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Apple Sends Cease-and-Desist To the Hymn Project
Troed writes "Tools for removing DRM from iTunes-purchased songs (myFairTunes7, QtFairUse6) have been available from the Hymn Project Web site for some time. These are legal in many countries. But on the 20th Apple sent a Cease and Desist note to Hymn's ISP, forcing the site admins to remove all download links. It is speculated that this is due to a new tool being created (Requiem) that attacks Apple's FairPlay DRM through cryptographic means instead of by copying the unprotected music from memory while it is being played. But since the tools are no longer available (after several days there are still no public mirrors), discussion around this topic has died out. Many users buy music from the iTunes store and rely on DRM removal to be able to play the content on their mobile phones. Apple may be on dangerous ground here, since those users might now start checking out competing services."
Now tell me how is this not evil and not unlike Microsoft?
I assume that anyone who has the original installer could upload it to the pirate bay as a torrent, right?
512 MB RAM, 20 GB disk, 200 GB transfer, five datacenters. $19.95/month.
Another draconian legal tactic by a truly evil company! I would never touch on of their prod... oh wait, Apple?
Ooh, look over there! Shiny!
I'd put money on http://www.doubletwist.com/ being next. Given the cross platform, Zune, iTunes etc applications it covers, Doubletwist would be a pretty high profile target to hit with a C & D.
G4 Hackintosh
Why does anyone still shop at the iTunes Store for music if they want DRM-free songs? Just use Amazon.
Apple on dangerous ground? They may lose .01% of their market! People who crack the DRM on iTunes (and their purchase hinges on that) are a tiny part of the market. I can understand both sides here (Apple kinda has to do this or the record companies, who don't like Apple enough as it is, will get even more pissed, but the crackers want fair usage of their music), but saying that Apple is on "dangerous ground" is more self-important internet crap.
If someone gets a Cease & Desist letter threatening them with harm if they don't c&d, then fights it in court and shows the C&D was invalid, the court should treat the sender of the C&D letter like any other bully making threats. Fine them, count a strike against the attorney who wrote it (and start disciplining/disbarring them after some number of strikes in some period of time). And find damages to cover the time the recipient had to spend to straighten this out when they weren't wrong.
And when the C&D sender loses such a case, every other recipient of such a letter should be able to file to get the same results applied to their own case, if they can prove it was the same circumstances (which should be cheap, easy and quick if they were indeed the same). That should load up the fines and strikes on the sender and their lawyers.
Which in turn will deter lots of these C&D letters, especially when they're just bluffing (and they know it). Why should a law license and a retainer let these bullies litter the land with their C&D letters that get enforced with just the threat of intimidation, but which don't have a legal leg to stand on (or ever have to demonstrate they do)? They should have to face some consequences for abuse themselves.
--
make install -not war
Yes, the evil pirates are ruining iTunes by not using it to buy their mus-wait, what?
Try more along the lines of buying coke from a small grocery store and then pouring the coke into a big jug so it takes up less space in your fridge, then discarding the cans.
The Yasashii Syndicate ||
I will have be forced to stop using the iTunes store if the Hymn project disappears. I don't own an iPod—I don't *want* an iPod—but I do want to play my music on the Linux-powered media box in my living room. Is that really too much to ask?
In my view you can't steal something unless you're depriving the original owner of it's use. Copying is copyright infringement, and whether that's right or wrong is left an an exercise to the individual.
512 MB RAM, 20 GB disk, 200 GB transfer, five datacenters. $19.95/month.
Your analogy is flawed. A better analogy would be walking into a store and buying a coke. When the coke is bought you find out that it is, in fact, chained to the store and you have to drink it inside. Hymn is the glass you pour the coke into in order to be able to chill outside where you want to be.
we come in peace / shoot to kill
The only dangerous ground apple is in is with record companies if they don't aggressively pursue DRM faults/breaks/violations. I'll bet you dollars to donuts that apple has clauses in their contracts with these companies that force them to maintain their DRM updated, track offenders and litigate where necessary.
This is not to say that apple is blameless. They aren't. Apple, at this point, has had the chance to shame record labels (at least them. It appears we are doomed to repeat this nonsense with video) into changing their contracts. They took the opportunity to sound like a white knight in copyleft circles for a few weeks and did nothing. Maybe this was because companies were intransigent in negotiation. Maybe it is because apple's commitment to DRM free media was less than sincere. Probably both.
Part of what is allowing this silliness to happen is the dMCA itself. These folks can be send a CnD because they might be cryptographically breaking DRM, but regular old listening and rerecording is ok. The anti-circumvention clause allows companies to litigate in the absence of real infringement. That is the problem.
because apple makes money selling ipods and anyone buying competing music players is STEALING from apple's investors.
Snowden and Manning are heroes.
What's more convenient? Software removing DRM in a matter of seconds from songs that I paid for, or CD burning, which not only takes several minutes but also uses a CD? I think these smart kids you refer to know what the right answer is.
A C&D ORDER on the other hand, comes from a court and you'd better do what it says or risk pissing off the judge. Almost always a bad idea.
In any case, a C&D Letter can be responded to by a letter of your own back to the sender requesting "clarification", setting off a torrent ( :-) ) of correspondence that could level a forest while consuming time as you continue to do as you please. Or you could just use it to pre-emptively go to court and threaten the sender with attempting to interfere with your business/life/whatever by harassing you. And you will have the letter/evidence in hand, signed by the sender.
And of course, in the greatest of Slashdot Traditions, IANAL.
Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
I don't think that is two-faced. Jobs position has always been that DRM on music is counter productive and a flawed concept. His position has also been, that it is a necessary evil if you want to do business with the RIAA cartel which controls the music distribution in the US. First he pushed for the most user friendly and unrestrictive DRM of any company reselling RIAA music. Then he pushed to get them to sell some music with no DRM, for a slightly higher price.
Sometimes you can not agree with something, but still have to put up with it to do business.
If you were to download a song or software program off of a p2p network, you haven't prevented the bits from being sold to other people, the business is no better, or worse, off than it would have been had you chosen to not use it at all. In some ways, the company might even be better off for you having done it, because if you've downloaded an installed their program in that manner you haven't joined a competitors install base, and they can use the install as an indication of prevalence anyways.
I wish trolls like you would come up with a better set of analogies, because this is just as tired as it always was, and it isn't even logically consistent.
I don't personally agree with downloading content without respecting the licensing agreement and paying any relevant fees, but it really undermines the interests of the content producers to have trolls like you trying to make analogies which are as severely distorted as this one is. This isn't any different than any other situation where you have free riders using a resource without contributing to its creation or upkeep.
And I thought
/. kids are smart enough to know that transcoding decreases the sound quality, and burning to CD is a waste of money.
But judging from the other comments here, while they're self-righteous enough to bitch about DRM, they don't have the fucking backbone to just not buy DRM'ed music.
Your analogy is also flawed. Because the fact the Coke was chained to the store was no secret. It's not something you didn't find out after you bought it. It's more like you bought the Coke knowing full well it was chained to the store but also knew that if you bought this special Hymn glass you could take the Coke outside, and you assumed you'd always be able to do that. But suddenly Apple came along and sent a C&D to the company making Hymn glasses.
But....have I deprived someone else of payment? I prefer some forms of music that I prefer. However, my preference isn't $15 strong per CD. If I couldn't get the music for free (or at heavily reduced price), then I would choose to have it unavailable. Their price isn't worth it to me; my next choice would be radio and streaming audio, by which I would also be "deriving someone else of payment".
It is pitch black. You are likely to be eaten by a grue.
The hair-cut analogy is a one-to-one example of a service-delivered to a single customer. Of course, everyone understands that when someone performs a service, that they should be compensated for it by the person receiving said service. Hair cuts work very well because the value of the barber's time is about the same as the value of the haircut to the person receiving it.
But, what about services with a lopsided value, where the "cost" (in time, training, materials) to the provider is way in excess of the value of the service to an individual? Those type of services will then generally not be available in the general market, because there are no customers. Unless the service can be performed once, and be sold to many customers. In those cases, a group of people split the cost among themselves. Like in the case of a theatrical performance. There is no way an average person could afford to hire an entire acting troop for one private showing. But by selling that showing to several thousand people that show up at the theater, it all works out.
But what about the person who sneaks in. Assume there are a few unsold seats. That individual isn't depriving the theater of money from a paying customer, since there are still seats available. But I would still say that individual is committing a theft of service, even if there is no way that he would have paid for a ticket even if he wasn't able to sneak in. Yes, the legal term may or may not be "theft of service" in this case, but he is still enjoying the fruit of someone else's labor without paying his fair share (and potentially causing other customers to pay more in the long run).
I suppose this is a reasonable point to make one thing clear about myself:
I don't hate Apple.
In fact, I rather like them. They make good stuff - both hardware and software - and I enjoy using it.
For what it's worth, Apple is entirely within their rights to request that I cease distribution and development of this software. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act (a component of the DMCA), 103, says that "manufacturing" and distributing software (i.e, ffh) to circumvent a protection system (i.e, Fairplay) is illegal. While I don't agree with this law, I don't really have much of a choice but to follow it.
If you disagree with this as well, good. Tell your senator as much. Apple isn't to blame, though.
It's also probably worth considering that Apple is probably bound to pursue any violations. Although I'm certainly not privy to the details of their agreements with record labels, I strongly suspect that one of the terms of those agreements is that Apple must maintain the integrity of the Fairplay system (or - I imagine - risk dire penalties, either in terms of cash penalties or in companies breaking off music licensing contracts). I certainly can't fault them for doing what they've got to do.
Apple isn't in the business of profiting from song/movie media creation. It is a reseller. It is a retail store. WalMart doesn't really care if you bootleg Britney Spears, as long as you don't shoplift the CD. Similarly, Apple doesn't care "financially" that you use some FairPlay track outside of its studio designed license.
However, Apple has legal contracts with the studios that assure them that it will work in good faith to preserve its DRM in such a way that iTunes remains a store and not a source for widespread bootlegging and Internet distribution. This is somewhat silly because every CD sold is more of a source of unrestricted copying than a FairPlay song, and Apple would just as soon sell its tracks DRM free. That would mean Apple doesn't have to police a system that exists to keep honest people honest with some inconvenience, and try to prevent thieves from stealing, which is somewhat impossible anyway.
However, reality means that Apple does have to stop flagrant activity designed to facilitate theft. The iTunes license specifically outlines how songs can be used. The fact that Hymn allows users to violate their contract with Apple at the time of sale does not redefine the contract terms. It does however force Apple to put pressure on Hymn so Apple won't be sued or abandoned by its studio partners for failing to uphold its own resale license.
Anyone crying about iTunes restrictions should be buying CDs. There's nothing more that can be said about that. Nobody has a right to redefine the licensing terms of a product unilaterally just because they want to use it in a different way than it is being offered. If you disagree, remember how butt hurt you get when you read that TiVo or Microsoft whoever is violating the GPL.
If you support the idea of free software enforced by GPL/BSD/MIT style licenses, you have to also respect the licensing rules offered by commercial vendors, and either chose not to use them or use them in compliance with the terms of the agreement.
But there's no honor among thieves, as this thread demonstrates.
Lessons from the Death of HD-DVD
Is Apple Shedding its Final Cut Pro Apps at NAB?
Thank you for enlightening me on the process by which an MP3 becomes stale.
I am encouraged by my business comrades to hire you for your superior sector of technology information abilities and would like to offer you your current salary to work with us.
We have recently had problems with our code growing mold and this has affected increasing numbers of our computer cluster and Sasha just recently came down with an illness from breathing in so many of the contaminated spores.
Your analogy is also flawed: Apple doesn't make Coke.
Anyone else think the comments just weren't rendering right before they turned off ABP and saw ads?
Anytime you end up with something you didn't pay for, it's theft. Everyone focuses on the method of obtaining...[and not the lack of payment]
/any/ images, am I "stealing" from all the sites with banner ads? If I'm browsing with Lynx (and thus can't display images), is it still stealing? What if I display the images and just choose to ignore them?
I imagine you'd feel that blocking advertisements with a proxy or similar would be stealing. If I don't install Flash, am I "stealing" from sites that have Flash-based ads? If I choose not to display
Do you ever borrow a book, CD, or movie from a friend or the library? THIEF!
Do you ever skip the previews (aka commercials) on a DVD? THIEF!
Do you ever get up to use the bathroom during TV commercials? THIEF!
Do you ever pay your credit card bill in full, thereby depriving the CC company of any interest for their loan? THIEF!
Have you ever walked by a street musician without dropping money in the case? THIEF!
Have you ever written a research paper in which you cited material you did not personally own? THIEF!
Have you ever sung "Happy Birthday" and forgotten to pay the royalties? THIEF!
Jeez, by your flawed definition of "stealing" (that any time you "deprive someone else of payment", you've stolen from them), Linus Torvalds has stolen millions of dollars from Microsoft for all the lost customers. And GM better watch out before they get arrested for stealing from Ford!
Backpedalling begins in three... two... one...
It's always a long day... 86400 doesn't fit into a short.
It doesn't have a car in it.
Weaselmancer
rediculous.
If he doesn't take you up on your offer, I would like to let you know I am interested. I taught him nothing that he knows.
Although we would need to negociate the salary, I would require a significant increase, wages from flipping whoppers isn't exactly a career choice you know. None the less, I am fully capable of taking purely obvious puns out of context and relating them to purely obvious and somewhat common technology incompacitated way. After all, I was the top shoe salesman in my area until I burnt the shop down toking on a one hit in the store room. Who knew that the disinfectant was that flammable? Anyways, I can start as soon as the rest of this insurance money runs out.
I am sure we wold both benefit and I could be a complete ass set to your company. And tell sasha not to worry, penicillin fixes a lot of things and they even got stuff better then that now. But if it is something she can't get rid of, I know a guy who can probably still help her make a living.
> but also knew that if you bought this special Hymn glass you could take the Coke outside, and you assumed you'd always be able to do that. But suddenly Apple came along and sent a C&D to the company making Hymn glasses.
A real world analogy might be more like if you bought a special cup at a store that gave out free refills. As long as you use the cup, you can get all the Coke you want - but if you want another kind of drink, you have to buy a different special cup. Also, the cup is chained to the store, so you can only have the Coke in the store. Hymn is the product that allows you to cut the chain and take the cup out of the store. Really fine if you just take the coke out of the store and drink it at home, but bad if you take the cup out of the store and loan it to all your friends so they can go and get all the free coke they want. Since Coke is sugar water, it is pretty cheap and they can afford to give free refills to each customer- the store makes money by selling the cups to different customers. But if everyone is using the same cup, the store won't make any money. It sucks that you can't take the Coke out of the store, but the store sees it as their only level of protection. I would rather unchain the cup in this scenario, and not share it with my friends. Sure maybe you could give your friends a drink once in a while, but if they really want all the coke they can drink, they should buy their own cup.
Anytime you end up with something you didn't pay for, it's theft.
That is such a sad, negative viewpoint. How much do you pay for air to breathe? Monthly bill for rain and sunshine? When wildflowers bloom spontaneously on your yard, or the birds sing a song, who do you send a check to? Free prize? Quantity discount? Traffic ticket? Christmas, birthday, wedding, going away, welcome back, happy anniversary or graduation gifts must all be out of the question, too.
Most musicians actually want people to hear their music because that tends to make it easier to get an audience at live performances, which is the only place we've ever made any money and probably always will be.
Most of us were also taught to share. Mysteriously, everyone only wants to listen to the three percent that didn't learn this lesson.