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Real Responds to Apple's Hacking Claims

ack154 writes "An article on VNUNet gives a sharp response from Real regarding Apple's recent claims of Real using "hacker tactics" to allow music from the Real store to play on the iPod. Real states: 'Compatibility, choice and quality are critically important to consumers and Harmony provides all of these to users of the iPod and over 70 other music devices including those from Creative, Rio, iRiver and others.' The article goes on to outline what they say is a 'clear precedent' for what they have done. And in case you were under a rock it all seemed to start here earlier this week."

27 of 620 comments (clear)

  1. Compatibility, choice and quality by thirteenVA · · Score: 4, Informative

    Compatibility, choice and quality are critically important to consumers...

    In regards to real player these attributes are best defined as:

    Compatibility: Real files only play in real player

    Choice: Choose between real player basic (spyware laden) or real player premium (less spyware laden)

    Quality: Only the highest quality spyware included in RealPlayer

    1. Re:Compatibility, choice and quality by Patoski · · Score: 4, Informative

      Yeah, the spyware problem is so bad that I refuse to connect to any Real stream because I'd have to use RealPlayer. If Real weren't so underhanded about the spyware stuff, I'd be a lot more sympathetic toward their argument. As it is, Apple good, Real bad, even if Real happens to be right.

      If you're using a windows box you can get Real Alternative.
      Download Here

      If you're using Linux there are w32 codec packages floating around for you to install which will allow you to play almost any media format. I'm not sure what is available for Macs since I don't own one.

      Also, in this case shouldn't it be Apple bad, Real bad?

      --
      G. Washington on Government "it is force. Like fire, it is a dangerous servant and a fearful master."
  2. Re:Not up to Real to decide what iPod supports by Dr+Reducto · · Score: 2, Informative

    Yeah, Apple probably is investigating DMCA provisions because the only thing I think Real could have done is encode songs in AAC, and use the iTunes authentication mechanism to allow playback w/DRM on the iPod.

    I could see Apple being pissed about Real trying to sell a service based on using Apple's Fairplay DRM. If Real figured out a way to store MP3's on the iPod (as in no DRM), I couldn't see them getting mad at all.

  3. Re:Interesting summery... by Chanc_Gorkon · · Score: 4, Informative

    And this blurb would be wrong. The iPod and iTunes both still support un DRM'd Music. Ihave over 5 gigs of un DRM'd MP3's on my PowerBook with no issues.

    --

    Gorkman

  4. Re:Buisness model RIIIIIIIGHT by SmallFurryCreature · · Score: 4, Informative
    It has been widely reported that in fact Apple does not make money on iTunes, it makes its money on the iPod. iTunes is there to boost iPod sales not the other way around.

    I thought this had been reported often enough by now.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  5. Too bad they were singing a different tune... by DmitriA · · Score: 4, Informative

    5 years ago when they went after StreamBox.

  6. Choice? by mapinguari · · Score: 3, Informative
    I figured I'd give Real the opportunity to show me this choice, but Real's website tells me:
    Downloads are only available on PCs running Windows 98 and up and with:

    Internet Explorer 5.5, or newer

    Netscape 7.0, or newer

  7. Re:Its just the way they said hacker by swordgeek · · Score: 2, Informative

    Well actually, reverse engineering is explicitly illegal in the USA--that's what part of the fuss over the DMCA is.
    Secondly, if Apple can claim either trade secret or copyright, then Real is in the wrong even without the benefit of bad law.

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  8. Real plugin for xmms by SuprChickN · · Score: 2, Informative

    Works for me. Sure it's a workaround, but nice just the same.

  9. Re:DMCA by Ath · · Score: 3, Informative
    You don't understand the DMCA. You violate the law when you circumvent copyprotection mechanisms. No copyright infringment is required. That's covered by a different law.

    Of course, it does not matter because Real is not circumventing copyprotection. In fact, Real is adding the DRM copyprotection to their own AAC files.

  10. Mouth moves, brain not engaged by Anonymous Coward · · Score: 1, Informative

    "If they have reverse engineered the Fairplay DRM, or used the PlayFair code to somehow encode their files as legit FairPlay DRM'd files then there's probably(most definately) something wrong(legally) with what they have done."

    Lets break it down for you:

    1) If they have reverse engineered Fairplay DRM - Guess what! That's fine. Reverse engineering for interoperability is fine according to the DMCA.

    2) [if they] used the PlayFair code - assuming facts not in evidence

    3) to somehow encode their files as legit FairPlay DRM'd files - If you read (doubtful), you'd realize that Real uses DRM on their files. More interestingly, Real's files use the AAC format. Just like Apple

    4) then there's probably(most definately) something wrong(legally) with what they have done. - You are not a lawyer, you are not a judge, you are not a law maker. You apparently need to be beaten with a clue stick because you're talking out of your ass.

    Stop it already.

  11. Re:Hey let's all see how Real would react by Anonymous Coward · · Score: 1, Informative

    > Real is trying to get their crappy DRMed files onto Apple's platform which,

    Why would Real's 192kbps AAC files be crappier than Apples 128kbps AAC files?

    > I'm led to believe they sell at or below cost

    According to Jobs, the iPod is the moneymaker, while the iTMS is just breaking even.

    > Now Real is trying to get a free ride onto Apple's device?

    Do you think after-market inkjet ink suppliers are trying to get a free ride on HP, Epson, Canon, etc? Do you think they should be forbidden?

  12. Re:Its just the way they said hacker by gordgekko · · Score: 3, Informative

    Amazing since the DMCA explicitly permits reverse engineering to ensure interoperability. Try again.

    --
    You want to know who isn't running Firefox 2.x? They spell it "definately" and "rediculous".
  13. Re:Real codec for exclusive Real only apps? by Kiryat+Malachi · · Score: 2, Informative

    Music from Real's music store is encoded as an AAC file with a DRM wrapper.

    All this software does is take RealDRM and replace it with equivalent AppleDRM.

    --

    ---
    Mod me down, you fucking twits. Go ahead. I dare you.
    (I read with sigs off.)
  14. Re:The iPod is not a right!! by Kiryat+Malachi · · Score: 2, Informative

    Why would Apple complain? This is certainly not going to cannibalize iPod sales (profitable) - it'll, if anything, increase them - and while it might reduce iTMS sales slightly, Apple makes minimal amounts of money off of those anyway.

    --

    ---
    Mod me down, you fucking twits. Go ahead. I dare you.
    (I read with sigs off.)
  15. Dude... by thatguywhoiam · · Score: 2, Informative
    I just want MP3s and an MP3 player - I don't want DRM and I won't by anything with DRM in it. Both Real and Apple can sod off for all I care.

    Where does everyone get this idea that you can only play DRM'd files bought from iTMS on the iPod?

    You can buy an iPod and just rip your own stuff. That's what I do and it works great. I'm in Canada, so no iTMS for me, but it really hasn't bothered my music listening habits. I buy the CDs I want, then keep 'em in a wallet as high-res backups, and use the iPod for everything. It's No Big Deal. No store, no DRM, nothing. Hell, you can even turn off the store icon in iTunes so you never have to sully your eyes with that godless RIAA-0wned enterprise.

    --
    If Jesus wants me it knows where to find me.
  16. Re:Hacker tactics? by k98sven · · Score: 4, Informative

    The DMCA may have a loophole that makes this legal

    It's not a "loophole", it's an explicit exception.
    European law has a similar provision.

    It's there for good reason: To promote competition and not allow DRM to be used for vendor lock-in.
    (Current attempts notwithstanding)

    What the DMCA does is prohibit circumvention of copyright-protection devices (e.g. "cracking"), unless it's done for interoperability purposes.

    However, the EULA might prohibit reverse engineering no matter what. The enforcability of them are questionable, though. The UCITA act passed by some states is thought to make such clauses enforceable.

    But I'm a bit sceptical, since a federal court found such a clause to be unenforcable in 1988 despite a Louisiana state law which allowed such clauses. I can't see why Federal law would not pre-empt the UCITA as well.

  17. No by HBI · · Score: 3, Informative

    No, they didn't. You have to use their actual Real player to play any Real format. Helix by itself is just a stock media player that doesn't know about Real's proprietary stuff.

    It's like Microsoft open sourced Windows but the OSS version will only run OSS applications, not anything Win32. It's Real using the community to develop a media player for OSS platforms.

    You might like or dislike that, but as for them opening up their formats, that's BS.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    1. Re:No by squiggleslash · · Score: 3, Informative
      Now hold on, because while that's an example of being closed, it's not an example in the same way as Apple's DRM is closed.

      What Real said with Helix is that they'll provide binaries to link with Helix for any platform to play the missing media formats. What they'll not do is give you source code. And Real have given away the tools to create Real content for a while now.

      By comparison, when Apple was asked to work with Real (in the same way as, say, if I wanted SquigglePlayer to play RealPlayer streams, Real would compile those binaries for me so such a thing is possible), Apple refused point blank.

      Both are closed in some sense. However the difference is that Apple's is closed completely. Real's formats, on the other hand, are "open" as in "Open Group" rather than (unfortunately) "Open Source".

      --
      You are not alone. This is not normal. None of this is normal.
  18. Re:Hacker tactics? by Jeremy+Erwin · · Score: 5, Informative
    Yes, yes. We must uphold the example of Real, and their heroic achievements in the field of reverse engineering. We must blindly ignore the portion of their own license which states


    2. LICENSE RESTRICTIONS.
    a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation; or (vi) use the MP3 encoder in real time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via the internet or other networks, such as, but not limited to, intranets. You also may not use the RealJukebox MP3 encoder in pay-audio or audio-on-demand applications. Any such forbidden use shall immediately terminate your license to the Software. The recording, playback and download features of the Software are intended only for use with public domain or properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create, copy, download, record or save content files for playback by this Software or to serve or distribute such files to be played back by the Software.
    b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
    c) You may only use the Software for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to songs and other audio recordings, which are downloaded or copied using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.
    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.
    e) The Software embodies a serial copying management system required by the laws of the United States. You may not circumvent or attempt to circumvent this system by any means.
  19. Re:Everybody who's willing to defend Apple by OmniVector · · Score: 3, Informative

    wow. what a moron. apple never claimed their OS was open souce. they said the base system, darwin, (made by opendarwin) is what their system is based off of. at least if you're going to lie, tell one that's hard for people to debunk.

    yeah. apple's SO closed. that's why they use ppc, an open architecture (unlike x86) openfirmware (an open bios implementation), standard component protocls and connections like pci, pci-x, agp, usb, firewire, ide, sata and more. that's why they've now switched completely to DVI monitors instead of ADP. that's why their filesystem, hfs+, has a fully working read/write implementation in linux.. because you know they CLOSED the format of course! (yeah right) more like they opened the documentation on it. that preferences system they use.. it's also know as xml, not some binary registry file. i'm sorry, but apple's only form of lock-in is that no other major manufacturers make ppc mobos and ppc chips besides apple and ibm on a wide enough scale to get high enough performance for os x.

    lockin. yeah right.

    --
    - tristan
  20. There is no "cracking" going on. by Ayanami+Rei · · Score: 4, Informative

    They are just using the trick playfair (now hymn) used... figure out how to ask the iPod for your user keys, try all of them until one decrypts the priv atom in a m4p file, and decrypt the data stream with the key therein. It's just standard AES (128-bit Rijandel). The trick was figuring out how keys are managed. And lucky for Real, all that groundwork was already done for them. Then they could just pull your user keys from your iPod and encrypt your downloads with those on THEIR music site. Easy peasy.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  21. No? by Anonymous Coward · · Score: 1, Informative

    Someone forgot to tell the lawyers at Nolo that there's no Trade Secret law.

    Patents and Trade secrets

  22. Re:Hacker tactics? by milo_Gwalthny · · Score: 4, Informative

    Settle down, man. Analogies are by nature not perfect. That's why they are analogies not similitudes. Just because he used some of your hobbies in his analogies doesn't make them obtuse.

    --
    Milo
  23. Real Networks and ipod by jskline · · Score: 2, Informative

    I don't know what all the hoopla is about anyway. There are only two formats I use and they are MP3, and iTune/iPod lossless formatted. I've heard Real's player, and their formats, and frankly, they suck. They suck bad.

    Most anyone who gets a decent pair of headphones, or a good amp and speakers, and listens to them will discover that they really do suck. For a voice book or something like that, I suppose they're acceptable. But when I can play that same book in iTunes or on the iPod, why bother with Real???!!!

    Why would you want to listen to iTunes stuff on Real Networks player is beyond me??!!!

    --
    All content in this message is copyright (c) 2008. All rights reserved. RIAA is prohibited here.
  24. Off-Topic: Commodore's Self-Destruction by ewhac · · Score: 2, Informative
    I hate that the same business model killed Commodore, yet Apple survives.

    Sorry to wander off-topic, but I watched Commodore's demise from rather closer that would be considered prudent, and I see very little similarity between Apple's business practices and Commodore's.

    Commodore died due to non-existent marketing and aggressively incompetent management. They were used to "fire-and-forget" products that required no end-user support or continuing R&D. The Commodore-128 (and arguably the C-64) was the last such platform meeting that description. It was designed, manufactured, and sold -- end of discussion. You could return it under warranty if it was DOA, but that was about the extent of their "support."

    Then they bought Amiga, and suddenly found themselves not only with the finest personal computer system the world would see for the next 15 years, but an honest-to-$(GOD) computer system that demanded end-user support and continuing R&D to keep it up to date and moving forward. Commodore could never figure this out. They couldn't understand why people didn't just buy the thing and then leave them alone. They had an amazing computer, but what they really wanted to sell was consumer electronic equipment. Commodore's technical staff was first-rate, but was continually sabotaged by an executive management team (Irving Gould, Medhi Ali) that simply didn't want to be bothered.

    Apple's management understood and understands computer system design and enhancement. Commodore's didn't. And so, Commodore died, and (effectively) took the Amiga with it.

    Sorry about the off-topic rant.

    Schwab

  25. Re:It's about the music..... by 0x0d0a · · Score: 2, Informative

    So you mean he makes $10/yr now? His salary at Apple is $1.

    Uh, no. That was a gimmick to market himself as being in the trenches during his early time back at Apple. Even back then, he was getting pricy perks like a $90 million dollar Gulfstream luxury jet from Apple. Jobs was, in 2003, the highest paid CEO in California, and the second-highest paid CEO anywhere.