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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."

66 of 258 comments (clear)

  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."
  3. 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.

  4. 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 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

    2. 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.
    3. 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
    4. 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.

  5. 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.
      .
  6. 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.
  7. 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?

  8. 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 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.
  9. 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 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."
    2. 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.
    3. 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
  10. 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).

  11. 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.

  12. 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.
  13. 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.
  14. 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.

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

    "We shall all rejoice!"

    YEah!!! Only one technology to crack!

    --
    "Derp de derp."
  16. 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.

    --
  17. 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

  18. 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 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.
    3. 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

    4. 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 :)

  19. Re:Very good by lachlan76 · · Score: 4, Insightful

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

  20. 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
  21. 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 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
  22. 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 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.

  23. 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
  24. 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."

  25. 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
  26. 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.

  27. 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.

  28. 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!
  29. 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...
  30. 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.

  31. 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.
  32. 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.
  33. 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 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
  34. 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.

  35. 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

  36. 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?

  37. 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.

  38. 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

  39. 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.
  40. 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" ...

  41. 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.
  42. 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.

  43. 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.

  44. 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.