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Napster Blames Microsoft for Lack of Sales

An anonymous reader writes "AustralianIT is reporting that Napster has blamed their inability to compete with Apple's iTunes on technical glitches from Microsoft. From the article: '"There is no question that their execution has been less than brilliant over the last 12 months," Napster chairman and chief executive Chris Gorog said at a New York conference. "Our business does rely on Microsoft's digital rights management software and our business model also relies on Microsoft's ecosystem of device manufacturers."'"

319 comments

  1. I think I see the first problem by Langfat · · Score: 4, Funny

    "Our business does rely on Microsoft..."

    Now if that doesn't set off warning bells...

    1. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      What the fuck are you talking about?

      Do you think they should concentrate on the 5,378 or so Linux-users, who think they must get everything for free?

      Fucking fag. Shut the fuck up.

    2. Re:I think I see the first problem by pembo13 · · Score: 1

      My sentiments exactly. Surely there are other ways of producing DRM media, if that is infact what their business model dictates. I get all my music from allofmp3.com anyways.

      Btw, I see you have a friend who just learnt the f-word.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    3. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      What the fuck are you talking about?

      Do you think they should concentrate on the 5,378 or so Linux-users, who think they must get everything for free?

      Fucking fag. Shut the fuck up.


      Listen Bill, I know stuff hasn't been good for your business lately (no pun intended), with the launch of vista and all. But please don't troll in our respectful forum. kthnks... :)

    4. Re:I think I see the first problem by Fred_A · · Score: 5, Funny
      Apparently they came up with a new twist :
      1. Pick market MS is considering
      2. Rely on MS
      3. ???
      4. Die a horrible death


      Sorry, no profit for you.
      --

      May contain traces of nut.
      Made from the freshest electrons.
    5. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      TFA was specifically talking about the DRM issues in windows, not the OS in general itself. Napster is relying on Microsoft implemented DRM (which is underperforming) as compared to Apple which designed their own. Really, I blame Napster in this one, since all they seem to know how to do is play the blame game when their buisness model failed.

    6. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      Do you realize how many businesses in the world actually heavily rely on Microsoft by running key business functions both on their operating systems and their office suite.

    7. Re:I think I see the first problem by StormReaver · · Score: 2, Insightful

      "Apparently they came up with a new twist..."

      Actually, there's nothing new here. It's the age old story of the software industry:

      1) Rely on Microsoft.
      .
      .
      1+x) Die a horrible death.

      Although I think Napster has other facets of its business that may account for its eventual demise outside of Microsoft, such as marketing a product that customers don't want -- highly publicized crippling of digital music files.

    8. Re:I think I see the first problem by indifferent+children · · Score: 1
      Listen Bill, I know stuff hasn't been good for your business lately

      No, that AC rant smells like Ballmer to me. Didn't you get a visual of a tubby AC throwing a chair?

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    9. Re:I think I see the first problem by MightyYar · · Score: 2, Insightful

      "Running key business functions on" and "business model depends on" are two very different things. Microsoft's email system too buggy? Migrate to another. Windows too flaky? Migrate to another. Office apps, databases, etc... same thing. If Napster migrated from Windows DRM... oops, no users can listen on a portable device. Apple had to get around this by manufacturing their own device and their own DRM - unless Napster takes that route, they are 100% dependent on a single vendor - Microsoft.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    10. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      I blame napster too but because it's asinine to rely on micrsoft to deliver a working up to spec product on time for your business model. They never have and that's the facts.

    11. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      In other news, Napster blames global warming, the Earth's changing magnetic field, and even Apple itself for not being able to compete with Apple. Anything but taking responsibility for the fact that your product sucks balls.

    12. Re:I think I see the first problem by XMilkProject · · Score: 1

      To be fair, this is not a bad business model, A good number of first tier VC's will happily fund a parasitic business model.

      You'd be surprised at the number of companies that are funded and startup with nothing but liquidity to microsoft as their main objective. And many of them are successful.

      Visio for instance, was funded and started purely to make a product that worked well in the MS Office suite, and as they had planned, microsoft bought them for a hefty price.

      Similarly with MS Flight Simulator (the game).

      Companies such as Symantec make products purely to keep your Windows machine working properly, they very solidly leech off of microsofts customers, as napster is doing. And it has worked reasonably well for them.

      --
      Big ones, small ones, some as big as yer 'ead!
      Give 'em a twist, a flick o' the wrist...
    13. Re:I think I see the first problem by IAmTheDave · · Score: 1
      Although I think Napster has other facets of its business that may account for its eventual demise outside of Microsoft, such as marketing a product that customers don't want -- highly publicized crippling of digital music files.

      Yes, instead of joining the MS bashing elite, perhaps we should focus on the fact that the devices suck, the music is crippled, and iTunes and the iPod are better devices. No Napster music on the iPod? Well, no duh your product isn't selling like hotcakes. Music plays on iTunes? There you go...

      There are tons of businesses that rely on MS - especially in the web site hosting and development vein - and all are doing quite swimmingly. Let's not follow Napster's lead and blame MS - what a cop out. No no - let's put blame where it belongs, on the shoulders of Napster and its poor choice of delivery systems.

      Just like I refuse to blame McDonalds for people getting fat, I refuse to blame Microsoft for another company's failed business plan.

      --
      Excuse my speling.
      Making The Bar Project
    14. Re:I think I see the first problem by WindBourne · · Score: 1

      Visio was started in 1990. You are saying that Visio wanted to sell themselves to MS PRIOR to MS buying up companies? That is called urban myths.

      Likewise, Flight sim was started in 1980 for Apple II's. It had NOTHING to do with MS. So you are suggesting that Bruce Artwick did Flight Sim in 1980 KNOWNING that MS would be running around buying up companies?

      In fact, rather than putting out garbage facts, take a closer look at the dot.coms. The companies that did well are those that did NOT go down the MS path; Google, Yahoo; Amazon; etc. The numerous companies who survived AND used MS where those that had a real storefront combind with a virtual one. Plain and Simple, the vast majority of those that went under were MS, even though windows never accounts for more than 50% of all webs (and IIS throughout the 90s as in the 10-15% level). If anything, MS is a good predicator of impending failure. In fact, if you are doing something inovative, and you are on Windows, MS is far less likely to buy you than if you are running something with OSS. Consider the cases for all the anti-virus that MS bought. All were on Linux. All the Windows based ones, MS is about to put out of business, rather than buy them. See a pattern there? I do.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    15. Re:I think I see the first problem by MrAnnoyanceToYou · · Score: 1

      Occasionally software providers who depend on Microsoft don't die horrible deaths, they receive a fate worse than death and end up with their company bought and working for them.

    16. Re:I think I see the first problem by wanorris · · Score: 1

      I think Napster has other facets of its business that may account for its eventual demise outside of Microsoft, such as marketing a product that customers don't want -- highly publicized crippling of digital music files.

      On the other hand, AFAIK, Rhapsody is still doing swimmingly.

      They got their business model off the ground with even more limited access to the music than Naspter has -- for years, their music was only available as a stream, and the only file on your local drive was a cache you couldn't access.

      But Rhapsody has always had a clean interface that's easy to explore for new music -- perfect for people who love music, and want to listen to new things. And while they've never had the explosion that iPod/iTunes has had, they've always had a strong customer base, and they grow by word of mouth.

      Now that you can listen to DRM'ed files while you're offline and transfer those files to a mobile player -- albeit not an iPod(TM) -- the service seems even more powerful, not "crippled."

      I think Napster ultimately just isn't as good a service, and that's why they're failing.

    17. Re:I think I see the first problem by jandrese · · Score: 1

      One thing Rhapsody got right is that they never claim to be a music store. They sold themselves as an online radio service, which people were willing to accept the "you don't keep the music" model with.

      I had Rhapsody for awhile. I thought it was underwhelming. One of the odd things you can do is say "I'd like to make a radio station of Weird Al Yankovic (or whoever)", but the thing is, if you did this you would get almost no Weird Al songs at all. Rather, Rhapsody would pick a bunch of songs that it thought were similar and play those instead.

      In the end, I didn't see the big advantage over regular (free) internet radio, and dropped the service.

      --

      I read the internet for the articles.
    18. Re:I think I see the first problem by wanorris · · Score: 1

      Yeah, their artist stations never worked very well, partially because of all the annoying regulations about how often you can play the same artist on a streaming radio station.

      On the other hand, the feature where you can build a radio station out of 10 different artists and related music can be kind of fun. If you're so inclined, it's an interesting optimization problem to try to get the right mix of different artists based on who you include in the list and who you leave out.

      But yeah, I've got plenty of friends that prefer streaming radio -- there are some good stations. Mostly I just love the ability to put almost anything out there into a playlist based on what I feel like listening to today.

    19. Re:I think I see the first problem by Anonymous Coward · · Score: 0

      Wow, what were they thinking? Relying not only on MS, but, one of MS's technologies that try to take rights away from users. I'm sure that goes over REALLY well...

    20. Re:I think I see the first problem by hhlost · · Score: 1

      Running (and therefore relying) on MS software and supporting users who use MS software are two different things. I'll make sure IE users can view my Website, but I'd never use Windows server!

    21. Re:I think I see the first problem by geekee · · Score: 1

      "Occasionally software providers who depend on Microsoft don't die horrible deaths, they receive a fate worse than death and end up with their company bought and working for them."

      That's why Microsoft made the list of top 100 best companies to work for and Apple didn't.

      --
      Vote for Pedro
    22. Re:I think I see the first problem by MrAnnoyanceToYou · · Score: 1

      For someone who is productive working for a small company, suddenly being pulled into working for a large one like Microsoft is either what they always wanted or a sudden and unpleasant jump into a pot of boiling water. The people with large stakes in the company are happy because the money is awesome, but things are definitively different when you switch types of organization.

    23. Re:I think I see the first problem by akac · · Score: 1

      I've visited MS and saw some friends who work there. Its a nice place, but definitely not anyplace I would want to work. Cramped hallways. Tiny tiny offices. Outside it was beautiful. Inside...except for the labs, I was getting claustrophobic in just 2 hours.

      I've also visited Apple campuses. Far more "fun". Far more relaxing and beautiful. I know they don't pay as well as MS, but gosh darn - you gotta be there over 8 hours a day.

    24. Re:I think I see the first problem by Da+VinMan · · Score: 1

      I have to agree about Napter. However you also said this:

      Just like I refuse to blame McDonalds for people getting fat...

      This is completely OT, but if McDonald's changed their products to contain less fat and more whole foods and their regular customers dropped statistically measurable body fat points (obtensibly as a result given that these are regular customers I'm talking about), then who gets credit for that improvement in the overall health of the population of McDonald's regulars?

      I would agree McDonald's didn't create the problem of obesity and all the resulting health effects. I would agree to that just to get past that point, if for no other reason. Companies like McDonald's are very concerned with accepting liability for products developed in a past which shaped though products without concern for health ramifications. But, because they are so large today, I would argue that they could help solve the problem. If they (and other organizations like them) refuse to do so, THEN they become part of the problem down the road.

      --
      Please mod this post only if you think others should/n't read this. I have enough ego^H^H^Hkarma. Thanks!
  2. LOLOMG! by liangzai · · Score: 1

    Why, just switch to Fairplay then, you insensitive clods!

    1. Re:LOLOMG! by Anonymous Coward · · Score: 2, Insightful

      Apple doesn't allow that so you can't.

      "Virgin demands Apple license iTunes DRM"
      http://www.theregister.co.uk/2004/08/06/apple_vs_v irgin/

      "iTunes, DRM and competition law"
      http://www.reckon.co.uk/open/iTunes

      "Apple Avoids French Courts Opening FairPlay DRM"
      http://digital-lifestyles.info/display_page.asp?se ction=business&id=1769

      I know Apple is seeing as gods here and this will be modded down to oblivious but hey face it, in this field they are as monopolistic as microsoft. Why is it so hard for some companies to play nice with each other ?

    2. Re:LOLOMG! by Recurve+Boy · · Score: 2, Insightful

      "I know Apple is seeing as gods here and this will be modded down to oblivious but hey face it, in this field they are as monopolistic as microsoft." You're not going to be modded down because you point out Apple is a monopoly. You are going to be modded down because you fail to understand that being a monopoly in and of itself is not a bad thing. What Apple has done is entirely _opt-in_.

    3. Re:LOLOMG! by Anonymous Coward · · Score: 0

      So far, nobody has made a decent offer to Apple. Virgin and RealNetworks, the companies who "demanded" that Apple should open up FairPlay were just looking for a free lunch at Apple expense. What did they bring to the table? Apple is not a charity for a bunch of losers.

    4. Re:LOLOMG! by Anonymous Coward · · Score: 0

      Why not switch to foreplay? you insensitive clodette

    5. Re:LOLOMG! by Overly+Critical+Guy · · Score: 3, Interesting

      Every time I see these "I will get modded down for criticizing Apple" posts, it never is. Would people stop with the whining about the Apple love on Slashdot?

      Apple's "monopoly" is opt-in. Apple isn't signing illegal OEM deals to prevent the shipment of competing products, the way Microsoft did in the 90s. You're free to buy any player you want at the local Wal-mart.

      --
      "Sufferin' succotash."
    6. Re:LOLOMG! by d34thm0nk3y · · Score: 1

      You're not going to be modded down because you point out Apple is a monopoly. You are going to be modded down because you fail to understand that being a monopoly in and of itself is not a bad thing.

      Exactly, the bad thing is leveraging your dominance in one market to grow another.

      Buying Windows or a PC with Windows is _opt-in_ as well. What is your point?

    7. Re:LOLOMG! by Anonymous Coward · · Score: 0

      Buying a PC at the local superstore without Windows is pretty unlikely - more _no-option_
      Buying a music player without Apple DRM is easy - huge choice, get them anywhere.

    8. Re:LOLOMG! by spruce · · Score: 1

      If you took off you i-Goggles you'd see that there are indeed many Mac Fanboys who get modded up regularly on Slashdot, and if you dissent against the reality distortion field you will feel the brunt of the force from the Jedi Apple users.

      But don't belive me if that suits you.

    9. Re:LOLOMG! by Senzei · · Score: 1
      Every time I see these "I will get modded down for criticizing Apple" posts, it never is. Would people stop with the whining about the Apple love on Slashdot?

      If you deliberately mention that you will get modded down for making a statement people will not do it. Fail to mention it and the fanboys come out of their dark, chrome covered corners and stab you in the back with a one button mouse.

      BTW: I'll probably get modded down for saying that.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
    10. Re:LOLOMG! by Overly+Critical+Guy · · Score: 1

      Ah, the tact of the Apple-hater with nothing left to say--accuse me of having blinders. Many Mac Fanboys get modded up, as do many Apple haters. It's amazing how people discover an opposing opinion has been given a voice, and they latch onto it and decide the entire site is reflected in that single post.

      I don't believe you because you're simply flat-out wrong.

      --
      "Sufferin' succotash."
    11. Re:LOLOMG! by spruce · · Score: 1

      I'm by no means an apple hater. I really could care less about them, I had to use my friend's Mac for a year and I ould browse the web fine with it.

      But if you really think there's an even distrubtion among the slashcrowd between Apple Zealots and MS Zealots & how they get modded, then you're too far gone. I didn't come to this realization from a single post - I came to it from reading /. for years. Google, and Apple are given the benefit of the doubt, while MS is amost always assumed to be doing evil by the majority of posters. You can't possibly argue with that, but I'd love to hear you try!

  3. Apple by biocute · · Score: 1

    Why can't Napster do what iTunes has been doing?

    1. Re:Apple by m50d · · Score: 1
      Why can't Napster do what iTunes has been doing?

      Because Apple refuses to license the DRM technology they're using. They're making too much off iTMS, they want it all to themselves. Real attempted to sue them to get them to license it, but I don't think they've succeeded, at least as yet.

      --
      I am trolling
    2. Re:Apple by Keeper · · Score: 1

      Not quite. Real figured out a way to get their DRM'd content onto an iPod and Apple sued them. Quick link: http://www.windowsitpro.com/Article/ArticleID/4334 5/43345.html?Ad=1

    3. Re:Apple by Keeper · · Score: 1

      Actually, I'm smoking crack ... I'll I'm seeing is "possibility" of a lawsuit; I don't think one has actually been filed yet. Don't mind me, I'll let myself out the back door ... ;)

    4. Re:Apple by jimicus · · Score: 1

      If you mean "sell things in AAC format", they'd probably want to license that to avoid any risk of a lawsuit. And Apple isn't licensing it. Even if they did, the big benefit of iTMS is "integrates with iTunes" - I don't see Napster being able to do that, as they don't control iTunes.

      If you mean "devise their own DRM, media player plugins and server infrastructure" - well, there's a whole heckuva lot more work needed to do that than there is in just hooking into Windows Media Player - and unless you're a really big name (rather than one which was once synonymous with free music but has been all-but forgotten) who can offer a unique selling point, you'll be trampled all over by the other companies who are doing the exact same thing but can do so more cheaply as they didn't have to R&D a whole new DRM mechanism.

    5. Re:Apple by Anonymous Coward · · Score: 0

      "Don't mind me, I'll let myself out the back door ... ;)"

      You might as well, that's how Microsoft got in.

    6. Re:Apple by zootm · · Score: 1

      Because making a hardware player, bringing it to be the forefront of its market, then tying it to its music store and locking out competitors from using its DRM scheme is considerably more difficult than it appears.

    7. Re:Apple by klang · · Score: 1

      no matter how Napster sells their product, they are compeeting for 20% of the digital music download market. For some strange reason, iTunes has the rest. Maybe, just maybe because 80% of the customers want to keep what they buy?
      And thats where you have a point: NOTHING prevents Napster from implementing the excact same DRM restrictions as Apple.

    8. Re:Apple by dwandy · · Score: 1
      you'll be trampled all over by the other companies who are doing the exact same thing but can do so more cheaply as they didn't have to R&D a whole new DRM mechanism.
      Apple wrote their own DRM (or at least bought exclusive rights).
      Apple isn't doing anything unique - selling music as a digital file isn't remotely their idea.
      So why would the expense of rolling their own hurt Napster more than it does/did Apple? Especially if they are complaining that the current DRM system "has been less than brilliant". If the "other companies" tie their wagons to a losing horse (read less than brilliant) they might* get in cheaper, but they still won't win.

      * ...and while the article doesn't say so, I can only assume that M$ is charging some kind of fee to use their DRM. Over a long period, this may pay for the custom code.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    9. Re:Apple by The+Ultimate+Fartkno · · Score: 3, Insightful

      Because iTunes allows people to do what they've always wanted to do, which is buy music. Napster's business model consists of "pay us each month and you can listen to any of the music we own, but stop paying us and you lose it all." The only people on earth who thought that was a good idea were Napster's accountants. It's not even rent-to-own, it's just pay-to-listen. They're trying to market it like it's iTunes, but it's really more like XM Radio without the nifty receiver.

    10. Re:Apple by dwandy · · Score: 1
      They're trying to market it like it's iTunes, but it's really more like XM Radio without the nifty receiver
      ...but where you get to be the DJ (or have to be the DJ, depending on your point of view). To those that want to listen to a specific song at a specific time being able to demand that song from your player is what is required: can't do that with XM.
      I've read a number of people who like the idea of 'renting' and maintain that they don't listen to their archive - I for one *rarely* dip into my archive.

      I think the problem with 'renting' is that it's gotten bad press, and/or was badly spun/sold. The articles I read all talked only about the negatives of not owning the music, when really it's a trade: Given a fixed monthly expense choose unlimited quantity over a limited duration vs limited quantity over an unlimited duration... and the limited duration only applies if you stop the monthly expense. I suspect that if people did the math they would find that they could access more music for less money with a rent scheme; they're just locked into a specific vendor forever...but since the music cartel is really a single entity anyways, does it really matter?

      People 'rent' all kinds of things: cars (lease new one every 4-yrs), cable modem, hot-water tank, beer. No one gets upset about 'renting' these because they see the value in getting a new one - and such is the value in 'renting' music. Sure it's not for everyone, but I suspect more people might have tried it if the marketing and media response would have been better.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    11. Re:Apple by jimicus · · Score: 1

      You could at least have read the comment I posted ;)

      unless you're a really big name... who can offer a unique selling point

      Apple has a unique selling point: integration into iTunes, and thus the iPod.

      You go out, buy an iPod. It's got something like 70-80% market share, all your friends have one. You install the software that comes with it - iTunes. First thing you see: BUY MUSIC FROM THE iTUNES MUSIC STORE!

      Apple was also first to market with the iTMS. (Yes I know other companies were legitimately selling music online before then. How many of them were selling well-known popular music - you know, the sort that makes money and arranges for Britney Spears to go in for a knee operation and come out with bigger boobs?)

      Can you remember who was second? No?

    12. Re:Apple by jwin1020 · · Score: 1

      I assume you actually mean "sell things in AAC format with FairPlay DRM". AAC itself is an open standard which is superior to MP3. Too many people think of AAC as an "Apple" standard when in fact it is part of the MPEG-2 standard.

      Jason

    13. Re:Apple by Life2Short · · Score: 1

      Has anyone thought that if Napster is simply "renting" you the music for a monthly fee, then their competition isn't Apple and iTunes, it's satellite radio? For a similar subscription fee, I get lots of music and a very large number of talking heads. I don't have to screw around with all the computer BS, and the signal is available most anywhere I go. Same deal in the end, when I stop paying the monthly fee, the service goes dead. Personally I would think that satellite radio would have a lot more appeal.

    14. Re:Apple by Frank+Battaglia · · Score: 0

      How does one rent beer? Beer is a consumable. You can hardly repossess beer once I drink it.

    15. Re:Apple by 'nother+poster · · Score: 1

      Well, the problem with your logic is that most people only want to listen to a limited quantity of songs. Why in the world should I pay for access to say, 22,000, songs when there are only 2000 I give a shit about? Why at the $15 monthly fee Napster charges in thirteen years I could own them all. That's quite a few years, but I expect to live about another 40, so it is much cheaper over my life to buy the ones I wish to listen to. If I am a total music nut, I bet I could still get most of what I want to listen to with the $7200 it would cost me for Napster the rest of my life.

    16. Re:Apple by wanorris · · Score: 1

      Why in the world should I pay for access to say, 22,000, songs when there are only 2000 I give a shit about? Why at the $15 monthly fee Napster charges in thirteen years I could own them all.

      If iTunes works well for you, good for you. But I would point out that by this methodology, you're going to wait for years and years to listen to most of those 2000 songs. If you don't really like them all that much, that's no big deal, but personally, I'd rather listen to the music I want to listen to now, not a decade from now.

      I've listened to literally thousands of albums on Rhapsody -- at home, at work, on my mobile player, in the car. Buying those thousands of albums (and counting) would cost me far more than renting them ever will.

      Besides, one of the things I love most is that I can listen to any new music I hear about without having to settle for 30 second excerpts or buying the music in advance to see if I like it. I would never have listened to many of those thousands of albums if I had had to buy them on iTunes or as CDs.

      As I said -- if iTunes works for you, more power to you. But I just have too broad a taste in music to settle for iTunes.

    17. Re:Apple by dwandy · · Score: 1
      when there are only 2000 I give a shit about? Why at the $15 monthly fee Napster charges in thirteen years I could own them all.
      'cause in 13 yrs (didn't test the math, I'll take your word for it) there will be a different or at least additional 2000 songs you will give a shit about.

      As I stated, sure, this won't be for everyone, some people really do listen to only (or mostly) older music, and so if you in fact stop (or sufficiently decrease) your spending habit you may come out ahead by owning it outright.
      If, on the other hand, you are going to continue to buy new music as it is created and released, you may well find it less expensive to simply pay a monthly subscription for unlimited music. If you never stop buying CDs or if you never cancel your subscription then the cost is the same, but with unlimited music you get access to more content for less money.

      Other option: You buy monthly subscription service, and listen to a lot of different music. A lot. You get to find out what music you really really really like. Your player keeps stats for you. Some time later (like when you're 60) you decide that you want to cancel your subscription 'cause you don't listen to the new fangled rawk any more. Now go buy the few dozen that really really really stood the test of time. Despite the fact that you said 2000, I suspect you will only keep a few dozen in true long term rotation. The rest of the stuff, you'll never listen to again.

      But is this model for everyone? for the third time: no. Is it for more people than are currently using this system? Quite probably. My point was that it's just gotten bad press which was never countered (spun), and imho wasn't been well marketed to begin with.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    18. Re:Apple by MetaPhyzx · · Score: 2, Insightful

      What kills me is the number of posters lighting into Apple for having a closed system. And that's what it is. The Mac, closed system. iPod iTunes, closed system.

      But you've got Yahoo, Napster and 50 million PlaysForSure groups complaining that Apple won't license FairPlay to them, so that they can compete. And I don't blame Apple. Call me a fanboy if you want.

      If I were Apple, I'd do the same damn thing. None of those who want to get in on things have supported Apple's hardware very well or at all, have they? Yahoo hasn't upgraded their version of Messenger for Mac in 3 years. How much do you want to bet that none of these stores supports Mac users? I have a non iPod branded music player; can I go to their sites and download music? No. Microsoft doesn't even MAKE Media Player for Mac anymore, and when they did, it sucked. And how ironic it is that the iPod craze is fueling Apple hardware sales?

      The initial iPod wasn't even PC compatible. iTMS either. My only choice for stateside mainstream purchased music was iTunes. They were created in part, to offer to Mac users what PC users were getting. They were getting it poorly, but hey. But as usual, the minute you open up your product to those who poo poo it and talk about Mac users as fringe players it's a different story. The iPod takes off, and people are living the iLife.

      Apple licensed FairPlay (in some form) to Motorola. There was a long relationship there; up until Motorola spun off Freescale, Moto chips were driving Macs. Same with HP. For all it's flaws, HP imaging hardware always had decent Mac support. Apple licensed the HP branded iPod. HP canned the agreement, not Apple. That tells me Apple is willing to deal with others. BUt they are under no obligation to deal with those who aren't bringing shit to the table or halfway support their hardware.

      --
      Blacker than my baby girl's stare. Black like the veil that the muslimina wear. Black like the planet that they fear...
    19. Re:Apple by TrevX · · Score: 1

      I completely agree with everything you've said. There has to be some give and take here. Apple is right to hold back licensing fairplay until the other companies start playing ball with Apple. All they want is a piece of the pie and not have to pony up anything. The problem for those other companies is that Apple has the steam and money in the bank to outrun them all in the music business. Napster will die soon and become nothing but a bad memory, and they don't have anyone else but themselves to blame.

      Trev

      --
      I support the right to arm bears.
    20. Re:Apple by just_forget_it · · Score: 1

      Exactly, This is why iTunes is number one. You pay once for a song and you keep it. There are no monthly subscription fees. I don't understand why Rhapsody and Napster are going with the subscription model rather than the pay-per-download model that is kicking their asses. People don't like paying more than once for the same thing. Like I told a brainless Best Buy drone who tried to sell me Rhapsody: Wow! songs are 20 cents cheaper than iTunes but I have to pay a monthly fee that effectively negates said savings and I end up paying more for music unless I download at least 30 songs a month? Where do I sign?!?!

    21. Re:Apple by fermion · · Score: 1
      All of these groups wants to suck of the teat of MS, and then complain that MS does not provide enough milk. MS is just one company, and it's purpose is to make a profit, and helps others when it helps the bottom line.

      So Apple is one of the few computer companies who is not happy being on the MS dole, and tries not to be. But the rest of the world complains about this, and then complains that Apple won't license, and then complains that MS changes things so that existing options go away.

      Fundementally the problme is that we have too many people that want free milk, and too few people that are really willing to work for it. Napster, et al, could license or create a non-MS drm, then apply that DRM to a number of differenct players and shops. These could be created for any numbe of OS, even OSS, though the jukebox and drivers of course could be closed.

      So the bottom line is the companies like Realplayer and Apple created a profit generating bussiness model. The other companies are little more than some MLM, where MS is at the top, the labels take thier cut, and everyone else is just selling content to each other, hoping to get enough 'associcates' to make a profit.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    22. Re:Apple by soft_guy · · Score: 1

      Can you remember who was second?

      Yes, I do. Music Match was second. They ran very aggressive ads against Apple and priced their music at 79 cents per song rather than Apple's 99 cents. Also, their spokesperson (CEO?) said that Apple was "stupid" because they came out with iTMS for Mac first rather than Windows. He predicted that Music Match would dominate the market because they were able to reach 95% of the potential customers while Apple was only able to reach 5%. He really went on and on about how "stupid" Apple and Steve Jobs were for this.

      Also, I seem to recall they had some ads that were parody's of Apple's iPod ads at the time that involved smashing some guitars.

      Then, Apple came out with iTunes for Windows and I never heard about them again. Maybe it wasn't so stupid after all to get the bugs out of a large system like iTMS using your super-loyal Mac customers as guinea pigs before turning on the spigot for the rest of the world.

      --
      Avoid Missing Ball for High Score
    23. Re:Apple by Overly+Critical+Guy · · Score: 1

      Given a fixed monthly expense choose unlimited quantity over a limited duration vs limited quantity over an unlimited duration... and the limited duration only applies if you stop the monthly expense.

      Exactly. So it's not unlimited. Stop paying Napster, and suddenly you've lost your entire music collection as if you never got anything at all. That makes consumers feel like they've been paying Napster all that time with nothing to show for it in the end. The albums I've bought over the years on iTunes will always be mine, even if I never buy another thing from Apple. It's not bad press; it's common sense reaction.

      --
      "Sufferin' succotash."
    24. Re:Apple by AndersOSU · · Score: 1

      Way to many people in this discussion just think that another company can come along and steal apples buisness if they mimic apple's buisness. This is simply not true. Because apple did it first it is now much harder to get into that market. Barrier to entry and gigantic market shares being what they are any new competitor is a lost cause unless they have something ttruely unique - and I think the RIAA aren't going to let anything unique happen in the digitial music market.

      Now as to whether Apple's near monopoly is a positive result of a free market (they got their first - they deserve the profit) or a negative result of a regulated industy (copyright and the RIAA) and commercial nepotism is left as an exercise to the reader.

    25. Re:Apple by Overly+Critical+Guy · · Score: 1

      The amusing part is that people complain about Apple's "closed" system, yet Apple's is the only cross-platform solution. PlaysForSure is NOTHING MORE than Microsoft's attempt to tie digital media to the Windows platform. Absolutely everything Microsoft does, from consoles to ugly tablet PCs, is to get people tied to the Windows platform in some way, shape, or form, regardless of resulting quality. There is no PlaysForSure for Mac, because PlaysForSure is all about Windows, not music.

      As you pointed out, Apple has tried working with others, but people like HP cancel the deal and go running back to Microsoft, probably due to some backdoor coercion that involved increased Windows licensing fees or something.

      --
      "Sufferin' succotash."
    26. Re:Apple by ejp1082 · · Score: 1

      The problem with your logic is that the subset of 2,000 songs you give a shit about changes with time. Something gets released, you become familiar with it, like it, listen to it a lot, eventually get bored with it and listen to it much, much less.

      There's so much music that I "own" on CD and just don't listen to anymore, some albums I haven't played in years... ultimately, what benefit do I have for "owning" those CD's vs. simply subscribing to a rental service? Not much.

      Your argument could be the same for Cable TV, Netflix, or sattelite radio, or anything that's tied to a subscription rental. I'm not sure why some people have such a hard time getting their heads around it applying the same model to music.

    27. Re:Apple by Anonymous Coward · · Score: 0

      Do people know that you're not required to pay a monthly fee, and can listen to 30 seconds of a song for free, or buy it for 99 cents? Then burn it to a CD, copy it to a (compatible) mp3 player, etc, etc...

      Maybe thats why Napster isn't doing so well, everyone is under the impression that it HAS to be subscription based.

    28. Re:Apple by shotfeel · · Score: 1

      One of us misunderstood the GP. My understanding is that he's asking why can't Napster use their own DRM and license it to all the device manufacturers they want? And if they want it to play on an iPod too, they need to write the software to make it work -they don't have to use Fairplay, there's room on the drive for 3rd party code.

    29. Re:Apple by m50d · · Score: 1
      there's room on the drive for 3rd party code

      ...which will be removed by Apple's next firmware update.

      --
      I am trolling
    30. Re:Apple by shotfeel · · Score: 1

      ...which will be removed by Apple's next firmware update.

      Then just copy it back to the hard drive. The iPod can run 3rd party code. I'm talking about Napster putting their own code on the drive which will unlock songs which can then be played normally. The problem with previous attempts is that they tried to make it Fairplay compatible when they should have just done their own thing. Maybe what I'm thinking about isn't possible, but AFAIK it should be doable.

    31. Re:Apple by dwandy · · Score: 1
      Exactly. So it's not unlimited.
      It is unlimited quantity as stated. Please re-read what I wrote.
      Stop paying Napster, and suddenly you've lost your entire music collection as if you never got anything at all. That makes consumers feel like they've been paying Napster all that time with nothing to show for it in the end. ... It's not bad press; it's common sense reaction.
      And yet the number of people leasing cars is increasing? When the payment stops, the car goes back, and no one feels hard done by.

      The definition of a rental agreement is temporary usage, normally accompanied by a decrease in cost (you don't pay the entire sale price, just a part of the sale price). As an example, a common 4-yr lease, you pay for approximately 50% of the vehicle, plus interest. Napster rents you US$700,000+ (based on iTunes US$.99 price) worth of music for (assume 75 year !lifetime! membership) CDN$9000, or about 1.3% of the current value. The 'current' value of course, will go up as the catalog size increases and my calculation excluded exchange rate. Both of which only decrease the percentage of the value you need to pay...

      Some other points:

      • Napster gives you instant access to all material. In other words, if you want to compare it with buying CDs over time, in month-1 buying CDs you only have ONE disc. Even bulk buying a year at a time only gives you a dozen CDs ~maybe 140 songs? Contrast that with 700,000+ songs, or 0.02% of the catalog size.
      • A CD typically costs more than CDN$10. So if you were buying a CD every month, (or more?) you are now saving money.
      • Neither during membership, nor afterwards are you prohibited from buying (as in owning) specific songs. While this sounds like paying twice, it's kinda like renting a video from Blockbuster, deciding you really like it and so you buy it. Lots of people do this, and no one thinks they are hard done by. Furthermore, everyone buys CDs that they listen to a couple of times and realise it's a dud. Having the chance to see which songs/CDs really stand the test of time before plunking down "purchase" money might make good sense. If the 'saving money' bit from the last point applied to you then you can use the savings to buy those CDs that you really want to keep forever.

      So I guess all I'm saying (and have been saying) is that it was badly marketed, received bad press, and this was never fixed. People rent all kinds of things. This model has different advantages. This model has one disadvantage, and that's the only thing that has gotten any coverage.

      Disclaimer: I am not a Napster member or user, nor am I affiliated with the company in any way. While I see a use for music distributers I hope much of this discussion becomes irrelevant by way of elimination of copyright ... (see link in .sig)

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    32. Re:Apple by klang · · Score: 1

      I do not claim that another company could "take away" iTunes sales by mimicing their business .. I am just amazed that nobody seems to mimic their DRM scheeme .. i.e. implement the same restrictions as FairPlay, but for wma files.

      iTunesMusicStore and iPod killers come along every couple of weeks .. never a iTunes, iTMS, iPod killer combination (which is the least a competitor needs, if they can't find something truely unique), which is why Apple will keep it's lead.

      Apple is still in the position to jump diffent ways .. leapfrog their own products with new, more attractive ones .. supporting wma would not be a problem, but woun't happen unless the monopoly thing gets to court .. (and wma supprt will probably happen before ogg support)

    33. Re:Apple by Unnngh! · · Score: 1
      AFAIK the subscriptions came out after Napster re-launched a couple years ago. I find the grandparent's statement an interesting one - their recent advertising may have inadvertently done them more harm than good.

      On the other hand, my girlfriend had an RCA mp3 player and wanted me to show her how to download songs. We tried two online services and with each one the DRM stuff was a complete PITA. The worst part was, though, getting the songs onto her computer, getting the license for the song, and getting the music onto the player. It took a while for me to figure it out, and it drove me nuts. She bought an iPod and problem solved.

      That's where I could see Napster having a viable gripe against MS. You do business with a company and they fall short of expectations and that impacts you directly - it would make me upset, too. That being said, if you weren't in a contractual agreement, there's not much legal standing at this point (IANAL), but still...I think they have some viable gripes about MS not being competitive in the marketplace.

    34. Re:Apple by Anonymous Coward · · Score: 0

      do that.

  4. Oh boo hoo... by Bin_jammin · · Score: 1

    Your service sucks almost as bad as your model, it must be time to start throwing blame around. What's next? Real blames everything on someone else for their awful product?

    1. Re:Oh boo hoo... by Jesus_666 · · Score: 1

      In fact they are. The press conference has been going for over a month now but all the Real PR guys say is "Buffering..." over and over.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    2. Re:Oh boo hoo... by camusflage · · Score: 1

      What's next? Real blames everything on someone else for their awful product?

      What? You think YOU can write a better application that is just this side of spyware and malware without having mass user revolt? You think YOU can integrate video games and an application for listening to streaming media, and not have it come out like some bizarre Mecha-Streisand??

      --
      The truth about Scientology, Xenu, and you: Operation Clambake
    3. Re:Oh boo hoo... by Bin_jammin · · Score: 1

      Can I write it? No, but with the money they have, can I hire a team that produces a better product? Yes.

    4. Re:Oh boo hoo... by Anonymous Coward · · Score: 0

      One problem -- Real is based out of Seattle, and the only programmers to hire are Microsoft rejects. If they were so shitty that even Microsoft wouldn't keep them, how can you blame Real for having crappy software?

    5. Re:Oh boo hoo... by Bin_jammin · · Score: 1

      So now we should let Real's crap off the hook because they can't get it together enough to find talent? Here's a hint, there's more than enough companies in the world that CAN find talent, try looking beyond Seattle, or even the pacific northwest in general. Try India or the Ukraine, I'm sure you can find a team of people willing to work these days. Hell, try McDonald's, I'm sure there are plenty of downsized talented coders working there.

  5. version 1 by jlebrech · · Score: 1

    Now if the first version of napster was Linux only everybody would be on Linux now.

    1. Re:version 1 by sumday · · Score: 1

      or slightly more likely: they'd be making even less money than they currently are and linux use would have increased by a very, very small fraction.

      --
      sudo killall humans
    2. Re:version 1 by larry+bagina · · Score: 1
      Actually, P2P applications did exist on unix/linux prior to Napster. Napster (windows) was a success because it had a critical mass of users, something a linux-only solution couldn't achieve.

      Considering the stereotype linux users have, I don't think you'd really want a large user based on pirating.

      --
      Do you even lift?

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

  6. Not pure anti-MS! by putko · · Score: 1

    I hate MicroSoft and Billy Gates more than most, but the article summary and title is simply unfair.

    Napster has to write software that works with Micrsoft DRM software, which has to interoperate with software from any number of hardware vendors.

    This is the classic problem that Linux people are familiar with: uniform hardware support is nearly impossible, due to hardware quirks. You've got N motherboard manufacturers that your software tries to work with. Sometimes it is impossible to write one piece of software that can work with any of N boards: perhaps the boards misidentify themselves, such that what works with one board crashes on another, and so on.

    That's the problem that Napster has.

    Microsoft's typical approach is to try to support as much hardware and user software as possible, even as they upgrade the OS, even if it makes their engineers lives hell. They don't want to get blamed for application or driver failures -- even though we know that the problems lie with the driver/app software writers. I remember seeing a blog from a M$ engineer, who described making app-specific patches to the OS so that fucked-up apps could still run, even as they changed the implementation of the window system.

    Apple has it much easier, in comparison: they do it all in-house.

    --
    http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    1. Re:Not pure anti-MS! by jcr · · Score: 1

      Napster has to write software that works with Micrsoft DRM software

      No, they do not. They have always had the option of implementing their own scheme.

      Apple has it much easier, in comparison: they do it all in-house.

      Exactly.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Not pure anti-MS! by putko · · Score: 1

      How do you think they could stay in business and not use Microsoft's DRM?

      That's why I used the word "has" -- in the sense that, if they want to stay in business, they must choose M$ DRM.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    3. Re:Not pure anti-MS! by Kjella · · Score: 2, Insightful

      No, they do not. They have always had the option of implementing their own scheme.

      No, in practise they haven't unless they
      a) want to get into the DRM system market, which requires a completely different business model than being a music service. The two big ones (MS's WMA and Apple's FairPlay) have other business reasons to be there, Napster doesn't.
      b) release an iPod-a-like. Otherwise they have to go after all sorts of different hardware manufacturers and end up exactly where they are today, only now they are the ones taking all the costs of spreading the DRM system.

      Apple has the one shop (iTMS), one application (iTunes), one player (iPod), (one Reich?) methodology. Napster is lightyears away from doing that. The best they could do would be to blow a ton of cash on being a half-assed Microsoft.

      --
      Live today, because you never know what tomorrow brings
    4. Re:Not pure anti-MS! by jcr · · Score: 1

      How do you think they could stay in business and not use Microsoft's DRM?

      Apple did it. QED.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    5. Re:Not pure anti-MS! by jcr · · Score: 1

      Apple has the one shop (iTMS), one application (iTunes), one player (iPod), (one Reich?) methodology.

      Which is why they're beating the competition. Leaving the user experience for one's product up to an outside vendor is a sure way to delivery mediocrity (which, when faced with a very good competitor, is a recipe for failure).

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:Not pure anti-MS! by Anonymous Coward · · Score: 0

      Are you stupid or just ignorant?

    7. Re:Not pure anti-MS! by larry+bagina · · Score: 1
      Napster (2.0) was one of the first (legal) music download service. They could have developed their own DRM scheme and convinced mp3 players to support it insteaf of MS. While going with MS is the safe choice in that you can't fail, it's also a guaranteed loser since anybody (Real, Walmart, Google, MicroSoft etc) can compete with you, you're all providing the exact same service, and the profit margins are slim to begin with.

      --
      Do you even lift?

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

    8. Re:Not pure anti-MS! by daviddennis · · Score: 1

      I thought PlaysForSure was a standard consisting of hardware and software that was essentially uniform, in DRM implementation terms at least. So on paper it shouldn't be that hard to support all those players, just like you could write software supporting the PalmOS or Windows CE without great difficulty.

      I think the problem with PlaysForSure is simply that the devices are unappealing compared to the iPod, and they're not significantly cheaper. So there's no particular reason not to get an iPod unless you really love the subscription model for music. Fortunately for Apple, it looks like most people don't want to rent their music and so the iPod reigns supreme.

      D

    9. Re:Not pure anti-MS! by supersnail · · Score: 2, Insightful

      The real problem is Microsofts DRM just does not work.
      It doesn't work with either of my mp3 players even though they claim to support it.
      It doesn't work very well if you want to burn cd's either.
      (( You eat up your copy license when the track is converted not when the CD is burned. This causes several problems not least you select a buch of tracks to burn, media player converts them all eating up a "copy" for each track then decides there is not enough room on the CD and bails out -- 16 rights to copy which you bought and paid for are trashed )).

      I do not own a single piece of Apple hardware yet I use Itunes for downloading music, or, just buy (or borrow) the CD.

      --
      Old COBOL programmers never die. They just code in C.
    10. Re:Not pure anti-MS! by Anonymous Coward · · Score: 0

      "Apple has the one shop (iTMS), one application (iTunes), one player (iPod), (one Reich?) methodology. Napster is lightyears away from doing that. The best they could do would be to blow a ton of cash on being a half-assed Microsoft."

      Apple built all that in 5 years, why couldn't Napster have done the same. Apples version runs fine on Windows, doesn't it?

    11. Re:Not pure anti-MS! by ThePhilips · · Score: 1
      "...PlaysForSure was a standard..."

      It's something like that. It's just people do not put words "standard" and "MicroSoft" in the same sentence for sake of principle. M$ provides the specs, the hw reference design and does all the testing (a-la WHQL).

      "I think the problem with PlaysForSure is simply that the devices are unappealing compared to the iPod,"

      That's the first problem. Second one is iTunes: I yet to see any other player which reaches the golden ratio of features and simplicity. E.g. Sony failed in part because SonyConnect of theirs sucked big way.

      "...it looks like most people don't want to rent their music..."

      In reality renting model isn't that bad. The problem is that Apple in fact has least restrictive DRM on market. You can burn iTMS tracks to CDs. And you can't do that with M$ DRM. Over here in Europe, people pay fees for public TV and radio - and I'd say hefty fees - so adding $10/month subscription for your kids is no brainer. It's just if you buy music from friends of M$ - you are bound to PC and music player. With Apple's DRM you can burn CD and put it in your hi-fi.

      And do not forget, once company signed up with M$' PlayForSure, it can't add support to another file format (e.g. Apples FairPlay). That the answer I got from one company when I asked for Vorbis support: "we sighed up with M$. we can't add Vorbis since it violates the PlayForSure license." Go figure.

      Conclusion: both Apple and M$ behave in their usual way. Apple doesn't want to deal with anyone since nobody can give them fair deal. They have invested heavily to make iTMS working - and they want to profit off it as long as they can. M$ just doesn't care. It makes no product for the market. It only provide the lego cubes: DRM, Wind0ze, PlayForSure, DirectX, etc. No products, only technologies - so it's not responsible for failures of other companies like Napster to make something out the legos.

      --
      All hope abandon ye who enter here.
    12. Re:Not pure anti-MS! by dwandy · · Score: 1
      How do you think they could stay in business and not use Microsoft's DRM?
      Easy: Open Source / Open Standards, mixed with some proprietary control...
      1. Use/start OSS encryption/DRM on a linux kernel
      2. Start to build community around the DRM which takes up part of the development and vetting costs
      3. Define a hardware standard (propietary) but licence manufacture to anyone who will conform
      4. Create separate patent holding company (see notes)
      5. Build initial player, so that there is something to market
      6. Watch competitors innovate your player
      7. Add own innovations plus best of competitors innovations
      8. Watch competitors add best of your innovations to their player
      9. Goto 6
      10. Watch your player type outsell Apple player type
      11. Sell music subscriptions! Lots of them.
      12. PROFIT!

      Notes:
      The DRM being open-source is optional, but I suspect that there are a lot of people interested in crypto that don't get a chance to play with it. There will be interested people just for the cool factor.
      The only right you don't give away is the right to sell music for this player. By some mechanism (hardware control?) you ensure that only your service can add DRM music to this player. Add (like iTunes) all the non-DRMd files you want...
      The reason your family of players will eventually outsell the iPod is because they will eventually be cooler. The competition amongst your licensees will generate better and better players. Features will be added, layout will be updated. Different variations and prices will also appeal to different people, further driving sales.
      The hardware license should disallow individual patents or legal protections on innovations to the player. All such patents are taken by the holding company which expressly grants all makers of the player (the licensees) use of all of the innovations (most importantly, the building up of, or improving of the previous innovations.
      Remember, the goal is to (through competition) sell more than Apple, not more than other licensees.

      You'd think that by now Apple would have learned that monopoloies always eventually die... It is competition that drives innovation, not monopoly. And this little scheme generates competition.

      This is just a "No IP within an IP framework" (kinda like GPL is a no-copyright, within a copyright framework).
      The idea is not mine (or even new!), but it is inspired by the book I just read (linked in my .sig)

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    13. Re:Not pure anti-MS! by putko · · Score: 1

      Although Apple did it, that's not proof that Napster could do it.

      Apple is an integrated hardware/software company. Napster isn't, and probably couldn't become that in time.

      I'm guessing that Napster was doomed; that there was no way out.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    14. Re:Not pure anti-MS! by Overly+Critical+Guy · · Score: 1

      I thought PlaysForSure was a standard consisting of hardware and software that was essentially uniform, in DRM implementation terms at least.

      Close. PlaysForSure is an attempt by Microsoft to tie digital media to the Windows platform.

      --
      "Sufferin' succotash."
    15. Re:Not pure anti-MS! by PCeye · · Score: 1

      The obstacles are linked, but go beyond the DRM. Apple did it, but they also supplied the player.

      Apple provides a strong integrated workable end to end solution from store, software interface down to their iPod hardware. Their foundation is built quite solid (all things remaining the same) and their store offerings are plentiful. Their software is quite stable and reasonably easy to use for most people, and their players are sought after by a fair majority in the MP3 player market.

      Napster and other services are just that, services. If they want to compete against a well established entity like iTunes while lacking the media player, they are stuck supplying PlayForSure device compatability. The lack of Napster's own player device(s), and being a late adopter prevents them from using their own DRM.

    16. Re:Not pure anti-MS! by blugu64 · · Score: 1

      Ya know...in your "scenario" you never actually get past step 9. Therefore even if your player is infinitely better then apple's you would never outsell it, nor profit.

      --
      "Personal ownership is a hallmark of conservative capitalism. And I don't believe I am entitled to anything that I did n
    17. Re:Not pure anti-MS! by daviddennis · · Score: 1

      Of course if you're renting music, you pretty much by definition can't allow it to be burned on CD.

      I think that makes my case that the rental market is not what people want.

      My music buying patterns with iTunes tend to be erratic - one month I'll buy $20 worth of music, another one I'll buy $0. I like keeping it that way - I don't like adding even $10 a month to my overhead. It takes the continual downloading of huge amounts of music before the rental model works for the consumer.

      D

    18. Re:Not pure anti-MS! by ThePhilips · · Score: 1
      I think that makes my case that the rental market is not what people want.

      You seem to not get it. They want to transform the payment you do now per song into some sort of a tax. You pay $10/15 per month and that it.

      As soon everyone pays, the restrictions can go away: anyway everyone pays for everything.

      It's sort'a good for artists - they will be compensated. And even better to RIAA: they need to do nothing but count money flowing in from the tax.

      P.S. I wonder what kind of artists would be once such system would be put in place. Most of the time, I see creative people who create mostly because they can, not because they can profit. (*)

      (*) BTW, that's the true business model of RIAA: they isolate artists from society and try to milk them as long as possible. When creativity's ran out & PR hype is down, they just replace the idol/start with something new. It's not that artists primarily after money, it's just that we don't mind paying middle man the money.

      --
      All hope abandon ye who enter here.
    19. Re:Not pure anti-MS! by daviddennis · · Score: 1

      But it's not a tax. It's like cable TV. If you pay for cable, you get programming. If you don't pay for cable, you get a blank screen.

      As long as you have the option of not paying and getting the blank screen, they can't let you burn to CD, because that CD will last past the end of the rental period.

      I'm not sure if the rental model is good for artists. How is the money distributed? Right now, I can directly pay my favorite singers by purchasing their albums through iTunes. If I pay indirectly, I have to assume people like Britney Spears, who are supposedly most popular, make most of the money using some arcane formula I have no control over. If I pay indirectly, my favorite horribly obscure artists like Vanessa Daou and Keiko Matsui get the money, and we're all happy. (Well, I'm sure they would all rather make more but I think you get the idea.) How do obscure artists get paid in a rental model, where the artists I listen to are not directly linked to revenues?

      The only really fair rental model for the artists would be to have the software record all the music I listen to and then divide it between the artists at the end of the month. But that's a horrible invasion of my privacy, no?

      D

  7. Not the commercials? by jlarocco · · Score: 2, Funny

    Are they sure it wasn't the spooky commercials they were playing on late night TV a while back? Those things still give me the creeps.

    1. Re:Not the commercials? by dr.badass · · Score: 1

      Are they sure it wasn't the spooky commercials they were playing on late night TV a while back? Those things still give me the creeps.

      They can't be as bad as Rhapsody's crack-addled spokesman. He sounds like he's torn between channeling the OxyClean guy and wandering off the stage to shoot himself. If you haven't seen it, it's on Real's press page.

      --
      Don't become a regular here -- you will become retarded.
  8. One huge technical glitch... by 91degrees · · Score: 5, Interesting

    You can't copy the songs to an iPod. At least not without jumping through hoops.

    1. Re:One huge technical glitch... by Anonymous Coward · · Score: 0

      actually the glitch *is* your ipod

    2. Re:One huge technical glitch... by 91degrees · · Score: 1

      Erm, quite...

      What!?

    3. Re:One huge technical glitch... by jafac · · Score: 3, Interesting

      I do most of my work on Windows systems, mostly security and integration-type stuff. But when it comes to consumer-level activities on Windows, I'm totally ignorant, because I have a Mac at home. I've been part of the rip-mix-burn culture for about 10 years now, and seriously, I've never had any trouble on my Mac, except for the few legitimately purchased iTMS tracks, which I've probably lost track of, and one day will probably give me a nasty DRM suprise. But those are the minority of my music.

      But I was shocked last year, when I had a freind show me her Dell laptop, with iTunes, and a couple of other music players, and the dozens of different formats of music she had, and how some songs would play on some players, but wouldn't even import to other players, some songs wouldn't play at all, and of course the thing was stuffed to the gills with spyware and adware. Stuff she had legitimately paid for, she couldn't use. Stuff that I've ripped contrary to RIAA's wishes (but not contrary to US fair use rights, in most cases), I can use just fine.

      So this is the thing. It's about usability. This is what the whole Personal Computer revolution is based on. The evolution from Mainframes and Minicomputers, running systems that only experts can use, to a Personal Computer, that the average joe can afford to buy, and figure out how to use. And the Copyright Fascists want to roll the industry back. People are paying thousands of dollars to buy computers, and finding out the hard way, that they can't use them in the way they want to or expect to - and in some cases, if they were technically savvy enough to figure out how the DRM was supposed to work, maybe they can get by. But more often then not, they've inadvertently moved something to another folder, reinstalled the OS to fix an adware or virus problem, or upgraded to a different music player, and all of a sudden, things don't work anymore, and all they know is they paid through the nose for music they can't listen to anymore.

      A big part of the explosion of the internet in the mid-to-late 1990's was because of broadband, and Napster. You think adoption rates are going to continue to expand when broadband companies are clamping down (tiered rates, privacy violations, crappy service, monopolistic pricing) and the Copyright Fascists are clamping down with DRM that makes things much harder to use? On the same vein, do you think that folks are going to be rushing out to pay $5000 for an HDTV, and $40 per title, to watch HD DVD content, only to find out that the key for their TV, or maybe their amp, or switch, has been revoked by the Copyright Fascists? This industry has thrived on ease of use. And they're ready to flush it down the toilet - because they believe they'll be able to make more money, when it's really about power and control, and they're going to find that their market is a lot smaller than they thought it was.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    4. Re:One huge technical glitch... by engagebot · · Score: 1

      I think you mis-spelled 'glitch'. Its actually spelled 'feature'.

      --
      Han shot first.
  9. They bet the farm on m$? by AHuxley · · Score: 1
    Just how much of the last 20 years of computer history did they not understand?
    Read a few books. Search with google.
    Understand this:

    In capitalist west Bill plays you.

    In capitalist west convicted monopolist toys with your brand.
    In Soviet union KGB convicts and brands you.

    --
    Domestic spying is now "Benign Information Gathering"
  10. What a poor attitude! by QuatermassX · · Score: 1

    Perhaps it was just the spin the article's author took, but I was shocked at Chris Gorog's poor attitude. It's Microsoft, no it's the device players, no it's ... it's ... as Yoda said, "That is why you fail." ;-)

    Methinks it isn't the smartest business move to badmouth your "partners". I get the sense that he's just providing cover for the anticipated acquisition - or trying to provide a rationale for a prospective buyer. E.g., "no, really - it's not us, it's MS et al. Once they get their stuff together, Napster'll be worth billions. Buy me now BEFORE we really succeed - cause we will - someday - eventually - in the end - it is unavoidable - it is our DESTINY!!"

    I dream of a day when Microsoft and its "partners" come up with a POSITIVE reason to use their products.

    1. Re:What a poor attitude! by Jesus_666 · · Score: 1

      I dream of a day when Microsoft and its "partners" come up with a POSITIVE reason to use their products.

      They could give you a free iPod with every copy of Windows.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  11. Do What Apple did by vandalman · · Score: 2, Funny

    They should do what Apple did! Spend years building a custom OS to sell music on.

    --
    Devise, Repair, Solve, Build
  12. Blame yourselves by evilgrug · · Score: 1

    So it's Microsofts fault in that they "have to grapple with a number of different companies" and not the fact that Napster choose to sell music in a format that the iPod doesn't play? When you're cutting out 90% of the hard drive MP3 player market and god knows what out of the Flash market (from memory, at least half) _and_ you have to contend with all the other WMA-selling stores don't expect sales to be great. Especially when your corporate DRM-laden retooling of Napster into just another shitty brand leaves a bad taste in many peoples mouths. The iTunes store isn't why people buy the iPod. (You could possibly argue otherwise with the video content, but I don't think so.) The AAC format isn't why people buy the iPod. Nothing on Microsoft's part is going to sell more WMA-capable iRivers and Creatives and the like.

    1. Re:Blame yourselves by petermgreen · · Score: 1

      he fact that Napster choose to sell music in a format that the iPod doesn't play?

      afaict the riaa won't let you sell thier music without drm and apple is quite prepared to break things for and threaten others who try and make ipod compatible drm'd music

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  13. Quoth the article by stunt_penguin · · Score: 1

    "Microsoft's ecosystem of device manufacturers"

    Sounds less like an ecosystem, and more like the inside of a Big Brother house, or maybe some fungus growing at the foot of an iPod shaped monolith.

    --
    When the posters fear their moderators, there is tyranny; when the moderators fears the posters, there is liberty.
    1. Re:Quoth the article by mumblestheclown · · Score: 1

      I think you should get moddd +99999 insightful because you made a "funny" about microsoft. That is how it works around here, right?

    2. Re:Quoth the article by zootm · · Score: 1

      I believe they meant a economic ecosystem, since MS's DRM is set up to allow hardware and software manufacturers to compete with one another. By comparison the iTunes/iPod system is set up to allow Apple to sell you music.

      Of course, you could just buy and rip CDs (what I do) or buy from stores that do not sell DRMed content (I mean the non-Russian ones), but that tends to limit the range of music that they can sell.

    3. Re:Quoth the article by indifferent+children · · Score: 1
      I believe they meant a economic ecosystem,

      A marketshare pissing contest between Bill Gates and Steve Jobs should actually be called an "egosystem".

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    4. Re:Quoth the article by zootm · · Score: 1

      Heh. I often wonder if one or both of them (in particular Jobs, he always seemed the "nefarious" type) live on top of a dark, ominous hill in a tall, black building that gets hit by lightning more often than is statistically likely.

    5. Re:Quoth the article by Overly+Critical+Guy · · Score: 1

      You should get +100000 Interesting because you're sooooo enlightened that you can point out criticism of Microsoft on Slashdot. After all, it's cool to like Microsoft now because you're going against the grain, you super-elite contrarian, you. You're just way too cool to like the iPod, because enough people like it that it's no longer esoteric and niche enough for you to enjoy it yourself.

      --
      "Sufferin' succotash."
    6. Re:Quoth the article by ShortSpecialBus · · Score: 1

      You should get +100000 Interesting because you're sooooo enlightened that you can point out criticism of Microsoft on Slashdot. After all, it's cool to like Microsoft now because you're going against the grain, you super-elite contrarian, you. You're just way too cool to like the iPod, because enough people like it that it's no longer esoteric and niche enough for you to enjoy it yourself.

      See, now you're just being overly critical of the whole situation.

      --
      //FIXME: Bad .sig
    7. Re:Quoth the article by Anonymous Coward · · Score: 0

      Not always, but it seems you're not clear on something that has been shown as a fact, time and time again:

      Microsoft, its products, and the choices it makes for you, the consumer, all suck balls.

      Therefore we choose not to use their products. Simple for the rest of us. Seems there's always some who can't see what's happening and need to hold on to their virus-ridden security blanket.

  14. They're right, in a way. by jcr · · Score: 1

    Any music download service that uses Windows Media is going to have precisely the same problem: Microsoft sets the limit on how good their user experience can possibly be, and that limit is far short of the expectations that Apple has set with the iTMS. Since the service simply can't be as good as the iTMS, the only way to compete is on price, and that's not sustainable unless you have volume.

    Really, the only hope for Napster, Rhapsody, and Real is to create a new DRM standard and try to convince the music companies and the hardware makers to adopt it. Microsoft's attempt to do so has already failed.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:They're right, in a way. by Jesapoo · · Score: 3, Insightful

      "Really, the only hope for Napster, Rhapsody, and Real is to create a new DRM standard and try to convince the music companies and the hardware makers to adopt it. Microsoft's attempt to do so has already failed."

      I love this comment, along with all the pro-apple comments that are going on in this thread. But consider this: If Microsoft was the monopoly in this field and other companies (like the beloved Napster brand) were having trouble competing because they were having to "get by" without the Microsoft system, everyone would be up in arms and demanding MS used open standards, bashing DRM, preaching the name of the small, independent companies fighting against MS tyrany..

      Apple is using a proprietary DRM system - both bad words on slashdot - and the small companies are having trouble competing because of it. Why aren't we complaining? Oh yes... because no matter what the situation, Apple is always right and MS is always wrong. I forgot.

    2. Re:They're right, in a way. by Anonymous Coward · · Score: 0

      A majority of us are complaining, and if you look most pro-apple posts are made by one DRM-lovin person.

    3. Re:They're right, in a way. by benbean · · Score: 1

      I think at least part of the difference is that, for most people anyway, iPod, iTunes and iTMS are a very good solution. If any part of the holy trinity were really bad, and we were stuck with it because of the current effective monopoly (Internet Explorer pre-Firefox for example), then you'd see a more vociferous movement.

      --
      It's a Unix system - I know this.
    4. Re:They're right, in a way. by lurch_mojoff · · Score: 1

      Insightful my ass.

      Although I agree that here on Slashdot everything Apple does is considered a divine intervention and almost certain proof of intelligent design, while anything Microsoft does must necessarily come straight from the cold black heart of Satan (who is the devil), your comment is a bit off base.

      For starters, and this has been rehashed so many time that it makes me feel stupid just having to repeat it, Apple does not have monopoly over any market whatsoever. So your analogy starts with wrong assumption.

      Nevertheless, yes Apple uses DRM and yes it is a proprietary one. For the DRM part you can complain to RIAA, MPAA, your representative in the US Senate, or directly to the lord almighty, I could care less, for those are the instances responsible for that. If Apple were the only company using DRM for some sinister reason (vendor lock-down maybe) you would have some point, but in the real world, well, life just sucks. For the proprietary part, since Apple "controls the vertical" (I think the horizontal is still controlled by The Outer Limits) - i.e. the store, the jukebox/library management software, and the portable player - it makes absolutely no sense for them to license the DRM scheme from any other company, let alone from Microsoft. It is much cheaper and safer to buy some tiny two-bit company developing good enough DRM scheme and make said scheme your own(which Apple actually did). And if you haven't figured it out already, note that if Apple licenses Fairplay to somebody else their whole vertical integration business model goes bust. One day, when the iTMS makes more money than the iPod, they'll surely start licensing Fairplay. This, however, does not preclude anybody from entering the market. It's just that the competition has piss-poor ... well... everything.

      If Napster wants to take off, they should invest in expanding their store with better music selection or greater geographical coverage, cheaper prices, better "fair use"-ability, etc. They should also consider creating better jukebox/library management software than iTunes, for iTunes is by far not perfect, although it is the best one out there, and maybe also consider making, either on their own or as a joint venture, a better portable player than iPod (and just don't start with the iPod-sux-because-it-doen't-have-radio-or-OGG-suppo rt-like-evrybody-else argument, because the market has shown that this shit does not really matter).

    5. Re:They're right, in a way. by eclectic4 · · Score: 1

      "Apple is using a proprietary DRM system - both bad words on slashdot - and the small companies are having trouble competing because of it. Why aren't we complaining? Oh yes... because no matter what the situation, Apple is always right and MS is always wrong. I forgot."

      Wrong. We aren't complaing because we wouldn't have downloaded a billion songs, legally, from the internet if it hadn't been done in exactly the way Apple did it. You see, they came up with a very tricky compromise between sane DRM and the music industry allowing this business model. How is this missed by you? The DRM is fairly light (burn CDs, authorize 5 machines, and you could RIP that CD you just burned of your purchased music and *poof*, no DRM), you own the music you purchase (music renting services will never work IMO), it's a very well done application, and it's easy.

      This is bad? Interesting... I suppose you would suggest we should still be stealing music because the RIAA is barely being held in check by iTunes, merely due to it's size. I like that.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    6. Re:They're right, in a way. by blackest_k · · Score: 1

      Why complain about Apples DRM, I hate Drm but my bitchin will not change anything.

      Apples Drm might because Fairplay locks everyone else out of most of the Drm'd downloadable music industry.

      Who's it hurting the very same companys that are forcing DRM upon us.

      nobody can make hardware that works with fairplay but Apple no one can supply a drm'd format that works with the ipod.

      There's an alternative of course and thats to release music in a non drm format then everyone gets to play.

      Apples not hurting the enduser here.

      The other players in this game will have to come to the realisation that DRM is costing them and distorting the market.

    7. Re:They're right, in a way. by Jesapoo · · Score: 1

      I'm sure I read on slashdot at some point, probably in a comment, that apple has reduced the rights you get with your itms songs three times, or somesuch...

    8. Re:They're right, in a way. by Overly+Critical+Guy · · Score: 1

      If Microsoft was the monopoly in this field and other companies (like the beloved Napster brand) were having trouble competing because they were having to "get by" without the Microsoft system, everyone would be up in arms and demanding MS used open standards, bashing DRM, preaching the name of the small, independent companies fighting against MS tyrany..

      No, they wouldn't. If Microsoft behaved as Apple is right now--simply selling a product and a service that works on that product, as every company has the right to do--people would just point out that if someone wanted to make a better product, they could enter the market and try to do that. Apple isn't stopping anybody. If you don't like the fact their player runs its own service and happens to be the most popular, you still have the perfect right to choose a competing player and service. The iPod is completely opt-in.

      If Apple was illegally coercing stores to only sell iPods, the way Microsoft illegally coerced OEMs to prevent them from shipping non-Microsoft software in the 90s, THEN you'd have a valid point here. But you don't.

      Apple is using a proprietary DRM system - both bad words on slashdot - and the small companies are having trouble competing because of it.

      Small companies are having trouble competing BECAUSE THEIR PRODUCTS SUCK. iPod is beating them fair and square, and it's driving Apple-haters crazy.

      Why aren't we complaining? Oh yes... because no matter what the situation, Apple is always right and MS is always wrong. I forgot.

      No, it's just that you don't like Apple, and you can't argue against the fact the iPod is kicking butt, so you need to bring out the tired "You're just biased against Microsoft" routine. No, sorry, it's just that the PlaysForSure-based players suck and fail in the market on their own lack of merits. It has little to do with Apple. If someone came out with something better than the iPod, people would switch over.

      --
      "Sufferin' succotash."
  15. what if! by gargletheape · · Score: 1

    Maybe Microsoft is getting back at them for helping pirate windows and office in the bad old days ;)

  16. a problem of branding. by Phybersyk0 · · Score: 1

    I don't know about everyone else, but I associate Napster with free distribution of music. And ultimately music "piracy". The RIAA have successfully married the Napster name with illegal behavior. I'm sure the case is true for Joe Sixpack how just wants to download some old Hank Williams albums (or whatever).

    Apple's fortunes smiled on them because they provide end-to-end service. Content. A delivery mechanism. Output device. THEY HAD A STEP "B"!!!

    I suppose it helps that iTunes has always been a pay-to-play service.
    Brand recognition means nothing if your product is inferior. You'll just be discounted faster based on conception of the brand.

    A: "Have you used Napster?"
    B: "No. They suck. I got iTunes. for my iPod."
    A: ":swoon:"

    1. Re:a problem of branding. by commodoresloat · · Score: 2, Insightful

      I agree that Napster is indelibly associated with piracy, even though it's been years since such a thing existed. That funky headphone-wearing-cat will always be a pirate flag to those of us who were around for Napster's glory days. This new company's early advertising promised some badass 'tude, but couldn't match their ads and certainly couldn't live up to the original Napster. Their more recent advertising -- "Have everything - Own nothing" -- was just an annoying reminder that the real Napster is long gone.

    2. Re:a problem of branding. by Alsee · · Score: 1

      "Have everything - Own nothing"

      Only the brain damaged execs at the RIAA could dream up such a slogan.
      Only the delusional execs at the RIAA could imagine it was a GOOD one.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  17. And third... by tktk · · Score: 1
    they relied on Chris Gorog as CEO.

    You don't bet the fortunes of your company on performance on another company.

  18. Use open OGG, then... by D4C5CE · · Score: 1
    Doesn't fit your business model? Need M$ and a Digital Restrictions Malice? Labels won't license without it?

    So what?! It's not the fans' fault if the business model of music distribution is outdated/broken, and if the prescribed cures are even worse than the disease (or a disease in themselves)...

    As to the labels, faced with the choice of not reaching their audience anymore, or consenting to unencumbered formats (CD used to be one, remember?), how long do you think they'll prefer selling nothing at all to selling something that may occasionally be pirated (if it isn't reasonably priced)?

  19. Bingo! by jcr · · Score: 1

    Every kid in the world probably knows that "plays for sure" means "won't work with your iPod". The ironic thing here is that if the RIAA wants to have some leverage over Apple, they'll have to make it possible for the Napsters of the world to offer songs that play on the iPod, which means they have to let them sell songs that don't have DRM!

    None of the hardware makers ever wanted DRM in the first place. It's expensive to implement, and it's the #1 driver of support issues.

    The rational solution is to let anyone sell unprotected music, and charge a uniform royalty to any online music store, just like with radio station airplay.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:Bingo! by 91degrees · · Score: 1

      They could sell mp3s quite safely, or any format that allows arbitrary metadata (I'm assuming mp3 does). Simply store a unique ID with each file. Log the purchaser for each copy. If a lot of their files start turning up, take action against them (e.g. Warn them. Bar them from the online store). Most people only need a small deterrent. Actually. most people need no deterrent at all.

      This can easily be removed, but so can Apple's DRM (through digital in/out or via a CD). But I'm making the assumption that most people are instead going to simply not bother sharing. Or more to the point, the extra sales gained through people buying mp3s will be greater than the amount of sales lost through piracy.

    2. Re:Bingo! by m0nstr42 · · Score: 1

      Every kid in the world probably knows that "plays for sure" means "won't work with your iPod".

      There's a chicken or the egg argument here, though. This implies that everyone wants to play the songs on their iPod because the iPod has some intrinsic value (trendiness, I guess). I know that's true now, especially among kids, but would iPods have become so hugely successful if you had to pay month-to-month to keep the songs on it and they went away as soon as you stopped subscribing?

    3. Re:Bingo! by Gonarat · · Score: 1

      If the price is right, the quality is good, and the convenience is there, then sharing will not be a problem. Why go through the hassle of file sharing programs if you can get the song you want without any hassle for a fair price.

      Apple is the American retailer that comes closest to this model, but it still has DRM and a set quality level. Napster II has a long way to go -- clunky DRM and subscription based. The Russian retailer All of MP3 has the best model IMHO -- select the quality you want and pay by the MB.

      The Recording Industry needs to get with the times and start competing in the marketplace. DRM is becoming a pain in the ass which is just going send people back to the file sharing arena. If they would give up on DRM and adopt an All of MP3 type model and price it so that the average FLAC file of a song goes for around $0.99 or so (based on size), then they would have a winner. There will always be some file sharing going on, but as long as there are good and fair alternatives, file sharing shouldn't be a serious problem. Unfortunately, the RIAA is bound and determined to alienate their customers and create as much ill will as possible, so I don't expect things to change in the short term.

      Oh well, there's always the independent music market -- no DRM and new and exciting stuff to find.

      --
      Beware of Sleestak
    4. Re:Bingo! by 91degrees · · Score: 1

      The Russian retailer All of MP3 has the best model IMHO -- select the quality you want and pay by the MB.

      I'd like to see statisitcs on how many mp3s on file sharing sites come from here. It's likely theat they have distinguishing characteristics.

    5. Re:Bingo! by mAIsE · · Score: 0

      None of the major labels will allow non DRM'ed music, I am sure apple could be convinced to throw out DRM. Instead blocking on DRM and bitching they made lemonade.

    6. Re:Bingo! by pauljlucas · · Score: 1
      If the price is right, the quality is good, and the convenience is there, then sharing will not be a problem. Why go through the hassle of file sharing programs if you can get the song you want without any hassle for a fair price.
      Because there are those people (mostly, but not exclusively, teens) who think it's cool to trade music via P2P, and the rebellious nature and excitement of doing something illegal and in most cases getting away with it is the icing on the cake. Plus, there's the bragging rights: "Dude: I like downloaded like 534 new MP3s last night!"
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    7. Re:Bingo! by jandrese · · Score: 1

      Of course AllofMP3 does this by not actually buying any of the music it sells. We keep production costs down by stealing it! You might as well buy those CDs that "fell off of the back of the truck" from the guy on the corner.

      From what I can tell, talk about legal loopholes is BS too, Russia is a signatory to the Berne convention, which makes allofmp3 very much illegal.

      --

      I read the internet for the articles.
    8. Re:Bingo! by sonarniche · · Score: 1

      Of course non-DRM'd music would be great, but why does everyone think the hardware manufacturers don't want it too?

      Maybe when the DRM debate first began they didn't want it, but now that's how Apple makes its money, and I'm sure Microsoft wants to play a similar game (locking people into the platform with Windows, Windows Media and .wma files rather than devices like the iPod). It's not about selling music (well, maybe for Napster it is, but that's not where the money really is).

      DRM is good for hardware manufacturers because it provides lock-in that makes transaction costs too high for people interested in switching. While it's not good for consumers, do any of them really care? 1 Billion iTunes song sales says no.

    9. Re:Bingo! by bogie · · Score: 1

      Or force Apple to make Fairplay available to everyone. They could simply revoke Apple's ability to sell through Itunes if they wanted to afterall.

      This bullshit of having your downloaded music come in different flavors of DRM is patently unfair to consumers.

      --
      If you wanna get rich, you know that payback is a bitch
    10. Re:Bingo! by 91degrees · · Score: 1

      I am sure apple could be convinced to throw out DRM.

      But iTunes is tied to the iPod. Selling songs on iTunes convinces demand for the iPod, and sellign the iPod increased demand for iTunes. Wjhy would they want to give that away?

    11. Re:Bingo! by 91degrees · · Score: 1

      AllOfmp3 is legal in Russia. They pay a royalty for each copy sold under licence from Russia's intellectual property rights organisation - ROMS, (the Russian Organization for Multimedia and digital Systems), which distributes the money to the artists. ROMS has explicitely said it's legal. There's no loophole.

    12. Re:Bingo! by Alsee · · Score: 1

      This bullshit of having your downloaded music come in different flavors of DRM is patently unfair to consumers.

      I'm confused... are you suggesting that imposing a mandatory single flavor of DRM would actually be BETTER than the current bullshit?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:Bingo! by Alsee · · Score: 1

      why does everyone think the hardware manufacturers don't want it too?

      I dunno.... maybe it has something to do with the fact that the hardware manufacturers have been complaining about it?

      Microsoft wants to play

      Microsoft is not a hardware manufacturer.

      DRM is good for hardware manufacturers because it provides lock-in that makes transaction costs too high for people interested in switching.

      DRM is strangling hardware sales in the first place, and it is requiring manufacturers to sign insanely oppressive contracts to get it, and it is prevening manufacturers from getting people to switch TO their hardware.

      1 Billion iTunes song sales

      Is a market failure. The only reason iTunes is notable is in comparison to the other DRM music services that were dead on arrival, or nearly dead.

      It has taken iTunes three years to hit that figure. The market demand for music downloads is closer to a billion per WEEK than a billion in three years. And iTunes has still just barely crept out of the red ink after being subsidized by hardware sales.

      Ultimately the problem is the horribly broken DMCA law. The DMCA says that it is criminal for people to do noninfringing things, and that it is criminal for companies (such as hardware manufacturers) to offer products or services on the market for noninfringing uses. That is is criminal for an independant hardware manufacturer to simply manufacture and sell an MP3 player that can play iTunes' DRM files and Microsoft's Plays-For-Sure DRM files and plays Real's DRM files. Criminal for them to simply manufacture and sell the product customers WANT, one which can win the market and win away customers from competitors. One which releases customers locked-in to competitors and allows those customers to move to the new and BETTER product. A bad law strangling the marketplace and causing all of these problems in the first place. A bad law prohibiting the free market from manufacturing the products they want to manufacture. A law prohibiting them from making and supplying legitimate noninfringing products for legitimate noninfringing use.

      The fix is simply to pass the DMCRA, a bill that would amend the DMCA. A bill that simply says noninfringing people do not go to prison under the DMCA. I have yet to hear any reasonable rational opposition to the DMCRA. I have yet to hear anyone offer any reasonable rational reason why innocent noninfringing people SHOULD face prison under the DMCA.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    14. Re:Bingo! by Alsee · · Score: 1

      I don't think he meant that filesharing would vanish entirely. I think his point was that it would substantially reduce the number of people filesharing.

      For all the music industry's ranting about filesharing, it in no way supports their current refusal to sell MP3s. They would sell MORE downloads if they offered the product that customers want - MP3s. They would sell MORE downloads if they we're insisting on selling nothing but disfuctional DRM crippled crap. The only way their insistance on DRM-only sales would be if it somehow magically meant that not a single copy of that song would make it onto P2P by any means. And to acieve that, not only would it have to be magical unbreakable DRM, but the music would have to be impossible to burn to CD and re-rip, and it would have to be impossible to record that song with a microphone at the speakers, and it would have to be impossible to record that song from the radio, and they would have to stop selling normal CDs with the song. No, imposing DRM on all download sales cannot prevent that single initial copy from getting onto P2P. And once a single copy gets on it immediately replicates to the exact same steadystate level on that P2P system. No, imposing DRM on all download sales is in no way validated by any P2P argument. Imposing DRM like that has the sole effect of diminishing their ability to sell the product. Imposing disfuctional DRM crippled crap simply drives MORE people to P2P to get a properly functional non-crippled MP3 file that will play in any music player software and which will play on any brand of MP3 player.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    15. Re:Bingo! by Alsee · · Score: 1

      AllofMP3 does this by not actually buying any of the music it sells

      That's nonsensical. iTunes is not "buying" the music it sells either. They have a license to create and distribute NEW copies.

      Your local radio station is not buying the music it gives you either. They too have a license. It is a statutory license. If you don't like statutory licenses then I suggest you take that issue up with virtually every government on the planet, including the US government. I suggest to take issue with the Berne Convention for allowing them.

      We keep production costs down by stealing it!

      Riiight. Just like your local radio station is "stealing it". More nonsense.

      From what I can tell, talk about legal loopholes is BS too, Russia is a signatory to the Berne convention, which makes allofmp3 very much illegal.

      You Are Wrong.

      Under the Berne Convention statutory licenses are perfectly legal. It is the very thing that makes radio possible.

      The only possible "loophole" aspect to Russian law is that AllOfMP3 is lerfectly legally operating under a statutory license that was primarily designed with radio in mind, and that the licensing fees imposed by law are arguably lower than they should be for this sort of activity. That is the sole "loophole" aspect here - the issue of the size of the statutory payments.

      In fact increasing the statutory licensing fees paid to copyright holders and applying the law in the same way in the US would be a GOOD THING. Artists would get paid about the same amount as they get now, and all of the online music stores would finally be able to offer the product that he market actually wants. Online music stores would be able to sell MP3s and FLAC and OGG and any and all formats that the customer wants and at any and all quality levels that the customer wants.

      Again, there is absolutely nothing wrong with stautory licensing systems. It is not "stealing" and copyright holders do get paid, and it is in fact a part of US law in a number of areas of copyright. It's just that the existing US statutory licensing laws currently do not reach to online music sales.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    16. Re:Bingo! by jandrese · · Score: 1

      Allofmp3.com is not a radio station, statutory licenses don't apply. That's why internet radio stations need a special exception (and high licensing fee).

      It's only a matter of time until they get sued by one of the big record companies IMHO.

      --

      I read the internet for the articles.
    17. Re:Bingo! by Anonymous Coward · · Score: 0

      Thats rediculous and you know it.

    18. Re:Bingo! by Alsee · · Score: 1

      It's only a matter of time until they get sued by one of the big record companies IMHO.

      HELLO! McFLY!

      They tried. They lost. The courts ruled that AllOfMP3.com was perfectly legal.

      Allofmp3.com is not a radio station

      Right. I never suggested it was.

      statutory licenses don't apply.

      Wrong. Statutory license apply to whatever the statute says they apply to. There are a variety of coptright statutory licenses in the US, and radio is just one of them.

      Under Russian law AllOfMP3.com *does* fall under the coverage of their statutory licensing laws.

      That's why internet radio stations need a special exception

      US law is written differently than Russian law. The way Russian law is written they didn't need to re-write the law to cover internet radio.

      (and high licensing fee)

      Define "high".

      US internet radio stations were complaining about the high fees that the music industry lobbied congress to impose. Fees far higher than terrestrial radio has to pay.

      And what are those high licensing fees US internet radio has to pay? Zero point zero seven cents per song per listener. Less than a tenth of a cent per song sent to each person.

      The only substantial difference between US internet radio statutory licensing and the Russian law that AllOfMP3.com is operating under, is that the US law places restrictions against immediately sending a requested song. AllOfMP3.com can immediately send a requested song. US internet radio have to wait something like an hour minimum before fulfilling a specific request.

      Aside from that, the US law and Russian law are substantially the same in legal basis, substantially the same in operation, and substantially the same in licensing fees imposed. It's just that the US law has that hour time delay on requests and a few other minor details that make it really hard to set it up in a "retail store" format.

      If you are willing to wait an hour for each song request to be fulfilled, then yes, you can as an internet radio listener use internet radio stations as a "store" and get all the music downloads you want basically for free, and all completely US-law legal.

      Yes Russian law should probably be tweaked to increase the fees for that sort of instant on-demand music delivery, but it really is not anywhere near as outragous as you make it out to be. It is completely legal under Russian law, and that Russian law has a perfectly valid legal basis. The law simply did not anticipate exactly how technological progress would work out. They had a general statutory music broadcasting license and it was broad enough to encompass internet radio. However it also wound up allowing instant on-demand transmissions on the internet. A mode of operation indistinguishable from a store. So the only "loophole" is that internet technology is so much more powerful and flexible than old tech. What would normally be a radio station (and paying radio station level fees per song) is now flexible enough to look exactly like a store. It's new technology falling under old laws that were perfectly reasonable. The law should probably be updated to increase the fees for instant on-demand transmissions. Then there is no reason for complaint. Ohh, the US RIAA will probably bitch that they can't impose DRM on it, but the RIAA can't impose DRM on US internet radio either. For example Pandora.com US internet radio sends DRM-free MP3 files, and I'm sure most all the others do as well. Pandora.com has some really cool "smart radio" technology for customized music stations, they offer a free hour of usage to try it out, and it's a mere $35 per year for all the DRM-free MP3 internet music you can eat. All US law legal.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    19. Re:Bingo! by jandrese · · Score: 1

      That was the Moscow police, they said that they couldn't navigate the copyright maze (read: they were paid off) to prosecute. At the end they said that they were still open to civil suits if any of the major record companies had an objection to a service that pretty much gives away their music in an easy to pirate form.

      --

      I read the internet for the articles.
  20. a more likely explanation.... by Anonymous Coward · · Score: 0

    our business used to rely on mass piracy.... we got busted for that, now without piracy we are going broke....

    lets blame MS so we have someone to sue.. (dispite the fact that we were basing our business model on something illegal)...

    1. Re:a more likely explanation.... by Anonymous Coward · · Score: 0

      except it's not the same company. it's just roxio who bought the napster name and then spun off the company.

  21. I blame Napster by Jugalator · · Score: 1

    Our business does rely on Microsoft's digital rights management software and our business model also relies on Microsoft's ecosystem of device manufacturers."

    I blame Napster for relying on Microsoft's "DRM ecosystem".

    --
    Beware: In C++, your friends can see your privates!
  22. Napster Report Card by ZoOnI · · Score: 1

    Does not play well with others.

    --
    "Never say Never."
  23. Obvious by BenjyD · · Score: 1

    This seems to be a serious case of the underpants gnomes' business plan. Ignore 80% of the potential market, ignore the lessons learnt by your main competitor (style and ease of use sell) and rely on companies with a proven record of producing poor-quality MP3 players to create your market. Somehow that leads to profit?

    Does anyone else think the choice of "PlaysForSure" as a name is pretty odd? "SurePlay" or something would have been better - the only people I have ever heard say "for sure" are German people learning English.

    1. Re:Obvious by dJOEK · · Score: 1

      Microsoft originally wanted to relate to the youngsters with this campaign featuring Snoop Dogg where he would pitch their products saying 'Yo, Them Snoop Dogg tracks will Play Fo' Shizzle, Mah Nizzle"

      but market research and focus groups watered it down to this

      --
      Exercise caution when modding this message up: the author acts like a jerk when his karma is excellent.
    2. Re:Obvious by Anonymous Coward · · Score: 0

      PlaysForSure reminds me of other names, like "Honest John's Used Cars" and the "Old Jim's Wonder Cure-All Tonic".

    3. Re:Obvious by Makarakalax · · Score: 1

      For sure.

    4. Re:Obvious by Detritus · · Score: 1

      Every time I read it, I can't help thinking of Valspeak. Microsoft PlaysForSure? Gag me with a spoon!

      --
      Mea navis aericumbens anguillis abundat
  24. Mr Gorog? by theolein · · Score: 1

    Are you reading this Mr. Gorog? I bet you are. Here's something you said: Mr Gorog insisted that despite Apple's dominance, the competitive landscape would be far different "in the next 12 to 24 months".

    The iTunes store and Apple have been around for some 5 years now. If anything, Apple's share has gotten bigger, not smaller, although many dozens of other devices and stores have come ..... and gone. Judging by the losses your crap show is making, you'll be one of those who will be gone in the the next 12 to 24 months.

    Idiot.

  25. Napster and Microsoft are just as bad as eachother by vikkilea · · Score: 1
    I use a Creative Micro; I've refused to use an ipod of any kind since i knew what an mp3 player was.

    I subscribed to Napster about 7 months ago. It cost me £15 a month for unlimited downloads off the napster service. I didn't even mind that when I unsubscribed, the music would become unplayable.

    But, the whole thing was crap.

    Problems that were microsoft's fault: The songs took at least 10 seconds to load on my mp3 player. Each. Especially annoying when I was flicking through songs to find one that I wanted to listen to.
    Using windows media player with the service was rubbish; Various random errors when transfering the songs, popups asking me wether it could download licences off the internet (which didn't work) when I wanted to play a napster song, slow loading of the songs...
    I had to upgrade Windows media player and two other components before it would even recognise my player.

    Problems that were napster's fault: The napster program took ages to open, then it flickered around whilst loading new content off the web.
    When I plugged in my mp3 player at any time to sync my files, the napster program used to crash. I had to sync through windows media player, and use windows media player, although it wasn't my default player at the time.
    Customer service was depressing. There was a customer service forum, but any questions got replies like; 'Phone this number...' which wasn't very helpful.
    And to unsubscribe to the service, you had to phone them. There was no online cancellation service.

    The whole setup crashed, a lot. It just felt unstable, and unworked on. It felt like Microsoft had made a half assed attempt to work with a half assed service.
    So for as long as Napster blame Microsoft, and for as long as Microsoft really don't seem to care, iTunes is going to be the better service.

    In the end, I cancelled, reinstalled the previous firmware, switched to Debian, and now i use Gnomad and Nicotine ; )

  26. I'd say it's probably more to do with by Bertie · · Score: 1

    The fact that Napster's business model means that as soon as you stop subscribing, all the music you've acquired is rendered inactive via a DRM timebomb, and just like that, it's as if you never had it at all. It's hardly surprising that people don't really see this as a compelling use of their disposable income.

    1. Re:I'd say it's probably more to do with by baadger · · Score: 1

      Yeah, which is why everyone who has discovered to their utter dismay should:

      1) Strip out all the DRM using Windows Media cracks readily available.
      2) Cancel their subscription.

    2. Re:I'd say it's probably more to do with by EvanED · · Score: 1

      And that it won't work with all portable devices.

      And that the actual Napster client itself is far-and-away the most frustratingly poorly designed and poorly coded piece of software that I use on anywhere close to a regular basis. (Yay for "free" subscriptions though...)

  27. New buzzword? by teknikl · · Score: 1
    "...our business model also relies on Microsoft's ecosystem of device manufacturers."

    Whats with this new use of ecosystem - Jobs used it yesterday too in describing the range of new products for the ipod. IF half these people cared about the REAL ecosystem we might actually have something.

  28. Drop the DRM by NigelJohnstone · · Score: 1

    Even if they lose some of the major studios, they should switch to unprotected MP3 VBR. (Or at worst use the Fraunhofer embedded serial number system). Without the need for DRM, they can play on all MP3 players, and all their technical difficulties and special drivers and DRM crap goes away.

    The DRM is a big turnoff, they don't have a trust relationship to customers that Apple has. As it stands you have to virtually marry an online music store (or at least enter into a long term relationship) so they can operate their DRM. Nobody wants that, selling music at a loss is a dead end, they should quit wasting money on this DRM crap.

    If any of the big record companies insist on it, then its better not to sell their music. If they're making a loss, what difference does it make to lose that record companies music?
    [/rant]

    1. Re:Drop the DRM by presearch · · Score: 1

      This is +10 insightful, especially to all the other comments in this thread.
      Whoever follows this model, even with it's obvious "problems", would win over iTunes.
      So simple, and also the easiest to implement.

  29. Cry me a river by mwvdlee · · Score: 1

    Blaming a bad business model on the tools.

    --
    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    1. Re:Cry me a river by geekee · · Score: 1

      "Blaming a bad business model on the tools."

      You can either buy music, or buy a music subscription. It's more flexible than iTMS. So how is it a bad business model, aside from the fact that Apple won't let them support iPod?

      --
      Vote for Pedro
  30. Pfff... by Anonymous Coward · · Score: 0

    "Our business does rely on Microsoft's digital rights management software and our business model also relies on Microsoft's ecosystem of device manufacturers."

    Hahahaha... HAHAHAHA... cry me a river... hahaa...

  31. Wow someone thininking about the reason by mikek3332002 · · Score: 2, Interesting

    Wow a company is blaming low music sales on something other then piracy

    1. Re:Wow someone thininking about the reason by Zaatxe · · Score: 1

      Actually Napster provided much more music (and quality) when it was pirate!

      --
      So say we all
  32. In Soviet Russia.... by LandruBek · · Score: 1

    In Soviet union KGB convicts and brands you.

    This reminds me -- did you know that in Russian prisons, there is a tremendous "tattoo culture"? Permanent as branding, but more refined. For the most part the prisoners tattoo themselves. The tattoos form a symbolic language, often employing religious images, whether or not the prisoners themselves are believers. Sorry it's a bit Offtopic but I hope this is Interesting.

    --
    $META_SIG_JOKE
  33. Fear not, Napster by CaptainZapp · · Score: 2, Interesting
    It could be worse, much worse!

    As a funny side note:

    We appreciate your interest in the Connect music store, but our store currently only works with Internet Explorer 5.5 and above. You don't seem to be using that particular browser at the moment, so, unfortunately, we'll have to part ways until we support the browser you're currently using or you upgrade to the latest version of Internet Explorer. Please click the Download link below if you'd like to upgrade now..

    Well, Somehow I don't think so...

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:Fear not, Napster by killjoe · · Score: 2, Interesting

      Better yet..

      This service is not currently available in your area.

      Please feel free to explore our Sony global sites for other exciting products and services.

      If you feel you have reached this page in error, please click here to contact our Customer Service department.

      So let me get this straight.

      Not available in more places then itunes.
      Not available to people who are not running IE.
      Incompatible with ipod.

      Yup, that'll catch on.

      --
      evil is as evil does
    2. Re:Fear not, Napster by jcims · · Score: 1

      You forgot the punchline at the bottom!

      Note: Administrator privileges required for installation on PCs running Windows 2000 Professional, Windows XP Professional or Windows XP Home Edition.

    3. Re:Fear not, Napster by Slayer · · Score: 1

      I (using Mozilla on linux) got the following message:

      System Check

      We have performed a system check and detected that you need to download and install the item highlighted in red below to use CONNECT. Please do this now and then enter the site again.

      Microsoft® Internet Explorer 5.5+

      PS: I got similar crap on www.mycokemusic.at a while back. They gave away free music which I wasn't even able to listen to unless I used IE and activated ActiveX. Bummer, dudes! Freaking losers! Hell, did I not care! Never came back ...

    4. Re:Fear not, Napster by CaptainZapp · · Score: 1
      Note: Administrator privileges required for installation on PCs running Windows 2000 Professional, Windows XP Professional or Windows XP Home Edition.

      Being a service provided by the fine folks of the Sony Corporation this makes sense of course.

      That's so they can provide you with some free software.

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    5. Re:Fear not, Napster by waferhead · · Score: 1

      You don't understand...

      Those are the system requirements for the ROOTKIT to work...

  34. For greater profit! by Flatline_hun · · Score: 0

    1. Rely on Micrsoft software 2. ?????? 3. Profit!!!!

    --
    Yeah, free Ipod! He is innocent!
  35. Anybody else? by DebianDog · · Score: 1

    "Microsoft's ecosystem"

    I know it is not an ecosystem but the first word that popped in my head was 'dinosaur'

    1. Re:Anybody else? by Winterblink · · Score: 1

      Sounds like Microsoft's Office advertising campaign is working well.

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
  36. Ever wonder by Anonymous Coward · · Score: 0

    Ever wonder how they would do if they didn't use drm? They got the acronym wrong in the summary, it should be digital restrictions management. There problem was that they relied on one that hurt the customers ability to play there music, what would of happened if they didn't use DRM?

  37. Could it be... Darl's lost brother? by TheBrutalTruth · · Score: 1
    That their rent-a-song DRM doesn't sit well with some people should not be suprising - that's not M$'s fault.

    Is this guy a former Airline exec? I've heard this before - develop a crappy business model, lose money, and whine about it, blame others...

    Too bad music isn't a critical infrasctucture like the airline system - he'd get billions of tax dollars to prop his sorry ass up.

    --
    Enlightenment is a pipe dream. So where's the pipe?
  38. Re:Napster and Microsoft are just as bad as eachot by Zaatxe · · Score: 1

    15 pounds per month just to not being able to listen the songs after you unsubscribe? Wouldn't it be better to just listen the radio? Even better, for 15 pounds a person could buy (and own) 26 songs from iTunes. Well, I'm not an iTunes client, I don't even have a MP3 player (I work from home, I have my computer to listen to music and I'm kind of happy with the CD's I already own), but I would never subscribe a service like this one the parent post describes. Ever in my life.

    --
    So say we all
  39. Maybe by mixenmaxen · · Score: 2, Funny

    they should revert to their old businessmodel...

  40. Blame used CDs! by scottsk · · Score: 1

    If it's time to point fingers for these DRM song companies going south, let's blame used CDs. They are cheap and plentiful (after all, many popular groups have gone through two different remastering releases by now, creating a glut of used CDs). They have baout the same per-song price as DRM downloads, but you can rip them and play them on any computer or player without restrictions, software overhead, or hassle.

    1. Re:Blame used CDs! by clifyt · · Score: 2, Insightful

      "...let's blame used CDs."

      They blew their wad on that way too soon.

      Back in the mid90s, the RIAA decided to employ their highest grossing artist to go around and try to explain why Used CDs were killing the industry. Garth Brooks made a GREAT pitch to the Walmart crowd -- all of whom realized that a man with more mansions than Saddam had palaces wasn't doing half as bad as they were knowing their doublewide could get repossessed and hauled away at any point.

      I stood behind Metalica when they stood up against Napster -- there is *NEVER* an excuse to take something someone else created and duplicate it to the point that you are essentially a competitor that left unchecked can put you out of business -- and done so by your fans.

      But when Brooks was doing this years earlier, he decided to change a paradigm that had been legal for over a thousand years...'he' didn't even want his stuff in libraries. If you want rid of cd, you needed to just throw it in the trash. No doctrine of first sale that has always been in copyright.

      But no one took this seriously and there were laws enacted to actually strenghten the idea of selling used physical media like this. And that is why I still buy a majority of my music via CD and its subset of used CD. I don't see any prevaling need to be allowed to sell my iTunes purchases -- I knew going into it that the paradigm was such that I tied to the music -- but CDs -- no one is going to make this argument again for a long time.

      Again, the music industry blew their wad on this years ago...

  41. Nonsense by bloobloo · · Score: 3, Insightful

    Napster is synonymous with free downloads. Not paid for ones.

  42. Re:Napster and Microsoft are just as bad as eachot by vikkilea · · Score: 1
    You can also buy single tunes from the store for like, 80p each and then you don't have to pay £15 a month, and you get to keep the songs if you uninstall napster.

    It just adds to my point though; It's a bad service in itself.

  43. PlaysForSure by MichaelSmith · · Score: 1

    Carries an implied doubt that it will in fact Play For Sure. If you knew the answer with confidence you would just say it Plays.

    Its a bit like if I write a dogy patch for somebody which I think will work and I say "sure, it'l work" on my way out the door.

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

      The fact that 'Plays For Sure' even exists speaks volumes about the usability of Microsoft's DRM system.

      "New iPod Killer Music Player! Now Actually Plays Music!!!"

  44. Re:Napster and Microsoft are just as bad as eachot by Zaatxe · · Score: 1

    Still, more expensive than iTunes...

    --
    So say we all
  45. It's their fault, not Microsoft's by Deep+Fried+Geekboy · · Score: 1

    Comforting as it may be to lay off blame to someone else, in business the only mistakes are your own. Strategically, relying on Microsoft's DRM was a huge mistake, as lots of people realized at the time. Moreover, laying off on Microsoft allows them to conveniently ignore the fact that subscription-based music services are a fundamentally b0rked idea while iTunes (and indeed AllOfMp3.com) remains up and running ('why rent when you can buy?' at its simplest). Napster's business model either ignored those factors or figured it was a risk worth taking. They had lots of choices. They made the wrong ones.

    --

    I'm not wrong. You haven't thought about it hard enough.

  46. What a shock by OnanTheBarbarian · · Score: 1

    Napster can't find a way to make money off of users' downloads. Film at 11.

    Seriously, who thinks that Napster (the big flash in the pan from several years ago) has such brand name recognition that a largely unconnected - and undistinguished - music business deserves to make money off the brand name years later?

    1. Facilitate massive copyright violation and get really popular
    2. Stop facilitating massive copyright violation
    3. ???
    4. Profit!!!

  47. Of course it is Microsoft's fault., Napster... by crunchly · · Score: 1

    It certainly couldn't be the possibility that few people like the subscription model you are pushing.

    I think a good deal of the reason iTunes has been successful (other than good integration with the iPod) is that you more or less own the song you buy. Although I don't care for it myself, Apple's DRM restrictions don't seem to bother too many people and I don't know anyone that is comfortable subscribing to a service. They don't want to lose access to their entire library if they choose to stop paying for it.

    Napster has an option that lets you buy songs permanently for $0.99, but you wouldn't know it unless you did a little searching.

    Like the old adage, Napster, when you point your finger at someone, three more are pointing back at you.

  48. Except this is not right by aepervius · · Score: 1

    They could compete with Itune by offering lower cost un-drmed song, and they would then usable on Ipod. Remmember user can convert the song to the format, and asd interroperatibility could napser do the same. they bitch simply because they want to sell the cake and eat it : use their own DRM and ride on the fact the Ipod is sold a lot.

    Also remmmeber Ipod is NOT a monopoly like MS is. Ipod came later to a market with a lot of player. Heck there is still a lot of concurrence. That the other suck does not matter, as long as 1) Apple is offereing licence for their DRM (they are as far as I know) 2) do not stop other to sell compatible un-DRMed song (as per above this is the case) making their own hardware open for others. 3) do not leverage their monopoly in hardware by forcing other song manifacturer onto their own hardware (this is the case, the RIAA&Co is not forced by Apple to use IPOD).

    No really the fact is that napser and other with a buisness model involving restricting a lot their consumer fail and now they bitch because other with a less restrictive business model are successful. In other word because consumer refused their product. This is free market at its best and not a monopoly.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  49. He fails to mention he only rents music by prsce96 · · Score: 1
    From napster.com,
    It is necessary to maintain a Napster subscription in order to continue access to songs downloaded through the Napster service. If you are joining a subscription plan with an installment billing option (e.g. 1 year billed monthly), Napster will charge you for each applicable installment without further notice.
    In addition to being incompatible with 90+% of mp3 players, Napster rents out music. Even if I wasn't concerned about listening to music on an iPod this would prevent me being a customer.
    1. Re:He fails to mention he only rents music by HotBBQ · · Score: 0

      I am a Napster subscriber, but I don't rent the music. I am listening to the files on my iPod as I type this. I can do this because I found a nifty little program that plays the mp3 in Windows media player (or iTunes) and records the output to a DRM free copy of the file. Then I can do what ever the hell I choose with it. It even has a digital replay mode so I don't have to wait in real-time for the song to play. I'm paying and I'm playing.

      http://www.tunebite.com/

    2. Re:He fails to mention he only rents music by Anonymous Coward · · Score: 0
      I am a Napster subscriber, but I don't rent the music. I found a nifty little program that plays the mp3 in Windows media player (or iTunes) and records the output to a DRM free copy of the file.
      the fact that you found a tool to get rid of DRM does not change the fact that you are actually renting music from napster.
    3. Re:He fails to mention he only rents music by HotBBQ · · Score: 0

      I'm not renting anything. I download a series of bits, take some of said bits out, remove the original bit sequence from my PC.

      In any case Napster is a service AND a store. You can purchase songs for $.99 just like iTunes and do whatever you please with them afterwards.

    4. Re:He fails to mention he only rents music by Anonymous Coward · · Score: 0

      you obviously didn't understand napster terms and conditions

    5. Re:He fails to mention he only rents music by HotBBQ · · Score: 0

      I read it, I understand it. But be damned if I'm going to buy a track/album and not be able to put a copy of it in my car, on my laptop, on my iPod, on my whatever I want for personal use.

  50. Jesus... by jamyskis · · Score: 1

    I thought I'd never do this, but I'm going to have to side with Microsoft on this one. As evil and restrictive as their DRM is, it does actually work. Napster made the critical mistake of trying to dictate to the customers what they want instead of actually listening to what customers want. Time after time I read articles written by Gorog and co. with the ridiculous attempts to justify a subscription model that was doomed to failure from day one. The funniest one by far was the "you never really own your music" argument (http://news.bbc.co.uk/2/hi/entertainment/4165868. stm).

  51. PlaysForSure "Not" by ZoOnI · · Score: 1
    You bring up a interesting point. PlaysForSure from what I remember doesn't actually mean what end users think. It just means that the hardware manufacturer of the device has supportted all the required interfaces and network protocals, DRM v10, WMA CBR & VBR a bunch of metadata and some other stuff. Basically content created by online vendors like Napster.

    Did M$ test these devices on an end to end scenerio with XP or W2K to verify the devices will be recognized and they can sync musis to them ...(Nope)

    So how do you know the device will PlayForSure ... You don't. Just plug in a IRiver T30 MP3 player with the PlaysForSure logo and watch it not Play DRM media.

    I am not a big fan of Apple but I bet the ipod has been through some e2e testing and if I was Napster I'd want to be asociated with a reliable entertainment infastructure.

    ZoOnI

    --
    "Never say Never."
    1. Re:PlaysForSure "Not" by Anonymous Coward · · Score: 0

      The difference is that Apple holds a monopoly position over it's entire music ecosystem, from OS to DRM to download service to device. As such Apple can very easily ensure that every piece fits just right, however at the cost of no other entity being allowed to operate within that ecosystem. Apple refuses to license their DRM knowing full well that no other online music source will be able to sell music without a DRM scheme and no other DRM scheme will work with the iPod. Apple is used to this kind of control, but they're not used to this kind of success. They better be wary lest they evoke antitrust measures against them.

      Microsoft is, by far, not a monopoly in this field. They have the OS and the DRM. They license their DRM to anyone who asks so that third parties may launch music download services or devices. As such there are a plethora of different devices on the market. I own two DVD players, one CD changer stereo, one portable CD player, two car radios and a flash player that all understand and play Microsoft DRMed music just fine.

      None of these players will play a song downloaded off of iTunes. Why? Apple refuses to license the DRM scheme to permit it so that they can sell more iPods.

      The iPod cannot play songs downloaded using any other DRM scheme. Why? Apple refuses to license and implement other DRM schemes so that they can sell more music on ITMS.

      Now, see, Slashdot usually makes a big stink about user choice and business ethics when they can pin any form of accusations on Microsoft. But Apple, they can do no harm. Apple is screwing the market and the market absolutely loves it, but the end result is that there is no choice because Apple does not want there to be choice.

      Just imagine for a second if Microsoft had launched a music service that sold WMA with DRM and sold a device that played WMA with DRM and refused to license the DRM scheme with anybody else, either content providers or device manufacturers. They would have been sued into the ground. Also, between WMA DRM and FairPlay, only one ever has a chance of being ported to Linux because only one has an SDK that you can purchase. Yes, it costs money, but "For Sale" is a little more open than "No."

      Or you can stick to the Oggs and unencumbered MP3s, play on all devices and get to listen to the worst of middle American garage bands. :)

    2. Re:PlaysForSure "Not" by ZoOnI · · Score: 1
      Granted Monopoly bad, but Apple doesn't claim to play for sure on any devices it doesn't. M$ is no angel here providing free protection (DRM) and infastructure to 3rd parties. It needs DRM for many of it's apps like Office, Exchange, Web services etc. M$ probably doesn't want to get into the fray with devices as it has a bad track record with hardware and the profit margines $$ on small devices aren't good enough. M$ still wants to help it's hardware freinds against the evil dominace of Apple in this area.

      All this doesn't change the fact the M$ could do quality control if it is going to brand "PlayForSure" but it is cheaper to not do so and to not verify that OEMs are doing a good job leaves consumer and content providers with asurance of quality on a M$ brand that is not there.

      ZoOnI

      --
      "Never say Never."
  52. Why can't we all just get along? by StringBlade · · Score: 1

    Because it's bad for business! Companies aren't going to get along unless it's mutually beneficial for them. If portable music player manufacturer A produces a player that works with PMP manufacturer B's DRM and B reciprocates, then it'll just be left to innovation (of a non-DRM sort) to drive the competition and garner more sales than the other guy. But we all know that innovation is hard and expensive, so it's best to just lock the other guy(s) out and try to become the standard to which others much conform. Or in this case, just screw everyone else and boost your sales numbers because you won't even play the other guys' format(s).

    Apple is rapidly becoming a company that I despise as much as Microsoft for its sketchy business practices. That's why if big business can't get along, then I'll take my business to the little guys (Free/Open Source) who DO get along. (That's not to say OSS gets along all the time, but they do more frequently than closed source.) Also, I say F/OSS but that doesn't mean I'm adverse to paying for software that will run well on Linux - free is preferable, but quality is worth $$$.

    --
    ...and that's the way the cookie crumbles.
    1. Re:Why can't we all just get along? by wolfmanXUG · · Score: 0
      Apple is rapidly becoming a company that I despise as much as Microsoft for its sketchy business practices.

      Can you provide examples of their "sketchy business practices" as you have put it?

    2. Re:Why can't we all just get along? by elrous0 · · Score: 1
      Can you provide examples of their "sketchy business practices" as you have put it?

      Uh, I think he just did. By maintaining a closed DRM and refusing to license it and manufacturing the only hardware that supports it, Apple has established a monopoly on the online music market just as surely as Microsoft has on the OS market.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:Why can't we all just get along? by wbd · · Score: 1

      > I'll take my business to the little guys (Free/Open Source) who DO get along. (That's not to say OSS gets along all the time, but they do more frequently than closed source

      Yeah right, sure they do...that's why there are a zillion different Linux distros on intel chips alone that all vary only slightly....and several different slightly different desktop managers....and so on and so on.

      Too much choice can be a BAD thing too and Linux is a perfect example. "WHICH Linux do I pick?", says Joe AverageComputerUser, "There are so many? Ah, the heck with it, I can't tell. I'll just buy Windows."

      Hell, this is even a problem on (PowerPC) Macs....there are at a bunch of Linux distros there too, (Ubuntu, SUSE, YellowDog, MkLinux, etc ,etc maybe more that I can't think of.)

      OSS is even MORE likely to fall into the "take my ball and go home" trap. Too many chiefs, not enough workers.

    4. Re:Why can't we all just get along? by wolfmanXUG · · Score: 0
      Uh, I think he just did. By maintaining a closed DRM and refusing to license it and manufacturing the only hardware that supports it, Apple has established a monopoly on the online music market just as surely as Microsoft has on the OS market.

      Sorry there is nothing "sketchy" about it seeing how the sytem not held in secret and was not disclosed to the public how the basic system was to work. Do not confuse a "closed" system with being sketchy. I also seem to recall that was not out apple but Napster basically saying "Hey I put all my eggs in one basket and its the baskets fault I did this." Now that is a "sketchy business prectice."

    5. Re:Why can't we all just get along? by Anonymous Coward · · Score: 0

      "Too much choice can be a BAD thing too and Linux is a perfect example..."

      Joe Sixpack doesn't seem to have a problem picking a car among the large selection available. And I'd venture to say that Joe Sixpack's efforts, if so inclined, in selecting a Linux distro would boil down to RedHat/FC*, Novell/*SuSE or Ubuntu as his first Linux distro. That is assuming, of course, he read the "consumer reports".

    6. Re:Why can't we all just get along? by Overly+Critical+Guy · · Score: 1

      That's not a sketchy business practice. Businesses are 100% free to make products that tie into their other products.

      It's when that company becomes a monopoly and then uses that position to coerce stores and manufacturers into preventing competing products from entering the market, the way Microsoft did in the 90s with computer OEMs. Apple isn't doing this; there are plenty of competing players at your local computer store. In fact, it would go against Steve Jobs' cocky attitude, since his perfect baby doesn't need such deals to crush the competition--it does all on its own. And that has made Apple-haters bitter.

      --
      "Sufferin' succotash."
    7. Re:Why can't we all just get along? by shotfeel · · Score: 1

      Apple has established a monopoly on the online music market just as surely as Microsoft has on the OS market.

      Not even close. WMA still has significant traction and marketshare, not to mention some big backers. Apple still having their current marketshare 5 years from now is not assured by any means. There are many companies who are competing and reasonably believe they can cut into Apple's share of the market. And yes, if Apple were to open things up, this would very likely happen. Compare that with Windows. When's the last time you read an credible article about the next "Windows Killer". Does anyone believe one misstep is all it would take for MS to lose its monopoly?

      IOW, Apple's "monopoly" is new and tenuous. MS's is neither.

    8. Re:Why can't we all just get along? by Anonymous Coward · · Score: 0

      You make it sound like there's no other way to get music, except from Apple, if you want to use an iPod or iTunes. I have over 40,000 legitimately owned music tracks. I've never bought a single track from iTunes music store, but, I love listening to and organizing my music with my iPods and iTunes.

      PS. iTunes is free.

    9. Re:Why can't we all just get along? by elrous0 · · Score: 1
      since his perfect baby doesn't need such deals to crush the competition

      Since iTunes songs are specifically encoded to only work on iPods, he must not be TOO open to competition.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    10. Re:Why can't we all just get along? by mr100percent · · Score: 0, Troll

      Can I burn WMA DRMed songs to CD? I can with my iTunes songs.

    11. Re:Why can't we all just get along? by TrancePhreak · · Score: 1

      Quite often you can, but it's not always guaranteed like it is with iTunes. SAFETY NOT GUARANTEED

      --

      -]Phreak Out[-
    12. Re:Why can't we all just get along? by StringBlade · · Score: 1

      An old but valid example is Apple suing Microsoft over Windows 3.1 (I believe) for infringing on Apple's "window" design (not sure if it was patented). Now, before you say that's Apple's right, realize that Apple simply stole the idea from Xerox -- the real creator of the windowed graphical interface.

      Apple also has a very nasty habit of suing people left and right who try to use the Apple image and likeness in parody and sattire which is protected under Fair Use rights.

      I'm not saying Apple is by any means as "evil" as MS is on a day-to-day basis. But I am saying that I believe Apple would happily surplant MS and rule with an iron fist just as much as MS tries to.

      Not to mention that Apple's hardware is on the line of price gouging -- the hardware really is more expensive than it should be, and many times you cannot purchase some generic component and have it reliably work with Apple hardware. That said, I do think their hardware is of a fairly high quality, just not as high as they price it to be.

      Just FYI, I own a PowerBook with OS X as well as several PCs running various flavors of Linux and one installation of Windows XP Pro. I made the mistake of purchasing an iRiver (one of the newest ones) as a gift for my wife. It was a mistake because while it plays OGG, WMA, and MP3 it can ONLY be loaded by Windows Media Player 10. Previous versions of the iRiver had Mac software for loading music, but not this one and WMP does not know what OGG is. An iPod, while compatible with a Mac certainly, would be much more expensive and from what I've read, much more fragile (also much larger unless I spring for the nano and mega $$$). Naturally, none of them (from what I've seen) play well across platforms and media types and are also durable. I'd just love to see an open source hardware player -- just to see what it is capable of.

      --
      ...and that's the way the cookie crumbles.
    13. Re:Why can't we all just get along? by StringBlade · · Score: 1

      iTunes is also bundled with Quicktime now. As a matter of fact, it's the only way to get the latest Quicktime from Apple. I know there are a few sites out there that allow you to download just QT 7.0 without iTunes, but that's only because someone was nice enough to separate the software I want (QT to play .mov files) from the software I don't necessarily want (iTunes). It may not be illegal, but it sure is annoying and reminiscient of those Microsoft tactics that landed them in the hot seat with Netscape.

      --
      ...and that's the way the cookie crumbles.
  53. Man bites dog by EiZei · · Score: 1

    A (former) P2P company blaming a big DRM-heavy software company for it's lack of sales, talk about unusual.

  54. Business 101 by Secrity · · Score: 1

    Don't Business 101 classes still teach that having a your entire business being 100% dependent on a single vendor is a very bad thing?

    1. Re:Business 101 by shotfeel · · Score: 1

      No, its OK as long as you publicly blame them for your failure. That always motivates the other company to do their best to make sure your business succeeds. I'm sure Gates is on the phone right now apologizing for Napsters poor performance and promising to step up support.

  55. If DRM needed, should be Open. by guidryp · · Score: 3, Interesting

    The problem here is that there is no Open DRM standard. So any company building players and having a music system would love to use their own free DRM system that they don't have to pay royalties on. Apple succeeded in doing this. Everyone else decided to feed at the Microsoft booth. Instead of whining, Real, Napster et al, should band together and build an open royalty free DRM and give it two HW manufacturers and run their services on that, rather than complaining that the big two won't interoperate. Which Apple really can't do without cutting their own throat.

    Apple really needs to maintain Fairplay exclusively or cede yet another market to Microsoft. Remember when Palm had a PDA monopoly? Remember when Sony owned Video Games. Apple is just desperately trying to hang on to that one niche that Microsoft hasn't crushed with it's computing monopoly and mountain of Cash (Yet).

    Apple won't license fairplay for the same reason they don't license OSX, they make money selling hardware. What happens if they license fairplay?

    1: Stiffer competition in hardware sales, in fact Apple will find itself at a competitive disadvantage, as competing players will have fairplay and playforsure.

    2: Apple forced to license play4sure from microsoft. Because of the competitive disadvantage they would be in, Apple would be forced to licence ($$$) play4sure from Microsoft. Can you see how distastefull this is.

    Now where are we. Apple has now lost it's competitive advantage and was forced to pay money to arch rival computer monopolist microsoft, just to stay competitive. No wonder they won't open Fairplay up.

    So music services, quit your damn whining and make a free, open DRM solution available to both music services and HW companies and break free of the big two.

    1. Re:If DRM needed, should be Open. by iphayd · · Score: 1

      Your analysis is flawed. Microsoft won't win this battle. There are two reasons for this.

      1) The DRM.

      I have a vested interest in getting a new iPod if I have an investment in iTMS music. Sure, you can transcode the music, but do you think that the senator with the iPod is going to know/care how to do that?

      2) The dock connector.

      I need an iPod if I want my car to work with my player. I need an iPod if I want all of those myriad of accessories to work with my player. Sure, I can use line out for all these devices, but if a user wants to integrate their player into their equipment, they better have an iPod.

      In terms of fighting off Microsoft, #2 is the important one. Apple has effectively made cars >$10k accessories for your $400-$600 consumer electronics device. However, the Hi-Fi is Apple shooting themselves in the foot. They saw a market that their stores were doing well in (aftermarket iPod speakers.) Instead of leaving this market to Bose and Klipsch, they decided to enter it themselves, ignoring the fact that it is through the third party accessories that they maintain their edge over Microsoft.

    2. Re:If DRM needed, should be Open. by Anonymous Coward · · Score: 0

      Neither of those consequences follow.

      Apple can simply licence Fairplay so that non-Apple stores can sell music for the iPod.

      Why would Apple licence WMA when it opens up, at most, 20% of the market for all the hassles described here?
      Why would Apple licence Fairplay for other devices?

      They just don't make sense.

      The ONLY concern Apple would have is that iTMS would have to compete on an even footing.

    3. Re:If DRM needed, should be Open. by ecki · · Score: 1

      Of course there are open DRM standards, e.g. OMA DRM or MPEG-21, but there won't be a royalty free DRM anytime soon. It's all patented up.

    4. Re:If DRM needed, should be Open. by Alsee · · Score: 1

      The problem here is that there is no Open DRM standard.

      No, the problem is that there is currently a very broken law making it criminal for independant hardware manufacturers to simply make interoperable devices. A broken law making it criminal for some random hardware maker to simply include iTunes DRM format playback in their device and making it criminal for them to simply include Microsoft DRM format playback in their device and making it criminal for them to simply include Real's DRM format playback in their device. There is no reason it should be criminal for an independant manufacurer to simply include interoperably playback support for any and all DRM'ed formats. They are certainly CAPABLE of doing it. The only reason they don't is that it is criminal for them to do so.

      The only reason that the free market does not supply these interoperable devices is because there is a broken law prohibiting free market competition and interoperability.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  56. It works if it's cheap enough by tkrotchko · · Score: 1

    Yahoo's service is like $60 for 12 months of this. You can't transfer to players (that's another $60), but I don't really care. I use it as a service to preview what I want to buy.

    Plus now I can stream to my Roku from Yahoo, so I'm not investing big in it.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  57. Choice by Kadin2048 · · Score: 1

    First thing you see: BUY MUSIC FROM THE iTUNES MUSIC STORE!

    Actually this isn't precisely true, and I know because I just installed iTunes (on my work PC) for the first time in several years. The first thing you see once you get past the setup screens is a dialog asking "Do you want to go to the Music Store, or to your Library?" ... if you go to the library, you're just presented with an empty window, if you don't have any music. (And there's a thing for the iTunes MiniStore at the bottom, asking you if you want to turn it on, but you can just disable it.)

    I think the iTMS part of iTunes is somewhat overstated -- I'm willing to bet that most people don't use it for more than a small percentage of their music Libraries, with the possible exception of people who really made out during the Pepsi-cap promotions or won sweepstakes.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Choice by shotfeel · · Score: 1

      A lot of people started filling up their iTunes Library and their iPods before the ITumes Music Store even existed.

  58. Biting the hand that feeds by Winterblink · · Score: 1

    "A lot of people following this story in the media and investors ... are really focusing on the tree and are not stepping back and looking at the forest. To date, only 5 per cent of (music) sales have migrated digitally. We are in the very, very early days of this."

    Yeah, and if you keep making jabs at the sole provider of your technology, you might find yourself watching from the sidelines. Or, you might have to get in bed with RealNetworks, which is basically the same thing.

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
  59. Proof in my book. by EddyPearson · · Score: 1

    Just another point for the group of people who say: DRM won't work.
    People use iTunes because it was new, and innovative, and they all had iPods.
    Now people have a bigger choice of good MP3 players, and places offering DRM encumbered music. The novelty will wear off, and people will again slowly realize that they can get the same quaility music with no DRM for free.

    DRM: the self defeating prophacy.

    --
    You feel sleepy. Close your eyes. The opinions stated above are yours. You cannot imagine why you ever felt otherwise.
  60. DRM killing Napster by Ender+Ryan · · Score: 1
    I think it is quite fitting that DRM is killing Napster. Napster made it's name by facilitating "piracy," sold out to the man and started selling heavily encumbered music, and is now dying for it. That's fitting, IMO. What would be nicer still, however, is if all this DRM shit would bring down the whole of the music industry.

    I can envision a new industry, where artists sign with small labels or produce their own music, and sell DRM free music on the web, and have small batches of CDs pressed at reasonable prices to be sold at reasonable prices in stores of the brick and mortor and online varieties. With reasonable prices, I don't think piracy would be a big issue, and with artists getting paid directly and in control of their own product, they'll be making better livings. And I can see the current record execs selling their homes, cars, vacation homes, etc, just to make it by.

    But who'm I kidding, that'd make too much sense and be the right thing to happen, so it's obviously impossible.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  61. Freudian Slip? by Kadin2048 · · Score: 1

    you'll be one of those who will be gone in the the next 12 to 24 months.

    Hey, maybe that's what he meant? Napster going out of business would be a change in the competitive landscape, albeit a very small one (to anyone who doesn't use Napster). I think that's quite a bit more likely to come true than Apple losing any significant part of the market.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  62. they should partner with sony by bitt3n · · Score: 1

    dump microsoft and partner with sony: then set up the system to download music onto the user's computer and charge his credit card without the inconvenient step of informing him. You could call the DRM 'Foulplay'.

  63. Let's Play Acrophobia! by IcerLeaf · · Score: 1
    Does anyone else think the choice of "PlaysForSure" as a name is pretty odd? "SurePlay" or something would have been better - the only people I have ever heard say "for sure" are German people learning English.
    ... or folks from Fargo. But seriously, PlaysForSure (PFS) opens itself up to a whole world of Acronym fun. (Anyone remember the old online game, Acrophobia?)

    • Pods For Suckers
    • Pennies For Sony
    • Pays For Sailboats
    • Poorly Forethought Scrambling
    • Piracy Far Simpler
    ...
  64. Napster died a long time ago by Anonymous Coward · · Score: 0

    'Napster' isn't even napster anymore. It's just another shopping cart on yet another clunky and inessential music website.

  65. Interesting... by Benanov · · Score: 1

    They've been singing this "no doctrine of first sale" for a long time now, and no one's ever really listened...

    Until now.

  66. Lack of Good MP3 player by aka_big_wurm · · Score: 1

    I did my homework before buying my last MP3 player and for the price size and interface IPod was the best. Itunes is not so great but I only have to deal with that when I transfer songs.

    So if it was not for sucky player I may have went with Nabster of Yahoo for music. (however allofmp3.com wins for me)

  67. DRM != Open by Kadin2048 · · Score: 1

    This has been brought up before, and I don't think that you'll ever see an "open" DRM system, because DRM is a fundamentally flawed and insecure concept, which relies on security through obscurity. 'Openness' of any sort is anathema to a DRM scheme, because it just means that it will be cracked more rapidly.

    Of course, they always seem to get cracked anyway, but the closed, obscure, undocumented systems usually stay 'secure' long enough for the manufacturer to sell them to the music labels and other content providers, which is the really important part. If the labels/studios point out what's wrong with the DRM (like "hey, doesn't the user have both the file and the key to decrypt it, in order to make it work?") the manufacturer of the system can respond "sure, but nobody except us understands how the system works, and we're not telling, so it's secure." Then when it eventually gets broken, the companies can blame it on "hackers," and not on a basic problem in what they're trying to accomplish.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:DRM != Open by spitzak · · Score: 1

      It is quite possible to provide the source code so that anybody can make a music player that uses "Open DRM". The only problem is that the resulting music player won't play any commercial music. The secret is kept in a key which is different than the test ones provided with the source code. In fact this would allow the engineers to work on debugging the machine and adding features while only working with a set of "test" music thus making all the info they have worthless for breaking the DRM.

      If the code is open-source, I'm quite certain that it would be analyzed so completely by thousands of people trying to prove they are smart by fixing it, that it would be quite impossible to get a key out of a working version, a level of security that the RIAA and MS could only dream of.

    2. Re:DRM != Open by Alsee · · Score: 1

      If the code is open-source, I'm quite certain that it would be analyzed so completely by thousands of people trying to prove they are smart by fixing it, that it would be quite impossible to get a key out of a working version

      What sort of software analysis magically secures hardware?

      What sort of software analysis magically prevents me from unscrewing MY hardware that I bought and if neccessary unsoldering MY chips that I own and using a logic probe or a microscope to read out my key?

      People who think that DRM fails "simply because the software wasn't good enough yet" have no understanding of the technology and/or they are living in fantasyland.

      DRM is a hopless attempt to apply cryptography to a non-cryptography task.

      Cryptography if the task of person A sending a message for authorized person B to be able to read, while preventing unauthorized person C from reading it. Such cryptographt can be entirely secure, effectively unbreakable.

      DRM is an attempt for person A to give authorized person B the encrypted content and to give him the key to read and use it, while trying to prevent person B from having the key and being able to read it. DRM is a fundamental insanity self contradiction. You cannot have person B be simultaneously authorized and unauthorized to access the encrypted data. You cannot simultaneously enable and prevent person B from being able to access the data. You cannot simultaneously give person B the key while preventing that very person from having the key.

      DRM is not a cryptography task at all. DRM always fails because it tries to use encryption to do something that encryption cannot do. DRM always fails becuase it paradoxically tries to secure the data against authorized people with authorized access.

      The most that DRM can do is attempt to obscure the key. The most it can do is attempt to make it a hassle for someone to figure out what key they already have.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:DRM != Open by spitzak · · Score: 1

      Yes I agree. Sorry if my post made it look like DRM is actually possible.

      I do believe that a true open source DRM would result in a design such that it is extremely hard to determine the key, for instance where it is written such that the key itself is never stored in the resulting program, and other hacks. But it will never be impossible, for the simple reasons you state.

    4. Re:DRM != Open by Alsee · · Score: 1

      Okey. For a minute there you sounded like a DRM crusader. Grin.

      where [] the key itself is never stored in the resulting program

      That's exactly what they are trying to do with Trusted Computing. Under Trusted Computing all of the DRM software can be open source, and even GPL. It is all based on forcing everyone to have a computer built upon a boobytrapped self destructing microchip to hold your key. A chip designed to lock your files against you, to spy on your computer, and to send that spy reports out to other people over the internet. The system can even be used to effectively defeat the GPL. They can give you GPL software along with the complete source, but the source is effectively useless. If you change so much as a single line of code the chip prohibits it from working.

      Trusted Computing all falls apart if you read your key ouut of you chip, but they have done everything they can to make it a serious bitch to successfully read it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  68. Hey Napster -- by Anonymous Coward · · Score: 0

    Our business does rely on Microsoft's digital rights management software and our business model also relies on Microsoft's ecosystem of device manufacturers.

    I found the problem!

  69. Don't blame Microsoft, blame the RIAA by jocknerd · · Score: 2, Insightful

    The RIAA insisted on DRM. And Apple responded. Now Apple controls the market, much to the chagrins of the RIAA. But hey, they wanted DRM. And don't expect Apple to drop it anytime soon. They have discovered what DRM really means. Its not copy protection. Its vendor lock-in. If the RIAA really wants digital music to succeed, they need to drop DRM now. That will level the playing field both in online stores and digital players.

    1. Re:Don't blame Microsoft, blame the RIAA by Absentminded-Artist · · Score: 1

      Excellent points. DRM was the only way the RIAA would do business with Apple, and now they regret it because Apple has been so successful it can start calling the shots. IMO, the only thing keeping Apple from becoming a bonafide label themselves, thus cutting out all traditional channels, is their eternal litigation problems with Apple Corps - still awaiting further trail in March.

      At any rate, Yahoo execs see things exactly as you do. I wonder if the RIAA has enough foresight to see that removing DRM is good for business for them. It is a rich irony, though. To level the playing field so that they can call the shots again they have to allow and even encourage DRM free music. Interesting times.

      --
      The Splintered Mind - Overcoming
    2. Re:Don't blame Microsoft, blame the RIAA by Alsee · · Score: 1

      I don't know hat Apple Corps's market capitalization is, but I suspect that Apple Computer could simply buy the company. That would make all of the Apple tradmark issues vanish, and it would give Apple Computer ownership of a vast music copyright library. It would be.... ahh.... very very interesting (chuckle) ... to watch the ensuing RIAA fireworks if Apple were suddenly to offer that library of music for MP3 format sale. There would suddenly be a lot of very awakened and very annoyed people bitching about why the other songs are only available in crappy DRM format.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Don't blame Microsoft, blame the RIAA by Hitchcock_Blonde · · Score: 0

      And Apple would still win. You people just don't get it. Until a competitor comes up with a slick, easy-to-use player, the right software and the right store, Apple will stay on top. It isn't the DRM that keeps people on iPods. It's the fact that everything works seamlessly. To tell you the truth, I bet a lot of iPod owners don't even know the music they buy is DRM'd.

      --
      Karma Schmarma
    4. Re:Don't blame Microsoft, blame the RIAA by Anonymous Coward · · Score: 0

      Why would Apple want to make music available in mp3 format? Their goal is to sell more iPods, and they can do that by making sure that the files are tied to the hardware.

    5. Re:Don't blame Microsoft, blame the RIAA by Alsee · · Score: 1

      Their goal is to sell more iPods

      No, their goal is to make money.

      Why would Apple want to make music available in mp3 format?

      Becuse it would massively increase music sales, including sales to people holding non-iPod MP3 players. They still have the enormous iPod trademark which is effectively synonymous with MP3 player, and if there is any erosion of iPod sales because of it that erosion could quite possibly be more than offset by the increased music sales department. And remmber, the RIAA is currently sucking out virtually 100% of the profit on each song sold. If Apple Computers were to buy Apple Crop music, the profit margin would jump from maybe 1 or 2 cents per song sold to something like 50 cents per song sold (at least for those songs in the Apply Corp library, presumably the only ones sold as MP3s and the onse drawing all of the new attention). With that kind of asrtonomical multiplier in per-song profit margin the music sales profit could very well outstrip any diminishment in hardware.

      There is also the very serious point that the RIAA has been dicking over Apple and deliberately trying to undermine iTunes to drive business to other online services and has been trying to jack up the rates massively to impose $1.69 song prices and possible even $2.50 song prices, and they have been threatening to outright KILL the entire iTunes business by refusing to renew the iTunes licensing unless Apple agrees to further rapage in increased RIAA fees and all sorts of insane and crippling contract terms. If Apple Computer bought Apple Corp they could continue selling that library of music and they would get a huge surge in publis interest and support if they were selling them as MP3s, and the RIAA would look like absolute idiots denying their own music from being sold on the worlds largest internet music store. iTunes would continue in business with substantially reduced music offerings, and the RIAA would be even more screwed than Apple. Aside from kutting off their own money supply, it would be public relations suicide for the RIAA. The public doesn't like the RIAA as it is, but this would be major mainstream news. Papers like the New York Times would run major stories on it, and the memebers of the RIAA would come off looking like insane self destructive demonspawn.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  70. In other news by oliverthered · · Score: 1

    Smokers blame tobacco companies when they have health problems associated with smoking.

    You pick Microsoft with it's track record and what do you expect?

    --
    thank God the internet isn't a human right.
  71. An even better business model by Kadin2048 · · Score: 1

    I've got a better system, just charge his credit card for "licenses" which allow him to listen to music that he's statistically likely to hear during the rest of his day.

    "Let's see, Mr Jones ... you're a 30-year-old white male, you go to the mall once a month, you like to eat at Burrito Hut, and you wear a size 9-1/2 wide. Your Ambient Listening System license will be just $9.85 a month! But if you want to upgrade, for just $29.95 a month, you can get a license that allows for unlimited playback of Sony Music titles on your own Humming and Whistling Device. Can I sign you up for that?"

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  72. When is the next "iPod Killer" article coming? by cruiserparts · · Score: 0

    Really, now slashdot can stop pimping articles about the next iPod killer. It seems like we get 3 or 4 announcements each month. Instead just post this article as evidence that there probably won't be one for many years. This is an example of everything that is wrong with all "alternative" mp3 products and services and everything that is right about iPod/iTunes. Can we move on now?

  73. Re:Napster and Microsoft are just as bad as eachot by totoanihilation · · Score: 1
    I use a Creative Micro; I've refused to use an ipod of any kind since i knew what an mp3 player was.

    I don't get what you're trying to say here... I've been using an iPod as an MP3 player exclusively for two years, never having bought music from any online store, but rather ripping my CD collection. To me, that's exactly what an mp3 player is all about. What do you mean?
  74. Could Lack of sales possible be from... by Treebeard+the+Ent · · Score: 1

    Could the lack of sales possible be from the fact that Napster is a giant heap of turds. I mean I installed it on my computer and could never actually sign in because the program locked the whole damn computer up. Napster used to be king, but now it is a turd.

    --
    Never argue with an idiot. They will just bring you down to their level and beat you with experience.
  75. Marketing Problem? by raquor · · Score: 1

    It occurs to me that perhaps what Napster has is a marketing and strategy problem. The system they are using now is really better suited to competing with Sirius and XM radio then with iTunes. You pay a subscription fee to listen to Sirius and to use Napster. I think if they tried to sell the service that way they might do all right as opposed to trying to compete with iTunes buy it and use it system. But I'm just a peon that is supposed to buy this crap unquestioningly so what do I know??

  76. Not that i am sticking up for M$ but... by Stanneh · · Score: 1

    it was due to an advert for napster on the new MS vista webpage that i was made to realise that napster still existed. you can try out vista on their webpage it allows you to interact with the vista features when you click the programs button in vista it shows you napster installed.

    --
    I Predict A Riot
  77. Do I hear someone? by imikem · · Score: 0

    Somewhere, giving his considered opinion on Mr. Gorog's plight? You do know what's coming, right?

    --
    Perscriptio in manibus tabellariorum est.
  78. Poor execution, poor software interface. by ppartipilo · · Score: 1

    I have tried Napster To Go. Napster's software is horrible. Not Microsoft's. Their customer service is also nonexistent, and extremely slow to respond. They would take 2 to 3 business days to respond to my problem reports. Cancelled after one month.

    I am now using Yahoo Unlimited To Go, which I believe uses the same Microsoft technology, and have not had any problems yet, 3 months into their service.

  79. Actually by Solr_Flare · · Score: 1

    I think Napster's rent option is the one single best thing about the service. The real problems, imho are:

    1) Even when you do buy your options with what you can do with the song are incredibly limited.

    2) The application itself is gaudy and awkward to use.

    3) Incompatability with apple's ipod, the market leader in mp3 devices.

    4) A limited selection of mp3 players that work with it's "napster to go" rent service.

    One of my good friends uses napster and the napster to go service. The service itself is rather awesome and he has ammased a huge music collection for his mp3 player. It's the one thing I wish I had an option for with itunes. But, he hates everythign else about napster himself and really dislikes the mp3 player he is being forced to use(it's file system becomes corrupted very easily, etc.). At this point he is waiting for his mp3 player to die then he is planning on buying an ipod and switching to itunes.

    --
    You are who you are, let no one tell you different. But, never close your mind to a new point of view.
  80. Apple fanboys disagree that it's a problem by Anonymous Coward · · Score: 0

    Having to rely on one manufacturer is good. And once you build up that 1000 song library and they raise the price of an iPod (guess what you have to either go through the pain in the ass of ripping with some quality loss .. or eating your investment) .. dont blame me. And once they realize they can hold on to their monopoly without improving the iPod that'll be another funny thing. Apple gets away with making the iPod battery inconvenient and expensive to replace. How would you like your cell phone to be like that? Other mp3 players have FM record capabilities etc. who knows we'd be seeing highly reliable voice control ipods or wi-fi mp3 players by now too within smaller form factor. Or innovations I/you cant think of. Just as how the fanboys say operating systems would magically be hundreds of times more advanced if it wasnt for M$FT. Yet Unixes and often Mac OS too didn't exactly suffer from zero profits at the time.

    According to the fanboys, M$FT is evil no matter what it does. Hey they even piss on M$FT for breaking compatibility with old apps although Apple was the one who basically told everyone a big "fuck you" and broke compatibility from Mac OS 9 to Mac OS X.

    M$FT's biggest anti trust (not proven in court) crime was supposedly forcing the OEM's to not support other manufacturers .. and giving out software to people for free. Now I walk into a restaurant and ask for Pepsi, and they say "Coke ok?" .. why's that? Cause Coke discounts the price if they dont supply Pepsi? I wont get into car analogies. If an OEM doesnt agree with M$FTs terms dont sell Windows .. don't try to make money off selling microsoft. Imagine M$FT was Apple .. OEM's can go fishing or something. If M$FT wants to pay people for solely marketing their products that's fine by me .. hey your boss would rightfully get pissed/fire you if you were working for a competitor on the side wouldnt he?

  81. Flea Bytes? by LifesABeach · · Score: 1

    If one lays down with dogs, one is sure to get flea bites. But a short internet search will show that the law suits of Micorsoft losing AFTER doing business with a company that sells interesting technology is damning enough.

  82. Go Old School by SomeOtherGuy · · Score: 1

    Why not have a music service where you pick your tunes, pay for them -- and have them delivered on plain old fashioned CD...just like if you got them in the store. Everyone wins.

    There is no DRM on an established media. The content providers are not taking any more risk than with the CD's they sell of the shelves at the record store or target. The customer owns the "master" and it is not tied to any particular technological device or operating system. They would be 99.9% compatible with anything that can play music.

    We know this model works. It has made many record companies and artists rich and famous and many customers happy ever since the introduction of the first LP....All the way through 8-tracks and cassette tapes. The customer retains the right to choose what to do (digital wise) with that CD. If the customer happens to own a PC and Portable music player --- he can rip it to whatever format and bitrate that floats his boat.

    --
    (+1 Funny) only if I laugh out loud.
  83. Insightfull my ass by SmallFurryCreature · · Score: 2, Interesting
    Apple isn't a monopoly. Go to the average computer store and you will have a hardtime buying another OS then MS. Hell you will even have a hardtime buying a PC without MS pre-installed/pre-payed.

    Now go into your average electronic store and OOOOOH, a dozen different brands of portable media players. Even different formats. Minidisc, AAC, MP3, WMA, CD, WAV.

    Yeah sure, the iPod's sell best BUT that is not what makes a monopoly. Nobody in their right mind would call Dell a monopoly even if they are one of the biggest players in the market.

    Apple has done nothing to stop other players from entering the field. It doesn't have exclusive contracts with the artists (you can still buy their CD's even if no other online store happens to carry them).

    Oh and the biggest proof that Apple isn't MS. iTunes works on windows. Does MS drm work on apple? So Apple doesn't even abuse its non-monopoly just big market share to force people to use its OS.

    Frankly Apple can be bashed for a lot but calling it a monopoly is just silly.

    Oh and the smaller players aren't having troubles at all. Just ask the iRivers of this world or the creative labs.

    No the ones having problems are the ones who banked on MS winning an easy victory and now finding that people will not buy that MS drm crap.

    --

    MMO Quests are like orgasms:

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

    1. Re:Insightfull my ass by Jesapoo · · Score: 1

      This discussion isn't about operating systems or computer hardware - it's about digital music.

      Apple has a monopoly in the online music market. Apple's offering is the dominant DRM standard. And no one else can use it.

      Doesn't quite seem fair, does it? :P

    2. Re:Insightfull my ass by noewun · · Score: 1
      Apple does not have a monopoly:

      Exclusive control by one group of the means of producing or selling a commodity or service.

      In order for Apple to have a monopoly, they would have to be the sole source for music on the internets, or the sole source of mp3 players, which they are not. The fact that Apple is the only company using Fairplay doesn't make them a monopolist because it is not restraint of trade; other companies are free to enter the market with their own digital music, DRM standards and music players and market them. Apple is not restraining their trade in any way.

      What Apple is doing is offering an integrated system which the vast majority of legal digital music consumers find to be the best. There is nothing wrong with this: it is successful capitalism. The charges against Apple are as if Pepsi said to Coke, "hey, you're killing us with your sales so we are entitled to your recipe to make things fair!" If other music suppliers wish to beat Apple, they should market better products.

      I hereby nominate "monopoly" as the most misunderstood and most abused word on Slashdot.

      --
      I am a believer of momentum and curves.
    3. Re:Insightfull my ass by Overly+Critical+Guy · · Score: 1

      Careful, you're injecting logic and reasoning into an article where Apple-haters are trying to feel hip and enlightened by defending Microsoft and turning the tables by calling Apple the monopoly.

      Sorry, kids, there are a ton of competing players at my local Wal-mart. That ain't true with Windows. Back the in 90s, Microsoft would pull your Windows license if you dared sell anything non-Microsoft. Hence, monopoly abuse charges.

      With the iPod, Steve Jobs knows his little player is kicking everyone's butts because it's simply better. It's not Apple's fault the competition isn't up to snuff.

      --
      "Sufferin' succotash."
    4. Re:Insightfull my ass by RzUpAnmsCwrds · · Score: 1

      Apple isn't a monopoly.

      I find that comment amusing and puzzling. When it comes to online music sales or portable music device sales, they are indeed a de-facto monopoly. They have become increasingly good at locking you in - iPod ties to iTunes which ties to iTMS.

      It's exactly what Microsoft did - use their OS monopoly to get a browser monopoly.

    5. Re:Insightfull my ass by Jesapoo · · Score: 1

      From that very page - "A situation in which a single company or group owns all or nearly all of the market for a given type of product or service." I suppose it's how you view the apple control of the industry... I do note, however, that apple has a monopoly on digital music that can be played on the ipod - and considering the sizable market share the ipod has, having "This service is not compatible with Apple iPod" displayed on your music store website probably isn't a brilliant selling point :P

    6. Re:Insightfull my ass by geekee · · Score: 1

      "Apple isn't a monopoly. Go to the average computer store and you will have a hardtime buying another OS then MS. Hell you will even have a hardtime buying a PC without MS pre-installed/pre-payed."

      Apple is a monopoly in both the online music market and the portable music player market in the same sense that Microsoft is a monopoly in the OS market.

      "Nobody in their right mind would call Dell a monopoly even if they are one of the biggest players in the market."

      Dell doesn't have an 80% marketshare.

      --
      Vote for Pedro
    7. Re:Insightfull my ass by geekee · · Score: 1

      "Careful, you're injecting logic and reasoning into an article where Apple-haters are trying to feel hip and enlightened by defending Microsoft and turning the tables by calling Apple the monopoly."

      If by logic and reasoning you mean faulty logic and bad reasoning, then you are correct. Apple has a monopoly in the portable music player market in the same sense that Microsoft has one in the OS market.

      "Back the in 90s, Microsoft would pull your Windows license if you dared sell anything non-Microsoft. Hence, monopoly abuse charges."

      Apple won't even give you a license to sell Fairplay DRMed music. Yeah that's a much better practice.

      "With the iPod, Steve Jobs knows his little player is kicking everyone's butts because it's simply better."

      You mean marketed better.

      --
      Vote for Pedro
  84. That's right! by brainnolo · · Score: 1

    I mean, they are bashing Microsoft, so they must be right!

  85. Ummm... you might want to re-think that by Craig+Maloney · · Score: 1

    I think part of the problem with Napster mark 2 is that subscription models don't work for the same group of people that iTunes appeals to. I'd rather have access to the song for as long as I care to have access to it, not for as long as my subscription holds out. Also, most of the geek people know to stay away from Napster since they are a shell of their former selves. Even their logo looks less ominous than it used to be.

  86. Microsoft a monopolist - They dictate, you listen by AppleTwoGuru · · Score: 1

    What did you expect in this monopoly-controlled market? What does Microsoft have to do for you? Surely, you MUST be doing something wrong if the Bush Administration agrees that Microsoft should remain a monopolist. (Retired Honourable Thomas Penfield Jackson: 'Nothing changed') What did you expect partnering with a Monopolist? How about developing your own standard or adopt Sun Microsystems Open DRM standard if you need to co-exist with the RIAA and the government? Don't give Microsoft what it wants. Give it what it deserves. You do have options. Go ahead and complain to the EU, but don't think for a moment someone else will save you out of this. These are your choices available. Die, Live in Freedom, or Live under absolute rule of the dictatorship of Microsoft, your choice. It is a choice WE ALL have to make. I choose freedom. And sometimes, that means taking a risk in spite of opposition to that objective. Are you going to take a stand, or are you going to be a disgrace and just stand there and take it. Show me what you've got inside your heart... Gold or Jello?

  87. I tried to use Napster.... by StarWreck · · Score: 1

    I tried to use Napster when it first came out because I have a WMA compatible CD player. (The AVC Soul Player, One of the best MP3 CD Players ever released before the market was taken over by iPOD's).

    I bought 5 songs from Napster, burned them to CD and popped the CD into my player. Instead of hearing music like I expected, I got the message "Protected WMA". Napster has no interest in supporting my music player, so I have no interest in supporting Napster.

    --
    ... and in the DRM, bind them.
  88. Microsoft is changing to suit Napster by theendlessnow · · Score: 1

    Microsoft considers Napster to be a key piece of software for their platform. Therefore they are making the changes that Napster needs. On a related note, next year Microsoft is releasing their Live Music system which will allow people to download music from a vast repository. It will be a free download for Windows XP and will deliver with the production run of Vista. :)

  89. The problems are just to many by SmallFurryCreature · · Score: 2, Interesting
    First of all is the name. Yeah yeah napster was once a very famous name in certain circles. It even made the 'real' news but that was mostly AFTER it died. Problem? Well simply put, Napster was famous among 'pirates'. Then it died for several years and came back as something completly different. Napster was buggy, filled with crap, slow, often useless but free 'illegal' music. How does this sell you pay to listen music service? The whole brand name is worthless.

    Then their is the pricing model. Anyone with a brain knows that this is worse even then the bookclub model (I don't know if americans have it so let me explain, bookclubs sign people up on the street (nowadays mostly immigrants or other people who ain't very street smart) to be able to buy books/cds/dvds cheaply from their catalog. The scam? You have to buy 2 books every period minimum and the contract lasts for 2 years. Since their catalog is really limited you end up buying stuff you do not want).

    At least you get to keep the books from bookclub after you cancel (and paid for two years worth of stuff you don't want).You loose all your napster music if you ever cancel.

    You are also locked in to only using their service with hardware that supports their DRM. It only works on Windows. (iTunes works on Mac and Windows) Oh and the format used is often reviewed as the worst of the bunch.

    There is also no 'gifting' it. You can buy somebody some iTunes songs for their birthday. But napster? Oh, wow, one month of listening to music except I can't listen to them on my iPod, gee thanks.

    As for their complaint that MS software ain't up to it. Well fucking duh. NOBODY uses MS software. How do you think the whole winamp model works eh? Because MS own software is to crap for words.

    So you got a name that lost its meaning, trying to sell stuff people can't use, by artist people don't want, for a price people are not prepared to pay, on conditions that people don't like, using software people loathe, to be played on a tiny handfull of devices that people don't like.

    Gee, yeah that sounds like a good business plan to me.

    Then again all this MS funded fud is not meant to be a real business. MS doesn't have to own the online music store market. All it has to do is delay anyone else from doing so until inertia takes over.

    In fact that is what Napster seems to be banking on. That MS can pull another IE and that somehow their inferior product will become the norm.

    IE vs Netscape happened because IE was bundled. Perhaps MS should sponsor Dell to give a free MP3 player with their PC's? Pre loaded with Napster?

    --

    MMO Quests are like orgasms:

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

    1. Re:The problems are just to many by CultFigure · · Score: 1
      You loose all your napster music if you ever cancel.

      I'm getting a little tired of this argument. I'm currently a yahoo music unlimited subscriber and quite frankly I love it. Sure, the program is not nearly as slick as iTunes, sure it's DRM'd, sure if I cancel my membership I lose all of my music, but I pay $60 for 12 months of unlimited legal downloads.

      It breaks down like this:
      Service (license)
      $60/yr = $5/m = unlimited downloads

      Purchase (own)
      $5+.79x = .99x ............ (yahoo price point = itunes price)
      x = number of songs / month = 25
      So, I need to purchase 25 songs per month through yahoo to make it price competitive with itunes. But wait, I also get to download as much music as I want (assuming it's available, and if not, just go to itunes, emusic, etc.), listen to jukebox radio stations, and share music with my friends using yahoo. All in all, that's not bad. Also, I have an Audiovox SMT5600 that syncs with a 512mb card, so I've got about 4 hours of music I can store that needs to be resynced once a month. (A phone and mp3 player in one device is awesome, btw.)

      I'll be honest and say that I'm not some hard-core audiophile (obviously), so yahoo works great for me. I'm also flaky, so I'll listen to something for a month or so, decide I don't care much for it anymore, then listen to something else. Verses the old way of buying a cd, then throwing it in the bottom shelf of my entertainment center to die with all the old crap I'm embarrassed I bought or intend to never listen to anymore buy won't throw away or sell because no one wants it or I'm pissed that I spent $15 on it.

      Leasing music to me makes perfect sense, so when I hear people say that you don't own your music, I say so what? I own my car, but I also really like cars, so the next one I get I may lease it just so I can get a new one every couple of years. Am I a crazy idiot supporting a drm'd "you can't drive over 14k miles a year" car company, or am I realistic with myself in that I don't drive that much anyway, but when I do I want it to be in a new car? You be the judge.
    2. Re:The problems are just to many by cr0sh · · Score: 1
      Some bookclubs may work that way, but not all do. I was, until recently, a member of the "Book of the Month Club", and it certainly was not set up this way. I only stayed a member for a couple of years, and didn't buy that many books from them. Basically, they sell you "N" number of books for a rediculously low price (like a dollar or so), you have to pay the shipping (which is where it can be $$$). After that, you agree to buy at least (IIRC) two more per year for a couple of years, minimum. Many times, though, where they get you is that they send out (if you don't return the card in time saying not to, or you don't log in and say "nope") "recommended choice" books (or some other wording). If you don't catch this, then you either have to go through the hassle of returning them (paying shipping back), or keep them and pay for them.

      Other than that last bit, I had no problem with the service. I liked the club, the books were good quality (book clubs sell books that are in a "club format" - they are a particular standard size, which I like, because it makes for a nice collection of books on a shelf - but they typically have some kind of ragged edge page binding that is fairly ugly - but they are cheap hardcovers!), and I bought my share before I left.

      Leaving required me to write a letter stating that I was leaving. I ended up leaving because I just wasn't buying enough books from them to deal with the hassle, and the books that I was buying were coming from used book sources more often than not, and I had a huge back-catalogue of these yet to read. It just didn't make sense for me to continue.

      --
      Reason is the Path to God - Anon
  90. napster by robpoe · · Score: 1

    they turned me off when the freaky ass commercial came on TV, told me that napster was my friend (really?!?!) and then in some devilish little girl voice said "have everything, own nothing" .. sounded somewhat socialist to me..

    --
    = Grow a brain...
  91. Those Darn CDs! by blueZhift · · Score: 1

    Blame it on those pesky CDs! As long as people have the notion that music is something that they can buy and own, subscription services like Napster cannot succeed in the face of iTunes. Where oh where would people get the idea that they can own music? Why it's the fact that you can go to a real music store and buy real physical media that you only pay for once. As long as such physical media is available, this idea of owning music won't go away. So if Napster wants to succeed, don't blame Microsoft, instead convince RIAA to stop allowing the sale of CDs in stores. But given that the music publishers still make a lot of money perpetuating the notion of music ownership by selling CDs, I think Napster may be in for a long wait.

    1. Re:Those Darn CDs! by Ilgaz · · Score: 1

      You know the format Napster uses is WMA, windows media audio yes?

      Ever heard that stinking format? Wonder why not even PIRATES not using it? Why they use 2x bigger mp3 or "iTunes" AAC?

      I hope nobody on this earth gives up a non compressed audio for WMA. Or, he/she should see a doctor about ears.

  92. What should really set off bells... by WindBourne · · Score: 1

    is what can napster do about it? Everybody says that you sue the closed source company. Well, lets see napster sue MS, and see how they do! I am betting that they get NOTHING.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  93. Re:Microsoft a monopolist - They dictate, you list by TheSkepticalOptimist · · Score: 1

    And what exactly does Apple do, offer free and open DRM and hardware so that all may benefit from iTunes and iPod. Apple doesn't control their own little part of the market with their own proprietary DRM for music and movie files? Geeze, here I was thinking that Apple is the most monopolistic company on earth, dictating exactly what software and hardware are sold to their customers, and exactly what price that hardware should be sold for not allowing 3rd party resellers to offer discounts to customers unless Apple first authorizes those discounts. Apple also forces smaller resellers to go bankrupt by ensuring that only Apple stores and large resellers get supply first, choking supply to smaller companies.

    Thanks for setting me straight, I thought that Apple was a dictator as well, but it seems that only Microsoft, with their support for tens of thousands of hardware and software products, cheap and easy to use software development tools allowing for both open source and shareware application development, a variety of XP versions to cater to individual and regional needs and allowing support for multiple music stores and support for a variety of digital media players with easy and inexpensive licensing schemes... yes, Microsoft is the biggest dictator out there. And like all dictators, they hold a gun to your head and force you to use their products. Shame on them, shaaaame!

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  94. Re:Microsoft a monopolist - They dictate, you list by TheSkepticalOptimist · · Score: 1

    And finally, Sun can come out with all the free crap they can dream up of, Java, OpenOffice, open DRM, open this, open that. If nobody uses it or supports it, who cares. How many digital media players support Sun's Open DRM? How many music stores use it? Open DRM is for people using Linux getting crappy independent basement band music off the web.

    It is one thing to say, look, we have Open DRM? Its another to make it a viable product, as has been the problem with ALL open source software.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  95. why is my music in MP3 format? by BitterAndDrunk · · Score: 1
    To listen to it on my MP3 player.

    Napster, AFAIK, does not allow for that portability, and instead requires a connection to the net at all times in order to use their service.
    That and the whole lock-in . . . I don't sign up for 2 year cell phone plans anymore because of that. When you're a captive customer, your service level goes down dramatically.

    --
    You better watch out, there may be dogs about . . .
    1. Re:why is my music in MP3 format? by dwandy · · Score: 1
      When you're a captive customer, your service level goes down dramatically.
      I agree, but regardless of whether you buy iTunes or Napster you're buying RIAA, so you're already a captive customer and the 'service' is already shit... :)
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    2. Re:why is my music in MP3 format? by dwandy · · Score: 1
      oh, and that's what I meant to add:
      Napster, AFAIK, does not allow for that portability, and instead requires a connection to the net at all times in order to use their service.
      That's the whole reason they need Msft DRM - - to let the files get off the hard drive onto a trusted device. Otherwise they could just write their own DRM. With the Msft DRM, you'll be able to move the file onto a Sony MP3 player (as a Msft DRMd file) and the RIAA can feel comfy that their precious song won't get released into the wild.
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
  96. Re:Napster and Microsoft are just as bad as eachot by vikkilea · · Score: 1
    My Original reason for not getting an iPod was because they didnt play wmas - my whole library was in wma, this was two years ago when my knowledge of different music file types wasn't that great.

    Then after that I refused to get an Ipod because, well, everyone has one, and it's nice to be a bit different, isn't it?

    iPods are more expensive, too.

  97. Blame Creative! by rspress · · Score: 1

    As it turns out Creatives Strategy for making an iPod killer was to make players in truly puke inspiring colors and it increase song capacity by dropping the 128K standard and doubling capacity by replacing it with the oxymoron "high quality" 64k WMA format. I guess they though people would not notice, they did.

    Here is a hint creative. Make sure all demo units actually work! Having them crash after 5 minutes of playing with them is not a good selling point. Will actually it is, for Apple.

    Even though I am basically an Apple person I did check every MP3 player in order to save a few bucks. I was less than impressed. I bought my iPod about 2 years ago and I am looking to get another one as my old one is now full.

  98. Apple markets to consumers, Microsoft to RIAA by Dr.+Sorenson · · Score: 1

    It's funny to me that the reason Apple owns the music player market is so simple. Apple's product appeals to what consumers want, consumers like it and they get sales. Microsoft's DRM crap is design to appeal to what music labels want, and last time I checked music labels aren't the ones buying these music players, and so it flops.

  99. Guess he hasn't been reading by CODiNE · · Score: 1
    his bible much lately.

    Mt. 12:25,26

    (Jesus speaking here) "Every kingdom divided against itself comes to desolation, and every city or house divided against itself will not stand. In the same way, if Satan expels Satan, he has become divided against himself; how, then,, will his kingdom stand?"


    Wow... Satan against Satan... Microsoft and Napster... how appropriate. ;-) But seriously, if the PlaysForSure "party" starts fighting among themselves it's gonna fail miserably, technical problems or not.
    --
    Cwm, fjord-bank glyphs vext quiz
  100. Re:Good point. by guidryp · · Score: 1

    "Apple can simply licence Fairplay so that non-Apple stores can sell music for the iPod."

    Good point, this does seem like a more workable solution. Still might lose Itunes competetive advantage then. If a really good store came along, it could then advertise compatability with Ipod/non ipods.

    Then again I don't care. I won't by DRM'd music.

  101. MP3 - Why Leave by PhYrE2k2 · · Score: 1

    Why'd they even leave MP3? I'm tired of these new formats. MP3, OGG, WMA, RealAudio. Please. RealAudio is a joke- horrible player, poor licensing, awful quality, etc. OGG will never be taken up by corporate america (just look at the slow take to MP3 players, which is being phased out these days). WMA is just too proprietary and lacks that easy compatibility with older devices, plus it requires some good licensing from MS.

    I know people say there are quality advantages over Mp3 (however small), but it's completely not worth it. A 192kbit MP3 will do quite enough to make some damn good CD quality audio. All the other formats just go and make up for it with adding SRS/WOW and other filters, destroying the quality anyway.

    -M

    --

    when you see the word 'Linux', drink!
  102. Re:Microsoft a monopolist - They dictate, you list by CottonEyedJoe · · Score: 1

    >cheap and easy to use software development tools allowing for both open source and shareware application development

    While you may arguably have some points against Apple in your post, I dont think MS scores on this one. You can get much cheaper than free and thats how much Apple's dev tools cost. Not "express" editions... the whole thing. How much will you pay for Xcode on Nov 6 2006? nothing. In fact, it comes with every copy of MacOS X sold. Linux and *BSD, yup... free too.

  103. People Don't Want To Rent Music by cmholm · · Score: 1

    Blame MS? Nice try Napster, but I call bullshit. I've said it before and I'll reiterate: people don't want to rent by the month, they want to own on demand. The phone companies get away with monthly fees because that's the way it started... but it doesn't mean consumers are in love with the business model.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
    1. Re:People Don't Want To Rent Music by geekee · · Score: 1

      "Blame MS? Nice try Napster, but I call bullshit. I've said it before and I'll reiterate: people don't want to rent by the month, they want to own on demand."

      Napster offers this, just like Apple.

      --
      Vote for Pedro
    2. Re:People Don't Want To Rent Music by cmholm · · Score: 1

      True, Napster Light does do a $0.99 deal, but it's buried beneath the $10 and $15/month come-ons. Obviously not core to their business, unless it turns out to be most of their business.

      --
      Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  104. Outview by msbsod · · Score: 1

    If Napster has problems with DRM and proprietary file formats, then it gets pretty clear what customers are going to face in the future if this nonsense spreads. Just say NO to DRM and
    proprietary file formats.

  105. nice spin by geekee · · Score: 1

    "I believe they meant a economic ecosystem, since MS's DRM is set up to allow hardware and software manufacturers to compete with one another. By comparison the iTunes/iPod system is set up to allow Apple to sell you music."

    It should read: By comparison the iTunes/iPod system is set up to prevent other people from competing with Apple.

    --
    Vote for Pedro
    1. Re:nice spin by zootm · · Score: 1

      Nah, I don't believe that. I just think Apple consider "competition" on another level. This is difficult to explain, but I think they basically consider music for the iPod a part of the iPod "experience", so it's their right to sell you it exclusively. Microsoft don't have this sort of ecosystem at all, since they don't make players — they just licence technology for players out to third parties.

      I'm not convinced that the way you rephrase it is technically incorrect, though. DRM is one of those onerous technologies that can be used to subvert fair trade, and Apple are showing that very well.

  106. huh? by geekee · · Score: 1

    "What did you expect in this monopoly-controlled market? What does Microsoft have to do for you? Surely, you MUST be doing something wrong if the Bush Administration agrees that Microsoft should remain a monopolist."

    How is Microsoft a monopolist in a market where Aplle just sold 1 billion songs, and no one else is even close to that kind of revenue?

    --
    Vote for Pedro
  107. No One Wants WMP, especially IPod owners. by twitter · · Score: 1
    You can't copy the songs to an iPod. At least not without jumping through hoops.

    You know, that would not matter if the Windoze media experience was anything like ITunes or Amarok. Who wants a $400 player when a $100 can do most of the same things? As it stands, you would be crazy to subject any player to WMP, much less an expensive one. Bill Gate's usual approach is working about as well as winmodems. WMP is a dissaster and everyone knows it.

    There's plenty of blame to go around, though. Part of the dissaster is the absolute greed attack by the new owners of Napster and other crappy music services. They have been giving away players, music and months of service in their attempt to get new subscribers. People don't want it, and it's not only Microsoft's fault. Most people don't want music that dissapears if you don't pay monthly fees. Even if it worked, few people would go for it. Combine that with the hit and miss, but always second rate, quality of Works for Sure players and the never work nature of WMP and you have a steaming pile of shit that no one wants.

    The whole melt down was predictable. It's easy to see, with so many greedy parties involved, that none of the stuff would work together. Each will be putting in their own little planned obsolescence or trump card over the others and none are co-operating. Napster blaming Microsoft is a little less predictable but the new owners seem to be more Hollywood bitches than M$ bitches. Racks of unsold Napster plans in stores is wholly predictable as are cheap music players that no one buys.

    Here's the funny part, a free software user is better off than someone paying the full M$ ticket. Many cheap M$ players act as normal USB storage devices and can be loaded with any normal software. Amarok is a first rate player, providing random fill, play, lyrics, cover art and the whole nine yards. The only problem I have is converting over to crappy mp3 format for the cheap device, which M$ will do their damnest to keep from working with free software. At the same time, I have my no strings attached music, reasonable portability and great software. With MTP, the ease of moving files on and off is lessening, but it won't be long before the gphoto work is taken up and that issue will dissapear. Content, thanks to Magnatunes and the Internet Archive, is also better in the free world.

    Believe me, the money I spend on music is now going to artists who don't mind me sharing their work. I want to see them live. I want their merchandise and I even want their CDs for the different versions that might be there.

    --

    Friends don't help friends install M$ junk.

    1. Re:No One Wants WMP, especially IPod owners. by Anonymous Coward · · Score: 0
      M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$... Windoze... M$...

      Another classic twitter post!

  108. The New Napster is nothing but RIAA Wet Dream. by twitter · · Score: 1
    Napster made it's name by facilitating "piracy," sold out to the man and started selling heavily encumbered music, and is now dying for it.

    My definition of "sell out" does not include what happened to Napster or MP3.com. Both companies were destroyed in court, with their investors loosing everything and then some. After essentially stealing the companies, the RIAA and friends went after the investors to punish them for putting their money forward, a first in copyright law abuse.

    The new owners obviously have different dreams for Napster, which mostly end badly. A few months after the purchase, the new owners of MP3.com threw away terrabytes worth of wonderful content that had been built over the years.

    I can envision a new industry, where artists sign with small labels or produce their own music, and sell DRM free music on the web, and have small batches of CDs pressed at reasonable prices to be sold at reasonable prices in stores of the brick and mortor and online varieties.

    That was essentially MP3.com's model if you take out the brick and mortar. Anyone could put their music up to be found by preference matching. "People who like X also like Y1-Y10" was a powerful sales tool that matched musical tastes. Anyone could download DRM free mp3s. MP3.com would make and mail CD player compatible CD's on demand that also contained mp3s and could be ripped to any format. The price was much more reasonable than either Itunes or the New Napsters of the world. The MP3's were convenient and the physical archive was reassuring.

    Today, you have Magnatunes, the Internet Archive and many others stepping into the void.

    --

    Friends don't help friends install M$ junk.

    1. Re:The New Napster is nothing but RIAA Wet Dream. by Ender+Ryan · · Score: 1
      Well, I always disliked Napster. From whatshisname being a complete prick, the users, and the software itself, I'm not upset that it's dead. I thought they sold the company to an RIAA affiliated company or something, however. The fact the the company was basically stolen, despite my dislike of the previous owners, makes it all the more fitting that it should die by DRM.

      What happened to MP3.com was a fucking travesty. It had major potential to shake up the industry, and the lawsuits against them were a fucking fraud. They may have, technically, violated copyrights, but they were not acting outside the spirit of copyright protection laws, or at least they were acting in good faith.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
  109. Listening to music by Oshkoshjohn · · Score: 1

    I have a Samsung MP3 player. I ripped my entire CD collection into MP3 format some time ago. Every week I drag the albums to which I had been listening off and drag six different albums on. My 1G player/FM tuner cost about 130 dollars in September, and now a model with a more sturdy control button is available for about 90 dollars. I had thought about getting more memory, but then I would never change the music!

    --
    Goddamned kids! Get off my lawn!