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Congress Ponders Opening up iTunes DRM

hammeredpeon writes "Congress is debating whether or not to require that music shops keep their DRM open for interoperability. Apple wasn't present at the hearings, but Napster's CEO was, arguing that the market should make the decision about interoperability. Considering that previous standards (FireWire/USB, Betamax/VHS) have been decided by the market, could it be that Apple isn't big enough to keep the government out of its industry?"

610 comments

  1. Are they for real? by TripMaster+Monkey · · Score: 5, Insightful
    From the article, here's a quote from the chairman of the subcommittee, Lamar Smith:

    "This interoperability issue is of concern to me since consumers who bought legal copies of music from Real could not play them on an iPod."


    <sarcasm>
    I know exactly how he feels...just the other day, I bought a game that was made for the Xbox, and found that I couldn't play it on my PS2! Can you imagine???
    </sarcasm>

    This is unbelieveable. Does Congress truly have nothing better to do?
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:Are they for real? by Anonymous Coward · · Score: 2, Funny

      Somehow, I don't believe Mr. Smith 1.) Owns an iPod or 2.) downloaded music from real

    2. Re:Are they for real? by Anonymous Coward · · Score: 0

      I was thinking the same thing as I tried to jam my copy of Atari 'Tank' into my dvd drive.

    3. Re:Are they for real? by truesaer · · Score: 5, Insightful
      Your analogy is all wrong. The xbox and PS2 are completely different architectures...there is no way you could make them interoperable without a complete emulation.


      On the other hand, the iPod and other players are all capable of players all the same formats. AAC is an open standard, Fairplay is not. So it is an artificial limitation that I oppose.


      What this is really quite similar to is region encoding on DVDs. 100% bullshit artificial restriction.

    4. Re:Are they for real? by Onan · · Score: 1

      Perhaps they were happy with their last project meddling in trivia that's none of their concern. That stunt wore off after the feeding tube had been out for a couple of weeks, but and aide probably handed someone a Dvorak article claiming that Apple is in similar shape.

    5. Re:Are they for real? by Anonymous Coward · · Score: 0

      Having a single company govern the entire music experience from hardware to OS to DRM is better than that when multiple companies try to do so. How do I know? The industry has spoken and the industry chose Apple's product instead.

      This is something that should be left to the industry to decide.

    6. Re:Are they for real? by minus_273 · · Score: 4, Interesting

      "What this is really quite similar to is region encoding on DVDs. 100% bullshit artificial restriction"

      well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok. It helps prevent a situtation like windows where it is charged similiar prices everywhere and that leads to more priacy

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    7. Re:Are they for real? by Anonymous Coward · · Score: 1, Insightful

      1. That was hardly "trivia"

      2. That is actually an example of them *not* meddling.

    8. Re:Are they for real? by BondGamer · · Score: 1

      How about not being able to play DVDs from other areas of the world because of the stupid Region limitations? It is basically the same thing.

    9. Re:Are they for real? by Anonymous Coward · · Score: 0

      What the hell - this isn't Apple's problem it's Microsoft's! Apple COULD play WMA (probably what was purchased from Real) but Microsoft's not licensed it to Apple... The fact that Apple's iTunes uses Fairplay isn't used in this scenario!

    10. Re:Are they for real? by sgant · · Score: 5, Insightful

      Yeah...um...where's my fucking healthcare and retirement programs? How about have a subcommittee on wrangling these gas prices in?

      No no...steroids in baseball and making sure your MP3 player can play songs from iTunes...yep, that's MUCH more important. Oh, also there's this other idiot...oops, congressman, that wants people who violate on-air decency laws thrown in jail. Yes, actual jail time for saying "fuck" on TV or radio.

      (starts looking through his brochures on moving to New Zealand)

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    11. Re:Are they for real? by macdaddy357 · · Score: 3, Insightful
      While I can't abide Real, everything they produce is full of spyware, I also detest any form of DRM. It disrespects customers' personal property rights after a sale.

      I advocate not buying from companies that use DRM, and have hoped to see some kind of legal action taken against them, but I don't trust Congress in this case. They are essentially the same Congress that passed the DMCA and the Sonny Bono CTEA, two horribly pro-corporate and anti-consumer laws.

      This will probably degenerate into who can offer fatter bribes: Apple or Real and Napster.

      --
      How ya like dat?
    12. Re:Are they for real? by MankyD · · Score: 4, Insightful

      Just because they're capable doesn't mean they should do it. That's up the manufacturer. While I would love interoperability, this isn't up to the government to decide.

      --
      -dave
      http://millionnumbers.com/ - own the number of your dreams
    13. Re:Are they for real? by Uber+Banker · · Score: 1

      I agree, perhaps from a slightly different perspective:

      If a music device producer market their device as interoperable and it isn't in a large propertion of cases then they should be liable to refund consumers they deceived and open up or change their marketing.

      Likewise, if an online service promoted themselves on grounds that they provided music that could be used in most devices but couldn't then they should be similarly liable.

      Both the above cases are deception: fraud.

      But if all is out in the open from a marketing perspective: If Real promote their store as working in most music players (when the iPod is clearly the dominant music player) then Real are acting dishonestly. If Apple bar the iPod from accepting Real files when they previously could (which consumers bought then for) or is Apple barred Real format files to promote a monopoly position which will be likely to turn out to be uncompetitive for their store they should themselves liable.

      There's an interesting difference in perceptions of competition law between the US/Europe here: The US are much more likely to be anti-horizontal monopoly, while the Europeans look at vertical monopolies much more.

      I have no idea what the legal case in 'real life' is, the above seems to make sense to me. I recommend allofmp3.com: mp3s/oggs/FLACs at a reasonable cost.

    14. Re:Are they for real? by AstroDrabb · · Score: 3, Insightful
      How do I know? The industry has spoken and the industry chose Apple's product instead.
      The "industry" picked the Apple iPOD because it is a very nice looking device. It doesn't haven any more capabilities than most of the competition. The "industry" did not pick Apple's restrictive DRM. The "industry" or better the consumers, do _not_ have a choice with the iPOD on what store to purchase from.

      I tell you what. Why don't we get Apple to do a little experiment? Apple can have their iTMS offer every song in either their restrictive DRM encrusted AAC format, or a non-DRM'ed MP3. See what format sells more. That would be the industry "speaking".

      People _want_ to be entertained. They want to hear music, they want to see movies. If I made a great movie but only offered it under _very_ restrictive formats, there would still be a lot of people who buy it. Not because they "support" or "accept" my restrictive format, but because they wanted to see a very good movie and be entertained. I will bet any amount of money that if I also offered my great movie under a non-restricted, non-encumbered format, that the non-restricted format would dominate sales.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    15. Re:Are they for real? by Anonymous Coward · · Score: 0

      I'm already going to NZ.

      Maybe they'll have to change their immigration policy...

    16. Re:Are they for real? by Knobby · · Score: 1

      Actually, it may be very similar because Apple is not licensed (by the recording industry) to sell music in many countries. It could be argued that Fairplay is being used to sell only to those individuals with a credit card issued by companies located in a countries that they're (Apple) licensed to sell music within. I admit, it's a weak argument, but it may be enough..

    17. Re:Are they for real? by Anonymous Coward · · Score: 0

      you do realize congress has many, many members, and many many committees.

    18. Re:Are they for real? by Anonymous Coward · · Score: 0

      horribly pro-corporate

      Don't forget that that CPU in your computer was manufactured in a $2-$3 billion fabrication plant. Think about that every time you make a remark about "Teh CORPORATIONS".

    19. Re:Are they for real? by dreamer-of-rules · · Score: 1

      It's in Microsoft and Walmart's best interest to break up Apple's hold on this market. They got lotsa money to throw at congress-critters.

      For myself, I'm torn between loyalties to Apple (grow, Apple, grow!) and hating DRMs.. In case, loyalty wins.

      --
      Everyone is entitled to his own opinions, but not his own facts.
    20. Re:Are they for real? by Knobby · · Score: 4, Insightful

      The alternative to the Fairplay encoded files sold on iTMS is the WMA encoded audio tracks sold on Napster (or Walmart and by Real). The recording industry will not allow Apple, Napster, or anyone else to sell unrescricted, unencumbered digital music, so your argument is really moot. If congress tells Apple (and the rest) to open up their DRM schemes the RIAA may pull the plug on the whole thing.

    21. Re:Are they for real? by lowrydr310 · · Score: 4, Insightful
      It doesn't haven any more capabilities than most of the competition. The "industry" did not pick Apple's restrictive DRM. The "industry" or better the consumers, do _not_ have a choice with the iPOD on what store to purchase from.

      The iPod may not have more capabilities than the competition, however I doubt most people bought it just because it is nice looking. There are many other nicer looking MP3 players, the iPod just happens to have an excellent interface AND it is more heavily marketed than any other player. If you're really concerned about being able to buy your music from various online stores, you should seriously consider this before you buy your player (though I must admit that I don't recall seeing anything in the iPod marketing about not being able to play music from napster or real's stores - you'd have to read the specs of napster, real, and the iPod itself to deterime they're not compatible)

      Apple can have their iTMS offer every song in either their restrictive DRM encrusted AAC format, or a non-DRM'ed MP3. See what format sells more. That would be the industry "speaking".

      The industry is 'speaking' now with the current setup. If enough people were bothered by protected AAC, then iTunes wouldn't be so popular. I have an iPod, and I don't buy from iTunes because I have another player that doesn't support AAC. I'd rather buy an entire CD and rip the tracks to MP3 so they work with both players (with the added bonus of being able to keep the physical CD in my car).

    22. Re:Are they for real? by Fulcrum+of+Evil · · Score: 2, Insightful

      What this is really quite similar to is region encoding on DVDs. 100% bullshit artificial restriction.

      But I'll bet there's no Congressional inquiry into that one, no sir.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    23. Re:Are they for real? by Anonymous Coward · · Score: 0

      I, for one, welcome our new Kiwi overlords...

    24. Re:Are they for real? by Fulcrum+of+Evil · · Score: 2, Informative

      I tell you what. Why don't we get Apple to do a little experiment? Apple can have their iTMS offer every song in either their restrictive DRM encrusted AAC format, or a non-DRM'ed MP3. See what format sells more. That would be the industry "speaking".

      So, you are proposing that Congress unilaterally modify a license agreement between Apple and the major labels? Because that is exactly why they use DRM - the labels will not allow non-DRM music to be sold.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    25. Re:Are they for real? by necrognome · · Score: 1

      Which one of the two consumers complained? We can send them a free iPod.

      --


      Let's get drunk and delete production data!
    26. Re:Are they for real? by Total_Wimp · · Score: 5, Insightful

      Not necessarily true. The government decides all kinds of interoperability standards for infrastructure. TV, radio, transportation and finance all have strict interoperability requirements in order to serve the greater public good.

      The only thing I don't like about this is that they're picking on the little guy before requiring interoperability from the big boys. Why the hell doesn't the Monopoly we call Microsoft have to meet interoperability standards for their business critical Office software? By comparison, digital music is small potatoes.

      TW

    27. Re:Are they for real? by CrackedButter · · Score: 3, Insightful

      When I buy songs for my ipod I can use more than 1 store. Here they are: Itunes, Bleep, HMV, Virgin musicstore and amazon sells music as well. All work with no problems.

    28. Re:Are they for real? by cartel · · Score: 0

      Xbox games are made for Xboxes...PS2 games are made for PS2...artists who make music do NOT make it for a specific device.

      So I should be able to download music from iTunes and play it on any MP3 player I have, iPod or not.

    29. Re:Are they for real? by KenBot_314 · · Score: 3, Interesting

      Actually, I liked the GP analagy...

      If I buy GTA3 for one console, why should I have to buy it for any other console or pc I want to play it on?

      It is the same argument of VHS vs DVD. If I own a VHS copy of a movie, it really bugs me that the movie industries want me to pay them again for THE SAME MOVIE!

    30. Re:Are they for real? by wankledot · · Score: 4, Interesting
      I take issue with the idea of any limitation being "artificial" vs. "natural" when it comes to digital media. If a company designs a solution to be restrictive... then it's restrictive. It doesn't matter if it's because of a huge architecture difference, or some kind of subtle DRM.

      If the only difference between the PS2 and XBox format was a single bit on the DVD, do you think Either company should be forced by congress to change their bit so it can plan on someone else's machine?

      All limitations are artificial, unless there is some kind of naturally occurring audio format that grows on trees. (heh... tree... Apple... heh.)

      --
      My sig is blank, I typed this by hand.
    31. Re:Are they for real? by Anonymous Coward · · Score: 0
      The way I heard it from my father, New Zealand went around the UH engineering department, offering to pay people to move to New Zealand after they graduated. Only the white people were allowed to immigrate, though.

      I assume New Zealand has changed its policy but who cares, only a fuckwit would move there.

    32. Re:Are they for real? by Anonymous Coward · · Score: 0

      To all above replies,

      YHBT. YHL. HAND.

      - AstroDrabb

    33. Re:Are they for real? by Anonymous Coward · · Score: 0
      There already are subcommittees which deal with healthcare, retirement programs on gas prices, Google it. Only, they aren't considered interesting enough to make Slashdot or the front page of the news, and you aren't interested in digging any deeper.

      Which is exactly why newspapers will report pap like this - real news is too boring and you can't bluster on about it.

    34. Re:Are they for real? by gnomeproject · · Score: 1

      Don't move to New Zealand. We Aussies need all the room and sheep we can get over there for our retirement.

    35. Re:Are they for real? by Stolethis · · Score: 1

      though I must admit that I don't recall seeing anything in the iPod marketing about not being able to play music from napster or real's stores - you'd have to read the specs of napster, real, and the iPod itself to deterime they're not compatible

      I don't have to go to any of those sites when Wikipedia's entry on the iPod does it nicely enough. And I quote "The iPod does not support other DRM-protected formats (such as the DRM-protected version of WMA), so iPod users who wish to purchase DRM protected music online must do so through iTunes or circumvent the DRM of the files downloaded from the other store (which may be illegal). Music purchased from other online stores will not play on an iPod in protected form." While the iPod can play unprotected forms of music, there is no other major music service that either doen't use an encoding or uses DRM.

      --
      What do Saddam Hussain and Little Miss Muffet have in common? They have Kurds in their Whey.
    36. Re:Are they for real? by neilyos · · Score: 1

      and this is why all the mp3 player manufacturers are going out of their way to offer hardware support for AAC? can you name even ONE??

    37. Re:Are they for real? by Anonymous Coward · · Score: 0

      I bought a DVD-RW, and I was bummed that the idiot at Circuit City talked me into buying a 100-pack of DVD+RW discs to go with it.

      Will Microsoft then be forced to open up its new H.264 codec, WMA formats, etc.?

      What's fair for the goose has got to be fair for the black swan.

    38. Re:Are they for real? by Doc+Ruby · · Score: 3, Insightful

      Yes, a practice sometimes known as "restraint of trade", artificially dividing open markets for maximum profit, at the expense of consumer choice. A practice possible only for industry cartels, who can prevent anyone from entering the market with an unconstrained product. Which is exactly where the Congress is on duty, when they're American companies, or when the American market is affected, which it is.

      --

      --
      make install -not war

    39. Re:Are they for real? by Lars+T. · · Score: 3, Insightful
      This interoperability issue is of concern to me since consumers who bought legal copies of music from Real could not play them on an iMac.

      Scew you, Lamer Smith. Get Real to open up their store first before you open your potty mouth again.

      And that goes for you too.

      --

      Lars T.

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

    40. Re:Are they for real? by Anonymous Coward · · Score: 2, Informative

      Real uses neither FairPlay or WMA DRM. They use their own technology, HelixDRM.

    41. Re:Are they for real? by MerlynEmrys67 · · Score: 3, Insightful
      Please god...

      Keep the government out of my healthcare and retirement...

      Yeah - gas prices are way to low... Lets make sure and tax gas consumption more, maybe getting gas up to European levels (oh about 6 bucks a gallon)... Makes me glad I have a Prius instead of one of those gas guzzling H2s - and frankly living 3 miles from work doesn't hurt either... He He He

      --
      I have mod points and I am not afraid to use them
    42. Re:Are they for real? by SideshowBob · · Score: 4, Insightful

      It isn't a question of DRM vs. no DRM, its a question of 2 or 3 companies wanting to force Apple to allow them to encode FairPlay DRM'ed files. E.g. buy a song from Napster that has FairPlay and is playable on your iPod.

      You won't be getting plain old MP3s from any of the commercial downloaders.

      (notwithstanding the Russians, who apparently have a loophole in their laws)

    43. Re:Are they for real? by Anonymous Coward · · Score: 1, Insightful

      Your analogy is all wrong. The xbox and PS2 are completely different architectures...there is no way you could make them interoperable without a complete emulation.

      The Xbox is basically nothing more than a basic x86 PC. Why can't it play PC games?

    44. Re:Are they for real? by aristotle-dude · · Score: 2, Interesting

      How is this flamebait? This is a genuine concern for Mac users. We cannot playback either Real purchased songs or WMA store purchased songs on our macs.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    45. Re:Are they for real? by Ash-Fox · · Score: 5, Insightful

      There is interoperability, the iPod supports mp3s, so just serve the music in mp3 format. ;)

      --
      Change is certain; progress is not obligatory.
    46. Re:Are they for real? by JudgeFurious · · Score: 1

      No his analogy is so completely dead on right that you simply don't get it.

      There are games (many actually) which are available for the Xbox, PS2, Gamecube, PC, and Mac platform. These games are all pretty much the same game with the same name and mostly the same play experience. There may be some small differences due to the limitations of some platforms but essentially "Halo is Halo is Halo"

      Now if you own a PS2 but you go out and buy a version of the game you want for Xbox or the PC what do you expect to happen?

      --
      Appended to the end of comments you post. 120 chars.
    47. Re:Are they for real? by Drakonian · · Score: 1

      Huh?? iPod and all other players are capable of playing [sic] the same formats? Reallly!! I thought it might have taken specific hardware/horsepower for certain codecs... i.e. Ogg, WMA, AAC. I don't know of any chipset that plays all of these nor any player that is using this chipset. The iPod and other players are different architectures as much as Xbox and PS2 are different architectures.

      --
      Random is the New Order.
    48. Re:Are they for real? by JudgeFurious · · Score: 1

      It's music man, come on. The government needs to make sure that the important things interoperate. Your (or my) choice of mp3 players isn't one of them.

      Perspective people, please.

      --
      Appended to the end of comments you post. 120 chars.
    49. Re:Are they for real? by Ash-Fox · · Score: 1

      I make mine for minidisks ;)

      --
      Change is certain; progress is not obligatory.
    50. Re:Are they for real? by macdaddy357 · · Score: 1

      So, somehow I owe them for the benevolent gifts they have given me? I am a paying customer. They haven't given me a damn thing! Do you think it's good for us consumers when Congress does the bidding of corporations? Imagine if Congress had done IBM's bidding and killed all clone PCs? Even the cheapest one would still cost thousands of dollars. If they had coughed up more bribes, it could have happened. Imagine if Congress had done Intel's bidding and killed off AMD, and any other producers of Intel compatible CPUs. Their price would be astronomically higher, and their speeds much slower. When Congress does the bidding of one corporation against another one, consumers lose. Consider that!

      --
      How ya like dat?
    51. Re:Are they for real? by Anonymous Coward · · Score: 0

      s/protected/crippled/gim

      and that would be just about right.

    52. Re:Are they for real? by dr.badass · · Score: 1

      The "industry" or better the consumers, do _not_ have a choice with the iPOD on what store to purchase from.

      The iPod plays tracks downloaded from Magnatune just fine. There are other examples as well.

      If I made a great movie but only offered it under _very_ restrictive formats, there would still be a lot of people who buy it. Not because they "support" or "accept" my restrictive format, but because they wanted to see a very good movie and be entertained.

      The only way they have to voice their desires in the market is to buy or not buy. If they buy into the above example, it is because the desire for the film, minus the distaste for the DRM, is still worth enough to them. All else is unverifiable, untestable, even if it's commonly true.

      If DRM is really the only issue, why isn't Magnatune outselling iTunes? The selection, obviously. Magnatune sells a different product than iTunes. If you want major label stuff without DRM, you're out of luck, because it's not for sale anywhere. Your examples ignore the fact that not all music is equal in the eyes of the consumer.

      --
      Don't become a regular here -- you will become retarded.
    53. Re:Are they for real? by Anonymous Coward · · Score: 0

      No, but they're both fucktards (I believe that's the technical term) for putting that bit there.

    54. Re:Are they for real? by Skye16 · · Score: 2, Interesting

      Not all labels. Look at emusic.com ...

    55. Re:Are they for real? by darylb · · Score: 1
      ll you what. Why don't we get Apple to do a little experiment? Apple can have their iTMS offer every song in either their restrictive DRM encrusted AAC format, or a non-DRM'ed MP3. See what format sells more. That would be the industry "speaking".

      This isn't a battle between DRM or no DRM. In reality, digital music (and movies, etc.) is simply going to dry up in the absence of any way to protect content creators from wanton piracy of their work. (Who will make a $100 million film if 1 in 50 people pay to see it -- theater, rental, or purchased 'media' -- while the other 49 get some copy for which no money goes back to the creator?)

      Rather, the issue is precisely what kind of DRM should be used, and whether DRM formats should be 'open', i.e., usable by all players of the content.

      Realistically, I do think the industry will take care of this without government intervention, although there might be some betamax people out there -- those who buy into the wrong technology early.

    56. Re:Are they for real? by Thapa · · Score: 1

      It is the same argument of VHS vs DVD. If I own a VHS copy of a movie, it really bugs me that the movie industries want me to pay them again for THE SAME MOVIE!

      What you're describing is actually their business model. A new format means everyone has to buy their music/movies/etc. again. It's also the main reason for "special editions," and "digital remastering."

      They call this the "after-market," a whole new wonder of media distribution which was made possible by the Movie Industry's loss of the Sony/Betamax trial in the early 80's, and is the same market which they claim will be destroyed without DRM on music and a Broadcast Flag on television.

    57. Re:Are they for real? by drwav · · Score: 1

      For myself, I'm torn between loyalties to Apple (grow, Apple, grow!) and hating DRMs.. In case, loyalty wins.

      Congrats on having zero integrity.

      Why don't you just buy CDs and rip then to your iPod? You ever think of that? You don't HAVE to use iTMS.

      If you had any integrity that is what you would be doing. EXCLUSIVELY.

      And don't go bitching about cost, buy used, I gurantee you will beat the price of iTMS every time.

    58. Re:Are they for real? by Fareq · · Score: 1

      I'll bite.

      Suppose you make a $100 million film.

      Suppose that tickets cost $10.

      Suppose that 50 million people pay to see your film, and that 2.45 billion people all see copies without paying.

      You spend $100 million, you make $500 million, you end up $400 million ahead.

      You would refuse to make the movie because $400 million profit isn't worth having?

      (NOTE: I *am not* suggesting that illegal duplication of movies is good. I *am not* suggesting that there is no real decrease in movie ticket (or other) sales due to illegal duplication/distribution. (I believe there is some such loss -- but less than the MPAA claims -- but either way, whether there is or isn't is irrelevant to this post))

    59. Re:Are they for real? by AceaFox · · Score: 1

      It can, given an Xbox-Linux installation and the game in question having a Linux port..

      --
      Beware of the Leopard.
    60. Re:Are they for real? by BlueFashoo · · Score: 1

      www.emusic.com

      You won't find Brittany Spears there, but do you really care?

      --
      Nice Marmot
    61. Re:Are they for real? by Anonymous Coward · · Score: 0

      In the case of office documents it's more complicated. On the simple level there already is interoperability, ugly html, rich text, other older office documtent formats. On the complicated level, to add certain features, interoperability will need to be broken, and across different platforms, and for different needs, sometimes through third party and individual developers. And on this level, complete interoperability is an impossibility, and a limitation on the marketplace that is in contrevention of consumer's demands.

      With iPod's a fairplay, there is a universal standard that's being obscured, removing choice from consumers, in an effort to preserve marketshare. Does Microsoft do this. Yes. It's impossible to tease out what is necessary for richer office applications, and what they do to preserve and perpetuate their monopoly. And if it's unquantifiable in any meaningful way, prosecution is fruitless, and could only serve to stifle the innovation for everyone. It's important to note that in the case where Real reverse engineered Apples standards enough to make their own media play, apple released a "patch" who's primary purpose was to remove choice from consumers. Something that Microsoft has yet to do with Office.

    62. Re:Are they for real? by Anonymous Coward · · Score: 0

      You don't buy the content in a movie. You buy a physical copy. You own that piece of plastic. If you want to exchange it for another piece of plastic that has the same content but with different physical properties, gee, you gotta pay again! Makes sense to me.

      To take this to the extreme, say I buy a print of some famous piece of art, like the Mona Lisa. It's a nice poster and looks good framed on my wall. Now I decide I want an oil painted reproduction of it instead. Do you think I should have to pay again for that too, or should it be a free "upgrade"? Same content, right?

    63. Re:Are they for real? by Scudsucker · · Score: 1

      So I should be able to download music from iTunes and play it on any MP3 player I have

      Newsflash: the iTunes store does not have a single mp3 on it, so expecting the songs to play on your mp3 player would be rather dumb.

    64. Re:Are they for real? by Anonymous Coward · · Score: 1, Insightful

      They made a law for *one* person, applicable only to that specific case. And then they tried to apply it ex post facto. Not meddling my ass!

      We really need to go back to the days when people in congress had regular jobs and they only met when necessary. These days, it's a full time job and they're always looking for excuses to justify their existence by wasting yet more of our money.

    65. Re:Are they for real? by Scudsucker · · Score: 1

      Keep the government out of my healthcare and retirement...

      Yeah, we like it nice and expensive, and the managing companies to rip us off whenever possible.

    66. Re:Are they for real? by Anonymous Coward · · Score: 0

      But... but... Peter Jackson is from New Zealand! LotR was filmed there. Come on!!!!

    67. Re:Are they for real? by darylb · · Score: 1

      It's not just the filmmaker who has costs to recoup. Building, maintaining, and staffing a theater costs real money, especially when people prefer theaters with stadium seating, expensive sound and projection systems, good parking, etc. There's a reason pretty much all of the major theater companies are hurting right now: ticket prices don't cover all their costs. Most of them make their money on concession sales.

      Then there's the coattails effect, where the ratio of winners to losers tends to be small. It's easy to say to the $100 million bombs that the directors/producers should've made a better movie, but the reality is that the really popular movies subsidize many of the weaker films. There's a similarity to the pharaceutical industry here.

      And, finally, if you think $10 is too much to pay for a theater ticket, or $20/month is too much for your NetFlix/Blockbuster/Walmart rental subscription, etc., or buying the DVD is out of your budget, then don't see the movie. What entitles anyone to consuming the stuff for free? How much the director really profits isn't up to you. (I think professional sports salaries are out of control. I refuse to pay $100 per ticket to see pro football. Apparently, there are more than a handful of people who think otherwise. More power to pro sports in that case.)

    68. Re:Are they for real? by Doctor_Jest · · Score: 4, Interesting

      Exactly.... Why the hell is it such a big deal that Apple provide interoperability, when Microsoft snubs its nose at every company who wants to know about their FILE formats.

      This sort of double-standard is quite repugnant.

      We can't get Congress to do JACK SQUAT to punish the GUILTY AS SIN Microsoft Monopoly, but we can spend our time worrying that Apple's iTunes store won't allow other players in on the bonanza? So much for free-market government. It's only a "free" market if they're paying the politicians it seems.

      Even the Napster CEO has it right, and his company would stand to benefit from this... LET THE MARKET decide...

      Bah. Politicians just moved above child molesters on my list of people to kill first when I become supreme overlord of this planet. :)

      --
      It's the Stay-Puft Marshmallow Man.
    69. Re:Are they for real? by Koiu+Lpoi · · Score: 1

      Because a good amount of work went into making that game for other consoles. Architectures are completly different. People have to get paid (usually) to port software to other platforms. That's what you're paying for. If a piece of software runs on both your PC and your Mac, and you want your PC copy to run on Mac, does it immediatly? No. Although, I believe I just defeated my own argument by remembering when some Blizzard games came with both on the same CD. Still. You pay for the remastering/remaking/recoding. If you don't like it, don't pay for it. Nobody's forcing you.

    70. Re:Are they for real? by Total_Wimp · · Score: 1


      I respectfully disagree. Microsoft's patents of it XML technology limit it's interoperability for those not wishing to pay for licenses. I can certainly be argued that Apple is doing the exact same thing with Fairplay because they are, in fact, licensing it to third parties. Both are interoperable in the sense that it's _possible_ to gain access to the standard, but both are not interoperable in the sense that you have to pay a significant toll to do so.

      Your first paragraph, I believe, also gets it wrong for one small reason. Both Fairplay and Office can be made to be interoperable to everyone simply by publishing the standard and allowing anyone to use if for any purpose without a license. Opening the standard in this fashion does nothing to restrict features. Congress could easily require this type of open standard for all current and future file formats of any kind with greater than 50% market share and it would guarantee interoperability while allowing for unlimited innovation.

    71. Re:Are they for real? by Total_Wimp · · Score: 1

      Woops! Sorry about that link! It was ment to link from the word "patents" only.

      TW

    72. Re:Are they for real? by name773 · · Score: 1

      used CDs are great... say do you know of a good way to preview the whole cd? that's the only issue i have with buying music (in general, most places only let you hear a short clip).

    73. Re:Are they for real? by Anonymous Coward · · Score: 0

      Why is this modded a troll?
      Where else can you get a 40+ gig audio player?
      Thought so.

    74. Re:Are they for real? by cheesybagel · · Score: 4, Insightful
      Yeah, globalization for the corps, who get to use Indian and Chinese cheap labour, closed market for us, the consumers.

      Geez that is really fair.

    75. Re:Are they for real? by IANAAC · · Score: 2, Insightful
      Makes me glad I have a Prius instead of one of those gas guzzling H2s - and frankly living 3 miles from work doesn't hurt either...

      I think that's exactly the point. Raising prices might actually get some of us thinking about alternatives.

    76. Re:Are they for real? by Anonymous Coward · · Score: 3, Insightful
      "You fucking can't stand that Apple has dominated a market just by simply making the best product."

      Actually, I'd go even further than the grand-parent post did. I think the iPod domination is mostly marketing and hype. People want what is "cool", and the iPod is cool. I happen to think it's quite ugly. It's a rectangular mono-colour (typically off-white) box with two-tone LCD display. The iPod is as attractive as a music player as the standard grey-box case is to desktop PCs. That being said, I recognize that many other people think they are the most attractive thing they've ever seen. I just don't understand why.

      As far as the "best" product:

      The batteries can die after 1.5-2 years and cost $99+ to replace, plus you must send them in.

      The batteries only last about 6 hours before needing recharge whereas others can last much longer.

      Other players offer more choices in playable formats and sources.

      Other players have more and better capabilities such as high quality voice recording.

      There is a small but real chance of damaging the HD if you exercise with them too much. While this is true of any hard drive based player, Apple advertises it in use during vigorous exercise.

      They are a simple rectangular box, not ergonomically designed to fit a hand. OK, some people still find them very comfortable, but other players put more effort into being ergonomic.

      They are expensive for what you get compared to the competition.

      I was going to put links for each one, but a simple google search on "iPod problems" or specific problems above came up with so many results I think it's best to leave it up to the reader since it's so simple to find lists of problems with iPods.

      These are just a few areas where the competition is arguably better. I say arguably because these things could go on forever and I know there are people who think of them as one of their children. (I've seen a number of sites that refer to the "cult" or "church" of the iPod, which is too true.) It is not my intent to demonstrate that the iPod is not the best, only that it is reasonable to suggest they aren't the best, and objections to the iPod are not just from "dumbfucks" spouting garbage.

      As to the marketing of the iPod being a large factor, consider that the iPod has become a whole industry of accessories and services (AppleCare). Apple is hyping and milking it for all it is worth. It's not a product, it is a way of life they are selling, and people are joining the church in droves. Watch out for the Kool-aid at the iPod users group meetings.

    77. Re:Are they for real? by IANAAC · · Score: 1
      Newsflash: the iTunes store does not have a single mp3 on it, so expecting the songs to play on your mp3 player would be rather dumb.

      The iPod is heavily marketed as an MP3 player - that takes downloads from iTunes. It's only natural for people to make that connection.

      You can't selectively call the average user "stupid", yet expect them to sort different formats out.

    78. Re:Are they for real? by AlgUSF · · Score: 0, Flamebait

      Nothing like living in an entitlement society. I think the government should give me FREE healthcare and FREE retirement. The same people who are demanding "FREE" stuff from the government wouldn't dare go to their neighbor and ask for help. Our govt is already throwing away tons of my money on this crap. It's not my fault you fucked around when you were seventeen and had 4 kids, and now you can't get a professional job. IT IS YOUR FAULT AND I SHOULDN'T PAY FOR IT. USE FUCKIN' CONDOM YOU IDIOTS!

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
    79. Re:Are they for real? by dvdeug · · Score: 5, Insightful

      well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok

      Why is Europe and Japan in a different region from the US? And Australia in a different region from either of them? Furthermore, Australia is in the same region as South America and Mexico, which is quite a disparity in wealth. If it'd been to offer better prices to poorer regions, the US, Japan, Western Europe and Australia would all be in the same region.

    80. Re:Are they for real? by AlgUSF · · Score: 2, Informative

      I'm sure that there isn't a whole lot of fraud in our government programs. I know of at least a half-dozen people who are scamming the fuck out of Social Security, and Medicaid.

      --


      I want my rights back. I was actually using them when our government stole them after 9/11.
    81. Re:Are they for real? by amRadioHed · · Score: 3, Informative

      No, there are some things that are for damn sure artificial limitations. My definition of an artificial limitation is when the designer goes the extra mile to insure incompatibility. In other words, if it takes more effort to make your product incompatible then to make it compatible, it is an artificial limitation. Something like designing a DRM system to tack on top of otherwise standard mp3's so that other people can't use them, or region coding where only certain DVD players can play certain DVD's, those are artificial limitations and company's are greedy assholes for employing them.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    82. Re:Are they for real? by timeOday · · Score: 1
      Music compatibility is a no-brainer, a free way to benefit consumers and expand the overall music market. If it were up to business alone you'd probably be forced to fill up on Genuine Ford Gasoline (TM) at twice the price.

      There are many big, hard problems (like the ones you mention) that cannot be easily solved. This isn't one of them.

    83. Re:Are they for real? by GileadGreene · · Score: 1

      Since when was the iPod "infrastructure"?!

    84. Re:Are they for real? by Anonymous Coward · · Score: 0

      Keep shooting....I'm reloading.

    85. Re:Are they for real? by Anonymous Coward · · Score: 0

      The Congress could easily force NON-DRM-encumbered compulsory licensing of recordings on the music industry. Then it wouldn't matter what the RIAA liked or didn't like.

      Note that there is a compulsory licensing scheme in place for lyrics & melodies that the record companies take advantage of all the time.

    86. Re:Are they for real? by Andrew+Cady · · Score: 1
      If the only difference between the PS2 and XBox format was a single bit on the DVD, do you think Either company should be forced by congress to change their bit so it can plan on someone else's machine?
      Of course! Why on earth not? This would undoubtedly help many people, and its effect on the market would be only to limit monopoly; i.e., to increase competitiveness.

      I use the word "market" liberally since, of course, monopolies are not markets, but the precise opposite. There is absolutely no reason for Congress to refrain, ever, from preventing anti-competitive business practices, so long as it can be done effectively. In case it is unclear what this means: Congress has every reason, whenever feasible, to limit corporations from competing through making their competitors' products worse. Why should we allow Microsoft to profit from intentionally breaking Netscape's software? What market purpose does this serve except to lower the quality of web browsing for society?

      Once more: a market serves society only when companies increase the quality of their own products; this is competitive. A market only harms society when companies decrease the quality of their competitors' products; this is anti-competitive.

    87. Re:Are they for real? by sgant · · Score: 1

      While I look at my taxes this year, I'm reminded that anything we get from our government will NOT be free. I'm paying for it and so are you.

      Also, what does having 4 kids have to do with getting a professional job? Not that I have 4 kids.

      But as far as healthcare is concerned, I'm just looking how other places do it, that's all. Then I go down to the HMO that covers NOTHING. The only thing the HMO will cover is that if you're sick, at least you'll die in a bed. Change jobs for a better health care plan? Is that what we have to do to be covered?

      And at the same time I'm paying for these idiots in Washington to see if baseball players use drugs or that iTunes plays fair.

      Yep. That's "free" for ya.

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    88. Re:Are they for real? by larry+bagina · · Score: 1
      the movie distribution/theater business model is a little more complicated.

      Generally, the first week a movie is out, the theater gets 5-10% of the ticket price, the distributor gets 90-95%. Those percentages change as the movie ages, but most movies don't last more than 2-3 weeks. Occasionally there's a "Star Wars" or "My Big Fat Greek Wedding" or "Passion of the Christ" with a long lifespan, so the theater can make actually make money off the ticket sales.

      For most movies, the only profit source is overpriced concessions.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    89. Re:Are they for real? by Nikker · · Score: 1

      Just because Apple is enjoying some sun(so to speak) why is evreyone on thier back. This is capitalisim, is it not? America is the land of massive corporate comglomerates, right? Apple has had 2 or 3 years at the top of the mp3 player market. All the big companies we love to hate came about the same way, and now congress is raising a stink?

      A kid by the name of Bill once came up with a proprietary format and didn't let any of the others play. Now many of us here heard of him but congress hasn't done much but give mean stares. Now all the good little boys and girls can't run thier perfectly good video games on thier boxen. And sorry to tell you he is far from the only one

      Does that mean that they should voulantarily step down, or does that mean they have basically created a massive market, were the first ones there and are making some good money because of it. Is't that what its all about?

      And really I don't get what the problem is. Apple has DRM!! isn't that bad? Doesn't that mean you can't do certain things with it?

      You can get the same songs from Napster or who ever that you get from iTunes, its not like they are the only ones that have the music. The iPod can play MP3 format as well as ACC. So I don't get it.

      OOOOHHHHH I get it the other online music companies want in, but no one likes them. They like DRM too!! Napster only wants you to listen to music as long as your checks don't bounce, then they want your player to refuse to let you listen to your music. Maybe Sony's jealous that no one wants ATRAC or to buy memory sticks to buy their nice looking / working devices that break if you look at them too long?

      But what does this all have to do with AAC? Jealousy my friends its all about the jealousy.

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    90. Re:Are they for real? by ottothecow · · Score: 1
      I would look at it this way:

      The games are like the drm'd content and they choose to make them only work on that player (whether they just dont want to port or they have an exclusive deal). This is a pretty much accepted business practice.

      Now, all of the consoles do have some content they can share (think of this like the mp3's). They can play DVD's and Music CD's which are both essentially open standards (anybody can make a dvd and CSS isnt so strong)

      --
      Bottles.
    91. Re:Are they for real? by larry+bagina · · Score: 1

      let me get this straight.... you realize that social security is a fraudulent pyramid scheme and you'll never recover any of the money you "contributed" to it. Yet you want the same federal gov't to be in charge of health care?

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    92. Re:Are they for real? by Anonymous Coward · · Score: 0

      What a load of crap. NZ is one of the most racially tolerant countries in the world.

    93. Re:Are they for real? by wankledot · · Score: 1
      I agree in theory, but I would love to see how you think that Apple has been able to decrease the quality of a competitor's product in this case, I just don't see that.

      In fact, in my example, how would Sony or MS be affecting the quality of the other company's product?

      There's no monopoly here, and there's no market control by any one company. The fact that the iPod is popular does not make it a monopoly, likewise for the iTunes Music Store. If Apple didn't allow any other files except for ones purchased at the store, you might have half a leg to stand on, but that's not the case. The inability for other online stores to offer DRM-free downloads should not necessitate Apple changing its product do allow someone else to work with it. It would be better, sure, but it's not against the law in any way.

      --
      My sig is blank, I typed this by hand.
    94. Re:Are they for real? by banuk · · Score: 1

      that's true... imagine having to buy a TV for ABC and another for NBC

    95. Re:Are they for real? by FLEB · · Score: 2, Insightful

      There were some messages on the answering machine... some MP3 files from eMusic, Magnatunes, and a few others called to tell you you're wrong.

      And for those of you about to make the argument that "Yeah, but you can't get [song/artist/label]'s music on those services": Choose which you like more-- That particular music, or online delivery of unencumbered MP3s... just don't say you have no choice.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    96. Re:Are they for real? by FLEB · · Score: 1

      It's a wiki. Edit.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    97. Re:Are they for real? by MyDixieWrecked · · Score: 1

      actually, xbox disks have some extra data in the format that's not part of the filesystem. There's the filesystem and the executable data; not a .exe at the root of the FS, if I'm not mistaken.

      and #2, I don't think the OP was talking about the format of the DVD, but the format of the executable. There's different chips in either device, so different machine code and the executable formats are not the same (like in linux with elf binaries and regular binaries).

      --



      ...spike
      Ewwwwww, coconut...
    98. Re:Are they for real? by lousyd · · Score: 1
      This is unbelieveable. Does Congress truly have nothing better to do?

      Well, shoot. That whole crack-smoking baseball players thing didn't pan out, and there's gotta be somebody to vent on.

      --
      If aspiration is a virtue, achievement cannot be a vice.
    99. Re:Are they for real? by FLEB · · Score: 1

      I see your point, but there is the matter of the DMCA* disallowing the creation of third-party DRM cracks for non-infringing uses by customers who should have their first-sale rights*.

      It's all well and good for a manufacturer to make a difficult-to-break DRM system, even one covered by patents, if novel enough ideas are utilized, and use this to any advantage they can wring out of this. But, they should not have the legal control prohibit consumers or third-party developers to transform that bought-and-paid data or hardware to whatever personal use the customer may want.

      The ability to litigate your opponents away is not the basis of a "superior product".

      (* Non-USA readers may wish to add the phrase "in the US" or "or similar local laws" as applicable.)

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    100. Re:Are they for real? by FLEB · · Score: 1

      well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok. It helps prevent a situtation like windows where it is charged similiar prices everywhere and that leads to more priacy

      The product can be shipped, even imported and exported. Deal with it (in the product, not the courtroom) or get out.

      Although, for the most part, I agree with how the DVDCCA worked region encoding. They internally protected the region-control mechanism and CSS by way of legitimate patent and trade-secret control with strict licensing to manufacturers. However, that contraption failed, and illegitimate legal bandages were applied to try and stop the bleeding.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    101. Re:Are they for real? by dangitman · · Score: 1
      The Congress could easily force NON-DRM-encumbered compulsory licensing of recordings on the music industry

      Wouldn't that be contrary to the First Amendment? And if Apple has to do this - then wouldn't software vendors and DVD vendors also have to remove all copy-protection and DRM from their products?

      Why is this just about Apple? There have been DRM and licensing restrictions in software for many years. So why are they using Apple as a test-case?

      --
      ... and then they built the supercollider.
    102. Re:Are they for real? by dangitman · · Score: 1
      IT IS YOUR FAULT AND I SHOULDN'T PAY FOR IT. USE FUCKIN' CONDOM YOU IDIOTS!

      Do you drive a car? Well, that's YOUR FAULT, YOU IDIOT! Why should I pay for your roads?

      The fact is that you are paying for poor health-care and education, anyway. Do you really want to walk through streets full of diseased, sick people and criminals who want to rob you? Do you want your government and society dominated by criminals and fucktards? It's a hell of a lot cheaper to build a society with a decent safety net, than to pay the costs of not building a decent society. Why do countries with free public health care, have much better efficiency, and lower costs than countries without good public health care? America has the highest medical costs in the world, due to the lack of public health-care.

      Condoms are cheap and effective. Abortions and unwanted children are an expensive burden to everybody.

      --
      ... and then they built the supercollider.
    103. Re:Are they for real? by dangitman · · Score: 1
      So I should be able to download music from iTunes and play it on any MP3 player I have, iPod or not.

      You can. Just burn your iTunes-purchased music to a CD, then play that CD on any CD-player, or rip it to MP3.

      If you had actually RTFA, you would discover that this case is about Realnetworks wanting to force Apple to support their songs on the iPod, not the other way around. By that logic, every MP3 player manufacturer should be obligated to play AAC files with Apple's Fairplay DRM.

      --
      ... and then they built the supercollider.
    104. Re:Are they for real? by saha · · Score: 1
      well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok.

      I would say Asia and others are in different zones, because a pirated DVD movie from the US region 1, can't be distributed in theory to DVD players in zones using region 5. Where the movie is still playing at the box office. That way the movie industry can release the DVD in the US and other region 1 zones, while the movie is still playing in theaters in non-region 1 zone and doesn't hurt the box office sales. I doubt the DVD regions were created as a benevolent scheme to make DVDs more affordable for impoverished nations.

    105. Re:Are they for real? by Andrew+Cady · · Score: 1
      I agree in theory, but I would love to see how you think that Apple has been able to decrease the quality of a competitor's product in this case, I just don't see that.
      There's a name for Apple's practice here: vendor lock-in. The iPod locks consumers into iTunes for online music purchases. The iPod's competitors' are crippled by incompatibility with iTunes -- a situation deliberately created by Apple. Certainly, Apple does not have a monopoly in the strictest sense -- but that sense is rather ill-defined in any case. Monopoly is always a matter of degree, and as the saying goes, every company has a monopoly on its own product. Apple certainly does have a local monopoly, and the difference between that and monopoly proper is merely conventional.
      In fact, in my example, how would Sony or MS be affecting the quality of the other company's product?
      See Microsoft's Halloween documents for a general outline of their anti-competitive strategy. To cite the most famous example, creating incompatibilities in their own web browser served to alter the format of the entire web -- all with the purpose of making Netscape less functional. (The Halloween documents make clear that this was intentional strategy).

      I won't address Sony, although I'm sure they've done their fair share of vendor lock-in.

      The inability for other online stores to offer DRM-free downloads should not necessitate Apple changing its product do allow someone else to work with it. It would be better, sure, but it's not against the law in any way.
      No, it's not -- but the whole debate here is whether it should be. I see no reason why not, unless Congress wishes merely to serve the economic interests of Apple. If that is the case, they should still mandate compatibility, and simply pay Apple directly out of the national treasury.
    106. Re:Are they for real? by daesotho · · Score: 0

      monopoly on the ability to play back music purchased through itunes

      monopoly on the ability to upload songs to the ipod

      if it was a snake, it would have bit you.

    107. Re:Are they for real? by cartel · · Score: 0

      That's why I have programs that convert m4p files to mp3.

    108. Re:Are they for real? by Anonymous Coward · · Score: 0
      The iPod locks consumers into iTunes for online music purchases.
      I'd love to see you try to support that argument. I have an iPod and I haven't purchased one thing from Apple's music store. Not only does the reality suggest that I truly am not 'locked in' as you suggest, but I don't even feel like buying from iTunes is my only option.

      Not all music bought from other online stores will work, but I don't expect it to. I don't expect congress to force Apple to implement playback of every possible format and pay any licensing fees that my be required in the name of "compatibility." Not that this is exactly the issue, but it's an implication. This discussion is simply ridiculous, and I think far too many people live in their own little dream worlds way too often.
    109. Re:Are they for real? by Alsee · · Score: 4, Interesting

      Wouldn't that be contrary to the First Amendment?

      No. Compulsory licencing does not restrict anyone's speech in any way. It does not compel the copyright holder to do anything.

      What compuslory licening means is that someone else can simply mail off an appropriate check to the copyright holder (or to some central clearing house for copyright holders) and then they are properly licence to make and sell copies. You don't need to haggle over rates with the copyright holder, you don't even have to ask his permission. You simply have to pay him the the statutory licening fees.

      And as the other poster said, statutory licences are already a normal part of copyright law. He was suggesting that it could simply be extended to more situations.

      And if Apple has to do this - then wouldn't software vendors and DVD vendors also have to

      It would depend on how such a law was written. It could be written either way.

      There have been DRM [] in software for many years.

      Oh sure there have been silly gimmicks like defective disk tracks in software for years, but there was never any such thing as "Digital Rights Management" until fairly recently when some idiot came up with the rediculous idea of making it CRIMINAL for innocent NONINFRINGING people to "circumvent" these gimmicks.

      licensing restrictions in software for many years

      By law you do not require any licence at all to install and run software you bought. This is directly addressed in US code title 17 section 117, and I'm pretty sure there's an essentially identical statement in EU law.

      All EULAs are contract offers. You are always free to decline a contract. Of course if you decline a contract then you receive nothing it offers. However an EULA generaly offers you nothing you'd ever want, much less anything you actualy *need*. Of course publishers try all sorts of gimmicks to corner you into accepting the offered contract, and all sorts of gimmicks to argue you agreed to that offered contract, but it is absolutely 100% NOT copyright infringment to decline an EULA and to go ahead and install and run software.

      The only real issue is whether you make any extra effort required to install the software without accepting the EULA, and whether they can find some non-copyright legal gimmick to obsruct any way of physically managing to do so. And if such a legal gimmick does exist to make it impossible to declining the EULA, than that legal argument would ALSO be valid if someone were to sell tomatos with EULAs.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    110. Re:Are they for real? by symbolic · · Score: 2, Insightful


      I think there's quite a difference between a decent society, and one where many of its members are completely inter-dependent. In fact, I'd call that a form of systemic dysfunction.

      The original colonists survived because they were hearty, self-reliant people. Now we're fat, lazy, and expect everyone else to shoulder the burden associated with the choices that we make. All of the freedom, very little responsibility.

    111. Re:Are they for real? by Total_Wimp · · Score: 1

      Since about the same time the radio became infrastructure.

      TW

    112. Re:Are they for real? by Alsee · · Score: 2, Insightful

      You won't be getting plain old MP3s from any of the commercial downloaders.

      Sure you can. There are quite a few commercial stores selling MP3s. Magnatunes, Emusic.com, and plenty of others.

      It's only the "Big Five" RIAA companies who entered a conspiracy to suppress any market for non-DRM music sales. Not only that but they entered a conspiracy not to compete with each other on DRM terms.

      Note that conspiring not to engage in competition is quite illegal. I expect the RIAA would lose quite badly if the US Depeartment of Justice Anti-Trust division were to persue such a case.

      the Russians, who apparently have a loophole in their laws

      There may be a "loophole" in the Russian law, but it's *not* that it allows legal MP3 sales. There is absolutely nothing wrong with it being legal to sell MP3's under such a law and making the statutory payments to copyright hodlers for doing so. There is nothing wrong with a company being able to sell MP3s without haveing to ask the RIAA's permission and having to ask every other individual copyright holder.

      The only "loophole" in the law is that a single recorded song is actually covered by more than one copyright, and the law does not appear to have correctly addressed the different classes of copyright on a single song and not paying everyone it should be paying.

      The issue is not unauthorized sales, the issue is who is getting paid and how much should they be paid. "Fixing" the loophole would not outlaw MP3 sales, though it would likely result in an increase in prices.

      It's called statutory licencing and forms of it exist in US law as well. In fact lets take a look at what the RIAA says on their own website:

      Statutory Licenses

      Sometimes, when certain conditions stipulated by law are met by the person seeking a license, the copyright holder must grant a license
      (*). These are called statutory (or compulsory) licenses and generally the fee is paid according to a rate set by law, called a "statutory rate." Statutory licenses are efficient because they do not require the person or entity using the recording to obtain separate licenses from each sound recording copyright owner. (emphasis mine)

      (*footnote) In my oppinion the phrase "the copyright holder must grant a license" is slightly erroneous. The copyright holder doesn't have to do anything. It is the law granting the licence, and the copyright holder gets paid in accordance with that law. The RIAA members themselves make extensive use of statutory licencing. The RIAA companies pays other copyright holders the statutory fees and those other copyright holders have no right to prevent the RIAA companies from making use of and selling those other people's copyrighted works.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    113. Re:Are they for real? by mrchaotica · · Score: 1

      And their business model is our problem how...?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    114. Re:Are they for real? by Anonymous Coward · · Score: 0

      What you really should be asking as the libertarian that you are: Do you trust the MASSES to do the sane and rational decision to refuse to buy DRMed products?

    115. Re:Are they for real? by mrchaotica · · Score: 4, Insightful
      You don't buy the content in a movie. You buy a physical copy. You own that piece of plastic.
      Oh, boy! That means I can do anything with it that I can do with any other physical object that I own, like make copies of it, right?
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    116. Re:Are they for real? by mrchaotica · · Score: 1

      Well, it sounds to me like they made a poor decision to write such non-portable code. If they wrote in such a way that all they had to do was recompile they wouldn't have this problem, now would they?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    117. Re:Are they for real? by mrchaotica · · Score: 1
      That way the movie industry can release the DVD in the US and other region 1 zones, while the movie is still playing in theaters in non-region 1 zone and doesn't hurt the box office sales.
      Couldn't they just release the movie to theatres all at the same time, too?
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    118. Re:Are they for real? by toriver · · Score: 3, Insightful

      Where the movie is still playing at the box office.

      The "playing at the box office" argument for regions is a fallacy, easily disproved by the existence of region-coded "old" movies - like Spartacus and Casablanca.

      The real reason is to divide the world market between distributors.

    119. Re:Are they for real? by iainl · · Score: 1

      Of course the iPod can't actually play any sort of WMA, because they choose not to pay the charges to Microsoft for it. iTunes converts unencrypted files to a non-MS format for your Pod instead (you probably know that, but others might not).

      Not having any WMA files, I can't say this bothered me when I bought my Mini.

      --
      "I Know You Are But What Am I?"
    120. Re:Are they for real? by that+_evil+_gleek · · Score: 1

      No need for complete emulation:
      FAT binaries. Byte CODE/Virtual machines, Source code distribution.
      The last would require a C compilier off course... Imagine waiting for game to compile ;-]
      Byte Code might slow down a little, though if its more forth like than java like one can save some memory...
      Fat binaries would be excellent , considering how much data can be shared cross arch is a game/ level data, maps, pics,
      and movies.. I thinking in modern games code size is small compared to data. So, if the law required it, you could be required to develop for all platforms. Of course the consoles would need the same media type.. or converting media types be made legal...

      Why not let the market work for a while.. at least... how about getting involved in word processor interlopablity?
      A clear problem that has yet to be remedied by market forces... Going after itunes, while leaving Word alone seems
      like Apple bashing, I'm not surprised Apple didn't show.

    121. Re:Are they for real? by Anonymous Coward · · Score: 0
      Wouldn't that be contrary to the First Amendment?
      Copyright is an artificial Government-granted monopoly on free speech. If not for the potential to bring more types of speech into the public domain, it would run afoul of the First Amendment. Compulsory licensing is just a selective weakening of the copyright monopoly -- something that is within Congress's power.

      As for forcing a choice between copyright and copy protection / DRM -- copyright is optional, and DRM harms the goals of the Constitution. If you're obsessed with DRM, it's a free country, but nothing says that We The People are obliged to support and reward you in that choice.

      Why is this just about Apple? There have been DRM and licensing restrictions in software for many years. So why are they using Apple as a test-case?
      Two reasons: 1. The popularity of the iPod and the iTunes Music Store. 2. The inability of certain business types to grasp (or to want to grasp) that the iTMS took off because the DRM was less restrictive than the DRM at the other stores. Maybe some still dream of a "Trojan Horse" strategy -- like SDMI Phase 1 & Phase 2, but this time based on Apple's DRM.
    122. Re:Are they for real? by Anonymous Coward · · Score: 0

      Just because the government decides all kinds of interoperability standards right now, doesn't mean they should.

      Lots of interoperability standards are doing just fine without any help from the government, thank you very much.

      To take a really simple example (that helped me out today), I can go to any store, buy any mouse that says "USB" on it, plug it into my computer, and it'll work. I don't think the government had their fingers in that, and yet it managed to work great.

      You'll have to do better than "but they already do it for other things!" to convince me that this would actually be a good idea. Just because the government can or even does do something, does not necessarily make it a good thing for the government to be doing. I've seen countless examples of interoperability without government interference, and I see no practical reason why many others couldn't be done without government regulation, as well.

    123. Re:Are they for real? by sgant · · Score: 1

      Yeah...exactly...er...SHUT UP!

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    124. Re:Are they for real? by Darren+Winsper · · Score: 1

      The only reason non-iPods don't play AAC is because the vast majority of people using AAC are using iTunes and thus the iPod. If there was a market for supporting AAC in a portable, most players that support WMA or Ogg could be firmware upgraded to support it.

    125. Re:Are they for real? by Anonymous Coward · · Score: 0

      The Congress could easily force NON-DRM-encumbered compulsory licensing of recordings on the music industry. Then it wouldn't matter what the RIAA liked or didn't like.

      What a great fucking idea! I think I'm going to write Congress and ask them to compel you to sell your property and/or labor under terms which they shall dictate to you.

      Command economies are far more efficient anyway.

    126. Re:Are they for real? by Anonymous Coward · · Score: 0

      The batteries can die after 1.5-2 years and cost $99+ to replace, plus you must send them in.

      The batteries only last about 6 hours before needing recharge whereas others can last much longer.


      Bullshit
      Bullshit
      Bullshit

      For those too lazy to follow the links:

      1. You would have to run the iPod all day, every day, to even come close to running down the battery in 18 months.

      2. The battery costs about $30 to replace. You can do it yourself.

      3. The iPod battery lasts 12 hours, not six.

    127. Re:Are they for real? by SenseiLeNoir · · Score: 1

      My Sony Ericsson mobile phone (S700i) supports AAC perfectly, and is in my opinion the best format for use on that phone, better than MP3. You can use it as a ringtone, or listen to it through the headphones.

      Even the new Sony Ericsson "Walkman branded" phone, the W800, supports AAC very well (ironically for a "sony" device it DOESNT support ATRAC, but that may be due to the fact that internally its more ericsson, than sony!)

      Although it DOES support DRM (using the OMA system, which is actually quite "open"), you dont HAVE to use DRM (the DRM is just a wrapper around the normal AAC/MP3 files). Non-DRM files are easily "sharable" to other devices (other phones/laptops/computers), using bluetooth/infrared or whatever means.

      I dont need any special software to "upload" the songs onto the phone, i can bluetooth it over, or even take the Memory Card out, and copy it on using a normal card reader.

      YET, i STILL cannot use iTunes......

      --
      Have a nice day!
    128. Re:Are they for real? by Anonymous Coward · · Score: 0

      Umm, I can't say for sure, but I would guess that a DVD is much more expensive here in sweden than it would be in the US.
      If I decided to actually go purchase a CD it would cost me over 25$, how much do you pay over there?
      Things are practically for free where you are, and to top it off, you get paid like twice as much as we do.

    129. Re:Are they for real? by Anonymous Coward · · Score: 0

      don't expect congress to force Apple to implement playback of every possible format and pay any licensing fees that my be required in the name of "compatibility."

      I don't think that is what is proposed here. They want Apple to open up their DROM so other music stores can sell music with DRM on to iPod owners. As an iPod owner I certanly can see the benefit of this, as an Apple stockholder I don't.

    130. Re:Are they for real? by dangitman · · Score: 1
      I think there's quite a difference between a decent society, and one where many of its members are completely inter-dependent. In fact, I'd call that a form of systemic dysfunction.

      That's not dysfunctional. That's how the world works. We are ALL interdependent on others. You are dependent on your parents to raise you as a child. You are dependent on an environment to sustain you. You are dependent on industry to grow your food.

      The original colonists survived because they were hearty, self-reliant people.

      Sorry, but that's a bunch of crap. They had a very small population, and exploited vast natural resources. They weren't very efficient at all. remember the Buffalo? They also succeeded because they co-operated. Do you think they did things as individuals? Of course not - things were organized in groups, and people did a lot for one another, and the greater good.

      If they were self-reliant, then why did they need so many external inputs to survive? A lone person relying purely on his/her own resources would be dead in the colonial world, before you could blink.

      Now we're fat, lazy, and expect everyone else to shoulder the burden associated with the choices that we make.

      Well, I'm not fat and lazy, nor do I expect others to shoulder the burdens of my decisions. But the fact is that we now live in massive populations, and you can't just manage large societies as an individual, nor survive on your own.

      How, exactly, do we do things like build roads or develop modern medicine, as individuals?

      --
      ... and then they built the supercollider.
    131. Re:Are they for real? by akadruid · · Score: 1

      From the UK, the fuel price on my local forecourt this morning was £0.85 per litre, which is $6.02 per US gallon.

      And we have virtually NO alternative fuel cars in this country - probably less per head than the US, Land of the (almost) Free fuel.

      Switching to alt-fuel vehicles needs three things: Good infrastructure (every gas station), price incentives, and time.

      And you can boost fuel prices a long way before there is a real price incentive, since alt-fuel vehicles are more expensive and usually inferior in some ways (things like cargo capacity etc).

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    132. Re:Are they for real? by dangitman · · Score: 1
      No. Compulsory licencing does not restrict anyone's speech in any way. It does not compel the copyright holder to do anything.

      Yes it does - it compels them to license their "speech" (software) to certain users. Why should a company be compelled to license their material to anyone it doesn't want to license it to?

      By law you do not require any licence at all to install and run software you bought. This is directly addressed in US code title 17 section 117, and I'm pretty sure there's an essentially identical statement in EU law. All EULAs are contract offers. You are always free to decline a contract.

      How is this relevant? How does this enable me to run Quark XPress without a dongle? Or run a product-activated, DRM-protected piece of software without going through the activation process?

      The courts see circumventing dongles and other DRM as being illegal under the DMCA. Are you saying that Quark should be forced to ship its product without a dongle, or license it to another company? Or Microsoft and Adobe are not allowed to use Product Activation to restrict use of their software?

      How is the iTunes DRM different to any of these technological methods of access control?

      All EULAs are contract offers. You are always free to decline a contract. Of course if you decline a contract then you receive nothing it offers. However an EULA generaly offers you nothing you'd ever want, much less anything you actualy *need*.

      What the heck does any of this have to do with companies' technological rstrictions on how their products may be used? Why should Apple be forced to license their software to anyone?

      --
      ... and then they built the supercollider.
    133. Re:Are they for real? by Anonymous Coward · · Score: 0

      If saying 'Jesus' was a jailable offence I might just go along with that legislation. The overtly fascist radical fundamentalist right-wing agenda is largely why thought-crimes exist at all, its only fair that they reap what they have sewn.

    134. Re:Are they for real? by Anonymous Coward · · Score: 0

      that would cost too much to generate the film reels. that would essentially force the movie studio to create a reel of film for every theater that wants to show the film worldwide. the opening dates in one area start when theaters start dropping the film in others.
      once everything goes completely digital, then it would be easier.

    135. Re:Are they for real? by Anonymous Coward · · Score: 0

      no it's not. that's just one of the reasons. you list another

    136. Re:Are they for real? by Jace+of+Fuse! · · Score: 1

      If enough people were bothered by protected AAC, then iTunes wouldn't be so popular.

      You seem to be forgetting all those people who like to yoink the DRM right out of iTunes using Hymn.

      I hate DRM. I like iTunes. I use Hymn. Oh, and thanks to Pepsi and Mountain Dew, I have downloaded well over 100 songs for free and my co-workers who do not use iTunes just keep giving me more and more caps. :)

      --

      "Everything you know is wrong. (And stupid.)"

      Moderation Totals: Wrong=2, Stupid=3, Total=5.
    137. Re:Are they for real? by HuguesT · · Score: 1

      Precisely, and there are example of games that ship for multiple architectures on the one medium : the recent myst series for example.

    138. Re:Are they for real? by drwav · · Score: 1

      say do you know of a good way to preview the whole cd?

      Yes I do, unfortunuantely you could be sued for doing it. I suppose you could (ab)use iTMS's preview feature and then not buy anything. Too bad you still need to sign up to use that.

      In ANY case, I rarely need to preview a CD before I buy it since I typically buy stuff either recomended by friends or from bands that I already know and like. Combine that with internet radio and I really don't need preview.

      I realize this won't work for everyone, but this is how I do things.

    139. Re:Are they for real? by circusboy · · Score: 1

      why not? real player runs on a mac, doesn't it? I have it to play real media streams.
      and though I have resisted it so far, there is also a windows media player for mac as well, no? inconvenient yes, but certainly not impossible.

      all of the above will play .mp3 files, but apple sells a package service. if you buy music we provide for our player, that we are required to copy protect we have the premier players for it. has anyone complained about wmp not playing itunes store music? as it is, it seems that lately it has been shown that the drm that apple uses is a bit weak. one could guess that they are leaving it weak so as to make it easy to remove should the recording industry come to its senses. (a guy can dream...)

      I do tend to agree that it would be nice if there was interoperabilty, so you could buy any music online and play it through any player... there is always amazon.

      --
      -- it's ridiculous how many people misspell ridiculous... (damn, damn, damn...)
    140. Re:Are they for real? by Jesus_666 · · Score: 1

      However, there is a difference between cars that use up 6 liters per 100 kilometers and ones that use up 30 l/100km.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    141. Re:Are they for real? by Anonymous Coward · · Score: 0

      It's not artificial. Get a clue about licensing and how the entertainment business works. Actually nevermind, its more fun to watch you make statements that show you don't know very much about the topic.

    142. Re:Are they for real? by SlamMan · · Score: 1

      How's it a weak argument? If I'm contractually obligated to only sell a product in a certain market, I'm contractually obligated. I guarantee Apple would love to sell iTunes's AAC file to everyone under the sun.

      --
      Mod point free since 2001
    143. Re:Are they for real? by AviLazar · · Score: 1

      The "industry" chose iPod with it's DRM. To say the industry chose iPod but not the DRM is like saying "He chose those pair of jeans, but not the zipper that came sewn into it." People wanted the iPod (the reasons do not really matter why) and they were willing to deal with the DRM. For those that do not know of the DRM - when they found out - they continued to use it instead of returning it. It is not like iPod was the ONLY Mp3 player out there..

      The people had a choice. Do I support Apple's DRM, no, but I am a minority.

      Obviously if you give people a choice of DRM or non-DRM the non-DRM will win out (at least with the informed folks) but that is irrelevant. To give you an example that is like me saying "for $25,000 you can either have this BMW without a CD player or this BMW with a CD player...which would you prefer."

      --

      I mod down so you can mod up. Your welcome.
    144. Re:Are they for real? by Alsee · · Score: 2, Interesting

      I suggest you learn a bit more about more about copyright law. Statutory licencing is part of the law here in the US and just about everywhere else. Note: Based on the DMCA comments you appear to be American, and it's US copyright law and the court cases I've been reading, so this text will be US-centric.

      license their "speech" (software) to certain users

      Who's said anything about Apple's software?

      The original story was about other companies being able to sell music that would play on the iPod, and they would presumably be more than happy to write their own software to do so. I don't think I even addressed that exact subject.

      The person you replied to, and apparently the current subject, was "compulsory licensing of recordings on the music industry". Under that sugegsted system aomeone who aquired any copy of any song would be able to simply mail off the statutory royalty check and legally sell copies of that song in whatever format they wanted. This is the system US radio uses, and this is the system Russian download sales use. (And as I said the Russian law may be bugged in not properly addressing the multiple copyrights in each song.)

      Why should a company be compelled to license their material to anyone it doesn't want to license it to?

      If that is what you believe should be true then I suggest you lobby to change EXISTING law. Oh, and expect a big fat mess if you succeed. For starters the entire radio system would fall apart, it is based on statuory licencing of music. And as I indicated the RIAA members themselves make extensive use of statutory licencing. If you revoke statutory licencing then the RIAA is going to have to pull a TON of music off of the shelves. Lots of songs are based on statutory licencing of lyrics.

      Wikipedia has a small but decent blurb on it.

      I know it's not going to make sense to you without a full explanation but the truth is that copyright holders are not compelled to do anything, it is the government granting the statutory licence. The fact is that it *is* part of the law, and even the RIAA cites the benefits of statutory licencing.

      Copyright is a good and useful thing, but it's easy to come to the wrong conclusions if you don't have a good grounding in the origin and operation of copyright. I don't have time now or this weekend, but if you're actually up for reading Supreme Court rulings on the foundation and nature of copyright then maybe on Monday or Tuesday I can dig up the links and clear up why statutory licencing is perfectly logical and reasonable. Why it's not a "taking" or "forcing" against authors at all.

      The courts see circumventing dongles and other DRM as being illegal under the DMCA.

      Actually no court has EVER upheld DMCA anti-circumvention law. Seriously. It's been on the books seven years and never upheld once.

      >By law you do not require any licence at all to install and run software you bought. This is directly addressed in US code title 17 section 117, and I'm pretty sure there's an essentially identical statement in EU law. All EULAs are contract offers. You are always free to decline a contract.

      How is this relevant? How does this enable me to run Quark XPress without a dongle?


      You said "There have been DRM and licensing restrictions in software for many years". I explained this was false.

      Prior to the DMCA you could decline any EULA and bypass any dongle or activation gimmicks.

      Post DMCA you can still decline any EULA and it is still not copyright infringment if you install and run it. You STILL do not require a licence.

      As I said the QUESTION was whether (A) you made the effort to install/run it while declining the EULA and (B) whether they could find some non-copyright infringment gimmick to block you from accomplishing it. As you point out they can now at least attempt to use the DMCA and gimick up the in

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    145. Re:Are they for real? by Anonymous Coward · · Score: 1, Informative

      Real player won't play DRM'd content, and trying to play DRM'd content in the latest mac windows media player brings me to a web page telling me i need to "upgrade" to WMP9+ for windows.

    146. Re:Are they for real? by Anonymous Coward · · Score: 0
      How do I know? The industry has spoken and the industry chose Apple's product instead.
      The "industry" picked the Apple iPOD because it is a very nice looking device. It doesn't haven any more capabilities than most of the competition. The "industry" did not pick Apple's restrictive DRM. The "industry" or better the consumers, do _not_ have a choice with the iPOD on what store to purchase from.

      This is 100% untrue. I buy tracks from Napster, and Musicmatch all the time. And all of these tracks are on my iPod.

      You're just too lazy to burn the cd and rip some non-DRM mp3's for yourself. Followed closely, of course, by deleting the DRM copies. Long live restriction-free music.
    147. Re:Are they for real? by Dark_Gravity · · Score: 2, Interesting
      The recording industry will not allow Apple, Napster, or anyone else to sell unrescricted, unencumbered digital music, so your argument is really moot.

      So how does eMusic get away with selling songs with no DRM?

      I have not and will not buy from any of the DRM encumbered stores.

    148. Re:Are they for real? by Anonymous Coward · · Score: 0

      However, iTunes doesn't sell mp3s, making most other mp3 players incompatible with it. Only the iPod will play the music they're selling. That doesn't seem interoperable to me.

      And isn't it kinda funny how everyone continues to scream about Microsoft, and completely ignores Apple when they are guilty of the same practice?

    149. Re:Are they for real? by Anonymous Coward · · Score: 0

      Why don't you just buy CDs and rip then to your iPod? You ever think of that? You don't HAVE to use iTMS.

      And don't sell that CD again before removing the ripped version of the songs from your computer and portable music players. I have a closet full of CDs that I no longer use - but keep to "prove" I own the music I listen to. Heck, I've even had to replace the jewel cases with slim ones just to save space.

      In a small way, I look upon DRM'ed music as a service. A service that allows me to avoid ripping all the music myself - and then having to store all those CDs as "proof." Sometimes I consider the service worth the limitiations - sometimes I don't. That seems like a fair consumer choice to me.

    150. Re:Are they for real? by Anonymous Coward · · Score: 0

      "Why should a company be compelled to license their material to anyone it doesn't want to license it to?"

      Should they? Maybe yes, maybe no. But it seems to fall into the category of economic incentives for copyright. If you accept the premise that the proper goal of copyright is to provide an incentive to create works that benefit society...then the terms of copyright should balance the benefit to society with the incentive to the creator. For most goods, we don't really have compulsory licensing - but we also don't have companies practicing discriminatory licensing.

      If you don't want people to have copies of your copyrighted material - if you're afraid that people will try to practice "fair use rights", don't distribute any in the first place. (of course, then you won't get any money for it...) In my opinion, if you accept money for a copy of a work, you should provide a copy that is unencumbered by any DRM or dongle. Otherwise, the user who paid you can't use the work to the full extent that the law permits them to. I think that the use of DRM should cause you to forfeit any protections under copyright law; eg. you get legal protection, or technical protection, but not both. So absolutely - I believe that Quark should be forced to be dongle-free, etc. But no, that's not the way that law is currently interpreted.

      But should Apple be forced to license Fairplay? Reasons for would be that compulsory licensing probably advances the interests of a competitive market. - same reason we would want to open up the SMB protocol, Office file formats, etc. Reasons not to would be that it's not something we do very often. Fairplay isn't exactly the first thing I'd want to open up, given all the proprietary protocols out there. Traditionally, the US tries not to micromanage the economy. It seems like a good idea when you start, but can fail quickly. (A law may provide for mandatory licensing for protocols, but not for "And ___ in particular must be licensed".)

    151. Re:Are they for real? by thelaughingman · · Score: 1

      "Why the hell doesn't the Monopoly we call Microsoft have to meet interoperability standards for their business critical Office software?"

      Because making music fit a standard format that is already out there that everything play already is different then programming software so that it works with every possible operating system out there. Interoperability can only go so far before we end up with MS Office on our cell phones.

    152. Re:Are they for real? by Anonymous Coward · · Score: 0

      Exactly you can make a copy of the plastic that you own, not of the CONTENT that you do NOT own.

    153. Re:Are they for real? by Anonymous Coward · · Score: 0

      The "playing at the box office" argument for regions is a fallacy, easily disproved by the existence of region-coded "old" movies - like Spartacus and Casablanca. Wrong, the reason the older movies are also region coded is so they can play in the DVD's for the sepcific region.

    154. Re:Are they for real? by Anonymous Coward · · Score: 0

      Q: "well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok...."

      A: A higher rate just because it is possible utilizing limiting measures is not okay, that's circumventing the FREE MARKET in any case, a concept much hailed by big corps. etc.

      Another point about the region coding which makes it utterly wrong, is that different versions of the "same" product are being released thus messing about with the artistic content.

      Different endings for different regions... WTF?

      As an author I find that concept insane!

      Also, the region coding can stop enthusiast from legally obtaining region specific material from another region because they have to break the law in many cases to modify their equipment to play back other regions.

      Furthermore if modding the equipment is legal the equipment guarantee is probably void as the equipment has been modified by the owner.

      And all because the movie / distribution companies refuse to distribute specific movies because the demand is too small and because they want to control the market down to the smallest detail...

      Region coding okay? Get real!!!

    155. Re:Are they for real? by Scudsucker · · Score: 1

      The iPod is heavily marketed as an MP3 player

      Nonsense. Pay more attention the next time you see a magazine or tv ad for the iPod. It is marketed as a music player. Apple's iPod page mentions mp3 twice, halfway down the page, right next to AAC.

      You can't selectively call the average user "stupid", yet expect them to sort different formats out.

      I didn't do anything of the kind. If an average user buys an iPod, they're obviously not going to have a problem playing songs from the iTunes store, so no problem. If they buy some other player and try signing up for the iTunes store, it will tell them they'll either need iTunes (which they are already using if they are at the store) or an iPod, so again no problem.

      You might as well get pissed at Sony because Gameboy games don't work with the PSP. You have no case here.

    156. Re:Are they for real? by 99BottlesOfBeerInMyF · · Score: 1

      Why don't we get Apple to do a little experiment? Apple can have their iTMS offer every song in either their restrictive DRM encrusted AAC format, or a non-DRM'ed MP3. See what format sells more. That would be the industry "speaking".

      Surprisingly, I more or less agree with you. Actually I think congress should demand interoperability by mandating the removal of DRM from and the open publishing of formats for all published works for general consumption. DRM and proprietary formats are fine for use within a company or organization, but if you are selling a product or media to the general public it should be open and unencumbered.

      I don't think Apple would have any problem with a law like that. It would level the playing field and be good for everyone. I seriously doubt Apple sells DRM'd music because they prefer it. It is almost certainly the only way they could get the RIAA to buy in to the online store. IMHO they have done a very good job of balancing keeping the corps happy and still not getting in the user's way too much. Unfortunately, the most likely result of this congressional interference is to force Apple to give away their DRM format to everyone else, who will use it to make their devices and apps work with the ITMS. Apple will end up providing free support and development for everyone else on a service they are running at a break even level right now. They will then have to raise the prices of songs in order to maintain breaking even. Windows DRM formats will probably not be opened and a monopoly will be given a competitive advantage over the smaller player. Sad but likely.

    157. Re:Are they for real? by Scudsucker · · Score: 1

      Oh, and I'm so sure no one has ever tried to scam insurance companies either. So what's your point?

    158. Re:Are they for real? by GileadGreene · · Score: 1

      I fail to see a connection there - radio is a broadcast medium, which (theoretically) allows "the government" to reach "the people" in times of emergency. An iPod is, unless I've missed something somewhere, simply a device for listening to music.

    159. Re:Are they for real? by Atryn · · Score: 1
      The government decides all kinds of interoperability standards for infrastructure
      Although they seem to have been incapable for decades now at making government communications systems interoperable. Most local, state and federal radio systems cannot communicate with each other due to a lack of interoperability standards and regulation.
      --
      Come play Moral Decay!
    160. Re:Are they for real? by backlonthethird · · Score: 4, Insightful

      sigh. Every one of your bullet points stem from your (and other's) personal dislike of certain reasonable design decisions. Show me an internal battery that lasts for more than 2 years. I'd rather spend the $50 (from a third party) to replace the battery in a couple of years than spend three times that on individual AAs. Also, my ipod lasts 8-10, the new Minis last even longer.

      But the biggest problem I have it your "ergonomic" claim. That's just patently ridiculous. I want a handgun to be ergonomic, a vacuum cleaner, a ladle. These are things that I use with my hand. My iPod, on the other hand, I use in my pocket or in a case. For that, a simple rectangle with beveled edges is the most *ergonomic* design possible for my pocket.

      Don't confuse design that doesn't fit you with problematic design.

    161. Re:Are they for real? by hesiod · · Score: 1

      > Does Congress truly have nothing better to do?

      Yes, but everything "better" would require that they evaluate themselves or other parts of the government, and we all know much of what they'd find and, at least partly, why they won't do it.

    162. Re:Are they for real? by hesiod · · Score: 1

      > Why is this just about Apple?

      (Warning, what follows may or may not be the blindly anticorporate ravings of a madman)

      Perhaps the RIAA is noticing that Apple is succeeding where they said profit could not be made, so they are trying to force it open. That way, people will start pirating iTunes songs, causing Apple's profits to fall. They're hoping it will fail so that they can later point to it (after this is forgotten) as more reason why customers can't be trusted to use the things they bought.

    163. Re:Are they for real? by SilentJ_PDX · · Score: 1

      This is unbelieveable. Does Congress truly have nothing better to do?

      Now that Terri is dead, I guess not.

      (Sorry if this seems like flamebait but I'm frustrated with Congress's ability to find stupid things to waste their time on)

    164. Re:Are they for real? by Anonymous Coward · · Score: 0
      "Every one of your bullet points stem from your (and other's) personal dislike of certain reasonable design decisions."

      In other words, "better" is subjective, which is what I said, and I even re-iterated I said, and made clear I was not saying iPod is crap. But the previous post said that objections to iPods were only from dumbfucks who couldn't accept that iPods dominate because they are the better product. It's that assertion that was the problem. Some people think iPods are the best thing since sliced bread and they are allowed to. But people who don't like iPods are not just dumbfucks.

      "My iPod, on the other hand, I use in my pocket or in a case."

      I see. So you must laugh at the dumbfucks at Apple who put a display on the front of it and the whole thumbwheel thing, not to mention the ads with everyone holding one in their hand. And of course, the most ergonomic shape for a pocket is a solid rectangle. I stand corrected.

      "Don't confuse design that doesn't fit you with problematic design."

      And don't confuse arguments. And learn some grammar. What exactly does that sentence mean?

      The point is there are legitimate objections to the iPod design. Whether you agree with them is irrelevant.

    165. Re:Are they for real? by hesiod · · Score: 1

      > Actually no court has EVER upheld DMCA anti-circumvention law. Seriously. It's been on the books seven years and never upheld once.

      Out of curiosity, has it ever been truly challenged? I really don't know, but has any court made a final ruling specifically against it? And I don't include settlements, bargaining, or anything like that: I mean a real verdict. A simple yes/no answer is fine, I don't need details (although it would be nice).

    166. Re:Are they for real? by douglasq · · Score: 1

      Correct me if I am wrong but wasn't Apple's DRM implementation a way of getting the music conglomerates on board?

      --
      "Form should follow function...unless it's just plain ugly."
    167. Re:Are they for real? by hesiod · · Score: 1

      > What entitles anyone to consuming the stuff for free?

      I don't know anyone who claims they are entitled to it. I am not entitled. I am also not willing to pay outrageous amounts of money to see the movie. If the theaters are mad that they don't make enough money, they have options: charge more for tickets, refuse to pay so damned much to the MPAA, or go into another line of business that is profitable.

      So you say, "if you're not willing to pay, why should you be able to see it." Because it is there. I can get it, I can watch it in the way I want, for the price (less, actually -- I'd be willing to pay a few bucks to see a movie on the big screen, but not $15) I want. I don't have to go at their exact set times and watch an hour of commercials after I already paid. I am not an evil person for watching movies for free, regardless how much BS is thrown around about "theft." You are not a good person for paying to watch movies.

      If no one is willing to pay that much money for something of no true value, then the business model is no longer profitable. In fast-changing times, people unwilling to participate in that change can't expect to not get left behind. Heck, they can't even expect it in stagnant times!

    168. Re:Are they for real? by Anonymous Coward · · Score: 1, Informative
      "For those too lazy to follow the links"

      Cute try, but you haven't seemed to figure out the difference between marketing specs and actual tests. Yes, marketing says they should last about 500 cycles so heavy users should generally get about 2-3 years out of them. (Obviously some people will get more.) But the reality is that many people have much less actual time with them and have even sued over it.

      As for the total hours, sure some people can get up to 12 hours (often only in the first year) on the generation 4 and 5, but if you read some of the above you'll see some as low as 4-5 hours, and often 8 hours is a typical normal accomplishment. You'll even notice some of the above links report the iPod mini is supposed to get 12 hours but testing suggests it only gets about 7 hours.

      We can argue about actual numbers and conditions like crazy, but the point is that real people are getting less than the marketing suggests and a good number have general battery problems.

      As far as replacement, yes, you can crack it open yourself using 3rd party battery sources, but a proper battery replacement (they aren't made to be opened) costs $99 from Apple (see above link).

      Even more importantly, the actual dollar and length of life is not really the main issue. The point is that iPods have battery problems. It's easy to find all over the internet. While this isn't a big problem with some people, it certainly means that not only "dumbfucks" (as the grandparent post said) have objections to the iPods and there are legitimate reasons to believe that they aren't the best.

    169. Re:Are they for real? by douglasq · · Score: 1

      The original colonists survived because they had slave labor obtained at little or no cost and contradicting any modern notion of supply and demand.

      --
      "Form should follow function...unless it's just plain ugly."
    170. Re:Are they for real? by hesiod · · Score: 1

      > If I decided to actually go purchase a CD it would cost me over 25$, how much do you pay over there?
      > Things are practically for free where you are,

      Free? Yeah right. A new CD here costs about $16-20US. While that is cheaper, it's CERTAINLY not "free" by any stretch. I will not spend $18 on music just as fast as I wouldn't spend $25 on music.

      I can't speak on the topic of wages, as I'm uninformed on such things. It's possible, though not countrywide. I live in a below-average-wage area with a large number of people making less than $15K a year, many less than $10K, still some below $8K.

    171. Re:Are they for real? by BitterOak · · Score: 1
      The government decides all kinds of interoperability standards for infrastructure. TV, radio, transportation and finance

      TV and radio are both transmitted on public airwaves. There is only so much spectrum to go around, so in order to get a license, you must agree to conform to certain standards and specifications. As far as transportation goes, you are also generally using public land. For instance, railway companies generally get heavy discounts from the government on land purchases for tracks, in exchange for conforming to standards. And financial standards are designed to ensure compliance with tax rules, as well as other things.

      Sale of music through an online service is a completely private transaction that doesn't directly involve public infrastructure. (Do you really want the Internet to be regarded as a public infrastructure regulated the same way as over-the-air TV broadcasts?) If we allow the government to mandate standards here, what will be next? Super-DMCA laws, or laws *requiring* DRM on all sales of copyrighted content? This is an area where the *market* should decide. Keep the government out!

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    172. Re:Are they for real? by zardo · · Score: 1

      What's this guys point? Is he saying the private sector is more expensive than the public sector? That's nonsense. Ask someone in Canada what they think of canadian health care. They pay half their income away in taxes and they still have to come down to America for decent quality health care. Better yet, why don't you just move to Canada and experience it first hand. Just because its public doesn't mean its free. :)

    173. Re:Are they for real? by Anonymous Coward · · Score: 0

      The analogy is more like this, IMO:

      When you buy a game (that's available for all consoles and even PC/Mac), you buy a specific version.

      Say you buy Doom 3 for PC. Then, you buy a Xbox and want to play Doom 3 on your Xbox. You already paid for Doom 3, why should you buy the game again simply because it's a different platform? It's the same game! Sure, the programs are different, but the DATA is what makes up most of the content of games, so "different hardware" is not a valid reason to sell different versions.

      Same thing for DRM music. If you bought a DRM AAC, you bought a DRM AAC. Not a DRM WMA or DRM RealAudio.

      Asking for a single audio DRM standard is the same as asking game companies to provide all versions on the same DVD (PC, Mac, Xbox, PS2, GameCube).

    174. Re:Are they for real? by symbolic · · Score: 1


      I think you've missed my point. An example...think of the 300-pound kid in New York that tried to sue a fast food chain for "making" him fat. Think of how often we do things because they're easier, but not necessarily better for us.

    175. Re:Are they for real? by MerlynEmrys67 · · Score: 2, Insightful
      I don't even want alternative fueled vehicles...

      Looking out at the parking lot - there are 2 H2 Hummers, my Prius, a few sports cars, 4-5 SUVs and a bunch of mid-sized cars. I will bet the fuel economy of the parking lot here is somewhere around 24-25 - which actually isn't too bad for the US.

      Go look at a lot in Europe, and I will bet the average gas milage is 5-6 MPG higher, add higher gas prices - and I could see average gas milage raising to 35.

      That doesn't even get into things like people giving up cars for public transportation, alternatives like biking (my favorite), or moving closer to their office (I've known people that drive 100 miles a day - usually in low milage cars, lets see what happens when it costs 40-50 dollars a day to get to work), or many other alternatives

      --
      I have mod points and I am not afraid to use them
    176. Re:Are they for real? by geoffspear · · Score: 1
      But what if the government decides to start selling its emergency messages as DRM'ed WMP files on Real's website? There will be absolute chaos when all of the iPod owners can't play the message, and society will collapse.

      We must act now to prevent this hypothetical disaster from occuring!

      --
      Don't blame me; I'm never given mod points.
    177. Re:Are they for real? by Steveftoth · · Score: 1

      Meh, you are buying it FOR THE PS2, FOR THE XBOX or FOR THE PC. It's not like they made a version that runs on all three and are just charging an absorbant amount for that one.

      All 3 games are different, just because they contain 99% the same content doesn't mean that they are not different in some way.

      It's not like they are being sneaky about it with regard to what you are getting (pc version / xbox version / etc...)

      As far as your VHS vs DVD argument goes, I don't see the problem for paying twice for the same movie. Since you are getting something, a physical disc or tape. I guess that you also want them to replace your VHS tape when you watch it so many times that it becomes fuzzy and grainy, huh?

      You're not forced to buy the product.

      If there are any complaints about DVD vs VHS it should be that there is no reason that DVDs should still cost more then VHS did since the fixed cost per unit is much cheaper for DVDs then it is for VHS. It's crazy that movies that very few people buy ( aka Manos Hands of Fate) sell for 5-7 dollars at Borders while the newest movie release from disney, MGM, Sony costs $20+. Yes, the new releases have more DVD options then the el cheapo DVD, but one cannot argue that those options have enough value to TRIPLE the cost of the DVD.

    178. Re:Are they for real? by TheRaven64 · · Score: 1
      Bah. Politicians just moved above child molesters on my list of people to kill first when I become supreme overlord of this planet. :)

      Still bellow lawyers, huh?

      --
      I am TheRaven on Soylent News
    179. Re:Are they for real? by Anonymous Coward · · Score: 0

      Really? So they couldn't just make them region free so they play in ALL regions' DVD players?

    180. Re:Are they for real? by Excelsior · · Score: 1



      That analogy is terrible. The analogy would work if you could only buy XBox games from the Microsoft store.

      I can't think of a single situation where a single company controlled the hardware AND the store for an entire media industry. Even Microsoft never owned the hardware. When Microsoft used their power to influence hardware manufacturers, we all cried foul and sicked the DOJ on them.

      Yes, Apple fanboys will tell me to shut up because Apple got where they are by making a good product. I don't disagree with that. But, I do have plenty of concern for a future where ITMS is the only place to get music.

      When I purchased an audio player, I chose the Zen Touch for this very concern. I don't like Microsoft's DRM any more than Apple's, but I do appreciate that Microsoft DRM music is sold by competing stores. I would've definitely purchased an iPod if there were competing music stores.

    181. Re:Are they for real? by The+One+and+Only · · Score: 1

      They had a very small population, and exploited vast natural resources. They weren't very efficient at all. remember the Buffalo?

      The original colonists never made it past the Appalacians. They never saw any buffalo, nor did they see any bison (which is what you probably meant), because bison roam the Great Plains. And the bison were deliberately exterminated as part of the Native American genocide. It wasn't overconsumption.

      They also succeeded because they co-operated. Do you think they did things as individuals? Of course not - things were organized in groups, and people did a lot for one another, and the greater good.

      Yes, but largely because it was in their personal self-interest to do so. I think it overstates the case to say they were self-reliant, because there was still interdependence between them. But they at least all pulled their weight.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    182. Re:Are they for real? by Ash-Fox · · Score: 1

      I haven't seen Itunes preventing people from burning the content onto CDs however, and iTunes is designed for the iPod, that is quite clear, not for mp3 players.

      And I agree with your comment on Microsoft and Apple.

      --
      Change is certain; progress is not obligatory.
    183. Re:Are they for real? by mrchaotica · · Score: 1

      Right, and that plastic has the same pattern of pits as the original. The fact that it can be read by the computer and appears to be the same information is entirely a coincidence.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    184. Re:Are they for real? by Anonymous Coward · · Score: 0

      If Apple started to offer non-DRMed MP3 along with DRMed AAC in the iTMS on Tuesday, they wouldn't get anything to sell on Wednesday, thanks to the major Music corporations being "not amused".

      Hint for Real: Do start selling non-DRMed MP3 and there will no trouble for any of your iPod-using customers. iPods play MP3 very well ;-)

    185. Re:Are they for real? by RatPh!nk · · Score: 1

      Yeah, globalization for the corps, who get to use Indian and Chinese cheap labour, closed market for us, the consumers. Geez that is really fair.

      You make a really great point that you make. Many people who make the "free market" argument forget (and if they know what they are talking about, it is purposefully forgotten) that in a true free market environment everyone has equal access to the markets. That is, you should be able to purchase that $2.99 new MGM released DVD (from a foreign market)because it makes sense, it is cheaper, but you cannot. You should be able to move yourself to another job market (India, China, Mexico etc..), but you cannot for various reasons. Just like it makes business sense for Company Y to outsource their support or what not becuase of the decreased* labor costs associated with it.

      Here is an example, broadcast flag, would any of us want it? Now, one assumption that I make in this arguemnt, I am assuming we are mostly (99.9%) honest people. We are not criminals. In this light, the stealing intellectual property aspects is moot. In a free market, some people would manufacturer broadcast flag recognizing boxes, and others would sell non-broadcast flag recognizing boxes. I am guessing, if there was parity in features, the latter would win by a landslide. Also take TiVO, MythTV-like commerical skipping, if I don't want to watch commericals, I should be able to buy a box that allows me to skip commericals. If the advertisers notice people are skipping their commericals, they will devise a new way to advertise. For example, watch any football (US Soccer) game, and you will notice, mostly, no commericals, but there is a logo of the sponsor in the corner. Seems like a good balance to me.


      So yes, it is purposeful, free market for big business (when free market is in their interest), restrictive, often corporation lobbied, laws governing what consumers can do (within reason) with their purchases. On some issues though, corporations demand almost socialism like protection from government, and they want "free market" principals for workers/consumers, protectionism for them. This on issues like wages, work place safety etc.. Of course, the "within reason" part can be tricky

      I want to stress, in my view this is not corporate bashing. I accept corporations for what they are. A Corporation's job is to make money. Actually, they are obligated to their shareholders to earn some money. As such, they cannot be more greedy (or the term corporate greed), becuase making money is just their thing. If you were a worker who made widgets, and by law you had maximize you widget making ability, would you be greedy for doing so?

      Cheers!
      --
      Argh. The laws of science be a harsh mistress.
    186. Re:Are they for real? by toriver · · Score: 1

      How likely is a movie to open in "Japan, Europe, South Africa, Middle East, Greenland" - ie. region 2 - at the same time?

      Why were those countries put into the same region? Japan even uses NTSC (like USA) instead of PAL (rest of region)!

      The "Cinema distribution argument" can not explain region 2.

    187. Re:Are they for real? by Andrew+Cady · · Score: 1
      The iPod locks consumers into iTunes for online music purchases.
      I'd love to see you try to support that argument.
      I'm not aware of any other online music store offering iPod-compatible files (except allofmp3). However, it's not a matter of argument, but just fact. Is there another?
      I have an iPod and I haven't purchased one thing from Apple's music store. Not only does the reality suggest that I truly am not 'locked in' as you suggest, but I don't even feel like buying from iTunes is my only option.
      I only said locked in for online music purchases.
      I don't expect congress to force Apple to implement playback of every possible format and pay any licensing fees that my be required in the name of "compatibility."
      This is completely different from the solution proposed, which is to allow other companies to release music in direct competition with iTunes. What is so bad about competition? Why should Apple be allowed to avoid it by technical means?

      It is no different than printers using technical means to lock out competing ink cartridges. Why should we allow this? It is not in our interests.

    188. Re:Are they for real? by akadruid · · Score: 1

      At an average office (not mine, i work in central London), I would guess 30-35 is about right here. Perhaps 95% of cars have a inline 4 engine between 1 and 2 litres, diesels are reasonably common, SUVs and minivans (we call them 4x4s and people carriers) are pretty rare for commuters, probably rarer than sports or luxury cars.

      Most common vehicles are the Ford Focus/VW Golf&Jetta size cars.

      Of course the school runs are a very different story, the jams outside schools are probably down to around 10-15mpg, as they are 60-70% SUVs and minivans, doing stop-start journeys.

      We do have a whole class of vehicles here which are pretty rare in the US I think, what you refer to as 'sub-compacts' I think - tiny hatchbacks and kiacars (although we don't have kiacar regulations) such as the Ford Fiesta and Citreon Saxo. They are probably the most common after Focus-size cars, and the cheapest, some as little as $10k USD

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    189. Re:Are they for real? by Heian-794 · · Score: 1

      "well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok."

      While I suppose I could accept this argument for third-world countries where DVDs have to be cheaper that the Hollywood list price on order to sell, I find it ludicrous that the same technology is used to give other regions, such as Japan, a free hand to gouge customers and charge twice as much as the "base price" in the US.

      There are already regulations on shipping software, DVDs, and CDs overseas for just this reason. Why stick it to honest people who have lived in multiple places and want to enjoy all their music and movies, not having to buy dupliucate devices?

    190. Re:Are they for real? by hobbit · · Score: 1

      Well, guess what...it WILL touch you if gas keeps going up.

      That's exactly why it might be a good idea to start re-thinking the existence of jobs that require a person to drive 60 miles a day. Or tomatoes that are imported from god knows where when they are perfectly capable of being grown locally.

      No, your economy is based upon limitless cheap fuel, which is why, although we in Europe are fucked too, we're marginally less fucked than you. See for example http://www.lifeaftertheoilcrash.net/

      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    191. Re:Are they for real? by Alsee · · Score: 1

      has it ever been truly challenged?

      Do you mean a challenge to have it struck down as unconstitutional? It's kinda hard to have a law struck down as unconstitutional until you actually have a case that would hold someone guilty for violating that law.

      As far as I know there has never been any case at all addressing the act of circumvention.

      The only cases I only know of are:
      (1) The printer ink cartridge case which was a 'trafficing' case and which was found not to be covered by the DMCA.
      (2) The garage door opener case which was a 'trafficing' case and which was found not to be covered by the DMCA.
      (3) The 2600-DeCSS case which also derived from the 'trafficking' provisions but which was actually only an injunction and never attempted to find anyone guilty of anything. They considered making an appeal to the Supreme Court to try to strike down the DMCA, but DeCSS and the 2600 hacker magazine were not very sympathetic defendants, and you really don't want to risk getting a bad Supreme Court ruling simply because the judges don't like you. So the case ended with an injunction in place and no conviction on anything and no strikedown of anything.
      (4) There was the Professor Felton case - that one would have been absolutely PERFECT for having the DMCA struck down or neutered. Industry lawyers saw that their precious DMCA was in jeopardy and they went into high gear to get the case OUT of court and prevent ANY ruling relating to the DMCA itself.
      (5) The Elcomsoft case, again a 'trafficing' case. The Elcomsoft product was an EXACT violation of what the DMCA was designed to criminalize. They were guilty as sin under the DMCA. The jury foreman said "Under
      the eBook formats, you have no rights at all, and the jury had trouble with that concept
      ", they found the DMCA to be a really rotten law and it seems that prompted them to go out of their way to reach a Not Guilty verdict on a really lame technicality. Almost certainly a thinly veiled case of jury nullification. So again a potenially good chance to have the DMCA struck down or neutered vanishes in a puff of smoke because you can't appeal to strike it down when you don't have a conviction to appeal. Ironic, by refusing to uphold the DMCA the jury may in fact have prevented it from being struck down.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    192. Re:Are they for real? by John+Whitley · · Score: 1

      Actually, I'd go even further than the grand-parent post did. I think the iPod domination is mostly marketing and hype.

      I'll agree that there are a lot of iPod fanboys/fangirls. I'll also agree that Apple has aggressively (maybe even brilliantly...) marketed the iPod. Nevertheless, your list and random internet gripe-lists on "iPod problems" completely fail to capture the essence of what's great about the iPod's design. You're too focused on ultimately irrelevant (or outright nonexistant) problems to grasp what the iPod does right. And have no doubt, that essentially great design is the foundation that launched the iPod phenomenon -- no mere marketing clout.

      In the historical view, the iPod was the first great MP3 player user interface. There were hard-drive based players before the iPod, but you felt seriously l33t if you could actually find your MP3's on the cursed things. The iPod gave the user a fast, fun, and intuitive interface that followed the KISS principle. This was an astonishing market break for the 1st-gen iPods. Consider also crtical features of the iPod such as blazing fast music transfers and single-cable ease of use made possible by Firewire, as well as the clean UI of iTunes compared to its contemporaries. Apple made the right design and engineering tradeoffs to hit the sweet-spot.

      Moving forward in time, Apple certainly has taken advantage of its first-leader position in the market. Nevertheless, I still haven't seen much in the way of competition that's managed to present an entire package more compelling than the iPod. While you eschew the iPod as "way of life", the fact that it's built a marketplace of add-ons around it means that its feature list is effectively augmented by all of those accessories. What's better, you get to pay for only what you want.

      Finally, the bullet list you present sounds like the sort of thing a bad marketing department comes up with. Bullet lists don't make a great design; they don't make any design. They aren't show-stoppers, they're nits. Likewise, much of Apple's competition is playing the wrong game. They're doing catch-up instead of leap-frog.

      [Your list is also wrong in at least one item: I bought a replacement battery for my 1st gen iPod for about $30+shipping and did the installation myself. Works great with longer life than the original due to improved battery tech.]

    193. Re:Are they for real? by Neoncow · · Score: 1

      It's Wikipedia. NPOV edit war.

  2. So, uh by Anonymous Coward · · Score: 5, Funny

    is Congress cool now?

    1. Re:So, uh by mog007 · · Score: 1

      In a word: no.

  3. Who's Behind The Scenes On This One? by Goo.cc · · Score: 4, Interesting

    What I want to know is, how did this come up in the subcommittee in the first place? If you ask me, somebody's hand is being greased.

    1. Re:Who's Behind The Scenes On This One? by Eric+Smith · · Score: 4, Insightful
      Probably. That's how almost anything gets introduced to Congress. We have the best government money can buy.

      As Winston Churchill said in 1947, democracy is the worst form of government, except for all the others that have been tried from time to time.

    2. Re:Who's Behind The Scenes On This One? by pilgrim23 · · Score: 1

      As with all issues in current human endeavor, this one must be decided by the W.I.S* only W.I.S. has the insight, only W.I.S. has the power, and only W.I.S. can truly decide our future.

      * W.I.S. -acronym denoting a lawyer. Weasels In Suits.

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    3. Re:Who's Behind The Scenes On This One? by mclaincausey · · Score: 1

      Churchill wasn't exactly a populist, though.
      And The USG is not a Democracy, either.

      --
      (%i1) factor(777353);
      (%o1) 777353
    4. Re:Who's Behind The Scenes On This One? by Eric+Smith · · Score: 4, Insightful

      The US is a constitutional republic, which is in a sense a restricted form of democracy. You wouldn't want a direct democracy in a country the size of the US. As Benjamin Franklin observed, "Democracy is two wolves and a lamb voting on what to have for lunch."

    5. Re:Who's Behind The Scenes On This One? by MacDork · · Score: 4, Informative
      Chairman of the subcommittee Lamar Smith.

      Dell, Microsoft, Sony, and Time Warner are among his top 20 contributors who would have a direct stake in the outcome of any government intervention. If you check his PAC contributions, you'll find he also accepted $3000 from the RIAA.

    6. Re:Who's Behind The Scenes On This One? by Anonymous Coward · · Score: 0

      Uh, except for grossly disproportionate representation, sure the U.S. is a "restricted democracy." Ass.

    7. Re:Who's Behind The Scenes On This One? by Koiu+Lpoi · · Score: 1

      Hand?

    8. Re:Who's Behind The Scenes On This One? by graffix_jones · · Score: 1

      I heard a different variation on that saying...

      "Democracy is two wolves and a lamb voting on what to have for dinner, and Liberty is giving that lamb a shotgun."

    9. Re:Who's Behind The Scenes On This One? by Archangel+Michael · · Score: 2, Funny

      mmmmmm, lamb.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    10. Re:Who's Behind The Scenes On This One? by bmw · · Score: 1

      The US is a constitutional republic, which is in a sense a restricted form of democracy.

      Aren't we often closer to being a facist government these days?

    11. Re:Who's Behind The Scenes On This One? by Caseyscrib · · Score: 1
      It's the sad truth, and FYI there's a name for it too. It's called the Iron Triangle. Congress works to pass laws for agencies who employ lobbyiests who persuade congress. In return, the agencies pay for re-election campaigns of said congressmen. The key principle of the triangle idea is that it is a closed system where the people are left out.

      My American Gov't teacher told me that several years ago the teachers union was trying to get congress to pass laws to increase their wages (They had gone several years without a wage increase). After lots of pleading, letter writing, and then being ignored, the union voted to hire a lobbyiest. Within a few weeks, they got their bill passed.

    12. Re:Who's Behind The Scenes On This One? by Art+Tatum · · Score: 1
      Not really. Fascism embodies these characteristics:
      • Appeal to a glorious mythological past
      • Belief that violence is an end of itself, with the result of cleansing the human spirit and exalting mankind
      • Centralized autocracy

      Despite the silly rhetoric, we do not have an autocracy. This is mostly fumes from wild-eyed conspiracy theories.

      No one that I have heard or seen has promoted the view that violence cleanses the human spirit. Our government has, in fact, been quite timid in its military action. With the firepower and technology we have at our disposal, a true attempt at gratuitous blood-letting would leave hundreds of millions dead.

      The United States has no glorious mythological past to promote. The Nazis built up a mythology of the ancient Teutonic pagan warrior-kings who rose to godlike status. The Fascisti in Italy promised a return to a Roman Empire (that never really existed). The Japanese under Tojo believed that they were reviving the glory-days of the warlords. No such historical imagery of ancient pagan warriors is in evidence here.

    13. Re:Who's Behind The Scenes On This One? by mobets · · Score: 1

      Unfortunately, anyone who uses their right to bare arms and defend themselves against a system they feel is unjust gets put in jail.

      --

      It was me, I did it, I moved your cheese
    14. Re:Who's Behind The Scenes On This One? by Carewolf · · Score: 1

      Being a republic just means you have a president unlike a constitutional monarchy that is also a democracy but has a monarch.

      Sorry don't believe everything the republicans tell you. The US is both a republic and a democracy. There is no such thing as "direct democracy" and if there was it wouldn't be called democracy.

    15. Re:Who's Behind The Scenes On This One? by Anonymous Coward · · Score: 0
      The US is a constitutional republic,

      The US is a fascist theocracy.

    16. Re:Who's Behind The Scenes On This One? by Vince+Mo'aluka · · Score: 1

      Considering that the US government is the wealthiest, most powerful, most complex governmennt in the world, I'd hardly make the claim that it's restricted in power. That was nothing but an impossible dream, and the proof is in the pudding: the near-exponential growth of the US government over the past century.

      Power is absolute, by definition. The notion that a government's power can be somehow retained or restricted is nothing but a front-end for the masses. History proves that government can and will break any of its own rules when necessary. Due process for everyone, except when it gets in the way of government. Freedom of association for everyone, but only with government's approval. The right to defend yourself against force, but only with government's approval. The list goes on and on.

      --
      You took his stuff. You pound him.
    17. Re:Who's Behind The Scenes On This One? by Gaijin42 · · Score: 1

      No, we are a republic because of congress, not the president.

      And ancient greece had a direct democracy (for a while anyway). So do many modern small town governments (where everything is passed by referendum)

      It would not be feasable for the US to become a true democracy, but that does not mean that such a thing does not exist.

    18. Re:Who's Behind The Scenes On This One? by Carewolf · · Score: 1

      Sorry, read up on 19th and 20th century politics.

      Let me take a quick example:
      With the current popular queen and crown prince the only republicans in the danish parliament are the communists.

    19. Re:Who's Behind The Scenes On This One? by sambira · · Score: 1

      It all makes sense..

  4. openness, competition by Eric+Smith · · Score: 5, Insightful
    Considering that previous standards (Firewire/USB, Betamax/VHS) have been decided by the market,
    They were decided by the market, but there were multiple competitors making each of those choices, because the standards were available for licensing to anyone at relatively reasonable prices. To a first approximation, the Apple iTunes DRM "standard" is available for licensing to noone. Certainly it's not available to just any company that wants to publish music in the Apple format, nor to just any company that wants to build compatible players.

    If the Apple iTunes DRM scheme was available for licensing on a nondiscriminatory basic, Congress probably wouldn't even consider getting involved.

    could it be that Apple isn't big enough to keep the government out of its industry
    It's not the size of Apple that's invited this attention from Congress, it's their behavior. When Sony and Philips invented the Compact Disc, if they had been unwilling to license the patents to anyone else for manufacture of either discs or players, they would have attracted attention in the same manner. They were smart enough not to do that.
    1. Re:openness, competition by BorgCopyeditor · · Score: 4, Insightful
      How is Apple's own DRM method (i.e., the thing that allows iTunes Music Store to exist) like the patent for CDs? Not at all, that's how. It's not a standard. No one is required to use it.

      Perhaps next you'll tell us why it is only right for the Congress to force Google to allow ads to appear on their site the revenue for which goes to competing search engines. After all, they're as much a "standard" by your definition as iTunes DRM.

      --
      Shop as usual. And avoid panic buying.
    2. Re:openness, competition by agm · · Score: 4, Insightful

      Does this not parallel the behaviour of Microsoft? When will the government step in in a similar fashion and force Microsoft to open up SMB, .doc, .xls protocols/formats etc. If interoperability is the governments desire, then surely forcing MS's hand makes sense?

    3. Re:openness, competition by Anonymous Coward · · Score: 0

      Microsoft already bought 51% of the government and decided they like the idea of distributing their software at a discount to young kids better than showing the kids how to play nice with each other.

    4. Re:openness, competition by hawkbug · · Score: 1, Insightful

      It is a standard when a majority of mp3 players being sold use it.... Face it, the iPod is killing everything else sales wise. As a result, nobody but Apple can legally sell music for it.... That's what it comes down to - because yes, you can convert another lossy format you download to mp3 and put it on there, but you lose quality. So, it's just like CDs in that regard - if Sony made Cd players that only play Sony discs, then Congress might have paid attention back then.

    5. Re:openness, competition by Macadamizer · · Score: 3, Interesting

      Considering that previous standards (Firewire/USB, Betamax/VHS) have been decided by the market,
      They were decided by the market, but there were multiple competitors making each of those choices, because the standards were available for licensing to anyone at relatively reasonable prices.


      Well, at least in the VHS/Betamax case, only the VHS standard had reasonable licensing -- eith Betamax, Sony decided to follow the IBM PS2/Apple model of tightly controlling both the standard and anything made using the standard, the result being the even though Betamax was technically superior, it priced itself out of the market.

      If the Apple iTunes DRM scheme was available for licensing on a nondiscriminatory basic, Congress probably wouldn't even consider getting involved.

      Why should this matter? The U.S. does not have compulsory licensing laws except in a very limited number of cases.

      It's not the size of Apple that's invited this attention from Congress, it's their behavior. When Sony and Philips invented the Compact Disc, if they had been unwilling to license the patents to anyone else for manufacture of either discs or players, they would have attracted attention in the same manner.

      No, if Philips and Sony had not licensed the CD standard, it would have died out (see Betamax, PS2, etc.) and something else would have come along to replace it. The government didn't step in to save Betamax, they didn't step in to try and save Firewire (although admittedly Firewire is not dead, of course), they didn't step in to save DAT -- if CD's had been made too expensive due to licensing, they wouldn't have survived in the marketplace, and maybe we would all be using DAT now -- or maybe somebody would have come up with something even better.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    6. Re:openness, competition by Anonymous Coward · · Score: 1, Insightful

      "SMB, .doc, .xls "

      many other programs write to and read these formats and you don't see MS blocking compatibility left, right and centre in an attempt to stop people doing it.

      The problem with Apple is that they're applying their own protection to material for their own device, and nothing else. It's a one company outfit, from purchase to listening on an iPod. That's a monopoly and Apple needs to realise that it's turning into one of the bad guys, slowly but surely.

    7. Re:openness, competition by nxtw · · Score: 1

      Wrong.
      Wal-Mart, Best Buy, local record stores, etc. are all selling legal music for the iPod. Have you forgotten about the fair use laws that allow us to make personal copies for this purpose?

    8. Re:openness, competition by PedanticSpellingTrol · · Score: 3, Informative

      That's kind of what happens... Sony makes a $0.025 patent royalty on each disc sold.

    9. Re:openness, competition by That's+Unpossible! · · Score: 5, Informative

      Face it, the iPod is killing everything else sales wise. As a result, nobody but Apple can legally sell music for it....

      Even if I ignored for the fact that the iPod actually also plays regular AAC and MP3 files in addition to Apple's fairplay-restricted files -- why the fuck does the government have to get involved?

      This is a market issue. If people were really tied to iTunes and sick of it, they'd buy something other than an iPod. It's not like the iPod is the only digital music device you can buy.

      --
      Ironically, the word ironically is often used incorrectly.
    10. Re:openness, competition by Anonymous Coward · · Score: 0

      What! of course you see MS trying to block interoperability of open versions. What the fuck do you think the whole browser is part of the OS thing was all about. Samba is not SMB so people do buy MS to get SMB. It's because they down open it up.

    11. Re:openness, competition by the+pickle · · Score: 1

      nobody but Apple can legally sell music for it

      I -- and everyone else except you -- must have missed the announcement that Congress passed a law making it illegal to sell AAC, WAV, MP3, and Apple Lossless files.

      Oh, I'm sorry. Did you mean "nobody but Apple can sell DRM-encumbered music for it?"

      My mistake.

      p

    12. Re:openness, competition by wankledot · · Score: 1
      Actually anyone can sell music that works on it, AAC, MP3, WAV, AIFF, take your pick.

      So, it's just like CDs in that regard - if Sony made Cd players that only play Sony discs, then Congress might have paid attention back then.

      God, you're ignorant. You make it sound like it's illegal to make proprietary formats and/or proprietary hardware. Sony can make a CD player that only plays Sony CDs all they want. Just like Nintendo can make a gamecube that only plays gamecube games.

      --
      My sig is blank, I typed this by hand.
    13. Re:openness, competition by Eric+Smith · · Score: 1
      The US government tried but ended up reaching a basically worthless consent decree. The EU seems to be standing up to Microsoft, though. They've demanded open file formats, with a huge penalty per day that Microsoft refuses to comply. Microsoft is trying to negotiate a deal where the format doesn't have to be truly open (e.g., can't be used in free software), but the EU doesn't seem willing to allow that.

      On the other hand, Microsoft is willing to license their audio and video codecs and DRM to consumer electronics manufacturers and publishers, apparently on a non-discriminatory basis, which is much different than Apple.

      I wouldn't trust either company any further than I could throw them, though.

    14. Re:openness, competition by sg3000 · · Score: 5, Insightful

      > It's not the size of Apple that's invited this attention from
      > Congress, it's their behavior

      Of course, some Republicans were aghast at the Department of Justice looking into Microsoft illegally abusing its monopoly. So much so, that all it required was for Microsoft to hire Bush advisor and Christian Coalition leader Ralph Reed as a lobbyist, and to send a few million dollars Bush's way, and the DOJ dropped the case. Done. That obvious case was where Microsoft lied throughout the trial, had more smoking guns an Indiana Jones movie, and showed nothing but contempt for the judge and the rulings. No muss no fuss.

      But now, Congress thinks it's important to go after Apple, who is just starting off in the market. They don't have a monopoly, and their success is far from assured. They are nowhere near the place in digital music that Microsoft is in for operatings systems and Microsoft Office.

      If you don't like Apple's business model. Fine. Don't buy their stuff. But until Apple has been sued and found to (1) have a legal monopoly in terms of digital music, and (2) found to be illegally abusing their monopoly (like you if your iPod stops working if it finds you're not using their word processor Pages), Congress should stay away from nationalizing iTunes or iPods.

      Or, if they can't keep themselves away, they should at least stop calling whatever we have in the U.S. a democracy and capitalism.

      --
      Insert simplistic political, ideological, or personal proselytization here.
    15. Re:openness, competition by Eric+Smith · · Score: 1
      Apple's own DRM method [...] No one is required to use it.
      No one was required to use the patent for CDs either. They could instead make record players, casette decks, 8-tracks, or anything else.
      Perhaps next you'll tell us why it is only right for the Congress to force
      I never said that it was right for Congress to be involved. I only explained why they are. Congress does a lot of things they shouldn't, and in many cases things they don't even have constitutional authority to do.
    16. Re:openness, competition by Anonymous Coward · · Score: 0

      No, if Sony or Phillips had not been interested in others using their tech, it would have been unreasonably licensed, ala Beta (Sony was unwilling to license, or licensed on relatively onerous terms compared to JVC with VHS).

      Same thing is going to happen with Blu-Ray vs DVD-HD. Sony still does the same thing with peripherals for most of its products.

      Have a Sony InfoLithium battery? Good luck charging it with a 3rd-party charger.

      You can buy an iPod (and use iTunes to buy music off of the internet), or you can use something else. There are obviously a few choices of non-iPods that allow the customer more choices, but customers are choosing iPods.

      Where there is no smoke, there's probably no fire.

    17. Re:openness, competition by hawkbug · · Score: 1, Insightful

      Ignorant????? Show me another MAJOR record label selling DRM protected files, that are NOT Apples that wil play on the Ipod. Yes, you can find Indie labels selling non-DRM music, but you can't buy a music file from Napster and play it on an Apple machine. I never said it was illegal to make something proprietary - you're a moron for even suggesting I thought so, because my post sure as hell didn't elude to that. What I'm saying is that it would be better for the consumer if there was a single standard for DRM protected music. Ofcourse somebody can rip a CD to AAC, MP3, whatever and throw it on there - but let's say you bought music online, from Sony's music store, and your Sony music player died and let's say Sony stopped producing their little mp3 music players. Say you had invested $2,000 worth of music, and you wanted to keep using the music files, but didn't want to kill the quality by moving it to another compressed format, like MP3.

      You can't tell me it's not better for the consumer to have the option of using their LEGALLY purchased music on another brand of music player.

    18. Re:openness, competition by hawkbug · · Score: 1

      No I haven't. But imagine you had purchased a ton of music from an online retailer, and you had DRM protected files because that's what the major music labels sell. Then imagine that you wanted to use these on another brand of music player and didn't want to lose the quality by converting them to another lossy format. You'd be SOL. Worst case, say you had purchased that music from Sony for a Sony player and your Sony player breaks. Then imagine Sony not producing them anymore. You'd be serioulsy SOL, and that's what the point of this congressional work is - to make sure the consumer doesn't get screwed.

    19. Re:openness, competition by MidnightBrewer · · Score: 3, Insightful

      Apple does not prevent competitor's music from playing on the iPod, nor does it prevent its iTunes store music from playing elsewhere (albiet the limitation is that it has to be burned to a CD before it can be ripped back to an MP3.) Since the DRM is put there to protect the RIAA's interests, Apple has a legitimate argument for protecting the encryption. For example, they could argue that opening such DRM endangered their business agreement with the music industry and pass the buck to them. Then it's Napster vs. the music industry, and we all know how that turns out.

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    20. Re:openness, competition by Queer+Boy · · Score: 2, Insightful
      It is a standard when a majority of mp3 players being sold use it

      The majority of the digital music players being sold DON'T use FairPlay. The majority of the digital music players being BOUGHT is what uses it.

      As a result, nobody but Apple can legally sell music for it

      Uh, no, first off, Audible also sells content for it, as well as AllofMP3 to name a couple. And when did they stop selling CDs?

      There is nothing about the iPod that mandates anyone use DRM. That's an artificial argument you've created.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    21. Re:openness, competition by hawkbug · · Score: 1

      Dumbass, you know what I meant - there is no MAJOR record label selling un-DRM'd music files for download on the internet. If there were, Apple would be out of business. The record labels would never allow non-DRM music to be legally sold online.

    22. Re:openness, competition by Anonymous Coward · · Score: 0

      That is just the way Apple does things. They make a great technology or take something else and improve it, make it look great, then procede to shoot themselves in the foot by putting so many restriction on it. There is a reason why so much of the world uses PC based computers and hardware. Cause you can do anything you want with it. Sure Apple may keep things nice and secure, but they will never get much of anything until they stop restricting everything. Most people don't want to switch to a Mac/Apple lifestyle. Both my sister and my employer accidentaly bought mac computers then cried to me when none of their old software or hardware worked. I had to explain to them that if you want Mac stuff, you pretty much have to have Mac everything, or none of it will work.
      Sure it may work great, but no one beyond hippie teenagers (and I am 21) and video editing people are gonna want Apple products unless they make it appeal to more peoplw with out all the damn restrictions and proprietary-ness.

      I am gonna go ahead and listen to my MP3s on my Creative, thanks. And I will use my Sony ear-buds, and off-brand tape adapter. Im gonna put my mp3s on it using Creative, Microsoft, or opensource software. And I will hook it to my computer using my Compaq USB hub.

      Sorry if I dont want Apple, Apple, Apple, Apple, Apple, etc

    23. Re:openness, competition by wankledot · · Score: 1
      The fact that a major label doesn't sell music in that format does not mean they are being prevented from doing it. Show me a company that sells Ferraris for $2.50. Wait, you mean there isn't one! That would be better for me as a consumer, I should ask my senator to look into it. Of course it would be better for the consumer, but is it congresses job to make sure companies are doing what's best for the consumer? Your statement that "congress would look into it" led me to believe you thought it was against the law... silly me for thinking congress would be looking into something because of that.

      Something simply being better for the consumer is not a good reason for the US congress to launch an investigation. Last time I looked, there were plenty of alternatives to the iPod, and since popularity != monopoly, congress has no business regulating how apple sells its products.

      --
      My sig is blank, I typed this by hand.
    24. Re:openness, competition by chmilar · · Score: 5, Insightful
      nobody but Apple can legally sell music for it

      I buy songs from eMusic.com for my iPod. eMusic sells unencumbered MP3 tracks.

      The other online music stores could also be 100% compatible with the iPod, by selling unencumbered MP3 tracks.

      --
      Reading Slashdot is ruining my spelling and grammar.
    25. Re:openness, competition by timmyf2371 · · Score: 1
      In this situation because I own a license to listen to the song in question I would feel 100% justified in downloading a 320kbps MP3 file of the same song.

      Inconvenient yes, but well in keeping with the recording industry's policy of "you own a license to listen to the music, not the music itself".

      --

      Backup not found: (A)bort (R)etry (P)anic
    26. Re:openness, competition by hawkbug · · Score: 1

      Yes, there are alternatives - but your ignoring the fact that if a person already purchased XXXX number of songs from Apple and later decided to switch music players, either by choice or because Apple disappeared or exited the market, that consumer is SOL. Why? Because they now have a large number of music files they paid for, which they can't use, unless the find a third party app or use iTunes to convert them to another lossy format, in which case they lose quality for music they legally purchased. Would it be the consumers fault for trusting Apple? Yes. But that doesn't mean the consumer should get screwed if they either want to or have to find a new music player.

    27. Re:openness, competition by BorgCopyeditor · · Score: 1
      I never said that it was right for Congress to be involved. I only explained why they are.

      Looking back, I see that is true. Sorry for imputing a different opinion to you.

      --
      Shop as usual. And avoid panic buying.
    28. Re:openness, competition by hawkbug · · Score: 2, Insightful

      I agree with you 100% - but it would be massively inconvient and costly to prove your point in court after the RIAA sues you for copyright infringement. It's not right, but that's the way the market is working right now. That's why I'm fine with Congress getting involved, as long as they side with the consumer and the rights the consumer should have.

    29. Re:openness, competition by Phillup · · Score: 1

      and that's what the point of this congressional work is - to make sure the consumer doesn't get screwed.

      Actually, the point is to make sure the screwing is done by the congress critters donor.

      Believe me, screwing will be done.

      How dare the market decide something that has already been paid for via "contributions"!

      --

      --Phillip

      Can you say BIRTH TAX
    30. Re:openness, competition by Moofie · · Score: 1

      My ripped CDs work just fine on my iPod.

      --
      Why yes, I AM a rocket scientist!
    31. Re:openness, competition by TheGavster · · Score: 2, Interesting

      they didn't step in to save DAT

      Actually, the government stepped in to destroy DAT. DAT recorders are mandated to make poor copies, whereas audio CDs can be copied perfectly indefinately.

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    32. Re:openness, competition by vanyel · · Score: 1
      To a first approximation, the Apple iTunes DRM "standard" is available for licensing to noone.

      Which is one reason why it's failed in my marketplace. They're riding the crest of people playing with a new toy right now, but when people figure out all the things they're prevented from doing with "their" purchase, it'll become the next betamax.

    33. Re:openness, competition by Ash-Fox · · Score: 1

      Answer: 1) Burn to cd 2) Use Itunes to copy the songs off the CD and shove it into the ipod 3) ??? 4) Profit!

      --
      Change is certain; progress is not obligatory.
    34. Re:openness, competition by Macadamizer · · Score: 1

      Actually, the government stepped in to destroy DAT. DAT recorders are mandated to make poor copies, whereas audio CDs can be copied perfectly indefinately.

      Agreed, that plus the extra "you are going to violate someone's copyright with this technology eventually, so we're gonna add a buck to each blank tape you buy to pay for it" fee.

      Are people sure they want these guys to step in and decide all of the standards out there? I mean, more than they do already?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    35. Re:openness, competition by Scudsucker · · Score: 1

      Vanyel? As in Askeveron or how ever the hell you spell his name?

      They're riding the crest of people playing with a new toy right now, but when people figure out all the things they're prevented from doing with "their" purchase, it'll become the next betamax.

      Dude...you're talking about DRM here...the very purpose of DRM is to limit what you can do with the 'protected content'. You can replace Apple's DRM with Microsoft's DRM, Sony's, or the Grinch's, and it will still be DRM, and it will still limit what you can do.

      Of course, the iPod plays plenty of non-DRM files, like wav's, mp3's and regular aac's, so I don't see what your point is.

    36. Re:openness, competition by Anonymous Coward · · Score: 0

      You don't own a license. There's no agreement, not even a stupid EULA-type thingy. You own a specific copy of a song, nothing more. You have the right to make copies of that original copy that you bought, for personal use. You DO NOT have the right to acquire other copies, even if derived from the same original master source.

      Think about this: say somebody sells cheapshit quality encoded songs for 20 cents, CD quality for a dollar, and audiophile cream in your pants quality for 5 dollars. If you buy the cheapshit version, does that give you the right to download the pant-goo version for free? Absolutely not. They are two different products, with different characteristics, even if they came from the same original recording.

      You bought a specific copy and must pay more if you want to acquire more copies other than generations made directly from your purchased copy. Simple as that!

    37. Re:openness, competition by jeffkjo1 · · Score: 1

      They were decided by the market, but there were multiple competitors making each of those choices, because the standards were available for licensing to anyone at relatively reasonable prices. To a first approximation, the Apple iTunes DRM "standard" is available for licensing to noone. Certainly it's not available to just any company that wants to publish music in the Apple format, nor to just any company that wants to build compatible players.

      This isn't entirely true. One of the big reasons that Betamax failed was because Sony was essentially unwilling to license the technology. Of course, there were other reasons, but that was a big part of it. Perhaps Apple is headed down the same path, although Betamax never dominated the market like Apple does right now (for iTunes anyway)

    38. Re:openness, competition by Anonymous Coward · · Score: 5, Insightful

      Jesus. Can we please cut out the one-company Apple-is-a-monopoly bullshit?

      Everybody loves car analogies, so here's one. Ford makes the Mustang. It can drive on many roads, using fuel from many gas stations. Lots of different companies make accessories for it. But let's say Ford makes a particular accessory that only works with the Mustang. Are they now a monopoly because of this? What a bunch of crap.

      For those who are really slow, it works like this. Apple makes the iPod. It can play many different songs in many different formats. Lots of companies make accessories for it. Apple happens to sell a particular type of music file that only works with the iPod. THAT DOES NOT MAKE THEM A MONOPOLY.

      Can you buy music elsewhere that works with the iPod? Check. Can you buy other players that work with other music? Check. Can you buy cool accessories for those other players? Check. If you want music for your iPod, are you locked into Apple's store? Nope.

      Let's see, with the Mustang... You can buy fuel from many places that works with the Mustang, check. You can buy other cars that work with other types of fuel, check. You can buy cool accessories for other cars, check. If you want fuel or accessories for your Mustang, you aren't locked into Ford stuff.

      Conclusion: you hate Apple almost as much as you hate thinking rationally.

    39. Re:openness, competition by Anonymous Coward · · Score: 0

      There is a serious difference between having a closed standard and having a standard which is created and updated to deliberately stop interoperability.

    40. Re:openness, competition by Anonymous Coward · · Score: 0

      Ashkevron ;-)

      The legitimate purpose of DRM is to keep you from redistributing the content to others, not to keep you from using it yourself as you see fit. On whatever equipment you choose.

      non-standard DRM locks you in to whatever proprietary solution you bought into. It's one of the things that hurts ebooks: if you go to fictionwise.com you have to pick one of a plethora of formats. I only buy the ones that are multiformat, or pdf, because at least that's very widely deployed. ereader.com has their own format, which means they have to have something I want really badly before I'll buy it there. Which isn't very often.

      None of these are standards based, but since there *aren't* any standards, that's the best I can do. When there is an open standard, then the marketplace battle moves to content providers who provide the least restrictions on their content. I suppose that could shake out first, but I think it more likely that a standard drm format will be adopted first.

      I think the primary holdup there is creating a way to assign trust to the software implementing the DRM. You'll never see open source DRM clients because software DRM depends on "security by obscurity". The next level up is making sure that the clients are not going to be the victim of the next decss, exposing all content authorized to that client. That's inherently proprietary, but it's a key management problem. It doesn't depend on the format of the content itself.

      There are still risks for the consumer, but not any more than buying an 8 track in the 70's: the client software may stop being supported, the content provider may no longer be around or licensed to rekey the content to a new drm client.

      But if you have a standardized format, in general, you should be able to provide your "license key", ala typical commercial software today, specify the new drm client you have, and get the drm module for it that will allow access, without having to retransfer the entire dvd/cd/hdmov/3dmov, whatever. I'd have to think about it, but I wouldn't be surprised if things could be setup so that you would have a unique "drm identifier" that all your content is encrypted to so that you wouldn't even have to go back to the content provider --- just some equivalent to a certificate authority that you would present your new drm client info to and they'd give you the module that would let it access your entire collection. The individual content license key would then just be a backup in case of problems with the ca.

      This is getting too long, but fwiw...

    41. Re:openness, competition by BillyBlaze · · Score: 1
      Watch me... A unified, open, universally supported DRM format would rapidly speed the adoption of DRM while simultaneously providing a seamless multimedia experience. Sounds great, right? Absolutely not. Removing the marketing bullshit from that sentence, it would make control of the music industry even more centralized, while keeping the users more ignorant of their situation, which would be worsening at an accelerated rate.

      I really believe it's best overall if the DRM scene remains as fragmented and complicated as it is now - that increases the window of time during which someone might realize that they if just SELL THE DAMN MUSIC without ANY restrictions beyond copyright and the honor system, they'd be bigger than iTunes.

      Right now, the only way to legally obtain music and (somewhat) legally use it on all devices is to buy it on CD. If Congress really gives a damn about customers, they should mandate that online purchases be as flexible as that - which would involve banning DRM outright. But at the moment they won't even strike the legal protection they were bribed to give it under the DMCA. If they intervene to accelerate DRM's adoption, rest assured that their goal is to hasten the death of fair use, and thus screw the consumers.

    42. Re:openness, competition by Anonymous Coward · · Score: 0

      How were they bought without being sold?

    43. Re:openness, competition by rexpop · · Score: 1

      > On the other hand, Microsoft is willing to license their audio and > video codecs and DRM to consumer electronics manufacturers > and publishers, apparently on a non-discriminatory basis, > which is much different than Apple. Agreed MS is fairly open about this, however with MS you are suck using Windows as the platform that you host your music store on because you have to use their Windows Media SDK and License Framework, which only runs on Windows 2003 Server. Gotta maintain that monopoly somehow. Which ever way go you are screwed.

    44. Re:openness, competition by hawkbug · · Score: 1

      As the AC rudely pointed out, yes, you lose massive amounts of quality doing it this way. Do I currently have to do it this way to make it work? Yes. This is why I don't mind the congress stuff, because I don't think DRM will go away. I wish it would and the world would be a better place if it did, but I don't think it will. Thus, the next best thing is having the ability to use my DRM'd file on any player I wish.

    45. Re:openness, competition by willy_me · · Score: 1

      That expired in 1998 or 1999.

    46. Re:openness, competition by Nonoche · · Score: 1

      it's all a matter of proprietary platform and content, which has always been locked. Nobody but Nintendo can manufacture cartridges for their consoles, for instance. Or nobody can sell Hit Clips compatible music but Hasbro. Has this been a problem for anyone before? As long as there are competing platforms, which is the case in the digital music players and online music stores industry, there's absolutely no legal problem in locking your own platform.

    47. Re:openness, competition by iainl · · Score: 1

      Warp? Domino? One Little Indian? K7? Go see Bleep. It's lovely.

      --
      "I Know You Are But What Am I?"
    48. Re:openness, competition by iainl · · Score: 1

      "let's say you bought music online, from Sony's music store, and your Sony music player died and let's say Sony stopped producing their little mp3 music players. Say you had invested $2,000 worth of music, and you wanted to keep using the music files, but didn't want to kill the quality by moving it to another compressed format, like MP3. "

      Then I'd say that

      a) you're a fucking moron in the first place, but more importantly

      b) you're just as utterly, completely fucked right in the arse as you are when Napster and it's "you pay the price of buying music, but you're only really renting it" model goes belly up.

      You've got to be a complete and utter idiot to miss the information about what you're buying before you hand over your money, so none of this should be a surprise to anyone.

      Besides, Apple, unlike many DRM-encumbered sites, allow you to shove all your music out to plain-jane CDDA and then import it anyway. So in the event of things dying, you're not out of pocket, just facing a shedload of work.

      --
      "I Know You Are But What Am I?"
    49. Re:openness, competition by numark · · Score: 1

      But it isn't the government's place to dictate something like that. People are adequately informed ahead of time that iTunes Music Store files can only be played on iPods, and they take that risk of not being able to use it on other players by buying the songs.

      It's just as absurd as saying that, because people bought Beta tapes and later switched to VHS by choice or because Beta players went off the market, that all VCR manufacturers should be forced to have the ability to play Beta tapes on their devices. After all, the consumer has a large number of tapes they paid for, which they can't use, unless they find a used Beta player or use a Beta->VHS system to convert the tapes to another lossy format, in which case they lose quality for the videos they legally purchased.

      (Yes, I know there are a few minor flaws with this analogy. Still, I think it gets the point across well.)

      --
      Want Slashdot headlines on your site? Try SlashHead
    50. Re:openness, competition by MoneyT · · Score: 1

      What happens if I decide to buy thousands of songs in 8-Track format? Or CD? Or Audio cassette? And then switch players later?

      --
      T Money
      World Domination with a plastic spoon since 1984
    51. Re:openness, competition by dogmatixpsych · · Score: 1

      While it is nice that eMusic sells non-DRM'ed MP3s (I have downloaded a number from them myself), their catalog is severely lacking. They do not have the support of many of the labels, which limits their music to more obscure (and often inferior, but not always) music. If this is what you like, then their service is great; however, the quality of many of their songs is often poor. A few of the songs I got from eMusic sounded like someone recorded the songs with a handheld tape recorder and then turned them into MP3s from that.

      So, iTMS songs are DRM'ed but the selection of music (the range and amount) available and the quality of that music is superior to any other online music store (not including places like Amazon that sell CDs of course).

    52. Re:openness, competition by hawkbug · · Score: 1

      Yes, but my point is that not only do you have to do the work of converting, you lose quality - lots of it.

    53. Re:openness, competition by greenG4 · · Score: 1

      And thus far, Apple DOES have the best business model. That's why it's so popular. I'm a recording artist as are many of my friends. Apple's model is the only one who, as some one else said here, looks out for both the artist/label and the consumer. If you don't like the way they do it, then go to the competition. That's the wonder of captitalism. While I would not mind a standard DRM (as long as it is very similar to Apple's) the industry WILL sort itself out based off consumers and competition. That's the way it has always worked. Many have stated they "hate" DRM, but unfortunately for us independant artists, and evev artists with the big labels, it's necessary as a deterent to giving out our stuff for free. And Apple implements this in the best possible way: Protecting the Artists while providing minimum headach to the HONEST consumer.

  5. Congress?! by sulli · · Score: 4, Funny

    Don't they have, like, a War on Terror to support or something?

    --

    sulli
    RTFJ.
    1. Re:Congress?! by BandwidthHog · · Score: 5, Funny

      Don't they have, like, a War on Terror to support or something?

      Does Napster's palpable fear count?

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    2. Re:Congress?! by DarkMantle · · Score: 0, Flamebait

      You mean the War for Oil?

      --
      DarkMantle I been bored, so I started a blog.
    3. Re:Congress?! by Sheepdot · · Score: 1

      Don't they have, like, a War on Terror to support or something?

      Yeah, but they never really got down the War on Internet companies evading taxation, so they're looking for all sorts of excuses for why they should be involved.

    4. Re:Congress?! by davesag · · Score: 1

      that's a war on Terra you are thinking of, and last i looked, US Taxpayers are funding that one. It's it's as successful as the war on drugs has been that'll be money well spent too.

      --
      I used to have a better sig than this, but I got tired of it
  6. A bad idea by waynegoode · · Score: 5, Interesting

    Rick Berman, Dem, CA, is one of the guys behind this. Follow the money. He was the guy behind the proposed legislation to allow hacking people's computers if they were suspected of P2P file sharing. John Paczkowski of Good Morning Silicon Valley referred to him as a "Congressman and Hollywood sock puppet". Is this the guy you want deciding how you will get your music?

    1. Re:A bad idea by kamapuaa · · Score: 0, Troll
      Is this the guy you want deciding how you will get your music?

      I'd prefer to decide for myself, thank you, and this legislation appears to be doing just that.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    2. Re:A bad idea by istewart · · Score: 5, Funny

      He's behind Enterprise, too! That son of a bitch!

    3. Re:A bad idea by silentbozo · · Score: 4, Interesting

      I'd prefer to decide for myself, thank you, and this legislation appears to be doing just that.

      I'm not so sure. Consider that the studios would like nothing more than to shove their brand of DRM down your throats. Apple, so far, has played a strange game, simultaneously protecting consumers (by keeping the record labels from arbitrarialy jacking up rates, as they've tried to do in the recent past) while preserving a semblance of DRM to placate the labels.

      There's only one problem - the labels aren't making enough money. Thus, you have this legislation, which attempts to open up Apple's private playground, which they have neatly tended and grown, to every bozo with a contract to sell music. Why is this a problem?

      Well, currently, if you really want to sell music to play on the iPod, and you aren't Apple, you can sell non DRMed tracks. Apple likes this because they don't have to worry about DRM compatibility issues. They can just focus on selling iPods and music from the iTunes music store. The instant you start adding other DRM sources, you add complexity, and you make it more likely that Apple will get blamed if something breaks. Moreover, the instant you have other people using and relying on this DRM, the more likely that it is that they will attempt to dictate what level of restrictions are available through Fairplay. Can you imagine Napster arguing that you should only be allowed to burn a track X number of times? (at the behest of the record labels, of course)

    4. Re:A bad idea by Dachannien · · Score: 1

      First, that's Howard Berman. Second, neither the articles you linked to nor the article linked in the OP makes the connection between him and this proposal.

      If Berman were involved, then instantly I would think that there was some "greater of two evils" motive behind supporting legislation in this case, and I would have to put myself in opposition. But without that connection, based purely on the intuition I get from what I've read so far, I have to say I'd rather have mass interoperability, though I think it's probably a bit early for Congress to get involved.

    5. Re:A bad idea by Anonymous Coward · · Score: 0
      Your argument is completely illogical and demonstrates a blind devotion to whatever Apple does.

      We're supposed to appreciate that Apple uses a proprietary format that they won't let other companies license, locking users into the currently-dominating iPod?

      And believe that multiple formats of music would somehow be more complicated?

      And believe that other companies should offer music in the MP3 format (not Apple for some reason), even though of course labels would never allow that?

      And believe that open standardized formats lead to splintered formats (like the CD???)?

      None of that makes any sense, and yet your post is modded insightful.

    6. Re:A bad idea by Alsee · · Score: 1

      There's only one problem - the labels aren't making enough money.

      Ummm, in who's oppinion and by what standards?
      LOL.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:A bad idea by iainl · · Score: 1

      It's a fundamental principle of a Public Limited Company - no amount of money is "enough".

      --
      "I Know You Are But What Am I?"
  7. The government should keep it's hands off. by karmatic · · Score: 5, Interesting

    I hate DRM. I hate it with a passion. However, if the answer is "more government interference", you are asking the wrong question. The market should be making these decisions.

    Personally, I would like to see the DMCA go away; however, any restrictive form of DRM you can think of is fair game. Don't take away your right to make it, and don't take away my right to break it.

    1. Re:The government should keep it's hands off. by Sqwubbsy · · Score: 0

      Personally, I would like to see the DMCA go away; however, any restrictive form of DRM you can think of is fair game. Don't take away your right to make it, and don't take away my right to break it.

      Is this a parody? Seriously, you understand that stealing is a crime and protecting your property is not. Or were you thinking we were in another country?

    2. Re:The government should keep it's hands off. by BandwidthHog · · Score: 2, Insightful

      Is this a parody? Seriously, you understand that stealing is a crime and protecting your property is not. Or were you thinking we were in another country?

      Is this a parody? Seriously, you understand that stripping DRM from a file to play it in my car MP3 deck should not be a crime and that violating terms of service is not any sort of theft. Or were you thinking we were in another country, comrade?

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    3. Re:The government should keep it's hands off. by Anonymous Coward · · Score: 0

      Breaking DRM is not copyright infringement. It *might* abet copyright infringement, but that doesn't make them the same act. It also often does not abet infringement.

      Btw, who said anything about property? We were talking about music. Oh, right...

    4. Re:The government should keep it's hands off. by karmatic · · Score: 2, Informative

      You misunderstand me. There are a number of rights I have with materials I purchase. I have the right to phase-shift, time-shift, make excerpts, etc.

      Since I have those rights, the only "management" that can be done by a copyright holder is to take them away (I've yet to see DRM that added rights without taking anything away). I feel copyright holders should be free to create whatever DRM they want to try to limit how I can use their works, since I do not believe it would be ethical for me to tell them what they can do with their own works.

      Likewise, I do not feel that they should have legal protection when they try to take away my legal rights. The government should back off and let the market decide.

      Note: I did not say anything about repealing copyright. Breaking DRM, then infringing copyright is still infringing copyright. I just don't believe DRM should be legally regulated, protected, or prohibited.

    5. Re:The government should keep it's hands off. by rpozz · · Score: 1

      If you don't like the restrictions, simply don't buy it. If you really want music, pirate it. Don't bother breaking DRM - it'll just be updated and you'll end up annoying both the consumers and the music industry. In the long run little will be achieved.

      Anything like Trusted Computing however, which pushes DRM in your face is fair game though.

    6. Re:The government should keep it's hands off. by Sqwubbsy · · Score: 1

      You are free to do business with others, should you choose. You don't have to use their service. And other services are available that don't restrict.

      Besides, all anyone has to do is burn a standard CD and then re-rip to MP3 (if there isn't already a codec to go straight through). I don't know how that would violate any TOS. That should be protected under fair use without 'cracking' any DRM.

      I was talking to 'breaking' DRM not using as you see fit. Too subtle, I guess.

    7. Re:The government should keep it's hands off. by Travelsonic · · Score: 2, Insightful
      Is this a parody? Seriously, you understand that stealing is a crime and protecting your property is not.
      Seriously, did you get that line from the MPAA "Piracy: It's a Crime" trailer, or something? The isue behind DRM and music has nothing to do with theft ("Stealing" ISN'T EVEN A LEGAL TERM, THEFT IS. besides, copyright infringement is not a form of theft, although it IS illegal.), but instead about whether or not we have to deal with people deciding for others to use a format that risks (or already has) restricting fair use rights because people are abusing a system. How would you feel if you and a group of friends were told that you can't do something harmless (in this case, making a backup copy of a CDs) because people were abusing this? You are basically getting punished for something you could *potentially* do, EVEN IF you don't plan to commit the crime, it is pure industry bullshit.
      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    8. Re:The government should keep it's hands off. by jacksonj04 · · Score: 1

      I'm with you on this. I have an iPod, I use iTMS and I don't bother stripping the DRM. Why? Because it works for what I do, and until I need to do something else with my music I will refrain from stripping DRM. After all, it's not like it actively stops me from doing work.

      Trusted Computing Initiative, on the other hand, would get between me and my work. Who would run TCI? Would Microsoft be responsible for looking after the component database? Or Intel? Perhaps a 3rd party?

      I trust Apple, who have the decency to control their format and take the flak if it screws up (There's nobody else to fork the blame onto), more than a badly thought out 'consortium' of companies.

      --
      How many people can read hex if only you and dead people can read hex?
    9. Re:The government should keep it's hands off. by mellon · · Score: 1

      Violating terms of service is a contract violation. So no, it's not theft. It's lying.

      BTW, in communist China, copyright law, such as it is, is only enforced when it's convenient, which means that by and large any money you make producing music is made by means other than sales of music. So your "comrade" remark is backwards - you are the one who's advocating the communist way; the person that you're criticizing is taking a more capitalist position.

    10. Re:The government should keep it's hands off. by Anonymous Coward · · Score: 0

      When did he say anything about stealing? DRM - at least the type they try to push at us - limits the ability of a person to do WHAT THEY WANT WITH IT. If I buy a song from iTunes, I want the right to transfer the license to someone else. Transfer!=copy. When the media gets it's respective heads out of their asses and realizes that I want my first sale rights (amongst others) and provides me with a form of DRM that protects the rights of both the licensor and the licensee, I will actually start buying music and movies again. In the meantime, I will continue what I am currently doing: a subscription to Netflix, a Tivo, and my old CD collection (which I have not added to of my own free will since the day the RIAA sued Napster).

      Incidentally, in the years previous to Napster I purchased 25 CDs (between the ages of 10-17 or so) ... between the time Napster came out and I stopped buying CDs, I had *300* CDs - all perfectly legal. And my "ability to purchase" didn't increase - I was just exposed to more good music.

    11. Re:The government should keep it's hands off. by BandwidthHog · · Score: 1

      Often whenever I'm heading out on a road trip I'll burn a CD or three for the drive. I'll put a hundred or so songs on each disc, only to find out that the songs I bothered to legitimately purchase are missing. To me, that's rather ironic.

      And that's a large part of the reason that I no longer use the iTMS. I scrounge my boss's Diet Pepsi bottle caps, but that's it.

      No, there is not, that I'm aware, a simple codec to do what you suggest. Wouldn't that be the 'breaking of the DRM' to which you refer, which I am calling 'using as I see fit?'

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    12. Re:The government should keep it's hands off. by BandwidthHog · · Score: 1

      Actually, my rather snarky 'comrade' remark was intended to evoke Stalinism, not classical Marxism as is ostensibly practiced in Red China. It was meant to point out how authoritarian his post sounded.

      --

      Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?
    13. Re:The government should keep it's hands off. by poot_rootbeer · · Score: 1

      The market should be making these decisions.

      If you mean consumers when you say market, I agree with you.

      The media industry shouldn't be telling me how I may listen to music. And it's for damn certain that the government shouldn't be telling the media industry how to tell me how I may listen to music.

      Who should decide how I may listen to music? ME.

    14. Re:The government should keep it's hands off. by Zorbie · · Score: 1

      Here's an easier and should be more logical way to make the conversion, without even burning a CD. 'burn' the cd to an image file, then open the image in Daemon Tools, etc and rip it back simple enough... painless even.

    15. Re:The government should keep it's hands off. by Anonymous Coward · · Score: 0

      Stripping DRM being a crime is one thing, and violating a terms of service agreement is another. A TOS agreement is a private contract and people and businesses can make any kind of contractual agreements that both parties are willing to consent to.

    16. Re:The government should keep it's hands off. by Alsee · · Score: 1

      Anything like Trusted Computing however, which pushes DRM in your face is fair game though.

      By then it's pretty well too late. You'd pretty much need to disect a booby trapped self-destructing CPU and read out your key with an electron microscope.

      Coming soon to a computer near you, Summer 2006!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:The government should keep it's hands off. by Alsee · · Score: 1

      Finally! A sane voice of reason! Someone who actually understands copyright law!

      Yep, back in 1997 before the DMCA was passed there was no copyright law at all. Eliminating the DMCA would mean wiping out copyright. Eliminating the DMCA would be saying it's ok to steal.

      Yeah yeah, some people complain that the DMCA absurdly and unjustly makes that innocent NONINFRINGING into felons, but the only alternative would be to eliminate all copyright. Given a choice between making innocent noninfringing people into felons or eliminating copyright, well we'll just have to go with making innocent people into criminals because that's better than eliminating copyright. Too bad there's no alternative where we could eliminate the DMCA and keep copyright law and copyright protection and only prosecute people who actually commit copyright infringment. Yep, a real shame we can't do that.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    18. Re:The government should keep it's hands off. by incabulos · · Score: 1

      I'm still waiting on the edge of my seat with anticipation to hear some ignorant putz equate breaking DRM to stealing CDs from a shop.

      How can I steal something that I own? Are you a criminal for locking up your car at night, and then unlocking it when you want to use it?

      There is a reason why noone is buying the lies despite the volume of propaganda that the content cartels are pumping out - its obvious even to children how false and utterly without merit their claims are.

    19. Re:The government should keep it's hands off. by This+is+outrageous! · · Score: 1
      I have the right to phase-shift

      Hey kid, I have the right to Fourier-transform. One better!

      --
      This is...

      O
      U
      T
      R
      A
      G
      E
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      !

  8. Dead Wrong by NEOtaku17 · · Score: 1
    "Could it be that Apple isn't big enough to keep the government out of its industry?"

    No it's because Apple is too big to keep the government out of it's industry.

    1. Re:Dead Wrong by GrahamCox · · Score: 0, Offtopic

      You actually quote a correct use of "its", then go and fuck up your own "its" by sticking an unwanted apostrophe in there. If you can't even learn by simply copying someone else's correct writing, then clearly there's no hope that even the dimmest slashdotter will ever improve himself.

    2. Re:Dead Wrong by Anonymous Coward · · Score: 0

      Yes, we know that a few minor erorrs in presentation is far more relevant than that content of the post itself.

  9. Standards by Anonymous Coward · · Score: 0

    Please, pick one (the better) and stick to it.

  10. is it me? by Ishkibble · · Score: 2, Funny

    or does

    "Napster's CEO..." just sound farked up

    1. Re:is it me? by thenextpresident · · Score: 1

      Dude, did you RTFA? Did you Read the original /. post?

      No, you didn't.

      First, Napster's CEO wasn't their. The CTO was.

      And read this: "William Pence, Napster CTO, told the subcommittee that the music industry will eventually promote interoperability itself without the need for government intervention."

      I'm sorry, so just to be clear: You are supporting the government in this case? You want them to regulate this.

      --
      Jason Lotito
  11. No way this is going to work by ksaville00 · · Score: 2, Insightful

    I really think Napster should stop complaining with apple, make their music player, its not apple's fault they have the half the market. It was just really good advertising and a good player.

    1. Re:No way this is going to work by Anonymous Coward · · Score: 0

      Its its fight againsty napster... Apple has much more than 50%... more like 90%. They have approximately 55% of the hard drive based MP3 player market. With the shuffle in place... they probably have a totaly of 75% of the player market.

      More amazing is the fact that they managed to do this without exploiting an illegal monopoly to achieve that goal... like some companies I know.

    2. Re:No way this is going to work by Anonymous Coward · · Score: 0

      Oh. And here I was thinking that we were supposed to hate companies that took plays from Microsoft's playbook. My mistake.

    3. Re:No way this is going to work by Anonymous Coward · · Score: 0

      This is about all DRM in general. The congress mentioned Apple's name because it's the biggest player and both the slashdot summary and TFA make it appear as if the US Congress if making a law specifically to force Apple.

    4. Re:No way this is going to work by thenextpresident · · Score: 1

      Dude, did you RTFA? Did you Read the original /. post?

      No, you didn't. Because if you did: Where is Napster complaining in the article and saying that the government should get involved against Apple.

      And read this: "William Pence, Napster CTO, told the subcommittee that the music industry will eventually promote interoperability itself without the need for government intervention."

      I'm sorry, so just to be clear: You are supporting the government in this case? You want them to regulate this.

      --
      Jason Lotito
  12. Emerging market should be decided by the market by amichalo · · Score: 5, Insightful

    This is a no-brainer

    The digital music market is just emerging - why legislate a standard? Who knows what the market will look like ten years from now (arguably twice as long as the market as even existed)?

    In addition, this is a global market issue. How would their legislation be inforced globally?

    I live in the Fort Worth/Dallas Metroplex where congress, through the Wright Amendment, put restrictions on South West Airlines so it cannot fly directly to DFW International unless the flight originates from within Texas or a bordering state. This type of legislation is (IMHO) rediculous and flies in the face of economic forces.

    To return to topic, the CEO of Napster has this one right, there is no need to legislate a standard, open or otherwise. The market will determine it.

    Fast forward X years when a monopoly exists (today there are at lease two clear choices for DRM, Fairplay and WMA, neither of which is a monopoly). In the even of an abusive monopoly, then, and only then, should the government be involved under the flag of protecting the rights of Her citizens.

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
    1. Re:Emerging market should be decided by the market by ptbarnett · · Score: 1
      I live in the Fort Worth/Dallas Metroplex where congress, through the Wright Amendment, put restrictions on South West Airlines so it cannot fly directly to DFW International unless the flight originates from within Texas or a bordering state.

      I think you made an inadvertant typo: the airport in question is Dallas Love Field, not D/FW International.

      If Southwest were to fly into D/FW, they wouldn't be subject to the Wright Amendment. Now that Delta has left D/FW and gates are available, Southwest's opponents are advocating exactly that.

      There are exceptions to the Wright Amendment: regional jets with 56 or less seats are not restricted. However, while Continental once offered regional jet flights from Love Field to their hub in Cleveland, they no longer do so.

    2. Re:Emerging market should be decided by the market by kindbud · · Score: 1

      Nitpick: it's Dallas Love Field (DAL) not Dallas-Ft. Worth International (DFW) that is affected by the Wright Amendment. Southwest, in fact, just declined to rent Delta's now-abandoned terminal at DFW. They like DAL just fine, even with the Wright Amendment in place.

      --
      Edith Keeler Must Die
    3. Re:Emerging market should be decided by the market by CODiNE · · Score: 2, Insightful

      To return to topic, the CEO of Napster has this one right, there is no need to legislate a standard, open or otherwise. The market will determine it.

      The CEO of Napster is worried about his own future not Apple's. He needs to lock in as many subscribers as he can, as does every distributer of DRM'ed media.

      Imagine all online stores selling the same files in the same format... yet at different prices. Who makes money? Walmart cuts prices this week, everybody buys there, Napster has a 2 for 1 sale, everybody goes THERE this week. Soon priceline type sites will pop up showing the cheapest a particular song can be bought from a variety of sites, no more loyalty.

      Choice 1 : Allow Apple's dominance to continue growing, opening the possibility of future control by Apple. Has the danger of one company becoming THE largest distributor of media in the whole world, giving them more clout with the content owners and able to re-negotiate for more profit.

      Choice 2 : Destroy any chance anybody has at controlling the digital downloads market. Nobody wants this except content owners, distributers get pushed out and eventually the middle-man is removed.

      Yeah it's pretty clear who's behind this one, and Napster has NOTHING to gain by it.

      -Don.

      --
      Cwm, fjord-bank glyphs vext quiz
    4. Re:Emerging market should be decided by the market by nberardi · · Score: 1

      >> To return to topic, the CEO of Napster has this one right, there is no need to legislate a standard, open or otherwise. The market will determine it.

      Then why is it so important that the EU force Microsoft to open its API?

      Also here is the big question why are most of the people on /. hypocrits when it comes to open standards. They demand that Microsoft open it's API, and even some demand that Microsoft open source Windows, then when it comes to Apple they say let Apple be they are just trying to make a buck, and we shouldn't force a company to open it's product.

    5. Re:Emerging market should be decided by the market by amichalo · · Score: 1

      It isn't hypocracy, it is two different situations:

      [Slashdot readers] demand that Microsoft open it's API, and even some demand that Microsoft open source Windows, then when it comes to Apple they say let Apple be they are just trying to make a buck, and we shouldn't force a company to open it's product.

      Microsoft has created the appearance of an open system, why some accusers claim that Microsoft has two sets of Windows APIs, one for the MS office, IE, etc. teams and one for 3rd party manufacturers. This creates a separate-but-equal inequality on a 'platform' that MS claims to be open to developers.

      Apple on the other hand makes no such 'platform' claim of the iPod or Fairplay DRM. Apple built the software, hardware, and licensed the encryption. They don't claim it to be open so why should a government force them just because they have 60-70% of the market?

      Think of it like this, if the Sony PSP only played Sony games and was a huge hit while only playing Sony games, there wouldn't be an issue, but if Sony says they are opening up the platform so EA can make games for them, but give EA a separate way to interface to the PSP so their games run slower or aren't full featured, then that is unfair competition.

      --
      I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  13. Congress by tylers · · Score: 4, Funny

    Is this really something Congress should be regulating? Is it really worth their time?

    If so, then I guess that means they've already balanced the budget, solved Social Security, and cleaned up the DMCA! Wow!

    Oh, wait...

    Sigh.

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

      Actually they want to make it two months longer to conserve energy. Social Engineering at its finest, no? And, amazingly enough, Congress attempts to further time-shifting . Of course, once enough corporate cash comes in, they'll go back to trying to refulate TIVOs time-shifting manipulative ways.

    2. Re:Congress by Anonymous Coward · · Score: 0

      Ever heard of multi-tasking? Why do you think there are different committees in Congress? Taking on one issue does not mean you can't take on others at the same time. For pete's sake, they are just holding hearings for now.

    3. Re:Congress by nberardi · · Score: 1

      Is the EU regulation of Microsoft something they should be doing? No. It isn't worth the time.

    4. Re:Congress by gseidman · · Score: 1

      This is really a matter of low-hanging fruit (I hope). If Congress can come to a reasonable decision with sufficient support to vote it into law in a reasonable amount of time, why should all the other problems that they can't agree on block it? Sure, all those things are (or should be) higher priority, but they also involve months or years of knock-down, drag-out fights. If nothing else can be considered until the high priority, high controversy items are dealt with, nothing else gets done. (Discussions of the virtues of King Log will be gleefully ignored.)

  14. Betamax/VHS, USB/Firewire are bad analogies by Jagasian · · Score: 5, Insightful

    Betamax/VHS, USB/Firewire are bad analogies because they are open standards that can be hacked to heaven and back without legal ramifications. Hacking Apple's DRM on the other hand, for sake of interoperability, has ramifications due to the DMCA.

    Even if the DMCA technically allows exceptions for circumventing copy-protection for the sake of interoperability, a developer can still bet that they will end up in court if they tried because the DMCA places an extra burden on developers that does not exist with regards to hacking Betamax, VHS, USB, or Firewire. With hacking Apple's DRM, the developer must prove (most likely in court) that the application is only for interoperability, yet does not defeat copy protection... while hacking, say USB to interop with firewire, requires no such proof.

    DeCSS is case in point. It is required to play DVDs with an open source player, yet it can be used for movie piracy.

    1. Re:Betamax/VHS, USB/Firewire are bad analogies by Anonymous Coward · · Score: 1, Insightful

      Please point me to the 1394 5C docs that you claim are totally open.

    2. Re:Betamax/VHS, USB/Firewire are bad analogies by Anonymous Coward · · Score: 0

      Betamax/VHS, USB/Firewire are bad analogies because they are open standards that can be hacked to heaven and back without legal ramifications.

      Actually, they can't. You have to license each of those technologies in order to build an interoperable device. FireWire costs about $1 per device to license.

      However, this licensing happens at a level above the end-consumer, where DRM does not.

    3. Re:Betamax/VHS, USB/Firewire are bad analogies by adzoox · · Score: 1

      The firewire/USB analogy is bad anyway because firewire isn't compareable nor really even competitive with USB 2.0.

      USB 2.0 has merits - firewire has it's merits ...

      The only disadvantage that firewire has is its lack of being on all computers

      But to me, the major disadvantage USB 2.0 has is that it typically needs to be powered and can't maintain stable high speeds like firewire can.

      --
      Yell & scream & rant & rave... it's no use... you need a shaaaave ~ Bugs Bunny
  15. Re:This is nothing new.... by Anonymous+Writer · · Score: 2, Insightful

    Napster complaining about DRM? Did they forget how they became popular in the first place? Pot... Kettle... black.

  16. A single, mandated DRM standard is a great idea... by Anonymous Coward · · Score: 5, Insightful

    ...because you only have to crack it once!

  17. Short-Sighted by Nutsquasher · · Score: 4, Insightful

    If the music/music-player industry wishes to create interoperability, it should be done by the free markets, not by Congress. Betamax was a closed standard, so companies unified and created VHS, essentially killing off Sony's market dominance in the home market (betamax remained very successful for years in the movie/tv/commercial production world for quite some time).

    Forcing Apple to open up its trade secrets/patents essentially gives the message to companies that if you create a highly successful product that lots of people like, we're going to do as we please with it. This will deter entrepreneurs/investors from creating/funding new technologies, and will essentially shoot our country in the foot.

    Another reason why government should stay out of the free markets. Micro-management never works, especially if it's not even the business your in.

    1. Re:Short-Sighted by Anonymous Coward · · Score: 0

      Wow, you've been pretty thoroughly brainwashed! All your evidence is so circular it's laughable.

    2. Re:Short-Sighted by Anonymous Coward · · Score: 0

      There is a format that does not rely on a specific companies DRM. MP3. But with VHS, many people cared enough to take on Sony and Beta. As a rule, the world doesnt give a shit about downloaded music. It is all college kids. Digital music is a small pond, and the RIAA and companies like Apple are the big fish. Until digital music has something to do with people other than college kids, no one will care enough to challange the big fish in any real way.

  18. Are you? by ImaLamer · · Score: 1

    Well, does Fair Use laws (or the DMCA) say that you can even attempt to play Xbox games on the PS2?

    Because last time I checked both copyright law and the backwards ass DMCA allow you to do anything to take advantage of Fair Use (which includes ripping to mp3, AAC or whatever).

    I think what he is arguing is "Don't I own this song?" And the answer that Napter gave him was "no, that's the big secret behind our industry... we are worse than CD's!!!!" (well he should have said that)

  19. un-fucking-believable by flacco · · Score: 5, Funny

    microsoft continues to ass-fuck the computing community without lube, and congress is looking at iTunes? at *ITUNES*?!! WHAT THE FUCK?

    --
    pr0n - keeping monitor glass spotless since 1981.
    1. Re:un-fucking-believable by rpozz · · Score: 5, Insightful

      Apple probably haven't paid their full subscription to congress. A few donations from them and this will all go away.

    2. Re:un-fucking-believable by telstar · · Score: 1
      "microsoft continues to ass-fuck the computing community without lube, and congress is looking at iTunes? at *ITUNES*?!! WHAT THE FUCK?"
      • Their discussion wasn't solely focused on Apple. It would have the largest impact on Apple since they're the biggest player in DRM'd music today ... but they're addressing this and its impact on ALL music stores ... Napster, iTMS, etc.

    3. Re:un-fucking-believable by scubaed · · Score: 1

      You might be a conspiracy theorist if:

      You think M$ has anything to do with this 'issue'.
      You think that the dropping of the M$ case 6 years ago and this are in any way related.
      You think that Apple better start spending some R&D money more 'wisely'

    4. Re:un-fucking-believable by dmarcoot · · Score: 1

      oh that is just inane. and M$ wouldn't be abel to afford a higher "subscription to congress". why would apple need to pay anytyhing in this mater given they are maket leader and CLEARLY M$ and its DRM partners have msot to gain from this.

      your post was one ofa troll

    5. Re:un-fucking-believable by troller+general · · Score: 0

      They were paying their subscription to Congress, but last month they forgot and now none of their congress-people will respond. Of course, had they bought a few individual senators, instead of leasing all of congress, they wouldn't be in this mess, as they would still have those. When you buy senators, you keep them for life. But, it takes a lot more money to fill an iPod, err Congress, when buying individually instead of just subscribing. I learned my lobbying strategies from Napster.

    6. Re:un-fucking-believable by Anonymous Coward · · Score: 1, Insightful

      M$ has anything to do with this 'issue'.

      If the 'issue' is business practices and interoperability problems, then yes.

      Congress considering taking action because of Apple's iTunes is a bit like a security guard walking past some guy currently spraying a mall with automatic gunfire and instead considering seizing a slingshot that is safely tucked away in some kid's pocket.

    7. Re:un-fucking-believable by Anonymous Coward · · Score: 0

      It's because Microsoft comes behind.

  20. Mistake in article... by rsborg · · Score: 2, Funny
    from the article:
    Napster, the main challenger to Apple in the online music market, last year cracked Apple's DRM to make songs from its web song shop compatible with the iPod. While Napster's Pence did advocate a more open approach from Apple, he said mandating one through government was not necessary.
    Shit, I had no idea Napster hacked Apple's DRM!!! (Notice that the paragraph of the article says Napster, but the link talks about the well-known Realmedia Harmony-hack and subsequent recovery by Apple).

    Clearly: Jo "don't know" Best.

    --
    Make sure everyone's vote counts: Verified Voting
  21. What does the GOVT know? by bigbinc · · Score: 0

    They don't what the DRM is? Go play politics on your own time. Leave the tech stuff to the free market.

    --
    ---- Berlin Brown http://www.newspiritcompany.
  22. Since when is proprietary DRM tolerated? by mattgreen · · Score: 2, Insightful

    Wow, talk about an about-face of thought.

    Just because Apple is behind this proprietary DRM scheme doesn't in any way make it acceptable DRM. It is just DRM that sucks less. It still locks you in to a certain platform and forces you to perform contortions in order to unlock the file. If this article was about Microsoft, I'm quite certain everyone would be screaming their heads off about how this should have been done six months ago because anything they ever do is automatically evil. Napster isn't being altruistic by any means, they're just trying to loosen Apple's choke hold on online music. But I can't see how you'd oppose this, because it lets consumers shop around instead of being wedded to one service. Competition will become stiffer, and the online services will be able to compete on a level playing field.

    I'm sure someone will tell me that the market should decide. Fair enough, but funny how that reasoning is contingent upon the company being discussed.

    1. Re:Since when is proprietary DRM tolerated? by argent · · Score: 1

      I'm sure someone will tell me that the market should decide. Fair enough, but funny how that reasoning is contingent upon the company being discussed.

      If Apple was in a monopoly position with a natural monopoly, like an operating system, rather than music which even people in Red States can figure out that if you can hear it you can copy it... so there was no way the market could work... sure.

      But since they're not, I'm not sure what your point is.

      I mean, Microsoft *is* doing the same thing with WMP, but they're doing it in a way that locks you into Windows, imposes DRM that can override your own ability to run your own software on your own computer (there was a story a while back on one of the Microsoft employee blogs about a guy who coldn't read Microsoft documents because he was running Windowblinds to theme Windows... and the DRM decided he was trying to break DRM and refused to run). Apple's not doing any of that, they're not locking labels or artists or anyone else into exclusive contracts, and you can always "Rip, Mix, MP3"... which you might not be able to do if WMP gets a "broadcast flag" watermarking scheme...

    2. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0

      Apple has the dominant position in both music downloads and portable players. It further uses those two positions to reinforce each other, by actively breaking the use of rival DRMed music on its players and making its DRMed music unplayable on alternative players.

      If our government actually bothered to enforce antitrust law anymore, Apple would be smacked down hard for doing this; it's grossly illegal. Microsoft's anticompetitive tactics in operating systems were genteel discouragement compared to this blatant flaunting of the law.

    3. Re:Since when is proprietary DRM tolerated? by kollivier · · Score: 4, Insightful
      I'm sure someone will tell me that the market should decide. Fair enough, but funny how that reasoning is contingent upon the company being discussed.

      Regardless of market share, Apple does not behave like Microsoft at all. While Apple has popular market share for iPod, it is not using that market share to *exclude* competitors. For example, it doesn't attempt to force vendors who want to sell iPods to exclude other players from the market, or threaten retribution to those companies who sell competing products. It also doesn't say that if you sell iPods you must also put Macs on your shelves, etc.

      Microsoft, on the other hand, has done pretty much all of these things at one point or another in their history. Consider their OEM agreements with vendors forbidding them to sell computers with other OSes. Consider their attempt to drive Netscape out of business by giving away IE and "integrating it with the OS" (and letting the product stagnate as soon as the competition disappeared). These acts show a company trying to take choice and competition OUT of the market, not providing a BETTER choice. And that's the difference.

    4. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0

      Wrong. Just because Apple doesnt have as baa of a histroy as Microsoft is no reason to treat this as something other than what it is. Apple is doing the same shit as Microsoft. It doesnt matter if this is the first time or if they have been doing this for 15 years, it is still worng. All the MacMinions just wont admit their God isnt the benevolent savior of the technological world. Wow, it's a company with shareholders and and inerest in profit after all. Who woulda though??

    5. Re:Since when is proprietary DRM tolerated? by Queer+Boy · · Score: 2, Interesting
      Napster isn't being altruistic by any means, they're just trying to loosen Apple's choke hold on online music.

      Apple has no choke hold. It was not the first and it is not the only online music store. By popular vote it is the best. iPod is not the first and is not the only digital music player. By popular vote it is the best.

      Apple did not finagle their way into what they have right now, they earned it fair and square by making a great product and doing what people wanted. They have no secret deals they made no shady collusions. I think people are so used to Microsoft's game that they think everyone plays that way.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    6. Re:Since when is proprietary DRM tolerated? by mattgreen · · Score: 1

      So basically, you'd rather Apple be able to lock your purchased AAC files to be only playable on iPods because they haven't engaged in overtly monopolistic behavior? What if you want to switch to another player? Or your iPod breaks? How fair is it that you have to buy another iPod?

      It isn't.

      Like I said, the only reason you people are not screaming for interoperability is because you're fans of them. Personally, I'll take open standards, heck, its not like any of us would be hurt if Apple had to open up their DRM.

    7. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0

      So basically, you'd rather Sony be able to lock your purchased Playstation games to be only playable on Playstations because they haven't engaged in overtly monopolistic behavior? What if you want to switch to another game system? Or your Playstation breaks? How fair is it that you have to buy another Playstation?

      So basically, you'd rather Honda be able to lock your purchased wheels to be only drivable on Accords because they haven't engaged in overtly monopolistic behavior? What if you want to switch to another car? Or your Accord breaks? How fair is it that you have to buy another Accord?

      So basically, you'd rather GE be able to lock your purchased clothes dryer to be only usable with houses that have a 220V line because they haven't engaged in overtly monopolistic behavior? What if you want to switch to another dryer that uses natural gas? Or your dryer breaks? How fair is it that you have to buy another dryer?

    8. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0

      But I dont have to buy Honda gas for my car. Or GE brand clothes for my washer and drier.

    9. Re:Since when is proprietary DRM tolerated? by kollivier · · Score: 2, Insightful
      So basically, you'd rather Apple be able to lock your purchased AAC files to be only playable on iPods because they haven't engaged in overtly monopolistic behavior? What if you want to switch to another player? Or your iPod breaks? How fair is it that you have to buy another iPod?

      Actually, assuming something that I found to be better than the iPod came out, what I'd do is just rip CDs of my music and re-rip them into my new software. Yeah, it's a pain in the ass, but let's be realistic here - any major vendor who wants to make it in the music business has to play with the big 5, and that means DRM. Apple's is actually about the best DRM of the bunch. (And FYI, I don't have any info they've engaged in *any* monopolistic behavior.) The key in my mind is that Apple's ease of use and simplicity sold me. They provide such an excellent service compared to other vendors that I don't mind being "locked in" so much. Apple isn't forcing me into their system; I chose it, warts and all. (Because the other players offer choice, but have their own, IMHO nastier, warts.)

      And speaking of fair, how fair is it that we legislate to Apple that they have to take all the great products that they developed using lots of time and money and start sharing them with their competitors? Their products are their "competitive advantage", and it's how they make money. The fair word is one of those generic "feel good" arguments that doesn't measure up in reality. Fair to whom? Certainly not Apple. It wouldn't be fair to all the engineers and testers and graphics designers, etc., etc. at Apple who slaved over making all this stuff work simply, effectively and seamlessly. How is this "fair" to them? Why do you deserve open access to their hard work? Since when did Apple products and services become a public good?

      I think letting the market decide is fair to *everyone*. If customers and the market want them to open up, then they can provide pressure - buy other players and other services. That will give Apple a (big) incentive to open up. I'm not saying I wouldn't like to see Apple's format opened, I'm saying that no one but the market should be asked to decide it. Congress should not be getting involved because Apple hasn't done anything *illegal* or ethically wrong to harm the other market players. They've just been fiercely competitive. If Apple's competitors have a problem with Apple's behavior, well, make a product and service which tears them a new one! Why isn't this the "fair" way for the market to tell Congress (and Apple's competitors) what they want?

      So, by all means, support open standards. More power to you! But don't *legislate* them on every vendor whose products become an overwhelming success. Legislature is for when the company has done something illegal, not for when they're the biggest kid on the block. IF Microsoft had never crossed the line between being massively successful and being a company hell-bent on blowing competitors out of the water for good, I would be saying the same thing for them. (As unpopular as that may make me on here. ;-)

      Also, it's not nice to generalize with terms like "you people". I don't know who "we" are. Who are you people? ;-)

    10. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0

      Well I'm pissed as hell that all the Honda oil filters I bought don't fit on the new Toyota I drive.

    11. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0

      Regardless of market share, Apple does not behave like Microsoft at all

      You don't think they would if they could?

    12. Re:Since when is proprietary DRM tolerated? by Anonymous Coward · · Score: 0
      While Apple has popular market share for iPod, it is not using that market share to *exclude* competitors.

      Really?

      So if I, as a typical non-geek user of an iPod, do what Apple tell me is The Right Thing [tm] and buy my music from ITMS, then I'm free to change players and my DRM'ed AAC music will play just fine on non-iPods as it does on the iPod?

      What the flock is everyone complaining about the format being proprietary for so?

      Surely this is the issue that Congress is looking at - not the other way around? Its not that Apple is using its player to unfairly push ITMS. Its using ITMS sales to try and force you, upon purchase of your next player, to throw out your music or stick to Apple hardware.

      Why is it that so many /.ers look at this from an "I understand my rights and the ways to avoid beign ripped off, ergo no-one is being ripped off, they're just dumb" elitist POV?

      Face facts - if everyone was as clued-in as /.ers like to think they are, we wouldn't have these issues in the first place. Fact is the general public isn't that smart (hell, /.ers as a collective aren't either , but as individuals you'll probably never believe it) and ultimately isn't Congress supposed to protect them from corporations taking advantage of their stupidity? jc

    13. Re:Since when is proprietary DRM tolerated? by TiggsPanther · · Score: 1

      The thing is that Congress aren't dealing with the actual problem - DRM itself. They're making all the right noises: "interoperability: and "choice", but they're not actually saying anything good with them.

      As I'm sure has been mentioned a lot already in this thread, Interoperability and DRM are mutually exclusive concepts.

      I seriously couldn't care less if Apple cross-licensed Fairplay to other stores/manufacturers. DRM-laced file from Store A can play on DRM-based Player B? So what! Will the license be easily available for other software platforms? Free/Open Source players/systems? Some old player (hardware of software) that has no DRM control?

      Unless this changes then I'm just going to avoid anything with DRM in it as long as I can. I buy CDs, and rip to format of choice that will play (or not) on my player of choice. And if my new Ogg Vorbis file won't play on my old Muvo or MP3-CD player then I re-rip from CD or transcode from FLAC. Job done.

      But unless Congress (or any other government) are going to ban DRM altogether then they should back of and shut up. It doesn't matter if someone's DRM is available to other companies or not. What matters is whether it has any DRM or not. If it has DRM than it is inherantly a restricted format. Opening up the DRM to other companies might make it less restricted, but restricted it will remain. And making Fairplay and WMA work on each others platforms doesn't change that.

      --
      Tiggs
      "120 chars should be enough for everyone..."
    14. Re:Since when is proprietary DRM tolerated? by CAlworth1 · · Score: 1
      you'd rather Apple be able to lock your purchased AAC files to be only playable on iPods because they haven't engaged in overtly monopolistic behavior? What if you want to switch to another player? Or your iPod breaks? How fair is it that you have to buy another iPod?

      In the event you buy another iPod, either you still have the music on your computer, or you just download it again. For free. As long as you have a computer authorized to play music from your account, you can download all purchased songs (its the 'check for purchased music' option in the advanced menu).

    15. Re:Since when is proprietary DRM tolerated? by CAlworth1 · · Score: 1

      Wow i suck, forgot to get to the point - Even when you have all this music then, it can all be run through a program to strip off the drm, or simply burned to cd. Having tried both, yes the cd thing is annoying, but the software is not that hard to figure out. Apple has always put no more than a cursory attempt on stopping potential illegal activities - songs can be gotten off the iPod fairly easily, music can still be downloaded from other users iTunes shares, and iTunes has a built in system to remove the DRM, in addition to the unsanctioned programs out there.

    16. Re:Since when is proprietary DRM tolerated? by mbbac · · Score: 1

      If congress is going to force companies to use one format it should be one without restrictions attached. Most of the readers here simply don't care about DRM which is why we aren't saying this should have been done six months ago.

      Apple probably doesn't care about DRM either which is why they didn't show up.

      --

      mbbac

  23. Look at it another way... by Aphrika · · Score: 4, Interesting

    Can you imagine if HMV, Virgin or suddenly switched to only selling a proprietary compact disc format which only played on their player and had built-in restrictions?

    Sounds a bit like the failed DiVX DVD wannabe we all hated doesn't it?

    Oh, except the player was really good though, so everybody wanted one.

    Well maybe we should look past the white plastic and aluminium exterior, because that's where Apple are now. It may be an end-to-end solution and it may work well, and we may all love them because they're not Microsoft, but they're a business, and they're in danger of becoming the M$ of digital music players. And seeing as how chummy they've got with the music companies (not the artists the companies) and the stunts they've pulled with sharing playlists etc, I'm not sure I like the idea of a Apple (read: recording company) dominated digital music scene.

    1. Re:Look at it another way... by Anonymous Coward · · Score: 0

      Interesting you mention CD's and DRM. What about DRM enabled CD's that do not play in every player?

    2. Re:Look at it another way... by argent · · Score: 1

      Can you imagine if HMV, Virgin or <insert record store here> suddenly switched to only selling a proprietary compact disc format which only played on their player and had built-in restrictions?

      And which you could copy straight over to an open compact disc format, that any player could play, and no existing record store actually sells them, you have to get them in new stores and special kiosks in malls.

    3. Re:Look at it another way... by That's+Unpossible! · · Score: 1

      Sounds a bit like the failed DiVX DVD wannabe we all hated doesn't it?

      Oh, except the player was really good though, so everybody wanted one.


      The player is really good, the store interface is the best (IMHO), the amount of music choices available legally is the best, the software is easy to use, the value is decent, the DRM protecting the files is the least intrusive and annoying of all their (legal) competitors.

      Kind of a different comparison when you actually include all the reasons iTunes/iPod is so popular, eh?

      [blah blah blah] I'm not sure I like the idea of a Apple (read: recording company) dominated digital music scene.

      So don't buy Apple products.

      But no, you want to get the government involved. I just LOVE people that think like this.

      Be careful what you wish for...

      --
      Ironically, the word ironically is often used incorrectly.
    4. Re:Look at it another way... by That's+Unpossible! · · Score: 1

      Sounds a bit like the failed DiVX DVD wannabe we all hated doesn't it?

      No, the DIVX fiasco was destroyed by the market, and not by the government.

      Ahem.

      --
      Ironically, the word ironically is often used incorrectly.
    5. Re:Look at it another way... by Chosen+Reject · · Score: 1
      But then any decent company can make a music-player. The only thing to distinguish them is looks.

      no, I don't have an iPod, I have a creative Nomad old piece of...looks like a cd player...kinda

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    6. Re:Look at it another way... by necrognome · · Score: 2, Insightful

      Stop whining. There are a large number of music services, especially those related to independent label, that will sell you DRM-less mp3s (e.g bleep.com), and these will, of course, run just fine on your iPod. You could also fill your iPod by *gasp*, ripping your CD collection to iTunes in any number of formats. But you have a WMA file and felt the need to cry. What about transcoding, or purchasing a music player (yes there are others) that PlaysForSure(TM)?

      --


      Let's get drunk and delete production data!
    7. Re:Look at it another way... by chocochip · · Score: 1
      ...they're in danger of becoming the M$ of digital music players...

      Yes, because the iTunes store is the only place you can buy music and the iPod is the only music player on the market.

    8. Re:Look at it another way... by Aphrika · · Score: 1

      Hmmm, I suppose that I'd better clarify that I don't think getting the government involved is a good thing at all (especially when they are open to lobbying and all sorts of underhand tricks).

      The player is really good, the store interface is the best (IMHO), the amount of music choices available legally is the best, the software is easy to use, the value is decent, the DRM protecting the files is the least intrusive and annoying of all their (legal) competitors.

      Yes the iPod is good, I own one, I like it. I used to own a godawful Creative slab of junk, it was crap, I threw it.

      What I don't like is Apple changing how I share my music without so much as an acknowledgement of a change like this. Was that the result of industry pressure and if so, how far is it likely to go?

      The danger as I see it is that if Apple continues to run with a closed system that both supplies them with a large chunk of revenue from their hardware sales and relies on content from others, then they're open to abuse plain and simple. To extricate themselves from that, they'll either need to allow other players to use their shop, or allow their players to use other shops, otherwise the music industry that currently feeds them could potentially be their downfall.

    9. Re:Look at it another way... by Queer+Boy · · Score: 1
      Can you imagine if HMV, Virgin or (insert record store here) suddenly switched to only selling a proprietary compact disc format which only played on their player and had built-in restrictions?

      Hmm, except that Audible, WAV, AIFF, Apple Lossless and MP3 formats as well as unprotected AAC all play on the iPod. I don't understand the uproar.

      Apple only has one format, out of 7, that has DRM in it.

      And seeing as how chummy they've got with the music companies (not the artists the companies)

      Yeah, let's ignore all the celebrity playlists and iTunes exclusives. As far as the artists are concerned, they think Apple saved music. It was a warzone of piracy and Apple came and changed all that. To the musicians, Apple is a hero, now people actually pay for the songs when they are downloading them.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    10. Re:Look at it another way... by toddestan · · Score: 1

      Can you imagine if HMV, Virgin or (insert record store here) suddenly switched to only selling a proprietary compact disc format which only played on their player and had built-in restrictions?

      Hmm, except that Audible, WAV, AIFF, Apple Lossless and MP3 formats as well as unprotected AAC all play on the iPod. I don't understand the uproar.


      So, let the special record store player play all your old standard CD's too, then it would be OK? I don't get why Apple's DRM is suddenly okay on the iPod because it can also play some non-DRM'd files too. I mean, Windows Media Player can play my MP3 files just fine, does that make it OK too?

      Fact is, Apple is not going to let anyone else use their DRM'd format, which means you can't (legally) buy a song for an iPod from any major record label and many minor ones, unless you buy it from iTMS. Because that record label is not going to want un-DRM'd files floating around.

    11. Re:Look at it another way... by iainl · · Score: 1

      If it sounds like DiVX (and it only sounds that way because you've left out all the reasons that mean I'd rather go back to a CD Walkman than be stuck with any other company's mp3 player), then perhaps you should remember that we wiped that particular abomination from the face of the planet without any help from Congress whatsoever.

      If you don't like iTunes, if you don't like the iPod, Buy Something Else.

      --
      "I Know You Are But What Am I?"
  24. DRM'd CDs? DVD Region Codes? by White+Roses · · Score: 4, Interesting
    Doesn't this, then, call in to question the issue of DRM'd CDs? If I buy a CD, I expect it to play in my CD player. Some DRM'd CDs won't. So, really, I could buy a CD which wouldn't play in my CD player. That should be of much greater concern to Congress, since that's just blatantly confusing to the consumer. Same with region en-crippling DVDs. Hey Lamar! I bought Red Dwarf season 6 on DVD in England and it won't play here. Wotcha doing for me now? That's right, nothing, because this is all just grandstanding and time wasting.

    If Congress moves to open FairPlay, won't that force the hand of the RIAA, who, in the end, is who all this DRM is for anyway? And, if Congress does this, they'd better open up all the other DRM schemes as well.

    It's nice that Real is defending the market place approach. I suppose they see that if the government steps in here, and takes action against number one, how far behind can action against number two be?

    Apple licenses to whomever they want. Motorola comes to mind, with the iTunes phone. I'm willing to let the market decide this one. If Congress and the Supreme court can find that Apple is abusing some kind of monopoly power, then fine. Of course, look at all the good that did with Microsoft. But Congress is really overstepping bounds on this one.

    There's a whole list of issues in the music industry I'd like Congress to address. Price fixing on the part of the record companies comes to mind.

    --
    Do not touch -Willie
  25. Mix, Burn, Rip by argent · · Score: 3, Insightful

    Christ, Apple told the whole world how to break iTunes DRM in their old advertising campaign. You just need to shift it by one word...

    Yeh, yeh, you may lose some quality, but you already lost some buying it from iTMS or Napster instead of ripping the CD on your own, and you're playing it in your iPod or Rio while you're driving or walking or ... whatever you're doing, you're not in an environment where you're going to notice the loss from ONE burn/rip cycle. Sheesh...

    This whole thing is SUCH a goddamn non-issue.

  26. In other news... by exley · · Score: 1

    Apple has announced that they have filed a lawsuit against Congress just for thinking about this.

  27. Why stop at Itunes?? by Stephen+Samuel · · Score: 2, Interesting

    How about DVD-CSS? or Microsoft's patents on using XML the way that it was designed to be used? or the details on Microsoft's horridly convoluted NTFS? or ......

    --
    Free Software: Like love, it grows best when given away.
  28. Just because... by 3nuff · · Score: 1

    Congress passes law doesn't mean it will actually do anything.

    Once a law is passed it must stand in the court system. If Apple were to make a stand on this, the courts will be the battle field.

    The Shiavo (sp?) case illustrates this well. Congress mandated all it wanted, only to have the court spit in its face.

    --
    "Give me taste, give me funk, give me fury, gimme some more."
  29. Wow look at the all the fanboys by Anonymous Coward · · Score: 1, Interesting


    defending DRM

    DRM is a fundamentally flawed concept and this is EXACTLY the thing goverment should be involved in PROTECTING THE CUSTOMER
    big buisness needs to get slapped into shape at times and the citizen doesnt really have a choice
    imagine if car manufacturers forced you to use ShellOil gas in your car

    1. Re:Wow look at the all the fanboys by Anonymous Coward · · Score: 0

      Gasoline is pretty much an essential product. Music is not and is still available in CD format, genius.

    2. Re:Wow look at the all the fanboys by johnbeat · · Score: 1

      If congress were talking about forbidding DRM in general, instead of just regulating Apple's, I suspect most people here would be fine with it. But Congress loves DRM; they want to strengthen its uses.

      I suspect they're annoyed that Apple pioneered relatively restrictionless online music sales. Apple's DRM is annoying as hell, but it's the least annoying I've seen, and the only DRM I've seen that I'm willing to use, even if only rarely.

      When congress addresses the DMCA's making it illegal to bypass DRM, then maybe I'll trust them to block proprietary DRMs. But right now, I find it hard to believe that they want less DRM.

      When congress addresses music DRM in general and not just Apple's, I might trust them more. But right now, I find it hard to believe that they want to encourage less restrictive DRM over the more restrictive DRM they aren't talking about.

      I suspect that the real worry is that Apple's lock on restricted music for iPods is only going to encourage restriction-less music formats. Because anybody who wants to sell music for iPods can do so without having to pay Apple anything.

      I've bought a couple of albums at mp3tunes.com and had no problem loading them into iTunes and onto my iPod. At least one of those albums was also available on the iTunes Music Store.

      In this case, mp3tunes.com made a sale and the iTMS lost it, because mp3tunes.com sells me music restriction-free.

      I agree with you: big business needs to get slapped in the face over DRM. But that's not what congress is likely to do here, and it isn't what congress appears to be talking about. It is more likely that congress will help other big businesses find new and better ways to screw over consumers.

      What congress is likely to do is make it easier for "big businesses" to sell restricted music for the iPod.

      Jerry

    3. Re:Wow look at the all the fanboys by Warlock7 · · Score: 1

      Ahhh, customer or CONSUMER?

  30. Job's 3rd run-in by ElitistWhiner · · Score: 2, Interesting

    1st NeXT computers were Export restricted because of their DSP capability.
    2nd NeXT Elipitical Encryption was restricted
    3rd Apple DRM-Fairplay is

    Cryptography is the Third rail of computing.

  31. Analogy with car parts law by Anonymous Coward · · Score: 0

    There is a law that helps aftermarket makers of replacement car parts. They are allowed to do that and original car companies cannot do hostile things to them like saying that this automatically voids the warranty.

    1. Re:Analogy with car parts law by Anonymous Coward · · Score: 0

      And that makes it right?

  32. Dear Government (all of them around the world), by Anonymous Coward · · Score: 1, Interesting

    Please back-the-fuck off. Upholding copyright? Fine. I understand that. But deciding on the format and fate of DRM? Fuck off and stay out.

  33. Congress by ifwm · · Score: 1

    I guess they're on to this now that their pet vegetable is dead.

    And people complain about Bush. The real power to fuck up your life is resting in the hands of these idiots.

  34. Microsoft won't let that happen. by YouHaveSnail · · Score: 4, Insightful

    For every proprietary format that Apple has, Microsoft has ten. If Apple is forced to open up it's DRM, why then shouldn't Microsoft have to open up the file formats for Word, Excel, PowerPoint, etc.? And let's not forget the Windows Media file formats.

    If Congress wants to talk about outlawing all proprietary formats, then fine, let's have that debate. If it wants to pick on one particular company that's simply selling copies of music in a format that works on the systems it sells, it should think again because it's standing on a very slippery slope.

    1. Re:Microsoft won't let that happen. by geekee · · Score: 2, Interesting

      "And let's not forget the Windows Media file formats."

      You can license the Windows Media file standard. You can not license fairplay. That's the difference. It would be nice if MS licensed .doc, .xls, etc.

      --
      Vote for Pedro
  35. May not be such a bad thing for Apple by Anonymous+Writer · · Score: 4, Interesting

    If a case is put forward in which an Apple file format has to be opened up for other companies, then it would be a precedent for Microsoft file formats like Microsoft Office files to be opened up for other companies. It could mean that commercially distributed software has to work on different platforms which could probably be done by the use of fat binaries or Java. Also, if Apple's DRM codec and encryption has to be opened up, then wouldn't that be an argument to open up the Windows source code to competitors?

    Whatever legal manoeuvres are used to allow Apple's competitors to get into their digital music market share can also allow Apple to get into Microsoft's OS platform market share. Could that be why Apple didn't bother attending the hearing and are just sitting it out?

    1. Re:May not be such a bad thing for Apple by Sheepdot · · Score: 1

      There's only one problem with this line of reasoning: No one cares about Windows source code anymore.

      Sure, it might initially make it a bit easier for the Samba and OpenOffice teams, but who cares? They do a good enough job already.

      Also, forcing Apple to standardize their DRM is a far cry from forcing them to open their source. Standardization for commercial companies just ensures that they are going to be the ones making the decisions on how the protocol/technology evolves.

      This push by Congress isn't so much about opening up Apple's DRM as it is about getting everyone to use one standard, then forcing them to use it because it's "government approved", then regulating the hell out of it, and eventually maybe even taxing it.

      Apple's making a lot of tax-free money right now, and that just pisses Congress off.

    2. Re:May not be such a bad thing for Apple by necrognome · · Score: 1
      If a case is put forward in which an Apple file format has to be opened up for other companies, then it would be a precedent for Microsoft file formats like Microsoft Office files to be opened up for other companies. It could mean that commercially distributed software has to work on different platforms which could probably be done by the use of fat binaries or Java. Also, if Apple's DRM codec and encryption has to be opened up, then wouldn't that be an argument to open up the Windows source code to competitors?


      This is an assinine idea. How far does the political theory of freeshitism extend? How many platforms must a vendor of (unfortunately) popular software support? Must M$ support as many platforms as NetBSD, or run the risk of lawsuits and children crying to Congress?
      --


      Let's get drunk and delete production data!
    3. Re:May not be such a bad thing for Apple by cgenman · · Score: 1

      Also, if Apple's DRM codec and encryption has to be opened up, then wouldn't that be an argument to open up the Windows source code to competitors?

      This falls down because DRM is not a layer of encryption, where you have some critical piece of data that you must know before you can decrypt a file, but ofuscation, where all critical data is present but the operation of the application is not clear and therefore safe from prying eyes. The application has all of the information needed to download it, it just wants to make darned sure you're sending that audio stream to a hardware sound card and not directly back to the hard disk.

      If you remove the mystery of what is happening with the the DRM you have removed the DRM. That's why there isn't open-source DRM. It doesn't work that way.

    4. Re:May not be such a bad thing for Apple by the_2nd_coming · · Score: 1

      file format... just the formats... tat is not source code.

      --



      I am the Alpha and the Omega-3
    5. Re:May not be such a bad thing for Apple by the_2nd_coming · · Score: 1

      right... and a standard DRM format does not mean that all the files that are DRMed will be the same... Apple could still use AAC and MS could still used WMA.. the DRM will be the same is all.

      in the terms of AAC however, it would open iTunes up to lots of competition as well as the iPod since it would be easy for competitors to make iPod compatible DRMed music and it would be easy to make iTunes compatible players..

      sounds like bad news for Apple if that were to happen, though it would also be bad news for MS because I think AAC would become the standard Music distribution tech rather than WMA.

      --



      I am the Alpha and the Omega-3
    6. Re:May not be such a bad thing for Apple by Anonymous+Writer · · Score: 1

      This falls down because DRM is not a layer of encryption

      You're right, I glossed over that distinction between DRM and encryption. By referring to it as an 'argument', I wasn't implying it was a concrete reason to open up Windows code, but could be one of those obscure legal precedents that could somehow lead to it down the line. In a way, this can be analogous to platform lock-in due to the way software is written.

  36. Go directly to jail, do not pass go, do not ... by katsiris · · Score: 0, Troll
    The main reason I don't have and won't buy an iPod is because I must use iTunes. I'm admittedly not a fan of DRM, but to be forced to use THEIR DRM which, to me, is essentially Apple leveraging one product on the virtual monopoly of another is as wrong as Microsoft or anyone else doing it. So anyone complaining that MS should be opening their source or not bundling IE/WiMP/etc with Windows should also be arguing that this is a good move for congress.

    Of course, the obvious solution would be not to have DRM on people legally purchasing music (since they likely are NOT the pirates and should stop being treated as such), but paranoia being what it is. Those wishing to make a comparison to software anti-copying techniques would be wise to observe that:
    a) Software piracy has not slumped at any point due to increasingly sophisticated routines/methods.
    b) The pricing of software is higher and facilitates piracy more than a 99 cent song.
    c) Those who download and pay for their music are not as likely to turn around and give it away for free as those who continue to download for free.
    d) Online music stores need a better method of sampling songs than 30 second clips. This remains the only (in my opinion, though this will doubtless raise controvery) valid reason for downloading free music: the ability to hear it first.

    Anyway, this is all just my opinion, but while iTunes might have moved things in a better direction than the RIAA's lawsuits, they've still got some things to figure out.

    1. Re:Go directly to jail, do not pass go, do not ... by harlows_monkeys · · Score: 1
      The main reason I don't have and won't buy an iPod is because I must use iTunes

      What makes you think you have to use iTunes to use an iPod? There are plenty of free, open source, programs that can load MP3s onto an iPod.

  37. What about Verizon? by Anonymous Coward · · Score: 0

    Hey do I own those wallpapers/ringtones/games or what?

    I get a new phone and can't move my games there
    because of Verizon's silly DRM (BREW essentially).

  38. Who created this problem in the first place? by Experiment+626 · · Score: 5, Insightful

    The main reason for the interoperability problems in the first place is Congress's own legislation, the DMCA. Without that, there would be many more projects like Hymn that open up DRM'ed formats and promote interoperability. Now Congress is trying to cure one of the symptoms of its previous ill-conceived legislation with... more legislation.

    1. Re:Who created this problem in the first place? by Anonymous Coward · · Score: 0

      I wish the congress would just sit back and do jack shit 99% of the time until there is something that needs addressing on a national level.

      Their job is not to make new laws, and erode freedom with each passing day. Their job is to serve the tax paying citizens of this country, and they seem to have confused this with pandering to the large corporate donors.

    2. Re:Who created this problem in the first place? by wes33 · · Score: 1

      as Plato said:

      they are always fancying that by legislation they will make an end of frauds in contracts, and the other rascalities which I was mentioning, not knowing that they are in reality cutting off the heads of a hydra?

      Republic, Book 4

  39. Why not attack the root of the problem... by yeremein · · Score: 1

    If Napster wanted to, they could sell music that would play practically anywhere--Windows, MuVo, iPod, iRiver, Mac, Linux, you name it, and they could do it today, without Apple's cooperation.

    Just sell MP3s.

    You'd save a bunch on support costs too, for when people's music disappears because they upgraded their computers. And you'd get more business from people like me to don't like to shell out real money for disappearing products.

    But alas, they couldn't do that, because then people could share the music they bought online. Never mind the fact that the music they bought is already being shared online. You should just pay to download the inferior disappearing version instead, because then the RIAA won't sue you.

    1. Re:Why not attack the root of the problem... by NetNifty · · Score: 1

      Not that I disagree with you (hell, I agree with you, what are they worried about? The music being shared online... oh like it is now?), but I doubt Napster have a choice - the media cartels like the RIAA probably won't license them to sell the music unless they put DRM on it.

    2. Re:Why not attack the root of the problem... by sdsichero · · Score: 0

      Heck they could sell RM files if it was that easy. Though of course RM is lacking in quality, at least it is available all over the place...

    3. Re:Why not attack the root of the problem... by toddestan · · Score: 1

      If Napster wanted to, they could sell music that would play practically anywhere--Windows, MuVo, iPod, iRiver, Mac, Linux, you name it, and they could do it today, without Apple's cooperation.

      Just sell MP3s.


      Yeah, and to do that, they'd have to do it without the major record label's cooperation too. Well then, I guess it would be just like the good ol' days!

  40. Backwards by Lord+Bitman · · Score: 1

    No, dont force companies to open their DRM, just make it legal to strip DRM. We want MORE freedom, not LESS.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  41. Shades of Atlas Shrugged by Anonymous Coward · · Score: 0

    Napster: Wah, wah, wah! We can't compete, so do it for us Congress. Wah, wah, wah!

    As I understand it, the Microsoft DRM that Napster uses EXPIRES your music if you don't stay subscribed. I don't know if this is true, but if so, I'd say its a great way to drive AWAY your market, and help the competition. Either way they need to learn to compete IN the market, instead of crying to congress to make them competitive by leveling Apple's hardwon advantage.

    1. Re:Shades of Atlas Shrugged by MDMurphy · · Score: 1

      Atlas Shrugged. That was the first thing in my mind when I saw the posting. Someone's too successful so others try to get the government to do something to force them into giving everyone else a taste.

      While there can be arguements about what Ayn Rand thought about the way things ought to be, she wasn't far off the mark in describing the way things happen.

  42. market Makes the wrong choice? by goombah99 · · Score: 2, Interesting
    I think it is highly arguable if the market makes the right decision. Consider the examples given FireWire/USB and BetaMax/VHS which are dominated by VHS and USB in numbers.

    Were those the best decisions? Arguably Beta was a techincally better standard than VHS. But it was proprietary as well. One way to look at this is to say we got the worse technology because Sony gambled and lost. But another way to look at this is to say the market was cheap-ass and bought the cheaper crappier technology and set a quality standard that was low that the rest of us future generations had to live with. THat is, if people had been willing to pay a bit more everyine could have enjoyed a better standard.

    Its an open question if this race to the bottom that sets the standard results in better cost/quality perfromance in the long run. Was the money saved used for other things that produced other things that offset the lower quality Video forced on us. Perhaps. Who knows.

    but the point is that if you let the market decide it can be a race to the bottom as idiot consumers manage to set the standard at whatever is acceptably cheapest.

    An excellent example of this is mac versus PC hardware. Macs are simply better quality as only idiots deny. But are PC's good enough? There certainly are good PCs, arguably better than macs depending on your criteria. But it's pretty non arguable that PCs are hamstrung by a legacy of crappy standards and crapware from microsoft. It was the race to the bottom that set those standards.

    Would we all have been better off if mac had won the PC wars early on and set a higher standard. I'll tell you my own opinion. Yes defintiely, provided that some competition using the same standard (not a lower one) had appeared.

    So closed standards in my opinion can be much better. Whether they are better in the long run probably hinges on them becoming open standards eventually. the race to the bottom may save cash early on but it saddles us with crappy standards in the long run.

    Now what happens when two competing standards are both open? Firewire and USB are both open. It's not clear USB will win out. USB is better desktop bus but its not a good harddrive bus. THe low-end intel consumer is tending to makedo with USB even for disk drives. Thus it's possible USB will conquer firewire. But I doubt it.

    So based on this annecdote one might decide that open or cheaply licensed standards allow quality to compete against cheap preferences of the unwashed hordes.

    It seems like there ought to be a third way. Someway for a manufacturere that created a quality standard to maintain controll and make some profit, but there sure be an assured path to the public domain for the standard. An anecdote here would be Java. Sun's guadianship of JAVA has allowed it to weather major changes and not fork. But it makes people nervous that sun or whomever buys sun (e.g. SCO) will be benevolent.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:market Makes the wrong choice? by Macadamizer · · Score: 1

      But another way to look at this is to say the market was cheap-ass and bought the cheaper crappier technology and set a quality standard that was low that the rest of us future generations had to live with. THat is, if people had been willing to pay a bit more everyine could have enjoyed a better standard.

      But the VHS/Betamax situation just isn't that simple. It wasn't like VHS was $10 cheaper than Betamax, and everyone was just "cheap-ass" -- the price points were the difference between "I can afford to buy this one" and "this one is right out." If the Betamax, which was better is vitually every respect but price, had been more expensive, but not unreasonably more expensive, then it is likely that it would have been the winner, or maybe we would have two formats -- of course, then there would be all of these interoperability complaints about videocassettes...

      but the point is that if you let the market decide it can be a race to the bottom as idiot consumers manage to set the standard at whatever is acceptably cheapest.

      Yes, that's what happened in the VHS v. Betamax wars -- but it didn't have to be that way. Had Betamaz been "acceptably" more expensive, it probably would have survived and thrived due to high quality. Consumers aren't always looking for just the cheapest possible -- if that were the case, we would all be driving Kias or something -- people will pay a premium for quality. But if the quality product is priced out of reach of most people, those people will settle for "accpetable."

      An excellent example of this is mac versus PC hardware. Macs are simply better quality as only idiots deny. But are PC's good enough? There certainly are good PCs, arguably better than macs depending on your criteria. But it's pretty non arguable that PCs are hamstrung by a legacy of crappy standards and crapware from microsoft. It was the race to the bottom that set those standards.

      A PC can also play a game written 20 years ago using the disks it came on -- can a Mac? But that's besides the point. PC's won out over Macs because of price -- the original Mac could have been the standard, but it was priced so high that for many people, it was a PC or nothing.

      So closed standards in my opinion can be much better. Whether they are better in the long run probably hinges on them becoming open standards eventually. the race to the bottom may save cash early on but it saddles us with crappy standards in the long run.

      But closed standards may not survive long enough to become open standards if the prices are too high. Sure, if the licensing is cheap enough, a closed standard can win out -- like CD's, or even MP3 format. But if the standard developer decides to use their market position to wring every last dime out of their closed format, they will either fail, or become an also-ran.

      Now what happens when two competing standards are both open? Firewire and USB are both open. It's not clear USB will win out. USB is better desktop bus but its not a good harddrive bus. THe low-end intel consumer is tending to makedo with USB even for disk drives. Thus it's possible USB will conquer firewire. But I doubt it.

      Why do you doubt it? Every PC today has a USB port; not many have a firewire port (some do, but certainly not the majority). If USB is not as good as Firewire in some cases, but is both a) acceptable to most people, and b) cheaper, in the sense that PC's already have USB, but you have to upgrade to Firewire, why wouldn't you think it could eventually become the dominant standard (if it isn't already)?

      So based on this annecdote one might decide that open or cheaply licensed standards allow quality to compete against cheap preferences of the unwashed hordes.

      So USB users are the "unwashed hordes?"

      It seems like there ought to be a third way. Someway for a manufacturere that created a quality standard to maintain controll and make some profit, but there sure be an assured path t

      --

      "That's not even wrong..." -- Wolfgang Pauli
    2. Re:market Makes the wrong choice? by Scudsucker · · Score: 1

      A PC can also play a game written 20 years ago using the disks it came on -- can a Mac?

      And this is a big selling point to...how many people?

    3. Re:market Makes the wrong choice? by Macadamizer · · Score: 1

      Probably nobody. I think I only included that because I had just got done reading something that talked about how one thing Apples weren't good at was backwards compatibility. I guess that's what I get for throwing things in at the last intue without thinking them through...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    4. Re:market Makes the wrong choice? by Moofie · · Score: 1

      I'm going to pick a nit.

      "A PC can also play a game written 20 years ago using the disks it came on -- can a Mac?"

      Yes. So what? You're not seriously trying to make this a "Macs r teh sux 'cuz they don't have floppy drives", are you? Guess what. PCs don't come with 5 1/4" drives anymore, either. That's what all my PC games came on 20 years ago.

      --
      Why yes, I AM a rocket scientist!
    5. Re:market Makes the wrong choice? by Moofie · · Score: 1

      " I had just got done reading something that talked about how one thing Apples weren't good at was backwards compatibilit"

      Wow, I think that's a remarkably stupid thing to say. Apple's backwards compatibility is pretty kick ass. Moreso if you consider how many radical architecture changes have happened. (68000 to PPC, Classic OS to OSX...)

      --
      Why yes, I AM a rocket scientist!
    6. Re:market Makes the wrong choice? by Anonymous Coward · · Score: 0

      nice to hear someone with the integrity to comment on a lapse.

  43. Re:DRM'd CDs? DVD Region Codes? by Anonymous Coward · · Score: 0

    I guess if this goes through someone might as well follow suit and demand that MSFT opens up the file formats to the office suite, and the protocols for smb etc etc.

  44. Subliminal Pinky and the Brain message by Anonymous Coward · · Score: 0

    Congress, are you pondering what I'm pondering?

    Yes Mr. Bush, maybe we should pass a law that'll allow us to take over the world!

    Uh.. no we already did that, I was just thinking maybe we should go out for some ice cream or someting. You know for old time's sake.

  45. try to get your facts straight by endoboy · · Score: 1

    Southwest can fly into DFW all they want. The restriction is on Love Field, Dallas's "downtown" airport.

  46. Don't meddle in capitalism by AndreySeven · · Score: 2, Insightful

    I don't agree with Apple restricting their files, because it limits my choices as a consumer, but I don't think that Congress should be able to meddle with capitalism whenever someone whines about it. This could set a dangerous precedent, and should be avoided at all costs.

    --
    University of Washington

    Student

  47. File this under... by Anonymous Coward · · Score: 0

    Naked Congressional Corruption in Action

    Jobs said it best when he noted that consumers today have choices, its just Apple's competitors who don't like the choices they are making.

  48. DRM: An opinion by Travelsonic · · Score: 1

    I do not see why Mapster is complaining, since if you don't keep up your napster subscription, you can't keep the music you "bought." Like mentioned above it expires like a magazine subscription. DRM I think should be ditched. It has been, and most likely always be hacked so it fails, and while it in many cases protects rights while not impeeding on Fair Use, there are companies who have DRM that does this, and maintaining a basic DRM format that allows rights protectuions with some basic fair use reconition is diffucult. Basically some DRM says "you are a criminal" by not allowing ANY copying at all, even when individual users didn't commit a crime, even though there are those that did. Basically, DRM should either be tweaked so it is fair for everybody, or it should be ditched. I am leaning more towards ditching DRM ideas at this time.

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    1. Re:DRM: An opinion by Travelsonic · · Score: 1

      *Napster, not Mapster. Sorry.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  49. sony cd players by emmons · · Score: 2, Insightful

    Probably not, because nobody would have used them.

    The iPod is doing well because it DOES play a standard format: mp3. Too bad that it's not one that's as convenient for everyone, but if there's enough demand for a player that plays more convenient formats, somebody will surely make one.

    --
    Do you even know anything about perl? -- AC Replying to Tom Christiansen post.
    1. Re:sony cd players by hawkbug · · Score: 1

      Yeah, but my point is that you can't buy an non-DRM mp3 from a major artist legally online. It would be great if you could, but that's not reality. Instead of buying music online, you need the CD to rip from. Otherwise, you download them illegally, which is what most people end up doing because if you buy legally from Apple, you're locked into Apple if you want to keep the original quality.

    2. Re:sony cd players by Moofie · · Score: 1

      OK, so if you don't want to be a customer of Apple's, why don't you, uh, not be a customer of Apple's?

      What's the problem here? Are there not dozens of other music players, and many other music stores? Just because the iPod and iTunes are popular doesn't mean they need to be nationalized.

      (Which, of course, isn't even the meat of this story, but whatever).

      --
      Why yes, I AM a rocket scientist!
    3. Re:sony cd players by TiggsPanther · · Score: 1
      Yeah, but my point is that you can't buy an non-DRM mp3 from a major artist legally online. It would be great if you could, but that's not reality. Instead of buying music online, you need the CD to rip from.

      You say that like it's a bad thing.
      OK, so the inability to buy non-DRm mp3 is a bad thing, but having to buy the CD isn't actually a bad thing. you get as near to lossless as you're going to get with the current technology, and (as long as it's not a DRM "CD" you're buying) you can then encode to anything you choose.

      Heck, that way you can use iTune to rip an AAC that's best for that, Ogg Vorbis for XMMS, FLAC for your large hard-drive jukebox and mp3 for your old player that won't play anything else.

      ...because if you buy legally from Apple, you're locked into Apple if you want to keep the original quality.

      Actually no. Any lossy format isn't "original quality". If you want the original quality you need either a lossless format or to buy the physical CD.
      Heck, if you really want "orignal" quality you'll need to break into the studio that produced the master and encode to your format of choice directly from their original source material.

      --
      Tiggs
      "120 chars should be enough for everyone..."
  50. Hardware and Software by Sheepdot · · Score: 1

    The line for whether or not the government should "be involved" seems to be different from hardware and software. If it's a device designed to play music in a format popularized by the Internet, like an MP3 CD player, MP3 players, DVD-Rs, CD-Rs etc; then there's simply nothing the government wants to do or cares to do. After all, these things are tangible, and also taxable. They have to be sold at some point.

    If it's software designed to facilitate the copying and distribution of said formats, it's another story. Think DeCSS for one, also for a while there LAME (mentioned because many websites in 1997-1998 said it was "grey area" legality), Napster, iTunes, Kazaa, BitTorrent.

    Perhaps it's easier to disregard hardware because the human element is still there. In other words, someone can look at a DVD with "Mindhunters" on it, a movie that hasn't even hit US theaters, but has been on BitTorrent for a month-and-a-half now, and think, well, the DVD isn't the problem, the person who copied it is.

    Yet for some reason, Bit-Torrent, iTunes, and other protocols must either be standardized or eliminated because they are inherenetly illegal. It's as if the human element is detached or presumed to not exist. Kazaa? Illegal. DCC file transfers? Illegal. BitTorrent? Illegal.

    When does the madness on the part of my government end?

  51. DRM sucks. Info wants to be free. by rice_burners_suck · · Score: 1
    What Congress should do is make DRM illegal. If you sell movies, there cannot be region coding, encryption, or other measures put into place which prevent users from using the movie. If you sell music, the same should apply. Doubly so for software, which has a way of getting itself entrenched in organizations, where DRM causes enormous problems years down the road, especially if the software maker goes out of business, drops support for the software, or simply has a bone to pick with you.

    DRM is a bad idea. It's bad for suppliers. It's bad for customers. It's bad for partners. It's bad for the government. It's bad for the individual. It's bad, it's bad, it's bad. DRM sucks. Information wants to be free.

    1. Re:DRM sucks. Info wants to be free. by Anonymous Coward · · Score: 0

      You had me until I realized you provided no factual information about why DRM should be made illegal.

      That "Information wants to be free" bullshit won't cut it with anyone that thinks about it for more than three seconds. Cut the wet-behind-the-ears college liberalism and examine why DRM isn't such a good idea to begin with.

    2. Re:DRM sucks. Info wants to be free. by Verminator · · Score: 1

      Spoken like one of the many who has never created anything that anyone would give valuable consideration to own.

      --
      "The more corrupt the state, the more it legislates." - Tacitus
  52. Priorities? by yardbird · · Score: 4, Funny

    I hope this isn't interfering with more pressing issues, like the hearing on Major League Baseball!

    --
    Free, legal music for iTunes users.
  53. I love my DRM-Free iPod mini... by NotQuiteReal · · Score: 1
    Yes, I use iTunes (the software) - you drag and drop MP3 files from your collection onto iTunes, and viola!

    I have no intention of buying anything from iTunes (the website).

    --
    This issue is a bit more complicated than you think.
    1. Re:I love my DRM-Free iPod mini... by katsiris · · Score: 1

      I hear you, but you can't really use any other online music stores with your iPod, can you? I could be wrong, but doesn't Apple have a proprietary and closed DRM scheme which they refuse to license?

    2. Re:I love my DRM-Free iPod mini... by klang · · Score: 1

      I agree totally. Though I would say: I have no intention of buying anything from any online music store unless it's a CD.

  54. iTunes has NO required DRM by rocketlawyer · · Score: 4, Informative
    iTunes has NO required DRM (unless its been decided all digital music must be DRM protected

    iTunes is a software application for managing and playing digital music. Ninety plus per cent of the music that I have, for example, in iTunes is in MP3 format without any DRM, because that is the way I ripped it.

    iTMS (iTunes Music Store) does use DRM, but there is nothing that requires you to get your music from iTMS. It is perfectly simple to buy the music on CD, rip it, and then put it on the iPod. There is no direct tie between iTMS and the iPod.

    The issue is that the iPod only supports one form of DRM, the form used by iTMS. So, if you argue that Apple is tying the iPod to the use of iTMS and the Fairplay DRM, then you are implicitly accepting the argument that the only legitimate digital music is that controlled under a DRM scheme.

    --
    This is not a legal opinion, no representation is expressed or implied.
    1. Re:iTunes has NO required DRM by Anonymous Coward · · Score: 0

      Your mom.

    2. Re:iTunes has NO required DRM by nberardi · · Score: 1

      Here is the jist of the discussion.

      iPod's only play MP3 and AAC (DRM and not), but iTMS doesn't have all the music that other services do, and people wonder why they can't download music from Napster or Walmart to play on there iPod. Microsoft has offered it's hand many times to share the technologies, so iPod's will play WMA, and non-iPods can play AAC. But all times Apple has rejected the deal. Which is totally fine, because eventually market demand will push the looser out of the way.

      However the same argument does apply. Why not let market demand decide the winning OS? Why do we need the EU forcing Microsoft to open it's API? And the DOJ trying to break up Microsoft. This is the same argument that was levyed back in the late 90's from Microsoft supporters, let the market decide the outcome.

      Don't tell me it's different because it's not. iPod accounts for a vast majority of the music player platforms. Just as Microsoft Windows accounted for a vast majority of desktops, the only difference was that you could install another OS on a desktop, you can't do that with iPod. Even though the iPod chipset does support WMA.

    3. Re:iTunes has NO required DRM by katsiris · · Score: 1

      Thank-you, that's more or less exactly what I was trying to get across. Though I did carry it more in the direction of anti-competition with regards to other online music sources.

  55. Congress by nurb432 · · Score: 4, Funny

    Needs to mind its own business.

    Next they will try to mandate daylight savings time...

    --
    ---- Booth was a patriot ----
  56. wait, what? by SideshowBob · · Score: 1

    Government regulation == free markets deciding now?

    Is there anything this congress can't turn upside down?

  57. Cracked DRM by Anonymous Coward · · Score: 0

    It says in the article about Napster cracking Apples DRM to allow Napster's files to be able to be played on the Ipod.

    Is it just me or shouldn't someone be sued? If you or I were to crack the DRM on something the FBI would be at our door. Why is this not so with big business competitors.

  58. Exactly what we need... by Sheepdot · · Score: 1

    ... several hundred old guys, who think they are "down with the Internet" because they can send an email, deciding what the new standards and protocols should be.

    I'd rather let several hundred old guys (with a handful of young'ns) who've been working in the industry decide, as it's always been.

    The best thing about closed DRM models is that they eventually inspire others in the market to release more open models. And how rapidly people will move over to the new format because it works for "everything".

  59. Just Is by Doc+Ruby · · Score: 1

    Interop only within a monopoly, like Microsoft's exclusive "integration", is monopoly abuse. Excluding interop among otherwise open products by agreement among the vendors, a group limited in membership by market forces or collusion, is a cartel. Neither are vulnerable to market selection, which is where the government has a job. Congress already passed lots of laws, now languishing after a century of corporate organization. The proper venue for addressing this would probably be the courts, with an antitrust suit brought by the Justice Department. But this Justice Department loves monopolies and trusts, so perhaps the Congress is the only place to find justice.

    --

    --
    make install -not war

  60. Yes, let the market decide by OverkillTASF · · Score: 1

    Once again, this is how capitalism works. If you don't like Apple's DRM, don't buy apple. Buy the other guy's. If you don't like the other guy's... Then that means both of them have an inferior product. So, what do you do? You enter the market with a new, standards compliant, competing product. If it is indeed superior to the other two, wooha, everyone wants to buy yours. When people complain about the way companies work, and then tell Congress to do something about it, you're basically telling the government that you are helpless, and want them to do everything for you. Capitalism allows consumers to have all of the power. They just have to not be lazy about it. Don't buy it if it sucks, sell your own if there's no suitable replacement.

    1. Re:Yes, let the market decide by Warlock7 · · Score: 1

      The market has clearly already made it's decision. Microsoft and the rest don't like it, so they dump $$$$ into the pockets of ignorant congressmen to get them to go after Apple, the market's choice.

  61. Must use iTunes? by Draconix · · Score: 3, Informative

    No. I have an iPod, and it plays DRM-free MP3s just fine, thanks. Admittedly, Ogg Vorbis support would be nice, but I still don't have to use iTunes. As for music stores, if Apple doesn't want to support WMA and MS's DRM, that's their decision, and if you want a player that will play those files, by all means, get one. No one is forcing you to use iTunes or get an iPod, and this isn't a Microsoft Windows sort of case--you can still get pretty much any music that would be available on pieces of circular plastic that are compatible with a whole lot of things.

    --
    By reading this you acknowledge that you have read it.
    1. Re:Must use iTunes? by sdsichero · · Score: 0

      Is WMP DRM'd file decoding technology available for Apple? Or do you mean if Apple wants to create their own decoder/player? Even for the free player, many WMP files don't work on the Mac side...

  62. Re:This is nothing new.... by Anonymous Coward · · Score: 0

    "William Pence, Napster CTO, told the subcommittee that the music industry will eventually promote interoperability itself without the need for government intervention.

    "It is my belief, and the essential point of my participation today, that marketplace forces will continue to drive innovation in the DRM arena with attendant consumer benefits - new ways to enjoy digital music at a variety of different price points - while also gradually 'solving' the interoperability problem,""

    " While Napster's Pence did advocate a more open approach from Apple, he said mandating one through government was not necessary.

    "Napster believes that allowing the iPod to work with multiple service offerings would benefit consumers. Nevertheless, I do not see government intervention as the solution, as it would stifle competition and innovation that will benefit consumers and copyright owners at a very early stage of the market's development," he told the subcommittee. "It does not seem prudent for government to pick a winner in the continuing... marketplace battle between Apple's FairPlay DRM and its competitors.""

    Read the article before commenting.

  63. NO by Anonymous Coward · · Score: 0

    DRM is bad. DRM by Apple is good.

    Forcing a company to open up DRM is good. Forcing Apple to open their DRM is not cool.

  64. Choice? What about Mac users? by aristotle-dude · · Score: 1
    Is MSFT opening up WMA stores to Mac users? No.

    Oh and another thing, I'm sick of the US congress deciding things for the rest of the world.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
    1. Re:Choice? What about Mac users? by geekee · · Score: 1

      " Is MSFT opening up WMA stores to Mac users? No.

      Oh and another thing, I'm sick of the US congress deciding things for the rest of the world."

      If Apple wants to license WMA so that Mac users can play WMA songs on Macs, there is nothing stopping them. Blame Apple for that problem, not MS.

      --
      Vote for Pedro
    2. Re:Choice? What about Mac users? by aristotle-dude · · Score: 1
      Excuse me but that is where you are wrong. I'm talking about the DRM'ed WMA files and I'm not just talking about being able to "play" them but also being able to "purchase" them without having to use a windows machine.

      As it now stands, WMP 9 for OS X does not support DRM'ed WMA 9 media. Obviously because of this, it does not support the WMA stores.

      I'm guessing your troll was directed at the iPod correct? I'm not talking about the iPod but just being able to "play" them on the mac platform.

      Given that mac users cannot play either Real or WMA DRM'ed media, having the iPod being able to play DRM'ed WMA or Real would have absolutely zero value for me, as a mac user.

      I'm not interested in buying a windows machine for my home again. I switched and I will be damned before I let some assholes in Washington tell me what I can do with my iPod. I'm a Canadian and I did not vote them in. Isn't that a bit like taxation without representation?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    3. Re:Choice? What about Mac users? by mabhatter654 · · Score: 1
      Apple has a free player of iTunes for their windows users...

      M$ HAD one for Mac [along with IE and some othe4r stuff]....and killed it when it was convenient for them to do so. Remember, they're protecting a different monopoly!

  65. Why not both? by cbreaker · · Score: 1

    Not evertything has to be done in series. While there's no big movement against MS in the USA right now, it doesn't mean that the government can't do other things, too.

    I hear the complaint about software all the time. "WHY Not fix xyz bug, instead of this abc bug?!" They could be doing both at the same time.

    --
    - It's not the Macs I hate. It's Digg users. -
    1. Re:Why not both? by aristotle-dude · · Score: 1

      Where have you been? MSFT bought out the government a long time ago. Did you completely forget the anti-trust case?

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  66. Congress should outlaw DRM altogether by skingers6894 · · Score: 1

    If DRM itself were illegal then everything would play on everything.

    Imagine that, then the companies would have to find ways to make you want to buy their product. You know, a level of service and price that makes stealing the product less desirable.

    1. Re:Congress should outlaw DRM altogether by Elenthalion · · Score: 0

      Sorry bro, won't work. In the words of Jack Valentie (President, MPAA) "There is no business model struck off by the hand of man that can compete with free, it can't be done!"

      Besides, they have found ways to make you want their product. They provide functionality or entertainment you desire. That in-and-of itself is a reason to want to buy their product. It's the way the whole captitalism thing works--people want something, so they buy it.

    2. Re:Congress should outlaw DRM altogether by skingers6894 · · Score: 1

      Hmmm,

      The only thing is apparently you CAN compete with free. People buy bottled water. People buy from the iTunes store even thought the tracks are available via P2P networks.

      While it is true they provide the entertainment we desire, they do not currently provide the functionality we desire.

      Looking at the bottled water analogy, DRM is like a cap that makes it possible for you to drink but not pour the water into a glass. Imagine then, legislation that would make it illegal for you to remove the cap. That seems to be what we have now with DRM.

      The entertainment industry don't like the fact that digitization makes it easy to copy things - so they lobby congress and get laws made to turn people into criminals.

      Why is it that this argument always comes down to "Well, if you don't like DRM then you don't HAVE to buy their product" What about a line for the companies "If you don't like the nature of digital media then don't distribute that way".

      The difference is large corporations have big dollars to change the ground rules in their favor, the individual consumer doesn't.

    3. Re:Congress should outlaw DRM altogether by Elenthalion · · Score: 0

      It all comes down to IP (Intellectual Property) and the fact that artists make their living from selling their music. What if someone suddenly found a way to get whatever it is you do to support your family, for free? That would put you out of a job and leave your kids and wife (assuming you have either) hungry. Additionally, taking your music from p2p networks hurts all those other non-artists who work in the entertainment industry. That is material that is owned by somebody, material that somebody put their time and energy into. So why the hell doesn't it seem wrong to anyone to take music off p2p networks? It doesn't make sense. You're stealing!

    4. Re:Congress should outlaw DRM altogether by skingers6894 · · Score: 1

      You make it sound like I advocate stealing. I don't. Reread my last post. I'm just saying that large corporations get to lay the ground rules in a way that we do not.

      I AGREE with paying, but once you have paid you should be able to play where and when you wish.

    5. Re:Congress should outlaw DRM altogether by Elenthalion · · Score: 0

      See, this is what happens when a tired bloke like myself gets into an ethical conversation at 3:31 in the morning. ;-) I miss things.

      I am in complete agreement with you. We all need to pay for the music we download, but yes, once we own it we should be able to do with-it whatever we want. I appreciate the purpose of DRM, but I wish there was a better way.

  67. Information doesn't "want" anything by Anonymous Coward · · Score: 0
    Will you retards stop using that phrase? Fuck, it's a like religious mantra to some of you dumbasses. It's techno-metaphysical bullshit.

    Hey, I think your credit card numbers and Social Security numbers and ATM pin codes want to be free. Hand them over before I call the ACLU, you fascist!

  68. Lawsuits alleging subconscious copying? by tepples · · Score: 1

    You are free to do business with others, should you choose. You don't have to use their service. And other services are available that don't restrict.

    Oh really? If independent musicians make their music popular through DRM-less services, won't the incumbent music publishers file lawsuits alleging subconscious copying? It happened to George Harrison soon after the Beatles broke up.

  69. Great, so will this force DCMA to be killed? by Anonymous Coward · · Score: 0

    Does this mean that Micro$oft will have to open up .PST file formats for exchange mail to be migrated to other mail clients? After all I have my own email it is just a prisoner of .pst files.

    What about other Micro$oft proprietary formats?
    Like Office, Office XML, etc.?

    What about the DCMA? Should the MPAA be restricted from using macrovision and css on DVD's?

    What about the "Broadcast" Flag?

  70. MP3 is patented by tepples · · Score: 1

    There is a format that does not rely on a specific companies DRM. MP3.

    MP3 does in fact rely on restrictions management, as Fraunhofer owns patents on the format. However, s/MP3/Ogg Vorbis/g and your point becomes valid.

  71. Guess who's format the government would pick? by mpaque · · Score: 2, Interesting

    Mmmmmm....icrosoft, perhaps? They have been generous with the campaign contributions...

    Microsoft's license package for the WMA formats and CODECs is interesting. A company signing with them would:

    1) Pay MSFT royalties, of course
    2) Agree to share information on all new products being developed that include the CODECs.
    3) Agree not to sue, prosecute, assist or participate in any judicial, administrative or other proceedings of any kind against Microsoft. This effectively grants Microsoft immunity should any of the licensee's IP appear in a future Microsoft product.

    This hasn't been too much of an issue with companies planning to just build WMA/MP3 players. Item 3 is not an issue in Japan, since the Japanese Fair Trade Commission demanded this clause be stricken retroactively. (Sony got what they wanted...)

    Can you see Apple wanting to turn over prototype hardware and plans for the next release of Mac OS X to Microsoft? How about agreeing to not sue Microsoft should Mr. Softie nick some technology from Apple?

    Didn't think so.

    Now, imagine the government legislating that Apple must license the WMA CODECs and format from Microsoft to remain in the music business. Welcome to the Land of the Free, comrades...

  72. Then solve the problem, not the victims by Paradox · · Score: 2, Interesting

    You think Apple wants to deal with all this DRM shit? They know it's bogus. We know it's bogus.

    Have Congress the the RIAA that we actually get our fair use rights, and that they have to adapt or die to a changing enconomy.

    If Congress did this, Apple would pull their DRM scheme in heartbeats, I garuntee it. They gain nothing except the Record Industry's approval with it.

    --
    Slashdot. It's Not For Common Sense
    1. Re:Then solve the problem, not the victims by Tim+Browse · · Score: 1
      They know it's bogus.

      So why don't they just make it an open standard and let anyone use it for running a music store?

    2. Re:Then solve the problem, not the victims by grmoc · · Score: 1

      I would say that Apple -does- want to deal with all this DRM stuff. It [the DRM stuff] represents a significant barrier-to-entry for new players since new players are unlikely to be able to get their music in the proper DRM format for the hardware, or are unlikely to get licenses to sell the DRM music from the same sources that Apple has.

    3. Re:Then solve the problem, not the victims by Moofie · · Score: 1

      How would that be in Apple's interest?

      --
      Why yes, I AM a rocket scientist!
  73. The gotta do this so when it's pried open by KwKSilver · · Score: 1

    MS can extend, embrace, patent & close it again.

    --
    If you want your life to be different, live it differently.
  74. Are all recordings even available on CD? by tepples · · Score: 1

    iTMS (iTunes Music Store) does use DRM, but there is nothing that requires you to get your music from iTMS. It is perfectly simple to buy the music on CD

    Which would be true if every recording available on iTMS were also in print on conforming Compact Disc Digital Audio. However, many recordings less than 95 years old are entirely out of print.

  75. Out of print? by tepples · · Score: 1

    No. I have an iPod, and it plays DRM-free MP3s just fine, thanks. Admittedly, Ogg Vorbis support would be nice

    MP3s aren't DRM-free. Look at all the exclusive rights that are managed by legit MP3 implementations. Consider switching to an iRiver player when your iPod player's battery breaks down, as iRiver players have a Tremor decoder to support Ogg Vorbis.

    No one is forcing you to use iTunes or get an iPod, and this isn't a Microsoft Windows sort of case--you can still get pretty much any music that would be available on pieces of circular plastic that are compatible with a whole lot of things.

    A lot of recordings available on iTMS are out of print on CD.

  76. LAME gray area by tepples · · Score: 1

    LAME (mentioned because many websites in 1997-1998 said it was "grey area" legality)

    The LAME encoder is still well within that gray area in jurisdictions where these patents apply.

  77. Entry barrier by tepples · · Score: 1

    Then that means both of them have an inferior product. So, what do you do? You enter the market with a new, standards compliant, competing product.

    For one thing, the incumbent companies have all the patents on audio decoder technology and all the copyrights on the musical works and sound recordings. How do you propose getting around this entry barrier?

    1. Re:Entry barrier by OverkillTASF · · Score: 1

      If your open-standards method of DRM seems strong enough to the music industry that the work they see as theirs will remain theirs, they would have no reason not to support your standard, assuming that it's not inferior, and the market shows interest. As everyone has said, the RIAA is greedy. That won't change. However, a few of you smart Slashdotter's who are capable of more than just talk surely can muster up the business sense, find some interested backers for your technology, sell it, and not only make money, but get that open standard out into the market. You have to appeal to their wallets and not their sense of "OMG THE RIAA SUX0rZ!!1111oneoneone". Show them you can make them money, and they'll be interested.

  78. Its petty, but not supprising by ricky_charlet · · Score: 1

    OK, the DRM world is small potatoes compared to Wars on Terror, revamping social retirement and health care systems, and stacking the World Bank.

    But this is about property. That is what governments do... they define, and then protect property. This is meager, but still legitimate business for congress.

    I think that most folks agree that authors should have the right of distribution and owner should have the right of making personal copies. Until the recent digital age, technology agreed with these divisions. But now in the digital age owners have the trivially available technological capacity to either make infinite perfect copies or instantly publish world wide. Our current technological capacities violate the principles our society learned (over centuries) to deal with back when copying and publishing were hard.

    DRM is the foolish technological attempt to make the new world look like the old world (foolish because it will be technologically defeated every time).

    What will change is our society. We will all either begin to believe that authors do not have the right to sole distribution, or that consumers are not owners and criminalize them for copying/publishing. I don't like either of those propositions... but one of them must inevitably succeed to commonly held cultural value status.

    And congress will probably ratify several variations along the way.

    1. Re:Its petty, but not supprising by ohasten · · Score: 1

      "What will change is our society."

      Well said. Profoundly. Since the days of Telidon and Qube the technology has allowed us to be publishers, producers and comsumers and to create our own communities using the awesome power of the personal computer outside of their structures.

      They will either have to regulate (read control) our power or they become irrelevent.

      --
      "You can tell the pioneers by the arrows in their backs"
  79. My main problem with this... by argent · · Score: 1

    My main problem with this is that they'd be much more likely to come up with a solution that makes it harder or more expensive to make an MP3 player, or otherwise screw up, and that whatever rules they came up with some company (whether or not it was Apple) would still end up with some kind of annoying lock on the market.

  80. THIS IS OFFTOPIC by Anonymous Coward · · Score: 0

    When mods attack!

  81. hardware secrets by vlad_petric · · Score: 1
    The only way you can have an opensource DRM is if the hardware is actually capable of maintaining secrets (such as a private decryption key).

    And that means ... TCPA/Palladium ... bwhahaha

    --

    The Raven

  82. linux by marimbaman · · Score: 1

    So when will we be able to legally play DVDs on Linux?

  83. No, congress is a tool. by cryptochrome · · Score: 3, Interesting

    Napster wants to force Apple to open its DRM, so it can offer "competition" in the marketplace for music. In theory, music prices will go down.

    However, try thinking a bit further, and know that they will squeeze every cent they can out of you. Can you guess what will happen if they get this?

    Distributors like Napster will start negotiating EXCLUSIVE agreements with labels. DUH! Except the Labels will probably open their own distribution operations.

    They will charge whatever the hell they want, they will force you to buy the album and not just the song, they will force whatever format or licensing terms they want on you regardless of whether it's compatible with your system. If they can swing it, they will actually exclude the independent artists. Microsoft will get in on this by leveraging windows-specific WMA. So guess what? You'll be screwed far more thoroughly you are now. Especially if you use a Mac. JUST LIKE IT WAS BEFORE.

    The iPod was the carrot and iTMS the stick that forced the music industry to be a part of an eminently reasonable and consistent online sales system. The market Apple built with great effort. Napster and Real are just parasites looking for a piece of the action that Real squandered and Napster used to steal.

    --

    ---If you can't trust a nerd, who can you trust?

    1. Re:No, congress is a tool. by cgenman · · Score: 1

      And what would prevent Napster from negotiating exclusive agreements with labels now? or the iTunes exclusives that have been going around.

      Or, for that matter, what would stop independent labels from selling iPod compatible songs in AAC directly, using nothing more than a catalog of indies, a Perl script, and PayPal? What would stop you from buying music for immediate download at Amazon?

      This is nothing like it was before. The single-source model of iTunes is more of a hinderance than a help. If everyone had the ability to sell DRM encumbered junk, I could probably get my weird Happy Hardcore fix legally directly from the freaky moonshine.com people. All distributers could sell, directly online, cutting out the middlemen. I wouldn't be surprised if iTunes and the like disappeared in favor of GoogleGrooves.

      This would not be like it was before. This would still be a brave new world. Instead of the mega music malls, you would have millions of mom-and-pop shops again, probably with umbrella "shopping.yahoo.com" style structures around them.

      Sounds good to me. I don't know if I would want congress forcing the DRM open, though. After all, DRM is inherently insecure. Opening it for everyone is probably the equivalent of breaking it for everyone. But certainly if there was an open standard for DRM, pretty much everyone would benefit.

    2. Re:No, congress is a tool. by prockcore · · Score: 1

      Napster wants to force Apple to open its DRM, so it can offer "competition" in the marketplace for music.

      Sounds a lot like the companies that were trying to force AT&T to allow competitors' devices to connect to their phone lines. I mean, hey "they're AT&T's lines, they can restrict what goes on them, right?"

      AT&T's death grip on it's phone lines led directly to the splitting up of AT&T.

    3. Re:No, congress is a tool. by thiophene · · Score: 1

      The exception in the case of AT&T was that much of their infrastructure was publicly funded. Not so for Apple's DRM

  84. CONSPIRACY THEORY! by Freaky+Spook · · Score: 1


    Microsoft is probably about to release an Xpod, which will ship with xInternet Explorer installed, its Window's Media DRM isn't enough, it could try to buy out apple, but the cheaper option is to just get the government to allow microsoft to make it "compatible" with its competition, then microsoft can afford to sell its product below its cost value for 12 months until it has won the market share.

  85. Congress shall make no law... by msauve · · Score: 0

    abridging the freedom of speech...
    that includes Apple's freedom to use proprietary speech. You don't want it - don't buy it.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  86. This is how. by Ungrounded+Lightning · · Score: 1

    How is Apple's own DRM method (i.e., the thing that allows iTunes Music Store to exist) like the patent for CDs? Not at all, that's how. It's not a standard. No one is required to use it.

    Combining DRM with copyright enables an anticompetitive practice: Leveraging monopoly power in one sector (downloadable digital audio content) to acquire unfair competitive advantage in another (digital audio players).

    In another pair of fields (OS, applications software) this is EXACTLY what Microsoft did that caused them to lose antitrust suits.

    When Apple now does the same thing using its proprietary content protection system, the DMCA (another creature of congress) actively supports their efforts using government power to block commercial products based on reverse-engineering of their format, in the same way a patent would.

    The creation of secondary monopolies was NOT congress' intent when it passed the DMCA. Thus the scrutiny now: to see if it needs to patch the laws to debug this unintended consequence.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  87. Re:Dead Wrong/What Would Be Funny by Anonymous Coward · · Score: 0

    Is if Apple used the DMCA against Congress for harshing their buzz. Throw in RICO for good measure.

  88. Can they? by Paradox · · Score: 1

    Here's a question for you.

    Do they have a choice? We don't know exactly what's going on between Apple and the RIAA. It's very hard to say.

    But let's assume they can. Why should they? As long as the RIAA is requiring them to use DRM, why should they open it up? Who's clamoring for this to change? Real, for example? Ahh, let me play my Violin for Real. They've been holding out on their video format for years. Suddenly someone comes along and begins to make some real money selling media and media peripherals. And suddenly, it's unfair. Ahh, the tables have turned.

    Or maybe we should talk about Napster? Oh yeah, Napster 2.0, friendlier, fluffier, totally under the RIAA's thumb. Their music subscription system is even more restrictive than Apple's!

    Look, as long as the RIAA is on this DRM kick, the consumer is screwed. No amount of licensing, patenting, or copyrighting is going to change this simple fact. Apple's at least given us DRM terms that aren't completely awful, and if other companies don't like that, too bad. If you buy iTMS music then switch players, too bad. Welcome to Capitalism, population: everyone trying to make money.

    Companies do this kind of stuff all the time, and it only seems to be "bad" when someone succeeds. But Apple's succeeding so wildly that you have to ask why we're upset! People obviously like the way things are, or they wouldn't be buying all these iPods and music. If it's legal, and people like it, then screw the competition. You can censure Apple because the RIAA won't let people sell music that plays on an iPod.

    --
    Slashdot. It's Not For Common Sense
    1. Re:Can they? by Tim+Browse · · Score: 1
      You can censure Apple because the RIAA won't let people sell music that plays on an iPod.

      Did you mean "You can't censure..."?

      As for Real/Napster, how about anyone else who wants to run a music store that sells DRM'd music to play on as many audio devices as possible? Strawman arguments are not that convincing. Boo! Real suck! Therefore no-one should be allowed to use Fairplay to sell DRM music for iPods!

      And where did we go from "We don't know exactly what's going on between Apple and the RIAA. It's very hard to say." to "the RIAA won't let people sell music that plays on an iPod", which seemed to happen in the course of your post?

    2. Re:Can they? by Paradox · · Score: 1
      As for Real/Napster, how about anyone else who wants to run a music store that sells DRM'd music to play on as many audio devices as possible?
      Too bad for them. Offer a better product, and it'll sell.
      Strawman arguments are not that convincing. Boo! Real suck! Therefore no-one should be allowed to use Fairplay to sell DRM music for iPods!
      I wasn't trying to imply that Real or Napster were the only ones hurt. I was implying that Napster and Real are companies that are trying to get Congress involved or otherwise have a slice of the pie that they themselves couldn't bake.
      And where did we go from "We don't know exactly what's going on between Apple and the RIAA. It's very hard to say." to "the RIAA won't let people sell music that plays on an iPod", which seemed to happen in the course of your post?
      The RIAA will not let people sell unencoded MP3s or AACs, both of which are industry standard formats that play on the iPod. If you want to sell un-DRM'd music for the iPod, and you can pull it off, you'll make huge piles of money. But you can't do it if you want to sell music the RIAA controls. That's how we got there. Is everyone forgetting the iPod plays a lot more than just FairPlay AAC?

      Next, you'll be complaining that iTunes should interface with everyone's music store, because otherwise iTMS gets an unfair advantage with iPod users. That also doesn't work.

      Apple came up with a good piece of hardware, a good sales model, and a good piece of software to tie the two together. Nothing about it is or should be illegal. Nothing coerces you to buy an iPod, except your natural desire to buy the best product. Nothing forces you to use the iTunes Music Store even if you do own an iPod.

      --
      Slashdot. It's Not For Common Sense
    3. Re:Can they? by Tim+Browse · · Score: 1
      Too bad for them. Offer a better product, and it'll sell.

      I can't tell if you're deliberately misunderstanding or not. It doesn't matter how good their music store is, if iPod users can't play the music on their iPods, they're not going to buy the music. I'm assuming the music will be DRM'd, because, as you say, the RIAA won't let you sell it otherwise.

      The RIAA will not let people sell unencoded MP3s or AACs, both of which are industry standard formats that play on the iPod. If you want to sell un-DRM'd music for the iPod, and you can pull it off, you'll make huge piles of money. But you can't do it if you want to sell music the RIAA controls. That's how we got there. Is everyone forgetting the iPod plays a lot more than just FairPlay AAC?

      Again, you're not even answering the same question. "The RIAA won't let you sell un DRM'd music" is not, repeat not, the same statement as "The RIAA won't let Apple open up FairPlay so anyone can sell DRM'd music", which was my point.

    4. Re:Can they? by Anonymous Coward · · Score: 0

      Uh huh...Apple spent all that cash developing thier stuff so it could become successfull and now they should give away thier hard earned and not to mention costly to setup system just so you can play Real's music on your iPod/play iTunes music on your other craptacular MP3 player..so does that mean your offering to make the next killer app on your own dime with the intentions of selling it then not have problems when someone else pisses and moans they should get it for nothing? Right...I didn't think so.

      Apple is allowing companies to use ther Fairplay DRM for a price...you know...how Microsoft is with WMA that Real has licenced *shock and horror*. Real paid Microsoft for thier DRM format and just doesn't want to pay Apple because they are the top dog and just so happen to have a better product. Go get a fucking life.

    5. Re:Can they? by Moofie · · Score: 1

      So, should we also force game manufacturers to release their games on Macs as well as Windows? What about consoles? Should Sony be forced to ship games for GameCube?

      Explain to me why that would be any different than the situation with music. Apple has built a good business model. They aren't coercing anybody to do anything.

      --
      Why yes, I AM a rocket scientist!
  89. So, now you know... by Yea-but... · · Score: 1

    Congress really IS the opposite of Progress...

  90. Apple didn't show so.... by iroll · · Score: 1

    ...maybe they WANT Congress to throw DRM open.

    Think about it: they wouldn't just open Fairplay; they'd open EVERYBODY's DRM. Including Microsoft's!! :D

    That sounds like the kind of kamikaze mission Apple would be happy to send their DRM scheme into. Isn't the consensus on /. that Fairplay is consistently engineered to be "just good enough" to keep the record companies at bay? Why NOT use their position to try and spoil everybody's fun?

    --
    Repetition does not transform a lie into the truth. - FDR
  91. I clapped when the bitch snuffed it. by Anonymous Coward · · Score: 0

    Anything to make you unhappy!

  92. Could be worse... by mwa · · Score: 1

    They could be holding hearings on "bread and circuses."

  93. let me get this straight by DuctTape · · Score: 1
    Lessie here... if it's something vital, like entertainment, music in this case, then the U.S. Govenrnment passes laws to make them open their kimono.

    But if it is something unimportant, like, say, the underpinnings of a computer, the operating system, for example, then it's okay for the company to keep things closed up nice and tight.

    I guess we know which 500# gorilla owns the most Congresscritters!

    DT

    --
    Is this thing on? Hello?
  94. Re:This is nothing new.... by thenextpresident · · Score: 1

    Dude, did you RTFA? Did you Read the original /. post?

    No, you didn't.

    First, Napster's CEO wasn't their. The CTO was.

    And read this: "William Pence, Napster CTO, told the subcommittee that the music industry will eventually promote interoperability itself without the need for government intervention."

    I'm sorry, so just to be clear: You are supporting the government in this case? You want them to regulate this.

    Furthermore, I couldn't find anything on Napster complaining about DRM.

    --
    Jason Lotito
  95. Re:DRM'd CDs? DVD Region Codes? by Anonymous Coward · · Score: 0

    remember that most of those DRM'd CD's by definition aren't actually CD's... they're something else that looks like one...

  96. We're all forgetting who we really owe... by iJakBeatZ · · Score: 5, Funny

    Maybe everyone should shut the fuck up and ask the artists (and record companies) what they want.

    The artists and record companies got pissed off when people shared tapes -- not much they could do except say "That is illegal. Please support us and our labels and don't share your music".

    The artists and record companies got pissed off when people shared CDs -- not much they could do except say "That is illegal. Please support us and our labels and don't share your music".

    The artists and record companies got pissed off when people started ripping their CDs into MP3s and sharing them over the intermaweb -- not much they could do except say "That is illegal. Please support us and our labels and don't share your music".

    Apple comes along with ITMS and says "What you've all been doing is illegal. The artists and record companies would like your support, so here; pay $0.99 for a song". The artists and record companies love it.

    Someone here said that people like to be entertained, that's true. If it wasn't for the artists, the people wouldn't be entertained.

    The artists deserve the money they get for their music. To that end, I say again that everyone should just shut the fuck up and let the artists and record companies decide how DRM should work.

    Consumers, shut the fuck up... You've been getting a free ride for far too long.
    Congress, shut the fuck up... You have know idea what you are talking about.
    Apple, shut the fuck up... You guys did really good with ITMS. Ever since I switched to Mac, my whole live has changed, thank you! I think what you have done with ITMS is a fantastic first step for the industry (although I will never buy from you because 192K bit rate doesn't do any justice at all to the music I love on a good stereo compared to a CD), but I think things need to change.
    Real, shut the fuck up... I think you suck, period.
    Napster, shut the fuck up... The only reason people subscribe to your shitty service is because they can't afford an iPod and are forced to use inferior products on an inferior OS and are forced to rent music. How inferior can a product be.

    Let the artists and labels decide and everyone just shut the fuck up.

    1. Re:We're all forgetting who we really owe... by dunng808 · · Score: 2, Interesting
      The artists deserve the money they get for their music.

      True, except that the pop music industry's financial model is based on most performers getting a very small percentage of record sales. Sort of like how Blockbuster counts on getting late fees.

      Consumers, shut the fuck up... You've been getting a free ride for far longer.

      I would argue that record producers have been riding on the backs of musicians for far too long.

      --

      Gary Dunn
      Open Slate Project

    2. Re:We're all forgetting who we really owe... by Naosuke · · Score: 1

      Granted the record producers probably have been riding on the backs of musicians for too long, but taking away the the income they get from record sales is definatley hurting the artists in addition to the record producers.

    3. Re:We're all forgetting who we really owe... by FLEB · · Score: 1

      Those words... on the recording contract... they're there for a reason.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    4. Re:We're all forgetting who we really owe... by Anonymous Coward · · Score: 0

      Why is it americans feel compelled to use the word f&&ck so much? Probably has something to do with killing babies in Vietnam and voting George W. Bush for president...

    5. Re:We're all forgetting who we really owe... by Anonymous Coward · · Score: 0

      Why is it americans feel compelled to use the word f&&ck so much?

      Because we are fucking proud of the fact that we are much better at fucking than you limp-dick fucking Euro-trash.

      Next fucking question.

    6. Re:We're all forgetting who we really owe... by ABaumann · · Score: 1
      I will never buy from you because 192K bit rate doesn't do any justice at all to the music I love on a good stereo compared to a CD
      iTunes music is 128K. 192? I wish.

      But yeah, that's the worst part about sharing music online.

      1. People save it as MP3, though AAC and OGG are far better formats.
      2. People save them in 128K, and that's just not good enough.
    7. Re:We're all forgetting who we really owe... by Anonymous Coward · · Score: 0

      > Consumers, shut the fuck up... You've been getting a free ride for far too long.

      What, five, six years? The "consumers" are supposed to be the government. They've been fucked every other way by companies, so they try and recoupe some personal losses to break even. Kinda like robbing Peter to make up for what Paul took from you. It's not always about "we hate the RIAA." It's not "fair," and it's not good justification, but there you have it.

    8. Re:We're all forgetting who we really owe... by hesiod · · Score: 1

      > taking away the the income they get from record sales is definatley hurting the artists in addition to the record producers.

      Not "in addition to," "because of." The producers aren't willing to not be millionaires any more, so they steal from the struggling (and not-so-struggling) artists.

    9. Re:We're all forgetting who we really owe... by hesiod · · Score: 1

      > Why is it americans feel compelled to use the word f&&ck so much? [...etc, blah blah]

      I like responding to trolls.

      Hate to break it to you, but we're not the only ones who say "fuck," (it's just a word, BTW, it won't really curse your life) and it started before G.W. As for killing babies, that was the American Military doing it, not the American public. Most people who sign up for the army voluntarily already have issues (IMO, of course), and the rest were forced to be there against their will, so naturally, they were pretty pissed off. When ordered to kill someone, they took out their aggression in the only way they were allowed. Killing whoever was there. That is pretty one-sided because in Vietnam, age was no indicator of alliance or willingness to die for your people. According to a sorta-friend of mine who is in Iraq, supposedly there are similar instances, but they are usually not so young and NOWHERE near the number.

      I believe the excess of swearing may be because of our freedom of speech. We take that freedom into the idea that everyone should actually hear what we are saying, and shouting and using swear words makes you noticed. Doesn't make you more listenable, and probably less convincing to the general populace, but if your audience swears a lot too, they'll probably listen.

      Just in case anyone actually wanted to know why.

    10. Re:We're all forgetting who we really owe... by Bedloe · · Score: 1

      You make the fallacy of assuming that the artists and record companies share interests here. They do not. Many artists want not only profits, but exposure and recognition for their art, among both the consumers, and also (often more importantly) among their peers. Corporations care only about profit, which means they need a predictable product that is easy to market, which is the antithesis to good art. Because of the need to market a product corporations will try to control the artists. Many artists would prefer the option of having full control but less profit. Give them a business model where they can distribute their music via their own website, for free or for a nominal fee, or through the iTunes store for profit, and then make the bulk of their profits by touring, and many would choose it over the current model. The reason so many artists are complaining about piracy is that it hurts their profits, while leaving the record companies with just as much control over their music! If we go back to a time not even 100 years ago, the only source of income for a musician/artist was touring, or if they were lucky they found a sugar daddy (patron). They toured and people heard their music live and they got paid, and if they weren't working they didn't get paid. It was a novel concept. The advent of recording corrupted this process and left us with many unemployed artists and a handful of overpaid artists wallowing in a sea of drugs and media scrutiny. It's debatable whether our current music business paradigm is any better for the artists than the one of a hundred years ago. The internet has the potential to blow away our diseased music business and replace it with something more pure, in which artists have greater control and a closer connection to the listeners. So far the multinational corporations have protected their corrupt model, with help from the corporate politicians in Washington. I hope I live to see the day when the artist determines the mode of his/her music distribution, free or fee, DRM or pure audio, and us listeners get to reap the benefits of such a system.

      --
      "Talking nonsense is man's only privilege that distinguishes him from all other organisms." - Fyodor Dostoevsky -Chines
  97. This has to be by iminplaya · · Score: 1

    a leftover from the first of the month. Why in the name of "your diety" would we need any legislation whatsoever in the entertainment field?? If they just want to make sure the thing doesn't explode in you pocket and rip your leg off, then fine. I could understand that. Let's just cut to the chase and make them put all our music back on vinyl so my grandmother can listen to her Led Zeppelin collection on her Victorola. This is getting so stupid on both sides, and does nothing to solve the IP problem.

    --
    What?
  98. mac games and 640K is enough for anyone by Anonymous Coward · · Score: 0
    Actually....I was just playing a mac game written in days of the apple II days. Crystal Quest. My most favorite addictive game ever. bar none.

    Now as for some need to play games from 20 years ago as the defining characterisitic of a computer. Gee, maybe we should go all the way back and support Eniac? where do you freaking draw the line on backward comaptibility versus stupidity. I like that macs are not slaves to their achitecture and bad early decisions like 640K being enough for anyone. grow up!

    by the way, with an emulator mac osx plays any apple II software which predates the PC. so Neah Neah

  99. Interoperable DRM is no DRM at all by cyberformer · · Score: 1

    The whole point of DRM is that it prevents interoperability. Apple doesn't just use DRM to placate the music industry. It makes money on hardware, not downloads, so it wants to lock customers into its proprietary player. (And thanks to the non-replaceable battery, that's even a recurring revenue stream.)

    If you've bought tracks from iTunes, you can't play them on a non-Apple mp3 player without either breaking the DRM (iOpener, which might be illegal) or going round it (CD burning and reripping, which is awkward). All this benefits Apple, not the RIAA, and intentionally so.

    Of course, the music industry doesn't want interoperability either, because it would mean the end of DRM. The nature of open standards is simply that they don't include DRM-like restrictions. I think what Apple's rivals really want is compulsory licensing, which is something a bit different. (The main difference being that Apple would be forced to provide its encryption keys to Microsoft, but not to you and me.)

  100. ok OK it's DAL Love Field - my bad!!! by amichalo · · Score: 1

    Sorry, after getting all these repsonses I looked it up and I understand the issues better. (Never had read the actual restrictions on the amendment, just knew the consequences).

    At any rate, since everyone is so up on this amendment by Congress, perhaps we can discusss how well/unwell it worked and how it may be similar to the whole congressional hearing that sparked this conversation.

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
    1. Re:ok OK it's DAL Love Field - my bad!!! by endoboy · · Score: 1

      The Wright amendment has largely outlived its original purpose, but it was entirely sucessful relative to its original intent.

      At the time the amendment was adopted (about the time DFW was built) the goal was to force airline traffic out to the newer airport. There were a number of reasons for this--paying off the bonds on DFW being the principal one, but noise concerns at Love were also (and remain) a significant consideration.

  101. two kinds of peeps like apple by Anonymous Coward · · Score: 0

    chicks and fags

  102. congress = technology illiterate. by mike518 · · Score: 1

    i hate when people who dont understand technology are charged with making laws and regulations regarding it.

    Seriously, after the DMCA youd think these guys (congress) would learn to stick with what they are good at... whatever that is.

    --
    Mike
    I heart the RIAA & MPAA, im sure its mutual...
  103. Re:This is nothing new.... by Anonymous Coward · · Score: 0

    You bastard! I've been saying that for years! With the ellipses! At any rate, this is absolute horse shit, and if the government sticks their grimy cock in this pie, they will destroy everything that they claim to be protecting.

  104. Cut to the chase by Anonymous Coward · · Score: 0

    This would result in more choices for every consumer. Ipod owners, non iPod owners and iTunes, non iTunes users would all be able to select from one another for the source and player. Can a single Apple diehard fan please explain how this could not be good for every single consumer? It takes NOTHING away, it only adds more choices. I am confused.

  105. Re:This is nothing new.... by Anonymous Coward · · Score: 0

    This is actually an equivocation. The Napster we know now has absolutely nothing in common with the Napster of yore except for the name, which was the only thing really valuable thing left when it was picked up during the Napster of yore's bankruptcy proceedings.

  106. I had a dream by theolein · · Score: 1

    No, seriously. I woke up a couple of days ago and for some reason thought about Apple decamping from the USA to move to friendlier waters, such as Canada, the Uk or Australia. I have no idea why I thought this. Would be interesting if it did happen though.

  107. Am I missing something here? by ZENMacster · · Score: 1

    I cannot play MS DRM'd media on my Mac. MS is using their monopoly power to push me to use Windows to view anything encoded with their version of DRM. If they were the leader in digital content they would use it to enforce their OS domination. iTunes is available on PC and Mac. I think they should support Linux also with quicktime and iTunes, but that would be poking the MS bear and probably not the best strategic move.

  108. Is it the same movie though? by implex · · Score: 1

    Your argument says the DVD version is the same as the VHS. Correct?

    Well maybe it isn't. DVDs will often have more information - multi channel surround sound, interviews, and extras etc than a VHS of the same title. I am not saying I support the directors cut, the platinum edition, the extended furry edition ad infinitum, being put out in succession just far enough apart to maximize buyers. But they are different.

  109. Why pick on apple? by mabhatter654 · · Score: 1
    Why is everybody picking on apple? every other online store is equally as proprietary!!!!!

    The only truely "independant" group in the bunch of music services is RealNetworks. Sony and Apple both tie their media to their electronics. Everybody else is a shill for MS [Napster, Walmart, and the like]. Sure MS has "play for sure" but that's really just an attempt to lock OUT companies like apple so they have to pay MS tax too. Look at the new Sony PSP...that thing's more locked down than anything ever sold! Only Sony manufactures the actual media, and you can only play your files thru Sony-approved file types on sony-approved memory sticks.

    Fundamentally, Apple's Fairplay DRM is the most reasonable DRM scheme out there right now. It would be nice if they'd support Linux, cause then I could ditch MS entirely... [it's not like they'll loose mac sale to used dells with ubuntu] but they choose not to so I've gotta deal. I CAN play my iTMS purchased songs on Linux...its actually allowed in the iTunes software...just burn the songs to standard-format audio CD and re-rip them. The way I see it, Apple's DRM is the absolute minimum contractual agreement they could get away with and talk the record companies into allowing them to sell their songs... remember that... the RIAA is the cartel calling the shots here.. and they've cozied up to M$! MS is happily in bed with the RIAA, MPAA, and cell providers that want to make sure you "pay to play" every time.

    Fact of the matter is that Apple has pulled the computer coup-de-etes we've all been waiting for...they've got the best selling product in music players right now and they did it WITHOUT caving to Microsoft's monopolistic OS position... Fact of the matter is that Apple can't sublicense iTMS... most likely they have "backroom" agreements with the music labels not too. Also, it's a matter of keeping taps with the latest hackers so that their DRM remains secure. Remember, apple is also who will get the pointy finger when Fairplay is cracked and the pirateing songs starts all over... They can't risk anybody else having "loose lips" and spoiling it for everybody. Apple is the good guy here.. don't forget it. The only other viable alternative is to go the MS path...which every OTHER manufacture wants to go to ... M$ has assured them they can have FULL control over the files you download... and you will never "own" anything again if the M$ way takes over!!!

  110. I was actually at this Hearing... by morganew · · Score: 2, Informative

    While the Chairman singled out Apple's failure to appear at the hearing as a bad thing, it was mostly an admonishment for not doing what he asked.

    He wasn't anti-Apple.

    Additionally, every Member of Congress who attended was VERY clear in supporting market forces, NOT government mandates to 'solve' the interoperability issue.

    Subcommitee Ranking Member Berman (D-CA) pointed out that even the Consumer Federation witness, Dr. Cooper, did not support government intervention. Dr. Cooper noted that he thought mark forces should be allowed to work at the "widget" layer, as opposed to the 'core'.

    The only disconcerting thing that was said was that Chairman Smith used a narrow marketshare definition to describe Apple's status. By saying Apple's marketshare was 80% of the digital download market, he failed to include the fact that Apple's share, as a percentage of ALL music sales is tiny.

    Monopoly and market share are places where defining the scope of the market is key.

    --
    A sig?!? I don't think so.....
  111. They owe ME by Anonymous Coward · · Score: 5, Insightful

    Fine, as long as the entertainment industry and "artists" shut the fuck up when it comes time for their works to be no longer covered by copyright.

    That means we "Consumers" will repeal all of the paid for legislation that allows "artists" and studios to steal from the public domain.

    14 years was the original length of copyright then society owns the the work.

    It's the artists and studios who are on a "free ride", who have been raping and pillaging the public domain. It's they that benefit from a society that enables them to create their works. But then the greedy fuckers want to change the rules once it comes time to live up to their end of the deal.

    When THEY shut the fuck up THEN I'll shut the fuck up.

    1. Re:They owe ME by Rinikusu · · Score: 1

      As an artist, I'd agree to that. I think the current copyright extensions are horrible.

      But since when did the artist's opinion count for anything?

      --
      If you were me, you'd be good lookin'. - six string samurai
    2. Re:They owe ME by hesiod · · Score: 1

      > But since when did the artist's opinion count for anything?

      Whenever it matches with the RIAA's opinion :)
      Then you'd be all over TV about how hard you have it.

  112. 70, 45, 33 1/3 by Joseph_Daniel_Zukige · · Score: 1

    Someone in Congress has too much time on his hands.

    And I don't blame Apple for giving this one the cold shoulder.

  113. Here Here! by Fussen · · Score: 1

    If the artists want to record their music on piece of plexi-glass, then it's their canvas.

  114. Microsoft Office by thallgren · · Score: 1

    I think that talking about opening iTunes DRM while blatantly ignore the closed and ever-changing MS Office formats year after year is really rubbish.

  115. Wrong. Wrong. Wrong. by piecewise · · Score: 1

    The iPod does NOT lock you into iTunes.

    Rather, iTunes locks you into the iPod. And you have every damn right to go use Walmart's music store and put those mp3's on your iPod.

    The downside? You don't have quite the ease of use - but guess what: you knew that going in. Consumer choose iPod and they choose iTunes, in most instances. Their hands aren't forced.

    And when you buy an iTunes mp3, you're agreeing to use that DRM. There is no monopoly unless you couldn't buy that same song somewhere else - and that isn't the case.

    I love how our conservative Congress says we should engage in "personal responsibility" - but they feel the need to hold our hand in the decisions we make. The hypocrisy makes me sick. Very, very sick.

    --
    The next comment I write will be ready soon, but subscribers can beat the rush and see it early!
    1. Re:Wrong. Wrong. Wrong. by nberardi · · Score: 1

      >> Rather, iTunes locks you into the iPod. And you have every damn right to go use Walmart's music store and put those mp3's on your iPod.

      What are you talking about Walmart serves up DRM WMA files? There is no service that I know of that serves up MP3 files. And iTunes is the only one that serves up FairPlay files. So yes it is true Apple locks iPod consumers into iTunes. However people buy a product because they like it, the same reason people buy Windows, they choose to buy Windows, they weren't dupped or forced into sticking with Windows after they bought their computer.

      >> I love how our conservative Congress says we should engage in "personal responsibility" - but they feel the need to hold our hand in the decisions we make. The hypocrisy makes me sick

      You people are just funny, you guys are really the hypocrits. On one hand Microsoft should be forced to open up it's API to Windows, but on the other hand Apple shouldn't be forced to open up the FairPlay standards? I don't know about you but that is almost the definition of hypocricy.

      YOU MAKE ME LAUGH

    2. Re:Wrong. Wrong. Wrong. by piecewise · · Score: 1

      Well, I don't know who "you people" and "you guys" are. I assume you mean Democrats. You know, that other half of the country. "You conservatives" should learn some personal responsibility. There is a huge difference between the Microsoft monopoly (anti-market scheme) and the popular iTunes DRM and iPod, which users decide to use. This Congress has no business practicing in these anti-free-market campaigns. But we know why they are. Because their big donors like Microsoft are complaining that they can't make a better product. And if you don't believe me - how entrenched these politicians are with big companies like MS and their many PACs, opensecrets.org, buddy. But maybe I should criticize them. After all, they apparently have better moral values than I do.

      --
      The next comment I write will be ready soon, but subscribers can beat the rush and see it early!
  116. Guess Why. by piecewise · · Score: 2, Insightful

    The only reason this is happening is because big campaign donors like Sony and Microsoft are whining to their buddies in Congress that their crappy products aren't as popular as iPod - and this is a great way to unfairly hurt Apple's dominance. Welcome to the world of money politics. It's not the first time. And refer to opensecrets.org if you'd like proof that Sony and Microsoft spend a TON of money on political campaigns and PACs (Apple doesn't).

    --
    The next comment I write will be ready soon, but subscribers can beat the rush and see it early!
  117. Firewire? by St.+Arbirix · · Score: 1

    Where did firewire go?
    I use it on my laptop for everything.
    I buy it on all new peripherals.
    Everyone I know has it.

    In short: Huh?

    --
    Direct away from face when opening.
    1. Re:Firewire? by norkakn · · Score: 1

      He is also comparing Firewire to USB, so it might be best to ignore him.

  118. The real problem with direct democracy... by Kjella · · Score: 1

    ...is not "tyranny of the majority". We would have a constitution and all that, to keep wild mood swings from doing too much damage. It's not like Congress doesn't get emotional when passing acts like the Patriot act either. By any logic the poltician who followed the same policy would get two wolf votes and a majority anyway.

    A big problem is consistancy. If you voted on each issue, the money would run out as there are many more worthy causes than income. On the other hand, people doesn't care about everything the government is doing. As long as "their part" gets a good share, fine.

    If you tried to solve that with complete budgets, it would be chaos as 99% would know nothing about 99% of the contents. You'd have to come up with a brilliant hierarchy to vote "I want more money for healthcare", then after the distribution between that and defense/roads/whatnot has been settled, those who want vote within that sector "I want more money for cancer research" and so on.

    The other real problem is that direct democracy is often not a representative democracy. It is far too easy to rally a minority to vote on some issue, since people simply wouldn't vote on 99% of the issues. The result is that it subverts democracy rather than support it.

    Ultimately - you're going to end up with a few central people who put forth budget suggestions, and opinions people listen to. And these people will be lobbied by corporations. Instead of voting on behalf of the sheep, they herd the sheep. Politicans by any other name.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:The real problem with direct democracy... by Muad'Dave · · Score: 1

      You'd have to come up with a brilliant hierarchy to vote "I want more money for healthcare", then after the distribution between that and defense/roads/whatnot has been settled, those who want vote within that sector "I want more money for cancer research" and so on.

      That's easy to fix, IMHO. There are two ways:

      1. Let each taxpayer decide what percentage of their tax money is to be spent on each line item. Have one of those fill-in-the-bubble forms as the last page of your tax return. I'd give lots more to science and less to social programs.
      2. Require the government to budget spending in terms of percentages - start with 100% of whatever will come in next year. 25%, say, goes to Social Security, etc. When the taxes are collected, the money is divided up according to the percentages, NOT dollar figures. No ifs, ands, or buts.
      I also would support a Constitutional cap on the total allowable taxation percentage from all sources. With gasoline, property, real estate, local, state, federal, FICA, FUTA, etc taxes, I will soon owe the gov't 110% of my wages!

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  119. USB vs. FireWire or VHS vs. Beta? by Anonymous Coward · · Score: 0

    Umm... until recently, Beta SP was a very strong standard and pretty much any time you turned on the TV, you were watching signal broadcast from a Beta SP player at the TV station. Working with MoreMusic (the video network, not sure if they still exist) we received all the music videos in Beta SP format back then. So really, I don't think either Beta or VHS won. I think that one took the professional market and the other took the consumer market.

    As in USB vs. Firewire I have no idea which one won that one. For the past few months, I've been running my external hard drives on USB 2.0 since I had been to lazy to search for my firewire cards, when I finally found the card recently, I reconnected all the drives as firewire. Performance was much better, there was less hangs, etc... I think again this is a case of consumer vs. professional.

    As to DRM, ummm does DRM actually work? I figure that at the very least it's only a temporary block. I actually know for fact that the only reason Microsoft's DRM scheme hasn't been cracked publicly is because the content isn't widespread enough yet. Be patient, when more commercial content is released for Microsoft Media Player and Microsoft is locked into the scheme, the crack will of course be released.

    There's no such thing as effective DRM, it's almost not worth putting onto media in the first place, but it makes the music industry feel a little better thinking that only smart people can download a program to crack it.

    I personally am amazed that I don't find more DRM removed content on the peer-to-peers since it's typically encoded better from Apple, so removing the DRM and then just sending out the .M4A files just seems like a better idea than ripping from normal CD.

    Also, I've been seeing recently a few AAC files out there that have been encoded from better than CD sources. Meaning that it looks like the music studios are actually trying to sell higher definition audio to the public. Pretty cool

  120. Pure Irony! by Quixadhal · · Score: 1

    I find it hilarious and sad that the two examples given, betamax/vhs and firewire/usb, are both cases where the market decided which standard would become dominant, and in both cases, the market chose the inferior product.

    Do we really want the ten million monkeys to decide what's best?

    1. Re:Pure Irony! by robwicks · · Score: 2, Interesting
      I find it hilarious and sad that the two examples given, betamax/vhs and firewire/usb, are both cases where the market decided which standard would become dominant, and in both cases, the market chose the inferior product.

      Do we really want the ten million monkeys to decide what's best?
      Well, as one of the "monkeys" in question, I feel that the consumer is the only entity which should decide. Betamax was inferior to VHS in a very critical way, in as much as the market was concerned. Sony tried to exert too much control over it, not unlike IBM with microchannel. That was enough to trump any technical advantages. The government should remove any laws preventing reverse engineering or modifying files or equipment, but aside from that, butt out. The government is probably the only reason DRM actually works, because they make it illegal for companies like Real to circumvent limitations. Fewer laws, not more, are the answer.
      --

      Logic ... merely enables one to be wrong with authority. -- Doctor Who

  121. when by Kanasta · · Score: 1

    was FireWire/USB decided? I thought they aimed at different markets. I thought both types of devices still are sold/developed.

  122. Jesus effing christ... by Anonymous Coward · · Score: 0

    Look, when will RIAA allow unencumbered digital downloads in AAC or MP3 format? Never. So you SHOULD ignore iPod being able to play AAC and MP3 because they are NOT part of the digital download market scheme. Unless congress makes P2P sharing legal even if copyright is breached.

    Fairplay is NOT a mrket issue because of both copyrighs, patent and DMCA laws making it an actual 100% perfect monopoly.

  123. STFU by Anonymous Coward · · Score: 1, Funny

    It's when you have to tell people to SHUT THE FUCK UP, you really should just shut the fuck up yourself.

    Oh wait...

    Doh!

  124. Let the artists and labels decide by Fussen · · Score: 1

    I believe artists should choose creative mediums. Like delivering the album in sem@code or possibly the highly diverse Teddy Ruckspin medium.

  125. Best Government Money Can Buy? Really? by Michael_Burton · · Score: 1

    We have the best government money can buy.

    If that were true, we'd sure have a heck of a lot better government than we've got now.

    I've been in expensive houses. They are, almost without exception, much better than cheaper houses in the same area. I've been in expensive cars that run better than average-priced cars. I've watched expensive TVs and listened to expensive stereos. I've compared furniture, appliances, and computer equipment. Virtually without exception, I've found that those who can pay more get a better product.

    This current government may be pricey, but the quality reeks.

    --
    When all you have is an axe, everything looks like a grindstone.
    1. Re:Best Government Money Can Buy? Really? by Eric+Smith · · Score: 1
      I wrote:
      We have the best government money can buy.
      Michael replied:
      This current government may be pricey, but the quality reeks.
      What makes you say that? The people with lots of money seem to be getting what they want. When things aren't going their way, they just buy a few congressmen, and the problem gets solved.

      The fact that you don't have enough money to buy a Congressman is irrelevant.

      Anyhow, you should be thankful that you don't get as much government as you pay for. That would indeed be scary!

  126. Against Microsoft, Against Apple? by Kittichai · · Score: 1

    Why people complain when Microsoft dominate the market but support Apple to do so? Don't you get it that Apple iPod is about to become what Microsoft Windows is for OS? And in contrast, Microsoft's policy is more open than Apple.

    How many people can add a software to iPod? Zero.
    How many software can be run on Microsoft Windows? I lost my count.

    Hey, I support free trade and I don't see why Microsoft or Apple could be convicted just because no one else do things better than them. But stop raising the open source flag while your ears still plug with iPod.

  127. Why you love Apple but hate Microsoft? by Kittichai · · Score: 1

    Apple are far worse than Microsoft in term of openness. When many of us here (not me) are servant of open source, why not hate Apple?

    1. Re:Why you love Apple but hate Microsoft? by nberardi · · Score: 1

      There is one reason and one reason only.

      -- Anything but Microsoft. --

      That seems to be the answer that I hear most, Apple != Microsoft, so OSS people love it. It gives them a feeling of victory to have a non-Microsoft company succeed.

    2. Re:Why you love Apple but hate Microsoft? by dmarcoot · · Score: 1

      i'll give you one, apple doesn't pay millions of dollars to congress each year. Microsoft DOES.

      Apple isn't a convicted monopolist.

      have you used apple products, i guess not otherwise you would know they earn their customers satisfaction.

      whoops that 3.

  128. This is very bad by Felinoid · · Score: 1

    Why dosen't Apple sell Mp3s in it's iStore?
    Same reason Real and Napster don't offer Mp3s.
    The recording industry will not liccens music to be sold on unrestricted formats such as Mp3s.
    They demand DRM. Apple, Real and Napster comply.

    At the core Real is ticked becouse they can't sell DRM restricted music the iPod supports.

    So what happends now?
    Fairplay becomes portable and Real can sell fairplay restricted music for about 10 seconds.
    Then the music industry clamps down before someone makes an application to strip the DRM and make iStore music playable on ANY Mp3 player.

    The iPod dies and your now all buying Microsoft media players.

    Congradualtions for defending Microsoft against the evil Apple monopoly.

    DRM formats are for the most part security by obscurity.
    The people making the DRM systems don't care if they work well they just care that they work well enough to satisfy the music industry.

    Apple would be perfictly happy selling MP3s but Apple can't prevent those same MP3s from turnning up on GnuTella.

    --
    I don't actually exist.
    1. Re:This is very bad by nberardi · · Score: 1

      So it's alright for Apple to have a monopoly and Microsoft not too !?!?!

    2. Re:This is very bad by aristotle-dude · · Score: 1
      Are MP3 players essential? Are they a general purpose tool?

      MSFT's monopoly is built on trying to keep people off a platform (PC's) which it neither invented/designed or manufactures.

      They are a convicted monopolist which tried to control the OEM's and prevent other proprietary software from entering into the marketplace on the X86 platform.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
  129. Re:A single, mandated DRM standard is a great idea by dangitman · · Score: 1

    Mind you, if there was a government-mandated DRM standard, you would probably get the death penalty for circumventing it ...

    --
    ... and then they built the supercollider.
  130. DRM'd WMV by truespin · · Score: 0

    I *still* can't view WMV files with DRM on my machines as I use a Mac - is congress looking at this - forcing MS to open it up or release WMA 10 for Mac? What about Real's music store (not that I'd touch it with a big stick...) - I can't buy files off there using my Mac. Congress looking at this - nope. That's not exactly fair play is it? *badum tish* *groans*

  131. Apple are reaping what they have sown... by taskforce · · Score: 0

    Apple are reaping what they have sown now. They have such brand recognition with Joe Sixpack that when someone goes out to buy an mp3 player, they ask for an iPod. Most congress committee members have about the same intelligence level as Joe Sixpack, and when you half explain to them that FairPlay is restrictive, they think something along the lines of "[the only distribution channel on the internet that anyone except my tech savvy nephew knows about] is restrictive". So they open it up. Opening FairPlay up would be wrong, but beneficial. Congress have no right to do it, but I would sure as hell love it: FairPlay sucks some serious ass encrptionwise and if every online store were to use FairPlay (including subscription services such as Napster) we would just HYMN all our music to be DRM free. Apple would never adopt MS's DRM (if they did they would have to rehaul iTunes... Ok I may have spoken too soon) so they could either get everyone else to adopt their DRM (which seems more likely - everyone wants a piece of the iPod pie) or go DRM free, which would be a glorious occasion indeed, if an unlikely one.

    --
    My 3D Texturing Skinning work (under construction)
  132. Legit question, I think by tbone1 · · Score: 1
    So, how many congresscritters did Real and Napster (and perhaps MS) try to buy? It's the old story, if you can't beat 'em, regulate 'em.

    This reminds me of an old joke: The other day I got a cable modem. I went to eBay while watching CSPAN and bought a Senator.

    --

    The Independent: Reverend Spooner Arrested in Friar Tuck Incident - ISIHAC, Historical Headlines
  133. true enough... by circusboy · · Score: 1
    the original plan for ntsc video was supposed to be 24 or 25 frames per second, but the government required interoperability with previously existing black and white 30 fps video.
    <sarc>
    even then they made it 29.97 just to be different.
    </sarc>
    --
    -- it's ridiculous how many people misspell ridiculous... (damn, damn, damn...)
  134. Re:This is nothing new.... by Anonymous+Writer · · Score: 1

    Furthermore, I couldn't find anything on Napster complaining about DRM.

    FTA...

    While Napster's Pence did advocate a more open approach from Apple, he said mandating one through government was not necessary.

    "Napster believes that allowing the iPod to work with multiple service offerings would benefit consumers...

    I never said that they wanted the government to handle it, just that they wanted it opened.

  135. CD's in the car? by Timtimes · · Score: 1

    I can't wait to get an Ipod for the sole purpose of never having to deal with CD's again. I already use Itunes on my PC as the main source for feeding my home stereo. I figured to use the Ipod in a similar arrangement in my car so I could LEAVE the CD's out of the car. Enjoy.

    --
    This ain't no upwardly mobile freeway This is the road to hell
  136. BULL - SHIT! by webzombie · · Score: 2, Interesting

    Come on... for example - SONY owns the technology and manufactures the consumer gear (DVD players, etc). Owns the movie studio that produces the movie and the distribution company that distributes it... what fuckin' marketplace are these "industry" smucks talking about.

    VOIP is a VERY disruptive technology that can FREE consumers from the profit pirates of the big and baby Bells. TOUGH SHIT for the big players who have not responded quickly enough! THAT'S what a FREE marketplace is about.

    Here in Canada Bell Canada is moving quickly into the Quebec market with VOIP because they know if they don't they WILL LOSE marketshare. There is a HUGE question to be answered here in Canada about how VOIP should be regulated or if it should be regulated but that is NOT going to stop any other disruptive technologies from finding their way to consumers PCs or homes from that matter.

    Eventually we are going to see the literal buffet of online services that the consumer can choose from be they FREE of for FEE.

    It's amazing how quickly the big monopolies cry foul when disruptive technologies like VOIP smash their strangle hold on the consumer.

    Again TOUGHT SHIT! That's what should happen in a FREE marketplace. The day of legislative monopolies is OVER!

    The penguin shall set you FREE! (.v.)

  137. Who contributes to Congressman Lamar Smith? by genegeek · · Score: 2, Interesting

    Congressman Lamar Smith is the chairman of the committee that is looking into legislating DRM uniformity. It is interesting to note that among the top twenty PACs that contributed to Congressman Smith's 2002 campaign, for which the info is readily available, are Dell (#10), Microsoft and Wallmart (tied at #11) and the National Assn of Broadcasters (#20). This info is from opensecrets.org

  138. Re: PLEASE look at it another way... by Ocelot+Wreak · · Score: 1
    So, if you don't like loading up your iPod with DRMed songs from the iTunes Music Store, then go somewhere else! There are lots of other online music stores to choose from. Apple is not forcing anyone to buy their music from the iTMS. I personally prefer to rip my own purchased CDs so that I get better quality music on my iPod.

    'Fairplay' DRM is not analogous to "a proprietary compact disc format," but is a technical means of appeasing the music labels and providing some basic reassurances that their music will not be freely traded as soon as it hits a person's PC. Without some means of assuring this, Apple would never have been able to negotiate with and bring onboard the large number of labels the store carries.

    Napster et al are whining to congress to legalize their right to piggyback their own DRMed content onto Apple's iPods, that's all.

    (Sound of world's smallest violin heard playing quietly in the distance.)

    -Ocelot Wreak.

    --
    "I figure you're here 'cause you need some whacko who's willing to stick his finger in the fan. So who are we helping?
  139. Logistic issues would be daunting ... by saha · · Score: 1

    The logistics of a simultaneous global release would be daunting for any movie studio. If we're talk about distributing film than shipping all those reels all across the world to all the theaters that want to show it would be one logistical nightmare, with movies and distribution going digital this would theoretically solve the problem. Although, not all countries around the world have a fat enough internet pipe to download a digital 2K (or 4K?) resolution movie. Even in the distant future with movies going digital and all nations catching up with their internet bandwidth, the other issue is marketing and promotion costs. A movie studio or distributor like Disney would find it near impossible to promote on t.v, print, billboards, radio and preview in theaters simultaneously around the world. The current strategy to piecemeal the globe into regional release dates makes sense for the studio. Personally, I don't like the regional encoding its a pain.

    1. Re:Logistic issues would be daunting ... by mrchaotica · · Score: 1

      And the studios' logistical difficulties are my problem how...?

      If I'm understanding you correctly, the only reason for region encoding is to support the studios' business model. Yet region encoding is enforced by law. Doesn't this mean that the law exists to support the business model? Sounds like complete bullshit to me...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:Logistic issues would be daunting ... by saha · · Score: 1
      Yet region encoding is enforced by law. Doesn't this mean that the law exists to support the business model?

      I'm not sure it is the law to enforce region encoding. I bought a DVD player that plays ignores regional restrictions, plays VCD, CD and MP3 CDs from Best Buy (USA) a few years ago. Anyways, in my last post that you replied to I did state that I'm not a fan of regional encoding. Just giving you the possible reasoning behind the studios need to have regional encoding.

  140. Why Real or Napster anyway? by Arru · · Score: 1

    Perhaps we (the customers) need to ask ourselves "What does Napster et. al. provide, that Apple does not?".

    I'm not sure, but one possible answer may be "nothing"! And you know why? Because if if the WMA pack ever had some advantage to the customer (and it's not choice - I'll get to that later) they could use their HUGE marketing muscle to make people aware of the good point. But they don't!

    Napster, and Real too, offer more or less the same RIAA music (but no audio books or iMix-like buying tips, right?) And if you read the fine print, turns out that iTunes has less DRM restrictions than all the competition in this sense.

    That's for choice music-wise, then there's the players, hundreds of WMA-ready music players and some even support PlaysForSure. But they seem awfully alike. Around 80% are flash-based and even seem to use the same chipset = same features. The remaining are harddrive-based with an interface synthesised from an iPod-knockoff and their cheaper flash cousins. As we know, this segment is always compared to the iPod these days.

    Conclusion: all online music stores are alike save for the format, you make a choice more by which player you like.

    Unless the lapdogs in congress bring down the axe, MS' lackeys really need to get their act together and show exactly how they are different and just not worse.

    Jane Doe (or John, of course) goes for a player, not a store. People like players by design, interface and performance- not store names or file format acronyms.

    When you buy an iPod an then realise that you can't buy music from Microsoft (common problem!), you will quickly find out about ITMS and what's more, not get disappointed with it.

    --
    There's no 'on' position on the Slacker switch!
  141. Hmmm... by saha · · Score: 1

    I would disagree, although you raise an interesting point in terms of dividing the world market between distributors. I'm sure when DVD regional encoding was concocted, it was made for current movies in mind, not many people thought of making money on classics in the very beginning. Besides to have regional encoding for the reasons I stated in my original post and to have non-regional encoded classics would confuse manufacturing and consumers. Consumers would probably rebel against the movie studios if they knew that they could produce non-regional DVDs as well and have more regional restrictions for the newer movies they bought. At least thats my theory.

  142. (OT Mickey Mouse, Re:They owe ME by Anonymous Coward · · Score: 0

    We had a visiting Sensei help out at karate last night who got the kids to pretend they were practicing against Mickey Mouse because "He's a very evil mouse". (Mickey Mouse was actually a soft foam ball which the kids were practicing hitting).

    I was wondering what would I answer if asked by one of my students why Mickey Mouse was so evil, and I think I have my answer. Unfortunately I won't have time in a lesson to explain it, but I'd say that Mickey Mouse was part of a gang of thieves and that together they stole something really big from everyone, but stole it some time ago so I expect none of the kids know what it is. Mickey Mouse stole the Public Domain.

    That is the unfortunate legacy of Mickey Mouse (and why I'm considering adding big round paper ears to the soft ball for next lesson :-)

    - Sensei Richard

  143. I'm not sure. by Paradox · · Score: 1

    Apple is dominating the market, and it's not because they have vendor-lock-in with the iTunes music store. I mean, in order to get locked in, they first need to sell you an iPod or an iTMS song.

    Since you're pretty unlikely to buy one without the other, I don't think Apple cares all that much. On Slashdot, people love to say music sharing doesn't cut into music sales. I'd love to see if that is true.

    I think it'd be interesting if Apple stopped DRMing their 128bit AAC files and only DRM'd their high quality Apple Lossless files, taking a page from radio. A lossy transmission is great for listening, but people who want the media for arhchival and distribution get licenses.

    I'm not saying DRM is okay, but it'd be interesting to see what happens to iTMS sales.

    --
    Slashdot. It's Not For Common Sense
    1. Re:I'm not sure. by grmoc · · Score: 2, Insightful


      "not because they have vendor-lock-in" .. how can you tell this?

      DRM becomes much much less evil when you can have interoperability. Currently, there is no guarantee that you can use any of the iTunes songs in the future should Apple decide to stop supporting that particular DRM. You may say that market forces would prevent them from doing this, but I disagree-- Sometimes the most profit lies in the path that is most destructive to the society as a whole.

      If the point of the DRM is vendor lock-in, then that is a different issue than what Congress was trying to address with the DCMA, which is currently what makes it illegal to reverse-engineer the DRM on those songs, even for interoperability..

    2. Re:I'm not sure. by Paradox · · Score: 1
      "not because they have vendor-lock-in" .. how can you tell this?
      Because the story of people using an iPod but not iTMS is all too common in my experience. I don't have a statistically significant sample, but the iPod was cool beans even before iTMS. Every time it's been exposed to a new market (first mac users, then the rest of the computing world) it's exploded in popularity. It's an educated guess.
      DRM becomes much much less evil when you can have interoperability.
      DRM is evil no matter what kind of pretty face you put on it. Making it interoperable would make it no less evil.
      Currently, there is no guarantee that you can use any of the iTunes songs in the future should Apple decide to stop supporting that particular DRM.
      We can remove the DRM with a variety of programs. Developed by independant parties. So yes, there is a guarantee.
      You may say that market forces would prevent them from doing this, but I disagree-- Sometimes the most profit lies in the path that is most destructive to the society as a whole.
      If this is your concern, shouldn't you be attacking Napster? They've got a far more "destructive" sales model.
      If the point of the DRM is vendor lock-in, then that is a different issue than what Congress was trying to address with the DCMA, which is currently what makes it illegal to reverse-engineer the DRM on those songs, even for interoperability..
      The DMCA is evil, indeed. But TFA is talking about some competing vendors trying to use Congress to force Apple to open their format because it's supposed to somehow be "good" for the consumer. They want to make a special hole in the laws and the rules of captialism so that they can compete.

      Nothing short of the removal of said DRM will be good for the consumer. You're not suddenly going to be free-as-in-bird with your music if you can play it on other players.

      Apple made a great set of products, and they're succeeding so incredibly that the competition hardly even seems to be there. What Napster and Real really want is for Apple to be less successful. They don't like competition, because they aren't savvy enough to get in on it.

      --
      Slashdot. It's Not For Common Sense
    3. Re:I'm not sure. by grmoc · · Score: 1

      I happen to agree that DRM is evil, but there is such a thing as a lesser of evils, and that is what DRM is without vendor-lock-in, as opposed to DRM with vendor-lock-in.

      You're assuming that I'm defending Congress-- Incorrect assumption. I'm merely trying to discuss the issue. If I could have the DMCA repealed, I would. Furthermore, I'd like to see the term of various IP protections shortened by a fair amount. (70 years plus life of author is about two lifetimes too long for me.)

      When given the choice between an evil and a lesser evil, I choose the lesser evil. If congress is seeing pressure to make loophole laws to circumvent the DMCA I'm going to be cheering it on, especially when I see someone using its terms to enforce vendor-lock-in, as is my perception of Apple's behaviour.

      As for using programs to remove the DRM from the AAC-Fairplay files. This is now a felony (evil DMCA). Isn't that fun?

      The fun thing about capitalism is that it destroys itself. Without laws regulating it, you don't have capitalism anymore. I place little stock in 'the rules of capitalism'. I do think, however, that the politicians should not be making laws for special-interests, but I'm not going to hold my breath and wait for that any time soon.

      I don't disagree that Apple may have achieved its position in the market through innovation, which is to be commended and encouraged. I do see, however, that Apple is trying to use its iTunes and Fairplay technology to capture its market (via vendor-lock-in).

      If you're a strong proponent of capitalism, then you should be encouraged that Congress is going to encourage competition-- without the DMCA it seems likely that either or both would have legally reversed-engineered the format.

  144. My GSM phone won't work on Sprint's network by amichalo · · Score: 1

    Boo Hoo...my GSM phone won't work on Sprint's non-GSM network. Let's pass a LAW that makes it illegal for Sprint not to support a technology that was never advertised by Sprint to support.

    THAT WAY we could have more lawsuits! yippee!

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  145. DRM of all kinds sucks by Anonymous Coward · · Score: 0

    When you download from a WMA site, do you get copy protection with it? Yes, you do. (I have to guess about this, because those sites won't even let my OS X computer even look at what they have.) When you pay your Napster-to-Go fee, is there copy protection? Yup. In fact, it makes all that music disappear when you stop anteing up.

    Would the labels go along with ANY online music sales that didn't copy protect? Nope. The only one I know of is that quasi-legal site in Russia, and the music industry isn't pleased about it at all. Will Windows allow all its WMA formats to be published? Real? No. How about their copy protection? Free licensing across platforms? Nope.

    If Congress wants to decree one form of copy protection for every online music site, and require one format to be supported by all music players, I'd be for it. The software companies and record labels who give them donations wouldn't be for it. They just want to take down Apple, because they're the industry leader.

  146. Big Deal by Anonymous Coward · · Score: 0

    So what? Why not just download music from BitTorrent, it's a lot cheaper.

  147. What's good for us may not be good for Apple by Zhe+Mappel · · Score: 1
    Even grandstanding idiots like Lamar Smith can blunder into the correct position. Interoperability may not please Apple, and yes, Microsoft is horribly proprietary, too. But those are both red herrings. Interoperability is an easily demonstrated good for us as consumers, and proprietary DRM is bad. That must guide our positions, even if a sacred cow gets gored--or should I say cored? ;-).

    Not surprisingly Apple is in a precarious position. Is it any wonder, Jobs having bedded down with one of our most corrupt industries? The labels have one goal--restoring their traditional market hegemony--and since Jobs has refused to raise prices they will, at the earliest opportunity, screw him. Only iPod's dominance is keeping this shaky alliance going. The moment that crumbles...

  148. Congress tries to out hillbilly itself by Bedloe · · Score: 1

    Let's see, Apple users are more likely to be gay, liberal, educated, and less religious. Apple's CEO gives big money to democrats and liberal causes. Is it any wonder that our redneck, bible-thumping, war-mongering congress would go after Apple?

    --
    "Talking nonsense is man's only privilege that distinguishes him from all other organisms." - Fyodor Dostoevsky -Chines
  149. iPod limitiations by Anonymous Coward · · Score: 0

    One thing the iPod cannot do yet is play music from the future. When they add that feature there won't be any need for DRM right?

  150. then windows should run mac software by Anonymous Coward · · Score: 0

    if congress says this should be then it must be for everyone and windows has to open up to run all software currently used on other platforms and offer software that is identical to windows software must run on all other platforms through the efforts of microsoft

  151. Congress doesn't know anything... by Warlock7 · · Score: 1

    If this quote is true: "US legislators are debating whether to force Apple's products to interoperate with Microsoft's."
    Then it just goes to show that they aren't addressing a real issue here. iTunes is compatible with Microsoft Windows and the iPod works with Windows machines as well. The problem is that the iTunes Music Store's DRM doesn't work with third party digital music players. If congress wants to address an issue, that is the issue they should be addressing. The quote doesn't actually address the issue they want to go after.

    Apple shouldn't testify at these hearings as congress clearly doesn't know what it is that they are talking about.

  152. Re:OT: Your sig! by hobbit · · Score: 1
    You're an idiot. You're such an idiot that in trying to address a load of nonsense that someone else has written, you have actually managed to write a greater amount of nonsense yourself.
    Only about 1000 people were killed in those 5 years and that was considered a lot.
    Only 1,000 and it was "considered" a lot? Which is it? Only 1,000 or a lot?
    Currently, 1000 is considered not very much in comparison with 10,000. At the time, it was considered a lot.
    AI and other so called human rights grousp stepped in and pressured the Socialists to stop the offensive an have cese fire
    What did AI "step" in? Doggy poo? Cat Poo? What is a "cese fire"?
    Get a grip. "What" is not a "cese fire". "What" is a word. Deliberately misunderstanding English does not a point make.
    There was a second attempt at a ceasefile last year
    What is a "ceasefile"? It sounds like a bunch of lawyers charging you down with tons of documents. As a former U.S.M.C, I can handle being charged down with a weapon, just please don't send a bunch of lawyers after me with a "ceasefile"!
    A ceasefile is what we call a typographical error. What has happened is that this guy's muscle memory has caused him to type 'file' rather than 'fire'. Somebody who calls themselves a "Senior Programmer" might understand this, unless what they actually mean is that they are more senior than their Aibo in their company, "Bedroom in my parents' house enterprises, LLC". Presumably USMC stands for "Unsatisfied Stroppy Masturbating Child", in which case I must pick you up on incorrect use of the word "former".
    As of today the death toll approaches 10,000.
    What day is "today"? Monday? Montag? Lunes? Please explain!
    Allow me. When a journal entry is marked "13:36 Wednesday 20 October 2004", the "today" to which it refers is Wednesday, 20th October, 2004. Thank you.
    None of this would have happened had a bunch of aging hippies not stepped in.
    What in the world did the "aging hippies" step in that caused "all of this"? Please tell me so I can send this information around the world to all "aging hippies" to make sure that none of them ever step in [UNKNOWN] again.
    At last you have a chance to attack the outrageously unsubstantiated claim in his argument, and instead you talk about poo. I suppose by now I should have been expecting this.
    In the end the people that are getting killed are not the aging hippes or anyone they knew
    So "this" all ended? None of the "aging hippes" or people they "knew" died? Well at least it all ended!
    No, you idiot, "the end" refers to the end of time. What else could it possibly refer to? Some sort of intermediate point in time? How could it be "the end" then? Not very bright, are you?
    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  153. Re:OT: Your sig! by AstroDrabb · · Score: 1
    Oh, get a grip you little baby. I was pointing out how horrible the grammar was in that journal entry. The guy was advertising that journal entry in his sig; he could at least run a spell checker and grammar checker.

    Is your time that unimportant that you need to defend poorly written journal entries?

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  154. Re:Dump the DMCA by Anonymous Coward · · Score: 0

    I agree. Congress should either pass the DRMCA or repeal the DMCA and let the free market handle it. Let Real include pyMusique or Hymn with their players.