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Palm Pre "iTunes Hack" Detailed By DVD Jon

CNETNate writes "As the reviews of the Palm Pre start to roll in, DVD Jon expands on previous coverage of the Pre showing up in iTunes as some sort of an iPod, by publishing the offending code Palm has used to enabled the feature. As suspected, in regular USB mode, the phone addresses itself as a standard peripheral. But in 'Media Sync' mode, it claims to be an iPod ... from a vendor known as Apple."

338 comments

  1. Poor Open Source by TheNinjaroach · · Score: 2, Insightful

    Inevitably Apple will move to block this, making the next model of iPods that much harder to use with open source software.

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
    1. Re:Poor Open Source by homey+of+my+owney · · Score: 1

      Or maybe Palm is angling for something :-)

    2. Re:Poor Open Source by MrEricSir · · Score: 1, Insightful

      Whereas the current generation of iPods is usable with open source software? Gimmie a break dude. If you can get my goddamn Nano 3G to work with Linux, you can have it.

      (That's right, a free iPod Nano!)

      --
      There's no -1 for "I don't get it."
    3. Re:Poor Open Source by urban_warrior · · Score: 1

      done deal

    4. Re:Poor Open Source by Anonymous Coward · · Score: 1, Funny

      looks like MrEricSir is down one iPod Nano.

    5. Re:Poor Open Source by ohcrapitssteve · · Score: 5, Insightful

      I've never seen the rules one should follow when releasing a device that might end up in millions of hands, but I'm sure they include the following:

      1) Don't use an unstable hack to enable a feature that a very large percentage of potential users will be counting on.
      2) Don't base a feature on a cat-and-mouse game. Especially with the likes of Apple, who are really good at that particular game.
      3) Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup. Jobs was bragging about patents in the iPhone announcement keynote, for Christ sake.

    6. Re:Poor Open Source by TheNinjaroach · · Score: 2, Interesting

      Whereas the current generation of iPods is usable with open source software? Gimmie a break dude.

      Hell no it's not, but my 4G Photo worked just fine. Since I replaced it with an 80GB model, I've been cursing the purchase ever since.

      --
      I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
    7. Re:Poor Open Source by ailnlv · · Score: 1

      banshee? amarok? gtkpod?

      Oh, sorry, you said 3G nano. Then please follow the link -> http://lilserenity.wordpress.com/2007/12/22/virgin-mobile-praise-ubuntu-and-ipod-nano-3g/
      and scroll over to where it says "THIS IS ONLY NEEDED FOR iPOD NANO 3rd GENERATION or iPOD CLASSIC MODELS (FALL 2007 MODELS)" in a very lame all caps way.

      When can I have my iPod?

    8. Re:Poor Open Source by aitikin · · Score: 1

      You sir, just made my sig...

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    9. Re:Poor Open Source by phulegart · · Score: 1

      Silly human...

      You know better than to believe what someone on /. offers.

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    10. Re:Poor Open Source by changa · · Score: 5, Informative

      I think Palm is counting on them yelling than then Palm will lean on them with their patents.

      Remember Palm defined this space long before Apple did and from a few quotes from palm recently they are going to use that as leverage.

      Quote from Palm CEO:

      "The whole area of patents is elaborate; a lot of issues there, and a very complex area. One of the things we've done over 15 years is build a very extensive patent portfolio in the mobile computing space, one of the highest-rated patent portfolios in this space, which contains more than 1,500 patents. And the reason you do that is to have a defensive position in the marketplace. It's kind of like two little porcupines going around, and you don't want to touch each other because you might get stung. You peacefully coexist and everything's OK and we keep working together."

    11. Re:Poor Open Source by Anonymous Coward · · Score: 0

      FYI, I have Nano 3G and I use it with Rhythmbox player. Works like charm :) Btw, you should also consider Mozilla's Songbird as well, it has interface much similar to iTunes (I tried it too - no problem).

      The only use case, that iTunes is a must, is formatting and performing similar maintenance tasks on it. .. and I do not need your iPod ;)

      (hooray my first post on Slashdot :D) should create an account someday though..

    12. Re:Poor Open Source by Anonymous Coward · · Score: 0

      Like?

    13. Re:Poor Open Source by Trillan · · Score: 1

      Apple allows external Mac applications to sync iTunes music to devices other than the iPod. It's the integrated-into-iTunes thing that's a little sketchy. I'm not sure Apple will bother blocking it, though they may rather than going to the effort of properly labeling the Pre in the UI. Leaving iTunes as is, with the device labeled as an iPod, probably isn't going to happen.

    14. Re:Poor Open Source by Anonymous Coward · · Score: 0

      1) Don't use an unstable hack to enable a feature that a very large percentage of potential users will be counting on.

      If you had not added (2), I'd have to ask what flavour of "unstable" you're complaining about. Since the other type is already covered: you don't know if it's a "hack", or unstable. It might be a 100% compatible emulation of a specific iPod, with complete bug-for-bug compatibility.

      2) Don't base a feature on a cat-and-mouse game. Especially with the likes of Apple, who are really good at that particular game.

      I'd be very surprised if Apple started updating the firmware of older iPods just because some third rate company offered a compatible device. Apple has essentially abandoned all older iPods the moment a successor was available, because selling new iPods is where the money is. But maybe there's hope and they'll charge you US$ 20 for the privilege of using the next version of iTunes.

      3) Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup. Jobs was bragging about patents in the iPhone announcement keynote, for Christ sake.

      That's your first good argument. I don't know if it has acutal merits, because I don't know if any part of the protocol is patented (it should not be patentable anyway).

    15. Re:Poor Open Source by DurendalMac · · Score: 1

      He didn't come up with that quote. He just added "patent" to it.

    16. Re:Poor Open Source by DurendalMac · · Score: 2, Informative

      I doubt it. Both of them could start firing volleys at each other, but who has more money and could keep the case tied up for a few very expensive years? Apple. They have hordes of lawyers and boatloads of cash to keep them going. Palm doesn't have nearly as much capital for that kind of job. They'd be foolish to deliberately try testing Apple's legal mettle.

    17. Re:Poor Open Source by DurendalMac · · Score: 1

      Apple may not need to put out a firmware update for older iPods. They may just need to refine the verification system. Perhaps iTunes will now scan your iPod's serial number and run an algorithm to make sure it's legit. Maybe it'll also check that serial with said algorithm to make sure it matches up with the capacity. Palm could probably crack that, but it would take time to do so and it only takes a few days and a lot of pissed off customers to lose a lot of face. iPod owners will be just fine. Palm is crazy to think that this will work for more than two weeks beyond the release date, and they're going to get their asses burned for promoting it as a feature that they should know will be short-lived.

    18. Re:Poor Open Source by Planesdragon · · Score: 1

      3) Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup. Jobs was bragging about patents in the iPhone announcement keynote, for Christ sake.

      Patents are funny things. You see, the basic idea is, by telling the US Gov't how you did it, you get an absolute monopoly on that thing for a decade and a half. But... well....

      YOU NEED TO ACTUALLY FILE A CLAIM TO GET A PATENT.

      Those things that Apple actually innovated, that they didn't just lift from Palm OS, and aren't included in the patent applications -- well, aren't covered by a patent

      And as for unfiled patents -- what's good for the goose is good for the gander. Palm likely has one or two up its sleeve as well, and if even ONE of its patents gets upheld as applicable to the iPhone, you could see the whole thing vanish in a formal patent-sharing arrangement in a week.

    19. Re:Poor Open Source by aitikin · · Score: 1

      So he's no better than the vast majority of people out there if he claims it as his own, what do I care, it's the first I've heard it and therefore, until I see the same quote (exactly) or he tells me to credit someone else, I'll credit him.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    20. Re:Poor Open Source by Anonymous Coward · · Score: 0

      How do the porcupines reproduce if they can't touch each other ?

    21. Re:Poor Open Source by pnevin · · Score: 1

      Can't tell you, it's patented

    22. Re:Poor Open Source by Anonymous Coward · · Score: 0

      Remember Palm defined this space long before Apple did

      My newton 2100 begs to differ

    23. Re:Poor Open Source by adamchou · · Score: 1

      If this was a "fight to the death", then yes, apple would probably win. However, Apple is in the business of making money. It doesn't make sense for them to continue to sue Palm only to be sued back by Palm for something else because in the end, its just going to force them to stop distributing product, pay royalties, and ultimately lose lots of money, more than just letting Palm continue on with its operations.. So Palm's CEO's use of patents is spot in, IMHO.

    24. Re:Poor Open Source by AhtirTano · · Score: 1

      And we all know Apple's competitors, such as Microsoft, would never inject more capital into a company involved in an intellectual property fight, even one guaranteed to lose.

    25. Re:Poor Open Source by Narcogen · · Score: 1

      Right now, Apple is a fairly large porcupine and Palm a fairly small one. Apple has plenty of reserve cash to throw at lawyers, far more than Palm. And ultimately I think such a battle would be perceived as Palm trying to reclaim lost glory by riding Apple's coattails. It'd be a PR black eye the longer it went on.

      Let's not forget that Apple took Microsoft to the mat with their "look and feel" suit and eventually extracted a cash payment for non-voting stock and a commitment to keep making Office at a time when the company was at their lowest ebb. Now they're fairly strong. I think Palm has a better chance of competing in the marketplace on the merits of their device than they do in the courtroom.

    26. Re:Poor Open Source by Ira+Sponsible · · Score: 1

      From the smartest human on the planet:
      How do porcupines mate?
      You asked. But don't feel bad, you're not the first.

      I don't see why people are afraid that Apple will fight the Pre iPod spoof. It just means that they have more people using iTunes, and likely buying stuff from them. These are people like me who have very little interest in iPods/iPhones but are eager to get their hands on a newer, better palm phone.
      Flipside: These could be people who have iPods but want a Pre instead of an iPhone and don't want to give up all the stuff they already bought or collected into iTunes, or just don't want to learn a new way to sync the music. But even in this case, Apple can still anticipate continued iTunes revenue, so no reason to fight the Pre.
      I just hope that iTunes is not the only method for syncing music to the device, and that media syncing on the new WebOS is much, MUCH faster than it was on older devices. It was always better to just take out the SD card and move the files directly.

      --
      1.Netcraft confirms:In Soviet Russia all your base welcomes a beowolf cluster of CowboyNeal overlords. 2.? 3.Profit!!1!
    27. Re:Poor Open Source by PriceIke · · Score: 1

      Your Newton 2100 (1997) was killed by the Palm Pilot (1996).

      Apple created the modern PDA, but Palm got it down to its correct size and eviscerated Apple's market share. By the time Apple's technology was maturing into an useful device, Palm had achieved a strong dominance and WindowsCE devices were coming up hard and fast.

      --
      It's not a lie. It's the truth with lossy compression.
  2. How Long Before Apple Files a Lawsuit? by kipin · · Score: 4, Insightful

    I can't imagine a major competitor to the Apple iPhone will be allowed to do this without a lawsuit smacking them in the face. Then again, perhaps Palm wants a lawsuit to bring additional media attention to their device.

    Seems like a risky move by Palm, their entire future most likely rests on this device. Without it succeeding the risk of Palm going under are pretty high. Might as well shoot for the fences I guess.

    --
    If I can not smoke in heaven, then I shall not go. -- Mark Twain
    1. Re:How Long Before Apple Files a Lawsuit? by sys.stdout.write · · Score: 5, Funny

      I very much doubt this was orchestrated in order to gain publicity. Never ascribe to malice what can be adequately explained by a rogue engineer who wanted his phone to work with iTunes.

    2. Re:How Long Before Apple Files a Lawsuit? by Chaos+Incarnate · · Score: 4, Informative

      They may be hit with a lawsuit, but if Palm did their job right, they'll escape scot-free same as Compaq did in the early '80s.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    3. Re:How Long Before Apple Files a Lawsuit? by moderatorrater · · Score: 1

      We could have a run-in between consumer protection laws and the DMCA. I think if it ever went to court, Palm would win since compatibility with itunes can only be a good thing for consumers.

    4. Re:How Long Before Apple Files a Lawsuit? by acklenx · · Score: 1

      How Long Before Apple Files a Lawsuit?

      Never... they won't have anyone to sue:

      I think Apple will just introduce a free Palm emulator for the iPhone (even from a third party), and sit back and watch as Palm and the Pre die a phenomenally fast death.

      iTunes on a Palm Pre is nearly insignificant at may garner a few more Pre sales.... All current Palm apps running on an iPhone will tank sales of the Pre

      iPhone + Palm apps > Pre + iTunes

      --
      Never let a mediocre career stand in the way of a good time
    5. Re:How Long Before Apple Files a Lawsuit? by darrenkopp · · Score: 1

      the only REAL way apple could sue is if they had copyright over the "sync" process. meaning around the messages they are sending. Since the pre is doing 2 way sync, they are obviously interpreting the commands that itunes is sending and doing whatever it's supposed to do. they couldn't be sued over appearing like an ipod via USB.

    6. Re:How Long Before Apple Files a Lawsuit? by anaesthetica · · Score: 4, Informative

      It's unlikely that this was the work of a 'rogue engineer.' Palm's Pre team is run by a former Apple VP who hired away Apple iPod team employees to join his new Palm Pre team. There's almost no chance that this wasn't intentional and by design, using inside information that the former Apple employees had. Apple, being famously litigious, will almost certainly try to build a case. On what basis is unclear—perhaps non-compete violations, perhaps trade secrets.

      Here's John Gruber's take on the Pre's MediaSync.

    7. Re:How Long Before Apple Files a Lawsuit? by HeronBlademaster · · Score: 1

      If they figured out the protocol "from scratch" (without inside info from ex-Apple employees) then there wouldn't be any reason for them not to be able to use the protocol.

      Then again, IANAL, so YMMV.

    8. Re:How Long Before Apple Files a Lawsuit? by Anonymous Coward · · Score: 1, Informative

      Which is why they publicly advertised this feature back at CES.

    9. Re:How Long Before Apple Files a Lawsuit? by samkass · · Score: 1

      Seems to me Apple could sue for trademark infringement. You've got a competitor's device intentionally identifying itself such that it shows up as an "iPod", which is most definitely an Apple trademark.

      --
      E pluribus unum
    10. Re:How Long Before Apple Files a Lawsuit? by leadfoot · · Score: 0

      Apple can introduce any emulator they want on the iPhone. This won't kill the Palm or the Pre. Why? For the same reason I currently don't have an iPhone. I'm a Verizon customer. When will I be able to get the iPhone on Verizon? Who knows? Now with the Pre, who cares? As the history of the Centro shows, I should be able to pick up a Verizon Pre at the end of my current contract in 2010. At that point, how many Pre apps will be available? How may ways will we be able to jailbreak the Pre and get full use out of it?

      If Apple is able to offer the iPhone on more than one network by 2010, they may just take over the U.S. market for smartphones. I don't see that happening, so the Pre and it's kind will always be an option.

      --
      "We're gonna need a bigger boat"
    11. Re:How Long Before Apple Files a Lawsuit? by Anonymous Coward · · Score: 0

      reverse engineering for interoperability! it's time it was fully challenged. I need this, my guns and my freedom of speech.

      You can keep the Change.

    12. Re:How Long Before Apple Files a Lawsuit? by 644bd346996 · · Score: 4, Insightful

      From the sounds of it, this hack isn't based off any information that can't be had with trivial USB sniffing. As others have put it, this is no more complex than changing the useragent string for your web browser.

    13. Re:How Long Before Apple Files a Lawsuit? by adf92343414 · · Score: 1

      Not on the non-compete angle - non-compete agreements are unenforceable in California.

    14. Re:How Long Before Apple Files a Lawsuit? by intheshelter · · Score: 1

      I would agree that this probably doesn't really violate any patents, it's just reverse engineering (look to the Lexmark printer ink cartridges as an example). The downside is that this foolishly ties the Palms success to third party updates by Apple to iTunes, and that is a dangerous line to walk. I don't see why Apple would get wound up about this. There is plenty of marketshare for both of them and one doesn't have to fail for the other to succeed. From a consumer standpoint (disclosure: I'm a Mac and iPhone lover and user) I think genuine competition by Palm will be good for us all because we'll get better products. That being said, Palm is risking their whole existence iTunes compatability, and sooner or later something will break and their customers will be pissed. They really have no choice, they have no media ecosystem to tap into, but over the long term they should invest in their own application to manage media/synching.

  3. Antitrust? by Guspaz · · Score: 5, Interesting

    Apple could sue, and Palm could counter-sue with antitrust claims. After all, Apple does control most of the music market via iTunes.

    I vaguely recall a lawsuit where Apple was sued for limiting the iPod to only iTunes (Apple won), but I don't think anybody has challenged the reverse (using something else with iTunes) in court.

    1. Re:Antitrust? by sys.stdout.write · · Score: 1, Informative

      In order to gain a successful antitrust verdict you need to be something of a monopoly (which iTunes and more generally Apple clearly isn't).

      There is no law that forces your products to work with other people's products - although perhaps there should be!

    2. Re:Antitrust? by larry+bagina · · Score: 3, Interesting

      Apple isn't doing anything (illegal or otherwise) to interfere or prevent other online music stores from operating. iTunes popularity is due to brand loyalty, mind share, convenience, and being first.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:Antitrust? by Albanach · · Score: 4, Insightful

      In order to gain a successful antitrust verdict you need to be something of a monopoly (which iTunes and more generally Apple clearly isn't)

      What makes you say that? A quick google search shows most sites estimate iTunes market share as between 50% and 70% of the legal downloads market. That's comfortably enough for most regulators to consider it a monopoly.

      Of course being a monopoly isn't illegal. It only becomes a problem when you try to use your monopoly in one area to create or expand a monopoly in another. Say like taking a monopoly in digital music sales and using it to help a monopoly in digital music players? Maybe or maybe not. Still, I'd be hesitant to describe Apple's digital music business as something other than a monopoly.

    4. Re:Antitrust? by bennomatic · · Score: 4, Informative

      With the removal of DRM, there's no issue of monopoly whatsoever. 70% of the market is not 100% of the market; a clever player who can work a deal could get in and take over a big chunk of that.

      The only issue before was the fact that anything you bought on the ITMS would only work on the iPod. While that sort of software-hardware vendor lock-in still does not constitute a monopoly--there are other stores that work with other devices--the removal of DRM means that you can buy from ITMS and play your files on anything. You might just have to take an extra step of importing your music into a different piece of software.

      If anyone were to take that to court and claim that this requirement constituted a monopoly, the judge would try to say, between fits of laughter, "Buy your music from a different store and use that store's music management software. Now GTF out of my courtroom!"

      --
      The CB App. What's your 20?
    5. Re:Antitrust? by Anonymous Coward · · Score: 1, Interesting

      I vaguely recall a lawsuit where Apple was sued for limiting the iPod to only iTunes (Apple won), but I don't think anybody has challenged the reverse (using something else with iTunes) in court.

      For some time blackberries can sync with itunes. Might be licensed from apple though.

    6. Re:Antitrust? by jsebrech · · Score: 1

      itunes is compatible with a number of players not made by apple: http://support.apple.com/kb/HT2172

      The catch is that these can only sync music, which is probably why palm had to fake being an ipod.

    7. Re:Antitrust? by Dare+nMc · · Score: 2, Informative

      In economics, a monopoly exists when a specific individual or enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it. Monopolies are thus characterized by a lack of economic competition for the good or service that they provide and a lack of viable substitute goods.
      Neither the lack of possible competition entering, nor 100% market share are required to be a monopoly. With apple having the ability to dictate pricing, etc for the industry. As well as the number of devices they shipped with a lack of competition for services to those devices, they easily qualify for the Monopoly label in some areas.

    8. Re:Antitrust? by Anonymous Coward · · Score: 0

      No. First the legal definition of what constitutes a monopoly isn't clear cut. At a most basic level, you only
      need to be the dominant party in the market. This alone will not be a problem, but if you start to do things
      that "raise" the barriers to entering the market, then that's a no-no. If you use your monopoly in one market
      to expand into to other markets, that's bad too.

      If you analyze the ipod / itunes markets (music players/music downloads) Apple is clearly the dominant supplier
      in both markets. Do they have monopoly power? Are they using their dominant position to raise the barriers in
      the market to increase their share of the markets?

    9. Re:Antitrust? by Anonymous Coward · · Score: 0

      Look at the players on that list, and then you should probably respond with an "Oh, I didn't realize that those are all legacy players"-type-response.

    10. Re:Antitrust? by beelsebob · · Score: 1

      No, but I don't think that's what the GP was arguing â" he was arguing that apple are doing an MS here by using their music sales monopoly to try to establish a smart phone monopoly. I don't think that holds up on any kind of close inspection though, after all, iTunes store songs are unprotected AACs that'll play on pretty much anything.

    11. Re:Antitrust? by slyn · · Score: 0, Offtopic

      Or in other words, a monopoly exists when a specific individual or company has enough marketshare or mindshare to manipulate the market itself.

      Just as you say, the "monopolies are thus characterized by a lack of economic competition for the good or service that they provide and lack of viable substitute goods." part doesn't mean that a company with 50% marketshare, or even 100% marketshare automatically is a monopoly, nor does it mean that other companies being unable to enter the market because of a companies greater consumer mindshare automatically constitutes a monopoly.

      For Apple's iPod/iTunes ecosystem to be considered a monopoly they would have to be doing things like offering discounts to vendors for not carrying other portable music players or making music bought from iTunes deliberately unplayable by other portable music players (Not an issue anymore, previously DRM was there due to labels and could be removed by burning and ripping the tracks back and forth to a CD, so maybe you could have made a case for this in the past, but now its not an issue), dictating pricing to the labels (which you may be able to argue that they have done this in the past by restricting prices to 99 cents, but amazon, napster, and all the other music sellers also have their price points set at 99 cents, as well as iTunes have variable pricing now anyways), or possibly by locking iTunes down to only provide syncing functionality to the iPod.

      Since Apple has done none of those (yet), I think the internets are making a mountain out of a molehill. That being said, if I were Apple I _would_ lock out the Pre from imitating an iPod/iPhone, *with* the solution being that I make a simple open API for devices to sync with iTunes. Why? Apple prevents the potentially buggy workaround solutions to syncing with iTunes, and if all of the sudden 1 gillion mp3 players/phones come out with iTunes syncing support, iTunes becomes more of a standard for music/contact/calendar etc synchronization than it already is because of iPods, and its install base grows larger than it already is. Consumers can still then buy their music from other players, but given the chance to have the all in one solution of buying and syncing all your media and information from one source most people (or at least the non-technical masses) would probably stick with the integrated solution of the iTunes store. It would end up being a tie for Apple, more people use iTunes and the iTunes store at the expense of the iPod not being the only (sortof) hardware that can sync with iTunes, but for everyone else (the 3rd party vendors and the consumers), its a win/win situation.

    12. Re:Antitrust? by 99BottlesOfBeerInMyF · · Score: 1

      I vaguely recall a lawsuit where Apple was sued for limiting the iPod to only iTunes...

      Umm, you can't use iPods with other music services and software? Since when?

      ...I don't think anybody has challenged the reverse (using something else with iTunes) in court...

      I don't even understand what antitrust use you're alleging. Please reference the market you think Apple has monopolized and the secondary market you're thinking someone could sue Apple for undermining. Please make sure you differentiate the iTunes software from the ITunes Music Store in defining your market.

    13. Re:Antitrust? by kelnos · · Score: 1

      There is no law that forces your products to work with other people's products

      No, but is there a law that says you're allowed to use legal means to prevent other products from interoperating with your software? (Sigh, probably...)

      --
      Xfce: Lighter than some, heavier than others. Just right.
    14. Re:Antitrust? by Yaztromo · · Score: 1

      What makes you say that? A quick google search shows most sites estimate iTunes market share as between 50% and 70% of the legal downloads market.

      But a monopoly in what? Not in the music that is being purchased -- the same songs are available from a wide variety of sources, including a significant number of other online stores, and from more traditional media retailers.

      To turn this into a car analogy, if your town has 20 car dealerships, but one of them does between 50% and 70% of sales in your town, does that make them a monopoly? Absolutely not.

      Apple doesn't have a position where it controls the actual end product; in this case the music itself. The fact that a large percentage of people seem to like their integration better doesn't rise to the level of forming a monopoly -- they just have a better product than their competition for the majority of consumers. That's not "monopoly", that's just good business.

      Yaz.

    15. Re:Antitrust? by Mr2001 · · Score: 2, Informative

      For Apple's iPod/iTunes ecosystem to be considered a monopoly they would have to be doing things like offering discounts to vendors for not carrying other portable music players or making music bought from iTunes deliberately unplayable by other portable music players [...] or possibly by locking iTunes down to only provide syncing functionality to the iPod.

      Incorrect. Those are the sort of things that could get them in trouble once they already had a monopoly -- leveraging their music monopoly into a hardware monopoly. Having a monopoly in the first place isn't illegal; using your monopoly position to block potential competitors is.

      --
      Visual IRC: Fast. Powerful. Free.
    16. Re:Antitrust? by larry+bagina · · Score: 0, Troll

      Apple doesn't dictate music prices, retard. The RIAA does.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    17. Re:Antitrust? by DrgnDancer · · Score: 1

      You've got a real chicken and egg problem with using entanglement arguments on the iPod:iTunes front. First, it pretty arguable whether Apple really has a monopoly in either sphere. They've got a big chunk of both markets, but nowhere close to 100%. Second, it would be really hard to determine whether the iPod's dominance in the player market brought about the iTunes dominance of the online music market or vice-versa. Really I don't think either would have happened without the package.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    18. Re:Antitrust? by slyn · · Score: 1

      Incorrect. Those are the sort of things that could get them in trouble once they already had a monopoly -- leveraging their music monopoly into a hardware monopoly. Having a monopoly in the first place isn't illegal; using your monopoly position to block potential competitors is.

      Though this is true in the literal sense, most people associate the word monopoly not with a company that has a large marketshare but with a company that has antitrust violations, when in reality the two are different things, granted one usually follows the other.

    19. Re:Antitrust? by m50d · · Score: 1
      Apple isn't doing anything (illegal or otherwise) to interfere or prevent other online music stores from operating.

      They're using their own proprietary DRM format for the ipod and refusing to license it to anyone else. (Seriously, real asked them; it wasn't even a question of "more money than you've got", it was simply "we're not licensing it"). Seems to me to be very much like MS using secret APIs to make office run faster than lotus.

      --
      I am trolling
    20. Re:Antitrust? by Anonymous Coward · · Score: 0

      Look cheaper than suing, Apple can just patch it which forces Palm to patch it if they ever offer this as a feature because their users will cry if they don't. Repeat this over and over plus in between wipe out a Pre or two in the process. The loser will most definitely be Apple. Palm should focus on getting Sync software working on all platforms and let Amazon handle their Music needs.

    21. Re:Antitrust? by Anonymous Coward · · Score: 0

      It's nice that music from ITMS can play on anything, but if Apple were interested in interoperability at all I could sync any music player with iTunes, or conversely sync my iPod with any software I choose. Sadly Apple seem to be making quite an effort specifically to prevent this, so it would seem they aren't as friendly as many try to make out.

      And Windows has only 90% of the computer market, not 100%, so does that mean it's also not a monopoly?

    22. Re:Antitrust? by intheshelter · · Score: 1

      I think you're confusing things a bit here. There is no law against a monopoly. None. There are only laws against activity designed to stifle competition to maintain or grow the monopoly. Like them or not, Apple EARNED their current market share with iTunes, and there is nothing illegal about it. Palm can sue if Apple does something to illegally stifle competition, but they can't sue just because Apple has a dominant market share in online music distribution.

    23. Re:Antitrust? by intheshelter · · Score: 1

      There is nothing illegal in that, and this was already addressed by Jobs at one time when someone asked him about licensing it. He said that if they license it then they would have to consult with ALL of their license partners before they made a change to it. Suddenly they can't change their own product without the permission of everyone else, and on everyone else's timelines.

      Let's just remember the DRM is mandated by the content providers in order for iTunes to have content to sell to consumers. No DRM, no content. Now they have DRM free music, but the foolish studios still want video locked down. Your analogy of MS using secret APIs isn't valid because no one forced MS to use the APIs, MS did it themselves to stifle competition. Content providers are forcing Apple to use DRM, it isn't Apple's choice.

    24. Re:Antitrust? by m50d · · Score: 1
      There is nothing illegal in that

      Matter of opinion. It seems anticompetitive to me.

      Your analogy of MS using secret APIs isn't valid because no one forced MS to use the APIs, MS did it themselves to stifle competition. Content providers are forcing Apple to use DRM, it isn't Apple's choice.

      MS had to use some API, just as Apple had to use some DRM. MS chose to not make their API available to anyone else to stifle competition, just as Apple chose to not make their DRM available to anyone else to stifle competition. (Contrary to the popular myth, Apple makes a substantial profit from iTMS - just look at their shareholder statements).

      --
      I am trolling
    25. Re:Antitrust? by intheshelter · · Score: 1

      There is nothing illegal in that Matter of opinion. It seems anticompetitive to me.

      It's not a matter of opinion. Apple doesn't have to share their DRM scheme. Much like Ford does not have to license their engine design, or Boeing doesn't have to license their wing design. If the other companies want to compete Apple is not stopping them from building a better mousetrap to compete. Apple can't legally stifle competition , but they certainly are not obligated to help competitors build a better product.

      MS had to use some API, just as Apple had to use some DRM. MS chose to not make their API available to anyone else to stifle competition, just as Apple chose to not make their DRM available to anyone else to stifle competition. (Contrary to the popular myth, Apple makes a substantial profit from iTMS - just look at their shareholder statements).

      The problem with that analogy is the secret MS APIs hindered others ability to run as fast (or not at all) on the OS itself, but Apple refusing to license their DRM doesn't prohibit a vendor from building their own app and media store that runs on the OS. Or, they did not hinder other media files from playing in iTunes. It's an apples to oranges comparison.

      It also seems the part you conveniently ignored is the part where Jobs explained why they don't license the DRM.

    26. Re:Antitrust? by m50d · · Score: 1
      Apple doesn't have to share their DRM scheme. Much like Ford does not have to license their engine design, or Boeing doesn't have to license their wing design.

      Bad analogy - an engine is a part of a car, wheras a music player and the music on it are fundamentally distinct products. And neither of the companies you mention are in a monopoly position.

      Apple refusing to license their DRM doesn't prohibit a vendor from building their own app and media store that runs on the OS. Or, they did not hinder other media files from playing in iTunes.

      Huh? Apple refusing to license their DRM does prevent other vendors' music playing on the ipod. (Heck, when real did figure out a way to run their own DRM scheme on the ipod, Apple immediately issued a bogus "security update" to prevent it.) It's absolutely the same thing as MS blocking competitors' apps running on their OS.

      It also seems the part you conveniently ignored is the part where Jobs explained why they don't license the DRM.

      I ignored it because even if I believed him, it's irrelevant.

      --
      I am trolling
  4. Silly Apple, silly Palm by avm · · Score: 5, Interesting

    Silly Apple, if it only identifies its devices via a USB identifier, but interacts with them in standard, easily emulated ways, all the while going for the exclusivity angle.

    Silly Palm, for thinking Apple will take this lying down. But kudos for the balls to do it anyway.

    1. Re:Silly Apple, silly Palm by plazman30 · · Score: 1

      If the Pre is emulating an older iPod of some kind and is doing it 100%, then there is little Apple can do to block it, without issuing a firmware update for the entire line of iPods.

      Of course this does open the floodgates for Creative and Sandisk to have an "iTunes Compatability Mode"

    2. Re:Silly Apple, silly Palm by 99BottlesOfBeerInMyF · · Score: 1

      If the Pre is emulating an older iPod of some kind and is doing it 100%, then there is little Apple can do to block it, without issuing a firmware update for the entire line of iPods.

      RTFA. The Pre emulates an iPod in "media mode" while still correctly identifying itself as a generic device, making this easy for Apple to block with a simple update to iTunes.

    3. Re:Silly Apple, silly Palm by ksheff · · Score: 1

      Do we know that this isn't being done with Apple's knowledge and support? The assumption is that it is, but Palm could have paid Apple, gave them the right to use one of Palm's patents, or something else in order to allow the Pre to sync with iTunes.

      --
      the good ground has been paved over by suicidal maniacs
  5. Apple cannot block and it's not illegal by SuperKendall · · Score: 5, Interesting

    Two points:

    1) This is impossible for Apple to block. If according to USB it's an iPod, how can Apple distinguish? They can try to see if any little details are missing, but in the end any probing they do can easily be met by Palm.

    Nor is it even unsafe, because the code to support older iPods is pretty stable and will not change over time - the older iPods will always be supported.

    2) I'm pretty sure Apple sill not sue. What legality is there around USB identifiers? Nothing. The only hook there is the Apple string in the ID, but I don't think it's enough to put a case around. Why bother with the expense of a suit.

    It's a clever idea from Palm and I applaud them for it.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      But Palm wont be able to certify their device as USB unless the hack is an aftermarket hack.

    2. Re:Apple cannot block and it's not illegal by geekoid · · Score: 1

      They are pretending to be an Apple device. I don't think that's legal.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Apple cannot block and it's not illegal by uglyduckling · · Score: 3, Informative

      Well, if you read the article you would see that "the root USB node (IOUSBDevice) still identifies the device as a Palm Pre", therefore it appears that there are checks that could be put into the next version of iTunes to block this. If Apple were a bit smarter, they would make iTunes available for 50 quid for non-iPod devices.

    4. Re:Apple cannot block and it's not illegal by LizardKing · · Score: 5, Informative

      They are pretending to be an Apple device. I don't think that's legal.

      This computer is claiming to be an IBM PC. IBM sued. IBM lost.

    5. Re:Apple cannot block and it's not illegal by dark_requiem · · Score: 1

      Apple could probably block this fairly easily, actually, without breaking support for any of their own products.

      1.)Release new version of iTunes that checks specifically for the Pre.
      2.)Release new firmware for existing iPods to ensure they work with the new version of iTunes.
      3.)Require a firmware update in order to work with the current version of iTunes.
      4.)Require a current version of iTunes in order to access the iTunes store.

      And just like that, we have a new version of iTunes that's incompatible with the Pre, which iPod owners need to use in order to access the store. Yes, Palm can release an update to re-enable compatibility with iTunes (depending on how Apple chose to handle the software/firmware changes, this could be trivial or difficult), but that seriously hurts one of their big selling points for the Pre, namely that it's iTunes compatible. No one wants a devices whose functionality breaks every few weeks (queue the Microsoft jokes).

    6. Re:Apple cannot block and it's not illegal by insanius · · Score: 1, Informative

      You are pretending to be an authority. I don't think you know the law.

    7. Re:Apple cannot block and it's not illegal by iluvcapra · · Score: 1

      This is impossible for Apple to block. [...] Nor is it even unsafe, because the code to support older iPods is pretty stable and will not change over time - the older iPods will always be supported.

      As Jon points out in TFA, the Pre still identifies itself as a Pre on it's root device node, even when it's in Media Sync mode, so it's trivial to block, it only requires Apple do so.

      More broadly, Apple can make any scheme like this very difficult for a lot of people for a very long time, enough to make the feature impractical for casual use, which is the whole principle of DRM anyways. Apple can push firmware updates to the old iPods and make the old owners upgrade before moving on to iTunes 9, or iTunes 8.1.1.2, or whatever, but it's true they can't make people upgrade their iTunes, as long as they just use it as a jukebox and don't need the services, like the Store. But if you're throwing that overboard, why don't you use a different jukebox that actually supports the Pre legit? Like, as Jon says, MediaTwist.

      --
      Don't blame me, I voted for Baltar.
    8. Re:Apple cannot block and it's not illegal by Xtifr · · Score: 4, Insightful

      There was an earlier case involving game carts and embedded trademarked identifiers where it was ruled that another company was allowed to use a particular trademark embedded in ROM because it was required to enable the full functionality of the game machine. So using your trademarked name as a "magic number" will not prevent others from connecting to your device or software legally. Once you use the trademark for a purpose other than identifying your business or product, it may become fair game in that other context.

      If they were misrepresenting themselves to USERS as an Apple device in order to make sales (like the famous "Rollex Watch"), then they'd be in big trouble, but if all they're doing is misrepresenting themselves to the machine in order to get around some technical limitations of the software, then they should be fine.

    9. Re:Apple cannot block and it's not illegal by Mordok-DestroyerOfWo · · Score: 3, Funny

      I agree with you completely! On a completely unrelated topic...what is a quid? Is it a type of bird?

      --
      "Never let your sense of morals prevent you from doing what is right" - Salvor Hardin
    10. Re:Apple cannot block and it's not illegal by Chaos+Incarnate · · Score: 4, Insightful

      And Apple's computers pretend to be running "Windows NT 4.9 Server" over a Windows network. It's not exactly out-of-the-ordinary.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    11. Re:Apple cannot block and it's not illegal by harryandthehenderson · · Score: 4, Interesting

      Have any laws or court rulings to show this? How would this be any more illegal than having Opera show that it's Internet Explorer?

    12. Re:Apple cannot block and it's not illegal by bluefoxlucid · · Score: 1

      And if the users were smarter than your average Brit, they'd go to Amazon and buy the music for the same price, sans 50 quid. I guess Americans inherited their brilliance from somewhere...

    13. Re:Apple cannot block and it's not illegal by idontgno · · Score: 1

      2) I'm pretty sure Apple sill not sue. What legality is there around USB identifiers? Nothing.

      Yet. Apple has sufficient confidence in its litigation tactics to bet a little on the chance of creating by judicial action a new legally-protected pseudo-category of the ever-nebulous legal entity called "Intellectual Property" for Apple-distinctive technical identification data. Especially if they can paint Palm's methods as a circumvention device (irrespective of which copyrights are having their protection "circumvented").

      Why bother with the expense of a suit.

      At the minimum, it tosses hurdles and delays in Palm's way, especially if they can finesse injunctions or an entire appeals sequence out of this. At maximum, they can extend some kind of binding IP protection to technical interface data distinctive to Apple hardware and software, sealing their hegemony. Apple has a good legal team, and those are like swords: once drawn, they become rusty unless used.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    14. Re:Apple cannot block and it's not illegal by harryandthehenderson · · Score: 3, Funny
    15. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      They aren't pretending to be apple... they're just answering a query with the expected response.

      When you hardcode / lock your software to only work with one answer, then reverse engineering that answer, and emulating it is perfectly legal.

    16. Re:Apple cannot block and it's not illegal by idontgno · · Score: 1

      what is a quid? Is it a type of bird?

      Let me wiki that for you.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    17. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      They are pretending to be an Apple device. I don't think that's legal.

      Just like Apple's Safari is pretending to be Netscape. Neither is trying to fool consumers (which is what trademarks are all about). They are just trying to work with stupidly written software that refuses to talk to you unless you say you are from Apple/Netscape/etc.

    18. Re:Apple cannot block and it's not illegal by Late+Adopter · · Score: 4, Informative

      Sega v. Accolade protects trademark infringement that is necessary for the purpose of interoperability:

      Because the TMSS has the effect of regulating access to the Genesis III console, and because there is no indication in the record of any public or industry awareness of any feasible alternate method of gaining access to the Genesis III, we hold that Sega is primarily responsible for any resultant confusion.

      http://digital-law-online.info/cases/24PQ2D1561.htm

    19. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Thats not specifically Apple. Thats just Samba.

    20. Re:Apple cannot block and it's not illegal by gnasher719 · · Score: 1

      1) This is impossible for Apple to block. If according to USB it's an iPod, how can Apple distinguish? They can try to see if any little details are missing, but in the end any probing they do can easily be met by Palm.

      If I was Apple, and I intended to be nasty: I would find exactly what iPod model the Pre pretends to be (should be trivial). Next, iTunes checks all the time whether your iPod needs any new software. So Apple fixes a few bugs in that iPod model. Next time you connect your iPod to iTunes, its firmware gets updated. Next time you connect your Pre to iTunes, well, iTunes attempts to install iPod software on a Pre and I have no idea how happy the Pre will be with that :-(

      Obviously I wouldn't do this right now, I wait until the first million Pres are sold. If Palm doesn't sell a million of them, I wouldn't bother.

    21. Re:Apple cannot block and it's not illegal by prockcore · · Score: 1, Insightful

      1.)Release new version of iTunes that checks specifically for the Pre.

      iTunes isn't done until Pre won't run?

      The only thing more sickening than Apple's anti-competitive tactics is their users cheering them on.

    22. Re:Apple cannot block and it's not illegal by DoofusOfDeath · · Score: 2, Insightful

      They are pretending to be an Apple device. I don't think that's legal.

      This computer is claiming to be an IBM PC. IBM sued. IBM lost.

      The DMCA didn't exist then, and syncing a Pre with iTunes can be seen as breaking a functional copyright enforcement device.

    23. Re:Apple cannot block and it's not illegal by jackbird · · Score: 1
      Especially if they can paint Palm's methods as a circumvention device (irrespective of which copyrights are having their protection "circumvented").

      I thought the garage door opener DMCA case (as well as the DMCA's own interoperability clause) settled this issue already vis a vis DMCA violations.

      I also don't see anything about the Pre being able to play DRMed .m4a files, which would be more dangerous ground to tread.

    24. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Yeah, but I still use iTunes (I'm sorry, but as a mature product it really is one of the absolute best for managing media, any media) to manage music from Amazon. Doesn't really resolve that issue. The funny thing is, this is precisely the problem Mac users used to have BEFORE the iPod; getting players to show up as anything but an external drive was a pain! That said though, I am all for an open standard on this stuff. It would make everyone's lives easier.

    25. Re:Apple cannot block and it's not illegal by DdJ · · Score: 4, Informative

      Nor is it even unsafe, because the code to support older iPods is pretty stable and will not change over time - the older iPods will always be supported.

      But iPods can get firmware updates.

      The older iPods will always be supported. But do you know what happens if you plug in a first generation iPod right now and don't permit iTunes to update its firmware?

      All Apple has to do is put out firmware updates for all the legacy iPods (which they really have done in the past) and require those upgrades for iTunes to continue working. Apple can block this if they want to.

      Which is kinda stupid on Palm's part, IMO.

      You can use iTunes with other MP3 players -- I have several that still work with it. If iTunes sees a driver for your music player, it'll work with it. Palm could have done whatever they wanted and distributed a driver for their device, or they could have emulated a non-Apple device for which iTunes already had a driver (eg. Diamond Rio), which Apple doesn't have the freedom to require firmware updates for. I can understand why they didn't do the former -- they want users to be able to just plug in the devices and have them work, rather than installing device drivers. But I think it was unnecessarily risky to spoof an Apple device.

    26. Re:Apple cannot block and it's not illegal by SuiteSisterMary · · Score: 2, Informative

      Next time you connect your Pre to iTunes, well, iTunes attempts to install iPod software on a Pre and I have no idea how happy the Pre will be with that :-(

      Well, the Pre will just respond with 'sure, upload the new firmware!' and pipe it over to the Pre equivalent of /dev/null. Then it will respond with the 'upgrade worked! Thanks alot!' code.

      Or, worst comes to worst, a simple update to the Pre allows it to emulate the new and improved firmware version.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    27. Re:Apple cannot block and it's not illegal by prockcore · · Score: 2, Informative

      The DMCA has exceptions for interoperability.

    28. Re:Apple cannot block and it's not illegal by sunderland56 · · Score: 1

      Well, the Pre will just respond with 'sure, upload the new firmware!' and pipe it over to the Pre equivalent of /dev/null. Then it will respond with the 'upgrade worked! Thanks alot!' code.

      I sure hope so. If the Pre takes the firmware update and burns it into the Pre firware flash, there are going to be a lot of extremely pissed Pre owners....

    29. Re:Apple cannot block and it's not illegal by DdJ · · Score: 4, Informative

      1) This is impossible for Apple to block. If according to USB it's an iPod, how can Apple distinguish?

      You didn't read all the links in the article.

      It's not the case that it's an iPod according to USB. That's not what Palm did.

      It's a USB device with an array of sub-devices. The mass storage portion claims to be an iPod mass storage device... but if you look at the whole tree, you can see that it's connected via a Palm device.

      The Pre does not pretend to be an iPod instead of a Pre. It pretends to be a Pre with an iPod inside it. Even easier for Apple to block than I had thought, if they care at all.

    30. Re:Apple cannot block and it's not illegal by PJ1216 · · Score: 1

      Do you think Apple wants a bunch of calls from Pre users? Do you think there aren't a whole lot of them who don't know or don't care that Apple isn't responsible for it? All the users will know is that Apple purposely broke a certain functionality of their phone on purpose. That'll be awesome for Apple's PR team.

    31. Re:Apple cannot block and it's not illegal by WiiVault · · Score: 1

      Sure Palm can hack it again and again and again. But do you really think that their customers would put up with the hassle of having sync break every few weeks? Apple doesn't have to make iTunes impossible to sync with, just a big enough pain to keep Palm customers annoyed. Its a smart idea, but will go the same way as when Real tried it.

    32. Re:Apple cannot block and it's not illegal by ailnlv · · Score: 0

      1) This is impossible for Apple to block. If according to USB it's an iPod, how can Apple distinguish?
      Public Key Encryption?

    33. Re:Apple cannot block and it's not illegal by aaarrrgggh · · Score: 2, Interesting

      No, that was the genius of everything; they are only syncing non-DRM music (since they can't decode FairPlay), and anything Palm is doing should come under the interoperability banner.

      I'm all for interoperability, but I do worry a little when less-elegant players try to do the same as Palm.

      Apple's only (obvious) option is to encode everything in FairPlay as it goes to the 'iPod.'

    34. Re:Apple cannot block and it's not illegal by captainbeardo · · Score: 1

      What about basic trademark infringement? It is for sure illegal for another company to pretend to be some other company, especially through the use of its name. Who's to say that the same can be said of a device. That the device is made by Palm is pretending to be a device made by Apple and hence infringing upon the trademark by Apple and devaluing Apple's brand. My vote is that there will be a lawsuit, how it ends up is anybody's guess.

    35. Re:Apple cannot block and it's not illegal by idontgno · · Score: 1

      Well, early on, I thought that the DMCA interoperability exception was pretty much an ironclad safeguard to reasonable "circumvention". I've come to think considerably less of it, since it never seems to stop or prevent litigation. Over and over, cases keep coming before the courts that are clearly legitimate exercises in interoperability engineering, and it's just a matter of time before some dumbass court decides interoperability isn't so important after all.

      It's not a settled issue, and it never will be, as long as there exists the chance that one court can be persuaded to set aside precedent and the word of the law in favor of a copyright holder.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    36. Re:Apple cannot block and it's not illegal by maxume · · Score: 3, Funny

      I take it you thought the virus in Independence Day was awesome?

      --
      Nerd rage is the funniest rage.
    37. Re:Apple cannot block and it's not illegal by X0563511 · · Score: 1

      This isn't a hack. This would be like changing your Firefox UA string to read as IE. Wow, that was a clever little hack there!

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    38. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Apple knew this was coming. This is exactly why they started encrypting the database on newer iPods and iPhones. Like you said, they can't do shit about devices imitating older iPods, but if Palm ever tries to add support for features only supported on those new devices, Apple could claim DMCA anti-circumvention and get back at that evil traitorous rat bastard Jon Rubenstein who dared to leave the fold!

      Ahem. I wonder if Apple would have given a crap if it weren't one of their former execs doing this.

    39. Re:Apple cannot block and it's not illegal by bobbagum · · Score: 1

      That would cost too much in processor time just to encode/DRM the file that's going to the iPod, but it's possible in the future since you're not supposed to be able to copy things of iPod anyway. But still, there's nothing stopping people from dragging the non-DRMed files to something that's connected as USB masss storage

    40. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      You tell 'em, Slick!

    41. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      This computer is claiming to be an Apple Computer. Apple sued. Apple won.

    42. Re:Apple cannot block and it's not illegal by changa · · Score: 1

      The Pre can go "Sure, give me that update...." as it ignores it and moves on with life.

    43. Re:Apple cannot block and it's not illegal by changa · · Score: 1

      Thats about as likely as a Sandisk Sansa trying to install an iPod firmware.

    44. Re:Apple cannot block and it's not illegal by changa · · Score: 1

      Palm may wave it's patent portfolio over Apples head to back off.

    45. Re:Apple cannot block and it's not illegal by bucky0 · · Score: 1

      That case would be Sega v Accolade

      --

      -Bucky
    46. Re:Apple cannot block and it's not illegal by Voyager529 · · Score: 1

      This was stated before, and someone answered it very well. To summarize, what you're talking about isn't what trademark law refers to. Trademark law makes selling fake Coach/Prada/Vuitton purses on a street corner illegal, because they are trying to convince the customer that they're selling something authentic when it is not. Palm doesn't have an Apple logo on their phone, it is being distinctly sold as a Palm phone. Only the computer is tricked; most customers will never see the VID string.

    47. Re:Apple cannot block and it's not illegal by kelnos · · Score: 1

      Apple ships it, therefore they'd be liable for it if it actually was a problem.

      --
      Xfce: Lighter than some, heavier than others. Just right.
    48. Re:Apple cannot block and it's not illegal by rusty_rusty_rusty · · Score: 1

      Two points:

      1) This is impossible for Apple to block. If according to USB it's an iPod, how can Apple distinguish? They can try to see if any little details are missing, but in the end any probing they do can easily be met by Palm.

      Nor is it even unsafe, because the code to support older iPods is pretty stable and will not change over time - the older iPods will always be supported.

      It seems to me that this would be pretty easy for Apple to block, once and for all. Before syncing, iTunes could simply check for the presence of a specific text file at the root level of the iPod, and then it could check that the contents of that file matched the contents iTunes expects to be in that file. The contents of this file could be several lines of written text that have been copyrighted by Apple so that it would not be legal for another company to distribute this file on their device. Apple could install this file on all iPods via a firmware update.

    49. Re:Apple cannot block and it's not illegal by mzs · · Score: 1

      Specific listed exceptions that the FCC adds or removes to every so often. This is not one of them, stupid DMCA.

    50. Re:Apple cannot block and it's not illegal by joNDoty · · Score: 1

      This is impossible for Apple to block.

      According to the article, "The root USB node (IOUSBDevice) still identifies the device as a Palm Pre...This means that Apple can very easily update iTunes to block the Pre."

      They can try to see if any little details are missing, but in the end any probing they do can easily be met by Palm.

      So what you're saying is that if Apple blocks it, Palm can counter? That much is true. It'd be the same cat-and-mouse game that we see in jailbreaking phones today or in circumventing DRM.

    51. Re:Apple cannot block and it's not illegal by Facegarden · · Score: 1

      ... If Apple were a bit smarter, they would make iTunes available for 50 quid for non-iPod devices.

      Haha, what? That is ridiculous. I'm no fanboy, but when it comes to business tactics, apple is incredibly smart (see their market share on media players, as well as the computer prices they get away with for reference). I'd like to see you take over a multi-billion dollar market with ideas like that!

      Why on earth would they want $50 from someone when they will make far more if that person gives in and buys an ipod? They have the VAST majority of the market, and that keeps people buying their hardware. And not just a one time $50 license, but many iPod owners upgrade ipods every few years. That is a recurring income that adds up to WAY more than $50. I wish other devices worked with iTunes, but I sure as hell don't think they're dumb for not allowing that.

      Apple's worst nightmare is that the general populace becomes aware of other good MP3 players, they will NEVER open up itunes, or if for some reason they do, it sure as hell won't be just to make a quick buck on a license.

      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
    52. Re:Apple cannot block and it's not illegal by tepples · · Score: 3, Informative

      The DMCA didn't exist then

      Chamberlain v. Skylink, 381 F.3d 1178 (Fed. Cir. 2004), and Lexmark v. Static Control Components, 387 F.3d 522 (6th Cir. 2004), were decided in 1994 after the DMCA was passed, both times in the cloner's favor.

    53. Re:Apple cannot block and it's not illegal by R3d+M3rcury · · Score: 1

      ...and, I believe, Safari has a "Pretend I'm Internet Explorer" mode.

    54. Re:Apple cannot block and it's not illegal by mpcooke3 · · Score: 1

      Apple can't block it on the current version of itunes, but they could change the handshaking/syncing code in every upgrade to itunes. And boy does that app get frequent updates!
      If necessary they could even force firmware updates onto ipods if people wish to sync with the latest version of itunes.

      In fact apple could even break the palm integration unintentionally.

    55. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Support problems are a good point.

      The first support call Apple gets from a Pre user should be answered like this: Palm has chosen to misrepresent the Pre as an Apple device in order to use iTunes software. We have chosen not to dispute this. However, we accept no responsibility for music that may be lost because of an iTunes software upgrade. You are on your own.

    56. Re:Apple cannot block and it's not illegal by rsborg · · Score: 1

      iTunes isn't done until Pre won't run?

      The only thing more sickening than Apple's anti-competitive tactics is their users cheering them on.

      Sickening? Really? Since when is iTunes a monopoly? The only thing that's sickening is the weak analogy you presented that somehow Apple == Microsoft.

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    57. Re:Apple cannot block and it's not illegal by giminy · · Score: 1

      2) I'm pretty sure Apple sill not sue. What legality is there around USB identifiers? Nothing. The only hook there is the Apple string in the ID, but I don't think it's enough to put a case around. Why bother with the expense of a suit.

      Wrong. USB Identifiers are controlled by USB Implementor's Forum, Inc.

      The USB logo and USB trademark are only allowed to be used by entities in compliance with the USB Implementor's Forum agreements (see the Vendor agreement here). One of those agreements is that you (the displayer of the logo and user of the trademarks) are not allowed to spoof another entity's Vendor ID.

      This means that Palm lost their right to display the USB logo on their product, and that they are not allowed to claim USB compliance. This in turn may mean that anyone buying a Pre for its advertised USB support may be allowed to file a suit against Palm for misrepresenting their product.

      --
      The Right Reverend K. Reid Wightman,
    58. Re:Apple cannot block and it's not illegal by immcintosh · · Score: 1

      If that were the case it wouldn't be APPLE who would have grounds to sue, it would be the rights owners of the copied data, i.e. record companies. There is nothing of which APPLE is the copyright owner being copied at all here, so explain again how they would find grounds to sue under the DMCA?

      Furthermore, the Pre can't play Apple's DRM format as far as I'm aware, so we could only possibly be talking about non-DRM'd music here in the first place...

    59. Re:Apple cannot block and it's not illegal by immcintosh · · Score: 1

      Anti-competitive does not equate to monopoly. And for that matter, Microsoft hardly has a monopoly on anti-competitive behavior...

    60. Re:Apple cannot block and it's not illegal by eples · · Score: 3, Insightful

      That's not entirely accurate. In the case you may be referring to, the accused had literally copied copyrighted code and re-used it in their product.

      Apple v. Franklin (1983)

      Palm didn't copy Apple's code in this instance. You're comparing oranges and fish.

      --
      I'm a 2000 man.
    61. Re:Apple cannot block and it's not illegal by jackchance · · Score: 1
      A bit off topic but even though i don't love the DRM of iTunes, i prefer 128 bit AAC over 320 mp3. I don't need better sound quality than 128 bit AAC, all my devices play AAC, and I don't want to waste the space on my iPhone or iPod with larger music files.

      Is that so wrong?

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    62. Re:Apple cannot block and it's not illegal by Espectr0 · · Score: 1

      1) This is impossible for Apple to block.

      This is very easy to block. You are thinking in the other way, how to make itunes detect the pre. Rather, they can validate more throughly how to confirm that it is actually an ipod. Very easy: just read the device's firmware. Of course, nothing stops Palm from reverse engineering this and play a cat and mouse game.

    63. Re:Apple cannot block and it's not illegal by Lieutenant_Dan · · Score: 1

      Sorry, I read it and I just have a couple of questions.
      a) was Accolade forced to recall all their cartridges?
      b) there's a lot about fair use and Sega preventing competitors. How does Nintendo, MS and Sony deal with their licensing right now? How can they be forced to only go through the console manufacturers to have the necessary keys to play on the device?

      The "sweat of the brow" argument for recouping R&D costs didn't seem to hold water in appeal court.

      A couple of entries I found doesn't really expand on what the consequences were for the market in general:
      http://en.wikipedia.org/wiki/Sega#Sega_versus_Accolade
      Here it states that Accolade won the appeal but yet reached a deal with Sega, http://en.wikipedia.org/wiki/Accolade_(company)

      --
      Wearing pants should always be optional.
    64. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Is that so wrong?

      Yes! Apple no longer sells 128 bit DRMed AAC files. They now sell 256 bit non-DRM AAC files.

    65. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      I think that making it look like an iPod supports a strong trade dress claim.

    66. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Except that it also shows up in iTunes as an iPod. I don't really know the magic number cases, but aren't they distinguishable on the basis that just enabling the functionality doesn't confuse the user about the brand of the product, whereas in this case, a side effect of enabling the functionality is that the Pre is identified to the user as an Apple-branded iPod?

    67. Re:Apple cannot block and it's not illegal by Tokerat · · Score: 1

      This isn't a hack. This would be like changing your Firefox UA string to read as IE. Wow, that was a clever little hack there!

      ...except that it's against USB spec to do this, according to peripheral compliance (PDF link, as others have mentioned). Use your own Vendor ID, or don't develop for USB.

      While it might not technically be illegal so far as anything Apple can do about it, it may be a breach of contract with the USB Consortium. It's certainly out-of-spec. While web users are used to all the garbage out there (content AND protocol), the hardware guys are a little more gung-ho about making sure it works as designed, and with good reason!

      --
      CAn'T CompreHend SARcaSm?
    68. Re:Apple cannot block and it's not illegal by Tokerat · · Score: 1

      Ink cartridges from the original manufacturer don't have any protection against printing plagiarized copies of works, either. Therefore, the DMCA wouldn't apply because no one reversed-engineered anything with the purpose of getting around an engineered blockade to content duplication.

      Depending on the abilities of the device, this MAY be a little different, but since the iTunes software itself doesn't let you sync from iPod->iTunes, I think everyone is OK on that front.

      --
      CAn'T CompreHend SARcaSm?
    69. Re:Apple cannot block and it's not illegal by someonehasmyname · · Score: 1

      but Palm's Pre is programmed to claim that it's an 'Apple iPod'. Is there anything legally wrong with that, such as using one of Apple's trade marks, etc??

      --
      Common sense is not so common.
    70. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Maybe... but if you were an ex-Apple employee which way would you go?

    71. Re:Apple cannot block and it's not illegal by morgan_greywolf · · Score: 1

      The FCC has no jurisdiction to "add" or "remove" anything from the DMCA.

    72. Re:Apple cannot block and it's not illegal by morgan_greywolf · · Score: 1

      The only thing that's sickening is the weak analogy you presented that somehow Apple == Microsoft.

      First off, when the Microsoft mantra "DOS isn't done until Lotus won't run" was chanted in the halls of Microsoft, they were NOT a monopoly, and yes, they were being anti-competitive.

      Nobody is accusing Apple of being a monopoly. But being anti-competitive is just as evil.

      Your problem is that you are confusing "legality" with "morality". The two words are not synonymous.

    73. Re:Apple cannot block and it's not illegal by mzs · · Score: 1

      You're right it's not the FCC but rather the LOC:

      http://www.copyright.gov/1201/

      I messed-up the particular organization that decides on the narrow set of anti-circumvention exemptions. Since 2000 I believe we have only gained one new exemption (unlock cell phones) and lost about ten.

      http://en.wikipedia.org/wiki/DMCA#Anti-circumvention_exemptions

    74. Re:Apple cannot block and it's not illegal by dave420 · · Score: 1

      Not any more. You'll notice none of the new MP3 players can natively sync with iTunes while reporting to be themselves via USB. None. The Diamond Rio pre-dates the iPod, so it's not exactly a good comparison.

    75. Re:Apple cannot block and it's not illegal by Anonymous Coward · · Score: 0

      Yep. The Laser 128 was another Apple II clone, that Apple *could not* sue, they wrote a Apple II-compatible ROM instead of copying it.

  6. Time for an open standard by Anonymous Coward · · Score: 2, Insightful

    These types of hacks used to be common. Everybody had their own proprietary protocols and did everything they could to lock customers into their own high-priced peripherals. Companies constantly hacked other companies' protocols and interfaces so they could offer alternatives.

    These days this is rare because now the industry knows the value of standards, open when possible. In hindsight I think Palm has the right idea in trying to interface with iTunes for media syncing.

    Is it time for an open standard for media syncing?

    1. Re:Time for an open standard by Chaos+Incarnate · · Score: 1

      Is it time for an open standard for media syncing?

      Is it time? Yes. Will you get one? Not while DRM is still a consideration (and it's going to take a long time before they stop selling encumbered video).

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    2. Re:Time for an open standard by CarpetShark · · Score: 1

      Is it time for an open standard for media syncing?

      You mean... like some sort of USB mass storage protocol? ;)

    3. Re:Time for an open standard by james_shoemaker · · Score: 1

      Is it time for an open standard for media syncing?

      You mean... like some sort of USB mass storage protocol? ;)

          or MTP

  7. Passwords aren't copyrighted by Ironchew · · Score: 5, Informative

    *If* this is the only way to get data from iTunes, then spoofing the model and vendor should be like the Game Boy requesting an image of the Nintendo logo at bootup. There was a court ruling back in the 90s (Sega vs Galoob, I think) that said the image was treated as a password to go through the BIOS bootup, therefore, anybody could put it in their games. This is probably a completely different ball game, though.

  8. well now by KingPin27 · · Score: 1

    This device has some seriously personality issues -- either that or everyone wants to be like the Woz.

    --
    "i lost my dignity on a slippery wiener"
  9. Why is either silly by SuperKendall · · Score: 4, Insightful

    Silly Apple, if it only identifies its devices via a USB identifier, but interacts with them in standard, easily emulated ways, all the while going for the exclusivity angle.

    If it's only identifying devices in a standard, easily enumerated way - then they obviously are not going for the exclusivity angle. That part is your assertion but actual technical details seem to prove your assertion wrong.

    Silly Palm, for thinking Apple will take this lying down.

    I honestly don't think Apple will care much. It leads to more people buying things from iTunes after all and cements the dominance of iTunes for managing media. Perhaps they even did this in conjuction with Palm... if you think about it they would have been smart to do so.

    But kudos for the balls to do it anyway.

    Can't argue with that. Palm is an amazing company to come back the way they have, makes me think of the Palm of old...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Why is either silly by Anonymous Coward · · Score: 1, Insightful

      Remember, though - Apple's goal with iTunes is less to sell music and more to move iPods and iPhones. To that end, anything that syncs with iTunes is not helping them with their iPod domination goal.

    2. Re:Why is either silly by SuperKendall · · Score: 1

      Remember, though - Apple's goal with iTunes is less to sell music and more to move iPods and iPhones. To that end, anything that syncs with iTunes is not helping them with their iPod domination goal.

      The Pre can play music but still not protected video...

      It doesn't alter that aspect at all.

      If anything though it's simply neutral to the main plan, so it doesn't matter.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    3. Re:Why is either silly by sjstrutt · · Score: 3, Insightful

      I honestly don't think Apple will care much. It leads to more people buying things from iTunes after all and cements the dominance of iTunes for managing media. Perhaps they even did this in conjuction with Palm... if you think about it they would have been smart to do so.

      Think of iTunes as a driving force between iPod sales rather than the iPod as a driving force behind iTunes sales and you'll understand why Apple may be against this.

    4. Re:Why is either silly by X0563511 · · Score: 1

      Perhaps they even did this in conjuction with Palm...

      I doubt it. If they did, why would the ID string be changed on the device, when it would be much more practical to add the ID string to iTunes in an update?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    5. Re:Why is either silly by CodeBuster · · Score: 1

      It leads to more people buying things from iTunes after all

      Which does not directly lead to more revenue for Apple because Apple receives a very low amount of each content sale on iTunes (i.e. think movie theater box office with high priced candy and sodas business model). Apple earns increased revenue when iTunes gives people added incentive to go out and purchase an iPod or an iPhone, it drives hardware sales where Apple makes the real money. If other devices free-ride on iTunes AND cut into iPod or iPhone sales then I do not believe that Apple can remain silent for long in the face of declining hardware sales and increased iTunes operating costs.

    6. Re:Why is either silly by JoeMerchant · · Score: 1

      It leads to more people buying things from iTunes after all

      Any content purchased from the Apple store will not play on the Pre.

    7. Re:Why is either silly by IcePop456 · · Score: 1

      You honestly think Apply won't care because they'll sell more? They don't seem interested in selling Mac OS standalone...

    8. Re:Why is either silly by SuperKendall · · Score: 1

      Which does not directly lead to more revenue for Apple because Apple receives a very low amount of each content sale on iTunes

      Some is greater than None. You just showed yourself it does directly lead to more revenue. It's not the primary focus but there is revenue from each sale.

      Apple earns increased revenue when iTunes gives people added incentive to go out and purchase an iPod or an iPhone

      Which it still does even if you own a Pre. You may well be driven to buy a Touch from the App Store or video store perspective. Or perhaps you buy a Pre at first, and are thinking about other phones - and the iPhone is the only other phone supporting iTunes that you are now using to manage everything...

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    9. Re:Why is either silly by beelsebob · · Score: 1

      I honestly don't think Apple will care much. It leads to more people buying things from iTunes after all and cements the dominance of iTunes for managing media. Perhaps they even did this in conjuction with Palm... if you think about it they would have been smart to do so.
      But you've got apple's business model reversed, they don't sell iPods to make a profit on music sales, they sell music at break even so that they boost their hardware sales that they make an enormous profit on.

    10. Re:Why is either silly by V!NCENT · · Score: 1

      Perhaps they even did this in conjuction with Palm... if you think about it they would have been smart to do so.

      Exactly what I was thinking as Motorola even had a complete iTunes version of a Razr once. You know; the one that is famous for being "the iPod of mobile phones".

      --
      Here be signatures
    11. Re:Why is either silly by 99BottlesOfBeerInMyF · · Score: 1

      Which does not directly lead to more revenue for Apple because Apple receives a very low amount of each content sale on iTunes

      Some is greater than None. You just showed yourself it does directly lead to more revenue. It's not the primary focus but there is revenue from each sale.

      Apple runs the iTunes store at about break even. They make basically nothing. On the other hand, other devices being able to use the service means more sales of those devices and fewer sales of Apple's devices. This means a net loss for Apple if they let this continue.

      Apple earns increased revenue when iTunes gives people added incentive to go out and purchase an iPod or an iPhone

      Which it still does even if you own a Pre.

      I disagree. Pre's are made more capable in comparison to Apple's directly competing iPhone and iPod touch.

    12. Re:Why is either silly by the+unbeliever · · Score: 1

      Why not? It's just an AAC file now, there's no sticky DRM on any of the music.

    13. Re:Why is either silly by DrgnDancer · · Score: 1

      Bullshit. It won't work with DRM protected stuff from the iTunes store, but all the music and a fair chunk of the video are not DRM protected these days. If you have some old DRMed music it won't work, and you can't get the DRMed video, but the Pre supports AAC encoding. All the music will play fine. AAC is an open standard, only choice prevents other digital music players from supporting it.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    14. Re:Why is either silly by CodeBuster · · Score: 1

      Some is greater than None. You just showed yourself it does directly lead to more revenue. It's not the primary focus but there is revenue from each sale.

      As has been pointed out by the other responders, it does NOT cost Apple nothing to run iTunes, a large commercial web site and download operation, so they are probably fortunate if the small percentage from the ongoing sales is enough to cover their costs. It is similar to the movie theater business model; there is no profit in the box office for the theater owner so the profit must be earned on snacks once they have the captive audience inside the theater. In the case of Apple there is probably no net profit in the music and video download sales so the profit must come from the captive audience purchasing iPods and iPhones to work with iTunes.

      Which it still does even if you own a Pre.

      Most customers will probably NOT purchase multiple devices to use with iTunes so a Pre sale probably equals a lost iPod or iPhone sale. The Pre is therefore in direct competition with the iPod and iPhone for use the iTunes service and, to add insult to injury, the Pre customers add to the cost of running iTunes by increasing the unprofitable portion of the user base.

    15. Re:Why is either silly by koiransuklaa · · Score: 1

      Apple runs the iTunes store at about break even. They make basically nothing.

      Many people say that very confidently ... and never back it up. If you can, please do so because my back of the envelope calculations just don't add up to that.

      Apple sold 2 billion songs last year. Let's say a song costs $1 (average in US maybe lower, but Europe has higher prices to counter that). Last I heard Apple takes ~30% of that price.

      Now, those figures mean that after paying the rights owners Apple gets $600 million a year from music alone (you do the math for videos and apps). Are you really telling me it costs that much to keep a service like itunes running?

    16. Re:Why is either silly by mgblst · · Score: 1

      I honestly don't think Apple will care much.

      Wow, so you are just going to ignore Apples long history of litigation...

    17. Re:Why is either silly by Anonymous Coward · · Score: 0

      Of course Apple will care -- the whole point of iTunes is to sell iPods and iPhones. Apple is a hardware company, and it develops software to support its hardware sales. I don't think Apple will sue Palm as such, but I think they'll surely modify future iTunes software releases so that Palm Pre devices won't work with it anymore.

      I really can't see why people think what Palm is doing is clever or gutsy. I think it's incredibly shortsighted and stupid.

      Why, for god's sake, why? Palm, you just shot yourself in the foot, again.

      A lot of people don't like using iTunes on Windows, so why go along with iTunes in the first place? Palm could create a superior piece of sync software if they really wanted to. Instead, they chose to piggyback on to what a lot of people see as third-rate software, and this will result in a destructive cat-and-mouse game between Apple and Palm in future.

      Where is the real innovation in the market?

      I loved my Tungsten E, but abandoned Palm a long time ago. Their leadership has been consistently mediocre. They had the market and could've kept the market, but they were too greedy and too focused on milking the market without forging ahead and innovating. Now I have my iPhone, and it's everything I ever wanted in a PDA device.

    18. Re:Why is either silly by 99BottlesOfBeerInMyF · · Score: 1

      Apple sold 2 billion songs last year. Let's say a song costs $1 (average in US maybe lower, but Europe has higher prices to counter that). Last I heard Apple takes ~30% of that price. Now, those figures mean that after paying the rights owners Apple gets $600 million a year from music alone (you do the math for videos and apps). Are you really telling me it costs that much to keep a service like itunes running?

      Yes, in fact most reasonable analysts put the real margin at more like 10% once the costs of hosting the downloads and support are figured in. Of course then there are the advertising costs and the cost of processing all the music from vendors and paying people to run the thing.

      I've seen reasonable estimates that Apple is taking in somewhere between 100 and 200 million a year from iTunes. According to their financial iPod and iPhone sales account for something like 40% of Apple's profits while all services including the ITunes and iPhone stores bring in something like 3%. It simply isn't a real money maker for them. It's a way to sell iPods.

    19. Re:Why is either silly by someonehasmyname · · Score: 1

      You're referring to the ROKR, right?

      --
      Common sense is not so common.
    20. Re:Why is either silly by koiransuklaa · · Score: 1

      I'm not really contesting your analysis (I don't have any knowledge to do so), but referring to "most reasonable analysts" without any links doesn't convince me: I was never trying to argue that itunes is big business for Apple or that it isn't mostly a value-add for ipods, I'm trying to say no-ones really shown any evidence to support the claim that it only barely breaks even...

      As an example of how difficult these things are to estimate: the first thing you mention as a cost for Apple is hosting downloads. That just cannot be a major expense: as a big client they should get a price well below 1 cent per song. As for advertizing, they don't really need that like traditional shops do, do they? I certainly have never seen an iTunes ad.

      I believe the major argument for you POV may be credit card handling: that could be insanely expensive, but knowing the rate is pretty much impossible for us...

    21. Re:Why is either silly by someonehasmyname · · Score: 1

      Because they don't need to. They sell upgrades for the people running older systems that would like to upgrade to the newest OS.

      And the 'upgrade' versions will do a format and full install, an in-place upgrade, or an archive-and-install.

      And it doesn't even bother you for a registration key, like some OS's.

      --
      Common sense is not so common.
    22. Re:Why is either silly by JoeMerchant · · Score: 1

      Fine, then, it won't play any videos sold from the iTunes store. Fair enough? Forgive me that I forgot that Apple finally dropped DRM on music files after they sold their first Billion or whatever with DRM. That long period of selling highly de-valued bits pushed the iTunes store down in my awareness spectrum.

      Wikipedia says:

      "At the 2009 Macworld Conference & Expo, it was announced that the iTunes Music Store would be DRM-free, with conversion complete by April 2009"

    23. Re:Why is either silly by V!NCENT · · Score: 1

      No, the Motorola razr v3i, itunes edition or something... but yeah that's the same software on that rokr

      --
      Here be signatures
  10. Aha, one mode by SuperKendall · · Score: 4, Insightful

    But Palm wont be able to certify their device as USB unless the hack is an aftermarket hack.

    Why not? When you hit "Mount as Storage", the device acts as a bog standard USB mass storage device.

    When you hit media sync, it acts totally differently. But why should a special mode of using USB stop certification when it does offer a standard mode...

    Offering different options when plugging into USB is sheer genius.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Aha, one mode by Anonymous Coward · · Score: 0

      It is because they would be using someone else' PID &VID numbers to spoof it. Different options while plugging into USB are normal and acceptable. (Called composite devices) Using someone else' PID & VID is not acceptable. PID = Product ID VID = Vendor ID

    2. Re:Aha, one mode by iluvcapra · · Score: 1

      The USB Consortium's peripheral compliance checklist is pretty clear on the matter. If the vendor IS you're using doesn't match the vendor on your application, you're not compliant. I don't know how this affects your ability to get a logo or a license, however.

      --
      Don't blame me, I voted for Baltar.
    3. Re:Aha, one mode by harryandthehenderson · · Score: 2, Insightful

      But since this isn't a USB device, or being marked as one, they neither need a logo or a license. This is just a hack to make it seem like one and there is nothing illegal in that.

    4. Re:Aha, one mode by iluvcapra · · Score: 1

      But since this isn't a USB device

      Explain? From Palm's website:

      Connector: MicroUSB connector with USB 2.0 Hi-Speed

      It's plugging into the computer and advertising itself to the USB mass storage driver somehow...

      --
      Don't blame me, I voted for Baltar.
    5. Re:Aha, one mode by harryandthehenderson · · Score: 1

      Okay point taken. I was just going off someone else's post for that point. Either way, the point still stands that the issue of being USB compliant and having a logo is necessary.

    6. Re:Aha, one mode by harryandthehenderson · · Score: 1

      Is *unnecessary*

    7. Re:Aha, one mode by jank1887 · · Score: 1

      maybe a valid trademark claim?

    8. Re:Aha, one mode by sarhjinian · · Score: 1

      Yes, and the Red Book has very specific definitions about what you can label with the Compact Disc Digital Audio. It didn't stop any number of vendors from making non-compliant discs, nor did it force many consumers to give a damn.

      Consumers, by and large, just expect it to work. They aren't going to scour the box for compliance branding. Corporate customers might, if they're the type to place faith in "YES/It works with Netware" or "Cisco-Compatible" labels. But anal-retentive corporate IT policymakers probably aren't Palm's target market for the Pre.

      --
      --srj/mmv
    9. Re:Aha, one mode by bickle · · Score: 0

      Acceptability Legality

    10. Re:Aha, one mode by whoever57 · · Score: 2, Insightful

      Offering different options when plugging into USB is sheer genius.

      It's hardly novel -- my Nokia phone has done this for the last 2 or more years and I have no reason to believe other phones haven't been doing it for far longer. The only difference is that my phone doesn't have an "iPod mode".

      --
      The real "Libtards" are the Libertarians!
    11. Re:Aha, one mode by nahdude812 · · Score: 1

      If they're not doing trade under that mark, there's no trademark claim.

  11. RTFA Much? by drerwk · · Score: 0, Redundant

    Two points:

    1) This is impossible for Apple to block. If according to USB it's an iPod, how can Apple distinguish? They can try to see if any little details are missing, but in the end any probing they do can easily be met by Palm.

    From TFA:
    However, it is only the Mass Storage interface that identifies itself as an iPod. The root USB node (IOUSBDevice) still identifies the device as a Palm Pre (not visible in the image above). This means that Apple can very easily update iTunes to block the Pre.

  12. Re:DMCA ??? by Gay+for+Linux · · Score: 5, Funny

    Their trick, in other words...

    Pre: "Knock knock"
    Windows: "Whoâ(TM)s there?"
    Pre: "iPod."
    Windows: "Cool, come in. Hey iTunes, Iâ(TM)ve got an iPod for you."
    iTunes: "You donâ(TM)t look like an iPod but if Windows says you are, thatâ(TM)s good enough for me. Smoke some of this music."
    Pre: "Kickass."

  13. Apple is not a Police Officer by SuperKendall · · Score: 3, Insightful

    They are pretending to be an Apple device. I don't think that's legal.

    What's the charge? "Impersonating an Apple Device"? What law is that exactly...

    As I noted, the only hook is that the USB id has the word Apple which could be a trademark violation... but all the car adaptors looking for iPods have the word "Apple" embedded in order to look for said iPods. There's a strong case to be made that the string is there for the purpose of interoperability.

    I don't even think it's grey enough an area to be worth a lawsuit. Did you hear of a suit filed today? Apple has known exactly how this mimicing would work for a few weeks now, you would have heard something either before or around launch.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Apple is not a Police Officer by Zashi · · Score: 5, Informative

      Okay, I have to set something straight. It doesn't look for the string "Apple." It looks for a 2 byte code which MEANS apple.

      --
      Skiffy is Spiffy, but Ort is tort.
    2. Re:Apple is not a Police Officer by PJ1216 · · Score: 1

      There's absolutely no trademark issue. Trademarks are for consumer protection. Its to stop people from assuming your product is somehow related to another. The user will never assume its an Apple device as they know full well its a Palm device. Only the machine will be confused.

    3. Re:Apple is not a Police Officer by 200_success · · Score: 1

      Okay, I have to set something straight. It doesn't look for the string "Apple." It looks for a 2 byte code which MEANS apple.

      Even if it did look for the string "Apple", it would have been looking for a 5 bytes of ASCII code which means Apple. To a computer, everything is just numbers.

    4. Re:Apple is not a Police Officer by R3d+M3rcury · · Score: 4, Funny

      What's the charge? "Impersonating an Apple Device"? What law is that exactly...

      If there were a law, these people would have been arrested.

      On second thought, maybe we do need such a law... :^)

    5. Re:Apple is not a Police Officer by AnalPerfume · · Score: 1

      That's my understanding as well. If the Palm Pre was designed aesthetically to be a clone of an Apple product with an Apple logo, then they'd have a cut and dried trademark case. Nobody is going to confuse a Palm product with an Apple one, Apple have a LOT of PR in selling people on it's brand image and love them or hate them it's products are iconic in their design.

      Then again, in a society where people seem to need warnings that "this coffee may be hot", never underestimate the determination of a complete imbecile to have the ability to spend money on something. Every village has it's idiots and some of them know where the shops are.

      Like any organization and it's swamp of lawyers, their job will be to find any possible loophole, regardless of whether it applies ethically and try to convince a judge that it applies in this case.

  14. Umm... why the fuss? by exhilaration · · Score: 5, Informative

    Why would Apple sue over this? On what grounds? There's no copy protection being circumvented, no cryptography being broken, it's a plaintext response. Also remember when that when Apple suggested legal trouble for Palm, Palm suggested that they wouldn't hesitate to strike back with their own patent portfolio. I can't see either party taking anything to court.

    1. Re:Umm... why the fuss? by ITJC68 · · Score: 2, Insightful

      I agree. This would mean more revenue for Itunes. You don't have hardware lock in.... Oh that is anti Apple thinking there..... The only tangible reason Apple would sue is this would be in direct competition with its overprices Iphone. Plus you would not be locked in to AT&T or is AT&T the only vendor that will have this phone too?

    2. Re:Umm... why the fuss? by WiiVault · · Score: 1

      I'm pretty sure that they both know that in the end Apple would come out ahead in any legal battle. If just by the size of their coffers. But Palm doesn't want to go down that road. Apple doesn't either.

    3. Re:Umm... why the fuss? by d'fim · · Score: 1, Funny

      Right now Verizon has exclusive rights to the Pre.

      --
      Adherence to the truth is a form of disloyalty.
    4. Re:Umm... why the fuss? by Culture20 · · Score: 1

      it's a plaintext response.

      Not unlike IE claiming to be Mozilla in useragent strings.

    5. Re:Umm... why the fuss? by djdavetrouble · · Score: 1

      If Apple locks out all devices except "genuine" Apple devices, doesn't that leave them open for antitrust / anti competitive lawsuits?
      IA definitely Not AL

      --
      music lover since 1969
    6. Re:Umm... why the fuss? by ground.zero.612 · · Score: 0

      I like how Apple's COO ended the rant about suing everyone with a Hitler joke... You know, because making light of the Holocaust is ever-so-hilarious.

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    7. Re:Umm... why the fuss? by ckaminski · · Score: 2, Insightful

      Verizon doesn't have ANY rights to the Pre until 2010. The Pre is launching on Sprint.

    8. Re:Umm... why the fuss? by X0563511 · · Score: 2, Funny

      It's like MAD, only with patents!

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    9. Re:Umm... why the fuss? by coniferous · · Score: 1

      There was a fuss a while back about apple including a checksum in the itunes database file that made it impossible to sync the ipod in other applications. It didn't take programmers very long to crack it, but they did mention that they had to use quite a few cryptography techniques to do it.

      Point being, there is a reverse engineering of Apple's software going on. I believe they can be sued for that.

    10. Re:Umm... why the fuss? by X0563511 · · Score: 1

      Nope, it claims to be mozilla-compatible.

      Lets look at an example user agent for IE6:

      Mozilla/4.0 (compatible; MSIE 6.1; Windows XP; .NET CLR 1.1.4322; .NET CLR 2.0.50727)

      As you will notice, it's not claiming to be Mozilla. It's claiming to be compatible.

      Now, whether the compatibility is a complete farce or not isn't at question...

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    11. Re:Umm... why the fuss? by Anonymous Coward · · Score: 0

      Palm could also make the response text in 'Media Sync' mode user programmable. It would soon become common knowledge what to fill in here to get the desired response.

    12. Re:Umm... why the fuss? by plazman30 · · Score: 1

      It's claiming to be Mozlla compatible in respect to the old Netscape 4.0 rendering engine. IE has been saying that for years. A lot of other browser do also.

    13. Re:Umm... why the fuss? by JoeMerchant · · Score: 1

      I think this is just one little bargaining chip in the pile, it will no doubt be listed by Apple at some point as one of Palm's "transgressions", but in the end this is pretty small beer - they've got "real IP" like dual touch to talk about.. (:rolleyes:)

    14. Re:Umm... why the fuss? by ground.zero.612 · · Score: 0

      Sorry to reply to myself, but in reviewing that link again... I think I'm actually more sickened by the "riotous laughter and applause" from the Apple sycophants in response to the Hitler joke. Bad fanbois, BAD BAD fanbois!

      --
      "Be prepared, son. That's my motto. Be prepared." --Joe Hallenbeck
    15. Re:Umm... why the fuss? by Joe+U · · Score: 1

      So the big question is, do I dump TMo for Sprint and get a Pre or get a G1?

    16. Re:Umm... why the fuss? by lavacano201014 · · Score: 1

      It's like MAD

      The magazine?

      --
      A wise man once said, "Where is my other quotation mark?
    17. Re:Umm... why the fuss? by Anonymous Coward · · Score: 0

      What was actually said,

      Palm has a long history of innovation that is reflected in our products and robust patent portfolio (31 pages of patents in Google Patent Search), and we have long been recognized for our fundamental patents in the mobile space. If faced with legal action, we are confident that we have the tools necessary to defend ourselves.

      This does not necessarially include "strike back with their own patent portfolio", and may only mean "We know patent law real well: we know our product is defensible on its own."

      But I like the strike-back angle. I have to wonder if a patent war with Apple could be more profitable for Palm than their product business, or their business prospects. Especially during a worldwide recession where product sales are going to suck for even good products for the next couple of years. Companies like Palm are going to be pushed into thinking about the unthinkable as a financial way forward.

    18. Re:Umm... why the fuss? by gpalyu · · Score: 1

      iTunes does not make Apple much money. Not like their ipod's and iphone's do. If you think Apple will be OK with a pre connecting to itunes because they'll sell some more music I think you'll be wrong. The software integration is a huge part of ipod success.

    19. Re:Umm... why the fuss? by ckaminski · · Score: 3, Interesting

      Okay, I'm a developer, and the phones environment is pretty snazzy these days. But here's pretty much what I have for choices.

      My needs:
          Tethering, Music (ghetto iPod), Skye (maybe), custom app development.

      AT&T:

          Blackberry Curve 8900 - no touchscreen, QWERTY keyboard, SD card
          iPhone - Touchscreen, no QWERTY keyboard

      Verizon:

          Palm Centro - WinMo (ick) - QWERTY, SD card, Touchscreen
          Blackberry Storm - no QWERTY, no touchscreen, SD card

      TMo

          Blackberry Curve 8900
          Android G1 -> qwerty keyboard, touchscreen, sd card
          Sidekick XL

      Sprint:

          Palm Treo 800/750: qwerty, touchscreen, sd card
          Palm Pre : Touchscreen, qwerty, sd card?

      I *LIKE* the BB/Treo keyboard styles, so landscape style keyboards kind of ruin the experience for me. After playing with a G1 last night, I'm not convinced. I think it's come down to a WinMo treo, BB 8900, or the Pre if I like how it feels.

      I've been a Verizon customer for 12 years. I love my service - I'm loath to leave, but Verizon has been on the shit-end of the smartphone arena for too long.

    20. Re:Umm... why the fuss? by ckaminski · · Score: 3, Insightful

      What I *REALLY* want, is the old style Palm Visors with graffiti area to come back and just get rid of all the buttons. I was so much better at graffiti than typing, and we could have MASSIVE screens in the same form factor. I *LOVED* my Kyocera 6035.

    21. Re:Umm... why the fuss? by ckaminski · · Score: 2, Informative

      Everyone allows you to try before you buy nowadays (14 day return policies). Why not give a Pre a shot. I know where I'm gonna be at 9am on Saturday morning.

    22. Re:Umm... why the fuss? by dangitman · · Score: 1

      Trademark infringement. You weren't thinking very hard if you couldn't come up with that obvious avenue.

      --
      ... and then they built the supercollider.
    23. Re:Umm... why the fuss? by Joe+U · · Score: 1

      I get the feeling I'm just going to wait until the Dash2 shows up this fall.

      I love my Dash, but it's hit the floor one too many times and I want a 3G phone.

    24. Re:Umm... why the fuss? by JonathanBoyd · · Score: 1

      How could it be an antitrust issue? For a start, Apple is not a monopoly. Even if they were, such an action wouldn't prevent people using iTS-purchased music on other media players because the DRM is gone now.

    25. Re:Umm... why the fuss? by X0563511 · · Score: 1

      Did you even click the link? Please tell me you're trying to be silly.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    26. Re:Umm... why the fuss? by nxtw · · Score: 1

      Every modern browser does this. And they do this because a long time ago, people were serving simpler/crippled versions of their web pages to browsers other than Netscape.

    27. Re:Umm... why the fuss? by Abreu · · Score: 1

      Palm Centro also comes with Palm OS, which allows me to run all my old Palm apps, mainly the ebook reader

      --
      No sig for the moment.
    28. Re:Umm... why the fuss? by Anonymous Coward · · Score: 0

      whoosh

    29. Re:Umm... why the fuss? by Anonymous Coward · · Score: 0

      Blackberry Storm - no QWERTY, no touchscreen, SD card

      Wha?
      I'm going to assume that's a typo.

      It also ships with an 8GB microSD card.

      I like the phone, but I'm accepting of it's flaws (terribly slow/buggy OS).
        Though VZW just released a new OS (148) which is pretty good.
      I use my Storm for tethering, music playback (Slacker and Pandora ROCK!) and I occasionally tinker with the Blackberry JDE.

      You may want to wait for the Tour or get a Curve.

      The only problem I have with VZW is their plans are obscenely expensive (though this is not an issue now that my employer is picking up the tab).
      I was on TMo but hated their coverage, nowhere near as good as VZW.

    30. Re:Umm... why the fuss? by Anonymous Coward · · Score: 0

      iPhone - Touchscreen, no QWERTY keyboard

      Why does everyone keep saying this? The iPhone has an onscreen QWERTY keyboard. The fact that the top row of letters starty with Q W E R T Y is what makes it a fucking QWERTY keyboard. The fact that it is an onscreen keyboard and not a physical keypad has absolutely nothing to do with being a QWERTY interface.

    31. Re:Umm... why the fuss? by felix85 · · Score: 1

      Not quite. There are still alot of songs that have drm and if you have bought songs earlier with drm they charge $.30/song to get the non drm version for those that are available.

    32. Re:Umm... why the fuss? by operator_error · · Score: 1

      I second the desire for a graffiti option! Palm, are you listening? Compared to micro-buttons or touch-screens, it really did seem more simple. Thanks for reminding me!

    33. Re:Umm... why the fuss? by Dr_Barnowl · · Score: 1

      The sad thing was the transition to Graffiti 2, after Xerox sued them. The suit was overturned eventually, but they never had an official way to go back to Graffiti 1, you had to do some dodgy patching.

    34. Re:Umm... why the fuss? by JonathanBoyd · · Score: 1

      From what I can recall, they've gone DRM free now. And they could hardly be accused of antitrust behaviour for stuff they no longer do. Neither is the selling of DRM-ed music an anti-trust worthy action when no-one is forced to buy from them and they do not prevent labels selling through others. If anything, the labels were putting pressure on Apple when they were selling their music cheaper through Amazon. Apple have a lot of clout over what happens in their own store, but minimal influence over what happens in other stores.

    35. Re:Umm... why the fuss? by aldwin · · Score: 1

      I agree. I love my T5, and I would have replaced it with a smartphone by now .... if any of them had a similar screen size, and graffiti.

      I just hope that someone integrates similar software into Android. On something like the upcoming Samsung I7500 or the HTC Magic, that could rock.

    36. Re:Umm... why the fuss? by dunkelfalke · · Score: 1

      HTC Touch Pro 2 will be available at Verizon and the device can do everything you want - QWERTY keyboard, thethering, Skype, SD Card, 800x480 screen, custom app development, GPS with turn-to-turn navigation (if you buy the application) and so on.

      The only real downside is the landscape style keyboard.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    37. Re:Umm... why the fuss? by dunkelfalke · · Score: 1

      Ceci n'est pas un clavier.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    38. Re:Umm... why the fuss? by ckaminski · · Score: 1

      Sorry, I should have clarified both the Storm and iPhone do not have
      PHYSICAL QWERTY keyboards. Which are an important feature for me. I don't like giving up half my screen to a keyboard, which I use *ALL* the time.

    39. Re:Umm... why the fuss? by ckaminski · · Score: 1

      Any idea on the ETA? I'm getting myself in line at Sprint tomorrow at 7:30 to test-drive the Pre... who knows, maybe I'll hate it.

    40. Re:Umm... why the fuss? by dunkelfalke · · Score: 1

      in 6 weeks or so - afaik it would be the first phone with windows mobile 6.5. currently they've got only the predcessor, which is a fine device itself but the screen is imho too small.

      i've got a similar device (htc touch hd), the difference is wm 6.1, a slightly larger screen and the lack of the keyboard. best pda i've ever laid my hands on and i tested lots of them (used to be a developer for handhelds).

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    41. Re:Umm... why the fuss? by HorizonXP · · Score: 0

      Verizon is slated to release the BB 9630, aka the 'Tour' within the next month or 2. It's the BB 9530 Storm, but instead of a touchscreen, it goes back to the QWERTY keyboard. http://crackberry.com/blackberry-tour-spec-sheet-leaked

  15. But that too can chage by SuperKendall · · Score: 1

    Well, if you read the article you would see that "the root USB node (IOUSBDevice) still identifies the device as a Palm Pre", therefore it appears that there are checks that could be put into the next version of iTunes to block this.

    That's Palm being kind.

    But that's a simple adjustment for Palm though if needed. Again, in the end this approach cannot be blocked without blocking legacy iPods if Palm is serious about keeping it. I don't think Apple will make much of an attempt, if any, to block it... an iTunes version was just pushed and that didn't block anything after all.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:But that too can chage by Anonymous Coward · · Score: 0

      From TFA: However, it is only the Mass Storage interface that identifies itself as an iPod. The root USB node (IOUSBDevice) still identifies the device as a Palm Pre (not visible in the image above). This means that Apple can very easily update iTunes to block the Pre.

    2. Re:But that too can chage by someonehasmyname · · Score: 1

      ... and can't Apple do sneaky stuff like looking at the contents of this mass storage? A brand new (or restored through iTunes) iPod will have a directory structure that I don't exactly see the Pre completely replicating.

      Hell, they could even checksum the firmware partition to make sure it's got official Apple firmware, although that would probably leave a jail-broken iPhone or iPod Touch as a pretty expensive paperweight.

      --
      Common sense is not so common.
  16. Not gonna happen, here's why by SuperKendall · · Score: 1

    1.)Release new version of iTunes that checks specifically for the Pre.
    2.)Release new firmware for existing iPods to ensure they work with the new version of iTunes.

    You just lost me at step 2.

    The fact is that firmware upgrades for older iPods are unlikely to be installed by users for some time. It could take a year or more for that to propagate.... not to mention that whatever change you make to the older iPods can more easily be mimicked by Palm than it is to put together for Apple at this point! Apple would have to dust off development kits for retired iPods of all stripes, whereas Palm just has to tweak new code with the few things that change...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Not gonna happen, here's why by rusty_rusty_rusty · · Score: 1

      You just lost me at step 2.

      The fact is that firmware upgrades for older iPods are unlikely to be installed by users for some time. It could take a year or more for that to propagate.... not to mention that whatever change you make to the older iPods can more easily be mimicked by Palm than it is to put together for Apple at this point! Apple would have to dust off development kits for retired iPods of all stripes, whereas Palm just has to tweak new code with the few things that change...

      I disagree. If users of older iPods continue to use their current version of iTunes to sync, then fine, it will continue to work. However, if the user of an older iPod wants to use the latest iTunes version, a firmware upgrade to the legacy iPod can be offered and seamlessly pushed to the iPod by iTunes when the user tries to sync to that version of iTunes. Maybe in the early days of iPods, when a firmware upgrade required a manual download of an updater app and then also required some effort to use that updater app to update iPod firmware, I might have seen more validity to your concern with step 2.

    2. Re:Not gonna happen, here's why by Captain+Spam · · Score: 1

      The fact is that firmware upgrades for older iPods are unlikely to be installed by users for some time.

      iTunes manages iPod firmware updates, and quite visibly pops up an alert saying that the firmware needs updating when it does once the iPod is connected. One click and it's on its way to upgrading (if that; there may be an option to auto-upgrade, I don't have iTunes open in front of me). This isn't like a BIOS firmware upgrade that requires some manner of special trickery outside the normal course of your computing day. iPod firmware updates happen in the application used to manage and transfer data to the iPod, all fairly seamlessly, all during the normal workflow of using iTunes.

      Factor that in with the other steps mentioned (iTMS refuses to work with old iTunes, new iTunes wants to upgrade firmware), and I'd put it at more like... say... a week for it to propagate. Two if they're really slow with it. The only people that wouldn't get the update are people not using iTunes or the iTMS and thus wouldn't care that their iPod(s) don't work with it (or pathologically stubborn people who firmly believe they can outwait Apple).

      --
      Demanding constant attention will only lead to attention.
    3. Re:Not gonna happen, here's why by Facegarden · · Score: 1

      1.)Release new version of iTunes that checks specifically for the Pre.
      2.)Release new firmware for existing iPods to ensure they work with the new version of iTunes.

      You just lost me at step 2.

      The fact is that firmware upgrades for older iPods are unlikely to be installed by users for some time. It could take a year or more for that to propagate.... not to mention that whatever change you make to the older iPods can more easily be mimicked by Palm than it is to put together for Apple at this point! Apple would have to dust off development kits for retired iPods of all stripes, whereas Palm just has to tweak new code with the few things that change...

      It would not be unlike apple to force the update on people. This is the same company that made their updater tell people Safari needed an "Update" even if it wasn't installed, and then made it the default browser.

      Plus, I'm rather sure that their would be no dusting off needed, they probably know those iPods so well that they could easily add a check to them.

      Of course, Palm catching up is much harder to stop, but it could certainly be inconvenient for Pre users.
      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
  17. Why would Apple care? by Alcimedes · · Score: 1

    At the end of the day, I guess I'm missing why everyone thinks Apple would care?

    The Pre isn't sold by AT&T, and in the US everyone is basically tied to long term carrier based contracts to get smart phones. So if you own a Pre, you're not going to be getting an iPhone for at least a year or two at best.

    So why would you want to block the device from working with your music store at that point? There's no lost hardware sale, but if you play nice you'll keep getting music sales. Maybe if you do a good enough job with your software/interface etc. you can get a Pre user to look at an iPhone in year's time.

    1. Re:Why would Apple care? by MosX · · Score: 1

      Let's say Apple successfully blocks this. Later when a person looking for a new phone walks into a store (or looks online) and asks, "Hey, does this Palm Pre sync with iTunes?" And they hear that it doesn't, they'll get an iPhone instead.

    2. Re:Why would Apple care? by Anonymous Coward · · Score: 0

      Depending on who make this argument, it could actually be worse. AT&T, for instance, would definitely not want to lose market share to Sprint, and thus would likely not want the Pre to sync with iTunes. We've seen Apple reject apps based upon pressure from AT&T (tethering apps, for instance), so it's not totally cut and dry.

    3. Re:Why would Apple care? by TriZz · · Score: 1

      Apple will care because it's one more feature that helps sells a competitors product/hardware. If I was in the market for new phone/carrier, Apple would want me to buy the iPhone AND use iTunes for music...not just using iTunes for music. If easy music management is something that I would like on my phone, then the iPhone would be the only choice (other music phones aren't nearly as intuitive about putting music on the phone).

      --
      No matter how hot a girl is - some guy somewhere is sick of her shit.
    4. Re:Why would Apple care? by geminidomino · · Score: 1

      Unless they don't want to change carriers. Then apple gets neither the iphone sale nor the itunes income.

      Which is not to say I doubt they will move to block this. They will.

    5. Re:Why would Apple care? by Bill,+Shooter+of+Bul · · Score: 1

      The Pre isn't sold by AT&T *today*. The exclusivity with sprint runs out in six months. As far as I know, there isn't anything stopping AT&T from offering the pre then.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    6. Re:Why would Apple care? by lmnfrs · · Score: 1

      AT&T is effectively stopped from offering the Pre because of the radio communications the Pre was designed around. Palm could, of course, make a modified or subsequent Pre with AT&T compatible hardware, but until then it flat out won't work on AT&T's network.

      The two radio "families" in the US are used by AT&T & T-Mobile (GSM), and Sprint & Verizon (CDMA).

    7. Re:Why would Apple care? by Bill,+Shooter+of+Bul · · Score: 1

      I didn't feel adding that well known fact was necessary. I just took it for granted that they would not want to limit themselves to a technology used only in the US. YMMV.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
  18. Re:DMCA ??? by Anonymous Coward · · Score: 3, Funny

    Ugh, the text encoding in Windows is terrible.

  19. I see no code here. by argent · · Score: 3, Insightful

    Dumping the USB registers: cool.

    Commentator confusing USB registers with code: not cool.

    Mod DVD Jon +1
    Mod Slashdot -1

  20. I was wondering about that too... by SuperKendall · · Score: 2, Insightful

    It's not like the USB certification is required to sell anything. It's just a way to put a logo on a box, a logo Palm does not really need. Everyone knows it connects via USB and the cable is standard...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  21. Apple? by Anonymous Coward · · Score: 0

    A vendor known as Apple, eh? Sounds kinda fruity.

    {cue the Apple users are/aren't gay jokes}

  22. Re:DMCA ??? by Philip+K+Dickhead · · Score: 2

    Well,

    All Apple has to do is ROT-13 their handshakes. Then, if Palm does the same? It's now a DMCA violation.

    On a less frivolous note, perhaps this is the case that will cause the DMCA to crumble, as a possible court battle that pitches anti-competitive practice against technological copyright enforcement.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  23. Then it's time by SuperKendall · · Score: 1

    Is it time? Yes. Will you get one? Not while DRM is still a consideration

    But DRM is not a consideration for Music any longer. Video doesn't matter, music alone is worthwhile enough to make such a standard (though include video for when companies come to their senses).

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  24. MTP by assassinator42 · · Score: 4, Informative

    Well, there is a standard for media syncing, but it's developed by Microsoft and apparently not followed. Especially by Microsoft with their Zune, as they decided to ignore the standards they had created and sold to third-party developers in favor of something that only works with their software.
    Mass storage mode still seems to work better. Again, Microsoft will allow watching a video on the Xbox 360 from a mass storage device but not a MTP device.

    1. Re:MTP by VoltageX · · Score: 1

      That's because the standard is rubbish. You could sync just fine with a mass storage device.

      --
      "Anonymous could not immediately be reached for further comment." - International Business Times
  25. Reverse Engineering? by WilyCoder · · Score: 1

    How could Palm know how the iPod and iTunes communicate?

    Wouldn't that require some "reverse engineering" (even if it is easy to do)?

    1. Re:Reverse Engineering? by prockcore · · Score: 1

      Reverse engineering isn't illegal. Sure it may violate someone's EULA.. so maybe somewhere in Palm there's an engineer who's not allowed to run iTunes anymore.

    2. Re:Reverse Engineering? by domatic · · Score: 1

      One can always sniff the wires without getting inside binaries. This is what Samba does. And USB debuggers have existed for years. Crypto on both ends can complicate this so one may have to resort to clean room at least enough to suss out how the crypto works.

    3. Re:Reverse Engineering? by ksheff · · Score: 1

      IIRC, Palm hired a bunch of engineers that used to work at Apple.

      --
      the good ground has been paved over by suicidal maniacs
  26. Good or Bad? by Nom+du+Keyboard · · Score: 1

    Is it good, or bad, to reveal Palm's trick? It only makes it easier for Apple to attack Palm's workaround and I'm not sure how that benefits the majority of the consumers.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Good or Bad? by ledow · · Score: 3, Insightful

      You really think that there isn't a SINGLE Apple employee who couldn't get hold of a Pre if they wanted to, or that they don't already have one? Even in their hardware, PR, developer etc. departments? And that "revelation" was basically revealed by plugging the device in and looking at the usbid... lsusb would have done it in a single command and there are even prettier interfaces for Windows for free.

      Obscurity is a waste of time when you're hoping the *designers* of a system don't realise how you've worked around it - it's like "telling" the DVD forum about the CSS hack - they already know *how* you circumvent it, but they may not know the exact method by which you discovered it (that's the bit that *doesn't* matter). The designers of any such system already know, or it would take seconds to make 10 guesses at how, and it would take minutes to actually discover how even without basic knowledge - you just run it through a debug version of iTunes and see what happens.

      Don't be silly. It's like saying Microsoft don't know how people are installing pirate copies of Windows, or upping the TCP connection limit, or Nintendo not knowing how the Wii hacks work. It takes *seconds* for them to work it out once it's been revealed, even if they would never have thought of it. They DESIGNED the system, after all.

  27. I don't think Apple cares by geoffrobinson · · Score: 1

    When has Apple prevented other devices from doing this sort of thing? Without that history, and I can't remember of such an incident, I'm guessing people are trying to hype Palm.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
  28. Seems Like They Could Make a DMCA Complaint by mikes.song · · Score: 0

    The anti-circumvention previsions may apply, even if the system was easy to circumvent. The DMCA says there is a "prohibition on circumvention of technological measures that control access to copyrighted material." It's clear that iTunes controls copyrighted material. Palm is doing something to circumvent what may be the intended behavior of iTunes. There may be an issue, valid or not. I was at Google I/O last week, and was surprised that Palm gave an appearance on the main stage. The I was almost overwhelmed that Apple was no where to be seen. This move by Palm really seems like something that only Google would have the balls to do. I wonder if Google is perhaps behind this.

  29. What does this mean for Rosie and her 5 sisters? by bugeaterr · · Score: 1

    What does this mean for Rosie and her 5 sisters?

  30. Am I the only one..... by Ogre332 · · Score: 1

    who doesn't see this as being a plus for the Pre? iTunes has got to be one of the worst pieces of software out there (be it running on a Mac or anything else).

    --
    Shut up brain or I'll stab you with a Q-Tip. - Homer Simpson
    1. Re:Am I the only one..... by grapes911 · · Score: 1

      Doesn't iTunes have like 70% of the legally downloaded music market? How the hell could this be a negative for the Pre?

    2. Re:Am I the only one..... by zuperduperman · · Score: 1

      No you're not the only one by far. iTunes is just about the only piece of software left that sends me into a flying rage just about every time I open it. There is truly just about nothing they couldn't have made worse - from the single threaded locked UI that goes unresponsive for seconds or even minutes with every single click to the complete denial of my ability to do even the simplest things and most obvious things via direct UI actions like add a podcast to my ipod touch, or to the bizarre assumption that I keep my entire photo collection in one single place and that iTunes should go nuts scanning that folder (over a slow network) every time I want to get a single new podcast onto my touch.

      I guess there is some form of human life for which iTunes is intuitive, but it certainly isn't anywhere close to my genetic branch of it.

    3. Re:Am I the only one..... by greyhueofdoubt · · Score: 1

      How is this a plus for the Pre? It uses iTunes through this hack. Because of this hack, Pre users can now USE iTunes instead of something else.

      The Pre hack *expands* the iTunes user base. How is this a win for people who don't like iTunes? It sounds like your 'win' would apply if Palm found a way to play itms content in another program, but that is not the case here. You could say that it's nice to be able to play your itms content on a non-apple device, but that's been possible for a while.

      -b

      --
      No offense, but I've stopped responding to AC's.
  31. I'm conflicted by roc97007 · · Score: 1

    On the one hand, this seems a brilliant and gutsy move by Palm. On the other hand, I really dislike devices or applications that pretend to be a competitor's. On the third hand, I dislike even more that this is sometimes necessary to provide some reasonable amount of interoperability.

    What would be hilarious is if during the trial they break open a Pre and there's a Nano inside. :-)

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  32. Argh, why isn't there a standard protocol? by hattig · · Score: 1

    My personal opinion is that there needs to be a documented, open specification for media syncing (media being audio, video, calendars, photos, notes, contacts, etc - all the standard phone/pda data).

    The device can say what file formats it supports. It can provide an icon to the software to display. It can say if it supports photos, calendars, contacts, notes, etc.

    It could be extensible, for custom media types, e.g., games that will only run on a particular device.

    This would be implemented within many free media players quite quickly, so devices that don't come with their own media player will still have options for media syncing. And maybe Apple, with by far the biggest media management software on the market, will be forced to support it one day by a court decision.

    1. Re:Argh, why isn't there a standard protocol? by PhrkOnLsh · · Score: 1

      The walls in Apple's garden are too high, they can't hear you on the other side of them.

      --
      GNU/Linux: Freedom.
  33. Re:Seriously? by aardwolf64 · · Score: 0

    Seriously? Their product is pretending to be an iPod so that it can force a connection with Apple's Intellectual Property (iTunes). I'm pretty sure there's something in the iTunes EULA that prevents non-Apple devices from connecting.

  34. good thing for apple by thoppe · · Score: 1

    I feel this is a good thing for apple. This means that people using the Pre can go and use iTunes to buy their music. According to Palm's estimates this could mean another 600k iTunes customers in the first quarter. Why would they try to sue? Thats beyond me. They should applaud the fact that they could gain that many customers.

    This is even better news for me personally, as I have an iPhone which I sync to iTunes. Now my SO, who is getting a Pre can also leverage all the music we have on our shared desktop, as well as the videos, podcasts, etc etc. Win Win for me.

  35. Playing into Apples hands by grapeape · · Score: 1

    All this means is that Apple will do some sort of firmware check next time around rendering itunes worthless on the Pre which will in turn piss off tons of customers causing backlash at Palm.

  36. Thanks, then even clearer by SuperKendall · · Score: 2, Insightful

    Okay, I have to set something straight. It doesn't look for the string "Apple." It looks for a 2 byte code which MEANS apple.

    Thanks, I had not looked up that detail of what form the ID took...

    Then it's even more clearly something Apple cannot sue over.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Thanks, then even clearer by Anonymous Coward · · Score: 0

      Then it's even more clearly something Apple cannot sue over.

      I dunno. I wouldn't put it past them to claim ownership of the number 1193. This would also bag them the copyright on all biographies of Saladin.

  37. I would like to know just one thing by mrwolf007 · · Score: 5, Insightful

    How is this any different than Opera/Firefox/whatever changing the User-Agent string?
    Neither looks like anything complicated nor like anything illegal.

    1. Re:I would like to know just one thing by Allicorn · · Score: 1

      ...to a rational geek. Sure. But to the unique brand of crazy-go-nuts we call "lawyer" or "lawmaker", squinting at the screen to read a CAPTCHA can be considered "circumvention of encryption" and land you in DCMA-Gitmo. ;-)

      --
      OMG!!! Ponies!!!
    2. Re:I would like to know just one thing by mrwolf007 · · Score: 1

      I know, maybe i belong to a dying race, but i usually apply common sense.
      I would assume Palm would have more reason to file a suit for anti-competive behavior than Apple for filing a suit for violation of the DCMA, if Apple were to intentionally lock out the Pre.
      Well, IANAL, but how does the saying go. Need three opinions?
      Ask three lawyers.

    3. Re:I would like to know just one thing by Starayo · · Score: 1

      common sense

      We'll have none of that here, thanks.

      --
      Ezekiel 23:20
  38. Reminds me of Acclaim/Sega by seebs · · Score: 1

    Acclaim and Sega had a lawsuit over Acclaim doing something to make games work on Sega's hardware, which resulted in the display of a Sega logo. The court in that case concluded that it was Sega's fault for making it impossible to interoperate any other way.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
    1. Re:Reminds me of Acclaim/Sega by geminidomino · · Score: 1

      Accolade, not Acclaim. :)

  39. itunes by Anonymous Coward · · Score: 0

    Apple will just release new ipod software and Itunes to combat this,

    it would be easier than the courts,

    Itunes 9 will make you do a software update and will toast the pre, lol

    " oh we thought we were updating an Ipod"

  40. Seriously why does Apple Even care by haplo21112 · · Score: 1

    It's the Razor Model, the iPOD or any other similar device is the handle, you get that free or cheap, the Music is the Blades, thats where the really cash is in the business.

    I fail to understand why Apple doesn't just throw the doors open anyway, they make the best handle, I doubt any significant portion of the music buying public would stop buying the iPod. And even so Apple still makes a pile of cash from the music sales.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  41. Re:DMCA ??? by Anonymous Coward · · Score: 0

    All Apple has to do is ROT-13 their handshakes.

    What, and break all the old iPods' ability to sync? Yeah, that'll go over real well.

  42. The answer is in their Income Statement by docbrody · · Score: 1

    In strictly financial terms, I wonder if this is a good thing or a bad thing for Apple.

    On the one hand exclusivity between iTunes and iPod/phone means you have to have an iPod to use iTunes. More hardware sales for Apple.

    On the other hand, opening up iTunes to other popular media players (which technically they do already on a limited basis), means more iTunes Store revenue. Itunes might also be a gateway application to get people to try other Apple hardware. (Some people do actually like iTunes)

    A close look at Apple's financials would tell us a lot. I don't care enough about it to go through there 10Ks and 10qs, and they might not even break out the data that you would need, but if they did... you would want to look at where they have the most sales (iPod/iPhone vs. Music/Video downloads). But you would also want to look at profit margin, and factor in growth assumptions for iTunes downloads vs ipod hardware.

  43. Re:Seriously? by plazman30 · · Score: 1

    There very well may be, but Palm is not the end user. it's up to the guy/girl that buys the phone not to sync it with iTunes. The EULA is for the user, not the device maker.

  44. If apple sues they're morons by moniker127 · · Score: 1

    And here is why:
    -If they sue, it will alienate the verizon customers using the pre. Those customers may be less likely then to buy whatver tablet dealio is coming to verizon soon.
    -They will do nothing but gain market share. People using itunes with their phone right now are all att customers, so they only stand to gain more market share by allowing them in the door.
    -They probably couldn't win anyway. Even though they have a small army of lawyers, sometimes that isnt the only deciding factor in legal victory. Apple is not any more immune to antitrust suits than microsoft or att.

  45. Force Neutral by SuperKendall · · Score: 2, Insightful

    Think of iTunes as a driving force between iPod sales rather than the iPod as a driving force behind iTunes sales and you'll understand why Apple may be against this.

    Yes, I totally agree the intent is for iTunes to sell iPods.

    The Pre supporting iTunes does not change this equation. More people using iTunes is more people that might have a reason to get an iPhone, even if at first they get a Pre.

    Also, there are a lot of people that have phones but also iPods. Having a smaller iPod for running is common...

    Further, iTunes Video still cannot be played so there's still some push to getting an iPod video device of some kind.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  46. Quoth DVD Jon... by steveha · · Score: 2, Interesting

    In TFA, DVD Jon says this:

    ...when the Pre is in "Media Sync" mode it identifies itself as an Apple iPod. However, it's only the Mass Storage interface that identifies itself as an iPod. The root USB node (IOUSBDevice) still identifies the device as a Palm Pre (not visible in the image above). This means that Apple can very easily update iTunes to block the Pre.

    Emphasis added by me.

    I agree with him: all Apple has to do is add code to check the root USB node, see that the device is a Palm Pre, and refuse to accept the device as an iPod.

    P.S. If Palm had just gone to Apple and said "we want to make the Palm Pre sync with iTunes", would Apple have been reasonable about it? I saw a comment on Slashdot mentioning that there are non-Apple devices that sync with iTunes, implying that Apple can be reasonable. But in this case, the Pre is competing with the iPhone! I imagine Apple would do anything they could to sandbag a competitor, including denying iTunes.

    Apple won't sue Palm. But I won't be surprised if they do this check and lock the Pre out of iTunes.

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
    1. Re:Quoth DVD Jon... by R3d+M3rcury · · Score: 3, Insightful

      P.S. If Palm had just gone to Apple and said "we want to make the Palm Pre sync with iTunes", would Apple have been reasonable about it? I saw a comment on Slashdot mentioning that there are non-Apple devices that sync with iTunes, implying that Apple can be reasonable.

      That ability is left-over from the SoundJam days, which is why the list is so antiquated. I'm also pretty sure that whatever sync code there is for 3rd party devices was written by Apple, not the device manufacturer.

      Personally, I think this is one of those, "Easier to ask forgiveness than permission" things. Assuming that Apple will sue Palm, this is just another thing that Apple can add to the list and will be worked out in whatever settlement Apple and Palm come to.

  47. Re:DMCA ??? by changa · · Score: 2, Interesting

    Not sure if it did violate the DMCA, they are not breaking encryption but only saying "Yeah, I'm an iPod..."

  48. Re:Seriously? by Penguinoflight · · Score: 1

    I guess it's a good thing that the Palm Pre is not an iTunes user.

    --
    "And we have seen and do testify that the Father sent the Son to be the Savior of the World"
    1 John 4:14
  49. Re:DMCA ??? by rpresser · · Score: 1

    They are circumventing the (very poorly conceived and implemented) technology that enforces the rule that only iPods can connect to iTunes. Circumvention = DMCA violation.

  50. Re:DMCA ??? by MJMullinII · · Score: 2, Insightful

    All Apple has to do is ROT-13 their handshakes.

    What, and break all the old iPods' ability to sync? Yeah, that'll go over real well.

    Handshaking doesn't exist in hardware, it exists in software.

    There isn't an iPod made that Apple could simply release an update for with new handshaking routines (such as ROT-13).

    --
    "Don't be a martyr -- BE THE ONE WHO GOT AWAY!"
  51. Re:DMCA ??? by sootman · · Score: 5, Funny

    Reader: Knock, knock
    Slashdot: Who's there?
    Reader: Unicode.
    Slashdot: Fuck off.

    Back on topic, John Gruber has covered this pretty well here and here.

    "But is it illegal? And would it be illegal for Apple to take countermeasures against it? My guess is "no" to both questions... I don't think WebOS's media sync is a mistake on Palm's part because it is wrong, I think it's a mistake because it is risky and unnecessary."

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  52. Pointless by Ractive · · Score: 1

    Why would anyone want to use iTunes for any device including an iPod or a PRE, how about a Hack so you DON't have to use Itunes for iPod's or any other device.

  53. Sega, Chamberlain, and Lexmark by tepples · · Score: 3, Informative

    This computer is claiming to be an Apple Computer. Apple sued. Apple won.

    Citation needed. This device is claiming to be a Sega Genesis game cartridge (Sega v. Accolade), a Chamberlain LiftMaster garage door opener (Chamberlain v. Skylink), or a Lexmark toner cartridge (Lexmark v. Static Control Components). Sega, Chamberlain, and Lexmark sued. Sega, Chamberlain, and Lexmark lost.

  54. BFD by bonedog73 · · Score: 1

    As usual people trying to make a mountain out of a mole hill.. BFD!

  55. Re:DMCA ??? by David+Gerard · · Score: 3, Informative

    Lexmark tried this with printer cartridges and was told to bugger off.

    --
    http://rocknerd.co.uk
  56. Re:Seriously? by gnasher719 · · Score: 1

    Seriously? Their product is pretending to be an iPod so that it can force a connection with Apple's Intellectual Property (iTunes). I'm pretty sure there's something in the iTunes EULA that prevents non-Apple devices from connecting.

    Nope.

  57. Re:DMCA ??? by digitalunity · · Score: 2, Informative

    How did this get modded insightful?

    iPod firmware can be updated by iTunes. The interpretation of handshaking being done in hardware vs. software is very subjective, given that it's either hardcoded in the hardware(see: old modems) or in firmware(see: software modems).

    As far as another person mentioning using ROT13 to invoke DMCA, it wouldn't work. Reverse engineering is allowable(for the moment) to allow interoperability. Palm could easily explain that their device does not enable copyright infringement any more than any other mobile media device and the fact that it needs to report itself as an Apple device to connect is just evidence of Apple's reluctance to make iTunes operate with other hardware devices.

    In short, the DMCA doesn't necessarily apply.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  58. Re:DMCA ??? by digitalunity · · Score: 2, Insightful

    This is much the same. Unless the Pre had features built in to make copyright infringement easy, reverse engineering the iTunes-iPod interface for interoperability likely wouldn't be affected by the DMCA.

    Given Apple's got a dominant market position in both MP3 players and online media distribution, although I'm hesitant to say a monopoly position, firing back at Palm for this could place them in the antitrust hot seat.

    --
    You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  59. Also, what message does Palm send that way? by sznupi · · Score: 1

    Could it be:

    oh, look, we can't develop our own software for those features so we sneak in into something that works for people

    ?

    --
    One that hath name thou can not otter
  60. Re:DMCA ??? by Philip+K+Dickhead · · Score: 1

    iPod Firmware gets updated by iTunes. This happens already. iTunes checks updated firmware, if old handshake, iTunes then return to the top of this loop. :-)

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  61. itunes by BlackSnake112 · · Score: 1

    I thought we were trying to get ipods to sync with software other then itunes. Not getting more hardware syncing with itunes.

  62. Mozilla by sochdot · · Score: 1

    Doesn't just about every browser still claim to be Mozilla in the user-agent response?

    --
    If at first you don't succeed, destroy all evidence that you tried.
  63. Re:sound like a monopoly now? by Dare+nMc · · Score: 1

    [citation needed]

    http://tech.blorge.com/Structure:%20/2008/10/03/digital-royalty-rates-frozen-after-itunes-threatens-shutdown/
    The Copyright Royalty Board has frozen the rate digital retailers must pay to artists for the next five years after a showdown with Apple. The largest digital music retailer threatened to shutter its iTunes service if it was forced to pay a higher rate.

  64. Re:DMCA ??? by Planesdragon · · Score: 2, Insightful

    They are circumventing the (very poorly conceived and implemented) technology that enforces the rule that only iPods can connect to iTunes

    Which is not a copyright protection technology.

    You can't put DRM'd files on the Palm Pre. the Pre does not crack or remove the iTunes DRM. Everything you can do wtih a Pre and iTunes you can do with an iPhone and iTunes. Ergo, Apple hasn't got a leg to stand on.

    Neither will Palm if Apple just switches it -- aside from a possible monopoly claim. Really, though, "a rising tide lifts all boats." The more devices look to iTunes, the more iTunes gets used. The more iTunes gets used, the more direct revenue for Apple. and they'll sell more iPods, too.

  65. Re:DMCA ??? by David+Gerard · · Score: 1

    Yeah. I'm sure Apple will approach this with all due caution, 'cos they may be psychotically obsessive control addicts but they're rather good at business and not actually stupid.

    --
    http://rocknerd.co.uk
  66. Media Sync by Mista2 · · Score: 1

    Cool. By identifying as an iPod, then it will also seemlessly synch with my linux clients - Banshee on my netbook, & Amarok on my desktop 8)
    Now if they would only detail the really important sync - calendar, tasks, contacts and mail.

  67. Re:DMCA ??? by EvanED · · Score: 1

    Um, why single out Windows? It looks the same for me on RHEL.

  68. That's it, thanks! by Xtifr · · Score: 1

    Thank you! That is exactly the one I had in mind. I actually did do some searching to try to find a link, but didn't stumble on the right keywords.

  69. great marketing move Palm by recharged95 · · Score: 1
    Yesterday felt like it was Apple's media blitz for WWDC and Iphone V3. There was so much news on iPhone v3 and bashing of the Pre.

    Palm obviously squashed that today (no Apple news on the interwebs) with this. Cause now, Apple either responds with a lawsuit or iTunes patch (looks evil) or spins it and says it's a benefit of iTunes (and since everyone thinks iTunes is bloat ware, looks like a monopoly, hence evil) and continues the Palm discussion, i.e. advertisement away from iPhone v3.

    Win-win for Palm.

    Now Apple can ignore all this and hit hard with the iPhone v3 specs, say tomorrow (same day as Palm's release) and it will take the steam outta Palm and set them up for a normal WWDC. Apple better do something now cause the Pre reviews have been a. totally bias-crap to pretty good, gorgeous screen device--easliy an iPhone contender.

    1. Re:great marketing move Palm by greyhueofdoubt · · Score: 2, Interesting

      >>Apple either responds with a lawsuit or iTunes patch

      The thing is, old iPods will always be supported. There is nothing fancy about what Palm is doing here- it's just two bytes that represent "Apple" during the handshake. These are the same two bytes throughout the iPod line, and changing them would mean either: a hack workaround which changed the handshake but that still allowed both new and old, which would allow the Pre to work; or updating iTunes and all the devices to show a new handshake which would take about 10 seconds to patch on the Pre.

      The second scenario would entail a lot of negative PR for Apple without really changing the playing field. After the so-called "brick patch' that "broke" Jailbroken iPhones, I don't think Apple would try that tactic again.

      -b

      --
      No offense, but I've stopped responding to AC's.
  70. Re:DMCA ??? by wiredlogic · · Score: 1

    The original Game Boy used a bitmap Nintendo logo in the cartridges that was verified by the GB before a game was allowed to execute. This was an effort to use copyright to prevent third party cartridge production as had happened with the NES. This issue went to court and the ruling was that interoperability prevailed and other companies would be allowed to produce unlicensed games. This is the same thing here. If spoofing an Apple product is what is needed for interoperability then so be it. The law sees nothing wrong with that.

    --
    I am becoming gerund, destroyer of verbs.
  71. Quite the opposite... by Anonymous Coward · · Score: 0

    Well... I've seen that the list is pretty old and the KB document says it won't be updated anymore.

    But, if Palm wished to sync Mail notes, iCal events, Address Book contacts and Safari Bookmarks, it could be easily done through iSync / Sync Services.

    I tried to find any documentation on how to create a plug-in for a new device to work with iTunes, but found nothing...

  72. Re:sound like a monopoly now? by Anonymous Coward · · Score: 0

    http://tech.blorge.com/Structure:%20/2008/10/03/digital-royalty-rates-frozen-after-itunes-threatens-shutdown/
    The Copyright Royalty Board has frozen the rate digital retailers must pay to artists for the next five years after a showdown with Apple. The largest digital music retailer threatened to shutter its iTunes service if it was forced to pay a higher rate.

    The key word here is "digital retailers". The Copyright Royalty Board wanted to charge higher rates for digital media retailers than to physical media (CDs) retailers. Apple did the right thing here.

  73. Who sues? by qeraser · · Score: 1

    My thumb drive thinks it's a CDROM drive.

  74. BadApple by kneeslasher · · Score: 1

    Does anyone remember the BadApple plugin that allowed iTunes to sync with any mass storage? It died a death very similar to FacebookSync.

  75. Sweet side effect by Anonymous Coward · · Score: 0

    Seems like nobody's mentioned this yet - by pretending to be an iPod the Pre won't only make itself compatible with iTunes, but also with EVERY OTHER media managing program out there that supports iPods, which is to say pretty much all of them. Smart move, you can't buy that kind of out-of-the-box compatibility for a new device.

  76. more options by operator_error · · Score: 1

    This is a no-phone, data-contract-only option I am aware for the US:

    http://www.t-mobile.com/shop/plans/cell-phone-plans-detail.aspx?tp=tb1&rateplan=T-Mobile-Total-Internet

    Then you could buy any phone you wanted to use or develop for. Having been in Europe for a long time now, I don't understand the US telco contract-phone market, but I am aware T-mobile has this 'unlimited' mobile internet for $40 a month, no phone included.

    I wrote this out, because I couldn't figure out why Nokia wasn't on your Dev-list, but then I figured maybe Nokia isn't offered with contracts in the US, (or maybe Nokia isn't your personal pref.). At any rate, I really like Nokia, because I develop VOIP systems, and Nokia supports the open SIP VOIP-standard really well in the OS, which draws little power compared to running an application like Fring. So obviously I try to steer my corporate clients to consider Nokia phones, but really only the ones on the always-updated list of supported SIP phones:

    http://www.forum.nokia.com/main/resources/technologies/voice_over_IP/voip_support_in_nokia_devices.html

    The N79 has all the features the iPhone doesn't offer to this day, for 287 euros cash (like shooting DVD quality video, A2DP bluetooth meaning speaking-headset/music support), and even negates the need to carry a Polar heart meter when cycling with site/nav-GPS which is why I want one. Note that price includes a 19% value-added tax that businesses like me (sole-proprietership developer) do not pay.

    http://gsmtrack.nl/index.php?page=merken&action=toestellos&id=708&id2=1135

    And Nokia is attempting great things, like their Sports social-networking site, which I hope they make more dev-friendly: http://sportstracker.nokia.com/

    And as far as I am concerned, no phone short-list is complete without the Neopwn, which runs Debian, Firefox, etc., and does *much* more!

    http://www.neopwn.com/

    And for what's worth, on the deskphone side, I just bought a Polycom IP650, for its speaker-phone quality, and It Rocks(!!), and with a great GUI too.

  77. Palm Pre does not handle FairPlay by tepples · · Score: 1

    Ink cartridges from the original manufacturer don't have any protection against printing plagiarized copies of works, either. Therefore, the DMCA wouldn't apply because no one reversed-engineered anything with the purpose of getting around an engineered blockade to content duplication.

    Nor does Palm plan to support Apple's FairPlay brand of engineered blockade to content duplication.

  78. Re:DMCA ??? by Pepebuho · · Score: 1

    Not right. DMCA allow you to circumvent for interoperation purposes.

  79. I'm going by history by SuperKendall · · Score: 1

    Wow, so you are just going to ignore Apples long history of litigation...

    No, I'm not going to go with that history since it only tells us what Apple will do when faced with an issue with pretty clear legality.

    Instead I'm going by the real-world history of what Apple has done about Jailbreaking, which is nilch - hardly even bothering the process with updates much less litigation.

    This situation is more like Jailbreaking than any lawsuit Apple has filed.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley