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Zune Won't Play Old DRM Infected Files
Spritzer writes "According to the EFF, the new Zune portable media player from Microsoft won't play files infected with the old Microsoft DRM. It seems that all of the 'PlaysforSure' media that has been sold and is currently being sold will not play on the Zune. In addition, Microsoft has now advocated violating the DMCA in order to transfer files to the player. Microsoft Zune architect J Allard was quoted as saying there's 'Lots of DVD ripping software out there that encodes to those formats, so the most popular formats out there, whether it's MPEG-4 or H.264, we'll support those.'" ZDNet offers up additional commentary on this revelation.
This was bound to happen. Let's see if anything good comes of it.
Palm trees and 8
This certainly looks like an excellent candidate for exhibit A in any argument against DRM.
The cesspool just got a check and balance.
It's obvious Microsoft is shooting for an iTunes-ish end-to-end solution for music, a tightly integrated store+software+player solution. It's just interesting to me that URGE and Windows Media Player aren't it to them, which shows a pretty shocking lack of confidence in their own services and products, as far as the Zune is concerned.
RealNetworks and Sandisk have already stated their intent to do something similar, which reeks like all the PlaysForSure partners aren't too impressed with this move by Microsoft.
"I'm a leaf on the wind. Watch how I soar."
-Hoban Washburn
Just think about it.. just how dumb do you think MS are?
Why can't there be legal format conversions? Why can't MS (and other DRM happy companies) release a tool that converts "old" DRMed media to "new" DRMed media...still locked to the same computer. (I realize there are other complicated permuations of DRM like getting data off of a DVD in any manner, but in terms of online purchased, DRMed media...) Wouldn't it only be "circumventing" if it stripped the DRM? I realize media companies have no incentive to do that willingly, but if MS and other compatibility challenged hardware manufacturers are serious about marketing the Zune et al., actually solving this problem for their customers would seem like an obvious step.
Although it's not the smartest tactical move, it does make some sense that Zune won't play PlaysForSure content, as it guarantees some additional revenue (beyond the PlaysForSure licensing fees MS charges those other vendors) as customers are forced to use the MS music store. It will also make customer support much more straightforward; having every aspect of this music device from a single vendor will ensure a better user experience. Personally, I think the addition of PlaysForSure would have been an effective selling point, and could have helped MS get a foot in the market's door. On the other hand, those other music services haven't been too successful, so it isn't that big of a penalty.
While the decision will surely harm MS in the short term, and completely alienate all the other PlaysForSure software and hardware licensees (probably killing the format), it would definitely improve MS's long-term prospects, assuming it isn't pulled off the market after a year of dismal sales. If history is any indication, MS will stick with it, keep improving their offerings, and eventually have something that appeals to the lowest common denominator on the market.
"I like systems, their application excepted", George Sand (French)
Oh, I don't know about that.
AllOfMP3 plays for sure (as long as the site is up).
supernova &&|| all it's vairents tend to play for sure as long as the torrent isn't comprimised.
While the legality of the former is questionable and the latter is, well, known for sure, these are still legitimite competitors to the DRM media.
-nB
To clarify legitimate competitor != legal competitor. The media companies need to understnad that if they break their own rules then they are opening the gates to others ignoring the rules a bit wider every time.
-nB
whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
Maybe when a company like Microsoft tells it's users that they have to break the law in order to view media they purchased, Congress should consider repealing the law.
I'm not sure he's advocating breaking any law, including the DMCA. He just maybe has a little different interpretation of the law than some. But neither his interpretation, nor the interpretation of those on the other side of the fence has actually been tested in court to my knowledge.
The DMCA makes a specific exception to itself for fair use provisions. In essence, it says that if you previously had a right to do something under existing copyright law, you still have a right to do that thing. What the DMCA does is ensure that DRM is protected against those trying to break existing copyright law. It says "if you break DRM for the purposes of infringing copyright, then you are breaking the law." (The fair use exception comes after the actual restrictions, but you have to read everything together to know what the law itself actually is. I'm convinced some people just stop reading once they've read the restrictions.) But since fair use is codified into copyright law, you're not breaking the law by breaking DRM. At least, that would have to be J. Allard's interpretation of the DMCA.
The ZDNet article says the DMCA makes certain exceptions, "none of which apply here." That's not necessarily true. The author is apparently assuming that breaking DRM to move your DVD's from disc to Zune or your PlaysForSure files from one device to another would not be covered under fair use provisions of copyright law. He may or may not be right, but the Supreme Court has in the past used format-shifting as an example of fair use, going all the way back to the Betamax decision. (The examples listed as fair use in the law itself are just that, examples. They do not encompass all potential fair uses.)
The DMCA is no doubt a draconian law. But a) it has not really been fully tested in court yet, mainly because the individual users it most directly affects don't have the money to pursue a lengthy court case, and b) it is open to as much interpretation as the fair use provision in existing copyright law.
The long and the short of it is I think this whole Zune thing is a big fiasco for Microsoft, but I don't necessarily agree that J. Allard is telling people to break the law.
I'm no knee jerk anti-drm demon here because I'm really trying to look at this in an agnostic way. This really bites for consumers and really instills a real lack of confidence in the whole scheme of content devices. Not only does the DRM itself kind of lock you into certain vendors, but now there is no guarantee that the content will work on a device from the same vendor. Honest to goodness I was considering a Zune, mostly because I didn't want to get an iPod because it was the trendy thing to do. But after looking at the options, I know without a doubt that the Zune is not for me. This, because of the latest news on how its tentacles get wrapped around your non-DRM files, AND there's really no way for me to be sure that MS will change its mind AGAIN about the future compatibility of its own file formats. What am I to do? I want to get an iPod, but I'm not not sure they are the answer either because now I can't be sure that if I buy music through iTunes that it won't break someday either. It seems to me that if I still want to buy legitimate music from iTunes, I need to get a pirated counterpart in a non-restricted format like MP3 or ogg, etc. so that as devices wax and wane, I'm still able to listen to my tunes...which really kinda defeats the purpose of going legit.
Even for someone who's tech savvy, the uncertainty is disconcerting...
We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
I don't know what the eMusic in the states is like, but I have a major issue with the one in the UK in that I have to hand over my credit card details before I even have half a clue what they're selling. All they offer without an account/login is the ability to... er... create an account and log in. Woudl you hand over your credit card on walking into a shop "just in case" you wanted to buy something? Keeping it secret suggests that either their catalogue is crap, they're secretive lock-in merchants (hello AOL) or (dare I say it) a scam site.
Until then, I'll fulfill my music downloading tastes with unencrypted MP3, AAC and FLAC from Bleep, Tunetribe and 4AD.
Please note: I'm not knocking eMusic or legal downloads in general (indeed, I spend about £20 a month buying tunes online compared to £0 on music two years ago). I just don't trust the way their UK store seems to be working. And yes, I did want a chance to try it out.
Moderation Total: -1 Troll, +3 Goat
-Kurt
"We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
That continues to be the premise for devices that are branded in that category, and we think that we've clearly done a lot in that program, where there's a lot of devices out there, there are a lot of services out there, there are a lot of partners, and there are a lot of satisfied customers. We like that program. We've also found that there's a category of customers that say, "Give me a brand experience, advertise it to me on television; I want to be part of the digital music revolution, and that solution [PlaysForSure] doesn't work for me."
I've accidentally tripped on an encrypted message in this statement. I'm posting it here for your own conclusions:
"We were like: we wanna copy iPod, the branding and all, but everyone wants to sue us for abusing monopoly and other such crap. So we're like: we'll make the platform and open it for anyone to license.
So we, like, waited and waited and waited and the competition never managed to outdo iPod since they are too many and they compete among each other instead of complement each other, and iPod is one: it's easy to market, and recognize.
So finally we said: well, screw antitrust cases, screw PlaysForSure: we're ripping iPod."