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EU Commissioner Slams Music Lock-In

Nonu writes "EU Commissioner for Consumer Protection Meglena Kuneva has come out against DRM lock-ins like Apple's iPod-iTunes combo. Kuneva said she believes the tie-in that keeps music bought from the iTunes Store from playing on MP3 players other than the iPod was unreasonable. '"Do you find it reasonable that a CD will play in all CD players, but an iTunes song will only play on an iPod?" asked Kuneva. "It doesn't [seem reasonable] to me. Something must change."' The EU is in the midst of an effort to harmonize its consumer protection laws, and along with the question of DRM tie-ins it is also looking at mandating cooling-off periods during which customers could 'return' downloaded music."

293 comments

  1. Burn The iTunes Tunes To CD and Rip Them Back by NeverVotedBush · · Score: 0, Troll

    iTunes is extremely convenient. If I want just a song off of an album, I'll pick it up from Apple. But I also burn all the songs to a CD and then rip them back at high quality into mp3's.

    Yeah - I know there is a slight loss in quality from ripping directly from the CD but for the cost savings, I can deal. And by ripping at high bit rates, you don't get near as much of the artifacts.

    If an album is good enough I'll buy it and rip that. But for a song or two, it's iTunes, burn, and rip. Works great.

    1. Re:Burn The iTunes Tunes To CD and Rip Them Back by ereshiere · · Score: 1, Insightful

      That's not how it works--the artifacts are there when you download a song from iTunes, since they're encoded at 128k. Burning and ripping them at a higher bit rate doesn't improve anything.

    2. Re:Burn The iTunes Tunes To CD and Rip Them Back by Viceroy+Potatohead · · Score: 5, Informative

      iTunes is extremely convenient. If I want just a song off of an album, I'll pick it up from Apple. But I also burn all the songs to a CD and then rip them back at high quality into mp3's.
      Not half as convenient as allofmp3 was... If I wanted a song off an album, I'd pick it up from allofmp3. I never had to rip to CD and back, and I could chose my bit rate. Now that was convenient. I really don't see how Apple couldn't do the same thing. There's no way they have legal protection against enabling-copyright-infringement (or whatever) by requiring one to burn to cd and back. That's just a pointless inconvenience.
    3. Re:Burn The iTunes Tunes To CD and Rip Them Back by Anonymous Coward · · Score: 0

      AllOfMP3 only has a license to distribute that music the way it does because of some strange Russian laws. Apple can't distribute music the same way because they don't have the benefit of lax copyright laws. They're bound by their contracts with the music industry to include the DRM.

    4. Re:Burn The iTunes Tunes To CD and Rip Them Back by karmatic · · Score: 2, Insightful

      You can still use allofmp3 - you just have to buy an xrost card and activate that. Yes, there are companies that take visa.

    5. Re:Burn The iTunes Tunes To CD and Rip Them Back by cyberbob2351 · · Score: 1
      I would highly recommend streamripper

      I wrote some convenient bash shell scripts for my linux machine, and I run streamripper instances at bootup. On my fairly slow home connection, I accumulate around a few gigs of new music daily from the several electronica shoutcast streams I "listen" to.

      What's great is that it is entirely legal, and the network gods only see a connection from a shoutcast client, so they don't care. Its only 128, but its a great deal for what has become 150 gigabytes of trance and ambient electronica. I have been listening to this stuff maybe 6 hours a day, and I have yet to assign names to all these songs. I rarely even encounter the same song very often, so it never gets old for me.

      I'm not sure if other genres are represented as much in the shoutcast scene, but it may be worth a look.

      --
      for sale
      I'm a self-modifying sig virus
    6. Re:Burn The iTunes Tunes To CD and Rip Them Back by aristotle-dude · · Score: 0

      That's not how it works--the artifacts are there when you download a song from iTunes, since they're encoded at 128k. Burning and ripping them at a higher bit rate doesn't improve anything. What is your point? Of course compressed songs will have compression artifacts. You could just re-encode to lossless, rip it to raw (WAV/AIFF) or just *gasp* listen to them on a CD playing device. Fair use does not guarantee you access to media free of artifacts or give you the magical ability to re-encode previously lossy media as lossy files without introducing or amplifying existing artifacts. Burning is as far as fair use is meant to go. Being able to rip from the CD without prosecution is a bonus given that you did not purchase the CD version. Technically, you are violating the license terms but the companies are looking the other way.
      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    7. Re:Burn The iTunes Tunes To CD and Rip Them Back by Yvanhoe · · Score: 1

      And you want this process to remain legal, right ?

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    8. Re:Burn The iTunes Tunes To CD and Rip Them Back by mh101 · · Score: 1

      Huh? The parent didn't even mention anything about buying an iPod.

      --
      Duct tape is like the Force. It has a light side, a dark side, and it holds the universe together.
    9. Re:Burn The iTunes Tunes To CD and Rip Them Back by Cheapy · · Score: 1

      That's extremely convenient? I wonder what the ability to download straight to mp3 would be then.

      --
      Would you kindly mod me +1 insightful?
    10. Re:Burn The iTunes Tunes To CD and Rip Them Back by Nikker · · Score: 3, Interesting

      But if you own a license to the song, then what is wrong with obtaining a 1:1 quality of the song?

      For example if I purchase a CD I do not own the physical media in a way I can say it is my property but the artist gives me permission to listen to the works within and the physical medium is merely just a symbolic representation of that agreement.

      If I own a cassette tape of an artist should I be able to listen to the same tracks of DVD-Audio quality? Why not? As everyone here knows that even in the day of the cassette tape the original recording (which you have a license to) was done at a much higher fidelity they just didn't have the ability to mass distribute it(cost effectively of course)

      So wouldn't this be like buying a hard copy of a book that was made on a poorly maintained press with smears within its pages, would it be wrong to download a copy in digital form? Is the artist or copyright holder missing out on something?

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    11. Re:Burn The iTunes Tunes To CD and Rip Them Back by Viceroy+Potatohead · · Score: 5, Interesting
      Apparently you're thinking I'm saying things i didn't say. Kudos to you for not ACing it, BTW.

      You made some assumptions there which I'm not even going to bother to actually specifically address, but I will enumerate:

      You are assuming:

      1. allofmp3 are Russian mob.
      2. I "throw money" at Russian mobsters.
      3. I "steal" music
      4. I feel I am moral for "stealing" music
      5. I am going on and on about "sketchy legal loopholes"
      6. I am an experienced e-lawyer (sarcastically)
      7. I know that the artist is not getting financial any benefit whatsoever
      8. You think I might bother arguing that the RIAA just has to contact...
      9. We both know that allofmp3 are/were skirting the law
      10. I benefited from allofmp3
      11. I am an asshat
      12. The /. zeitgeist is close-minded
      13. I have a problem with "big business" taking advantage of the GPL
      14. Something about Apple and blogs
      15. I feel big business exploits musicians
      16. And I benefit from that
      Truly lame... If you can't take a post which said, essentially, that iTunes is not as convenient as allofmp3 --and that I think it could offer the same level of service-- and turn it into your own projectionist ramble, then good luck with that. FWIW, other than being an asshat, there're only two other assumptions you made which have an element of truth in them, as far as I can see.

      If you don't think allofmp3 offer[s/ed] a great service, that's your problem. I have no problem paying for music at a reasonable rate --hell, I have thousands albums on vinyl, countless tapes, and tons of CDs. I've paid for them all. But I know what music is worth to me. I'm virtually NEVER going to pay even $10 for an album anymore if I only want one or two or three tunes off of it. Since some time in 2002, the only places I've been getting new music have been free publicity offerings by bands/labels or allofmp3. Cut that off, and I'll just stop consuming. I can perform well enough to get my musical kicks, and I have a decent library of existing music. $1 a song is a ridiculously overinflated price, for digital delivery, by at least an order of magnitude. Am I ripping someone off @ $1 an album? Nope. Not remotely. If it's good, then I'm a fan (and a collector), if it isn't, then I'll delete it myself, and spread my opinion that it's garbage. I've spent more money on music in my life than food, so your silly assertions are garbage to me.

      As Jello Biafra sang:

      "tin-earred,
      graph-paper brained
      accountants
      Instead of music fans
      Call all the shots at giant record companies now
      The lowest common denominator rules

      "Forget honesty
      Forget creativity
      The dumbest buy the mostest
      That's the name of the game

      "But sales are slipping
      And no one will say why
      Could be they put out one too many lousy records"

      Cheers [&Sorry for the long post].
    12. Re:Burn The iTunes Tunes To CD and Rip Them Back by mgv · · Score: 3, Informative

      But if you own a license to the song, then what is wrong with obtaining a 1:1 quality of the song?


      I think it all comes down to choice with regard to quality.

      You will never get 1:1 quality with a CD. Its a sample of the sound, and has a degree of loss. Not much of a loss as it samples at 44 KHz, but still a loss.

      Most people will say that the loss on a CD is less than the threshold of hearing. I'd agree with that in general. There is more loss on a MP3 or AAC file, but if its less than the threshold of hearing for you, does it matter? Probably not. If you are a real purist, you'll probably play off vinyl to avoid sampling/compression errors. Not that most music systems could do justice to this level of sound quality, and vinyl does scratch ....

      Now I personally think that apple should sell music without DRM free and high quality. Possibly apple feels the same about this also, as they are in this game to sell ipods, not music.

      If you are buying 128 Kb/s AAC (equivalent to 192 Kb/s MP3 roughly), burning it to a cd and re-ripping in high quality, perhaps you should consider one of two options:

      1. Rip into a loseless format. If you are doing very high quality MP3's (around 320 kb/s) you might as well use a lossless code as the size difference isn't that much anyway, and you will have no degredation from the original on playback.

      2. If disk space is an issue, use AAC, not MP3, as it should generally lose much the same information on the second pass encoding. MP3 drops different types of sounds to save space, so it makes more sense to use a similar codec on the second pass.

      Or, where possible, use a music provider that doesn't encrypt your music.

      Anyway, just my 2c worth,

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
    13. Re:Burn The iTunes Tunes To CD and Rip Them Back by DrDribble · · Score: 3, Informative

      Oh come one, always with the burn/rip cycle. Incredible that you also didn't mention the very simple and convenient "virtual CD drive" thingy. If you buy a CD that doesn't play in your car, just rip/burn and you're good to go! Even more convenient, you can buy CD that doesn't play, just order the same CD from another country! If that doesn't play either, just buy the CD very easily on iTMS and burn it! It's all just so convenient! Buy, download, burn, rip, convert, burn - these are not good ways of putting MP3's on my car stereo. Fortunately I have eMusic - they treat me as a customer, wanted as a customer, not wanted as a (potential) criminal or terrorist. With eMusic, I download and burn. Or download and copy. They even let me download the *tracks I bought* as many times as I want. No backup required for my music. iTMS is a pile of s**t. Expensive, DRM and no backup! And iTunes is ugly.

      --
      A clever person solves a problem. A wise person avoids it. -- Einstein
    14. Re:Burn The iTunes Tunes To CD and Rip Them Back by Anonymous Coward · · Score: 0

      >Rip into a loseless format. If you are doing very high quality MP3's (around 320 kb/s) you might as well use a lossless code as the size difference isn't that much anyway,

      A lossy MP3 compression of a CD at 320Kbps is about 1/10 size ~ 100MB while a lossless compression is around 300MB. Not all of the "MP3" players supports lossless CODEC, so ripping a CD to MP3 still make lots of sense. Also MP3 decoding tends to be a bit less processor intensive and the reduce data size (vs lossless) also reduce HD/FLASH access leading to longer play time.

      Note: rockbox open source firmware support lossless CODEC subjected to hardware limitations

    15. Re:Burn The iTunes Tunes To CD and Rip Them Back by morie · · Score: 1

      Indeed. You shouldn't even record music. The microphone limits te posbilityto turn your head and modify the sound that way. You just go to the performance. Also, other sounds should be eliminated. Also at performances. Get rid of the other people, breathing, shuffeling their feet etc.

      The problem remains the same: Convenience. The better you want your quality, the more you'll have to sacrifice te achieve it.

      I don't care for lossless when I play an MP3 in the train, for startes because the train makes more noise than could ever be on my MP3.

      --
      Sig (appended to the end of comments I post, 54 chars)
    16. Re:Burn The iTunes Tunes To CD and Rip Them Back by Spliffster · · Score: 1

      "But I also burn all the songs to a CD and then rip them back at high quality into mp3's."

      sounds more complicated/time consuming than buying a cd and just rip it. I, for one, prefer to buy the CD and rip it, it's less work. I buy large amounts of music every month and i'd really like to buy them online but as long as i have to do such stunts ... screw it!

      I am aware of online shops which sell non-DRMed music, unfortunately their sortiment is usually small and/or late to release.

      A bit more on topic, yes I think she's right. Online music should only be sold if it can be played in your preferred player(s). iTunes doesn't do that, it requires joe average to know how to burn and then rip it again. No problem for computer savy people, IMHO a problem for the majority.

    17. Re:Burn The iTunes Tunes To CD and Rip Them Back by zootm · · Score: 1

      If you don't think allofmp3 offer[s/ed] a great service, that's your problem.

      Personally, I don't think they offered a bad service or whatever. On the contrary, I think the service itself was great. I was just uncomfortable paying money for a service where the originators of the product saw little or none of the profits from it. It's a considerably worse rip-off than the music industry perpetuate upon the artists.

      If there was a decent kickback to artists (even at a higher price), a service just like AllOfMp3 would be perfect. Cutting out the industry middle-men (can this ever be truly done?) would be great, too. But considering the pretty much insignificant amount paid to artists by the system, I can't download stuff from it.

      I don't downlaod stuff from anywhere, though. I'm buying CDs until the system I want comes along. So long as CDs last that long.

    18. Re:Burn The iTunes Tunes To CD and Rip Them Back by NeverVotedBush · · Score: 1

      Certainly - I would like for iTunes to deliver un-DRM'ed music as MP3's.

      But they don't. So I just do what I said I do. It isn't hard and it works.

    19. Re:Burn The iTunes Tunes To CD and Rip Them Back by NeverVotedBush · · Score: 1

      Didn't read the original post well, did you? I said if the CD is good enough I will buy it. I am not going to go pay ten times what an iTunes song costs if all I want is just one song. You may want to do that and if that works for you, great. But I don't.

      So I buy singles, burn, and rip. Oh my God! As another poster said that makes me a "traitor"?

      You people need to lighten up.

    20. Re:Burn The iTunes Tunes To CD and Rip Them Back by Keeper+Of+Keys · · Score: 1

      If you use flac as your compressed format, you'll get a DRM-free copy no worse than the one you downloaded.

    21. Re:Burn The iTunes Tunes To CD and Rip Them Back by MartinG · · Score: 1

      But if you own a license to the song

      What does "a license to the song" mean?

      Where copyright is concerned you need a license to duplicate or distribute works. As far as the copy you paid for is concerned you OWN it. You don't have a copyright license for it. If you did, you would be allowed to copy it.

      Maybe you are making a comparison with EULAs and the like that are often used in software?

      If so, then I can tell you that (despite the name) a EULA is not a license, but a contract.

      (IANAL)

      --
      -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    22. Re:Burn The iTunes Tunes To CD and Rip Them Back by Hatta · · Score: 1

      iTunes is extremely convenient. If I want just a song off of an album, I'll pick it up from Apple. But I also burn all the songs to a CD and then rip them back at high quality into mp3's.

      Yeah - I know there is a slight loss in quality from ripping directly from the CD but for the cost savings, I can deal. And by ripping at high bit rates, you don't get near as much of the artifacts.


      Sweet jesus, your "high quality" mp3s are going to take up more space than the source AACs and sound worse than an mp3 half the size. If you're worried about legality, buy the song from itunes. But for gods sake, download an unencumbered mp3 too.

      --
      Give me Classic Slashdot or give me death!
    23. Re:Burn The iTunes Tunes To CD and Rip Them Back by Hatta · · Score: 1

      . I was just uncomfortable paying money for a service where the originators of the product saw little or none of the profits from it. It's a considerably worse rip-off than the music industry perpetuate upon the artists.

      Allofmp3 paid all the royalties that were due. The artists (association) just refused to collect them. It's not really unfair to the artists when they're the ones deciding not to collect.

      --
      Give me Classic Slashdot or give me death!
    24. Re:Burn The iTunes Tunes To CD and Rip Them Back by Hatta · · Score: 2, Funny

      Its only 128, but its a great deal for what has become 150 gigabytes of trance and ambient electronica.

      The best part is, the encoding artifacts sound just like the music!

      --
      Give me Classic Slashdot or give me death!
    25. Re:Burn The iTunes Tunes To CD and Rip Them Back by woadlined · · Score: 1

      Yep - very well and clearly stated.

      If I buy a car, I may drive it on roads of my choosing.

      If I buy a toothbrush, I may use it on my teeth, and I may use it to clean mold in the bathroom.

      If I buy a case of prophylactics, I may use them to sheath my tool to prevent pregnancy and the spread of disease...or I may use them as kindling or road filler or packing material (whatever the Pope currently thinks is best).

      With mp3s, I can and will make the use of them that best pleases me. As far as I'm concerned, Apple may sell me their mp3 player, but they may not decide what I do with the mp3, no sir.

      That's really the bottom line.

    26. Re:Burn The iTunes Tunes To CD and Rip Them Back by zootm · · Score: 1

      I'm fairly sure the issue was that the royalties that were to be paid were pretty much ridiculously mediocre, and that collecting them would've just lent credibility to the system.

      It's an interesting thing to work out how selling intangible goods like music over the internet works though. The fact that countries with little or no copyright law can simply sell to any other country without respecting the relevant laws there is an interesting loophole case.

    27. Re:Burn The iTunes Tunes To CD and Rip Them Back by woadlined · · Score: 1

      So...AllOfMP3 wins!

    28. Re:Burn The iTunes Tunes To CD and Rip Them Back by AK+Marc · · Score: 1

      I'm fairly sure the issue was that the royalties that were to be paid were pretty much ridiculously mediocre, and that collecting them would've just lent credibility to the system.

      The same rules apply in the US for cover songs. You can send off some trivial amount to some agency somewhere and have the right to cover a song. This trivial amount is then sent to the appropriate people. They collect on this trivial amount. The only reason they do not pick up the money being held in Russia for the legal distribution that has taken place there is because they do not want to legitimize the completely legal system they disagree with. It's a form of protest. It certainly isn't because they aren't due that money or that the money hasn't been collected in their name.

      Similar rules apply here in the US. I can pay ASCAP/BMI for a license to broadcast music on the radio. It's ok if it's an Internet stream. It's ok if that stream is collected and distributed as a podcast. It's not ok if that podcast is exactly one song long. In Russia, the rules allow for that "podcast" to be one song long, and for people to pay for that one song individually. The government version of ASCAP collects the fees on it, and AllofMP3 pays *more* to distribute those songs than I pay to ASCAP when I distribute songs in the US. It isn't unfair. It just isn't what is expected. The RIAA doesn't like when it doesn't have control. This is all about control, not the money.

    29. Re:Burn The iTunes Tunes To CD and Rip Them Back by zootm · · Score: 1

      My brain sees these as pretty incomparable. but that's just me. Here (UK) I'm fairly certain that Podcasts have the same rules as if they were distributed song-by-song, in any case. Podcasts of radio shows rarely, if ever, have any songs in them.

      A weird thing is how different computers make this whole thing with copyrights.

    30. Re:Burn The iTunes Tunes To CD and Rip Them Back by RyanL2112 · · Score: 1

      I've paid for them all. But I know what music is worth to me. I'm virtually NEVER going to pay even $10 for an album anymore if I only want one or two or three tunes off of it. Since some time in 2002, the only places I've been getting new music have been free publicity offerings by bands/labels or allofmp3. Cut that off, and I'll just stop consuming. I can perform well enough to get my musical kicks, and I have a decent library of existing music. $1 a song is a ridiculously overinflated price, for digital delivery, by at least an order of magnitude. $1 a song is over inflated? C'mon. Sure, if you are a mega superstar that goes Multi-platinum then you just made a boat load of cash. But if you are like most smaller artists you may sell 100,000 or 50,000 units if you are lucky. An album takes months of hard work to create and years of work before that to craft ones talent. So say an album brings in a million dollars. You have to pay to transport that data over a network, or package in a CD case. You have to pay for fees to register the creative work. You have to pay for lawyers to write up licenses and what not You have to pay the people that advertise and distribute your work You have to pay for the time to use the equipment to make a good album There isn't a whole hell of a lot to go around in todays world. Do I think the music industry takes advantage of artists by not giving them a fair cut? Yes. Do I think DRM sucks? Yes. Do I think that music is over priced on iTunes? no way.
    31. Re:Burn The iTunes Tunes To CD and Rip Them Back by mgv · · Score: 1


      A lossy MP3 compression of a CD at 320Kbps is about 1/10 size ~ 100MB while a lossless compression is around 300MB. Not all of the "MP3" players supports lossless CODEC, so ripping a CD to MP3 still make lots of sense. Also MP3 decoding tends to be a bit less processor intensive and the reduce data size (vs lossless) also reduce HD/FLASH access leading to longer play time.


        Depends on the file: I just ripped 3 CD's and the lossless rate varied from 467 to 932 Kbps.

      All of them obviously bigger than a 320 Kbps rip. But not that much bigger, probably averaging 2-2.5 times the size.

      I do have some music at 320 Kbps MP3's but I do wonder how much benefit there is in reducing the file size that little.

      Like you say, other factors, such as how well your MP3 player can handle the codecs, are probably more important.

      Michael

      --
      There is no cryptographic solution to the problem where the intended receiver and the attacker are the same entity.
  2. DRM free music the only way forward. by Whiney+Mac+Fanboy · · Score: 3, Informative
    DRM free music is the only true path to interoperability. Anything else will fall short.

    From TFA:

    Apple Chairman and CEO Steve Jobs has said that his company would make everybody happy by selling DRM-free music if only the record labels would agree to it.
    Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?
    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:DRM free music the only way forward. by tbo · · Score: 2, Insightful

      Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?

      The same reason Apple is opposed to variable pricing: consistency. They don't want to clutter iTunes with complicated explanations of what you are and aren't allowed to do with each track of music. Consumers will get confused and pissed off when Britney Spears will play on their Zune but Christina Aguilera won't.

    2. Re:DRM free music the only way forward. by Microlith · · Score: 1

      They don't for the same reason their mouse has one button. And it's not because "Apple is behind the times" as some insinuate.

      This is why DRM is an all songs or none deal for Apple. This way there is no question, all songs work with iPods and only iPods. If they drop DRM, then they work with ALL players.

      Of course, I'll believe the EU push when they decide to start riding the asses of stores that distribute using the far more insidious PlaysForSure or Zune system.

    3. Re:DRM free music the only way forward. by Whiney+Mac+Fanboy · · Score: 0, Troll
      The same reason Apple is opposed to variable pricing: consistency. They don't want to clutter iTunes with complicated explanations of what you are and aren't allowed to do with each track of music.

      Consistency?

      You're kidding right? Please read about this experience of consistency in DRM in itunes.

      First, when you attempt to burn the album (with the video-files, which are only distinguished from the audio-files by a small, obscure grey icon) to CD, the iTunes error message says only that the files "cannot be burned to an audio CD," which led Kim Cameron, an experienced computer user and IT executive, to conclude that the files were locked -- an error stating that these were video files would have been clearer.
      If Apple were going for consistency and attempts to not confuse the customer, they failed utterly.
      --
      There are shills on slashdot. Apparently, I'm one of them.
    4. Re:DRM free music the only way forward. by Whiney+Mac+Fanboy · · Score: 1

      This way there is no question, all songs work with iPods and only iPods. If they drop DRM, then they work with ALL players.

      So you believe Apple sells DRMd music to tie the consumer to the iPod?

      I agree with you, I don't think it's the only reason, but it certainly helps.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    5. Re:DRM free music the only way forward. by Anonymous Coward · · Score: 1, Insightful
      Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?

      It could be the contracts currently with the big 4 all read that all music sold through the iTunes music store is required to be drm encoded. Legally this also helps eliminate any possibility of something getting distributed as unprotected when it should be protected. It probably was the only way for apple to get the contracts. Or do you so quicly forget that the major labels didn't want ANY online distribution not that long ago?

      Why are you getting mad at Steve when the most likely reason this is happening is a contractual obligation? Or do you really think that Steve is the allmighty decider of ALL THINGS APPLE? (hint: even he has to abide by laws and contracts.) We have no access to these contracts and their stipulations. Blaming apple or the music companies at this time is premature. Although indications are that the music companies are the problem. Bitching at Steve Jobs over this is as useful as blaming Bill Gates for the DRM on the Zune. Sure there is a measure of guilt, but the decision was made to appease someone. And it wasn't likely Microsoft or Apple.

      The ironic thing to this whole bit could be that the music companies won't let their music be sold without drm. The eu says no to iTunes lockin, and thereby eliminates any market for legal music distribution (drm or not, ms/apple or not). This forces everyone right back to circumventing copyrights.

      Seems to defeat the point a bit there EU. Possibly cut off your arm because you can't find a glove exactly your size and the manufacturer can't make your size right now at all. But whatever.

    6. Re:DRM free music the only way forward. by Whiney+Mac+Fanboy · · Score: 1

      Why are you getting mad at Steve when the most likely reason this is happening is a contractual obligation?

      If he's under contractual obligation, tell us about it.

      He just looks like a hypocrite otherwise.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    7. Re:DRM free music the only way forward. by ClosedSource · · Score: 1

      The music labels would be in deep antitrust trouble if they collectively made an agreement with Apple that locked-out smaller labels on any basis.

    8. Re:DRM free music the only way forward. by RFaulder · · Score: 1

      That "little gray icon" detail is no longer a point, since in iTunes 7.x videos are moved to the "Music Videos" section on the library. The music part of the album will burn.

    9. Re:DRM free music the only way forward. by Jah-Wren+Ryel · · Score: 1

      The same reason Apple is opposed to variable pricing: consistency. They don't want to clutter iTunes with complicated explanations of what you are and aren't allowed to do with each track of music. Consumers will get confused and pissed off when Britney Spears will play on their Zune but Christina Aguilera won't.
      If I had mod points I would give you +1 Funny for that. Good one!
      --
      When information is power, privacy is freedom.
    10. Re:DRM free music the only way forward. by skingers6894 · · Score: 1

      "Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?"

      Because they aren't the issue. Those artist can be picked up around the net already DRM free at places like emusic.com and already have full interoperability with itunes, ipod and and generally cheaper than 99 cents a throw.

    11. Re:DRM free music the only way forward. by TheDugong · · Score: 1

      Maybe he is under a contractual obligation not to comment (or at least limit his comments) on his contractual obligations?

    12. Re:DRM free music the only way forward. by Whiney+Mac+Fanboy · · Score: 1

      Maybe he is under a contractual obligation not to comment (or at least limit his comments) on his contractual obligations?

      *rolls eyes*

      Maybe every time he's about to release press statement, he sees a really cute, fluffy kitten and so overcome by the cuteness, forgets all about it!

      --
      There are shills on slashdot. Apparently, I'm one of them.
    13. Re:DRM free music the only way forward. by Heir+Of+The+Mess · · Score: 1

      DRM free music is the only true path to interoperability, but the summary has an interesting alternative. The EU is talking about having a mandatory cooling off period for any DRM infected music where you can return it and get your money back. So anytime you want to listen to a song, you download it, listen to it, then return it.

      It's the ultimate! this turns DRM against the industry and gives you free music. Or you can pay for non-DRM music. It would be too cool to screw the music industry by this method. If it became common practice they would have to drop DRM. Of course this would never get passed in the USA, the music lobby would crush it.

      --
      Australian running a company that does C# / C++ / Java / SQL / Python / Mathematica
    14. Re:DRM free music the only way forward. by Sam+Ritchie · · Score: 1

      I would think so - it's the norm for contract details to be confidential. WMF's argument appears to be: "Steve hasn't called me up and personally explained why he's not doing what he's not doing, therefore he's a lying hypocrite."

      --
      This sig is false.
    15. Re:DRM free music the only way forward. by Silvah · · Score: 0

      I think its very clear that DRM-free music makes much more sense than any sort of copy protection, for the consumers, the corporations selling the music and producing players, and the corporations producing the music themselves. This does not mean, however, that such a system should be mandated. Copyright owners should be able to distribute their own property however they see fit.

      What if you are an independent writer selling and distributing your books online. Should any government be able to tell you how you distribute it? What if you create an interface that checks the users credentials whenever he accesses the material, should the government make this illegal?

      If DRM is such a huge problem, and for most people it is at least marginally annoying, then the record labels that provide music DRM free will have an advantage over those that don't. This will pressure record labels to remove protection on the music they sell. I fail to understand the EU's need to regulate as much as possible, this is CLEARLY a problem the free market can handle. Sure outlawing DRM might help the consumer in the short run, but this sort of government coercion comes at the cost of economic freedom.

    16. Re:DRM free music the only way forward. by Macthorpe · · Score: 1

      While I agree with your comment about the Zune system, Playsforsure is actually licensable and therefore available to anybody that wants it. Apple won't even do that.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    17. Re:DRM free music the only way forward. by Macthorpe · · Score: 1

      Good work on putting words in someone else's mouth.

      He hasn't explained to anyone outside of Apple why he's doing what he's doing, so WMF is spot on - to infect tracks that have been requested remain DRM-free with DRM against artist's wishes, and then to go ahead and write an essay detailing how it's the music companies that are at fault for such a dodgy system is hypocrisy and lies.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    18. Re:DRM free music the only way forward. by CastrTroy · · Score: 1

      I found this to be a big problem with Puretracks. They started offering MP3s, and finding the MP3s is a real hassle. If you don't care which one you get, then it's not so much of a problem, but if you're looking for MP3s, it's impossible to actually just search for stuff that's available as MP3. I don't expect that most users would be able to understand why they could play mp3 files on their new ipod, but couldn't play their WMA files. I went with eMusic, where everything is MP3. Sure they don't have a lot of big name bands, but they have a lot of good music, with a huge variety. Most b&m music stores don't even have a punk section (they group it with rock). eMusic has a punk section further subdivided into things like emo, ska, and regular punk.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    19. Re:DRM free music the only way forward. by CastrTroy · · Score: 1

      Why not just extract the audio from the video, and burn that to the CD? You mean that I have to buy the music video, and the audio track if I want to listen to the song on CD?

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    20. Re:DRM free music the only way forward. by CastrTroy · · Score: 1

      I thought the Zune wasn't playsforsure compatible?

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    21. Re:DRM free music the only way forward. by 99BottlesOfBeerInMyF · · Score: 1

      The music labels would be in deep antitrust trouble if they collectively made an agreement with Apple that locked-out smaller labels on any basis.

      First, how would they be convicted of this if the only parties that know are Apple and the RIAA and it is a trade secret? Apple could risk their iTunes store and their market lead and their iPod business to bring this to light, but even if they did they would be opening themselves up to lawsuits and the courts are notoriously ineffective at actually providing reparations and it doesn't benefit Apple's shareholders at all.

      Assuming there was such an agreement and Apple came forward, the RIAA could claim they just wanted to present a consistent experience to customers to avoid confusion and it is entirely possible the courts would buy it and Apple would have just sacrificed years of investment and building a music/player business for no real gain. And if you're thinking the RIAA wouldn't possibly take the risk, they've already been convicted of cartel abuses multiple times for actions a lot more blatant than this, like the price fixing and payola actions they have been convicted of.

      Personally, I find it not only plausible that Apple's deal with the RIAA forbids them from selling any non DRM'd content from iTMS, but it seems likely and right in line with the RIAA's normal operating procedure.

    22. Re:DRM free music the only way forward. by ClosedSource · · Score: 1

      "First, how would they be convicted of this if the only parties that know are Apple and the RIAA and it is a trade secret?"

      Did MS and computer OEMs make their agreements public before the government stepped in? If the government suspects a problem, hiding behind a trade secret isn't going to help particularly if the only purpose of the trade secret is to limit competition.

      "Assuming there was such an agreement and Apple came forward, the RIAA could claim they just wanted to present a consistent experience to customers to avoid confusion and it is entirely possible the courts would buy it and Apple would have just sacrificed years of investment and building a music/player business for no real gain."

      Wow, we're definitely in fan-boy-fantasy-land now. Why not accept the simpler explanation: if iTunes offered non-DRM'd music they wouldn't have any excuse for not allowing it to play on other portable players. If iTunes music could be played on competitors' players the iPod's market share would most definitely take a hit.

    23. Re:DRM free music the only way forward. by Macthorpe · · Score: 1

      It isn't, for whatever reason MS decided to dump it (hardly clever).

      Playsforsure: Licensable and compatible with a wide range of players, exc. Zune and iPod.
      Fairplay: Only compatible with iTunes and iPods.
      WMDRM: Only compatible with Zune and WMP10

      I think the Zune DRM is MS's attempt to try and limit their music/player market exactly like Apple does, but I expect it will fall apart in the same way that Apple's will. I honestly think it's only a matter of time, seeing as all 3 platforms have been broken time and time again and it won't be too long until the MPAA realise that DRM is a waste of time.

      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    24. Re:DRM free music the only way forward. by Rycross · · Score: 1

      Far more insidious? From my point of view Fair Play is just as insidious as the alternatives. Is it less insidious just because Slashdot likes to pretend that Apple is some fluffy company that loves you very much?

    25. Re:DRM free music the only way forward. by 99BottlesOfBeerInMyF · · Score: 1

      Did MS and computer OEMs make their agreements public before the government stepped in? If the government suspects a problem, hiding behind a trade secret isn't going to help particularly if the only purpose of the trade secret is to limit competition.

      The government only stepped in in that instance because they were investigating other antitrust abuses involving MS in response to civil suits from other companies about antitrust abuse. So unless someone else has grounds to sue and they can then show relevance the government won't be doing much of anything.

      Wow, we're definitely in fan-boy-fantasy-land now.

      What the hell are you talking about? I don't support Apple's DRM at all so I can hardly be called a "fan-boy." I don't even own an iPod. You did not address my statement at all. It isn't some wildly improbable theory it is simply debunking that the RIAA would not have taken this action because they are afraid of the courts. It is not so, as they've proven in the past.

      Why not accept the simpler explanation: if iTunes offered non-DRM'd music they wouldn't have any excuse for not allowing it to play on other portable players.

      Because that explanation makes little sense. The percentage of music on iPods that comes from the iTMS store is very small and so would such a resulting lock-in be. Further, Apple already fought the RIAA in order to get a "burn to CD" option for the DRM'd music before any other company managed to get such a concession, and that works directly against the belief that Apple values lock-in to the iPod as a motivation for their music sales. The bad PR Apple gets over this issue almost certainly results in more lost sales than they gain from making such a move of music to another player inconvenient.

      If iTunes music could be played on competitors' players the iPod's market share would most definitely take a hit.

      Wait you're honestly arguing that if the subset of music on ipods that is both purchased from the iTMS (~8% of iPods have music from iTMS) and from one of the indy labels (~20% of music sales are indy, so 20% of 8% is less than 2% of iPod users) was to be made DRM free such that users did not have to burn it to CD and re-rip that a significant number of people would abandon the iPod and move to other players? So that potential 2% of iPod sales that would actually be affected by such a move would result in a significant portion of that 2% moving to another player. And that number would be greater than the number who would then be motivated to buy an iPod by the good PR from Apple ditching that DRM? And you think that is less far-fetched than that the RIAA stipulated "DRM for all" in their contract?

      You're the one who is reaching a long way from probability to try to explain the situation. Objectively, your proposed motivation for Apple is very, very unlikely. It is not even as likely as the possibility that Apple simply does not want to try to manage both DRM'd and non-DRM'd music downloads from their store because of the technical implementation details and expense of setting that up (which I think is also less likely than my proposed explanation).

    26. Re:DRM free music the only way forward. by C0rinthian · · Score: 1

      Umm, Apple doesn't do ANYTHING against artists wishes. If the artists are so against Apple's DRM, then the artists can decide not to do business with them. If it's the label calling the shots, then you can't blame Apple. It's the label doing business against the artists wishes.

    27. Re:DRM free music the only way forward. by Macthorpe · · Score: 1
      I should direct you to read down the thread a tad but I'll reiterate.

      The big labels make a deal with Apple for their music, but not there are small labels and indie artists who also sell their music on iTunes.

      Some of those small labels and artists want to sell their music on iTunes but without DRM. Try this for more details. Quote if you can't be bothered:

      Nettwerk Music president Ric Arboit agreed and said his label has always wanted to sell unprotected music, but the majors dictated the way online stores such as iTunes and Puretracks were initially set up.

      "We would have done it from day one if it was available to us, but when it came to the indies, that's what they had in place."
      --
      "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
    28. Re:DRM free music the only way forward. by that_xmas · · Score: 1

      Again, the iPod/iTunes/Music Store interoperability is the key to not allowing the removal of DRM. There was an article posted on Slashdot not too long ago about how their technology works. UnDRMing music in the iTunes chain overcomplicates the model. Choose your poison, elegant with fewer choices or more choices with complications. Apple is chosing elegance over complication. You're argument is the same as complaining that the front door is locked when the windows, basement and backdoor are all wide open. There is nothing that prevents these supposed DRM-unwanting bands and labels from selling mp3s directly from their own web sites. Or making deals with other music stores and music player companies. They could even sell their CDs for less than 99 cents a song (with shipping). However, when they want to participate in the iTunes Music Store, the songs sold through there will be packaged with Apple's DRM scheme.

    29. Re:DRM free music the only way forward. by ClosedSource · · Score: 1

      "The government only stepped in in that instance because they were investigating other antitrust abuses involving MS in response to civil suits from other companies about antitrust abuse."

      Actually the government became involved before the civil suits, but yes, it was triggered by competitors' complaints as I strongly suspect was the case for the EU as well.

      "What the hell are you talking about? I don't support Apple's DRM at all so I can hardly be called a "fan-boy." I don't even own an iPod."

      OK, so your unlikely scenario is not motivated by a fan-boy attitude.

      blah, blah "that a significant number of people would abandon the iPod and move to other players?"

      Unless iPods are very unreliable or people own many of them, the bulk of iPod sales will be to new customers, so iPod market share could take a hit without a single current iPod customer switching players.

    30. Re:DRM free music the only way forward. by 99BottlesOfBeerInMyF · · Score: 1

      ...the bulk of iPod sales will be to new customers, so iPod market share could take a hit without a single current iPod customer switching players.

      Or iPod sales could increase as a result of Apple ditching DRM for indy bands. You've provided no evidence or even logic to support either scenario. If Apple doesn't want to remove DRM from those files because of lock-in as you assert, how would getting rid of that lock-in make any difference to new sales, since those people won't be locked in in the first place?

      It looks to me like you decided you know think you know what Apple's motivation is, and now you're struggling to find any evidence or even baseless conjecture to support your theory, instead of looking at all the evidence and forming an opinion based upon the facts and logic. Your credibility is on its way down a steep incline.

    31. Re:DRM free music the only way forward. by C0rinthian · · Score: 1

      Noone is forcing them to do business with Apple if they disagree with Apple's business practices. They choose to do so. No artist has DRM forced on them 'against their will' by Apple.

    32. Re:DRM free music the only way forward. by ClosedSource · · Score: 1

      "If Apple doesn't want to remove DRM from those files because of lock-in as you assert, how would getting rid of that lock-in make any difference to new sales, since those people won't be locked in in the first place?"

      This may come as a shock to you, but there are many people out there who don't have the time or desire to rip CD's and have no interest in pirated music. They want to buy legit music and there's simply no place witht the same terms and selection as iTunes to buy it for the other players. So some of those people will buy an iPod rather than another player because of iTunes even though there are other players that offer more features for the same price.

      Obviously competitors wouldn't bother complaining about lock-in if they didn't believe it was hurting them. Not because they are particularly honest or nice, but because they'd be spending their time and money on an effort that wouldn't help their bottom line.

    33. Re:DRM free music the only way forward. by 99BottlesOfBeerInMyF · · Score: 1
      This may come as a shock to you, but there are many people out there who don't have the time or desire to rip CD's and have no interest in pirated music. They want to buy legit music and there's simply no place witht the same terms and selection as iTunes to buy it for the other players.

      Sure there are they account for less than 8% of people who even want to and do buy one track.

      So some of those people will buy an iPod rather than another player because of iTunes even though there are other players that offer more features for the same price.

      So again we're talking about a subset of 8% of which only 20% would be affected by removing DRM on these indy tracks (the action in question). So you're talking some number substantially lower than 2% of iPod buyers. That's the benefit to Apple.

      So how many people are there who would like to buy an iPod and use it with the iTunes store, but they're fundamentally opposed to Apple's stance on DRM and this might make them reconsider? How many people simply have some sort of vague understanding that Apple's music is not "free" or "portable" and a few articles about Apple removing all DRM from the indy music would lead them to purchase an iPod? Is it more or less than that subset of 2% of current iPod users you're talking about? You don't know. I don't know. Apple probably doesn't even know. But are the chances that it is significantly beneficial to Apple to maintain DRM on those tracks and so Apple is maintaining that DRM in order to push an advantage probable? Is it more probable than the RIAA included a clause in their contract that says all music Apple sells has to be DRM'd? I don't think so and I think you're really, really, reaching to claim otherwise.

      Obviously competitors wouldn't bother complaining about lock-in if they didn't believe it was hurting them.

      Competitors are complaining about "lock-in" in general which applies to a full 8% of Apple's current iPod customers, a significant chunk of the overall market. The tracks in question are only a fraction of that and are what we're discussing. Please try to stay on the current topic.

  3. but iTunes Store sells AAC, not MP3s, right...? by openaddy · · Score: 0, Redundant

    I don't own an iPod and have never used iTunes, so I'm obviously talking out of my ass, but I thought iTunes Store sells AAC. Even if there's no DRM, most of your MP3 players aren't going to play them, anyway, right? Huh?

    Somebody must have figured out how to tinker w/ whatever you buy from iTunes Store so you can get an MP3 player-playable file out of it? Anyway, I avoid the whole iTunes/iPod craze all together...

    1. Re:but iTunes Store sells AAC, not MP3s, right...? by mAIsE · · Score: 2, Informative

      AAC is an actual standard, part of MPEG 4, un like WMV and now MP3, anyone is free to implement.

      http://en.wikipedia.org/wiki/Advanced_Audio_Coding

    2. Re:but iTunes Store sells AAC, not MP3s, right...? by AndrewNeo · · Score: 1

      Yes, it's called myFairTunes (Google it) and an AAC to MP3 converter.

    3. Re:but iTunes Store sells AAC, not MP3s, right...? by Anonymous Coward · · Score: 0

      AAC is an actual standard, part of MPEG 4, un like WMV and now MP3, anyone is free to implement.

      Anyone?

      Let's check the article you linked:

      However, a patent license is required for all manufacturers or developers of AAC codecs. [4] It is for this reason FOSS implementations such as FAAC and FAAD are distributed in source form only, in order to avoid patent infringement.

      Doesn't look like "anyone" to me. It's just as patent-encumbered as MP3.

    4. Re:but iTunes Store sells AAC, not MP3s, right...? by wo1verin3 · · Score: 2, Informative

      AAC is not free to implement, there are several companies which hold patent claims. Google for AAC and PATENT and you should find some mention of it.

  4. Has she read Steeve Jobs' essay on DRM? by ZDRuX · · Score: 4, Informative

    Because if she has, she would know that Jobs himself opposes the DRM scheme. The reason they are using it is because of the very strict rules the music industry has imposed on them when it comes to file security and making sure the encryption will not be broken.

    Jobs said that making all the songs on the iTunes store playable on different devices is possible, but giving out the encryption system to 100 different device makers without any overwatch is simply asking for disaster. Code has been leaked before (DVD discs anyone?), and this would be no exception.

    It's not so much Apple's fault, because it's the music industry that said they cannot share their iTune songs, OR the encryption to play them on any other device, otherwise their license to sell online music would be revoked.

    --
    The magical number is: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:Has she read Steeve Jobs' essay on DRM? by Whiney+Mac+Fanboy · · Score: 0, Troll

      Because if she has, she would know that Jobs himself opposes the DRM scheme.

      Aaaah right, I've read Jobs' little blog - and he's it's entirely correct.

      However. Why doesn't Jobs' allow the artists who want to sell DRM free music on itunes? There's DRM encumbered music on itunes that's available elsewhere in DRM free formats.

      I find the disconnect between Steve Jobs essay & the reality of iTunes.... well, lets just say that perhaps interoperability pressure from the EU was a bigger motivation for Jobs to write that essay then a desire to help remove DRM from the marketplace.

      I have no doubt that someone is going to reply to this post saying that consumer 'confusion' is what prevents Apple from having DRM on some music, but not on others. To those people, please read this link.

      For the lazy, the link is about four Dylan songs (virtually indistinguishable via the ITMS interface to other songs). These songs have more restrictive DRM on them and cannot be burnt to CD at all. Apple didn't seem to mind confusing their customers in that case.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    2. Re:Has she read Steeve Jobs' essay on DRM? by catwh0re · · Score: 1
      Her comments are like saying "I'm upset my CD doesn't play in my microwave.." it's a digital file designed for a particular device in mind, in this case the iPod and iTunes ecosystem.. bitching and whining that it won't play in your $5 "happy-happy-sounder-MP3-PLUS!-extreme-2000" is her own stupidity.

      Meanwhile if they cared so much about DRM then they'd pressure the music companies that exist in their own backyard and not a foreign company who has no choice other than to pull out of any country that prosecutes DRM. At the end of the day they're not going to complain to their locally based music companies because their use of DRM is possibly earning their local economy megabucks. Instead they'll pressure the market leader who's profits aren't benefitting their local economies (While simultaneously forgetting the fact that the iPods market share hasn't grown much since the launch of the iTunes Music Store.)

      I'd like to see a ground swell of actual consumers and not political related figures deciding what the consumer wants.. for all that I can see this is just about as a legitimate operation as the RIAA buying off American senators.

    3. Re:Has she read Steeve Jobs' essay on DRM? by jmv · · Score: 5, Insightful

      Has it ever occured to you that the statements made by Jobs about DRM were *precisely* made because of what the EU's doing. It's the old proven method to deal with "you shouldn't be doing X" by responding "I don't like it either, but Y is forcing me to do it". In this case, both the music companies and Apple want DRM, for very different reasons. The music industry wants you to buy your music 10 times, while Apple wants to make sure it won't work on anything other than an iPod.

    4. Re:Has she read Steeve Jobs' essay on DRM? by Anonymous Coward · · Score: 0

      Looks like the problem in that case was a crappy error message from iTunes, rather than Extreme DRM II: Electric Boogaloo. The files she was trying to burn had video content and thus couldn't be written to an audio CD. (iTunes won't strip a soundtrack from a video file.)

    5. Re:Has she read Steeve Jobs' essay on DRM? by mike2R · · Score: 2, Insightful

      Here we have living proof that "you can fool some of the people all of the time."

      Come on, it's lock in, lock in, lock in. It may conveniently tie in with some of the labels own ends, but this is all about making sure that iPod owners stay iPod owners.

      --
      This sig all sigs devours
    6. Re:Has she read Steeve Jobs' essay on DRM? by 91degrees · · Score: 1

      Because if she has, she would know that Jobs himself opposes the DRM scheme.

      But iTunes doesn't even give publishers the option of no DRM. I'm not convinced that Steve Jobs is that committed to DRM-Free music. It sounds like a bargaining position.

    7. Re:Has she read Steeve Jobs' essay on DRM? by Wite_Noiz · · Score: 1

      That's some wonderful rhetoric, but why doesn't Jobs allow other companies to license FairPlay for their own devices if that's the case?
      Or, as others have stated, artists/labels to opt-out of FairPlay on their iTunes offering?

    8. Re:Has she read Steeve Jobs' essay on DRM? by Shihar · · Score: 1

      Who cares if she read it. I could invoke Godwin's law, but I won't and will leave it up to your imagination.

      My point is that I doubt she gives a shit what Jobs says. She is far more interested in what he actually does. Allowing DRM free music for the labels that want it would probably deflect a LOT of the criticism that Apple gets these days.

      Spare me the excuses about how Apple can't do it because it is technical feat that is too hard for them. I read the same halfassed excuse too. I don't buy for a nanosecond that a company that can make dozens of OSes can't somehow figure out a way to tell iTunes to NOT slap DRM all over their music. Hell, the music isn't even stored in the iTunes server with DRM on it... it is packaged into the music as it is being sent out! If Apple can't figure out a way to turn off slapping DRM into their product, I will avoid buying anything with an Apple OS. If they can't solve that one minor technical problem in the few years iTunes has been out, I dread the difficulties they must have getting a decent OS to working.

      All of that said, I am all for letting capitalism run its course. I think that Apple should be able to seal their music into whatever crappy format they want with whatever DRM they want. I think I should be able to legally crack that DRM open without DMCA laws trying to smack me down. If Apple doesn't want to sell its independent music DRM free, fine. Let's toss out the DMCA and let the market sort this shit out.

    9. Re:Has she read Steeve Jobs' essay on DRM? by Monkeyman334 · · Score: 1

      Absolutely correct. However, I believe Apple is the lesser evil here. If Apple opens up their DRM then the music industry will get to prop up all their (historically) awful music stores. Then they won't have any incentive to get rid of DRM. Goooo Apple.

    10. Re:Has she read Steeve Jobs' essay on DRM? by Anonymous Coward · · Score: 0

      In turn, has it ever occurred to you that the EU is leveraging their market power to shove off US companies?

      The problem with /. is that a lot of people don't follow general business news. The EU has been using these tactics for a long time--revising consumer protections for side products in cosmetics (a huge industry economically) and giving EU companies a leg up on the new regs while US companies had to revise all their formulations and repass all certification, going after MS, now going after Apple. It's rare, if ever, an EU or Asian business being the target (the latter because they are trying to get into those markets). I read articles with re their revised consumer laws from about 4 years ago that mentioned if they were successful, expect challenges in other industries, and it's happening hard.

      In turn, I find it not unexpected that they are going after Apple, and not their native film studios, which use DRM in DVDs which are region encoded. If music DRM is bad, how about video and audio on DVDs?

      Their strategy is also easy to document--a lot was made in the /. story about how MS was the only company in 50 years or something to not comply, but /.ers generally overlooked a simple point: NO company had to comply with the new regulations until recently, because such monopoly and antitrust agreements didn't exist in the non-EU regimes.

      I normally wouldn't have a problem with what they are doing, except they are writing or revising these laws expressedly to put out competiton to favor native businesses (again, if someone has followed European practices, something they tried to do in the past but failed; usually they did this through direct government backed funding of commercial entities, similar to how the Concorde came about).

      Worse, what many do not seem to realize that this is that their strategies are very akin to reintroducing (or at least, a runaround of such international agreements) business tariffs that were done away with in treaties for decades now (and which led to the current market prosperity in allied countries).

    11. Re:Has she read Steeve Jobs' essay on DRM? by ucblockhead · · Score: 1

      Yes...but it is a mistake to think this is an example of Apple vs. the EU. Governments don't get this hot under the collar about an issue like this unless there's serious contributor pressure. You can bet that this is really coming from the music industry. The music industry is terrified of losing control to Apple.

      --
      The cake is a pie
    12. Re:Has she read Steeve Jobs' essay on DRM? by C0rinthian · · Score: 1

      I'm assuming you didn't read Jobs' essay, as he adresses this.

      Part of their contract with major labels is that if their DRM is compromised, they must fix it within a limited timeframe, or face heavy monetary penalties. Shipping it out to everyone who wants a license greatly increases the chance of a leak biting Apple in the ass.

    13. Re:Has she read Steeve Jobs' essay on DRM? by C0rinthian · · Score: 1

      Dammit, missed another important point: If Apple doesn't fix their DRM within a certain timeframe, they lose the right to sell the label's music.

      Some licensee screw-up could take most of their content off the store.

    14. Re:Has she read Steeve Jobs' essay on DRM? by Wite_Noiz · · Score: 1

      I was aware of those points, but I just don't think they're a very strong argument - at least, as they've been discussed.
      I'm not personally involved with Apple or a music label (so I'm possibly way off), but it seems to me that Jobs' article was all about shifting the blame.

      The same major labels that release on iTunes, using the draconian restrictions that Jobs mentions, also release on other distribution services with licensed or no DRM.
      I get the impression Apple accepted that clause because it didn't bother them, but they could have argued it had they cared enough.

      Which music label would boycott iTunes, now it's so big, just because Jobs won't agree to be hand-cuffed to deadlines in computer security?

      If I'm wrong, though, and Jobs and Apple have tried to make the labels see the light, hats off to them.
      I just don't see why Apple would care (market-wise) about licensing out FairPlay.

    15. Re:Has she read Steeve Jobs' essay on DRM? by C0rinthian · · Score: 1

      The same major labels that release on iTunes, using the draconian restrictions that Jobs mentions, also release on other distribution services with licensed or no DRM. Did those other distribution services come before or after iTunes?

      I may be wrong, but I don't believe the major labels were working with ANY online store before iTunes. This is significant, as it was an untested market. Apple had very little leverage when they started up their service. They had to give up a lot to get the labels to back an untried market. Later services benefitted from Apple proving that the model was workable.

      If Apple says "NO MORE DRM" then expect the labels to pull their music. Apple will have nothing to sell, and ceases to be a player in this market. You think the Apple shareholders would back that kind of action? Hell no. Even if iTunes itself doesn't bring in a lot of revenue it has tremendous mindshare, and is a great tool to leverage other products. (iTV, iPhone, etc)

      Jobs most definitely passes the blame. There is no questioning that. However, that doesn't invalidate many of the points he raised, and doesn't mean the blame isn't landing where it belongs.
    16. Re:Has she read Steeve Jobs' essay on DRM? by Wite_Noiz · · Score: 1

      Did those other distribution services come before or after iTunes? Yes, my point was that they came after.

      Contrary to yourself, I feel that Apple has grown in to a position to be able to return to the labels and renegotiate - something Jobs doesn't seem keen to do.
      I understand your point about shareholders, but I find it hard to believe the major labels would pull out of iTunes now. I've not looked in to the figures in a while, but it was growing rapidly last year.
  5. The only real solution by daveschroeder · · Score: 5, Insightful

    The solution isn't standardized DRM. It's no DRM. The music industry (and apparently government regulators) want you to believe the only practical solution is the former. The real solution is the latter, for all the reasons Jobs outlined, not the least of which is that DRM will NEVER stop piracy and ALWAYS be able to be defeated.

    1. Re:The only real solution by tbo · · Score: 1

      The solution isn't standardized DRM. It's no DRM. The music industry (and apparently government regulators) want you to believe the only practical solution is the former. The real solution is the latter, for all the reasons Jobs outlined, not the least of which is that DRM will NEVER stop piracy and ALWAYS be able to be defeated.

      [devil's advocate]

      I know that's what we'd like, and it's apparently what the EU and even Steve Jobs would like, but who's to say that it's really the "solution" for the music industry? Almost everyone I talk to seems to have some contorted excuse for why it's OK to copy music without rewarding the artist ("real musicians don't do it for the money", "they're already rich", "they hardly get any money per song anyway", "information wants to be free", "they should make their money from live performances", etc.). This just saddens me, and makes me wonder if a DRM-free music market could really work on a large scale (small indie labels don't count).

      DRM can be broken, but it is moderately effective at starting garden variety home piracy. It might be the least bad of many options from the industry's perspective.

      [/devil's advocate]

    2. Re:The only real solution by daveschroeder · · Score: 2, Insightful

      Oh, I agree with you. I have a pretty good devil's advocate myself: in a world where electronic distribution becomes the norm, without DRM, how can content owners control releases and pricing in different market? For example, if a label feels that it needs to sell something in Fooistan for US3 that sells for US$18 in the United States, because that's what the market bears and that's how they've chosen to price it - which is their right - without some of the controls of DRM, how can the $3 version be restricted to Fooistan? When it's physical product, the answer is simple. When it's electronic, why can't I just buy it from Fooistan's store? Some people will say that import regulations and taxes could still prevent that, but then what enforces that? Something like DRM. What if content owners want to control release schedules in different markets, as is, like it or not, their right, as the duly recognized legal "owners" of the content? Now we have various controls (such as region codes on DVDs) that support this, in addition to sales price disparities, and so on. Without DRM, that process falls apart. Some people might say, "Hey, that's globalization for you. You wanted free markets, right?" Yes, but not so that it harms developing economies. The prices can't equalize overnight, and it's not fair to force prices down to a lowest common denominator. There are difficult questions in the no-DRM panacea. A lot of the answers will revolve around information wanting to be free and "old business models" dying (a lot of which is BS). The fact is that different markets bear different prices for the same products. You can't just remove the only controls, with their associated legal extensions, and expect everything to go along fine. Enterprising folks will set up stores in the "cheapest" nations or locales and sell globally. If there are no rights management or (enforceable) legal prohibitions to doing so, everyone will gravitate to the lowest price.

      That's what DRM is about. It's not about not being able to be defeated. It will ALWAYS be defeated. It's about having a control that has legal extensions that prevent people from, or punish people for, circumventing it. This means you can't legally then buy music from the Fooistan online store. You need to buy it from the US store, at the prices the content bears in the US, at the times the content owners choose to release it in our market. Even if you take out all middlemen and we have a magical scenario where artists all get 100% of the proceeds from their creations, you have to allow for the idea that they are the people who get to determine how their content is sold, where it's sold, when it's sold, and for how much it's sold. This means THEY may even decide it's best to sell it for $5 in Fooistan and $25 in Canada. Why is that not their right? You might say, "Well, it is, but I think I still get to buy it from Fooistan even though I live in Canada." How does that help? We can go in and out of all sorts of global and legal and political and philosophical arguments. But that's really what the general copyright and rights management issues come down to: control.

      And, ultimately, the owner/originator/creator/assignee of the content SHOULD fundamentally be allowed some control. That's not to say that the prevailing system is great, or even good. But the opposite situation where everything has no restrictions or licenses doesn't work either: What's to stop anyone from buying one copy of something and making X more copies? If there are no controls to enforce that; essentially, to create an artificial "scarcity" as some like to call it, what is to legally stop anyone from doing that? You can say there can still be a "law" against it, and so on. No, that won't fly. Sure, there can be a law. But you can never (easily) prove anything was circumvented, copied, sold, "stolen", or paid for when such a system is the status quo.

      Yes, there are a million exceptions people can nitpick about what I've said here. But the fact is, the issues are a lot more complex, again, than most people would like to believe.

    3. Re:The only real solution by cyberbob2351 · · Score: 1
      The whole idea of DRM will NEVER work, and this is why...

      In the physical process of some digital artwork manifesting itself in front of you, these "bits" of information find their ways into your brain! If it's music, post DRM the safety mechanisms say "it's alright, let the information flow to the speakers" and off the data goes. In the case of video, at some point photons are emitted and received by the rods and cones in your eyes.

      So long as this information exchange is feasible, (which it always will be, otherwise there is no point in digital media), then there will be some clever warez distributer that will extract said information into some media that can be copied without protections. Even at the basic level, we know that telesync-type copies are terrible, however the technology exists such that if someone really wanted to, they could playback any DRM'd music file and "record" it, even entirely in memory space, to a non-DRMed file.

      So long as, at some point, the corporations are sending this information to you, it can and will be duplicated. Any encryption or steganography they throw at us is just buying them minute amounts of time before it will eventually escape to the masses in free and untraceable format. Why do they even bother?

      Does anyone besides me get the distinct impression that the advent of massive file trading could be the birth of a more socialist or perhaps even communist market of modern artwork? Music or not? It seems to me most of my friends listen to indie music and admire indie artwork on sites like deviantart.com.

      Just my 52 cents

      --
      for sale
      I'm a self-modifying sig virus
    4. Re:The only real solution by Sam+Ritchie · · Score: 4, Insightful

      without DRM, how can content owners control releases and pricing in different market?

      I think that's the point - most traditional media organisations have not yet grasped the concept that for digital media, there's only one market. They're stuck on the idea that DRM is a convenient way to artificially segment the global market and apply their traditional means based pricing mechanisms. Most software vendors realised the futility of this years ago and, with relatively few exceptions, have roughly comparable pricing worldwide. Yes, this means products are less affordable in poorer countries. Yes, this means price gouging is limited in richer countries. Ultimately though, this means that poorer countries get a leg up in selling their own software/digital content - behold the beauty of the free market.

      Your assertion is that content owners have the 'right' to segment the market this way to maximise profits - I disagree. What gives them that right and why? They already have sufficient rights granted to them via Berne, WIPO etc to guarantee a worldwide monopoly on reproduction of their content. Where's the public interest in legal frameworks purely for enforcing variable price & availability depending on the physical location of the consumer? Does anyone validly believe Hollywood would stop making movies if they couldn't sell downloads to Fooistan for less than they sell to Canada without reducing the Canadian price?

      --
      This sig is false.
    5. Re:The only real solution by GaryPatterson · · Score: 2, Insightful

      I think the music industry would love the EU to force Apple to licence FairPlay.

      For them, the ability of other companies to sell iPod-playable music would be a complete win. In one fell swoop, they'd have almost total control back.

      Imagine - the industry puts a demand for variable pricing starting at $2 for older music and topping out at $5 for just-released music. The alternative is that they'll withdraw the licence to sell music. Apple might stand firm as they've done in the past, but they now depend on every other FairPlay licencee standing just as firm. If they stand together, the industry will be forced back to the table. If a single one caves in, the industry will have found the weakness they need to gain the upper hand. Suddenly that company gets all the music to sell, and companies who stood with Apple lose their contract.

      Licencing FairPlay is the worst possible outcome for consumers. It hands control to the music industry, maintains DRM and weakens any other attempts to change the online sales models. Consumers have been well served by Apple having strong control and keeping prices lower.

      The only point to criticise Apple on is their failure to sell music without DRM. I don't know if they'd want to do that on a band by band basis (might be difficult to manage) but they should be able to do this by label. I've heard rumours that the music industry might have forced a condition on Apple that every song must have DRM. If that's true, then it's a sad thing.

      Apple should strongly resist any attempt to licence the ability to sell FairPlay tracks.

      There may be a case to make that FairPlay should have a playback-only licence. That is, only Apple can sell the music, but you can play it on any licenced player. That situation would be diametrically opposed to Apple's mission here - to sell iPods. Even allowing other companies to sell music for the iPod maintains their basic goals, but allowing iTMS purchases to play on other players undermines Apple's business.

      Lastly, if the solution to the EU's issue is licencing, will the EU dictate the terms Apple must licence on? Will they oversee the negotiations? Will any changes only be binding to the EU iTMS? What if negotiations break down - will Apple be forced to negotiate against its own interests? The EU have raised a number of issues for which they're not putting forward any solutions. "Something must be done!" is always a handy vote-winner, but the real progress comes from the usually unsaid part - "... and this is the workable solution I've come up with."

    6. Re:The only real solution by zenkonami · · Score: 1

      Sure. No DRM was a fabulous model in the days of Napster. I'm sure it would work even better in this age of increased bandwidth and storage capacity. Film and album budgets will shrink, and all productions will now be made out of Jimmy's bedroom with his $500 worth of gear on his P4. The quality will be superb.

      DRM may not be the answer, but the mantra "no DRM" is not the answer either.

      --

      Do You Experiment?
    7. Re:The only real solution by Shihar · · Score: 1

      Sure, your scenario might happen. There is an alternative though. It could be that when they got to renegotiate and Apple stands firm that the labels pulls out and iTunes gets tossed into the shitter.

      The alternative is that Apple stands firm, strips the DRM from their music because they no longer have any lame excuses to keep it, and continues to sell music from indie labels at a reasonable price without DRM. Apple's massive market share then leads sudden boom for these independent labels as they become the only option. Artist would suddenly have the choice as to which label they want as the indie labels would have cash too. Consumers could also get a choice, as they could take the new reasonably priced DRM free music, or they could change to a service with DRM and a crappy price. You would actually get some healthy competition going on. If the competition was healthy enough, just like how the old labels were tossed out when radio came around and they fought the new medium, the current crop of labels would then find themselves on the street.

    8. Re:The only real solution by marcosdumay · · Score: 1

      Standardized DRM == no DRM.

    9. Re:The only real solution by kthejoker · · Score: 1

      I think that, moreso than a "right", that it's not fair (in the normative sense) that - due to digitalization and the ubiquity of a digital market - a company who produces a digital good must either:

      a) sell it to everybody at the lowest allowable level based on the cheapest market (so an album is $3 because that's all the people in Fooistan can afford), or
      b) sell it to everybody at $18, thereby eliminating Fooistanians from buying the album.

      Note the numbers here are not important. The important thing is that in one market, there can only be one price, but our current world economy has not matched up prices in Iceland with prices in Pakistan with prices in Taiwan with prices in the US etc etc.

      An instantaneous price equalization is going to cause a major loss in revenue for the producers of goods - and you can bitch about the RIAA all you want, but lots of other people produce digital goods, too - either by price or by volume. Less revenue means less incentive to provide digital goods, leading to a reduction of produced goods in the market.

      That's just Econ 101, though. The single price point of the digital market simply does not mesh with the various world economies. Of course companies don't have an inherent "right" to sell a good at a certain price everywhere or anywhere, but without segmentation, problems will inevitably arise.

    10. Re:The only real solution by metamatic · · Score: 1

      ...if a label feels that it needs to sell something in Fooistan for US3 that sells for US$18 in the United States, because that's what the market bears and that's how they've chosen to price it - which is their right - without some of the controls of DRM, how can the $3 version be restricted to Fooistan?

      That's not a bug, it's a feature. The same corporations told us globalization was a great thing when they were outsourcing our jobs to Fooistan. Well, now we can outsource our purchases to Fooistan too, that's a great thing as well, right?

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    11. Re:The only real solution by cez · · Score: 1

      What's to stop anyone from buying one copy of something and making X more copies?


      Because someone can't buy a cd now and rip it to mp3 or w/e format they wish and try to sell it?

      --
      Walk with Music;
    12. Re:The only real solution by daveschroeder · · Score: 1
      Because someone can't buy a cd now and rip it to mp3 or w/e format they wish and try to sell it?

      ...

      That's not the same physical original product. And people did do that (e.g., allofmp3).

      In digital sales, a music file without DRM is the same as a copy of said file. It is no different from the original. Note I mean this in a *product* sense, not a musical reproduction technical sense. The analogy would be being able to "clone" a CD - the disc itself, the printing, its packaging, etc. - for virtually no cost, with no real legal way to prohibit that. DRM is just such a prohibition.

    13. Re:The only real solution by Sam+Ritchie · · Score: 1

      a) sell it to everybody at the lowest allowable level based on the cheapest market (so an album is $3 because that's all the people in Fooistan can afford), or
      b) sell it to everybody at $18, thereby eliminating Fooistanians from buying the album.

      how about:
      c) sell to it everybody at a single price somewhere in between, calculated to maximise revenue across the whole market?

      I'm not sure I understand why it's 'not fair' for companies to not be able to sell the same product to different countries at different prices, based on capacity to pay. I earn more than some of my colleagues, but the local sandwich bar doesn't bitch and moan about not being able to charge me more for lunch than they charge the others, despite the fact I may theoretically be prepared to pay more. Instead, they charge a single price that they've found to give them maximum profit (and yes, I know that Amazon would like to change all that).

      I think my question still stands - where's the public interest in state-facilitated enforcement of market segmentation?

      --
      This sig is false.
  6. Wow.... Consumer's rights being advocated? by Fallen+Kell · · Score: 3, Insightful

    Probably not. But it almost appears that way. More likely politics on the issue that iTunes being an Apple product, and Apple not being an EU based company, while several other EU based companies *cough* Philips *cough* LG *cough* are not making any headway into the market which is completely dominated by Apple. While I personally love the outcome of the fight, i.e. someone fighting for removing of DRM. The reasons for the fight are suspect in my eyes.

    Why just fight against DRM for iTunes, and not DRM for everything? If the EU commisioner was really fighting for consumer rights here, it should be all DRM'ed anything, music, movies, electronic books, etc., etc., should be able to be universally used on any device. Which essentially means that it needs to be universal. Problem here is that as such, DRM can not work.

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    1. Re:Wow.... Consumer's rights being advocated? by Anonymous Coward · · Score: 0

      LG is European? LG? aka Lucky Goldstar? Think again hoss.

    2. Re:Wow.... Consumer's rights being advocated? by Draconix · · Score: 1, Funny

      Well, South Korea is part of Europe according to the average American's knowledge of geography! ;)

      --
      By reading this you acknowledge that you have read it.
    3. Re:Wow.... Consumer's rights being advocated? by ClosedSource · · Score: 4, Insightful

      Ever noticed how the EU was perceived to be smart when it was punishing MS for behavior that might someday lead to a monopoly in server OS's, but is considered dumb when they attack Apple who has a monopoly today on portable music players.

    4. Re:Wow.... Consumer's rights being advocated? by allgood2 · · Score: 1
      Well, after talking to her own Competition Commissioner Neelie Kroes, Ms. Kuneva backed away from her previous statements, and decided it best to widen the debate, to all DRM.

      Reuters reports, "Meglena Kuneva told a news conference there was no reason to talk about legal action against the U.S. computer and technology company and that she merely wanted to raise questions. 'I would like, really, to start this debate. What is best to develop this market and to have more consumers enjoying this really very important, very modern way of downloading and enjoying the music?' she said of Apple's iTunes."

      The reported article is kind of old, from two days ago. Today's news has Kuneva stating the EU Commision will take no action against Apple, etc., etc.
    5. Re:Wow.... Consumer's rights being advocated? by mrcdeckard · · Score: 1

      good point. why are they focusing on apple? i don't know how different the EU market is from the US, but I wonder if their cell carriers have crazy lock in like here in the us. what about video games? is it crazy that a version of a game i buy for ps2 won't work in the xbox won't work in the GC? vendor lock-in sucks, and it always will, but apple is by no means the only ones playing this game (assuming that steve is actually HAPPY the record industry "makes" apple use DRM).

      it just seems suspect that the EU is going after apple, when really, they should be going after EVERYONE that is doing it. oh wait, that would effectively make europe an amish state, wouldn't it?

      mr c

      --
      "Physics is like sex. Sure, it may give some practical results, but that's not why we do it." - R. Feynman
    6. Re:Wow.... Consumer's rights being advocated? by HTTP+Error+403+403.9 · · Score: 1

      Ever noticed how the EU was perceived to be smart when it was punishing MS for behavior that might someday lead to a monopoly in server OS's, but is considered dumb when they attack Apple who has a monopoly today on portable music players.
      How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods I see other portable music players with more features and lower prices? Apple does not have a monopoly with its iPod, the consumer has choices and they choose to buy iPods.
      --
      I'm not a Troll, it's reverse psychology.
    7. Re:Wow.... Consumer's rights being advocated? by Whiney+Mac+Fanboy · · Score: 3, Insightful

      GP: MS for behavior that might someday lead to a monopoly in server OS's

      Parent: How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods

      1) The parent specifically mentioned server OS's (where MS has multiple competitors in the market), other mp3 players don't count.

      2) Apple's supposed monopoly is in the digital music market, not the portable music player market.

      3) You don't understand what a monopoly is do you? Hint: It doesn't mean you have 100% of a market.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    8. Re:Wow.... Consumer's rights being advocated? by HTTP+Error+403+403.9 · · Score: 1
      GP: MS for behavior that might someday lead to a monopoly in server OS's

      Parent: How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods

      1) The parent specifically mentioned server OS's (where MS has multiple competitors in the market), other mp3 players don't count.I am disputing the GPs contention that "Apple who has a monopoly today on portable music players." They do not.

      2) Apple's supposed monopoly is in the digital music market, not the portable music player market.

      That is not what the GP stated. The poster stated "Apple who has a monopoly today on portable music players." If the poster meant the "digital music market", then why not use the words, "digital music market"? Why did the poster use, "portable music players"?

      3) You don't understand what a monopoly is do you? Hint: It doesn't mean you have 100% of a market.Everything I stated is factually correct and I didn't imply in anyway that a monopoly is 100% of a market. Still beating your wife?

      --
      I'm not a Troll, it's reverse psychology.
    9. Re:Wow.... Consumer's rights being advocated? by Whiney+Mac+Fanboy · · Score: 1
      2) Apple's supposed monopoly is in the digital music market, not the portable music player market.

      That is not what the GP stated. The poster stated "Apple who has a monopoly today on portable music players."


      Fair enough, I was too hasty - you were right to correct the GP.

      Everything I stated is factually correct and I didn't imply in anyway that a monopoly is 100% of a market.

      But you said

      How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods I see other portable music players with more features and lower prices?
      Right there, you show that you believe that a company does not have a monopoly in one market because of the existance of competitors.

      That sure as hell is an implication that you believe a monopoly must constitue 100%.
      --
      There are shills on slashdot. Apparently, I'm one of them.
    10. Re:Wow.... Consumer's rights being advocated? by 10Ghz · · Score: 1

      "Right there, you show that you believe that a company does not have a monopoly in one market because of the existance of competitors."

      No, competitors are not enough. But there's practically nothing that forces the consumer to choose iTunes or iPod. iTunes doesn't really offer anything that some other store does not (apart from iPod-compatibility). And there's multitude of mp3-players out there, so people are not forced to choose iPod over the alternatives. And there are other stores out there that are compatible with iPod, besides iTunes.

      Yes, Apple is the biggest player in this market. But did they reach that position through shenanigans or merely by offering a better product? Are they using questionable methods in holding on to their current position? No. There are stores that sell iPod-compatible music, and most music people have in their iPods is not from ITMS. And there are lots of competing music-players in the market.

      So what's the problem here?

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    11. Re:Wow.... Consumer's rights being advocated? by gnasher719 · · Score: 1

      '' 2) Apple's supposed monopoly is in the digital music market, not the portable music player market. ''

      For f***s sake, can you stop that idiocy about "digital music market"? 95 percent of the "digital music market" is still CDs. What you mean is "downloadable music market". Just because there are plenty of brainless idiots in the press who can't think doesn't mean you have to repeat that nonsense.

    12. Re:Wow.... Consumer's rights being advocated? by Whiney+Mac+Fanboy · · Score: 1

      For f***s sake, can you stop that idiocy about "digital music market"? 95 percent of the "digital music market" is still CDs. What you mean is "downloadable music market". Just because there are plenty of brainless idiots in the press who can't think doesn't mean you have to repeat that nonsense.

      Good point. You're quite right. (Erg, I fell for a buzzword).

      Don't know if downloadable music market is the best term tho'.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    13. Re:Wow.... Consumer's rights being advocated? by ClosedSource · · Score: 1

      There were always alternatives to IBM-compatible computers and MS OS's available, it was the market that made them the winners exactly as it was with Apple and the iPod.

    14. Re:Wow.... Consumer's rights being advocated? by bitt3n · · Score: 1

      You don't understand what a monopoly is do you? Hint: It doesn't mean you have 100% of a market.
      hm.. I guess I don't understand what a monopoly is either. The first definition at dictionary.com says it's "Exclusive control by one group of the means of producing or selling a commodity or service." Perhaps you can explain why you object to using the term as it is so defined.
    15. Re:Wow.... Consumer's rights being advocated? by xelah · · Score: 1
      'Monopoly' strictly means 'a market with only one seller' (and monopsony a market with one buyer). A market with multiple sellers is an oligopoly. 'Market' isn't necessarily easy to define...Apple could be considered a monopolist in iPods, but not portable music players, say. When a number of companies compete by being monopolists in only slightly different products it tends to be called 'monopolistic competition', at least in economists' circles. I've sometimes extrapolated to get the work 'oligopsony', but I've never heard anyone else say it...


      These aren't very useful legal definitions, though, so the legal definition of a monopoly is often different. IIRC, in the UK 25% market share is enough to start triggering monopoly legislation. Near-monopolies and oligopolies need regulation, and there are plenty of economically-negative things that can go on even when no-one is anywhere near 100% but someone still has significant market power. In any case, the problem here seems to be Apple using it's position in two /different/ markets to reinforce each other rather than it abusing its market power to push up prices in either on its own, which is the traditional monopoly problem.

  7. All of your concerns are answered here by daveschroeder · · Score: 2, Insightful

    DRM free music is the only true path to interoperability. Anything else will fall short.

    For the record, I agree.

    As to the oft-repeated response to Jobs' statement, I answer those concerns in one of my previous responses to another similar response. Summary: it is nowhere near as technically, legally, and procedurally as simple as people seem to think it is, and the fact Apple isn't doing it now doesn't mean Jobs' DRM statement was just PR fluff that they floated out because they "knew" they'd "never have to do it":

    They already store unprotected files on the server that are accessible from certain clients. I'm sure they probably thought of the eventuality that they could sell unprotected music someday, and if they have any sense they already have something designed and implemented. It is definitely a business decision and not technical limitations that are holding them back.

    Yes. And the business processes that go into rolling something like this out are probably far more complex than the technical processes. This actually speaks to my point: technically, sure, it may be that "2-3 day" operation people think it should be. From a business and support perspective, it's not. There may even be legal issues in one or more of Apple's other contractual relationships. This is the same as people thinking Apple should have been able to create an iPod battery replacement service in a week or two. In reality, it took the better part of a year. The point is that things are a little more complex and take a little longer than people seem to think.

    I never said he was in love with DRM.

    You didn't say that, but others making this argument essentially say that.

    The simple fact is that Apple does not sell songs without DRM, even though they have the ability

    You don't know that they have that ability right now. Just because the songs are stored unprotected on their servers doesn't mean they have the end-to-end business, technical, and logistical processes, today, to do that. I can just see people saying, "Please...how hard can it be?" It may NOT be "that hard". But it's a LOT harder than people seem to think it is. It's not as if they can just flip a switch. There are a lot of things that would have to happen at the back end to support this, not to mention a client update may even be needed.

    I'm NOT saying any of this is impossible, or that it would be "hard" for Apple to do, or that they shouldn't do it.

    I'm simply saying that using the fact that they're not currently doing it as some sort of "proof" that Apple doesn't really want to be rid of DRM is disingenuous.

    and many independent labels have requested to have their music sold unshackled.

    But how many of these labels have direct relationships with iTunes (i.e., not another intermediary)? I honestly don't know. Even if there are many, they, in total, comprise a very small portion (much less than "30%") and don't include any major labels. And the major labels - the ones who WANT DRM - are what's at issue here. I know that to some people, the converse situation of applying DRM to these other artists' music who may not want it stands as some sort of "proof" that Apple really isn't serious about ridding iTunes Music Store of DRM.

    If Steve was anti-DRM, then why does iTunes not have the ability to sell unrestricted music from those labels that want it?

    This is a legitimate question. Even if the number of people with valid rights to request this (i.e., people with direct contractual relationships with Apple) is very small, Apple should still enable this, even if only as a symbol.

    The answer is that they can make a whole shitload of money while still appearing

    1. Re:All of your concerns are answered here by Jah-Wren+Ryel · · Score: 4, Interesting
      Damn! Was that ever long. But you know what is sad? There have been plenty of apple apologias even longer than that. Yours is no disgrace.

      I'm simply saying that using the fact that they're not currently doing it as some sort of "proof" that Apple doesn't really want to be rid of DRM is disingenuous.

      So, even if they are not DOING it, Apple could have long ago said that yes they WILL do it and are currently WORKING ON IT. That Apple has said nothing of the kind is proof enough. And puh-leaze, don't give me any bunk about how Apple doesn't pre-announce things. They can and do when it suits them. If Jobs's anti-DRM stance were true, he could gain even more leverage over the big-5 by merely announcing the intent to go DRM-free for the labels that are OK with it.

      --
      When information is power, privacy is freedom.
    2. Re:All of your concerns are answered here by SanityInAnarchy · · Score: 1

      And the business processes that go into rolling something like this out are probably far more complex than the technical processes.

      Are there any business processes besides contracts? It certainly doesn't seem to take long to, say, roll your own webcomic and start selling tshirts for it. I mean, not three days, but far less than three months, right?

      It's not as if they can just flip a switch. There are a lot of things that would have to happen at the back end to support this, not to mention a client update may even be needed.

      Regarding business? You tell me, but I'm betting it's those contracts.

      They do client updates all the time. Even if it would be a fairly massive change on the backend, worst case, they could buy a DRM-free label (Magnatune, Mindawn, Jamendo, eMusic, the list goes on...) and use their store until they can get it integrated properly into iTunes.

      I realize they hate to do that kind of thing. Apple doesn't like to give you anything half-done, or even news of it. Frankly, we're lucky Steve said anything -- if they were really serious about this, and followed standard procedure, we'd have gotten the Jobs letter on the day the client update was available for download, along with tools to integrate it with the Zune, Rio, Archos, and everything, the ability to burn unlimited CDs, perhaps even a tool to share with your friends -- with the iPhone, it could be like the Zune's "squirt", only you get unlimited plays -- this is legal with Magnatune (you may distribute up to 5 copies to your friends, no strings attached).

      That's the kind of launch Apple likes to do. Not a half-baked, unintegrated kludge -- but that's exactly what would be really nice right now, at least to convince us that they're doing something -- although it would probably help as much for Steve to write a followup letter and explain to us what you just did -- that they're really working hard on it, or that they can't do it yet for legal reasons.

      In fact, you can get eMusic content and play it on your iPod, right alongside protected iTunes Music Store content. Why is this so difficult?

      It's slightly more of a hassle than dealing with what I described above, and much more of a hassle than when Apple finally gets it fully integrated, and you can impulse-buy straight from inside iTunes. However, a buyout from Apple would be a hell of a statement, even if it changed nothing about the current situation (yet).

      In their parlance, "you know, artists that people have actually heard of."

      Slightly offtopic, but sure. The way to get these people to wake up and check out things other than iTMS is to play them some other music. Send them over to some of these Internet Radio sites (my local station, KRUU, would be one), or simply play them some interesting music.

      Of course, some people won't be swayed at all. I know a few people who just pay for a music service and that's it -- and they do have a point. These are the people who love DRM, because they do have a subscription fee (of course), but it's only some, what, $10/month. Given the amount of music they've already downloaded, they could download nothing else and still go some 15 or 20 years before it starts costing them money (vs iTunes or CDs). And if the service dies, or they don't like it, they can switch to another one -- no need to backup their music, even, just re-download the same stuff.

      But seeing as that isn't Apple's business model here, they should be doing DRM-free stuff. And I can see why they wouldn't have it done already, or even confirm that they're working on it, but I think it's a stupid move, because it make Steve Jobs look like a hypocritical asshat.

      That's assuming benefit of the doubt. You don't know, and I don't know, that he isn't really being a hypocritical asshat.

      --
      Don't thank God, thank a doctor!
    3. Re:All of your concerns are answered here by C0rinthian · · Score: 1

      If Jobs's anti-DRM stance were true, he could gain even more leverage over the big-5 by merely announcing the intent to go DRM-free for the labels that are OK with it.

      Unless, of course, Part of Apple's agreement with the big labels is that all music is sold with the same DRM. "We won't let you sell our stuff unless EVERYTHING you sell has FairPlay."

      That isn't too far-fetched. But then again, I havn't seen their contract. And I doubt you have either...
    4. Re:All of your concerns are answered here by Jah-Wren+Ryel · · Score: 1

      Unless, of course, Part of Apple's agreement with the big labels is that all music is sold with the same DRM. "We won't let you sell our stuff unless EVERYTHING you sell has FairPlay."

      That isn't too far-fetched. But then again, I havn't seen their contract. And I doubt you have either...
      More apologia from the illogical. If Apple was serious about being anti-DRM, they would anounnce the fact that they were contractually bound to do so and that it "wasn't their fault." Then they could beat the big-5 over the head with all the bad press that would generate. It might even get the big-5 on the other end of an anti-trust suit.
      --
      When information is power, privacy is freedom.
  8. There's no such thing as a dumb question... by Anonymous Coward · · Score: 0
    ... but there sure are a lot of inquisitive idiots. (credit to the demotivational posters)

    "Do you find it reasonable that a CD will play in all CD players, but an iTunes song will only play on an iPod?"


    Ummm... no. But then again, (real) CDs aren't locked up with DRM. It's shocking to me that a standardized format with no DRM can be played in any device conforming to that standard.
  9. Another way to look at it... by ack154 · · Score: 1

    Maybe this idea is just my head spinning... but does this make sense to anyone else? Using some of their analogy:

    CD : CD Player :: iTunes File : iPod

    Kinda makes sense to me like that... and at least sort of reasonable.

    Maybe I should be able to play my CDs in my tape player too though?

    1. Re:Another way to look at it... by Sacrelicious2 · · Score: 2, Informative

      Your analogy makes no sense. A better analogy would be to say that sony music cds only play on sony cd players.

    2. Re:Another way to look at it... by Anonymous Coward · · Score: 0

      Not really. CD is an open standard published by Phillips. In order to call somrthing a CD you have to comply with the standard. iTunes DRM is not an open standard, Apple gets to say who uses their technology, not some EU commision.

    3. Re:Another way to look at it... by zenkonami · · Score: 1

      Apples and oranges here. You are right, but not the way you think.

      iTunes/iPod is not a monopoly. If there are alternatives out there that provide non DRM'd music, then the consumers should be flocking to them. They should be purchasing mp3 players other than the iPod. In this case, the market should do it's work, but clearly either a) it's not, or b) it is and the dominant choice is iTunes/iPod due to overall usability and compromise between the content creators and the end users.

      iTunes DRM is not an open standard, nor does it need to be. Part of how it supports this compromise is by maintaining control this standard.

      Since you can purchase music from other vendors and in other formats (non DRM mp3s, CDs...even vinyl in many cases), this is a problem of people wanting free and wanting it now. They can whine all they want about how they want to control their content, but if they truly do, they should shut up and start using their money to vote for them before a DRM oriented distributor *does* establish a monopoly in music.

      And if you (not necessarily the esteemed parents above) just want your music for free because it's your right as a human being, go out there and make your own.

      --

      Do You Experiment?
    4. Re:Another way to look at it... by HTH+NE1 · · Score: 1

      But iTunes songs can be played on more than just iPods. They can also be played on Macs and PCs, including portable laptops, running the iTunes software.

      And they can be converted into CD tracks.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    5. Re:Another way to look at it... by Anonymous Coward · · Score: 0

      So I shouldn't play CD's in a CDROM Drive?

    6. Re:Another way to look at it... by toddestan · · Score: 1

      Maybe I should be able to play my CDs in my tape player too though?

      You can. You put the CD in the CD player, put a tape in the tape recorder, and you record the song directly to a tape. It's not so easy with iTunes, thanks to the DRM.

  10. Mr. Kuneva is RIGHT! by countSudoku() · · Score: 1

    All this "lock in" is pissing us consumers off, bigtime! I can't get my Apple iTunes songs to play on my PSP unmodified. I can't get my Zune to work on Linux. I can't get my iPod to connect to my C64 GEOS box nor can I get my Rio500 to communicate with a toasted cheese sandwich!!! This is CRAP!!!

    BTW, can we up the "cooling off period" to 40 years so I can return all the extra songs from CDs and albums that I ever purchased just to get one good song? I think then we can all get some sleep at night. Way to tackle a big issue, EU!

    --
    This is the NSA, we're gonna geet U h@x0r5! Also, what is a h@x0r5?
    1. Re:Mr. Kuneva is RIGHT! by Anonymous Coward · · Score: 0

      Mrs Kuneva, by the way...
      1. This is her personal opinion, not an official position of the EU Commission.
      2. She is not in charge and not even remotely related to the department dealing with that matter. Neli Cruise (not sure about the spelling, please don't take offense) is the person dealing with that matter in EU.
      3. This is not her first case she is making statements, unprepared to defend her position.

    2. Re:Mr. Kuneva is RIGHT! by Anonymous Coward · · Score: 0

      Personally, I think that we should only be able to play music in a single player located in Washington DC. That way we'd know exactly who was listening to what. We can't allow people full access to the things they buy, can we?

    3. Re:Mr. Kuneva is RIGHT! by cez · · Score: 1

      but you can get your emusic.com downloaded mp3 player to play on your iPod, and you can get your CD to play on your ipod.

      --
      Walk with Music;
  11. Another Clueless Bureaucrat by Steve+B · · Score: 2, Informative

    Apple Chairman and CEO Steve Jobs has said that his company would make everybody happy by selling DRM-free music if only the record labels would agree to it. Color some Europeans unimpressed: a spokesperson for the Norwegian Consumer said that while Jobs' comments were welcome, they don't address the underlying problem of interoperability.

    WTF? Selling DRM-free music most certainly would address the underlying problem of interoperability -- in the worst-case scenario, DRM-free music in one format (e.g. AAC) could be transcoded to a different format (e.g. MP3), albeit not at optimum quality.

    --
    /. If the government wants us to respect the law, it should set a better example.
    1. Re:Another Clueless Bureaucrat by Timesprout · · Score: 1

      I will bear this argument in mind next time I hear about how MS Office is evil and .doc/.xls file are the spawn of satan.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    2. Re:Another Clueless Bureaucrat by Steve+B · · Score: 1

      I will bear this argument in mind next time I hear about how MS Office is evil and .doc/.xls file are the spawn of satan.

      Yes, bear that in mind while parsing the officially published spec for .doc/.xls to write the converter to the format you prefer.

      Oh, wait....

      --
      /. If the government wants us to respect the law, it should set a better example.
  12. Capitalist acts between consenting adults by mc6809e · · Score: 3, Interesting


    If consumers voluntarily buy a system that emplys DRM restrictions and Apple is voluntarily supplying it, where is the harm? Why should the government step in to prevent commerce between consenting adults?

    Of course there are people out there that think government should be a "big brother" to keep its little brother, "the public" out of trouble.

    I say I'm an adult. If I want to buy a system that employs DRM, it's my god damn business.

    1. Re:Capitalist acts between consenting adults by Anonymous Coward · · Score: 0

      Stupid people elect government that will protect them from being stupid.

      Smart people are too few to make a difference in elections and in most cases have figured out that fighting all this is a waste of their time when they could be making money somewhere and ignoring the whole problem. Smart people could give two shits about a problem like DRM.

    2. Re:Capitalist acts between consenting adults by ScentCone · · Score: 1, Insightful

      I say I'm an adult. If I want to buy a system that employs DRM, it's my god damn business.

      Well, you pretty much nailed it. Obviously this EU official thinks you can't possibly expected to be accountable for your own actions and decisions. For cryin' out loud, she wants a "cooling off period" for the purchase of an inexpensive bit of three-minute entertainment? Doesn't anyone understand how absurd that sounds? It's bad enough when people want to "cool off" on their 60" plasma TV purchase the day after the Super Bowl... but to imply that the government needs to protect people from the harm they might do to themselves by paying a dollar for a song from iTunes... incredible. Perhaps she'd like to propose a cooling off period for the people that voted for her? Surely they're regretting it. Or should, anyway.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Capitalist acts between consenting adults by Kristoph · · Score: 4, Insightful

      The government is stepping in to keep the consumer from harm and/or to ensure the market is functioning properly by attempting to regulate some degree of interoperability. The government has done this many times to very positive effect. In many cases such interoperability leads to much greater choice and much lower cost. If the government failed to do that choice would exist but it would be expensive and difficult to obtain because alternatives would have a significant market disadvantage. So, in summary, the whole point here is to give you choice, not to butt into your business.

      ]{

    4. Re:Capitalist acts between consenting adults by mc6809e · · Score: 1

      The government is stepping in to keep the consumer from harm and/or to ensure the market is functioning properly by attempting to regulate some degree of interoperability. The government has done this many times to very positive effect. In many cases such interoperability leads to much greater choice and much lower cost. If the government failed to do that choice would exist but it would be expensive and difficult to obtain because alternatives would have a significant market disadvantage. So, in summary, the whole point here is to give you choice, not to butt into your business.


      Great in theory.


      The trouble is with supply side of the equation. Apple doesn't have to make an IPod. They don't have to have an online store. Copyright holders don't have to agree to allow the sale of their music online. But they do all those things because DRM is being used.

      Suppliers have options. You can't just change the rules and expect suppliers not to change their business behavior in response. They're not legally required to make music players.



    5. Re:Capitalist acts between consenting adults by Kristoph · · Score: 1

      I think the motivation here is that many EU phone companies sell you stuff through your phone without making it clear that you are buying anything. (It says it's free and then you click get and you wind up paying a eur 4 'download charge'). So with a cooling off period you would see your bill and you'd be able to tell them you don't want the crap you bought. It's a EU solution to an EU problem.

      ]{

    6. Re:Capitalist acts between consenting adults by Kristoph · · Score: 2, Insightful

      Yes, suppliers have options, what's your point? If Apple stopped making iPod's someone else would make jPod's or kPod's or whatever because there is DEMAND!

      Anyway, I am not against DRM. I am just against vendor lock in of the stuff I bought. Actually I own a Mac and an iPod but I want the option of using something else in the future. In fact, I saw the sansa player, which I'd like to give a try, but there is no way to do that unless I do something deemed illegal to covert my music to a different format.

      ]{

    7. Re:Capitalist acts between consenting adults by Anonymous Coward · · Score: 0

      Won't someone please think of the multinational corporations? The government should never place its own people's interests over those of foreign companies.

    8. Re:Capitalist acts between consenting adults by kocsonya · · Score: 3, Insightful

      Because this is the *same* government that grants the right of the music factory to charge for their product every time they make a copy for about one and a half century even if the actual cost of making that particular copy is practically zero and *anyone* can make that copy if they want. This is the same government which in some countries artificially raises the price of data medium and give a cut to the music factories because the medium is capable of holding music.

      In this case they do not do Big Brother things, they do not limit what you can do - it is actually DRM that limits what you can do and the various IP laws (by the government, actually). All they want now is that the music manufacturers can't squeeze you more than what the law grants to them.

    9. Re:Capitalist acts between consenting adults by Anarchitect_in_oz · · Score: 1

      I think it could be a good idea.

      I mean all that pop music that is aimed at fickle teenage girls, would soon be without a workable business model.

      --
      "Call us when the New age is old enough to drink" Beck
    10. Re:Capitalist acts between consenting adults by mc6809e · · Score: 1
      Won't someone please think of the multinational corporations? The government should never place its own people's interests over those of foreign companies.


      Yet somehow "its own people" think it's in their interest to purchase IPods.


      I guess you're one of those people that thinks big brother knows best.

    11. Re:Capitalist acts between consenting adults by zenkonami · · Score: 1

      1) Not illegal. Burn to CD. Re-rip. It's designed to work that way.

      2) I sincerely hope that you bought your mac/ipod setup before you started opposing vendor lockout. Otherwise, YOU ARE THE PROBLEM.

      --

      Do You Experiment?
    12. Re:Capitalist acts between consenting adults by bjourne · · Score: 1

      Do you think an organisation like the EU cares about consumer rights? What they want is not for Apple to stop using DRM, it is for Apple to license their DRM file format so that other manufacturers can produce compatible devices. This is why the EU is going after Apple and not Microsoft. Microsoft readily licenses their DRM technology FairPlay to other companies. Apple is not. They are using iTunes Music Store to leverage their commercial advantage (monopoly?) in the music distribution business to create a monopoly in the MP3 player manufacturing business. That is a tactic which certainly is very shady, if not illegal.

      Microsoft has done exactly the same thing and was convicted for it. So it only makes sense for the EU to prevent Apple from doing the same thing.

    13. Re:Capitalist acts between consenting adults by Aceticon · · Score: 1

      The government is stepping in to keep the consumer from harm and/or to ensure the market is functioning properly by attempting to regulate some degree of interoperability. The government has done this many times to very positive effect. In many cases such interoperability leads to much greater choice and much lower cost. If the government failed to do that choice would exist but it would be expensive and difficult to obtain because alternatives would have a significant market disadvantage. So, in summary, the whole point here is to give you choice, not to butt into your business.

      For an example of how this works compare the mobile telephony market in Europe (where GSM was a mandated standard) versus the mobile telephony market in the US (where no standard was enforced).
  13. cooling-off period by eclectro · · Score: 1

    Would this mean that I could return the Britney Spear's download after she cut her hair?

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  14. no drm best, open drm better than nothing by Kristoph · · Score: 1

    I too wish for lossless, DRM free, music with the breadth of the iTunes store.

    However, in absence of that, I think a law, that essentially says that any digital product that is sold or otherwise licensed to a consumer (DRM or not) implicitly includes a license to the software required to play that media on the device of the consumers choice, would be the next best thing.

    Needless to say, the software, or at least the specification to create the software, would need to be made available to any company or individual wishing to create software or devices inter-operable with that media.

    ]{

    1. Re:no drm best, open drm better than nothing by Seumas · · Score: 2, Insightful

      That's not going to be enough as far as I'm concerned. Even if it were completely DRM free and open, it's still ten bucks an album. If I'm going to buy an album for ten bucks, I might as well just go get the physical CD and rip it myself.

      Also, what is the current cut that an artist gets currently? I bet it's not significantly greater than the point they get for physical media. Fucking the artist is still fucking the artist.

    2. Re:no drm best, open drm better than nothing by Anonymous Coward · · Score: 0

      But what is the point of open DRM??? If everyone can interoperate then there's no point in having it.

      Even with DRM based on a PGP like public/private key system the decoding key would have to be stored with the song or the device and wouldn't be all that private since everyone would know where to find it. Encryption doesn't do any good if the key is included with the message. It really seems like in order to work, DRM has to be a 'security by obsurity' scheme, which as we all know is ultimitely ineffective and totally incompatible with being open.

    3. Re:no drm best, open drm better than nothing by Kristoph · · Score: 1

      Actually, the problem you raise exists even today. I can use Hymn to strip protection from iTunes tracks and DeCSS to rip a protected DVD. The point is there is no _legal_ way to play music on another device which is the whole point the EU is trying to address.

      The idea here is not to circumvent DRM - that would still be illegal or otherwise restricted - but to permit any device/any OS/any app to play the music you legally own.

      The advantage of this is it permits the market to decide what DRM is best and most consumer accepted - which may mean no DRM or some supper consumer friendly DRM - without limiting consumer choice or forcing individuals or companies to use government mandated technology.

      ]{

    4. Re:no drm best, open drm better than nothing by Sam+Ritchie · · Score: 1

      I might as well just go get the physical CD and rip it myself.

      Personally, I find the theoretical lower quality (unnoticeable on my crappy sound system) of a ten-second download to be a valid trade-off for the convenience of saving the half an hour going to the record store & back, followed by five minutes ripping the CD onto my computer in a similar lossy format & finding somewhere to store it. Not to mention I don't have to buy the filler tracks if I don't want them, and that iTunes has a vastly better range than my local store. But hey, if you've got time to go buy shiny discs, good on you.

      --
      This sig is false.
    5. Re:no drm best, open drm better than nothing by dazk · · Score: 1

      The price is not the point. You are not forced to buy the album online for ten bucks. Price is a normal mechanism here. You can decide wether you accept the terms and the price for the convienience to have your music nearly instantaniously or not.

    6. Re:no drm best, open drm better than nothing by Yetihehe · · Score: 1

      http://www.emusic.com/ for gods sake. Almost not lossy (high bitrate+vbr) and no DRM is still better than lossless with DRM.

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
    7. Re:no drm best, open drm better than nothing by Setti45 · · Score: 1

      I doubt it could ever be that easy. Wording it too loose could mean I should have some kind of expectation that my copy of MS Office should be licensed to run on a linux box.

  15. Zune by simpl3x · · Score: 1

    And, how about ZuneTunesTM songs playing on a Fairplay or any MP3 player? I assume this is included in the legislation. Perhaps crafting speeches which attack the problem rather than a vendor is a lost art.

    1. Re:Zune by Technician · · Score: 1

      And, how about ZuneTunesTM songs playing on a Fairplay or any MP3 player?

      Who cares about the ZuneTunes TM songs. Have you seen the number of hoops to get to the store? Have you seen the layers on the onion to buy a tune? Did you notice that the songs do not take dollars to buy but require a new currancy called Zune Points to buy a tune? The Zune store is so obscure up a dead end alley that nobody is bothering.

      Anybody seen any big announcements that they have sold their first million tracks? Me neither.

      --
      The truth shall set you free!
  16. You appear to have replied to the wrong comment? by Whiney+Mac+Fanboy · · Score: 1, Troll

    Or perhaps this is a pre-canned comment you keep ready to drop on someone who says something anti-ITMS?

    Anyway, I'll reply to the bit that did seem to intersect my comment:

    Summary: it is nowhere near as technically, legally, and procedurally as simple as people seem to think it is, and the fact Apple isn't doing it now doesn't mean Jobs' DRM statement was just PR fluff that they floated out because they "knew" they'd "never have to do it":

    Artists have been asking for DRM free ITMS music for months. If Jobs was as concerned about DRM being imposed on him as his little blog makes out, don't you think Apple should lead by example and become the first label (let's face it, that's what they are now) to offer DRM free tunes.

    Even an announcement stating they're going to offer DRM-free tunes as soon as technically feasible would be enough for me.

    Without that, Jobs' calling on the rest of the music industry to drop DRM when he appears unwilling to drop it himself smacks of hypocrisy.

    Apple talking the talk, not walking the walk again.

    (PS, what did you think of my diary?).

    --
    There are shills on slashdot. Apparently, I'm one of them.
  17. As long as Korea is in Europe... by Anonymous Coward · · Score: 0

    http://www.lge.com/about/corporate/company_history .jsp
    http://www.lge.com/about/corporate/company_overvie w.jsp

    Corporate Name LG Electronics Inc.
    Established October 1, 1958 (As a private Company)
    Corporate Office LG Twin Towers
    20, Yeouido-dong, Youngdungpo-gu, Seoul, Korea 150-721
    Tel: 82-2-3777-1114
    URL: http://www.lge.com/

  18. WRONG! by Whiney+Mac+Fanboy · · Score: 4, Informative

    EU based companies *cough* Philips *cough* LG *cough*

    LG is not European [You've made some Korean's very happy thinking so tho']

    Why just fight against DRM for iTunes, and not DRM for everything? If the EU commisioner was really fighting for consumer rights here, it should be all DRM'ed anything, music, movies, electronic books

    They are looking at DRM on all music - its just Apple's the biggest DRM dealer/pusher around at the moment.

    --
    There are shills on slashdot. Apparently, I'm one of them.
    1. Re:WRONG! by ucblockhead · · Score: 1
      Yes...and there are two competitive DRM schemes at the moment. There's Apple's closed DRM and Windows Media, which is available to anyone for licensing.


      The music companies like WMA because it means that there are lots of competing online stores, which means that they retain control, rather than one big online store that has the clout to force things on them. And then there is, of course, Microsoft, who'd love to see WMA a "standard" that they collect royalties on.


      It is a huge mistake to thing that the EU is attacking DRM in general. This couldn't be further from the truth. They're really just proxies for the music industry.

      --
      The cake is a pie
  19. why? by artifex2004 · · Score: 1

    Nobody is forcing people to buy music from iTunes.
    In fact, there's a lot of music you can't get on iTunes, and must buy elsewhere.
    iPods play MP3s great, too.
    People are buying there by choice.

    1. Re:why? by zenkonami · · Score: 1

      Agreed. I think Apple staked out the middle ground. You still have legal ways to change your content format. Record companies are happy. Apple is happily selling hardware. And apparently, as the leading digital music store in the world, the overall consumer seems fine with it, too.

      --

      Do You Experiment?
    2. Re:why? by Jugalator · · Score: 1

      Nobody is forcing people to buy music from iTunes.

      No, but that still doesn't stop it from being able to be treated as unfair business practices. Just because no one is forced to buy from their store, doesn't mean the store itself can make their business however they want, in this case by trying to lock out competitors in the hardware market. Apple's case is especially transparent because the same company is behind the software as the hardware.

      --
      Beware: In C++, your friends can see your privates!
    3. Re:why? by Anonymous Coward · · Score: 0

      exactly right. people here want to treat all business as government controlled entities, whose actions are based on voters. If you don't like the iTunes store you have a lot of alternatives

      1) make your own damn music download store. if you can be sucessfull, great for you and the economy. You've served the market better. Don't wait for the govenrment to
      do something so you can sit on your ass and complain that "someone else" isn't doing something for you.

      2) stop buying from iTunes. get your music from CD's or other sources.

      What a bunch of lazy whiners, sitting on your asses waiting for someone else (e.g government) to do something so you don't have to get off your ass.

  20. The real reason Apple opposes DRM by ddoctor · · Score: 1

    Christ! Isn't it obvious?

    Consumers hate DRM as it removes freedom, but big business likes it because it locks in customers, and gives them a lesser product for the same price, prevents piracy etc.

    Now, why does the music business want to prevent piracy? So they can guarantee sales.

    Apple has such a big chunk of the online music industry that <i>they'll get sales regardless of whether they have DRM or not</i>. So, if the customer will be happier without DRM, it makes sense for Apple to be against DRM... happier customers + guaranteed sales.

    Still... put your money where your fucking mouth is, Jobs. You've got enough weight to pressure the record companies out of the stone age.

    The big music execs may have big chunks of their markets, but there isn't a single one that has the % market share that Apple has, in their respective businesses. They have more to protect... and they're just greedy fucks used to getting bucketloads of free money. They like putting up big brick walls, and suing their customers. Apple is far from non-evil, but they're a bit more 'with the times', so they're willing to see some sense in actually giving the customer what they want.

    The real issue with music piracy is value-for-money. Once they can compete with piracy in the value-for-money stakes, they may start to win this. It's about society's percieved value of goods and services... it really shows how out of sync $30/cd is with what the general public perceives the value of it. You could blame piracy for this, yes. You can similarly blame price fixing.

    1. Re:The real reason Apple opposes DRM by Technician · · Score: 1

      Now, why does the music business want to prevent piracy? So they can guarantee sales.

      That's funny. It is their measures to prevent piracy which is keeping me from buying music. DRM CD's, and incompatible audio tracks are showstoppers for me. Next in line is low quality and high prices. They need to improve in all 3 areas to regain me in their sales figures.

      1 Compatibility
      2 Quality
      3 Price

      They have a long way to go.

      --
      The truth shall set you free!
  21. Re:You appear to have replied to the wrong comment by daveschroeder · · Score: 2, Insightful

    You appear to have replied to the wrong comment?

    Um, no?

    Or perhaps this is a pre-canned comment you keep ready to drop on someone who says something anti-ITMS?

    Or perhaps I specifically and directly said it was a response to a previous similar statement, and even linked to that very response in my post, since it was directly on-topic and there was no reason to retype it all?

    Anyway, I'll reply to the bit that did seem to intersect my comment

    Actually, the entire response is on-topic, because it speaks to why Apple isn't necessarily already doing no-DRM for the comparatively very small number of artists with legal standing to request this.

    Artists have been asking for DRM free ITMS music for months. If Jobs was as concerned about DRM being imposed on him as his little blog makes out, don't you think Apple should lead by example and become the first label (let's face it, that's what they are now) to offer DRM free tunes.

    I spoke to that too in my response. And for what it's worth, I agree, if only to quiet all the people who think Jobs' statement isn't genuine, and/or stupidly believes that Jobs' statement isn't the gentleman's equivalent, in the corporate media and business world, of Jobs walking into a boardroom with both middle fingers raised high.

    Further, Apple may NEVER do this until it can be 100% across the board, like it or not, and we also don't know if one or more of the other major label contracts mandates that all music sold via the same store/mechanisms share the same controls. Even if the latter isn't the case, the former is still by far a legitimate enough reason for Jobs to not want to do it (e.g., why do some tracks I bought play on my Zune and others won't?). I know that a lot of people don't buy that argument, but frankly, it's perfectly legitimate.

  22. Re:Reasonable? by Atlantis-Rising · · Score: 3, Funny

    The good of humanity? HE INVENTED THE ONE BUTTON MOUSE, for heaven's sake! I'd rather have a dozen, a hundred bureaucrats than that evil demonic tool!

    --
    "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
  23. maybe returning songs isn't so rediculous by pizzach · · Score: 1

    With CDs you can make a copy. So once the package is opened, it's understandable not being able to return it. But with DRMed music files, your right to view the file is taken away with returning the file. You can't make copies. Music, unlike movies, tends to be played over and over which makes the whole returning thing work.

    I am in no way encouraging DRM.

    --
    Once you start despising the jerks, you become one.
  24. It's peoples' own money by r_jensen11 · · Score: 1

    Now, I'm more liberal than the majority of the population here in the United States, and I'd guess I'm probably more in the line of France and western Germany, but honestly, let the people choose what they want to buy. If they want to buy something that's less than 1/10th the quality of a CD, let them. They're basically over-paying for each song by around 100% anyway, since for the argument's sake, an average CD will consist of 10 songs, and the bitrate of the files they are downloading are less than 10% of a CD's bitrate. So, they're paying $1 for $0.1 worth of music. I'd say that's the biggest rip-off. The only thing I can see anyone slamming Apple for would be if they marketed any form of lossy media (And yes, an m4a or aac file encoded at 320kb/s is still lossy) as "CD-Quality" or something along those lines, then they could be in trouble for false-advertising.

    1. Re:It's peoples' own money by sockerbit · · Score: 1

      or they could use something other than iTunes! go to another company. or steal it. or buy the cd. there are so many more options. the government needs to stay out of the business

    2. Re:It's peoples' own money by Guuge · · Score: 4, Insightful

      This isn't about preventing people from buying music from Apple's store. It's about Apple preventing competitors from developing better players for that music. Does Apple own a patent on music? Why should Apple be able to dictate how its customers use that music after they've purchased it? It's a classic example of a company using their dominance of one market to control another. Think about how you'd feel if Microsoft decided that the only browsers you're allowed to use in Windows are browsers developed by Microsoft. In this case, Apple decided that the only music players you're allowed to use for iTunes music are those developed by Apple.

    3. Re:It's peoples' own money by Anonymous Coward · · Score: 0

      The difference here being that Microsoft has been proven to be an abusive monopoly, Apple has not.

      Apple doesn't own the patent on music but they do hold the patent for the DRM system that they sell with their music. You are free to buy their DRM or not, as there are plentiful other way to buy music. This is not the case with Microsoft's operating system. They control over 90% of that market and for most people there isn't a realistic alternative to buying a Microsoft OS.

      It comes down to choice. You have a choice with Apple DRM. You can buy it, in which case you agree to be bound by the restrictions you bought the music with, or you can buy it in a non-restricted format. Both are easily available. If you decide to be bound by DRM restrictions then you should stop complaining about a choice that you freely made.

    4. Re:It's peoples' own money by dazk · · Score: 1

      Spending the money is not the problem. It's the lock in. If you spent a significant amount of money in iTS, your next player will most certainly be another iPod because everything else would be a lot of work or loss of the music.

      Same goes with WMA. There it's not the player but the operating system.

    5. Re:It's peoples' own money by dazk · · Score: 1

      Microsoft is doing something very similar. The passport to all music stores using WMA with DRM is Microsoft Windows. In the long run, they are not only forcing you to use a limited set of players but they are also forcing you to stick with their operating systems.

    6. Re:It's peoples' own money by Anonymous Coward · · Score: 0

      This would only make sense if you had no way of moving iTunes songs to other formats. As it stands, it's a trivial operation to burn a CD (from within iTunes no less) then re-import that CD into your MP3 ripper of choice. Versus the other proprietary technologies out there, iTunes is one of the most open.

      Now say that you buy a piece of software. It only works under Microsoft Windows. The EU then fines Microsoft for not making the source code available so that the software can play on Linux and MacOSX. What can Microsoft do? Apple cannot dictate the provisions of the licensing to the record companies. The EU should go after the music companies, not Apple.

      (I admit that using Microsoft as the wronged party is somewhat bizarre, but it's the best fit).

      KLL

    7. Re:It's peoples' own money by Anonymous Coward · · Score: 0

      "Think about how you'd feel if Microsoft decided that the only browsers you're allowed to use in Windows are browsers developed by Microsoft."

      Well, Microsoft bought IE, it didn't develop it, so Windows users would have to live without any browser at all.

      Seeing as in this day and age internet access is a must, it seems like Windows is not ready for the desktop.

    8. Re:It's peoples' own money by kmweber · · Score: 0

      Why should Apple be able to dictate how its customers use that music after they've purchased it?

      Because those customers agreed to those terms as one of the conditions of the sale! It's a simple question of freedom of contract.

      Think about how you'd feel if Microsoft decided that the only browsers you're allowed to use in Windows are browsers developed by Microsoft.

      How I or anyone else would feel is irrelevant. It's Microsoft's product, to attach whatever terms it wishes to as a condition of sale. If you don't like them, don't buy the product.
      --
      "Other than that, Mrs. Lincoln, how was the play?"
    9. Re:It's peoples' own money by AK+Marc · · Score: 1

      How I or anyone else would feel is irrelevant. It's Microsoft's product, to attach whatever terms it wishes to as a condition of sale. If you don't like them, don't buy the product.

      That works in a free market. However, there exists no free market. The rules of a free market are touted by people such as yourself for non-free market issues. In a free market (one with zero governmental control) copyrights wouldn't exist. With no copyrights, then the issue wouldn't exist. It is the strict monopoly, created by the government and enforced by the government, that breaks the free market. Your platitudes are best reserved for actual free market conditions, not monopolistic abuses.

      They have a desireable product. The government enforces the rules that prevent anyone else from providing the product. Thus any such conditions are, by definition, abuse of their monopoly.

  25. Go after game systems next by Anonymous Coward · · Score: 0

    After she's done with this, I want games for the PS2, PS3, Xbox, Xbox360 and Wii to all work on each other's systems. It's not fair that God of War 2 is only compatible on two of those systems! Stop Sony! Intercompatibility is where it's at! It's not fair I can only play it on Sony's systems!

    1. Re:Go after game systems next by Runefox · · Score: 1

      While this is an obvious troll, someone out there might mod you insightful.

      Digital audio can be played on virtually anything with a CPU and a speaker/line-out, without much difference in processing requirements, and most media players (iPod included) have a processor powerful enough to decode practically any format (see Rockbox).

      Games have massive requirements, and each game is created specifically for a certain system. iTunes is not creating music specifically for the iPod; iTunes is simply encoding it with the software equivalent to a lock-out, similar to region-specific encodings in DVDs and certain video games.

      --
      Screw the rules, I have green hair!
  26. Re:You appear to have replied to the wrong comment by Whiney+Mac+Fanboy · · Score: 2, Informative

    for the comparatively very small number of artists with legal standing to request this.

    It doesn't really matter how many artists if you want to lead by example.

    (e.g., why do some tracks I bought play on my Zune and others won't?). I know that a lot of people don't buy that argument, but frankly, it's perfectly legitimate.

    This argument would be legitimate, but sorry. Apple haven't minded confusing ITMS customers in the past.

    --
    There are shills on slashdot. Apparently, I'm one of them.
  27. amarok 2.0 by EEPROMS · · Score: 1

    keep an eye on amarok ver 2.0 they are adding support for alternate online music sellers.Unlike iTunes Amarok works with just about every mp3 player out there and offers a far better environment than itunes for managing your music.

    1. Re:amarok 2.0 by Runefox · · Score: 1

      Unfortunately, Amarok, AFAIK, won't run on anything but Linux, or at least, not officially.

      --
      Screw the rules, I have green hair!
    2. Re:amarok 2.0 by petabyte · · Score: 1

      But Amarok 2.0 (KDE 4/QT 4) will run on things other than Linux (Oh and as a BSD user, I have to say *neener neener* to your only running on Linux part anyway). :)

      Amarok 2.0 is a long way from its release day however.

  28. iTunes lock-in is a red herring by mveloso · · Score: 1

    Music bought from iTunes can only be used on iTunes compatible hardware.

    How different is this from Pay-Per-View or premium movie channels? How different is FairPlay from, say, Macrovision?

    With PPV, you bought the movie. But that doesn't mean you can watch it forever. In fact, due to Macrovision, you may not be able to record it at all (assuming your VHS, DVR, or recording device honors Macrovision).

    Whether this is right or wrong is irrelevant. The principle exists. You can only watch your PPV movie on a device with the PPV hardware. Just because that PPV hardware is from different vendors doesn't matter - the spec is controlled by PPV (and the STB client is most likely written by PPV).

    This DRM lock-in stuff is silly; DRM type lock-ins have been around forever in one form or another. "Why doesn't this damn CD fit in my 8-track player?"

    1. Re:iTunes lock-in is a red herring by Technician · · Score: 4, Insightful

      How different is FairPlay from, say, Macrovision?


      With Macrovision, when I sell or give you my DVD, it will play in your player. It will play in anybody's player in the same region.

      What happens when you mail me your iTunes track?

      --
      The truth shall set you free!
    2. Re:iTunes lock-in is a red herring by Guuge · · Score: 1

      "Why doesn't this damn CD fit in my 8-track player?"

      What are you talking about? Manufacturers of 8-track players are not prevented from producing CD players. There's nothing even approaching lock-in in that scenario. It's obvious that you can't toast your bread with a corkscrew. But why wouldn't you be able to toast it with a toaster made by another company?

    3. Re:iTunes lock-in is a red herring by xtracto · · Score: 1

      There is a point nobody has touched and I think is very important as well:
      it is also looking at mandating cooling-off periods during which customers could 'return' downloaded music."

      I would love to see that come true. The digital distribution of music is in its current state unfair, apart from the fair use thing everybody in slashdot argues, after you download a copy of whatever music you download, you in fact have *nothing* more. So, at the end you are paying for nothing. Well, you are just paying for a series of electricity pulses being sent to you in specific order so you computer might write a copy of them in your hard disk but nevertheless, after you pay those $1.51945 USD (79 pence) for each song you have lost them.

      If you like the song, good for you, if you did not like it, bad for you. If the file was somehow broken, bad for you, and, if you get tired of listening that Spears is innocent then the better thing you can do is delete the file...

      Whereas with a non digital distribution (CD, cassete, vinyl, etc) you can *resell* the CD to anyone once you get it because you are in fact buying *something* for the same price (and sometimes for less if you buy it say at play.com ).

      Of course the same thing happens with software... why have we tolerated this?

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
  29. Console games lockedto consoles, WMP windows only by aristotle-dude · · Score: 1, Offtopic

    Where has this guy been? Xbox games only play on Xboxes and PS2 games only play on PS2/PS3. Windows media player, WMA/WMV and playsforsure is windows only. The last time I checked, not all iPod owners buy from iTMS and not all people buying from iTMS have an iPod. Need I mention that iTunes is not locked into OS X?

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  30. She's already back pedalling... by thestudio_bob · · Score: 1
    --
    The real Sig captains the Northwestern. This one captains /.
  31. Lock-in? by nrozema · · Score: 1
    Seems like Apple's iTunes store is simply selling digital media to be used in their digital media player.


    Perhaps we also need to condemn Sony because PS3 media doesn't work in a Wii.

    1. Re:Lock-in? by Anonymous Coward · · Score: 0

      No, there's a notable difference. Converting a console game to play another console is time consuming and requires a bit of knowledge to do, that doesn't mean it doesn't happen (it happens quite a lot). There are plenty of tools on the other hand to convert audio files and movies to play on other players easily that any idiot can do. Preventing people from using these tools to convert these files to play on other devices is the problem.

      A better example is a carpenter preventing me from using my tools to modify my shelf by using special screws that only the carpenter has tools for and instead wants to shake me for money for even attempting to modify my shelf.

  32. Or if read backward... by bidule · · Score: 1, Insightful

    '"Do you find it reasonable that a CD will only play in a CD player, but an iTunes song will play on all iPods?"

    I'd love to be able to trade in my tapes for CDs. Or play Wii games on a PS3, or 360 games on a Windows box or even under Mac/Linux. Can I have a pony now?

    --
    ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    1. Re:Or if read backward... by Technician · · Score: 1

      but an iTunes song will play on all iPods?"

      This is news to me. Tell me more! Better yet, I'll buy a track from you. Send it to me. Be sure to include a warranty when it doesn't play on my iPod.

      A single copy of a CD will play in any CD player.
      A single copy of an iTunes song will not play in any iPod.

      If you don't believe me, I'll send you an iTunes song to enjoy.

      --
      The truth shall set you free!
    2. Re:Or if read backward... by YenTheFirst · · Score: 0

      A single copy of an iTunes song will not play in any iPod. yes, it will. I have on my iPod, right now, ITMS-purchased songs from my friends computer. they play on my iPod. if I hook it up to a PC, it won't play (it asks for my friend's login.) I couldn't find the actual EULA anywhere, but here's wikipedia instead.

      * Users can make a maximum of seven CD copies of any particular playlist containing songs purchased from the iTunes store. * Users can access their purchased songs on a maximum of five computers. There are no restrictions on number of iPods to which a purchased song can be transferred nor the number of times any individual song can be burned to CD. so, yes, a single copy of a [non-DRM'd] CD will play in any [normal] CD player. any single copy of Apples iTunes Music store songs will play on any Apple iPod MP3 player.
      --
      It's not stupid. It's Advanced.
    3. Re:Or if read backward... by Technician · · Score: 1

      so, yes, a single copy of a [non-DRM'd] CD will play in any [normal] CD player. any single copy of Apples iTunes Music store songs will play on any Apple iPod MP3 player.

      If I mail you a DVD or VHS tape, you can play it. If I mail you an iTunes song, I doubt you can play it.

      The song won't play without a secure transfer of the keys. When you are done with a CD or DVD, you can pass it on to someone else. Take the iTunes song from your friends computer and send it to another friend. See anything not the same?

      I do understand that an (any) iPod will dock to an authorised computer and load the song and key and play it. I also understand to give the song to someone else, you have to send them your computer or your account so when they are done with the song and want to pass it on, they then have to send the authorised computer or account along with it.

      With 10 DVDs or CDs, I can send them to 10 friends. Try that with 10 used iTunes songs without haveing them come to connect to one of your auth'ed computers. Make sure the songs they get can be passed along when they are done just like a DVD or CD. I am not saying a copy.. I am saying an original. Burning a song to a Music CD doesn't count. Use the original purchased tune only with no alterations or re-encoding.

      --
      The truth shall set you free!
  33. It's consumers headache, not Apple's by Karri2 · · Score: 1

    Well if the consumer is too retarded to change the iTunes default ripping format from AAC to MP3 (which works on every imaginable player), then it's the consumer's problem, Apple isn't restricting anything here.

  34. Re:You appear to have replied to the wrong comment by rtb61 · · Score: 2, Insightful
    I dare say that non-DRM music has a significant competitive advantage over DRM music and as copies of non-DRM music spread so would the popularity of the non-DRM music creators. So obviously the DRM music producers will not like non-DRM music competing with them at the same location, hence would be likely to put an enormous amount of pressure on distributors to ensure that it does not happen.

    Think of it from the 'artist's' point of view as a a pro DRM type, you are more likely to be seen a greedy, ass hat, weasel of a freak and about as far from cool as you possibly can be, whilst you know that your non-DRM competitor will be seen as really cool, some one who is actually into the music and not in it just for the money and cares about the fans buying the music. Can you see the problem now?

    --
    Chaos - everything, everywhere, everywhen
  35. yes! thank you! by johnpaul191 · · Score: 1

    i wondered why nobody ever brings that up? you could not trade in 8-tracks for cassettes, then for vinyl then for CDs..... same way you could not trade in VHS, Betamax or LaserDisc for DVD, or DVDs for BluRay/HDDVDs. i'm no fan of DRM, but how is the iTMS/iPod any different from that? no wonder the labels love locking people to an iPod or Zune or whatever else. if there was no DRM you would NEVER have to buy those songs or movies again.

    i don't understand how Apple or Microsoft or Napster or anyone can be blamed for the DRM that the big labels demand. the EU and everyone else should go after the labels that require it. if Apple deactivated their DRM tomorrow, they would breach their contract with the big labels, and whenever this time period of licensing is over, the labels would pull everything from iTMS.

  36. crap by pbjones · · Score: 1

    just as I can't use a CD on my record player o MP3 player, Apple's files are just a transport medium. You CAN buy this music from other places, go and do it. I can't buy music from my local ISP because they use Windows DRM, this is going to be a double edged sword which should also stop DRM on DVDs etc, Why not remove ALL DRM??

    --
    There was an unknown error in the submission.
  37. CDs have no DRM by fluch · · Score: 1

    Meglena Kuneva: "Do you find it reasonable that a CD will play in all CD players, but an iTunes song will only play on an iPod?"

    So basically she demands DRM free music. Isn't that the reason why CDs (those ones which have the official CD logo from Philips) play on all CD players? :-)

  38. Don't underestimate the music industry. by Kadin2048 · · Score: 3, Interesting

    Neither I nor anyone else outside of the highest echelons at Apple can say for sure, but I suspect that Apple has agreements in place with the major labels to the effect that all music sold through the iTMS will have the same DRM, regardless of where it comes from.

    I suspect this, because if I was a DRM-loving music label, sitting on top of a whole lot of content that Apple really wanted, it's one of the conditions that I would insist on as an absolute.

    If this condition didn't exist, then as you and others have pointed out, Apple could start selling some artists' works without DRM, and there's a chance that the market might favor them, because -- let's face it -- to a consumer, DRM sucks. The record labels aren't (completely) stupid; someone there, maybe an intern, junior staffer, or coffee-boy sat down at someone's unlocked computer and typed it into a memo once: "given a choice, people will probably choose the digital format that sucks least." Since they have decided that it is their purpose on Earth to deliver to consumers music in formats that Really Suck, and they also like making money, it follows that they'll do anything in their power to keep other people from releasing music in a less-sucky format. And at least back a few years ago when Apple and the labels were negotiating to get the iTMS started, they had more then enough clout to push such a codicil through.

    In short: to a music executive, DRM must be universal. No music must be allowed to escape without it, because once people get a whiff of that sweet, sweet DRM-freeness, they're never going to want to come back. For that reason, it must be nipped in the bud, snuffed out before those independent-label hippies can use it to their advantage.

    I doubt we'll see any DRM-free music in the iTMS catalog at least until the next big renegotiation between Apple and the labels, and even then, I'm not sure that Apple is really in a position to be dictating terms with them too severely. Apple has other concessions that they need to get first, chief among them is a renewed agreement to stay with the flat-rate pricing model of $1 a track, and not go to some variable-pricing model as the labels would prefer.

    It's easy to paint the labels as a bunch of bumbling buffoons, who don't have the slightest concept of the modern digital economy, but I think this is a dangerous underestimation. They're nothing if not cunning, and moreover they have a lot of money with which to hire any number of smart, mercenary types (e.g. lawyers, consultants, etc.) to assist them in their paranoid delusions: it's inconceivable that the possibility of an upstart rival using a lack of DRM to try and compete didn't occur to them, and that once realized, they wouldn't have taken steps to minimize this possibility.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Don't underestimate the music industry. by Whiney+Mac+Fanboy · · Score: 2, Insightful

      Neither I nor anyone else outside of the highest echelons at Apple can say for sure,

      Agreed completely. Nice to see someone who admits instead of just spouting their (or pundits') opinions. (I include myself in that).

      but I suspect that Apple has agreements in place with the major labels to the effect that all music sold through the iTMS will have the same DRM, regardless of where it comes from.

      Again agreed (along with the rest of your comment for the most part).

      BUT, if that is the case, Apple has to say something.

      They can't let the situation stay like this - with Jobs accusing the 'labels' of not allowing DRM free music, while acting as a label mandating DRM themselves.

      --
      There are shills on slashdot. Apparently, I'm one of them.
    2. Re:Don't underestimate the music industry. by TheRaven64 · · Score: 1
      It depends on the wording of the agreement. If it refers to music sold through iTunes, then there is a potential loophole that does not exist if it refers to music sold through the iTunes store. In the former case, it would be possible for Apple to allow a group of independent labels to create an 'iTunes Indie Store,' and include a means of accessing it via the next iTunes update. The indie store would be completely separate from the main store, would not be owned by Apple (at least on paper, although the labels would probably sub-contract Apple to run all of the server-side operations), and would pay Apple a cut for every song sold.

      I'm not saying they will, or even that they should, but it might be that they could.

      --
      I am TheRaven on Soylent News
    3. Re:Don't underestimate the music industry. by gnasher719 · · Score: 1

      '' Neither I nor anyone else outside of the highest echelons at Apple can say for sure, but I suspect that Apple has agreements in place with the major labels to the effect that all music sold through the iTMS will have the same DRM, regardless of where it comes from. '' I don't think it is exactly what happened. I think Apple has a contract with big label #1 to sell _their_ music with DRM, with whatever other stuff you would want to put into such a contract. And it has an identical contract with big label #2, big label #3 and #4. And Apple offers any label, no matter how tiny, to sell their music, and the contract offered is exactly the same one that the big labels signed. That saves cost in lawyers, and gives the small label some confidence that they don't get ripped off. So if a tiny label said "I know you pay the big guys 70cent per song, but I'm happy with 50 cent", then Apple won't change the contract. And if a tiny label says "you don't have to put DRM onto our songs", then Apple still won't change the contract.

    4. Re:Don't underestimate the music industry. by hobo+sapiens · · Score: 1

      I'm not sure that Apple is really in a position to be dictating terms with them too severely.
      Apple is in the catbird's seat, so to speak. Here's why: if you want your music to play on an iPod (and the labels do), you either sell DRM free music (like emusic.com) or you sell it via iTunes. Them's the choices, like it or lump it. If Apple wanted to engage in arm twisting with the labels, I think they might come out on top. It could have been different had the Zune not been a colossal failure, but nobody can compete with the iPod for the foreseeable future.
      --
      blah blah blah
    5. Re:Don't underestimate the music industry. by SeattleGameboy · · Score: 2, Informative

      ... but I suspect that Apple has agreements in place with the major labels to the effect that all music sold through the iTMS will have the same DRM, regardless of where it comes from.

      I suspect this, because if I was a DRM-loving music label, sitting on top of a whole lot of content that Apple really wanted, it's one of the conditions that I would insist on as an absolute Well, I HAVE worked at an on-line music distribution company (Not Apple, but a pretty significant one) and I can tell you that no such restriction exists. Labels will approve/disapprove a particular DRM solution, but they do not have the authority to tell you you must use the same DRM for everyone else (because everyone else want their own control).

      Usually what happens is that there are one or two labels who are REALLY strict (say, Universal) and for the sake of simplicity everyone else gets the same treatment. It is really done for the benefit of the distribution company than the labels (one consistent process is ALWAYS better/simpler than multiples).

      There are plenty of small independents who don't care about DRM, but their catalog is so small (both in number and popularity) that it is not practical to design something just for them.

      So if you are looking to blame someone, the blame here lies with Apple, not the labels.
  39. thief and a traitor by Anonymous Coward · · Score: 0

    From your nickname, I wonder if you're a bin laden sleeper too...

    If you hadn't talked about iTunes, I would have thought you run Linux...

    1. Re:thief and a traitor by NeverVotedBush · · Score: 1

      A thief and a traitor? You aren't taking your medication, are you?

      I do run Linux. I also run OSX and Windows. I also have an MP3 player - that is not an iPod. It doesn't play the native iTunes format. So I buy single songs on my Mac, burn them to CD, and then rip them so I can play them on my MP3 player.

      Oh God! That makes me a thief and a traitor? Get a life.

    2. Re:thief and a traitor by woadlined · · Score: 1

      Excuse me, half-wit...

      One does not need to have voted for Bush to be a Patriot. If that truly is your conception of Patriotism, then you are a real hindrance to your fellow Americans at very least...

  40. Jobs has less leverage now by Infonaut · · Score: 1

    Still... put your money where your fucking mouth is, Jobs. You've got enough weight to pressure the record companies out of the stone age.

    Jobs had a very difficult time even getting the iTunes store off the ground. Since then the labels have pushed back very hard. They've tried to institute differential pricing, which would allow them to charge more for popular songs and *cough* less for unpopular songs. They've kept their margins quite high on iTunes sales. They've thrown considerable money behind a host of iTunes competitors in hopes of wresting control from Apple, and now they are pretending that Apple has foisted DRM on them.

    The inmates are definitely running the asylum that is the music industry. They feel Jobs has too much power. They still can't come up with viable business models on their own. They come at every problem from the perspective that their customers are their enemy, and that the one company that has made the authorized download market viable is also their enemy.

    --
    Read the EFF's Fair Use FAQ
  41. One question by franksands · · Score: 1

    Within the DRM formats, Apple's is the most lenient and the that givess the less trouble to the user. If this take on DRM is serious, why don't they attack the draconian DRM formats like MS and EMI? Ok, ok just create a story with "Apple" and you will get a headline, but other than that, why don't they attack the companies that create the worst DRM formats?

  42. Price discrimination in the digital age. by Kadin2048 · · Score: 3, Insightful

    if a label feels that it needs to sell something in Fooistan for US3 that sells for US$18 in the United States, because that's what the market bears and that's how they've chosen to price it - which is their right - without some of the controls of DRM, how can the $3 version be restricted to Fooistan?

    Your conclusions are all right -- that such a scheme is impossible -- but I disagree with your premises, namely that doing such is a "right."

    You have the "right" to try and sell your wares at whatever price you wish, but others have a right to not buy it, and buy it from somebody else if they prefer.

    In general, you are a fool, if you try and sell a good in one place, at a price that's higher than what you sell it at in another place, plus the cost of transporting it from the latter place to the former. So, for example, if you sell records in Fooistan for $3, and it costs $1 to send a record from Fooistan to Baristan, then you will probably never be able to get much more than $4 for records in Baristan, because if you attempt to charge more, consumers will just end-run you, and have stuff shipped in from Fooistan, where it's cheaper. This is their right, and the sellers' right, under many historically-established doctrines, such as First Sale. (Which sadly no longer seems to exist in Great Britain, but that's a story for another day.)

    The fact that people in Baristan might pay a whole lot more than $4 for your record, if they existed in a complete vacuum (i.e. where the cost of transportation from Fooistan was infinite), is totally irrelevant. You have no 'right' to that price, because it's provably not what the real-world market will bear when it's connected to other markets. It might as well be ignored, because it doesn't matter.

    What computers do to information (among many other things) is make the cost of transporting it from one place to another, very, very low. So it ought to be basically impossible to sell a digital commodity in one place for a different price than you sell it in another, because people will just ship the files (at negligible cost) around your carefully-designed price-discriminatory barriers. In effect, cheaper communication and transportation (with information, these are the same thing) link the markets into one market, where there is but a single prevailing price for any fungible good. This is pretty basic economics here.

    The sellers of some types of information, particularly entertainment, have attempted to defy this by erecting technical hurdles which prevent information from being easily transmitted from one place to another. In effect, they're making it harder to transport goods, thus allowing a greater difference in price to be created in different regions. With DVDs, this is done with region coding and locking. With iTunes songs, it's done with a flat prohibition on resale, enforced by per-user licensing. But like all DRM, these are inherently flawed and thus surmountable; the fact that they can be worked around means that you can only charge so much more for content in various areas, before it becomes worth the trouble to buy it from some other area and bypass the blocks.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Price discrimination in the digital age. by kmweber · · Score: 0

      Wrong.

      You do indeed have the right to offer whatever you want at whatever price you want. Depending on the particular combination of variables, a particular price offered might not be one at which a product will sell, but you have every right to do it PRECISELY BECAUSE everyone else has the right to refuse to buy it.

      --
      "Other than that, Mrs. Lincoln, how was the play?"
  43. Badly hidden lobbyism by dazk · · Score: 4, Interesting

    This critisism has nothing to do with consumer rights at all. If it had, she wouldn't point her finger at Apple but at DRM as a whole. All major DRM systems known to me lock the consumer in.

    WMA: Microsofts usual way of doing things. Use the market share of Windows to push forward the format. Many stores consider DRM and choose Microsofts because Windows is nearly everywhere and they will have an instant consumer base. While one can choose from a few players, I have yet to see a system that allows you to use it without Windows. So you have a choice with players but a large collection keeps you sticking with windows.

    Fair-Play: You can choose from two operating systems but you can only use Apples Players. You have a little more freedom choosing your computing platform but the devices are more limited.

    Of course Apple had to open itself towards Windows. Without it, they would not have the userbase that made them successful.

    In the end though, there is not much difference between the two. Why is it that she attacked Apple then? In Europe WMA has a significant market share and the domination of the iPod is far from as big as in other parts of the world. I believe she is as bought by the music industry as those in the EU implementing ever more drastic copyright regimes. Why? It's a known fact that the big 4 love and hate Apple at the same time. Getting Apple to open up their DRM would most probably reduce the power of the position they are in now. With Apple's market share, Jobs can actually resist the big 4 labels and not raise prices for certain tracks, somthing the majors want for quite some time. But less power for Apple doesn't mean less sales and revenues for the music industry.

    Therefore, if she was actually fighting for consumer rights, she'd attack DRM and with that the major 4, Apple and Microsoft at the same time. But nobody in the EU fights agains the powerful lobby of the music industry. They usually get what they want fairly easily. Attacking Apple however helps the music industry.

    I'm sure it's the same kind of **** we've been seeing for quite some time now -- badly concealed lobbyism and nothing more.

    1. Re:Badly hidden lobbyism by Anonymous Coward · · Score: 0

      In Europe WMA has a significant market share and the domination of the iPod is far from as big as in other parts of the world.
      This is news to me. Which source do you have this from. I have yet to meet one single person using WMA (and I'm talking about people in like 8-10 different European countries here). iTunes is by far the most common DRM supplier, and going after Apple first therefore has the potential to do the most impact. If Kuneva is following the lead of other European countries, she would tell you that going after Apple is simply the first step. Other DRM suppliers would have to follow suit.

      You might criticize her for not attacking DRM itself and going after the music industry, but as you say, the music industy is a powerful beast and attacking the DRM implementors is therefore more likely to succeed.

    2. Re:Badly hidden lobbyism by 99BottlesOfBeerInMyF · · Score: 1

      This is news to me. Which source do you have this from.

      I'm not the original poster, but I've read studies that indicated that windows media format is the most common DRM in use in both the US and Europe. For years the default player (WMP) in the only OS with any real market share (Windows) ripped all CDs to DRM'd Windows Media format and ripping form CD is still the most common way people acquire digital music on their computers. The market share of the iPod/iTunes/iTMS is pretty tiny in comparison.

      iTunes is by far the most common DRM supplier, and going after Apple first therefore has the potential to do the most impact.

      I wish I still had a link handy to provide statistics to the contrary, but perhaps you can provide evidence of your assertion? From everything I've read Music CD->Windows->WMP->Windows Media Format DRM is the largest supplier of DRM's music, followed by Hybrid Music Disc that looks like a CD-> Windows. Only after those two mechanism does DRM'd dowloads appear. Are you sure you're not neglecting DRM from CDs in your evaluation of DRM'd music? As far as I know iTunes is the largest single source of downloaded DRM'd music, but I don't see that it being downloaded or purchased in a store really makes any difference in the real problem.

      If Kuneva is following the lead of other European countries, she would tell you that going after Apple is simply the first step. Other DRM suppliers would have to follow suit.

      This seems like the most half-assed argument I've heard in a long time. Either you can be an idealist and work towards banning DRM to the benefit of all, or you can be strategic and try to help consumers by strategically attacking DRM purveyors. The problem is, Apple is not the largest supplier of DRM, Microsoft is. Also, Apple is leveraging a near monopoly on portable players, but MS is leveraging a well established monopoly on desktop operating systems and has already been convicted by the EU courts specifically with regard to their jukebox software. Strategically, taking down Apple would hand the entire music DRM market to Microsoft which would be a whole lot worse for consumers than the current state of affairs where Apple is "competing" with them and at least bringing some competitive advantages to said market and consumers. The idea of a strategic attack on Apple is seriously misguided as you either need to take out both MS and Apple at once, or you're just taking out the main force stopping a DRM monoculture with a single gatekeeper who has more money than god and a long history of abuse and political interference.

      ...attacking the DRM implementors is therefore more likely to succeed.

      I think that is a false assumption, if the goal is to help consumers in the first place.

  44. Read the Fine Print, or else. by Kadin2048 · · Score: 1

    I don't really see why that needs a 'cooling off period.' That seems like a pretty straightforward contract-law dispute: someone charging someone else based on terms of a contract which weren't adequately disclosed at the time an agreement was reached.

    If the user was presented with a contract and just didn't bother to read it before agreeing, then I've no pity for them whatsoever. Maybe losing a dollar/euro/pound or two will teach them to read the fine print, before they lose something important -- like their house to a shady mortgage. Consider it a life lesson.

    If, however, the cell-phone company did in fact charge the user without provably informing them of the charges they were about to incur, then they should unquestionably be in Deep Shit. (That's a legal term of art there.) IIRC, some telephone companies used to pull similar gimmicks a while back, called "slamming", where they would change your long-distance service provider without permission or consent. IIRC they got slammed with some pretty big fines and damages.

    There are laws in place which ought to deal with a whole host of problems that seem to be major crises today. Maybe we should encourage people to work within the (vast) framework of laws and precedent already established, before we go making up bunches of new laws which might have a lot of unforeseen effects?

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  45. Almost as wrong as the article on Norway by Lars+T. · · Score: 3, Informative

    "Kuneva's comment -- which the Commission stressed is purely her personal view"

    --

    Lars T.

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

  46. Re:Console games lockedto consoles, WMP windows on by FunWithKnives · · Score: 3, Interesting

    Wow, quite a bit of strawmen there. How, exactly, you can legitimately compare iTMS lock-in to console systems is beyond me. Programmers create games specifically for a particular console, unless they decide to make the game, at extra initial cost, multi-platform. Porting a game to multiple consoles and/or PC is sometimes difficult, definitely time consuming, and costly. How is that in any way analogous to creating music? Do artists and bands create music specifically designed to play on only one platform? Is it time consuming and costly to make their music multi-platform? Of course it isn't. Music was, from the very beginning, inherently easily reproduced, as well as being "multi-platform."

    It is not a question of people wanting to do more than they should be able to with their music. It is, in actuality, the exact opposite. It is a prehistoric music industry attempting to do more than they should be allowed to with the artists' music, because it realizes that it is dying. Apple's DRM is a result of this. Apple had no real choice in the matter. If they wanted to sell RIAA-endorsed music, they had to provide DRM of some sort. Yet Apple most certainly is benefitting from FairPlay. Whether you would like to admit it or not makes no difference. They have in effect cornered the music download market, and are in a position where they could, if they felt strongly enough, start making inroads toward the eventual death of DRM. Maybe we have actually witnessed the beginning of this with Steve Jobs' recent "Thoughts on Music" open letter, yet I remain unconvinced. It would be a trivial thing, as well as a great symbolic gesture, for iTMS to cut the DRM requirement for indie labels and unsigned artists, yet they have not. If it has anything to do with the contract that they signed with the RIAA, then that can be taken to court and quite easily be dealt with.

    Secondly, the fact that WMA and PlaysForSure are Windows-only is a red herring. PlaysForSure is at least licensed out. That has nothing to do with the issue, of course. PlaysForSure is also a form of DRM, and should be abolished along with FairPlay. I would imagine that the European Union feels the same way about both of the DRM implementations respectively. Attempting to apply bias before having given sufficient thought to something is defective. Judge the past along with the present. Consider relations between the EU and Microsoft over time, and then try to make an informed hypothesis as to how this situation will further unravel.

    Lastly, the fact that iTunes is not locked-in to OSX has absolutely nothing to do with the issue at hand. I do not understand why you even mentioned this unless it was yet another attempt to obfuscate the true concern. iTunes is available on both Macintosh and Windows-based computers for one simple reason: more customers equal more cash flow.

    I do not understand how the Slashbots can be so liberal, pro-choice, and pro-freedom when the issue suits their bias, and yet as soon as Apple is brought up, they turn into mindless, apologetic shills spouting inadequate excuses left and right.

    --
    "We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
  47. And yet again by houghi · · Score: 1

    it is Europe who actualy tries to do something about

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:And yet again by MemoryDragon · · Score: 1

      No worries, they will stop doing at as soon as someone dumps a load of cash onto the heads of the commission to stop it... same game as usual.

    2. Re:And yet again by Anonymous Coward · · Score: 0

      How so? There are plenty of anti-DRM battles more prevalent in the US than in the EU's corrupt commision of ex-communists who have been pushing for a more draconian copyright scheme that's for worse than the DMCA. If in France you mean, then I'd agree with you, lots of anti-DRM groups in France, but still not preventing a lot of draconian laws from passing as so in the US.

  48. No way, I prefer restrictive DRM by Anonymous Coward · · Score: 0

    If we had the fairest possible DRM, fewer people would complain. The resulting faction that wanted DRM done away with completely would have little pull in the market. On the other hand, we don't want it too much such that nobody buys music and the labels claim, "Hey, we tried... but people don't want to pay for downloaded music!"

    We seem to be at a pretty (un)happy medium right now.

  49. Re:You appear to have replied to the wrong comment by SenorCitizen · · Score: 1

    Further, Apple may NEVER do this until it can be 100% across the board, like it or not, and we also don't know if one or more of the other major label contracts mandates that all music sold via the same store/mechanisms share the same controls. Even if the latter isn't the case, the former is still by far a legitimate enough reason for Jobs to not want to do it (e.g., why do some tracks I bought play on my Zune and others won't?). I know that a lot of people don't buy that argument, but frankly, it's perfectly legitimate.

    I think this might have more truth in it than most at Slashdot are willing to admit. One of the iTMS' biggest strenghts has always been that the customer knows what he's getting - every time. There is no small print attached to certain albums, no extra gotchas, and the price is always the same. It's simplicity for the customer, and that's what Apple has been selling across the board, not just in music files. While it isn't fair towards the independents who could give a rat's ass about DRM, it still makes business sense.

    Not that I wouldn't want to see DRM go away, but I also think that it will only happen when they can offer a large majority of music without DRM. At that point, the inevitable small print will turn into leverage to get rid of the remaining DRM protections - the last record company to insist on having DRM will look like the bad guy. (As if the big four don't already..;) )

    And no, I'm not an iTMS apologist. I buy my music as CDs and LPs, and will as long as they don't offer losslessly compressed DRM-free music online. (Sidenote: I heard Allofmp3 may sell some tracks recompressed from a lossy source - don't know if it's true however.)

  50. All CD's do NOT play in ALL players! by phayes · · Score: 1

    Many of the so called "CD"s sold by the major music publishers do NOT play in many players because they are not Redbook compliant. These so called CDs use copy protection to make ripping the songs to MP3s difficult.

    I do not buy copy protected CDs. When offered copy protected CDs as gifts, I attempt to return them as they do not play in my car & converting them to MP3s is a pain in the ass. I suggest that the commissioner push the music publishers to abandon this instead of harping on apple. Currently, I use the MP3 format as it is ubiquitous and my entire collection is not too large to be stored on my MP3 player. When, in a few years the capacity of MP3 players has increased to the point where it is feasible, I will rerip all my CD's to a lossless format.

    --
    Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
  51. Re:Reasonable? by Anonymous Coward · · Score: 0

    Hi,

    > Do you find it reasonable that some Brussels bureaucrat can tell Steve Jobs

    You mean a democratically appointed representative for all european consumers.

    Then yes. She can and she fucking should. It's her job.

  52. While she's putting the world to rights... by iainl · · Score: 1

    Blu-Ray movies don't work in my DVD player, vinyl doesn't work in my Laserdisc player, my Windows PC won't install Office For Mac, my XBox 360 can't play Wii games and I had to use legally questionable firmware hacks to get my PSP to understand my PS1 files.

    While we're at it, maybe all music programs should be blocked from encoding to anything other than mp3? The 42 tracks in my iTunes library that came from the store (half of them the free ones from Single Of The Week, in case you're wondering how I ended up with so many) would have a rather smaller lock-in effect if I wanted a different brand of music player than the 50Gb of stuff I ripped to AAC from my own CDs and can't face doing all over again. Similarly, WMP defaults to WMA, for those that use that.

    --
    "I Know You Are But What Am I?"
    1. Re:While she's putting the world to rights... by 91degrees · · Score: 1

      Blu-Ray movies don't work in my DVD player, vinyl doesn't work in my Laserdisc player, my Windows PC won't install Office For Mac, my XBox 360 can't play Wii games and I had to use legally questionable firmware hacks to get my PSP to understand my PS1 files.

      But you have a choice of Blu-Ray DVD players, and laserdisc players. Nobody is actively preventing you from installing Mac Office on Windows. The lock-in for consoles is a pretty bad situation as well, and it surprises me that nobody has actually taken the console makers to task over this clear abuse of position.

      If iTunes was offering raw AAC files then nobody would mind. Anyone would be free to make a player that can play them. But they're offering encrypted AAC files that are locked to a specific device.

    2. Re:While she's putting the world to rights... by Anonymous Coward · · Score: 0

      Those are technical restrictions, not artificial restrictions put in place by someone in order to make more money.

  53. Re:You appear to have replied to the wrong comment by TheRaven64 · · Score: 2, Informative

    There is no small print attached to certain albums, no extra gotchas, and the price is always the same

    Please note that this comment only applies directly to the US iTunes Store. The UK one, for example, does not have a fixed price per album, although most are £8.99 ($17.373 in American money), and quite a few albums do not allow the purchase of individual tracks.

    --
    I am TheRaven on Soylent News
  54. She is pointing at the finger instead of the moon by Mofaluna · · Score: 1

    What she is doing is blaming Steve and friends for the fact that she isn't doing anything about the RIAA cartel. Why focus on iTunes instead of something like SONY connect where the content provider and the distributor are one and the same?

  55. Re:Reasonable? by 91degrees · · Score: 1

    Well, this particular bureaucrat has been championing consumer rights for years. Steve Jobs has produced overpriced electrical equipment and made lots of money from it.

  56. MS Windows required to play is not an issue???? by barbarus · · Score: 1

    In this discussion it really beats me why Apple gets slapped for something Microsoft has been doing for years. True without succes. I have made two attempts to buy online music from a Windows driven site. Teh first time my credit card got charged three times (I did get it back) and I purchused the hard cd. The second time I was able to play the music in Virtual PC using Windows only (so what's different from iTunes there?), but a year later (and a new version of MediaPlayer) and my licenses for th elegally obtained music cannot be used any more nor can they be moved to another system!!! In other words is is worthless, I get the option to purchase a new license! That is ten times worse than the iTunes/iPod partial lock-in an d nobody ever protested.

  57. How is iTunes "lock-in" different to Sky/Sky+ by Anonymous Coward · · Score: 0

    Same game different channel.

  58. Old by Conanymous+Award · · Score: 1

    /. is late. Commissioner Kuneva has already softened her statement (linky here.

  59. Its not just music needs regulation by JackMeyhoff · · Score: 1

    The PC games industry also needs regulation for its DRM, its not on the packaging, its not in the advertisements, its intrusive and doesnt work and you are up shit creek without a paddle in most cases and have to resort to nocd cracks. I wish the games industry is also regulated as self regulation is ineffective.

    --
    http://www.rense.com/general79/wdx1.htm
  60. Ah, more American penis envy... by Anonymous Coward · · Score: 0

    Typical bureaucratic response to overwhelming consumer choice validating the success of a product - let's pass some more laws and see if we can somehow get a bigger piece of the pie and convince the public that they don't overpay taxes to a severely bloated government. She misses the point that people already have options for getting their music to play on multiple players. A person could easily just buy the CD and rip it in an unencrypted format, which is my personal preference, but some people own an iPod and just don't give a shit if they can't play their music on the Microsoft ShitBrick (Zune) because they will NEVER own one. Bureaucrats should pass a law forbidding them to make laws that regulate things that are beyond their comprehension before they end up passing a law that actually does some harm.

  61. EU commissioner is twisting the facts. by Rogue+Pat · · Score: 1
    i'm not taking any stance on DRM'ed music here, but the Euro commissioner is using logical fallacies and tops it off with incorrect facts.

    '"Do you find it reasonable that a CD will play in all CD players
    Last cd i bought didn't play in a regular cd player because of DRM. Pretty annoying too, as it was a birthday gift to my sis.

    Also

    but an iTunes song will only play on an iPod"
    is wrong. It will play on a number of iPods. It also plays on a number of computers (yes, even Apple and Windows machines alike) and the songs stream just fine through my stereo via this device. In addition, the burned audio cd's also play fine on my car stereo, something which cannot be said for some original cd's bought in a store.
  62. Re:Console games lockedto consoles, WMP windows on by Anonymous Coward · · Score: 0

    The difference is, it's far easier to convert an audio file to play on any different player on the market than it is converting a PC game to play on the console or vice versa.

    What they're doing is preventing people from being able to convert these music files to play on their beloved player and forcing people to use their specific audio device. How you can compare console games to this is beyond me though.

  63. EU comissioner needs to understand "free market" by argStyopa · · Score: 1

    Don't like iTunes? Have an 'issue' with iPod? BUY THE MUSIC ELSEWHERE.
    There are dozens of alternatives, from other online services all the way to 'burn yer own' cd stations at grocery stores.

    If a supplier offers a product that is extremely good, but then starts to lock in proprietary components (including consumables that are necessary) why don't we let the MARKET decide whether the limitations exceed the value? Customers are fairly smart over time.

    On this same premise, when is the EU commissioner going to go after Schick and Gilette for having the AUDACITY to build their razor blades in such a proprietary fashion? I mean, you can't use a Gilette blade on a Schick handle - heavens!
    Or closer to the EU - how about Volkswagen for making it's f*cking windshield wiper blades with a unique mounting, so you can't just buy their blades off the shelf like every other car, but have to buy VW blades at $16-$18 EACH?
    Such monopolist behaviour MUST STOP! Someone call the government to regulate!

    Or we could just let the market punish manufacturers that go too far?

    --
    -Styopa
  64. Eh by derEikopf · · Score: 1

    It is likewise unreasonable that CDs will only play in CD players, that MP3s will only play with an MP3 decoder, that HP printers can't use Canon cartridges, and that 0.5 mm pencils won't accept 0.7 mm lead. Not fair!

  65. EU Sandgina by gelfling · · Score: 1

    Isn't the EU starting to sound a little sand in the vagina neurotic about this one issue? There are OTHER storefronts besides iTunes. And there are other PC clients besides iTunes you can use to force content on to your iPod. It sounds like protectionism from the EU and I wish they'd just shut the hell up about it.

  66. Mail me your hard drive... by Anonymous Coward · · Score: 0
    What happens when you mail me your iTunes track?

    Selling me your CD's and e-mailing me an iTunes track aren't the same thing... If you sell me a CD, I own the physical manifestation of the product and now you do not. This isn't tantamount to piracy. Digital internet distribution makes it a bit more complicated because the physical manifestation of these tracks is on your hard drive. So, to be perfectly fair in your analogy... you'd have to compare selling/giving me a CD to giving me your hard drive (or any portion thereof, except that one assumes a piece of a hard drive platter isn't going to be much use to me). The issue isn't black or white but analogies for argument's sake should be equal.

    1. Re:Mail me your hard drive... by Technician · · Score: 1

      you'd have to compare selling/giving me a CD to giving me your hard drive (or any portion thereof, except that one assumes a piece of a hard drive platter isn't going to be much use to me

      My point exactly. I can take a physical DVD or CD and remove it from my player and send it on. An iTunes track is electronicaly bolted to some other hardware that you own which is not from iTunes and can't be unbolted and sent on and not be unbroken. iTunes tracks are built to break if moved off the auth'ed computer. A CD or DVD does not break if removed from my hardware and sent along to someone else.

      --
      The truth shall set you free!
  67. Repeat After Me.. by macs4all · · Score: 1
    You don't HAVE to purchase your music through the iTunes Store. You don't HAVE to purchase your music through the iTunes Store. You don't HAVE to purchase your music through the iTunes Store....

    Sheesh!

    Consumers vote with their feet. And the vast MAJORITY of Consumers have voted -- iTunes!

    Damn! Does EVERYTHING have to have Government Intervention???

    1. Re:Repeat After Me.. by Anonymous Coward · · Score: 0

      Does EVERYTHING have to have Government Intervention???

      Copyright monopoly law and anti-circumvention-of-DRM paracopyright law represent government intervention of the grossest order. It is unsurprising that further government meddling is necessary to correct the initial abuse - another example being patent law grants market monopolies on a silver platter, antitrust law then penalises monopolies, etc.

      One cannot logically support both free markets and copyright and patent monopoly laws. They are simply incompatible. Anyone claiming to support both is simply a self-serving hypocrite.

      I would be perfectly happy to let consumers "vote with their feet" (or wallets) and buy DRM-infested copies of whatever. So long as it's not illegal to try to crack the DRM and redistribute copies!

  68. Don't be disingenuous by danaris · · Score: 2, Interesting

    I really don't see how Apple couldn't do the same thing.

    I would say there are two main reasons (which are really just different side of the same reason):

    1. Apple has to deal with the labels in the US directly, and there's no way they'd get the rights to sell the music through the iTMS if they didn't put the DRM on it
    2. AllOfMP3 is only able to do what they do because they operate in Russia, don't actually get ANY legal permissions from ANY artists or labels, and thus, more or less, sell stuff they don't own.

    I wouldn't call downloading music of BitTorrent for my own enjoyment theft (copyright infringement it may be, but not theft). I would call either buying the CDs or downloading the songs and then setting up shop to sell copies of them left and right, making a huge profit in the process, theft.

    So, basically, the reason Apple couldn't do the same thing is IT'S BLATANTLY ILLEGAL, YOU MORON!

    Have a nice day.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
  69. Re:You appear to have replied to the wrong comment by elrous0 · · Score: 1

    One of the iTMS' biggest strenghts has always been that the customer knows what he's getting - every time. There is no small print attached to certain albums, no extra gotchas

    You sure?

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  70. Footbinding by enjahova · · Score: 1

    It's like she is complaining because Apple makes the most comfortable foot bindings that allow you to wear Apple shoes, and they should share their foot binding technology with the other foot wear manufacturers.

    Really, we should all stop foot binding.

    --
    "how can they call it a MINE if everything here is THEIRS?!?!" -Straight Jacket
  71. Vidgame lock-in by Zobeid · · Score: 1

    If they were really serious about this philosophy, they'd go after Sony, Nintendo and Microsoft for selling game consoles that prevent any non-licensed content from playing. If I'm not mistaken, they are using copyright laws as part of the control mechanism. (I.E. the console requires a code before the game will run, and the code is not secret but is copyrighted.) That's really an abuse of copyright law, it wasn't meant to be used that way at all.

    It's not DRM, it's not supposed to prevent copying. It's just supposed to prevent competition.

    1. Re:Vidgame lock-in by Random832 · · Score: 1

      Sony, Nintendo and Microsoft I think you misspelled "Sega, Nintendo and Atari". And, by the way... the 90s called.

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
  72. Repeat after me - people will do stupid things by cyborg_zx · · Score: 1

    People will do stupid things. People will do stupid things. People will do stupid things. Trust me, most consumers don't understand now that timebomb they're in for, but they will eventually. Fortunately someone in governance has a little foresight and is DOING THEIR JOB and trying to protect consumer interests even if consumers aren't interested in them.

    1. Re:Repeat after me - people will do stupid things by kmweber · · Score: 0

      Your conclusion does not follow from your premises.

      It is not the role of the state to protect people from themselves.

      Grow up.

      --
      "Other than that, Mrs. Lincoln, how was the play?"
    2. Re:Repeat after me - people will do stupid things by cyborg_zx · · Score: 1

      It is not the role of the state to protect people from themselves.
      No, it is the very essence of the role of the state. Otherwise we might as well go with anarchy.
    3. Re:Repeat after me - people will do stupid things by kmweber · · Score: 0

      False dichotomy.

      It is possible to have a state without it protecting people from themselves.

      For example, the state can protect people FROM OTHER PEOPLE, or not even do that but simply punish those who cause harm to others AFTER THE FACT (what I advocate).

      --
      "Other than that, Mrs. Lincoln, how was the play?"
  73. Tight Spot by GanjaManja · · Score: 1

    If I remember correctly, Apple wasn't allowed to let their music downloads operate just like a CD:
    The music companies wanted there to be a one-user purchase.
    Thus this EU guy trying to make it open is like trying to get them to break the deals they made with the the music companies. I wonder if they can comply with the EU and keep the RIAA (or whoever it was) happy.

    However, iTunes let's you burn as many CDs as you want of the purchased music, so are they really being that controlling?

    PS.I believe there was a SlashDot link/article on how Apple's DRM wasn't implemented for any reason other than the requirement set by the RIAA/recording companies, in return for a licensing deal. Search for it in the Apple section.

  74. People here need to understand that "free market" by cyborg_zx · · Score: 1

    ... is not free.

    That's the goddamn point. The goal of any company that is big enough is to pervert the market so that it IS NOT FREE but works towards their ends. That people on /. could be so very ignorant of this whilst the majority seem quite aware of how MS has been doing well at this game is beyond me.

    This is what Apple are doing with iPod + iTunes - they are trying their damndest to ensure there is no such thing as a "free" market by locking their customer's investments into their platform. This is market perversion 101.

    Capitalism is not a magic bullet. People who think the market will solve all the worlds ills need to wake up and take a good, hard look at reality.

  75. Re:You appear to have replied to the wrong comment by Anonymous Coward · · Score: 0

    It has been said that Apple stores their music files DRM free on their servers. The iTunes client encases songs in DRM during the download process. This is necessary to isolate potential breaches in the DRM scheme.

    Using this system, if Apple wants to sell DRM free music, they need to add a flag to indicate that a file can skip the DRM encoding process. This flag will be sent to the client during the download process. If the flag is set, the client will skip encoding. This is technically possible and probably easy to implement.

    Let us consider a simple mistake. A song file, which is controlled by one of the major labels, is flagged incorrectly. The file is supposed to be protected by DRM, but it is flagged as DRM free. Let's pretend that this file is downloaded 10,000 times before the problem is found. Apple can only flip the flag, which will only affect future downloads. They cannot retrofit the 10,000 copies of the songs already downloaded with DRM.

    Wouldn't the major label demand restitution for all those songs sold DRM free? Wouldn't that restitution be written into the contract? From a business perspective, is this risk worth it? Is it worth it to appease a small percentage of labels, artists, and customers?

  76. What about other lock-in? by Bert64 · · Score: 1

    There are so many other areas of lock-in in the IT industry, many of which are much worse and harder to work around than Apple's. Look at microsoft's document formats not to mention their own DRM schemes, and various other methods of lock-in.

    Now, while i agree that any kind of lockin, including apple's is bad, they are by no means the worst offender. Many people have already mentioned the burn to CD method, and you can always buy your music from somewhere else, apple don't have a monopoly on music distribution, or even sufficient grip over the market to assert any pressure on consumers. The tie-in is also one way, you can play standard drm-free mp3s on the ipod anyway.

    I consider being forced to run windows and/or msoffice, in order to read documents sent to me by various companies to be a far worse kind of lockin, but too many people are already locked in, so they don't realise the situation. Apple wouldn't be having these kinds of issues if they'd established a microsoft-level stranglehold over the market already.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  77. I think the idea is this by Anonymous Coward · · Score: 0

    What are the barriers to entry in music downloads?

    a) access to content
    b) network servers
    c) music compatible with a DAP

    Now (a) is nothing to do with Apple but with copyright. I think we can take it for granted they aren't going to abolish or weaken copyright.

    b) isn't much of a barrier

    We're left with (c).

    Now, if you can get (a) with the sale of MP3's you have no barrier there either.

    If you can get (a) with the sale of some other DRM then there is a barrier to entry but it only happens because you cannot get content without DRM.

    Still not Apple's problem. That their FairlyPlay(tm) scheme only works with iPods is not a barrier to entry: use another DRM.

    So the iTunes store isn't able to be an effective monopoly because the only barriers to entry are ones that are required by other parties.

    Lets have a look at the iPod then.

    It plays MP3s. It plays AAC. You can turn your FairlyPlay(tm) restricted content with these formats by ripping to CD and then converting the CD to one of these formats. That WMA doesn't let you rip their content to CD or direct to unprotected MP3/AAC is the barrier to having a store that can load up an iPod but it is one that MS have built up. Not Apple.

    So where, although there is a monopoly of prescence, is the monopoly power? A monopoly happens to exist when the course of the product can be driven by the monopoly player. A cartel is a monopolist made up of bit-players but it still needs to be able to drive the market for it to be a cartel.

    No capability to drive the market (unless market chooses to follow your lead) means you aren't a monopoly even with 100% of the market: if nobody WANTS to play in that market, why is that your fault?

  78. Do you find it reasonable? I thought not. by scstsut · · Score: 1

    '"Do you find it reasonable that a CD will play in all CD players, but an iTunes song will only play on an iPod?" asked Kuneva. "It doesn't [seem reasonable] to me. Something must change."' "Do you find it reasonable that an iTunes song will play in all CD players?"
    O! Sorry! That was the wrong question.
    "Do you find it reasonable that an American is cleaning up in the digital music and video download space and that Europe is doing nothing?" I thought not.
  79. another solution by metalpres · · Score: 1

    instead of constantly going after apple about opening up their drm how about you just go the other route and stop using itunes, if you dont like that itunes only works with ipods then dont use it, there is other music services out there, or you can still go buy the cd and rip it yourself. why should apple allow other players to work with their service? right now they have a good thing going getting the music sales and the player sales why would they let someone else in? I am not an apple user in fact I despise apple and their products so i dont use them, if you dont like the way they do things you dont have to sue them either. dont like windows? dont use it, dont like apple? dont use it. eventually people will realise apple is garbage and the problem with disappear.

  80. I am a bit confused here... by Anonymous Coward · · Score: 0

    I do not understand why people continue to believe that if you buy a track from iTMS, it will only play on an iPOD. Last time I checked you can press the play button right there in iTunes...hmmm...

    Also, you can burn a cd from playlists that you create using... you guessed it...iTunes! Check it out straight from Apples website: http://www.apple.com/ilife/tutorials/itunes/it4-2. html Hey wait a minute... does that mean that I can play that cd in a CD PLAYER!!?!? And wait, a cd player isn't an IPOD is it!!!

    You don't even have to own an iPod to be able to use iTMS or to listen to the music purchased from it.

    Someone way up towards the top said something about not being able to play a PS2 game on an XBOX360, and that is totally right. Apple isn't forcing anyone to buy an iPod or use iPods to play music. The iPod and iTMS are two completely different products/services. The iPod has the ability to play music that wasn't purchased from iTMS, and you DO NOT have to have an iPod to play music purchased from iTMS. Where is the "lock-out"? Yes they have DRM on their music, but they aren't stopping you from playing that music on a non-apple device!

    Just because you are too lazy to RTFM or click a few buttons, doesn't mean that Apple is evil or is doing anything wrong. Apple has done more than any other company to bring the music industry to current times than anyone else.

    Also, this whole argument about "if I buy a cd, it plays in ALL cd players..." is crap. Well no kidding, it's a CD!! Guess what... If I buy an iTMS track, it will... wait for it... PLAY ON ALL MODELS OF IPODS!!! Wow what a startling concept. I could understand that argument if I bought a track from iTunes and it didn't work on my 1st Generation iPod, but that isn't the case. It doesn't matter what kind of iPod I have, I know that if I buy a song from iTunes, it will work with the iPod that I own. However, if I buy a record, it is understood that I need to have a record player to play the thing. No one seems to be upset about that! If I want the music that is contained on that record to play in my CD player, then I will have to do some work to get it there, wont I? It is the same principle as my iTMS music. If I want that music that I have purchased to work on my CD player, then I will have to do a little bit of work, and guess what, it is much much less work to rip a cd from iTunes than it is to make a CD from a record.

    I hate it, but DRM isn't going anywhere anytime soon. At least with iTunes I have a system that works great, is easy to use, and doesn't make me feel like a criminal every time I use it. I just click a few buttons and a few minutes later I am listening to the music that I purchased. Yes, it has limitations, but no more than the cd to record comparison I made earlier.

    Tapes play in tape players, cd's play in cd players, records play on record players, and believe it or not, the iPod is the player apple chose for it's offerings. They were just nice enough to give you the option to make it play on other mediums. We should be thanking them, not bringing legislation against them.

    Note: I am not an Apple Fanboy, or an employee. I am just a satisfied customer that is tired of hearing people complain about a good thing. It has been said quite a few times, if you don't like it, no one is forcing you to use it or buy it. If you don't like iTMS, then DONT USE IT! If you don't like iPods, go buy a zune or some other music player, and good luck trying to find something that is as easy to use as an apple product. If you still aren't happy, go buy a CD. If that isn't working for you, go to a concert. If you still aren't happy, you shouldn't be listening to music at all.

  81. Music is not licensed! by Pfhorrest · · Score: 1

    For example if I purchase a CD I do not own the physical media in a way I can say it is my property but the artist gives me permission to listen to the works within and the physical medium is merely just a symbolic representation of that agreement.

    Anyone with a law degree feel free to correct me, but from what I understand of U.S. law this is WRONG WRONG WRONG. There is no such thing as a "license to listen". The ONLY right of yours which copyright law limits is the right to COPY. When you buy a CD, you are receiving an authorized copy of the work, in the sense that the people who produced the CD were authorized by the copyright holder to make copies of their work and press them to discs. That is the ONLY "licensing" going on here. You own a physical disc with a legally-made copy of an artistic work on it. The only authorization required by the copyright holder for you to come into legal possession of this copy of his work is the authorization to make the CD in the first place - the rest of it is straight-up sale of a physical object between distributors, wholesalers, retailers, and you. You haven't been given any sort of license, and there is nothing that you might want to do with that disc that you would NEED to be licensed to do (i.e. nothing that's not already within your unrestricted rights) besides make copies of it.

    If the music companies want to give you a "licence" to their music which works in the sense you describe, they'd have to give you an actual license agreement along with the CD saying that by this purchase you are entitled to one copy of the work contained on the disc in any format you like, and that they'd happily replace your damaged CDs or swap them for other media if you like. Of course they don't actually want to offer licenses like this because it would cost them money, while requiring you buy a new copy on each new media format you want would actually make them money, so why do it any other way? Of course, they could offer such a service for a recurring fee... and it would be especially nice for them if all your music stopped working if you failed to pay that fee. And that's what's really going on here. This talk of "licensing" is all just clever spin by the music companies to get people used to the idea of not actually owning music, but in thinking that the music companies are generously granting them a license in perpetuity for a small one-time fee. Then later, when everything moves to subscription-based DRM'd music downloads, people won't feel so shafted in comparison to before - the "one-time licensing fee" of purchasing a CD will seem like some miraculous bargain that they used to be getting instead of the regular way copyrighted works have always been distributed.

    --
    -Forrest Cameranesi, Geek of all Trades
    "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  82. Is Fake Steve Obligatory Around Here Yet? by cgrayson · · Score: 1

    Is The Secret Diary of Steve Jobs obligatory around here yet? If not, it should be.

    I'll start.

    See this post: O, Bulgaria, defender of freedom:

    Meg, if your subjects don't like the way iTunes and iPods are set up, they don't have to buy them. They have absolute freedom of choice here. The market can vote with its dollars. I realize this is probably a novel concept for someone from, um, Bulgaria. No, seriously. I really do want to get some lessons in morality from a politician whose native country sided with the Nazis in the second World War, then fell in with the Soviets for a few decades. Yep. Please, Meglena Kuneva. Please teach me right from wrong, O heroic defender of human rights. You're all about freedom, aren't you? Thank you, thank you, for saving the world from the curse of DRM on iTunes.
  83. I'll show them! by Shinra · · Score: 1

    Watch out, Record Execs, I'm an Independent Musician and I'm distributing my self-made music (Meaning I am the sole copyright holder) with a Creative Commons License and NO DRM attached! Whachoo going to do about that? HUH? HUH?

  84. WHY is the U.S. dropping the ball again? by Jane+Q.+Public · · Score: 1

    Actually several points here: (1) People who state that the entertainment industry "forced" Microsoft and Apple to DRM their products are completely mistaken. MS and Apple actually held the reins and were in a position to call the shots. The entertainment industry were the ones who were actually in the position of "we can either sell via Microsoft and/or iTunes, or miss out on this technology completely." I do not believe there was any danger of MS and Apple, once their technology was offered, being short of content. Companies in the industry who balked initially would have lined up to sign on. So this is a completely specious argument, even if it was raised by MS and Apple themselves. (2) EU Commissioner for Consumer Protection Meglena Kuneva has hit the nail on the head. (3) Where was the US, though, in all this? Answer: The big-corporate-friendly government administration would not dare do something like Kuneva suffested in the U.S. today, because they know whom lines their pockets. What a disgrace. We used to lead the world in freedom and free market, but lately the fascists have been allowed to gain control. I despair for my once-proud nation.

  85. Re:People here need to understand that "free marke by argStyopa · · Score: 1

    The free market....is not free.

    I'm sorry, but that's total bullshit.

    Nobody is compelling anyone to buy itunes. Yes, companies are trying to dominate the market. They are also trying to out-compete their competition.

    As long as the consumer is not somehow compelled or restricted from exercising their right to buy from one vendor or another, it's not anticompetitive.

    The contention from USDoJ was, I understand, that MS OS had become so ubiquitous that it exercised unfair control of the majority of the market to EXCLUDE other vendors' products from working on MS OS (ie Netscape, IIRC). Personally it seemed like a witch hunt to me - even then you could buy OS/2, any number of a variety of Linuxen, etc.

    But does iTunes command that much of the online music market? Not by a long shot.

    People need to stop looking to the government for solutions.

    --
    -Styopa
  86. Wrong comparision by Orig_Club_Soda · · Score: 0

    The EU is essentially complaining that a cassette doesnt play in a CD player. If they would rip the music to audio CD, it would play in any audio CD players. CDs don't play in any CD player, specifically CD players attached to computers. That requires extra software, and sometimes is blocked completely.

    With Apple songs, specifically, you can play it on a variety of computers. The iPod is one such variety.

    When you buy a song, you own the media, not the content. Do people who buy books automatically get free books-on-tape?

  87. iTunes + iPod = crack cocaine by cyborg_zx · · Score: 1

    Nobody is compelling anyone to buy itunes.
    Apple is compelling everyone to buy iTunes I think you'll find.

    As long as the consumer is not somehow compelled or restricted from exercising their right to buy from one vendor or another, it's not anticompetitive.
    And praytell, what is iTunes + iPod if not vertically integrated lock-in? No, nothing stops me physically using another music store service or player, but clearly such an action is discouraged when doing so would force me to lose an investment on previously purchased music.

    Vertical integration is a pretty powerful tool for perverting the free market to a corporation's ends.

    But does iTunes command that much of the online music market? Not by a long shot.
    That does not make what they are doing any less wrong.
    1. Re:iTunes + iPod = crack cocaine by argStyopa · · Score: 1

      Actually, I appreciate your sticking in here and responding. This is interesting.

      So are you serious? I mean, really? You think that "desire for music" = compulsion in any real sense of the word?

      Are you equally incensed about Gilette razor blades only fitting Gilette razors?
      Ford cars requiring Ford parts?
      DirecTV only offering certain stations that you can't get elsewhere?

      This isn't like someone FORCING you to do something. I think most people would consider it a relatively trivial matter to choose another mp3 player.

      I'm genuinely amazed.

      --
      -Styopa
    2. Re:iTunes + iPod = crack cocaine by cyborg_zx · · Score: 1

      Are you equally incensed about Gilette razor blades only fitting Gilette razors?
      No. But then this is not analogous. Gilette razors have a finite lifespan and there is no possible advantage I might gain by wanting interchangeable parts between brands.

      Ford cars requiring Ford parts?
      Actually this is more analogous since Ford does tend to rape people on their spares prices and the lifetime of a car is significantly more than a razor. Still, I don't generally expect to be able to take the various parts of a vehicle and mix and match them.

      DirecTV only offering certain stations that you can't get elsewhere?
      Broadcast media isn't the same as purchased media. You're not buying the channels, you're buying the opportunity to view them. This is the least analogous.

      This isn't like someone FORCING you to do something.
      No, there is no gun pointed at my, or anyone else's head - I am not being forced in that sense. This is about market pressure - as such it is more subtle.

      I think most people would consider it a relatively trivial matter to choose another mp3 player.
      Again, that is not the point. The point is that you are DISCOURAGED from doing so because your music library investment is now no longer transferable.

      People's analogies are missing the actual crux of the situation here.

      Your music is an investment. You will likely invest far more in it than in your devices you use to hear it. Being artificially tied to one player is bad for that investment.
  88. Re:You appear to have replied to the wrong comment by Whiney+Mac+Fanboy · · Score: 1

    So, essentially by endorsing DRM, Apple is propping up the major labels & their artists.

    Well, we're pretty much in agreement I guess.

    --
    There are shills on slashdot. Apparently, I'm one of them.
  89. She's Right! by gevantry · · Score: 1

    The EU Consumer Affairs Minister is right--it is unreasonable. But it's not Apple's (or MS's, or Real's) fault. It's the music labels' fault. They require the DRMs or they will not license their music for download. Instead of beating up on Apple, she should beat-up on the RIAA and its corresponding international rights agencies.

    While she's at it, she might ask why oh why the labels require DRM for downloads, but sell DRM-free music on their CDs? As Steve Jobs noted a few weeks ago, the record labels are the single largest source of DRM-free music available on the internet. Of course, we all know too well why the labels don't protect their CD tracks with DRM: if they did, suddenly tens of millions of CD players would stop working, and there would be hundreds of millions of unhappy (or perhaps homicidal) music customers.

    But Apple and the iTunes Music Store are the 1000-pound gorilla filling most of the room and make an easy target. Why bother the labels about their licensing practices? Let's also leave Real and Microsoft out of the picture for doing the same as Apple (again, because the labels require it).