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The Economist, DVD Jon On Apple's DRM Stand

We have two followups this morning to Tuesday's story on Steve Jobs's call to do away with DRM for music. The first is an editorial in The Economist sent in by reader redelm, who notes that as "arguably the world's leading business newspaper/magazine" that publication is in a position to influence legal and political decision-makers who may never have heard of DRM. The Economist says: "Mr Jobs's argument, in short, is transparently self-serving. It also happens to be right." Next, Whiney Mac Fanboy sends pointers to two blog entries by "DVD Jon" Johansen. In the first Johansen questions Jobs's misuse of statistics in attempting to prove that consumers aren't tied to iPods through ITMS: "Many iPod owners have never bought anything from the iTunes Store. Some have bought hundreds of songs. Some have bought thousands. At the 2004 Macworld Expo, Steve revealed that one customer had bought $29,500 worth of music." Johansen's second post questions Jobs's "DRM-free in a heartbeat" claim: "There are... many Indie artists who would love to sell DRM-free music on iTunes, but Apple will not allow them... It should not take Apple's iTunes team more than 2-3 days to implement a solution for not wrapping content with FairPlay when the content owner does not mandate DRM. This could be done in a completely transparent way and would not be confusing to the users."
Update: 02/08 16:28 GMT by KD : Added missing links.

425 comments

  1. excellent thought by scoot80 · · Score: 2, Interesting

    get rid of DRM. maybe others will follow...

    1. Re:excellent thought by TheRaven64 · · Score: 2, Interesting
      I completely agree. There are a few tracks I've considered buying from iTMS, decided not to because of the DRM, and never got around to buying on CD. Occasionally I hear someone playing them and think 'Hmm, I should buy a copy of this,' but then never get around to it. iTMS is overpriced in the UK anyway, but expensive and DRM'd just makes it not an attractive option.

      If the indie artists who don't want DRM were able to offer their music without it (and maybe have an 'unencumbered' badge next to the track names), then I would probably buy some just for the convenience.

      --
      I am TheRaven on Soylent News
    2. Re:excellent thought by Anonymous Coward · · Score: 0

      Thoughts on Music: French Consumer Organization Agrees with Steve Jobs!
      http://www.hardmac.com/news/2007-02-08/#6407

    3. Re:excellent thought by AaronLawrence · · Score: 1

      I went a little futher and bought some tracks (about 10). I thought the iTunes process was pretty good and almost reminiscent of the good old audio galaxy days - nice fast downloads, good search.

      Then I realised that actually I don't like iTunes much as a player (wrote my own :), that I want to use them on my iRiver player, and that I can't be bothered mucking around with transferring licenses to my work PC. It's just a bunch of hassle that defeats the point of having a nice store.

      I also realised that iTunes still doesn't have a fair amount of the stuff I would like to be able to get (and have got from P2P). I'm talking about bands that are not so famous in the English-speaking world like Finnish progressive metal etc.

      --
      For every expert, there is an equal and opposite expert. - Arthur C. Clarke
    4. Re:excellent thought by Anonymous Coward · · Score: 0

      Others have already went this direction from the days long ago of MP3.com to current retailers like eMusic.

      Don't act like Jobs is onto something new here. Don't try to rewrite the history of music sales on the internet to make Apple look like the pioneers of DRM-less music.

    5. Re:excellent thought by Fred_A · · Score: 1

      I'm talking about bands that are not so famous in the English-speaking world like Finnish progressive metal etc.
      Progressive metal ?

      Am I the only one who thinks that music style names have gone completely out of hand ?

      Classical, jazz, pop and rock should be enough for anybody.

      --

      May contain traces of nut.
      Made from the freshest electrons.
    6. Re:excellent thought by Em+Adespoton · · Score: 1

      Classical, jazz, pop and rock should be enough for anybody.
      Admit it... you just don't want to fill up your 640K of memory ;)

      Oh, and "Pop" music is the music that makes the top 40... much of which is currently "Rock" music. Unfortunately, it would be quite a challenge to perform the rock and roll step after which "Rock" music of today was named to said "Rock" music.

      Personally, I listen to a fair bit of "Folk" and "World" music -- would that be filed under "Classical"? How about Baroque? Country Western? Trance? R&B? Gospel? Hip-Hop remixes? Rap? Gregorian Cantos? Avant Garde "Found" music? Beat poetry?

    7. Re:excellent thought by Divebus · · Score: 2, Interesting

      I've got it. The biggest problem is DRM is illegal to hack. Get rid of those laws globally. Problem solved.

      --

      Most of the stuff on /. won't survive first contact with facts.
    8. Re:excellent thought by Anonymous Coward · · Score: 0

      There is 25% bloat in your classification system. 'Rock' just a subset of 'Pop', obviously.

      Classical, Jazz and Pop ought to be enough for everybody. That just leaves 'Negerpunk', the jury is still out on that.

    9. Re:excellent thought by h2g2bob · · Score: 1

      By "progressive metal", I guess he means Opeth.

      If so, he has good taste.

    10. Re:excellent thought by aaza · · Score: 3, Interesting
      How about:

      You can have DRM protecting your content, or you can have copyright enforced on your content.

      This leads to any DRM'ed content with the DRM broken (which only takes time) being copyright free, and tradeable as you wish, with no recourse for the "owner", since they gave up the copyright on the notion that the DRM would protect them.

      Plus have it legal to try to break DRM, of course.

      --
      In theory there is no difference between theory and practice.
      In practice, however, there is.
    11. Re:excellent thought by Fred_A · · Score: 1

      Don't tell me there's actually something called "Beat Poetry", you made that one up.

      --

      May contain traces of nut.
      Made from the freshest electrons.
  2. All-or-Nothing by ZachPruckowski · · Score: 5, Insightful

    It's very possible that Apple's contract bans them from selling non-DRMed music alongside DRMed music. This explains why groups like Nettwerk haven't been given the option to sell their music DRM-free. Apple's got the best deal of all the music stores, they must have given up something to get it, and "all music must be DRMed" sounds very cartel-ish and would fit getting the good prices.

    1. Re:All-or-Nothing by basshedz2 · · Score: 1

      They offer non-drm'd music podcasts though - such as the Solid Steel series.

    2. Re:All-or-Nothing by elrous0 · · Score: 2, Insightful
      It's also possible that Apple doesn't really WANT to sell DRM-free music because that would mean people could play those songs on MP3 players that didn't have "iPod" on the front of them.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:All-or-Nothing by Saint+Fnordius · · Score: 2, Insightful

      From what others have written, the issue seems to be more that Apple stores the songs without DRM in its database, encrypting them only when the customer downloads. Apple probably instead refuses to invest the programming hours to come up with a solution that flags whether encryption is required or not, since it also means ensuring that there are no mistakes (songs unencrypted where the distributor demands DRM, or DRM added to a song that was supposed to be free, or retroactive release from DRM).

      I think Apple resents having to program DRM in the first place, since it eats up programming resources and complicates the software in a way that does not benefit the computer nor the user. It does nothing for Apple, but without it the Big Four would have walked away.

      The sad part is how the RIAA tried to spin Steve Jobs' rejection of Solution #2 as an offer to open FairPlay to other stores. This is a cartel that needs to be disbanded for the harm it now does to all sides. They blithely ignore that Steve was declaring that Apple would never do that because they would make themselves liable for devices beyond their control and would need to divert too many programmers from other tasks.

    4. Re:All-or-Nothing by mmeister · · Score: 1

      Also, it is an issue of management. Having to make sure this recording is DRM'd and *that* recording is not sounds like one gigantic management headache to me.

      Kudos to Jobs for publicly going after the recording companies especially given the European issues and the fact that most of these companies are European companies. They seem to want their cake and yours and mine while their stuffing their face eating their own. Greedy bastards!

      RIAA -- you want interoperability? Remove DRM. I guarantee 100% interoperability. Sadly that translates to "you want .... DRM ... 100% interoperability" in the minds of the idiot Record Execs.

    5. Re:All-or-Nothing by ZachPruckowski · · Score: 4, Interesting

      See, but that would only be a major concern if the iPod wasn't the most popular DAP already. The iPod can now survive without the iTMS because there's just so much built around it, from the "coolness factor" to the fact that about half of all DAP peripherals use the iPod dock. And iPods are still the easiest to use with iTunes, especially since you get niceties like lyrics and album art transferred over as well. DRM certainly helped Apple get where it is, but it doesn't need it to stay there.

    6. Re:All-or-Nothing by ZachPruckowski · · Score: 1

      Note that they are specifically labeled as podcasts - this just proves my point. They can sell podcasts without DRM (and it might be that they have no DRMed podcasts, I haven't checked), but they don't sell music without DRM.

    7. Re:All-or-Nothing by doctor+proteus · · Score: 2, Insightful

      Regardless, Jobs' open letter still reeks of insincerity and self servitude. He knows that the record companies will not agree to reduced DRM restrictions and so simply passes the legal and media ball to them. Apple clearly wants to appropriate blame on the record companies to stop the European Union from going after them. Apple and Jobs are great at playing the media and this is a prime example of it.

      There is a vast difference between the record companies and Apple's public relations - the record companies do not require public support to be successful businesses. Look at how much Sony screwed its customers over; only then did a boycott begin, one which probably had very little effect on their bottom line. Apple however probably want to avoid being associated with restrictive and heavy handed licensing as they can see what harm it has had on Microsoft's image. In the end Jobs' letter was a simple smoke and mirrors game to even out the blame across the whole industry, with DVD Jon's comments being proof of this.


      The problem is without more details on the agreement Apple has with the record companies, it is impossible to know if Apple are playing fair or not.

    8. Re:All-or-Nothing by nettdata · · Score: 0, Troll

      Maybe it's just that they don't have the technical infrastructure to support non-DRM'd sales?

      It's not like it's stopping Nettwerk from selling their stuff on iTunes... a quick search for obscure stuff like Download and popular stuff like Sarah McLachlan shows that they're available.

      --



      $0.02 (CDN)
    9. Re:All-or-Nothing by daviddennis · · Score: 2, Insightful

      I don't think they really care about that.

      What I do think they care about is consistency of user experience. They believe, and I think they are right to do so, that having different types of music with different usage rights confuses customers. One reason I hear for the failure of WMA is that you don't know what you can do with the file unless you read the specific license agreement for it. That alienates customers, and I think not alienating customers is what really separates iTunes from the other services.

      It also might hurt their ability to negotiate with the labels on other matters ("If you can make this change for such and such a label, well, you can make this higher price or worse term or whatever for us").

      D

    10. Re:All-or-Nothing by jonnythan · · Score: 1

      There are no music players that say "iPod" on the front of them :)

    11. Re:All-or-Nothing by plopez · · Score: 1

      Except that they still make money, when they sell you the song in the first place.

      --
      putting the 'B' in LGBTQ+
    12. Re:All-or-Nothing by ZoneGray · · Score: 1

      Yeah, but they want to sell the songs. Apple could probably make more money by selling you 20-30 DRM-less songs than by selling you an iPod. Maybe it would take 100 songs, I dunno. But using a proprietary store to leverage iPod sales is a losing strategy.

      In fact, if they could sell DRM-free songs through iTunes, they'd probably sell more iPods.

      Understand, it's only a matter of time before MySpace starts selling unprotected downloads, and that'll be a HUGE threat, both to iTunes and the major labels.

      Apple sells iPods because they're well-designed, they have a nice responsive interface, and they have lots of accessories available. I know lots of people who have iPods, some who have bought at iTunes; but I don't know a single person who says they bought an iPod so they could shop for DRM-protected songs at the iTunes store.

    13. Re:All-or-Nothing by deboli · · Score: 5, Insightful

      The iPod was first, the store came later. The iPod was successful because of an elegant hardware-software integration and not because you can buy and legally download music.

      On top of this iPods are sold worldwide while the store can only be accessed from a few select countries, further skewing the "average" calculation...

    14. Re:All-or-Nothing by conigs · · Score: 3, Insightful

      The thing about podcasts on the iTMS is that they are not stored on Apple's servers, but instead on the podcast owner's server of choice. The only thing that runs though the store is the XML file, if I understand this correctly.

      --
      Slashdot: where repeating an article in a post is "+5 Insightful"
    15. Re:All-or-Nothing by rho · · Score: 2, Interesting

      This is almost certainly the case. Jobs, as I recall, had to do a lot of talking to get major labels online with the iTMS. Just being able to put the same song on more than one computer probably took months of begging, threatening and deal-making. I know it's fun to whale on Jobs, but he really is interested in making his customers happy, and I imagine he's fully aware of how annoying the iTMS DRM is for non-technical people.

      Me, I just burn a CD-RW as an audio CD of purchased music and re-import as MP3. Sure there's a quality loss--I bet almost nobody would notice the difference. And using a CD-RW means I'm not even out the $0.10 for a CD-R.

      --
      Potato chips are a by-yourself food.
    16. Re:All-or-Nothing by elrous0 · · Score: 1

      Maybe it's just that they don't have the technical infrastructure to support non-DRM'd sales?

      Oh, give me a break! Of all the pro-Apple excuses, this has to be the lamest. Yes, I'm sure a programming behemoth like Apple doesn't have the resources to make a simple change in their software, one that even much smaller companies like eMusic have managed to implement. DVD Jon is dead-on right. They could do it in 2 DAYS if they wanted to.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    17. Re:All-or-Nothing by ZachPruckowski · · Score: 1

      There's a simple test to determine whether or not it's the RIAA who want the DRM. Does there exist a DRM-free store anywhere that sells RIAA music? eMusic is DRM-free, but it doesn't sell most RIAA songs. If the RIAA was willing to allow non-DRMed digital music, there would be someone willing to sell it, and plenty of people willing to buy it. There is no such source, so it stands to logic that it's not just Apple who want DRM.

    18. Re:All-or-Nothing by msobkow · · Score: 1

      It's very possible that Apple's contract bans them from selling non-DRMed music alongside DRMed music.

      That makes a lot of sense, plus it would simplify the distribution stream.

      If the indie artists aren't interested in any profits, there are any number of non-profit distribution mediums they can leverage, including existing BitTorrent networks for MP3's and services that only deliver "free" or "public" content.

      The indie's can't expect Apple to pick up the costs of hosting and distribution without some reasonable expectation to recover those costs and turn an overall profit. No one is in business to lose money.

      --
      I do not fail; I succeed at finding out what does not work.
    19. Re:All-or-Nothing by nettdata · · Score: 0, Flamebait

      Huh?

      I didn't say that they couldn't... but that maybe they haven't developed it yet...

      Just because they can, doesn't mean that it was worth the ROI for them to do so. Or that they have other priorities right now, like making things work with Vista.

      It could very well be a business decision to not support it.

      It could also be that there's no money to be made by doing so.

      --



      $0.02 (CDN)
    20. Re:All-or-Nothing by Karlt1 · · Score: 2, Interesting

      "Yeah, but they want to sell the songs. Apple could probably make more money by selling you 20-30 DRM-less songs than by selling you an iPod. Maybe it would take 100 songs, I dunno. But using a proprietary store to leverage iPod sales is a losing strategy."

      It is very public knowledge by now that iTunes operates at barely above break even. Let's take what we know. For every 99 cents song the record label gets 65c. Standard credit card merchant agreements calls for around 20 cents per transaction plus at least 2% of each sale. That leaves Apple at most 12 cents per song on average. Let's even be generous since Apple bundles purchases made over a short period of time to save money and they sell whole albums and say they make 14 cents per song not including marketing, development, and support.

      It's also popularly believed that Apple makes about 40% profit margins on average on each iPod sold (search Google). If the average selling price of all iPods is around $200 (http://www.bloomberg.com/apps/news?pid=10000103&r efer=us&sid=a2Skp1Y.djTA) that means Apple makes $80 off of each iPod sold. Apple would have to sell 1429 songs to equal the profit of one iPod.

    21. Re:All-or-Nothing by mgblst · · Score: 1

      It would theoretically take 5 minutes to initiate this change, by someone who knows the itunes backend. Probably even less. (That is, if they add DRM on the fly, as someone early suggested, which seems crazy) If they encode all files as they get them, it would probably take a few days longer. None of this is technically difficult. Surely someone on slashdot should be able to see that.

    22. Re:All-or-Nothing by ogmundur · · Score: 1

      The user experience already is just as inconsitent as it is for WMA, the files you purchase are locked down whereas the files you rip off your CDs are free.

    23. Re:All-or-Nothing by sdo1 · · Score: 0, Troll

      >I just burn a CD-RW as an audio CD of purchased music and re-import as MP3.

      So you take a lousy quality 128 kbps file, convert it to .wav (which is what burning it), then re-encode it again in .mp3 (probably with the lousy encoder built into itunes). I take it sound quality is pretty low on your priority list, huh?

      -S

      --
      --- What parts of "shall make no law", "shall not be infringed", and "shall not be violated" don't you understand?
    24. Re:All-or-Nothing by flitty · · Score: 1

      I'm sure this is the case. If i was a record company (heaven forbid) I wouldn't want to have to peruse the iTunes website constantly to make sure apple was keeping up with the DRM on MY songs. It's easier for them just to lock down all the songs. Perhaps Apple could create another store with no DRM, but that's another story.

      I'm sorry, but there are people out there who don't want to be stuck to an iPod (many /.ers) so they don't shop on iTunes, because they know better. But i would think that a lot (majority) of people who buy on iTunes don't give a damn if they have to use an iPod for the rest of their lives to keep those songs they bought. They want something to play their music, they like their iPod, so they see no reason to switch to another music player.

      --
      Whether or not there is some sort of god, I'm not supposed to say/god is a word and the argument ends there-Smog
    25. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Depends on the iPod, clearly -- songs are 99 cents each, generally. The cheapest iPod is the shuffle, at 79 bucks. So for the very cheapest iPod available, it would take 80 songs for them to make more off the songs than the player. For an "average" iPod, like say a 30 GB model, it is much more.

      Of course, this is assuming 100 percent profit on both iPod and songs, which we know is not the case -- I'm willing to bet that the margins on the iPod are a lot higher than the margins on the songs -- I don't have real numbers to back that claim up, but manufactured hardware usually costs a LOT less to make than what it retails for, whereas most of the money you pay for an iTunes download probably goes straight to the greedy music giants.

    26. Re:All-or-Nothing by Zenaku · · Score: 0

      It wouldn't be remotely difficult at all. It isn't like they'd be keeping track of it with a chalk board and a system of post-it notes.

      There is this thing called a "database" that the iTunes store almost certainly uses, and adding a new column to it for "DRM exempt or not" takes about as much effort farting after a good bowl of chili. Now I've never seen the code for the iTunes music store servers, but as a software engineer I can't imagine this taking more than an hour of development time.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    27. Re:All-or-Nothing by squiggleslash · · Score: 1

      He said non-DRMed, not non-profit.

      --
      You are not alone. This is not normal. None of this is normal.
    28. Re:All-or-Nothing by jythie · · Score: 1

      I will always be amazed when people who have no clue how something is implemented claim that the know how long it should take to change something.

      I've worked on quite a few projects that management, marketing, or other programmers have said 'this should be easy! I can't see why it wouldn't take you more then a week!', but given how the code is structured it ends up taking months.

      Maybe fairplay is heavily integrated with the server process, maybe the system is set up to only support a single path and thus implementing multiple download types is a complete rearchetecturing. The point is, you don't know.

      And just because apple has tons of programmers does not mean that simple numbers will make it a quick project either. There is a law of diminishing returns on any software project as you add people. A project that might take 100 man hours for a single person will rarely take 50+50 man hours for two people...

    29. Re:All-or-Nothing by glenrm · · Score: 1

      simply passes the legal and media ball to them
      That is where the ball belongs.
      He also makes it clear that the European Union is working in the interest of their corps and not their people.

    30. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Where do you get this infomation from? I worked for a company that sold the major labels content. We were not bound by this and we actually did sell mp3's along side of protected content. Now unless Apple negotiated WORSE contracts than our small company did, its not saying much.

    31. Re:All-or-Nothing by mmeister · · Score: 1

      For the record, nothing (outside of fixing a label typo) ever takes an hour of development time, especially in an existing older code base.

      It's easy to claim how simple the solution is, but we don't know how the whole system works -- so any guess as to the "amount of effort" is nothing more than farting after a good bowl of chili.

    32. Re:All-or-Nothing by Saint+Fnordius · · Score: 1

      Actually, encoding DRM on-the-fly isn't that crazy, since the DRM scheme means each customer has an individual key. Pre-coded DRM means every user has the same key, and that would defeat the purpose of DRM. Therefore the files are stored unencrypted, and aren't encrypted until purchase with the customer's key.

      Adding a flag to the backend file might be feasible, but if it hiccups then Apple is at risk of angering either the customer ("This was supposed to be DRM-free! What gives?") or the studio bosses ("How dare you let those kids get a DRM-Free version of Madonna?!?"). If I was Steve Jobs I'd avoid investing the time implementing this and push for ditching DRM as well.

    33. Re:All-or-Nothing by advocate_one · · Score: 1

      iPods are not cool anymore, they're too common, chavs have them... that's enough of a downer on the coolness factor itself... in fact, the very word iPod is being used as a generic to describe all small form factor portable music players... the only way to have a "cool" iPod these days is to have hacked it to run Linux

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    34. Re:All-or-Nothing by mgiuca · · Score: 1

      It's very possible that Apple's contract bans them from selling non-DRMed music alongside DRMed music.
      Oh I get it. Like GPL, only evil.
    35. Re:All-or-Nothing by Zenaku · · Score: 1

      Hence my disclaimer that I haven't seen the code, and inclusion of the qualifier "I can't imagine." I'm going to give Apple's developers enough credit to assume the codebase isn't total shit.

      Whether the time for the fix is one man-hour or one month, the assertion that keeping track of which songs need DRM and which don't is somehow a monumental technical obstacle requiring a herculean effort to overcome is patently ridiculous.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    36. Re:All-or-Nothing by MyOtherUIDis3digits · · Score: 1

      There is a law of diminishing returns on any software project as you add people. A project that might take 100 man hours for a single person will rarely take 50+50 man hours for two people...

      The was covered extremely well in The Mythical Man-Month. A very interesting read.

      --
      Ignore anything I said above, I actually agree with everything you believe - mod accordingly.
    37. Re:All-or-Nothing by wolrahnaes · · Score: 1

      I can't say if this is still the case, but for a while the DRM was added on the client side. This is how PyMusique/SharpMusique worked, they were just iTMS clients that "forgot" to add DRM.

      From Apple's end, it was a good thing because the encryption wasn't loading down their servers, but the obvious security flaw was that they should never have trusted the client.

      I imagine this has changed, since neither of these programs work anymore.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    38. Re:All-or-Nothing by kwerle · · Score: 1

      From what others have written, the issue seems to be more that Apple stores the songs without DRM in its database, encrypting them only when the customer downloads. Apple probably instead refuses to invest the programming hours to come up with a solution that flags whether encryption is required or not, since it also means ensuring that there are no mistakes (songs unencrypted where the distributor demands DRM, or DRM added to a song that was supposed to be free, or retroactive release from DRM).

      I think that's the biggest issue: if you allow songs to not use DRM, then someone who wants DRM will screw up and post it incorrectly and not get DRM.

      Cost of adding DRM to songs that don't want/need it? Some whining on /.
      Cost of failing to add DRM to songs that need it (even if it isn't Apple's fault)? Labels unhappy, threaten to leave, etc, etc. /. whiners lose.

    39. Re:All-or-Nothing by dwandy · · Score: 1

      It does nothing for Apple...
      It creates hardware/vendor lock-in that doesn't exist otherwise. (we can debate exactly how effective this has been, but it exists nonetheless.)

      ...but without it the Big Four would have walked away
      Maybe initially.
      But now that Jobs controls the largest music store and sells the most popular player, I'd say he *could* have re-negotiated. After all it's my understanding that he fought tierd-pricing ... he could have fought DRM as well.

      imho? it's not in his interest. He likes the vertical tie-in regardless of how little we perceive the impact to be. And he doesn't see anyone *not* buying an iPod b/c of it (that's me, but he doesn't and can't possibly know that)

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    40. Re:All-or-Nothing by ZachPruckowski · · Score: 1

      First of all, as I made clear in the post, I was guessing as to possible terms of the hidden contract. Without knowing the terms of the Apple contract or your contract, it's impossible to say which contract is better or worse, and even with all the terms, it's probably a wash.

    41. Re:All-or-Nothing by pkulak · · Score: 1

      I think the problem is exactly that the encryption is done by the client, not the server. This means that before a song can be guaranteed to never have DRM applied, there has to be 100% penetration of an iTunes update, which will never happen. So, the best they could ever say to an indie label is, "Your song won't be DRMed on some percentage of computers that download it." Maybe people would be okay with that, but it could also be a big headache for Apple.

    42. Re:All-or-Nothing by mgv · · Score: 1


      It would theoretically take 5 minutes to initiate this change, by someone who knows the itunes backend. Probably even less. (That is, if they add DRM on the fly, as someone early suggested, which seems crazy) If they encode all files as they get them, it would probably take a few days longer. None of this is technically difficult. Surely someone on slashdot should be able to see that.


      There is a very obvious reason why they encrypt on the fly, rather than pre-encrypt.

      If you pre-encrypt the music, each song goes out the same. Which means that it has the same decryption key. So you could play it on every copy of iTunes. (Unless you are assuming that iTunes works on an honour system, which it doesn't).

      By encrypting on the fly, only my authorised computers have the decryption key; and apple will only authorise 5 copies at once (although you can reset this once a year). Of course, you could share your copy of iTunes decryption key (assuming you know how), but that is alot more hassle than just sharing the files....

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    43. Re:All-or-Nothing by prockcore · · Score: 1

      Well, Sony and EMI sell non-DRMed singles on yahoo's store.. but those same singles are DRMed on Apple's store.

    44. Re:All-or-Nothing by mmeister · · Score: 1

      You preface something with "I can't imagine" and then claim it can be done in an hour. I'd hate to manage a project with that type of estimating.

      And of course you ignore any possible legal obligations that might be included in all that. I'm sure RIAA would want regular auditing of their DRM'd music to insure it didn't slip through the cracks. There's more to coding than just coding.

      I love how folks are attacking Jobs for not doing the extra work to split out the DRM and non-DRM as a response to his call for removing DRM all together. If the goal is to remove DRM, managing both DRM and non-DRM is wasted man-hours.

      So Steve says "Get rid of DRM" and the response is "Damn you Steve, why don't you do extra work and manage both DRM and non-DRM. The logic is baffling at best.

    45. Re:All-or-Nothing by ajs318 · · Score: 1

      Also, it is an issue of management. Having to make sure this recording is DRM'd and *that* recording is not sounds like one gigantic management headache to me.
      ALTER TABLE `songs` ADD COLUMN `use_drm` ENUM("Y","N") DEFAULT "Y"; That wasn't difficult, was it?
      --
      Je fume. Tu fumes. Nous fûmes!
    46. Re:All-or-Nothing by blackmonday · · Score: 1

      I'm in an independent band, and we sell 2 albums on iTunes. We would switch to DRM-free in a second. I think Stebe is really getting the ball rolling here, and I applaud him for that. It must irk him that some people label him the bad guy, and he's basically saying he's tied down due to contracts and only public opinion (and the $$$ that ensues) will change the big 5 label's minds.

      On an offtopic note for a quick sec, the best company on planet earth is CDbaby.com. They got Los Creepers on iTunes, and keep very little of the money, even though they are the standard gateway for independent bands to get on iTunes. Please support them if you can!

    47. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      All of their catalog, or just a few experiments?

    48. Re:All-or-Nothing by mmeister · · Score: 1

      Statements like this make me fear the software you folks work on. Never mind potential legal issues. Never mind QA. Never mind maintenance. Never mind existing workflows. Never mind anything but a quick SQL statement. I pray you don't really work like this.

      In typical Slashdot fashion, rather than joining Jobs in the fight to kill all DRM, you focus on this issue. It's no better than RIAA's take that Jobs should just license FairPlay. The argument has been completely wasted.

    49. Re:All-or-Nothing by RalphBNumbers · · Score: 1

      I'm still undecided as to weather that's really a good idea in the long run. In immediate personal terms , it would be a nice option to have, and might even spur me to finally get an iTunes account. However, looking at the bigger picture, there are a few issues that worry me.

      First comes the legal situation; As the parent mentioned, it is quite possible that Apple's contracts with the big 4 record companies require that their competition not be allowed to sell through iTunes with better terms than they receive, and selling without DRM could certainly be considered better terms for the customer. I'd certainly have considered putting something like that in if I were a record company exec or lawyer.

      Second is complexity for the user; DVD Jon says "This could be done in a completely transparent way and would not be confusing to the users", which is both misleading and false imho.
      Microsoft's implementation of variable 'squirting' privileges for their Zune music was completely transparent to users... that was the problem! People were buying some songs with less than the advertised access privileges, and had no method of figuring out which ones they were other than trial and error. How much more confusing for the user can you get?
      The goal of adding DRM free music isn't to be user transparent, but to make the user aware that some songs can now be used more freely than others. And that new class of music that is paid for and downloaded online, yet can be used freely, inherently adds complexity to the user experience. It's not all that much, but simplicity and consistency are the often overlooked secrets to apple's recent success imho, and they should never ever be sacrificed without serious consideration.

      And finally, there is also the question of leverage. If Apple maintains an all-or-nothing stance on DRM, they could conceivably turn any one of the big 4's caving in into *all* of the big 4 allowing DRM-less sales, just by converting iTunes to be entirely DRM-free and forcing the remaining labels to either go DRM-free of loose millions of dollars and priceless mind/market share by being locked out of iTunes while their competition profits from it.
      Going DRM-less piecemeal, with no ally among the majors, could easily dilute Apple's leverage against the big 4 labels, and let them hold on to many of their demands for DRM much longer.

      When you stop to think about it, the indy tracks people are demanding Apple provide DRM-free right now are already available elsewhere without DRM (and since they're DRM-free, there's nothing stopping you from putting them in your iTunes/iPod yourself), and they're generally already available on iTunes as well with DRM as well. Getting them on iTunes without DRM is a fairly insignificant battle, and if winning it could potentially cost us the ability to truly win the war against DRM in any reasonable timeframe then it just isn't a battle worth fighting right now.

      --
      "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
    50. Re:All-or-Nothing by Zenaku · · Score: 1

      I love how folks are attacking Jobs for not doing the extra work to split out the DRM and non-DRM as a response to his call for removing DRM all together. If the goal is to remove DRM, managing both DRM and non-DRM is wasted man-hours.

      So Steve says "Get rid of DRM" and the response is "Damn you Steve, why don't you do extra work and manage both DRM and non-DRM. The logic is baffling at best.


      That's not what I or anyone is saying (and you know it). Getting rid of DRM altogether would be fantastic. The whole point of this tangent is that when Steve says it, I am skeptical of the notion that he means it sincerely. It makes him look good, as if he's being forced to use it by the copyright holders, but plenty of the tunes sold by iTunes store have DRM even though the copyright holder doesn't require it -- Apple puts the DRM on just the same.

      Pointing out that it wouldn't be difficult to skip the DRM when it isn't required is a point that is being presented as evidence that Steve is either being less than forthright about his views, or being something of a hypocrite. It's not being presented as something that would be better than what he suggests.

      So stop with the straw men.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    51. Re:All-or-Nothing by AndersOSU · · Score: 4, Insightful

      Apparently the argument isn't as transparent as the Economist says, (or maybe I'm just a bit tin-foilly today) but Jobs is a PR genius. If comes out against DRM, maybe he gets the French off his back, knowing full well that the RIAA will never allow him to sell non-DRM music. He's counting on not having to switch in a heart-beat. This way, he not only gets to look like "a champion of consumer rights," but also gets to maintain his lock in.

      Apple would be fine without DRM, but the are better off with it - and even better with it while saying the don't want it.

    52. Re:All-or-Nothing by AndersOSU · · Score: 1

      I've been wondering about that. Why the hell hasn't myspace done so already? It's a no brainer, (wait - did I just answer my question?) sell indie music for whatever the artist wants to charge, with a minimum price to cover bandwidth, and take a 20-80% cut.

      The only danger is the guy who misrepresents the music as original - but I'm sure that NewsCorp's lawyers can find a clever way of shielding them from liability - after all the responsibility should lie on the seller to verify that he has the right to sell it.

      Not only that, but if such a system were in place I might actually look into it. Any rating, ranking scheme would become more credible if people were actually paying for stuff. For instance - I like band A, what other music do people who buy band A pay for?

    53. Re:All-or-Nothing by mmeister · · Score: 1

      As a business owner, I see the logic in an all or none option. Why should I invest in mixed approaches when I'm trying to kill DRM.

      We also don't know any legal requirements set by the record labels on Apple. Remember, they want a tight reign on their distribution. I'm sure there are all kinds of releases that need to be filed and kept on hand.

      And we also don't know what Apple will do in the future. Maybe as part of his argument, Apple will take the extra effort and start offering some songs DRM free. The response of a simple SQL statement is just silly, or conveys a lack of understanding of the the business world and the legal ramifications for a company as big as Apple. Even if it were just a simple SQL statement, I'm sure a dozen lawyers would have to sign off, policies would have to be written up, and lots of other goodies that are totally ignored.

      So, rather than trying to read Steve Jobs' mind -- I'll take him at his word until he demonstrably shows something that is not beneficial to my point to view: that DRM should go away.

    54. Re:All-or-Nothing by Wordsmith · · Score: 1

      Um, no.

      The mistakes thing is such a red herring. There is no reason to believe mistakes would be remotely likely. It's a flag in the database - "DRM? yes" or "DRM? no," or something similar. The system can keep track of whether a track's sold in a given country, of when its release date is, and of all sorts of other conditions important to the labels. Why should this be any different? You're no more likely to order a DRM track and get it DRM-free than you are to order a Bob Dylan track and get Kelis (if that latter one happens, I recommend suing Apple for emotional distress).

      Mistakes are always hypothetically, theoretically possible, but we trust the system to handle lots of other equally or more important details - including our payments for transactions. Why would this be different?

    55. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Well, first you do a blind test to see if you can even tell the difference between the original 128 AAC and a re-encoded 128 AAC. If you can, and it bothers you, then you re-encode at a higher bitrate or with Apple Lossless.

      You never bother with MP3, as it's ancient crap by now.

    56. Re:All-or-Nothing by Lord+Ender · · Score: 1

      The iPod was successful because of an elegant hardware-software integration

      Ha! That's a laugh. The iPod requires some stupid Windows service to be running at all times. When you connect it to a PC, it launches the entire iTunes UI to do the synching instead of doing it in the background. And the UI itself is slow and unresponsive.

      Things could have been done FAR better than Apple did (on PC).
      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    57. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Because accidentally sending the wrong track results in Apple fixing the situation by also giving you the correct track. (Seen it happen.)

      Accidentally sending a DRM-required track without DRM results in Apple getting sued, and the Big-4 labels pulling their entire catalog from the iTunes Store.

      In short, one of them results in a minor hassle, the other results in major expenses, and potentially losing the majority of the content in the iTunes Store.

    58. Re:All-or-Nothing by Lars+T. · · Score: 1

      iPods are not cool anymore, they're too common, chavs have them... that's enough of a downer on the coolness factor itself... in fact, the very word iPod is being used as a generic to describe all small form factor portable music players... the only way to have a "cool" iPod these days is to have hacked it to run Linux And yet, the iPod still outsells the "buy me, it's uncool to have an iPod" players more than ten times.
      --

      Lars T.

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

    59. Re:All-or-Nothing by Lars+T. · · Score: 1

      Well, Sony and EMI sell non-DRMed singles on yahoo's store.. but those same singles are DRMed on Apple's store. Don't you mean "personalized" (IOW tagged to you) songs by the likes of Jessica Simpson? For twice what they cost on the iTS?
      --

      Lars T.

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

    60. Re:All-or-Nothing by Zenaku · · Score: 1

      Listen, we're on the same side, and I think we're arguing just because we are considering the question from very different perspectives. When I said that it would not take much effort, I was making a statement about the level of technical difficulty involved, which is very close to none.

      I apologize if I said it more snidely than I should have, but when you called it a "big management headache" to keep track of which songs were DRMed and which weren't, I instictively keyed to the actual development tasks (managing data, not managing people). And I said "development time" specifically to exclude QA and so on. It really is a very simple issue from a technical perspective -- and by the way, plenty of things more substantial than fixing typos do take less than an hour of development time.

      As for other legal considerations, hey -- you're right. For all we know Apple has agreed to DRM everything in order to strike a deal with the big 4, even though the big 4 have no right to demand copy-protection on songs they don't own. I wouldn't be surprised by this, but it's a whole other discussion that I didn't want to get into -- I mean, what are the legal ramifications of striking a deal with party A to apply DRM to party B's property? Not my area of expertise.

      The lawyering and writing of policies is par for the course in a large company. I'm sure some things would have to change, but it isn't as if the filing of releases and paperwork aren't already a part of the existing process, and it certainly isn't as if there is a separate resale agreement for every track or even every artist. I'm pretty sure it's per record label. Fact of the matter is that if Apple hadn't wanted to promote DRM for their own purposes, they could have built it from the beginning to add the DRM only where required. I know that there is way more involved than just building the system. . . but with my limited powers of guestimation, I don't see the difference in effort being substantial enough to warrant applying DRM to everything, rather than to only the music from the companies that have stipulated it.

      Now does all this mean that Steve is absolutely lying? No -- I can't read his mind either. And on top of that, Steve Jobs and Apple Inc. aren't the same entity. All I'm trying to say is that there is some evidence to suggest (not prove, mind you) that he may not be sincere, and that I happen to doubt his sincerity.

      If you want to take him at his word, that's fine. It's also a perfectly reasonable position. But please stop implying that doubting him is somehow unreasonable.

      --
      If fate makes you a motorcycle, you become a motorcycle.
    61. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Not true.

      They have, on several occasions, made the iTunes Store inaccessible from an older version of iTunes. They started doing this with version 4-point-something.

    62. Re:All-or-Nothing by Durandal64 · · Score: 1

      They don't sell podcasts (they're all free, I think) or license them from anyone. They just provide a directory in which people can list their podcasts. What a band chooses to put in their podcast is entirely within their discretion. If the band wishes to give their music away, they're free to do that, provided their label doesn't mind.

    63. Re:All-or-Nothing by shmlco · · Score: 1

      It's not a threat to iTunes (I assume you mean iTMS, the store and not the software). As explained above in detail, Apple makes it's money from the hardware. As such, having more content to fill up iPods is "a good thing".

      An analogy is the hardware companies that have embraced open source software. They too are in the business of selling hardware, and having a lot of free software customers can use to fill up those boxes only helps their bottom line.

      Besides, on a per-item basis, Apple make more money off games, TV-shows, and movies, and the later of the two fill up players and hard drives even more. If MySpace wants to give away or sell cheap music then I doubt Apple cares all that much, other than to ask you if you're going to need the 80 or 120GB model to hold it all...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    64. Re:All-or-Nothing by Durandal64 · · Score: 1

      iTunes DRM is applied by the client, which means that the client would have to pull down a "DRM/no-DRM" flag from the server in order to determine how it should procede. Of course DVD John would love this, since he has a business dedicated to cracking iTunes and other DRM. This way he could just intercept the flag and switch it to "no DRM" all the time. And then guess what? Apple has to find a way to fix it within a few weeks, or the labels pull their catalogues.

      I can't believe people have the audacity to accuse Steve Jobs of being self-serving when DVD John is talking about how great it'd be if Apple adopted this system whereby he could prevent DRM from even being applied to store purchases just by flipping a bit. This would be great for DVD John, since he'd have a consistent vector of attack. The flag would always have to be transmitted. Apple might "fix" his hack by hiding it somewhere, but then it's just a matter of finding out where it's hidden, not a matter of coming up with a completely new method of attack.

      How about DVD John puts his money where his mouth is and publicly states that he will not try to crack a DRM/no-DRM flag system if Apple implements it?

    65. Re:All-or-Nothing by shmlco · · Score: 1

      As has been stated, whether or not a database "flag" existed it would have to be transmitted in the download to iTunes so that iTunes knows that it needs to encrypt the file. And that opens it up to a crack like inserting, say, a proxy that zaps the flag in transit, making all music DRM-free.

      So now we need to authenticate or sign the file and flag, check back and validate with iTMS, and/or something else, all of which, I guarantee you, will take more than "an hour" to program and test.

      And God save us from developers who spend all of an hour "patching" a system, since that pretty much guarantees they've failed to consider all of the ramifications of their actions.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    66. Re:All-or-Nothing by ChaosDiscord · · Score: 1

      What I do think they care about is consistency of user experience.

      Damn straight! They should finish the job and give a completely consistant experience. Right now I've got on my perfectly average iPod* 22 DRMed songs and 978 non-DRMed ones. When I manage that collection iTunes I can burn unlimited copies of 978 of them, but not 22 of them. This is much too confusing! Fortunately this is easy to fix. If you import MP3 into iTunes it should transcode them to AAC with DRM. And if you rip your own CD using iTunes, it should apply the DRM as well. I'm tied of all this inconsistency in my collection; I demand that Apple make all of my music less useful so I don't have to worry my little head about it.

      * Perfectly average iPod may not actually exist.

    67. Re:All-or-Nothing by Durandal64 · · Score: 1

      I was thinking about this last night, and it seems to me that tying the iTunes Music Store to the iPod isn't really so much a way to lock consumers in as it is a bludgeon to use in negotiations with the RIAA. Jobs says that this lock-in doesn't benefit the consumer, and they don't derive enough profit from the "lock in" sales to make it worthwhile. But when he can walk into a room with all the big labels and say, "iPods are freakin' popular, and I've got the only way of putting legally-downloaded music on them", he has instant leverage. That's probably why he was able to keep the song price at $0.99. The labels can't go to another download service if they want to put DRM'ed music on iPods. They have to go to Apple, and they have to actually negotiate, rather than just steamrolling over the opposition until they get their way. So it's a lock-in, but it's primary purpose is not to force customers to keep buying iPods; it's to force the record labels to keep coming back to Apple.

    68. Re:All-or-Nothing by ChaosDiscord · · Score: 1

      Apple probably instead refuses to invest the programming hours to come up with a solution that flags whether encryption is required or not,

      So you're arguing that Apple is too lazy to put in hard work to make the end user experience superior? I find that hard to believe of the company that it trying to reinvent the voice mail experience, that wrote a full PowerPC emulator so they could switch processors, that built a new operating system from the ground up.

    69. Re:All-or-Nothing by prockcore · · Score: 1

      iTunes DRM is applied by the client


      No.. it is not. We already have the AES keys iTunes uses to talk to the store.. you think we wouldn't be having an anti-DRM party if the store sent out unprotected AACs?!
    70. Re:All-or-Nothing by ajs318 · · Score: 1

      I'm not really sure Steve Jobs is campaigning against DRM. It benefits him that iTunes users are locked into the iPod.

      The point is, it wouldn't be that hard to keep track of restricted and unrestricted songs; there is already a database, fields can be added to a database, and the DRM-wrapping happens at download time.

      My guess is that The Major Labels won't co-operate with Apple if they start offering unrestricted tracks from independents. One, because there's an outside chance that a track might erroneously be sold unrestricted. Two, because they aren't keen on those young upstart indie labels anyway, with their emphasis on the music, and this is just a good way for them to throw their weight around. And three, because the existence of any unrestricted music at all (unless it's being pirated right, left and centre ..... which it won't be) would lead people to question, perhaps out loud, why music needs restricting at all?

      I think this is only going to be resolved when countries with strong consumer laws take up against Apple and The Major Labels; whichever way you look at it, it's anticompetitive behaviour. A whole succession of people taking digital audio players back to the store because they "don't work", might be enough to turn things around ..... the industry might try to spin it as though you shouldn't expect 8-track cartridges to play on a turntable, but that argument is weak. And in the present political climate, something like anticompetitive behaviour on the part of entertainment companies isn't likely to be taken terribly seriously.

      --
      Je fume. Tu fumes. Nous fûmes!
    71. Re:All-or-Nothing by daviddennis · · Score: 1

      I think it's at least somewhat interesting to note that this is in fact what Microsoft does when you rip a CD to WMA using their software.

      Your point is well taken, but Steve is thinking about his overall music store experience, and I think in that context he's basically thinking as I say in my original message.

      D

    72. Re:All-or-Nothing by Durandal64 · · Score: 1
      FairPlay. From the entry ...

      In March of 2005, it was revealed through a front end of the iTunes Music Store called PyMusique that the FairPlay DRM was added only as a song was being purchased from the store by the client software itself.
      Has this changed? Besides, even if the store sends out an unprotected AAC, there are plenty of methods to hide that AAC in memory and make it next to impossible for anything but iTunes to reconstruct. You could randomly store different parts of the song in different parts of memory, so one part could be stored in a local variable, another in a global variable, still another in static storage in a calling routine, etc ...
    73. Re:All-or-Nothing by prockcore · · Score: 1

      Has this changed? Besides, even if the store sends out an unprotected AAC, there are plenty of methods to hide that AAC in memory and make it next to impossible for anything but iTunes to reconstruct.


      Yes, it has changed... and hiding in memory means nothing since TCPFlow and many other packet sniffers can get the file as it's being downloaded.
    74. Re:All-or-Nothing by rho · · Score: 1

      Tell you what. I'll set up a double-blind test, with a large selection of different kinds of music, covering both kinds of compression. I'm willing to bet you couldn't tell the difference statistically different from random guessing. Most people couldn't, especially with the kind of listening environments most people experience.

      Would you take that bet? How much would you be willing to bet?

      --
      Potato chips are a by-yourself food.
    75. Re:All-or-Nothing by Durandal64 · · Score: 1

      Do you have a reference as to how exactly this has changed? And can TCPFlow get through the secure session which iTunes establishes with the store? Shouldn't it only pick up encrypted packets?

    76. Re:All-or-Nothing by centuren · · Score: 1

      Compare this, however, to the software Sony produced for their Net MD Minidisc players. It looked terrible, ran terribly, and required converting to atrac3 everytime it moved a song to a Minidisc (which I think could only be done three times per song). I still have my MZ-N1 player, and I love it's design and usability as a portable player, but it's sitting in a box in my closet while an ugly ipod sits on my desk.

    77. Re:All-or-Nothing by mstone · · Score: 1

      ---- After all it's my understanding that he fought tierd-pricing ... he could have fought DRM as well.

      I think your perspective is a little off.

      Yeah, Steve fought tiered pricing. That was something the labels wanted to add to the existing agreement. In other words, he had to hang tough to keep the labels from making things any worse.

      It's only now, in the aftermath of his having won the fight that people think Apple is strong enough to dictate policy. Before the results actually came down, a lot of people were certain that Apple would lose that particular fight.

      In fact, Edgar Bronfman not only wanted (and expected to get) tiered pricing, but also a cut of every hardware sale. Universal got exactly that when it dragged a $1-per-Zune fee out of Microsoft, and its CEO was quoted as saying something to the effect of, "everyone knows your customers are thieves, so you should darn well pay for it." We've also heard recent comments from MPAA members saying, "We won't put movies on the iTunes store because Apple's [permissive] attitude toward DRM scares the crap out of us."

      I don't think Apple had the clout to dump DRM at the last contract negotiation. And even if they did and had won, it would have screwed their chances to negotiate with the MPAA.

      If Apple does have to shut down some nation-specific iTunes stores for legal reasons, that will be another bargaining chip in Apple's favor the next time contract negotiations roll around.

      And as a personal aside, I find the comments made by the RIAA and the minister from Norway to be really annoying: "Gee, Apple has lots of smart folks.. they should cope with all the headaches of developing and maintaining a security system that will be distributed among any number of vendors because we want them to. But don't expect us to do anything about it except sit on our butts and complain."

    78. Re:All-or-Nothing by taoman1 · · Score: 1

      I think you've got it exactly right. It's good PR and Jobs is all about that.

      --
      Where is the Undo button for my life? Not to mention the Esc key.
    79. Re:All-or-Nothing by toddestan · · Score: 1

      Well, what about non-RIAA music? A simple test would be to find some music sold by Apple that has DRM on it, but is available (legally) elsewhere without the DRM. Stuff like this exists, thus it stands that Apple would probably sell RIAA music with DRM on it, even if the RIAA didn't require the DRM, provided Apple thought they could get away with it.

    80. Re:All-or-Nothing by tgibbs · · Score: 1

      So you take a lousy quality 128 kbps file, convert it to .wav (which is what burning it), then re-encode it again in .mp3 (probably with the lousy encoder built into itunes). I take it sound quality is pretty low on your priority list, huh?


      If it was all that high, I wouldn't be using any kind of compressed format, or listening to it on a portable player with dinky little earphones--I'd be playing the CD (or maybe even vinyl) on my expensive home stereo.
    81. Re:All-or-Nothing by prockcore · · Score: 1

      I love how folks are attacking Jobs for not doing the extra work to split out the DRM and non-DRM as a response to his call for removing DRM all together. If the goal is to remove DRM, managing both DRM and non-DRM is wasted man-hours.


      I love how mac apologists are scrambling to come up with reasons why Apple can't offer DRM-free music.

      What happens when the labels say "ok.. you can sell our music DRM free" and Sony says "not ours"? Will it be OK to keep DRM on everything because running a fucking store is "hard"?
    82. Re:All-or-Nothing by msobkow · · Score: 1

      You're missing the point. Apple protects their and their partner's revenue stream with minimal DRM.

      Asking them to sell products without DRM fits their supply chain like demanding that a warehouse open a bazaar-style shop front because you don't want to deal with a warehouse.

      Find a bazaar.

      --
      I do not fail; I succeed at finding out what does not work.
    83. Re:All-or-Nothing by mmeister · · Score: 1

      Typical slashdotter. Anyone who doesn't agree with you must automatically be an Mac apologist.

      Of course all I did was point out that it's probably a bit more complicated that the "hour of work" claimed. But since most don't even RTFA, why should I expect them to RTFComment before actually responding to it.

    84. Re:All-or-Nothing by steve_bryan · · Score: 1

      He knows that the record companies will not agree to reduced DRM restrictions and so simply passes the legal and media ball to them.

      I'm trying to imagine what thought process could be present in your head when this statement is made. Assuming your premise is true how can you find anything objectionable in the conclusion? If the record companies really were adamant in their refusal then how is the letter simple smoke and mirrors ? How would knowing more details of the agreement between Apple and the RIAA change anything if the premise is true?

      Remember when the iPod was introduced Apple's idea of copyright protection was a simple message of Don't Steal Music. No scrambling, no encryption or keys. Even with the iTMS the main source of music for iPods is and always has been completely DRM free digital music from CD's. Electronic distribution may be the future and it was probably a wise allocation of resources to differentiate the iPod from other players and as a hedge against that possible future. But make no mistake about it, the iPod is built on a foundation of DRM free media. Extending the DRM free characteristic to the iTMS will make life easier for Apple and its customers. Anyone who thinks the iPod would be an easier competitive target with electronic distribution of DRM free music has simply not been paying attention.

    85. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Apple has NEVER released profitability numbers for iPods or iTMS and what little numbers they have released can many different things to many different people. The common knowledge you speak of is people repeating the same thing over and over again trying to infering that it must be true.

      One case in point, see those iPod commercials and ads? Did the money to make and show those commercials come from the iPod profits or the iTMS profits? You don't know do you? How about the Pepsi/music download give aways? Do an audit of a small company that sells multiple products some time and you will see exactly how easy it is to move profits and expenses around.

      Reality check.
      WalMart, Rhapsody, Yahoo, and Emusic and who knows how many others all have online music stores and all sell music for the same price or cheaper then iTMS and probably less then 20% of the iTMS volume combined yet they are still in business and they do not have hardware sales to keep it going. How are they making it but iTMS is just "squeeking" by.

    86. Re:All-or-Nothing by Anonymous Coward · · Score: 0

      Think about it, iTMS keeps track of your history, possible buys, what others liked, track number, song, artist, album, specials, ratings, promotions, audio, and video files, covers, art, band history and disography, blah blah blah up to and including billing you and with quite a few ways to pay plus who you are and you are challenging the time required to add a DRM/No DRM flag?

      You know what? It is possible that there is absolutely NO flag actually required at all, maybe the non DRM protected soucre file can sit in the same directories on the file servers just as the DRM protected ones.
      I'm not saying it is hard or not but there really is a lot of people here coming up with some really far fetched ideas of why they think it would be so hard to implement.

  3. That link again ... by AaronLawrence · · Score: 4, Informative
    --
    For every expert, there is an equal and opposite expert. - Arthur C. Clarke
    1. Re:That link again ... by Anonymous Coward · · Score: 0

      How can a newspaper that calls copyright infringement "theift" have any credibility?

  4. Missing links? by ziggamon2.0 · · Score: 4, Insightful

    Maybe I'm new here, but shouldn't there be links to both the Economist article and DVD Jon's second article?

    1. Re:Missing links? by k_187 · · Score: 4, Funny

      Why bother when most won't RTFA?

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    2. Re:Missing links? by Joe+Snipe · · Score: 2, Funny

      Hell, I didn't even read the headline!

      --
      Sometimes, life itself is sarcasm...
    3. Re:Missing links? by UnknowingFool · · Score: 1

      Links to articles? Here at slashdot, we form ironclad opinions without RFTA. Buwahahahaha.

      You must be new here. :P

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Missing links? by Rimbo · · Score: 1

      DVD Jon says nothing that wasn't said on Slashdot already when Jobs' essay first went up, and The Economist just restates what Jobs said, merely suggesting that this is a "change of tack" and "transparently self-serving."

      There is no news here.

  5. Long Tail by wombatmobile · · Score: 3, Insightful

    Why doesn't Steve open up the iTunes store to indies?

    Chris Anderson's Long Tail research makes it clear that more tunes means more iPod usage, even when those tunes are from the most obscure artists.

    Anderson's thesis arises because "digital music is no longer subject to the artificial barrier of finite shelf space."

    Or at least, that would be the case if stores like iTunes were more accessible.

    C'mon Steve, open wide. Let the long tail wag.

    1. Re:Long Tail by Junior+J.+Junior+III · · Score: 1

      Better yet, make ITMS open to everyone who wants to sell, just like eBay is open to everyone who wants to sell.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    2. Re:Long Tail by mveloso · · Score: 1



      The iTunes store -is- open to Indies. It could be that (1) you're not looking in the right place, or (2) the labels in question are too lazy to sign up. It's not that hard to do, apparently.

    3. Re:Long Tail by elrous0 · · Score: 1
      He means indies *WITHOUT DRM* (like eMusic).

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:Long Tail by MightyYar · · Score: 1

      That sounds like a great idea... but that got me thinking: eBay is kind of a mess. Quality is uneven and illegal merchandise abounds. This despite their user rating system and a decade of experience filtering out the cruft. I don't think that Apple or their customers are ready for that kind of chaos. I agree that they should be more open, but they probably still need to deal with a label to ensure some amount of certainty about the copyright holder. Also, searches on iTunes could get messy if people started uploading their own tracks with the same naming conventions used on Kazaa!

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    5. Re:Long Tail by rar · · Score: 1

      Why doesn't Steve open up the iTunes store to indies?

      Then use an alternative to iTunes! There are a number of alternatives which makes it easy for indie artists to sell non-drm mp3 files with no requirements of exclusivity or other fishy business. For example, I have been involved in a recent startup of such a website, Anytist.

    6. Re:Long Tail by Karlt1 · · Score: 1

      "Why doesn't Steve open up the iTunes store to indies"

      Apple does open the store up to indies. Anyone can sign up to sell their music through CDBaby and CDBaby will distribute their music through iTunes for a very small transaction fee. The artist still maintains all of their rights to their music. The artist gets around 55-60 cents for each song sold.

    7. Re:Long Tail by jfengel · · Score: 1

      It is. You have to go looking for them. That's the problem with the Long Tail: just because the stuff is there and theoretically findable doesn't mean that you will. Unlike YouTube, which doesn't take any promotion from the Big Hump on the Left, the indies are drowned out by the majors on iTMS.

      iTMS shifts the problem for a band from distribution to marketing. Now that people can get to you, how are they supposed to find you? Anderson is vague on the topic, and what he does say is not very hopeful. You're competing not just against the majors in the space but the rest of the long tail, and there are a LOT of artists in it. That's why they call it "long".

    8. Re:Long Tail by Mr.+No+Skills · · Score: 1

      iTunes is open to Indies:

      http://www.apple.com/itunes/musicmarketing/

      Anyone who wants to push your music through iTunes can sign up, and manage their music catalog. How much more accessible does this need to be?

      And, if your an indie and you want to push your music as MP3's (or whatever) without DRM, what do you need iTunes for? iPods play mp3's just fine.

      I don't understand all this energy on this whole issue. There are plenty of hardware, software, and content vendors out there. Apple owns the market because they've created the best products and customer experience for the money. It's just the way it is. It's not like all those iPods were sold because corporate IT departments figured this was the cheapest deal to make - its a purely consumer driven product.

      --
      Sleep is for the Weak
    9. Re:Long Tail by Mix+Master+Nixon · · Score: 1

      Jobs needs to recalibrate the RDF, apparently. If Steve Jobs is such an anti-DRM crusader, I look forward to the elimination of the irritating, all-too-visible watermarking of Disney/Buena Vista 35mm theatrical prints, the elimination of CSS and region coding from all future Disney/Buena Vista-distributed DVDs, and a straight-faced pledge to not implement any encryption, region restriction, or forced downscaling on ANY releases from ANY Disney/Buena Vista-affiliated company. I mean, I hear you have some pull at Disney, Steve - get to work on those nasty DRM infestations post-haste... or at least mention them when you go off on a tear about the evils of DRM. It would make you sound considerably more sincere.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
  6. How is that misusing statistics? by RandoX · · Score: 0

    "Many iPod owners have never bought anything from the iTunes Store. Some have bought hundreds of songs. Some have bought thousands" Sounds like common sense to me. As an iPod owner, I've never bought anything from iTunes. I personally believe that others have probably bought hundreds or thousands of songs. So what's the problem? And no, I can't be bothered to RTFA. DVD Jon should do what he does best, crack DRM.

    1. Re:How is that misusing statistics? by Anonymous Coward · · Score: 0

      Why needs DRM to be cracked?

      As long as you can play a song at least once on a PC, you will be able to make a perfectly digital copy, no matter how deeply they may have buried DRM in the OS. Even if they would start to demand certain DRM-drivers from soundcard-manufacturers and there is no way to use a 3rd party driver, there would still be endless possibilities for a hook. Don't tell me now that noone has done a (DRMed) .aac or .wma 2 non-DRM vorbis/mp3 converter until now, because it's really not rocket-science to do it.

      Then again, I don't really care as I seriously don't listen to music at all.

    2. Re:How is that misusing statistics? by cowscows · · Score: 3, Insightful

      I think that a few anecdotal cases are no more useful, and possibly less useful than statistics in this case. Sure, some guy may have bought 30k worth of music, but it hardly seems reasonable for any company to base any sort of business decision on the actions of one guy like that, when the averages are closer to $2-3 per person.

      Are there people with investments in iTMS who probably feel locked in? Undoubtedly yes. I'd guess that if you asked Steve Jobs that question flat-out, he'd likely say yes as well. But does that mean that that's Apple's motivation for including DRM? According to Jobs, it's not. Would both the iPod and iTMS store continue to do well with DRM removed? Jobs seems to think so.

      I'm not naive enough to automatically believe word for word anything that someone I don't even know says, but Steve Jobs has felt comfortable putting himself into a position where Apple may have the opportunity to drop the DRM, and the PR that would form around that opportunity would almost force Apple to do it.

      Here's a guy who's one of the big names in the industry, and he's publicly announcing the position of Apple Inc., and it just so happens that this position includes a whole lot of what the anti-DRM people have been saying all along. What is the problem with that? If you're expecting Apple to suddenly just drop all the DRM and tell the record labels to go screw themselves, then your mind is wandering outside the realm of reality, which doesn't help your cause.

      --

      One time I threw a brick at a duck.

    3. Re:How is that misusing statistics? by Chode2235 · · Score: 4, Insightful

      Maybe DVD Jon is just worried he will be out of a job. Didn't he work for months and even years to break Fairplay just so he could sell it to rival music stores? Regradless he also has his own interests that must be recognized, he is not simply a champion of free information.

  7. Re:Law of Averages by 91degrees · · Score: 3, Informative

    He knows what average means. His point is that using an average is misleading, because of the extremes.

  8. iTunes Podcasts can be DRM-free by macmastery · · Score: 2, Interesting

    I have worked on my church's podcasts and know that podcasts on iTunes can be DRM-free. Maybe the rules for music are different on the iT(M)S. Then again, individuals can submit pocasts but my indie band friend had to submit her albums through an intermediary.

  9. Re:Law of Averages by tomstdenis · · Score: 1

    Like Bruce Schneier, here we have a dude who's opinion apparently is notable. I don't agree in that big deal he was part of the deCSS group. Whoopy. There are many FLOSS contributors out there that have distinct political and civil ideas, yet we don't seem to want to listen to them or give them attention. I guess the media makes the "star", not because of actual merit but because they need a star to sell print [or get ad impressions].

    As for DRM, I'm glad that corporations, er, the leaders of corporations are starting to smarten up a smidge. DRM is nothing but a huge gaping waste of effort. It costs the customers money, and takes away their rights to fair use.

    Tom

    --
    Someday, I'll have a real sig.
  10. Confusion free? by XxtraLarGe · · Score: 5, Interesting

    "It should not take Apple's iTunes team more than 2-3 days to implement a solution for not wrapping content with FairPlay when the content owner does not mandate DRM. This could be done in a completely transparent way and would not be confusing to the users."

    Yeah, right. Tell that to the vast majority of non-tech savvy iTunes users, who don't understand why they can't make an MP3 CD of their purchased music. I have a friend who likes to make "Mix" CD's for other friends, and they keep getting frustrated when iTunes tells them some of their tracks can't be converted to MP3. I've tried explaining DRM to them, but for the typical layperson, it goes right over their heads.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
    1. Re:Confusion free? by Anonymous Coward · · Score: 0

      True. But thisis already the problem. Adding non-DRM songs shouldn't confuse the users more than they already are.

    2. Re:Confusion free? by tomstdenis · · Score: 0

      This is how you explain DRM to the lay person.

      Imagine a publisher of a text book, was allowed to control which passages of the text you could cite for your research paper. Imagine if they could control the order of how you read it, what sections you read, when you read it, who you can allow to read your copy, etc.

      Once you s/mp3/book/ it somehow seems a little simpler.

      Tom

      --
      Someday, I'll have a real sig.
    3. Re:Confusion free? by UnknowingFool · · Score: 0

      who don't understand why they can't make an MP3 CD of their purchased music.

      Um, so right-clicking and selecting "Convert Selection to MP3" doesn't work for them? Or am I missing something?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Confusion free? by 91degrees · · Score: 1

      That explains the problem. Explain what DRM is.

      Taking the position of someone without a clue, my response is "Yeah, but they can't control those passages. I just copy them out. So why does it matter what they want? And how does that explain why my computer isn't working properly when I try to convert my iTunes music to mp3?"

    5. Re:Confusion free? by tomstdenis · · Score: 1

      DRM is the thingy that enables those ridiculous restrictions.

      Also I think you missed the part where I said "imagine they could..." As in, what if all books were ebooks and implemented DRM like that?

      Hint: There will come a time when portable ebook readers replace inprint books for things like school. You want those DRM enabled?

      If your friend asks why they can't convert their tunes to mp3, tell them Steve Jobs told them they couldn't. That's effectively the truth of it.

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:Confusion free? by Halo1 · · Score: 2, Informative

      That indeed doesn't work for purchased songs.

      --
      Donate free food here
    7. Re:Confusion free? by TheRaven64 · · Score: 1

      Try giving them this article. If they have a bit longer, give them Jasper Fforde's The Well of Lost Plots.

      --
      I am TheRaven on Soylent News
    8. Re:Confusion free? by geekoid · · Score: 2, Informative

      For songs purchased through iTunes, you need to burn to disk(or virtual disk) and then rip from the disk.
      Right clicking and choosing 'Convert to mp3' gives you a pop up telling you you can't convert purchased songs.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:Confusion free? by 91degrees · · Score: 1

      Don't get me wrong. Your point is a good one, and in principle, there's nothing wrong with the analogy. I just find that non-technical people - especially those from a non-science background - can get very confused and muddled with the hypotheticals, and generally haven't put any thought into what these files are, apart from a button you press to get music.

    10. Re:Confusion free? by walt-sjc · · Score: 1

      I guess I don't understand your friend. If you tell him that DRM is the software lock on music file that is prohibiting him from converting it to an MP3, what else is there to understand? Is he asking for the gory technical details that he has no hope of understanding anyway? It's pretty damn straight forward.

      DRM is like carbon monoxide. You can't "see" it, but when it's there it can cause you serious problems.

    11. Re:Confusion free? by elrous0 · · Score: 1
      I think you're missing the point. It doesn't work *NOW*. But if you started selling some songs without DRM, that option would then be available for those songs.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    12. Re:Confusion free? by Karlt1 · · Score: 1

      "Yeah, right. Tell that to the vast majority of non-tech savvy iTunes users, who don't understand why they can't make an MP3 CD of their purchased music. I have a friend who likes to make "Mix" CD's for other friends, and they keep getting frustrated when iTunes tells them some of their tracks can't be converted to MP3. I've tried explaining DRM to them, but for the typical layperson, it goes right over their heads."

      You're not exactly making an argument against DRM there. It has always been illegal to distribute music you paid for to someone else and it should be. If your friend wanted to make copies for "personal use" he could on up to five computers and an unlimited number of iPods. He can even burn a regular audio CD of the music an unlimited number of times or up to seven times with the same playlist.

    13. Re:Confusion free? by jvkjvk · · Score: 1

      So you are saying that currently people are confused as to why they can burn some of their tracks and not others.

      If Apple allowed Artists to sell non DRM'd music, this would change these user's experieces... how exactly? Oh, other than by allowing the to burn more of their music to mix CDs.

      I bet given a simple visual cue in iTunes that most people would soon figure out that the songs with the frowny face don't burn to mp3 that easily so they should probably buy more of those songs with the smiley faces instead.

    14. Re:Confusion free? by TheSkyIsPurple · · Score: 1

      Right, and then it would only work for purchased songs sometimes. That is for the non-DRM'd ones.

    15. Re:Confusion free? by Anonymous Coward · · Score: 0

      Actually there's nothing wrong with Carbon Monoxide. It's another environmentalist scare that was brought to you by the same people who make dire predictions about global warming, the o-zone hole, and asbestos.

      Most of the experiments supposedly proving problems with CO were actually done using CO gas. A common myth in the US and promoted heavily by Europe is that CO is normally gaseous, because CO has a similar name to CO2. In fact, in it has a melting point (where it shoots straight to gas) of approximately 150F, and is generally found in the air in solid particle form only. In solid form, the substance is essentially inert.

      In gaseous form, it's not the CO that causes the problems so much as the fact that the surrounding environment is already warm (see the ridiculous melting point figure quoted above) and as a result susceptable to chemical reaction.

      A quick search on the world reknowned junkscience.com website brings up a whole bunch of articles about the ridiculous anti-CO laws that have no basis in reality, but merely push up costs for businesses that happen to emit CO as part of their operations. The Cato Institute has condemned the CO scares as yet more proof that the government is meddling where it shouldn't.

      Don't believe the hype. There's no more wrong with Carbon Monoxide than there is other mythical environmental disasters such as DDT.

    16. Re:Confusion free? by XxtraLarGe · · Score: 1

      You're not exactly making an argument against DRM there. It has always been illegal to distribute music you paid for to someone else and it should be. If your friend wanted to make copies for "personal use" he could on up to five computers and an unlimited number of iPods. He can even burn a regular audio CD of the music an unlimited number of times or up to seven times with the same playlist.

      You're not making a case either, nor is Apple for that matter. Apple's DRM is a joke for the most part--and even they know it. It's simply there as a hurdle for users, not a barrier. BTW, it's 5 times per play list, not 7, but this goes to prove my point even further. Why would you need 5 copies of the same play list? Burned your play list 5 times already? Delete it and make a new play list with the exact same songs, and burn it 5 more times! Lather, rinse, repeat.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    17. Re:Confusion free? by Weedlekin · · Score: 1

      "I have a friend who likes to make "Mix" CD's for other friends, and they keep getting frustrated when iTunes tells them some of their tracks can't be converted to MP3."

      Just tell him/her the truth: giving copies of iTunes store songs to others is illegal, so the iTunes program won't let you do it.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    18. Re:Confusion free? by MyOtherUIDis3digits · · Score: 1

      That explains the problem. Explain what DRM is.

      When I'm explaining, the first thing I do is correct the one thing may think they know about DRM.

      DRM is not about piracy.

      We have always been better at breaking things than making them, and DRM protections are no different. What DRM is about is maximizing profits. The cartel wants you to pay as many times as possible for the same product, so they want you to pay for every format you use. To them, when you rip a cd you bought to mp3 and play it on your DAP, you are cheating them since you didn't pay again for that right.

      --
      Ignore anything I said above, I actually agree with everything you believe - mod accordingly.
    19. Re:Confusion free? by 91degrees · · Score: 2, Interesting

      Okay. But assume you're talking to people who have no concept that there might even be a perceived problem with making personal copies. You'd be surprised about how little consideration anyone gives this.

      As far as they're concerned, piracy, if they give it any thought at all, is bootleg operations opreating on street corners. They haven't heard of DRM. They've heard of iTunes, and they know you can buy music for your mp3 player. Tell them it only works with the iPod. They're not surprised. They're used to a certain level of incompatibility. They know that playstation games don't work on the X-Box. Obviously there's something magical about how mp3s work so apple ones will only work on the apple player, and if you want to play them on a creative player, you get the creative ones.

      There are probably contradictions in the above paragraph. I haven't checked. But my point is, many people think and know a lot less about this sort of thing than you might expect.

    20. Re:Confusion free? by MyOtherUIDis3digits · · Score: 1

      Very good points.

      Admittedly, my example of copying a cd wasn't the best. I used that because the Sony rootkit debacle had sprung to mind. A better would have been:

      "If your iPod dies and you decide to buy something else (I know, heresy, right?), the content distributors feel you should buy all the music that you've already purchased from iTunes again from somewhere else in a format that your new player supports. Imagine having to purchase all new dvd's every time you replaced your dvd player."

      --
      Ignore anything I said above, I actually agree with everything you believe - mod accordingly.
    21. Re:Confusion free? by Anonymous Coward · · Score: 0

      Yeah, right. Tell that to the vast majority of non-tech savvy iTunes users, who don't understand why they can't make an MP3 CD of their purchased music. I have a friend who likes to make "Mix" CD's for other friends, and they keep getting frustrated when iTunes tells them some of their tracks can't be converted to MP3. I've tried explaining DRM to them, but for the typical layperson, it goes right over their heads.

      There are two natural responses to your semi-incoherent comment. The first is that not wrapping DRM around some tracks surely wouldn't make it more confusing to the users, if their confusion arises (as you suggest) merely from not being able to rip their tracks. The second is that you must either be a poor educator, or your friends not very intelligent. Saying "the tracks are protected by some digital magic invented by Apple, the result being that you cannot copy them" should be enough. What more is there to understand? Sure, they won't understand how that DRM works, but they don't understand how anything else about computers or mp3-players work anyway, so what's the big deal?

  11. Re:Law of Averages by Anonymous Coward · · Score: 4, Insightful

    But the extremes just don't matter that much. The argument Jobs is trying to refute is this idea that there's a huge mass of iPod owners out there who are locked in due to iTMS DRM. The extreme cases certainly exist, but that doesn't demonstrate that this lock-in actually affects most users.

  12. Re:Law of Averages by whisper_jeff · · Score: 1

    With the number of iPod/iTunes users out there, the extremes aren't important - the average user is. When businesses start catering to the extremes of their user-base, they run themselves out of business.

  13. Re:Law of Averages by ZachPruckowski · · Score: 3, Informative

    He knows what average means, he's just saying that average is not the right figure. The distribution is very important. A 22-song average would imply at first glance that only 1-2% of people are locked in, but if the distribution was a third the listeners with 66 songs and two thirds with none, then it would follow that a third are rather locked in (they take a $60 hit by going elsewhere for their DAP needs)

    Also, DVD Jon was pointing out that Jobs's iPod figure reflected all iPods sold, not all that are functional or in use (a number that no one knows). People have been replacing iPods as they break, and have been upgrading as new ones get released. Additionally, music might be on more than one iPod, as a family might authorize everyone's computers to play everyone else's music, so that Bro and Sis can share songs on their iPods.

  14. Stats by gavink42 · · Score: 0

    If we take Jobs' stats to be accurate, then it does make sense to stop using DRM. Personally, I just don't have the confidence that the record labels will admit to it. I hope I'm proven wrong!

  15. Indie artists' access to iTunes by Anonymous Coward · · Score: 5, Interesting

    Getting distribution on iTunes is not as hard as was suggested.

    If you produce a CD and follow the instructions to have your disc sold on CDBaby.com, they will submit your music to iTunes. In the case of music I've submitted, there was a delay of about six weeks; then we got word that we were live on iTunes.

    This is not the full ticket to Hollywood. It's not a huge hurdle either. It's one of many small cumulative things that you do to get your music out there.

    Notably there was no contractual lock-in with CDBaby or with iTunes. They own nothing, we retain our copyrights and our ability to distribute in any other channel we like. The whole thing has been artist-friendly.

    Our R&B artist on iTunes:

    http://phobos.apple.com/WebObjects/MZStore.woa/wa/ viewAlbum?playListId=202470955

    Our other music (ambient & progressive rock) http://www.workshopmusic.com/streams.html

    1. Re:Indie artists' access to iTunes by Ksempac · · Score: 1

      The problem is not "getting my song on iTunes". The problem is "getting my song on iTunes WITHOUT DRM".

      iTunes is the world biggest online music store, so of course you want your song on it. You expect that, in doing so, more people will buy it.
      However, right now, if you dont like DRM and dont want your customer to be locked to his iPod, there is no way to be on iTunes. Some artists dont want their listeners to be restricted in their use of their music. Putting their song on another website wont solve the problem because iTunes probably wont make a link to another website and the customer wont buy the same song twice.

    2. Re:Indie artists' access to iTunes by jamietre · · Score: 1

      This fact is what makes Job's article so hypocritical. If he's so anxious to embrace non-DRM music distribution as soon as the major labels will let him, why won't he sell unrestricted music now from the indies who DON'T require it?

      The whole thing is PR, of course. Saying that he'll readily embrace MP3 downloads when the majors will let him, is like saying "I'll gladly lower the prices at my gas station as soon as another gas station opens up in town." Of course he will. He'll have competition, all of the sudden.

    3. Re:Indie artists' access to iTunes by Anonymous Coward · · Score: 0

      If there is an objection to iTunes DRM, the artist can still distribute on some other site without DRM. You have options.

      The thing need not be a crusade. DRM is failing and will fall. Right now the majors are resisting. One crack in the facade is the relatively liberal terms Apple got: play on five computers, the ability to burn discs.

      The labels fear (or claim to fear) a wave of piracy. There has to be a stepwise, incremental way forward shown to them... a profit model with room for trust... and a consumer who on average would rather pay about 99 cents than steal. Absolutism among the foes of DRM will probably prolong the struggle. The idea that Apple can just unilaterally drop the existing arrangement, as poor as it may be, is unrealistic.

      A realistic way in the meantime, on the user side, is to support the distribution model and portable player you regard as most liberal and workable for you, and combine your legally purchased music collection via your own technical means. Burning a CD, for example, strips DRM in some cases. Most existing CDs have no DRM.

      On the artist side, they need to pursue all avenues, concentrating on music and earning the goodwill of their audience. If you have 10,000 people a day downloading your song, DRM or not, you are gaining some control of your career. You can decide what channels are beneficial for you and leave the rest. On the business side an artist's hands are full merely ensuring that the record label doesn't hide royalties, and keeping track of your commitments. There is no reward for becoming a focal point for this philosophical debate which may be turning somewhat in the artist's direction anyway.

    4. Re:Indie artists' access to iTunes by itcomesinwaves · · Score: 1

      Although there's probably no way to know for sure, I'd be willing to bet that this was a requirement in getting the labels to agree to the iTMS in the first place. They want their tracks to have DRM, but they don't want the consumer to see that it's possible to buy a song without it.

  16. Apple Surrender by OurNewOverloard · · Score: 1

    When the largest distributor of DRM says that DRM is a failure, then we know we are winning. Now lets make Jobs live up to his word. He must allow independent artists who distribute their music through iTunes to do so without DRM. He also says he supports free formats, so lets make that OGG then.

    1. Re:Apple Surrender by mr_matticus · · Score: 1

      First he has to make sure it's okay with the Big Four that some iTunes sales are DRM-free. If the mainstream labels take their ball and go home, iTunes collapses. It can't even break even on indie labels.

    2. Re:Apple Surrender by toddestan · · Score: 1

      Why not challenge the RIAA on this? Who are they to say how music they do not have any rights over gets distributed?

  17. Re:Law of Averages by uradu · · Score: 3, Insightful

    Wow, it's pretty obvious who the idiot is, especially when Jon makes such an excellent point. Another thing that makes Jobs' "we'd welcome openness" comment appear so facetious is the fact that they have done everything in their power to tie iTunes and the iPod closely together, and never the twain shall part. That has nothing to do with DRM but everything with tying the user to a specific (delivery/music/etc.) platform.

  18. Re:Law of Averages by whisper_jeff · · Score: 1

    Not to mention that, if you are one of those extremes who's spent $30k on iTunes music, you probably don't care that it locks you into the iPod as your portable player. You're probably ok with that.

  19. Some Of Jobs Other 'Stands' by Anonymous Coward · · Score: 5, Funny

    Jobs also came out strongly in favor of:

    * Ponies for everyone - who doesn't love ponies?

    * Rainbows everyday - wouldn't the world be just that much better?

    * Love - it doesn't have to be just for dirty hippies

    You gotta hand it to Jobs and his bold stance of anti-DRM and pro ponies, love, and rainbows. Let's all go out and buy incremental upgrades to our iPods!

    1. Re:Some Of Jobs Other 'Stands' by ben+there... · · Score: 1

      You said it better than I could. I don't really believe a word Jobs said. Apple's lock-in is the best thing they have going for them right now. My opinion is that Apple realized they only need part of the catalog to have DRM to maintain their lock-in, and by doing away with DRM on some purchases, they gain customers that don't want DRM. But they still have the initial DRM-forgiving customers, who are still locked in. That or he knew that none of the record companies would give up DRM, yet said it anyway for positive PR. Like this story, for instance.

    2. Re:Some Of Jobs Other 'Stands' by Overzeetop · · Score: 1

      You missed Free Beer. Best not to lose that entire demographic. ;-)

      In fact, I've already suggested that if Obama really wants to win, he needs to add that in the platform. Oddly enough, I haven't gotten any response back yet.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    3. Re:Some Of Jobs Other 'Stands' by geekoid · · Score: 1

      He has fought against DRM since implimenting iTunes. He know it ultimatly can't work, which means it is a bad business descision.

      If it was about lock in, then you wouldn't be able to get around it so easily by design.

      Apple is a hardware company. They want to sell iPods and they want to be a full service solution.

      The easier it is to sell music, and the easier it is for Apples clients to do what they want with the music it purchased, the more iPods he sells.

      Yes his statement was self serving, but it wasn't like he was hiding that fact. It would be like me saying "I want you to get me a Coca Cola." and then someone calling that statement self serving. Well duh.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Some Of Jobs Other 'Stands' by Anonymous Coward · · Score: 0

      "He has fought against DRM since implimenting iTunes"

      So?

      I know quite a few record label execs here in Los Angeles and one major patent holder/exec in the CD/DVD/BluRay biz - each and everyone of them hates DRM, doesn't want to deal with it, doesn't want to have it in their products, doesn't want consumers to have to deal with, wish there was some perfect world where content magically didn't have problems with copyright infringement, but

      each and every one of them ships/creates products with DRM.

      Just like Jobs.

  20. Re:Law of Averages by Rob+the+Bold · · Score: 4, Informative

    Here, Jon, if you're reading this - learn what "average" means in the mathematical sense: http://en.wikipedia.org/wiki/Average

    He knows what average means, and he knows that Steve was specifically referring to the arithmetic mean, because 20 billion songs/ 90 million ipods is the ~22 songs/ipod in question.

    He's just saying that using this figure is misleading. Like talking about average fuel economy by dividing all the car miles ever by total gasoline production for the last 110 years. Sure it's the average, but it doesn't really tell you anything about current mileage. Most of those cars are scrap by now, just like many of the ipods sold in the last few years.

    --
    I am not a crackpot.
  21. Agreed, but... by imikem · · Score: 1

    World + dog will inevitably weigh in on this subject so near and dear to /.er hearts on several levels.

    Firstly, add me to the list of those calling for the end of DRMed/crippled music.

    Second, however, without knowing the details of the record labels' agreement with Apple to sell their music on the iTMS, there's no way to know if Apple CAN treat the indie labels music differently. If not prohibited, then the clever folks at Apple ought to be able to create a workable non-DRMed channel for such sales. If this is prohibited to them, they should say so to remove the doubt.

    The calls to license FairPlay are rather disingenuous and unfair I think, unless ALL companies (yes, pointing at you, Microsoft) are required to do the same. I don't think such a thing would prove workable anyway unless the DRM standard(s) itself was placed under the control of an international standards body rather than a single company. Even then there are multiple problems with it.

    Steve Jobs was right on. The simplest solution here is the best. DRM must die. Try trusting people to do the right thing for once. Enough of them will probably do it to keep you pigopolists from having to actually work for a living after all.

    --
    Perscriptio in manibus tabellariorum est.
    1. Re:Agreed, but... by *weasel · · Score: 2, Insightful

      Second, however, without knowing the details of the record labels' agreement with Apple to sell their music on the iTMS, there's no way to know if Apple CAN treat the indie labels music differently
      A contract like that would be illegal, top to bottom. The big labels can't contractually obligate Apple to require DRM on other people's music. That'd land the RIAA right back in court for anticompetitive practices.

      They could threaten to pull their distribution contract on the sly, but that would be awfully shady by itself. I wouldn't be surprised that Apple is bending to such 'off-the-books' demands and simply doesn't want to rock the lucrative boat. But it can't be a literal contract term.

      The calls to license FairPlay are rather disingenuous and unfair I think
      Why? Microsoft will already license PlaysForSure to anyone - Wal*Mart just launched their video service with it.
      And as far as the Zune's DRM goes... no-one's mentioning that worthless hunk of plastic and its ten users because they're a non-issue. We're just talking about Fairplay because it's 99% of the market.

      If you wanted to broaden the call to all DRM to be licensed, I doubt anyone would change their position.
      CSS was digital DRM for DVDs, licensed to anyone. Sure, it sucked but so does PlaysforSure and Fairplay and the rest. They never work - proprietary or not - so there's no reason to avoid fair licensing as an interim solution.

      Steve Jobs was right on. The simplest solution here is the best. DRM must die
      Firstly, that's not even remotely what Jobs' said. He presented a hypothetical business case, where DRM would be removed from iTunes if the big labels asked. That's more like saying iTunes will be DRM-free 'when pigs fly'. His whole letter was a FUD defense against licensing Fairplay, and the bit about DRM-free utopia was his attempt to redirect ill-will toward the major labels.

      Secondly, DRM dying is the best solution, but so long as the entrenched players (RIAA+Apple) are pushing DRM, the best we can do is call for an end to anticompetitive practices.
      --
      // "Can't clowns and pirates just -try- to get along?"
    2. Re:Agreed, but... by Weedlekin · · Score: 1

      "the bit about DRM-free utopia was his attempt to redirect ill-will toward the major labels"

      Because they were having such a hard time generating ill-will without Jobs giving them a helping hand.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  22. Re:Law of Averages by simm1701 · · Score: 2, Informative

    Which average do you want? mean mode or median?

    The 22 per ipod is the mean - often the most useful and the one that is frequently implies with the more ambiguous word "average" however in this case its the most useless.

    The mode usually requires wider boundries than single elements to be useful (eg 0, 1-5, 6-10, etc) but I would tend to say that the mode or perhaps the median would be the more useful average when tailoring a service to your main user base.

    Despite these figures not being announced you can bet that apple have them and almost certainly use them internally - they probably just dont sound as good to the average non mathematical person

    --
    $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
  23. Speaking of misuse of statistics by VirusEqualsVeryYes · · Score: 2, Interesting
    FTFA:

    There may be 90 million iPods sold, but not all of them are currently in use.

    Okay, but on the other hand, not all owned songs are used in iPods (or used) at all, either. Personally, I've got a couple gigs of music that I don't really listen to, and aren't on my iPod. For example, I have the soundtracks of some video games, which are great when I'm in the mood (read: free time), but generally I listen to my iPod when I'm walking to class. For another example, I've bought one or two CD's for a really good song or two, but I think the rest is terrible. (I'm lookin' at you, Demon Days...)
    1. Re:Speaking of misuse of statistics by Jesus_666 · · Score: 1

      (I'm lookin' at you, Demon Days...)

      +1, Insightful

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  24. legal and other issues possibly? by Shivetya · · Score: 1

    first with the current music Apple probably has a short list of people it has to do transactions with. They are also probably granted some indeminity from problems arising from music they sell provided its from the labels.

    with indie music comes a lot of questions.
    how much can Apple charge before they are considered to be exploiting?
    how much does Apple spend on bandwidth per song, this figures into #1.
    who does Apple contract with for payment should the artist want money?
    How much will it cost to maintain all those contracts, because thats essentially what they are.
    who guarantees to Apple the music they sell is really the property of the artist selling it?

    there are many risks and costs associated with indie music. it would probably take a middleman to make it viable to Apple. Someone like an RIAA that isn't evil for the Indie's could make the presence of this music on iTunes much more likely

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:legal and other issues possibly? by Marillion · · Score: 1

      Organizations like ASCAP and BMI already have the infrastructure to manage artist royalies for composition/publishing side of the royalties equation.

      Indie music where the composer is also performer (anecdotally, this would cover 99% of it) ASCAP/BMI would already be involed at some level. Not to diminish BMI, but I am going to refer to ASCAP only hereafter because I am most familiar with how it works. ASCAP is a member-owned organization and is free to any writer who meets membership requirements. The barrier to entry to ASCAP is low.

      Apple (or other online system) could create a system where the Indie artist, represented by ASCAP but not by a recording company, qualifies to appear on iTunes and a percentage of the purchase price would go directly to ASCAP. ASCAP would then take their flat administrative fee (currently around 12%) and pass the remaining directly to the artist. ASCAP membership also shifts the issue of sorting out music ownership from Apple to ASCAP. ASCAP members are responsible for keeping ASCAP appraised of the current address.

      The procedural change for these groups to represent the additional recording rights of their members might not be that difficult. I would expect a lot of internal conflict within ASCAP as some very important ASCAP members (Alan Jackson, Eddie Van Halen, Phil Collins, John Williams, etc) already have lucrative recording contracts.

      --
      This is a boring sig
  25. Re:Law of Averages by MicrosoftRepresentit · · Score: 0

    He's also an idiot because he thinks Apple can suddenly license DRM-free music from a bunch of indie labels and not have the Big Four give them a steel toe-cap beatdown.

  26. Re:Law of Averages by skibaa · · Score: 5, Insightful

    On everage, every human has one testicle and one breast. You have to learn when the average is meaningless (hint: start with http://en.wikipedia.org/wiki/Standard_deviation)

  27. Re:Law of Averages by Anonymous Coward · · Score: 2, Interesting

    These numbers also don't take into account people like me.

    People that have purchased songs from iTunes and don't own an iPod.

    That makes the average number of songs per iPod even lower.

  28. Jobs' big charade by elrous0 · · Score: 3, Insightful
    Why would Apple want to lose DRM, even if they could? That would potentially break their iTunes-iPod monopoly (since you could play non-DRM'ed songs on other players besides the iPod).

    Steve Jobs may SAY he hates DRM, but only because he has nothing to lose by saying that. He knows the studios aren't going to cave on DRM, so he gets to keep DRM (and, hence, his iTunes-iPod monopoly) while simultaneously portraying himself as some sort of anti-DRM crusader.

    If you want to see how Jobs *REALLY* feels about DRM, just look at how Apple treats indie artists and studios that specifically DON'T want their music DRM'ed. While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM. Apple knows damn well that DRM is in their best interests. Jobs is just posturing.

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Jobs' big charade by Saint+Fnordius · · Score: 4, Interesting

      Apple hates DRM because it's an arms race that sucks up resources. Programmers that could be working on cool code are stuck ensuring that FairPlay doesn't get cracked, and that they get a patch up within the time framed dictated by their contract. Without DRM, the iPod and iTunes codebases could be trimmed to run faster and possibly even allow for the API to be published.

    2. Re:Jobs' big charade by phorest · · Score: 1

      For you skeptical types, it really is true that you can buy DRM-free music on ITunes.

      You just need an Emusic account to do so!

      The Magnolia Electric Co. by Songs:Ohia

      The Magnolia Electric Co. by Songs:Ohia

      Seriously though, Jobs is really putting his foot in it if he thinks we are to believe his current bluster. He can sell this example above like thousands of others that are available on Emusic All DRM-free (of course)!

      --
      God: When you do things right, people won't be sure you've done anything at all.
    3. Re:Jobs' big charade by Anonymous Coward · · Score: 0

      The main reason I can think of that Apple would be better off without DRM is that they don't make any money from CD sales.

      Without DRM people are more likely to buy music from iTunes rather than just getting the DRM free (in most cases) CD. More sales=more money...
      Other factors like the cost of implementing DRM would also be considerations.

    4. Re:Jobs' big charade by ThrasherTT · · Score: 1

      If iTunes starts selling non-DRM'ed content, and Joe Sixpack buys some... maybe he'll start to wonder why he has to deal with DRM at all. This could cause the DRM backlash that the RIAA/MPAA fears.

      --

      All Your Memory Are Belong To Java
    5. Re:Jobs' big charade by diamondsw · · Score: 1

      Christ - ever think that something in the iTunes store may be set up to only handle protected AAC? Or that they don't want differing licenses so that some songs work one way while other songs work another way? Simple things like the "Purchased Songs" item in iTunes are probably set up to just show all Protected AAC files, which wouldn't work for non-DRM'ed MP3's.

      Could they fix all that? Sure, but not for free, and they aren't going to do it unless they have a fairly significant reason to, i.e. a major label supporting MP3. Don't underestimate the effort involved in these operations - this isn't a PHP script on your webpage, buddy.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    6. Re:Jobs' big charade by MightyYar · · Score: 1

      That would potentially break their iTunes-iPod monopoly (since you could play non-DRM'ed songs on other players besides the iPod). Apple's market research probably shows the same thing that my personal experience does: on the list of reasons why people buy iPods, losing their existing protected AAC collection is pretty low. I think one person told me about this as a concern, and I told them to just burn the dozen or so songs they had purchased onto CD and then re-import. I think they still bought another iPod... :)
      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    7. Re:Jobs' big charade by squiggleslash · · Score: 4, Insightful

      I covered this in my journal but I'll say it here too:

      The issue is that the landscape has changed. The iTS and iPod exist in a symbiotic relationship where the strength of one strengthens the other. But that's about to come to an end. MP3 playing mobile phones are becoming more and more viable, with flash memory plummeting in price and the carriers themselves seeing OTA music sales as a great way to make use of their under-utilized Internet services. People don't like having to carry multiple devices around, and the convenience factor of a device that is a music store and mobile music player in one is going to, ultimately, trump the iPod. Right now, Apple's saving grace is the relative incompetence of most of the mobile phone makers, they can't rely upon that forever.

      This is one side of the deal. They could have dealt with that by producing a viable mobile iTunes player and licensing it, or by dominating the mobile phone market, but what they've actually decided to do is enter the mobile phone market as a niche player. This makes them a competitor to all the other manufacturers, who are unlikely to license any kind of "mobile iTunes", and also means they'll never get a substantial market share of the new market in the same way that they did the iPod. One can make all kinds of guesses as to why they've decided to do this, but the bottom line is that Apple's days as the #1 seller of MP3 playing hardware are numbered.

      The other is Vista. Vista has upped the ante in terms of DRM available. Mac users will be locked out of the content that will be available under Vista's DRM, and those chosing to publish content under a DRM scheme will see Vista's, as the one available to the most number of people, as being the one to go for.

      It is no longer in Apple's best long term interests to promote DRM. In fact, DRM is likely to bite it to a point that its own platform may well no longer be viable within a few years.

      Apple has, at least, dealt with that in one way: their computers, if push comes to shove, are capable of running Windows, and if it becomes a really serious issue, Apple could migrate to a Windows based platform. This would be the end of them as a company with control over their own platform, and would make them another Boutique computer maker like Lenovo and Sony. So naturally it's not where they want to go.

      So I honestly believe Jobs is sincere when he claims to dislike DRM. He does... now that it's looking like it'll be a serious problem for Apple in the future. A successful DRM scheme from a competitor could well destroy Apple's position as an independent computer maker, making them beholden to that competitor and its interests. Such a situation has not been as realistic in the past as it is today.

      One more thing: If Vista's DRM starts to take off, it may be time for Apple to take the gloves off with respect to Mac OS X market share. I'll leave you to speculate as to what they could do to make that happen.

      --
      You are not alone. This is not normal. None of this is normal.
    8. Re:Jobs' big charade by nomadic · · Score: 1

      While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM.

      That's just Apple "Thinking Different".

    9. Re:Jobs' big charade by theelectron · · Score: 2, Insightful
      Do you believe everything Steve Jobs says? He is a salesman. You cannot trust most of what he says. Steve is using the bad reputation of the RIAA to try to blame anything bad about DRM on the music companies.

      Apple hates DRM because it's an arms race that sucks up resources. Programmers that could be working on cool code are stuck ensuring that FairPlay doesn't get cracked, and that they get a patch up within the time framed dictated by their contract.
      You don't seem to understand. Apple is not Google, programming for the joy of it. Apple is deep into hardware, the cost of a few programmers to develop and maintain the DRM is trivial compared to the profits from the number of extra iPods they will sell by requiring the purchase of an iPod to listen to the music a consumer purchases on iTMS. The average consumer is too lazy or not smart enough to burn the songs they purchase to cd and re-rip them. The average consumer is locked in by FairPlay. Apple does not want FairPlay cracked because that may allow users to easily port their purchased music to formats other mp3 players can play.

      Without DRM, the iPod and iTunes codebases could be trimmed to run faster and possibly even allow for the API to be published.
      The processing required for encryption/decryption is very small relative to everything else. And again, you simply do not understand: Apple does not want to be open! They will not open their API. Apple is a proprietary based company. That is how they make money, they are the same as Microsoft in more ways than most people want to admit.
    10. Re:Jobs' big charade by dr.badass · · Score: 1

      If you want to see how Jobs *REALLY* feels about DRM, just look at how Apple treats indie artists and studios that specifically DON'T want their music DRM'ed. While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM.

      Apple doesn't force them to take DRM: it's part of the deal, and the labels can take it or leave it. eMusic does the exact same thing in reverse: if a label wants DRM, too bad, no deal.

      --
      Don't become a regular here -- you will become retarded.
    11. Re:Jobs' big charade by jpellino · · Score: 1

      "While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM. "

      So why do they care if Apple DRMs it? It's getting out there without DRM, what's the harm in offering the Apple version as well?

      --
      "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    12. Re:Jobs' big charade by dr.badass · · Score: 1

      MP3 playing mobile phones are becoming more and more viable, with flash memory plummeting in price and the carriers themselves seeing OTA music sales as a great way to make use of their under-utilized Internet services. People don't like having to carry multiple devices around, and the convenience factor of a device that is a music store and mobile music player in one is going to, ultimately, trump the iPod.

      Laughable. Cell carriers see OTA music sales as a great way to nickel-and-dime people the same way they cash in on $3 ringtones. How is having a music store on your phone the killer app? Do people with phones and music players not also generally have computers? What happens when you lose your phone? What about the 30GB of music I already have on my computer? How do I get this CD I just bought onto my phone? Nothing is going to trump the iPod by ignoring everything that's made it successful.

      Right now, Apple's saving grace is the relative incompetence of most of the mobile phone makers, they can't rely upon that forever.

      If there is one thing you can rely on, it is the incompetence of everyone in the mobile phone industry.

      those chosing to publish content under a DRM scheme will see Vista's, as the one available to the most number of people, as being the one to go for.

      Anyone publishing content with that requires Vista-specific DRM features is not aiming for the broadest market, as they would be excluding the massive installed base of Windows XP and earlier. Meanwhile iTunes, the established market leader, operates on both. Oh, there will be Vista-specific stores, but compared to the fifth-largest music retailer, they will be niche players.

      A successful DRM scheme from a competitor could well destroy Apple's position as an independent computer maker, making them beholden to that competitor and its interests.

      You seriously overestimate the importance of DRM to Apple's success. Selling music is not now, nor will it ever be, their core business.

      --
      Don't become a regular here -- you will become retarded.
    13. Re:Jobs' big charade by blackest_k · · Score: 1

      Why would Apple want to lose DRM, even if they could? That would potentially break their iTunes-iPod monopoly (since you could play non-DRM'ed songs on other players besides the iPod).


      Steve Jobs may SAY he hates DRM, but only because he has nothing to lose by saying that. He knows the studios aren't going to cave on DRM, so he gets to keep DRM (and, hence, his iTunes-iPod monopoly) while simultaneously portraying himself as some sort of anti-DRM crusader.


      If you want to see how Jobs *REALLY* feels about DRM, just look at how Apple treats indie artists and studios that specifically DON'T want their music DRM'ed. While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM. Apple knows damn well that DRM is in their best interests. Jobs is just posturing.


      -Eric

      Number 1 reason to remove DRM is greater sales.
      If the average is 22 or some other lowish number, 3% of music on ipods as claimed else where then 97% of music on ipods are not bought from itunes (and could be on other music players anyway).

      22 may infact be the average number of tracks bought before the average consumer realises the true cost of DRM.
      it is very very low. without DRM sales would probably be a lot higher. With such low sales it would seem that the iPod stands independently of iTunes the store.

      If you accept this 3% figure, then what is the point of DRM protected tracks, It is obvious that the DRM material is available without DRM and people still choose to buy it!

      Current deals with the big four probably insist that all media from itunes be DRM protected. After all can't have the kids buying non DRM material from itunes. The lack of DRM would make it more attractive to them and cut into the sales of the big four.

      I think now Mr jobs is saying look i gave you DRM'd online music sales, it's achieving 3% of the potential sales to iPOD owners alone (let alone the other players) without DRM there is a potential to achieve a far greater percentage of online music sales. We have seen what Sales we achieve with DRM now is the time to remove DRM and get a far larger share of legal download sales. If sales do not increase significantly then DRM can be applied again, but it is obvious that DRM is affecting the bottom line for iTunes and the content providers.

      As a potential customer I can see myself buying music from iTunes using iTunes as a virtual jukebox without DRM.
      Even better would be a service that once i had bought enough of an Album then for a small fee. I could be mailed the Album. The RIAA can keep up its pressure on illegal downloads as much as it likes if it pushes people to the iTunes store, but right now the DRM is keeping sales down. Personally If you take the jukebox analogy people don't complain about paying about what, 60 cents for a track to be played once in a pub or a bar. It seems an ideal price point for downloadable music especially since you get to keep it.

      Legal music is overpriced and over protected once the recording industry realise this and adapt they will make far more money because the reality is they are stitching up thier customers and thier customers are fighting back with the convienience of a near instant legal download without DRM they will beat a 30 minute wait to get a particular track illegally and of inconsistant quality. (granted some will be a lot faster others might take hours).

      you can have it now and keep it thats where the recording industry should be making a killing
    14. Re:Jobs' big charade by AeroIllini · · Score: 1

      If you want to see how Jobs *REALLY* feels about DRM, just look at how Apple treats indie artists and studios that specifically DON'T want their music DRM'ed. While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM.

      I have not read the agreements, but my guess would be that the Big Four record companies would have added a clause to their operating agreement with Apple stating that Apple is not allowed to sell music without DRM. The record companies are very aware of how much people hate DRM, and if Apple starts selling non-DRMed music from indy labels right next to the DRMed music from the Big Four, it would weaken the Big Four's market position in online sales.

      Apple are not idiots. They are fully aware they would make more money selling indy artists without DRM, because they would attract more indy artists. But their hands are probably tied, which is one of the reasons Jobs wrote this essay.
      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    15. Re:Jobs' big charade by BrianPan · · Score: 1

      While much is made out of the lock-in that FairPlay provides, Apple has a majority market share only in digital audio players. The majority of music is not played on portable digital devices and the majority of music sold is not downloadable. The iTunes Store competes against stores that sell non-DRM'ed CDs. Steve's keynotes have made a big deal on the ranking of the iTunes store versus the likes of Amazon, Walmart, and Target. As long as iTunes store music is DRM'ed, it will never be able to compete on a level playing field against CD sales.

      How many slashdotters would never buy music from the store while the music is DRM'ed? How many might consider it an option once DRM is gone?

    16. Re:Jobs' big charade by tgibbs · · Score: 1

      Why would Apple want to lose DRM, even if they could? That would potentially break their iTunes-iPod monopoly (since you could play non-DRM'ed songs on other players besides the iPod).


      Not really. Selling DRM-free music is not at all the same thing as making the iTunes Music Store available to other mp3 players. You could move music from iTunes to other players, but it wouldn't be as convenient. Which is pretty much true today. Songs ripped in mp3 format by iTunes can be manually loaded into other players--it just isn't automatic as it is with an iPod. You can even move iTunes Music Store music to other players, but you have to burn it to disk and re-rip it to iTunes in mp3 format.

      If you want to see how Jobs *REALLY* feels about DRM, just look at how Apple treats indie artists and studios that specifically DON'T want their music DRM'ed. While companies like eMusic sell these same songs without DRM, Apple FORCES them to take DRM. Apple knows damn well that DRM is in their best interests. Jobs is just posturing.


      I can't imagine Apple agreeing to have some songs with and some without DRM, for the same reason that Apple has refused to accept different prices for different songs. Charging more for some songs would probably make more money for Apple, but it would totally destroy the fundamental simplicity of the iTunes music store, and simplicity and clarity is, after all, Apple's major selling point for all of their products. Forcing users to keep track of different privileges for different songs would be even worse.
    17. Re:Jobs' big charade by prockcore · · Score: 1

      Apple doesn't force them to take DRM: it's part of the deal, and the labels can take it or leave it.


      Nettwerk has already come out and said that they asked Apple to remove the DRM from their artists music, and Apple refused. An Apple lawyer has stated that even if the labels did give the OK, "they would see no reason to remove DRM"
    18. Re:Jobs' big charade by dr.badass · · Score: 1

      Nettwerk has already come out and said that they asked Apple to remove the DRM from their artists music, and Apple refused.

      Did you even read my comment? DRM is part of the deal, just like "128kbps AAC" and "$0.99 per track" are. If Nettwerk doesn't like it, they can take their business elsewhere. Apparently, they aren't too upset by it, as they continue to sell music through Apple's store. Let me say this again: Nettwerk and the artists they represent continue to make money selling DRMed music through Apple's store. Nobody is forcing them to do so. In fact, they sell the same music in their own store, for the same price, without DRM.

      An Apple lawyer has stated that even if the labels did give the OK, "they would see no reason to remove DRM"

      Bullshit. I have heard this "quote" bandied about a thousand times, and it always comes back to the source being "an anonymous Apple lawyer" supposedly quoted by the EFF. I challenge you to find any evidence that distinguishes that quote's validity from that of, say, the tooth fairy.

      --
      Don't become a regular here -- you will become retarded.
  29. I guess my wife and I are a rare breed... by DoctorPepper · · Score: 4, Insightful

    We each own an iPod (30 GB Video), and we both have quite a lot of music on them. We each ripped the CD's out of our collection that we wanted to our respective computer, using iTunes (we both have Macs, although I use my Linux computer more), and we independently sync our iPods with that music. Neither of us has even one song that we didn't either purchase on CD or through iTMS, and neither one of us would even think of "borrowing" a CD from someone else, with the intent to rip the tracks for our own use.

    I really don't get the piracy thing. If you are going to listen to the music, then you should pay for it, whether that be from purchasing the CDs, or through a legitimate on-line music service. I also don't care to hear arguments against this, because those that argue the loudest are usually the ones with the most non-purchased music in their library. They are being just as self-serving as Mr. Jobs.

    Personally, I wish we could do away with DRM, because it is quite difficult to play the songs I legally purchased off of iTMS on my Linux computer. I think that is a load of crap, and that it severely cuts into my fair-use rights, which nobody seems to care about.

    --

    No matter where you go... there you are.
    1. Re:I guess my wife and I are a rare breed... by geekoid · · Score: 4, Insightful

      "...those that argue the loudest are usually the ones with the most non-purchased music in their library."

      yeah, because you get to check their computers.

      Nice assumption.

      I suppose you also believe that people who believe Pot should be legal also smoke it?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:I guess my wife and I are a rare breed... by Anonymous Coward · · Score: 0

      I also don't care to hear arguments against this

      In other words, you don't understand because you're not willing to understand. I fail to see why you're even posting on Slashdot when you don't want to listen to other peoples' opinions.

    3. Re:I guess my wife and I are a rare breed... by _Sprocket_ · · Score: 2, Insightful

      I really don't get the piracy thing. If you are going to listen to the music, then you should pay for it, whether that be from purchasing the CDs, or through a legitimate on-line music service. I also don't care to hear arguments against this, because those that argue the loudest are usually the ones with the most non-purchased music in their library. They are being just as self-serving as Mr. Jobs.


      This isn't a pro-"piracy" discussion. Maybe you're confused over what DRM is?


      Personally, I wish we could do away with DRM, because it is quite difficult to play the songs I legally purchased off of iTMS on my Linux computer. I think that is a load of crap, and that it severely cuts into my fair-use rights, which nobody seems to care about.


      Ahh. No... apparently you do understand at least something of DRM.
    4. Re:I guess my wife and I are a rare breed... by ickies · · Score: 1

      I agree with you, but the issue here is this: let's say some other MP3 player comes out and blows the iPod away in your opinion. It's been a few years since you bought your iPod so you want to get this new player - but all the tracks you bought on the iTunes Store can ONLY be played back on an iPod. So you have to do the burn & rip dance for however many gigs and gigs of music files you have, or you're just stuck with Apple.

    5. Re:I guess my wife and I are a rare breed... by aralin · · Score: 4, Insightful

      So do you have CDs that you both listen to? Do you feel that is ok? Did you rip those CDs to both of your computers? Do you feel that is ok? If you share your iTunes library over network, can you put unprotected songs from the shared library directly on your iPod? Do you feel that is ok?

      Somewhere in there the CDs and MP3s are being treated differently. Why is it ok if you buy a CD to let your wife listen to it, to let her rip it to her iTunes library and put it on her iPOd. Why do you think it is ok for her to listen to the song on her iPod while you can listen to it on your iPod as well? And at the same time? And why when you buy a song from iTunes Store, why don't you have the same liberty? Which one of those is right?

      So do you get it now?

      --
      If programs would be read like poetry, most programmers would be Vogons.
    6. Re:I guess my wife and I are a rare breed... by Infamous+Tim · · Score: 2, Insightful

      I suppose you also believe that people who believe Pot should be legal also smoke it?

      I believe that's a fair assumption. Maybe they don't personally toke, but they immerse themselves in an environment where others are smoking it and it's OK to do so.
      And from anecdotal evidence from when I was at college: The people that screamed the loudest about rights on the illegal file sharing web boards had the largest amounts shared. It's impossible to say whether they downloaded illegally because they believed they had the right to, or they said that merely to justify their habit.

      Stereotypes exist for a reason: they're usually pretty accurate (certain racial stereotypes aside). Don't be so defensive.

      --
      checking for libvirus... no
      ERROR, libvirus.so not found, terminating
    7. Re:I guess my wife and I are a rare breed... by Anonymous Coward · · Score: 1, Insightful

      Stereotypes exist because people take shortcuts in thinking, not because there is necessarily any truth to the stereotypes. Stereotypes, by definition, are just 'assumptions' sans the fair.

    8. Re:I guess my wife and I are a rare breed... by Anonymous Coward · · Score: 0

      So, you are telling me that both you and your wife bought each cd in your collective collection? Otherwise, if both of you have the same track on both ipods, then you are sharing; ie 'pirateing'.

      Yeah yeah, communial property. But that is an artifical construct, no matter how much it makes sence. Society chooses to allow (in most cases) married couples to 'jointly' own property. But its just your own personally justified version of piracy, in the terms you seem to define piracy.

      I am agasinst DRM because there are other, extreamly common, and reasonable extensions of fair use that should permit the unhindered transference (and even duplication, oh my!) of songs from one device to another, and from one person to another.

    9. Re:I guess my wife and I are a rare breed... by KirkH · · Score: 1

      You can purchase a song from iTunes and listen to it on more than one computer. Any number of iPods can be sync'd with these computers and hold a copy of these DRM'd files. Persons can then listen to these DRM's files at the same time on separate iPods.

    10. Re:I guess my wife and I are a rare breed... by Anonymous Coward · · Score: 1, Interesting

      "I really don't get the piracy thing. If you are going to listen to the music, then you should pay for it"

      So you dont agree with the whole idea of radio? Live bands at a bar? This is your opinion, and yet you state it as fact. ( i know i know i must be new here...)

       

      "I also don't care to hear arguments against this, because those that argue the loudest are usually the ones with the most non-purchased music in their library."

      You don't care to hear arguments against this? Oh well la dee da! I guess your clearly biased view is the only option then. Im proud to say I listen to all sorts of different music. Without piracy I simply wouldn't have a chance to hear many new bands. Which is better for society as a whole, diversity and openness or profittering and obeidience? You seem to have everything backwards. The industry has stolen from ME and my fellow citizens by repeatidly extending copyright, suing everyone under the sun, breaking fair use, extorting artists and countless other violations of the public good. Personally to the industry I say, you want a war? you got a war!

      I may not have a wife or a 30 gig video ipod, but that in no way allows your "morality" to trump mine. Its no use to write anything else anyway because as your yourself said, you clearly don't "get" it.

    11. Re:I guess my wife and I are a rare breed... by dr.badass · · Score: 1

      I think that is a load of crap, and that it severely cuts into my fair-use rights, which nobody seems to care about.

      You mean, the rights that allow you to burn your music to CD and play it anywhere you like in accordance with the doctrine of fair use?

      --
      Don't become a regular here -- you will become retarded.
    12. Re:I guess my wife and I are a rare breed... by Lord+Ender · · Score: 1

      You are a pirate. Every time your wife listens to one of your songs, you are a pirate in the eyes of the RIAA. Wait for the next version of iTunes DRM that watermarks ripped CDs, then notifies the lawyers if the watermarked songs are shared to another person's library (such as from yours to your wife's.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    13. Re:I guess my wife and I are a rare breed... by Hucko · · Score: 1

      I really don't get the piracy thing. If you are going to listen to the music, then you should pay for it, whether that be from purchasing the CDs, or through a legitimate on-line music service. I also don't care to hear arguments against this, because those that argue the loudest are usually the ones with the most non-purchased music in their library. They are being just as self-serving as Mr. Jobs.
      I am not allowed to play some commercial DVD's on my Linux machine because it doesn't come with drm compatibility. (everything I use circumvents it); that includes my own purchases. Why? Not because it isn't possible, but to force me to buy expensive solutions. I paid for the music and the dvds, not for windows and not for a software dvd player. Yet it can still be done on my machine. Tell me why I should pay $200+ to play a $30 dvd?
      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    14. Re:I guess my wife and I are a rare breed... by drifterusa · · Score: 1

      I don't know what makes your post "insightful" when the parent you are responding to doesn't disagree with you. He's not advocating for DRM, only for the legal purchase of music. I'd be interested in reading an insightful rebuttal to that.

    15. Re:I guess my wife and I are a rare breed... by Anonymous Coward · · Score: 1, Insightful

      I have never taken pot, not do I know anyone who has, nor have I ever been in an environment where people do. I also almost never drink anything with alcohol, and, when I do, it's never more than one glass of wine. Nonetheless, I, and most of my friends, are staunchly against government regulation of people's free will, especially when the harm to society is greater is greater with regulation. We hate hippies, but we will defend their right to be potheads with our lives. Why? Because we are not stereotypes; we are thinking beings. I suggest you join us.

    16. Re:I guess my wife and I are a rare breed... by Myopic · · Score: 2, Insightful

      Yeah! Exactly! You tell him brother! That's like assuming just because a man is a member of NAMBLA, that he likes to have sex with little boys! Totally ludicrous!

    17. Re:I guess my wife and I are a rare breed... by DocSavage64109 · · Score: 1

      Maybe because he is complaining about piracy while in fact making multiple copies of one cd and being a pirate himself?

    18. Re:I guess my wife and I are a rare breed... by Pinback · · Score: 1

      What sense does it make for pot to be legal if smoking is not?

    19. Re:I guess my wife and I are a rare breed... by Trogre · · Score: 1

      Yes.

      Is that a problem?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    20. Re:I guess my wife and I are a rare breed... by Trogre · · Score: 1

      If you are going to listen to the music, then you should pay for it...

      So long as the copyright holder wants money for it, ie commercial music.

      Not all music is locked up like that and can be freely shared without fear or recrimination.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    21. Re:I guess my wife and I are a rare breed... by cweber · · Score: 1

      You seem to enjoy splitting hairs, but there's no need. As far as I'm aware the license to enjoy my CDs is per household, and not per individual. I can play my CD loud and let everyone in the house enjoy it. In fact, I can open the windows and let my neighbors catch an earful too, legally. I just cannot play the CD at a public event to which people pay admission, and free public events are a grey zone.

      Also, the American Homerecording Act allows me to record all CDs I own. This implies encoding to MP3 is legal. And I can do this multiple times, and everyone in my household can legally use and enjoy any of those recordings.

    22. Re:I guess my wife and I are a rare breed... by aralin · · Score: 1

      That is exactly my point. Explaining DRM to someone who does not get it, takes splitting hairs. I hope you enjoy all your rights. No comes DRM and half of them are gone. Not by law, by a technology. Oh and when you try to tamper with the technology, there is another law (DMCA) to prevent that. If someone said, let me repeal the American Homerecording Act, you'd say: "Hell no!". I just want to hear the same response to DRM+DMCA.

      --
      If programs would be read like poetry, most programmers would be Vogons.
    23. Re:I guess my wife and I are a rare breed... by Infamous+Tim · · Score: 1

      Good for you. Now go log in and then let's have a rational discussion without this cloud of anonymonity between us. It's easy to make bold declarative statements like this on the internet.

      --
      checking for libvirus... no
      ERROR, libvirus.so not found, terminating
    24. Re:I guess my wife and I are a rare breed... by drifterusa · · Score: 1

      I don't think I've ever heard the term "piracy" used to describe making copies of music you've paid for, for personal use (as opposed to, say, for millions of your closest Internet-enabled "friends"). Even if the president of the RIAA him(her?)self said it, it's not a widely-accepted definition.

    25. Re:I guess my wife and I are a rare breed... by KillerDeathRobot · · Score: 1

      Hi, I'm not the AC from before, but I also have never smoked marijuana (or otherwise ingested it) and I'm against its current legal status in the US. I do know some people who have smoked it, but most of my friends don't, and I really couldn't be considered immersed in any kind of pot culture (though I suppose I do listen to Reggae sometimes). In any case it seems doubtful that we'll have a rational discussion about it. This is Slashdot, after all. ;)

      --
      Thinkin' Lincoln - a web comic of presidential proportions
    26. Re:I guess my wife and I are a rare breed... by Logic+and+Reason · · Score: 1

      I also don't care to hear arguments against this, because those that argue the loudest are usually the ones with the most non-purchased music in their library. They are being just as self-serving as Mr. Jobs.
      That may or may not be true, but it is completely irrelevant. A person's motivations for making a certain argument have nothing whatsoever to do with that argument's correctness; this is why ad hominem attacks like yours are considered logical fallacies.
    27. Re:I guess my wife and I are a rare breed... by prockcore · · Score: 1

      You are a pirate. Every time your wife listens to one of your songs, you are a pirate in the eyes of the RIAA


      Not if he lives in Arizona. It's a communal property state.
    28. Re:I guess my wife and I are a rare breed... by Infamous+Tim · · Score: 1

      No, listening to Reggae does not make you immersed in the pot culture, perhaps just an observer. I occasionally listen to country music, and I live in Texas. Does that make me a cowbow? (Nope)

      Anyways, I'm interested to hear your stance, since you stated your background, but never got around to mentioning what you felt on the matter.

      --
      checking for libvirus... no
      ERROR, libvirus.so not found, terminating
    29. Re:I guess my wife and I are a rare breed... by Infamous+Tim · · Score: 1

      From Wikipedia: Stereotypes are ideas held about members of particular groups, based solely on membership in that group. They are often used in a negative or prejudicial sense and are frequently used to justify certain discriminatory behaviors. More benignly, they may express sometimes-accurate folk wisdom about social reality.

      From Merriam-Webster: [S]omething conforming to a fixed or general pattern; especially : a standardized mental picture that is held in common by members of a group and that represents an oversimplified opinion, prejudiced attitude, or uncritical judgment

      In reading these two definitions, I realize that I erred in using the word "stereotype." I didn't mean to convery a negative connotation, but instead something along the lines of "if it walks like a duck and quacks like a duck, then it's probably a duck." Help me out here, what's the proper word?

      I don't think it's lazy thinking to categorize people|objects|things if you've had enough experience with them. The world is so varied, and when you're on the run and need to make quick decisions, you rely on those assumptions (harmful or not) to speed things up.

      --
      checking for libvirus... no
      ERROR, libvirus.so not found, terminating
  30. Re:Law of Averages by Anonymous Coward · · Score: 0

    That's the problem - we're not talking about an average user. We're talking about an average (mean) number of protected songs per iPod, which isn't the same thing at all.

    Which is what Jon was saying - the average number of protected songs per iPod is totally useless. For that figure to mean anything, you need the distribution. It's entirely possible that 80% of all iPod owners have around 22 songs, but equally you could have half of all iPod owners having no protected songs, and the other half having 44 songs.

    There is a major difference between those two scenarios. In the first, the cost of changing to another player (the cost of DRM lock-in) is $22, with an 80% probability. In the second, it's either $0, or $44, with a 50% probability of being either one.

    A numerical average is not the same as this mythical "average" person. That concept is more similar to the mathematical concept of the mode - the most frequent.

  31. Re:iPod Lock-In by Ksempac · · Score: 1

    You completly missed the point : The point is not that buying a new iPod will be hard for this guy but that he will never use a non-Apple MP3 player because he would be stuck with 29500$ worth of music he cant listen anymore. Hence he is locked in : he will always buy a new iPod when his own fails.

  32. Hey, Johansen by geekoid · · Score: 1

    it's not a technical matter, it's a business matter.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  33. Re:Law of Averages by backwardMechanic · · Score: 1

    Linking to wikipedia doesn't make you smart. I think we all know what a mean is, it's just that some of us realize how meaningless it can be (pun intended).

  34. No, they understand. by twitter · · Score: 1

    ... they keep getting frustrated when iTunes tells them some of their tracks can't be converted to MP3. I've tried explaining DRM to them, but for the typical layperson, it goes right over their heads.

    They are not confused, DRM simply sucks. Explaining the details is as pointless and asinine as a hide tanning lecture while someone is whipped. DRM is the ultimate non free expression, secrets created to dominate and abuse. The greed of the artist, the publisher and the listener are all played to create a dishonest deal in which none have real choices. Free and honest sales work better for everyone.

    --

    Friends don't help friends install M$ junk.

    1. Re:No, they understand. by AusIV · · Score: 5, Insightful

      They are not confused, DRM simply sucks.

      You're incredibly naive if your really believe that. I've had to explain to my girlfriend on three separate occasions that her music will only work on iTunes or an iPod, and that I can't play it on my Linux computer. I had to convince her sister that if she bought a Creative mp3 player, her music from iTunes wouldn't work on it. Apple makes it easy for people to play their music and transfer it to their iPod. Unless somebody has bought a music player other than an iPod and tried to transfer music, tried to burn an mp3 cd, or tried to use Linux, most likely they're only loosely aware that there are some things they can't do with their iTunes music. Apple's DRM is not nearly as restrictive as it could be. If nothing else just burn a regular CD and rip it back. You may care about quality, but the difference isn't enough for most users to care.

      The greed of the artist, the publisher and the listener are all played to create a dishonest deal in which none have real choices.

      Again, you have no idea what you're talking about. The artist often gets a very minimal cut of sales on iTunes, and only complies because otherwise they could lose other contracts. I'd hardly call it greedy to try and keep your job. The listener has a choice between driving to the store and buying a CD, downloading something illegally (the greediest option), or downloading it from iTunes. Then they have as many choices as they have with a CD, because they can in fact burn the music to a CD. There are two groups that could be construed as particularly greedy. The publisher, who chose DRM in an attempt to prevent piracy, would go under if everyone shared digital music freely. Then there's Apple, the distributor, who seems to have the most to gain by locking people to a platform. But Apple is saying that decision lies with the distributors.

      As far as why Apple doesn't sell some tracks without DRM, I don't think its so much a matter of confusion as not wanting to advertise DRM. As I've stated, there are iTunes users out there who don't realize there are restrictions on their music. If the music store didn't distinguish between DRM free tracks and tracks with DRM, users would never know for sure what they're getting until they'd bought it. But if they put anything to indicate that some tracks have DRM and some tracks don't, it would call attention to DRM, and users would begin to realize their music had restrictions on them. Whether you'll admit it or not, right now most iTMS customers are blissfully ignorant towards DRM, and the only way Apple is going to make sure every user knows about DRM is going to be in the context that the iTMS is now DRM Free.

    2. Re:No, they understand. by TheSkyIsPurple · · Score: 1

      >You may care about quality, but the difference isn't enough for most users to care.

      Especially considering you're starting from lossy encoding to begin with.

      I bet if you're picky enough to get bothered by the double sample, you're picky enough to be annoyed by the "pitiful compression" or whatever the musical elites are saying these days ;-)

      Or, if you're not bothered by one, you won't be bothered by the other

    3. Re:No, they understand. by mattgreen · · Score: 1

      Absolutely incredible that you argue in favor of DRM by saying "it could be worse." Of COURSE it could be much worse. That isn't an argument, that is an excuse for the way that things are. DRM complicates moving music between devices, as your anecdote pointed out.

    4. Re:No, they understand. by AusIV · · Score: 1

      I'm not trying to argue in favor of DRM at all. What I'm arguing is that the average user isn't very aware of the DRM because it isn't restrictive enough for them to notice. As a current Linux user and former iTMS user, I find it to be a complete pain in the ass.

  35. A Major Injustice by roughtrader · · Score: 5, Interesting

    When devising our digital store (www.roughtrade.com), we didn't for one moment consider having DRM catalogue included. Contrary to it being a marketing issue of differentiation against would-be digital competitors, us opting to sell only DRM-free MP3's has been moral stance informed by three decades of selling music. We consider it morally wrong to impose one set of ownership rights (on the same album) to those customers preferring to buy one format and not another - instead, we treat all our customers the same, whatever format they decide to purchase. To do otherwise would be disrespectful to our customers accrued over thirty years. As it currently stands, major labels have ignored our long-standing retail support and that of our customers (arguably the roots of their prosperity) in favour of imposing DRM and thereby propagating an uncompetitive digital retail market, whereby retailers such as ourselves are unfairly discriminated against to the continued advantage of an effective monopoly. For Rough Trade, music is not a content driver, music is a passion shared with like-minded people over a counter or website. The more music retailers that uphold this value, the more prosperous our industry would surely become. The sooner DRM is scrapped by major labels, the sooner we can present our long-established customer base a consistent offer, whether they visit our London stores, buy online at our mail-order website, or download MP3 from our digital store website. The end result being we can compete on a level playing field, allowing music lovers to choose their digital retailer based on 'music lover' factors such as the retailers ability to recommend exciting new music, and not uncompetitive, discriminating terms of format availability.

    1. Re:A Major Injustice by jaypaulw · · Score: 1

      what's with all of the music that is "CURRENTLY NOT LICENSED FOR SALE IN UNITED STATES OF AMERICA" and if I'm not mistaken, there's a very limited selection of what your group has to offer.

      For now emusic and amazon (if it isn't on emusic) are the only ways I am currently buying music.

    2. Re:A Major Injustice by roughtrader · · Score: 2, Informative
      We're a UK based retailer, and as such, do not have US territory rights to sell certain label product.

      As to your observation of us having a very limited selection, this is partly deliberate, partly (as just pointed out) territorial, and partly (as my original posting stated) a symptom of major label DRM:

      a) we consider a limited selection is not negative, it is positive - we do not sell label content for the sake of volume stats - our customers shop with us appreciating 'less is more', in that a multiplicity of choice is overwhelming and our recommendation authority helps edit toward a focus on the most interesting titles - we have a widely acknowledged status of being one of the world's greatest record stores as a result - google us to see;

      b) being a UK-based retailer, we don't have US rights on some label content;

      c) DRM prevents us from retailing the major label product offer as found in our London stores and mail-order website.

      I hope that helps explain.

    3. Re:A Major Injustice by Anonymous Coward · · Score: 0

      a word about your store: grey on grey text is not exactly easy to read, especially for the (even slightly) sight-impaired...

  36. transparent? by Floritard · · Score: 1

    "This could be done in a completely transparent way and would not be confusing to the users." Who even wants it to be transparent? I would want complete segregation of DRM and non-DRM. As it is I've never used ITMS because DRM just sounded like a bad deal to me from the very start, even before this blu-ray/Vista nonsense really heated up. The whole thing reminded me of Circuit City's Divx rental format from back in the day. But I might actually use ITMS, if I could buy straight up uncrippled mp3s, and they'd do well to advertise that fact prominently. Then again 99 cents a song was always a rip-off.

  37. apple by jjeffries · · Score: 3, Funny

    >It should not take Apple's iTunes team more than 2-3 days to implement a solution for not wrapping content with FairPlay...

    Yes, but that doesn't include the six months needed to design the new icons...

  38. Re:Law of Averages by 91degrees · · Score: 1

    So would you suggest that the people keeping iTunes in business are the ones that buy 22 songs?

  39. Re:Law of Averages by grimJester · · Score: 1

    Additionally, it doesn't matter what fraction of iPod owners or iTunes customers are locked in. What matters is the amount of people locked in, and what moving to another brand would cost them. The sum of lock-in is the gross revenue of the iTunes store. Every DRM:d song is worthless when you want a non-Apple mp3 player.

  40. Re:Law of Averages by walt-sjc · · Score: 2, Funny

    if you are one of those extremes who's spent $30k on iTunes music, you probably don't care that it locks you into the iPod as your portable player.

    Such wealthy people include Apple executives... Hmm.

  41. Steve Jobs is absolutely right by NXprime · · Score: 0, Offtopic

    Steve Jobs is absolutely right when he says that most music is ripped from CD. I have 1318 songs on my ipod and only 69 of those are from iTunes. So I paid $69 for DRM music? Ehh no. About 40 of em were from those Pepsi 1 free song giveaways the last few years. Also to note, I have paid for 26 TV show episodes & 5 ipod games. My real beef with iTunes isn't the DRM since it doesn't bother me at all. What does bother me is the low bitrate music songs that it offers. I literally pay upwards of $30-$40 per CD for some decent Japanese music that I am absolutely addicted to. Anything less than Apple Lossless would be a crime for the price that I paid for that music. I feel it's excellent quality music so therefore 128 kbs protected ACC encoding seems completely inferior than what I'm used to listening to. That and the fact the Japanese version of iTunes ain't got jack shit on it. :/ Oh and LOL, I am paying $30 per CD like the RIAA wants me to. Stupid Japanese music prices. :(

    1. Re:Steve Jobs is absolutely right by $dancarlson · · Score: 1
    2. Re:Steve Jobs is absolutely right by NXprime · · Score: 1

      They don't have any of the opening/ending theme songs to anime shows that I like. Like... at all. None, zip, zilch.

  42. Re:iPod Lock-In by TheRaven64 · · Score: 1

    I doubt it. Anyone who would by $30K of music from an online store probably has enough money that they could easily afford to buy it again.

    --
    I am TheRaven on Soylent News
  43. Re:Law of Averages by Muad'Dave · · Score: 1

    Yes, but the average human has less that 2.0 legs. (Seen on /.)

    --
    Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  44. Re:Law of Averages by MightyYar · · Score: 4, Insightful

    Mod parent up! DVD Jon may be a cult-hero around here (I know I like him), but he certainly isn't privy to the negotiations that Apple has had with the major labels. He's smart, not omnipotent. It would not surprise me in the least to find out that Apple's agreement with at least one of the major labels includes a prohibition on Apple selling any unprotected music.

    Jon is not an idiot, though, Mr. Parent. :)

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  45. Re:Law of Averages by joshetc · · Score: 1

    He knows what average means. His point is that using an average is misleading, because of the extremes.

    Upon reading your post all I could think about is how funny it would have been had you said "He knows what mean means".
  46. Self-serving or not by Enrique1218 · · Score: 1

    A major player is calling for the abolishment of DRM! Rejoice! DRM should be abolish. His opinion holds more weight in public circles (entertainment, politics, technology) than the thousands that post here daily. Who cares what his reason is? Let's see if Bill gates or Steve Balmer make a similar self-serving statement.

    --
    You don't have to be smart to use a Mac, you just have to be smart enough to buy one
    1. Re:Self-serving or not by dlim · · Score: 1
    2. Re:Self-serving or not by macs4all · · Score: 1

      He isn't saying that DRM is BAD, per se; he is just saying it's too COMPLICATED. BIG difference! Oh, and one look at Visturd(tm)will CLEARLY let you know where Mr. Gates' heart REALLY is on the subject of DRM.

  47. 2-3 days to implement the -code-... by jofny · · Score: 1

    ...but...if Apple's remotely like most other big companies...that means they also than need a few weeks or months to assure (with See Jane Run style powerpoints) the middle management that they're not losing any of their rice bowls, whiffle ball bat the DRM-opt-out concept into the heads of the sales and marketing teams, and then crowbar the code into the release cycle thats already been planned out months ahead.

  48. i've noticed the tension by circletimessquare · · Score: 5, Insightful
    between hardware manufacturers and content creators

    just this morning, i read this (Hollywood Takes Its Concerns About Piracy and Taxes to Washington):

    In a rare moment of newsmaking, Barry M. Meyer, the chairman of Warner Brothers, issued a sharp rebuke to the president of the Consumer Electronics Association, Gary Shapiro, who warned in January that antipiracy efforts could "smother" technological progress and said that "private conduct may be unauthorized, but that does not mean it is piracy."

    Mr. Meyer took issue with calling the theft of intellectual property merely unauthorized rather than illegal, and said that Hollywood's promotion of so-called digital rights management technology had made it possible for consumers to rent or buy movies and TV programs at a variety of prices.

    "It's easy to demonize it, but without some level of control and order, things don't work," he said. "The only choice we're not offering is free."

    He added: "Unlike the technology industry, which can outrun pirates by upgrading their product, there is no 'Gone With the Wind 2.0.' "


    i have a feeling that the prime mover and shaker in the wars for/ against drm will be fought mainly along this battlefront. so either hardware manufacturers, by ignoring content creators, will drag content creators kicking and screaming into reality, or content creators will probably, as a mode of attack, simply buy hardware manufacturers, and silence them via business channels

    some, like sony, are both hardware and content creators. internal battles on the issue within sony might be revelatory for what our future holds

    i'm actually pretty upbeat about the future in this regard though. people like jobs show that hardware manufacturers are just as willing to dream about bullying around content creators as visa versa. it was the content creators dithering and denial on the subject of downloadability that allowed jobs to create iTunes and lead us into the future, so to say. from an obvious business perspective in terms of natural fit, content creators should have been the ones offering a download storefront on the internet, but they didn't out of their fear and panic about what the internet meant to their existence. along came a hardware manufacturer, with nothing to lose on the content front, and therefore no fear, and filled the natural void of consumer want/ need that wasn't being filled as it should have naturally been filled by the content creators. and for dithering as they did, now content creators are in a deeper hole because they have to deal with a formidable opponent, jobs, with nothing to lose and no reason not to defy content creators. he is now in charge of the largest growing revenue stream for the content creators, not one of their own stooges. good for the consumer

    and besides, even if all of american hardware and content creators were consolidated business-wise against the interests of us, the consumers, there is always hardware manufacturers in china, or russia, or india, or europe, who would be all too happy to steal the lions share of the marketplace from consumers sick of the ridiculous 1984-style limitations on their hardware that would obviously result from collusion between hardware and content creators

    in other words, i don't think content creators have enough business muscle AND international clout to completely limit the range of drm-free options we as consumers will be able to access hardware-wise. and therefore, content creators and their dreams of completely controlling how we access our own culture is doomed ;-)

    an odious intrusion, simply because they want to preserve their antiquated pre-internet business model. no, i have a better option: why don't you just fade away and die, movie/ music conglomerates? you need us. we don't need you. welcome to the future: the internet has rendered old style media distribution models, where you could easily put up your tolls, archaic. in the future, artists will reach consumers directly

    in short, you're history
    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:i've noticed the tension by jafac · · Score: 1

      some, like sony, are both hardware and content creators. internal battles on the issue within sony might be revelatory for what our future holds

      Betamax
      Minidisc
      PSPvd
      Blu-Ray

      That's Sony's track record. The content cartel suck-up has led them to, over and over, invest in technology that CONSISTENTLY LOSES in the marketplace - even though other aspects of their devices are clearly superior, technically, to competitors. (for example: Sony makes some of the most kick-ass consumer-level digital cameras)

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    2. Re:i've noticed the tension by KH · · Score: 1

      Good point overall. Don't forget, however, that Jobs also represents content creator's side, viz., Disney.

    3. Re:i've noticed the tension by curunir · · Score: 1

      ...i don't think content creators have enough business muscle AND international clout to completely limit the range of drm-free options we as consumers will be able to access hardware-wise.
      If only that were true. Unfortunately, because of the way the content companies have been able to exert control over the US government, they do have a disporportional amount of "clout" internationally. US influence over the WTO is making strong protection for copyrights and patents a requirement for membership in that body (see the WTO's TRIPS site for more info). This requirement basically extends the reach of content creators into countries who don't want to be shut out of the globalization process. In short, because of the WTO, the US is exporting our crazy laws on copyrights and patents to the rest of the world and content creators need only exert influence on Congress to exert influence on the rest of the world.

      /me wishes we'd finally overhaul our campaign finance laws so we could get back to a situation where our elected officials actually behave as if they have our (the people's) best interests in mind instead of others (people willing to spend the money to get them re-elected). The number of problems where this is the necessary first step (including the one discussed above) is disheartening.
      --
      "Don't blame me, I voted for Kodos!"
  49. Re:Law of Averages by EggyToast · · Score: 1

    So who's that? Sure seems like the vast majority is perfectly happy buying iPods, and then buying more iPods.

  50. Steve's a salesman by suv4x4 · · Score: 0, Flamebait

    You know the salesmen that ring on your doorbell to sell you the latest in water-filtered dust hoovers, or the TN infomercials selling you those ultrasharp, lifetime guarantee knife set?

    Steve's no different, except he's a very rich, and smarter salesman. He believes that if you mix: "cool" + "easy" + "hype", he has the sale secured. He won't mind bending some facts to tell you his story, and of all facts, by far the easiest to bend are the statistics, of course. A baby can do it, as he'd say.

    I would comment when the original articles was posted, the problem is, this is far too transparent for most people his essay is directed to.

    Not that I really believe Steve Jobs will care to read this post or even less take advice from a random commenter, but: Steve, keep the salesman tactics for your next product pitch to the consumers. When you talk to serious people, you better have serious arguments.

  51. Here Here! Cheers DVD Jon by Biff98 · · Score: 3, Informative

    I applaud Jon for his words. TheRegister.com also ran a story about the Norwegian official complaining RE: Steve Job's "passing the buck" style attitude. It can be found here.

  52. repeat after me by geekoid · · Score: 2, Insightful

    Apple isa hardware company, Apple is a hardware company, APlle is a HARD-Fucking-WARE company.

    They compete on the HARDWARE not the music.
    Otherwise it wouldn't be trivial to get around the DRM by design.

    I can put any mp3 I wan't on the iPod no matter where I got it from. If they wanet lockin it would only play AAC files. Guess what? that wouldn't sell many iPods, which is what they want because they are a hardware company.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:repeat after me by ben+there... · · Score: 4, Insightful

      Apple isa hardware company, Apple is a hardware company, APlle is a HARD-Fucking-WARE company.

      They compete on the HARDWARE not the music.

      You said the same thing here.

      I can put any mp3 I wan't on the iPod no matter where I got it from. If they wanet lockin it would only play AAC files. Guess what? that wouldn't sell many iPods, which is what they want because they are a hardware company.

      But you're looking at that backwards. It's not about preventing you from playing non-aac formats and locking you into the store. It's about selling you music that only plays on an iPod, and locking you into the iPod. Once you have a $500 collection of iTMS music, it becomes too much of a waste of money to make your next purchase *not* an iPod. Protects their revenue stream. The hardware.
    2. Re:repeat after me by Anonymous Coward · · Score: 0

      Since when is one required to put music purchased on iTMS on an iPod?

    3. Re:repeat after me by just_another_sean · · Score: 1

      Since when is one required to put music purchased on iTMS on an iPod?

      No one is *required*. But if one does...

      I think the point the GP is making is where else can you put music bought from iTMS? And don't say you can play it on your PC or Mac if you run iTunes. That's not what we're talking about.

      The point I keep seeing repeated over and over while also seeing it refuted with opposite-thinking replies is that if you buy music from iTMS you can't move it to another player, at least not without violating the DMCA. (at least I think this is the case, I stand open to correction!)

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    4. Re:repeat after me by Anonymous Coward · · Score: 0

      Motorola cell phones that licensed iTunes from Apple. That shows Apple's willingness to license iTunes but not the DRM, which supports what Jobs said. Licensing DRM is a losing proposition because if one licensee's implementation breaks it, Apple must scramble to fix all. However, licensing iTunes means that the DRM implementation is still in Apple's hand. And as often as it's asked, you can burn iTunes songs to Audio CD (allowed in the user agreement) which you can rip back to MP3 (allowed via fair use) without violating DMCA, though the quality degrades.

      If other MP3 players wants to access iTunes Store, perhaps they should try to license iTunes instead of FairPlay?

    5. Re:repeat after me by wanorris · · Score: 1

      Of course, Apple is a hardware company. But they have no desire to be a commodity hardware company and compete purely on price/features. That's why they develop their own OS: the OS is likely a loss leader, but it (a) provides perceived added value that can only be used on their hardware (b) locks users in to paying for Apple's hardware if they want to keep using Mac-only software and file formats.

      Likewise, iTunes is a loss leader (or maybe a breakeven product). But it encourages repeat purchases of Apple hardware by (a) forcing users to move to different software if they want to use a different player, and (b) forcing users to abandon any DRMed content that they have purchased through iTunes.

      If you are very happy with a Lenovo ThinkPad computer or with a Toshiba DVD player, your reason for getting another one is to be sure that you get another one of similar quality, but there's nothing else really stopping you from buying a Dell, or an Sony, or a Samsung unit if there's a really good deal or a superior model. If for some reason you prefer a new Vaio or a Sandisk Sansa as a successor to a Mac or an iPod, there are a number of highly significant considerations you need to take into account that might make you reconsider changing manufacturers. This is one of the cornerstones of Apple's profit model, and if you think this hasn't occurred to Steve Jobs, you're crazy.

      DRM isn't the only thing that helps ensure people will stay loyal to iPods, but nevertheless it's one of several important factors that Apple uses to try to lock people in. When you add in the fact that other DRM schemes such as PlaysForSure are so bar that they actively deter customers from buying products that use them, DRM is a massive competitive advantage. Why would Apple want to give that up?

    6. Re:repeat after me by Scrameustache · · Score: 1

      locking you into the iPod. Once you have a $500 collection of iTMS music, it becomes too much of a waste of money to make your next purchase *not* an iPod. Protects their revenue stream. The hardware. iTunes itself will let you burn your collection to a CD, stripping off it's own DRM.

      The "lock-in" issue is a red herring. Jobs has been trying to get the labels to let him sell music without DRM since before the launch of the itunes Store, but a lot of people have been ignoring that and paying attention to FUD instead. I dopn't know why you want to believe that Jobs wants DRM, but every single thing he's done and said points to the contrary. It's very clear that the RIAA members are the ones pushing for DRM, not him.
      --

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

    7. Re:repeat after me by multisync · · Score: 1

      you can't move it to another player, at least not without violating the DMCA


      I hadn't thought about that angle. I use the same method mentioned by a poster above: burn to a CD-RW and rip it back to mp3 or ogg (yes, I know it's lossy). I suppose doing this would constitute circumventing a copyright protection measure, violating the DMCA.

      I'm not a USian, so it doesn't really matter to me. But it's a good example of how easy it is to commit a federal offense in the United States these days.
      --
      I don't care why you're posting AC
    8. Re:repeat after me by geekoid · · Score: 1

      Yes, I am well aware that I posted it before.
      It's stil true, and you are still wrong.

      I suppose, but you do not need to get your music from iTune to begin with.

      I could say that CD's lock me into only buying CD players that can play red book standard.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:repeat after me by Anonymous Coward · · Score: 0

      It's stil true, and you are still wrong.

      You can't just say it's "stil true" [sic], you actually have to refute the gp's arguments. Which you can't, because what he says is instantly obvious to anyone with a functional brain, or half of one.

      Let's go through this slowly now.

      Premise: Having iTunes music only play on iPods means the iPod will be able to play all music other mp3-players play, in addition to music from the iTunes store.
      Conclusion: This enhances the value of the iPod.
      Corrollary: Therefore, people will buy more iPods if iTunes music is DRMed.

      Contrast this obvious line of reasoning with your incoherent suggestion that selling DRMed music on iTunes makes as much sense as preventing the iPod from playing mp3s.

      Premise: Having iTunes not play mp3s means the iPod won't play all the music other mp3-player play.
      Conclusion: This dimishes the value of the iPod.
      Corrollary: This, in contrast with selling DRMed iTunes music, would sell fewer iPods.

      Clear enough? (Prediction: you'll reply to this with something like "repet after me: i am rite, you are wrong, i am ...", which seems to be your favorite debating method.)

    10. Re:repeat after me by Anonymous Coward · · Score: 0

      I could say that CD's lock me into only buying CD players that can play red book standard. Yes, and if only one company made CD players then you'd have a point.
    11. Re:repeat after me by dch24 · · Score: 1

      I know, I know... don't feed the trolls...

      Purchasing music from iTMS means: ... playing it on an iPod? Where did you get that idea? It means playing it in iTunes. At that point, assuming you are a strict DMCA-abiding anonymous coward, your next step is... Burn to CD. Re-rip. Why would you buy a 128kbps AAC anyway, if you were concerned about lossy encoding? So you now re-rip to a 256kbps mp3 (pretty much overkill) and you'll have the same quality as your original 128kbps AAC, no DRM, and you are not in violation of the DMCA. You have not circumvented a protection measure because you used iTunes to create a non-DRMed copy.

    12. Re:repeat after me by Anonymous Coward · · Score: 0

      Yeah, that's really straightforward. It takes several non-obvious steps, reduces quality, and requires iTunes anyway. With an iPod you can just put the damn thing straight onto your player. If you have another player, you can't do that. End of story.

      I take it you don't have any non-tech-savvy friends at all with iPods? Believe me, nobody has any freakin' idea of how to get their stuff onto another player. And that's just the way Apple wants it.

      Are you disagreeing with the statement that a lot of music only plays on an iPod* is not an incentive for the average customer to favor the iPod over other players? If not, how can you argue that this isn't beneficial to Apple?

      * Alright, alright -- only plays on the iPod unless you load it into iTunes, rip it to a CD, re-rip it, and then put it on your player. Happy now?

    13. Re:repeat after me by ben+there... · · Score: 1

      iTunes itself will let you burn your collection to a CD, stripping off it's own DRM.

      True, but it only works for music. There is no simple way to do it with movies, TV shows, or music videos. Even with music, it is definitely not simple enough for most iTMS customers to do it. They're still more likely to keep buying iPods than to burn and rerip huge collections to move to another player.
  53. Indie Music by dcw3 · · Score: 2, Insightful

    There are... many Indie artists who would love to sell DRM-free music on iTunes, but Apple will not allow them

    I'm all for allowing Indie artists access. My question is how would you implement this, and not end up with every American Idol reject? How would the typical user be able to sift through it all to find talent vs. a bunch of basement bands? Sure a rating system would be helpful, but if I'm searching by song names could still end up with long lists of remakes. There needs to be some sort of minimum standard, otherwise the system will get unwieldy.

    --
    Just another day in Paradise
    1. Re:Indie Music by Falkkin · · Score: 1

      The simplest solution may be an economic one: ITMS could charge something like $100 per album upload. Then a band would actually have to consider whether it's likely that their tracks will get a couple hundred downloads. It's not a perfect solution, but it'd probably weed out about 75-90% of the crap.

    2. Re:Indie Music by prockcore · · Score: 2, Informative

      I'm all for allowing Indie artists access. My question is how would you implement this, and not end up with every American Idol reject?


      How do they do it now? 30% of the music on iTunes right now is from indie labels.

      The problem isn't indie labels can't sell on iTunes, it's that they can't sell on iTunes without DRM. Apple requires DRM for everyone.. Apple, not the labels.
    3. Re:Indie Music by goaty_the_flying_sho · · Score: 2, Insightful

      What if Apple's contract with the majors restricts them from selling any music without DRM? Should they pass on the big four so that they can sell the guy next door's casio compilation without DRM?

  54. iTunes submission application is here by mveloso · · Score: 1
  55. Re:Law of Averages by MicrosoftRepresentit · · Score: 0

    Yes, that was a bit harsh, but I dislike people who get praise for some thing they have done, and then spout off like they're suddenly an authority on everything.

  56. WSJ also by jamietre · · Score: 1

    From yesterday's Wall Street Journal, entitled "Is Jobs Playing A New Tune?" Article not available for free online, but the important comment is:

    "To BusinessWeek, Mr. Jobs has gone "from controversy to PR coup in a matter of words" with a "dramatic about-face that could recast Apple's role" in the debate over copyright protection. But "Thoughts on Music" may to some sound less like a true cry for change than a part of Apple's long-running and successful campaign to cast itself as one of the good guys -- by adopting an already ascendant idea"

  57. "arguably the world's leading business newspaper" by Flying+pig · · Score: 1, Troll

    Very arguably indeed. The Economist has hijacked its title - it exists purely to promote a particular free market economics, and therefore you cannot expect any kind of reasoned debate on its pages. It's about as independent and academically respectable as the "Cato Foundation". It's likely that, taking the world as a whole, the majority of economists do not accept the baseline belief of "The Economist".

    --
    Pining for the fjords
  58. So, Steve, How many is that per iTunes user? by 91degrees · · Score: 1

    The numbers are misleading, but in another way.

    A vast number of those iPod owners have bought zero songs from iTunes. They rely on CD rips, or in some cases, non-protected downloads. Then there are a few who might have bought one or two, but found the restrictions too great, and given up. So, how many people have bought more than 100 songs? Because every single one of them has an effective additional cost of $100 on any other mp3 player. So, how many? A million? 5 million? Most of these people will want to upgrade to the newest iPod at some time. I'm sure those 5 million extra sales aren't going to hurt.

  59. I beg to differ by mrbarkeeper · · Score: 0
    "...It should not take Apple's iTunes team more than 2-3 days to implement a solution for not wrapping content with FairPlay when the content owner does not mandate DRM. This could be done in a completely transparent way and would not be confusing to the users."


    I think it would be confusing and that's why Apple never went for the different-rights-for-different-songs route as some of the others. They want all or nothing so that the customers know exactly what they get.

    Plus I think it would weaken their stand against the major labels. First they will have to get them to open up their catalog drm-free and then the smaller labels will follow.

  60. Re:Law of Averages by Anonymous Coward · · Score: 1, Insightful

    For median, extreme would play little role if any at all (if you change the extreme at either end, there won't be a change in the median.

    For mode, that's where most people having a same segment of values, extreme ends wouldn't matter either.

    Only mean is effected by extreme ends, but all get effected by other kind of extreme (like extreme in data dispersion, where average has little value).

    This Jon guy really needs to think again about what he said, and even should go publicly declared his argument invalid. He tried to prove Steve misuse statistics, but he's the one that misuse it.

    I also like to point out that there's conflict of interest here if someone say Steve did it for himself. If there's no DRM, there's no Jon.

    I like none-DRM product. However, I also see a point of DRM. Jobs didn't point out that it's much easier and convenient to transfer/copy computer musics than CDs. Also the quality is also preserved (versus convert from wav files to mp3 file for example).

    Why convenience is important, for many if not most, little convenient is all it take to stay on some thing (like MS windows for example). That's part of ignorant, fear, uninformed, etc.

    People know that house locks does not work. And this I mean in the same sense as DRM. People can still open your door. Do you advocate not to use house lock at all? So the does not work argument also is flaw.

    For those that doesn't like DRM, let me tell you, I came from a country that does not enforce copyright, and musics and similar intellectual property industry doesn't develop well like in the US because of rampant copy of stuffs. So, if DRM can help protect things as much it can do as possible, let it be. And I emphasize on "as much as possible".

    To be fair, I see a good argument against DRM too. For example, I want to play HDCP content with a high def monitor without HDCP. This is a technical problem that they should have resolved before implement it. By this, I mean DRM has to consider the fair use and similar scenarios.

  61. i haven't bought a cd since 1999 by circletimessquare · · Score: 2, Informative

    and i have never pruchased a song online

    since 1999, my musical tastes have grown eclectic, and my musical collection has grown huge and varied and rich

    what piracy has enabled me to do is to "grow up" outside of american pop music and embrace music from the world. to download trance music from the netherlands, bhangra from india, soca from trinidad, wierd love ballads from japan, and strange slow ditties from the philippines

    the existence of the rich esoterica easy at my fingertips would have been impossible in a world of music conglomerate tolls

    in other words, i do have a valid argument for music piracy, simply because i don't download lindsey lohan or justin timberlake, so before you rail at me for stealing form starving third world artists:

    if it weren't for piracy, i would never have been exposed to the artists i am listening too in the first place

    it's a catch-22 position: i couldn't "steal" from the artists i listen to if piracy (via looking at the musical collections of others who have a track or two that i like) didn't exist

    music piracy is the best thing that has ever happened to my musical tastes and my musical experience. it expanded my mind. and i'm not stealing from anyone. i am an audience for the artists i listen to that wouldn't exist in a world where priacy didn't exist

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:i haven't bought a cd since 1999 by Anonymous Coward · · Score: 0

      Although I'm not keen on them, if I stood in front of a busker in the street for half an hour listening to him playing away and I was enjoying the music I think I'd feel like a bit of a heel for just walking away at the end of it without giving him any money.

      music piracy is the best thing that has ever happened to my musical tastes and my musical experience. it expanded my mind. and i'm not stealing from anyone. i am an audience for the artists i listen to that wouldn't exist in a world where priacy didn't exist

      My, my, my. I'm glad *you* are getting so much out of it. Y'know I think the artists probably would exist without you.

      Your point about opening up music to people who wouldn't hear it normally is valid though. It is usually more beneficial to the artists if some of those who get to hear them through such unofficial channels convert to a sale somewhere.

      I've no problem with infringing a bit of copyright once in a while. No-one, except the very rich or those with very narrow tastes, would be able to afford to purchase all the music they like, and as long as there are enough people giving something back to the artists to offset the leeches then all is well.

      Even for independant artists/labels there are costs associated with getting music out. There's recording engineers who need to feed their drug-habits/families, instruments, amplifiers, microphones, monitors and media to be bought, pressing costs, shipping, travel costs for press and promotion, accountants to deal with the local RIAA and IRS equivalents, etc., etc..

      If you like the music do the decent thing and give *something* back to the artists and the support people who make the music happen, otherwise come next year they may be rather dejected and not be able to afford to make that difficult second album ...

    2. Re:i haven't bought a cd since 1999 by soliptic · · Score: 1
      It's great that you've looked beyond American pop and found the vast array of fantastic diverse music from around the world.

      I'm a little bit confused, though, why you wouldn't pay for it? I'd be fairly confident in thinking Dutch trance producers, Indian bhangra musicians and so forth, need your money even more than Justin Timberlake does.

      (Hmm, of course, you said you haven't bought a CD or a download, you didn't rule out buying vinyl, cassette or wax cylinders. Seems unlikely though.)

      n other words, i do have a valid argument for music piracy, simply because i don't download lindsey lohan or justin timberlake, so before you rail at me for stealing form starving third world artists: if it weren't for piracy, i would never have been exposed to the artists i am listening too in the first place

      I don't really see how it's a catch-22 at all. You pirate it, you listen to it, you enjoy it... THEN you buy it? No?

      NB: Not trying to be "holier than thou", just saying.
  62. assumptions by Anonymous Coward · · Score: 0

    Commenting that Apple could easily sell music that contains no DRM makes two assumptions:

    1) Apple's contract with the major labels will allow the company to sell files that are not protected. This is an assumption I'd be loath to make. I can easily imagine Sony, Warner, Universal, et all insisting that all music be protected

    2) Consumers would react favorably to a store that sells both protected an unprotected music. Having spent a goodly part of my life in retail I can attest to three things: a large number of customers are rude, stupid, and unreasonably demanding. Having a store with one price for all tracks and everything protected makes it easy for everyone involved.

  63. Re:Law of Averages by Zenaku · · Score: 4, Insightful

    Nor does the average matter. The statistic that would matter is this. . . what percentage of iPod owners have at least one track on their iPod that they purchased through the iTunes store? Because any iPod owner who has a single song from iTunes is "locked in" in the sense that they can't switch to a different device without giving up music they have already paid for.

    Everything else is just a measure of how severely they are locked in, how much already-paid-for music it would cost them to switch. But even if the switching cost is to give up just one track that you already paid for -- lock in is lock in.

    --
    If fate makes you a motorcycle, you become a motorcycle.
  64. I don't know what the big deal is by Lysol · · Score: 5, Insightful

    Why is this creating such a commotion, or better yet, why are people arguing against Jobs? I'm no apologist, but his stance made 100% perfect sense to me.

    DRM:
    Look, if you are required by some companies to use DRM, what are you going to do? 1., use it or 2., don't and don't sell their music. I think DRM is a sham, but it's pretty clear what the companies want that own the music they license out to iTunes.

    iPod:
    Again, I agree with Jobs here. The iPod plays MP3 and AAC, which can both be considered 'standards'. The only thing missing, of course, is Ogg. But this is pretty good. I don't see anyone bitching much about the Zune which has THE WORST DRM imaginable on a player. Not only is your DRM-free songs wrapped in DRM, but when you share (or squirt - jesus..) these with the social - this is ANY track mind you - it's wrapped in DRM and the receiver can only listen to it 3 times and/or it expires automagically in something like three days. I can't begin to say how unbelievably lame this is for the consumer, but makes perfect sense to the record companies. Where's the uproar against the worlds largest software company regarding that?

    iTS:
    Yes, it does not sell all indie labels (some tho) and yes, Apple probably could roll in something to allow non-DRM stuff to work perfectly with DRM stuff. But again, without having priviledged access to the project/source, who's to say how that could be done. I'm sure it could be though. I still think Apple does a pretty good job with the iTS. I mean how many other music stores out there fight with the record cartel to keep prices low? If it was Bill G or Ballmer or whoever else, you know they wouldn't give a shit about $.99 price and kowtow to the labels every wish. This is a FACT.

    Licensing FairPlay:
    I'm with Jobs on this one. M$ tried it with the 'Plays For Sure' and look where they are now, copying iTS/iPod. For a company providing a product, NOT a socially beneficial service, it makes sense to keep it small and in control. Doesn't mean I support FairPlay, but from a practical product standpoint, Jobs is right and the real goal is to get RID of FairPlay, not expand it to more vendors.

    In the end, again, I don't know what all the fuss is about. Of course the Microsoft club is gonna slam everything Jobs does - cuz they're not #1 in that area, so they'll naturally hate everything else. But the Econ calling the article 'self serving'? I dunno, I guess, but how is taking the labels to task so self serving? When did Ballmer last call for the labels to drop DRM? Or any other big computer/electronics exec? I think Gates went as far as mentioning at one point that DRM "won't work" but, that falls very short compared to Jobs speech.

    I also don't look at the iPod as some big monopolistic, lock in mechanism. I can play all the formats I use on it except, again, Ogg. And for indie artists, there's always eMusic or CDs. The Econ article, and many others, cite lock-in as a argument the EU is using, but seriously, why would someone jump ship to a player from M$ or Sony? Plus, what does Jobs really have to lose if the EU rules iTS/iPod illegal? Fine, worst case, don't sell to them. And then what DRM will the EU run to? M$? Sony? Or will they spend years and years coming up with some 'standard' that then fades away when the labels finally cave in to unprotected tracks, but only because consumers demanded it from them? The EU may sue or whatever, but Apple dropping FairPlay is not going to happen and again, music players are not computers, so the 'lock-in' will fade.

    I think, if anything, more people should be backing Jobs. What other high profile hardware maker is saying the same? M$? Sony? Creative? Sandisk? His stance on having the EU look at EMI and Universal is dead on. I've been in the music industry and they ARE the culprit in this case. 100%. If anyone opened up an online music store tomorrow and wanted major label music, it w

    1. Re:I don't know what the big deal is by curunir · · Score: 1

      ...but it's pretty clear what the companies want that own the music they license out to iTunes.
      It's really sad that this is becoming the popular notion. It means that the content cartels are succeding with their campaign to legitimize terms like "Intellectual Property."

      However, in point of fact, content companies do not own the music they license to iTMS. They own the copyright on that music. There's a slight, but extremely important difference between the two.

      In the content creator's world, where art created by them becomes their "Property", they own the music and give you as little rights to their creation as is possible while still convincing you to pay for it.

      In the world envisioned by the creators of the copyright notion, the content creators have two choices. They are free to not share their creations with the world to the detriment of the people who would have otherwise benefited from the creation in the first place. Or they can be incented to give their creation to the world in exchange for a limited monopoly that makes that sacrifice worthwhile. Regardless of what those incentives are, the choice is still an all-or-nothing proposition with regard to who "owns" the creation--keep your creation to yourself or give it to the world. There is no middle ground.

      If we, as consumers of created content, continue to allow them to transition from a notion wherein created works are given to the public domain in exchange for limited benefits to a notion where created works are owned by their creators, we will continue to lose ground in the fight against DRM and other technologies that seek to limit the rights of the consumer and expand the rights of content creators.

      Copyright isn't called ownership for a reason.
      --
      "Don't blame me, I voted for Kodos!"
  65. He's in a balloon... by argent · · Score: 4, Insightful

    Jon's position reminds me of an old joke:

    A man is flying in a hot air balloon and realizes he is lost. He reduces height and spots a man down below. He lowers the balloon further and shouts, "Excuse me, can you tell me where I am?"

    The man below says, "Yes, you're in a hot air balloon, hovering 30 feet above this field."

    "You must be an engineer", says the balloonist.

    "I am", replies the man. "How did you know?"

    "Well", says the balloonist, "everything you have told me is technically correct, but it's of no use to anyone."


    Technically, since Apple doesn't do the encryption until after download, it would be trivial to implement.

    The problem isn't implementing it, the problem is that unless the Big Four labels go along with it there's a huge risk and no benefit. One of Apple's "lines in the sand" for the iTunes Music Store right from the start was that all music would be available on the same terms: you can play ALL the songs in the store on 5 computers, you can burn them ALL to disc, they ALL cost the same. Making an exception for a few small labels, or even a lot of them, may violate their existing contract with the big four and would certainly hurt them when they have to renegotiate.

    And there's no need: eMusic.com already fills that market, and it's cheaper than the iTunes store!

    But wait, there's more! Let's complete the joke:

    The man below says, "You must be in management."

    "I am", replies the balloonist, "but how did you know?"

    "Well", says the man, "you don't know where you are, or where you're going, but you expect me to be able to help. You're in the same position you were before we met, but now it's my fault. "


    Nah, Jon, I'm in the same position I was before, and it's not a problem, so it's nobody's fault. See, I'm one of the people who's supposed to be locked in to the iPod.

    I've bought 286 tracks from the iTunes Music Store, plus a dozen TV shows. That's over $300, and I'm not locked in at all. I've played this music on an iPod Shuffle, an HP Pocket PC, and a cheap Magic Star MP3 player. I have done this using nothing but Apple's own software, unmodified, using instructions provided by Apple on their website.

    Yes, technically, I've lost a fraction of the sound quality by remixing their old ad campaign into "mix, burn, rip", but who cares? Buying music where absolute fidelity matters from the iTMS is daft... you've accepted a loss in quality just by buying it in lossy-compressed format to begin with. I buy classical music on CD, and I don't listen to it in a noisy office through tiny earbuds.

    The real lock-in for iPods isn't the music, it's the accessories. Apple's changed the iPod form factor and connectors far less often than their competitors, so there's easily a dozen times as many accessories available for the iPod as for any other MP3 player... probably than all the others put together.

    Right now, I don't have an MP3 player. My daughter's iPod Mini broke, so I gave her my shuffle. I'm looking at new MP3 players now, and right now I'm inclined to get something other than an iPod. The new shuffle looks sweet, but I don't like the click-wheel on the higher end iPods. If I decide to stick with a flash based player I'll probably get an iPod Shuffle, but the Toshiba Gigabeat (the real thing, not Microsoft's rebadged "Zune") looks pretty good.

  66. iTunes DRM is irrelevant by Anonymous Coward · · Score: 0

    iTunes DRM is trivial to circumvent, and I don't understand all these claims about not being able to do as you wish with your music. Buy tracks, burn a regular (non-mp3) CD, and then rip the CD using another application (hey, iTunes sez you need to back up your purchases, and this conveniently does it). Of the 10 albums I've bought from iTunes (unfortunately not available elsehwere cheaper, or I wouldn't have used iTunes--try buying used cds on Amazon marketplace), this is what I did to get them on my Zen. Considering how easy this process is, I don't understand how the Majors have been hoodwinked into thinking iTunes provides any protection.

    If you want to distribute your music DRM-free, don't use iTunes, use soundclick (www.soundclick.com). You can upload the music yourself, choose the price yourself, and I'd bet you get to keep more of the money.

  67. Why this would be in their contract: by StreetStealth · · Score: 1

    It's no different from how Monsanto doesn't want to have hormone-free milk sold next to normal milk: People see there's a distinction and will lean toward either the more natural/less restrictive option.

    --
    Your mind is clear / The things that you fear / Will fade with how much you / Believe what you hear
  68. You've hit the nail on the head by jfengel · · Score: 1

    iTMS is open to indies. CDBaby, for example, puts all of its artists on iTMS.

    The problem with indies is, obviously, that you've never heard of them. They don't end up on the front page because that's incredibly valuable real estate, and only the majors can afford it. (I don't know if they actually pay for it or not, but I suspect they do.)

    They'll show up in the recommendation engine, but the problem with the Long Tail is that there are only a few people rating each indie artist, and many rating the big famous ones.

    The Long Tail theory does not predict that indies will one day take over from the majors. The mass of the curve may shift somewhat to the right, but the hump will always be on the left. Maybe a few hits will break out of the long tail, but the theory is a lot better for customers (who have a chance to find what they want) than for artists (who are still doomed to obscurity in the tail). Just because they can find you doesn't mean that a lot of people will.

  69. Re:iPod Lock-In by EggyToast · · Score: 1

    And his 20 friends who haven't bought anything from iTunes are theoretically free to buy any other player. But, for some reason, they all seem to keep buying iPods... Mr. 29.5k probably owns so much because he's so happy with his iPod and iTunes. If his dies, why would he *want* to switch?

  70. Pretty Clear to Me... by catdevnull · · Score: 2, Interesting

    It's pretty clear to me that Jobs is just practicing the ancient art of Noshitonmi. He's bouncing the blame off of him and saying that the devil made him do it.

    Mafiaa legions already trolling for "examples" already makes them the bad guy. With Europe stacking up on him, Jobs is just assuming the classic Noshitonmi stance to deflect all negative energy towards the Mafiaa.

    Quite brilliant, actually.

    He better start stretching, though. Those new Noshitonmi poses he's going to need for SEC investigations are gonna require special foo.

    --

    I might know what I'm talkin' about, but then again, this is Slashdot...
  71. Re:Law of Averages by Suriyel · · Score: 1

    I wouln't call it lock in when you just have to 1> burn the tracks to cd. 2> import to format of choice, perhaps even a lossless format.

    It's more of a "the door is closed, just turn the handle to get out" than a lock in.

  72. Re:Law of Averages by Thrudheim · · Score: 2, Interesting

    Right, but in this case the "extreme" is bounded by zero on the low end, so the extremes on the upper end push actually the average number of songs *higher* than what is the case for the typical iPod owner. The median number of songs would give a better picture of the typical iPod. In this case, the median number of songs is most certainly less than 22, so Jobs point is even stronger.

    Think of it this way. Bill Gates walks into a stadium full of people who have no money, and each person is very wealthy according to the average level of wealth. The median person, however, has no money. On a less extreme scale, the average number of songs overstates the extent to which a typical person is locked into iTMS music.

  73. His second point is off by shylock0 · · Score: 1

    DVDJ's second point may not hold up. I would be willing to bet that the major labels have mandated that all music be sold with FairPlay, and that Jobs gave them a lock on content. Jobs couldn't destroy their entire business model in one fell swoop; allowing unrestricted competition from the Indies would have gone to far (in the eyes of the labels). But don't worry, I think its coming. Jobs doesn't care about the music business's model; he just wants to sell more iPods.

    --
    Statistically speaking, there's a 99.998% chance that my IQ is higher than yours. Get over it.
  74. Jobs: Answer the Indie question. by guidryp · · Score: 1

    There are independant labels/bands that want their music DRM free on iTunes but they are ignored.

    If jobs really wants to follow words with meaningful action. He needs to create a DRM free zone on iTunes.

    There has been speculation that his Big 4 contract forbids this. If this is the case he needs to come clean on that stipulation.

    The other supporting argument is that it would be too confusing. That doesn't wash IMO. Create a separate section: "iTunes Unlimited" that groups the DRM free tunes together and explains the implications.

    Otherwise, Apple disallowing bands/labels to choose to be DRM free, completely undermines his statement.

    1. Re:Jobs: Answer the Indie question. by burnetd · · Score: 2, Insightful

      There has been speculation that his Big 4 contract forbids this. If this is the case he needs to come clean on that stipulation.

      Assuming that the contract does not have one of those, "You can not reveal the terms of the contract' terms.
      Given the way the RIAA work, do you honestly think it does not have one ?

    2. Re:Jobs: Answer the Indie question. by MoneyT · · Score: 1

      The answer is obvious. The moment jobs waivers from the hardline all music exactly the same is the moment that along with un DRMed indie music, you see single songs for $60 / track, songs that you can't burn, songs that you can't transfer to an iPod, whole albums that are only availible on the third tuesday of the eigth month of the year.

      --
      T Money
      World Domination with a plastic spoon since 1984
    3. Re:Jobs: Answer the Indie question. by SteinzoTheGreat · · Score: 1

      If jobs really wants to follow words with meaningful action. He needs to create a DRM free zone on iTunes. There has been speculation that his Big 4 contract forbids this. If this is the case he needs to come clean on that stipulation.
      It's also likely that Apple's Big 4 contract contains a "non-disclosure clause", prohibiting Mr. Jobs/Apple (or any other parties to the contract) from disclosing to the public any specific terms of the contract.
      --
      How very self-centered some people can be; they think of themselves, instead of me! - L. Baird
    4. Re:Jobs: Answer the Indie question. by guidryp · · Score: 1

      "It's also likely that Apple's Big 4 contract contains a "non-disclosure clause", prohibiting Mr. Jobs/Apple (or any other parties to the contract) from disclosing to the public any specific terms of the contract."

      Well he disclosed that they he had only so many days to plug DRM leaks before they could pull their catalogs. I highly doubt the contract says you can disclose that little tidbit, but not the bit about everyone must use DRM even if not on our label.

  75. not that mysterious by Anonymous Coward · · Score: 0

    This is like Gates and windows: encourage piracy in the early days to promote the growth of a huge market base, and then tighten the screws once established. Eliminating DRM now makes online distribution more attractive and CDs obsolete (except for the minority of consumers concerned with encoding quality). This drives more business towards Jobs. Once firmly established, it makes more sense to introduce something like DRM to recapture the value eroded by piracy.

  76. Re:Law of Averages by Zenaku · · Score: 1

    The average slashdotter is not the average consumer. What you just described is WAY too complicated for say, my sister. If you want to talk about those of us that know what we're doing, why even burn to a CD? Just visit the Hymn project and and download the appropriate tools.

    But for most iPod owners, these things are arcane mysteries.

    --
    If fate makes you a motorcycle, you become a motorcycle.
  77. Re:Law of Averages by Hawthorne01 · · Score: 1

    According to that logic, then, I'm still "locked in" to cassette tapes.

    Or maybe consumers eat the loss and move on to a format they feel is better/cheaper/more convenient.

    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
  78. Its not 3 % by Anonymous Coward · · Score: 0

    Today's most popular iPod holds 1000 songs, and research tells us that the average iPod is nearly full. This means that only 22 out of 1000 songs, or under 3% of the music on the average iPod, is purchased from the iTunes store and protected with a DRM. The remaining 97% of the music is unprotected and playable on any player that can play the open formats. It's hard to believe that just 3% of the music on the average iPod is enough to lock users into buying only iPods in the future.

    Thats considering a ipod model that holds 1000 songs.What about people like me who have 1GB Nano that hold only 240 songs? In that case that 22 songs is 9% of my music is locked.

  79. But where's the lock-in... by itsdapead · · Score: 2, Insightful

    There are... many Indie artists who would love to sell DRM-free music on iTunes, but Apple will not allow them...

    Indies are perfectly free (individually or co-operatively) get a paypal account and a website and sell their own DRM-free music. Maybe there will be fewer sales, but the profit margins should be rather better. I listen to one group that bankrolls the production of each new album by asking fans to pay for it in advance (currently CDs, though - but its prog, so not very download friendly anyway).

    There seems to be a circular argument here that iTMS is the only game in town. The whole point about internet sales is that its easy(er) for little guys to sell to the world. If you want a lock-in then I'm pretty sure that if most indies could only get some fricking airplay then enough people would google for their webshop.

    --
    In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    1. Re:But where's the lock-in... by bogjobber · · Score: 1

      The point is that Jobs is talking out of both sides of his mouth. He says Apple is being pushed by the majors to include DRM. He says that if they had a choice, they would sell music DRM-free. The fact is, however, that even when they are explicitly asked by indie bands/labels to sell music DRM-free they decline the opportunity. Obviously, it would be very easy for them to implement a solution where some music is DRM'ed and other music is not. This means that Steve Jobs is lying. If he really was against DRM, then he would allow DRM-free music to be sold on iTMS.

  80. The first step in eliminating DRM by flinxmeister · · Score: 1

    ...is to make it possible to exist without it. Lots of indie artists and smaller labels would love to sell non-DRM tracks through iTunes. (another issue is bitrate, but that's a seperate issue).

    Then you could label them with some catchy name for non-DRM and/or higher bitrate. The majors would be too scared of to use this, but the smaller players would jump at it. The result would be a way for those smaller players to compete. I can spend a buck and buy an inconvenient, crappy sounding major label song, or I can buy a better sounding indie song that doesn't have all that confusing DRM.

    I bet the majors would follow...but that's the point. Major labels don't innovate, they print money using their artificial monopolies and cartel powers. Major labels follow. If they did innovate, iTunes wouldn't even be around. If Jobs is serious, then he needs to step up to the plate and use his power to back up his words.

    It's great to hear someone as influential as Jobs talking the good talk, I'd like to see him fight the good fight.

    1. Re:The first step in eliminating DRM by argent · · Score: 1

      Then you could label them with some catchy name for non-DRM and/or higher bitrate.

      Like 'podcast' maybe?

  81. Re:Law of Averages by 91degrees · · Score: 1

    The median number of songs would give a better picture of the typical iPod. In this case, the median number of songs is most certainly less than 22, so Jobs point is even stronger.

    well, if there are more than twice as many iPod users as iTunes users (and I think there are), then I'd guess about zero. But I've realised the number of songs per iPod is probably the wrong argument. Nobody is suggesting that iPod in general users are locked into the iPOod, or that they're locked into iTunes. What they are suggesting is that iTunes users are locked to the iPod.

    So, what proportion of iTunes users have an iPod? What is the average number of songs per iTunes user. Should we be counting people who have only a couple of songs as iTunes users? Only a minority of iPod users are affected. Maybe a moinority of iTunes users are also affected. But is it enough to be concerned over?

  82. Re:Law of Averages by mr_matticus · · Score: 1

    Abso-freaking-lutely correct. Hell, I'm still locked in to 45's! And all the turntables under $200 are utter crap, but no one can blame Apple or Microsoft for it, so no one on Slashdot gives a shit.

  83. iTunes != ITMS by smcdow · · Score: 1

    Many iPod owners have never bought anything from the iTunes Store ...

    Exactly. iTunes is pretty good jukebox software, and the seamlessness with which iPods integrates with iTunes is unmatched. Period.

    I've got approx 80 Gb of music that I'm managing with iTunes, but I haven't bought a single track from ITMS. (FWIW, if you can stand the monthly subscription model, emusic.com is a pretty good service -- DRM free MP3s that you download and keep).

    --
    In the course of every project, it will become necessary to shoot the scientists and begin production.
  84. The Economist says nothing of the sort by wealthychef · · Score: 1

    Whether you agree or not with the article, it was not "an editorial in the Economist," it was a letter to the Editor, wasn't it? Not fair to attribute it to the Economist.

    --
    Currently hooked on AMP
  85. Re:Law of Averages by Zenaku · · Score: 4, Interesting

    That's a half-good point, and I'm gonna tip my hat (half way) and give you half of a "touche'" for it.

    But it still isn't quite the same situation. When we used cassette tapes, we could play them in any cassette player we wanted, regardless of who manufactured it. A cassette was a cassette was a cassette. Our tapes became obsolete because technology changed, and offered us benefits that convinced us to switch to something newer -- cds gave us track by track access and an order of magnitude better quality -- and for a time the manufacturers all put out stereos that could play your cassettes or cds.

    In the case of digital audio, the iTunes DRM songs can only be played in the player(s) produced by a single manufacturer, and are incompatible with any other. There is no fundamental difference in technology between a protected iTunes track and a track encoded with mp3, ogg, or whatever. The issue of whose device you can play it on is the only significant difference between a DRMed track and a non-DRMed one).

    In short, your point about cassettes has to do with format lock-in. The issue with Apple's DRM is more about vendor lock in.

    --
    If fate makes you a motorcycle, you become a motorcycle.
  86. Lock-in, let me tell you about lock-in... by drouse · · Score: 1

    If you buy a cellphone and service with a carrier and download ringtones from the carrier's ringtone store (or another store even), or buy whole songs from the carrier can you:

    A) Move those songs and ringtones to a new phone with the same carrier?

    B) Movie those songs and ringtones to a new phone on a different carrier?

    I looked at a bunch of FAQs and the Cingular and Sony music websites and the answer was NO in BOTH cases. To me, the lock in seems much, much worse with cellphones (which are trying to be the new walkman/ipod) and yet everyone wants to jump on Apple. I would think much more of these Euro countries if they had blasted all the gadgets instead of just one popular one.

    --
    -- I browse at +5 with stripped sigs ... Ha! Ha!
    1. Re:Lock-in, let me tell you about lock-in... by Anonymous Coward · · Score: 0

      Cingular don't operate phone service in Europe.

  87. Re:Law of Averages by Thrudheim · · Score: 1

    "So, what proportion of iTunes users have an iPod? What is the average number of songs per iTunes user. Should we be counting people who have only a couple of songs as iTunes users? Only a minority of iPod users are affected. Maybe a moinority of iTunes users are also affected. But is it enough to be concerned over?"

    Good questions. I'd just point out that the higher the *average* number of songs per iTMS customer, the greater the proportion of iPod owners who either do not use iTMS at all or barely use it.

  88. Averages by simpl3x · · Score: 1

    I have 14898 songs a couple of which were downloaded for free from band sites, we'll say three. Zero were purchased from ITMS, due specifically to the DRM, and slightly to the 128 bit rate.

    I have purchased somewhere around 1500 CDs which puts me in the same idiotic league; they now live in iTunes...

    DRM decreases sales, in my biased opinion. And, my statistical average of zero proves it.

    1. Re:Averages by RMSUPERSTAR99 · · Score: 1

      I have about 10000 songs, 10 of which came from ITMS. (.01%) I would buy iTunes if the bit rate was higher, and there was no Digital Restrictions Management. Also, I find something interesting about DRM: It seems to persuade/encourage the use of LimeWire and Kazaa. People want to get away from the DRM, and then are more likely to buy...Not buy, steal for free...from LimeWire. This definitely causes DRM to decrease buisiness (and customers satisfaction, we all know thats Apple's specialty...)

  89. Re:Law of Averages by ronanbear · · Score: 1

    If iPod/iTunes represents 80% of the market then Apple need to look after that 80% of the market at a minimum. The average user isn't important in that sense. Sometimes the extremes can be very influential. For example they may buy more iPods on average and their word-of-mouth role in promoting iPods may be significant. With dealing with DRM trust is extremely important. Your best customers are the most vocal and the most loyal. If you can't hold onto them you'll start losing a lot of customers

    --
    the more they over-think the plumbing the easier it is to stop up the pipe
  90. lose your holier-than-thou tone by circletimessquare · · Score: 2, Insightful

    i would not listen to the music i am listening too if it weren't free

    more exposure = more income... concerts, exposure that translates into ad revenue, etc.

    more exposure is only gotten by embracing free exposure

    in other words, i'm not the enemy, i'm the friend, so STOP LECTURING ME

    free as in "here, this is free" not free as in "this is free but i'm going to cop a holier than thou attitude and badger you until you're guilted into giving something"

    in other words, your attitude is poison to any band you think you feel like needs support

    because free is free. people are motivated by their own conscience

    free is not free as in they are somehow going to be motivated by being badgered by someone who assumes some sort of holy aura of superiority because they give to street musicians. whatever gives you a hard on. don't assume you're better than me, or at least, go ahead and think you'r ebetter than me, but don't think by showing me how you think you are superior to me that you are going to shame me into compliance with your particualr life philosophy. no, all you;re going to do is make me think you're a smug asshole

    frankly, when you give to the bands you like, you should give freely and for the sake of liking their music

    but with your attitude, it almost seems like you give to the bands you like for smug sense of superiority

    in other words, your attitude sucks

    to be perfectly clear to you: i'd prefer a world of asshole companies strong arming me to buy then a bunch of smug self-righteous assholes shitting on me with their holier-than-thou attitudes to give in the name of smug self-righteousness

    whatever cause you believe in, your attitude only hurts it

    that's the truth

    work on your people skills

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:lose your holier-than-thou tone by Anonymous Coward · · Score: 0

      free as in "here, this is free" not free as in "this is free but i'm going to cop a holier than thou attitude and badger you until you're guilted into giving something"

      If the music you are speaking of really is "free" as in the artist has made it free that would be one thing, but if they make it available for a price and have a copyright notice then it is not free as in "here, this is free". If you only listen to "Free Culture" music then I applaud your stance. If not (and seeing as you keep stating that you pirate the music I assume this is the case) then you are sticking two fingers up to the artists by ignoring the contract they have made with the buying public by the use of the copyright system. I submit you are not a friend to the musicians because you do not respect their conditions.

      Far be it from either of us though to claim to represent what the artists deem to be fair. I suggest you write the the artists stating your position, how much of their material you own, how much you have paid towards it and towards shows you have been to of theirs and see if they send you back a cheery letter or a cease-and-desist letter.

      It's not a case of being superior. I work for a record/label distributor so I can get a hell of a lot of legit stuff (instant collections of a band's back catalog in some instances as well as guest lists +1 for gigs) for free, and it was stuff that actually cost money to be manufactured as well as recorded, so it's probably worse :)

      I know (from speaking to bands which go through our studio and label) that they don't mind a bit of piracy, hell, all of them pirate some stuff themselves, it greases the wheels and increases exposure. But at the end of the day if they get no compensation for their art/craft then we are all poorer for it.

      If you believe that what you are doing is the right thing then write to the bands and get their blessing for it. I suspect that you don't really believe it is right though and even if you did that the bands would not welcome your "custom".

      Whatever, say I'm lecturing if you like - I'd just urge you to look inside and see if you really belive what you are doing is right, or that you are just making excuses to salve your conscience.

  91. Re:Law of Averages by TheSkyIsPurple · · Score: 1

    I've seen plenty of support forums describe how to do this. If she gets to the point of wanting to move off, she has a plethora of options available to help her. (hopefully including you telling her how to do it? as opposed to blindly pushing an agenda)

    She's only locked in because she hasn't asked how to do it.
    Just like a large percentage of the population has been locked in to blinking 12:00 on their VCRs for years.

  92. Re:Law of Averages by ClosedSource · · Score: 1

    That's why you can't buy from indie labels at a record store because the Big Four won't allow it. Right?

    Any attempt at trying that by the Big Four would represent an anti-trust violation that would be a slam-dunk to prosecute.

  93. When is the iTMS going to have better selection? by jaypaulw · · Score: 1

    Shouldn't a digital music store have *better* selection than what's available on CD media? (not worse, as it currently is on iTMS) When is stuff that is other wise out-of-print going to be available on iTMS? I'll take DRM in exchange for better selection.

    Until then, it's emusic and amazon (if it isn't available on emusic) for me.

  94. Missing forest for the trees by Thrudheim · · Score: 1

    Quibbling about statistics is missing the significance of the statement from Jobs: Apple is publicly committed to sell DRM-less music if the labels will agree. People can say what they want about Jobs' motives, but at a very fundamental level he is right. The vast majority of music sold is sold without DRM. Making DRM "work" is complicated, and it becomes more complicated the greater the number of players involved. Consumers would all be better off if there were no DRM.

    Many of those carping at Jobs and nitpicking about statistics oppose DRM. So what if we don't have the ideal statistics to measure iTMS lock-in. There will be absolutely no lock-in if music can be sold without DRM. THAT is the point. Why quibble? Just embrace the goal and build pressure on the labels.

  95. DVD Jon is right - Actions not words! by Anonymous Coward · · Score: 0

    If Jobs was serious about offering non-DRM music, he would have iTunes offer unencrypted music for artists that wanted it. Jobs essay was simply more rhetoric from his Reality Distortion Field , which, judging from the comments so far, Apple fanbois have swallowed whole. Apple has become just BS marketing and hype, trying to appear the good guys against the evil Microsoft empire. As someone with intelligence, I don't believe a word of it.

  96. Re:Law of Averages by imdx80 · · Score: 1

    > I wouln't call it lock in when you just have t...
    whats the point then?, its more of an annoyance for the consumer

  97. Here's an idea for the indies by plopez · · Score: 1

    Join forces and form a co-op, or co-ops, to negotiate standard deals with Amazon, Apple or other online music retailers. I would be for electronic publishing of the members music.

    It would simplify things for the indies and the retailers, they could also help do copyright searches to insure no infringements occur.

    Membership dues could be a flat $50-$100/yr and a percentage of sales. After payment of all bills + money set aside for future growth divedends could be returned to memembers.

    All members would have voting rights and also could run for the board of directors.

    I can almost hear the RIAA howling already....

    --
    putting the 'B' in LGBTQ+
  98. iPod, iTMS, and DRM: confusion is beneficial by mveloso · · Score: 3, Insightful

    Everyone in this debate, including the European governments in question, assumes that the reason the iPod was successful was its tie (or, as critics would say, lock-in) to the iTunes Music Store (iTMS) via FairPlay. Open iTMS or Fairplay, and you reduce the iPod's dominance. That's the theory.

    This, however, isn't necessarily the case.

    While the iPod and iTunes Music Store are promoted hand-in-hand, the technical (ie: you and me) know that you don't need to buy music from iTMS. The iPod is a wonderful music player; you can rip and/or load your music onto your pod in lossless or lossy formats, without DRM, if you so desire. The iTMS makes it easier to load music onto your iPod, but the iPod will play a whole bunch of formats, most of which are DRM-free.

    So why the focus on FairPlay and iTMS? Because Steve Jobs is a sneaky guy.

    The conventional wisdom is that the iTMS is a loss leader for iPods; its only reason for existence is to "trap" people into buying and keeping their iPods. It follows that if the people weren't locked into iTMS and Fairplay, they'd be free to buy other players. That's why everyone wants to force Apple to license FairPlay.

    But what if the iTMS sold music in the WMA format? What if Apple licensed FairPlay? What if Apple supported WMA on the iPod? Would that increase the sales of other music players? Would that increase the traffic to alternative music stores?

    When it's spelled out like this, the fallacy, and the answer is obvious: probably not.

    By keeping the focus on DRM, Jobs is keeping the iPod safe. The iPod isn't successful because of its tie to iTMS. It's successful because it's a good product that people want to buy. DRM is a red herring, a bargaining chip that can be pulled or offered when the need arises. By keeping the focus on FairPlay, Apple is making sure that nobody in the business is focusing on what they should be doing, namely, making a device that's better than an iPod. It's unbelievable that after 5 years, there are no players that are qualitatively equal to or better than the iPod. Likewise, in 3 years there are no music stores that are qualitatively as good as or better than iTMS.

    In the end, Apple may make more money from licensing FairPlay than from the iTMS. By being licensing FairPlay and charging a royalty per song and per device sold, Apple could take a piece of every device and song sold for the next decade or more...and they'd effectively be forced to do that by the music industry and the various misguided European governments. And as a bonus, there would be little to no impact on iPod sales. A serious win-win for Apple.

    Look for third-party Fairplay licensees after the upcoming negotiations, and watch Apple get thrown right into the briar patch.

  99. mystery customer by yulek · · Score: 1

    At the 2004 Macworld Expo, Steve revealed that one customer had bought $29,500 worth of music.

    The only thing known about this customer is their email address: qa-018772@apple.com

    --
    in this age of communication i'm just not getting through
  100. Re:Law of Averages by prockcore · · Score: 1

    It would not surprise me in the least to find out that Apple's agreement with at least one of the major labels includes a prohibition on Apple selling any unprotected music.


    It would surprise me. It'd be a serious anti-trust violation. Plus, Yahoo is able to sell unprotected music alongside DRMed music from the big 4 labels.
  101. Re:Law of Averages by MightyYar · · Score: 1
    Me, too - he should not have said:

    It should not take Apple's iTunes team more than 2-3 days to implement a solution for not wrapping content with FairPlay when the content owner does not mandate DRM. He's thinking very narrowly. Of course the geeks at Apple could throw the software together very quickly. But he clearly has little practical business experience. Apple would then have to implement a whole set of procedures to keep track of what music should and shouldn't be copyrighted - no small task! And that's assuming that they are even contractually allowed to do it.

    He's not alone. In particular, Hollywood is notorious for this. I can't believe how much people car about what Angelina Jolie has to say about things. And there's a huge trend towards shows with almost no content EXCEPT celebrities talking about everything, for example "The View". Wow, I mean, who watches this trash?
    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  102. What about Disney, Mr Jobs? by I'm+Don+Giovanni · · Score: 2, Insightful

    If Jobs is sincere regarding a DRM-free world, let him, as the largest Disney shareholder, provide DRM-free Disney content:
    Let all Disney BluRay discs be DRM-free.
    Let all Disney DVDs be unprotected.
    Let all Disney online content be DRM-free.

    He can talk all he wants about DRM-free music, but let's see him make his own company's created content available in DRM-free form. Until then, his words regarding DRM-free music are simply a PR play, nothing more.

    --
    -- "I never gave these stories much credence." - HAL 9000
    1. Re:What about Disney, Mr Jobs? by markbt73 · · Score: 1

      He may very well be advocating this. We can't see inside the boardrooms, so we don't know.

      Corporations are (stupidly) considered people under the law, but that does not mean you can single out one person to represent an entire corporation.

      --
      "Oh boy! Are we going to try something dangerous?"
  103. Re:Law of Averages by fishbowl · · Score: 1

    >Just like a large percentage of the population has been locked in to blinking 12:00 on their VCRs for years.

    VCR's have automatically set their clocks from broadcast signal for longer than they had existed when that joke started.

    --
    -fb Everything not expressly forbidden is now mandatory.
  104. Recent Apple anouncement by kwieland+in+stl · · Score: 1

    Am I the only one wondering what Apple (formally Apple Computers) has up their sleeves? If I remember correctly, the main thing that kept them from being a music label was a contract with Apple (of Beatles fame). Now that the two have made up (see yesterday's /. story), what is to stop Jobs from making good on what he thinks should happen? Typical Steve style, too, with hype before the announcement.

    KAW

  105. Apple is Prevented from Selling Unprotected songs by Prien715 · · Score: 1

    According to Jobs' article, Apple is prevented from selling songs that are not $.99 by the major record companies. If an indy company were to ask him to sell songs for $.49, they'd quit the iTunes store. Selling songs without DRM is similar. While it would provide benefit to the end user, he/she would be confused when the newest punk album from iTunes works on their zune, but Dark Side of the Moon via iTunes doesn't, and the record company would "look bad".

    --
    -- Political fascism requires a Fuhrer.
  106. Re:Law of Averages by MightyYar · · Score: 1

    Fair enough, though we still don't know for sure. DVD Jon still needs to consider other things - it wouldn't just be a technical solution. Apple would need to keep track of what songs do and do not receive protection. Even the simplest implementation of this - doing by label - would require someone to take this on as a job duty. In practice, labels would probably insist that this be done either per-artist or even per-song. That is a very large effort, and a lot of room for error.

    In any event, it is fair to say that Jon should not assume that this is a technical restriction only. There are most likely legal, business (aside from marketing), and liability concerns as well.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  107. Re:Law of Averages by Scrameustache · · Score: 1

    In the case of digital audio, the iTunes DRM songs can only be played in the player(s) produced by a single manufacturer, and are incompatible with any other. That's not true.

    iTunes lets you burn your purchases to a CD in standard CD format, stripping off it's own DRM.
    --

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

  108. Oooh, big words! by MicrosoftRepresentit · · Score: 0

    Anti-trust, eh? Do you actually know what that means? Go and find out, and then explain to me exactly how an anti-trust case is even relevant, let alone have any chance of succesful prosecution.

    1. Re:Oooh, big words! by ClosedSource · · Score: 1

      From the DOJ website on Antitrust law:

      "The law does not condemn all agreements between companies, only those that threaten to raise prices to consumers or to deprive them of new and better products."

    2. Re:Oooh, big words! by Anonymous Coward · · Score: 0

      So how do Apple and the Big Four deprive you of new and better products? Last time I checked they didn't stop you buying your music in the shops, or on the Zune store, or off eMusic, or about 10000 other places.

    3. Re:Oooh, big words! by ClosedSource · · Score: 1

      Of course it's not necessary to prove that they are 100% effective in achieving their goal for them to be found in violation of the law. It doesn't make much sense to argue that "the Big 4 are making Apple do it" and then suggest that there's no intent to deprive people of competing music. If there's no intent to deprive, then there's zero motivation for them to retaliate against Apple for carying indie music without DRM.

      In any case, the idea that the Big 4 would beat on Apple is pure speculation designed to give Apple an excuse. I don't believe it and I'm just explaining why the Big 4 would be foolish to try.

  109. Giant Festering Hole by macs4all · · Score: 1

    Let me begin by saying that I agree wholeheartedly with the Jobster that the entire concept of DRM is ridiculous on its face. However, speaking to the issue of "Why can't some things, like indie music, be NON-DRM at the iTS?", I don't think that Apple feels they can SAFELY do that, for the following reason: Since the FairPlay DRM is actually added NOT at the iTS, but rather by the iTunes APPLICATION itself, it would probably open a gigantic, gaping, festering security hole in the entire scheme to have something as insubstantial as a "DRM flag" transmitted along with the song file during download. That sounds like JUST the thing that a "hacker" could leverage to defeat FairPlay on any subsequent downloaded music, as it downloads.

    1. Re:Giant Festering Hole by prockcore · · Score: 1

      Since the FairPlay DRM is actually added NOT at the iTS, but rather by the iTunes APPLICATION itself


      That is not true at all. Otherwise I could get unprotected files by running TCPFlow when I bought a song. The store adds the DRM.
    2. Re:Giant Festering Hole by Schraegstrichpunkt · · Score: 1

      Otherwise I could get unprotected files by running TCPFlow when I bought a song.

      Not if they sent you the unprotected files over SSL.

  110. mod parent down as FUD, *sigh* by Scrameustache · · Score: 1

    Why would Apple want to lose DRM, even if they could? That would potentially break their iTunes-iPod monopoly (since you could play non-DRM'ed songs on other players besides the iPod). Because the iTunes-iPod monoply is FUD?
    iTunes lets you remove DRM for the files you buy in it's store by burning them to standard CD audio. You can then play that CD in any non-apple CD player, re-rip them to any non-apple format, and upload them to any non-apple MP3 player.
    --

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

  111. argue your way out of this box: by circletimessquare · · Score: 1

    if the music wasn't free, i would never have been exposed to it

    it's a perfect catch-22, it defeats all of your arguments

    remember: i'm talking about world music, not justin timberlake

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:argue your way out of this box: by Anonymous Coward · · Score: 0

      OK, you've lost me, if it was free (and defeats all my arguments) then it's not "piracy" then is it - and as I said in a previous post if it is "Free" (Libre, public domain, whatever) then good on you! If not then it was not Free and my arguments are surely not defeated?

      And I was talking about small labels and small bands, not Justin Timberlake either, so that was rather irrelevant.

      And I liked this:

      but with your attitude, it almost seems like you give to the bands you like for smug sense of superiority

      Yeah, you know that's what I was thinking every time in the last 20 years that I handed over a hard earn tenner for a CD: "THAT will show that circletimessquare dork! Wow, I feel so superior now!". What a bizarre claim.

      No, I do it because I think it is the right thing to do. In the same way that I don't (massive change of magnitude here) rape people, not because not raping them makes me feel superior, but because raping them would be a shitty thing to do.

    2. Re:argue your way out of this box: by soliptic · · Score: 1

      Have you actually read catch-22 ?

      I would have thought for this to be a perfect catch-22, you would have to be magically un-exposed to it as soon as you paid for it.

      There is no catch-22 here. You found something only because you were able to download it free: that's great. Whether or not you THEN decide that because you enjoy it a great deal, it is fair for you to pay for it, or whether you decide you don't actually enjoy it that much, or you'll pay to see them live, or you'll buy their other album, or you'll tell all your friends about it, or for any other reason decide not to pay for what you downloaded, and just carry on listening free... that is a completely separate issue. That's decided purely by your sense of morality, state of your finances, etc. Now it may well be that your personal sense of morality is such that the answer is "no, I won't pay for it", and I won't get into an argument about that (very much a grey area imho), but I certainly don't see that it's inherently bound up with how you discovered it as a perfect catch-22.

  112. Apple is now DRM neutral by SuperKendall · · Score: 1

    It is no longer in Apple's best long term interests to promote DRM. In fact, DRM is likely to bite it to a point that its own platform may well no longer be viable within a few years.

    This would be the case if anyone's DRM but Apple's was in widespread use.

    But this is not the case. The most widely used DRM - for both music and video - is Apple's. And so Apple is really in the drivers seat as far as DRM affecting Apple. DRM has become irrelevant to Apple's long term success, and that will continue to be true as long as DRM is a lever working for them AND they support that DRM on Windows (in theory they could stop supporting Windows but that would also ease thier grip over DRM by letting other systems have the chance to flourish).

    You mention you think Apple's hold on this area will end. But what makes you think that? The iPhone is about to come out, presuambly followed by other models later. There have been MP3 playing phones around for some time, but that has not stopped Apple from selling a lot of iPods and songs online. What is different other than Apple entering the phone market to ensure they remain the player of choice even for phone-only users?

    As for Vista, the DRM is nice (for Microsoft) but irrelevant since the Apple DRM also works on that platform. Vista has no hold to try and have users switch to Microsoft's DRM, that leverage will all come from devices and Microsoft has nothing serious there, not even with the Zune.

    So Apple would like DRM to end (to eliminate complexity) but they really don't need to care so much when, or even if, it happens.

    I personally think the end of DRM is inevitable because studios will not be able to tolerate Apple's lock on online sales forever, to the point where even sellign DRM free music starts to look better to them.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Apple is now DRM neutral by squiggleslash · · Score: 1

      This would be the case if anyone's DRM but Apple's was in widespread use.

      But this is not the case.

      This would be relevent if we were talking about the situation right now, rather than the near future. However, we're not. What we're talking about here are the consequences of mobile phones developing further functionality, coupled with the further integration of DRM into Vista. The former is happening now. The latter is going to become an issue as 90% of computers become bundled with the Vista operating system.

      Seriously, wake up. Your entire comment looks like a knee-jerk defense of Apple's future. Cellphones have obliterated the PDA market, they're already making in-roads on the digital camera front, and they're going to do the same for MP3 players. Steve Jobs "gets it". Not only does he know its going to happen, but he's getting Apple to ride that wave. And regardless of whether you agree with me, and agree with him, this is Apple's stance, so it's relevent to why Jobs wrote what he did. Back in July of last year, it even became their official position. To quote Peter Oppenheimer:

      "As regards cell phones, we don't think that the phones that are available today make the best music players. We think the iPod is. But over time, that is likely to change. And we're not sitting around doing nothing."

      So two things are going to happen: the most widespread DRM in the world will be Microsoft's, with users of other platforms (such as Macintosh) frozen out of an increasingly large amount of content; and Apple's lack of hardware marketshare will mean iTS will be all but irrelevent.

      That's what's going to happen. That's what Steve Jobs is trying to deal with.

      --
      You are not alone. This is not normal. None of this is normal.
  113. Re:Law of Averages by Lars+T. · · Score: 1

    The average slashdotter is not the average consumer. What you just described is WAY too complicated for say, my sister. So is any music player but an iPod. Now there is the real lock in.
    --

    Lars T.

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

  114. Jobs is a sneaky scumbag. by Anonymous Coward · · Score: 0

    1. he knows studios won't go no-DRM
    2. so he says only way is no-DRM or Fairplay DRM monopoly
    3. Fairplay DRM monopoly remains, he washes his hands
    4. profit
    5. dumbass Maczealots cheer their "hero"

  115. Re:Here Here! Cheers DVD Jon by RalphBNumbers · · Score: 1

    Yeah, as much as /.ers and geeks in general like DVD Jon, he really isn't all that relevant in this case. The Norwegian Consumer Council's Senior Advisor's reply to Jobs' open letter, is far more important.

    Basically, some bluster about exactly which part of the lock-in they're complaining about and what seems like an intentional misinterpretation of Jobs' letter as a sign of acceding to their demands aside, it says:
    1) They're not interested in going after the big 4 record companies, since they don't sell directly to consumers; and thus any contractual obligations to the big 4 that prevent Apple from giving the Norwegian Consumer Council what they want are solely Apple's problem.
    2) They know other companies are doing the exact same thing as Apple with regards to DRM, but 'everybody's doing it' is no excuse, and they're only going after Apple.

    Honestly, to me, this is smelling more and more like the big 4 are using the Norwegians as a proxy to try to legally neuter Apple, so that they can retain sole control of the world's DRMed music for themselves.

    It seems fairly obvious at this point that Apple will have to withdraw from Norway come October, and I for one will be interested to see what the Norwegians do then. If they go after Microsoft on the same grounds, trying to force them to license Zune's DRM to all comers, and license Plays4Sure for use with OSes other than Windows, then they'll be somewhat redeemed in my eyes. If they do nothing, or keep going after only Apple despite their withdrawal, then we'll all know in whose pocket the Norwegian Consumer Council resides.

    --
    "The worst tyrannies were the ones where a governance required its own logic on every embedded node." - Vernor Vinge
  116. Re:Law of Averages by Lars+T. · · Score: 1

    That's a half-good point, and I'm gonna tip my hat (half way) and give you half of a "touche'" for it.

    But it still isn't quite the same situation. When we used cassette tapes, we could play them in any cassette player we wanted, regardless of who manufactured it. A cassette was a cassette was a cassette. . Unless your tape was Type II, III or IV and the player was fixed to play Type I. Or if the heads were misaligned. Or if you used a different noise reduction ...
    --

    Lars T.

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

  117. Re:Law of Averages by grimJester · · Score: 1

    The whole point of lock-in is that you're happy with buying it but will regret it later, because of things you didn't foresee.

  118. Re:Law of Averages by Lars+T. · · Score: 1

    Which average do you want? mean mode or median?

    The 22 per ipod is the mean - often the most useful and the one that is frequently implies with the more ambiguous word "average" however in this case its the most useless.

    The mode usually requires wider boundries than single elements to be useful (eg 0, 1-5, 6-10, etc) but I would tend to say that the mode or perhaps the median would be the more useful average when tailoring a service to your main user base.

    Despite these figures not being announced you can bet that apple have them and almost certainly use them internally - they probably just dont sound as good to the average non mathematical person Oooh, I'm willing to bet the mode is 0 (unless you use something like 1-1000 songs as the second category). And the median is probably going to be lower than 22 too.
    --

    Lars T.

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

  119. Am I right? The guy who spent $29,500... by M0b1u5 · · Score: 1

    Am I right? The guy who spent $29,500 is now actually bankrupt, and he has split with his wife as a direct result of the downloading. Is that the story? Something like it.

    So, it's probably not the best example to use, Steve. :P

    --
    How many escape pods are there? "NONE,SIR!" You counted them? "TWICE, SIR!"
  120. Re:Law of Averages by je+ne+sais+quoi · · Score: 1

    they [Apple] have done everything in their power to tie iTunes and the iPod closely together
    The problem I have with that statement is that I own an iPod and and I never use iTunes with it. I still run HFSplus on it with the original firmware/software, etc., I just use gtkpod and mp3gain. So while you might say they have done everything in their power to tie the two together, from my experience is that no, they haven't done that because I have very little trouble running my ipod with iTunes. My biggest difficulty wan't anything that Apple did, it was editing the linux kernel to remove that business about "You're using a journaled filesystem so I'm going to mount it read-only" thing.
    --
    Gentlemen! You can't fight in here, this is the war room!
  121. Re:Law of Averages by je+ne+sais+quoi · · Score: 1

    Oops, I meant very little trouble running my ipod without iTunes. Sorry... hit submit without proof-reading fully.

    --
    Gentlemen! You can't fight in here, this is the war room!
  122. Idiots by burndive · · Score: 1

    And who does this?

    Isn't is much cheaper to just put an MP3 on your phone and assign it as your ringtone. Heck, you could even buy it on iTMS, do the whole burn & rip thing, and stick it on your phone and it would still be worth the trouble for the money you save, plus the audio quality you get from a phone is typically crap, so it doesn't matter that you're re-encoding a compressed track.

    I think the reason that we all care about iTMS and not ringtones is that consumers are accepting iTMS as a viable replacement for the coasters. No one was ever fooled into thinking they were adding a track to their permanent music collection at a reasonable price by downloading it onto their phone. They were simply paying for the convenience. It's just an impulse buy: an easy way for a fool and her money to be parted.

    --
    ...because "hacker" sounds way sexier than "code drone."
  123. Smokin' crack by mypalmike · · Score: 1

    There are... many Indie artists who would love to sell DRM-free music on iTunes, but Apple will not allow them... It should not take Apple's iTunes team more than 2-3 days to implement a solution for not wrapping content with FairPlay when the content owner does not mandate DRM.

    OK, 2-3 days to get DRM-free content on iTunes. What about...

    - Set up servers for artists to place their music.
    - Implement a way for musicians to register as iTunes artists.
    - How do you authenticate that an artist is who s/he says? Outsource the listening of each artist upload to hip kids in Bangalore?
    - Implement way for musicians to upload and organize their music (cover art, etc.)
    - Work out copyright issues. When dealing with labels, this is fairly straightforward. When dealing with beatles-cover-band@gmail.com, not so much.
    - How to allocate fees. Allow the artist to set individual prices, or do they get $0.04 per download? Maybe $0.06?
    - How to distribute money to artists. Paypal? Create iMoney? Print checks monthly? What about artists who make $0.15 in a month and cost more to support than they bring in?
    - Get the right people on board at Apple to approve all this. (Of course, this has to happen first...)

    --
    There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
  124. DVD Jon would love this by Macka · · Score: 2, Informative

    Apple probably instead refuses to invest the programming hours to come up with a solution that flags whether encryption is required or not,
    It's a given that encryption happens on the client side (using the users iTunes user account keys) so any optional do/don't DRM flag would have to be embedded in the file and transmitted (unencrypted) from Apple to your PC/Mac. DVD Jon would live this!

    Just how long do you think it would take him (or someone just like him) to sniff out the flag and insert a filter to turn it off for all downloads by default. Answer: not long at all.

    I'm sure that DVD Jon knows this fully well, so his "encouragement" to Apple is completely self serving. It has to be all or nothing, or hackers like DJ will rip the floor out from underneath them.

  125. RIAA Response by dlim · · Score: 1

    For those interested:

    http://hosted.ap.org/dynamic/stories/A/APPLE_COPYR IGHTED_MUSIC?SITE=WIRE&SECTION=HOME&TEMPLATE=DEFAU LT

    Frankly, I'm a little suspicious of the motives of the governments that are requiring Apple open its DRM to other stores and players. There are real examples of standardized copy protection (CSS, Blu-Ray / HD-DVD protection), and so far they haven't been too effective. It's clear from the article that the labels want some type of restrictions on their music. But if they want something that works, why would they ask that all their vendors can use the same technology? This hasn't worked in the past.

    While the governments may be acting in the consumers' interest, the consumers haven't really been complaining that much. They want their iPods regardless of DRM / non-DRM. They'll buy their music from the iTMS because they can easily get it on their iPod. Even if their DRM is opened, Apple doesn't have to allow other vendors to sell music through iTunes. They have the brand name and a simple solution that people already use.

    FairPlay does create vendor lock. The vendor lock, however, is between the record labels and Apple. The labels need access to the iPod to sell their digital music. They refuse to remove the DRM, thus they must play ball with Apple. This includes selling songs for no more than $.99, something they clearly want changed.

    Didn't France start this whole debate? One of the big 4, Universal is owned in part by Vivendi. If they have influence on the French government that is anything close to what large corporations have on the government in the US, I'd suggest the government is probably acting in their interest more than that of consumers. With open DRM, corporations like Vivendi will have more options for who can sell their music. Other stores will be able to sell DRM'd music that will play on the iPod. And the labels will have more bargaining power when it comes to setting the price of their music. They've got to offset that 23.3 loss somehow, right?

  126. Damn Statistics by burndive · · Score: 1

    I would be interested in knowing the average number of iTMS tracks owned^H^H^H^H^H lisenced by those with over a certain threshold, say, ten tracks, or perhaps an album's worth.

    We all know Apple has this information, and I'm betting it's high. Probably over 50. There are a few different classes of iPod owners, and Jobs is intentionally lumping them all together in order to manipulate their meaining:

    1) Those with zero: customers who like the iPod and iTunes, but do not want to be locked-in with DRM.

    2) Those with very few: about an album's worth that they downloaded in order to try out the iTMS, but still wary of the lock-in.

    3) Casual iTMS music buyers who own a few albums, plus some misc. tracks: they probably average around 50 tracks (a number that I just made up, but it seems reasonable).

    4) iTMS feinds: they drank the Kool-Aid; they have an extensive collection of music bought from the iTMS store. The cost of a new iPod is less than the cost of re-purchasing all of their DRM'd tracks.

    What I'm truly interested in is the individual statistical profiles of each of these classes of iTMS customers, as well as their prevalence. This is no doubt a closely guarded trade secret, but it's one for a very good reason: it tells Apple just how locked-in their customer base really is.

    --
    ...because "hacker" sounds way sexier than "code drone."
    1. Re:Damn Statistics by die444die · · Score: 1

      Most of those customers with zero iTMS tracks care less about DRM and more about not paying for music. I've had at least 10 people approach me over the last year and ask me where they can download music. If I tell them they can use the iTMS and it's only 99c a track, they roll their eyes and tell me they are looking for somewhere to download free music. Not one has said they don't want to use iTMS because of DRM restrictions.

      --
      die444die
  127. Re:Law of Averages by Anonymous Coward · · Score: 0

    According to that logic, then, I'm still "locked in" to cassette tapes. And the reason you were locked into cassettes is that technology to rapidly transfer music between media was not available. The reason you're locked into iTunes is because RIAA, jobs et al have fashioned a fairly poor DRM system to keep you locked in. They have taken away a freedom from their customers to protect the veil of legitimacy the copyright system still has, unlike cassette manufacturers who could not have given their customers that freedom. That's the reason I will continue to steal music until decent downloads are DRM-free.

    It's not a moral stance - or anything to do with "free as in speech" - it's just the easiest way to get music, and if you look at the costs and benefits, even as a well paid professional person you're still paying less than you would for iTunes, even the cheapo Canadian store. If they legitimised allofmp3.com and doubled the prices I'd go legal, but they aren't going to do that.
  128. DRM is a joke by djfake · · Score: 1

    Just buy a CD, copy it and give the CD-R away. 100% Digital, 100% perfect,

    --
    www.itjerk.com
  129. Re:Law of Averages by burndive · · Score: 1

    The Big Four don't have to keep the indie labels out of the record store: the economics of deploying their CDs to such a large number of shelves prohibits the indie labels from doing so.

    No such economic barrier exists online. It's called The Long Tail. Google it.

    --
    ...because "hacker" sounds way sexier than "code drone."
  130. mod parent up by circletimessquare · · Score: 1

    good point

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  131. Poison pill? by lsm2006 · · Score: 1

    Isn't it likely that Apple's contracts with the major labels specifically prohibits iTunes to offer DRM-free music from other parties?

  132. the Right Thing To Do (tm) by circletimessquare · · Score: 1

    is to live like mother teresa

    not many of us do

    we all Do Good (tm) at a rate we can, the best way we can, in the way we think we should

    so for someone else to come over to me and claim they are doing good more than i am, simply reveals to me that your are motives aren't so pure after all

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  133. Re:Law of Averages by Hawthorne01 · · Score: 1

    "And the reason you were locked into cassettes is that technology to rapidly transfer music between media was not available."

    ???

    What would you call dual cassette decks, "mix tapes", even recording my albums to play into the car? The cassette was *all* about shifting my music around various mediums and between users.

    Now, that being said, I'd love it if DRM went away tomorrow. The reason it's there is to impose artificial limits on the perceived value of music. The cost/benefit of most CD's WAY out of whack: 9/10's of my music I've listened to a max of 3 three times or so. $.99 for a lossless, DRM-free track via iTunes or whatever that's tagged with a unique watermarked ID that allows the copyright holders to chase down the people who break the law but doesn't affect people like me who respect copyright is where things need to be, IMO.

    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
  134. Re:Law of Averages by uradu · · Score: 1

    Well, congratulations! Alas, your ability to use the iPod sans iTunes is less a testament to Apple's magnanimity than to the resourcefulness of the people that made it possible. That software didn't write itself, and Apple didn't go out of their way to make it easy for these apps to be written. Not exactly hard, either, but the debate is about just how open Apple is, and I have to conclude that "not very."

  135. Re:Law of Averages by Hawthorne01 · · Score: 1

    "When we used cassette tapes, we could play them in any cassette player we wanted, regardless of who manufactured it."

    In theory, yes. But if some handed me anything other than a Maxell II-S 90, I'd look at them like they just landed on the planet from Mars. :-)

    And speak to me not of the "quality" of cassettes the labels used.

    Now, with iTunes, you're locked in only with regards to portable players. You want to take your tunes to the car? Burn a CD. Want to make a mix CD? No prob. Want to strip the DRM? Burn, rip.

    I'd prefer no DRM, but I know the labels wouldn't. And Apple has to serve two masters here: The major labels, and the consumer. So far, as evidenced by their popularity, they've done a decent job of compromise between those two opposing forces. This statement by Jobs, though, along with the hardball he played re: pricing is an indication of which side of the argument he'd rather be on.

    DRM is a broken system: Jobs knows that more than all of us. And his entire second career at Apple has been about fixing the things that he considers broken, be it music (iPod), software (OS X), presentations (Keynote) or phones (iPhone). Hopefully, he can break DRM in order to fix buying music online as well.

    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
  136. Re:Law of Averages by bcrowell · · Score: 1

    On everage, every human has one testicle and one breast.
    I do have one testicle and one breast, you insensitive clod!

  137. Re:Law of Averages by drifterusa · · Score: 1

    You severely misunderstand the concept of "lock-in." It's not that there are no costs to switching, it's that the costs are *prohibitive.* Granted, what's prohibitive for one person may not be for another, but I think we can all agree that anyone who can afford an iPod would not find $22 (the average cost of iTunes music on an iPod) prohibitive.

  138. Re:Law of Averages by TheSkyIsPurple · · Score: 1

    >VCR's have automatically set their clocks from broadcast signal for longer than they had existed when that joke started.

    Funny. I have a cheapie that I bought only a few months back, and while it does have that option, I couldn't get it to work. (different tech, but those self setting atomic clocks don't work in my house either)

    Fortunately, I know how to set time on my various clocks.

  139. Re:Here Here! Cheers DVD Jon by nordicfrost · · Score: 1

    I applaud Jon for his words. TheRegister.com also ran a story about the Norwegian official complaining RE: Steve Job's "passing the buck" style attitude. It can be found here. You do know that DVD-Jon has a money incentive in Apple keeping the DRM, right? Don't take my word for it, read about it here Jon also flames Steve Jobs for losing his way, quoting Jobs: If you legally acquire music, you need to have the right to manage it on all other devices that you own..

    Now, here's the kicker: As Johansen sees it, Jobs didn't follow through on this promise, so it's up to him to fix the system... Johansen has written [two] programs...: one that would let other companies sell copy-protected songs that play on the iPod, and another that would let other devices play iTunes songs."

    Aha. If Steve makes good on his proise, and now he has a whole deal more power to actually do it, Jon's compay is fucked. Worthless.

    Of course he's going to complain. Jeez.
  140. Re:Law of Averages by Divebus · · Score: 1

    When we used cassette tapes, we could play them in any cassette player we wanted, regardless of who manufactured it.

    That's correct on the surface but lets extend that logic into what we're faced with today. The universe of recorded music during the cassette days include Compact-Cassettes (with various incompatible noise reduction), vinyl records (in 12" and 7" flavors), 8-track tapes, 4-track open reel tapes (in several speeds) and PlayTapes. Buy music in one format and it won't play in the other.

    You were definitely "locked in" to a format but nobody griped to manufacturers or the government about the inability to stick a 45 RPM record into an 8-track slot. If you wanted a different format, your best hope was to copy one format to another and endure the losses - or buy a new copy. Same deal today. All of these arguments are reminiscent of the cassette fans yelling "8-tracks suck" and visa-versa.

    These former choices are very analogous to what we have today except the consumer doesn't understand that these seemingly identical MP3 players are wildly different. The various formats (then and now) aren't about ease of use, sound quality or flexibility. They're all about collecting royalties through sales. The features of the format are designed to sell, the marketing hype is designed to glorify the features and the music is the hook.

    That said, I agree that vendor lock-in is a very dangerous thing and format lock-in should be a thing of the past completely. However, follow the above logic of collecting royalties and that's exactly what's going on. It ain't about the music but that's what's being marketed. I believe that Apple should license FairPlay to two more manufacturers (Sony and Samsung?) and Apple will do just fine in the market place.

    --

    Most of the stuff on /. won't survive first contact with facts.
  141. Re:Law of Averages by LKM · · Score: 1

    How can they "have set their clocks for longer than they had existed"? How did they set their clocks before existing? It's not true for all VCRs, anyway. Mine doesn't do it (although he doesn't flash 12:00, but shows --:--). My older VCR did do it, but most of the people I know don't have VCRs that do it, and don't care about it, either.

  142. Re:Law of Averages by LKM · · Score: 1

    As for DRM, I'm glad that corporations, er, the leaders of corporations are starting to smarten up a smidge. DRM is nothing but a huge gaping waste of effort. It costs the customers money, and takes away their rights to fair use.

    ...so obviously it's not a waste of effort from the POV of the labels.

  143. Re:Law of Averages by American+Infidel · · Score: 1

    In the case of digital audio, the iTunes DRM songs can only be played in the player(s) produced by a single manufacturer, and are incompatible with any other.

    Wrong! Or, at best, right in the narrowest pedantic sense, but utterly misleading as a practical matter. Do you really not know that you can burn your iTunes DRM songs onto ordinary non-DRM redbook audio CDs using only documented iTunes commands? Look, I hate vendor lock-in as much as anybody, but this is a combination lock with the combination written on it.

  144. Re:Law of Averages by Anonymous Coward · · Score: 0

    OS X "fixed" software? Oh, Hawthorne01, thy name be fanboy.

  145. Re:Law of Averages by evilgiu · · Score: 1

    Well... that's supposing where you live in has such a broadcast signal...

    --
    It's not easy being green.
  146. Hardware companies FTW by snowwrestler · · Score: 1

    Hardware companies sell products that are limited and cannot be easily duplicated by their customers. Their business model is safe until someone invents a cheap replicator.

    Content companies sell products that can effortlessly copied and distributed by their customers, and the customers now want and expect to do it. Their business model is not safe, no matter how much legislation and enforcement they try to buy.

    Over time the hardware companies are simply going to have more resources to wage this battle, because their customers are on their side, not opposed to them. Look to history--those seeking to limit popular new technologies always lose. Fighting it is like trying to eliminate speeding once and for all.

    --
    Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
  147. Theer are many players better than the iPod. by argent · · Score: 1

    In fact, the iPod is, objectively, not all that good. The vaunted click-wheel is like Apple's other user-interface gimmick, the one-button mouse. It's cute, slick, got a good cover story, people identify with the "independant" nature of it, but it causes all kinds of problems: you can't use it without knowing what "state" the iPod is, it's sensitive to the slightest touch so you have to have a mechanism to "lock" the user interface, and it's not at all intuitive. The one thing it's arguably best at... scrolling super-fast through a long playlist... is not a common operation and not generally the best way to select a song out of a long list in the first place.

    I gave my iPod Mini to my daughter, and got an iPod Shuffle instead. The d-pad interface on the shuffle lets me do everything I need to do quickly... quickly... and it's stiff enough that I can shove the shuffle in my pocket without having my volume or track change every time I shift my weight. My previous MP3 player, a flash based on similar to the shuffle, wasn't as good... but it was still better than the iPod Mini in everyday use.

  148. Not further though by SuperKendall · · Score: 1

    This would be relevent if we were talking about the situation right now, rather than the near future. However, we're not. What we're talking about here are the consequences of mobile phones developing further functionality, coupled with the further integration of DRM into Vista. The former is happening now. The latter is going to become an issue as 90% of computers become bundled with the Vista operating system.

    And that might be relevant if many smart phones had not been able to play music for some time now. Or if Apple's DRM did not work as well on Vista as Vista's own. Apple's DRM is always a superset of other DRM's, one reason it is popular as Mac use grows.

    Seriously, wake up. Your entire comment looks like a knee-jerk defense of Apple's future. Cellphones have obliterated the PDA market, they're already making in-roads on the digital camera front, and they're going to do the same for MP3 players. Steve Jobs "gets it". Not only does he know its going to happen, but he's getting Apple to ride that wave. And regardless of whether you agree with me, and agree with him, this is Apple's stance, so it's relevent to why Jobs wrote what he did. Back in July of last year, it even became their official position. To quote Peter Oppenheimer:

    And your comment looks like a "the sky is falling! The sky is falling" panic attack with no basis or precedent. Windows has had DRM, Vista just continues to refine that like everything else in the OS. In fact in terms of music, Vista has absolutley nothing new whatsoever in regards to DRM! It changes the picture not at all.

    Smartphones and other phones have been playing MP3's, and just like other, even better, dedicated MP3 players they have done nothing to stem the flow of iPods. How does that situation change at all except in Apple's favor with Apple introducing an iPhone that is also an iPod? It means phone companies have SIX MONTHS to deliver something tremendously better in terms of playing MP3's before the die-hard MP3 player market starts migrating up to a variety of models of iPhones from then forward.

    Apple has shown a clear path to those who might be drawn to phones as primary MP3 players, even if someone could deliver one that didn't rather suck for everything, much less playing music.

    So two things are going to happen: the most widespread DRM in the world will be Microsoft's, with users of other platforms (such as Macintosh) frozen out of an increasingly large amount of content; and Apple's lack of hardware marketshare will mean iTS will be all but irrelevent.

    That's what's going to happen. That's what Steve Jobs is trying to deal with.


    That's what would have happend, if Apple had not built a phone. But they are not idiots, that path is as obvious to them as everyone else, and they are in fact building phones (starting with the iPhone but there will be other models as well, at least according to Cingular...).

    Again, if anything looked to move in and take over Apple's spot in the way of phones, smart or not, then I would totally agree there was cause to worry. But nothing on the market now, nothing even that looks to be coming out in a year, looks to be anywhere near something of the level of quality to pull people away from current iPods much less the iPhone.

    I mean, give us an example of a phone you see coming that is one of these potential iPod killers.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  149. You're complaining because Apple's NOT a monopoly? by argent · · Score: 1

    There has been speculation that his Big 4 contract forbids this. If this is the case he needs to come clean on that stipulation.

    Correction, "there has been speculation that even if his big Four contract doesn't prohibit this, it would weaken his bargaining position with them".

    Otherwise, Apple disallowing bands/labels to choose to be DRM free, completely undermines his statement.

    Apple isn't doing any such thing. I just bought a dozen DRM-free tracks this morning, from eMusic. What, that's not on the iTunes store, you say? That's not Apple, you say? What, you're complaining because Apple's not a monopoly?

  150. Not entirely by cappadocius · · Score: 1
    I've got it. The biggest problem is DRM is illegal to hack. Get rid of those laws globally. Problem solved.

    Problem solved in a limited sense, perhaps, for you. But as the article points out, the problem isn't solved for Apple. If the majority of the music publishers continue to demand DRM and continue to insist on their music being sold on terms that are not less attractive than those by which Apple sells indie music, then Apple continues to have to maintain that DRM against hackers. Even if the recording industry decides to tollerate DRM removal, most consumers will still not bother, and thus the music will have less value to them. That means fewer sales for Apple, and consequently probably means that consumers won't see any additional price break any time soon.

    --

    omnia tua castra sunt nobis

  151. Re:Ludicrous statement. by guidryp · · Score: 1

    "Apple isn't doing any such thing. I just bought a dozen DRM-free tracks this morning, from eMusic. What, that's not on the iTunes store, you say? That's not Apple, you say? What, you're complaining because Apple's not a monopoly?"

    That is ludicrous. How does other people selling DRM free tunes let Apple off the hook for saying one thing and doing the opposite.

    Jobs says: DRM is pointless. We want DRM free music, we are ready to embrace it whole heartedly.
    Label says: We would like to sell our music on iTunes without DRM.
    Apple response: Your music will only be sold with DRM on iTunes.

    That behavior is not consistent with the stated position. To most, myself included, this is saying one thing and doing the exact opposite. Without at least an explanation it completely undermines the open letter.

    If this a "it must be all or none" type thing when we know it will never be all, then it is complete bullshit maneuvering and Jobs is looking like a political word mincing weasel here.

  152. Point, counterpoint. :) by argent · · Score: 1

    "Eliminating online DRM appears to us to be an overly risky move that eliminates the potential for a future digital-only distribution model free of piracy," Deutsche Bank analyst Doug Mitchelson wrote in a research note.


    A distribution model free from piracy? NEVER HAPPEN. Listen to the man, he's been telling you all along:

    "We said [to the record companies]: None of this technology that you're talking about's gonna work. We have Ph.D.'s here, that know the stuff cold, and we don't believe it's possible to protect digital content." (Steve Jobs: The Rolling Stone Interview, December 03, 2003)
  153. IT IS the world's leading business newspaper!!! by hguorbray · · Score: 1

    If you have ever taken the several HOURS it takes to read through a single, thin edition of the Economist (as opposed to the 45 minutes or so it takes to wade through the shallow waters of Newspeak(sic) or Time) you might realize that the Economist has some of the most even handed commentary and analysis of almost any news magazine out there.

    The fact that they even look at other countries economic situations -even when they don't directly involve US or UK interests, or aren't the hotspot du jour separates them from the US rags whose focus is typically US isolationist.

    I've been an avid reader for years (the captions alone are worth the subscription price) despite my left wing, liberal, libertarian background.

    Unlike most business periodicals, which seem wholly reactionary, they seem to get the big picture about technology and world poitics and economy -and it is certainly not the IMF/WTO/Cato line despite what you seem to think.

    Read about their takes on executive compensation and globalization and try to tell us that they are shills for capitalism.

    -I'm just sayin'

  154. Disagreement doesn't imply deception. by argent · · Score: 2, Interesting

    How does other people selling DRM free tunes let Apple off the hook for saying one thing and doing the opposite.

    It doesn't, and I didn't claim it did. The first part of my message addressed that point. I didnt go into more detail because I really think I've already posted more than enough on that topic. The second part (the one you're quoting here) is a response to the claim that Apple is preventing artists and labels from releasing DRM-free music: they could only do that if they were a monopoly.

    But since you insist on belaboring the first point, let's go back and address it again, in more detail:

    Apple isn't under any obligation to provide every service that you want through the iTunes store.

    If they don't provide a service, then there are several possible reasons for it.

    With Apple, one of the common reasons for a restriction in one of their products is aesthetic or philosophical: a restriction that's there because it establishes Apple's "brand" or promotes their "style". Removing the user-interface to the customization hooks that that products like Kaleidoscope (in classic Mac OS) and Shapeshifter (in OS X) take advantage of is an example of this kind of restriction. Making the Mac desktop immediately recognisable through the "Aqua" theme and its successors is part of their product branding for Mac OS X.

    The other reason is cost. They don't offer some feature of capability because they have decided it would cost more to provide it than it's worth. It seems likely that a generic OS X for arbitrary Intel platforms is one of those things.

    It can be difficult in some cases to decide which of these is the real reason, and if you were to argue that Jobs occasionally tells whoppers about which of these two reasons Apple did or failed to do something, I could only agree. For example, Apple has said that they have esthetic objections to a generic OS X. They have said it would weaken the Apple brand. Butthey have also said they would never release a headless low-end Mac ("No ugly monitors on nice Macs", I beleieve, were Jobs' words), and of course their back-and-forth on Intel has always bemused me - I still have my copy of Rhapsody DR1 for generic Intel boxes :).

    In this case - so far as I know - Jobs is not saying anything about this particular point so I'm free to speculate without fear of the Reality Distortion Field taking over my brain.

    So...

    The people making the argument that Steve Jobs is being hypocritical seem to be assuming that the lack of DRM-free music hosted on the iTunes Music Store is a philosophical restriction. that it reflects some kind of preference for DRM. Now... it's possible that this is the case.

    It just doesn't seem likely to me. Steve Jobs has made the same point about DRM in the past, most notably in the 2003 Rolling Stone interview, so this is not a new "tactical" change of heart in response to the events in Europe... his position on DRM is the same now as it was when the iTMS was launched.

    So that brings up the question of what the cost to creating a "DRM-free" zone in the iTMS would be.

    Apple's business model for the iTunes store is for all music to be sold under identical conditions. Apple has repeatedly said that offering different licenses for different labels or for different classes of music is not on the table, at least in the major markets. So while they don't have an "iTMS Lite" for DRM-free music, they don't have an "iTMS Premium" for the labels to corral their 'hot' content into either.

    Now, you may disagree with the importance of this "line in the sand", but the fact that you disagree with their priorities doesn't change the fact that this is one of their priorities. I disagree with a lot of Apple's policies, myself, so I'm not going to try and convince you that this priority is important. For the purposes of this argument, whether you or I agree with it is irrelevant.

    The point is that it, by itself, is more than enough explanation for why Apple doesn't set aside a corral within the iTMS proper for non-DRMed content. It may not be, in your opinion, a good reason, but just because you disagree with someone that doesn't imply that you or they are lying. It just means that you disagree.

    1. Re:Disagreement doesn't imply deception. by guidryp · · Score: 1

      This just seems like long winded rationalization of possible motives for the hypocrisy. Even if I accept everything you rationalize, then the statement is still nothing more than meaningless hot air aimed at deflecting the problems with interoperability in the EU. Meaningless finger pointing.

      Yeah Steve would embrace DRM freedom in a DRM free world, yippee. Since he unwilling to take even one step toward that world, who cares?

  155. Jobs is a marketing gimic by lpq · · Score: 1

    "Steve Jobs" is an Apple marketing "gimmick". He's just out their to make Apple look "good" and "friendly", while their legal team tightens their DRM and sues the pants of anyone remotely "infringing" on Apple's culture, ideas, interfaces, "looks"... Does anyone really believe Apple doesn't want to lock user's into their platform and hardware as much as possible? Puleeze....

  156. Re:Law of Averages by simm1701 · · Score: 1

    thats the joy of statistics - you just make the first category 0-19 then even if the unitary mode is zero you can claim that "most people fall into the category of buying up to 1 CDs worth of tracks"

    --
    $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
  157. I side with DVD Jon, not DRM Steve by Zhe+Mappel · · Score: 1
    Steve's essay was cogent and well-reasoned. It simply lacked any moral persuasiveness. If you're going to profit from a corrupt industry by perpetuating its abusive DRM, then of course you will say, as Steve essentially did, "What can we do about it? We just sell the songs!"

    DVD Jon is right that it's trivial for Apple to make allowances for selling non-DRM'd indy music. The reason it doesn't is no mystery: Apple's making money. Pleasing the Big Four is the surest way to continue doing so. Jobs might wish things were different--and so the essay implies--but that is of no consequence to the bottom line.

    Besides, the essay's real goal was to deflect anticompetitive talk from Apple. I only see Apple reforming itself if the iPod stops selling, the labels withdraw their catalogs or the courts and legislators force its hand. All three are possible, as Jobs knows.

    Meanwhile, I've moved on. While once buying several dozen songs per year via iTunes, increasingly I buy from eMusic.com instead. DRM is partly why, but price, selection and bitrate are equal or greater reasons. In fact, my eMusic sub for 40 songs is about the price of one iTunes album. For that matter, I will often find used CDs on eBay for less (with shipping!) than if I bought the lower quality hobbled Apple files. Still waiting for the ideal scenario, though: lossless downloads at sub-CD prices.

  158. You are stretching it. by jotaeleemeese · · Score: 1

    Baroque and Gregorian chants are firmly entrenched in the Westerm Classical tradition.

    Most World music can be pigeonholed elsewhere, it is just a lazy name for "anything foreigner we know nothing about".

    As for folk music, it is clearly popular music, one could make an argument about it being part of pop which coule be subdivide in commercial and folk kinds.

    In any case, the original point was well made. progressive metal is clearly a type of rock, as is rap and perhaps hip-hop, which could be pop.

    Modenr musicians and popular culture critics create these unnecessary artificial descriptions based in minuscule differences of style.

    --
    IANAL but write like a drunk one.
  159. So what are the grounds for YOUR claim? by argent · · Score: 1

    This just seems like long winded rationalization of possible motives for the hypocrisy.

    You are asserting that Jobs is being hypocritical. I am questioning that assertion. I'm not saying that Jobs is incapable of hypocrisy, I'm simply questioning your assertion that he is being hypocritical in this instance.

    What does hypocrisy mean?

    It means expressing a belief that one does not hold.

    If you believe that Jobs is being hypocritical, that means you believe that Jobs is in favor of DRM. Jobs has consistently spoken out against DRM and argued that it doesn't work, and iTunes DRM is barely a token effort: not only does iTunes make no attempt to close the "analog hole", it doesn't even attempt to close the "digital hole" and even explicitly allows you to make perfect unprotected copies of the music you purchase on CD. His words and actions are consistent with the claim that the DRM in iTunes only exists because the owners of the overwhelming majority of the material you purchase through the iTunes store insist on it.

    The only evidence you provide contrary to this is that there is no un-DRM-ed music directly available through the iTunes store, and that the timing of this statement is suspicious.

    We can eliminate the timing right off the bat, because Jobs has been making the same argument, publicly, since at least 2003 - the year the iTunes music store opened. This isn't a sudden change of position in response to EU actions, it's simply another restatement of the same position he's held all along. There's no hypocrisy in saying what you believe when you're challenged on it.

    So what does that leave? A gap in the offerings available from the iTunes store.

    Even that might be suggestive of hypocrisy if there was no possible explanation other than Steve's desire to lock us in to Fairplay at all costs. But there are multiple reasons for it... some of which have been brought up by Jobs in other contexts, others that are simply speculation. Unless you've got more than repeated vehement assertions that they're "rationalizations", I suggest you examine your own motives before worring about Steve's.

    1. Re:So what are the grounds for YOUR claim? by guidryp · · Score: 1

      http://www.reference.com/browse/wiki/Hypocrisy
      Hypocrisy is the act of pretending or claiming to have beliefs, feelings, morals or virtues that one does not truly possess or PRACTICE.

      You can play semantic games to claim that saying one thing and doing the opposite is not hypocrisy. But since we will never know what is inside the mind of Jobs, I am only concerned about what is put into practice. He claims one thing does the opposite. To me that is hypocrisy. I don't care if you want to use another word. But when deeds reveal the opposite to what the words claim, I will trust the deeds over the meaningless words.

      Decrying DRM in some alternate fantasy world where it doesn't exist is no great statement. It is completely nullified by forcing bands to include DRM even when the don't want it. That is where it would stand if it were not for the timing of this letter.

      With the current situation in Norway, this appears to nothing more than attempt to deflect the heat from Apple, saying in effect it is them, not us.

      Steve Jobs, saying he is against DRM (given current actions) is like George Bush saying he is a pacifist and against military invasion.

      Unless he has some deed to back up his empty words, this is nothing but a self serving political statement aimed at shifting blame.

    2. Re:So what are the grounds for YOUR claim? by argent · · Score: 1

      Hypocrisy is the act of pretending or claiming to have beliefs, feelings, morals or virtues that one does not truly possess or PRACTICE.

      Nonsense.

      Hypocrisy is claiming to have a belief and then acting contrary to that belief WHEN ONE IS FREE TO ACT ON THAT BELIEF. If you believe that the reasons proposed for why he is not free to act on that belief are invalid, then you need to demonstrate that, rather than repeating the same argument again.

      Jobs has stated repeatedly that the only reason that the iTunes store sells encrypted music is because the labels require him to... all the way back to the opening of the iTunes store in the first place. Jobs has stated repeatedly that having the same license on ALL the music in the iTunes store is critical. These two facts COMPLETELY constrain him from making the special deal you're demanding.

      JOBS IS NOT FREE TO ACT ON HIS BELIEF.

      Don't bother responding to this message. If you have ANY support at all for your claim, go back and respond again to my previous message with the details. If you can't do that, don't waste my time.

    3. Re:So what are the grounds for YOUR claim? by guidryp · · Score: 1

      You are choosing to waste your own time. I am not doing it for you. Just why do you think your definition of hypocrisy is the only one that matters? Maybe as an etymology expert you should follow the link and correct the definition for them.

      It is not just my claim, it is widespread across the net. Jobs' say one thing, do the opposite is a pointless empty rhetoric.

    4. Re:So what are the grounds for YOUR claim? by argent · · Score: 1

      It is not just my claim, it is widespread across the net.

      Many people on the net believe that black people are inferior, that evolution is a myth, and that Windows is secure. The fact that a belief is popular doesn't make it correct.

      And it doesn't matter who else is whinging about it, you are the one making this claim right here and right now.

      Have the balls to actually support it.

  160. You are glossing it. by Em+Adespoton · · Score: 1

    Baroque and Gregorian chants are firmly entrenched in the Westerm Classical tradition.
    So is Copland -- for that matter, so are The Beatles. You'll have to do better to define "Western Classical Tradition".

    Most World music can be pigeonholed elsewhere, it is just a lazy name for "anything foreigner we know nothing about".
    Indeed... most, by your definitions, would be labelled "Classical" if you label classical as anything not made since the invention of the Radio.

    As for folk music, it is clearly popular music, one could make an argument about it being part of pop which coule be subdivide in commercial and folk kinds.
    Really? So you would consider "Baa Baa Black Sheep" and "Greensleeves" to be popular music? I must not understand what you mean by popular.

    In any case, the original point was well made. progressive metal is clearly a type of rock, as is rap and perhaps hip-hop, which could be pop.
    You must have missed my point... Rock music is music you can do the "step step step, rock step" dance move to -- unless you have a more concrete definition of Rock music that is different. My guess is that progressive metal would be popular music, not rock music, as it's most likely not danceable, but is popular in a contemporary culture.

    The problem is, ALL music either is, or has been, popular. Why not just label all music "Popular music of the xx century" and leave it at that?

    Modenr musicians and popular culture critics create these unnecessary artificial descriptions based in minuscule differences of style.

    The descriptions represent the heritage or use of the music, and are not unnecessary or artificial. "Progressive metal" means that the music features electric guitar (metal) (or really loud electric guitar if it's a shortened form of heavy metal) and has matured from the original "metal" style music. If you called it "Rock", I might try listening to it when I was looking for something of a similar style to the Beatles. If you called it "Pop" I might try listening to it thinking it was something similar to music by Wham! or nSync. I personally like to have a feeling for what will be assaulting my ears before I have to listen to it.

    "Contemporary" musicians (by the way, "Modern" does not mean contemporary, it was a specific era in each of the arts, including music, which is why there is also post-modern music) and popular culture critics have ALWAYS made distinctions between types of music; this is nothing new. It is a way of talking about music in a manner beyond that of "sound that has some formal modulation". You could also argue that colours could all be summed up as red, yellow, green and blue. This would lead to some interesting arguments over whether orange is red or yellow, and graphic artists and their critics would be at a loss for how to describe their works.

  161. Re:Law of Averages by Anonymous Coward · · Score: 0

    Actually, guys have 2 breasts too, so every human has on average 2 breasts (or some number slightly smaller than 2)

  162. Online petition by Anonymous Coward · · Score: 0

    So where is the petition I can sign in support of Steve Jobs?

  163. Re:Law of Averages by Anonymous Coward · · Score: 0

    Why would a contract change peoples opinion? Apple may have decided not to sell DRM free music because of the wind direction that day or there may be an agreement with another company, either way, it was a decision that Apple has made. Having it in writing in the form of a contract with a third party is STILL the same final outcome and decision to not sell any unprotected music. Unless of course you think some sly lawyer slipped that clause in the contract at 23:59 and no one at Apple noticed.

  164. Re:Law of Averages by MightyYar · · Score: 1

    I'm sure Apple's lawyers are very competent (except their options-granting lawyer). But it is entirely possible that they "decided" to sell no DRM-free music because the music companies made it a condition of selling their music. Apple's choice may very well have been to sell only DRM music or no major label music at all.

    Then again, there might be no such restriction - but I am certain that DVD Jon doesn't know that, and so he should stick to commenting on matters which he knows something about.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  165. Re:Law of Averages by fishbowl · · Score: 1

    >How can they "have set their clocks for longer than they had existed"?

    The joke about the clock dates back to the early 1980s, when you had to use a
    tweaking tool and/or thumbwheels to set VCR clocks and timers. At that time,
    the oldest consumer VCRs were a few years old. Since at *least* the early 1990s
    it has been *easy*, if not automatic, to set VCR clocks.

    If you live someplace that does not receive a PBS station, you probably don't need a clock anyway, and what do you need to record on a timer???

    --
    -fb Everything not expressly forbidden is now mandatory.
  166. Re:Still wasting your time? by guidryp · · Score: 1

    I provided a reasonable definition of hypocrisy(reference.com) that included espousing one thing and doing the opposite in practice. You disagreeing with that definition doesn't invalidate it. So let us just say it is my opinion that the hypocrisy definition includes saying one thing and doing the opposite. Your opinion apparently does not. So on that we differ. It is a matter of opinion and semantics. A pointless pedantic argument. Let us agree to disagree. I will not argue the hypocrisy point any more.

    I will simply say Jobs' letter is nothing but empty rhetoric without action. He could allow some labels to sell DRM free music to get the ball rolling. That it might cause some trifling inconvenience is beside the point. Instead he forces DRM on all whether they want it or not. Doing this while claiming a DRM free would would be wonderful, is just empty, hollow rhetoric.

    Change requires effort, not merely words. Jobs is clearly unwilling to make even the most trivial effort that is within his control. Espousing that in a utopian world where everyone renounced DRM, he would embrace DRM freedom is meaningless in the real world.

    The real world will never be 100% in any camp, to support freedom from DRM in the real world, the very least that should be done is accommodation of those who wish to sell their tunes without DRM.

  167. Re:Still wasting your time? by argent · · Score: 1

    You're the one making the accusation. You're responsible for backing it up. You're not doing it.

  168. Re:Still wasting your time? by guidryp · · Score: 1

    I hardly have to back up that actions count more than words. That should be self evident.