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Are Google Music and Amazon Cloud Player Legal?

Fudge Factor 3000 writes "Earlier this year both Google and Amazon introduced cloud music storage where users could upload their music and listen to it wherever they had an internet connection. The music industry, however, was up in arms because they believed that Google and Amazon had to pay additional licensing fees for their music storage services. Tim B. Lee at Ars has written an excellent summary of the legal issues surrounding these services. His ultimate conclusion is that Google and Amazon would probably withstand any legal assaults, but it still remains a tough call."

41 of 226 comments (clear)

  1. deja vous, anyone? by v1 · · Score: 3, Insightful

    Didn't they already try to pull this with ipods?

    Sometimes it's called "shameless greed". Other times it's called "doing business".

    --
    I work for the Department of Redundancy Department.
    1. Re:deja vous, anyone? by monoqlith · · Score: 3, Informative

      It's not greed. It's stupidity.

      They rejected every deal these services had to offer, not realizing the obvious financial advantage of having an agreement before launch. They walked, and now they have to play legal catch-up in order to ultimately get probably less than they would have gotten if they had just agreed to the worst deal.

      Sigh. Someone on the negotiating team should have known that these companies feel that they could absorb whatever the costs of being sued would be and still walk away profitable. But they didn't. So they have the business sense of gnats.

    2. Re:deja vous, anyone? by zippthorne · · Score: 3, Interesting

      Well, music is what.. a 9 billion dollar industry? After executive bonuses, executive compensation, payola, legal expenses, democratic fundraisers, chinese labor costs, marketing costs, and maybe something for the musicians, what's left for quality negotiation teams?

      Frankly, the real surprising thing is that this "industry" that is, in fact, dwarfed by the net profits of each of more than a couple large corporations, gets such a disproportionate amount of press and political clout.

      --
      Can you be Even More Awesome?!
    3. Re:deja vous, anyone? by node+3 · · Score: 2

      They rejected every deal these services had to offer, not realizing the obvious financial advantage of having an agreement before launch.

      "Rejected"? Neither Google nor Amazon sought permission. Only Apple did. And thanks to Google's and Amazon's hubris, Apple was able to negotiate a pretty sweet deal. So the real question is whether Google's and Amazon's risk will pay off. I really hope it does. It would be a great precedent for consumer's rights with what they can do with their own music, but realistically, American law doesn't exactly leave one with optimism here.

      Sigh. Someone on the negotiating team should have known that these companies feel that they could absorb whatever the costs of being sued would be and still walk away profitable. But they didn't. So they have the business sense of gnats.

      No, what will happen, if Google or Amazon are sued and they lose, is they have to completely shut down their service, find a new way to operate it (which doesn't seem feasible, their systems are pretty simple as it is, the user uploads their music. If that's the problem, there isn't much of a way to work around it), or enter into a licensing agreement with the studios and labels.

      Apple's deal also allows them to match music so the user doesn't have to upload their music for it to be available. Google and Amazon really missed the boat here in not going for a deal. But it does make sense, the fact that they didn't seek permission may help their case if they are going to claim they don't need permission. Had they asked and not come up with a deal, it might make their position harder to defend later on.

    4. Re:deja vous, anyone? by Totenglocke · · Score: 3, Insightful

      So basically the RIAA is trying to claim that if you legally own an MP3 and legally join a service that lets you store said MP3 on a server, you are not legally allowed to play it directly from the server and must download it to your car / computer / phone / mp3 player first? Sorry, but I doubt that'll hold up in court (though with the morons we have in the "justice" system, you never know).

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    5. Re:deja vous, anyone? by Anonymous Coward · · Score: 3, Interesting

      I wonder why Google, Amazon and Apple don't each buy out one of the major labels outright. It can't be an antitrust issue if each get one. Problem solved.

    6. Re:deja vous, anyone? by node+3 · · Score: 2

      So basically the RIAA is trying to claim that if you legally own an MP3 and legally join a service that lets you store said MP3 on a server

      We need to stop right there. The RIAA, if they pursue this, will make the point that that the service itself isn't legal.

      It's not even clear that they, or any of the major players involved, have any plans to enter into such a lawsuit, but it's pretty much exactly what happened to MP3.com. Amazon and Google have a fairly key difference in how they work compared to how MP3.com worked, but the weakness is the same.

      you are not legally allowed to play it directly from the server and must download it to your car / computer / phone / mp3 player first?

      No, that's not what I'm saying at all. I'm saying that the copying (whether streaming or fully cached) is the part that makes it vulnerable to copyright law.

      Sorry, but I doubt that'll hold up in court (though with the morons we have in the "justice" system, you never know).

      Why not? That's exactly what happened to MP3.com. There is one key difference, and hopefully that's enough (ironically, there's *more* copying involved with Google's and Amazon's services than with MP3.com, but the copying is more reasonable).

      Anyway, only time will tell.

    7. Re:deja vous, anyone? by breser · · Score: 5, Insightful

      I don't think Google and Amazon missed the boat here at all. I'd say that Apple missed the boat.

      Google and Amazon's services allow streaming. Apple's doesn't. Apple's service is just a sync. A sync that avoids the upload and requires the download.

      I can't access my music collection from my work computer without downloading it there. In fact my music collection becomes only available on iPhones/iPods and through iTunes. Amazon will end up being almost entirely platform neutral because they have no dog in the platform game. Google will likely try to support the IOS platform, assuming Apple lets them. I'll admit Google's support will probably lag behind the Android support and not be as good for IOS.

      How much you wanna bet me that Apple never puts anything out for Android or any other mobile platform?

      Apple's entire strategy here is to extend their lock in while fixing one of the annoyances of multi-device usage with iTunes. If they succeed we all lose.

    8. Re:deja vous, anyone? by Anonymous Coward · · Score: 2, Insightful

      "So basically the RIAA is trying to claim that if you legally own an MP3"

      Stop there! You never own music, unless you made it yourself. You "rent" music by licensing certain rights to play it under certain circumstances. The whole shebang hinges on the argument that we as consumers, rent the music and so therefore a third-party should not be allowed to step in and copy the music as it wishes, as the RIAA have not explicitly granted these third-parties the right to copy that music. Apple is getting the praise and Amazon and Google could end up in court arguing for the next 5 years over this point.

      I don't buy major label music anymore, I go to gigs and I buy direct from artists on their websites. Luckily I listen to miche music, death and black metal, so it's easier as a lot of it is still relatively indy and underground. When I pay I know the money, or a very large percentage, is going straight into the artists pocket and helping them make more music I like. I still don't own the music but at least I know that some greedy record exec is not eating a 5 course lunch on my money while the artist checks if he can afford a burger for lunch that day or get some new strings to play another gig that night.

    9. Re:deja vous, anyone? by cHALiTO · · Score: 2

      Funny how, depending on what's more convenient at the moment, they argue that they actually "license" the content (say, a song) to you, so you don't own a copy, you're just paying for the right to listen to the song, yet when you say "ok, then I'll just copy it to every player I have so I can listen to it on my car, my mp3 player, my home HiFi setup, my computer, etc" they go "no, wait! you actually bought one copy! on CD! if you want an mp3 you have to buy it again!"

      Fuck them

      --
      "Luck is my middle name," said Rincewind, indistinctly. "Mind you, my first name is Bad." -- Terry Pratchett
    10. Re:deja vous, anyone? by cHALiTO · · Score: 2

      When I go to a store and buy a CD, I don't sign any lease (or any other kind of) contract. I BUY A COPY which I'm free to use as I see fit within the limits of copyright law (which in essence means: no public showings, no redistribution without permission).
      If they want to lease music under specific extra-copyright restrictions, they should clearly state so and not make everyone think they're buying something. Copyright doesn't give IP owners the right to impose conditions on usage other than those which are accounted for in copyright law. after a sale has been made. All this shenanigans about "licensing" is relatively new, and has been completely overdone in the software industry in particular.

      Along with the standard computer warranty agreement which said that if the machine 1) didn't work, 2) didn't do what the expensive advertisement said, 3) electrocuted the immediate neighbourhood, 4) and in fact failed entirely to be inside the expensive box when you opened it, this was expressly, absolutely, implicitly and in no event the fault or responsibility of the manufacturer, that the purchaser should consider himself lucky to be allowed to give his money to the manufacturer, and that any attempt to treat what had just been paid for as the purchaser's own property would result in the attentions of serious men with menacing briefcases and very thin watches.

      Crowley had been extremely impressed with the warranties offered by the computer industry, and had in fact sent a bundle Below to the department that drew up the Immortal Soul agreements, with a yellow memo form attached just saying: "Learn, guys."

              -- Crowley is a demon, in case you don't know (Terry Pratchett & Neil Gaiman, Good Omens)

      yeah, I like PTerry's work :D

      --
      "Luck is my middle name," said Rincewind, indistinctly. "Mind you, my first name is Bad." -- Terry Pratchett
    11. Re:deja vous, anyone? by AmberBlackCat · · Score: 2

      I wonder why Google, Amazon and Apple don't each buy out one of the major labels outright. It can't be an antitrust issue if each get one. Problem solved.

      I think they should start their own. It seems to me like the only things the music industry provides, that the artist can't do alone, are marketing and distribution. Now that downloading music is as easy and common as buying it in a store, distibution is hardly an issue for Google, Apple, or Amazon. And they can afford promotion. All they have to do is the same thing the old-school labels do: find some pretty teens and turn them into pop sensations while occasionally stumbling upon a truly talented artist who becomes a music icon.

    12. Re:deja vous, anyone? by Toonol · · Score: 2

      The RIAA has been doing DRM for over a century...

      I'm confused. What was DRM'd prior to, say, the CD or DAT, in the 80s?

    13. Re:deja vous, anyone? by 4pins · · Score: 2

      I BUY A COPY which I'm free to use as I see fit within the limits of copyright law (which in essence means: no public showings, no redistribution without permission).

      So I worked at a place that shipped content (specially licensed for showing to groups) to our members. As streaming came along, we started to loose members. I suggested we start streaming what we have to one member at a time. I was then told, "That has been deemed broadcasting and we do not have the rights to broadcast." So if my employer had a clue, you cannot broadcast your own music to yourself.

      --
      I will not mourn that which I never had to lose. - Unknown
  2. Yay America! by Llian · · Score: 2

    Land of the Free (Ride for corporations with massive lobby groups)!

    Seriously, the ONLY difference with putting it in the cloud and setting up a server in your own home to do this is the RIAA et al see this one and want their Free Lunch.

    1. Re:Yay America! by node+3 · · Score: 2

      The RIAA and Co. have never sued anyone for using their own music digitally. They have sued when a third party is involved. The issue isn't that you are able to stream your music to you from your own system, or even from a web server somewhere else that you operate. The problem is that you are uploading your songs to Google or Amazon, which may very well be copyright infringement.

      Or maybe it isn't. The problem is that Google and Amazon, like MP3.com before them, make an easy target. If it *is* infringement, they can have it shut down. If it's not, well, hooray for the rest of us for a change.

      Strictly speaking, I don't think the way Google and Amazon operates should count as copyright infringement (even though it does involve making a copy without permission, this isn't the sort of thing that should require explicit permission IMO), and they stand a reasonable chance. However, "reasonable" isn't the first word that comes to mind regarding US copyright laws.

    2. Re:Yay America! by node+3 · · Score: 2

      EXACTLY THIS. How is my home media server (I have two) any different from Amazon's cloud? Answer: There IS no difference.

      The difference is you are copying the file to yourself on your own home media server. Whereas with Google and Amazon, you are copying your file to them. Whether that difference counts legally has yet to be determined, but it's a fairly important difference.

    3. Re:Yay America! by Totenglocke · · Score: 2

      No, you are copying it to a network drive that only you can access - no different than hosting your own server or copying it to an external hard drive (or even iPod for that matter). No one is able to make copies from another person's drive, which would be copyright infringement.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    4. Re:Yay America! by shutdown+-p+now · · Score: 2

      The difference is who owns the drive. If you are copying it to Google's hard drive, that's quite different from copying it to your own.

      I haven't read their EULAs, but I suspect the way it's worded is that you're effectively renting that storage. I very much doubt that you can't copy an MP3 on a storage you own - I mean, if I rent a laptop, and load it with my MP3s, am I "distributing"?

      All in all, the main reason I think they're good is because both Google and Amazon have went ahead without any license deals. That means that at least two independent lawyer teams - and, I would imagine, pretty expensive ones at that - have reviewed the law on this matter.

    5. Re:Yay America! by shutdown+-p+now · · Score: 2

      Law supersedes contracts.

      Otherwise, couldn't you just make a bittorrent EULA that says you are only "borrowing" space on other people's computers and that they have no right to use the copy themselves?

      The EULA doesn't alter the fact that you are copying the file to a hard drive that is owned by Google or Amazon.

      The concept of rental is well-established in the law. If I rent an apartment, whatever I store in it is my concern, and I bear sole responsibility over it, even though the apartment itself is owned by someone else.

      That's not how the law works. Legal teams don't get to decide the law, judges, juries, and legislatures do. Every day, lawyers sign off on things that are later found to be illegal.

      I know how the law works. Nonetheless, the point of legal review is to have reasonable assurance that your actions are not illegal. Quite obviously, legal teams at both Google and Amazon realized that RIAA et al will scrutinize the legality of the arrangement very thoroughly, and so surely they did go over all the weak points. Judging by the fact that they (both!) gave the go-ahead, the consensus is that the law in the area favors them. The fact that RIAA haven't sued yet (despite whining a lot in the media) further goes to reinforce the point. Sure, it may well be that they overlooked some important corner case, but the chances look slim to me.

      Either way, I don't see what the risk is for the end users. I would imagine the numbers for both services combined now number in hundreds of thousands; if RIAA goes out with a blanket lawsuit targeted at everyone who uploaded so much as a single file, it'll be a PR clusterfuck of epic proportions for them, and even they are not that stupid.

      (I do assume that you back up all purchases you make "in the cloud" locally here, as I do with my Amazon account - this is a good idea regardless of any legal uncertainties, since you never know when the particular piece of the "cloud" goes belly up.)

  3. We're from the music industry by Compaqt · · Score: 4, Insightful

    And we'd just like to remind you that you need a separate license from us when:

    -you buy the CD
    -you rip it to your hard drive
    -you make backups of your hard drive
    -you copy it to your MP3 player
    -you copy it to your cloud storage
    -you stream it from your cloud storage
    -you copy it to your brains neural network

    N.B.: If you retain a copy in your brain's storage (also called "song in my head"), you'll need another license.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:We're from the music industry by Delarth799 · · Score: 3, Insightful

      You also forgot that you will need a license if you:
      -sing a song aloud
      -play a CD in your car too loud
      -play the radio too loud
      -write down some lyrics to remember that song later
      -in any other manner reproduce or recite a song

    2. Re:We're from the music industry by MacTO · · Score: 2

      I tend to think of these things in rather simplistic, though hopefully realistic terms:

      We are trying to come to terms with a very real paradigm shift.

      In the past, life was easy. The written word was the written word. Broadcast TV was broadcast TV. A CD was a CD. You can replace each technology with what you wish (as long as it was available at the tie), but the equation was always the same.

      Things these days aren't so simple though. Words can be in print or on the screen. When on the screen, they can be in innumerable formats. Same goes for video, which currently comes in a multitude of formats (from DVDs to files to streaming). It used to be relatively hard to store, so you could choose broadcast or cable or even VHS, but the reality is that recording on VHS usually cost a significant portion of buying on VHS so the former didn't make a huge difference. Cheap people could do what we call time-shifting today, but it was usually more convenient to buy what you wanted to keep (both because of the time and effort as well as the quality of the result) and time-shifting doesn't really matter (even to people in the industry). Music was a bit different, albeit not hugely different. It was certainly a lot cheaper to copy individual songs that you liked from albums in the audio cassette era, to create mixes, but that was mostly because individual songs stood alone yet it was cheaper to sell them in compilations. Life is more complex today though, since it is easy to sell singles in an industry that used to thrive on compilations. But that's their fault. What isn't really their fault is how we think about those singles. Once upon a time we used to think a cassette would work in a car or a stereo or a walkman. That worked for us. That worked for the industry. Thing is though, we think in easily copyable files these days, while the industry still thinks in terms of media that you carry around. The cassette may have been playable in all of those places, but there was only one copy. The audio file may be playable in all of those places, but there are multiple copies. And when there are multiple copies, they can be used concurrently. That is a problem for the recording industry, and I think that it is legit.

      How do we fix that problem, I dunno. They don't know either, and most consumers don't care because they feel entitled. And as much as I disagree with the publisher's feelings of entitlement, I also disagree with the consumer's feelings of entitlement.

    3. Re:We're from the music industry by TheRaven64 · · Score: 2

      The illegality of format shifting in the UK happened without the influence of the US music industry, or any other music industry. Copyright law states that you can not make a copy, except in some situations, without explicit permission. When the relevant law was passed, home recording was not considered and so there is no exemption for home format shifting. It's one of the things that's up for review at the moment.

      --
      I am TheRaven on Soylent News
  4. The Cloud cannot legally be used for content... by paulsnx2 · · Score: 2

    ... because.

    Well, I mean, really!

    The artists! Think of the artists!

    Child Porn.

    Old people. Abused in Nursing homes.

    And people can sing anything they want on their Birthday as long as it isn't to the tune written by the Hill's sisters in the late 1800's ... you know, "Happy Birthday to You! ... Happy birt ... [ BANG! THUD! ]

    {sound of body being drug out of reality into the cloud. }

    ----- You can't have a new technology if there is any possible way Big Content can kill you. it. I mean it.

  5. Sony, BASF and Maxell by retroworks · · Score: 2

    I do not remember that storage media was required a license. Sony Corp. of America v. Universal City Studios, Inc. is the 1984 USA Supreme Court ruling which said once I bought a song I can record it in another media for my own use. Sony, BASF and Maxell made the cassettes used for the backups, and only Sony objected. But did Sony, like Apple (in the current article) feel it necessary to pay license fees when their own cassette tapes were being used to back up the media?

    --
    Gently reply
  6. At some point poking the beast will not be wise by Telvin_3d · · Score: 5, Interesting

    Every time these types of things rear their head, I can't help but think one thought.

    The Music industry isn't very big.

    Or at least, not particularly valuable. They are small potatoes. Tin gods that have been acting like 500 pound gorillas for so long that it doesn't get generally questioned. But they are tiny. Miniscule.

    It's a slippery number to pin down, but what I see tossed around when the value of the recording industry comes up is yearly revenues in the range of 10 Billion, give or take a couple. Grand total, worldwide. Not just new music or record sales or some small slice, but the grand total yearly gross revenue.

    The market cap of Apple alone is in the 300 Billion range. The iPad by itself will likely have a higher revenue this year than the entire music industry. And the other players in the market are people like Google and Amazon and Microsoft. The music industry is repeatedly going out of its way to poke a stick in the eye of a market that is at least one order of magnitude larger than them.

    So far it hasn't be worth the trouble of swatting the mosquitoes. Any modern attempt to replicate what Sony did in the 80s and absorb a significant chunk of the music industry will be met with the mother of all corporate and government battles. It would open more anti-trust, market capture, licensing and trade issues, etc. than even their armies of bored lawyers want to contemplate. Even if every interested party in the technology world got together as a consortium to buy out the record companies and license everything on open and non-discriminatory terms it would kick off the legal battle of the century.

    But at some point it will be worth it. Between Google and Amazon's services and the massive data center that Apple just built, the tech companies may have spent more in the last year to create these services than the record industry will collectively bring in. If the mice don't learn to fear the cats they will be eaten.

    1. Re:At some point poking the beast will not be wise by zippthorne · · Score: 3, Insightful

      No, it's incredible that companies' goals and our own public good might align such that companies seeking their own interest will be fighting for the public good, too.

      That's not something to be depressed over, it's something to celebrate the few times it genuinely happens.

      --
      Can you be Even More Awesome?!
    2. Re:At some point poking the beast will not be wise by AncientPC · · Score: 4, Interesting

      Johanna Blakley gives a TED Talk about fashion's free culture where she compares it to the music and movie industries (slides here, PDF).

      They say that pictures are worth a thousand words, so here's a simple chart displaying the relative gross sales of each industry.

    3. Re:At some point poking the beast will not be wise by Kjella · · Score: 3, Insightful

      The music industry is just one part of it. Pretty much all that work in the IP industry is looking at some form of "First they came for the music industry..." scenario. The RIAA. The MPAA. TV networks. The porn industry. The BSA. E-books. Put together there are a lot stronger forces at work to defend copyright, because they all realize it's not going to stop there. It would come to a showdown of who controls the creative output of all of them, they or the public. Sure, there's a little bit of infighting right now but don't pretend any of them has really changed sides, this is just corporate interests interfering.

      Apple is hardly in the "anti-IP" camp. They have a ton of software patents on their products, they subscribe to the idea "we designed it, we OWN that idea". They're just opposed to anything that gets in the way of their profit margins. That's the way with most these companies, they're playing both sides of the fence. Google almost closed one helluva book deal where they'd use copyright to give themselves exclusive rights to the scans. Amazon makes good money on shipping CDs, DVDs, BluRays, computer games and so on - is it in their best interest to stir the pot here? And Microsoft is of course a heavy copyright defender.

      So what are they going to say to the music industry? "You're being to obsessive-compulsive about control, ease up!" is the pot calling the kettle black - at least the music industry doesn't have mandatory online activation yet. Both the video and software industry is full of DRM that music doesn't have anymore. They just want to tug at this a little to make them back down, not unravel the whole rug. They certainly don't want the public to take any of this as any kind of endorsement or support for weakening corporate control, that's for sure. In the end I think that's why they reached an agreement, they have more to lose than to gain by bringing it to a showdown in court.

      --
      Live today, because you never know what tomorrow brings
    4. Re:At some point poking the beast will not be wise by devent · · Score: 2

      The problem is that the "High IP Industry" is concentrated between a few players. There are only 4 major music publishers and Hollywood. Their CIOs can easily come together and spend a few million in campaign contribution and call themselves the "I.P. lobby". In addition, they know they are minuscule and they know they will get less and less important, so they are making everything in their possibility to get any help they can get. Also, they always claim to represent the authors, musicians and filmmakers of the world.

      Politics in the USA have nothing to do with rational thoughts. It have a lot to do with personal believes, personal agendas and who is making the most noise (meaning contribution money).

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    5. Re:At some point poking the beast will not be wise by Lemming42 · · Score: 2

      I've watched that talk before, and while the message is interesting, she casually (and frequently) glosses over the fact that her industry is literally about putting the clothes on people's backs. It should be surprising to no one in the audience that people buy food and clothing more than CDs and DVDs.

      If I recall correctly she even talks about how their industry requested and was /denied/ copyright on the ground that clothing /was too important a commodity/ to be regulated as such. It's not that they're a group of "fashion should be free" folk, it's that they're not allowed to stifle a basic good needed for human survival.

      I'll emphasize again that the talk has a lot of interesting points about innovation and reuse of ideas, but implying that leisure and luxury industries can adopt similar strategies and see similar results seems specious.

  7. Maybe Google should just buy the music industry. by bdwoolman · · Score: 2

    Was it Chris Anderson who recently suggested that Google simply purchase the whole shebang? Anyway, the entire recording industry is valued at something less than Google's cash reserves.

    I would like to be a gecko on the wall to see the look on the Sony Music legal team's faces when they find out that the company they have been suing now owns them. w00t!

    --
    "No fear. No envy. No meanness." Liam Clancy
  8. Maybe I'm getting old but... by pandrijeczko · · Score: 2, Informative

    ...all this iCloud, Amazon and Google music storage nonsense sounds a complete waste of time.

    For years I've been buying CDs, ripping them to FLAC once then converting to MP3 as I need them. I store the MP3s on a portable hard disk and keep it with me for when I need it. It also works when there's no Internet connection.

    Personally, I think far too many of you have far too much spare time on your hands to be worried about some nonsensical and convoluted web services that are trying to justify their own existences. That's why you should learn to think like an engineer because you can discover simpler solutions for yourself.

    --
    Gentoo Linux - another day, another USE flag.
  9. Re:Why not cut out the middle men? by Nursie · · Score: 4, Insightful

    "Personally all music largely dies and most people are just vainly listening to it trying to recapture lost memories. Better to let the old greed driven crap die and let new open, creative commons music take it's place."

    I could not disagree more. There was great music made before I was born that is still great. There is music made now (though granted a small percentage) that will also stand the test of time. It's not all throwaway trash.

  10. No more or less evil than MP3 by SuperKendall · · Score: 2

    Incidentally, the usage of AAC serves no practical purpose as it is supported by less players than MP3, FLAC or even OGG.

    Well hundreds of millions of people with iPods or iPhones or iPads would disagree with how "useless" an AAC file is.

    To claim it's supported on fewer devices than Ogg... absurd.

    Every time you use AAC you are one step closer to handing over your Consumer Rights to Apple - my advice is don't use it in the first place, it's evil.

    Why? There is nor DRM. At any point I could transcode to some other format if I wanted. The audio quality is quite good (better really than MP3) and it has all the same issues that MP3 does as far as patents go.

    I like Flac too but even with cheap disc storage these days the space to keep FLAC of everything is daunting, and there's lots of music I don't care about THAT much.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:No more or less evil than MP3 by gmhowell · · Score: 2

      AAC is a proprietary (Apple-owned) file format just like MP3 - therefore every time you use it you can theoretically be asked to pay a license for it. And if that license is not granted for some reason, then you files are useless to you.

      You seem to be very certain about 'facts' which turn out to be very wrong.

      Spend a few minutes looking at the references on the article on AAC and you'll see:

      • It was not developed by Apple
      • it is supported on tons of devices
      • no licenses are required to decode AAC encoded files

      This is very easy information to find. Nothing wrong with you having opinions that are contrary to others, but when they are based on such blatantly false 'information', I have to wonder if there isn't something else guiding your opinions.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  11. Re:iCloud also works with no internet by SuperKendall · · Score: 2

    I don't see why having your data with you is a disadvantage

    Having all of it everywhere is a disadvantage in terms of size and weight.

    And if I save my money by not wasting it on pointless web services, then I can put a bigger hard disk in my laptop to store it there...

    iCloud is free, the Match part is around $20/year. Going to take a lot of years to pay for that new HD.

    Why would I invest in a service that might give more usability at some point in the future?

    You'd mostly be paying for what it does now. Isn't the possibility of future enhancements nice though?

    Finally, I don't like advertising. I don't like junk mail, spam or telemarketing calls. And if I watch TV then it's usually the BBC here in the UK where there is no advertising. I even do not have cable or satellite TV because I do not believe in paying for a service that also feeds me advertising. Plus I don't want my personal information sent around between corporations who I have not myself chosen to do business with.

    I believe in all the same things. I also hardly ever watch TV, I don't subscribe to cable, I don't like advertising AT ALL.

    And that is why I prefer to do business with Apple, the only company that seems willing to keep marketers at arms length from the consumers.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  12. Re:iCloud also works with no internet by Anonymous Coward · · Score: 2, Insightful

    1) You then don't have to carry around tens of gigs of data with you wherever you go.

    Seriously?
    Tens of gigs of data has taken a smaller space in my pocket than my keys for years.

  13. Taboo by Chicken_Kickers · · Score: 2

    I was watching a Discovery channel program about taboos of the native peoples around the world. At first,my knee jerk reaction was that it is a lot of hokum! Then I realized that the laws surrounding the sharing of music and video in the Western world is the new form of taboo. Completely arbitary restrictictions with potentially disproportionate repercussions. You know, kill a totem animal and end up as a frog in the next life, share a song and end up broke and imprisoned.

  14. Re:Not yet by breser · · Score: 2

    Pretty sure you can listen (maybe someone can confirm). I know there is no Linux upload client which makes your comment a fair point.