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U.S. Backs Apple's iTunes DRM

breun writes "The U.S. has asked foreign governments to consider the effects of interfering with popular new technologies, pointing to recent scrutiny of Apple's iTunes Music Store as an example of bad judgment. The U.S. Justice Department's antitrust chief Thomas Barnett cited recent foreign proposals to impose restrictions on Apple's iTunes service as an example of strict regulation which could discourage innovation and hurt consumers." From the Washington Post article: "In prepared remarks, Barnett said the scrutiny of Apple 'provides a useful illustration of how an attack on intellectual property rights can threaten dynamic innovation.' Barnett said Apple should be applauded for creating a legal, profitable and easy-to-use system for downloading music and other entertainment via the Internet."

39 of 327 comments (clear)

  1. one word makes a difference by User+956 · · Score: 5, Insightful

    'a useful illustration of how an attack from intellectual property rights-holders can threaten dynamic innovation.'

    Fixed that for you, Barnett.

    --
    The theory of relativity doesn't work right in Arkansas.
  2. In other news... by ijakings · · Score: 5, Funny

    The U.S. Government has recieved and gratefully appreciates Apples donation.

  3. Call me stupid.... by cbiltcliffe · · Score: 3, Interesting

    Isn't the whole point of DRM to restrict what consumers can do, thereby harming consumers?
    How TF can restricting DRM then harm consumers?

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
    1. Re:Call me stupid.... by Keeper · · Score: 3, Informative

      This has nothing to do with DRM. It has to do with forcing a company to give away something they created for free.

      It discourages risk taking. If you have a neat idea that could take the world by store, but it will cost a bunch of money to create, why would you want to take that risk if you're going to be forced to give that technology away once it catches on?

      It encourages copy-cats. Why spend the R&D effort developing something unique and original (something that may or may not be successfull) when you can wait for someone else to do that work, prove its viability, and capitolize on it?

  4. No sovereignty for you! by denis-The-menace · · Score: 4, Insightful

    IOW: Only the US has the right to make laws.
    Only the USA can liberate things, people and oil.
    No country is allowed to break USA-created-DRM.

    --
    Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
  5. Too easy to see... by Nom+du+Keyboard · · Score: 3, Insightful

    Too easy to see whose side our government is on. And this from an Anti-Trust Chief of all people!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Too easy to see... by plasmacutter · · Score: 3, Informative

      Those examples are not accurate depictions of activities which violate antitrust law.

      The "protection" of DRM by law has produced a new monopoly right to those who produce DRM. only they are legally allowed to produce playback devices for the DRM'ed format.

      Since apple's IPOD is the most popular device, the inability to support competitor formats, only apple's is an abuse of a monopoly position via product tie-in.

      they refuse to license their format, and also (but with good reason) refuse to license WMA playback from microsoft (would you willingly put yourself under your competitor's thumb?).

      The main rub is their refusal to do one or the other is being used to lock either:
      a - itunes customers into ipods.

      b - ipod customers into itunes.

      This would be equivalent to ford making it illegal to buy any brand of tire except (insert brand here).. It's vertical integration and expansion of monopoly power by tie-in, which is a violation of antitrust law (across the majority of major industrialized nations at this point). Keep in mind that microsoft was convicted of using a very similar strategy in both the US and the EU (remember WMP free versions the EU demanded?)..

      in this case they are using this tie-in strategy to squeeze competitors out of the market.

      Unfortunately we have a bunch of schilling, sell out, delusional idealogues who refuse to uphold those laws or stand up for consumer rights, they refuse to acknowledge the continued fact that corporations have been stripping the "free" from free market for years, and the idea that there is a "free market" in DRM access after the DMCA instituted stiff criminal barriers to entry is nothing short of cognitive dissonance, if not full fledged delusion.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  6. Now I've seen everything... by ResidntGeek · · Score: 4, Insightful

    The US GOVERNMENT is warning other governments against too much regulation?

    --
    ResidntGeek
  7. I call BS by hendrik42 · · Score: 3, Insightful

    This is obviously more business interest than concern for foreign consumers speaking.
    How does openness and interoperability between different devices discourage competition? Of course it discourages Apple from donating money to "a top U.S. antitrust official" :-)
    And how exactly am I as a customer being hurt by being able to play your music where I want? I'll probably get a heart attack from overenjoying myself.

  8. Right makes might! by Anonymous Coward · · Score: 5, Funny

    Ever since pirates were found to be way cooler than ninjas.

  9. Re:Or maybe it's just a GOOD government in action. by MustardMan · · Score: 5, Insightful

    Sure, because DRM never interfered with fair use, or anything... and all countries have the exact same copyright laws as the US.

    To throw your own argument back in your face - since when is artifically limiting my ability to use something I bought as I see fit a "right" of some company?

  10. Re:I Smell Something Fishy... by Necroman · · Score: 4, Insightful

    I highly doubt it is Apple doing this. I'm thinking if Apple had a choice, they would not put DRM onto their files. This is most likely a push from the Music Industry to protect the files so they cannot be easily copied between computers.

    --
    Its not what it is, its something else.
  11. They're right by swarsron · · Score: 4, Insightful

    Many here on slashdot will attack them for their viewpoint but basically they're right. So what do i mean with "basically"?
    You, the consumers, should have no obligation to go into contract with anyone if you don't like the conditions. But the people offering stuff have exactly the same right. So if they choose to use terms like "we have the right to fuck you in the ass if you purchase this music file" then they have every right to do so and if you accept those contracts you gonna have to put up with something you most probably don't like. But this is your CHOICE.

    This hole topic is just not a problem. If you don't like big corporations using DRM to violate your rights (the way you percive them) then don't use their services. It's not like we're talking food or other essential stuff, just ignore their offering and they'll learn by themself. Any other behaviour either encourages them or weakens your standpoint.

    1. Re:They're right by bunions · · Score: 4, Insightful

      > it's not like we're talking food or other essential stuff

      thin end of the wedge. GM foods are basically IP, and I see no reason you couldn't try to make the precedent from one area fit another.

      --
      there is no need to sign your posts. this isn't usenet. your username is right there above your post. stop it.
    2. Re:They're right by Vancorps · · Score: 4, Insightful

      Bold statements considering you couldn't put such a clause in contracts. Believe it or not there are limits to what a contract can do. The one exception is military service but that contract isn't your standard intellectual property license. They do not have the right to restrict my fair use of their product no matter what their license agreement is. I never signed a contract for any music I've ever bought so we don't even have to worry about that.

      The solution to the problem would be pretty simple if everyone would just stop purchasing content that is DRM protected. This is not a realistic goal however so please, find another method. Getting 300 million people to agree is impossible. Hell, even getting a million people to agree on something is quite difficult. This method would never work here in the real world. The solution is to break the DRM time and time again until they realize the method won't work and they actually need to give people an incentive to move to new formats when the old format is not deficient. Why should I pay for music in digital format when I already have a cd with music stored in a digital format? It doesn't make sense. If I vegetable oil I am not required to use it to grease a pan or use in a cake. I can do whatever I want with it including throwing it into a diesel engine. I don't need their permission to render in into another substance. It's a reasonably bad example in terms of copyright but fair use exists and DRM is a blatant violation of that fair use.

    3. Re:They're right by 9mind · · Score: 3, Insightful

      Parent post is THE only true insightful one I've read yet. I don't like EA's business practices, thus, I haven't bought an EA game since the days whe nthey refused to support the Sega Dreamcast. People think I'm crazy, because I miss out on "cool" games! But if I don't like something in principle, the easiest way to voice my distaste is with my dollars! Not with some bullshit legislation... I wish I could mod you up.

    4. Re:They're right by cronius · · Score: 3, Interesting

      In my opinion that's a naive response, more of a kneejerk reaction than thought through.

      These battles have been fought countless times in the past, this is nothing new. Corporation X gets big and gets lots of power. The executives use that power to get what they want leaving them even more power.

      Take childeren's factories in third world countries. You could say "hey, they didn't have to work there you know," but it shows that you don't get it. In the west it's illegal to hire small children to work because we've learned the hard way that even if they have a "choice" not to work, the choice to actually do it is always a bad one and thus shouldn't be legal in the first place. It's illegal in order to protect those who can't make that decision/don't know any better/don't think they have a choice etc.

      The same thing goes here. Some european countries are putting their foot down in order to protect their citicens. They're not idiots, they understand that agreeing to the terms of Apple (in this case) will always leave the consumer loosing. By forcing the corporations to not play that game, you've automatically protected whoever that would have agreed to those unfair rules. In doing this, it's not possible to do business which are unfair to the customer, and as such those business pratices simply disappear: It's illegal.

      What's left? Business that treats the customer fairly. Instead you want less fair business, traded away in exchange for more yet unfair choice.

      The playing field is equal for everyone. If Apple can't survive without treating the customers unfairly, they're doing a shitty job, since it's no problem for everyone else to play nicely and still have a pretty fine profit.

      --
      Life is Reality
  12. Re:Or maybe it's just a GOOD government in action. by MustardMan · · Score: 3, Insightful

    You know what, this ignorant-ass troll post pisses me off so bad, I feel compelled to further correct your idiocy.

    The french itunes DRM fiasco, which spawned this whole debate, wasn't about stealing music. It was about buying some shit on itunes, then having the right, as a consumer, to play it on devices other than the freaking ipod. The original law in france was that companies (such as apple) would have to "share DRM secrets to allow competitors to create compatible devices, eventually allowing other music services to offer music for the most popular music player" (from macnn.com).

    Of course, don't let that stop your knee-jerk "goddamned hippie pirates want everything for free" trolls.

  13. yer stupid by kwerle · · Score: 5, Insightful

    If governments don't allow companies to create cool new stuff and sell them however they want, then consumers won't get to buy cool new stuff. That'd be free market thinkin.

    If you don't like Apple's DRM, go buy a CD. It's not like Apple is a label and is keeping music from being released for other platforms (yes, I meant it that way).

    (Someone correct me if I'm wrong - is Apple Computer doing exclusive media deals with anyone?)

    Finally, if you don't like Apple's DRM, then burn the tunes to a regular CD and do whatever you want with it. (someone is going to say "yeah, but that's not really CD quality audio", to which I say "yeah, but CDs aren't vinyl quality audio")

  14. Cheap, fast, good by aramael · · Score: 5, Funny

    ... legal, profitable and easy-to-use system for downloading music

    I get to pick two, right?

    --
    Be true and faithful like your dog; but don't eat vomit like your dog
  15. ???Net Neutrality??? by NoSuchGuy · · Score: 3, Insightful
    "The U.S. has asked foreign governments to consider the effects of interfering with popular new technologies,"
    What about trying to regulate the web via "Net Neutrality"?

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
  16. Re:Or maybe it's just a GOOD government in action. by Vancorps · · Score: 3, Informative

    Sorry, no contract is legally binding if you're not allowed to read it before purchasing. With a music even after you buy it you never agree to their terms since they are never presented to you. Besides that, it's a license not a contract which has to be signed by an individual one way or another. What if I'm a company and buy a bunch of cds with a company credit card. No identity ever signed a contract, no person is responsible.

    DRM does intrinsically interfere with fair use as I'm explicity allowed to format shift and resample. The minute I have to break DRM to accomplish either of those then my fair use is comprimised without my consent.

  17. Re:I Smell Something Fishy... by dwandy · · Score: 3, Informative
    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  18. What about the "other" DRM? by diegocgteleline.es · · Score: 4, Informative

    This hole topic is just not a problem. If you don't like big corporations using DRM to violate your rights (the way you percive them) then don't use their services

    This works in theory and practice with itunes: You still can buy in other online music stores or even buy the CD

    It's very different in the case of DVD, though. Because the companies who make movies are the same companies who control the "electronics" market, consumers didn't have a choice, they were imposed what format they should use, like if they were living on Russia when Communism was still there. I just don't understand why companies are allowed to be big enought that they control EVERYTHING on a given market. It's like the companies who make petrol would also make cars and would make their petrol compatible only with their engines, and if other company tried to build a car compatible with their petrol would get sued. IMO this is anti-liberal and goes against capitalism. Should people be allowed to create big enterprises that create jobs? Hell, yes. Should those companies be allowed to control the market and lock out competitors? Hell, NO.

    Remember that the ONE reason why you can see DVD in Linux is because someone broke the DRM protection. In the case of Itunes, it's clear that its DRM isn't dangerous, since you can buy other players and use other music stores. But if itunes would got 99% of the online music market, it WOULD be a problem. So DRM can be both good and bad - it's up to the government to make laws to stop it from being bad.

  19. Re:Or maybe it's just a GOOD government in action. by mypalmike · · Score: 3, Interesting

    Sure, because DRM never interfered with fair use, or anything... and all countries have the exact same copyright laws as the US.

    What's stopping you from doing analog recording off the headphone jack to get your fair use? Or using a microphone if they eventually manage to close the "analog hole"? Fair use isn't the same as "convenient, unadulterated, pristine copies that preserve track info."

    To throw your own argument back in your face - since when is artifically limiting my ability to use something I bought as I see fit a "right" of some company?

    High performance cars artificially limit your top speed. Heck, 50cc scooters in some markets do this. There are workarounds.

    But a more pressing example is how food is genetically modified so that the seeds of the produce you buy are infertile, so you can't plant those seeds and grow your own. Recently, I saw a bamboo tree for sale at a garden center with a warning that said that copyright law made it illegal to make offspring of the plant (however that is done with bamboo?). It makes me wonder why there is so much debate about mere entertainment.

    --
    There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
  20. Re:Or maybe it's just a GOOD government in action. by jevvim · · Score: 4, Insightful
    Shrink-wrap licenses are not contracts.

    This isn't in the iTunes license, but rather in the customer agreement to create an iTunes Store account. iTunes is fully functional without the ability to purchase music from the iTunes Store; it's not like Apple requires you to get an iTunes Store account... well, unless you want free tracks from them, or want to buy something from them. But that's definitely not a shrink-wrap or click-wrap deal.

  21. iTunes DRM allows us to legally download music by TheFlyingGoat · · Score: 4, Insightful

    Without iTunes DRM, the major music companies wouldn't allow Apple to sell music in the iTunes store. Same holds true for other online music sales sites (think of the ones that the RIAA is okay with). If you get rid of the iTunes DRM, we'd all still be paying for an entire CD instead of just the songs we want to listen to.

    Some of you will claim that the solution is to purchase non-RIAA music, which is fine. There are some RIAA bands I enjoy, however, so for me that's not a solution. Obviously in the case of iTunes, DRM is actually helping consumers. It may not allow us to do everything we want, but it gives us one additional choice in how we get our music.

    --
    You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
  22. Re:Or maybe it's just a GOOD government in action. by MBraynard · · Score: 3, Insightful

    Let me throw it back in your face - since when is it your right to use someone else's creation in violation of the terms to which they agreed to sell it to you?

  23. car analogy alert by Jussi+K.+Kojootti · · Score: 3, Funny

    Car analogies. They need to go, ok? We definitely need a car-analogy equivalent of Godwin's law.

    1. Re:car analogy alert by HTTP+Error+403+403.9 · · Score: 3, Funny
      Car analogies. They need to go, ok? We definitely need a car-analogy equivalent of Godwin's law.
      That's what Hitler's Volkswagen would say.
      --
      I'm not a Troll, it's reverse psychology.
  24. Re:oh, certainly by PsiPsiStar · · Score: 4, Insightful

    Recently, copyright was extended on works that had already been created. How does that incent creativity? The works were set to belong to the public domain and were stolen from them and given back to the creators for an additional period. How is that even legal?

    Likewise, sampling is legal under copyright. A copyright owner does and should have limits as to how many specifications they can set on the use of their work.

    but to me it's also same as getting pissed at GM because a Ford transmission doesn't hook up to it.

    To use your metaphore, to me it's like saying that it's illegal to hook a Ford transmission up to a GM car, or to own the tools needed to even open the hood since by opening the hood someone might very well copy the technology inside. Because of course we didn't actually buy a Ford, only the license to drive one, or somthing along those lines. If GM wants to make transmissions for Ford cars, it has every right to do so, even if that means taking apart a Ford to do it. As long as they don't start making Fords, they're in fair territory.

    When one company has a near monopoly on Operating Systems or any other tool, then of course it has an unfair advantage in the realm of software production or the production of any product which relies on that first tool. The DMCA is the legal mechanism which secures that advantage.

    --

    ___
    It's the end of my comment as I know it and I feel fine.
  25. Re:Or maybe it's just a GOOD government in action. by Too+Much+Noise · · Score: 4, Insightful
    And you are a sad shill.

    Property rights are causal. The reason corporations/peopel create things is because they can control them/profit from them. If they could not control/profit from them, the creation would have been nonexistent or greatly diminished.


    That is a sad, tired argument - and all you can hope with it is the 'repeat it until people believe it' strategy. 'Intelectual property' rights are granted by the state for a limited period of time to encourage creation. In return for this protection, when the time expires the protected content should fall back into public domain so that the state (as in 'society at large') can benefit from them (you know, cross-polination type, or as some say 'standing on the soulders of giants'). DRM prevents that, as it does not have a built-in 'expiry date', effectively preventing the society from receiving any real benefits from allowing DRM. And don't give me that 'no DRM, no creation' crap - culture started well before DRM and Gutenberg's press did not ruin it at all, quite the contrary.

    I say that even in the hugely improbable case that the RIAA members go banckrupt from lack of DRM (although the fact that they didn't already should clue one in) - bring it on! It should lower the market access price for many producers of good music (aka artists) that nowadays have to go indie.
  26. Re:I Smell Something Fishy... by djrogers · · Score: 4, Insightful
    Apple imposes their DRM even when musicians ask not to have it applied to their music
    How in the heck did that get modded informative? The assertation merely links to a paragraph that contains the same assertion without any details, evidence, examples, or background. Jimminy Christmas - the things you folks will accept as 'evidence' and 'proof' these days is mind numbing.
    --
    Think outside the... Hey, where'd the friggin' box go?
  27. Re:Or maybe it's just a GOOD government in action. by atrocious+cowpat · · Score: 5, Insightful

    But is it going to far when you say those itunes you bought can only be played in pristine quality on an ipod? What if you opt for the zune? or if you change to a oss os? Would you want to leave your itunes behind and say "oh well, I'm not allowed to listen to those anymore"?

    Well, there's a difference between inconvenient and illegal :

    When you (legally) burn your DRM-protected AAC-tracks to an Audio-CD (from within iTunes) they are converted (without loss) to AIFF-files. Still "pristine" (i.e.: there is no further degradation from the original compression). You can now (legally) convert the AIFF-file to any other (lossless) audio-format, whatever yor player (Zune or what have you) supports. Sure, it's a shlepp, but you're absolutely allowed to do this.

    Now compare this to ripping a DVD: You could do something similar, but that would actually be illegal .

    So (to reiterate): it's not true that you're "not allowed to listen to those [songs anywhere else]" . It's inconvenient, but not illegal.

    --
    sig? Oh, that sig...
  28. Re:Or maybe it's just a GOOD government in action. by lenhap · · Score: 5, Insightful

    I think you guys are missing the whole issue here.

    Whatever your feelings on DRM (I personally won't buy anything DRM'd but do own an iPod; I use my CD collection) the regulation goverments are trying to do against Apple isn't whether they should or shouldn't have DRM, but rather whether or not they have to open the iTunes Store to competitors. The DRM would still be on every song.

    So now that we are on the same page for whats going on and in Slashdot tradition, I am going to share my unasked for opinion on this subject.

    Government to Apple: Hey apple, we know you put a ton of time and money into creating a fully integrated music/media solution for your users and were the first to really get consumers behind you...well how to put this, the other companies, nobody really wants to buy their stuff cause there are no integrated solutions for it. So do you think you could open up your online store and let everyone and their dog connect to it? We realize that this would lose you sales on your hardware which is where you make most (if not all) of your money. We also realize that when joe schmoe can't get his [insert brand] mp3 player to easily work with the store and automatically add purchased media to the mp3 player he is going to call you, despite that fact that you have nothing to do with the support of his mp3 player, thereby costing you more time and money in support. Further we understand that this will affect your image of "just works" because grandma will associate the hassle of getting her music she purchased through your store onto her [insert-brand] thereby causing damage to your image. So Apple, what do you think...you don't mind do you?

    Apple to gov: Umm...how about no...

    To me it just seems like the other companies (the ones too lazy to try to create their own fully integrated solution) are just trying to regulate their biggest competitor out of the business. What company would want to innovate like this in the future if they then have to open up everything they did to their competitors. It would be much easier to wait for the next guy to innovate and then force them to open up. Hence, resulting in further lack of consumer choice. And remember, if you don't like the choice, you don't have to take it (remember this isn't about DRM being there or not, the goverments aren't proposing getting rid of DRM).

    Just my 2c (or 2p for you Euro guys).

  29. Re:Or maybe it's just a GOOD government in action. by Anonymous Coward · · Score: 3, Insightful

    Since when is it a creator's (and what an abused term that is for the deriviative pap we're discussing) right to limit every citizen's abiity to distribute information to preserve one version of a business model for an extremely low-priorty 'product', as their distributors now call it? One of the content distribution industy's greatest victories in the modern debate over copyright and DRM is to structure the discussion in such a way to completely shut out the greater effect on everyone and limit it to 'our rights' and 'our property', 'our' refering to a tiny minority and for the most part a rich, known minority interested preserving a market over being heard. Why on this green earth should some asshole in American Hollywood, who's 'product' I revile, determine how this Canadian uses a computer, the most general and powerful machine in the history of mankind, now being shoe-horned into the role of 'media centre' to preserve their livelihood? Wake. Up.

  30. Re:Or maybe it's just a GOOD government in action. by Bobzibub · · Score: 3, Insightful

    They sure as heck can donate. And that's worth many votes.

  31. That's Right! by simpl3x · · Score: 4, Informative

    I have been using iTunes since its inception, and have just signed up for an account to download album art. I have never purchased anything, but use iTunes to burn CDs that I purchase -- fair use -- without any restrictions. I get access to music not available online, and have higher bit rates!

    Apple is the least restrictive DRM, and I don't doubt for a minute that they have fought a pretty tough battle against labels wishing for the most draconian of rights.

  32. Re:Or maybe it's just a GOOD government in action. by yurigoul · · Score: 3, Informative

    2p? You think we are British or something? Heaven forbid... No, we got cents just like the rest of ... the USA. Our civilization is developing nice and slowly towards higher standards now.