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Labels Push for a Unified DRM Standard

thejoelpatrol writes "Bad news for Apple fanatics but good news for all the crazy slashdotters who want an iPod but feel dirty using Apple's DRM: the labels are getting together and insisting that online stores standardize their DRM methods. Being the providers of the music, the labels clearly wield a lot of power, but so does Apple: without iTunes, the online music business is next to nothing. Will Apple give in? Not if they can help it -- they're on top of the world. Before anyone messes it up, AAC is an open format, while the Fairplay DRM standard is not."

258 comments

  1. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  2. Ultimately, no DRM is the best DRM. by Max+Romantschuk · · Score: 5, Interesting

    Even though I do understand that content creators wish to protect themselves I believe that no DRM is the way to go.

    The main thing is to focus on having a well working and simple delivery model, and to make sure the content isn't over-priced. DRM ultimately pretty useless, since it can always be broken eventually. If it's simpler to buy the content from a reputable store than getting it over P2P the model will work.

    Tim O'Reilly wrote and excellent piece on the subject in 2002, and it still applies today: Piracy is Progressive Taxation, and Other Thoughts on the Evolution of Online Distribution

    PS. I'm sure a lot of you will disagree, but at least I can claim to be a content creator myself...

    --
    .: Max Romantschuk :: http://max.romantschuk.fi/
    1. Re:Ultimately, no DRM is the best DRM. by NanoGator · · Score: 4, Insightful

      "PS. I'm sure a lot of you will disagree, but at least I can claim to be a content creator myself..."

      I'm a content creator myself, and my feeling is that it isn't good business to take away what makes your product interesting. If my customers want to rip the movie I'm working on so they can watch in on their laptop, why would I expect my sales to go up if I deny them that?

      --
      "Derp de derp."
    2. Re:Ultimately, no DRM is the best DRM. by aussie_a · · Score: 0, Flamebait

      I too am a content creator. In fact I'm off to the toilet now to create some content. I'll donate it to the public domain though. I'm kind like that.

    3. Re:Ultimately, no DRM is the best DRM. by Anonymous Coward · · Score: 0
      The main thing is to focus on having a well working and simple delivery model, and to make sure the content isn't over-priced.

      If the record industry can't turn a decent profit with current delivery methods and artists maybe then should consider outsourcing their stable of artists to India where the average neurotic diva or self-important egomaniac is much cheaper :-)

    4. Re:Ultimately, no DRM is the best DRM. by aussie_a · · Score: 1

      *laugh*

      For those who didn't get either joke and marked them as flamebait and troll: I was talking about going to the toilet. So yes, my creations ARE shit. As in feces. Sheeesh people.

    5. Re:Ultimately, no DRM is the best DRM. by NanoGator · · Score: 1

      "Sorry to say this, but your creations are, quite frankly, shit."

      You haven't seen shit.

      --
      "Derp de derp."
    6. Re:Ultimately, no DRM is the best DRM. by Ohreally_factor · · Score: 1

      I too am a content creator. In fact I'm off to the toilet now to create some content. I'll donate it to the public domain though.

      Digital content is usually ones and zeros, but yours is either number one or number two?

      --
      It's not offtopic, dumbass. It's orthogonal.
  3. Re:The labels by Timesprout · · Score: 1, Insightful

    Actually its more the other way round. If the content providers are not happy they will tell Apple to fuck off and deal with MS or some other distributor to the exclusion of Apple. Hell they can even launch their own online distribution channels if they feel like it.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  4. Re:The labels by Anonymous+Writer · · Score: 3, Funny

    The labels can go fuck themselves.

    Apparently there are some photos circulating the net demonstrating how that can be done, I hear.

  5. It might not be good for Apple to fight this by Maestro4k · · Score: 4, Interesting
    While iTunes is the most succesful online music store out there, and the iPod is a huge success, with the studios joining together to insist on a standard DRM Apple could end up the big loser here. The studios are likely to not give a damn about how big iTunes and the iPod are, they certainly haven't given one about killing off CD singles, moving to an online music market (it took Apple to really change their stance) or even to consider alternatives (such as compulsary licensing) to solve the file-sharing problem. If Apple refuses to budge, or even license, their DRM to competitors, the studios may just standardize on something else, forcing Apple to change to it if they want iTunes to still have licenses to sell music from those studios.

    This should be interesing, Apple is very good at being independent and wanting to be different, but this looks like that strategy won't work out. They must keep the studios happy or the studios will happily take away the music.

    Personally I wonder how this would affect older devices (like iPods) that might not be able to play the standardized DRM. The article makes no mention of this, and while I can't see Apple in particular (and other digital music player makers) wanting to make their older products incompatible, I really would not be surprised if the studios could care less if that were to occur. If it does there will be quite a few incredibly angry folks out there!

    1. Re:It might not be good for Apple to fight this by azaris · · Score: 1

      Personally I wonder how this would affect older devices (like iPods) that might not be able to play the standardized DRM. The article makes no mention of this, and while I can't see Apple in particular (and other digital music player makers) wanting to make their older products incompatible, I really would not be surprised if the studios could care less if that were to occur. If it does there will be quite a few incredibly angry folks out there!

      Imagine all the iPod owners having to upgrade their devices, or even buy new ones. I'm sure Apple would be devastated all the way to the bank.

    2. Re:It might not be good for Apple to fight this by Anonymous Coward · · Score: 0

      Yes, as everyone loves buying new stuff resently after buying very expenive was-new stuff.

    3. Re:It might not be good for Apple to fight this by midifarm · · Score: 5, Interesting
      First of all 90% of all studios are completely independent of any record label. It's the labels and the RIAA that is concerned with DRM. I'm not even sure the artists themselves care about DRM, they just want to be fairly compensated for their artwork.

      what it will take for all of this to get resolved will be something similar to what Peter Gabriel is trying to develop. Perhaps a union of sorts to bring the labels to their knees. For the most part, other than distribution and PR the labels aren't needed for anything. If musicians learned to think and operate for themselves, this might be a moot point.

      A wonderful example is Ani DiFranco. Whether you like her music is irrelevent. She's 100% self promoted, from albums to concerts. It's her production and her money and it's worked out very well.

      I'm just waiting for an established giant to buck the system. When U2 or Aerosmith abandons their label and promotes their upcoming release via online distribution only (George Michael is doing this) the others will follow suit. Just hire a PR agency and collect a check, only a much larger one.

      Peace

    4. Re:It might not be good for Apple to fight this by jrockway · · Score: 1

      Apple really doesn't do stuff like that. An old iMac still sells for several hundred dollars...

      You're thinking of Sony. They obsolete the previous line of products every two weeks, and piss the hell out of their customers. Apple doesn't do things like that.

      --
      My other car is first.
    5. Re:It might not be good for Apple to fight this by Alsee · · Score: 4, Interesting

      I for one am happy to see chaos interfering with DRM crap.

      And actually things are looking pretty good for maintaining that DRM chaos. There is no way in hell Microsoft is going to give up it's own DRM system and adopt the Apple system (even if Apple offered it), and Apple has absolutely no reason to give up their own system. They are THE dominant player in the feild. Why the heck would they want to switch to somthing incompatibile with their huge user base of iPods?

      If the RIAA tried to force the issue they seriously risk an anti-trust smackdown, they are already treading that line pretty close with their current iron fist over online sales.

      I also find it quite comical that the RIAA is whining about Apple prices being too low. The marginal cost of providing downloads is miniscule. Lower prices would drive up volume. Hell, selling non-crippled formats would drive up volume. Many independant artists are willing to accept lower prices per download, hell, there are many artists happy to get their music out there for free. Any attempt for the RIAA to strong-arm Apple into raising prices would also be likely to raise anti-trust issues.

      Hmm, now that I think about it having the RIAA jack up download prices might be a good thing. Its just that much more pressure for people to move to non-RIAA DRM-free cheap or even free music.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:It might not be good for Apple to fight this by pknoll · · Score: 1
      A wonderful example is Ani DiFranco. Whether you like her music is irrelevent. She's 100% self promoted, from albums to concerts. It's her production and her money and it's worked out very well.

      Righteous Babe, Ani's label, now carries other artists as well. She has indeed shown that you can do it the "right way" and still be successful.

      Of course (and this is just my opinion), being an incredibly talented musician also helped her early on. A -lot- of people heard about her from people who had seen her perform. If you haven't had the opportunity, I recommend it.

    7. Re:It might not be good for Apple to fight this by Charcharodon · · Score: 1
      There is no need to fight it. Everyone keeps forgetting that software/hardware is like water, sure you can do things with it, but it has a sneaky way of getting around, over, under, through, or flat out evaporate away from ever attempt to ever truly control it. Look at all the past attempts to standardize anything by the industry, the end result was always the same. The end users everyone either hacked it, worked around it, or flat out left it for something else leaving the control freaks high and dry.

      If they try to hold it over Apples head by with holding content Apple can just dump a product that makes it so easy for the end user to mod that the DRM becomes even more useless than it already is, or they could simply call in their favors since practically every form of digital media creation has a huge element of Apple users.

      They could just simply create their own music lable or production company and tell the big boys to piss off....oh wait they already have (Pixar)

    8. Re:It might not be good for Apple to fight this by Sparks23 · · Score: 4, Informative

      Apple's already released updates for the iPod firmwares multiple times; if the DRM changed, they'd just release a new firmware for the existing iPod owners. They already released the new 'Apple lossless' codec in an iPod firmware update.

      --
      --Rachel
    9. Re:It might not be good for Apple to fight this by Anonymous Coward · · Score: 0

      The iPod more like your average Sony dodad than a Macintosh. It has fairly limited upgradablity. Apple will "do things like that" when they have to.

    10. Re:It might not be good for Apple to fight this by Falsch+Freiheit · · Score: 3, Interesting

      I really love most of Ani DiFranco's music, but the one very confusing thing with her is that while her CD cases basically give permission to copy her music, her label is still a member of the RIAA.

      ( http://www.riaa.com/about/members/default.asp -- "Righteous Babe" is on the list.)

      I'm terribly curious why a label started by a successful and totally independent artist feels the need to be a member of a customer-hating semi-evil organization like the RIAA.

    11. Re:It might not be good for Apple to fight this by gui_tarzan2000 · · Score: 1
      " Apple really doesn't do stuff like that. An old iMac still sells for several hundred dollars...

      You're thinking of Sony. They obsolete the previous line of products every two weeks, and piss the hell out of their customers. Apple doesn't do things like that."

      That would be accurate unless you're a school system that has had to purchase all new Macs or Windows boxes because the software we are required to use is not available in a format that will run on OS9. Since a lot of schools in our country were courted heavily by Apple 15 years ago and convinced that Apple was the "only" way, there are a LOT of very angry school administrators right now. I just came from a conference where a school district has switched entirely to K12LTSP and has one Win 2003 server to run student management and a few other apps because their needed software was only available now in either Win or OS/X platforms. Since their older Macs won't run OS/X and they didn't have the money to purchase all new computers they did what they could afford. They have had to sacrifice a little in future flexibility but they saved over $150k *and* became more productive. They showed off their system now and it is really impressive considering it's running Linux w/ OpenOffice on Pentium 1/133 machines and they run this setup faster than our 1.x ghz/XP/MSOffice setups. For those of you that haven't seen terminal servers in action, the speed will really impress you.

      Regardless, the decisions Apple makes about their hardware/software not being backward compatible really do have an effect on their customers. At least Microsoft allows for a lot of backward/forward compatibility so we don't have to purchase new hardware and/or software every time there's a change in one or the other.

      Personally, I like the idea of *nix being available for both platforms so it really doesn't matter which hardware vendor you want to use if you want to switch to the *nix platform such as the aforementioned school did. If I had to make a choice based soley on price, I'd switch to cheap Intel/AMD boxes and run an LTSP solution. We've got way too many newer PCs running Win98 or higher to be affected by something like this right now but it could change down the road with education budgets being slashed and non-funded federal and state mandates running wildly amok like they are.

      --
      Have you hugged your penguin today?
    12. Re:It might not be good for Apple to fight this by class_A · · Score: 1

      The original iPods have probably already received a DRM update, since they were released well before the iTMS.

    13. Re:It might not be good for Apple to fight this by swissfondue · · Score: 1

      To change an organisation, you need to be part of it. Also membership gives you "inside" information, instead of having to rely on third parties to keep informed.

      --
      Rubies and Pearls are not what you think.
    14. Re:It might not be good for Apple to fight this by Chiron+Taltos · · Score: 1
      Why is the assumption that the "standardized" DRM will be someone else's DRM. What if the industry decides they want Apple's Fairplay DRM as the standard?

      I've read TFA, and not once does it say the labels want everything standardized on Window's DRM, or someone else's DRM. Just that they want it standardized. Well, the logical thing would be to standardize on the DRM which has appealed the most to consumers. Even Slashdotters who "feel dirty" about using Apple's Fairplay DRM, usually admit it's better than any of the other DRM schemes out there. Clearly, Sony fell flat on their face with ATRAC ... and who really trusts Microsoft?

      --
      CT

    15. Re:It might not be good for Apple to fight this by Anonymous Coward · · Score: 1, Insightful

      Right. And let's face it, there is more to the RIAA than just "evil, evil, money, money, stomp on the consumer!!" mentality. Last I checked, there were at least a few hundred labels in the RIAA - obviously far more than just the "Big 5." Most of them are small labels who support really good music and aren't out to make a killing so their executives can buy 20 more Mercedes and 3 new mansions. My favorite label is also a member, and I don't hold it against them. They're in the business of getting incredible music out to be heard by as many people as possible, and the best way to do so is to enjoy the benefits of the RIAA without being one of the bloodsucking evil corporations that also are a part of it.

      I wish we'd stop calling it the RIAA and say something else like the Big 5 or something like that. Those are the greedy assholes we should be fighting. Go on the RIAA website sometime and look at the huge list of member labels. I'll bet there's lots of tiny "indie-like" labels you didn't know were members, and they're probably good people too. I don't boycot the RIAA, I just boycot shitty music. Happily the vast majority of music I love can't be found in Best Buy and places like that (I was there yesterday and found ONE, only one CD from my wishlist of almost 200), and most of it's not released by the evil Big 5.

    16. Re:It might not be good for Apple to fight this by Ohreally_factor · · Score: 1

      You make one bad point and one good point.

      That would be accurate unless you're a school system that has had to purchase all new Macs or Windows boxes because the software we are required to use is not available in a format that will run on OS9.

      Your school has computer equipment that's 7 or more years old that won't run the new software you want? Boo fucking hoo. Don't blame Apple.

      Personally, I think linux us a great solution for schools*, but it sticks in my craw when someone complains that their ancient Mac hardware won't run the software they just have to run now.

      *especially because of how it gives new life to old hardware.

      --
      It's not offtopic, dumbass. It's orthogonal.
    17. Re:It might not be good for Apple to fight this by Vitriol+Angst · · Score: 1

      You are absolutely right about the labels.

      But really, the only way this is going to be resovled is that the LABELS go the way of the buggy whip. That's what they are afraid of and legislating like Hell to stop. Once Apple is the prime source for music, exactly of what use are the Labels? Promotion and distribution can all occur anywhere you have web access and a display, which, in a few years, will be essentially everywhere.

      The RIAA can only be a force for negative progress. They are trying to say that we all should be taxed, or bound in chains in order that they can sell each and every consumer a buggy-whip for their car. We don't need their horse, and we certainly don't need to pay for their buggy-whip.

      --
      >>"ad space available -- low rates!!!"
  6. What is this really about? by wine · · Score: 4, Insightful

    From the article (emphasis mine)

    But Mr Berman said it was vital for the industry to establish a single digital rights management technology as part of a strategy to popularise legal downloads among consumers.

    and

    While Apple has been widely praised for bringing online music into the mainstream market, some labels have complained it has priced tracks too low, making it difficult for them to make a profit from them.

    If a single format will allow for competition between online music stores and at the same time increase the user base, I would expect the prices to drop. But given the second statement, I suspect they would like us to pay more.

    This can only happen when the DRM-scheme they will be proposing is more restrictive then Apple DRM. So this has nothing to do with interoperability. It's about standardizing to a format they have more control over.

    Do they ever learn?

    1. Re:What is this really about? by Anonymous Coward · · Score: 2, Interesting
      From the article (emphasis mine)

      While Apple has been widely praised for bringing online music into the mainstream market, some labels have complained it has priced tracks too low, making it difficult for them to make a profit from them.


      For myself, I find the music store tracks priced too high because they contain any DRM. Consider that I can go to a used CD store, pay $8-9 for an album which is comparable to purchasing same from the iTunes music store, I get a permanent lossless copy without any DRM, albeit I cannot buy songs a la carte.

      Online music purchasing offers initial convienence with the possible future expense of having to hack DRM in order to use your purchase the way you desire. They also do not sell a lossless format, so that when MPG-100 or some other desired format arrives, you can either transcode (and take more, if limited, fidelity loss) or buy the music again.

      My strategy: buy used CDs, RIP them to Apple Lossless Format, archive those files to DVD, stick the CD on a shelf, transcode from Lossless to AAC for everyday/iPod use. The Lossless archive provides offsite backup and a path to transcode to any format with no degradation.

      I expect at least some of the savings from online distribution (no duplication, printing, inventory, shipping or other overhead costs) to be passed along to the consumer in order to offset future possible disadvantages from any DRM. The current sad state is that you get to pay full-price and all the cost-savings from online distribution go into the record industry's pocket.

      And they are still not satisfied.
      .
  7. Re:Very good by InternationalCow · · Score: 5, Informative

    Not at all. Do you honestly believe that the labels are doing this for your (the customer's) good, to enable you to choose the mediaplayer and format you want? Then you're truly naive. Labels are greedy, greedy and greedy, in that order. The only reason that they are banding together on DRM now is that they are afraid that they will lose control (=revenue) over their digital music offerings to Apple, Microsoft or some other digital content provider. Which would serve them right.

    --
    ----- One learns to itch where one can scratch.
  8. Re:Very good by Anonymous Coward · · Score: 2, Funny

    Records labels are doing a very good thing here. Thank god Real Networks saw this, and acted. All any of these 3 out of 4 companies haft to do, is license one and others DRM schemes, then develop software that allows them to decrypt the others DRM scheme into pure PCM and then convert the song with the others DRM.

    OpenMG to Helix
    Helix to OpenMG
    OpenMG to WMA/Janus DRM
    Helix to FairPlay
    FairPlay to Helix
    WMA to OpenMG
    WMA to Helix.
    OpenMG to FairPlay
    FairPlay to OpenMG
    WMA to FairPlay
    FairPlay to OpenMG
    WMA to FairPlay
    FairPlay to WMA
    OpenMG to Helix

    Sony, Microsoft, Apple, and Real actually working together, WOW!!!

    What's hard about this concept?

  9. How long is it... by Bin_jammin · · Score: 4, Interesting

    before the record labels are sued as being a monopoly? I imagine the indy labels all rising up in a class action suit, but I mean seriously, it's been 5 years of announcements like this on an average of once a week or more, I want my music, I want it free (of restrictions) I'll pay a resonable price for decent music I enjoy listening to, and if I want to buy something on CD I'll go to a used CD store. I'm not just on music burnout, I'm afraid I've burned up all the fuel I've used to burn the pyre of hatred for the acts of RIAA and MPAA.... someone help, I need a transfusion.

    1. Re:How long is it... by bersl2 · · Score: 4, Insightful

      Once again: a monopoly by itself is not illegal; abusing one's position as a monopoly is.

    2. Re:How long is it... by Max+Romantschuk · · Score: 1, Offtopic

      Once again: a monopoly by itself is not illegal; abusing one's position as a monopoly is.

      And ironically, a patent is a legal means of acquiring a temporary monopoly on a specific piece of technology, after which the patent holder is free to (in practice, think software patents) abuse their legally aquired monopoly at will.

      --
      .: Max Romantschuk :: http://max.romantschuk.fi/
    3. Re:How long is it... by Alsee · · Score: 4, Insightful

      Once again: a monopoly by itself is not illegal; abusing one's position as a monopoly is.

      Exactly. And the RIAA cartel has been consistantly and systematically abusing their monopoly power. They pretty well exterminated interet radio. They imposed a total restriant of trade against any online sales at all for half a decade. They imposed uniform and opressive terms on online sellers (Apple got a way with slightly less oppressive terms because Apply fought against any DRM at all and the RIAA could not afford an anti-trust smackdown for imposing a Windows-only monopoly on music sales. These slightly less opressive terms are also why Apple is the only semi-sucessful service.) The RIAA has been hit for CD price fixing, more than once if I'm not mistaken. I beleive they have also inflated download costs, and they admittedly intend to inflate them even more. I'm sure there are other examples, but I think I've made my point :D

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:How long is it... by Valar · · Score: 1

      The major labels are not a monopoly. They compete against each other. What they are, because of their numbers and as a result of the difficulty of effectively entering the national music market without a major label distributor, is a cartel. Basically, when several companies collude (which is basically the function of the RIAA right now-- it is the forum of the label's collusion) to gain market dominance, that's a cartel market. Now, in some cases, this is legal, in some it isn't. For example, price fixing is illegal, but only if there is an explicit agreement (IIRC, IANAL). The fact that they can charge tremendous amounts for CDs because everyone does is not enough to sue them for (well, assuming you want to win).

  10. So they do see the light... by RAMMS+EIN · · Score: 2, Insightful

    It's interesting that the media industry, commonly accussed of not "getting it", does see the light on the issue of standards. This might even lead to DRMed content to be usable on open platforms! I think this is a Good Thing.

    And before anyone starts "but the DRM will be used for all kinds of draconical restrictions": remember that you don't _have_ to use any particular product. If you think it's worth it, use it and don't bitch. If you think it's not worth it, use a different product and don't bitch. You make the choice, you get the pros and cons.

    --
    Please correct me if I got my facts wrong.
    1. Re:So they do see the light... by Anonymous Coward · · Score: 1, Interesting
      It's interesting that the media industry, commonly accussed of not "getting it", does see the light on the issue of standards. This might even lead to DRMed content to be usable on open platforms! I think this is a Good Thing.
      I'd expect this common DRM platform rather to be similar to the infamous pseudo-standards, MS style. It would be the advantage of the group that has control over the DRM specs to change these specs deliberately (imagine these people saying, "It's time again to make all of last year's downloads obsolete, just let's cook up a good-sounding explanation for the idi... -ahemm- ... public, har, har").

      And no, sorry, I don't see any good aspects for open platforms in all this unless the "standard" itself would be an open one which I doubt. Some closed source software vendors participating in the DRM system will certainly know how to put massive obstacles against such an open variant. They want to keep out open platforms out of multimedia and the music industry will not have any objections here.

      Walter.

    2. Re:So they do see the light... by NanoGator · · Score: 3, Insightful

      " If you think it's worth it, use it and don't bitch. If you think it's not worth it, use a different product and don't bitch. You make the choice, you get the pros and cons."

      One should not express demand? Right. There's no competition going on here. Because of that, it's not a case of "use another product and quitcherbitchen". It's a case of "this is what you can get, tough shit." If people are not getting what they want, they have every right to complain. Sooner or later, somebody will come along and realize there's demand to fill. If they don't, then it's just accepted and blammo, no innovation.

      Sorry bud, short of piracy, complaining's all we got.

      --
      "Derp de derp."
    3. Re:So they do see the light... by Anonymous Coward · · Score: 0

      ``There's no competition going on here. Because of that, it's not a case of "use another product and quitcherbitchen". It's a case of "this is what you can get, tough shit."''

      It's not like music can only be downloaded from RIAA-controlled sites. There are plenty of sites that offer music from independent artists, for free or for a small fee. Sure, most well-known music has to be obtained through the record industry, and you pay a premium for that. Now that is _exactly_ the choice you have. Either the brand name at a premium, or no premium and no brand. So, quitcherbitchen.

    4. Re:So they do see the light... by Alsee · · Score: 3, Insightful

      First you say that the industry should standardize on a DRM standard to impose, and then you have the GALL to say we should not complain about draconical DRM restrictions because "you don't _have_ to use any particular product"?! That "If you think it's not worth it, use a different product and don't bitch"?! You just got finnished saying the industry should impose a monopoly on the EXACT SAME DRM CRIPPLED CRAP. You say "You make the choice" after EXTERMINATING any choice!

      Pardon my flamage, but it's bad enough when someone advocates DRM crap. It is absolutely infuriating that you have GALL to advocate a DRM monoculture monopoly AND take the insulting tone that people shouldn't "bitch" about it becuase they they have a CHOICE!

      I'll tell ya what, you can eat in the kitchen and get kicked in the nuts, or you can eat in the dining room and get kicked in the nuts, or you can eat in the backyard and get kicked in the nuts, or you can even eat in bed and get kicked in the nuts. If I'm in a good mood I may even let you go out to eat at McDonald's and get kicked in the nuts. If you think it's worth it, eat there and don't bitch. If you think it's not worth it, eat somewhere else and don't bitch. You make the choice, you get the pros and cons.

      God forbid they actually sell the product the public wants - plain old MP3's they can play on any platform, including open platforms. That you can play in WinAmp or anywhere else. Why the hell should anyone buy their crippled products when they can get non-crippled MP3's on P2P that are VASTLY more functional? It's not that P2P is "free", it's the fact that MP3's are not crippled crap. What kind of idiot company tries to compete by offering a crippled product?

      Bah! I'll probably get modded Flame. I don't care. What good is being Karma capped if you don't vent a well deserved rant once in a while? RAMMS+EIN don't take it too personally, I'm tired and cranky and felt like DRM-venting.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:So they do see the light... by KjetilK · · Score: 2, Insightful
      With one DRM standard, it is not going to be a choice. It is going to be DRMed content or nothing.

      And before you go "tough it's their product", may I remind of you of what the Universal Declaration of Humans Rights has to say about the matter:

      (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

      Mark that: Freely participate. It doesn't say that the choice of not listening is OK. It says that it is our right to be listening to music. This is a human rights issue. Sure, you may not care about human rights, but I do.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    6. Re:So they do see the light... by RAMMS+EIN · · Score: 1

      You know, I think you're not really getting my point. Following your analogy, you could eat at McDo and get kicked in the nuts, but if you go to that hippie place you can get a hamburger for less and not get kicked in the nuts. Only it won't be a McDo hamburger.

      With music, the choice is similar. You can get mainstream music at the record store, ITMS, etc. and pay a lot and get DRM. You can also get music from places like Artist Direct or MP3.com and it will be cheaper and without DRM. Only it won't be mainstream music.

      I hope you see what I mean. You really do have a choice, and you really don't have to go with the RIAA et al. Unless you really only want their music, and then you'll have to accept their terms.

      --
      Please correct me if I got my facts wrong.
    7. Re:So they do see the light... by RAMMS+EIN · · Score: 1

      You know, I had rather they leave out the DRM, too, but I don't think the UDHR gets in their way here. After all, it does not prevent you from listening to music. It only prevents you from playing DRMed music. You can still go to concerts, listen to the radio, listen at friends' places, play the music on approved players, make your own music, etc. etc.

      The UDHR does not say that you should be allowed to participate in every cultural activity, free of charge, in any way you please. The copyright holders have every right to say that their product may only be used in such and such way, and if you want to use the product you'll have to live with that. There are some provisions for fair use under copyright law, but it seems that these are disappearing... :-(

      --
      Please correct me if I got my facts wrong.
    8. Re:So they do see the light... by Secret+Agent+X23 · · Score: 1
      If you think it's worth it, use it and don't bitch. If you think it's not worth it, use a different product and don't bitch.

      But if you bitch, you're giving the company a shot at improving its product.

      So maybe they think you're totally unreasonable and blow you off. Fair enough. At least now you're able to say you gave them a chance. Or maybe, just maybe, they figure out a way to give you what you want while still getting what they want. Then it's a win-win.

      Of course, it all depends on how you bitch. If you're all shrill and hysterical and stuff, they're not likely to take you seriously.

    9. Re:So they do see the light... by Alsee · · Score: 1

      You have some value to your point, but I beleive that under US law the RIAA legally has monopoly marketshare and monopoly power. I also believe the RIAA has engaged in many examples of abusing that monopoly power, including abuses to surpress the very independant music you cite. Unfortunately the current administration would rather handout government cash to abusive monopolies than to prosecute offenses.

      Oh, and for what it's worth, the vast majority of my music is "non-mainstream". It's bad enough they are pushing this DRM crap for music, but the standardized music DRM will almost certainly be part of the effort to impose Trusted Computing on all computers. That would be a million times worse.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:So they do see the light... by KjetilK · · Score: 1
      I do not agree (unsurprisingly... :-)) The copyright holders never had any such right. They had a limited right to control reproduction, not to decide what happens to reproduction. They are pretending they got more rights, and by designing DRM system, they can enforce rights they never had.

      In the US, you are probably stuck, but here in Norway this was very clearly spelled out in the verdict that acquitted Jon Johansen: These are rights that copyright holders never had, it is illegitimate to try to rob the public of their rights. Thus, it wasn't illegal to develop DeCSS. We're so fortunate that we have this spelled out in court. Furthermore, we are not a member of the EU, and EUCD is not a part of the agreement we have with the EU, nor have we ratified the WIPO treaty which mandates DMCA and stuff like that.

      So, in fact, what I outlined in my post is actually the current legal status around here.... It was in the US too before DMCA, but apparently you do not care enough...

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    11. Re:So they do see the light... by KjetilK · · Score: 1

      You really do have a choice, and you really don't have to go with the RIAA et al. Unless you really only want their music, and then you'll have to accept their terms.

      I think I can say this also with my tin-foil hat off: There will be no choice. The problem is that as long as there exists a publishing channel that is not restricted by DRM, it can and will be used to distribute content that has been hacked. The fundamental problem with DRM is that it doesn't work: You can't use encryption to share a secret if one of the parties are not interested in keeping the secret.

      For that reason, for DRM to work, any non-DRM distribution channel must be eliminated. This is totalitarianism. That's why they are talking about putting DRM on the routers: If you have a computer they don't trust, you will not be allowed to connect it to the Internet. That's the future we're looking at, and it is going to happen fast.

      There will be no indie bands. There will be no independent news outlets. There will be no hobby film-makers. All this would go against the idea of DRM and it cannot be allowed to exist.

      You may want to wave goodbye to freedom of expression while you still see it on the horizon...

      That's the choice you have.

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    12. Re:So they do see the light... by Anonymous Coward · · Score: 0
      Sure, most well-known music has to be obtained through the record industry ... So, quitcherbitchen.
      Why? The person to whom you responded was correct when he said that there was no competition. The Government artificially interfered with the free market for each of the musical works on which the industry holds copyrights. That's what copyright IS; a restriction on free markets and free speech! Then the recording industry used the monopolies to force inclusion of junk that would not last a week in a free market (i.e., DRM).
    13. Re:So they do see the light... by Anonymous Coward · · Score: 0
      You know, I think you're not really getting my point. Following your analogy, you could eat at McDo and get kicked in the nuts, but if you go to that hippie place you can get a hamburger for less and not get kicked in the nuts. Only it won't be a McDo hamburger.
      Your analogy is missing the part where the Government forbids you from making hamburgers. (Unless, of course, you do so on the terms of the "you MUST kick customers in the nuts" crowd.) Meanwhile, all the guys running hamburger places that kick customers in the nuts claim that you have a "choice" because you have the option to eat and to sell fried worms.
      Unless you really only want their music, and then you'll have to accept their terms.
      The point of the Constitution's copyright provisions is to provide incentive to get more works into public domain -- and to do so on terms that are favorable to the public. Monopoly is an imperfect means to a greater end -- not a public end in and of itself.

      If an industry consistently uses copyrights to try to sabotage the free speech / public domain goals of the Constitution, or to treat citizens as criminals rather than as a free people, then perhaps it is time for the public to make Congress revise the copyright laws to take into account the "bite the hand that feeds you" behavior.

    14. Re:So they do see the light... by tepples · · Score: 1

      It's not like music can only be downloaded from RIAA-controlled sites. There are plenty of sites that offer music from independent artists

      When these independent artists write their songs, how can they tell whether they are actually writing something original or instead subconsciously copying from another copyrighted song?

    15. Re:So they do see the light... by Vitriol+Angst · · Score: 1

      " If you think it's worth it, use it and don't bitch. If you think it's not worth it, use a different product and don't bitch. You make the choice, you get the pros and cons."

      I'm sick of people sticking up for the big guy. Look, the companies look out for their interests and we look out for ours. Simply not buying isn't good enough. We have to express our opinion to others (bitch), in order to influence others to follow our lead. Collective bargaining (bitching) is absolutely the only way to change things in a Capitalist society.

      You only have choice over what you are offered. So if you don't speak up, you won't be given reasonable offerings.

      --
      >>"ad space available -- low rates!!!"
    16. Re:So they do see the light... by Vitriol+Angst · · Score: 1

      Either a RIAA agent, a hopeless sheep, or someone who worships big, powerful men.

      --
      >>"ad space available -- low rates!!!"
  11. Do Tell... by Rie+Beam · · Score: 5, Insightful

    "While Apple has been widely praised for bringing online music into the mainstream market, some labels have complained it has priced tracks too low, making it difficult for them to make a profit from them."

    But they are making a profit. My question is, how much? Just once, I wish I could see a quote like this backed-up by a statistic (one that makes sense, mind you).

  12. IDRTFA but by sjb2016 · · Score: 1
    Couldn't Apple, if it wanted, put something in the encoded AAC (say, something in a proprietary extra ID3 tag) that the iPod needs to see in order to play a file? In this way, Apple could use the industry standard DRM, we'll call it YerFukt, and when the iPod saw a YerFukt wrapped song it would automatically check for this extra ID3 tag, no tag, no play.

    It may sound like I'm splitting hairs, but to me it seems like Apple could get around having to go standard. It's kind of like the fact that most of the stuff in my iBook is industry standard, ie the hd, the RAM, Firwire, etc, but I can't run OS X if the proprietary ROM isn't there

    1. Re:IDRTFA but by Chucker23N · · Score: 2, Informative

      "but I can't run OS X if the proprietary ROM isn't there"

      Incorrect. Mac OS Classic requires the ROM to boot, but Mac OS X does not. If you were to write the proper drivers (go ahead; the core OS is open-source, so it can't be too hard), you could probably run Mac OS X on an AmigaOne or even a GameCube.

      It would, however, violate the license, which says you must not run OS X on non-Apple computers.

    2. Re:IDRTFA but by SynapseLapse · · Score: 1

      There was the article a couple of a days ago about running OsX on the x-box!
      http://www.hackaday.com/entry/473305342855 2506/

      The GC being sans HD would make it tough to get OsX on there.

    3. Re:IDRTFA but by Chucker23N · · Score: 1

      But that's emulation (of a ROM-less PowerPC machine, nevertheless, but still emulation).

    4. Re:IDRTFA but by Anonymous Coward · · Score: 0

      The underlying UNIX layer (darwin) can be ported to whatever hardware you like. No ROM is necessary. It's completely open source. It runs on PPC and x86 today (see opendarwin.org). The OSX license prohibits you from running the higher level libraries (Cocoa, Carbon, Quartz, etc.) on anything other than genuine Apple hardware.

      Notice that this is a legal restriction and not a technical restriction.

    5. Re:IDRTFA but by Anonymous Coward · · Score: 0

      But it doesn't prevent one to write an app to completely ignore the tag. When the tag is ignored, there is nothing that prevents files put in P2P networks to play. The current setup requires that you have QuickTime. You can use/write other apps, but as long as it access QuickTime's API handling the DRM, you are OK.

    6. Re:IDRTFA but by Anonymous Coward · · Score: 0

      Even with OS 9, all models since the original 1998 iMac (New World architecture) have had the "ROM" stored as a regular file on disk instead of in a chip, and have used standard OpenFirmware (unlike proprietary PC BIOSes).

  13. feel[ing] dirty using Apple's DRM by cockroach2 · · Score: 0, Flamebait

    Actually, I think I would feel dirty using ANY kind of DRM, so I can't say that I care too much.

    1. Re:feel[ing] dirty using Apple's DRM by Anonymous Coward · · Score: 0

      Mod parent up. Come on, is this flamebait??? That is just ridiculous!

  14. Creative Commons by Anonymous+Writer · · Score: 3, Interesting

    They should use Creative Commons for part of a standardised DRM scheme. The whole concept of having XML data describe different licensing methods so that they can be understood by software would be the way to go.

    1. Re:Creative Commons by tepples · · Score: 1

      Problem is that there's no Creative Commons license that prohibits noncommercial verbatim copying and distribution. Does CC's XML schema even have a way to express such a license?

    2. Re:Creative Commons by Anonymous+Writer · · Score: 1

      Problem is that there's no Creative Commons license that prohibits noncommercial verbatim copying and distribution. Does CC's XML schema even have a way to express such a license?

      I don't know, if the CC XML schema currently has a way, but I'm sure it could easily be added. I think that because it already exists, it should be integrated with DRM that has more features, because if the labels push for a unified form of DRM, it probably won't even be able to do the things that CC can. They would probably just use something like the current Microsoft or iTunes DRM, that has no flexibility and doesn't use XML.

  15. Take a number, Stand in line. by Kn0xy · · Score: 1, Insightful

    If we can't get the different Browser makers to get the hint, what makes the labels think their going to accomplish such a feat? Sure, Apple and others like MS may jump on the label's wagon, but not everyone is going to play along with this. It's just going to be yet another lame battlefront the labels are going to waste their resources, and our patience on.

  16. Already messed up by zurab · · Score: 4, Informative
    Before anyone messes it up, AAC is an open format, while the Fairplay DRM standard is not.

    I don't know what "open" means in this case, but AAC is patent-encumbered. If you want to distribute an encoder or a decoder you have to license those patents:

    Who needs to license MPEG-4 AAC patents?

    An MPEG-4 AAC patent license is required for manufacturers or developers of complete (or substantially complete) end-user encoder and/or decoder products, or for manufacturers/developers of component encoder and/or decoder products that are provided directly to end-users.

    So, in a way, the submitter already messed it up.
    1. Re:Already messed up by damiam · · Score: 5, Informative

      Open as in "well-documented".

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    2. Re:Already messed up by Anonymous Coward · · Score: 0

      what nobody seems to think of is that the open formatsome people call CD was also covered by patents and no one complained about that. maybe the open source people should start to make an no-patent future dvd-standard???

    3. Re:Already messed up by Anonymous Coward · · Score: 0

      In that case, FairPlay is also open: drms.c and DeDRMS.cs. MD5 and AES.

    4. Re:Already messed up by Jeff+DeMaagd · · Score: 1

      Open as in "well-documented".

      Well-documented doesn't mean open, they could be locked in a safe somewhere. Having the documents available to the public might mean open.

      Do you mean publicly documented?

    5. Re:Already messed up by Anonymous Coward · · Score: 0

      Meanwhile, the algorithm behind Fairplay is not patent-encumbered, and it has been reverese engineered and publicly published. Fairplay is totally open now. The submitter got it totally backwards.

    6. Re:Already messed up by Anonymous Coward · · Score: 0

      Open as in Closed.

    7. Re:Already messed up by Anonymous Coward · · Score: 0

      This is open in the older sense of the word (before Open Source caused the meaning to shift; I think this is why the FSF is so insistent that the word "free" be used; "open" was already taken when they were formed).

      What it means is that the format is available to anyone, without discrimination. It IS patent encumbered, and you may have to pay licensing fees, but they can't deny you a license just because they don't like you or because you compete with the companies that own the patents or whatnot. It was designed as a way to give companies an incentive to pool their patented knowledge and offer technology on liberal terms, while still giving them profit motive. All the patents in MPEG-4 can be licensed at once from a single entity whose charter states that they can't discriminate against licensees. The MPEG licensing groups have also been quite generous to the open source community in that they have not demanded licensing fees for free (as in beer) software (although that could change anytime they want).

      And to another poster who asked whether this means "publicly documented", well, I'm not sure if this counts as "public" but the standard is available for purchase by anyone who wants it. It is considered a copyrighted work, so you can't turn around and put it up for free download.

  17. Apple was there first by klaasb · · Score: 3, Interesting

    The rest should follow the leader.....

    After that Apple should open up their DRM to others.

    They made this mistake before an lost to the pc....don't make the same mistake twice.

    --
    if your pants fit well, it's not only because of the pants ...
    1. Re:Apple was there first by jellomizer · · Score: 4, Insightful

      They made this mistake before an lost to the pc....don't make the same mistake twice.

      So you are saying apple should make the same mistake that IBM made instead. Apple has somewhere from 3%-5% of the market share for Desktop Computers sold. While IBM has about the same market share now. Sure their platform is more popular but they made the mistake and their product became to command and to much competition. Apple has been pretty consistent with the 3%-5% market share for many years. Unlike the most PC guys who Shoot up to 25% they stay there for a few years then shoot down to 1 or 2% Gateway anyone? Apple is able to keep control of their product set and the technology they can go to and they are not bound to staying with one platform. Like the old macs to the PowerPC to the 64bit PowerPC. Any other PC manufacture would kill themselves doing this, but it works for Apple, the reason is because they didn't open up their Computing specs and allow anyone to use their OS (Well they did for a while but apple lost a Lot of money from that).

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:Apple was there first by 0x461FAB0BD7D2 · · Score: 1

      If that were the case, Slashdot would be full of "first posts"....wait, nevermind...

    3. Re:Apple was there first by jrockway · · Score: 1

      Lost what to the PC?

      My Mac connects to the PC internet... I can see PC websites, read PC email, play PC MP3s, chat with PC users, plug in PC USB peripherals, use PC cards, open up a PC xterm, and run apt-get install qemu and run fucking Windows. What exactly did Apple lose? (Oh, I know this! You "lose" if you don't have 100% of the market. Right.)

      (Tangent: And by PC do you mean PowerPC, the processor running this? Try again. It's called Wintel or x86 or something. Not PC. PC means personal computer, not Windoze XP.)

      --
      My other car is first.
    4. Re:Apple was there first by klaasb · · Score: 1

      I actually type this on my trusty (well not that trusty, its mainboard broke down two times) iBook.

      if Apple would have opened up their specs, they wouldn't have made a lot of money from hardware. true.
      But they would be the company everybody would have bought their operating system from.

      So if they open up the way their iPod works, they might sell less iPods, but more people will buy music from their iTunes Music Store!

      And more people will use iTunes and with that comes Quicktimes, so they can push their next generation digital video store more easily.

      --
      if your pants fit well, it's not only because of the pants ...
    5. Re:Apple was there first by Bralkein · · Score: 1

      and... and... Warcraft 3!

    6. Re:Apple was there first by Basehart · · Score: 1

      "My Mac connects to the PC internet... I can see PC websites, read PC email, play PC MP3s"

      You can't buy music from mycokemusic walmart sympatico real msn napster virgin etc. etc. - you get the picture!

    7. Re:Apple was there first by argent · · Score: 1

      You can't buy music from mycokemusic walmart sympatico real msn napster virgin etc. etc.

      That's like saying I can't buy music from Tower Records or Wherehouse 'cos I live in Mud Puddle Texas and it's half an hour drive to a town that even has a Borders. Who cares? If there's anything I can't get from Borders I can buy it online... it's not going to kill me if it takes a few days for UPS to get my CD here.

      On the other hand I don't have a deadbolt or burglar bars and I haven't bothered to lock my door in six months.

  18. Re:Very good by NanoGator · · Score: 2, Insightful

    "We shall all rejoice!"

    YEah!!! Only one technology to crack!

    --
    "Derp de derp."
  19. Quite True:the RIAA wants to kill Apple's leverage by VidEdit · · Score: 5, Insightful

    One thing is clear, because Apple's iTunes Music Store has been successful, Apple has a great deal of clout during negotiations. If the music industry can make on line music a commodity with uniform standards, the music industry would be back in complete control.

    Already, the music industry is getting full of itself with the success of iTMS. $.99 per track is no longer enough money for them. Rather than looking at the success of $.99 tracks, the music industry sees the success as a chance to raise prices, but Apple managed to stave them off. They don't want that to happen again.

    --
  20. i'm all right, Jack by pelorus · · Score: 3, Interesting

    I guess the problem is that the ignorant media are saying that Apple's DRM is "proprietary" (which it is) but implying that other online stores are not (because they use WMA-DRM).

    Of course the labels want a standard - a standard they control. they want to be able to raise the price when they want and sue anyone who breaks it. Sadly it's exactly this sort of promise that Ms will make for them.

    So, AAC is open but patent-encumbered. Not a problem. The file format doesn't really matter anyway, the issue is the DRM. And by it's nature it's going to bug people whatever happens.

    In my case, I'm not worried. I can use Apple's DRM'ed files and I don't need to worry about it. Definitely a case of "I'm all right, Jack"

    M

    1. Re:i'm all right, Jack by Branka96 · · Score: 1

      If you want to setup an online store, you can license WMA-DRM. Likewise, if you are manufacturing MP3 players, you can license WMA-DRM. That makes WMA-DRM more open (less proprietary) than Apple's DRM.

  21. This is why I will continue to steal music... by Anonymous Coward · · Score: 0

    .. you don't pay any taxes, bend over for "the man" or worry about silly patent issues. Plus you get a good nights sleep after having a good laugh at the RIAA or whoever is the butt licker for the Record companies in your area.

  22. As Cory Doctorow said by egon_b · · Score: 0, Flamebait

    DRM systems do not work.

  23. Apple is fucked by melted · · Score: 5, Interesting

    Record labels have nothing to lose here. Revenues they get from Apple are laughable.

    Apple, however, can't:
    1. Make tracks more expensive - nobody's gonna buy them
    2. Share the DRM format - bye bye iTunes revnues
    3. Implement stronger DRM - nobody will buy tracks
    4. Tell the record labels to fuck off - where are they gonna get the music then?

    I think they're royally fucked.

    1. Re:Apple is fucked by Anita+Coney · · Score: 4, Interesting

      Every single thing the guy says is true, exactly how does that make him a troll?!

      I know it's hard to admit to the Apple converted, but Apple has NO power in the music industry. The record companies will drop Apple in a second for any reason.

      First, as Melted pointed out, the music industry really doesn't earn that much money from iTunes.

      And here's a second reason, that's even more important. The music industry does not want ANY service getting too popular. If one service ever got popular enough, major artists could sign directly to Apple and sell their music WITHOUT signing to a major label! The music industry will sure to bring down ANY service that starts to get that much power.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:Apple is fucked by jellomizer · · Score: 1

      Well I disagree with you I still dont think you deserved that troll moderation.

      You must under stand large businesses are often very stupid in terms of finance. Here is a story from the old mainframe company that use to be really big and is now dead. A man from the accounting department goes to the sales man I want you to focus on selling more of the high end units because there is a higher revenue. But said the guy in sales I can sell a lot more of the smaller model and make more profit. But the acounting guy goes but we need more revenue. He didn't understand a concept of 25% * $2,000,000 * 4 per quarter = $2,000,000 in profit while 15% * $400,000 * 40 per quarter = $2,400,000 in profit. And he still thinks the higher revenue is the way to go.

      There costs after the initial investment of recording (which they can more then make up the cost in CD sales) is near 0 as Apple takes the cost of distribution sales, maintenance. And the recording company is still making a lot of money if not more possible with CDs because there will be more people who can buy them. Heck if the Recording industry lowers the price they can probably make more money by selling more copies.

      Sharing the DRM format probably wont hurt iTunes that much honestly. iTunes is a decent store with a clean format. Besides the iPod and iTunes play the other formats as well. There is nothing stopping me from going to an other site and download a non DRM like MP3 and play it on iTunes or an iPod.

      Stronger DRM. I have mixed feeling about DRM and I don't share the normal Slashdot Community general view on it. DRM Will eventually be broken and if people want to brake it they will. It is that easy. But DRM is to keep the people honest so to say. There are a lot of companies/people afraid of posting their materials on the Internet (Artist, Musicians, Authors, etc..) because they don't want their work to be spread around for free. Lets say an artist makes some sketch drawing that needs to be truly appreciated in high resolution. And they want to sell print to people, But they need to show the picture on the internet and at the resolution for people to truly see it for its beauty for people to buy it. The chances are that a lot of people who may actually buy the picture would just download and print it and frame it. So they have it for themselves because they can and it is more affordable. And she may only want 1 copy of the picture she is not trying to get market share or anything else she just wants to show the originality of her work. So in order for her to agree to post it on the internet the picture will need have some strict DRM, because it is her work and she should decide who to give it to. The problem with digital technology is that it can be reproduced exactly every time. So unlike saving CDs on Tapes or making PhotoCopies of pictures the quality remains the same for every other copy and doesn't degrade like analog copying techniques. That is why all the companies want DRM because their products are moving out of their control. I still think the music companies are stupid for selling the CDs so high forcing people to find alternate ways to get their product.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Apple is fucked by Alsee · · Score: 3, Insightful

      The record companies will drop Apple in a second for any reason.

      Actually the RIAA was fairly desperate to get Apple to sign on, that's how Apple was able to get the RIAA to budge a tiny bit and allw them slightly less oppressive DRM terms.

      Why was the RIAA desperate to get (and keep!) Apple? Because the RIAA has been walking a careful line to avoid getting seriously smaked down for anti-trust abuses and collusion. Not only were they colluding to impose essentially identical and oppressive terms, but they would have effectively imposed a Windows-only restraint of trade. They were DESPERATE to maintain the illusion of competition.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Apple is fucked by Anita+Coney · · Score: 1

      You're right, the RIAA WAS desparte to get Apple. But if Apple ever started to sign artists directly, cutting them out of the process, Apple will get cut.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    5. Re:Apple is fucked by babybird · · Score: 1

      The music industry will sure to bring down ANY service that starts to get that much power.

      Like Clearchannel? I think if Apple were ever in such a position, the music industry would just make a sweetheart deal with them to keep everyone happy, the way they currently do.

      As it is now it's all but impossible for a musician or band to become widely known and popular without going through Clearchannel radio stations. That makes them a pretty major player I'd say, and I think Apple would find themselves in a similar position to Clearchannel if they were to become such a powerful player.

      --
      Keith D.
    6. Re:Apple is fucked by Lars+T. · · Score: 2, Insightful

      The revenues they get from Apple are laughable - all the way to the bank. And how exactly are the record labels going to benefit from Apple (and all others online stores, because all your reasons aply to them as well) stop selling music online? And you think Apple is fucked?

      --

      Lars T.

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

    7. Re:Apple is fucked by Proudrooster · · Score: 2, Interesting

      I disagree... Apple has done something unique. They have gotten people in the habit of "paying" for music with the iTunes and iPod.

      Just this week Balmer of Microsoft was trying to scare the record industry with FUD surround iPods and how iPods were jam packed with STOLEN MP3's, never mind the iTune sales. So, according to Balmer logic, if the RIAA/Music companies dumped Apple the iPod would be full of 100% stolen MP3's since there would be no place to get legal music anymore.

      Note: The act of ripping a CD you own, converting a CD to MP3 tracks and loading it on your iPOD is NOT LEGAL according the RIAA and Microsoft. Many websites say it's legal, but this has never been tested in court. (This idea originated from fair-use and making backup copies.)

      To cut Apple off would be a mistake, since Apple is the only ones making significant progress with online music sales. They have end-to-end control (Web to iTunes to iPod) and they have the best portable MP3 player. Apple has nothing to lose. In your worst case, the record companies walked away from Apple...... I am sure a flood of new artists both independent and Indie labels would quickly fill the void. Sometimes the best thing that can happen to a person or company is to get fired.

      Either way, I could care less. The RIAA and record companies need to find a new business model or die. Most of the content they are pushing is total crap anyway and I presonally prefer non-mainstream music. If you want a list of some of my favorites, let me know :)

    8. Re:Apple is fucked by Chiisu · · Score: 1

      If one service ever got popular enough, major artists could sign directly to Apple and sell their music WITHOUT signing to a major label! The music industry will sure to bring down ANY service that starts to get that much power.

      Unless one of the record companies owns Apple and I wasn't aware of it, they will not be able to shut down iTMS.

      If record companies threaten to leave, well then fuck them. Musicians are tired of being screwed out of money they deserve. If Apple is able to deliver their work to listeners around the world with a better system, why don't they sign the artists themselves? I think it's a great opporunity for Apple.

    9. Re:Apple is fucked by Vitriol+Angst · · Score: 1

      Hey Alsee, you win for most lucid arguements in this forum.

      After me, of course. ;-)

      --
      >>"ad space available -- low rates!!!"
  24. Re:Providers.. by NanoGator · · Score: 1

    "Guess what my ass is a provider of?"

    I'm impressed you can type so legibly with your own butt.

    --
    "Derp de derp."
  25. Re:Very good by lachlan76 · · Score: 4, Insightful

    But this way we only need to break one DRM scheme.

  26. Re:Very good by Anonymous Coward · · Score: 1, Funny

    Shhhh!!

  27. Re:Providers.. by t_allardyce · · Score: 1

    Get used to it.

    --
    This comment does not represent the views or opinions of the user.
  28. 4 Lights by midifarm · · Score: 1
    Thanks you. I needed a good chuckle.

    Peace

  29. Re:free ipods by racas · · Score: 1

    If the article had been related to the "Free iPod" idea, the parent would probably've been modded +1 Insightful rather than -1 Offtopic. But then again, not posting as AC might've had the same effect.

    Just goes to show. Real Estate may be "location, location, location," but with slashdot it's "timing, timing, timing"!

  30. Hackers delight by AmiMoJo · · Score: 0, Redundant

    This is the best thing that could happen really. If everyone uses the same standard, it only has to be cracked once.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    1. Re:Hackers delight by MarcoPon · · Score: 1
      Absolutely!
      Like the old WORM optical drivers,
      K.O.P.M. Krack it Once, Play Many! :)

      Bye!

      --

      SeqBox
    2. Re:Hackers delight by Anonymous Coward · · Score: 0

      Yep, and on the other hand, if no standard is agreed there will be so many rival formats that it will end up broken, buggy and incompatible.

      This is the best thing which could have happened :-)

  31. Sschhhh! by Anonymous Coward · · Score: 0

    It's Apple! Apple can do no wrong!

  32. Don't really need them by bfandreas · · Score: 2, Informative
    There are still other options.

    I for one am a Magnatune customer and find that this is all music I need. Creative Commons doesn't mean it does suck. The fine folks over at Blender chose one Magnatune artist for their SIGGRAPH demo reel. The rest ain't shabby either.

    Try Cargo Cult, Curl, Brad Sucks or their shoutcasts for starters.

    If you chose to buy, you set the price. Money is evenly divided between artist and label. Download options include wav, flac, vorbis and mp3.

    Sure, I still buy the odd CD. But I only do this after a concert right out of the hands of the performers. Prefer my media handsigned and not watermarked, thank you.

    I haven't listened to the radio in years.

    --
    20 minutes into the future
  33. None of you appear to understand the issues. by GuyFawkes · · Score: 5, Insightful

    .at least that is the impression I get from reading your replies.

    For example, I bought Deep Purple on vynil, several times cos they got fucked at parties, then I bought it several times on cassette, cos the tapes got chewed, then I bought it on an indestructible cd, and it died, then mp3 came along.

    The music industry have NEVER EVER EVER been about selling music.

    What they have ALWAYS sold and we have ALWAYS bought was the MEDIUM, eg vinyl, cassette, cd red book, whatever.

    In the new digital age there is essentially no medium, only the data itself.

    DRM in ALL ITS FORMS is quite simply nothing other than a DESPERATE (for failure = bankruptcy) attempt by these companies to impose pseudo medium characteristics onto medium free digital data.

    I don't know why nobody gets this.

    It's not just the RIAA, it is all big media business, hollywood as well as music biz as well as publishers as well as anyone who'se stuff can be distributed as digital data.

    Talk of this version of drm vs that version of encoding versus this methods of copyright protection is all bullshit, because it is missing the point.

    NOTHING LESS than imposing pseudo physical properties (the scratched vinyl, the chewed cassette, the skipped cd) onto digital media will satisfy these bastards.

    Because anything less means their revenue stream crashes, permanently.

    Wake up, this is essentially an American Big Media Corporation tea party vs the rest of the world and its consumers, you cannot afford to give these bastards even a nanometer.

    America will end up as a digital cultural backwater, with everything inside its borders DRM'ed up the wazoo, and everyone outside the borders sticking 2 fingers up.

    And this shit less than 24 hours after a post about the BBC (or rather hackers at the beeb before their bosses get tech savvy and twig) pushing for a open source codec in the community which by definition is not going to meet the needs of those who seek to make a fat living selling copy after copy after copy of the same thing to you, claiming to be selling you the media, but in fact merely peddling the medium itself.

    wake up FFS

    --
    http://slashdot.org/~GuyFawkes/journal
    1. Re:None of you appear to understand the issues. by Anonymous Coward · · Score: 0

      So after you lost your Deep Purple tape for the (n-1)th time, why didn't you think to buy it, then dub a tape of it, and carry that around instead of the original?

    2. Re:None of you appear to understand the issues. by Akimotos · · Score: 1

      You know, this G(g)uy is sooo right. If the product of record companies really was music, they would re-release all their old music in some kind of digital format so that it would be available for purchasable download. But they haven't ... instead they fight over DRM to lock copies of digital music down to one device. Indeed a war about medium.

      I too bought an awful lot of music on Vinyl. A lot of this music I've already replaced by versions on tapes and CD rom. However, a lot of my old music is simply not obtainable anymore and therefore I have to play my vinyl records till the end. And since dead means the end of a song in my collection, I need to have replacements. And I'm willing to pay for those. But as there is no shop where you can buy that music, not even online, right now the only tools available are Limewire and Soulseek and hope that someone converted the Vinyl edition to mp3 or something.

      Record companies should focus on music instead of media.

    3. Re:None of you appear to understand the issues. by FrkyD · · Score: 1

      I actually wish you were completely right. Unfortunately, I fear you may be too optimistic. The States (well the massive corporations financing your favorite politician) have been doing everything in their power to prevent just such a scenario. Why do you think Europe and everyone else have been suddenly changing their copyright laws? What do you think is the motivation for the European DMCA and the adoption of software patents? It's because the corporations are international, and they know that these things can only work if implemented on a global scale. So how do they do it? Is it the evil UN that forces everyone else to toe the line? It is the US's big stick of trade agreements. It works like this, the US passes a corporate friendly law, then renegotiates their international trade agreements which basically force trade partners into rewriting their legislation to fall in line with the US legislation. If the companies can hem and haw long enough, there won't be any countries left that could flip the bird to US corporate interests. It doesn't matter who you vote for, or where you live in the western world, they are getting their ducks all in a row. You do know what follows right?

    4. Re:None of you appear to understand the issues. by GuyFawkes · · Score: 2, Insightful

      People who talk about "Europe" or the "EU" like it was some sort of close of the USA probably don't live here and certainly don't travel.

      There is more variety just crossing the channel to france than there is crossing the entire united states from east to west or north to south, just because you can buy a big mac and a coke in japan doesn't mean they are americanised.

      Microsoft and Apple are allegedly two utterly different companies making utterly different products, yet both were founded and are still steered by people from the same small socio-economic-geographical area, they both work the same, they both think the same, the both act the same, and the only people who cannot see this are those that come from the same area.

      Ask a chinese about the differences between the two, you will get some surprising answers.

      But, back to the plot, the EU is far far far from homogenised like the USA, and it is unlikely it ever will be, 2000 years of individual history says so, fuck even Iraq itself, royal shell petroleum, redrawing of borders best part of a century ago and nothing has changed at the people level, and you think the EU rolling over is going to change things in a couple of years???

      One thing you all miss about the EU.

      NOTHING, but NOTHING, about the modern EU is new, open borders, common currencies, free trade, it has all been done before, just check your history, and that all makes it very easy for a present EU member country to say fuck it, and simply quit the EU....

      The UK, which is the USA closest asslicker, is STILL debating this very point in some circles and political parties, so if the country closest to the USA model is feeling unwelcome in the EU I shouldn't be too impressed by a few laws being passed in brussels, especially when there is a strong sense in EU member countries that laws passed in brussels are "optional"...

      Stamping out piracy to any meaningful degree here, as opposed to glomming the occasional sensationalist headline about arresting half a dozen "bedroom burner" schoolkids, is pretty much a non starter, sure you can spend millions on it, but you'll never make a dent worth noticing.

      Alternative nameservers, nntp traffic, the thousands of miles of still dark backbone fibre, no there are way too many OTHER financial interests at stake here, and too many of them are opposing the motives of DRM, and these big companies are too sprawling themselves, they can't trample on too many toes or they start trampling on their own toes, eg going after backbone providers to stop p2p traffic will result in their own comms bills skyrocketing.

      No, the big issue here is too many of these mage companies are american based, which means the board of directors are american, which means the whole company has an american viewpoint, which is fine, but things that are possible inside the borders of the USA simply will not fly in other parts of the world, and more to the point, cannot be made to fly.

      If DRM is going to be meaningful or effective in any way, then it has to be global, no choice about it.

      So tell me, how are you going to DRM China?

      If your plans dont include former soviet states, china, japan, the koreas, the indian subcontinent, africa as well as ALL of europe (not just the EU bits) as well as north and south america then it won't fly.

      There's all that dark fibre just waiting for demand to rise, and it will when we all have a choice between DRMed up the ass shit from the USA or ripped and open versions of everything from everywhere else.

      Fuck it man, we can only be a few years away from somewhere like north korea being a global power, all they need are a few tea chest nukes to deter the dubyas of this world, and plenty of fat lit fibre running into some big server farms and a total disregard for every other countries copyright laws....

      --
      http://slashdot.org/~GuyFawkes/journal
    5. Re:None of you appear to understand the issues. by Anonymous Coward · · Score: 0

      I don't know why nobody gets this.

      Face it, you're a super-genius. Us feeble-minded folk just can't keep up.

    6. Re:None of you appear to understand the issues. by FrkyD · · Score: 1
      You're right of course, except for the fact that I DO live in Europe. That, and the fact that the rest of your post had nothing to do with what I said. First of all the european version of the DMCA that I was referring to is actually called the European Union Copyright Directive and an article from the Register from April 30th 2002 actually refers to it as being more severe than the US one. I quote:

      The directive, which was approved last year, extends European copyright legislation so that it is even more restrictive than America's controversial Digital Millennium Copyright Act (DMCA), critics argue. National governments have until December 22 to incorporate the directive in national legislation. If it goes through unmodified, the EUCD would make it a criminal offense to break or attempt to break the copy protection or Digital Rights Management systems on digital content such as music, software or eBooks. As it stands, the EUCD may lead to a rerun of Dmitri Sklyarov's prosecution, prevent teachers copying materials for their students or other legitimate uses of copyright material, opponents believe.

      Now I know the British would like to consider themselves somehow above and beyond the rest of the EU but the fact is that your local version of the EUCD can only be more restrictive. As a matter of fact ANOTHER article (once again by the Register) points out that the british implementation may be worse.

      Other than having pointed out that you suspect I may never have set foot outside of the States, you also were kind enough to have explained to me that the EU and open borders is nothing new. How right you are. I never mentioned any thing to the contrary. I DID suggest that the reason for the EUCD may have been a trade agreement. Oddly enough that seems to be something that Eurorights.org would agree with. They say:

      The source of the law protection of 'technical protection measures', are the two WIPO treaties from December 1996. Note that the WIPO treaties require law protection for technical measures only when they deny copyright infringement The EU copyright directive is thus overbroad.

      WIPO Copyright Treaty, Article 11 WIPO Performances and Phonograms Treaty, Article 18

      As far as the rest of your reply, the US is already aware of the threat renegade IP nations may pose, and already have a watchlist with 14 other economies (including the EU). An Asia Pacific Media Network story about it says:

      Although Taiwan amended its copyright law in June 2003, several provisions remain deficient," the trade representative's report said, without giving examples. The report noted that a promise by the government in February to seek improvements in the copyright law has not yet been fulfilled. Taiwan has been on and off the piracy list since the early 1990s. In 2001, after a three year gap, the country was placed back on the list, where it has been ever since. The dispute between Washington and Taipei over piracy is the biggest irritant in bilateral economic relations, and has quashed hopes that Washington would sign a free trade agreement with Taiwan. The two countries also have disputes over telecommunications, pharmaceuticals and rice imports, but heavy pressure on the US government from the entertainment industry, which claims it loses several billions of dollars a year due to piracy in Taiwan, has kept the issue in the forefront. The Ministry of Economic Affairs yesterday expressed regret and discontent over the US government's decision. "The US government ignored our efforts in passing the new Copyright Law, a

  34. This blows by mrshowtime · · Score: 1

    Unified Rights Management, or everything similar to it, has ALWAYS been shitty. Look at the past. The Ill fated DIVX debacle is a prime example. The DIVX dvds always looked shittier than their regular dvd counterparts and always lacked special features due to the overhead of the extra DRM built in. Just look at the copy protection on some dvds, it actually degrades the quality of the music in a lot of cases. I don't really care about DRM, as long as they come up with some way of not A) screwing the consumer and B) doing something about the DRM affecting the quality.

    --
    "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
  35. The US can become a backwater, the world won't end by argent · · Score: 1

    America will end up as a digital cultural backwater, with everything inside its borders DRM'ed up the wazoo, and everyone outside the borders sticking 2 fingers up.

    That would probably be the best result, actually, because after a few years of that the laws enforcing DRM will go the way of the ITAR restrictions on encryption, and in the meantime we'll get a massive infusion of new international music and films through the grey market.

    More likely, though, Europe will roll over. They're trying to roll over on software patents and those are an even dumber idea with less money behind them. Then the rest of the world will follow.

  36. Re:Very good by puddpunk · · Score: 1

    Thats exactly what I was thinking. One standard means less targets to... well... target. It also means, providing that the standard is open an un-patent encumbered (I know, big dreams...) more OS's can be more compatible with less work.

    Just what I wanted to hear. Although, what I really wanted to hear is that DRM would dissapear of the face of the earth, but this is the next best thing.

    Regards,
    Chris.

  37. If Apple doesn't play ball, is it collusion? by Koguma · · Score: 0
    Say all these media giants come toogether, and Apple snubs them, and Itunes can no longer sell without the decided upon DRM.

    Could that be construed as collusion to destroy a competitor? I mean seems like the FTC could get involved in this if it were.. as it seems to me...
  38. The music industry is fucked by argent · · Score: 4, Insightful

    If one service ever got popular enough, major artists could sign directly to Apple and sell their music WITHOUT signing to a major label!

    And they think they're going to stop that from happening by cutting the heads off the tall poppies?

    Once online distribution gets big enough, all you'll need is *one* non-major label contracting with a significant fraction of the online distributors and that label will *be* a major.

    The only way the music industry could pull themselves out of this is to start their own services and refuse to contract with any independents like Apple. And if they do that, it doesn't matter whether Apple uses "industry standard DRM" or not: they have to fuck Apple, AOL, Real, the whole shooting match or lose.

    1. Re:The music industry is fucked by Anita+Coney · · Score: 1

      What you seem to be missing is that the music industry owns nearly all the popular music in the world. Thus, when and if Apple gets too big, the labels could simply refuse to provide their vast catalog of music. Or provide it at an extraordinary price.

      All online music stores depend on new hits AND on the huge back catalog of songs.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:The music industry is fucked by argent · · Score: 2, Insightful

      when and if Apple gets too big, the labels could simply refuse to provide their vast catalog of music

      Yes, yes, that's exactly the leverage they would apply to knock down the tall poppies.

      What I'm talking about is, when online music gets too big, whether it's iTunes and the seven dwarves or a dozen companies with no more than 20% of the market each, they won't be able to pull their catalog from the online music market as a whole. It'd be too much of their business.

      At that point any small label... whether a traditional label, an artist co-op, or something invented for the purpose... will have access to the same market on comparable terms to the big labels. Any of them would give an artist just as much access online as the biggest label.

      So let's say online music is half the market. Mike Bigname signs with Joes Music and Bait Shop for their new release. Instead of Monopoly Records getting 75% of the sales and passing 10% on to Mike, he's giving Joe 10% and keeping 65%. Joe gets more money from that one release than from his last ten years combined bait-music-and-boat-rental business, so he's happy. Mike's getting more than three times the royalties he got from his last album, so he's happy. The online music people are happy, because they know they'll have more leverage when they renew their contract with Monopoly Records.

      Monopoly Records isn't happy, of course. But what can they do? Well, they can try and control things now, before it gets that far. But about the only option I see is for them to fragment the online music industry by label, so each provider is basically a sock puppet for "their" label. If they can't do that they can only keep the online music business dependent on their catalog by keeping the online music business as a whole from getting too big.

    3. Re:The music industry is fucked by Anita+Coney · · Score: 1

      Let's assume that right now, the top 100 artists signed exclusively to iTunes.

      If that happened, the music industry would pull their entire catalogs of music from iTunes. All of the artists' current and prior hits would still be owned by the music industry, iTunes wouldn't get them. iTunes would have to wait for those one hundred artists to come up with new material to release AND pray that there was a demand for them.

      The artists would have to pray that radio would still play them even though they do not have a record contract. Currently, the music industry pays a LOT of money to get songs played, will Apple or the artists start paying that?! I doubt it as they are outsiders to the payola system.

      Thus, even if the best scenario happened for iTunes, and those hundred artists signed exclusively to it, it would not have any music other than independents and new songs, which are almost certainly not being played on the radio, by artists who used to be famous.

      Could iTunes survive in doing that? Sure. But would those artists wise up and go back to the labels? You bet they would.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    4. Re:The music industry is fucked by argent · · Score: 1

      Let's assume that right now, the top 100 artists signed exclusively to iTunes.

      I think you may be misunderstanding what I posted. I wrote: "when online music gets too big they won't be able to pull their catalog from the online music market as a whole". Obviously they have a lot of leverage right now because online music sales are a tiny percent of the total, so they could pull out of the whole business without it having any significant impact on their bottom line. But that's not going to remain the case, so they're planning for that day.

      So they want to cut down any tall poppies, like iTunes. The problem is, that's not enough. They need more control than that.

      To survive, long term, they need to keep the catalog side of the online music business fragmented. Otherwise, once the online music business is big enough a small label that has contracts with enough online music providers could cut a significantly better deal with a big name and still make an outrageous profit, and still provide enough sales that the artist is better off with just their online revenues.

  39. Lying with a straight face by HangingChad · · Score: 5, Insightful
    some labels have complained it has priced tracks too low, making it difficult for them to make a profit from them

    Wow, where are my hip waders? A friend of mine is VP of artist development at a record label. He seemed to feel that if they could sell CD's for five dollars each without producing the CD media, in his words, "We'd be rolling in money."

    Using 12 tracks as an average for most CD's at a dollar a track makes it already hugely profitable for record companies and the first thing they want to do is try to squeeze you for even more. Okay, figure most people don't download whole CD's, they buy single tracks. They're still making a ton of money.

    Amazing that it never seems to be enough for them. Then to come out and lie about their profit margin so brazenly just astounds me.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  40. As if apple ever had any leverage by eokyere · · Score: 3, Insightful

    Apple wields no such clout as to what you purport here... true they might have about 50% marketshare or so, but as this [http://www.cdfreaks.com/news/8407] article (Your 99c per iTunes download belong to the RIAA) explains, Jobs admitted that Apple makes no revenue from the online download service they provide... so that the only real benefit Apple directly makes out of the service is it market's their ipods... the second point is the fact that apple commands no real clout when it comes to negotiations with the recording industry... as this article [http://www.cdfreaks.com/news/8514] clearly explains, "it would appear that they could negotiate better royalty rates with labels, but as the Music industry is composed of thousands of publishers and five major record labels, it still makes it difficult to get them all to agree"... and nobody wants DRM anyway... as says ballmer: "the most common format of music on the ipod is 'stolen'." [http://www.theregister.co.uk/2004/10/07/ballmer_d oesnt_get_it/ ]... of course, that's M$ and fud... what ballmer really wants to say is "people still download their music from elsewhere"... so that itunes is really just a facade to sell ipods

    1. Re:As if apple ever had any leverage by falcon5768 · · Score: 4, Informative
      Actually your wrong Apple has a lot of clout. As it is the record labels tried and failed to renegotiate the .99 a track deal and Apple flat out said no. Your also wrong in think its a 50% marketshare (its actualy around 70% accourding to soundscan.)

      Also lets get a few other things straight.. Balmer was wrong in saying the most common format was stolen music, actually the most common formate is PREVIOUSLY bought music (ie CD's) his methodology in saying that was that .mp3 = stolen. Balmer was in no way trying to say people download from elseware, he was just trying to scare the labels into using Windows user rights free DRM.

      Also your right iTunes is ecensially a iPod selling tool... but last I checked Apple owned 70% of the market for music devices as well... so its working. Likewise, Apple DOES make 3 cents a track.. .03 * 1 mill isnt chump change. Also Apple is selling the distrubution method. Remeber the lables HAVE tried this before... they failed misserably.

      Also might help if you used tags to format your post ;)

      --

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

    2. Re:As if apple ever had any leverage by Anonymous Coward · · Score: 0

      YOU ARE = YOU'RE
      POSSESSIVE = YOUR

      It isn't that hard. Really. Just try thinking about what you're saying before someone corrects your grammar.

  41. Re: O'Reilly & DRM (was: Ultimately, no DRM... by turnstyle · · Score: 4, Interesting
    "Tim O'Reilly wrote and excellent piece on the subject in 2002..."

    And what's so funny about it is that O'Reilly *still* does not sell unbundled, non-DRM'ed, digital downloads.

    --
    Here's what I do: Bitty Browser & Andromeda
  42. I'll go to Allof MP3.com if it happens... by Anonymous Coward · · Score: 0

    The labels better get off their high horse and greed.

    Apple saved their ass because they showed a lot of people are willing to "play the fair game" and pay for their music for the artists sake.

    Call all iPod users "thieves" like Steve Ballmer did and give us the only option of a strict DRM?

    I'll go to All of MP3.com or similar services, even P2P networks.

    Right now I'm 100% paid for every song, but I'll get very clever in hiding my new stolen music.

    The RIAA is back to square one and the artists gets screwed again. How quickly they forget the past.

    1. Re:I'll go to Allof MP3.com if it happens... by Anonymous Coward · · Score: 1, Informative

      "The RIAA is back to square one and the artists gets screwed again. How quickly they forget the past."

      I wasn't aware that they ever left square one.

  43. It's about control, of course. by argent · · Score: 4, Insightful

    popularise legal downloads among consumers

    Most of my downloads have no DRM at all, but they're perfectly legal. They're in MP3 format direct from the artists.

    some labels have complained [Apple] has priced tracks too low, making it difficult for them to make a profit

    Most of the 99c I pay to iTunes goes to the label, and their marginal cost for that purchase is zero. As near as I can tell, the only people making a profit from iTMS are the labels. And it's not at all certain that they'd make more profit at a higher price: they may make more money at a lower price, and they must know it... they're smart enough to have learned basic economics.

    So, yes, it's all about control... but it's not necessarily about making more money directly from music sales. They want to make sure they are the ones pulling the strings so that online music distribution doesn't give artists a way to bypass the labels, and keep most of the 99c you pay iTMS for themselves.

    1. Re:It's about control, of course. by Basehart · · Score: 1

      "......As near as I can tell, the only people making a profit from iTMS are the labels......"

      I was in a band whose catalog was recently added to the iTunes store and I was wondering if people are actually downloading any of the music? If so, how much money is being made? And who is getting it? Will I get any?

      I remember everyone stood around laughing and joking one day back in the 80's after we signed a record deal with Beggars Banquet, and also everyone stood around laughing and joking a few months later when we signed a publishing deal with Warner, but that's about all I rememeber about the business side of things.

      Maybe I should have called my lawyer to ask if I would get paid anything when that online music store opened twenty years in the future and the label was able to sell music online for free.

    2. Re:It's about control, of course. by Anonymous Coward · · Score: 0

      I see you like electronic music. Check out Mindless Self Indulgence. No, I'm not related to them in any way, I'm just a big fan of their music.

    3. Re:It's about control, of course. by Vitriol+Angst · · Score: 1

      Universal DRM is a way to keep Apple from gaining control. The labels and Apple know it. Next comes the propaganda war to see if the the labels can get the consumers to buy into it.

      All the consumers are going to do is shrug. They have an iPod, everything works fine. Why do they need ANOTHER DRM?

      This won't go anywhere unless they can lobby for it.

      --
      >>"ad space available -- low rates!!!"
  44. Unified Standard no work for SecurityThruObscurity by CropCircleSystems · · Score: 3, Insightful

    All DRM as applied to the current market of devices are just security through obscurity. The "labels" can't have their cake and eat it too. You make a standard and whoops, you no longer control what happens to the content. DRM is a pipe dream. It's fundamentally flawed to think you can ultimately protect something from being copied while it can still be played. They should keep quiet and be happy that the more seperate obscure formats can delay the eventual open-source-then-soon-made-dmca-contraband release of each. The only way to have a "standard" drm is to delegate some government bureau as the authority to sell a propietary playback component to a select few very large tech corporations, which make the then only legal playback devices. And I only said it would be standard, not effective. We saw for how long that idea worked for dvds' css decoding keys. The only possible effective DRM method would require such a central bereau to issue UUIDs of some sort to the large enough online media retailer companies, with which the downloads of such a SocSecNum tracked sale will be permuted at the highest threshold of the digtal media format's quality level (wasting some bits that the codec could be using in order to sell you an inferior quality recording) so they could ultimately catch someone by finding an illegal copy and being able to reference when exactly who sold that track to whom. Of course this isn't necessarily effective DRM its just makes infraction prosecutable. Of course, to copy, people would have to lower the quality to below the threshold that the fingerprint can be identified or mix enough legit copies to obscure the fingerprints. And of course since anyone in the legal supply chain is a potential for corruption or leaks, each link in such chain would have to be fingerprinted in order to be effective, so as to compound the compromising of the quality.

  45. when is the next step? by blackest_k · · Score: 1

    At this moment in time apple seem to be focusing on getting labels to contribute.

    presumably any label which isn't on Itunes will be because they demanded unfair terms from apple.

    which implies they are a bunch of greedy shit heads who put the money ahead of the music and not being on itunes will negatively effect thier music sales.

    the next step has to be apple offering a standard contract to anyone who wants to sell thier music directly through Itunes.

    I would be tempted to sell these at 90 or 98 cents as a symbolic difference that the artist gets paid not the leeches.

    now the labels are hooked it is time for the artists to avoid the labels
    and put control of the music back to the artists and cut out the middleman

    1. Re:when is the next step? by zpok · · Score: 1

      "presumably any label which isn't on Itunes will be because they demanded unfair terms from apple."

      Not at all. The "BIG" labels are all on board from the start. The smaller but significant ones, or the specialty labels are being hauled in as we speak, and the really really small ones have already applied and are awaiting eagerly Apple's reply. Those who stand aside can afford to do so and aren't really missed. Most Beatles or Madonna fans have already bought or downloaded every last note and fart.

      Anyway, it would be a good thing for artists to be able to go directly through iTunes, and I think it's already possible (check out iTMS online application form). I take it for granted though that you already must be pretty well known before you get picked up. Eventually, I think you will get through, but it's a matter of scale. Apple needs to start with the big'uns and then go to the smaller ones. Only makes sense. So if you're just a bit impatiant as musician, you pick a label that already is an iTMS member... Which actually nicely mirrors the "real" world, whether that's a good thing or not.

      While some groups are able to produce an excellent album on their own - and this becomes easier and cheaper all the time - most don't even know where to start. It isn't simple and requires skills not everybody has. The same goes for touring, getting the gigs, getting there, good soundmanagement, getting paid, etc etc. Some groups manage themselves and aquire and pay an entourage of good professionals on the way up, some groups can't even find a roady.

      Labels can organize and pay that shit - and if you're not careful screw you sideways in the deal, but that's another matter. Some groups know lawyers are a necessary evil, some groups get screwed...

      Bottomline, most musicians will still need - or want - a label to represent them, to get better shelf space in the real or digital world, etc etc.

      Whether we need the umbrella (RIAA) and associated organizations is another thing altogether. I don't know enough about them - except that they "sometimes" seem to be stupid bastards.

      Bottomline: iTMS is a nice shop, which delivers reasonable quality for an almost reasonable price and an almost painless DRM, and is at the moment the best and biggest bastard out there, but it won't revolutionize the market the way you'd like...

      --
      I think, therefore I am...I think.
    2. Re:when is the next step? by Anonymous Coward · · Score: 0
      the next step has to be apple offering a standard contract to anyone who wants to sell thier music directly through Itunes.

      This result, which seems reasonable, depends on a successful resolution of the Apple Corps vs Apple Computer battle. Apple Compter can sell Ipods, and have Itunes, and maybe (but not for sure) even have ITMS, but setting themselves up as a record label would breach the contract.

  46. Opinion: Summary of Article by ljavelin · · Score: 4, Interesting
    Here's a summary of the article:
    • Apple is doing very well with iTunes
    • Apple sets a USD 0.99 maximum price
    • Industry wants to sell at a higher price
    • Providing alternative DRM on the iPod will let the record industry create an independent music store for the iPod
      • An industry-controlled store could exclusively offer different music selections to iPod users, like "the next Britney Spears"
      • An industry-controlled store could sell their product at any price... most notably, a price significantly higher than Apple's cap of USD 0.99



    The industry HATES Apple's $0.99 price point. If they could charge more, they would.

    Of course, the industry could license Apple's DRM! And the license fees would likely be very very inexpensive. But Apple isn't likely to license their DRM without a stipulation that songs must be less than $1.00.

    Yay Apple! I'm no Apple fan, but this is the GOOD THING FOR ALL... even if you're NOT an iPod owner!
    1. Re:Opinion: Summary of Article by NutscrapeSucks · · Score: 1

      (Even though you say it's a joke, the moderators took you seriously.)

      > but this is the GOOD THING FOR ALL

      Single Vendor media Lock-in is not a good thing at all, it's a TERRIBLE thing, for both the record companies and the consumers. It's only a good thing if you are an Apple stockholder.

      "Only Apple Propretary Crap can save us from higher prices" is bullshit. Common sense says just the opposite, that Apple's iPod installed base would allow them to charge more than other vendors with crappier players.

      The also-ran online stores generally want to LOWER prices, not raise them. They want the record companies to take a smaller cut, not a larger one. Except that the price is basically fixed by the recording industry. If they wanted to sell songs at $2/copy, they could and Apple and everyone else would have little choice but to go along.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    2. Re:Opinion: Summary of Article by Anonymous Coward · · Score: 0

      Single Vendor media Lock-in is not a good thing at all, it's a TERRIBLE thing

      You're right, single vendor lock-in is a BAD thing.

      The licensing of the single sanctified vendor product, in combination with music exclusivity deals, will result in a rapid inflation of downloadable music prices and no benefit to the artists or consumer. It will, in fact, eliminate any competition in the downloadable music industry.

      The RIAA leadership is misinformed - this is a TERRIBLE thing.

      The RIAA is suggesting the creation of a single RIAA-controlled license for downloadable music - either you accept the one set of terms, or you don't use downloadable music.

      If you want to build a player that is compatible with emerging RIAA DRM standards, you'll need to license the RIAA's DRM technology. The license WILL stipulate that your device will NOT use other encoding standards like MP3 or OGG, in order to minimize piracy. The device you build MUST force listeners to hear product advertisements. The device you build must NOT support standard line-out or optical-out. The device you build MUST respect all forms of watermark detection. The device you build MUST NOT have a quality above a particular bitrate. The device may ONLY play audio encoded by authorized, licensed providers. The device you build must NOT let consumers modify the software of the device. The device you build MUST have a unique, unchangable, registered serial number for tracking and media licensing purposes.

      The RIAA is shooting to eliminate even more competition from the industry. If there is one thing the RIAA hates, it's not being able to fix prices.

      Happily, with the current licensing model, flawed as it is, has competitive licenses and providers.

      The technology behind the scenes is not important here, just the licensing deals. Think twice about permitting the RIAA to control the world's recording technology.

    3. Re:Opinion: Summary of Article by Scudsucker · · Score: 1

      Single Vendor media Lock-in is not a good thing at all, it's a TERRIBLE thing, for both the record companies and the consumers.

      Which would be true if the iTMS were the only online store, but its not. And somehow I doubt Microsoft would tell the industry off if the labels wanted to set tracks to whatever price they wanted.

  47. DRM is already as compatible as it will ever be. by argent · · Score: 1

    This might even lead to DRMed content to be usable on open platforms!

    DRMed content is already as compatible with open platforms (I assume you mean something like "open systems" or "open source operating systems") as it will ever be.

    The essence of open systems is open interfaces and protocols. If the interfaces and protocols are standardised or publically documented, you can implement your own version of an application that interfaces with them, open source, closed source, or something in between, that doesn't matter.

    What does this mean for DRM?

    Right off, this means you can't have an open-source DRM-capable application, because if the end-user can get the source code to the application they can modify it to save the output from the decryption process in a non-encrypted form.

    It also means that you can't use all but the weakest DRM under an open-source operating system, because the operating system mediates the application's access to the hardware, so you can intercept the decoded output from the application and save it.

    The only way to have strong DRM and an open-systems environment is to have a sealed media translator in the audio and video hardware. Then the A/V hardware performs the decryption. In which case it doesn't matter what platform you're on, all the media player application does is provide a storage service for a dedicated music or video player that's embedded in the A/V card.

    So unless you're using a Creative Audigy it doesn't matter what your operating system is, you won't be able to play WMA++ files. And pretty soon, you'll need a monitor with a DRM-enabled digital video input and digital speakers that exchange keys with the A/V card to play DRM media.

    Then Microsoft will come out with the Palladium scheme again, and you'll be able to play your music and videos under Windows Media Player Trusted Edition on Trusted Hardware, and Creative will start selling cheaper WinAudio cards that don't need the expensive sealed and boobytrapped DRM module, but they only work with Windows... and then they'll quit selling regular DRM modules because there's not enough market...

    And we'll be back where we are now, except that it'll be even harder to convince people they can switch to open source operating systems, because open source DRM can't ever be trusted so open source operating systems will be even less able to play DRMed media than they are now.

  48. We want a DRM-free future by Anonymous Coward · · Score: 0

    First of all, anything that is made for consumption by the human eye or ear can be recorded by camera or microphone and encoded in a truly DRM-free format. There may be a small loss of quality but the point is that DRM is useless for the recording industry and nothing more than a nuisance.
    We can all contribute to a DRM-free future by emailing our senators and congressmen that we oppose DRM and buying only products from companies that do not support DRM.

    1. Re:We want a DRM-free future by kardar · · Score: 1

      Speaking of compression - the aac's and the mp3s, while they might sound very well, are not anywhere near as good as lossless formats - so not only do you get DRM, you also get a lower quality audio format as well. What a deal!

      There is a way to standardize DRM - do away with it. Then all content providers will be able to compete on a level playing field.

    2. Re:We want a DRM-free future by MmmDee · · Score: 1
      ...the aac's and the mp3s, while they might sound very [good], are not anywhere near as good as lossless formats...

      I'm no audiophile, so perhaps my opinion only reflects the majority of the public, but I can't really hear a meaningful difference between "CD quality" and MP3 (unless the latter was encoded badly). Along the same lines, I listen to AM radio from time to time too without thinking, "that would sure sound better on FM/vinyl/tape/CD". I believe most of the music listening world pays more attention to the lyrics and rhythm than actual tonal quality. Perhaps it depends on the preferred genre. Like fine art, there will always be aficionados for the very best obtainable; however, the rest of us will be happy with merely a usable copy.

      --
      No man's an island, unless he's had too much to drink and wets the bed.
  49. If backups are outlawed by Anonymous Coward · · Score: 0

    only outlaws will have backup.

    I can't believe I posted that, sorry.

  50. "... feel dirty using Apple's DRM" by Anonymous Coward · · Score: 0

    Then dont use apple's DRM. MP3, AAC, WAV, AIFF do not have DRM and play on the iPod just fine.

  51. Ace in Apples sleeve by Lord+Floppy · · Score: 2, Insightful

    While this is a strange development and I cannot predict what will happen, Apple still has the ability to use veiled threats and coercion. Apple has made it extremely easy for any band/group to record their own music, it would be simple for Apple to work directly with bands and handle publicity, this could ultimately cut the labels out completely. With the digital market moving the way it is actual distribution of cds is going to falter. Apple could probably very easily distribute songs in multiple formats. 128kbps and Apple Loss-less for people who want the extra "ummmfff." I personally like AAC very much, and see the need for cd quality digital tracks as well. Apple should fight this tooth and nail. Or the labels should recognize a format built by people who understand sound (dolby labs) over WMA which is utter shite

    --
    Abandon all hope ye who enter here...
    1. Re:Ace in Apples sleeve by Anonymous Coward · · Score: 0

      Interesting but many of these artists have contracts with their current labels, that in many cases give the label the copyright for songs the artist does while under contract. Also Apple Computers agreement with Apple Records prohibits them from getting into the music business as long as they have the name Apple (hence the lawsuit over iTunes). As far as cutting the labels out, people have said similar things about the Internet and P2P. 128Kbps AAC sounds like a CD as long as you listen through head phones or in your car, but as soon as you try to listen on a good stero system you can tell it's not CD quality. In any case legal downloads from places like iTunes represent about 2% of the total downloaded music.

      The only reason Apple is oppose to this standardization is because it would mean they'd lose the level of control they have with iTunes and compatability with the iPod (without the need to burn a re-rip).

      The recording industry could do what they're good at and lobby congress for legislation that would require a standardized form of DRM. If you think it's impossible consider that congress was thinking of mandating the inclusion of DRM in every personal computer and device that dealt with copyrighted material in a digital form. There is also the matter of the FCC mandated adoption of HDTV and the inclusion of broadcast flag technology (a form of DRM).

  52. Thanks, Microsoft. by reidconti · · Score: 4, Insightful

    Here's what happened:

    Microsoft, whispering into RIAA's ear..
    "You know that Apple DRM has been hacked, and blah blah closed system, blah blah, doesn't support artist's rights, blah blah, Windows Media Miracle Solution!"

    RIAA:
    "Good point."

    Dead iPod

    Microsoft: Profit!

    Go shove it. As soon as they try to screw us out of affordable/iPodable online music sales, we'll go back to stealing.

    1. Re:Thanks, Microsoft. by Anonymous Coward · · Score: 0

      Microsoft, whispering into RIAA's ear..
      "You know that Apple DRM has been hacked, and blah blah closed system, blah blah, doesn't support artist's rights, blah blah, Windows Media Miracle Solution!"


      ALL RIAA members have a contractual agreement with their institutional stockholders to maximize profits. The member companies may not take any position that would be in conflict with those corporate profit agreements, including supporting pro-consumer or pro-artist endeavors.

  53. Re:Very good by ScrewMaster · · Score: 2, Insightful

    ... but the good news is that, once this "unified DRM" is put into place it only has to get cracked once, which will make Rip, Mix, Burn almost as convenient has having no DRM at all. If the RIAA were as smart as they think they are, they'd push for as many wildly different encryption schemes as they could. Even if each particular scheme isn't particularly secure, by using a bunch of them it would make life more complicated for people wanting to listen to their own music, I mean, steal intellectual property. Heck, the DVD was released with a "unified DRM" system: it worked very well until the teenaged DVD Jon cracked the thing. Now look where they are ... DVDs for download all over the place. If the RIAA wants to repeat one of the MPAA's biggest mistakes that's fine: it won't have much impact on the quantity of online copyright infringement.

    --
    The higher the technology, the sharper that two-edged sword.
  54. the industry is pushing DRM and that's good? by xutopia · · Score: 1

    what planet do you come frome? DRM sucks, it's a way to get prices as high as possible.

  55. The obvious solution... by yeremein · · Score: 3, Insightful
    Apple, which makes the popular iPod portable music player, has insisted on using its own propriety format for songs downloaded from iTunes music store, while rival sites use alternative technology developed by Microsoft.

    However, the decisions have caused havoc for consumers - tracks downloaded from iTunes will only play on an iPod while tracks downloaded from rival services such as Napster, My Coke Music and MSN will not.

    Why is the recording industry overlooking the obvious solution? Dont' use DRM at all!

    Seriously. No form of DRM that allows you to listen to the music will prevent it from being digitized. Everything is already available in unencumbered formats through file sharing networks.

    Get it free and unencumbered online, or pay to get an inferior product that you can only listen to on a handful of platforms, and that can disappear at will. And they're wondering why people still trade files online?

    All DRM does is punish the honest users. I'd buy music online if it wasn't DRMed.
    1. Re:The obvious solution... by 2nd+Post! · · Score: 1

      But did you buy copy protected VHS tapes or DRMed DVDs?

      If so you're part of the reason the labels believe that DRM works!

    2. Re:The obvious solution... by yeremein · · Score: 1

      But did you buy copy protected VHS tapes or DRMed DVDs?

      If so you're part of the reason the labels believe that DRM works!


      How well has CD copy protection been received? Does it actually increase sales, or just break Macintoshes? Why do you think Sony is scrapping copy protected CDs?

  56. Case Study... by MadMacSkillz · · Score: 4, Informative
    I am also in the camp that would like to see copy protection gone, even though I am a so-called "content provider" myself.

    I recorded a CD and released it online. I also allow some of the tracks to be downloaded for free at MacIdol. And here's what I've found...

    As I have made more tracks available for free downloading, CD sales have INCREASED. I think I know at least one reason. We all can recall an artist that we sorta liked on first listening, but then liked more and more as we listened more and more. When you allow several songs to be downloaded for free, you increase your chances of this happening. If people dig the music enough, they might order the CD. If they don't, then you've lost nothing. But they still have your "free" songs out there and they have friends, and you never know.

    And instead of releasing the worst songs from the disc for free, I released what I thought were the best songs. I wish big artists would do this.

    I'm in line to get the CD into iTunes, but the waiting list to get in is long, so it can take months for a little guy to get in. But I just see iTunes as another way to get exposure. Once the CD is on iTunes, I will still allow free downloading of some songs, because I really believe it will help, not hurt, CD sales. My freely downloadable songs are located at:

    http://www.macidol.com/jamroom/bands/999/music.php

    --
    Music - www.richardmac.com
    1. Re:Case Study... by NtroP · · Score: 3, Interesting
      I listened to (and downloaded) a couple of tracks from your "Florida Songs" album and just purchased CD. Good stuff!

      I think it's great that independent artists have the means to produce their own art and distribute it without having to deal with the Music Mafia.

      I wonder if iTMS would allow an independent artists to stipulate that they wanted to release their music in non-DRM AAC format or even Loss-less format through iTMS. It would be great if they offered a whole section devoted to "open/indy artists" who were offering their content in this way.

      I know that I for one would frequent that section often, if only because I believe in supporting "the good guys".

      Are you definitely going to be on iTMS? Once you are on it, is getting your second album on it easier?

      Keep up the good work!

      --
      "terrorism" and "pedophilia" are the root passwords to the Constitution
    2. Re:Case Study... by alphakappa · · Score: 1

      I just downloaded your songs and I have to tell you this - I loved them! I can't afford to buy anything right now, but as soon as I get some moolah, I will. For now, I'll give you what I have in abundance - my appreciation, both for your music and your ideology.

      --
      "When the only tool you own is a hammer, every problem begins to resemble a nail." - Abraham Maslow (1908-1970)
    3. Re:Case Study... by MadMacSkillz · · Score: 2, Interesting

      Glad you liked it! My CD will definitely be on iTunes, but they won't say when. It can take anywhere from 2 weeks to 3 months to get into iTunes, if you're an independent artist. 3 months is a long time, but I really can't complain - I'm just happy they're willing to carry small independent artists like me.

      --
      Music - www.richardmac.com
  57. Um... no. by Guppy06 · · Score: 3, Interesting

    "good news for all the crazy slashdotters who want an iPod but feel dirty using Apple's DRM"

    What part of "I don't pay money for DRM" don't you understand? I don't care where in the equation the DRM came from, I will not pay money for either DRM software or the DRM hardware required to run it.

    The only "exception" I have to this rule is with DVDs: I'll buy a DVD so long as it's not published by a member of the MPAA, and even then I play it on a region-free DVD player.

  58. The problem with DRM by Anonymous Coward · · Score: 1, Insightful

    When I was reading 1984 I always wondered how they could instantly change all the newspapers and constantly rewrite history and make it up to date. Since all the newspapers would have already been distributed. There would be traces left.
    A combined Hardware and software DRM seems to allow this. Since you are giving material to people without actually giving it to them, you can always change it. And distribution systems will definitely favor DRM instead of physical media because it is so much more 'convenient'. If a license to temporarily view something with various restrictions becomes the dominant form of ownership, freedom is definitely going down the tubes. It wouldnt be so much a dictatorship but the replacement of personal artifacts and memory by a culturally/centrally owned artifacts and memories. We wouldnt have a license to remember what we forgot. Pretty isn't it?

    "If you want a picture of the future, imagine a boot stamping on a human face--for ever."
    --from Nineteen Eighty-Four

  59. Re:Very good by Anonymous Coward · · Score: 0

    Why do you hate rights? Do you want to give up your rights for the good of everyone else?

    You argue that the labels are greedy because they want to protect their rights. I say you are greedy because you want to violate the labels' rights.

    Think about it.

  60. Good news??? by KFW · · Score: 5, Insightful

    >> Bad news for Apple fanatics but good news for all the crazy slashdotters who want an iPod but feel dirty using Apple's DRM: the labels are getting together and insisting that online stores standardize their DRM methods.

    Um, how is this good news? Apple's DRM is actually fairly innocuous in practice. I don't feel the least bit dirty using it. Do you honestly believe that something foisted on us by the labels will be more end-user friendly and less proprietary? /K

  61. What? What non-proprietary DRM is there? by GFLPraxis · · Score: 2, Interesting

    Why are they picking on Apple's proprietary DRM and open format? Microsoft uses a proprietary DRM AND proprietary format. So does Sony. And there's no other major DRMed formats other than those three. AAC is the least of the three evils, since it's the only one with an open format! (WMA, Sony's format that I forgot the name of, and AAC) Why not pick on Microsoft FIRST, or Sony, then Apple? Why single out Apple?

    Most music stores are WMA- one is AAC- and they pick on the AAC one? Did Microsoft bribe them or something?

  62. Mods on Crack Again by Anonymous Coward · · Score: 0

    Flamebait? It's less flamebait than the submission was.

    I agree with cockroach2 on this one. If you feel dirty using Apple's DRM, then chances are either a) a rabid anti-Apple person (and really shouldn't be complaining about their DRM, since you probably wouldn't use an iPod anyways) or b) you'd feel dirty using any DRM, as you feel it removes the rights you have with regards toa product you have purchased.

  63. this is vital by stewwy · · Score: 1

    It is extremely important that the music industry standardizes on one DRM,preferably investing lots of time money and reputations. This will save a lot of work and time in the long run....... ;) think about it

  64. DRM? What DRM? by Anonymous Coward · · Score: 0

    I've been using allofmp3.com, a music download site in Russia. You pay $.01 per megabyte. You can preview all their music (in very low quality) before you download to see if you like something or not.

    Most of their collection also gives you the ability to choose a custom encoding, such as MP3, OGG Vorbis, FLAC, WMV, and maybe some others (I just go with OGG). You can select the bitrates of your own choosing to give you a comprimise between quality and size (since they charge per megabyte).

    Why would anyone want to use any other download service? Its legal (although frowned upon by the RIAA) and has no anti-consumer DRM restrictions.

    They even take PayPal!

  65. Ah but that is old patents by SmallFurryCreature · · Score: 2, Informative
    There was/is a patent on for instant all of the internal combustion engines HOWEVER there is no patent on the internal combustion engine. Confused?

    Previous engines were external combustion engines, namely the steam engine were the fire was outside and the force of the fire through steam was put inside the engine.

    So someone thought Hmmm wouldn't it save a lot of trouble if we could remove all the steam and hot water and boiler and get the fire inside the engine.

    The various ways in wich this has been done have been patented, giving the inventor of the way to do the idea several years protection BUT the idea itself could not be patented.

    That is the original idea behind patents. To allow inventors a small amount of time to recoup their investment while at the same time making sure the invention would soon be available to the entire world. We now think that 1 year is a long time but when patents were tought up people thought in decades.

    of course since then the patent system has gone to hell with ideas now being patented but that is because it is being abused.

    --

    MMO Quests are like orgasms:

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

  66. Teenage Jon didn't krak CSS by Simonetta · · Score: 1, Interesting

    I think we should get away from actually believing that a 15-year-old boy in Norway sat down and decoded the media industry DVD Content Scrambling System.
    A technician from Xing Corporation passed the confidential trade-secret information for descrambling the signal to 'DVD Jon' who wrote a front-end interface in Linux for this information and uploaded his program to a Linux distribution site.
    If you think that a 15-year-old could just sit down and decode an industry encryption standard, then you should go work for National Public Radio and not spend so much time on Slashdot.

    1. Re:Teenage Jon didn't krak CSS by timster · · Score: 5, Funny

      Personally, I think we should get away from actually believing that a college student in Finland sat down and wrote an operating system.

      A programmer from IBM passed the confidential trade-secret information for emulating UNIX to "Linux Tovald" who uploaded the program to an FTP site.

      If you think a college student could just sit down and emulate an industry standard operating system, then you should go work for The O'Reilly Factor and not spend so much time trolling, troll.

      --
      I have seen the future, and it is inconvenient.
  67. Re:Very good by Billly+Gates · · Score: 1

    What I am really hoping for is DRM being controlled from only 1 company who has a financial interest to use it to maintain a monopoly and lock out competitors. That would be awesome!

    Only then when a company dictates a future rather than the people can standards finally be ready to take over. Ask any PHB or CIO?

  68. whoa whoa whoa by Anonymous Coward · · Score: 0

    hold on now, Apple is trying to battle RIAA? Apple gets the music it sells from major record companies. It's those major record companies that RIAA represents. So it's the record companies just as much as RIAA. If Apple just gives the big FU to RIAA then the record companies will not sign another contract with Apple. does no one else see this?
    RIAA and the record companies that give apple the music to sell and one and the same.
    sheesh

  69. Re:Very good by Coming+soon! · · Score: 1

    You're right, we should apply this "centralized, standardized decision making" to other aspects of our lives as well. How about health care and agriculture for starters, then we can move on to employment and travel... oh wait that's all been tried huh. Oh well.

  70. Easy Way by Doc+Ruby · · Score: 2, Funny

    How about they all unify on one certain DRM standard, that will be absolutely interoperable among all players, without any key-distribution headaches, extra bandwidth, or market friction: NONE. It's backwards compatible!

    --

    --
    make install -not war

  71. The Real Digital Revolution by Simon+G+Best · · Score: 1

    You are right. As with software patents, they're trying to treat this 'new' stuff as if it's essentially the same as 'old' stuff, when it's not. And, because this 'new' digital stuff is not the same, they're having to work against the very nature of this digital stuff - and that means they've got that digital nature working against them!

    Far better it is to seek a way to work with the nature of the stuff. That's the essential strength of Open Source. (The openness, peer-reviewability of code, etc, all follows easily and readily from the basic nature of bits.) And, when you're working with the nature of the stuff, you've got the nature of the stuff working with you!

    This is the real digital revolution. So often, those who spout that phrase, 'digital revolution', just don't understand it, and do not realise the true magnitude of it. Far from having arrived, the digital revolution hasn't even begun to reach it's end. If anything, we are only now beginning to witness the end of the beginning. And it is a revolution that has been decades in the brewing.

    This slight quaking of the music industry is just an example of the tremors preceeding the full revolution. Tensions are growing, and these precursory tremors are not enough to relieve the growing pressure. Instead, they are steps towards the main event.

    The changes that the true ground-breakers are seeking to introduce will prove to be of orders of magnitude greater than those imagined - even feared - by the music industry and the like. Even the biggest changes being contemplated by the current music industry chiefs are small compared to the changes they will have to face and accept. In comparison, things like online music retailing will seem so small and pathetic.

    As with Open Source, musicians will find themselves liberated from the current, distrusted system, and they will turn their world upside-down. Instead of going on promotional tours to boost record sales, the recordings will become promotional and live performances will be the real product.

    In these earthquakes, in the music industry and beyond, artificial scarcity gives way to natural scarcity. You can copy a digital recording many, many times, and distribute those copies cheaply and easily. But there are only so many concerts you can give, and only so many people who can fit in the venues to hear and see you.

    Up the revolution!

    --
    Freedom of expression includes the freedom to seek, receive and impart information and ideas expressed in software form.
  72. The goal of DRM by Anonymous Coward · · Score: 0

    I've long suspected the IP cartels of insincerity in their supposed efforts to push towards "legal downloads". The "hammer & anvil" approach of lawsuits and ponderous DRM seems geared towards keeping consumers away from any sort of downloading, and keeping them in the retail world buying physical product. I don't see any sort of palatable framework being constructed - and what does exist as far as that goes, outside of the RIAA's construction, only gets attacked by same.

    If I were a complete cynic, I'd probably assume that the true purpose of the hammer & anvil method is to delegitimize "downloading" with the hammer, and depopularize it with the anvil. After all... why should large, monied groups of companies - who have made the supermajority of their profits through the equivalent of embezzeling using distributor-privilege - want to remove their nets from that very profitable chokepoint where they're currently cast? What benefit is it to them if online music distribution takes off?

  73. Funny? by Anonymous Coward · · Score: 3, Insightful

    The ironic thing is that that's insightful.

    NO DRM scheme can ever work, so long as we retain control of our computers. You cannot simultaneously grant people access to the work and yet preclude it. And if we control our computers and are given any access to the work, it is merely a matter of expending the effort to extract that work in some form.

    It's nothing but an artificial restriction, which is hardly unusual in the realm of intellectual "property," and it's why they need the DMCA to marginalize those who are able to free the works from society by making them "criminals" ...

    1. Re:Funny? by lachlan76 · · Score: 1

      The ironic thing is that that's insightful

      Good, because I didn't mean it as a joke.

  74. will y'all quit yer bitchin by b17bmbr · · Score: 3, Interesting

    download drm'd aac songs, export them to cd audio, then rip the new cd. no drm. lossless. sounds great to me. downloaded digital music is not going to be the absolutely highest quality. it takes $1000 stereo system to hear a tiny difference in quality of a $0.99 song. holy crap. apple's drm is the least invasive and lest restrictive. would you rather microsoft's drm?

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:will y'all quit yer bitchin by pyrros · · Score: 1

      You are wrong.

      Burning AAC to cd and re-ripping is NOT lossless. At best you will get something as good as the original AAC, but in practice different codecs will throw out different pieces of information, so you will lose more.

      It might sound great to you, but it is not lossless.

  75. Re:Very good by joeljkp · · Score: 1

    Well, if they're going to have DRM, they might has well have open-source DRM. On top of Ogg, no less.

    I could live with that standard.

    --
    WeRelate.org - wiki-based genealogy
  76. Apple should buy Apple by ArcSecond · · Score: 1

    I mean to say, Apple Computers should buy Apple Records (the one the Beatles started, the one that sued them a couple of times) so they can start publishing and marketing for indie labels and individual artists. I think they would do pretty well, and they could take or leave the big companies' stuff.

    The only reason the big music guys want total control over distribution is so they can guarantee a return on the monstrous investment in marketing that their hit-based model demands. Niches are totally beyond their business logic, but a service like iTunes could really clean up with a diverse and deep library.

    --

    I've got a bad attitude and karma to burn. Go ahead. Mod me down.

  77. Re: O'Reilly & DRM (was: Ultimately, no DRM... by steve_l · · Score: 1

    yeah, snicker. Manning press (bias note -I'm one of their authors) do do DRM free PDFs, which is great; I have my book on lots of machines, share copies with others, and have quite a few copies of other books up and coming. There is nothing like having 20+ PDF of currents books on a laptop when you need to do a keyword search for a topic.

  78. Leave Apple Alone by Anonymous Coward · · Score: 0

    After years in the doldrums, Apple has gained some clout by creating great products.

    And now of course the labels (and Real) want to horn in on a piece of the pie.

    Well tough titty!

    If Apple has to give up their DRM, then Microsoft should give away the source code to Office, Real should give away all their formats and best of all, the labels should freely give away their music.

    NOTE: I am not a Mac user or even an iPod owner. I just can't stand this blatant hypocrisy.

  79. SDMI Anyone? by buckminster · · Score: 2, Insightful

    Well, they sort of tried this on their own a few years back with SDMI. When was the last time you heard anything about SDMI?

    Now that they've failed to deliver their own industry standard DRM they want tech companies to deliver one on their behalf? Given the failure of the SDMI working group it seems highly unlikely that an outsider will ever produce a scheme the labels can buy into.

    Like it or not, iTunes is the closest anyone has come to this.

  80. Here's a figure by Infonaut · · Score: 1
    Here's a figure for you. According to this analysis, "... owners have doubled their share of royalties, even though the marginal cost of manufacturing has fallen to almost zero."

    It seems the greed factor is running just as high as ever in the music industry, even in the face of a radically changing environment. These guys seem to think that it's their God-given right to continue to make more and more money while providing less and less value to customers.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Here's a figure by wolrahnaes · · Score: 1

      Well it is their right in the capitalist system. If the people will pay, they can do what they want.

      There is no problem with the music industry charging $20 for their CDs if the people will pay it. It's their choice. I could charge $2000 for my software if I wanted to (I don't however, preferring to GPL or BSD it).

      So far the only thing the **AA has done wrong is blaming falling sales entirely on P2P, rather than admitting that it is also related to the high cost and low quality of most of their offerings.

      Obviously P2P is a cause, as most who download will not buy (yes a few do, but most don't), but it's not the only cause.

      And for the record, I do support suing filesharers, because regardless of if the music industry isn't offering a decent online distribution method, copyright infringement is still wrong, and should be punished.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
  81. Very simply put, Labels don't want a unified DRM.. by macslut · · Score: 4, Insightful

    Labels don't want a unified DRM, what they want is *any* DRM that they can use to directly sell to consumers themselves. They can't use Fairplay, which rules out iPods. So unless they're going to go the Doomed to Fail Sony route of providing a whole soup to nuts system, they *need* an open DRM so they can bypass Apple and Microsoft and sell directly to consumers. I would rather have the labels die a quicker death.

  82. This would be great by aztektum · · Score: 0, Redundant

    An industry standard DRM would be great. Then I'd only have to download one circumvention device instead of multiply for different schemes.

    --
    :: aztek ::
    No sig for you!!
  83. YAY by vandalman · · Score: 1

    Only one type of DRM to defeat instead of many!

    --
    Devise, Repair, Solve, Build
  84. where are my modpoints!? n/t by chocolatetrumpet · · Score: 1

    n/t

    --
    Spoon not. Fork, or fork not. There is no spoon.
  85. not true man by Anubis350 · · Score: 1

    I'm first of all going to ignore the fact that you said a vinyl fucked at a party since the images conjured up by that are disturbing....

    now, about "the medium" argument you have, its flawed. You see, the medium is the file format. What the music industry would want ideally is to be able to every few years release a new, better, higher quality, old devices wont play it, format. So you see, in the digital world there is still a medium (oh, the players themselves count too)

    cheers,
    Aaron

    --
    "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
  86. Funny by samantha · · Score: 1

    I was under the impression that it was artists who are "the providers of music". Why would we wish to stand for the labels, who only want to continue to suck wealth out of both artists and the public using out-moded business models, to decide what the rules and infrastructure of ther rules (DRM) are for us to acquire and listen to our favorite artists? These are the same folks that would like to close down and have acted to actively poison P2P.

    Just say NO.

  87. Re:Very good by ScrewMaster · · Score: 2, Interesting

    Because after all that transcoding all you'll hear is white noise.

    --
    The higher the technology, the sharper that two-edged sword.
  88. Here is a DRM that *could* work: by spitzak · · Score: 1

    There are lots of problems with this, especially privacy and some fair-use problems, but at least it technically is possible:

    There is a sealed decoder chip in the playback device. It must not be software (though Microsoft will scream and cry and try to convince you otherwise). Ideally it is attached rather well to the digital to analog portion and cannot be seperated without destroying it. The chip has a PK decryption key burned into it at manufacture. Nobody knows this key. The chip also can report the matching PK encryption key.

    Anybody can access the encryption key and encrypt music (or whatever data) to a form where only this chip can decrypt it and play it back. The resulting encrypted data does not have to be protected at all because it is useless without the matching chip.

    You would buy music by sending the PK encryption key to the music distributor, who will encrypt the music and send it back. The file is useless except on the target device.

    Notes:

    If somebody does extract and publish a decryption key, this will probably be noticed soon and publishers can refuse to encrypt to that key.

    It's not impossible to transfer your music to another device. You may be able to prove to the publisher that you bought the music by showing them your old key and checksums of the files you bought, then they will re-encrypt the music for a new key. Now of course you may have copied that music and key, but the fact that the files are useless without talking to the publisher, and they can compare the submitted keys from different sites, makes this seem like it would work.

    To prevent software from pretending to be the chip and submitting encryption keys that the decryption is known for, the chip manufacturers would keep a database of all assigned encryption keys and publishers could check this for legality. If the majority of the large ones do this it will still protect small publishers that don't pay for the system by discouraging development of such software.

    Advantages of this system:

    1. It will work with open source. In fact it is highly recommended that the chip interface be entirely documented, as this increases insurance that there is no loophole and it cannot be broken. This is the primary reason Microsoft will fight this tooth and nail and currently throws all kinds of smokescreens up to discourage any discussion of a hardware solution without secret software.

    2. Anybody can use it to copy-protect their data, since the encryption key is available. If DRM is actually a benefit this does not limit it to only rich media companies who can buy a license for it.

    3. Nothing special needs to be done with the files to "protect" them, they can be stored with any other data on any backup medium.

    Disadvantages:

    Yes there are a lot of problems with this system! However most of them apply to any DRM system.

    1. Privacy concerns because that encryption key is a system-id. Maybe the chips could have a whole lot of them, hundreds, so different ones can be used at random.

    2. If your hardware fails your files are useless. However this is true of most DRM systems.

    3. Serious problems with fair use. But all other DRM has this. Maybe publishers will accept the id's of a number of devices rather than just one and files designed to be decodable with several chips at once (the pk is only used for a small header, the rest of the file can be shared by all of them).

    4. Still has an analog hole, but so does all other DRM.

    1. Re:Here is a DRM that *could* work: by Anonymous Coward · · Score: 0

      Several flaws in the above.
      Hardware solutions will generate modchips -big enough demand means aftermarket solutions will come out, eventually.

      The economics are all wrong. Apple should make more than 3 cents. Any effective scheme, if it exists, will charge more than 3 cents. 99 cents is a magical number - it can't go up.

      The problem of broken keys, and invalidating prior legal purchases of the innocent. Pissing off innocent customers, and asking them to prove things is way off the mark.

      The last problem is the biggest. Who pays the money for the peak demand bandwidth,to answer emails, with new download links for aggreived legitimate customers - and guarantee it for 100 years or so?

      A Class action, and the consumer protection league will force backroom dealings into the public domain, and hopefully triple damages.

      DRM becomes flawed, when you see, that if the CA /title/deeds/PKI registry becomes insolvent, you loose.

      BTW, Apple is smart. Allowing songs to be priced according to their DRM format, will ruin any business model, and wreck hardware (ipod) models too. To be smarter Apple should ask them (RIAA) to explain to them why format X is technically better.

    2. Re:Here is a DRM that *could* work: by spitzak · · Score: 1

      I certainly agree that there are problems. What I was really trying to say was how to DRM in a technically possible way. I think it is interesting that the only way to make DRM workable is with an open-source scheme such as this. Microsoft hates this and thus will do anything in the world to stop it from being considered.

      Hardware solutions will generate modchips -big enough demand means aftermarket solutions will come out, eventually.

      That would be solved by having a central registry of legal encryption keys, created by the chip manufacturers. Any key submitted for encrypting the music would be checked against this database so that a fake key would not be accepted. Of course access to this database may cost money, so this could be a big problem for small publishers. I would hope that the use of the database by big guys would manage to protect small ones even if they don't pay for access.

      The problem of broken keys, and invalidating prior legal purchases of the innocent.

      You have identified what is by far the biggest problem with my scheme. However I am not convinced that any effective DRM scheme would not have the same problem.

  89. Solution? by dogfull · · Score: 0

    Here's my somewhat good idea :)

    The current situation:
    -crippled paid legal downloads
    -functional free illegal downloads

    Notice that for the costumer there is little difference between 'free' and 'illegal'. What if we would change this to:

    -functional paid legal downloads
    -crippled free illegal downloads

    Wether iTMS will do this or anyone else, is irrelevant. There could be a music service that lets you download and search music for free (usership) which can only be played for a limited time/1 pc. And at the same time it allows you to buy music once you like it (ownership). This music can then be burned on cd, transferred to iPod, used on multiple PC, whatever. In normal words: unDRM'd bought music, DRM'd free music.

    I shall call this model (I'm not sure wether anyone made it up earlier than me so don't shoot me :) the 'user-owner-model' , or UOM.

    I believe this model is a good idea, because not only does it make everybody happy, it also delivers more possibilities for both artists. labels and consumers.

  90. Re:Quite True:the RIAA wants to kill Apple's lever by harlows_monkeys · · Score: 1, Insightful
    One thing is clear, because Apple's iTunes Music Store has been successful, Apple has a great deal of clout during negotiations

    I disagree. Apple's iTMS has been a great success among legal music download services, but legal music download services are only a very very tiny fraction of total music downloads. The labels have their eye on the big prize--the people who are not using any legal download services now. If they have to drop Apple to get a DRM standard that they think will be more attractive to that huge crowd, they will do it.

  91. Vote with your feet by mollymoo · · Score: 1

    If you really don't want DRM-encumbered music then don't buy it. You can buy un-DRM-ed music on-line from Warp Records. If you're into electronica then check it out (it's not all they do, but it's their sock and trade).

    --
    Chernobyl 'not a wildlife haven' - BBC News
  92. If they must by Anonymous Coward · · Score: 0

    I like many people here on /. hate DRM, but I also know the labels are going to require that online music stores use some form of DRM before they're (online music stores) allowed to make the music available. If they're going to use DRM it may as well be standardized. For example, the DVD video format has enjoyed a great deal of success due in no small part to a standard copy protection system. This standardization has removed computability concerns (that vast majority anyway *cough region codes *cough *cough) from the consumer. Without computability issues locking music from one store to a certain player or players the stores will have to compete with one another on price (offering temporary price cuts like Real did), selection, ease of use. Yes I am aware one could burn that music from say Napster to a CD and re-rip it to put in on your iPod, but that's more of hassle then it should be.

    If doing this means making Apple and Steve Jobs upset than so be it.

  93. Hazards of Microsoft's WMA license by mpaque · · Score: 1

    The Microsoft WMA license contains some interesting items that might give Apple pause.

    The licensee is required to submit products using WMA to Microsoft for certification prior to being able to ship the product. New iPod product with WMA? Microsoft gets to see it first, before it ships. iTunes with WMA playback shipping in a new OS? Microsoft gets to see it first, before it ships. New computer or other product with WMA playback? Microsoft gets to see it first.

    Oh, and one more thing...

    There is a clause in the license which bars licensees from any legal action against Microsoft over patent, copyright, or other intellectual property violations. (Microsoft has had to pull this clause in Japan, where it turns out to be illegal, but it's quite legal in the US.)

    So, if Apple were to license WMA under the current terms, they'd be giving Microsoft early access and approval over new products, and would be unable to litigate if some technology from those products happened to somehow appear in a Microsoft product.

  94. A good reminder about DRM by Anonymous Coward · · Score: 0

    These great words of an unknown slashdotter deserve to be repeated:

    ... it's impossible to make secure DRM. DRM is not and can never be cryptographically secure because it is not actually a cryptography problem. Cyrpography is about keeping secrets away from unauthorized people. That's fairly easy. DRM is about GRANTING people authorized access and GIVING them the key and then attempting to keep what you've given to them a secret from them.

    DRM is a schizophrenic and fundamentally impossible task.

    All they can do is hide the key obscurely inside the player and hope that no one makes the effort to look at it.

  95. Re:What? What non-proprietary DRM is there? by AstroDrabb · · Score: 1, Insightful
    It is not Apple's DRM or open format. Advanced Audio Coding (AAC) is a standard, though it is not free. It requires a license to implement legally. "Fair" play was also not Apple's and still is not unless they purchased it, though I think they just have an exclusive license for it.

    Why are "they" picking on Apple? Because Apple does not want to play fair (pun intended). They will not allow "Fair" play to be used by anyone else. They want to own the online music market to drive iPod sales. I am not a fan of MS, but at least with MS "if you pay you can play". MS _wants_ to license their DRM, they want the whole world to license it. Silly Apple is making another huge mistake that will eventually make iTunes a niche market like their other products. If they just allowed anyone to license "Fair" play, then they could not only make money from the sale of iPods, but also license fees for _every_ competing portable player out there.

    The sad thing is that because of this dumb move by Apple, I bet MS's DRM will win out. That means MS DRM for MS OS'es only. MS will always lag with a Mac OS version and you can bet there will never be a Linux version. So all portable players out there suddenly become "MS only".

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  96. You got #4 wrong by SuperKendall · · Score: 1

    Apple CAN tell the labels to go take a flying leap. Why? Because despite what the record companies say about not making much off of ITMS, there have been over 100 million songs sold and growing and they get around 3 cents a hare (or more). Which record company is going to be the first to turn off the money spigot and let that dry up? Who is going to take the heat for being the first one to abanodn the only profitible online music service and go back to taking P2P losses as the only viable means of online distribution?

    The labels might have the music. But at this point Apple has a proven, growing distribution chain that works - and the record companies are not going to risk loosing that until they have a viable alternative.

    So they can cry and cry all the like, and Apple (with the rest of us) can just laugh.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  97. $30k is chump change by Anonymous Coward · · Score: 0
    Likewise, Apple DOES make 3 cents a track.. .03 * 1 mill isnt chump change.

    1 million * $.03 = $30,000, not enough to pay even one professional staff member over the time that money was made.

    Also, "isn't" is a contraction for "is not", so it is necessary to include an apostrophe to represent the missing "o" in "not."

    1. Re:$30k is chump change by Anonymous Coward · · Score: 1, Insightful

      The iTMS sold a million songs its first week, so assuming it's tapered off by half by now, the one professional staff member would have to get paid $750,000 a year to take up that much money.

      Man, I'd love to be that staff member.

  98. What would happen if? by killjoe · · Score: 1

    What if Apple and MPAA could not agree.
    What if MPAA decided on the MS DRM format and MS opened up an online music store.
    What if MPAA has an exclusive agreement with MS so that MPAA titles were only available to MS.
    What if MS charged more then Apple did (say $1.50).

    What would happen then? Would Apple sell non MPAA titles for a buck and if so would that be enough to drive a business?

    --
    evil is as evil does
  99. You would think... by leperkuhn · · Score: 1

    You would think that the big record companies like BMG would just open their own online store instead. All the content, their own oppressive DRM, whatever they want.

    --
    http://www.rustyrazorblade.com
  100. Re:Quite True:the RIAA wants to kill Apple's lever by Anonymous Coward · · Score: 0

    The DRM standard that will be more attractive to that huge crowd of people who are not using legal download services and using illegal ones instead?

    So what DRM standard would that be? No DRM?

  101. Re:Very good by Anonymous Coward · · Score: 0

    But this way we only need to break one DRM scheme.

    We always only need to break one DRM scheme, even if there are more of them. Having one DRM scheme is not any easier to brake it--quite to le countrairie--it is harder to break in if there is only one way, since security is a chain. When there are many different DRM schemes like right now, the pirait only has to break one scheme which is the weakest link in the security chain. Please keep in mind that security is a chain ans adding more links (even stronger ones, mind you!) does't improve security because the attacker doesn't have to break all of them, like would be the case in case of onion layers (e.g. the security of state borders). Please keep that in mind.

  102. True by Anonymous Coward · · Score: 0
    Personally, I think we should get away from actually believing that a college student in Finland sat down and wrote an operating system.

    That's right, because he DIDN'T. He wrote a KERNEL for the operating system which has been already developed by tens of people FOR EIGHT YEARS. And have you used that kernel back in 1991? Please get your facts straight before you try to make a joke next time. Thanks.

    1. Re:True by Anonymous Coward · · Score: 0

      That's right. Those tens of people were actually some of the brightest minds in the industry, many of them were working in the AI Lab at MIT back then. And the system was of course GNU. Please mod parent up. This is very important.

  103. cheap leagal downloads that work with itunes/ipod by kirasaw · · Score: 0, Offtopic

    I use a Russian music site - allofmp3.com - they offer an english language site and music from around the world. I download tracks with no DRM in M4A format that itunes/ipod use. Prices are at a per meg downloaded not per song. This makes most single tracks about .06 cents US and alblums around .75 to .80 cents US. Most of the music I download is Russian but they have a wide selection of US artist also. These tracks work seemlessly with itunes and ipods. They take Paypal so no Russian site every sees your CC#. I have over 400 Russian tracks and have yet to spend the $25US that I put on the account.

  104. Songwriters by tepples · · Score: 1

    Most of my downloads have no DRM at all, but they're perfectly legal. They're in MP3 format direct from the artists.

    What makes you think MP3 downloads from artists are "perfectly legal"? Even ignoring the patent issues, what about the copyrights that songwriters hold on the underlying musical works?

    1. Re:Songwriters by argent · · Score: 1

      Even ignoring the patent issues

      You mean, the MP3 patent? I'm using iTunes, so that's between Apple and Fraunhofer, and so far as I know they're solid. Or are you talking about the software the artists used... that's a pretty abstract issue from here: you might as well ask whether I've verified that they're not using a pirated copy of their mixing software.

      what about the copyrights that songwriters hold on the underlying musical works?

      Um, say what? Songwriters aren't artists?

      I suppose there might be a few covers I've downloaded in my iTunes Library, but if I've got any music where the performer isn't the only artist who holds a copyright on the work, and the songwriter hasn't given permission, it's because I don't know all the music in the world. Almost all my library is instrumental, at least half is older than the Mickey Mouse deadline, and the rest are so far as I know are original works. About the only pieces I can think of that might be dubious are the recordings from my daughter's high school concerts.

      I've purchased 41 songs from iTunes, some of those are covers: Bobby Mc Ferrin, Henry Mancini, "The Pink Panther Theme"; Miles Davis, Joaquín Rodrigo, "Concierto de Aranjuez"; maybe half a dozen I can identify from the ID3 tags... am I safe to assume that all the copyrights on these are legitimate and all the right people have been paid?

      Correct me if I'm wrong, but I think the copyrights on Scott Joplin's works have expired. Gershwin's are still valid, I believe, but I bought "An American in Paris" from iTMS and the rest are from a CD ... right here. Same with Copland.

      Then there's the Alternative section. Folks who label themselves like that tend to be doing all their own work. I suppose there might be covers of works I'm not familiar with buried there, or in my Jazz collection, or there might be a few performers putting covers up without mentioning they're not the composer. I can't be 100% sure, but I just don't have much interest in the kind of music that's likely to be an unauthorised cover or performance of a copyrighted work.

      Or is there something else I should be worried about that you're not telling me?

  105. Submarine patents and copyrights by tepples · · Score: 1

    Following your analogy, you could eat at McDo and get kicked in the nuts, but if you go to that hippie place you can get a hamburger for less and not get kicked in the nuts. Only it won't be a McDo hamburger.

    Except what if McDonald's has a submarine patent on a method of making hamburgers? Then it could sue the hippie place out of business. Likewise, the major music publishers hold submarine copyrights on melodies that they have every government-subsidized right to use against independents.

  106. Netboot without a hard drive by tepples · · Score: 1

    The GC being sans HD would make it tough to get OsX on there.

    The iMac can netboot Mac OS X without a hard drive; I'm sure somebody could rig up something with Darwin, a GameCube, and the PSO loader. To get around the trademarked hardware condition, duct-tape an old Apple floppy drive under the Cube; then the Cube would be sitting "on" Apple hardware.

  107. Re:Quite True:the RIAA wants to kill Apple's lever by ArbitraryConstant · · Score: 1

    Four words: single point of failure

    Secure protocols take years of careful design and years of peer review. Every standard out there was created behind closed doors with a tight deadline. None of them will last, and when they fail they will be replaced on an emergency basis.

    --
    I rarely criticize things I don't care about.
  108. Re:What? What non-proprietary DRM is there? by Anonymous Coward · · Score: 0

    Why are "they" picking on Apple? Because Apple does not want to play fair (pun intended). They will not allow "Fair" play to be used by anyone else. They want to own the online music market to drive iPod sales.

    I think there's something else. That's too easy an answer.

  109. Bright Tunes v. Harrisongs by tepples · · Score: 1

    Then there's the Alternative section. Folks who label themselves like that tend to be doing all their own work.

    That's what they think. How can an independent singer-songwriter know for sure that he's not subconsciously copying an existing copyrighted song? George Harrison got in trouble for this.

    1. Re:Bright Tunes v. Harrisongs by argent · · Score: 1

      How can an independent singer-songwriter know for sure that he's not subconsciously copying an existing copyrighted song?

      Tell me, was anyone who bought, sold copies of, or was involved in the production and distribution of "My Sweet Lord" found guilty of anything? Am I responsible for the publisher of a song using pirated software in its production, a performer playing music on a stolen piano, a studio using the proceeds from drug deals to pay for their equipment? Was a copy of "My Sweet Lord" purchased from Tower Records somehow more legitimate than a comp copy handed to you by George Harrison himself?

      This has nothing to do with DRM: if Mike Pianoman accidentally lifts a theme from Joe Nobody's demo reel, how does it matter whether he's released it through iTMS or by putting an MP3 or an OGG on his website? It doesn't, of course, this whole issue is a red herring.

    2. Re:Bright Tunes v. Harrisongs by tepples · · Score: 1

      if Mike Pianoman accidentally lifts a theme from Joe Nobody's demo reel, how does it matter whether he's released it through iTMS or by putting an MP3 or an OGG on his website?

      Yes. A label presumably has the resources to pay professional forensic musicologists to determine whether a given sequence of notes is part of a song that has ever been on the Billboard Top 100.

    3. Re:Bright Tunes v. Harrisongs by argent · · Score: 1

      A label presumably has the resources to pay professional forensic musicologists to determine whether a given sequence of notes is part of a song that has ever been on the Billboard Top 100.

      If they went through this ridiculous makework they'd find that every song has themes or lyrics in common with hundreds of other songs. "Sorry, you gotta change 'Broken Wings', it's got a conflict with 'Blackbird'".

  110. Reality check: Apple is in a tenuous position by Zhe+Mappel · · Score: 1
    Actually your wrong Apple has a lot of clout. As it is the record labels tried and failed to renegotiate the .99 a track deal and Apple flat out said no. Your also wrong in think its a 50% marketshare (its actualy around 70% accourding to soundscan.)

    Much as I enjoy iTMS, it will all be over for Apple tomorrow if the music industry finds another, more attractive suitor. And remember, love is blind.

    Apple's market share is as a distributor. The position of a distributor is wholly dependent on a supplier, without whom there is no business. Unfortunately for Apple, the reverse is not true. Online music distributors, in fact, are a dime a dozen, with more coming onboard all the time.

    Will the music biz desert Apple? Not immediately; not while the going is good at iTMS. But the DRM battle could go against Apple, which might find itself being compelled to adopt a competitors' technology or lose contracts with major labels. Remember: holding 50-70% of market share is nothing when the big meanie in pinstripes can easily take his music and go elsewhere.

  111. Re:Very good by lachlan76 · · Score: 1

    It's not any easier to break, but once it's broken, everything is in the open. Now, we have many DRM schemes, and breaking one will break some things for you, but other material remains with an effective (for now) DRM scheme. If there is only one scheme, break it, and you can copy anything.

  112. Re:Very good by Anonymous Coward · · Score: 0

    It's not any easier to break, but once it's broken, everything is in the open. Now, we have many DRM schemes, and breaking one will break some things for you, but other material remains with an effective (for now) DRM scheme. If there is only one scheme, break it, and you can copy anything.

    It would be true if every single song or movie was available only in one format. Breaking it would give access only to those works that use it. In the real world however most of works are made available in as many formats as possible (for example if there is an on-line store by Mac and another one by Microsoft, most of artists would want their songs to be available on both, similarly every director wants his movie to be available in the cinema and on DVD and eventually on the TV-on-demand channel) and thus if any given song is available in more than one encrypted formats it is easier to break than only one because the attacker can choose the easiest target. It's like having many different ways to log into a server. It is less secure not only because it is harder to secure many things than one but also because only the security of the weakest link matters, and the attacker is the one who chooses what is easiest to attack for him.

  113. Conspiracy theory by tepples · · Score: 1

    If they went through this ridiculous makework they'd find that every song has themes or lyrics in common with hundreds of other songs.

    Statistically, such accidental similarity is a certainty. Conspiracy theorists would bet that the incumbents already cross-license the themes that pop songs share, keeping them in a copyright pool analogous to major American auto makers' patent pools. Then they keep independents out by refusing to license the rights to pop music's melodic structure at anything less than extortionate rates, or they create an atmosphere of uncertainty to impose the transaction cost of copyright searching for each first publication of a new work. Compare to the software patent situation.

  114. For the less clued among us... by FredFnord · · Score: 1

    ...the grandparent post was sarcasm.

    -fred

    --
    Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
  115. Maybe this is why Balmer went apeshit! by rspress · · Score: 1

    Could this be why Balmer went into the zero brain cell zone and called all iPod users "music thieves" saying the main iPod format is "stolen".

    I guess Mr. Blamer has failed to notice the 0-day warez archives out there, but they do apologize good for him at Microsoft.

    Here is my reply from Microsoft from an email I sent them telling them I do not liked being called a thief.

    Hello,

    Thank you for contacting Microsoft.com Customer Support and for getting in touch with us about this.

    When Steve Ballmer implied that most of the music on iPods were stolen, he absolutely did not intend to single out iPod owners for criticism. In fact, given that they have access to their very own - and very popular - online music store, they are likely among the most law-abiding consumers of digital music. But the reality is that piracy remains high in terms of illegal downloads of music, and while online music services are getting better and better and winning more customers, piracy is still a major problem both on the PC and on devices.

    Microsoft Windows Media digital rights management (DRM) is a great way to limit piracy, and the main point Steve was trying to convey was that it requires a coordinated effort among many industry partners to do it right. More information on this platform is found on this page: http://www.microsoft.com/windows/windowsmedia/drm/ faq.aspx

  116. Sounds like communism to me by aristotle-dude · · Score: 1
    Why should all the companies be force to offer exactly the same service? I thought the free market should be allowed to decide the standard people want buy voting with their wallets.

    You know what this means, the labels want to force restrictive WMA DRM on everyone.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  117. I don't like DRM, but... by jocknerd · · Score: 1

    I can actually live with Apple's DRM. But what keeps me from downloading more music from iTunes is the fact that it is in a lossy format (AAC). I want my music in a CD-quality format. I feel a little cheated when I pay for music that has less quality than what I could get at a record store.

    And unfortunately for iTunes, their prices don't provide room to allow for lossless music downloads without it costing more than the CD in the store.

  118. Re:Apple is what? by Vitriol+Angst · · Score: 1

    The labels make $.68 on every track sale. Almost pure profit because they are just allowing Apple to repurpose a CD sale. This is much more per/unit profit then for each track in a store.

    Apple is going to be fine. The labels can't leave a profit--they are incapable. The indies will take over. In a few years, most new artists will be "direct-to-web".

    --
    >>"ad space available -- low rates!!!"