will be wiped out because it not 'stock'. Apple can sell that service too.

    It isn't Apple's lot to support somebody else's player so it isn't theirs to bitch about.

    Just like I can't bitch to BMW about my after market add on, Apple doesn't need to hear about how stupid I might have been installing whatever.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
    1. Re:Exactly how I think of this. by Anonymous Coward · · Score: 0

      Translation: Apple is just an ordinary, run-of-the-mill, greedy corporation just like all the others.

  182. Only if you like monopolies by JoeBuck · · Score: 1

    Real has done nothing wrong, and the DMCA is an immoral law (though it doesn't even appear to apply in this case).

  183. Re:Free iPOD "scheme" by Anonymous Coward · · Score: 0

    Sheesh. Where's the "-1, Multi-level Marketing Solicitation" mod?

  184. Where's Beta? by Anonymous Coward · · Score: 0

    Just riddle me THAT one Batman.

  185. This makes me sick. by C_Kode · · Score: 1

    This tells you how dumb the DMCA law is. It will be used to protect a monopolistic activity. This is like having Ford release a car and say that you can only use Exxon gas. If someone alters their car to accept Shell or some other brand of gas that they are going to sue you. Once you purchase hardware, it should be yours to do with as you please. The same goes for software. You should be able to do anything you want with it once you've purchased it. (accept of course distribute illegal copies) Like when companies sell you a database and tell you that if you run tests on it you can't tell anyone your results. I mean WTF is that?

  186. Maybe its just me, but... by nothing_better_to_do · · Score: 1

    Just my take on the main themes of the "Apple is wrong" posts...

    -- "It's competition, man"
    There is nothing admirable about this kind of competition. Real has not improved the quality of any of their products, but is trying to profit from the successes of another. True competition would be producing something better than Apple that lured away iPod users on its own merits. If everyone "competed" in this way, the technological innovation we love so much would go nowhere.

    -- "What about the consumer's rights? I can do whatever I want with the hardware I purchased, man!"
    Indeed you can. Fly your iPod on a model-plain, feed it to your pet ferret, paint it green. Apple doesn't care. Better yet, write a program yourself (if you can) that allows you to play other file formats on your iPod and use it "personally" (don't give it away). Apple wouldn't care. Your personal rights are not being compromised here, people (other than your right to be lazy). What you are all missing is that this isn't Apple vs the little consumer, but a Corporation vs another Corporation. If the Real engineers had written the program and used it personally at home for themselves, Apple would not have had anything to say. Real is attempting to profit financially from this however. Apple's beef with Real doesn't equal a beef with consumers and their rights. If you are too lazy/unmotivated to hack the iPod yourself, you can't honestly complain that Apple is unfair in not wanting you to use what Real has made instead (and let them make money from it as well).

    - "Apple owes it to its customers to free us from the shackles of DRM, man"

    The level of understanding of business-practices, and the coporate world in general, held by most slashdotters is woefully low. Apple is a business. Theoretically, it doesn't inherently "owe" consumers anything, nor do we "owe" them our money. If they want to be successful however, it behooves them to make a product that satisfies customers' demands and needs. Buy all standards and measures they have done this with the iPod. And the money and time spent on making the iPod the success that it is, are probably beyond most of our appreciations. They are constantly upgrading the iPod/iTunes combo, and more supported file formats are probably not far away. But when they arrive, it won't be because we were "owed" anything. It will be because they will be able to attract more customers with such enhancements, and the effort to implement them is deemed worthwhile to them in a business sense. Asking them to "get over" the Real reverse-engineering displays nothing but an almost complete lack of understanding of how the business world works.

    Take responsibility for the purchases you make, people. You knew what you were getting when you laid down money for an iPod, and you decided given its features that it was worth it. It's one thing to say "I wish Apple had cooperated in licensing with Real in the first place," or "I think Real's software/music catalog is better." But to whine because a freebie, and one that you had never given two thoughts about before, is now not going to be allowed is childish. Saying its anti-consumer is an easy excuse for your own laziness. Nothing about this prevents you from doing what you want to your hardware.

  187. It's not about what you can do as a consumer.... by whitepony02027 · · Score: 3, Insightful

    all the comments on the board are all people being upset because Apple won't let them do things they want to with the iPod. it's not about Apple letting you do what you want it's about another rival company doing what they want. i own an iPod and can now do with it as i please as long as i do it on a private stage. a company putting out software that has broken Apple's DMCA rights isn't john doe at home by any means. you can't take a popular idea make changes to it and try to resell it. unless of course you're Microsoft....

  188. Real's response by no_opinion · · Score: 1

    Real just responded to Apple's PR machine:

    "Consumers, and not Apple, should be the ones choosing what music goes on their iPod," Real Networks said in a statement given to MacCentral.

    "There is ample and clear precedent for this activity, for instance the first IBM compatible PCs from Compaq," said RealNetworks. "Harmony creates a way to lock content from Real's music store in a way that is compatible with the iPod, Windows Media DRM devices, and Helix DRM devices. Harmony technology does not remove or disable any digital rights management system. Apple has suggested that new laws such as the DMCA are relevant to this dispute. In fact, the DMCA is not designed to prevent the creation of new methods of locking content and explicitly allows the creation of interoperable software."

  189. What is their case? by AxelBoldt · · Score: 2, Interesting
    It is my understanding that Real figured out a way to take their own DRM-files and change them into AAC files which can then be played on Apple's ipod. They claim to have figured out AAC by reverse engineering.

    1) Reverse engineering to ensure compatibility is explicitly allowed by the DMCA

    2) Apple's copyright protection scheme has not been removed or broken by Real's hack, so DMCA doesn't apply.

    3) Real hasn't copied anything from Apple, so no copyright has been infringed.

    4) The only possible action is a patent enforcement: Apple could claim that Real has used patented AAC technology without permission. Real buys a license, case closed.

    1. Re:What is their case? by nothing_better_to_do · · Score: 1

      "Real buys a license, case closed."

      exactly -- this is the point a lot of people are missing but you hit upon (intentionaly I hope).

      Until Real coughs up for the right (yes, this isn't something that one corportation "owes" another) to sell their songs to the lucrative iPod owning audience, Apple has a justifiable case. Real's decision to not go through the licensing process is as much at fault as Apple's foot-stomping in end-users not being able to play Real songs on their iPods. Now, if they offer (and it sounds like they did once before) and Apple rejects it, I think end users are justified in yelling "hey, we wanted to be able to play files from Real's store too." Apple can listen to those complaints or ignore them. We can keep buying iPods or not. That's business.

  190. Apparently, Apple's definition of a hacker... by ninejaguar · · Score: 1
    ...is a programmer not on their payroll, doing stuff for themselves or someone else. "Shocking" my ass.

    = 9J =

  191. Killing the Welsh by Anonymous Coward · · Score: 0

    Hey, I've got nothing against the Welsh but I'm packing my bags. Most Dangerous Game ON!

  192. Real problem by Anonymous Coward · · Score: 0

    Apple is less concerned with losing sales of online music to Real. Their main concern is that the hack Real used to allow this will cause customer problems down the road. Imagine you are John Doe owner of an iPod (and are barely computer literate) and decide that you want to put some of this music you bought from Real on your iPod. Everything works fine for the first month or so. A update for your iPod comes out and you install it (because newer is always better right?). Once you finish the install, you are no longer able to play any of those songs you got from Real. Now the average user is going to blame Apple for the problem becuase the hardware must be broken. Apple does not want customers calling their support to fix something their product was not designed to do. It makes the iPod appear to be a inferior product due to people having problems playing these songs now and they tell their friends about this bad experience. This means bad word of mouth for Apple and less future sales of iPods.

    Sure a few less online song sales would not be good for Apple, but the big picture for them is iPod sales, not music.

  193. Re:The smartest thing APPLE could have done... by OneHungLo · · Score: 2, Insightful
    No one is going to buy Real's crappy encoded format music.


    Actually, from what I can tell, the music that goes into the iPod isn't RM-encoded. Instead, Real's Software encodes it into a format readable by whatever portable player it's being uploaded into, like an iPod-compatible format, Windows Media-compatible, or whatever other format the portable player uses. Last time I checked, it wasn't illegal to create compatible files, and if it was, a lot of Open-Source apps could be prosecuted under the DMCA just like Real.

    The only way I could see that Real could be in legal trouble here is if they use a DRM scheme like Apple's when it goes into the iPod, and you would think they would be smart enough to not do that.
  194. Apple's right, and you people are all idiots by Brannon · · Score: 2, Insightful

    Apple makes money selling iPod's, not songs on iTunes (i.e, 10 cents a song for 100M songs is only 10M in *revenue*, that probably just barely covers the cost of the store).

    If they couldn't couple their song store to their players (or ones that they get royalties on), then they couldn't affort to build the online store in the first place--and who would be better off then?

    They aren't a monopoly (there's competitors in online music, most music is still bought in CD shops)--but even if they were, there's nothing illegal about having a monopoly. Apple doesn't have 'exclusive' contracts with music distributers, and they don't engage in monopolistic tactics (at least not yet). The have licensed access to their store to other companies (HP) who will have compatible players out.

    What Real wants is to be able to use the iTunes store without having to pay Apple a cent, and without being beholden to Apple's other restrictions that must exist (about usability of the music player and consistency of the interface). Apple is entirely within their rights to lock Real out.

    Now in the future where online music is a mature industry AND if Apple becomes a 'monopoly', where a reasonable case can be made that Apple's format is the de facto standard--then Apple might be compeled to relax their licensing terms a little.

    Brannon

  195. I'd be on Real's side on this one, but... by javaxman · · Score: 2, Insightful
    their software sucks eggs, and as a company, their tactics suck even worse! There is *no* good guy in this story, just companies, one of which sucks less than the other ( Real sucks more ).

    If you were Apple, what would *you* do? I'm not sure I'd direct my company to act any differently, though I'd be pressing Real to license FairPlay for a large sum of cash.

    1. Re:I'd be on Real's side on this one, but... by TiggsPanther · · Score: 1
      If you were Apple, what would *you* do? I'm not sure I'd direct my company to act any differently, though I'd be pressing Real to license FairPlay for a large sum of cash.

      Reading this it's just occured to me that this might have been Real's plan.
      To use the tired old cliche...

      1. Get refused license for technology.
      2. Work out way to do it anyway.
      3. Get "threatened" with "Buy a license and we won't sue"
      4. Buy license, sell songs to iPod users.
      5. ???????
      6. Profit!

      Yes, there is still an unknown in there. Namely getting people to buy anything from Real. not impossible, but in some circles not entirely easy.

      --
      Tiggs
      "120 chars should be enough for everyone..."
    2. Re:I'd be on Real's side on this one, but... by javaxman · · Score: 1
      Is it Real's plan, or Apple's plan?

      Why is it that Apple will license to Motorola but not to Real ? Is Steve Jobs honest when he tells stockholders that a deal with Real doesn't make 'business sense' ? What does that mean, couldn't Apple use a special "Real sucks Real bad and so pays a Real lot" license and make some easy yearly cash? Is this about Rhapsody vs. iTunes or is it about Real vs. Quicktime, or both ?

      Yea, I know, all questions and no answers. Typical.

      You have a point, though- I had thought not licensing Real was an Apple decision having to do with Rhapsody, but the unprofessional way Real went about 'asking' for a license pretty well blew what little chance they might have had. Likely they knew they never had a chance.

      I think Real did what they've done because developing Harmony was cheaper and easier than licensing FairPlay.

    3. Re:I'd be on Real's side on this one, but... by TiggsPanther · · Score: 1
      Why is it that Apple will license to Motorola but not to Real ? Is Steve Jobs honest when he tells stockholders that a deal with Real doesn't make 'business sense' ? What does that mean, couldn't Apple use a special "Real sucks Real bad and so pays a Real lot" license and make some easy yearly cash? Is this about Rhapsody vs. iTunes or is it about Real vs. Quicktime, or both ?

      Well, licensing to Motorola is getting their music to play on someone else's kit. Plus (from what I can tell from the relevant /. article) it also ties into iTunes itself. So any changes Apple makes will automatically encompass the Motorola device - rather than breaking functionality.

      Licensing to Real would be another case entirely, I think. This would be getting someone else music to play on their kit.
      I'm not entirely sure, but I get the feeling that this would also hold up things from Apple's end when it came to making any changes to FairPlay. 'Cos they'd have to make sure that any changes didn't freeze out songs purchased from Real.

      Also from a purely marketing point of view, would you really want your product associated with Real based on there track record in previous years?
      'Cos you can bet that Real would want to maximise on iPod-compatibility in their advertising.

      And you also hit the nail right on the head as to why I've had misgivings about what Real have been doing...

      ...but the unprofessional way Real went about 'asking' for a license pretty well blew what little chance they might have had.

      I've been trying to work out why Real's actions disturbed me in a way that thins like PlayFair and DVD Jon don't. And you summed it up in one word. Unprofessional.
      Geeks and tinkerers is one thing. When you're working on your own projects at home acting "professional" isn't a necessity. But when you're a company trying to increase your foothold in a corner of business then it's a different matter entirely.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  196. Boy this is a tough one by Baseclass · · Score: 2, Interesting
    First off, as much as it pains me, I think Apple is correct from a legal standpoint...Although IANAL.

    I think the law is the problem. I get real sick of people saying "if you don't like the law change it". That's just not feasible. There are so many assaults on our freedom from every angle right now that we're powerless as individuals to stop (as a collective perhaps). The easy answer is "if you don't like the law, break it, just don't get caught".

    With that said what Real should have done is anonymously release the hack on the internet, throw it out in the P2P sharing networks and let the end users take the ball and run with it, shit make it open source.

    --
    ^^vv<><>BA
  197. Bite Me, Apple by Bob9113 · · Score: 1

    I've been evangelizing Apple to anyone who is afraid to try Linux. This pretty much makes my desktop operating platform recommendations, in order or long term value to the consumer (just the four leading desktop platforms):

    1. Linux
    2 - 51. Linux
    52 - 83. Linux or BSD
    84 - 98. Linux or BSD or Apple
    99 - 100. Any

    Yesterday it would have been
    1. Linux
    2 - 52. Linux or Apple
    52 - 98. Linux or Apple or BSD
    99 - 100. Any

    My apologies to BSD, but I've always found installing software to be too hard for desktop users.

  198. Wish I could agree by siskbc · · Score: 2, Informative
    As far as the legal situation is concerned, I think Apple has nothing to stand on. As long as Real doesn't do anything to allow consumers to copy copyrighted works, Real can reverse engineer to their heart's content, and so can any iPod competitors. They can't, however, "steal" Apple's copyrighted code and/or copy anything Apple has patents for, which should be just certain aspects of the iPod interface.

    That makes a lot of sense. Unfortunately, it makes too much sense for it to be legal these days. If Real officially "decrypted" or "reverse engineered" anything to get this hack working (like, say, a BIOS), then Apple can wave the spectre of the DMCA at them, as the article mentions. In fact, I'd say Apple has a decent shot of winning, and a great shot of using the threat of litigation to beat Real into submission.

    I mean, Christ on a crutch, it's a pretty simple device... Not like every electronics company hasn't already made something similar. It shouldn't be too difficult at all to make something iPod compatible.

    There you go being all logical again. You're going to have to work on that if you want to improve your grasp of the current American legal system. ;)

    As a bit of an aside, how much more evidence will it take to convince Congress that no, really, the DMCA is completely anticompetitive? We have printer cartridges, DVD's, PS2 mod chips, this...what next? Is the entire concept of competition for aftermarket support a myth these days?

    --

    -Looking for a job as a materials chemist or multivariat

  199. The law is not right. by karlandtanya · · Score: 0, Redundant

    The law is not wrong.

    The law is the law.

    --
    "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
    1. Re:The law is not right. by Sunnan · · Score: 1

      And last I looked, abusing laws for unethical purposes wasn't mandatory.

  200. why...? by tekunokurato · · Score: 1

    Okay, so if (in theory) apple sells songs at breakeven on itunes to build brand and sell more ipods, why do they care if real sells songs and the ipod becomes a more valuable, cross-platform device?

    Or is it just another case of a company being possessive just because somebody goes against what the company originally planned?

  201. I'm against apple by Bruha · · Score: 1

    Locking people into your product is just plain wrong. This is apples poor attempt to control the free market and consumer choice by keeping people who bought a iPod using their service and no competing service such as Napster to buy and play their Music. However the iPod's popularity will quickly wane as more and more products that are able to work with a variety of services hit the market thus providing fair competition and will benefit consumers and businesses alike.

    1. Re:I'm against apple by Hitchcock_Blonde · · Score: 0

      What a load of BS! You've got a choice whether you want to be "locked in" or not. Can you substantiate your claim that the iPod's popularity will quickly wane?

      --
      Karma Schmarma
  202. Re:I'm puzzled, surely this a *good* thing for App by Angostura · · Score: 2, Interesting

    Nope iPod is one of Apple's highest margin products. iTunes just squeaks a profit, I believe.

  203. They changed the text by billybob · · Score: 2, Informative

    I noticed this too and sent a note to cnn money about an hour ago and it appears they changed the text. It now reads:

    "Real's Harmony creates an issue for Apple because previously iPod only accepted legally-downloaded songs from its own music store iTunes. Those legally-downloaded songs are encrypted, but iPod also plays un-encrypted music files that may have been illegally downloaded."

    So it's still kind of oddly worded and not totally accurate (the ONLY thing it played in the beginning was unrestricted mp3's), but at least now it mentions that it plays unrestricted files as well.

    --
    Joseph?
  204. Am I the only one who actually reads the commnts? by subtillus · · Score: 2, Insightful

    Because everyone seems to be berating the /. community for fanboyism and protecting our beloved ipod producer when in fact everyone seems to be slamming them for it....

    They should have just shut up and let real quietly fade away, they're not likely to stop sucking anytime soon so why antagonize?

    Indeed, it seems to me the only reason they would do this is to get a precedent out and send a message to MS that they're going to protect their ASSets as much as they can. It's the only reasonable explanation, they have nothing to directly gain from roughing up Real.

  205. You fucking hypocrite by Anonymous Coward · · Score: 0

    "Hacker" is a word, and it's been redefined. Merriam-Webster, Dictionary.com, and Oxford English Dictionary, the definitive reference for the English language, all agree. Like "marriage". You're not arguing that a word "marriage" can't be redefined to include gay couples, are you? (I'd think not, since you must be a flaming liberal - or flaming - if you're posting to slashdot.)

  206. Hypocritical by cdf12345 · · Score: 1

    I find it amusing that apple suddenly has a problem with "hacker methods", when it was blue boxing that funded the two Steve's garage project over 20 years ago.

    This seems to be completely at odds with the speech Steve Wozniak gave at The Fifth H.O.P.E.(Hackers on planet earth) conference earlier this month.

    The NY times article is at: http://tinyurl.com/3wyo4

    From a new york times article:

    Wozniak, a founder of Apple Computer, was speaking to the choir Saturday at a conference in Midtown Manhattan, recalling an era when the word "hackers" referred to technological wizards, not rogue computer users....

    Mr. Wozniak described his relationship with John T. Draper, a man who became known as "Captain Crunch" 35 years ago when he showed how a plastic whistle that came in Cap'n Crunch cereal boxes could be used to manipulate the national phone system......

    Mr. Wozniak said he had not cared that the technology could save him a few dimes. Rather, he said, he found it wonderful that a simple tool, cleverly used, could control something complicated and powerful in a forbidden way.....

    Like putting Realmedia files on an Ipod?

    Just food for thought,

    Aparently hacking is ok when it suits your company or makes you money, and it's rougue and dangerous when it threatens your business model.

    Battery at Chicago2600 dot net

    --
    Chicago2600.net more than a lifestyle, its a survival trait.
  207. They may be the ethics of a hacker by Cyberllama · · Score: 2, Interesting

    . . . but in this case they are the ethics of a white-hat hacker, and Apple is supposed to be the "cool" company that supports that kind of thing. Did you know Steve Jobs got a payraise of over 1000%? Maybe Apple isn't so cool as we thought. . .

    1. Re:They may be the ethics of a hacker by Anonymous Coward · · Score: 0

      hrrm.. if i remember correctly, steve jobs makes $1 yearly from his CEO position at Apple. That's his base pay. $1 * 1000%. ouch, huge pay raise there.

      he does get compensated in bonuses and such though, which seems a lot more logical to me. if the company doesn't do so well, don't give him as much money. if he does well (such as the last several quarters from Apple's financial reports), then a 1000% bonus raise is okay in my books (if you actually look at how much he made before the 1000% raise). yes folks, read articles not just headlines ("Steve Jobs receives 1000% raise!!!!").

  208. et tu, iPod? by Ragica · · Score: 1
    You know, reading all this iPod stuff on slashdot for so long... i just realized i've never actually seen an iPod in the wild! I live in Toronto. True I don't get out that much (hey, i read slashdot---)... but still, I've never actually come across anyone with one out there...

    Hmmmm.

    (My wife has had a Nex IIe for a year... still works great -- never seen another one of those in the wild either though...)

  209. Whatever by geekbruin · · Score: 1

    "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker." I'm not surprised. Real's software and business practices have been deplorable for years.

  210. Easy solution for you by totoanihilation · · Score: 1

    Don't update the firmware to your iPod, specially if people say that it breaks Real. That way the hacked-up-and-maybe-not-entirely-compliant-DRM that Real will have sold you will keep on working. It's better to let the customers know NOW that what they buy on rhapsody is at their own risk. No guarantees. At least Apple has the guts to say so, even though it may make them look bad. Real doesn't.

    Apple has nothing to lose by having other stores, since they're not making much money out of theirs anyways. But if customers call in to complain that Joe's Music Mart Online's music with Botched-DRM 2000(tm) no longer works after an iPod firmware update, guess who the customer is mad at?

  211. Apple makes good products by reidconti · · Score: 2, Insightful

    Do you have to be a fanboy to like Apple? Come on.

    I put much more faith in Apple than any other company, because they are doing right by me as a customer. I never would have touched a Mac until OS X, and even then, I warily bought an iBook because I needed a laptop, and didn't need to deal with a Linux laptop -- already had a Linux desktop, and had been using it since 95 exclusively.

    But you know what? I think I speak for most Apple users when I say I'm happy. All us geeks who have grown tired of the Windows BS, and who were somewhat happier with Linux, are absolutely thrilled that somebody makes great products like Apple does. Finally something that works the way a computer should -- lets us get work done when we want to, and lets us play around with the innards when we want to, too. I like to be able to use rsync to back up my data, ok?

    I'm tired of fighting the fight with all those companies that just don't get it. Apple gets it.

    I'm happy with their products, so I'll defend 'em. When they lose that edge and another company's products are better, I'll leave Apple for that company.

    And by the way, if you don't like Apple breaking into your house and destorying your ability to do what you see fit with your iPod, DON'T DOWNLOAD THE IPOD UPDATERS. Apple isn't breaking your ipod without your permission.

    1. Re:Apple makes good products by dfghjk · · Score: 1

      Using rsync to back up data. That's the first really interesting interoperability argument I've heard. rsync solution for Windows are amazingly pathetic, though it really shouldn't be hard to change that. All there seems to be are cygwin rsync ports with stupid frontends. I'd like to see a cygwin rsync actually work on my Windows box.

  212. DMCA by jmorris42 · · Score: 1

    > Regarding the DMCA: you can't fault Apple for using a law on the books

    No fanboy, I CAN fault Apple when they act evil, same as I got pissed at Adobe when they used the DMCA to attack the research community and that time I got me off my butt and made me donate to the EFF. I won't be donating this this time because Real can afford their own lawyers for now. Repeat after me: ALL WHO DO EVIL ARE WICKED AND MUST BE PUNISHED UNTIL THEY REPENT OF THEIR WICKEDNESS. Even Apple.

    --
    Democrat delenda est
  213. Real vs. Apple by @madeus · · Score: 1

    Why does Real need Apple's permission to hack iPods? The only argument that you could make against Real is to support the DMCA

    They are not hacking iPods.

    You can find people who are hacking iPods at ipodhacks.com, and Apple have been fine with that thusfar it seems.

    Real are attempting to take revenue from Apple after Apple approached Real when they were trying to start up the Apple store, but Real told them to get screwed (they had their own ideas, involving Real's own shitty software and appauling DRM system with glorious features such as 'limited number times you can play back files' and 'limited lifetime for files').

    If Apple was my company, I'd want to shaft Real now too (both to rub their noses in it, but most importnatly to kick them when they were down and eliminate marginal competition in a legal manner, using means avalible in and endorsed by the capitalist infrastructure of the country they are trading in).

    This all has bupkis to do with 'what's good for us', Real is just playing the underdog card (as Apple does against it's competitors). I don't think I'd hold the same position if it was some nordic teenager they were harrasing, but it's not, it's Real, who is a competitor to Apple in quite a few areas, and it's for highly contextal reasons - and, I don't give a flying squirrel about Real. In fact, I like the streaming audio/video client but I hate their horrible music software and their Helix DRM implimentation, not to mention all the spyware they bundle with it.

    The focus should be on fixing the clearly inappropriate law.

    It has put companies into a bind:

    If Apple don't invoke it, it's easy to say they are not protecting their own interests and so those of their shareholders. So who should they shaft? Real or their shareholders? Board members can be fined and prosectuted if the company doesn't act in the interest of it's investors (the general public in this case).

    Better not to put any company in that postion and just remove the law. If you fail to do that, and simply go after companies with the pressure of 'public opinon' as your weapon, sooner or later some company is going to realise that potential dip in revenue from sales lossed is going to be less than the amount they stand to lose if a competitor gets the upper hand, then consumers are screwed when someone like Sony decides to make a test case out of it and sets their sharpest lawyers on the case to make as sure as possible they don't fail.

    1. Re:Real vs. Apple by Lehk228 · · Score: 1

      the DMCA does not cover "pissing off someone by releasing unauthorized modifications" the DMCA covers "releasing unauthorized modifications which allow a user to circumvent copy protection" Apple has no case, though it would be legal for them to break Real's software with an immediate update.

      --
      Snowden and Manning are heroes.
  214. Great Publicity by Bricklets · · Score: 1

    The publicity Real is getting from all is this worth 10 times what their legal costs will be. They probably said, "what the hey."

    --
    Little Bricklets
  215. This might seem like a stupid question.... by Anonymous Coward · · Score: 0


    But where is this "Harmony" software?

    I've scoured Real.com and Realnetworks.com and I can't find a trace of it... or even a mention of it.

    Anyone?

  216. Re:Not cool? No, your complaint is not cool by insomnyuk · · Score: 5, Funny

    Yes, and while we're at it, I would like a PDA that lights my cigarettes and wipes my ass for me.

    I want it to be able to light normal filtered class A cigarettes, but also include support for 100s and unfiltered.

    I want it to support 1-ply AND 2-ply toilet paper and be forward-compatible for new multiple-ply standards in the future.

    I would also like it to be child and babysafe, so that if a toddler is within a certain proximity of the machine it will not light cigarettes and will only use baby wipes.

    Furthermore, it must be fully compatible with my OS/2 Warp box.

    And I would like a pony, but that last one is optional.

    Anyone that does not acquiesce to these demands is being closed and proprietary. For shame!

    Apple's possible legal action aside, the iPod is an example of product implementation where their goal was to do one thing and do it well: let people play tons of music on a well-designed, portable device. Google did the same thing with search by keeping it relatively simple.

    If I had a nickel for everytime I heard someone on /. bitch about the iPod not having x encoding format or x obscure-as-shit Operating System Compatibility, I would probably have about $40 U.S. Sir, the dead horse you are beating is little more than so much decomposed mush now. Let it go. Please.

  217. Of Two Minds by ObsessiveMathsFreak · · Score: 1

    I'm of two minds here.

    On the one hand, I HATE Real for what they've done to mine and others PC's.
    On the other, I disagree with the view that I can't do anything I want to do with MY iPod.

    Real are obnoxious, arrogant, pouting, petulant, unscrupulous, money-grabbing, charletans, so i won't be buying anything from them, whether or not they succeed in whatever legal proceedings arise.
    However, if another startup or other such competetor offers me cheaper digital music for my player because of this, I'm all for it.

    In short bless you Real, may your burn forever in the bowels of danmnation itself.

    --
    May the Maths Be with you!
  218. don't you mean right wing? ;) by jx100 · · Score: 1

    Wisdom Tree didn't quite break any encryption to get around the lockout chip.

    They used a special cartridge with a passthrough that you would attach a real cartridge to. Then it'd use the lockout chip on that one to play.

  219. Go ahead... by wfolta · · Score: 1

    ... but I hope you're not offended if it voids your warranty. Also, if Apple patches the iPod OS and your blessed songs stop playing, will you blame Real (evidently the "innovators" here), or Apple? Somehow, I think you'll blame Apple, further destroying the reputation and goodwill they've gained with an outstanding product. All because you insist on using a kludge from a marginal company that brings nothing to the table except a "choice".

    I could understand if Real were actually adding value here. But they have a smaller selection, a crummier DRM, poorer sound quality, ... Hey, worship your freedom of choice all you want, but why not go ahead and buy a cheap piece-of-junk player that already plays Ogg, etc, and stop ragging on Apple?

  220. hell yeah. iHP-1x0 owners in the house!!! by Ayanami+Rei · · Score: 0

    I _love_ my iHP 140 to death. Check this... I hooked it up to my *nix box, USB 2.0 external hard drive. I _repartitioned_ it. Then I set up FAT32 on part 1, and ext2 of part2, marked part 2 bootable. I put my music on the first part, and I can boot my Dell machines at work into a rescue disk on partition 2.

    I should have written it off as a business expense! Hahaha...

    And you know what? The Apple types get all snooty about the wheel and the controls on the iPod... well, I'm quite fond of the navigation using the three toggle switches on the remote. The "hold means back/cancel/up" thing was a really good idea. And two seperate hold switches for the remote and the unit itself... very useful.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    1. Re:hell yeah. iHP-1x0 owners in the house!!! by Ohreally_factor · · Score: 1

      Excellent brag! I'm glad to hear someone else as psyched about their gadget as I am about my iPod. No one should be snooty about their mp3 player, so tell those snooty Apple types to suck it.

      Because HP is soon to be selling iPods, you really need to let them know how much you love the 140, so they won't stop making them.

      Most of all, thanks for not whining. I know this is slash dot and all, so I should expect lots of whining, but it gets old. You told it straight up, and I appreciate it.

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:hell yeah. iHP-1x0 owners in the house!!! by PygmySurfer · · Score: 1

      Because HP is soon to be selling iPods, you really need to let them know how much you love the 140, so they won't stop making them.

      Uhm, HP doesn't make the iHP 140, iRiver does.

    3. Re:hell yeah. iHP-1x0 owners in the house!!! by Ohreally_factor · · Score: 1

      Well spank me with a hotwheel track.

      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:hell yeah. iHP-1x0 owners in the house!!! by Anonymous Coward · · Score: 0

      Yes, which is why iRiver is going to get bitch-slapped into next week as soon as HP enters the audio player market.

      Multibillion dollar conglomerate versus niche MP3 player manufacturer. Yep. Bye-bye iRiver...

      The sad thing is the 25 people on /. with their players will have a day of mourning, because they won't have even a halfway-decent (at best) player to crow about OGG compatibility.

    5. Re:hell yeah. iHP-1x0 owners in the house!!! by Anonymous Coward · · Score: 0

      You repartitioned an external hard drive? Holy crap! You deserve a medal or something. Someone give this boy a raise because his head appears to have blown up to 5 times it's usual size, and we don't want to clean up the mess when it finally explodes (when he realizes the insignificance of his actions).

    6. Re:hell yeah. iHP-1x0 owners in the house!!! by Squirrelgirl · · Score: 1

      Your scenario is probably neat or excellent for your uses, but its NOT what the main target marked wants to do on their MUSIC players. Your scenario isn't really used by iRivers marketing department either. ;) Because an iPod is really just an external Firewire disk, you can use iPod as an external firewire harddrive in the full sense of the meaning (at least on Macs), and I suspect you can even turn its disk into several volumes, and I think I have heard of people booting from it and so on and there has been talks of a once-present-in-OSX-beta feature of "Home ~ on iPod"... But this is not what iPod is primarily designed to do. It's collateral benefits. The average iRiver and iPod user would never do that, would never imagine themselves doing that, likely doesn't even have a clue what you just said. They'll stutter and say "uh, yeah, and its good at storing my collection of U2 songs" or something.

  221. closed system by Mieckowski · · Score: 1

    I will actually tolerate a closed system as long as there is a good reason for keeping a closed system and I know what I am buying. No one expects the firmware on an external hard disk to be upgradable by third parties, do they? With an iPod, I can buy music accessories, etc, and be reasonably certain that they are compatible and won't break with the next upgrade. As a downside I get a bit less choice, but I knew the trade off when I started. I don't ever expect to be able to play WMA files. Apple's DRM is just barely tolerated by a lot of people because it gets out of the way, and Real letting users "choose" another DRM scheme that could cause them trouble isn't necessarily a good thing.

    Users "hacking" their own products is one thing, but companies hacking those products for them without making it perfectly clear what they are doing is another. I know that we always want more choice, but some people want things to just work. If Apple releases a new iPod, will they have to wait for Real to update their drivers or have people's songs break?

    P.S. The DMCA is still evil, but just because Real is allowed to doesn't mean they should. This whole business is probably moot, as who would want to buy DRMed music from Real anyway?

  222. Re:I'm puzzled, surely this a *good* thing for App by DAldredge · · Score: 1

    Jobs has said it only makes .15 - .20 usd per song in profit after fees to the labels and hardware/software/people costs.

    That is a 15% to 20% profit margin and that is nothing to sneeze at.

  223. Re:Not cool? No, your complaint is not cool by skiflyer · · Score: 2, Interesting

    You'd think so, but you'd be wrong. Cause companies listened, and alot of us now own iRivers or other devices which do what we want them to, and which have companies behind them which actually listen to us when we have complaints.

    I have a 140 and it does everything he talked about.

  224. The rational for using Fairplay(Hymn) by ScooterBill · · Score: 1

    has just gotten better!

    If Apple had just kept their mouth shut and made sure that updates to the iPod would break Real's songs, then the consumer would quickly learn that buying a third party product involves risk. This would probably hurt Realnetworks. Of course, this would be a very unscrupulous thing to do but if done surrepitiously, only Real would look bad. Apple would only be guilty of "improving" the software and incidentally breaking Real.

  225. Why are Real reverse Engineering it? by Salvo · · Score: 3, Interesting

    I see no reason why an iPod user would want to acquire music from Harmony. The music is the exact same price as iTMS and it's Impossible to make it any cheaper without selling it at a huge loss.
    It's sale is still restricted to the US and Canada, while iTMS sells to Europe and other Countries are in the Works.
    Also, hacking your iPod isn't adding Haxies to MacOSX, or recompiling a custom Kernel for Linux. It's almost guaranteed to break it, Think of all the negativity Apple gets when a Haxie breaks MacOSX, or MS get when a Dodgy Driver causes Windows to Bluescreen. I'm sure it will also void your Warranty on your iPod.

  226. Apple is missing opportunities by codemachine · · Score: 3, Interesting

    Apple should be embracing music stores that have the iPod as the "recommended" players. This would've been the ideal way to keep Dell out of this market, and would've hurt Microsoft's efforts as well.

    Apple had it good when Dell was selling iPods, and did even better by getting HP to do the same. But then things went worse...

    - Dell started selling their own player. No doubt that MS and Dell together are a huge threat to iTMS and iPod.

    - Linspire/Lindows recommends the Dell player for LSongs. Apple missed a huge opportunity on the Linux side of things. They should've worked with Linspire to make LSongs the iTunes for Linux. (Although one could argue that Linspire has a lot more motivation to work with Dell than with Apple, for reasons outside the realm of the music industry.)

    - Real wanted to partner with Apple. Right now Real isn't selling hardware, only songs. They do not want to go the .wmv route because of their competition with Microsoft, and Real's use of mpeg4 throughout their products makes them a logical licensee for Quicktime and FairPlay. I suppose it also makes them a big competitor in this sector, but a less dangerous one than MS.

    Apple makes most of their money in this business off of iPod sales, so having manufacturers sell iPods, and having music stores recommending them can only be good. If every music store is recommending iPods, and most manufacturers are selling them with their PCs, then Dell and MS would have a hard time penetrating the market. The "all my friends have iPods" and "all the stores recommend iPods" barrier would be tough to break.

    By trying to keep the iTMS pie for themselves, they've created a group of stores that'll gravitate towards the Dell and MS solution. This hurts the Quicktime and Macintosh brands as much as iPod and iTunes.

    Of course Apple might have another route planned. They saturate the market with as many iPods as possible. Eventually everyone who wants a portable player will have one of some sort, so sales will stagnate. They make sure that the only major store selling AAC for all those iPods is iTMS (and maybe some licensed hardware partners who help sell ACC enabled players like HP). Therefore they can keep a huge portion of the market share for online music buyers, long after the players stop selling like crazy. If iTMS doesn't profit now, they can always bump up the price a little bit due to their near lock-in. They also keep a lock-in on the iPod, as all these iTMS files with FairPlay that everyone has bought will not play on competing portables.

    Unfortunately the second route won't work for Apple for two reasons. One is that Dell and MS are already building many allies in this market, whereas Apple is being very selective in who they will partner with. The Windows monopoly will help MS a great deal here. The other is that the iTMS and iPod lock-in is too easy to break. FairPlay can be cracked, the iPod can be hacked to play other formats, and stores can always sell mp3s which will play on everything. Apple's fights against these developments will only serve to make them less popular, and give their competitors more allies.

    The minute Apple uses the DMCA, they lose a lot of respect in some tech circles. Right now they are the only people in the music industry seem to "get it", and we love them for this. But bringing in Apple legal against Real may show how much at least one part of the company does not "get it". Unfortunately it seems Jobs has a big enough ego and enough hatred of Real to back the lawyers on this one, to whatever ends are necessary. Maybe Read deserves it too, but that doesn't stop this from hurting Apple.

  227. Department 9 by BorgCopyeditor · · Score: 1
    People also KNOW that they're not supposed to use a flat-blade screwdriver as a pry bar. Has that ever stopped anyone? Should Sears be surprised at what people are using their tools for?

    I used to work in the hardware department at Sears (my first job as a teenager). Craftsman tools were mostly guaranteed for life--if you didn't do anything outrageous with them, we were supposed to just give you a free replacement with no questions asked. One guy came in with a 1/2-inch socket so mutilated that one can only imagine he had attached a six-foot long pipe to the end of his wrench, stood on the end of it, and jumped up and down with all of his 250 pounds. We called the manager over. He looked at the socket, shook his head, and gave the guy a new one anyway.

    I don't know what the point of that was. Oh, yeah. Apple is teh rock!

    --
    Shop as usual. And avoid panic buying.
  228. You can't prosecute Apple in this instance by hellfire · · Score: 1

    I'm appalled by this statement, and that it was modded up. Tying two products together does not make one a monopoly. Having too much market share makes one a monopoly. Slashdotters still don't understand what a monopoly is, and they really should.

    If chevy did what you described, everyone would switch to Ford, Saturn, Nissan, or whoever, because they don't have the car market cornered/

    Any such case against apple in this instance is weak. They have 50-60% of the online music market, but they don't have the music market in general cornered by any stretch. You can still buy CDs from hundreds of different places. And you can rip those songs from the CDs and load them on your MP3 player and never even touch the iTMS. People do this quite often (I happen to be one of them).

    That doesn't make this tactic any less immoral, it just means that you can't prosecute them. If in 20 years iTMS corners the market on pay for music downloads and 90% of brick and mortar stores stop selling CDs, THEN Apple has a monopoly and should be treated as such.

    --

    "All great wisdom is contained in .signature files"

  229. This is really more complex than it seems. by Anonymous Coward · · Score: 1, Informative

    People seem to be touching on the most obvious parts of the issue between Apple and Real, but i think one needs to take a step back and look at the whole picture to get a real idea of whats going on.

    Apple creates iPod/iTunes, probably one of the nicest pieces of tech made in recent times, kudos to them for that. When the RIAA lashes out at the huge P2P music swapping situation, Apple sees the opportunity for an online music store that can drive iPod sales, and put some much needed cash in their pocket. Steve-O manages to negotiate some rather amazing terms from the big 5 record companies to make iTMS a reality. Noone expects the iPod to become the phenomenon it has become, and now other players are scrambling to get on the bandwagon before it leaves the station.

    Apple, Microsoft, and Real have been in a media format war for a number of years now. Each of them has a personal interest in being the dominant format b/c they are betting that one day the majority of conventional media will be carried on the net and that obviously means huge licensing fees for them. Microsoft bets that its windows dominance will secure its piece of the pie. Real is so hungry and defensive of their prospective piece they are willing use some dirty tactics to keep alive, thus giving them a bad name, making them even more paranoid. Apple, having long time connections with entertainment, plays that card by making Quicktime a production standard and marketing its quality.

    Now Apple has the iPod/iTMS trojan horse, a real coup in the battle for media dominance, that noone really expected. Not only is Apple leading the online music market and in a position to get the best content from the Big-5 and indies in europe, but each iPod they sell ensures a Quicktime installation. They have a relatively loose DRM on their music which allows decent usage by consumers while keeping the very Paranoid RIAA happy, a key to the content Apple is selling. MS and Real are fully aware of these facts and are rather unhappy, that Apple has managed to not only create a viable market and secure the keys to that market for themselves, but also shoehorn Quicktime into the whole thing under their noses. Apple playing goody-two shoes with the entertainment industry this way is a real threat to their designs on the online video/film/tv industry that are betting will soon follow, now that music has shown itself as being viable.

    So Real, desperate as it is, decided to jump on Apples bandwagon, cause they sure as hell arent getting in bed with MS, their loathed enemy. They ask Apple to license FairPlay to them, and Apple, knowing Real is not of any great significance anymore, ignores them. Why would they license their DRM, it could potentially add more Real Players on computers, which goes against their plans anyway. Real then does something increadibly stupid and threatens to get in bed with MS if Apple doesnt license Fairplay, and totally but Real on Apple's shitlist permanently.

    Realizing their blunder, and not willing to face extinction, they decide to get really sneaky. They know Fairplay is a pretty loose DRM and easy enough to circumvent because Independent programmers had already done so. So they reverse engineer Fairplay without Apple's knowledge and announce Harmony, their last best chance to stay a player. They also ride the consumer choice ticket in their announcement, hoping to gain supporters from consumer groups and anti-corporation types, despite the fact that if they had the chance they would crush other formats in a hearbeat to secure themselves. But this isnt enough for Real...and this leads to blunder number 2. The fact that they reverse engineered FairPlay is probably not so important to Apple, the fact that they mean to license Harmony IS.

    Now one could argue that thats not such a bad thing, that means that Real and its licensees can put out iPod compatible music, and Apple is just being closed and rotten for responding they way they have. But there is alot more at stake than music selection, and consumer ch

  230. your kidding yourselves if... by nothing_better_to_do · · Score: 4, Insightful

    Not to beat a dead horse, but just wanted to add that you are kidding yourself if you think that this is about Apple being a bunch of evil, anti-consumer bastards and Real carrying the torch of freedom trying to free us from the tyranny of DRM here. Real wasn't concerned with our best interests or wishes here -- they were concerned with being able to sell songs to a larger audience, making more money and doing it as cheaply as possible (through reverse engineering). There is nothing worth applauding here folks in terms of companies caring about end-users and freedom. Get over it.

    1. Re:your kidding yourselves if... by dfghjk · · Score: 1

      Except that, from the customer's perspective, Real is right and Apple is wrong. Having the choice to use Real's service with the iPod will be nothing but a potential benefit to customers while locking that out only benefits Apple. No doubt both companies want to make money but at least Real isn't trying to screw the customer in order to do so.

  231. iPod Disclaimer by ztirffritz · · Score: 5, Interesting

    I think that all Apple can do in this case is make it blatantly obvious that if you install any 3rd party software or patches from any other company on the iPod the warranty is void and support is discontinued. I think that if you buy an iPod then you own it, but if you modify it then you're on your own. The selling point of the iPod is that it is a seamless integration with iTunes. The average user won't be able to understand that their problems were caused by Real instead of Apple if their iPod quits working. Unfortunately, this is the corporate equivalent of the "fight or flight response". Real has 1 (one) digital player that supports their format. Apple has 1 (one) that supports their format. The player that supports Real's format accounts for maybe 1-2% of the market and is dropping, Apple's player accounts for 40-60% of the market and is increasing. Real has realized that their only hope for survival is to get their format on the iPod. If Apple agreed to let them in it would be no problem. If Real figured out how to do it without screwing up the iPod, no problem. Real has essentially squatted in Apple territory and placed Apple in a bad situation. If they break Real's hack, either accidentally or intentionally, Apple looks like the bad guy to the consumer. The only other option is to support Real's hack, essentially condoning their squatter's rights. Apple absorbs all of the responsibility, while Real reaps the rewards...Option 3, which is a very Microsoft style tactic, is to sue the other guy until they give up or run out of money. Either way the problem is solved. Eventually Microsoft is going to enter this fray like a bull in a china shop and we'll all lose...

    --
    Why doesn't anything interesting happen when I have mod points?
    1. Re:iPod Disclaimer by dfghjk · · Score: 1

      The selling point of the iPod is that it is a seamless integration with iTunes? Hardly. I thought the selling point of the iPod was that it allowed you take a large amount of music with you. iTunes lasted a day on my computer before the abomination was removed. I don't like jukebox software in general but there is better than iTunes and XPlay offers a better connection solution than iTunes does.

      Just where do you get the idea that patches will be required on the iPod? Certainly Apple may "require" it when the attempt to break Real's solution.

  232. Re:I'm puzzled, surely this a *good* thing for App by proj_2501 · · Score: 1

    That is not profit. That is revenue. Subtract the operating costs from that 15-20%.

  233. I think apple is right here by imnuts2 · · Score: 2, Interesting

    Ah the crowd at slashdot is different from the average consumers. While we applaud innovation and hacks here the average consumers does not.

    What real did here is not just open up access to the ipod they are creating an inconsistent behavior for usage of the ipod. Imagine my grandma buying an ipod for use with the songs she bought from real, It could be confusing she calls apple tech support and she is left in tech support limbo . This would only hurt the ipod's reputation as a elegant easy to use audio player.

  234. Re:Apple is the most infamous company in the world by Anonymous Coward · · Score: 0

    So if I steal your computer, and then send you some flowers to distract you from your stolen computer, does that make it all better?

  235. /., meet the real Apple Computers, Inc. by Anonymous Coward · · Score: 0

    Apple has always fought to protect their monopoly. Is anyone really surprised here that their using the DMCA now to keep their iTMS, iPod monopoly in place?

  236. Re:Enough already (Buyer Beware) by Anonymous Coward · · Score: 0

    you buy and break it.
    it's your loss.
    you understand this I'm sure, it's a fair enough situation.
    It's your Hardware after all.

    you buy
    another company breaks it.
    it's still your loss. (after all you installed)
    but is that really fair?

  237. Re:Read the next sentence by Bastian · · Score: 1

    What they really said was, "The iPod will only play songs you download from iTMS. Also, the iPod will play songs you download from (almost) anywhere else."

  238. Translation by billcopc · · Score: 1

    Ok I just woke up and my brain hasn't warmed up yet. I thought you could transfer just any music to the iPod (no, I don't have one yet), well, any music that isn't encumbered by non-Apple DRM. I'd think the best way for Real to enable their music purchases on an iPod would be to turn the file into a naked MP3/AAC but that's probably illegal for Real to do.

    So now what is this Harmony software and how does it work ? Does it fake an Apple digital signature, or does it even upload directly to the iPod bypassing any Apple security features ? Both of these scenarios would mean that Apple's IP is at stake, just like DeCSS was born out of Xing's crappy DVD software. Someone could reverse eng Harmony and render Apple's DRM obsolete, so it is quite natural that they will defend themselves.

    --
    -Billco, Fnarg.com
  239. Why not? by MorePower · · Score: 1

    Why can't you put Honda engines in Hundai cars? I mean, they might not fit very well or whatever, but if someone made the neccessary adapters/modifications to put one in I'm pretty sure it would be legal. I know car-ethusiast types sometimes put engines from different car models into thier cars.

  240. Wrong by Anonymous Coward · · Score: 0

    "hey did not try licence the technology from apple, they hacked it."

    This is incorrect. Real did try to license it from Apple, but Apple declined.

    Since I've knocked out the central underpinning to your argument, surely you'll admit that you're wrong on this and that Apple is also wrong?

  241. Re:Not cool? No, your complaint is not cool by ColMustard · · Score: 1

    have companies behind them which actually listen to us when we have complaints.

    Funny thing is, Apple has listened to our complaints. It just so happens that we don't have very many. And in case you were curious, I doubt the lack of compatibility with Real's files was a complaint Apple heard very often.

    But we sure complained about battery life, didn't we? Lo and behold they fixed it.. along with dropping the price and throwing it various other features that may or may not have been asked for.

    Why you think Apple isn't listening is beyond me.

    --
    Moof.
  242. Yeah, uh, so? by Anonymous Coward · · Score: 1, Insightful

    "Apple derives value from producing a complete system. "

    Great. They have a business model. As a customer, I'm not obligated to follow their model. I'm only obligated to pay them money to buy their product. At that point, its mine to do with as I like.

    As a competitor, Real is not obligated to follow their model; they have the right to attempt to sell things to people with iPod.

    Get over the apple fanaticism already. Its clouding your judgement.

  243. not so fast... by Thumpnugget · · Score: 2, Insightful

    Until you can produce some proof that opening it up will sell iPods, your argument is speculation. For all you know, the dilemma of choice, having too many options, could make it less attractive and drive down sales. What, you say? I would argue that one of the reasons the iPod has been so successful is precisely because it is not a swiss-army knife type of gadget. It does one thing very, very well, and doesn't try (very hard) to do anything else. The experience from purchasing to listening music is simple and well-thought out. Other options diminish the value of the integration.

    If Real starting licensing their scheme to others, as they've hinted that they would, you have immediate evidence of revenue Apple should be earning that is going to another company.

    Also, don't forget that if someone else's software works poorly with the iPod, it tarnishes the image of seamless integration that Apple strives to maintain. There are other posts here explaining that position more thoroughly.

    There is no tautology, and this is a very complicated situation indeed. If the iPod sales drop, either my original argument or yours could form the basis of a lawsuit by the shareholders. In fact, situations where executives of a company have been sued by two different groups of shareholders for not taking opposite courses of action have occurred. Usually one is dropped as having no merit, and those people all go join the other suit. :)

    It doesn't really matter to me, personally, since I'm not an executive at Apple. But don't you think that if anyone should open up the iPod, it should be Apple, not Real?

    --
    Free yourself. Everything else will follow.
  244. When I read stuff like this... by Anonymous Coward · · Score: 0

    When I read stuff like this, I'm reminded of the nonsense that fanboys spew about Sega/Nintendo/Sony/Microsoft and their game systems. Like somehow there are good guys and bad guys.

    Dude, do you know the difference between Apple and Microsoft? About 84%.

    Huh?

    That's the difference between their market shares. You look amazed. You think that Apple is in it for the "cool" factor.

    Jimmy, you're really confused. And that confusion is making you talk nonsense. In your world view, apple, was kind, gentle, nice, and reall hip. They didn't exactly embrace open standards, but they weren't afraid of it. Heck, did they use BSD to build OSX?

    So you see something that the LH side of your brain says "this is wrong, apple is wrong here", but your RH brain says "Oh Jimmy, this is apple, they're cool, and hip, and so Real is really at fault".

    Repeat to yourself, apple is the same as everybody else; they just make prettier computers. It doesn't make them more moral, just, or nice. It just means they make computers you like.

  245. Re: Fuck Apple by ColMustard · · Score: 1

    Actually, they don't talk about choice. You're puting words in their mouth. Perhaps the iPod isn't what you think it is. It's a device sold by a company to make a profit. Like any other consumer device put out by a company looking to make money, it doesn't say 'choices' it says 'buy me.'

    If you're going to ignore it because it doesn't say 'choices,' you'll probably be ignoring a whole lot of products, but that's your choice.

    --
    Moof.
  246. The line ... by akintayo · · Score: 1

    It becomes wrong when Apple places their interests above those of their customers.

    If Apple refuses to license Real's media format their customers lose. In licensing Real's media format Apple would have to pay licensing fees. They would also be boosting Real's media format at the expense of their own. In this scenario the costs to Apple are quite high, and their decision not to license seems fair.

    If Apple refuses include a license-free (to them) implementation of Real's format they have crossed the line. Their customers still do not have access to Real's music library, and Apple could've provided it for a reasonable cost. I am assuming their would be additional support costs.

    If Apple blocks a third party from releasing a patch that allows Real's format to work there really is no excuse. Their customers would've benefited, and there is no cost to them.

    I don't doubt that Real would try to stop alternative players, but I don't think anyone considers Real a company to emulate. I see Apple's behaviour as equivalent to "Linux" or Microsoft going after Wine for allowing Windows programs to run on Linux

    --
    Woe be on to them, all who rise against poor people, shall perish in a the end. Buju Banton
  247. forgeting where they came from... by c64k · · Score: 1

    "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod..."

    Uhm, if it weren't for the "tactics and ethics" of two hackers Apple wouldn't exist today.

    asshats, with very pretty toys, but asshats none the less.

    --
    CIA Industries - Running the world for fun and profit
  248. Unless your iPod is different than mine, they don't play WAVs - only AAC, MP3, and ALE.

    1. Re:WAV? by Ohreally_factor · · Score: 1

      WAV = AIFF with slightly different header information. You can convert losslessly.

      --
      It's not offtopic, dumbass. It's orthogonal.
  249. Who cares? No, really! Who cares? by Anonymous Coward · · Score: 1, Interesting

    I sorta doubt that Apple will go to court over this one, and if they do, it won't be DMCA related.

    It's not like Real is gonna patch the iPod BEFORE they're shipped. It needs to be a conscious effort on the user's side, and really, when was the last time you met/heard of a die-hard Real fan that was bitching about not being able to use the Real format on the iPod?

    I personally think Apple should clam up and just let Real do it's shenanigans. There's no real harm. (Pun not intended.) If anything, Apple should just say "yeah, go ahead, but hey... your software's crap! So no complaining when things start crashing!" I own an iPod. I love it, and I would never patch my iPod. I also own a Mac, and love it. The reason I love it is because it integrates so damn well, and works the way I expect it to work. Even if I had a choice to run Windows on my PowerBook, or MacOS X on an x86 platform, I wouldn't. Choice is good, but seriously, I have no reason to want to try these things. Apple has done a good job at creating great hardware/software products that just WORK, and this is probably why most people aren't really complaining about the closedness of it all.

    One other thing is that Apple hardware doesn't die as easily as PC hardware or cheapo MP3 players. I think that's another satisfaction point that justifies the high price. Really, Apple could make more (short term) money by making cheaper machines with cheaper parts. But soon people would catch on, and they would move away from the Mac. Apple knows this, and just makes good hardware/software. My iPod has really, really taken a good beating over the last couple years, and it still just goes. And it plays MP3 and AAC. I use it on the train, which has plenty of background noise. With ear-buds (in a train or outdoors), I swear there's no difference between an MP3 and a CD. If I'm at home, I'd just listen to the CD. (Because I OWN MY OWN CD'S!!)

    'Nuff ranting, and back to Real. Weren't these guys pucking up to Apple a while back trying to get their format integrated into QT? Didn't Apple basically say "WTF!? You surely came out of the blue! Benefit on our side? Let's think for a moment. Hmmm. Nope. Go fuck yourself." And I agree. Bloatware, adware aside, Real sucks really, really bad. It was great for pre-broadband era. QT sucked in the pre-broadband era. However, it's a general design difference. QT kicks ass with high-bandwidth. Real sucks. And the music format? Seriously. When was the last time you ripped a CD to real format? When was the last time you downloaded an .rm song? When was the last time you BOUGHT an .rm song?

  250. Who the hell cares? by enginuitor · · Score: 1

    Who cares if Real decides to hack RealMedia support onto the iPod? You have to be pretty stupid to pay for RealMedia content, considering the extremely lossy compression and unbearable video/audio artifacts even in their "high-quality" streams. You'd have to be even stupider to void the warranty on an expensive piece of hardware simply in order to play crappy, expensive media.
    IMHO, anyone who wants to install the patch on their iPod can go ahead and do so. Your warranty is void, good riddance. Enjoy your $300 brick.

  251. Re:Not cool? No, your complaint is not cool by Basehart · · Score: 1

    Microsoft gave iRiver players away after a WMP product demo not too long ago. I fiddled with it for a few hours, decided it was a total piece of junk and threw it in the trash.

    But there again I'm the kind of guy who will pay extra for a TV with a better picture than a cheaper model that has a crappy picture but has more inputs, outputs and a bigger remote with more buttons.

  252. Castlevania by Graymalkin · · Score: 4, Insightful

    Apple being pissed at Real has little to do with the iPod or iTunes. What this is really about is Quicktime. Quicktime is the reason Steve Jobs laughed at Glaser for wanting to license FairPlay. Quicktime is required to use iTunes and to play their protected AAC files. Allowing Real to use their AAC implementation will make iTunes and thus Quicktime entirely unneeded to own an iPod.

    Apple is in competition with Real. The Quicktime format and exclusive codecs (Sorenson et al) is in competition with Real and Microsoft and their formats and exclusive codecs. Until the iTunes for Windows Quicktime was largely in decline on Windows. With fewer Quicktime users there's less demand for Quicktime formated content. Without Quicktime formated content Apple and their user base end up at the mercy of Real and Microsoft in the media realm. Microsoft has already essentially crippled WMP for the Mac, its only a matter of time before it is canceled entirely.

    If Quicktime on Windows were to die the Quicktime user base would shrink precipitously. It would no longer be viable for media companies to use the format so they'd switch entirely to Real or Microsoft owned formats. Microsoft would surly kill WMP for the Mac at that point leaving Mac users unable to access vast amounts of online content. Without the ability to create widely accessible content on Macs (Windows Media) people would stop buying them for content creation. Eventually people would stop buying them entirely since they wouldn't be able to view anything but old Quicktime files.

    Using the DMCA is a bit absurd in this case all else being said. Apple doesn't have any say in how exactly I use my iPod once I take it home after paying umpteen hundreds of dollars for it. If I want to go home and install Linux on it that is my prerogative. I can understand them not wanting RealMedia files on the iPod but they're going about this is a very bad way.

    --
    I'm a loner Dottie, a Rebel.
    1. Re:Castlevania by Anonymous Coward · · Score: 0

      It gets worse.

      Cleaner, formerly known as Media Cleaner, was recently bought by Discreet - a rabidly pro-Windows company - and has yet to make a Mac version of its software that can even produce WM9 files, even though the SDK was released by Microsoft over two years ago (they're about to release WM10).

      So, the only way a Mac user can make WM9 files is on a PC.

      Enter Real, which may as well be called Microsoft at this point, to further stick the dagger into QT, and you begin to get the picture (sic).

  253. Re:Not cool? No, your complaint is not cool by BasilBrush · · Score: 1

    Yeah right, and day turned into night because you told it to. Obviously, no one would expect a portable product to improve it's battery life with new product revisions. And dropping the price/increasing the HD size of a computing device? What a novel concept. They certainly needed you to help them dream that one up.

  254. Re:Not cool? No, your complaint is not cool by BasilBrush · · Score: 1

    Fantastic! So if there's a player out there that uses the formats that you want then the problem is solved. No need for you guys to keep whining on about the iPod needing to support them too.

  255. Re:Not cool? No, your complaint is not cool by ColMustard · · Score: 1

    Notice I didn't say anything that was done was "novel" or particularly impressive. You've totally missed the point like I would expect any average slashdotter to.

    --
    Moof.
  256. Apple rerelease of 1984 commercial by dfghjk · · Score: 1

    which reminds my of how pathetic I thought the rerelease of the commercial was. What it really said was "We said we would revolutionize the world, destroy the groupthink of the IBM mentality, but what we really meant is that 20 years later we would be hawking nothing more than this little music player you clip to your belt." If you're going to talking trash you need to back it up and Apple sure hasn't lived up to its mouth. I could think of nothing more belittling to Apple's reputation yet they did it themselves.

  257. Re:Not cool? No, your complaint is not cool by skiflyer · · Score: 1

    You know what cracks me up the most about your battery example. They fixed it, with software. And refused to release the firmware fix, instead, they bundled it in a new player.

    That's why I think they aren't listening, because they sell you free fixes, and every add on possible... that idea is funny to me.

  258. Man... by GreenKiwi · · Score: 1

    I don't know why anyone whould buy anything from Real. People don't want their products, and they're giving it away.

  259. Re: Diversity of Opinion != Hypocrisy by gidds · · Score: 1
    Absolutely.

    One thing I'd like to say (other than "Spellchecker!" I mean, you didn't misspell 'hypocrisy' just once, but three times, and that's after copying it correctly from the grandparent!) is that not only does the grandparent grossly oversimplify Slashdot, it also oversimplifies the issues.

    Apple is a corporation that does a lot of things; some seem good (to me), some not so good. Characterising them as 'good' is naive and pretty meaningless. Ditto the other entities in the case. Real may have done lots of things that annoyed lots of folk here, but that doesn't necessarily extend to everything they've done, much less everything they might to in future. (For example, Real 10 being based on the AAC standard...)

    It might make for nice cute shorthands and terse posts, but it doesn't help anyone understand the issues or make intelligent discussion.

    --

    Ceterum censeo subscriptionem esse delendam.

  260. You're not cool. by Ohreally_factor · · Score: 1

    Yeah, yeah, we've heard all about what you want from an iPod ad naseum. It gets boring, but whatever.

    What is curious. . .well, actually it's ridiculous. . .is that you think that people wanting something different than what you want is somehow wrong, or as you put it, "uncool". That people have the nerve to actually purchase what they want rather than what you think is best for them!

    Different people have different needs. If your needs are satisfied by the iRiver, fine, wonderful, go buy one. Asking others to subsidize your purchase or to reward a company that offers features that they don't want or need is absurd, not to mention self-serving. This doesn't drive competition.

    It's really not cool dictating to others what they should buy based on your wants and needs. Maybe you're the coolest guy in the world in other things, but here you are definitely not cool.

    --
    It's not offtopic, dumbass. It's orthogonal.
  261. And they have to protect themselves from Microsoft by tentimestwenty · · Score: 1

    Microsoft or Real would both go after anyone who opened up their device to a third party format, Apple is no different. Look at Sony and the Playstation and all the other legal action against any company that tries to get some unintented format or functionality to run on a competitor's device.

    The real problem for Apple is that it has a history of having to compete against ALL other companies who actively gang up to take it down. When Real licences Harmony to Microsoft and Microsoft throws 10 bazillon dollars into selling WMA songs that play on the iPod, what chance does Apple have to stem the tide? Real is just playing a card as a middleman, a tick on the side of a cow that forces it to swing it's tail, hopefully killing the other ticks it doesn't like. We all know that Real is not going to win the download or the portable music player game. They're just pre-emptively selling out to Microsoft.

  262. Wow! You see the future! by Ohreally_factor · · Score: 1

    Let me know the next time you have a seance where you channel Steve Jobs. I've got some questions for him and he's not returning any of my calls.

    On second thought, maybe I shouldn't put too much trust in your psychic abilities. After all, your prediction about Apple Zealots modding you down has been so far proven incorrect. As of this writing, the mods seem to have just ignored you.

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:Wow! You see the future! by Anonymous Coward · · Score: 0

      After all, your prediction about Apple Zealots modding you down has been so far proven incorrect. As of this writing, the mods seem to have just ignored you.

      It's called reverse psychology. I was daring them to do it. In order to try to prove me wrong, they did what I wanted them to do all along.

      LK

  263. Heheh by Ohreally_factor · · Score: 1

    Like the grandparent post, I think that ultimately Apple's case is pretty weak, unless Real actually cracked anything. And even there, Apple's case is not so clear cut, because there are exceptions for software interoperablility.

    Still, I understand why Apple is taking the stance it is taking. From the company's perspective, they've got to preserve the thing they got going on. What if they let it go and then MS buys Real? (and a million other what ifs). Anyway, we'll see what Apple actually does to answer this challenge from Real. So far all they've done is a little legal saber rattling.

    But ultimately, you're correct. Under the U.S. legal system, especially today with the big media companies writing the legislation, there's no telling how this might shake out.

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:Heheh by siskbc · · Score: 1
      Like the grandparent post, I think that ultimately Apple's case is pretty weak, unless Real actually cracked anything. And even there, Apple's case is not so clear cut, because there are exceptions for software interoperablility.

      We shall see - first, I think Apple will be able to convince judges that their device doesn't run "software" in the traditional sense. My DVD player runs some software too...kind of...and we all see how that one plays out. I think they'll easily get around any "software compatibility" considerations. Second, they're bigger and their lawyers can beat up Real's, so that's what really matters here.

      From the company's perspective, they've got to preserve the thing they got going on. What if they let it go and then MS buys Real?

      That's an interesting consideration. Yeah, that should give Apple enough motivation.

      --

      -Looking for a job as a materials chemist or multivariat

  264. Lesser of Two Evils by hyrdra · · Score: 1

    Real is evil, period. While Apple is wrong for their stance on the DMCA and hacking rhetoric, Real is an evil company like a horde expanding its reach onto soverign soil. Real's player and format is a bloated, spyware filled and commercialized junk heap and I think Apple's reaction would be different if this were about another file format (like ogg, etc.). It's all because Real is looking to cash in on Apple's player and innovative music concept by riding on the coat-tails of the Ipod without having to spend a penny on R&D or consumer marketing.

    This isn't about offering "free choice", it's about making money without having to spend as much. More power to them, we need competition, but the entire concept to me is just brute force like.

    --


    "I'll just chip in a bit for RedHat: I actually have that installed on my university machine." - Linus, '95
  265. Heh heh! by Ohreally_factor · · Score: 1

    I recently read somewhere that MS's success was a fluke; they lucked out because IBM bent over at precisely the right moment.

    --
    It's not offtopic, dumbass. It's orthogonal.
  266. What did that article say? by mapinguari · · Score: 1
    Previously, iPod would only play digitally protected songs that carry restrictions and were purchased from Apple's own iTunes music store.

    There seems to be an awful lot of misparsing of this sentence. Try this version:

    Previously, iPod would not play any digitally protected songs that carry restrictions which were not purchased from Apple's own iTunes music store.

  267. huh? by Thumpnugget · · Score: 1

    I would expect any corporation in the United States would likely react similarly in a simlar situation. It's a function of the rules of the system, not of the participants in the system. Any hyprocrisy you see is purely imagined, since corporations are dedicated to protecting the interests of the shareholders, and it doesn't matter at all what I think of their behavior.

    In a similar situation, Microsoft would have the same responsibility, and would likely invoke the DCMA and any other applicable laws. And they would have every right to do so under current law. How it would play out in the courts would likely be very different, however, since Microsoft has been legally declared a monopoly.

    Trust me, I'm not your problem. You're focused on the people exploiting the system. Try fixing the system instead.

    --
    Free yourself. Everything else will follow.
  268. Beaches are a worse example by Anonymous Coward · · Score: 0

    Around where I live in Morris County, New Jersey there are lots of lakes with beaches, all private. There is a lake in Randolph with a beach that is private and only members can swim at. There is Lake Silverspring another lake that is private you have to be a paying member. Minehill beach is also private.

    With lakeside beaches in America the analogy is even worse than people calling the cops on their neighbors to resolve disputes they might solve without cops. You cannot even go to these beaches unless you reside nearby and are a member. The reason? They all have lifeguards, so lazy Americans can have their kids babysat. So because so many want want lifeguards to "protect the children" so many of the beaches are the lakes of America are private and require you to be a local resident and paying member.

  269. Apple is Doing This To Stop Microsoft... by goMac2500 · · Score: 4, Insightful

    Connect the dots, its quite simple. In theory: 1) Real implements iPod support, Apple lets it go. 2) Microsoft implements iPod support (WMA->MP4 translator) with their music store. 3) WMA now plays on iPod 4) iTunes dies because Windows already comes with iPod software. 5) AAC dies along with iTunes 6) Microsoft now has control of the audio market 7) Microsoft cuts AAC support in update, iPod is toast. If Apple allows Real to get away with this, it leaves the door wide open for Microsoft. They know Real can't make a dent in iTunes, even with this. However, Microsoft is a huge concern. If they got iPod syncing running, they could include it with Windows, thus killing off iTunes and giving them free reign of the audio format world.

  270. Re:I'm puzzled, surely this a *good* thing for App by Echnin · · Score: 1

    Didn't he already do that? "after fees to the labels and hardware/software/people costs"

    --
    Lalala
  271. not so. by Thumpnugget · · Score: 1

    Please see my response to the person above. Thanks!

    (briefly: "The ability to play another online music store's DRMed files can only be good for iPod sales because it gives potential buyers s bigger incentive to purchase the product." is a speculative assumption, based on a single sample: you. The iPod's ability to play other music store's files might affect your decision to buy an iPod, but the effect of this ability on other people's decision to buy an iPod is not necessarily identical.)

    --
    Free yourself. Everything else will follow.
  272. How about consumer rights? by Moraelin · · Score: 1

    Yes, companies want to make more money. Yes, greed is what keeps capitalism working.

    However, just like gasoline and fire, we're talking a destructive force which needs to be channelled to work _for_ us, not let it run amok _against_ us. Corporate greed is only good and fine as long as it's channelled to serve the good of society. (E.g., the prospect of making a fortune seems to be a damn good motivation to research and produce cheaper or better goods.)

    But there's a time and place to draw the line. The time when it acts against the consumer.

    There is stuff which is plain old evil, even if done for corporate profit. E.g., spamming by fax is illegal, even though some companies were making a profit out of it. E.g., even the USA eventually recognized that, even though someone's making a profit out of it, most people would rather not be harrassed by telemarketting. Etc.

    Back to Appl3e, in this case it is nothing more than an appalling attempt to lock people into a proprietary one-vendor scheme. It is nothing short of blatant anti-competitive behaviour.

    It's something that /. always cries foul when done by Microsoft. E.g., I don't think many on /. cheered about MS deliberately making Netscape crash, back in the days of browser wars. E.g., I don't think anyone cheered way back when MS deliberately made Windows 3.x crash on DR DOS. Etc.

    It was the same thing: a shameless attempt to lock out competition, and lock you into having one single choice.

    Yes, those were done for corporate profit too. No, it didn't make them excusable.

    So why is it excusable when done by Apple? Seems to me like Apple is doing the wrong thing here, and that's that.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  273. bad analogy: iPod OS != Windows by Thumpnugget · · Score: 1

    If I could buy any mp3 player and run the iPod software on it, and iPod software held an effective monopoly on mp3 player operating software, then you're analogy would hold. But, the software in question is available on only one device from one vendor, and there is no competing software for the device.

    And, there no restrictions that lock a user in to listening to music purchased from Apple. Any music in mp3 or AAC format can be played on the iPod. If Real wanted, they could have made their music available in a supported format and show up automatically in iTunes. Other software does this already (like LimeWire, for example). This is about another company modifying the software on the device to allow playing an unsupported format, not about screwing the consumer over. It's no surprise that the final sentence in Apple's statement is, essentially, "don't be surprised if unsupported modifications to your iPod conflict with supported updates".

    Anyway, this brings up an interesting question: how come someone hasn't hacked the iPod to get, say, the Linux kernel to run on the hardware and replaced the included software with an open source version? Then it would be truly open, and you could have support for any format your heart desires, as long as it was within the hardware's limits.

    --
    Free yourself. Everything else will follow.
  274. Um, *no* by Uberbah · · Score: 1

    Apple is partnered with Microsoft in pushing their Office products, and Internet Explorer when Microsoft actually updated the damn thing. For a while IE on the Mac was possibly the best looking and most standards-compliant browser around.

    Apple and Microsoft also signed a cross-patenting agreement so they wouldn't get into stupid patent fights like Adobe and Macromedia seem to get into every 6 months or so. While I don't know if Apple was given/licensed the necessary information to work with Exchange et all, remember that Microsoft has a vested interest in Not Appearing to Be a Monopoly. That and they make a ton of money on Mac Office.

    Yeah, this is the Kettle Black...

    Or maybe you just don't know what the hell you're talking about. Microsoft and Apple have a prexisting business relationship. Apple and Real do not. While the "ethics of a hacker" comment was a lame comment for Apple to make, hypocrites they are not.

  275. Re:Not cool? No, your complaint is not cool by ColMustard · · Score: 1

    that idea is funny to me

    *yawn* Such is business. You make choices and some choices will piss people off. What a shame. You can't make everybody happy, but you can at least make most people happy. You unhappy people are a minority and you're not going to get anywhere else by moping on slashdot. Go play with your iRiver. Not that there's anything wrong with an iRiver or anything else. Get whatever you want. In the end, nobody cares what you chose. *yawn* Some people buy apples and some people buy oranges. But in the end they're both fruit. Or something.

    --
    Moof.
  276. No, Apple _is_ screwing the consumer by Moraelin · · Score: 1

    "This is about another company modifying the software on the device to allow playing an unsupported format, not about screwing the consumer over."

    Real did _not_ modify Apple's software. Real only figured out how to save a file in Apple's proprietary DRM-ed format. They're only saving a DRM-ed file in a format that the iPod can read. That's all.

    That was Real's heinous crime: writing a utility to convert between two file formats. That's all.

    It's like Microsoft using DMCA to stop OpenOffice from saving Word or Excel files. It's _that_ idiotic and anti-competitive.

    Only suddenly that counts as good and fine, because it's from Apple.

    And how the fsck is it good for the consumer? Real allows you to play more downloaded songs on the iPod. Apple wants you locked into only what Apple itself offered. How the heck isn't it screwing the consumer over? Geesh.

    "And, there no restrictions that lock a user in to listening to music purchased from Apple. Any music in mp3 or AAC format can be played on the iPod. If Real wanted, they could have made their music available in a supported format"

    Again, you're wrong. The iPod only supports Apple's own proprietary DRM scheme.

    And again, _all_ that Read did was save a file in, yes, the kind of DRM-ed AAC format that the iPod supports. Yes, they did exactly what you preach. And Apple is waving the DMCA to stop them from doing that. How do you defend that?

    And please don't give me the "so offer the files without DRM". You know that isn't an option. Most music labels only allow downloads if they're DRM-ed. Sure, you could always use a warezed MP3 on the iPod. But _legal_ download usually _must_ be DRM-ed.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:No, Apple _is_ screwing the consumer by Thumpnugget · · Score: 1

      Only suddenly that counts as good and fine, because it's from Apple.

      I never said that. I only said that it was legally within their rights and arguably within their responsibility to their shareholders. I would expect other companies, yes, including Microsoft, to do the same. It's an issue for the courts to sort out whether its legal reverse engineering or illegal circumvention. Like it or not, that's the way the system works, and if you don't like, maybe you should do something to fix the system.

      And how the fsck is it good for the consumer?

      Here's a better question: how is any DRM system good for the consumer? Why should I buy any DRM music, be it Real's or Apple's? Either way, it's still use restricted and I get screwed on the deal.

      And please don't give me the "so offer the files without DRM". You know that isn't an option.

      How about 'don't buy any music encumbered by DRM'? I only buy CDs (which sound better anyway), which I then convert to the format of my choosing, or download legal mp3s with no DRM. I'm voting with my wallet: I refuse to support any DRM scheme, plain and simple. Some argue this is precisely what the record labels want, but until I can download audio of near-CD quality with no DRM, I'm not interested in purchasing any music as a digital download.

      And I really, really, really don't care if one company's DRM scheme won't interoperate with another company's DRM scheme. I hope they end up screwing each other over in court over it. Maybe an expensive, ongoing lawsuit will make them realize there's less financial advantage to having DRM in the first place.

      --
      Free yourself. Everything else will follow.
  277. I'm really disappointed by Polaris · · Score: 1

    I thought the Slashdot crowd would see through the Real handwaving and doublespeak. I guess the old anti-Apple prejudice is just too strong.

    Real CREATED this problem THEMSELVES by backing the wrong horse: Microsoft DRM. Now that Apple looks to be winning the race, they want to switch. Apple says no thanks, that's not how we do things. Real says fuck you, we'll make it so our crappy, overly-restricted DRM works on your customers' players. Apple should be happy about this? After creating minimally-restrictive, easily-circumvented DRM and selling it to the labels, you want them just to say "Great, happy for you to pollute our customers' user experience with your crap"?

    The clues are even in the language. Real talks about "consumer choice winning over proprietary formats". That's already happened. Real and Microsoft are the ones selling a proprietary format, not Apple, and consumers have already made their choice: Apple. Anyone with half a brain can see through this crap. The pity is I thought there were more people with half a brain on slashdot.

    This is not about Apple telling you what to do with your iPod. You can already put anything you want onto the iPod except WAVs and Microsoft's DRM crap. If you for some insane reason want to do that, figure out how to do it and go right ahead. No-one will stop you. But there's a slight difference between doing that, and trying to mislead iPod owners into thinking that somehow you are doing them a favour, when all you really want is to take advantage of the iPod market success to sell your crappy product that no-one wants. Don't expect Apple to lie back and take it.

  278. Re:I'm puzzled, surely this a *good* thing for App by proj_2501 · · Score: 1

    indeed. i'm not sure that's what jobs said but i am too tired to look it up

  279. Re:Not cool? No, your complaint is not cool by BasilBrush · · Score: 1
    You didn't actually make a point beyond saying that Apple must be listening because they improved certain things that they were obviously always going to improve anyway. Perhaps a point was in your head when you wrote your post, but unless you actually make the point, or at least allude to it, no one, not even "the average slashdotter" is going to know what it is.

    Did you actually have a point at all?

  280. Can someone explain Real's technology? by rdube · · Score: 1

    What does Real's app do? If it simply transcodes a Real file into an MP3 as it transfers to the iPod, then there's no hacking going on. This way the user keeps the DRM-protected Real file on their desktop, and has a "untransferrable" (strictly speaking not true, but true as the iPod is shipped) copy on their iPod.

    How does Real's application make it so that the iPod accepts and plays the Real file??

    Thank you

  281. Of course! by xiaodidi · · Score: 1

    I have a few GBs of non-protected MP3s and ACCs on my iPod, and I play them all the time.

  282. In Corporate America, iPod owns YOU! by ajs318 · · Score: 1

    I do not own any Apple kit; and, if this legal action goes ahead, I don't think I ever will.

    The iPod is a "walled garden" - where the pretty flowers and nice bushes are there mostly to distract your attention from the razor wire and armed guards. The iPod will play unencumbered song files without question, but will refuse to play DRM-encumbered AAC files unless those files were obtained via iTMS. Now, it seems to me that what Real have basically done is forged Apple's electronic signature (or, maybe, just one particular loop or squiggle that the iPod was looking for) to cause it to think that Real's DRM-encumbered music files were supplied by iTMS and therefore fit to play on an iPod.

    Now, I don't like Real one bit. I firmly believe that anyone who offers media files for download should be obliged to provide sufficient details to enable a competent person to decode them. After all, it is widely documented how to build a radio receiver, analogue record player, CD player, tape recorder &c. Real goes right against this. Call me a zealot, but I find no shame in supporting Open Standards -- nor in violently opposing closed standards. I certainly don't believe it is at all legitimate to sell a person something and then try to keep secrets about that thing from its new rightful owner. I can see some vestige of legitimacy in binding the owner to keep those secrets, but it is a simple common law property right that one is automatically privy to any secret contained in any article that one owns, by sole virtue of ownership.

    But I can't hold Apple blameless either. I don't agree with DRM, at least not in the way that it is being abused here. For one thing, it does not work -- it has already been demonstrated that the "protection" offered by Apple's misleadingly-named "FairPlay" scheme is somewhere between questionable and worthless. It does not prevent unauthorised copying -- unsurprisingly, since that is physically impossible. Nor does it improve the fidelity of reproduction or lessen the downloading time. It adds to the cost with no real benefit, and ought to be a candidate for extinction.

    And if I have purchased an article -- such as an iPod -- with my own money, that I earned through my own hard work, by hand or by brain, then it is not for anyone to tell me what I can do with my own property. Obviously, there are valid exceptions -- just because I own a knife, does not give me the right to stab people with it -- but, in the case of a person transferring music not purchased from iTMS onto an iPod, Apple is not harmed any more than they would be harmed by that person not owning an iPod. Indeed, if -- as many have suggested -- iTMS is a loss-making operation, subsidised by the sales of iPod hardware, then it would actually be beneficial for Apple that people are not buying music from iTMS!

    Apple have brought this situation entirely upon themselves. I hope they take Real to court, because I don't like Real -- and I also hope they lose, because I believe that is what they deserve. In fact, it's better than they deserve. Back when I was in Primary School, there was a newly-started home computer company, founded by two self-proclaimed "hackers", who used to supply complete circuit diagrams and ROM disassembly listings with the machines they sold. The name of that company was Apple. It is quite clear that the Apple of today has abandoned everything that the Apple of yesteryear stood for.

    --
    Je fume. Tu fumes. Nous fûmes!
  283. Re:Not cool? No, your complaint is not cool by Anonymous Coward · · Score: 0

    You can't compare Apple's proprietary iPod to Google. As far as I know, Google has _always_ run on any web browser. They've never tried to limit your searches to a particular browser, and I don't think they prevent sites from being in the index if they want to be.

    Not that the iPod needs to support format x out of the box; I don't blame Apex that my DVD player doesn't support DIVX (even though some new ones do). I don't expect them to release a firmware upgrade to add a new format. But I also expect them to leave users alone if we want to modify the player in ANY way. If I want to bother reverse engineering my DVD player, I should have every right to do that. And I should have the right to disclose and/or use my observations (so long as doing so doesn't infringe on any current patents).

    I never really liked Real, and Apple certainly doesn't need to tell them how to make a compatible system. But Apple _shouldn't_ have any right to prevent them from reverse engineering the format.

  284. Re:Not cool? No, your complaint is not cool by Anonymous Coward · · Score: 0

    finally! now I know where all that paste came from that I ate in kindergarten!

    won't somebody please think of the children! :(

  285. Well... by krhainos · · Score: 1

    Who in the right mind would use Real's application in the first place?

    --
    -K
  286. Ummm... Wozniak? by Giggle+Stick · · Score: 1

    It's a painfully obvious comment, but it doesn't look like anyone has made it yet. Steve Wozniak, THE founder of Apple just spoke at the HOPE hackers conference about how he's been a hacker all his life. WTF Apple, why is this so "shocking"?

  287. Re:Not cool? No, your complaint is not cool by maduro55 · · Score: 0

    I want a pony too, but only if it's Open Source.

  288. apple is a shitty propprietary, closed company by Anonymous Coward · · Score: 0

    I am amazed at the number of /. readers who actually like apple a s a company. Its been no secret that apple is a rapacious , smalltime player who preys on geeks who want to be distinguished.
    if apple was the # 1 pc maker, there would be no internet. It would be some shitty proprietary server called i-net, or soemthing equally stupid. and you can bet they would charge for use, and censor everything on it.

    as far as Ipod goes this story is really a moot argument. 1 there have been hacks to the ipod software for a long time, a googl search will give you tns of modding sites an programs that get rid of apples weird copy protection stuff, that was built in since the first gen unit.
    2 most new mp3 players are not as constricted as 'pods. they are usb 2, and the pc sees it as a hard drive. you just drag and drop songs, data, etc on there an go. 3 this is what most ppl with an mp3 player expect. these expecations are also unlikely to change. i wud say at least 90% of ppl who own any sort of mp3 player bought the player so that they could listen to their growing, multi gig free music collections they have from just clicking a finger.
    4 these kinds of ppl are not used to and utterly reject any closed format. there is even a site called ipodhacks.com. this is to say that ipod was not a "closed" or "secure format" for more than a few weeks after it was launched. many companies sell 3rd party interface software that makes of an easy file x fer, and gets rid of all of the rotten apple crippleware.
    5 now this story is MOOT becaus of a simple logical argument. Much good and free stuff already exists for apple, real is another shitty company with tons of spayware, etc.No matter what happens to real, it will make no difference to ipod users because they alreay have tons of better alternatives.

    Even though i really hate apple (memories of jobs dumping tens of thousands pc's into a landfill site, instead donating them to schools etc, shows a company that would rather throw their product in the garbage instead of giving anyone a good deal on it). In spite of this I own an Ipod, and do what i like with it, always have, always will....

  289. iPod does one thing and does it well: by Anonymous Coward · · Score: 0

    For Apple,
    the iPod is an example of product that can to do one thing and do it well:

    PROFIT !!!

  290. Dumbass... by Ayanami+Rei · · Score: 1

    The thing that this girl thinks is neat about the iRiver is that the player doesn't balk when you partition the disc in the first place! It just uses the first FAT32 partition it can find, or if the disc isn't partitioned, pretends it's like a big removable floppy.

    Hence the iRiver is _flexible_, which is why I like it.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  291. Ridiculous Assumption!!!... by ErnstKompressor · · Score: 1
    "...but iPod also plays un-encrypted music files that may have been illegally downloaded."

    What a ridiculous assumption!!! (not on the part of the parent post)

    'May have been illegally downloaded'??? I have nearly 5000 songs that I ripped from CDs that I LEGALLY OWN!!! What kind of journalists are they hiring at CNN?

    Someone may want to let them know that there was legitimate digital music before the advent of online music sellers... sheesh...
    --
    We apologise for the fault in this post. Those responsible have been sacked. -- Signed RICHARD M. NIXON
  292. That's what they're doing! by Paradox · · Score: 1

    Did Apple go straight to court? No! They said, "Stop it. We don't want you doing this. It's probably illegal anyways. Keep at it, and we WILL call the cops."

    If that's not fair warning, what exactly is? You may have the luxury of going, "S'all good." when your neighbor has loud music on in the morning, but what about the people who have work in the morning?

    Don't confuse the issue by saying that Apple is being overly litigious. No one is in court yet.

    --
    Slashdot. It's Not For Common Sense