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Apple Defeats RIAA and France In Same Day

gnat writes "The subheading of the CNN article says it all: 'Four largest record companies defeated in behind-the-scenes battle to charge different prices for songs; downloads still 99 cents'. This comes the same day as France backed down on the posturing over demanding iPod interoperability." From the France article: "Apple, which did not return repeated phone calls, and other DRM holders doing business in France, are likely elated. While the law must still be voted on, the alterations in the legislation signify willingness by some in the French government to honor the rights of companies that don't wish to share their technology with competitors. Senate debate on the bill begins Thursday."

311 comments

  1. France backs down? by Whiney+Mac+Fanboy · · Score: 5, Insightful

    *sighs*

    Why didn't the submitter go with the more trollish (and lets face it, the comments will decsend to this level in a few seconds) headline the inquirer took: French committee surrenders on DRM law

    Let's all remember that while we would normally blindly follow Apple's lead in this, it is a Free software issue as well as being an Apple (yay) vs France (boo) issue.

    Like Microsoft (with word documents, SMB, etc), or Adobe (with encrypted PDFs), Apple should not persecute F/OSS users for attempting to interoperate with their products.

    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:France backs down? by john83 · · Score: 1

      Yeah, I'm shocked that there wasn't a "France surrenders" reference, either in TFA or in the posts. Who are you people, and what have you done with the real slashdot?

      On a more serious note, this is a real shame. Interoperability at the software level is easier to do than DRM, and governments should be supporting people's rights on this.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    2. Re:France backs down? by jkrise · · Score: 5, Insightful

      I don't think it's a Free Software issue at all... even in France. It's Apple's product and technology - they can do whatever they please. If their product became a monopoly.. then, maybe the specs for inter-operation to be dislosed. And unlike MS, Apple hasn't used any illegal means to obtain leading market share.

      --
      If you keep throwing chairs, one day you'll break windows....
    3. Re:France backs down? by GundamFan · · Score: 4, Insightful

      Apple should not persecute F/OSS users

      It's not persecution... I don't think Steve has a taskforce specificaly to chase Linux users around with sticks (sorry the over use of that word gets to me).

      If you choose to buy from ITMS you know exactly what you are getting, and while the argument that there should be Linux support for Apples products is valid that does not mean that everyone gets to whine about it... iPods play .mp3s and there are plenty of places to buy unencombered .mp3 music files... you may have to make some sacrifices in selection of products but anyone who is without any windows box should be used to that.

      I don't mean to be harsh but we are talking about a recreational item here it's not like iTunes music and iPods serve a vital purpose.

      --
      I don't give a damn for a man that can only spell a word one way.
      Mark Twain
    4. Re:France backs down? by Unski · · Score: 4, Funny

      Who are you people, and what have you done with the real slashdot?
      We are the silent minority. We have abducted the usual sensationalising /. submitters and instated a new order. From now on we will have factual statements as headlines, succeeded by a fair and orderly discussion. This will necessitate a reduction in page views, and we are currently in attempts to re-negotiate the patronage of the OSDL in this respect. We are also engaged in a comprehensive review of /. sigs, and we will be removing any which are factually-incorrect. Furthermore we are seeking to remove the moderation category known as 'funny' and will replace it with 'idiosyncratic'.

      Please remain calm, change is sometimes good.

    5. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 1, Interesting

      I don't think it's a Free Software issue at all... even in France. It's Apple's product and technology - they can do whatever they please.

      Interoperability with DRMed content is a Free Software issue. People want to be able to read Word files, Protected Adobe PDFs, watch DVDs, listen to WMAs or Fairplayed AAC, etc etc etc.

      If their product became a monopoly.. then, maybe the specs for inter-operation to be dislosed. And unlike MS, Apple hasn't used any illegal means to obtain leading market share.

      Saying they're not a monopoly is a strawman, I wasn't arguing that at all.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    6. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 2, Informative
      Apple should not persecute F/OSS users
      It's not persecution... I don't think Steve has a taskforce specificaly to chase Linux users around with sticks (sorry the over use of that word gets to me).

      Apple does not idly persecute F/OSS users, but your quote did not include the rest of my sentence:
      Apple should not persecute F/OSS users for attempting to interoperate with their products.
      Apple most certainly persecutes F/OSS users who attempt to interoperate with their products.

      If you choose to buy from ITMS you know exactly what you are getting

      You're quite right here - people should know what they're getting, but many don't. I wouldn't expect a linux user to start buying from iTunes, but think about people with large ITMS music collections who want to convert to linux (from windows naturally).

      I don't mean to be harsh but we are talking about a recreational item here it's not like iTunes music and iPods serve a vital purpose.

      You're right that itunes is a recreational item - I guess that means you agree that the deCSS authors should be prosecuted too.
      --
      There are shills on slashdot. Apparently, I'm one of them.
    7. Re:France backs down? by CastrTroy · · Score: 4, Insightful

      Yes, but you know what you are getting into when you buy iTunes. With MS Word, there's no choice, because of monopoly. If you want to buy movies, then you have to buy DVD. Protected PDF, WMA and Fairplay fall into another category. There are other solutions. You don't like iTunes? Go buy the CD. Buy music from Real, or Napster, or listen to the radio. I don't think Corel released their specs for wordperfect files either. The monopoly status is what changes the rules.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    8. Re:France backs down? by crawling_chaos · · Score: 0

      I also want to eat at five star restaurants every night. Is that a free food issue? If the seller does not want to sell under terms you find acceptable, then don't buy. It's not like AAC audio is a necessity of life.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    9. Re:France backs down? by babbling · · Score: 0, Flamebait

      Apple is a wolf in sheep clothing. I don't understand why anyone would ever side with Apple. Their track record is worse than Microsoft, except that they're not as big as Microsoft is.

      - Apple spread DRM.
      - Apple change the "rules" about how users can use their music (number of CDs a song can be burnt onto was reduced) using the DRM and software updates, even when the songs have ALREADY been purchased by the users.
      - Apple sue students for posting rumours about their products on the internet.
      - Apple try to talk Samba developers into making Samba non-copyleft so that they can take the code and close Apple's branch of it.

      Apple are bastards. People need to start treating them based on how they act (like bastards) rather than who they are (a "little guy" competitor to Microsoft).

    10. Re:France backs down? by babbling · · Score: 1

      If it prevents Free Software from interoperating with Apple stuff, it is at least partially a Free Software issue.

    11. Re:France backs down? by babbling · · Score: 2, Informative

      WE know what we're getting into when we buy from iTunes, and that's why most people who know about it are opposed to it. I'm willing to bet that all the kiddies who have gone out and bought iPods and started buying music off iTunes don't realise or haven't considered the fact that the music they're now buying won't work with other portable music players which they may buy when iPods aren't "cool" anymore.

      Consumer groups should be issuing warnings to the public about DRM systems.
      We should be writing to consumer groups to ask them to issue these warnings.
      Apple shouldn't be doing what they're doing.

    12. Re:France backs down? by jocknerd · · Score: 4, Insightful

      But proponents of Apple's DRM will argue that the music CAN be played on other players. You just have to convert it. Its a pain, but Apple does give you that option.

      The real problem is that the RIAA, in all their infinite wisdom, is screwing themselves. They demanded DRM, and now its biting them in the ass. Without DRM, Apple wouldn't have the leverage to dictate the pricing on songs.

    13. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 3, Insightful

      Yes, but you know what you are getting into when you buy iTunes.

      I do, you presumably do, but not everyone does.

      With MS Word, there's no choice, because of monopoly.

      No choice? What about OO.org? What you mean is no choice if you have existing documents (the same as someone with an ITMS AAC collection who decides to convert to freeBSD)

      Oh - and word was not the MS monopoly, Windows was.

      If you want to buy movies, then you have to buy DVD.

      Or a video. DVDs do not constitute a monopoly.

      Protected PDF, WMA and Fairplay fall into another category.

      No they don't, because none of your other examples were monopolies either.

      There are other solutions. You don't like iTunes? Go buy the CD. Buy music from Real, or Napster, or listen to the radio.

      What if you already have an iTunes music collection?

      I don't think Corel released their specs for wordperfect files either.

      So what? Corel's files are not protected by DRM - that's what we're talking about here ya?

      The monopoly status is what changes the rules.

      Maybe for you, but for many otherpeople, DRM is a monstrosity, made worse by a monopoly, but still a monstrosity without one.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    14. Re:France backs down? by tdemark · · Score: 3, Informative

      - Apple change the "rules" about how users can use their music (number of CDs a song can be burnt onto was reduced) using the DRM and software updates, even when the songs have ALREADY been purchased by the users.

      Why let facts get in the way of a good rant?

      Apple has absolutely no restrictions on the number of times a song can be burned. What they restrict is the number of times a playlist which contains "protected" songs can be burned.

      Can you honestly give a valid personal use reason why you would need to burn the same playlist of somebody else's music more than 10 times?

      - Tony

    15. Re:France backs down? by Anonymous Coward · · Score: 0

      No choice? What about OO.org? What you mean is no choice if you have existing documents (the same as someone with an ITMS AAC collection who decides to convert to freeBSD)

      If you want to collaborate, there is no choice but to use .doc files. If you send someone a .sxw file, they will just reply and say "I can't open this". If you send an RTF file you lose half your formatting. If you send a PDF, they can't easily edit it.

    16. Re:France backs down? by voice_of_all_reason · · Score: 1

      Invalid analogy. Contracts do not allow you to sign away certain rights. The right to use your own personal property as you see fit should probably be one of them.

      The question of course, is whether or not the courts will eventually see your personal itunes .mp3 and word .doc files in this manner.

    17. Re:France backs down? by soulflakes · · Score: 0

      Party favors dude, party favors...ask any woman who has organized a bridal / baby shower...

    18. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 1, Insightful

      Can you honestly give a valid personal use reason why you would need to burn the same playlist of somebody else's music more than 10 times?

      I believe the GP's point was that Apple changed the terms and conditions of what you could do with your music after the purchase was made.

      But you're right of course - let's burn the heretic GP for his blasphemous anti-apple ways.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    19. Re:France backs down? by gkhan1 · · Score: 2, Informative
      You can save documents in .doc in OO.o. If the other person only has MS Word, what's the problem with that? I do this regularly when I have to collaborate with people who don't use OO.org.

      Tell me, is it just because you are a whiny open source-guy who cries "But I DON'T WANNA use .doc!" anytime someone isn't as hip as you?

    20. Re:France backs down? by minuszero · · Score: 1

      Please remain calm, change is sometimes good.

      ++good, infact.

    21. Re:France backs down? by oahazmatt · · Score: 2, Informative
      With MS Word, there's no choice, because of monopoly
      Unless you use OpenOffice, NeoOffice/J, or to a lesser extent, TextEdit.

      If you want to buy movies, then you have to buy DVD.
      Unless you want the VHS copy (still available) or UMD.

      You don't like iTunes? Go buy the CD.
      Or buy the CD through iTunes for cheaper and burn the disc as MP3s (which iTunes allows)

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    22. Re:France backs down? by lp-habu · · Score: 0
      ...governments should be supporting people's rights on this.
      Exactly which "people's rights" did you have in mind? You have no inherent right to anything which belongs to anyone else, nor any inherent right to decide on what terms they are allowed to provide it to you, should they so choose. So which "rights" do you think should be supported?
    23. Re:France backs down? by Anonymous Coward · · Score: 0

      Apple also changed the number of computers you can use your iTMS music on - from 3 to 5. After I bought 100 songs with a 3 computer limit! Damn you, Apple!

      The point isn't that Apple changed the terms, I know, it's that the change in terms was more restrictive. Honestly, I don't have too much trouble with that particular restriction. What bothers me about Apple is the inconsistency in service: the further away from Maine you are, the worse the service at the Apple Store is.

    24. Re:France backs down? by gnugrep · · Score: 4, Informative

      No that is wrong. Apple versions the fairplay, so if you bought the song before the change in rules, the old rules applies to this song. The new rules only apply to songs bought after the change.

    25. Re:France backs down? by Pofy · · Score: 2, Informative

      You obviously have never heared about consumer sales laws which typically DO tell what terms are allowed and what terms are not allowed.

    26. Re:France backs down? by mytec · · Score: 1
      I believe the GP's point was that Apple changed the terms and conditions of what you could do with your music after the purchase was made.

      Read the EULA specifically clause 20.
      http://www.apple.com/support/itunes/legal/terms. html
      How can one complain (not you but the GP) when one agreed to the very terms that Apples reserves the right to exert? If one doesn't like the terms, especially any right Apple (or any company) reserves, then go elsewhere. There are a myriad of options for obtaining music. Find a provider that that is on your same moral/ethical level.

      Personally Apples EULA for iTMS hasn't been an issue. If in the future I no longer agree with Apple and their terms, I'll just convert my library to MP3 and move on. I've used iTMS since its inception and haven't had a single problem. I have a hard copy of all my music. I've never found a legitimate use for exceeding their burning limits on the play lists, for example, which is a common "complaint".

      I'm far less encumbered now than I ever was. I can play my music in any car, hook up to any sound system, and stream music to other rooms. From my point of view, I'm better off than when I used CDs. By a long shot.

    27. Re:France backs down? by john83 · · Score: 1

      Thank you - exactly. Consumers' rights, anti-monopoly laws (interoperability does a lot to stop that kind of thing), etc.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    28. Re:France backs down? by Anonymous Coward · · Score: 0

      Apple spread DRM.

      Stop acting like DRM is evil by definition. It depends on how you use it. I've never bought anything from iTunes, but I here it's really fair and hardly restricts you.

      Apple change the "rules" about how users can use their music (number of CDs a song can be burnt onto was reduced) using the DRM and software updates, even when the songs have ALREADY been purchased by the users.

      As another poster pointed out, this is simply not true.

      Apple sue students for posting rumours about their products on the internet.

      But they didn't sue him for money, they just wanted him to tell them the name of the guy that got him the information (while disclosing trade-secrets and breaking his NDA).


      I don't understand how a place that people always complain is full with apple fanboys has such a an incorect post about apple rated so high...

    29. Re:France backs down? by SmashMacFly · · Score: 1

      Absolutely, there is a point that most people are missing here: Apple has no monopoly in MP3 market, you can buy your MP3 elsewhere or buy the CD and rip them to put them on your MP3 player.
      It's not like you don't have any other choice, there are other choices by opposition to the Microsoft problem with Internet Explorer where you don't have any other choice but to use it as it is a part of Windows.

      Apple has a file format compatible between their software and their hardware who can blame them for that ? You can play other file format on the iPod so you're not forced to buy songs at Apple to use it and if you don't like the file format don't buy at ITMS.

    30. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 1

      Read the EULA specifically clause 20.
      http://www.apple.com/support/itunes/legal/terms. html


      1) The average person does not have the time to read a 4000 line EULA every time they make a purchase.

      2) The footer of that EULA reads: Last updated October 7, 2005, but makes no mention of what the updates were. Nice.

      I'm far less encumbered now than I ever was. I can play my music in any car, hook up to any sound system, and stream music to other rooms. From my point of view, I'm better off than when I used CDs. By a long shot.

      What? You jumped straight from 8 track to DRMed AAC did you? I fail to see how any of the things you mention are more encumbered using CDs (or mp3s) over DRMed AAC.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    31. Re:France backs down? by ixache · · Score: 1
      Why didn't the submitter go with the more trollish (and lets face it, the comments will decsend to this level in a few seconds) headline the inquirer took: "French committee surrenders on DRM law"

      Apple: Frown. "And next time, we'll scowl."
      France: "Oh non ! We surrender to you, la Pomme."
      News outlet headline: "French committee surrenders on DRM law"
      Slashdot comment: "Apple shows France as the surrendering weasels that they are."

      This'll never cease to be funny...

      Xavier, French by birth and Apple (computers) customer by choice

      --
      Do I make sense? Please report if not.
    32. Re:France backs down? by babbling · · Score: 0

      What planet do you live on?

      Apple doesn't allow people to convert iTunes music to any other formats or codecs, and doing so is probably against the law in most countries because it would be considered "circumventing copy protection".

      The record industry cartel loves DRM. They could open a music store that doesn't use DRM at any time they like. Additionally, the record industry cartel could cut Apple out of the deal at any time just by refusing to license new songs to Apple. Apple only have a little bit of power because they're established, so they managed to negotiate the 99 cents price. All that is required for the iTunes Music Store to die is the industry deciding that they can be bothered enough to kill ITMS. It is a decision for them; not something they would "like to do", but something that they "can do if they want to enough".

    33. Re:France backs down? by senatorpjt · · Score: 1

      You can't burn it to a CD anymore?

    34. Re:France backs down? by lp-habu · · Score: 1
      You obviously have never heared about consumer sales laws which typically DO tell what terms are allowed and what terms are not allowed.
      Actually, I have "heared" about such things. There is, however, a difference between violation of a law and infringement of rights, and of course you understand that. If Apple is in violation of a law, then let them suffer the appropriate consequences. Which laws do you believe they violate? And if you believe that they do in fact infringe upon rights, then which rights?
    35. Re:France backs down? by babbling · · Score: 2, Interesting

      Even if Apple puts something in their EULA and people agree to it, that doesn't mean it is okay when they do it. No one really takes EULAs seriously and they shouldn't, because most of the stuff in EULAs is so restrictive that a lot of it wouldn't even hold up in court.

      In this case, consumers' rights have been violated. Apple sold them a product and then sneaked into their computers and switched the product that they had sold them to one that is arguably inferior. That is wrong, and having a clause in a EULA that says Apple is allowed to do it doesn't make it any less wrong.

      By the way, each time you read any part of the above text you automatically agree to pay me $1,000. Now cough up, you filthy pirate!

    36. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 1

      I don't understand how a place that people always complain is full with apple fanboys has such a an incorect post about apple rated so high...

      Because for the most part, I've neutered the Mac Fanboys with mod points.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    37. Re:France backs down? by jcr · · Score: 2, Informative

      Even if Apple puts something in their EULA and people agree to it, that doesn't mean it is okay when they do it.

      Whether you think it's "ok" or not, it's a contract.

      By the way, each time you read any part of the above text you automatically agree to pay me $1,000.

      Guess again.. Take a course on contract law, and pay particular attention to the concept of "mutual consideration".

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    38. Re:France backs down? by babbling · · Score: 0

      You can, but it gets re-encoded each time you convert it, and each re-encoding results in a drop in quality. I haven't used iTunes, but I have been told that a full conversion from iTunes AAC format to CD to another compressed but non-DRM format effectively ruins the sound quality to an unacceptable level.

      Furthermore, using this "burn a CD and then rip it" trick is most likely covered by the "no circumvention" clause in the DMCA. Apple claims the DRM was there to prevent people from copying, and any method of turning that encrypted AAC file into a non-encrypted file that can be distributed is probably considered a "circumvention" and is illegal.

      So, yes, at the extra price of a blank CD you can turn some of your reasonable-quality-but-encrypted AAC files into unreasonable-quality-but-not-encrypted OGGs or MP3s, but it is most likely illegal.

      - Illegal
      - Bad quality
      - Waste of a CD

      It's not too hard to figure out that you're getting screwed if you buy from iTunes with the intention of obtaining an unencrypted file through this method.

    39. Re:France backs down? by Thrudheim · · Score: 2, Insightful

      Well, that may be a nice gift for a bridal shower, but giving copies of music to other people is not "personal use." You have no legal right to give away music ripped from your CDs without paying licensing fees to the rights holders. I realize that this restriction is routinely violated, but the point is that Fairplay is not taking away some "right" that we currently have.

    40. Re:France backs down? by elrous0 · · Score: 1
      Are you saying that the Apple iPod, which makes up over 80% of the MP3 player market and the *ONLY* legal online music service that it will work with (iTunes) don't represent a monopoly?

      Name one other legal music service that will work with iPod.

      Name one other MP3 player that will play iTunes files besides the iPod.

      If that isn't a "We've got you by the balls and you're going to buy FROM US OR NO ONE!" monopoly, then brother I've never seen one.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    41. Re:France backs down? by babbling · · Score: 0

      You were supposed to read my message bottom-up, so pay up!

      Almost no one reads those 50 page EULAs, so there is no "mutual consideration" in that case, either!

    42. Re:France backs down? by Anonymous Coward · · Score: 0

      For the record, Adobe openly publishes the specifications for encrypted PDFs. There is no technological or documentation difference between encrypted PDFs and PGP-encrypted emails or password-proteced zip files.

    43. Re:France backs down? by babbling · · Score: 1

      Can you give me a good reason why I should ever need to burn it through iTunes more than once? I can burn it once and then make identical copies of that CD.

      The fact that I can burn it more than once through iTunes is simply an issue of convenience. By changing the number of times I can burn a CD, they are making the product they have sold me a less convenient product, and a different product.

      So, why anyone would need to burn the songs to CD more than once is irrelevant. The question is, given that anyone can already make unlimited and identical copies of that CD, why is Apple retroactively making their product less usable for honest users?

      The greater issue here is the fact that Apple is okay with doing this, and the possibility of them one day retroactively applying even more undesirable changes to music purchased from the iTunes Music Store.

    44. Re:France backs down? by LWATCDR · · Score: 1

      I don't know. It is at best anti-competitive. Tying the ipod to the Itunes store means you can only buy music on line for your IPod at the Itunes store.
      I hate to admit it but I just bought an IPod so I could use Itunes for Podcasts.
      I am not thrilled with the Itunes interface at all. I don't find it an easy way to organize my music.
      The IPod's interface is the best I have used on any MP3 player.
      Now if RIO would just open source all the info on my Karma... I would be a happy man.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    45. Re:France backs down? by RedSteve · · Score: 2, Insightful

      There are a couple of problems with your rant:

      Apple spread DRM.

      And they did it at the behest of the content owners. It was the difference between having an online store (and a way to move their music player hardware) and having nothing but a couple of crappy creative commons songs. And as soul-less as DRM restrictions may be, at least Apple pushed for one of the least restrictive DRM schemes available. To wit: their content does not expire after a certain number of days or a certain number of plays; it does not require you to keep a subscription to a service in order to keep your music alive; it does not limit your right to burn CDs -- just the order in which you burn the list.

      Apple change the "rules" about how users can use their music (number of CDs a song can be burnt onto was reduced) using the DRM and software updates, even when the songs have ALREADY been purchased by the users.

      See one of the child posts, but my understanding is that Fairplay is versioned so that those songs that were bought with certain rights MAINTAIN those rights. Further, the limits on burning songs to CDs are not set at the individual song level, it's set at the playlist level -- in other words, i can burn any song to CD as many times as i want to; i just can't use the exact same playlist more than ten times.

      Apple sue students for posting rumours about their products on the internet.

      Unfortunately, that's the climate of business in the US today; businesses have an obligation to their shareholders to protect their competitve secrets. Of course, for every rumor that lands the rumor-monger in court, there are dozens that don't. The difference is probably in how big of an impact such a rumor can have on a company's competitiveness, and how stiffly the NDAs were worded with the source who originally leaked to the rumor site.

      It appears that any evil you want to ascribe to Apple is really either a problem you have with how business in the US is run in general, or by taking the dimmest view possible of their actions without considering the constraints under which the company operates. At any rate, they can hardly be viewed as MORE evil than other large, convicted monopolists who have done far more restrictive things with their technologies.

    46. Re:France backs down? by Thrudheim · · Score: 4, Insightful

      Yes, Apple did reduce the number of times a playlist could be burned from 10 to 7. This would apply to people who update their iTunes software and accept the new licensing terms. You are under no obligation to do this, of course. If the DRM change was so terrible, it wouldn't be worth updating iTunes.

      The changes have not been terrible, however. FairPlay has been around for a few years now and this is the worst example you can come up with? The restriction is completely trivial to anyone's "personal use" of the music. Slight changes to a playlist resets the counter on the number of burns. Hell, add a "song" that has two seconds of silence and you've got a new playlist. It is just not worth complaining about. How many copies of a playlist do you need?

      Moreover, you conventiently forget to mention that Fairplay was at the same time liberalized to allow a person to play their music purchased from the iTMS on five computers instead of three, something that is helpful for people who want their music at work and on multiple machines at home. It was a trade, in other words, that liberalized a restriction that people *did* face and tightened one that people rarely face. Evil Apple.

    47. Re:France backs down? by yurnotsoeviltwin · · Score: 1

      What about Apple's right to make whatever they want? I don't know if it's just me, but something seems wrong about the government forcing a company to tailor a product to a specific need. It's not quite communism, but it's based on the same principles. If software interoperability was such a big need, enough people would clamor for it that Apple would put it in without any need for government interference.

      Liberty FTW.

    48. Re:France backs down? by LordOfTheNoobs · · Score: 1

      The music is not the point. The interoperability is. Without the ability to reverse engineer competing technologies and the ability to legally interface with these, everyone suffers.

      Hey, why should IBM release its ``system interconnect proprietary protocol version 5''? You bought IBM, you knew what you were getting into. If you want to transfer files between systems, it's not the only option. You could have bought Microsoft or Apple or just use IBM proprietary disks and sneakernet the information. There's a lot of options for transferring files between computers.

      Of course, God help you if you want to move files to a _competitors_ system.

      Without interoperability as a goal, the internet would not exist and everyone would still be locked in a hellish series of uncooperative island networks, occasionally hooked together through a flaky bridge setup. All technology would be like that. Multitudes of devices, formats, protocols, APIs, and calling conventions. None of them talking, and noone allowed to try to change that, because someone else `owns' the ideas.

      --
      They're there affecting their effect.
    49. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 1

      For the record, Adobe openly publishes the specifications for encrypted PDFs. There is no technological or documentation difference between encrypted PDFs and PGP-encrypted emails or password-proteced zip files.

      You are indeed right - I will drop Adobe from the list of companies (like Apple, Microsoft and Real) that actively discriminate against users of F/OSS software.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    50. Re:France backs down? by cultrhetor · · Score: 1

      I'm sure that I'm not the first to point this out, but nobody buys "iTunes" - the software costs nothing to download and use - it's the downloads that cost you. I have a Mac, use iTunes, own an iPod, but I have never purchased *anything* on the iTunes music store. I usually buy CD's at the privately owned record shop across the street, which has decent used & indie selections, as well as major label stuff (but I think that the only major label cd I've purchased in the past year is the new Pearl Jam album). iTunes is a useful organizing tool - and I think that the m4a format is much less lossy for the compression than mp3s. Just a thought.

      --
      "Tu fui, ego eris" - Virgil
    51. Re:France backs down? by geoffspear · · Score: 1
      Invalid analogy. Contracts do not allow you to sign away certain rights. The right to use your own personal property as you see fit should probably be one of them.

      That would pretty much make every single contract in the history of contract law completely pointless. You're inventing "rights" and claiming they're so important that they trump contract law.

      Should I complain if the lease on my apartment says my landlord can't use my bedroom to store livestock and he decides to keep pigs in my bed? Wouldn't that deny him the Absolute Right to use his private property as he sees fit?

      --
      Don't blame me; I'm never given mod points.
    52. Re:France backs down? by CastrTroy · · Score: 1

      That's bad reasoning. Apple invented the iPod and iTunes to work together. If you want your iPod to play stuff from napster or real, that isn't Apple's problem to solve. They can't be required to support every format under the sun. It's like expecting MAC OSX to run on your Sun Sparc machine. The two products only work with eachother, and if you don't like it, you can buy another product. Apple owns 80% of the market because they are the only ones producing good products and marketing them well. There are other good products out there, yet they aren't marketed at all. And there are lots of bad products, like the Sony stuff, that is marketed.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    53. Re:France backs down? by Anonycat · · Score: 1

      Name one other legal music service that will work with iPod.

      eMusic

    54. Re:France backs down? by pdxmac · · Score: 3, Informative

      Dude, that's a seriously long post. I read "I haven't used iTunes, but", and then there was a lot of text that couldn't possibly be meaningful.

      I have burnt and re-encoded, and I can't tell the difference between my re-encoded MP3s and the original AAC. YMMV, of course. But to say "unacceptable" is definitely not true for me.

      But, it is a PITA.

    55. Re:France backs down? by ixache · · Score: 1
      Let's all remember that while we would normally blindly follow Apple's lead in this, it is a Free software issue as well as being an Apple (yay) vs France (boo) issue.

      Actually, the law in question ("Loi DAVSdI") is seriously lame, in that, trying to be all things to all people (IP-based corporations, consumers), it tries to do so in all the wrong places (forced interoperability, DMCA-like provisions).

      Xavier

      --
      Do I make sense? Please report if not.
    56. Re:France backs down? by Austerity+Empowers · · Score: 1

      I'm not sure why we're down on one of the few intelligent things that came out of France lately. Apple is in the wrong here...but I guess we like our pretty, overpriced boxes more than we like personal freedom.

    57. Re:France backs down? by jcr · · Score: 3, Informative

      Almost no one reads those 50 page EULAs, so there is no "mutual consideration" in that case, either!

      I see that you don't have a clue what mutual consideration is.

      Mutual consideration means that each party to a contract derives a benefit from the agreement. Without mutual consideration, there is no contract. When you buy a software license, your benefit is the use of the software, the seller's benefit is the payment you make for that license. Get the picture?

      Simply proclaiming "if you read this you owe me money" is not a contract.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    58. Re:France backs down? by Whiney+Mac+Fanboy · · Score: 1

      Well said sir!

      --
      There are shills on slashdot. Apparently, I'm one of them.
    59. Re:France backs down? by 2.7182 · · Score: 1, Flamebait

      OK, I'll give the people what they want:

      For sale sign: French, WW II era rifle, never used only dropped once.

    60. Re:France backs down? by Mister+Whirly · · Score: 2, Interesting

      "Acceptable" is a very loose term. Some people can't tell the difference between $50 cheap speakers and $4000 studio monitors... Does that mean that the sound is the same?? One of my friends can't tell the difference between 128k MP3 and an uncompressed WAV file - but I can. At a certain level (like 320k MP3) it becomes harder to differentiate - but the quality is not the same. Lossless will always be better (and a larger file) then lossy compression... Maybe as boradband connection become more widespread there will be more places to download uncompressed/lossless compression music -but only if there was a demand..

      you are right - it can be a PITA - but you didn't think they would make it so uncomplicated that the average Joe could do it easily, did you?

      --
      "But this one goes to 11!"
    61. Re:France backs down? by john83 · · Score: 1

      It doesn't seem to work that way. People are happy to accept vendor lockin until someone owns the market. Apple can make a very large profit using the same techniques they do now - good quality merchandise and a carefully managed brand image.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    62. Re:France backs down? by Anonymous Coward · · Score: 0

      They're doing it to placate the RIAA.

    63. Re:France backs down? by b17bmbr · · Score: 1

      What about Apple's right to make whatever they want?

      apparently you don't keep pace with current events or popular culture. the notion of individualism and freedom are as outmoded as a 14.4 modem. face it, people want big government to provide for them. we've no love anymore for freedom and liberty. in fact, people will willingly trade the former for any semblance of security. look at a decision like Kelo. there is no such thing as privte property anymore.

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    64. Re:France backs down? by squiggleslash · · Score: 1, Troll
      They're allowed to sell whatever they want. All that's being asked for is that they provide information about their products so that end users aren't screwed.

      I'm sure you get pissed about the "Ingredients" list on food too. But the rest of us aren't, we think disclosure is often a necessary part of avoiding a one-sided seller-buyer relationship.

      --
      You are not alone. This is not normal. None of this is normal.
    65. Re:France backs down? by pooly7 · · Score: 1

      It's really funny, I'm sure if it was a Microsoft product, you would scream and shout how evil they are... Could you listen the song from you iPod everywhere ?

    66. Re:France backs down? by Mister+Whirly · · Score: 1

      "Can you give me a good reason why I should ever need to burn it through iTunes more than once?"
      your burned CD breaks/melts/gets scratched/was burned improperly - i believe that's 4

      --
      "But this one goes to 11!"
    67. Re:France backs down? by Anonymous Coward · · Score: 0

      There is no monopoly, there are other choices. If you have an iPod and have a problem, sell it, convert your protected AAC to mp3 and buy another player.

      What the French consumer wants is to own the iPod and then tell Apple how to do business. Much better to withdraw from France.

    68. Re:France backs down? by squiggleslash · · Score: 1

      Why? Adobe is the only one of those companies that's actually had someone imprisoned for working on a program that interoperated with their products (albeit not a free software developer.)

      --
      You are not alone. This is not normal. None of this is normal.
    69. Re:France backs down? by voice_of_all_reason · · Score: 1

      Your example doesn't make sense. Once you sign the lease, that property is (temporarily) yours. Your right to be sovereign on your own property trumps whatever he made you sign. He can't very well require you to hide drugs in your apartment, can he? (just as illegal as owning livestock)

      And I'm pretty sure I didn't invent the right to property. In fact, it's mentioned in the fifth amendment. A corporation telling limiting you in the use of your property should be the same as them trying to take it from you entirely.

      Of course, the above is only my opinion. Hence my mention that courts haven't seen it the same way in regards to the liscence of digital property.

    70. Re:France backs down? by Mister+Whirly · · Score: 1

      Isn't Apple trying to buy Adobe?

      --
      "But this one goes to 11!"
    71. Re:France backs down? by geoffspear · · Score: 1

      Are you arguing that the apartment is no longer the landlord's personal property? How can a lease agreement expire, then? How can you be forced to pay rent to live on "your" property? The entire concept is based on the fact that the landlord can, in fact, give up his right to use his personal property (which, according to you, is such a fundamental right that no contract should be allowed to interfere with it) in exchange for consideration.

      --
      Don't blame me; I'm never given mod points.
    72. Re:France backs down? by statusbar · · Score: 1

      When you take an OO.org file and save it as .doc file and then open it with Word, formatting and bullets end up being wrong... Unless your document is something that could be rendered easily in textpad....

      --jeffk++

      --
      ipv6 is my vpn
    73. Re:France backs down? by statusbar · · Score: 2, Interesting

      The interesting thing here is that iTunes and iTunes store does not provide a 'legal' way for you to purchase and burn the 'party favour' songs. You can't purchase a song more than once!

      --jeffk++

      --
      ipv6 is my vpn
    74. Re:France backs down? by menacing_cheese · · Score: 1

      So what's your solution then? Should Apple be forced to support every other DRM format out there? The fact is the ipod happily plays regular unprotected mp3's. That there are no (or very few) online outlets legally selling unprotected music is not the fault of Apple. Its the fault of the record companies. Although to be perfectly honest I can't really blame them for trying to protect their product. That's just what companies do.

    75. Re:France backs down? by Shihar · · Score: 1

      I agree France's approach is wrong. However, I disagree with the "you know what you are getting" idea. The issue here is DRM. Apple is both the man selling you your car and the man at the pump.

      Imagine if Henry Ford was operating today in this day and age. He develops the first mass produced car and it is a big hit. Let's pretend that he also develops the first fuel service to fill said cars. Would it be okay if Ford cars could only run on Ford gas because Ford gas is spiked with a chemical that will prevent other cars from using it? I wouldn't be all that bothered by this, but lets follow this line of logic a little further.

      Anachronisms aside, now let's pretend that Chrysler sees the success of Ford and wants to build off of it. Ford owns the best gas stations, so Chrysler decides that instead of competing in both cars and fuel, it will only compete with cars. Chrysler decides to build cars that will run off of Ford gas and reverse engineers a Ford car to figure out how. Is this okay? The equivalent of this would be if someone reverse engineered an iPod to figure out how to get AAC files to run on any MP3 player.

      Throwing historical consistency to the wind, now perhaps Exxon decides it wants to compete in the fuel market. Most people use Ford cars that run Ford fuel. They can run other fuel, non-Ford fuel just doesn't run as well. Exxon realizes that it can't compete head to head, so Exxon offers an "all the gas you can guzzle" service at a flat rate using Ford fuel. Would it be okay if Exxon then decided make a Ford fuel equivalent and sell it to Ford users? This is like Napster making AAC files and selling their all you can eat service to iPod users (something they wish they could do).

      The issue here is that it is insane to declare that Apple has some god given right to prevent competition on its products. For some insane reason, with this digital age we have blindly accepted that a product made by corporation is forever that corporations property even after it is sold, and therefore they can dictate its use. This is simply wrong. This sort monopolistic practice should be stopped.

      Should Apple have to hand over how AAC files work? No. Should everyone and their dog be able to reverse engineer equivalents that will work on an iPod, you better believe it. The idea that only Apple can make a .AAC product for their iPod is as insane as declaring that only Ford can make fuel for Ford cars. That sort of insanity would never have been allowed in the past, so why do we allow it today?

      Once a corporation sells you its product, that product should be yours, period. If you want to tear it open, rewrite its software, or whatever, that should be your right. If another company decides it wants to release peripheries for your product, that should be their right. Apple should not be allowed to use a law that says you can not circumvent DRM as a shield to hold a monopoly over what can be put onto their products once their products are sold. Hell, Napster should be able to write a "patch" for the iPod that allows it to play WMA if that is what tickles their fancy. Once the iPod is no longer in an Apple warehouse and is sitting on my desktop, it should be mine to do with as I please, end of story.

    76. Re:France backs down? by Anonymous Coward · · Score: 0

      "France surrenders" is more of a fark cliche than a /. cliche. Oh, for the record, fark sucks.

    77. Re:France backs down? by bnenning · · Score: 1

      Without mutual consideration, there is no contract. When you buy a software license, your benefit is the use of the software, the seller's benefit is the payment you make for that license.

      I would argue that in most cases, there is no consideration because I already have the right to use the software via 17 USC 117. The publisher would counter that I'm not the "owner" because all I really bought is a "license", but I didn't buy a license from them, I bought an actual product from Best Buy or whoever. (See Softman v Adobe). Most EULAs claim to retroactively transform sales into licenses and give the user no benefit whatsoever, and as such they should be invalid.

      Yeah, I know this wouldn't hold up in court. I just don't see any reason why it shouldn't.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    78. Re:France backs down? by Anonymous Coward · · Score: 0

      Ok, I've been reading /. since the last millenium and this is the first time I nearly spewed my coke on the screen. Very funny, well done!

    79. Re:France backs down? by neoform · · Score: 1, Offtopic

      (not that it wasn't a funny joke but..)

      What's with all the France bashing?

      Doesn't anyone remember that the Statue of Liberty was actually a gift from France to the US? Why is their lack of involvement in the "War on Terror(tm)" reason enough to hate on them? Get over it.

      --
      MABASPLOOM!
    80. Re:France backs down? by Gulthek · · Score: 1

      If your ears are so sensitive to sound quality, you wouldn't be buying 128k AAC files from the iTunes Music Store anyway.

    81. Re:France backs down? by GundamFan · · Score: 1

      90% of the songs on my iPod are self ripped .mp3 files (I used WMP to do this before I had an iPod) and thye sound great to me. If a download service is providing a .mp3 product that is not as good as an iTunes product then I suggest using a diffrent service. You make several good points and I don't disagree with you that Apple's behavior is anti-competition and anti-consumer in some ways but there has to be some reason other than bully tactics to explain there sucess . Also that analogy is flawed, Fords(iPods) run on pup gas (.mp3) and "ford" gas (fairplay) wouls be more accurate.

      --
      I don't give a damn for a man that can only spell a word one way.
      Mark Twain
    82. Re:France backs down? by cayenne8 · · Score: 1
      "Thank you - exactly. Consumers' rights, anti-monopoly laws (interoperability does a lot to stop that kind of thing), etc"

      Well, it seems here, though....that all this really doesn't apply to the Apple iPod thing, IMHO. They do not have a monopoly...You can freely buy a number of other brands of mp3 players that will happily hook into other online stores, or like the iPod, you can easily rip your own CD's and use that as your listening media.

      No one force anyone to use the iTunes store...even for an iPod you aren't forced to do so. So, I'm not sure what the hoopla is over this. This is quite different from MS, which does have a monopolistic hold on the home OS market, and by bundling things and not having interoperability...well, it does make competition hard if not impossible.

      But, while Apple does very well with the iPod as a hardware device playing music....and that iTunes is hugely poplular as a sales tool....it hardly gives them a monopolistic hold on mp3 players. Most popular? Yes! Only choice out there..? No!

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    83. Re:France backs down? by 94229a · · Score: 1

      Converting from protected 128-bit AAC -> CD is lossless

      Then it is up to you what you do from there. If you rip the CD to AIFF, or ALE then the conversion is lossless. If you elect to convert to 64-bit MP3, it is lossy. Mind you, I'd like to think that the encoder included with iTunes is good enough that if you convert it to, say 256-bit AAC the degradation would not be noticeable -- even to you. (has anyone done tests?)

      Is it illegal? It certainly isn't against the licensing terms of the file your received. It is the recommended method for playing your files on music players other than iPods. It should fall under the category of fair use. I'd be very, very surprised if it was illegal.

      Waste of CD? You bet. Waste of time? Also true. For some segment of the population, they're willing to waste a CD and spend the extra time to have an unencumbered copy of their music.

    84. Re:France backs down? by cayenne8 · · Score: 2, Insightful
      "People are happy to accept vendor lockin until someone owns the market."

      Again...I don't understand what vendor lock in is involved here. No one forces you to use the iTunes store with the iPod. You can easily put musical and video content on the thing from other sources. Got CD's? Rip them and listen to them. You do have a choice here...hardly a monopoly on what content you can play on an iPod, nor any other player available out there for that matter.

      Plenty of source material out there for whatever player you want to use...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    85. Re:France backs down? by Shihar · · Score: 1

      Clearly the analogy is flawed, but the bigger issue is more the anti-competative hide-behind-the-DRM laws way that Apple operates. DRM is an irritation, but not something I think that should be made illegal. DRM is fine for throwing the minimal of road blocks in front of pirates. What irritates me is when DRM and DRM laws are combined to do something that has absolutely nothing to do with piracy.

      What Apple (and I don't mean to pick on Apple, many other companies do this too) is to throw in a bare minimum of DRM that reduces the functionality of the device to anyone but Apple. Normally this would not be a big deal because Napster or Rhapsody could, with a little effort, find ways to unlike what has been DRMed away. The issue is that the law prevents these companies (or individuals for that matter) from working around the DRM. This DRM is NOT preventing illegal activity. The DRM is preventing others from using the device. The DRM is there for the singular purpose of crippling the functionality of the device to anyone but Apple. Despite the fact that the DRM is there only to cripple functionality and NOT to prevent piracy, it gets piracy law protection.

      In essence, laws that say you can't temper with DRM have created a new law. That new law is that you can't tamper with devices that you own, even if piracy is in no way shape or form your intent. This is the same law that makes modding your X-Box, making your robot dog dance jazz, or using Napster with an iPod illegal. It isn't that modifying these devices is illegal and that companies have an inherent right of monopoly over everything they produce, it is that tampering with DRM is illegal. If you need to tamper with DRM in order to make any modification, that modification is illegal.

      I know we are supposed to have one big love fest for Apple these days, but I loath Apple. They use some of the most abusive and monopolistic tactics out there to retain domain over all of their products.

    86. Re:France backs down? by cayenne8 · · Score: 1
      "Free Software issue. People want to be able to read Word files, Protected Adobe PDFs, watch DVDs, listen to WMAs or Fairplayed AAC, etc etc etc."

      Well, that's the thing. The consumer needs to understand where their content comes from. Music and video are available in a number of formats. The same song can be had on DRM'ed formats such as WMA or Fairplayed AAC....or non DRM'ed formats...like a CD that you can buy and rip to play on any player you want in whatever format you want.

      While I see your point possibly on the document files...ones that may NOT be available in a free type format, I don't see this holding up with regards to music content. You CAN buy the content in non-DRM'ed formats for your player. If you choose to buy lossy formats from iTMS...well, they you know what you're getting for your money that way, so don't complain.

      You do have other choices....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    87. Re:France backs down? by cayenne8 · · Score: 1
      "I'm willing to bet that all the kiddies who have gone out and bought iPods and started buying music off iTunes don't realise or haven't considered the fact that the music they're now buying won't work with other portable music players which they may buy when iPods aren't "cool" anymore."

      What ever happened to personal responsibility? Caveot Emptor (sp?)...If someone is too much an idiot to do a little research on the capabilities (and frailties) of a $400 or so purchase...well, that's their fault.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    88. Re:France backs down? by hobbit · · Score: 1

      Apple doesn't allow people to convert iTunes music to any other formats or codecs, and doing so is probably against the law in most countries because it would be considered "circumventing copy protection".
      Don't let the facts stand in your way. What planet do you live on? On mine (Planet Earth), you can burn CDs from DRMed AACs in iTunes.
      --
      "Wise men talk because they have something to say; fools, because they have to say something" - Plato
    89. Re:France backs down? by cayenne8 · · Score: 1
      "When you take an OO.org file and save it as .doc file and then open it with Word, formatting and bullets end up being wrong... Unless your document is something that could be rendered easily in textpad...."

      Well, YMMV, but, I don't find that to be a problem. Especially with OO 2. I move some fairly complex documents back and forth between myself on my linux box with OO2, and others' the MS Word ...and they never seen to notice the difference...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    90. Re:France backs down? by cayenne8 · · Score: 1
      "Are you saying that the Apple iPod, which makes up over 80% of the MP3 player market and the *ONLY* legal online music service that it will work with (iTunes) don't represent a monopoly?"

      Yes, I'd say that precisely.

      The thing is...you don't have to use iTMS to get content to play on your iPod or any other mp3 player out there. You can very easily get other content to play on there. Remember buying a CD and ripping it to mp3 (or whatever format your player can use)?

      Yes, iPod has the greatest market share...just due to its popularity...but, there ARE other hardware choices out there.

      But, if you have the choice of what hardware you want to use.....and choices about what source you want your content from...it is hardly a monopoly.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    91. Re:France backs down? by Anonymous Coward · · Score: 0, Offtopic

      France lost 210,000 dead in 1940 fighting Germany and Italy; America lost 292,000 men during the entire war.

      Shame is on you

    92. Re:France backs down? by Moofie · · Score: 1

      Burn to CD. Rip to FLAC. There might be a loss in quality, but I'm sure it won't be dramatic.

      Or don't buy protected files. Whichever makes you happy.

      --
      Why yes, I AM a rocket scientist!
    93. Re:France backs down? by Anonymous Coward · · Score: 0

      The rifle joke, the simpsons quote, the french history in 10 defeats, The statue of liberty, Lafayette is not far I guess.
      The "what a socialist state" and sure, the french conspiracy against american interest.

      new beggining.

    94. Re:France backs down? by nuzak · · Score: 4, Interesting

      > Doesn't anyone remember that the Statue of Liberty was actually a gift from France to the US?

      Most of the French-bashers on the right wing are aren't terribly interested in helping out the tired or the poor, and are more interested in turning the rest of us into huddled masses yearning to breathe free. I don't think they give much of a damn about the statue or the ideals it stood for.

      --
      Done with slashdot, done with nerds, getting a life.
    95. Re:France backs down? by Moofie · · Score: 1

      "Tying the ipod to the Itunes store"

      Where is this tie? Seriously. I'm looking at my iPod right now...7000+ tracks, and a bare handful of them aren't MP3's.

      What tie? There is no tie.

      --
      Why yes, I AM a rocket scientist!
    96. Re:France backs down? by nuzak · · Score: 1

      Would it be okay if Ford cars could only run on Ford gas because Ford gas is spiked with a chemical that will prevent other cars from using it?

      What if my aunt had balls? She'd be my uncle.

      Computers are not cars, so please for the love of god just stop with the car analogies. Not just you personally, all of you posters out there

      --
      Done with slashdot, done with nerds, getting a life.
    97. Re:France backs down? by Moofie · · Score: 1

      I can listen in a house.
      I can listen with a mouse.
      I can listen eating cheese.
      I can listen wherever I please.

      I'm not sure what you're getting at...

      --
      Why yes, I AM a rocket scientist!
    98. Re:France backs down? by jcr · · Score: 1

      I know this wouldn't hold up in court.

      Exactly.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    99. Re:France backs down? by GundamFan · · Score: 1

      Hum... I don't disagree specificaly with your point, and I am very realistic about Apple Computers' intentions. My problem is that in all this "Let us copy Apple!" nonsense no one seems to be looking for the reasons why Apple's bussnes model is a sucess.

      Is there anyone here who has goten past anger or fanboyism long enough to realy think about the big question here:

      How is Apple so sucessfull with exspensive hardware, restrictive DRM and counter intuitive software?

      --
      I don't give a damn for a man that can only spell a word one way.
      Mark Twain
    100. Re:France backs down? by Arcane_Rhino · · Score: 1

      I don't know if it's just me, but something seems wrong about the government forcing a company to tailor a product to a specific need.

      It is actually about as close to a text-book definition of economic Fascism as you can get. The government controls the means and results of production which are held in private trust.

      It is not based on the same principles but its pragmatic result is the same (ie. totalitarianism). Consequently, it is generally accepted by most that fascism is an undesirable approach to state-individual (including corporate) interactions.

    101. Re:France backs down? by nmb3000 · · Score: 1

      Again...I don't understand what vendor lock in is involved here. No one forces you to use the iTunes store with the iPod.

      That's because this is about Apple, which is Good.

      No one forces you to use MSN search with IE7. Got another search engine? Use it. You do have a choice here. Hardly a monopoly on what search engine you use, or even what browser you use for that matter.

      See?

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    102. Re:France backs down? by LordVader717 · · Score: 1

      I don't want to back Apple here.

      But the quality you encode it to is the quality you will ultimately receive. As others have pointed out, CDs are lossless, so if you encode to 256 mp3, you should be on the safe side.

      And you can use rewritable CDs.

      As far as the legality goes, it's probably against one of those shitty EULAs, which are always a pain in the ass.

    103. Re:France backs down? by Swift2001 · · Score: 1

      What's more, multiple other online stores have roughly the same songs available, in formats that -- guess what -- don't work with the iPod. How come I don't kick because I can't use Napster? Well, because... I can get the same songs from iTunes, or from my CD collection. "Market leader" does not mean "monopoly." MS defenders seem to be unable to make this distinction. Remember all the people whining that splitting up MS would mean an end to "innovation"? They couldn't see the monopolism at work. Now they see monopolies when there is none. Thing is, I'd buy a lot more tunes online if you could get them without DRM, and if they made full CD quality available via bit-torrent. DRM is evil, though Apple woud never have been allowed to open the online store without it.

    104. Re:France backs down? by babbling · · Score: 1

      You could not update iTunes, and for most people that would work. New types of iPods generally need new versions of iTunes, though. So if you wanted to play your ITMS-purchased music on your new, upgraded iPod, you'd be forced into the "upgraded" iTunes, and forced into the change.

      To be fair, yes, the change was fairly trivial (to most users) in this case. The very fact that Apple is willing to modify the terms using the control they have over already-purchased music should be setting off alarm bells, though. First it's something trivial, then it's something a bit less trivial, and one day perhaps they will decide to make you pay an extra cent each time you listen to the song you've already purchased. What measures are in place to protect consumers from Apple attempting to make them pay extra (or implementing other undesirable changes retroactively) using the control that they have gained through their use of DRM?

      You say that this was "a trade", but it wasn't. "Trade" implies that both parties have agreed, but that wasn't the case. If Apple had made every iTunes pop up a small decision box saying "how would you like to be only able to burn X CDs but now share music onto Y computers?" and then not implement the change if the user declined, that would have been a fair trade.

      It is evil to sell a product and then switch it for a different one, regardless of whether the person you sold the original product to is willing to accept the swap. Whether the change is small or not, it is the principle of this that makes it evil.

    105. Re:France backs down? by 2.7182 · · Score: 1

      And how many Jews did they hand over to the Nazis ? Shame on them.

    106. Re:France backs down? by Ohreally_factor · · Score: 1

      It's a very tenuous lock-in, and it's not terribly hard to work around. If you buy songs on iTMS, you are locked in to buying an iPod if you want to play those songs on an digital music player. Yes, you can burn the DRMed songs onto a CD and re-rip them as mp3. That's the work around.

      However, because I've already invested over $400 in music from iTMS, I'm not even going to consider buying a player other than an iPod unless there is a compelling feature on a non-iPod player.

      Think of it as "soft" lock-in. If I really want to get out from under Apple, I can and I will. I can burn and re-rip, or, more likely, I can DL non-DRM encumbered copies of the same songs from a file sharing network.

      --
      It's not offtopic, dumbass. It's orthogonal.
    107. Re:France backs down? by gnasher719 · · Score: 1

      '' Are you saying that the Apple iPod, which makes up over 80% of the MP3 player market and the *ONLY* legal online music service that it will work with (iTunes) don't represent a monopoly?
      Name one other legal music service that will work with iPod.

      Name one other MP3 player that will play iTunes files besides the iPod. ''

      No, it is not a monopoly. High market share doesn't make it a monopoly. What would make it a monopoly would be if consumers are forced to use it because of the huge market share, or if entrance to the market would be difficult.

      The market share of iPod and the iTunes Music Store doesn't force a consumer to do anything. Music that you buy from any music store is exclusively for you. You cannot share it legally. Therefore it isn't any inconvenience for you if you cannot share it. If you think that a Creative MP3 player is better than an iPod, and Napster suits you better than the iTunes Music Store, you can go ahead and buy a Creative MP3 player and download music from Napster. It doesn't make any difference whatsoever whether your music player has 0.1%, 1.0%, 10 percent or 99 percent marketshare. You are free to choose whatever music player and music store you want.

      For the same reason, there is no problem with entering the market. Apple has two products that work together. But anybody can enter the market by opening a music store and creating MP3 players. The entry into the market is actually a lot easier than years ago when Apple started. There are companies that will provide you with ready-made MP3 players complete with DRM software, where you only need to add your company logo, the rest is already done for you, and there are plenty of online music stores that will cater for your player. Or you can open your own music store; you don't need to do all the complicated negotiations that Apple had to do; they did all the legwork to sort out all the copyright problems for you.

      Of course, making a product that is better than iPod + iTMS is a bit difficult. Apple doesn't make it difficult at all for you to compete; if they tried to stop you from competing, that would be illegal. But Apple makes it damned hard for you to beat them, and they are absolutely right to do that.

    108. Re:France backs down? by Ohreally_factor · · Score: 1

      I'm guessing he lives on Earth prime, where one can burn their iTMS purchased music onto a CD and re-rip into whatever format they'd like.

      There's another reason why the music cartel couldn't stand up to Apple on pricing. To do so, they would have needed to be united, but to unite would have opened them up to charges of price-fixing, something for which they are currently under investigation. They might risk their enormous profits for the chance of even more enormous profits and more control, but they were also risking at the least prolonged legal headaches, at worst major legal penalties.

      The cartel is going to die, but it's going to die very slowly. In the meantime, it will use whatever it can to prolong it's miserable life. Forcing Apple's hand would have shortened that life.

      --
      It's not offtopic, dumbass. It's orthogonal.
    109. Re:France backs down? by Ohreally_factor · · Score: 1

      I think you need to actually use the product and test it yourself if you're going to make pronouncements about whether the sound quality is acceptable or not. And maybe do a blind test, if you're intellectually honest. And I don't mean just burning a CD from mp3s and reripping. Not a fair comparison, since songs from iTunes Music Store are encoded into AAC from studio masters.

      Furthermore, how can it be considered "circumvention" if it is explicitly allowed? If it was disallowed, and, further, there was a mechanism in place to prevent re-ripping, then you might have a point. Oh, but I forgot. You've never actually used iTunes or the iTunes Music Store.

      If you're going to be an anti-DRM purist, fine. Just don't twist reality to fit your ideology.

      --
      It's not offtopic, dumbass. It's orthogonal.
    110. Re:France backs down? by cheesybagel · · Score: 1

      The Russians did most of the fighing anyway.

    111. Re:France backs down? by Anonymous Coward · · Score: 0

      As far as that person cares, yes, the speakers are the same and $4,000 on speakers is a waste of money. 'Sameness' is not absolute, its relative to the reference point of said person.

    112. Re:France backs down? by bjohnson · · Score: 1

      "Name one other legal music service that will work with iPod."

      MP3tunes.com
      Etunes.com

      Both offer MP3 downloads, work just fine with my iPod.

      Oddly enough, so do all my CD's...

      So if you buy an iPod you get your music from those sources. If you want some other MP3 Player, you go to all the other online music services, which offer largely the same catalogs that iTunes does.

    113. Re:France backs down? by cayenne8 · · Score: 2, Insightful
      "However, because I've already invested over $400 in music from iTMS, I'm not even going to consider buying a player other than an iPod unless there is a compelling feature on a non-iPod player."

      WHEW!! $400? That's quite a chunk of change. I just cannot see spending that much money on an inferior format (lossy) set of music. I'd much prefer to buy it in lossless format, rip it to a lower quality for my iPod or other portable...but, have the fullest version possible for home audio play.....and not be DRM'ed.

      I'm just curious, really...do you not have a good home audio system to listen on? Do you only listen to the iPod for music? I see it is a different mindset, and I'm honestly wondering about how someone would spend that much money on a song collection they know is not transferrable and of lower quality than other versions of that content that are available...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    114. Re:France backs down? by JulesLt · · Score: 1

      The problem is that it's not just about Apple, it's about the whole future of digital content. It just happens that acting now would hurt Apple more than anyone else. The French law itself is actually a DMCA style piece of law handing powers from consumers to companies. What people are getting upset over is an amendment to ensure that in 10,20,30 years time you will be able to legally transfer your files to devices that will actually play them. That might just mean you will be able to carry on using your iPod, should the content providers decide to stop playing with Apple (and you actually cared about what they produced), or Windows Media Centre win the video download market. Lest we forget, there is no LEGAL way for people to load bought DVD material onto their iPods. In some countries it's illegal to even rip your own CDs. In many places what you can do with a video recorder is quite heavily policed. It just so happens that currently, the laws are either un-enforcable or there are technical remedies. The next round of technology and laws is aimed at eliminating the technical remedies, at which point it ceases to be an abstract - you literally will NOT be able to keep a copy of something recorded off TV for longer than 2 weeks, you will obey exactly the rights you are given. (Although we all know what happens when you introduce prohibition)

      --
      'Capitalists of the world, unite! Oh ... you have' (League Against Tedium)
    115. Re:France backs down? by Ohreally_factor · · Score: 1

      It was a rough estimate I got from looking at my "purchased music" list in iTunes.

      Let me give you a better estimate:

      502 items in purchased music

      127 of those are actually TV shows/video clips, so

      375 actual songs from iTMS.

      Back to guessing: Maybe 20 of those songs are free download promotions.

      I've received in the neighborhood of $100 in iTunes gift cards. Just to put it into perspective. So I've spent $255 of cold hard cash, another $100 redeeming gift cards. $355. Still a lot of money! The first song I purchased on October 23rd, 2003. So, I've spent around $12/month (355/12, rounding up). That doesn't sound as bad.

      As to how it happened, just a little at a time. I mostly listen to music on my computer or my iPod. I've got a cheap one piece stereo unit in the living room and a boombox in the garage worshop, but I rarely play either.

      To put this into more perspective, I've probably spent between $1500 and $2000 going to shows in the past year. Again, this is a very rough estimate (based on what I claimed for my taxes), and included not only tickets, but drinks, food, band merchandise, etc. The shows range from seeing the White Stripes at the Greek Amphitheater, X at House of Blues, etc, to seeing unknown bands at my favorite local dive (Mr. T's Bowl, a former bowling alley turned into a club).

      This might also be why "lossy" codecs don't bother me too much. My hearing has been damaged from years and years of listening to loud music. When I realized that damage had occurred I began to take precautions, such as wearing foam earplugs to shows and when riding my motorcycle for long periods (wind noise at 60 mph can damage your hearing after a half hour), and not blasting my music at home. And I don't blast my iPod either.

      Just in case anyone reading this isn't aware, hearing loss can be cumulative and irreversible. You might not notice until it's too late. I'm not preaching, just sharing my experience on that one.

      --
      It's not offtopic, dumbass. It's orthogonal.
    116. Re:France backs down? by Shihar · · Score: 1

      How is Apple so sucessfull with exspensive hardware, restrictive DRM and counter intuitive software?

      Aesthetics, marketing, marketing, and more marketing. Apple is damn good at marketing. iPods are absolutely "cool" these days. iPods look good, as do their computers. Once they have good looking functional products, they do an awesome job marketing them.

      I am not saying that their products are inherently good or bad. The touch bad for the iPod was in fact was masterfully executed and their PC software is arguably very good. That said, other companies have come out with good interfaces and neat looking products before. What makes Apple so damn good is marketing. I don't mean marketing in the blitzing every TV station with the same fucking commercial marketing, I mean in the very broad sense of the word. They sell their product extremely well.

      My mother went out and bought an iPod for my younger brother. She didn't buy that iPod because he asked for it, nor because she knew that iPods were a good MP3 player. She bought my little brother an iPod because the marketing had worked. When my little brother asked for an MP3 player for Christmas, her technology illiterate brain stretched back to think what would make my little brother happy. When she thought about MP3 players, an iPod commercial, a blurb about iPods she had heard on Good Morning America, or the vision of a kid she had seen on the sidewalk with one of these sleek little devices popped into her head. She went into a best buy, told someone she wanted an iPod, the sales rep eyes lit up, and he quickly took her to the most expensive iPod and worked his way down through sticker shock to the one she finally agreed upon. Best Buy took a cut of the profits and Apple took theirs.

      Apple wins because of marketing. I can almost bet you that if you take marketing or business 10 years from now, you will read Apple's iPod as a case study.

    117. Re:France backs down? by epgandalf · · Score: 1

      Speaking of the Statue of Liberty, is it too late to give it back?

    118. Re:France backs down? by Skynyrd · · Score: 1

      What's with all the France bashing?

      Doesn't anyone remember that the Statue of Liberty was actually a gift from France to the US? Why is their lack of involvement in the "War on Terror(tm)" reason enough to hate on them? Get over it.


      They gave us a beautiful piece of art many, many years before I was born - so I don't really see it as relevant.

      Why do I hate the French? I spent the fall of '84 in Europe. I spent 4 months on trains and busses, staying in youth hostels, buying food at local markets, restaurants and cafes. I tried to learn as much of the local language and customs as possible. Every place I went (Germany, France, Spain, Portugal, Denmark, England, Scotland, Switzerland...) the people treated me with open arms and respect. The French were dicks. I had the same behavior in every country, and was treated like shit by the French while being welcomed by people everywhere else.

      I hate those jerkoffs for the way they treated me. I don't give a damn how they acted in this silly little war, but I'll never go back and spend a dime there. I'll pressure my politicians to not help them, and I'll try and convince people who travel to Europe to avoid France.

      Experience is the reason I hate and bash them.

    119. Re:France backs down? by wickedsun · · Score: 1

      Maybe, next time, you should travel with a canadian flag on your bags, eh?

    120. Re:France backs down? by elrous0 · · Score: 1
      It doesn't make any difference whatsoever whether your music player has 0.1%, 1.0%, 10 percent or 99 percent marketshare. You are free to choose whatever music player and music store you want.

      Just as you are free to buy any OS you want. You don't HAVE to buy Windows, you can buy a Mac or any number of flavors of Linux. So I guess MS isn't a monopoly either, huh?

      Or are you going to use some of that self-serving Mac fanboy logic on me to argue that MS is a greedy, evil company; while Apple is a philanthropy that just wants to make the world a better place?

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    121. Re:France backs down? by Lord+Flipper · · Score: 1
      "Acceptable" is a very loose term. Some people can't tell the difference between $50 cheap speakers and $4000 studio monitors..

      I see variations on this statement all the time, and you know what? That is unsupported myth. Period. I had a 40 thousand dollar stereo at home, back when I was doing honest, pro recording work, and in studios, at the time, even the most hammered artists easily knew the difference between reference monitors and the heavy artillery.

      The only human ears that would fail to hear the huge differences in articulation [meaning, in this sense, that two similar frequencies aren't 'merged' by crappiness into occupying the same sonic space] would belong to a head that heard "BOOM", and 'pssst' as the same thing. Not likely, pal.

      The iPod, by the way, as cheap as its components must be, has a pretty nice amp staging situation that allows a pure 10k signal in to be scoped as a pure 10k signal out. [no 'jitter', or 'wow and flutter' to the turntable crew]. That just slaughters most turntables and consumer-level CD playback setups. But hey, keep swallowing the myths, and eventually, who knows, maybe they'll come true. Don't hold yer breath, though.

    122. Re:France backs down? by gnasher719 · · Score: 1

      '' Just as you are free to buy any OS you want. You don't HAVE to buy Windows, you can buy a Mac or any number of flavors of Linux. So I guess MS isn't a monopoly either, huh?

      Or are you going to use some of that self-serving Mac fanboy logic on me to argue that MS is a greedy, evil company; while Apple is a philanthropy that just wants to make the world a better place? ''

      You didn't get it, right? If you are the only one out of 100 people having an MP3 player of brand X and buying from online store Y, and everyone else uses player A and buys from store B, the fact that you are the only one is of no disadvantage for you whatsoever. Even though store Y has a tiny market share, it has all the music available that the other store has. Even though your MP3 player has a tiny market share, no band in the world makes music that it cannot play. You can't swap music with the other 99 people, but those other 99 people will get a visit from the RIAA if they start swapping.

    123. Re:France backs down? by guet · · Score: 1

      When you buy a software license,

      Really, and what happens when you don't buy software, what happens when it's free and they proclaim 'if you read this you are not allowed to do x, y z' in a EULA that is so long no one could be reasonably expected to read it? I didn't realise iTunes was paid for.

      For the exact same reasons proclaiming 'if you read this you owe me money' is not a contract, an unread and unintelligible (for the customer) EULA is not a contract either. There's a reason contracts have to be signed in front of witnesses, and EULAs simply don't meet that kind of standard.

      By your argument a screensaver could have a EULA which said 'we will take over your computer and spam with it until your connection is cut off' and there would be nothing you could legally do about that. After all, you got the screensaver and the screensaver maker got a spam-bot. That's bullshit.

    124. Re:France backs down? by Pofy · · Score: 1

      >If Apple is in violation of a law, then let
      >them suffer the appropriate consequences. Which laws do you believe they
      >violate?

      They would, if the new law came into effect, violate that law. They might allready infringe on consumer sales laws, I really have no idea. I was commenting on this statment of yours:

      "You have no inherent right to anything which belongs to anyone else, nor any inherent right to decide on what terms they are allowed to provide it to you, should they so choose."

      To which I just informed you on that consumer sale laws typically limit and dissallow certain terms when you sell something.

      In addition, to that, after a sale is done, you no longer have ownership and thus no control any longer. If someone doesn't like that, they should stop selling and keep it for themselves.

      As for rights, they tend to comes from laws to begin with.

    125. Re:France backs down? by Pofy · · Score: 1

      >Well, it seems here, though....that all this really doesn't apply to the
      >Apple iPod thing, IMHO. They do not have a monopoly...You can freely buy a
      >number of other brands of mp3 players that will happily hook into other
      >online stores, or like the iPod, you can easily rip your own CD's and use
      >that as your listening media.

      The case is not really about monopoly but about locking in consumers and preventing them form using what they buy in whatever player they find suitable. What the law is really about is that if you DO want to add DRM stuff and lock player and such things so that the consumer is prevented from playing the music were he likes due to that, then you must provide the music (in this case), in vairious formats that fullfill that possibility of the consumer.

    126. Re:France backs down? by lp-habu · · Score: 1
      To which I just informed you on that consumer sale laws typically limit and dissallow certain terms when you sell something.
      Ah, but have you not read the EULA? Or are those illegal, too?

      The idea that rights come from laws is not generally accepted in this country, at least. Most people would be very reluctant to concede that they have rights only because they are granted them by laws.

    127. Re:France backs down? by Mister+Whirly · · Score: 1

      yes you are right. There isn't a single person on the planet that can't differentiate between high and low quality speakers. Not a single one on a planet of over 5 billion. That sounds pretty likely. But you keep believing your own myth... By the way, have you ever heard of say, oh someone with sound damaged hearing, who may not be able to tell the difference so well?? Oh, wait, that's right NOT ONE PERSON ANYWHERE could possibly be affected by this. Period.

      --
      "But this one goes to 11!"
    128. Re:France backs down? by Scudsucker · · Score: 1

      Without the ability to reverse engineer competing technologies and the ability to legally interface with these, everyone suffers.

      Not when the buy a cd, they don't. And there's your interoperability, to boot.

    129. Re:France backs down? by Pofy · · Score: 1

      >Ah, but have you not read the EULA? Or are those illegal, too?

      Depends on whats in them. An EULA does not override the law, it is the otherway arround, the law override the EULA. This is especially true for consumer related cases since those laws tend to specifically say just that, that you can't contract away the law and hence in such cases it is irellevant what the EULA says.

    130. Re:France backs down? by lp-habu · · Score: 1
      >Ah, but have you not read the EULA? Or are those illegal, too?

      Depends on whats in them.

      Yes, it does. Are you suggesting that Apple's EULAs are illegal? Or suggesting that they should be illegal? Or hoping that France will make them illegal in France? Could you be a little more specific about what you believe is the case, and what you believe should be the case, and your reasons for that belief?
    131. Re:France backs down? by yurnotsoeviltwin · · Score: 1

      You're right, people don't care about freedom anymore, and that's an unfortunate fact. But good ol' Ben put it best:

      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
      - Benjamin Franklin

    132. Re:France backs down? by b17bmbr · · Score: 1

      I think it's much deeper than that. It's not so much about giving up liberties, because if you look at society, there's few lacking of "freedom". It's something else I think far worse. It's not so much that we have lost freedom, but we've lost our spirit. We don't have the same drive, the acceptance of responsibility with opportunity. Once, we expected to work hard, now, we expect to get a high paying job, with little work, and climb the ladder immediately. We will not sully ourselves with manual labor or anything difficult. Our ethos is gone. That's what I fear most.

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  2. The Breakdown & The Irony by eldavojohn · · Score: 4, Insightful
    A breakdown in profits of the 99 cents per song from MacNN:
    "But figures from the US show that Apple, the dominant legal download business in Europe and the US, retains just 4 cents from each 99-cent (55p) track sale while 'mechanical copyright' holders - generally the record labels, who own copyright in the song's recording - take 62 cents or more. Music publishers take the rest - about 8 cents."
    I remember reading this article back in December of '05. In it, there is a little blurb of the same nature:
    But what price is "fair"? Apple says it is 99 cents a song. Of this, Apple gets a sliver--4 cents--while the music publishers snag 8 cents and the record companies pocket most of the rest. Even though record companies earn more per track from downloads than CD sales, industry execs have been pushing for more. One option is a tiered pricing model, with the most popular tunes selling for as much as $3. After all, the music honchos reason, people pay up to $3 for cell-phone ring tones, mere snippets of songs.
    I found that interesting. Executives that have nothing to do with the end product (probably haven't ever even picked up an instrument) are constantly arguing that they should be charging more and padding their pockets.

    Being a bass player, I'm concerned about what's left over for the musician. Very concerned.

    Weren't all the commercials and marketing schemes out there to make me feel guilty for the musician when I illegally share music? Perhaps they should have been showing me pictures of an executive in his Lexus ... unable to afford a Lamborghini Diablo becuase I was file sharing ... *runs to his room crying in shame*
    --
    My work here is dung.
    1. Re:The Breakdown & The Irony by ronanbear · · Score: 1
      62+8+4 = 74

      99-74 = 25

      Apple are estimated to profit 4 cent from each song but take more than that to cover their bandwidth and operating costs. The real irony is that the breakdowns don't add up.

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
    2. Re:The Breakdown & The Irony by Somatic · · Score: 1
      Well, Bruce Springsteen's drummer took on the rather grueling gig of being Conan O'Brien's drummer five nights a week.

      I don't have any hard numbers on what musicians get-- and contracts differ, of course-- but everything I've read agrees that it's pretty dismal for new musicians.

      --
      My script don't crash! She crashes, you crashed her!
    3. Re:The Breakdown & The Irony by Znork · · Score: 4, Insightful

      "Weren't all the commercials and marketing schemes out there to make me feel guilty"

      Copyright or other intellectual 'property' has never been for the artists and creators sake. The creators have merely been the excuse, once owning a printing press and being friendly with the crown was no longer considered reason enough to get a monopoly.

      Remember, copyright was created to protect publishers from cheap books, not to ensure payment to creative talent.

    4. Re:The Breakdown & The Irony by Anonymous Coward · · Score: 0

      Being a bass player, I'm concerned about what's left over for the musician. Very concerned.

      you should be and all other real musicians feel the same way as you. REcord contracts = indentured servitude. you get to live a glam-lifestyle trashing hotel rooms and renting 10,000 a night hookers all on credit. That concert in April? oh you paid for that on credit and then the record company TOOK their profits from the recipts on ticket and item sales but your butt paid for the concert so you owe the money while they get the profits.

      Most musicians are blinded by the spotlight and the glamour of dying of a drug overdose in a Ferarri going off a cliff while dating a supermodel and they do not see that the record companies own your soul and every piece of music you create. They pay you a pittance while extending huge loans to you to ensure that you will never ever be able to leave them.

      All the real artists I have met in this business agree on one point. Music sharing only helps, and those against it are only into music for getting rich and not the art or for creating music.

    5. Re:The Breakdown & The Irony by AviLazar · · Score: 1

      Perhaps they should have been showing me pictures of an executive in his Lexus ... unable to afford a Lamborghini Diablo becuase I was file sharing

      While I agree with your sentiment, that these execs are not treating many of their musicians properly (though some do get treated really well) I wouldnt use "his diablo" as a way to make your point. My name is not Robin Hood and i cannot justify stealing from the rich because they are rich. Especially when I am not giving it to the poor.

      Do I think the fatcats are jerks, yes - especially with their attempts at price gouging, do I think they are wrong because they own expensive houses/cars/etc - no.

      --

      I mod down so you can mod up. Your welcome.
    6. Re:The Breakdown & The Irony by VoxCombo · · Score: 1

      The musician is paid out of the record label and the publisher share (the article is a little misleading in this).

      Don't forget, musicians sell the copyright to their songs to a publisher in return for a royalty, and the copyright to the sound recording to the record label in return for a royalty.

      1. In a standard publishing deal, the songwriter gets 50% of the publishing (it's NEVER lower than this), and very often the songwriter share is higher if he is also the artist and doesn't need the publisher to really do any work (an administrative deal, in which the artist pockets around 85% of publishing).

      2. The artist gets paid out of the record label's share in the form of mechanical royalties. These vary wildly, depending on the artist's contract (which depends on how much clout the artist has).

      The figures are also misleading because teh 4 cent Apple figure is PROFIT, while the record label share they give is GROSS. After all the expenses that go into makign a record, and all the people that get paid out of that share, i doubt the record label profit is much higher than 4 cents

    7. Re:The Breakdown & The Irony by Anonymous Coward · · Score: 0

      Ok...good info!

      BUT - what about the article earlier this week, where Sony was deducting 20% for shipping and 15% for breakage on DOWNLOADS. Downloads they did not provide (such as iTunes), so there was NO EXPENSE on their part - "Well, it's a standard charge". Yeah, no doubt.

    8. Re:The Breakdown & The Irony by hackstraw · · Score: 1

      Being a bass player, I'm concerned about what's left over for the musician. Very concerned.

      I hate to break it to you, but odds are very much against you for sitting in a studio for a couple of weeks and making a lifetime's worth of pay.

      You have to a) be good, b) play live music, and c) be lucky.

      There are _tons_ of musicians that play 60-100+ shows a year. Its a lot of work. And most of those do not "make it big".

      As Jerry used to say, "Keep your day job, until your night job pays!".

    9. Re:The Breakdown & The Irony by VoxCombo · · Score: 1

      here's the deal with breakage and shipping:

      Back in the days of shellac 78 rpm records, breakage really was that high, and shipping really was that expensive. As technology progressed, shipping became less expensive, and new media (vinyl records, CDs) broke less. The deductions were left in simply out of standard practice. Here's why:

      Two record labels are offering contracts to an artist. Label A offers a contract with a 16% royalty, and hidden in the boilerplate (fine print) are a bunch of deductions, makign the effective royalty more like 11%. Label B offers a 14% royalty, but without the traditional boilerplate, making the actual royalty more like 13%. Label A's contract looks better at first glance, so labels are reluctant to take away the boilerplate for fear that they will not be able to compete.

      If I may draw a comparison, it's for the same reason that stores advertise their prices before tax, instead of with tax included. If one store decided to start advertising their prices with tax included, even if they noted that, their price would still appear higher.

      Is it a little deceptive, maybe........The fact is, it's standard, and every entertainment lawyer knows this, and figures it into the language of the contract when it's being written. So really, it's just a more complicated way to get to the same end

      Bottom line is this: if SONY is charging artists for shipping and breakage on digital downloads, then it's in the artist contract. My suggestion to the artist: get a better lawyer!

    10. Re:The Breakdown & The Irony by Pudusplat · · Score: 1

      Why is this moderated as a troll? No one is forcibly coerced into signing with a major recording label. They are providing a service: recording, distributing, marketing, providing legal services, etc. The end product is the music, and in many cases the label had just as much to do with the end product (and its distribution) as the artist did. Are the artists entitled to all of the profits derived from this product? If so, why?

      To put it another way: are programmers for EA entitled to all of the profits from Madden '06? They created the entire product, right? They didn't distribute it, get the contracts with the NFL, put down capital for the overhead, organize themselves and create this product with no guarantee of financial success... but... they created it, so they should get all the profits, right?

      It's silly to say that the artists deserve all of the money earned from their work, just because they are the most visible person on the scene. You think that the other people who have worked on, say, Britney Spears's albums as technicians, mixers, musicians, and backup singers put in just as much effort or more than Britney herself? Yet she earns more money (presumably) than the vast majority of them. Because she's the artist? She's getting the raw deal because the person who is in charge of the entire operation, the CEO, makes more money than her (which may or may not be true)? Give me a break.

      --
      "If you put butter and salt on it, it tastes like salty butter." -Terry Pratchet, on Popcorn.
    11. Re:The Breakdown & The Irony by Anonymous Coward · · Score: 0

      Straw man.

      The issue isn't that artists/programmers don't get all the profits, it's that they don't get enough of them. Something is very wrong with a system where all the risk is dumped on the creator, who is subsequently the last to get their maybe 5% of the profit. The recording industry in particular has _alot_ of middle men who do little, if anything, more than leech wealth off of the process.

    12. Re:The Breakdown & The Irony by shark72 · · Score: 1

      "I found that interesting. Executives that have nothing to do with the end product (probably haven't ever even picked up an instrument) are constantly arguing that they should be charging more and padding their pockets."

      I work in the computer peripheral industry. I've never designed a mouse or a speaker -- I don't even have an EE -- but I set pricing for those products.

      If you want to join a label run by artists, for artists, you can. There are tons of indie labels out there started by guys who've put in the long years working their craft. But ultimately, somebody's got to look after the bottom line.

      "Perhaps they should have been showing me pictures of an executive in his Lexus ... unable to afford a Lamborghini Diablo becuase I was file sharing"

      I haven't met many people in the record industry, but of those I have, none of them owned fancy cars, or would even be considered well off. The only "executive" I've met is a guy who ran his own label. He worked 80 hour days and had fewer than ten employees. When sales dropped, he had to lay off his friends.

      I'm sure that Larry Ellison, or whoever it is that's at the top of your particular niche in the tech industry, has several nice cars (I hear he's partial to NSXes, although that may have changed). But I don't think for a second that this represents the majority of people who work in the software industry, and it certainly doesn't justify software piracy to me. I understand that the folks at the top of any industry will have nice cars. That's just the way capitalism works in our society.

      If "some record executive out there owns a Diablo" provides you the moral rationale to share music, then great... go for it. But I think it would be more intellectually honest to acknowledge that you share music to save money.

      --
      Sitting in my day care, the art is decopainted.
    13. Re:The Breakdown & The Irony by shark72 · · Score: 1

      "They are providing a service: recording, distributing, marketing, providing legal services, etc. The end product is the music, and in many cases the label had just as much to do with the end product (and its distribution) as the artist did. Are the artists entitled to all of the profits derived from this product? If so, why?"

      A sentiment I see a lot around here is "I can't believe record companies get all that money! They contribute nothing! That's right, nothing!"

      In other words, for many Slashdotters, there is absolutely no difference between a completed CD and, say, a piece of paper with some lyrics on it.

      I think this is partially because when an engineer does their job well, or a marketing campaign is executed well, the engineer or the marketer is invisible. So, when you're listening to a song and sounds like the singer and musician are right there in the room with you, the ironic thing is that this "real" sound is likely due to a very good engineer with some very expensive equipment.

      And ultimately the record company isn't trying to sell you the engineers, marketers, salespeople, lawyers, backup singers, and office staff who all contributed to making the product what it is. They're trying to sell you the artist. Thus, it's very easy to forget how much work -- provided by people who do need to be paid -- goes into the final product.

      --
      Sitting in my day care, the art is decopainted.
    14. Re:The Breakdown & The Irony by Anonymous Coward · · Score: 0

      What's the difference between a bass player and a pizza?

      A pizza can feed a family of four

    15. Re:The Breakdown & The Irony by RosenSama · · Score: 1
      Being a bass player, I'm concerned about what's left over for the musician. Very concerned.
      Groupies! But as the bassist, you should still be concerned.
    16. Re:The Breakdown & The Irony by Loonacy · · Score: 1

      I don't think his point was that it's okay to steal from the rich. I think he was pointing out that it's wrong to say we're causing these poor artists to starve, when we're actually hurting (slightly) the execs.

    17. Re:The Breakdown & The Irony by AviLazar · · Score: 1

      I don't think his point was that it's okay to steal from the rich. I think he was pointing out that it's wrong to say we're causing these poor artists to starve, when we're actually hurting (slightly) the execs.

      Then he is wrong. Stealing, no matter how small and who it's from is still stealing. Music buying is not a necessity of life. There is plenty of free radio music, and free "public" music. Do I think these music moguls are jackassess, and do I believe they do a bit of price fixing? Yes and Yes. Is my life hurt because of this? No. I may buy a CD once or twice a year.

      --

      I mod down so you can mod up. Your welcome.
    18. Re:The Breakdown & The Irony by Loonacy · · Score: 1

      And again, you've missed the point. He wasn't saying anything about stealing being right or wrong at any time (arguments about copyright infringment and theft aside). He was saying the EXECS are in the wrong for claiming that the musicians are the ones being hurt by piracy when the execs are taking so much money for themselves.

    19. Re:The Breakdown & The Irony by AviLazar · · Score: 1

      I didn't miss the point. The artists are having some many taken, not as much as the record label (I won't get into an argument over the breakdown of cash). If i am a music artist, if people are taking one penny from me (and apparantly for each 99 cent song it is 6 pennies) I would be upset. Especially if you count it over hundreds of thousans/millions of songs.

      --

      I mod down so you can mod up. Your welcome.
    20. Re:The Breakdown & The Irony by Loonacy · · Score: 1

      Well if you're an artist who's upset about pennies, then you should be upset at the record execs. Instead of driving their shiny new sports car to their summer home, they could be driving their slightly older sports car to their slightly smaller summer home, and give you 1 cent more for each song.
      So, the point isn't that piracy is right, or that piracy doesn't hurt anyone, but this:
      Record execs saying pirates hurt the artists is like the pot calling the silverware black.

    21. Re:The Breakdown & The Irony by Scudsucker · · Score: 1

      Lawrence Lessig had a great article in Wired a while back, pointing out the fact that all the big content industries bitching about piracy today were in fact founded on piracy themselves. Aside from the nice weather, Hollywood rose in California to get away from Thomas Edison's film patents. The recording and radio industries were founded on taking advantage of then-copyright loopholes to screw musicians out of payment for their works.

      The reason the big content industries hate p2p isn't because it may be illegal or immoral, but because they aren't making money from it.

    22. Re:The Breakdown & The Irony by AviLazar · · Score: 1

      Well if you're an artist who's upset about pennies, then you should be upset at the record execs. Instead of driving their shiny new sports car to their summer home, they could be driving their slightly older sports car to their slightly smaller summer home, and give you 1 cent more for each song. So, the point isn't that piracy is right, or that piracy doesn't hurt anyone, but this: Record execs saying pirates hurt the artists is like the pot calling the silverware black.

      No that is wrong. First of all, music artists who get that shiney new deal are getting a sweet deal. Second of all, even if that deal was absoluate crap - they signed a contract. If a music artist doesn't like the deal the record label is offering, then don't sign the contract. That issue is between the specific music artist and record label. It has no basis for this argument.

      Record execs saying pirates hurt the artists is absolutely correct. Your analogy sucks. The record execs do not hurt the artists, the artists do not have to sign - they willingly sign. And you know what, I wouldn't mind getting a half million dollar deal even if it is a one-time offer.

      --

      I mod down so you can mod up. Your welcome.
  3. Half dupe by Anonymous Coward · · Score: 1, Insightful

    Apple settled the price thing a day earlier, on Monday, actually.

    http://apple.slashdot.org/article.pl?sid=06/05/01/ 2314248

  4. Apple continues to rip off the UK by Anonymous Coward · · Score: 3, Interesting

    apple still get to rip off the uk

    99 cents 79 pence

    we should be paying 55p a track in the uk.

    1. Re:Apple continues to rip off the UK by oudzeeman · · Score: 4, Informative

      I pay a state sales tax on the 99 cent track (it still only comes out to something around $1.04), but your VAT that is included in your price, is more than 5%).

    2. Re:Apple continues to rip off the UK by Xuranova · · Score: 2, Insightful

      Rip off? Nah. You all are paying what you are willing to pay. That's the price you pay when you want your currency to be worth more than the dollar. :)

      --
      "There is no real right or wrong, just what the majority accepts at the time."
    3. Re:Apple continues to rip off the UK by Anonymous Coward · · Score: 0

      even accounting for VAT

      0.55(99 cents) + 17.5% = 0.65 pence per track in the uk

      still ripping us off.

      The music/tv industry has been doing this kinda thing for years (region locked dvds another example) no wonder everyone illegal downloads over here are so popular...

    4. Re:Apple continues to rip off the UK by cheese-cube · · Score: 0

      In Australia it's $1.69 a track, so I don't want to hear any of your bitching.

    5. Re:Apple continues to rip off the UK by Guppy06 · · Score: 1

      It's called "VAT."

    6. Re:Apple continues to rip off the UK by Anonymous Coward · · Score: 0

      So surely we should be paying (55 x 1.175) = 65p?

    7. Re:Apple continues to rip off the UK by kinnell · · Score: 1

      In Germany, much like other european countries, they charge 99 cents (=69p), and the sales tax is 18.5% ISTR, so we are still paying ~10p more per track. I wouldn't blame Apple, though - most companies charge more in the UK for the simple reason that people will pay more.

      --
      If I seem short sighted, it is because I stand on the shoulders of midgets
    8. Re:Apple continues to rip off the UK by Anonymous Coward · · Score: 0

      I dont know, but it is concievably possible that, in addition to the VAT, hosting costs and such are more expensive in europe. I also have no idea about *corporate taxes* in England et al. Those factors may drive the price up...

    9. Re:Apple continues to rip off the UK by Anonymous Coward · · Score: 0

      Go to the Macromedia site for the US, check the price for an upgrade of Dreamweaver (USD 199).

      Go to the European site. Check the price for the same product. It will be EUR 239.

      WTF

  5. Aside from the troll clichés and all... by Scrameustache · · Score: 5, Insightful

    France has a long history of industrial protectionism. Their entire televesion system was designed to be different from everyone else's to promote their local industry.

    So, as much as I dislike DRM, I think theirs was just such a move.

    --

    You can't take the sky from me...

    1. Re:Aside from the troll clichés and all... by Joel+from+Sydney · · Score: 1
      Their entire televesion system was designed to be different from everyone else's to promote their local industry.
      Good old SECAM! Apparently it stands for "Something Essentially Contrary to the American Method".
    2. Re:Aside from the troll clichés and all... by Fozzyuw · · Score: 1

      Not really related to the original post but about French TV. My girlfriend (who's French) was recently on big network TV show in France called "La Cibel" (the target). It's several contestants who battle it out with tough themed questions.

      She made it to the final round but lost. As it turns out, public stations like our CBS, NBC, ABC have crap for financing gifts. The final prize? Something like $5,000 for answering 10 factorial questions in like 2 minutes. She ended up with a boat rental for a week on the French Riviera, but had to pay for the gas. =P

      Then I sit at home, turn on "Deal or No Deal" and see people getting 6 figure offers... for randomly opening suit cases. I sometimes think there's something missing in the world... then I log online and try to win the golden suitcase contest worth $10k. =P

      Of course, the French also have laws on how much American music can be played on the radio every day. Though, I tend to hear more British than American music over there. It's a nice change of pace if you ask me.

      --
      "The past was erased, the erasure was forgotten, the lie became truth." ~1984 George Orwell
    3. Re:Aside from the troll clichés and all... by Anne+Honime · · Score: 1
      Good old SECAM! Apparently it stands for "Something Essentially Contrary to the American Method".

      Because NTSC stands for "never twice the same color", that's why.

    4. Re:Aside from the troll clichés and all... by StressedEd · · Score: 1

      Obligatory PAL - "Picture Always Lousy".... Any others?

      --
      Be nice to people on the way up. You will meet them again on your way down!
    5. Re:Aside from the troll clichés and all... by ixache · · Score: 1
      Of course, the French also have laws on how much American music can be played on the radio every day. Though, I tend to hear more British than American music over there. It's a nice change of pace if you ask me.

      Juste to correct you: the law makes an obligation to air at least 40% of songs with lyrics in French or any regional language practiced in France (breton, occitan, catalan, franco-provençal, alsacien, corse, etc.), with 50% of it dedicated to new talents. Stations can also opt for a few different formats if they dedicated themselves to oldies (60%/10%) or specifically new talents (35%/10%). So there is nothing specifically directed against American music, and for example there are now a lot of singers from Québec who are quite successful.

      Xavier

      --
      Do I make sense? Please report if not.
    6. Re:Aside from the troll clichés and all... by Anonymous Coward · · Score: 1, Funny

      The final prize? Something like $5,000 for answering 10 factorial questions in like 2 minutes.

      She answered 3628800 questions is 2 minutes? Damn, that is impressive.

    7. Re:Aside from the troll clichés and all... by Anonymous Coward · · Score: 0

      Damn, that was funny as hell.

    8. Re:Aside from the troll clichés and all... by Luscious868 · · Score: 1

      The grandparent never mentioned the US. Touchy, are we?

    9. Re:Aside from the troll clichés and all... by xoyoyo · · Score: 1

      Touchy? Touché!

      Perhaps what I should have said is that everybody practises protectionism, and here are some examples from a supposedly free market country.

  6. Cool! by irn_bru · · Score: 5, Funny

    Can we get Apple to deal with Iran as well...?

    1. Re:Cool! by babbling · · Score: 1, Troll

      No. They're on the same side. Apple won't disarm their DRM systems.

    2. Re:Cool! by 2nd+Post! · · Score: 1

      Except for the fact that you can burn CDs of DRMed products, rendering the DRM null and void.

      Burning to CD is also a lossless endeavor.

    3. Re:Cool! by babbling · · Score: 1

      Not null and void. There is a loss in quality whenever you encode something.

    4. Re:Cool! by AnalystX · · Score: 1

      I think the point was that burning to CD was lossless, not RE-ENCODING after burning to CD. If you have a problem with the initial encoding, then you should just buy CDs and stop complaining about DRM.

  7. Er, you forget we pay VAT by Anonymous Coward · · Score: 0

    in the UK at 17.5 percent which is included in the 79p. The difference is nowhere near as extreme as you make out.

  8. Say It From France by zorgaliscious · · Score: 0, Flamebait

    I wonder if Apple can deal with all the Poodles in Paris as well and their poop... ugh.. its a mine field in this city! If you want to share some Frenchly Annoying to anyone, you should check out www.sayitfromfrance.com quite funny! And you can share some poodle cards with friends (or enemies) :-)

    1. Re:Say It From France by federico1973 · · Score: 1

      France... the other country of... Of... Of what exactly?

  9. Apple=1 vs. Consumers=0 by Anonymous Coward · · Score: 4, Interesting

    I know that it isn't fashionable to not cheer on /. when Apple wins something, but in this case they clearly won against consumer rights, so maybe, just maybe, this time around we shouldn't cheer for Apple.

    For a very good overview about the subject and a much better article than the one in the /. blurb, head over to arstechnica:
    http://arstechnica.com/news.ars/post/20060501-6715 .html

    "The legislation in question originally contained consumer-friendly provisions that would force technology companies to make their DRM schemes interoperable. This would have a potent effect on the dominance of Apple and iTunes, of course, since the Cupertino company has so far proved unwilling to license its Fairplay technology to anyone else. The non-interoperable nature of Fairplay has been crucial to the success of Apple's online music store, which has leveraged the popularity of the iPod to become the biggest seller of digital downloads on the Internet. ...
            * Previously, "information needed for interoperability" covered "technical documentation and programming interfaces needed to obtain a copy in an open standard of the copyrighted work, along with its legal information." Now this has been changed to "technical documentation and programming interfaces needed to obtain a protected copy of a copyrighted work." But a "protected" version of the work can't be played back in a different player, which means interoperability won't be attained with this clause.
            * Previously, the only condition for receiving information needed for interoperability was to meet the cost of logistics of delivering the information. Now, anyone wanting to build a player will have to take a license on "reasonable and non discriminatory conditions, and an appropriate fee." When using information attained under such a license, you will have to "respect the efficiency and integrity of the technical measure."
            * DRM publishers can demand the retraction of publication of the source-code for interoperable, independent software, if it can prove that the source-code is "harmful to the security and the efficiency of the DRM."

    1. Re:Apple=1 vs. Consumers=0 by Midnight+Thunder · · Score: 1

      The big problem is DRM and the fact the records companies require it. Apple or other online retailers can't simply give it up, without losing their license to distribute. Apple has taken advantage of something that the record companies have imposed. The people capable of cleaning up this mess are the ones who created it in the first place.

      --
      Jumpstart the tartan drive.
    2. Re:Apple=1 vs. Consumers=0 by ToastyKen · · Score: 1

      "I know that it isn't fashionable to not cheer on /. when Apple wins something"

      Man, you haven't been around here long, have you? Why, back in the day, /. would be full of venomous trolls every time Apple was mentioned. :)

    3. Re:Apple=1 vs. Consumers=0 by Anonymous Coward · · Score: 0

      Oh, the Record Companies would love to have interoperation with Apple-DRM. Sorry, you can pin this on them, it's all Apple.

  10. only need one word by falcon5768 · · Score: 2, Funny

    Jobs: *hands fold together in front of him* Excellent...

    --

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

    1. Re:only need one word by mgblst · · Score: 1

      Jobs is more like the guy who played the boss of Globex corporation in the Simpsons. All round good guy, who happens to be evil. And wears turtleneck sweaters. http://en.wikipedia.org/wiki/You_Only_Move_Twice

  11. One good, one bad... by argent · · Score: 1

    99c ... good, the record companies don't get their foot in the door to use price to play games with popularity.

    Franch law ... bad, instead of being a law that would have been a small wall aaginst the rising tide of DRM, it's become part of that flood.

    Not everything that's good for APple is good for Apple's customers.

  12. France falls! by Anonymous Coward · · Score: 0, Flamebait

    So how is this news again?

    This isn't the first time, nor likely the last.

  13. This is not a victory for the consumer by Anonymous Coward · · Score: 0

    This may be great for apple. Yah. Rah. W00t.

    But I don't see how any kind of DRM lock-in is a win for the consumer. Even from lovable, fluffy, Apple.

  14. So to sum it up... by GundamFan · · Score: 3, Funny

    Apple = Closed restrictive standard. France = Forced interoprability. (good for us bad for apple) Music companys = Greedy. Apple = defending there price point. (seen by many as "defending the consumers") Um.. is slashdot trying to blow up fanboys' heads by putting this in one story? If so good.

    --
    I don't give a damn for a man that can only spell a word one way.
    Mark Twain
  15. Truth, Justice and the Apple Way by Anonymous Coward · · Score: 0

    I for one welcome the victories of Apple. Perhaps now the fruity one will help us prevail in our long struggle against the EVIL Gatesballmonstermicrosoft!! Down with tyranny!! Jobs will be our V FOR VENDETTA!! REMEMBER REMEMBER THE 3rd OF MAY!

    But seriously, Apple's ethics are far and away better than most American corporations. Bushy et al should be proud that Apple is on the case and PUNISH that nasty bedwetter Gates and company. Nasty leetle Microserfs.

  16. HYPOCRISY!! by Anonymous Coward · · Score: 0

    Any Apple fanboy defending the company's refusal to open its format is a hypocrite. They are the same people that bitch about Microsoft keeping their Office documents closed. The biased on this site has become nausiating.

  17. The part of the deal that they didn't mention by Anonymous Coward · · Score: 0

    was that in return for France's cooperation, Apple is changing it's name to Pomme.

    1. Re:The part of the deal that they didn't mention by ronanbear · · Score: 1

      They might have to anyway if Apple vs. Apple works out badly

      --
      the more they over-think the plumbing the easier it is to stop up the pipe
  18. Add This Defeat to the Military History of France by Anonymous Coward · · Score: 2, Funny

    Gallic Wars: Lost. In a war whose ending foreshadows the next 2000 years of French history, France is conquered by of all things, an Italian.

    Hundred Years War: Mostly lost, saved at last by a female schizophrenic who inadvertently creates The First Rule of French Warfare - "France's armies are victorious only when not led by a Frenchmen."

    Italian Wars: Lost. France becomes the first and only country ever to lose two wars when fighting Italians.

    Wars of Religion: France goes 0-5-4 against the Huguenots.

    Thirty Years' War: France is technically not a participant, but manages to get invaded anyway. Claims a tie on the basis that eventually the other participants started ignoring her.

    War of Devolution: Tied; Frenchmen take to wearing red flowerpots as chapeaux.

    The Dutch War: Tied.

    War of the Augsburg League/King William's War/French and Indian War: Lost, but claimed as a tie. Deluded Frogophiles the world over label the period as the height of French Military Power.

    War of the Spanish Succession: Lost. The War also gave the French their first taste of a Marlborough, which they have loved ever since.

    American Revolution: In a move that will become quite familiar to future Americans, France claims a win even though the English colonists saw far more action. This is later known as "de Gaulle Syndrome", and leads to the Second Rule of French Warfare: "France only wins when America does most of the fighting".

    French Revolution: Won, primarily due to the fact that the opponent was also French.

    The Napoleonic Wars: Lost. Temporary victories (remember the First Rule!) due to leadership of a Corsican, who ended up being no match for a British footwear designer.

    The Franco-Prussian War: Lost. Germany first plays the role of drunk Frat boy to France's ugly girl home alone on a Saturday night.

    WWI: Tied and on the way to losing, France is saved by the United States. Thousands of French women find out what it's like not only to sleep with a winner, but one who doesn't call her "Fraulein." Sadly, widespread use of condoms by American forces forestalls any improvement in the French bloodline.

    WWII: Lost. Conquered French liberated by the United States and Britain just as they finish learning the Horst Wessel Song.

    War in Indochina: Lost. French forces plead sickness, take to bed with Dien Bien Flu.

    Algerian Rebellion: Lost. Loss marks the first defeat of a Western army by a Non-Turkic Muslim force since the Crusades, and produces the First Rule of Muslim Warfare -"We can always beat the French." This rule is identical to the First Rules of the Italians, Russians, Germans, English, Dutch, Spanish, Vietnamese, and Eskimos.

    War on Terrorism: France, keeping in mind its recent history, surrenders to Germans and Muslims just to be safe.

  19. Re:France surrenders? by i_want_you_to_throw_ · · Score: 1

    Oops,..make that Groundkeeper Willie (source: Wikipedia)

  20. Re:So by Anonymous Coward · · Score: 0

    US version of DOOM 3 is much better but I never managed to finish the "Iraq" level. Had to enter the Dick code to play "Iran".

  21. Now I'm mad!! by babbling · · Score: 1

    Everyone pirate Alizee music videos so that they have more money for tissues!

  22. Digital Music News' - Resinkoff on Apple by bodland · · Score: 2, Informative

    http://www.digitalmusicnews.com/Digital Music News

    Paul Resinkoff has a very good commentary on Apple's negotiations.

    Snip:
    Looking through the business lens of Apple, any other result would be foolish. Apple is ultra-protective of its consumer, and that approach has resulted in rich dividends. The major labels, on the other hand, have a highly contentious and acrimonious relationship with many music fans and artists. Sure, generalizations can be dangerous, though the characterizations are not too far off. And why would Apple want to take cues from the labels, who have alienated a large number of buyers while stumbling in the digital transition? Jobs feels strongly that a uniform price point is the path towards customer satisfaction, and nothing is going to disrupt the sacred iPod+iTunes cow. Certainly not the labels, especially following waves of consumer adulation and affirmation for the Apple digital strategy.

    I read this guys site on a regular basis. Always a good source of interesting news and commentary on Digital Music...as for my take. In the end, until then Labels stop acting like they are the reason music exists and become more of a service for artists they will continue thier slow death spiral. The music and artists will always be there so will the fans. Do we really need a label to make that connection anymore? $.99 dowloads across the board is perfect in my books. And an advantage for the independant artist and small labels that service them. Higher percentage of that $.99 goes directly to the artist. That is why the labels want special treatment. To differentiate themselves from independents. Why would an established artist release to a major and get $.02 of that $0.99 as opposed to $.72? That is the real danger labels see in the future, that they will be become a disadvantage to the artist. Though right now major labels still have huge marketing budgets and "star" making power.

    But that is changing.

    Watch...I will connect you directly with artists from SE Wisconsin, all on or soon to be on iTunes, no major label needed and this alone will generate a few sales for the following bands:

    Soul Amp (mine) http://soul-amp.com/
    The Dammitheads http://ourdamnwebsite.com/
    Hayward Williams http://haywardwilliams.com/

    Hayward is not on iTunes yet but is slated to be soon.

  23. Re:Add This Defeat to the Military History of Fran by xoyoyo · · Score: 1

    "War on Terrorism: France, keeping in mind its recent history, surrenders to Germans and Muslims just to be safe."

    Germans? GERMANS? That'd be the dread Das Qaeda at work again, presumably. And as for surrendering to Muslims, that would a> presuppose that the french were actually at war with an entire religion and b> hadn't actually recently enacted laws that those of us who are Shoulder-to-Shoulder with the great Satan daren't for fear of offending our muslim population (cf, hijabs)

  24. Uter is not impressed by FryingDutchman · · Score: 1

    "Ja, eez dat s'posed to be hard or somezing? Vee defeated zem in like 20 minutes wiz pillows unt a squirting gun"

    But seriously folks, we shouldn't be celebrating Apple's win over anyone who wants interoperability. No wonder Apple wants to see the headlines lumped together with the RIAA. Like "Captain America foils evil plot by Dr. Doom [then punches the retarded 10-year old next door]".

    Not cool, Jorbs, not cool...

  25. Is it really that surprising? by the.o.ster.66 · · Score: 1

    Just google "french military victories" and "feel lucky"...

    1. Re:Is it really that surprising? by Anonymous Coward · · Score: 0

      Or if you're interested in a less factually challenged overview, try this military history geek's column: http://www.exile.ru/2003-October-02/war_nerd.html

  26. BLASHPHEMY! by Megaweapon · · Score: 1, Funny

    That kind of anti-Apple talk won't play well around these parts. No matter how right you are.

    --
    I'm sure "SlashdotMedia" will improve on all the wonders that Dice Holdings blessed us all with
  27. I'm getting sick of techies confusing the RIAA... by Anonymous Coward · · Score: 1, Insightful
    Apple didn't defeat the RIAA. They didn't even talk to the RIAA. Tech enthusiasts (normally very bright people) have their heads so far up their asses because we all hate what the RIAA is doing to music downlaoders, that any fight that pits someone against a record label is deemed a fight against the RIAA

    Let me be clear: Apple negotiated with record labels, not the RIAA

    Saying Apple beat the RIAA is like saying a prosecuter beat the NRA when it convicted someone of possessing an illegal firearm.

    We so want a digital music boogey man, we give the RIAA far too much power and credit for things it has nothing to do with. Look, I don't like them anymore than anyone else here, but understand something, the RIAA doesn't negotiate record deals. They don't sign artists, they don't set the prices of music. They earn their money by colelcting fees from record companies, not selling music.

  28. State piracy? by grumbler · · Score: 1

    Even though Apple now seems fasionable around this parts (theres no day that at least post doesn't appear about Apple, and i really don't see the point of having posts about new Apple comercials) one thing that seems to be missing is how Apple likes to control what their user base does.

    Granted, Mac OSX can be called a real operating system (instead of a glorified window manager like it was in past), and it is even better than Windows (well, that part isn't really that hard to accomplish is it? :-) ). I would even go as far to say that Mac OSX is easier to use then Linux (or other Free Software OS) by the regular user.

    Nevertheless this issue with France made clear that Apple doesn't want their products to be used with other products. They go as far as easing interoparability of their systems with other products, but not the other way around. Even accepting the argument that their products give you more freedom of use because you don't loose time configuring a lot of things or trying to understand how they work, this is as long as you work with their products as Apple intended them to be used (and this can even change along time, as the EULA of the iTunes Music store clearly states).

    And i find the argument of "stated promoted piracy" laughable, to say the least. I would love to see someone from Apple saying with a straight face that all the iPods out there only carry "legally purchased music"...

    1. Re:State piracy? by Jerry+Rivers · · Score: 1

      "I would love to see someone from Apple saying with a straight face that all the iPods out there only carry "legally purchased music"..."

      Why would they say something that isn't true, never has been, and has never intended to be?

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
  29. You said bias ? by Yvanhoe · · Score: 1

    the rights of companies that don't wish to share their technology with competitors.

    We are talking about proprietary formats here, remember ?
    What is next ? "Apple's right to own software patents ?"
    Plus, the French law has been changed in senate. It now no longer requires interoperability, which was the only GOOD thing this pack of law had (from a OSS point of view)

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  30. Apple has done nothing Illegal? by RossumsChild · · Score: 1

    Well, I suppose Apple hasn't broken the law. . . Unless you count breaking a legal agreement with Apple Corps. Thrice.

  31. misleading by VoxCombo · · Score: 2, Insightful

    The 4 cent Apple figure is PROFIT, while the record label share they give is GROSS. After all the expenses that go into making a record, and all the people that get paid out of that share, i doubt the record label profit is much higher than 4 cents.

    Geez, I never thought I'd see a misleading article attacking record labels on Sladshdot...............

    1. Re:misleading by nagora · · Score: 1
      After all the expenses that go into making a record, and all the people that get paid out of that share, i doubt the record label profit is much higher than 4 cents.

      The savings in packaging and distribution costs (after bandwidth) for the record companies - which they pocketed rather than pass to the customer or the artist - amount to more than 4c on their own. That was the purpose of DRM: to allow the labels control to fix the prices when a free market would have forced them down as the savings of the model allowed room for competition at the retail end.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    2. Re:misleading by VoxCombo · · Score: 1

      whoops, I menat to reply to a different parent, so my article sound a little out-of-context. Anyway......

      There is no savings for packaging and distribution.

      Labels make 62 cents per download, or $6.20 per $10 album.

      Record labels sell CDs wholesale for approx $10.25.

      Trust me when I say packaging and distribution costs are way way less than $4 per CD, therefore, margins are much lower for the record labels on digital downloads when compared to CDs. It's actually a quite common misconception. People are often surprised how low the per-unit costs of a CD are, and how high the fixed costs of production and marketing are.

  32. Re:Who hasn't defeated France? by Anonymous Coward · · Score: 0

    "Who hasn't defeated France?"

    That would be the British, when the French were helping us fight for our freedom fuckface.

  33. Had the situation gone differently by Seta · · Score: 1

    Jobs: "The french aren't backing down?"
    Secretary: "No, Mr. Jobs."
    Jobs: "Release the hounds."
    *insert image of rabid, leashed lawyers snarling and running on all fours towards a jumbo jet labeled "Air France"*

  34. How does this effect Microsoft? by nberardi · · Score: 1

    How does this effect Microsoft in the EU rulings, because if I remember right, France was a big pusher for Microsoft to open it's technology.

  35. The RIAA wasn't defeated by Anonymous Coward · · Score: 0

    the songs still cost $1.00 each, not $0.09 each.

  36. Wouldn't it be more appropriate to say... by palndron · · Score: 0

    That France Surrenders?

    --
    a man, a plan, a canal, panama
  37. Re:Add This Defeat to the Military History of Fran by Anonymous Coward · · Score: 0, Interesting

    war against Vietnam:Lost
    war against Iraq: Lost (twice)
    war on poverty:Lost
    war on drugs:Lost
    war on terror:Lost
    In less than 60 years... lol
    BTW, during WWII USA didn't came to France to help the french but to protect themself from : 1) the Nazis 2) the Communists... This makes a subtle difference. ;-)

  38. Re:Add This Defeat to the Military History of Fran by Anonymous Coward · · Score: 0

    War in Indochina

    So how did the American master-race get on in Indochina?

    All this whining just because they said no to your Iraq
    adventure -- perhaps you imperialist wankers should listen
    to them more often

  39. Re:Add This Defeat to the Military History of Fran by Lakedemon · · Score: 3, Interesting

    Wow...you seem to have a quite weird/twisted view of european history...

    > French Revolution: Won, primarily due to the fact that the opponent was also French.

    I actually found this line funny...but....hey, I'm french ! :D

    As a lover of ancient times, I will use this opportunity to greet our nice and friendly italian neighbours (that were a little abused in this topic), whose history I really admire (the roman republic/empire, it's 1000 years of history, it's impact on modern society).

    I send greetings to some our other friends in europe : the germans (you rock !, it has been a happy ride togther these past 50 years in the EU) and the citizens of the united kingdoms (well, it hasn't really been as happy a ride together in the EU...but...you know what, we love you all the same...you have your good points too ;))

    Mmmmh...looks like we lost a lot of war in the past....mmmhh...

    Oh well, whatever...sometimes losing is better than winning :D
    Though I have great respect for napoleon's genius (among all the things he did, quite a few of 'em were done right),
    I'm actually happy that he lost in the end and that the European countries aren't anymore under a french hegemony (can you imagine the whole europe having to eat smelly cheese, eat frogs and snails ? )

    Same thing goes for our ex-colonies... As a french, I'm quite happy to see you independant : It's the way it should be (don't tell the corsicans :D and the bretons). I hope you are thriving/'ll thrive in the future and I am/would be delighted if we cooperate/would cooperate in the future.

  40. Nice troll. Try again. by Kadin2048 · · Score: 1

    Show me the legal agreement that they've broken.

    Oh, wait, you can't. Because it's confidential and outside of a few leaks, has never been released. So really, you're just speculating.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Nice troll. Try again. by Mister+Whirly · · Score: 1

      not a hard speculation to see. Apple Corp sues Apple Computers - Apple Computers is allowed to use the name Apple on the condition it never enters the music business. Apple now is a huge music retailer... Is that enough dots for you to connect??

      --
      "But this one goes to 11!"
    2. Re:Nice troll. Try again. by Kadin2048 · · Score: 2, Insightful

      Apple Computers is allowed to use the name Apple on the condition it never enters the music business.

      There's the speculation.

      Neither you nor I has any idea what Apple Computer and Apple Records agreed to or not; even if they did agree to something like that, the whole disagreement could hinge on how they defined "music business" within the contract.

      You're making it seem like it's somehow a cut-and-dried issue when in reality it almost certainly is not.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    3. Re:Nice troll. Try again. by Mister+Whirly · · Score: 1

      It's called an educated guess... What other possible stipulation do you think Apple Corp would have cared about?? That Apple Computers never sells lingerie?? Get real and use your head for something more than a hat rest...

      --
      "But this one goes to 11!"
  41. Re:Add This Defeat to the Military History of Fran by Frangible · · Score: 5, Insightful
    It's true, the French have been standing up where we've backed down lately. People called them not capitulating in the Iraq war cowardice, but they stood their moral ground and weren't sheep-- the Edward J. Murrows of the world aren't cowards. But as you mention they also stand against some Islamic cultural and religious tradition that we're even afraid to.

    And if you've watched Stephen Colbert's recent White House press dinner speech, you'll note the only person in the room who had the balls to do that was a French descendant.

    It's all sort of silly, anyway... Germans and French share the same common ancestry. The history of warfare in general is that everyone loses... look at the American wars throughout history. We lost most of them. Korea? Vietnam? Moghidishu? We didn't do jack in WW1 and in WW2 we entered the European theater late and fought against outnumbered Hitler Youth and reserve troops while the great bulk of German troops, especially the most veteran and well equipped divisions, were defeated by Russia.

    Anyway, point being, it's fun to laugh at France, but maybe this is more of a story of how corporations exert political control than anything.

  42. Re:Add This Defeat to the Military History of Fran by TortiusMaximus · · Score: 4, Informative

    Funny stuff. But you should give credit where credit is due, ya cheese eating plagiarist. http://www.albinoblacksheep.com/text/france.html

  43. Trolling? I'll bite ..... by Luscious868 · · Score: 3, Insightful
    - Apple spread DRM.

    Apple didn't have a choice. You either include DRM or the RIAA won't deal with you. If the RIAA won't deal with you then you don't have an online music store that's going to make any money.

    - Apple change the "rules" about how users can use their music (number of CDs a song can be burnt onto was reduced) using the DRM and software updates, even when the songs have ALREADY been purchased by the users.

    Apple didn't change the "rules" about how you use your music. You can go to the store, buy a CD and do whatever the heck you want with it just like you always could. Now if you buy DRM'd music from Apple's online store then there are some rules in place, but they are among the must user friendly out there. You can share your music with other PC's on your home network. Granted there is a limit, but the average consumer doesn't have 5 PC's. If you make some kind of mistake and authorize too many PC's and can't deauthorize one or more of them for whatever reason then you do have the ability to reset your authorizations. You can burn the files to CD as many times as you want. There is a limit to the number of times you can burn a play list that contains DRM's music. I believe that limit is 10, but if you need to burn more than that the solution is pretty easy. Use another program to burn additional copies of the CD. Alternatively you could delete the play list and recreate it. DRM is a fact of life forced on Apple by the RIAA. If you don't like the rules, go buy the CD instead. Apple offers a service. You can get only the tracks you want, almost instantly, at $0.99 cents a track and in exchange for that service you agree to some rules. They don't force you to buy their music.

    - Apple sue students for posting rumours about their products on the internet.

    Apple didn't sue the students for posting rumors. Apple sued the student for knowingly soliciting and publishing trade secrets and profiting from it. Think Secret does sell advertising on it's website and does turn a profit. California is one of approximately 44 or 45 states that have adopted the Uniform Trade Secrets Act. That statute makes it wrongful to acquire or to publish without authorization information you know or have a reasonable basis to know is a trade secret. I don't agree with their tactics but to say that Apple simply sued a student for posting rumors is a vast oversimplification made for the purposes of furthering your argument.

    - Apple try to talk Samba developers into making Samba non-copyleft so that they can take the code and close Apple's branch of it.

    A company acting in it's own self interest so it can turn a profit? Blasphemy! I know, let's do away with all private and public companies and let the central government plan everything to do away with this evil notion known as "profits". Oh wait, that's been tried several times and each and every time it's been tried it's failed, innocent people have died and human rights have been trampled on. Not that pure unregulated capitalism is any better, I'll take regulated capitalism with social safety nets in which companies and people are mostly free to ... gasp ... act in their own self interest and try and turn a profit and where consumers are free if they don't like a particular company to .... gasp ... not buy their products.

    1. Re:Trolling? I'll bite ..... by Whiney+Mac+Fanboy · · Score: 0, Flamebait

      Granted there is a limit, but the average consumer doesn't have 5 PC's. If you make some kind of mistake and authorize too many PC's and can't deauthorize one or more of them for whatever reason then you do have the ability to reset your authorizations. You can burn the files to CD as many times as you want. There is a limit to the number of times you can burn a play list that contains DRM's music. I believe that limit is 10, but if you need to burn more than that the solution is pretty easy. Use another program to burn additional copies of the CD. Alternatively you could delete the play list and recreate it. DRM is a fact of life forced on Apple by the RIAA. If you don't like the rules, go buy the CD instead. Apple offers a service. You can get only the tracks you want, almost instantly, at $0.99 cents a track and in exchange for that service you agree to some rules. They don't force you to buy their music.

      hahaahahahahahahahaha!

      Do you want to have my nick? (it suits you far more then it does me!)

      I'll email you the password if you promise here that you will only post under this nick from now on :-)

      --
      There are shills on slashdot. Apparently, I'm one of them.
    2. Re:Trolling? I'll bite ..... by Luscious868 · · Score: 0, Troll

      Send it to me at stevejobslittlebitch@yahoo.com :-)

    3. Re:Trolling? I'll bite ..... by Cal+Paterson · · Score: 1

      Apple didn't have a choice.
      No, Apple did have a choice. They could have provided the music without restrictions. That's blindingly obvious. The fact that it's commercially viable doesn't make it ethical, or the right thing to do. If Apple had really wanted a long term situation where they could've profited, they would have worked with artists.

      Apple didn't change the "rules" about how you use your music.
      You clearly have no idea what you are talking about. They did; see here; Features lost in iTunes upgrades

      Now if you buy DRM'd music from Apple's online store then there are some rules in place, but they are among the must user friendly out there.
      They can be user friendly; but they're still wrong. I could give a guillotine a grapical point-and-click interface, but it'd still be a terrible thing.

      There is a limit to the number of times you can burn a play list that contains DRM's music. I believe that limit is 10, but if you need to burn more than that the solution is pretty easy. Use another program to burn additional copies of the CD.
      The limit is 7. You're probably confused because this is one of the rules about how you use your music that changed.

      "A company acting in it's own self interest so it can turn a profit? Blasphemy!"
      Again, just because an action is legally possible, does not make it ethical.

      I know, let's do away with all private and public companies and let the central government plan everything to do away with this evil notion known as "profits".
      You know, calling Free and Open Source Software communist is normally something only indulged in by Steve Ballmer. Having Freedom to use your possesions in any way you wish is an idea that has little in common with the many applications of Communism. It isn't even a particularly prominent feature of theoretical Marxism. It's a pretty childish insult, and it's one I haven't seen in a long time.

    4. Re:Trolling? I'll bite ..... by Anonymous Coward · · Score: 0

      Awww don't do that, there are those of us that love your work!

    5. Re:Trolling? I'll bite ..... by Whiney+Mac+Fanboy · · Score: 1

      Awww don't do that, there are those of us that love your work!

      Weeeelllll....

      OK! Just because you asked so nicely, I will continue to fight the good fight ;-)

      --
      There are shills on slashdot. Apparently, I'm one of them.
  44. Slashdot Poll by Spy+der+Mann · · Score: 0

    What do you think about the recent Apple events?

    1. We surrender! ************* 99%
    2. Eat this, RIAA! ************ 1%
    3. CowboyNeal 0%

    C'mon guys, you can do better than that.

  45. Re:Add This Defeat to the Military History of Fran by Anonymous Coward · · Score: 0

    war against Vietnam:Won every battle until tiring of the filthy country
    war against Iraq: Won Winning
    war on poverty:No Decision
    war on drugs:Standstill
    war on terror:Winning

  46. Close, but not quite... by Garwulf · · Score: 4, Informative

    Um, not quite, but close.

    The earliest copyright-type of protection I know of is the Stationer's Log, which was used in England in Shakespeare's day, and it existed to protect publishers against other publishers. A publisher would buy a manuscript from a writer, and then register it in the Log, so that another publisher couldn't then publish their own version of it. The author had pretty much no rights whatsoever, but there was protections for the author in other ways. This was a time where most authors, poets, etc. were supported by wealthy patrons.

    Around the time of the American Revolution there seems to be a change in the way copyright-style protections are being considered - the focus moves to the artist or creator, rather than the publisher. If you look at the American Constitution, there's a section that has the original version of this in the United States (I'm not sure how it manifests itself in Britain and Europe), and it's a limited span. This is very progressive for its day, as there's still patronage going on. The important thing in my mind is the recognition of the creator's rights to their work, something taken for granted in other industries.

    Now, as time goes on and patronage disappears, the copyright span becomes longer, and this is logical, if you think about it. Without patronage, all that is left to support the artist is the artist's work. Controversy over copyright span after death aside, if you look at the Berne Convention just as a document outlining creator's rights, it really is quite logical and adaptive, and suitable to the here and now.

    (Please note, I'm not talking about the DMCA here. The Berne Convention is quite old and fine-tuned, and it shows. It's a very elegant and logical document. The DMCA is brand new, trying to deal with new technologies that the legislators are still coming to grips with, and it shows too. Given time, I think it may develop into a very good piece of legislation that fits the technology, but it's not there yet by a long way.)

    In my mind, the big problem right now isn't the creator's rights, but how they have been co-opted. It's not so big an issue in print publication, but look at who actually owns the rights to music and film. The film studios and record labels have basically co-opted the creator's rights by getting the artists to sign their rights away, and then exploiting those rights, cutting out the creators in the process. In many ways, it's a situation where what should be a just and fair system has been co-opted and abused beyond belief.

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
    1. Re:Close, but not quite... by Carthag · · Score: 1

      I could live with copyrights-for-life if they were non-transferrable, probably.

    2. Re:Close, but not quite... by garote · · Score: 1
      Your argument contains the seeds of it's own contradiction. As you say, nowadays, the problem of creator's rights is not so bad in print publication, but film studios and record labels "co-opt" the rights of the creators they sign. But this compares very well to the old system of "patronage" that you mention: The studios and labels front cash to support the promotion, distribution, and future works of their artists - primarily the distribution. It's not so bad for writers because of three things:

      1. All they need to produce their work is a twenty dollar typewriter at a thrift store -- if that.
      2. You can't make their future work more successful by hiring remix artists or roadies or renting them fancy guitars or cameras or studio time or SFX contracts - the things unrelated to distribution that a label or studio can barter creative rights with.
      3. Writers, as a class, compared to band members, are generally a lot less stupid.

      There was a big shift in the rights-management of music and film as their industries matured, because it became possible for those industries to make a huge amount of money renting access to their distribution channels. But that shift is reversing, for the same reasons that "patronage" of writers went out of style: The technology to make a great sounding album or a great looking film is coming within reach of the prototypical "starving artist", and the technology to distribute those works is falling within reach of small businesses who do not need to prostrate themselves to a cartel.

      In other words, it could all be seen as the developmental cycle of a new artistic medium. :)

  47. Thought behind pricing? by Alkonaut · · Score: 1
    Is the .99c marketing actually good for music? Intuitively it feels that way...

    In the old scheme of things, there was great profit in making great hit singles. The hit singles sold the albums, and got the airtime. This has been the death of variety in music, and imho here is where a lot of the responsibility for the declining cd sales lies.

    I think that flat charging for music sounds great, it actually gives an incentive to music producers to make good quality albums. After all, selling the whole album will give a lot more money than just selling the hit single.

    Is this deliberate by apple or just a side effect of their .99c marketing?

  48. France pushing Protectionist standards ? by Anonymous Coward · · Score: 2, Informative

    You have cited the SECAM standard as an example of "industrial protectionism".

    I suggest you to read the SECAM history :
    http://en.wikipedia.org/wiki/SECAM

      SÉCAM development predates PAL.

    So I am affraid your post was only "french-bashing" ! Yet and again...

    And even if it was pushed for "national pride" reason, who can blame them ? I mean, read the story about Concorde at JFK or the A380 story about US airport beeing reluctant ... c'm'on, every single gov would preffer their own industry to succeed ;-)

    Until now there was no software patent in France, but thanks to US and some europe software giants we are about to "evolve" to be in the same dirt US are : joy-of-pattent-everything (which includes joy-of-beeing-a-lawyer subsystem).

    1. Re:France pushing Protectionist standards ? by jackbird · · Score: 1
      read the story about Concorde at JFK

      As someone who has relatives in Rockaway Beach, near the Kennedy approach, I can tell you from firsthand experience that the Concorde is Fucking Loud. It's not a big deal to tune out a few dozen passenger jets coming in over the course of a day (I lived for years right under the southeastern approach path to LaGuardia as well), but the Concorde makes (well, made) a sound like the end of the world is nigh. It didn't even compare.

  49. Re:Who hasn't defeated France? by Anonymous Coward · · Score: 0

    Bravo!

    Another cheese-eating Brit

  50. and don't forget by jefu · · Score: 2, Interesting

    War^H^H^HPolice action against North Korea - tie.
    War against Grenada - win
    War against Panama - win
    War against Somalia - we got "tired of the filthy country"
    War against Taliban in Afghanistan - win (well, for at least the 25 percent or so of the country we control)
    War against Germany/Italy/Japan - win, with the assistance of the french...
    and so on

  51. For Sale: One French Army Rifle... by Anonymous Coward · · Score: 0

    Almost new. Never been fired. Been dropped once.

  52. Thoughtcrime detected by Unski · · Score: 2, Funny

    Please remain calm, change is sometimes good.

    ++good, infact.


    03 05 06 bb speech malreported slashdot rectify.

  53. Why not? by 2nd+Post! · · Score: 1

    Why shouldn't Apple keep control of their encryption scheme? It exists exactly so they can exert a little control on how the music is used. I'm not saying the intent is right, but insofar as the RIAA and the music licensors wanted it, it works.

    To put it another way, Fairplay belongs to Apple, while the music you purchase belongs to you; the CD format belongs to Philips, while the music CD you purchase belongs to you.

    1. Re:Why not? by Yvanhoe · · Score: 1

      Well, that is called DRM. Why they are bad have been discussed a lot here. If Apple has the right to do this, Microsoft too, Universal too. Tell me, if Apple can keep control of their encryption scheme why can't Microsoft keep control of their .doc technology ?

      The RIAA wants DRMs. The government says it is not possible. So what ? The RIAA makes a blocus on France ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    2. Re:Why not? by 2nd+Post! · · Score: 1

      Well then, that describes the problem succintly. Why shouldn't DVDs remain enclosed in CSS? Why shouldn't Microsoft keep SMB theirs? Why not keep .doc undocumented?

      The problem is everywhere, and it seems rather unfair to single out Apple when they are not the most egregious examples of proprietary formats. DVDs rank higher, with their higher adoption rate. Of course on the flip side you can pay $15k to license CSS, but you can't license SMB or .doc or any of the CD encryption.

  54. RIAA'S new theme song... by Aslan72 · · Score: 1

    should be '99 Problems' by Jay-Z.

    Still .99 at the old' ITMS.

    --pete

  55. It is a Free Software Issue. by pavon · · Score: 5, Insightful

    I am legally prevented from writing, distributing or using Free Software that can play music encoded with Apple's Fairplay DRM. Therefore it is a Free Software issue. It may be one that you don't care about, but it is one. That said, Free Software and DRM Software are inherently incompatible as DRM is an encryption scheme that requires you to both widely distribute the key and keep it secret at the same time. The only way to do this is by obscuring the key in software or hardware. Therefore, the only way to implement DRM as Free Software and follow the letter of the law, is if the keys are in hardware, and there is no way to do so while following the spirit of the law. So the only solution to the Free Software issue is no DRM.

    It is also a free market issue - unlike most other media formats and DRM schemes (CSS, HDMI, WMA) which can be licensed by any party under RAND terms, Fairplay is not available for license. This is helping Apple to create a monopoly, by sheltering it from competition due to legal restrictions, rather than basing it's success solely on the merit of the product (which is does have).

    Lastly Microsoft didn't get to be a monopoly (in it's OS) through illegal means. Like all other OSes at the time, they lived and died with the system it was written for. The IBM PC had the advantages of people wanting to use the same machine as at work and later of low costs due to commoditization. The other PC's couldn't compete with this, and thus died. Microsoft rose to dominance because the IBM PC rose to dominance. Everything else (even their very real illegal acts) is noise.

    Frankly, I have always thought our antitrust laws were pretty stupid. We give companies huge amount of anti-competitive powers through "IP", and practically unrestricted mergers, and then wait until they inevitably become monopolies (or oligopolies) to enforce a bunch of hollow antitrust laws that do little more than waist time in court. Why wait until someone is a monopoly to start caring about promoting a free competitive market?

    Lastly, and most importantly, it is a consumers rights issue. If I have legally obtained documents, I will view them as I please - whether the person trying to restrict me from doing so is a monopoly or not is of no consequence.

    </rant> (haven't had my cherios this morning :)

    1. Re:It is a Free Software Issue. by Dog-Cow · · Score: 2, Informative

      "I am legally prevented from writing, distributing or using Free Software that can play music encoded with Apple's Fairplay DRM."

      That is a lie, pure and simple. You may reverse-engineer Fairplay for purposes of interoperability. It even says so in the DMCA. Apple is not required to give anyone the specs, but they also cannot prevent you from reverse-engineering them.

    2. Re:It is a Free Software Issue. by pavon · · Score: 4, Interesting

      You may reverse-engineer Fairplay for purposes of interoperability. It even says so in the DMCA.

      That is true, I can definately develop and use software to circumvent a copyright protection mechanism for interoperability reasons. However, the DCMA strictly prohibits me from distributing any such tools that enable circumvention even if I intend them merely for the exempted reasons. The jury is still out on whether that clause will stand, or more accurately in what specific circumstances that clause will hold up in court.

      Even if distribution is allowed, the DCMA is not the only law that stands in the way. In particular, there are several patents on Fairplay standard, and without a license, it is not possible to write, distribute, and use this patented technology. There are exceptions that allow you to do some of those three some of the time, but never all three at the same time. For example, patent law does allow for implementation and distribution for educational purposes, but then anyone who used my software for non-educational purposes (even personal use) would run afoul of the law. This is the approach that LAME takes in it's license, which protects the developers but pushes liability onto the users.

      I am legally prevented from writing, distributing or using Free Software that can play music encoded with Apple's Fairplay DRM.

      To clarify I meant that "I can't do all these three", not "I can't do any of these three". There are three things that make Free Software Free - the freedom to modify, the freedom to distribute, and the freedom to use. If any one of these things are prohibited in a piece of software then it is not Free Software.

    3. Re:It is a Free Software Issue. by Anonymous Coward · · Score: 0

      I am legally prevented from writing, distributing or using Free Software that can play music encoded with Apple's Fairplay DRM

      Perhaps that is what France should be seeking to rectify, rather than trying to forcing Apple to enable interoperability by sharing its internal documentation. France is a sovereign nation that can make laws that apply to everyone within their borders. They could easily make a law explicitly granting you permission to distribute any and all source code that enables interoperability regardless of whether it facilitates copyright violation. Hell, they could make a law that specifically targets fairplay and offers protection for any effort to reverse-engineer that specific format.

      As to your rant...join the rest of Slashdot as we rail against short-sighted and stupid laws. Place the blame where it belongs...on those laws that are inconsistant with free software. Don't blame Apple for playing by, and succeding at rules they had no part in crafting.

    4. Re:It is a Free Software Issue. by e.+boaz · · Score: 1
      Pavon wrote:

      I am legally prevented from writing, distributing or using Free Software that can play music encoded with Apple's Fairplay DRM. Therefore it is a Free Software issue. ... Lastly, and most importantly, it is a consumers rights issue. If I have legally obtained documents, I will view them as I please.

      This is not a Free Software issue. This is a "I can't do whatever I want, whenever I want" issue. Ignoring reverse engineering for compatibility purposes, you have no legal right to write or distribute Free Software that will play music encoded with Apple's Fairplay.

      Regardless of your wishes, Apple owns the rights to Fairplay and is choosing not license the rights to others. Apple is also choosing that iTunes and Fairplay will only run on the Mac OS X and Windows 2K/XP operating systems. Apple is not interested in people who are not running one of those operating systems. And since you can only purchase Fairplay encoded music through iTunes, you already have the ability to play the encoded music file.

      If you do not like these terms, then you do have other choices in the market. You don't have to purchase any music from iTunes. You certainly don't have to purchase an iPod, although the iPod does play unprotected music in a variety of formats. Vote with your wallet accordingly.

  56. Re:I'm getting sick of techies confusing the RIAA. by grimJester · · Score: 1

    Apple negotiated with record labels, not the RIAA

    The RIAA is the cartel of Universal, Sony BMG, Warner and EMI. Apple negotiated with the cartel of Universal, Sony BMG, Warner and EMI. If Apple negotiated prices with the RIAA it would be too obvious that the record labels cooperate to fix their prices. Now it's just conicidence they sit in tha same room and talk to Apple at the same time.

    Yes, Apple negotiated with the RIAA, not individual record labels.

  57. Why the bill was diluted, and Apple's DRM benefits by SuperKendall · · Score: 3, Insightful

    First of all, the bill was probably diluted out of fear for yet another uprising of French youth. After all, if they rose up against a job bill what would happen to the government that screwed with thier music?

    Secondly, Apple's use of DRM is helping the anti-DRM crusade. In a bit of DRM judo, Apple has basically hijacked music DRM from the industry that meant to controll it and is using that power to dictate exactly how the online music market is to be run. Eventually studios will wake up and realize that they would be fine selling music without DRM, and indeed it's the only way to break free of Apple's grip over distribution. Then we'll not need DRM anymore as studios just sell FLAC and MP3 online, what we all wanted in the first place. Also at that point you'll be able to use any player you like again and not just iPods (so extra pressure on teh labels to move to a DRM free model will eventually come from Microsoft).

    So smile when Apple mentions FairPlay, 'cause they are the ones saving you from the REAL DRM world we might all have been living in without them.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  58. All right! by Anonymous Coward · · Score: 0

    Apple is good, and France is Evil. Got it.

  59. How is it profit? by phorm · · Score: 1

    I'm pretty sure that Apple is the one paying for maintaining servers, consuming bandwidth, etc. I doubt that there's really all that much profit in there.

  60. win? by wardk · · Score: 1

    so $.99 for a song is victory?

    for whom?

    certainly not the consumer.

    $.49 for good music would be appropriate with .05-.48 for the other 99.999999999%

    but then only the artist could make money, not the coke-addled jackass at BMG

  61. Re:Who hasn't defeated France? by Zaatxe · · Score: 1

    Who hasn't defeated France?

    I believe Brazil has never defeated France. Well, does it matter the fact they never engaged in a war?

    --
    So say we all
  62. Tiered Pricing could make music industry better by OzPhIsH · · Score: 1
    OK, maybe not, but stay with me on this for a second. Lets face it. The music industry today pretty much sucks. Most music fans I know are highly frustrated with the state of it. Most of the big acts are either old rockers, established in a time before the industry had it's focus in creating purely big money making acts, or these new big money making acts (Britteny, et al.) which are generally talentless and are essentially created by industry itself. This new style of act are generally big money making summer hit artists, that fade away after 3 years or so. They're not really producing any more Rolling Stones, or Bob Dylans. They're not producing artists with any sort of longevity. Sure there are bands that have really "made it" making creative music that has crossed over to the money making mainstream, like say Radiohead, but for the most part, these groups are few and far between. The big record making labels are shooting themselves in the foot by not establishing and supporting artists though long term careers. Why? It's all about the back catalog. Think about artists from the 60's and 70's. Music that was written 30-40 YEARS ago is still popular today, and still helping to define our culture. Jimi Hendrix, the Doors, etc. People will still be buying those records for another hundred years (especially with more mickey mouse copyright protection). Maybe it is just hard to tell, as I don't yet have the advantage of retrospective, but where are those big artists TODAY that people will be listening to in a hundred years? Most of the big artists promoted today, if I even had to hear them in the next hundred years, it would be too soon...

    So, what does this have to do with tiered pricing? Well, let me tell you. Generally, the record industry likes to promote acts that it more or less owns. (This is one of the reasons rap is so heavily promoted, even though rock is more popular music. There is generally less investment on behalf of the label and a much higher take in their coffers when you buy a rap album). Anyway, because they generally don't promote quality, just what will make them the most money, most of what you see and hear on the radio, on MTV, are not the best quality music. But when you go to the record store, the CDs are around the same price for all new releases, whether it is from that obscure punk band, or the newest Celene Dion. In fact, the obscure release is often MORE expensive, because it won't sell as much volume. Maybe it's the difference between 14 and 18 bucks. Passing that psychological $15 barrier right there shy's some people away from trying something new. (What is it about having to break a bill that makes you feel like you're paying a bit more than you'd like?)

    So, now look what the established music industry in all of their foolishness, want's to do. Instead of charging you a little less, and encouraging you to buy their RIAA stamped and approved crud, than what you might pay for an indie or obscure release at your local record store, they actually want to charge you MORE. MORE, for generally WORSE music. And not a 4 dollar difference on two cd's, two collections of songs, no. We're talking 2 dollars PER SONG. Now, I don't know about you, but there is a lot of music out there that I DO like and enjoy that isn't this nonsense that the RIAA tries to feed us. A lot of it can be found on iTunes. So, if I have a choice between 1 song, and 3 songs, what am I going to do? Of course, buy the 3 songs! I don't think Apple really cares how I spend my money there as long as I spend the 3 dollars. But the RIAA have this mentality that people owe them something. I wouldn't be surprised if they sued you for choosing the 3 songs instead of the one, claiming you owe them for the difference or some nonsense.

    My point though, is that this plan of charging more for their crap, which is popular because their big money made it popular, is going to backfire. It is only going to encourage people to spend their money elsewhere, to explore new artists and new musical avenues. I think iTunes has done a good job of promoting some of the more obscure artists out there. If this can turn people away from the cookie cutter, mindless crap promoted by the industry, and back towards quality artists and quality music, it should be embraced.

    --

    "To lead the people, you must walk behind them"

  63. False by aepervius · · Score: 3, Informative

    wiki secam
    Why SÉCAM in France?
    Some have argued that the primary motivation for the development of SÉCAM in France was to protect French television equipment manufacturers. However, incompatibility had started with the earlier decision to uniquely adopt positive video modulation for French broadcast signals. In addition, SÉCAM development predates PAL. NTSC was considered undesirable in Europe because of its tint problem requiring an additional control, which SÉCAM and PAL solved.

    Nonetheless, SÉCAM was partly developed for reasons of national pride. Henri de France's personal charisma and ambition may have been a contributing factor. PAL was developed by Telefunken, a German company, and in the post-war De Gaulle era there would have been much political resistance to dropping a French-developed system and adopting a German-developed one instead.



    In other word, yes it was a questionof national pride, but no not against the US, more against the "north-east" neighbourgh which only 7 years before they had a war with... Not much to do with protectionism IMO. Would you , as an US ressident , have accepted the PAL standard ? Well apparently NO, sicne you use NTSC.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:False by Scrameustache · · Score: 1

      In other word, yes it was a questionof national pride, but no not against the US

      WTF did I say it was against the U.S.???

      Would you , as an US ressident

      I'm living where now? Dude, it's a nice place to visit, but I wouldn't want to live there.

      --

      You can't take the sky from me...

  64. Re:Who hasn't defeated France? by Mister+Whirly · · Score: 1

    Actually, Brazil, Argentina, and Uruguay defeated the Paraguyan army in the War of the Triple Alliance 1864-1870. http://www.onwar.com/aced/data/tango/triple1864.ht m
    Brazil also played a small part in the Allied victory of WWII - http://www.geocities.com/Pentagon/Bunker/3351/camp aigns/brzedit.html

    --
    "But this one goes to 11!"
  65. France? In one day? by PishiGorbeh · · Score: 1, Flamebait

    Germany, England... Apple?!? Who can't defeat France in one day. Besides they usually just surrender.

  66. Re:Who hasn't defeated France? by Zaatxe · · Score: 1

    I know that, I grew up in Brazil, I know some brazilian history. I meant that Brazil and France have never engaged in a war *against each other* (maybe my knowleged in history is better than my english).

    Anyway, a point in favor of the french is that Brazil got its independence by the hands of Dom Pedro I (a portuguese prince), whose family (the Royal Portuguese Family) was fleeing from nothing less than the French. Napoleon, if I'm not mistaken.

    --
    So say we all
  67. None of this is going to get "fine-tuned" by Anonymous Coward · · Score: 0

    "Around the time of the American Revolution there seems to be a change in the way copyright-style protections are being considered - ... The important thing in my mind is the recognition of the creator's rights to their work, something taken for granted in other industries."

    I thought that the parts of the Constitution allowing for copyright primarily have the interests of the public in mind, not the author. Copyright is granted as a practical way to encourage the progress of the "useful arts and sciences", not out of a particular belief that someone has the right to own an idea. I seem to remember hearing that Thomas Jefferson allowed this clause really only as the lesser of two evils (the restriction of ideas, versus fewer monetary incentives to create).

    In that sense, copyright should be tuned to be as minimally protective as it can, while still being strong enough to ensure that there are adequate incentives. A lot of provisions of the Berne Convention don't make a lot of sense in that light. Take, for example, the idea that you don't have to register a work with the Library of Congress; anything is copyrighted as soon as it is written. If a work has some economic value, someone can take the minimal time and effort required to register it. Allowing protection for "unregistered" works mostly seems to allow for abuses, like limiting distribution of copies of an incriminating memo or forwarding a copy of a letter. We haven't had significant patronage since the 1800s, but look at how often copyright has been extended through the 20th century. And, is there anything to show for it? Were these extensions responsible for any significant number of new works?

    The law shouldn't be about allowing people to secure the maximum amount of money from a work. It should be about allowing them to secure enough money that it is economically viable to make useful works.

    The same issue applies to corporate strategy. If you've seen a text on "corporate strategy", it is all about figuring out how to charge the consumer as much as possible. If you think of a transaction, if you sell me an item you value at $A, and I value at $B > $A, we've created $(B-A) of value in the process. Simple economics says, if there is a competitive market, you'll sell at a price slightly over $A - if you'll don't, I'll find someone else who will. The consumer pockets most of the value, minus a modest profit. If you have a monopoly, you'll try to figure out what my $B is, and pocket the entire profit. Either way, you make enough of a profit that you're willing to keep selling. But when the question comes as to who should get most of the added value, I would argue it should be the consumer. This leads to a higher standard of living. Saying that the seller should keep all the value created improves profits, but it doesn't improve the standard of living.

  68. Re:Who hasn't defeated France? by Mister+Whirly · · Score: 1

    Ah, okay. My money would be on Brazil if it ever did happen..
    I lived in Rio de Janeiro for a while also, but only know a little history of Brazil...

    --
    "But this one goes to 11!"
  69. Re:Fuck an Apple by Hitchcock_Blonde · · Score: 0

    "It seems you have to run a virtual PC enviro to get anything done."

    Tell that to the millions of film makers, musicians, recording engineers, photographers, publishers, etc. that use Macs every day. Please, get a clue.

    --
    Karma Schmarma
  70. The bigger they are the harder they fall by bussdriver · · Score: 1

    Anybody ever think it may be good to have apple end up in a monopoly on this?
    The industry is clearly unable to push them around now. Later, they may have more power...
    Either apple gets power over the industry or their monopoly is split; during which there will be a great opportunity to change the way the music business works.
    To some extent apple has caused some change in the industry as a result of their success.

    1. Re:The bigger they are the harder they fall by Ohreally_factor · · Score: 3, Insightful

      I don't think it's a good idea, but I'm not even sure it's possible.

      For the record, I'm an Apple fanatic that pops wood whenever I see a Mac, and my butthole gets wet at every keynote.

      What sort of monopoly are we talking about? A monopoly on music distribution? A monopoly on music players? In regards to Music distribution, Apple would need to wrest control of the content from the RIAA cartel. Certainly, Apple has helped destabilize the music cartel's control of music distribution, but those wheels were set into motion long before the iTunes Music Store (iTMS) by the original Napster and later filesharing technologies.

      What's really going to kill the RIAA cartel is artists getting out from under their control. Apple has helped here to a degree, but the real empowerment to creators has, continues to, and will come from file sharing. I think that it's almost impossible for any one company to wrest control of the content from the content creators. If Apple is going to maintain it's dominance in paid online music distribution (or even if it's going to survive), it will need to accommodate the artists, not try to control them. If Apple, or anyone else, attempts to become the "new boss, same as the old boss", I have a feeling that many artists will just release their material as mp3s and accept that there will be a certain amount of unauthorized copying. That's if they strike out on their own and leave the RIAA fold.

      If Apple is going to continue to thrive, they're going to have to partner with content creators, not own them.

      As far as the iPod goes, I hope they will continue to dominate the market, but there is no guarantee and there is little chance that they will ever exercise a long term monopoly in this segment, despite their DRM lock in. The field is changing too fast, technology changes too fast. We haven't yet seen a true iPod killer, but that doesn't mean we won't. There's too much in play, too many nascent technologies, too many devices converging. (My best guess is that when we do see an iPod Killer, it's going to come out of left field, and no one will have seen it coming.)

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:The bigger they are the harder they fall by Orrin+Bloquy · · Score: 2, Funny
      For the record, I'm an Apple fanatic that pops wood whenever I see a Mac, and my butthole gets wet at every keynote.

      Thanks to you, we're in negotiations with Taco now for a "Thanks for sharing" -1 mod category.

      --
      "Made up/misattributed quote that makes me look smart. I am on /. and I must look smart."
  71. gnupod --france ?? by TheGratefulNet · · Score: 1

    I just installed gnupod (perl scripts for writing to AND READING FROM!) ipods. I have a free shuffle that I got as a gift and I love being able to copy files there AND BACK if I so choose. I tried itunes as a music file-copy app but right after I found I couldn't easily get my songs BACK, I forever (really) gave up on itunes.

    what's cool is that gnupod works even on windows with cygwin! I spent a few hours documenting it (screen captures) and I'll upload those since there aren't good instructions on how to do this. but it IS do-able.

    but what I found most funny - is that there is a --france switch on the gnupod program. has something to do with keeping volume low. in france they don't like loud music? ;)

    --

    --
    "It is now safe to switch off your computer."
  72. m4a's some kind of ipod file? by deevnil · · Score: 1

    Remember the fiasco with the earbuds causing hearing loss - that's probably what the --france switch is for. I just downloaded a bunch of 'french for beginners' podcasts and they're some kind of m4a mpegs - I think they are for ipods? Anyways, I can't find a debian repository for faad and the source won't compile for me. Anybody know another way to convert these to mp3 or something other than faad that can convert these to wavs?

    1. Re:m4a's some kind of ipod file? by Anonymous Coward · · Score: 0

      You need to Google a bit. :)
      Anyway, m4a is not "Apple format" or "iPod format". Basically, m4a is just the filename extension Apple use for AAC (Advanced Audio Codec) file that is a part of MP4 specs. There are 2 other variations Apple use:
      m4p = protected AAC (mp4 audio + FairPlay)
      m4b = audio books that support chapter breaks.

      Any software capable of MP4 support can play m4a. You need softwares that rely on QuickTime to play m4p (or you can strip the FairPlay to get the normal AAC).

  73. Re:RIAA=1 vs. Consumers=1 by Anonymous Coward · · Score: 0

    Well you are partly right in that the loss of the anti-DRM suit hurts us consumers, but the win over the RIAA and scaled pricing helps us. What they call "scaled pricing" would just turn quickly into "charge as much as you possibly can so us business executives get even richer," and keeping at $.99 is a victory for us. How many songs do you think they would realistically charge less than $.99 for? "Great! I can now buy that Fabian song for only $.79! what a bargain!"

    And it's hard to blame just Apple for the DRM stuff. Yes, they have pushed it which is wrong, but if they don't the record companies would drop them in a second. So in my opinion the true score is now "RIAA 1 Consumers 1"

  74. Next in line by Anonymous Coward · · Score: 0

    Now Apple just has to beat Apple!

  75. iTunes is the Wal-Mart of music by cheesybagel · · Score: 1
    They need less employees than record stores. They control the new distribution channel. They sell on the cheap.

    Still, I think the iPod should be more decoupled from iTunes. Shame on the French from chickening out on this one.

  76. To the People's Commisar of Free Markets by Anonymous Coward · · Score: 0

    No, it is not a free market issue, and there is nothing that requires Apple to license it's technology...

    Nor is Apple attempting to prevent people from developing, (maybe even licensing) competing technologies...

    By your (flawed) logic MacDonalds is a monopoly, because they won't license the use of the "Special Sauce".

    And you may as well lump Pepsi in there, because they won't license me the damn Colonel's 11 secret herbs and spices.

    Actually I have to apologize, those are bad examples, after all the herbs and sauce are integral parts of those companies core business.

    So this is a free market issue (as you mean it) because Apple isn't doing what you want?

    And since when has Free meant that you aren't allowed to dispose of your creations as you see fit. Closed source is a choice, not apostasy, no matter how many times RMS says it is.

    F/OSS as an extremist position is no more rational or appealing than any other extremist viewpoint, you know, Manson, Jones, Hitler...

    You zealots are giving me a recurring nightmare, it's like a scene from Schindler's list as the entire development group shuffles off camera through a wrought iron gate inscribed with the words "Quellenprogramm macht Frei."

  77. Re:Add This Defeat to the Military History of Fran by hguorbray · · Score: 2, Informative

    Yes,

    but don't forget the Norman conquest (1066 and all that). The French successfully invaded england and never left...

    http://en.wikipedia.org/wiki/Norman_conquest_of_En gland

    so that would have to count as a resounding success for France -even if the Normans included a lot of Vikings who had settled in France.

    The Brits might not readily admit it, but they have been mostly ruled by European royalty ever since.

    Even Queen Elizabeth II is of german descent:

    The House of Windsor, previously known as the House of Saxe-Coburg and Gotha, is the Royal House of the United Kingdom of Great Britain and Northern Ireland . (from wikipedia)

  78. Re:Who hasn't defeated France? by Anonymous Coward · · Score: 0

    According to Wiki, Brazil defeated France during the 1958 World Cup!

  79. Re:Add This Defeat to the Military History of Fran by yuri2001 · · Score: 1

    Well...you would have to explain me, how come France is still the largest country in western Europe?? Also a few point to enlight your brains: - "romans" were not "italians" though they share the same capital, Rome. Just check the size of the Roman Empire with today's Italy. And also don't forget how "Mighty Rome" ended... - Germans: it's not really that they want to invade France every 50 years, it's just the only excuse they found to flee their awful wives. - French revolution: don't forget the many battles won against english/dutch/austrian coalition between 1790 and 1795. Algerian war: that's the "funniest" point...look: 1/: France lost 30 000 personel in this war - Alegerian FLN and population lost 300 000 personel. 2/: France had nothing to do in Algeria, except maybe protecting and find a better issue for french citizens that lived there. 3/: "decolonization" was the big trend at this time, and lots of french citizens didn't not agree with this war and french soldiers to stay there. Public opinion was against it. Does it remind you of anything? I'll help you, it begin with a "V" and end with an "N". I'm sure you've seen a movie or two about it. To finish with this clueless topic. I don't think americans should bragg too much on the topic of "war" at this moment. I would love to see a good issue in the Irak situation, but it doesn't seem to get better at this moment. Technical and military superiority doesn't solve everything in this little world...I'm sorry for the Bush administration. And then we will have Iran just next to it soon...I wish you good luck "brave" Private Anonymous Coward...

  80. France by Anonymous Coward · · Score: 0

    Poor France, they usually defeat themselves. They have made many poor choices as a nation lately. These choices affect their technology scene. Whether it's making it hard for businesses to fire people, or encouraging everyone to be secular and non-religious, France is slowly but surely taking all the life and excitement from their culture. Let's face it, if you go to visit France, most people spend their whole time visiting cathedrals and the museums - which mostly show off their fascinating national past - which was all Christian. The more they leave that, the more they become just another American suburb with McDonalds and Starbucks.

  81. Re:Add This Defeat to the Military History of Fran by Anonymous Coward · · Score: 0

    Anyone ever count how many wars the US has started, funded or participated in since WWII?

    I think it's around 40.

    But the big ones - Vietnam (US loses), Gulf War (US wins), Gulf War II (US wins the war but loses the 'peace').

    You know, war just isn't easy.

  82. Colbert? by YesIAmAScript · · Score: 1

    A French descendent was the only one with the balls to stand up? There's a big line of people who would stand up and say that in that room. The only difficulty was GETTING IN THAT ROOM. And that gate was controlled by Tom Curley (head of the AP) and the Bush administration.

    Give me a fucking break.

    And if France is so goddamn great, what's Colbert doing here?

    I respect Colbert, but using him and what he did as a prop for all French is ridiculous.

    And btw, my last name is French too! I guess that makes me a French descendent.

    --
    http://lkml.org/lkml/2005/8/20/95
  83. Re:Add This Defeat to the Military History of Fran by SebNukem · · Score: 1

    Ahhh! At least! The great ancient moronic military joke from the great american Anonymous Coward. If you are so proud of your military accomplishments, why do you hide yourself as a AC? Fucktard.

    The French

  84. Re:Why the bill was diluted, and Apple's DRM benef by RodgerDodger · · Score: 1

    It's also worth pointing out that the RIAA does not allow _any_ music to be legally sold online without some form of DRM, and is pushing it onto CDs now as well.

    Fairplay is actually the most permissive DRM the RIAA allows online resellers to use. Every other DRM solution restricts the rights of the user more. Apple stood up to the RIAA and drew a line in the sand: "We will compromise up to here, and no more".

    If you have content, which you wish to sell through the iTunes Music Store, you don't have to use Fairplay - you can choose not to use any DRM. Apple are saying "This is the only DRM we will accept", which is why the iPod can play MP3s as well (if they were really strict, they wouldn't allow that). About the only reason Ogg isn't supported is that, frankly, there's no market.

    There is no "Free-as-in-speech(-or-beer)" DRM solutions; yes, you can license WMA, but it's not cheap at all. The whole problem with DRM is that it is a "security-via-obscurity" approach that is 100% incompatible with "Free-as-in-speech".

    --
    "Software is too expensive to build cheaply"
  85. Slashdot was French ... by AHumbleOpinion · · Score: 1

    Who are you people, and what have you done with the real slashdot?

    Slashdot was started by the French, but some kids came by and took it away from them. ;-)

    Sorry, I couldn't resist, your question was just begging for that response given your overall theme.

  86. Lots of non-DRM music by Stu+Charlton · · Score: 1

    Not every good label is an RIAA label; eMusic and Bleep.com sell lots of great non-DRM independent music.

    --
    -Stu
    1. Re:Lots of non-DRM music by RodgerDodger · · Score: 1

      Yes, and Apple sells non-DRM music on iTunes as well. The point, however, is that if you want a mass market music store, you need to accomodate the RIAA somewhat.

      The independent labels are a small part of the market; a growing part, and a vital part, and hopefully the future of the market, but let's be real - right now, if you limted yourself to independents, you have a niche store.

      --
      "Software is too expensive to build cheaply"
  87. Pricing trumps all... by adageable · · Score: 1

    I'm consistently amazed at the ignorance of media companies and cell phone companies to drastically overestimate the prices that consumers will pay for various media types.
    It's not that long ago that cell phone companies were proposing selling music on cell phones (not ring tones, mind you, but rather singles downloads) for between $2 and $3 a pop. Music companies are now moving towards the same model. I simply find myself amazed at the sheer ignorance of such a move (do these companies do market research? If they do, are the companies reputable?).
    I've always figured that they've banked on two groups:
    (1) The Young! They're stupid! They have disposable cash!
    - of course, on the other hand, they have the sense to shop for the album on amazon and then rip it, or go to their local record store in their local college town.
    (2) The Old! They're rich! They also have patience, and can wait to get to the album when it costs less...
    Congrats to Apple for drawing the line on consistent, consumer-ready pricing for another year or two. Until the idiots in charge of licensing screw it up again..

  88. the DRM articles have not been seen by the Senate by Submarine · · Score: 1

    Again, premature news. What happens is that the Senate Commission for cultural affairs has proposed amendments that would significantly reduce the scope of DRM "interoperability", as well as remove some guarantees that were obtained for free software, both of which were adopted unexpectedly by the National Assembly and against the opinion of the Assembly's own commission.

    Given the history of that text, one can not exclude other unexpected events. The Senators are not in any way forced to adopt the amendments proposed by their commission.

    Things have already gotten pretty weird, with an opposition Senator, Michel Charasse, defending positions more or less opposed to what his fellow party members defended in the Assembly.

    Thus, any final opinion on the issue is premature. And if I were Apple, I would not be gloating over victory yet: the argument that Apple was against the legislation has been used as a proof that the proposed legislation would only benefit extra-european monopolies...