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iTunes DRM Hole Closed

FrYGuY101 writes "As recently covered on Slashdot, there was a hole in iTunes which allowed music to be acquired from the iTunes Music Store without Apple's DRM applied. Well, Apple has just released an update which closes this exploit."

69 of 594 comments (clear)

  1. Stops the RIAA... by datadriven · · Score: 5, Funny

    from filling one of Apple's holes.

    1. Re:Stops the RIAA... by mfh · · Score: 3, Funny

      Apple holes are usually caused by worms, right?

      --
      The dangers of knowledge trigger emotional distress in human beings.
  2. Impressive by Quasar1999 · · Score: 5, Insightful

    I like how they handled that... no horrible punishments, no wagging their finger at the community... just fix the hole, force the update (for obvious legal reasons), and carry on loving your customers... I like...

    Too bad napster to go couldn't be so accomodating... :P

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:Impressive by Anonymous Coward · · Score: 5, Insightful

      Only because it was pretty damn embarrassing and very difficult to pursue legally.

    2. Re:Impressive by GigsVT · · Score: 5, Insightful

      loving your customers

      By forcing DRM onto them?

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:Impressive by 0x461FAB0BD7D2 · · Score: 5, Insightful

      I think they've realized that DVD Jon is pretty much untouchable. He walks a fine line, but hasn't yet crossed it.

      It's not out of the goodness of their heart, but more because lawsuits are pretty damn expensive.

    4. Re:Impressive by ray-auch · · Score: 5, Informative

      Note that (per previous news stories, and probably on /. too) the update they are now forcing has more limits on what you can do with the music.

      See eg. here.

      Note the comments about no one being forced to upgrade... well, not any more.

    5. Re:Impressive by AlexTheBeast · · Score: 3, Informative

      Napster did the same thing actually. If you remember the "winamp/napster free music hack", napster quietly stopped that hole. They have also closed the virtuosa hole without press nor fanfare.

      Napster closed those holes efficently and quietly.

    6. Re:Impressive by cyngus · · Score: 4, Insightful

      Yet it remains the most consumer-friendly DRM around. Let's also remember that Apple itself could probably care less what you do with your music, but it has to reach some common ground with the record companies.

    7. Re:Impressive by 2starr · · Score: 4, Insightful

      If you allow anyone to do anything with the music, the record industry won't allow songs to be sold digitally or would require higher fees to make up for the losses. I love getting my music digitally, so I would prefer that a few bad DVD John-like people not ruin it for me. So, yes... they were looking out for me when they made that move.

      --

      "Let your heart soar as high as it will. Refuse to be average." - A. W. Tozer

    8. Re:Impressive by swv3752 · · Score: 3, Insightful

      No compromises are acceptable. It is people like you that accept the encroachment that will mean we rent everything.

      And, yes I do not use Itunes, not just because it is not available on my chosen OS.

      --
      Just a Tuna in the Sea of Life
    9. Re:Impressive by jbarr · · Score: 4, Insightful
      loving your customers

      By forcing DRM onto them?
      They are simply "enforcing" a standing policy, not "forcing" DRM. And it is a policy that their customers have already agreed to. Plain and simple, if you don't want DRM, don't use their service.
      --
      My mom always said, "Jim, you're 1 in a million." Given the current population, there are 7000 of me. God help us all!
    10. Re:Impressive by Satan+Gave+Me+a+Taco · · Score: 4, Insightful

      That's what he is you know, a fucking asshole ...The very simple and easy to live with rules that Apple laid out are just too much for some people ...All the crying people do about the big bad evil DRM screwing up the world and the "1984" type predictions are going to come true but it'll end up happening because the assholes among us will turn their noses up at every reasonable compromise along the way ...it will be in a sense our own fault.

      It's wrong to assert that "assholes among us" are the source of the problem. The labels are the ones imposing restrictive DRM. When a person or a entity acts in a reactionary manner, it is their own fault, not the fault of the thing they are reacting to.

      If you don't like the rules at iTMS then go buy your music elsewhere and quit screwing with the way the rest of us buy it)

      I don't buy at ITMS. I buy CDs, so I can rip to whatever format I want, with no DRM. But I support people like DVD John who are proving that DRM doesn't work. The record labels will have to change their business model to work with human behavior. What you propose is us changing our behavior to work with their business model. I couldn't disagree more.

    11. Re:Impressive by ElleyKitten · · Score: 5, Insightful

      Except, everyone already can do anything with music. Almost every song you could want you can find through pirating, and when you pirate you don't have to deal with DRM, you can get the music in any format you want and it will play in any player you want. The goal when selling music digitally is not to attempt to make sure your customers don't pirate, but to make sure that what they're paying for is better than what they don't pay for.

      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    12. Re:Impressive by Darren+Winsper · · Score: 3, Insightful

      Define "reasonable compromise." Strangely enough, what may be reasonable to you is not reasonable to me. I have enough computers that I would actually hit the limit of the number of computers I could have my music on under the iTunes limits.

      Tell me, what's the reason for restricting iTunes' streaming capabilities? It used to be five simultaneous users, now it's 5 per day. w00t.

      The reason people won't accept these so-called "reasonable compromises" is because there is no such thing as a reasonable compromise with DRM. By accepting DRM you're saying it's OK for the RIAA to re-define how you listen to your music on a whim. It's not reasonable at all.

    13. Re:Impressive by NEW22 · · Score: 5, Interesting

      The sad thing to me is relationship your are willing to put yourself in, in relation to the music industry. I mean, if you buy a CD you could rip it to any format very easily. Going through iTunes may save money in buying singles, but you get the music in a locked up format with mediocre quality (compared to CD), and the format doesn't even work on a lot of portable music players (such as my iRiver iHP-120). It would actually be easier for me to illegally download new music right now, if I wanted to actually use it the way I want. So, you put yourself into this appeasement relationship with the music industry that is basically limiting us and screwing us over for very flakey reasons. It's like "Daddy said we could get digital music if we are all good until Friday!".

      To hell with that kind of attitude. They can either lose money, or they can give us what we want. Its their choice. CDs are an open format you can use anywhere. Why is it so absurd or wrong or ridiculous to expect the same in downloading music over the internet?

    14. Re:Impressive by Jah-Wren+Ryel · · Score: 5, Insightful

      You sir, are a very reasonable fellow.
      "The reasonable man adapts himself to the world;
      the unreasonable one persists in trying to adapt the world to himself.
      Therefore all progress depends on the unreasonable man."

      -- George Bernard Shaw
      --
      When information is power, privacy is freedom.
    15. Re:Impressive by Sanity · · Score: 5, Insightful
      I love getting my music digitally, so I would prefer that a few bad DVD John-like people not ruin it for me.
      Yeah, those evil programmers hurting those poor multinational record labels by writing software that allows us to exercise our fair use rights under copyright law.

      Your bend over and take it attitude makes me sick.

    16. Re:Impressive by Hamhock · · Score: 4, Insightful

      His point isn't that he loves DRM, it's that the record companies can pull support for online downloads altogether if they want, thus removing the very conveinent resource that iTMS is. Everytime DVD-John (or someone like him) releases something like this it makes the record companies nervous, and presumably less willing to deal with an online service as open as Apples is (if you think it's not that open, you're wrong, it could be a lot more locked down then it is, and it may get to that point if these 'hacks' keep coming). Record companies ARE evil, but that's irrellevant in the context of iTMS. iTMS is beholden to the record companies. Messing up iTMS as some sort of philisophical 'fuck you' to the record companies only hurts the end user and Apple, not the record companies.

      --
      Two Minus Three Equals Negative Fun -Troy McClure
    17. Re:Impressive by Sanity · · Score: 3, Insightful
      Its the "bend over and take it" approach, no matter how you look at it. The record companies can't pull support for online downloads, those will happen with or without their say-so. All they can do is pull support for legal online downloads, and this can only hurt them in the end.

      iTMS is one of a small number of ways that people can conveniently obtain music and pay for it. If the record companies refuse to support it, then all they will do is drive people back to sources of music where they aren't compensated at all.

      In short, Apple is in a strong enough negociating position to distribute music that respects their customer's fair use rights. They deserve criticism for not fighting harder on behalf of their customers.

  3. No surprise by NerdHead · · Score: 3, Insightful

    When holes like this one open, it's only a matter of time before they close.

    Rant:
    This is no big surprise. Our favorite music is owned and operated by an industry
    who cares more about money than music. The artists who write and play this music
    have sold their souls to this industry. Until the artists wise up and use the
    Internet to distribute their music on their own terms, this cat and mouse game will continue. It's not going away soon since many artists do it for the money anyway.

    1. Re:No surprise by Anonymous Coward · · Score: 5, Funny

      You forgot to mention The Man. The concept of The Man is essential to all sixties-flavored artistic-integrity rants.

      Peace.

    2. Re:No surprise by Golias · · Score: 4, Insightful

      Our favorite music is owned and operated by an industry who cares more about money than music.

      I write software for a living, and guess what? I care about money more than software.

      You are welcome to work at whatever craft you do for free all you like, but professional musicians (and yes, professional music sales executives) have a right to charge for their work by whatever means they consider to best suit them.

      The artists who write and play this music have sold their souls to this industry.

      As the leader of a small-time garage band, I would LOVE to have a label come along and "exploit" us with a five-year, multi-million dollar record contract, even if it meant seeing every (crappy) song I ever wrote locked down by eeeeeevil DRM layers. There's no way schmucks like you are ever going to hear my music unless I "sell my soul" to the record industry, because I don't have hundreds of thousands of dollars to spend on marketing and promotion.

      g/marketing and promotion/s//payola/

      --

      Information wants to be anthropomorphized.

    3. Re:No surprise by tepples · · Score: 3, Informative

      As the leader of a small-time garage band, I would LOVE to have a label come along and "exploit" us with a five-year, multi-million dollar record contract, even if it meant seeing every (crappy) song I ever wrote locked down by eeeeeevil DRM layers.

      What if the label's affiliated music publisher instead sent you a cease-and-desist letter, claiming that "every (crappy) song [you] ever wrote" is an infringing copy of one of its own songs? Hey, it could happen.

    4. Re:No surprise by Zeneris · · Score: 5, Insightful

      Only trouble is the label is only giving an advance (i.e. a loan) so in reality you will probably only see a tiny return or even be in debt, even after any nominal royalies, because so much gets sucked up as "expenses"! Wise up, even top 10 artists can be poor!

    5. Re:No surprise by Short+Circuit · · Score: 4, Insightful

      The best music and software tends to be funded by culture, not money.

    6. Re:No surprise by webbroberts · · Score: 5, Informative

      If you really care about making money, then you definitely want to avoid the industry contract.

      Steve Albini published an excellent rundown of how the industry screws signed bands. In summary:

      The Balance Sheet: This is how much each player got paid at the end of the game.

      Record company: $ 710,000
      Producer: $ 90,000
      Manager: $ 51,000
      Studio: $ 52,500
      Previous label: $ 50,000
      Agent: $ 7,500
      Lawyer: $ 12,000
      Band member net income each: $ 4,031.25
    7. Re:No surprise by smcdow · · Score: 5, Informative
      As the leader of a small-time garage band, I would LOVE to have a label come along and "exploit" us with a five-year, multi-million dollar record contract, even if it meant seeing every (crappy) song I ever wrote locked down by eeeeeevil DRM layers.

      You have no idea what you're talking about. I know bands (I live in Austin, of course I know bands) that have not only didn't make money on their contracts, but ended up in debt to their record companies. The record companies charge their "expenses" to the band. Bands get a "statement" every month showing all the details and transactions, and the band has to arrange to repay any negative balances on the statement. The record company can use this to blackmail the band -- like not releasing an album and locking down the masters so that the band couldn't release the album under any circumstances. It's all legal because, well, the band signed the contract.

      Word to the wise: If you do get a record contract, and your AR guy shows up one day to "take you out to lunch", just simply decline. Otherwise, you'll be the one paying for lunch, 'cause they'll just charge the band for a lunch "expense". It'll show up on your next "statement". Especially if you were signed by a major label. True story.

      --
      In the course of every project, it will become necessary to shoot the scientists and begin production.
    8. Re:No surprise by aug24 · · Score: 4, Interesting
      Actually my best friend's father is an excellent independent singer songwriter See here, so you're definitely right that it can be done, but it's only feasable if you dare take it up as a full time career with all the risk. He gigs full time (to packed audiences, he's really good), to keep his sales up.

      But to make real money, or do it without the risk, it's the cartel or nothing.

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
    9. Re:No surprise by Registered+Coward+v2 · · Score: 3, Insightful

      The best music and software tends to be funded by culture, not money.

      So I guess that leaves Mozart and Handel out of the best category.

      Sure, there're artists who never make money and produce great art, but there's alot that's driven by money and recognition that's great as well.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    10. Re:No surprise by Golias · · Score: 3, Interesting

      That was merely a light-hearted joke, followed by an honest question, not flamebait... but since there are some moderators out there acting like asses, I will fight fire with fire. I've got Karma to burn. Re-posting my currently -1 comment at 2. Mod me down, and I'll just do it again:

      I imagine you could make 30-50,000 a year between sales of your music and merchandise and show tickets, if you had a decent content delivery system and you kept putting out good music the money would keep flowing in.. Just so you know i am also an indie rocker, and no, i wouldnt sign a contract with the RIAA...there ARE better ways, if youa are good and love the music you CAN make a living without being a whore.

      Yeah, but then I would have to put the effort into making good music. I just want to force feed the crap I'm making now into the public conscious, become wealthy, and act like a total ass for the rest of my life.

      So, do you make 30-50K per year as an indie artist, or are you just "imagining" that you can?

      --

      Information wants to be anthropomorphized.

    11. Re:No surprise by Golias · · Score: 3, Insightful

      Wise up, even top 10 artists can be poor!

      iTunes current top 10 downloads:

      1. Cry Baby / Piece of My Heart
      Melissa Etheridge & Joss Stone
      2. Switch
      Will Smith
      3. Since U Been Gone
      Kelly Clarkson
      4. Boulevard of Broken Dreams
      Green Day
      5. Rich Girl
      Gwen Stefani & Eve
      6. Mr. Brightside
      The Killers
      7. Candy Shop
      50 Cent
      8. One, Two Step
      Ciara featuring Missy Elliot
      9. Obsession (No Es Amor)
      Frankie J & Baby Bash
      10. Caught Up
      Usher

      Which of these "artists" are poor? Will Smith? Gwen Stefani? Usher?

      Won't somebody do something to help these poor starving artists out of their current plight!?

      --

      Information wants to be anthropomorphized.

    12. Re:No surprise by Ubergrendle · · Score: 4, Informative

      From a mid-90s interview with Neil Young on Canada's Much Music...

      Pop-tart interviewer: "How do you feel about the commercialisation of rock music? How do you feel when a Bob Dylan song is used to sell cars?"
      Young: "I hold no illusions. We lost. Long ago."
      interviewer:"Did you sell out?"
      Young:"Well, I'm here on your show..."

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
  4. Forces upgrade by danbond_98 · · Score: 5, Informative

    Which of course requires that everyone upgrade their itunes to version 4.7. Apparently you can still use PyMusique to preview tracks, just not buy them.

  5. What did Apple "just release"? by DavidLeblond · · Score: 5, Informative

    iTunes 4.7 has been out for a year now. Apple didn't "just release" anything, they just made it so their servers required you to have 4.7.

  6. Re:Who exactly... by crimguy · · Score: 5, Informative

    Good question. Unfortunately, Apple will require the upgrade for continued use of the iTMS.

  7. Is it a fix or a patch? by bigtallmofo · · Score: 4, Interesting

    From the original story:

    He explains that his program works by bypassing iTunes which adds the DRM itself at the end of the transfer.

    I don't think it would be trivial to change the time that they add the DRM. So, is this a true fix that won't be broken again quickly? Or is this just a small patch that changes something just significant enough to break the Pymusique application?

    --
    I'm a big tall mofo.
    1. Re:Is it a fix or a patch? by siriuskase · · Score: 4, Insightful

      It appears that they ask the application to identify itself and if it isn't iTunes 4.7, it won't download. Sort of reminds me of those websites that checked to make sure you were running IE. That led to other browsers acquiring the ability to misidentify themselves. If that's so, it'll only take a week.

      Now what we need is for Slashdot to verify that the user isn't someone who's going to run off and tell Apple.

      --
      If you must moderate, please moderate as irrelevent, not something bad, because I'm sure someone will find this interest
  8. Believe it or not, Apple's DRM doesn't bother me by Anita+Coney · · Score: 5, Insightful

    Considering you can burn Apple's song on CD and get rid of the DRM, who cares.

    What I'd love is a way to download songs from Apple in a non-lossy format! If DVD Jon could do that, I'd give him a lifetime of gratitude!

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  9. So then.. by TheVampire · · Score: 5, Insightful

    ..someone just releases a patch to PyMusique so that it looks like version 4.7 of ITunes to Apple's servers...
    and the endless game continues....

  10. Want a hole fixed? Publish to Slashdot! by unsung · · Score: 5, Interesting

    Seems that Slashdot has become the standard bug-report mechanism across numerous OS's and companies.

  11. Apple bias. by northcat · · Score: 5, Informative

    It didn't plug a "hole". It modified things so that PyMusique won't work anymore. Like they did with Real.

  12. It plugs the hole, but unfortunately... by Weaselmancer · · Score: 4, Funny

    ...it requires you place a wad of chewing gum in the headphone jack.

    --
    Weaselmancer
    rediculous.
  13. Not really closed by Anonymous Coward · · Score: 5, Insightful

    Of course the only change that Apple has made is to require iTunes 4.7 as the client. How long before someone figures out how to make PyMusique look like iTunes 4.7?

    And as long as they are sending un-DRMd songs down to the client they are suceptible to man in the middle attacks (a proxy server which watches for iTMS traffic and saves the song streams to another file), or to someone directly pulling data out of the iTunes app (though the second would arguably violate the DMCA).

  14. Exploit? by Anonymous Coward · · Score: 3, Insightful

    How was being able to PURCHASE something in a form that the user actually wanted an exploit? A bug that would allow someone to gain access to Apple's servers, or to steal information, or - for that matter - to steal songs without paying - all of those would be exploits.

    1. Re:Exploit? by Secret+Agent+99 · · Score: 3, Interesting

      How was being able to PURCHASE something in a form that the user actually wanted an exploit?

      How is circumventing the seller's terms and obtaining the goods in a form not intended for sale not an exploit?

      Here's an idea: go to a restaurant with your favorite mug. Walk into the kitchen, ladle some soup into your mug. On your way out, leave the price of a bowl of soup on the counter. See what happens.

  15. Re:Believe it or not, Apple's DRM doesn't bother m by Golias · · Score: 5, Interesting

    I'm with you. I would cheerfully pay an extra ten cents (or so) per song and put up with the longer download times if I had the option to get iTMS stuff encoded with either FLAC or the "Apple Lossless Format."

    In fact, I'm going to send an e-mail to the iTMS sales support folks saying exactly that, and I suggest you do the same.

    --

    Information wants to be anthropomorphized.

  16. Re:Believe it or not, Apple's DRM doesn't bother m by mccalli · · Score: 4, Interesting
    What I'd love is a way to download songs from Apple in a non-lossy format!

    What I'd like to see is iTunes to have a 'compress when copying to portable' option, and then have Apple sell lossless.

    I don't mind wasting the gigs for lossless on my desktop, but I would object to wasting them on my 1st generation 5Gig iPod. Allowing this option would let me store the master copies at home, but still carry a fair amount of them around portably.

    Cheers,
    Ian

  17. Shift by trueguru · · Score: 5, Funny

    Maybe you just hold the shift key down when you download

    --
    for crying out loud
  18. You'd be screwed too by jocknerd · · Score: 4, Insightful

    If you think that you would be signing a big fat contract with the music label, you're just as dumb as most of the artists out there. What you would be signing is a loan. You would be at the record labels mercy. Believe me, you are better off now. At least you don't owe the music labels anything.

  19. Re:Believe it or not, Apple's DRM doesn't bother m by k_187 · · Score: 4, Interesting

    There's already an option for that for the ipod shuffle. I'd imagine that there's some way to either enable it for other ipods, or bug apple enough that they'll add it for other ipods like they did with the shuffle music and other options for the 4th gen ipods.

    --
    11 was a racehorse
    12 was 12
    1111 Race
    12112
  20. Re:Wouldn't that be crossing the line? by Anonymous Coward · · Score: 5, Insightful

    Misrepresenting software to get around the DRM could be interesting legally. (Yes, I know browsers can do this -- but not to avoid DRM.)

  21. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  22. so hymn no longer works then... by mzs · · Score: 3, Insightful

    I wonder how happy all the Hymn and J-Hymn users out there are about what DVD Jon did. By releasing PyMusique, he got Apple to force everyone to use 4.7 iTunes if they want to use the iTMS. I believe that 4.7 broke Hymn and unless that has been addressed, now people will no longer be able to remove the DRM from music that they purchased from the iTMS.

    What happened was fine, nothing to get your knickers into a knot about. When you buy music with DRM you are agreeing to use it according to the terms set forth. One of those terms is that you agree to how the terms may change in the future. That is why I do not buy music with DRM, the fact that what I can do with that music can change at any time.

    It is too bad that the Apple DRM happens to be one of the least onerous and DVD Jon gave Apple a reason to make people move to slightly more restrictive terms with 4.7, but still just the fact that Apple can modify what you can and cannot do with the music from the iTMS is an immediate turn-off for me.

    1. Re:so hymn no longer works then... by the_2nd_coming · · Score: 3, Informative

      jHymn addresses that. what Hymn did not do was remove the uid atom and some other atom that when iTunes saw them, it would not play the song. removing the atoms makes iTunes blissfully unaware.

      --



      I am the Alpha and the Omega-3
    2. Re:so hymn no longer works then... by ndvaughan · · Score: 5, Informative

      I just upgraded to iTunes 4.7.1 (after Apple released their "fix"), bought and downloaded a two tracks, and used j-hymn 0.7.5 to convert them. It worked flawlessly.

  23. FLAC support would be even better by swb · · Score: 3, Interesting

    I'd prefer to see FLAC support in iTunes. I know its probably not something they'd support on the iPod, but a lot of live sets are offered in FLAC format and it'd be great to be able to import the FLAC files directly into iTunes and only convert them to MP3/AAC if I wanted them playable on the iPod.

  24. So this is what we come to by CastrTroy · · Score: 3, Insightful

    So, the music executives have forced DRM on Apple and so they have to provide it in their files. But they aren't really doing anything. Basically the DRM is to prevent files from being just put on Kazaa and spread around the world. Yet, the DRM doesn't really stop this. There's still the burn and re-rip strategy which is quite effective, as well as the "buy a CD method" which is also effective for getting files onto the internet. The only thing this does stop is file which the person has purchased being accidentally leaked on the internet by some hard-drive scanning P2P program. Anybody who still wants to distribute their purchased music can still do so. All it stops is people who don't want to share their purchased music from sharing it unintentionally.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:So this is what we come to by dant · · Score: 4, Informative
      So, the music executives have forced DRM on Apple and so they have to provide it in their files.

      Please stop perpetuating this myth. Apple have publicly stated that they would continue to use DRM even if the music labels didn't ask them to.

      FairPlay is about stifling competition as much or more as it is about protecting copyrights.

  25. Re:Imagine.. by sh00z · · Score: 5, Insightful

    Sort of. He could only have violated the TOS if he had agreed to them through the iTunes EULA. Since this program wasn't using iTunes, the Terms of Service weren't invoked.

  26. Good for them by CheeseTroll · · Score: 3, Insightful

    For so long, one of the more legit arguments for downloading music via p2p was that music publishers gave customers no other options other than to purchase an entire, overpriced CD when all a person wanted was one or two songs. Now we have a multitude of options for buying music pretty damn inexpensively online with a very reasonable implementation of DRM, and some people still want to jump through hoops to cheat the system? For god's sakes, write your own music if you're that cheap!

    --
    A post a day keeps productivity at bay.
  27. Re:Imagine.. by Marran+Gray · · Score: 3, Insightful

    I'm not speaking strictly from firsthand analysis, but it doesn't look like the hymn developers are violating the ToS. hymn is a tool that performs certain operations on standard data objects (mp4 atoms). Actually using it on music files you bought from iTMS is a ToS violation... by the user. You can maybe make arguments about the "intended purpose" of hymn, but that's a much more complicated issue.

    Incidentally, as much as I dislike DRM and will probably never buy any DRM'd music (it just feels unclean), I have to second Quasar's post: Apple could have gotten their legal action on, and they deserve credit for instead doing what they did. You can't even really fault them for trying to "pull the rug" via undocumented software changes; aside from the fact that such is really standard industry practice (laugh), iTunes and iTMS belong to Apple and can be changed at their will. (This lock-in is the cause of my first objection to DRM in general, but that's a separate argument.)

    --
    "There are hundreds of game theorists at the gates, sir, and they want to hold an election!"
  28. You guys don't own the music you are buying by Anonymous Coward · · Score: 3, Informative

    You are (and always have) bought a license to use a copy, and the rights you have on how you can use that copy are limited.

    You do not have, for example, distribution rights.
    You cannot buy a copy of a movie or song and then broadcast it. That requires a different type of license.

    You do, however, have your fair use rights, which, I agree, are being eroded and trampled upon. Sure, we can just burn to CD and then rip the MP3s back to get rid of Apple's DRM, but using any technique to bypass DRM or copy protection is a Federal Offense (tm) via the DMCA.

    So all this bitching and whining about how YOU can't do what YOU want with YOUR music is drek. When you go produce your own music, then it's really YOUR music to do with what you want, and you can philanthropically hand it out on a web at your own expense all you want.

    But you are buying a license from somebody with this stuff, and that license clearly delineates what rights do and do not come with it. If you don't like it, then don't friggen buy it.

    You're like the people who bitch about gas prices going up but keep driving your cars. Or even worse - the people who plan a one-day "drive-out" where NOBODY BUYS GAS! That'll show those evil oil companies! That'll MAKE them listen!

    1. Re:You guys don't own the music you are buying by lantenon · · Score: 3, Informative

      I don't mean this as a troll, it's an honest questioning of the often-touted belief that what we're buying is a license to use the "information" (ie: listen to the CD):

      If I'm buying a license to use it (in this case, the cd), and not actually buying what's on the item itself (the music that's stored on that cd), why can't I take my cracked CD to a CD store, pay a nominal materials fee to cover the cost of re-burning, packing, shipping, etc. this new CD, and have my broken one replaced? I have, after all, already purchased the rights to listen to the CD -- it's just that my physical medium has been destroyed. Isn't a complete disregard for the physical medium, and instead a focus on the right of the user to make use of the product, what's being focused on in arguing that it's a license for use, and not a license of ownership?

      I'd appreciate anyones responses to that, legal, philosophical, or otherwise. I believe that some software companies offer this option, but I've never heard of the RIAA offering to replace broken cd's.

  29. I just don't get it by Fahrvergnuugen · · Score: 3, Insightful

    Walking into a brick and mortar building and purchasing a good old fashioned CD is still a method for getting music. And it doesn't have a DRM attached to it. So why does everyone insist on attaching a DRM to purchased music files? How are they different than the physical CD? A physical CD takes me less than 3 minutes to either rip into AAC or make a physical copy and pass around to whomever I please. Putting a DRM on things is just like saying, PLEASE, TRY AND HACK ME. Its no different than telling kids that they can't drink until they're 21. If you don't make a big deal out of it, neither will they (look at countries that don't have a drinking age for example). On top of that, we all know that DRM is a useless technology. You give the person an encrypted file AND the keys to open it. Wheres the security? And now for the honer system theory.... If it were made blatantly clear when you purchased a song from the iTMS that YOUR NAME and ACCOUNT NUMBER were embedded into the file (just like a license plate on a car), I would certainly think twice about sharing that file on a P2P network. At the same time I would have an unlocked unrestricted file to do as I please with.

    --
    Kiteboarding Gear Mention slashdot and get 10% off!
  30. Parent is insightful? The mods are on crack! by Frodo+Crockett · · Score: 5, Insightful
    I would prefer that a few bad DVD John-like people not ruin it for me.

    WTF? Last time I checked, all Jon (there's no 'h' in his name) wants to do is watch dvds and listen to music purchased via iTunes on his Linux box. What Jon has done is indeed illegal in some countries (more extreme /. members would call them corporate states), but I don't think that any honest person can say it's unethical.

    It's really quite simple. If you buy something, you can do whatever the hell you want with it, so long as your actions don't harm anyone. Don't give me that "indirect harm" bullshit, either. I'd give you ground if we were talking about releasing the plans for building an antimatter bomb, but not for something so inconsequential as circumventing DRM and copy protection.

    --
    "The newly born animals are then whisked off for a quick run through a giant baking oven." --heard on Food Network
  31. Is DVD Jon ruining it for the rest of us? by razmaspaz · · Score: 3, Insightful

    I'm wondering what the reactionary response to this will be.

    In high school (a long long time ago) a friend of mine got a -3 on a question on a test. The girl sitting next to him got a -1 on the same question with a near identical response. He complained and the situation was resolved by giving the girl a -3 instead of a -1.

    My point, instead of raising awareness of the stupidity of the law and making it better for the rest of us...will DVD Jon just ruin it for us? Will his escapade just serve to make DMCA laws worse? Will the RIAA use this to show that DMCA laws are not tough enough?

    --
    I tried for 5 years to come up with a clever sig...only to realize that I am not clever.
  32. It's not that simple by metamatic · · Score: 3, Informative

    ...the truth is that the "loan" for studio time comes out of your future cut of the profits, and if none exist you simply walk away.

    Sure, if you don't mind your musical career being over.

    See, the big labels put in an exclusivity clause. Sure, you can "simply walk away", but you can't then release music commercially, even as part of another band, until you've paid them back what you owe and they've given you permission to record for someone else, or the duration of the contract you signed has expired.

    And that's not the worst of it. It's not necessarily you who gets to decide whether to "simply walk away"; the record label can decide that it's not going to bother releasing anything you record, but you're still under contract and can't record for anyone else.

    I know a couple of musicians who got fucked that way. They signed with a major label (Polygram). After a couple of singles, the label decided the musicians hadn't been profitable enough, so nothing more would be released. However, they couldn't go back to their indie label, because they were under contract for the next 8 years. So, that was the end of their musical career as artists; they worked as producers for a while, then found jobs outside the music industry.

    I guess if all you care about is making money, and you don't mind your musical career ending totally if you fail to make big bucks, then a major label contract would seem like an OK deal.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  33. Re:MOD PARENT UP! by Sanity · · Score: 4, Interesting
    It's so plain and simple. You can pirate all the music you want (just make sure you cover your tracks). But don't assume that piracy is your natural given right.
    Fair use is my right, and it isn't piracy. You should really learn the difference if you are going to try to participate in these discussions.