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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."

123 of 940 comments (clear)

  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 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"?

    2. 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.

    3. 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...

    4. 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.

    5. 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.

    6. 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.
    7. 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
    8. 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.

    9. 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.

    10. 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?

    11. 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)
    12. 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

    13. 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.

    14. 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.

    15. 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.

    16. 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.
    17. 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)

    18. 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
    19. 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
    20. 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
    21. 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...

    22. 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.
  2. 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 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.

    6. 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!
    7. 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...
    8. 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.

    9. 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.
    10. 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.'"
    11. 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.

    12. 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)

    13. 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.
    14. 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.
    15. 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.
  3. 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.

  4. 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 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.
    2. 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.
  5. 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.

  6. 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 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!
  7. 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 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.

      --
    2. 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

  8. 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.

  9. 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 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.

    2. 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?

    3. 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.

  10. *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 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!!!!
    3. 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.
  11. 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 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.
    3. 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"
  12. 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!

  13. 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.

  14. 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."
  15. 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 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.
    2. 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.
  16. 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.
  17. 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...

  18. 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?

  19. 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??

  20. 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.

  21. 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.

  22. bah by sulli · · Score: 5, Insightful

    DRM vs. DRM. A pox on both their houses.

    --

    sulli
    RTFJ.
  23. 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
  24. 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
  25. 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.

  26. 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.

  27. 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.

  28. 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."
  29. 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.

  30. 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 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
  31. 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.
  32. 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
  33. 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.

  34. 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?
  35. 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.

  36. 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...

  37. 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?
  38. 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.

  39. 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?

  40. 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)!!
  41. 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 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.

  42. 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.

  43. 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.

  44. 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
  45. 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.

  46. 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
  47. 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.
  48. 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
  49. 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....

  50. 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.
  51. 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

  52. 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.

  53. 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.

  54. 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.

  55. 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.

  56. 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.

  57. 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.

  58. 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.
  59. 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.
  60. 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.