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10-Year-Old iTunes DRM Lawsuit Heading To Trial

itwbennett writes Plaintiffs in the Apple iPod iTunes antitrust litigation complain that Apple married iTunes music with iPod players, and they want $350 million in damages. The lawsuit accuses Apple of violating U.S. and California antitrust law by restricting music purchased on iTunes from being played on devices other than iPods and by not allowing iPods to play music purchased on other digital music services. Late Apple founder Steve Jobs will reportedly appear via a videotaped statement during the trial, scheduled to begin Tuesday morning in U.S. District Court for the Northern District of California.

246 comments

  1. Sweeeet by TheCastro1689 · · Score: 4, Insightful

    I bet I'll make out in the tens of cents, maybe even the dollars if I'm lucky.

    1. Re:Sweeeet by Eosi · · Score: 2, Insightful
      Well, since this does not appear to be a class action law suit, I think your kinda screwed as to getting any money.

      That said, they are basing their complaint on everyone who ever bought an iPod.. Which begs the question why its not a class action suit....

      So who knows.

    2. Re:Sweeeet by Eosi · · Score: 1

      Sorry, looking at another link, it is a class action suit. My error

    3. Re:Sweeeet by szmccauley · · Score: 1

      I believe they are planning to offer iTunes gift cards in lieu of settlement.

    4. Re:Sweeeet by TheCastro1689 · · Score: 1

      A bucks a buck I didn't have before.

    5. Re:Sweeeet by mythosaz · · Score: 1

      It does not beg any questions.

    6. Re:Sweeeet by Anonymous Coward · · Score: 1

      It s not a buck. It is a dollars worth of merchandise from their store. That might cost them 70 cents of that buck. That lessens the punishment, which I think should actually usually be strengthened.

    7. Re:Sweeeet by Anonymous Coward · · Score: 0

      The OP already recanted his first statement... Your post seems kind of redundant to me....

    8. Re:Sweeeet by Eosi · · Score: 2, Insightful

      Please, this is Apple we are talking about. I recall the first iPod touch was broken down, cost Apple $142 but they sold it for $500. That is a much larger mark up than the 30 cents you listed. That $1 song likely cost them 15 cents to the artist, 25 cents to the labels and 10 cents to BMG. If that.

    9. Re:Sweeeet by jandrese · · Score: 2

      That would be better than what I usually get from these class action settlements. I'm used to getting a coupon for 10% off of my next hardware purchase from the company that screwed me over, while the lawyers obviously get their millions.

      --

      I read the internet for the articles.
    10. Re:Sweeeet by TechyImmigrant · · Score: 1

      Nope. That was the class action thing. The question begging was still a standardized Slashdot failure.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    11. Re:Sweeeet by rudy_wayne · · Score: 2

      I notice that the lawsuit specifically defines members of the class action as people who "purchased one of the iPod models listed below directly from Apple between September 12, 2006 and March 31, 2009"

    12. Re:Sweeeet by Anonymous Coward · · Score: 4, Informative

      That's because you also don't know what "begging the question" means.

    13. Re:Sweeeet by Anonymous Coward · · Score: 0

      15 cents to the artist? Don't make me laugh.

    14. Re:Sweeeet by Anonymous Coward · · Score: 0

      BMG is the label. The artist doesn't get anywhere near that much.

    15. Re:Sweeeet by DoofusOfDeath · · Score: 3, Informative

      Which begs the question why its not a class action suit....

      Begging the question actually means assuming that something is true, in the course of trying to prove it.

    16. Re:Sweeeet by Opportunist · · Score: 3, Insightful

      Scrip ain't money.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    17. Re:Sweeeet by Anonymous Coward · · Score: 0

      I once got a $30 coupon to buy another TV from the same company that sold me a defective one for $1000. The Lawyers got like $20 million.

    18. Re:Sweeeet by Anonymous Coward · · Score: 0

      The Beggar Nazis strike again!

    19. Re:Sweeeet by Anonymous Coward · · Score: 0

      That said, they are basing their complaint on everyone who ever bought an iPod.. Which begs the question why its not a class action suit....

      Because no-one involved is interested in getting a dollars worth of iTunes purchases?

      If you can take it to small claims, do so. If your only option is to make a class action out of it you are better off writing a blog on how horrible your customer experience is and why no-one should buy from them.
      The ad-revenue will be larger than what you would get from the class action suit and it will take less of your time. Heck, you can even use the money for whatever you want.

    20. Re:Sweeeet by jamiesan · · Score: 1

      But isn't The Question is "What do you get when you multiply six by 9?"

      Shouldn't it be "begs a question"

      please notice the missing tongue-in-cheek html tags

    21. Re:Sweeeet by BronsCon · · Score: 1

      They take 30%, actually, so if we're talking $1, their cost is 70 cents.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    22. Re:Sweeeet by Anonymous Coward · · Score: 0

      Apples cut is set at 30% by contract, that is public and well known, you fucking moron.

    23. Re:Sweeeet by peragrin · · Score: 2

      I love those break down prices that assume assembly and tooling cost zero dollars per unit.
      The people who spout off those numbers as factual are funnier. Apples iPod profit margins are well known around at around 30%. Every new model is new tooling machines.

      It is why the shotgun approach to product development is bleeding everyone other than Apple dry.

      --
      i thought once I was found, but it was only a dream.
    24. Re:Sweeeet by Anonymous Coward · · Score: 0

      Not trying to be a zealot or anything regarding apple, but they also had other costs as well, like marketing, packaging, store's, delivery, so all of a sudden the cost is not $142.
      People really do like to pick on the big companies, when in reality, good on them, and microsoft, and google, etc,... for actually doing well, and I wish people would understand it is simply business with lots of people working to a single goal.

    25. Re:Sweeeet by gnasher719 · · Score: 1

      Comparing the bill of materials with the retail price and claiming the difference is "markup" just demonstrates that you have not the slightest clue about economics and should never, ever be allowed to run a shop.

    26. Re:Sweeeet by Anonymous Coward · · Score: 0

      Dude, that won't even begin to cover the $2 that I owe the paperboy [1], or the $3.50 that I owe the loch ness monster [2]. :(

      [1] = Better Off Dead (1985).
      [2] = Southpark, season 3 episode 3 (1999).

    27. Re:Sweeeet by xaotikdesigns · · Score: 1

      And it's only a buck if the court deems that they actually owe you a lot more. First the lawyers take their cut (at least half), then, the person that initially brought the suit gets a larger chunk of cash (I have seen anywhere between 15 and 30%). Which means that you are getting probably around a quarter of what the court says that they actually owe you.

      --
      XDInd
    28. Re:Sweeeet by xaotikdesigns · · Score: 2
      That's the amount that is paid out in royalties, not the total of their cost.

      While it may not be much on a per song basis, they also have server costs, bandwidth, developers to pay...

      All coming out of their 30%

      --
      XDInd
    29. Re:Sweeeet by xaotikdesigns · · Score: 1

      The trick is to be the first person to call the lawyers. If you do that, you also get a hefty payout for helping to get the lawyers rich.

      --
      XDInd
    30. Re:Sweeeet by BronsCon · · Score: 1

      You're almost right. We're talking about the cost of a single transaction, here, not the cost of running the entire business. While it is true that transaction volume impacts staffing, server, and bandwidth requirements, a single transaction does not have a measurable impact on these; further, transaction volume has no meaningful impact on developer workload (and, therefore, no impact on developer staffing). When you divide the tens of thousands of dollars Apple spends on all of that, with regard to iTunes and iTunes only, each month (let's use a high number, hell let's call it $100k), it only takes 10 million individual transactions to drop the cost of a single transaction to a penny. In the US alone, the top 10 songs have resulted in over 200,000 sales in the past 24 hours, so I'd say it's a safe bet the entire iTunes catalog sees more than 1 million transactions per day, again, just in the US, putting the cost per transaction somewhere around 1/3 of a penny, averaged over a month, only taking the US into consideration. When you factor in the global market, the cost per transaction drops so low it's not even worth considering.

      So, for the sake of not having to deal with rounding error while considering thousandths of cents, their cost is, for all intents and purposes, 70 cents per dollar.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    31. Re:Sweeeet by xaotikdesigns · · Score: 1

      There is also a cost per transaction for credit card purchases. This comes around $.025 to $.03 per transaction.

      --
      XDInd
    32. Re:Sweeeet by BronsCon · · Score: 1

      Oh, I'm sorry, I didn't know that applied to account credits awarded in a class action settlement or judgment, which is what we're talking about here. My bad.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    33. Re:Sweeeet by Anonymous Coward · · Score: 0

      Although it isn't a very useful phrase, being often confused for something completely different.

    34. Re:Sweeeet by Bite+The+Pillow · · Score: 1

      Not any more. Unless you still differentiate between a gay girl and knave girl. Since you don't type like a Canterbury Tale, I assume you agree that language evolves.

      Even in a plainly informative response, the context of logica. fallacy must be included.Because otherwise that's not normally what it is intended to convey.

    35. Re:Sweeeet by Anonymous Coward · · Score: 0

      It's a turn of phrase, not a word. If it didn't already exist, nobody would say "that begs the question" as it would sound retarded.

    36. Re:Sweeeet by Anonymous Coward · · Score: 0

      That said, they are basing their complaint on everyone who ever bought an iPod.. Which begs the question why its not a class action suit....

      Because no-one involved is interested in getting a dollars worth of iTunes purchases?

      Exactly - they all want to buy RealNetworks Helix DRMed music.

    37. Re:Sweeeet by Anonymous Coward · · Score: 0

      Stand by for your $1 discount voucher for SomeApp version 1.0 for the Apple II. Meanwhile the lawyers make millions.

    38. Re:Sweeeet by stealth_finger · · Score: 2

      Dude, that won't even begin to cover the $2 that I owe the paperboy [1], or the $3.50 that I owe the loch ness monster [2]. :(

      [1] = Better Off Dead (1985). [2] = Southpark, season 3 episode 3 (1999).

      You don't have to reference your references and it makes you look like a knob. Just saying.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    39. Re:Sweeeet by Eosi · · Score: 1
      Interesting. So your saying that Apple has made all of their contract Public, so that anyone can search them when ever they want.... Who is the moron now,....

      Apple has not done so for the Music Labels. What they charge the Independent people who sell music, without a written contract, is what you *know* about.

      When Apple increased cost to allow for DRM free music, they said they would not disclose what the agreement between them and BMG was to allow for that.

      If you have said contract, please share it. You would find that your numbers are way off.

    40. Re:Sweeeet by Anonymous Coward · · Score: 0

      Dude, screen shot or contract, otherwise F off with your trolling.......

    41. Re:Sweeeet by Anonymous Coward · · Score: 0

      Kyssan min aers ere ic wille bitan thin aers. Steorfath unscrifen, fyll Feond!

  2. Steve Jobs vs. Vladimir Lenin by mi · · Score: 2

    Late Apple founder Steve Jobs will reportedly appear via a videotaped statement during the trial

    As was often written on various propaganda posters in USSR: Lenin died but his cause lives on! .

    --
    In Soviet Washington the swamp drains you.
    1. Re:Steve Jobs vs. Vladimir Lenin by i+kan+reed · · Score: 3, Informative

      It really didn't though. Nearly all the naive idealists in the soviet government got axed by Stalin.

    2. Re:Steve Jobs vs. Vladimir Lenin by sexconker · · Score: 2

      Must.
      Crush.
      Capitalism.
      http://vimeo.com/87962641

    3. Re:Steve Jobs vs. Vladimir Lenin by Spy+Handler · · Score: 1

      More like the wise Hari Seldon who appears in hologram after death to guide the fledgling Foundation in its quest for growth.

    4. Re:Steve Jobs vs. Vladimir Lenin by Anonymous Coward · · Score: 2, Funny

      More like the wise Hari Seldon who appears in hologram after death to guide the fledgling Foundation in its quest for growth.

      The great Jobs will iAppear at various iTimes throughout iHistory to help guide the iFroundation in it's iQuest.
      Unknown is that behind it all the ultimate guiding mind is an iRobot following the zero'th law.

    5. Re:Steve Jobs vs. Vladimir Lenin by halivar · · Score: 1

      But he never told them the secret to defeating the Mule: a functional, minimalist neo-industrial interface inspired by Dieter Rams!

    6. Re:Steve Jobs vs. Vladimir Lenin by Opportunist · · Score: 1

      And just like in old Soviet times people think "Why oh why can't it be the other way 'round?"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Steve Jobs vs. Vladimir Lenin by DNS-and-BIND · · Score: 2

      Here is a book you need to read: Lenin, Stalin, and Hitler: The Age of Social Catastrophe. It is extensively footnoted so you can check out all the references if you desire. Lenin's benevolence was a myth created after his death. Hell, check out the Kronstadt Rebellion - people rebelled against the Communists in 1921. Lenin accused them of being imperialist stooges because they were starving and wanted to eat. He crushed them utterly, killing most and executing the rest.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    8. Re:Steve Jobs vs. Vladimir Lenin by stealth_finger · · Score: 1

      He crushed them utterly, killing most and executing the rest.

      So killing them all then?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    9. Re:Steve Jobs vs. Vladimir Lenin by Anonymous Coward · · Score: 0

      but Vladimir Lenin always alive!

  3. Pre-sentience! by Anonymous Coward · · Score: 1

    Late Apple founder Steve Jobs will reportedly appear via a videotaped statement during the trial

    What other prophetic videos had Steve prepared just for future legislation purposes?

    1. Re:Pre-sentience! by MouseR · · Score: 2

      They are called Jobs Crisis and are meant as guidance. Solutions are the realm of the secret, hidden Second Jobs.

    2. Re:Pre-sentience! by Anonymous Coward · · Score: 1

      Since this lawsuit is 10 years old I really wouldn't call it prophetic but I would call your pointless jab at the man pathetic.

    3. Re:Pre-sentience! by Anonymous Coward · · Score: 0

      Awww, someone is butthurt because his patron Saint Steve was dissed? That is what is pathetic.

    4. Re:Pre-sentience! by Opportunist · · Score: 1

      Knowing Apple, they probably just outsourced Jobs overseas.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Pre-sentience! by Anonymous Coward · · Score: 0

      Steve Jobs has prepared many video tapes for all manner of occasions.
      Straight outta The Heart, She Holler

  4. Change in operations instead of cash.... by flogger · · Score: 0

    I have an ipod.. If I am part of this class action settlement, I'll get 10 cents (as someone said earlier). I don;t want the dime; I want to be able to add media to the ipod without going through itunes... Want a class action lawsuit to do some good? Make it so that there are fundamental changes. of course Apple will say that it is impossible to put media on the ipod with out itunes... I know a few jailborken ipods that show otherwise.

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
    1. Re:Change in operations instead of cash.... by Anon-Admin · · Score: 0

      Did I miss something? You can load MP3's and M3U play lists on an IPod with Linux. Get rid of Windows/Mac and the problem goes away.

    2. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      I use copytrans on windows to copy to my iPod. There have been alternatives to iTunes since thenipod came out.

    3. Re:Change in operations instead of cash.... by Ravaldy · · Score: 1

      I present to you: A FAT TROLL.

    4. Re:Change in operations instead of cash.... by stevez67 · · Score: 2, Interesting

      I'd like to put Chevy parts in my BMW, but it's neither Chevy's nor BMW's problem, it's a problem with me feeling self-entitled to have things "my" way regardless the realities of life.

    5. Re:Change in operations instead of cash.... by mysidia · · Score: 1

      Apple will say that it is impossible to put media on the ipod with out itunes... I know a few jailborken ipods that show otherwise.

      How is it an antitrust violation to make hardware that requires an included proprietary tool (iTunes) to be used, in order to configure, operate, or manage the device?

      My USB RFID reader only works if I use proprietary but free of cost software as well. Also, it requires a proprietary program called a hardware driver.

      I can think of a few major access control hardware products that also have a required (free) Windows based software program you are required to download and install, before you can manage the device.

    6. Re:Change in operations instead of cash.... by jenningsthecat · · Score: 2

      You can load MP3's and M3U play lists on an IPod with Linux. Get rid of Windows/Mac and the problem goes away.

      I've even pulled songs off of iPods, although I don't and wouldn't own one. People who lose their iTunes account access think they're screwed, because they don't know how to get the music off the device. I just copy the songs off for them, then use a tagger and the metadata that's already in the files to convert Apple's 'obfuscated' filenames to sensible ones.

      I guess the point of the lawsuit though is that bypassing iTunes isn't necessarily obvious to the average user - Apple goes out of their way to keep you in their garden.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    7. Re:Change in operations instead of cash.... by neilo_1701D · · Score: 1

      Let's not forget the early iPod was a FireWire device, back when PC's had USB. Looks like we better nail Intel / Microsoft / Dell / Toshiba / HP as well, as they actively supported this antitrust violation by not including FireWire as part of the PC spec back then.

    8. Re:Change in operations instead of cash.... by TheCastro1689 · · Score: 1

      I think the suit is more that if you bought it through iTunes you could only instal it on like 5 devices or discs etc. At least when it was still new that was the rule. But you couldn't hook up a 3rd party player with iTunes, you had to have a workaround.

    9. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Why in God's name would you want to put Chevy parts in a BMW?!

      Other way around, maybe...

    10. Re:Change in operations instead of cash.... by TWX · · Score: 2

      That's a bad analogy. Auto parts, by and large, have always been proprietary.

      I don't know how I feel about this case. I avoided iTunes because I didn't like the two-faced approach of buying a license so you don't own the music, but if the device dies, you bought a file, we aren't obligated to let you retrieve the content that you have a license for.

      That one little hitch makes me like physical media better, as the physical media is the proof-of-license and the content in one package that can't be as-easily revoked.

      --
      Do not look into laser with remaining eye.
    11. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      They aren't obfuscated just to be obfuscated. It makes it much easier to look up filenames in a filesystem if they are all the same length. The directories are all 4 characters as are all the filenames. when you are saving memory and processing by doing this, the device appears much faster than if they didn't do this.

    12. Re:Change in operations instead of cash.... by rudy_wayne · · Score: 1

      I have an ipod.. If I am part of this class action settlement, I'll get 10 cents (as someone said earlier). I don;t want the dime; I want to be able to add media to the ipod without going through itunes... Want a class action lawsuit to do some good? Make it so that there are fundamental changes. of course Apple will say that it is impossible to put media on the ipod with out itunes... I know a few jailborken ipods that show otherwise.

      Apparently Apple did change something at some point. I received an iPod Classic 160GB, one of the models listed in the lawsuit, as a Christmas Gift in December 2010. Although I have to use the iTunes software to put music onto the iPod (iTunes being the absolute shittiest software ever written) I have never had a problem putting any music files I want on my iPod, even though none of there were purchased from the iTunes store. The iPod was purchased at Best Buy and is not Jailborken as far as I know.

    13. Re: Change in operations instead of cash.... by Divebus · · Score: 1

      The iPod was first and foremost an MP3 player. Where did they force anyone to buy music through the iTunes Store?

      Where's the lawsuit against Microsoft to force all the hundreds of "Plays For Sure" players to not play AAC files? Everyone knows AAC is a dialect of Dolby Digital and not an Apple invention, right? It's just associated with Apple in a big way because that's what they picked.

      Did everyone forget the media exit doorway Apple left in place? You can burn an unrestricted CD of whatever DRM'd file you have and put it anywhere in any format.

      I don't particularly like iTunes myself, but it's a damn sight better than shoving files around where the massive file names contain all your metadata. iTunes organizes the library, let's you metatag everything, let's you search by lots of criteria and let's you manipulate collections into handy playlists. That includes MP3 files which interoperate nicely. Shoving raw files around is relatively Byzantine, but to each his own.

      Most of the restrictions people complain about are to prevent piracy and Apple had a responsibility to put some of those restrictions in place. However, they supported the "Rip Mix Burn" model in spite of the record companies. This could be a real short case if anyone takes off the hysterical blinders.

      --

      Most of the stuff on /. won't survive first contact with facts.
    14. Re:Change in operations instead of cash.... by Rosyna · · Score: 1

      I don't know how I feel about this case. I avoided iTunes because I didn't like the two-faced approach of buying a license so you don't own the music, but if the device dies, you bought a file, we aren't obligated to let you retrieve the content that you have a license for.

      You can download anything you've purchased again it's been that way for quite a while now.

    15. Re:Change in operations instead of cash.... by rudy_wayne · · Score: 0

      Did I miss something? You can load MP3's and M3U play lists on an IPod with Linux. Get rid of Windows/Mac and the problem goes away.

      There are programs for all operating systems that do this. They work, sort of, but are just as shitty and broken as iTunes, just in different ways

    16. Re:Change in operations instead of cash.... by rudy_wayne · · Score: 1

      They aren't obfuscated just to be obfuscated. It makes it much easier to look up filenames in a filesystem if they are all the same length. The directories are all 4 characters as are all the filenames. when you are saving memory and processing by doing this, the device appears much faster than if they didn't do this.

      This might be true, but, if you look at the contents of any folder you'll find that all the files in it are unrelated, i.e., several songs from several different albums by several different artists. This is Apple we're talking about, there's no way that some of the obfuscation isn't deliberate.

    17. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      You could put the DRM'd songs in a playlist and burn it *no more than 5 times, without altering the playlist*, which you could then the disc to re-rip the songs without DRM.

    18. Re:Change in operations instead of cash.... by TWX · · Score: 2

      If It had been that way from the start then perhaps I would have considered using them. Thing of it is though, if they change their mind I cannot stop them from denying me access in the future.

      --
      Do not look into laser with remaining eye.
    19. Re:Change in operations instead of cash.... by rudy_wayne · · Score: 1

      Apple will say that it is impossible to put media on the ipod with out itunes... I know a few jailborken ipods that show otherwise.

      How is it an antitrust violation to make hardware that requires an included proprietary tool (iTunes) to be used, in order to configure, operate, or manage the device?

      The lawsuit addresses that:

      "It would be egregious and unlawful for a major retailer, such as Tower Records, for example, to require that all music CDs purchased at Tower Records can be played only with CD players purchased at Tower Records. Yet, this is precisely what Apple has done."

    20. Re:Change in operations instead of cash.... by jbolden · · Score: 1
    21. Re:Change in operations instead of cash.... by Opportunist · · Score: 2

      Hmm... we had Soviet/Communism comparison, we had bad Jobs jokes...

      You're right, what this thread sorely needed was a bad car analogy. We're complete now.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Change in operations instead of cash.... by Nyder · · Score: 1

      I have an ipod.. If I am part of this class action settlement, I'll get 10 cents (as someone said earlier). I don;t want the dime; I want to be able to add media to the ipod without going through itunes... Want a class action lawsuit to do some good? Make it so that there are fundamental changes. of course Apple will say that it is impossible to put media on the ipod with out itunes... I know a few jailborken ipods that show otherwise.

      I use winamp to put stuff on my ipod. My non jailbroken Ipod Classic 6. You know there are search engines on the internet that would of told you that if you used one?

      --
      Be seeing you...
    23. Re:Change in operations instead of cash.... by wiredlogic · · Score: 1

      You didn't know this when you bought the iPod? Stop being an Apple fanboy and do some basic consumer research before picking up the next iWant.

      --
      I am becoming gerund, destroyer of verbs.
    24. Re:Change in operations instead of cash.... by Echo_Hotel · · Score: 1

      And In trying to find a decent program that rips an iPod your computer will be infected so hard it won't be funny.
      Speaking from some of the cleanup jobs I've done, you'd be better off just using a live distro and going from there .

    25. Re:Change in operations instead of cash.... by Imazalil · · Score: 1

      Did you copy and paste this from ten years ago? Even WinAmp can sync up with an iPod these days.

    26. Re:Change in operations instead of cash.... by jklovanc · · Score: 2

      A more accurate car analogy would be having to buy Apple Gas at Apple gas stations due to the proprietary fill nozzle even though Apple Gas is exactly the same as generic gas.

    27. Re:Change in operations instead of cash.... by UnknowingFool · · Score: 1

      Except that CDs had no DRM to begin with. And this goes against the standards of the CD. Apple created the Fairplay format and did so at the behest of the music companies

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    28. Re:Change in operations instead of cash.... by UnknowingFool · · Score: 1

      You are aware that DRM has now been removed right? How would that deny you access?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    29. Re:Change in operations instead of cash.... by Vokkyt · · Score: 1

      No, the point is that FairPlay stopped iTunes audio from being playable on other devices for a short period of time, which is a somewhat fair complaint in certain scenarios. For the plaintiffs who bought up the music on iTunes with the expectation that they could play it on other music devices, it really depends on what Apple wrote and did not write which will determine if that complaint is valid. For those who wanted to be able to put music from other services onto their player, it depends on if the courts deem the restrictions FairPlay added to be required by the Apple contracts with the Music folk.

      The lawsuit site itself seems more interested with getting as many people involved as possible to add legitimacy rather than actually talking about how bad DRM was at the time, but at the time it was a fairly legitimate complaint, and nowadays that shit just wouldn't fly period.

      However, at that time, the laws about DRM on music were very anti-consumer since the market was still trying to maintain the old style of music sales and weren't quite ready to give up the whole ordeal. The thrust of the complaint made in the lawsuit is that Apple's DRM obligations to the music companies did not require the restriction that the music only be played on Apple devices.

      Whether or not that is true will be revealed once the contracts are shown, I guess, and it will be up to the courts to say if any interpretation is necessary.

    30. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 1

      Thing of it is though, if they change their mind I cannot stop them from denying me access in the future.

      Yes you can, and it is really easy too. After you purchase that song from iTunes and copy it to your iPod, do not delete if from your computer. There, Apple is now incapable of denying access to your purchased music. :)

    31. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      "It would be egregious and unlawful for a major retailer, such as Tower Records, for example, to require that all music CDs purchased at Tower Records can be played only with CD players purchased at Tower Records. Yet, this is precisely what Apple has done."

      So I guess the question becomes, would it still be unlawful if third-parties were allowed to license the DRM to produce their own music players? Because then it is exactly like DVDs and Blurays.

    32. Re:Change in operations instead of cash.... by DamnOregonian · · Score: 1

      Chevy gas in your BMW would be a better analogy.
      I don't think anyone is complaining because they can't replace the screen on their iPod with the screen from their Zune.

    33. Re:Change in operations instead of cash.... by DamnOregonian · · Score: 1

      Because there are rules that apply to you when you have a monopoly on a market (As Apple does on personal audio players)
      You can't use your monopoly in one market to dominate in another. That's an anti-trust violation.
      It's Internet Explorer bundled with Windows, only Apple is/was significantly more sinister in this particular regard. (Everyone's got an iPod, so everyone must use iTunes, which is strongly tied to the music store that is again only functional on the iPod)
      Obviously, it's not nearly as bad anymore. Competition managed to arise, undoubtedly much to Jobs' angst, and so the monopoly was forced to make baby steps toward consumer satisfaction.

    34. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Except that CDs had no DRM to begin with.

      So?

      Apple created the Fairplay format and did so at the behest of the music companies

      In order to create the very situation the GP described, so they could lock their music customers in to using only their hardware. Apple apologists then just claim "oh but it isnt apple's fault, the music companies made them do it!"

    35. Re: Change in operations instead of cash.... by DamnOregonian · · Score: 1

      I'm certain you understand that antitrust law imposes special restrictions upon monopolies, right?
      That's why it was no problem that Apple bundled Safari with OSX.

    36. Re:Change in operations instead of cash.... by mysidia · · Score: 1

      "It would be egregious and unlawful for a major retailer, such as Tower Records, for example, to require that all music CDs purchased at Tower Records can be played only with CD players purchased at Tower Records. Yet, this is precisely what Apple has done."

      No... CDs are an industry standard format, which the consumer experience shows can be used with any devices, so selling a CD that cannot be played in a CD player would be deceptive marketing. Instead it would be more like Tower records creating a proprietary media format, say Compact Cubes, instead of Compact Disks, which store the music in a completely different format, and of course, they would manufacture the Cubes for their cube players; they would both be in a proprietary form factor, both would be patented, and a custom firmware on each Cube needed to boot the player which would only work if digitally signed by the Cube maker.

      Strictly speaking..... nothing requires the maker of the proprietary media to license it to competitors.

      Otherwise.... Where are all the 3rd party clones of the Nintendo Wii or Sony Playstation that can consume the same media, or games for those platforms not licensed by the maker?

    37. Re:Change in operations instead of cash.... by mysidia · · Score: 1

      So I guess the question becomes, would it still be unlawful if third-parties were allowed to license the DRM to produce their own music players?

      I would like to make a competing DVD player, but they won't let me have access to the software and crypto codes I need, without signing an onerous agreement with the DVDCCA that unfairly restricts legal customer use of the player and playing backup media.

    38. Re: Change in operations instead of cash.... by exomondo · · Score: 1

      The iPod was first and foremost an MP3 player. Where did they force anyone to buy music through the iTunes Store?

      They didn't, this is about the biggest online music store tying one product to another such that the only portable music player you could use was the ipod.

      Where's the lawsuit against Microsoft to force all the hundreds of "Plays For Sure" players to not play AAC files?

      Well that isn't an anti-trust issue, even if they played AAC files the Fairplay DRM would prevent it from working. Any player that supported "Plays For Sure" could also support AAC if they wanted, there was no restriction that forced them to only play "Plays For Sure" media just like there was no restriction that forced iPods to only play Fairplay media.

      Everyone knows AAC is a dialect of Dolby Digital and not an Apple invention, right?

      Yes but this is about the Fairplay DRM Apple put in its AAC files from iTunes.

      I don't particularly like iTunes myself, but it's a damn sight better than shoving files around where the massive file names contain all your metadata. iTunes organizes the library, let's you metatag everything, let's you search by lots of criteria and let's you manipulate collections into handy playlists.

      Yeah because no other software was every able to do that. </sarcasm>

    39. Re:Change in operations instead of cash.... by khellendros1984 · · Score: 1

      I can also buy an off-the-shelf hard drive and modify it for use in my Xbox; that doesn't mean that Microsoft supports the use of hard drives that they didn't supply. In a similar sense, I've got a 10 year old iPod, and I got to ride along as the first reverse-engineered libraries were designed. It worked fine during certain stretches of time....when Apple wasn't repeatedly changing the on-device database format to break compatibility with non-iTunes song management. My iPod Touch was worse; none of the open software ever reached feature-parity with iTunes, in terms of managing that device.

      Just because someone figured out how to circumvent Apple's lock-out measures doesn't mean that Apple didn't do something anti-competitive.

      --
      It is pitch black. You are likely to be eaten by a grue.
    40. Re:Change in operations instead of cash.... by david_thornley · · Score: 1

      Whether Apple had a monopoly on personal audio players seems odd to me, since iPods as far back as I know them would accept MP3 files just fine. However, while Apple still had DRM on their music, music purchased from the iTunes store wouldn't run on any other player. Was the iTunes store ever a real monopoly in music sales?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    41. Re:Change in operations instead of cash.... by DamnOregonian · · Score: 1

      You've illustrated the exact problem. The fact that their players worked with MP3s is not the problem. The fact that they were leveraging their monopoly in digital players to advance a format that stifled competition is. Anyone who purchased that material was harmed by those practices, illegal if you're a monopoly, at least allegedly so. The courts will decide, ultimately.

    42. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      BMW and Mercedes are not the most reliable cars out there and parts are expensive?? Given their price you'd think they'd be more reliable.

    43. Re:Change in operations instead of cash.... by gnasher719 · · Score: 1

      "It would be egregious and unlawful for a major retailer, such as Tower Records, for example, to require that all music CDs purchased at Tower Records can be played only with CD players purchased at Tower Records. Yet, this is precisely what Apple has done."

      I'd love to see exactly which law Tower Records would have been violating (the case seems quite old, since Tower Records went bankrupt in 2006). It would have been hugely unpopular and there would been a huge drop in sales, but I very much doubt that it would violate any laws.

    44. Re:Change in operations instead of cash.... by mysidia · · Score: 1

      The fact that they were leveraging their monopoly in digital players to advance a format that stifled competition is.

      *Cough* Bullshit. At no point in time did Apple have a monopoly on digital players. In fact, one of the biggest competitors in this market is the Windows PC, which millions of people use and can play many open audio formats such as MP3 which people purchase from competitors such as Amazon or Rhapsody. 10 years ago there were plenty of competing digital players, which all ultimately failed in the marketplace following Apple's success with the iPod on their own merits or lack of consumer perception of merits compared to iPod.

      It just turns out Apple had popularized many innovations in the digital player space, and it was not as if Apple added on DRM later to snuff out competition, they came to market with these features at time of the 2003 launch of the iTunes store. For example, in 2001 Apple launched the iPod. There were plenty of digital players at the time such as the Creative Labs Nomad Jukebox or the SonicBlue Rio.

      Last I checked; antitrust legislation doesn't mean you're under an obligation to help competitors interoperate or consume components of your product.

      Shoppers at the iTunes store willingly accepted this DRM, at a time when there were competing alternatives Such as Microsoft Windows Protected WMA and RealNetworks Helix used by other digital media playing devices.

      The iPod connected via firewire; it synced with a PC using itunes, and it contained a hard drive with an innovative Anti-Skip feature; at a time when nearly all the digital players were using limited capacity flash, Microdrives, or required a burned CDROM to be inserted.

    45. Re:Change in operations instead of cash.... by xaotikdesigns · · Score: 2

      And yet I still remember several CDs that had DRM to keep them from playing in computers (and even some CD Players)

      --
      XDInd
    46. Re: Change in operations instead of cash.... by Divebus · · Score: 1

      Of course it wasn't a problem because Apple was not a monopoly in desktop, browsers or music players. In 2004, the iPod represented 42% of all music players and they opened the iPod to other platforms.

      DRM was a requirement by the music industry to move forward in legal downloads. Apple didn't force anyone to do anything, including buy their iPods or load it with music only from the store. iTunes was a mechanism to rip CDs and load your iPod with unencumbered music files or load it with your Napster MP3 files.

      I'd say they were pretty open about it and Apple ditched DRM as soon as the music industry let them, well after other music stores could ditch DRM.

      --

      Most of the stuff on /. won't survive first contact with facts.
    47. Re:Change in operations instead of cash.... by DamnOregonian · · Score: 1

      Should have been written as *personal* media players, and yes, they did.
      It is absolutely true that their product was good, but that is in no way relevant to antitrust discussions. Monopoly, whether by-merit, or not, is still subject to special rules with regard to penetration in other market places.

      Not a single other point you made is even relevant.

    48. Re: Change in operations instead of cash.... by DamnOregonian · · Score: 1

      http://presentationzen.blogs.c...
      Yawn.
      Are you now going to say, "but that is 2005!"
      Apple didn't have to force anything on anyone. That's not what antitrust laws are about. The fact is, they used their leverage of a monopoly in one market to harm players in another market.

    49. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Yeah, that's what happens when you use a unique identifier as the file name. The iPod basically had 'index' file(s), which it used to quickly search for the track(s) you wanted, and those indexes contained said ID, which was *also* where to look for the files on disk. It's not obfuscation for the sake of obfuscation, it's done to cut memory requirements (and storage requirements).

      You also save on string bounds-checking overhead when you know that all of your paths will be of the same *fixed* length. It's a common technique used on embedded systems, where CPU and RAM are at a premium.

    50. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Except that it wasn't. Remember, back then, the music industry still insisted on everyone wrapping DRM around MP3/AAC/etc. tracks *precisely* so that they couldn't be shared. Apple, specifically Steve Jobs had *publicly* arguing for the music industry to drop their DRM requirements since at least February of 2007, though Apple was not contractually allowed to do so until January of 2009.

      This suit has Apple being sued for complying with their contractual obligations. I don't understand why it was allowed to proceed in the first place.

    51. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Because they were contractually *required* to do so as a condition of being *able* to sell that music in the first place.
      The legal options at that point were:
      1) Sell the music with DRM
      2) Don't sell the music

      Back then there *was* no legal option to sell the music *without* DRM. That wasn't allowed by the record labels until 2009.

    52. Re:Change in operations instead of cash.... by TWX · · Score: 1

      Access to re-download if the original download is lost, and they change their mind about not allowing re-downloads, like their license agreement with the artist or production company ends or changes.

      --
      Do not look into laser with remaining eye.
    53. Re:Change in operations instead of cash.... by TWX · · Score: 1

      If your disk crashes, or your music player is lost, then you now don't have that copy anymore.

      --
      Do not look into laser with remaining eye.
    54. Re: Change in operations instead of cash.... by Divebus · · Score: 1

      ...this is about the biggest online music store tying one product to another such that the only portable music player you could use was the ipod.

      The iPod was the only player engineered to uphold the antipiracy protections demanded by the record labels when purchasing from iTunes. Could someone else have joined a Fairplay coalition? Of course, but Apple was under no obligation to license that technology. There were many many alternatives to players and the store anyway, so the iPod was far from a monopoly. RealNetworks cracked Fairplay several times which was a breach of Apple's contract with the labels and Apple had to engage in electronic warfare with Real to keep them from cracking the encryption Apple guaranteed. The labels didn't want any decrypted files leaking into the wild (HA!) and anything which occurred outside of Apple's technology loop was treated like a renegade hacker.

      Palm started copying Apple's USB port IDs to allow their devices to sync with iTunes. After some cat and mouse there, even the USB Implementers Forum sided with Apple and told Palm they were in the wrong for copying Apple's USB codes. If Palm or Real or anyone else doesn't like Apple not giving them free access to what they've built, then build something better. Go ahead and try. Nobody did. Apple didn't hack its way into acceptance but a lot of others were trying to hack their way into Apple's system.

      Ballmer himself called the iPod a piracy platform. Even then, the number of music stores which worked with players competing with the iPod were numerous. Microsoft's DRM'd WMA format was offered by AOL MusicNow, Yahoo! Music Unlimited, Spiralfrog, MTV URGE, MSN Music, Musicmatch Jukebox, Wal-Mart Music Downloads, Ruckus Network, PassAlong Networks, Rhapsody, iMesh and BearShare. The iTunes Store was far from a monopoly.

      The competing Plays For Sure music players were made by Archos, Cingular, Cowon, Creative Labs, Denon, Digitrex, D-Link, Ericsson, Insignia, iriver, Kyocera, Motorola, Nokia, Palm, Pioneer, Philips, Roku, RCA, Samsung, SanDisk, Sonos, Sony and Toshiba. The iPod was severely outnumbered. The competition was huge and didn't fail until 2007 when Microsoft brought out the Zune and left everyone flapping in the breeze... except Apple.

      All of these music players could not play non-Microsoft encoding formats by contract, including MP3 initially until a huge backlash forced Microsoft to allow it. There's your antitrust target. A court case forced Microsoft to soften that later, but it was too late by then. Apple was under no obligation to license their ecosystem to other manufacturers just as Microsoft would not license WMA to Apple (don't know if they tried). That's not illegal. And why would they join with these people anyway? Apple just came out of an era where they let other manufacturers determine the success of their products by selectively supporting what worked for them, not Apple. Apple started selling their own software, invented or purchased, to replace what everyone else was failing at and they did pretty well. What is illegal is to disallow competition by force of presence like Microsoft did to the Plays For Sure partners.

      Any player that supported "Plays For Sure" could also support AAC if they wanted, there was no restriction that forced them to only play "Plays For Sure" media just like there was no restriction that forced iPods to only play Fairplay media.

      The Microsoft Plays For Sure license prohibited makers of portable devices compatible with WMA from using non-Microsoft audio encoding formats. If player manufacturers wanted to get on the Microsoft Gravy Train that was certain to flatten this iPod nonsense, they were not allowed to play AAC files. Even iRiver had to abandon Ogg Vorbis to get Plays For Sure certification. Does that help make you a little mad at Ballmer?

      I totally get why everyone believes the iPod

      --

      Most of the stuff on /. won't survive first contact with facts.
    55. Re: Change in operations instead of cash.... by Divebus · · Score: 1

      Which market was Apple a monopoly in? Making Macs? That's about all I can think of. Monopolies are not illegal, but abusing a monopoly is. Apple was in nothing but an uphill battle against everyone else and they overcame competitors with products nobody else could package right.

      What harmed other music players was they were mostly shit compared to the iPod. I already owned a few players when I first touched an iPod and thought "wow, so this is how it's supposed to work".

      Follow that on with the computer industry's self-admitted iPod Halo Effect. In that era, everyone with an iPod was thinking "if this thing is so good, I wonder what their computers are like". The Apple Stores which started opening in 2001 let people see for themselves. In 2005, when Apple opened their 100th retail store, a lot of people I knew began dumping their PCs for Macs.

      An Apple store opened near my former job and people would go there for lunch to see what a slick computer experience looked like, because they sure weren't seeing it on PCs. For the next five years, I knew more people who used to own a PC and bought Macs, including some very combative Windows users who never touched a Mac before. Now, I hardly know anyone who automatically buys PCs, and I'd say all of them owned iPods first when the trend started. That's what killed the competition.

      That was also the era where Microsoft started feeling consumer backlash. The mantra of "Windows Windows Windows" made people think of pain and suffering, not an ecosystem they deliberately wanted. Fewer people trusted Microsoft and viewed Plays For Sure as another lure into a stagnant technology future. They were right.

      It's probably hard for the Slashdot crowd to understand there are large numbers of people who don't care about hacking systems. In their eyes, fiddling with technology is far different from using it. Even I know that most hackers pride themselves on doing things the most difficult way possible and call people who would rather click an icon and make something work stupid, but the hackers are still in the minority by a long shot.

      For full disclosure, I'm a sysadmin maintaining about 50 servers, 1.5 PByte of online Fiber storage and 50 user facing workstations. Most of the servers are HP/Windows/Linux and most of the workstations are now Macs. When I started there in 2010, all the workstations were PCs. I salted in three Macs amongst 30 Windows workstations and watched the users start fighting over them. People would come to work early so they wouldn't get the Windows machines.

      --

      Most of the stuff on /. won't survive first contact with facts.
    56. Re:Change in operations instead of cash.... by maz2331 · · Score: 1

      I did see where a guy managed to put a Chevy LS3 engine into a late-model 328i. That thing was a beast!

    57. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      I have an ipod.. If I am part of this class action settlement, I'll get 10 cents (as someone said earlier). I don;t want the dime; I want to be able to add media to the ipod without going through itunes... Want a class action lawsuit to do some good? Make it so that there are fundamental changes. of course Apple will say that it is impossible to put media on the ipod with out itunes... I know a few jailborken ipods that show otherwise.

      If you didn't buy DRMed music from Real, you can not be part of that settlement.

    58. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Let's not forget the early iPod was a FireWire device, back when PC's had USB.

      Back when some PCs had USB 1.x, and other MP3 players had no USB at all, ore something that utterly broke the standard. Because USB was still too slow and couldn't power hard drives.

    59. Re: Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      The iPod was first and foremost an MP3 player. Where did they force anyone to buy music through the iTunes Store?

      They didn't, this is about the biggest online music store tying one product to another such that the only portable music player you could use was the ipod.

      No it isn't. You may want it to be that way, but this is actually about somebody (RealNetwork) else selling not enough of their own DRMed music, so they made a little program that turned their DRMed music into something that looked like it was DRMed music from Apple to iPods. And Apple changed the firmware so those wouldn't play on the iPods named in the suit anymore. THAT AND NOTHING ELSE IS WHAT THIS SUIT IS ABOUT.

    60. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      If only Apple offered a backup solution that wasn't so complex and involved less steps than

      - plug in external drive
      (okay, it needs to be formatted HFS+)
      - accept prompt to start using drive as TimeMachine backup target

    61. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Actually they use a database for knowing which file belong with which metadata. It is stored using randomly generated data, into randomly generated directories.

      There are multiple directories because filesystems are often bad at having more than a number of files in a single directory (this also holds for the directory that contains all the directories). The random names make it possible to have a nice distribution in a hash table or tree structure how a directory is organized on disk.

      I used the same technique when working with lots of image files that are managed by a database in around 1994.

    62. Re:Change in operations instead of cash.... by DES · · Score: 1

      That's a bad analogy. Auto parts, by and large, have always been proprietary.

      Car parts aren't proprietary. You can second-source most mechanical and electrical parts, and it is not uncommon for larger assemblies (suspensions, transmissions, even engines) to be interchangeable between models from competing manufacturers because they were either developed jointly or sourced from the same third party.

    63. Re:Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Monopoly? Do you know what that word means? There have been so many non-apple personal media players before and since the iPod I don't even need to name.

    64. Re:Change in operations instead of cash.... by DES · · Score: 1

      No... CDs are an industry standard format, which the consumer experience shows can be used with any devices, so selling a CD that cannot be played in a CD player would be deceptive marketing.

      There are DRM solutions for audio CDs that are supposed to make the them unrippable or even unplayable in a computer's CD drive (one method is to make a multi-session disc with an audio session and a data session, under the assumption that a PC will ignore the audio session if a data session is present while a regular CD player will ignore the data session). In my experience, these CDs will play fine in a PC (and iTunes can rip them without issue), but many car stereos struggle with them.

    65. Re:Change in operations instead of cash.... by DES · · Score: 1

      Although I have to use the iTunes software to put music onto the iPod [...]

      Rhythmbox, Clementine and Amarok all support iPod synchronization.

    66. Re:Change in operations instead of cash.... by stealth_finger · · Score: 1

      If your disk crashes, or your music player is lost, then you now don't have that copy anymore.

      Not to defend apple, because I fucking hate them, but that's the way backups work, and why backups of backups are a thing, and backups of those and so on until a person would safely feel they are fully protected in case of failure.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    67. Re:Change in operations instead of cash.... by stealth_finger · · Score: 1

      Hmm... we had Soviet/Communism comparison, we had bad Jobs jokes...

      You're right, what this thread sorely needed was a bad car analogy. We're complete now.

      No, now we're just waiting on the Godwin.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    68. Re:Change in operations instead of cash.... by stealth_finger · · Score: 1

      "It would be egregious and unlawful for a major retailer, such as Tower Records, for example, to require that all music CDs purchased at Tower Records can be played only with CD players purchased at Tower Records. Yet, this is precisely what Apple has done."

      No... CDs are an industry standard format, which the consumer experience shows can be used with any devices, so selling a CD that cannot be played in a CD player would be deceptive marketing.

      You focus too much on the word cd, replace it with the word music in the quote and reread. MP3 is an industry standard just like CD, which most people would have started with unless they had iTunes do the ripping. Apple then convert to their own format to be able to play, in your analogy they would take your cds and convert it to one your cubes and only let you play the cube even though the device would technically be capable of playing cds.

      --
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    69. Re:Change in operations instead of cash.... by david_thornley · · Score: 1

      Okay, I'm not seeing the sense here.

      Apple had a monopoly in personal music players, and was able to charge accordingly. These players could play all sorts of music. They required a proprietary piece of software, but that was available for free. So far, we've got nothing anti-competitive. It isn't anti-competitive to get a monopoly by fair means (in this case meaning making something the market really, really liked).

      Apple had the iTunes store, which was not a monopoly. Jobs once commented during this period that the number of iTunes purchases wasn't that much more than the number of iPods sold, so most of the music on iPods was from other sources. After a while, Amazon opened a competing music store, probably selling music primarily for iPods. iTunes music could only be played on iPods, due to the DRM, although the DRM was dropped quite a few years ago.

      So, Apple had a monopoly that played nice with competitors (Amazon, CDs, Pirate Bay), and Apple had a non-monopoly that didn't. They leveraged a monopoly in personal music players to advance a format that seems to have attracted competition.

      Now, the iTunes store was primarily intended to make iPods more attractive, and if the iTunes store had been a monopoly that would have been illegal. If the iPod had required the iTunes store, that would have been illegal.

      I am simply not seeing how the iTunes store stifled competition.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    70. Re:Change in operations instead of cash.... by TWX · · Score: 1

      Do you make backups? Do your family members make backups? Do your friends make backups?

      Where do you store your backups? On the cloud, aka, someone else's computer? On media at your home? On media at someone else's home? On media in a safe deposit box at a bank? What kind of media, how shelf-stable is it for years on end, and how do you manage your backups so that you can do a full restoration of the data?

      My point is that even large corporations with budgets for their data backups struggle with this. We're not talking a few hundred megabytes on a Travan cart or even a burned DVD, the amount of data people have to back-up far exceeds most practical backup solutions available to them.

      --
      Do not look into laser with remaining eye.
    71. Re:Change in operations instead of cash.... by stealth_finger · · Score: 1

      I get what you're saying, backups is a pain in the ass to do properly. Personally I have my music on my phone sd card, a 'master' collection on my pc then my backup is the cds themselves. I've never bought anything off iTunes or similar and about 5-10% is pirate so they might be a pain to reget of I need in the future but if I liked them enough I would have got the cd. But that's just me. Backup to a level you're happy with but isn't too much ballache to sustain.

      --
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    72. Re:Change in operations instead of cash.... by UnknowingFool · · Score: 1

      What? And how many other businesses agree to access a product for all of infinity? Does Warner Brothers have to replace your video tapes/DVDs that your dog chewed up? No. The fact of the matter is you can do that now is a bonus under which they give no further obligations. Especially since it is now without DRM. Back it up and 15 years from now you can play on whatever device that can handle the format.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    73. Re:Change in operations instead of cash.... by UnknowingFool · · Score: 1

      Audio CDs or CD ROMs? If it was an audio CD, it was non-compliant with the standard of the CD. http://en.wikipedia.org/wiki/D...

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    74. Re:Change in operations instead of cash.... by UnknowingFool · · Score: 1

      The comparison to CDs in inherently flawed as a comparison if the conditions are not exactly equal. That's like applying something to horses when talking about cars.

      In order to create the very situation the GP described, so they could lock their music customers in to using only their hardware. Apple apologists then just claim "oh but it isnt apple's fault, the music companies made them do it!"

      You are aware that copyright law under the DMCA says the music companies can demand DRM on Apple to resell their music to include DRM? If Steve Jobs is to believed, Apple never wanted DRM in the first place but the music companies were so afraid of piracy that it was a condition of the contract. Later on, Apple was able to get them to agree to remove it in exchange for tiered pricing.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    75. Re: Change in operations instead of cash.... by xaotikdesigns · · Score: 1

      They were labeled as audio CDs, which was why there was such a kerfuffle at the time.

      --
      XDInd
    76. Re: Change in operations instead of cash.... by UnknowingFool · · Score: 1

      They weren't supposed to be. I believe Philips (which was the co-creator of the standard with Sony) sent cease and desist letters to Sony BMG.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    77. Re: Change in operations instead of cash.... by xaotikdesigns · · Score: 1

      Along with several lawsuits, a recall, and a nice settlement for anybody that bought one of their cds

      --
      XDInd
    78. Re:Change in operations instead of cash.... by DamnOregonian · · Score: 1

      Sure do. A 74% market share is a monopoly.
      If 74 out of 100 personal audio players are single-vendor, it doesn't matter how many different vendors account for those other 26.

    79. Re: Change in operations instead of cash.... by exomondo · · Score: 1

      You may want it to be that way, but this is actually about somebody (RealNetwork) else selling not enough of their own DRMed music, so they made a little program that turned their DRMed music into something that looked like it was DRMed music from Apple to iPods. And Apple changed the firmware so those wouldn't play on the iPods named in the suit anymore. THAT AND NOTHING ELSE IS WHAT THIS SUIT IS ABOUT.

      If that is what you think then clearly you didn't understand the suit, read it again.

    80. Re: Change in operations instead of cash.... by exomondo · · Score: 1

      There were many many alternatives to players and the store anyway, so the iPod was far from a monopoly.

      Yeah and there were many many alternative PC operating systems, so Windows was far from a monopoly.

      Palm started copying Apple's USB port IDs to allow their devices to sync with iTunes. After some cat and mouse there, even the USB Implementers Forum sided with Apple and told Palm they were in the wrong for copying Apple's USB codes.

      That has absolutely nothing to do with this whatsoever.

      If Palm or Real or anyone else doesn't like Apple not giving them free access to what they've built, then build something better. Go ahead and try.

      Yeah that's what Microsoft should have said to everybody who complained about not getting access to their private APIs.

      The iTunes Store was far from a monopoly.

      Having many other unviable options doesn't eliminate market power otherwise Windows would never have been classified a monopoloy.

      The iPod was severely outnumbered.

      But it was backed by the itunes behemoth, and nobody else was allowed in to leverage that.

      Apple was under no obligation to license their ecosystem to other manufacturers just as Microsoft would not license WMA to Apple (don't know if they tried). That's not illegal.

      It's anti-competitive and becomes illegal when you get to the point that itunes has with its market power.

      Does that help make you a little mad at Ballmer?

      Unlike you I'm not emotionally invested in this, sorry.

      I totally get why everyone believes the iPod and iTunes were made to lock everyone else out. Problem is, all the other manufacturers were doing the same thing and iTunes did not hold the majority position at that time.

      I has nothing to do with majority position, it has to do with market power and iTunes owned online music sales despite there being other music stores.

      What killed everyone else was not monopolistic force, it was constant improvement of the iPod product category in ways the competition couldn't follow.

      It was the tying of the itunes store to the ipod that killed the competition, the ipod was no better from any technical perspective than any other device (in fact in most it was worse) but it had itunes and there was no viable competition in that space.

    81. Re:Change in operations instead of cash.... by mysidia · · Score: 1

      In my experience, these CDs will play fine in a PC (and iTunes can rip them without issue), but many car stereos struggle with them.

      I would say in this case the CD players that have trouble playing the media session are somewhat defective.

      It's a pretty shitty thing for manufacturers to do this, especially if they know that certain units will be unable to play the media which consumers expect to play, they are literally intentionally making a less useful product since it will cause problems and generate more sales being returned for refund, but it's clearly not antitrust, since competing players can of course play the media, they just need to be revised to correct implementation problems.

    82. Re:Change in operations instead of cash.... by jklovanc · · Score: 1

      Apple blocked the ability to buy DRM wrapped music from anyone else.

    83. Re:Change in operations instead of cash.... by Zxern · · Score: 1

      If you have to have a reliable car, then you aren't making enough money to join the luxury car class.

    84. Re:Change in operations instead of cash.... by DamnOregonian · · Score: 1

      The iPod did in fact require the iTunes software to be used, which can be argued to be nearly analogous to the iTunes store. Tying products to your monopolized market is an anti-competitive practice, by case law (ask Microsoft). The allure of the iPod provides allure to the iTunes store, simply by it having to be installed to use the iPod, allowing it to compete where it may not actually be competitive in its market.
      Tying razor blades to your razor is legal, but only as long as you don't have a dominant market position.

    85. Re:Change in operations instead of cash.... by OwnedByTwoCats · · Score: 1

      iPod was a FireWire device, back when PC's used PS/2, serial, and parallel ports.

    86. Re: Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      I have no emotions about this. I don't listen to an iPod nor buy things from the iTunes store.

      You need to get it through your head that monopolies are not illegal by themselves. The abuse of a monopoly is illegal. If Apple raised prices because they overwhelmed the competitors, that would be a case for abuse but they kept prices at $0.99 well after reaching a 99% market position. The courts already confirmed that over a year ago.

      If someone wants to sue Apple because they made a nice ecosystem integrating a piece of hardware with a thick client to manage it, good luck to them. Fact is there were and still are lots of alternatives to music purchasing and Apple doesn't care about the competitors as long as they're not hacking the Apple products to insert them. That's why the rest of what was said is relevant.

      Steve Jobs' statements don't help the arguments on things like ebook pricing because monopoly laws are designed to protect consumers. Amazon has a near monopoly on ebooks and readers and they're offering ebooks below $10, a level at which publishers stop making money. Jobs' proposal to sell at more like $14 looks bad for consumers, but Jobs' thought publishers needed protection from Amazon. Before you know it, Amazon is squeezing publishers by locking them out until they succumb to $0 profit levels. Apple still believes they're right. Amazon is using their market force to control or destroy suppliers.

      The rest of your statements are sophomoric. You're not old enough to remember the bad old days of Microsoft.

    87. Re: Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      They weren't supposed to be. I believe Philips (which was the co-creator of the standard with Sony) sent cease and desist letters to Sony BMG.

      So you admit that DRM on Audio CDs existed.

    88. Re: Change in operations instead of cash.... by exomondo · · Score: 1

      You need to get it through your head that monopolies are not illegal by themselves. The abuse of a monopoly is illegal.

      Right and leveraging a monopoly (itunes music store) in order to gain advantage in another market (portable media players) is illegal.

      Fact is there were and still are lots of alternatives to music purchasing

      Irrelevant, there was no viable competition, just like in the 90s with Windows when there were tons of alternative PC operating systems none of which were viable alternatives to Windows.

      The rest of your statements are sophomoric. You're not old enough to remember the bad old days of Microsoft.

      Wrong, this sort of dismissal just demonstrates your inability to refute them. Obviously it is you who fails to understand what those days were like. Feel free to try to refute them, but obviously you can't refute facts.

      Go and educate yourself on monopolies and anti-trust rather than just projecting your incorrect idea of what they should be.

    89. Re: Change in operations instead of cash.... by UnknowingFool · · Score: 1

      Only in the sense that if you violate the standards of the CD, you're not considered an audio CD.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    90. Re: Change in operations instead of cash.... by Anonymous Coward · · Score: 0

      Only in the sense that if you violate the standards of the CD, you're not considered an audio CD.

      Yeah, you just sell them as such, and nobody notices the difference unless they get hit by the DRM that fucking exists despite your claims it doesn't.

  5. no chance to cross examine? by ihtoit · · Score: 1

    Damn.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    1. Re:no chance to cross examine? by TheCastro1689 · · Score: 1

      Heck, if you were on trial back in the day you were allowed to have or read yourself a prepared statement and not answer any questions.

    2. Re:no chance to cross examine? by Anonymous Coward · · Score: 0

      It won't even make it into the record, precisely because he cannot be questioned on cross. Because of this detail, his video tape will have to be considered an Amicus Curiae brief, and in order for an Amicus brief to be admitted in a SCOTUS case, both parties must mutually agree to allow it to be admitted, and that is if and only if it meets a litany of requirements for an Amicus at Supreme.

    3. Re:no chance to cross examine? by rainer_d · · Score: 1

      Out comes the ouija-board....

      --
      Windows 2000 - from the guys who brought us edlin
  6. Oh, the entitlement... by neilo_1701D · · Score: 1, Funny

    Wow. Well, I better get started on my own lawsuits, as I can't install Microsoft Windows on my 68k Mac. Nor can I put diesel in my petrol car. And, heavens forbid, I can't play WMA encoded files on my iPod. And as for not being able to play a compact cassette on an 8-track player; well, Phillips better get a checkbook out and write some big checks, because of the damages I've suffered because of that.

    Seriously, this is a case?

    1. Re:Oh, the entitlement... by TheCastro1689 · · Score: 1

      Claiming that a company like Microsoft if you downloaded music from them, forced you to only use a Zune or WMP, then you would have a case.

    2. Re:Oh, the entitlement... by Anonymous Coward · · Score: 1

      Except that not being able to put diesel into a perol car isn't anti-competitive. There is a healthy number of companies providing competition in the automotive industry. There was also a lot of competition in the compact cassette and 8-track industries.

      There was no company selling you compact cassettes that could only be played on their brand of cassette player.

    3. Re:Oh, the entitlement... by bulled · · Score: 1

      IIRC the advertising around the iPod never mentioned the restriction and it was in place to force adoption of iTunes (and more importantly the iTunes store) _only_. Most companies get slapped for this kind of behavior, it surprises me that it took Apple this long.

    4. Re:Oh, the entitlement... by sootman · · Score: 1

      > I can't play WMA encoded files on my iPod.

      Actually, that's because Apple didn't pay to license WMA.

      That said, the whole thing is pretty much BS. But oh well. At least all the lawyers are staying employed.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    5. Re:Oh, the entitlement... by Anonymous Coward · · Score: 0

      >Sony

    6. Re:Oh, the entitlement... by UnknowingFool · · Score: 1

      You are aware that the Zune Marketplace music (PlaysForSure v2) would only work on a Zune right? And that PlaysForSure v1 would not work.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re:Oh, the entitlement... by Fire_Wraith · · Score: 1

      What Sony did wasn't quite the same as Apple's game. The big difference was that Sony's game wasn't "get everyone to buy our players and only our players" but rather "get our proprietary media format to become the industry standard, so we can make money on licensing that". Sony was happy for others to make the players, because Sony was getting a cut of that. Some of these efforts fell flat on their face (Betamax, Minidisc, Memstick) while others (Blu-ray for example) took off.

    8. Re:Oh, the entitlement... by Ichijo · · Score: 1

      I can't install Microsoft Windows on my 68k Mac.

      Because DRM prevents you or because Microsoft chose not to produce a 68k version?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    9. Re:Oh, the entitlement... by Anonymous Coward · · Score: 0

      Really? I can think of several instances where certain hardware/software is required to access content from a provider.... XBoxLive? Playstation Plus? Transcender cert exams?

    10. Re:Oh, the entitlement... by jittles · · Score: 1

      You are aware that the Zune Marketplace music (PlaysForSure v2) would only work on a Zune right? And that PlaysForSure v1 would not work.

      Good thing for Microsoft there is no one with a Zune to sue them.

    11. Re:Oh, the entitlement... by UnknowingFool · · Score: 1

      I hope Sheldon Cooper never hears about this. https://www.youtube.com/watch?...

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    12. Re:Oh, the entitlement... by Anonymous Coward · · Score: 0

      Except you could buy a Minidisc player from Sharp.

    13. Re:Oh, the entitlement... by Anubis+IV · · Score: 1

      So, I guess he has a case then, given that Zune Marketplace music was sold in a DRM'd Windows Media Audio format as recently as last year and couldn't be played on non-Microsoft devices without some form of hackery?

      Moreover, even the Zune itself was incapable of playing music from its predecessor MSN Music Store, since the music from that store was provided in a DRM'd format that the Zune couldn't handle. Microsoft has a long history of locking content to their platforms and forcing people to repurchase stuff they already own. Suggesting otherwise is to ignore (recent and ongoing) history.

      Even so, the OP's larger point was that this practice is commonplace in the industry and is nearly always benign in nature. While Microsoft may be doing things of this sort, that doesn't mean they've engaged in any illegal or illicit conduct. In most cases, it's perfectly legal, sound business to engage in these sorts of practices, despite the personal feelings that most here (including myself) have towards such practices.

    14. Re:Oh, the entitlement... by Opportunist · · Score: 1

      And if anyone used either, I'm sure there would be a lawsuit.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Oh, the entitlement... by Opportunist · · Score: 1

      You say that like it's a good thing. The moment you see lawyers on the streets begging for quarters you know that society is getting better.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:Oh, the entitlement... by Anonymous Coward · · Score: 0

      Windows 8 runs fine in Qemu running in a virtual Linux image on DosBox68K. Slightly slow though, and with 1MB of ram it seems to page memory out quite often, so a large hard drive is required.

    17. Re:Oh, the entitlement... by Thud457 · · Score: 1

      Ah, but see, that puts in stark contrast the GENIUS of Microsoft.
      The only unbreakable lock is the one that does not exist.
      They brilliantly prevented people from running Windows on 68k Macs, with 100% success.
      Unfortunately, their engineers aren't the Titans they were in the days of yore. I've heard rumors that Windows 8 has managed to sneak onto some tablets, but I don't believe them.

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    18. Re:Oh, the entitlement... by koan · · Score: 1

      They don't use any Apple products on that show, except the iPod Penny threw out the window at her boyfriend.

      --
      "If any question why we died, Tell them because our fathers lied."
    19. Re:Oh, the entitlement... by UnknowingFool · · Score: 1

      Most companies get slapped for this kind of behavior, it surprises me that it took Apple this long.

      I would argue that would depend on the specific behavior. In the case of DRM music, you could only get Fairplay music from Apple that played on Apple devices; however, you could get the same track with no DRM (CD) from any number of stores. You could get that track onto the Apple device if you used MP3 which Apple didn't restrict. So the only complaint that only one specific format of a music title (which was designed by Apple) purchased online was restricted to Apple. That's like saying that Sony or MS could be sued for antitrust because their games are only on their platforms. For example some Final Fantasy games are Playstation only.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    20. Re:Oh, the entitlement... by Opportunist · · Score: 1

      Are you certain you replied to the right person?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    21. Re:Oh, the entitlement... by DamnOregonian · · Score: 1

      You're aware Microsoft didn't have a monopoly in the music-player market, right?
      Now, if they bundled a Zune with every installation of Windows, they'd be in some deep shit.

    22. Re:Oh, the entitlement... by DamnOregonian · · Score: 1

      It's perfectly legal for anyone not abusing their Monopoly (or lack thereof in Microsoft's case with regard to the personal audio player market)
      Same reason no one busted Apple's balls over tightly bundling Safari with OSX.
      You can get away with all kinds of anti-competitive practices, right up until you effectively monopolize a market (fairly or not)

    23. Re:Oh, the entitlement... by Anubis+IV · · Score: 1

      I completely agree, hence why I stuck to generalities when I started discussing the legality of the topic.

      But, bringing this back around to the topic at hand, talking about monopolies is only worthwhile if monopolies were at play in Apple's dealings, which would be a pretty hard notion to sell. The iTunes Music Store peaked at around 30% of the retail music market, and even that wasn't until 3 years after the events discussed in this lawsuit. In the 2006-2009 period during which this was all going on, I don't believe they ever had more than a 15-20% share of the retail music market. And the iPod's market share (which peaked around 70%, IIRC) doesn't come into play, since the plaintiff's complaints (that they couldn't play their iTunes music on their non-iPod MP3 players) are not related to a misuse of the iPod's market position.

      Which is to say, it's hard to argue anticompetitive practices when the other 80-90% of the retail music market were perfectly valid alternatives that would have been compatible with their non-iPod devices. It'd be like suing a BMW dealer for selling me a part that is only intended to be used with BMWs because it doesn't work in my Toyota, even though the analogous part my Toyota uses is a standard, non-specialized one that can be picked up from any retail auto parts shop.

    24. Re:Oh, the entitlement... by SuricouRaven · · Score: 1

      Who would want to play WMA encoded files?

      The quality for equal bitrate is superior to MP3, but that's really only advantage going for it - and there are other formats just as good or better. The only people ever to use WMA are those who didn't know better than to use the CD ripper that came built into windows media player.

    25. Re:Oh, the entitlement... by DamnOregonian · · Score: 1
      I'm of course talking about the leveraging of the iPod monopoly to abuse the market of digital audio distribution.

      since the plaintiff's complaints (that they couldn't play their iTunes music on their non-iPod MP3 players) are not related to a misuse of the iPod's market position.

      I think this is where our viewpoints diverge...
      I believe it's precisely because of the iPod's market dominance that they could not do so. If the iPod did not have dominance, then it would be a very, very poor business decision by Apple to make it impossible to play their digitally distributed music only on Apple players.

      Am I off-base?

    26. Re:Oh, the entitlement... by DamnOregonian · · Score: 1

      It'd be like suing a BMW dealer for selling me a part that is only intended to be used with BMWs because it doesn't work in my Toyota, even though the analogous part my Toyota uses is a standard, non-specialized one that can be picked up from any retail auto parts shop.

      I think a better analogy would be for GM, in the US, to suddenly only produce cars that only operated with a specific type of Gas nozzle, not replaceable, and patented with refusal to license to other manufacturers. This would have major consequences to the fuel distribution market, even with GM lacking a monopoly. With a monopoly, it would be a death knell for Ford.

    27. Re:Oh, the entitlement... by david_thornley · · Score: 1

      What restriction on the iPod? The iPod was always capable of loading music from outside sources. It did need to use iTunes, but since when is requiring the use of a free proprietary program anti-competitive?

      The only functional restriction was that music purchased from iTunes could only be played on an iPod, because Apple didn't license the DRM. (Unless you loaded it into iTunes, made a playlist of it, burned a CD of that, and loaded that into your $PORTABLE_MUSIC_PLAYER, because that stripped the DRM.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    28. Re:Oh, the entitlement... by PhilHibbs · · Score: 1

      Except that Microsoft never had a monopoly on either music players or music downloads, so there would be no case to answer here. And neither did Apple. There's always been plenty of viable non-Apple choice in the digital music marketplace. And I suspect the fact that the iPod and iTunes started up at the same time, locked to each other, will go a long way to exonerating them - they didn't suddenly decide to use an established monopoly in one area as a foothold to gain a monopoly in the other. They started up two inextricably linked services, and if they gained a monopoly (which I do not believe the did) then they gained both togther as a package deal. Which, I suspect (IANAL), is probably not anti-trust.

    29. Re:Oh, the entitlement... by Anubis+IV · · Score: 1

      I'm going to make this a double-response for both of your comments, just to keep things simple. ;)

      You're not off-base at all, though I do agree that our viewpoints seem to diverge.

      As you said, were the iPod not dominant, it would indeed have been a VERY bad business decision on Apple's part. That said, if the plaintiffs want to assert that they were harmed by Apple's anticompetitive behavior, they need to demonstrate that Apple's anticompetitive behavior made it impossible/difficult for them to find music for their devices, which simply wasn't the case at all. There was zero friction preventing them from using any one of the innumerable competing services that provided them with the product they wanted.

      As far as your analogy goes, if I understand it correctly (cars=MP3 players, nozzles=file formats, gas stations=music retailers, GM=Apple), I rather like it, but it helps to highlight why our viewpoints may differ, since I feel that your analogy has one critical flaw: it states that the new cars are exclusively using the proprietary nozzle (which necessarily comes at the expense of compatibility with the standard one), but that isn't an accurate representation of what was going on with the iPod. Had it been true, I'd agree with your viewpoint entirely.

      Since iPods have from day one been fully compatible with standard, non-DRM'd file formats, such as MP3, WAV, AIFF, and AAC, it stands to reason that the new GM cars wouldn't be restricted to using GM's proprietary nozzle, as your analogy suggests, but rather that they would support the proprietary nozzle in addition to all of the standard ones already out there. As such, existing gas stations wouldn't want to replace their standard nozzles with the proprietary one even if it weren't patent-encumbered, since it'd mean switching from a nozzle that worked with 100% of cars to one that only worked with GM cars. Similarly, Ford owners would still be just as capable of getting gas as they had always been, since the existing infrastructure would continue to work just fine, and that would remain true even if GM cars controlled a massive share of the car market. GM cars having compatibility with a proprietary nozzle is in no way a threat to anyone unless the supply side of the market (gas stations) is also dominated by GM, hence my focus on retail music market numbers.

      So, regarding that topic and to extend your analogy a bit, if GM opened up gas stations around the country that exclusively used their own nozzle (perhaps because they wanted to gain a competitive advantage by providing additional value to their customers), it may steal some business from the existing gas stations, but it wouldn't become a problem for Ford until GM's stations ran the other gas stations out of business, since up until that point Ford's customers would be fully capable of buying gas the same as they always have. But for that to happen, the GM gas stations would have to have a dominant market position, and 15-20% could hardly be called dominant.

      All of which is to say, while it's true that Apple was only able to have a profitable music store because the iPod had a dominant market position, being profitable is not the same as being anticompetitive. So long as the iPod's compatibility with Apple's FairPlay didn't come at the expense of compatibility with other formats, people using other MP3 players would have been fully capable of going to one of the competing store and purchasing from there, rather than knowingly purchasing an incompatible file from the iTunes Music Store.

    30. Re:Oh, the entitlement... by Anonymous Coward · · Score: 0

      Neither did Apple if you could buy a Zune.

    31. Re:Oh, the entitlement... by Anonymous Coward · · Score: 0

      This would have major consequences

      Yes, even less people would buy GM cars.

    32. Re:Oh, the entitlement... by sootman · · Score: 1

      Or people who bought content from WMA-based stores.

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    33. Re:Oh, the entitlement... by UnknowingFool · · Score: 1

      You're aware Microsoft didn't have a monopoly in the music-player market, right?

      Neither did Apple. Apple might have had the highest market share but that does not make it a monopoly.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    34. Re:Oh, the entitlement... by SuricouRaven · · Score: 1

      Are any of those still in business?

    35. Re:Oh, the entitlement... by sootman · · Score: 1

      A couple were ten years ago. :-)

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    36. Re:Oh, the entitlement... by DamnOregonian · · Score: 1

      While you're correct that the highest market share isn't automatically a monopoly, you are falling prey to the blunder of being too literal. For US law, (Sherman and Clayton Antitrust Acts) a literal monopoly need not be present. 74% of the market place with the largest competitor having less than 5% is a "Dominant Market Position", and monopolization via "Tying Products". Microsoft can tell you all about it.

    37. Re:Oh, the entitlement... by UnknowingFool · · Score: 1

      While you're correct that the highest market share isn't automatically a monopoly, you are falling prey to the blunder of being too literal. For US law, (Sherman and Clayton Antitrust Acts) a literal monopoly need not be present.

      There are many factors that must come into play for the Sherman and Clayton Antitrust acts to consider a company an illegal monopoly. Note that legal monopolies are allowed to exist and antitrust is used against illegal ones not legal ones. For example, you couldn't use either against the only grocery store in a remote region if the only reason they are the only grocery store is due to geography.

      Two factors are: barriers to marketplace and suitable alternatives.

      In the case of MS, the barrier to marketplace was quite high to get an OS onto PCs especially with OEMs considering that MS had contracts with many of them that essentially locked out their competitors (Netscape). In the case of digital online music, the barriers were technical and logistical mostly (building a website with a payment system, etc.). The main barrier are the copyright holders themselves as Apple is a reseller not a producer. The fact that Amazon, Google, MS, etc. could all quite easily build their own music distribution systems goes against this argument.

      Second at the time (and throughout the course of the lawsuit), there were alternatives to Apple for their store and their players. You didn't like Apple's iPod? Buy a Zune. Buy a Toshiba. You don't like iTunes? Buy from Amazon. Buy from a PlaysForSure vendor. Didn't like Windows but want a PC from Dell, HP, etc? You were out of luck.

      74% of the market place with the largest competitor having less than 5% is a "Dominant Market Position", and monopolization via "Tying Products". Microsoft can tell you all about it.

      Microsoft's problem wasn't that they were dominant. Their problem was that they used their dominance to threaten competitors and partners (this was documented at trial). If Apple did that, that would be another story. Simply outcompeting others is not a problem.

      Timing is also important here. At the time of the lawsuit, Apple was only 2 years into the venture of selling music online. The entire marketplace was somewhat in its infancy. My opinion is that Apple just did it better than anyone else as everyone had DRM back then. Getting online music onto your MP3 player was no easy task usually taking multiple steps. Four years later they were still dominant but had begun to remove their "tying" as you put it. This alone would defeat the argument.

      Also the "tying" argument here needs to be addressed more in depth. The fact of the matter was you had no alternatives to Windows. With iTunes and Apple you had alternatives and didn't necessarily need to use both get music. For example if you had an iPod, you could get your music from Amazon's store. The only thing iTunes needed was to know the directory you downloaded your MP3s on your computer. This does not include music that you got from other sources (CDs, friends) as long as they were in AAC or MP3 format.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  7. Speedy justice by Anonymous Coward · · Score: 0

    If you account in glacial terms.

  8. Saw the title, thought they arrested a 10-year old by QilessQi · · Score: 4, Funny

    for illegal file sharing. Because plausible.

  9. OT: Vladimir Lenin - a murderer like all Commies by mi · · Score: 2, Insightful

    I meant to make a joke with my original posting, but you chose to bleat something about politics... So, here it is...

    Nearly all the naive idealists in the soviet government got axed by Stalin.

    The naivette is all yours. If Lenin was any better than Stalin, it was not at all obvious. It was he, who presided over campaign of mass-murder known as Red Terror — including killing off of the Russian clergy. And, yes, he not only tolerated, but ordered taking — and executing — of the opponents' hostages, among other steps...

    For decades Commy-sympathizers like yourself have been singing a variety of tunes to the effect that "Communism is good, Stalin was bad". No way, no how — every time Communism was attempted in earnest, it resulted in mass-murder followed by decades of miserable existence for survivors robbed of both economic wealth and human rights.

    --
    In Soviet Washington the swamp drains you.
  10. Amicus Curiae brieifs by Anonymous Coward · · Score: 0

    So Steve Jobs is basically giving a posthumous Amicus brief, which is worth precisely zero when it comes to the actual merits of the case.

    1. Re:Amicus Curiae brieifs by Opportunist · · Score: 1

      But it's Saint Steve, podcasting right from Heaven! The testimonial of a dead man has to be worth something in God's own country!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Amicus Curiae brieifs by koan · · Score: 1

      But the fanbois will froth and claw their way to the front for that.

      WWJD What Would Jobs Do.

      --
      "If any question why we died, Tell them because our fathers lied."
  11. Market definition is the key by UnknowingFool · · Score: 1

    The problem for the plaintiffs will be how they define the market if they want to succeed in an anti-trust case. If they define too narrowly or too broad, Apple will win. I also wonder how they get around the contract that Apple has with the copyright holders. After all, Apple was a reseller of their music and if DRM was a condition then they can't get around that.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:Market definition is the key by jbolden · · Score: 1

      They are defining it as anyone who purchased an iPod. Believe it or not they are arguing the purchase of the iPod was where the unfair too high prices happened not the purchase of music. I.E. the people who bought the following (list from the suit itself):

      iPod Standard, Classic, Special Models
      iPod (5th generation) 30 GB
      iPod (5th generation) 80 GB
      iPod U2 Special Edition 30 GB
      iPod Classic 120 GB
      iPod Classic 80 GB
      iPod Classic 160 GB
      iPod (5th generation) 60 GB

      iPod shuffle Models
      iPod shuffle (2nd generation) 1 GB
      iPod shuffle (2nd generation) 2 GB
      iPod shuffle (3rd generation) 4 GB
      iPod shuffle (1st generation) 1 GB
      iPod shuffle 512 MB

      iPod touch Models
      iPod touch 8 GB
      iPod touch 16 GB
      iPod touch 32 GB
      iPod touch (2nd generation) 8 GB
      iPod touch (2nd generation) 16 GB
      iPod touch (2nd generation) 32 GB

      iPod nano Models
      iPod nano (2nd generation) 2 GB
      iPod nano (2nd generation) 4 GB
      iPod nano (2nd generation) 8 GB
      iPod nano (3rd generation) 4 GB
      iPod nano (3rd generation) 8 GB
      iPod nano (4th generation) 4 GB
      iPod nano (4th generation) 8 GB
      iPod nano (4th generation) 16 GB
      iPod nano (1st generation) 1 GB
      iPod nano (1st generation) 2 GB
      iPod nano (1st generation) 4 GB

    2. Re:Market definition is the key by UnknowingFool · · Score: 1

      But what are the defining as the market that was restricted? Certainly they can't claim "music" or even digital music. One of the tests of monopoly is whether suitable alternatives exist for the market. For example, in the MS case, you really could not get another OS for an x86. Linux was in their infancy and OS X would not run on x86 hardware.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:Market definition is the key by jbolden · · Score: 1

      The market is iPod customers. The restraint was what music played on it. The limitations on music leading to higher prices. That is unfair competition for songs led to higher prices on the players. Dumb theory... so don't blame the messenger.

  12. Free U2 albums for everybody! by Anonymous Coward · · Score: 0

    Prediction: Apple will pay $350 million denominated in Bono screeches.

    1. Re:Free U2 albums for everybody! by koan · · Score: 1

      I think the CEO dropped more than that out of his pocket at the last presentation.

      --
      "If any question why we died, Tell them because our fathers lied."
  13. It's a shame by rainer_d · · Score: 1

    Do they really have to drag Steve (Jobs) from his grave (even if only by video)?
    Maybe he does a nice introduction a la "If you see this video, I'm dead. Thanks for stealing an hour of my dwindling life for it. Not".

    --
    Windows 2000 - from the guys who brought us edlin
  14. trouble winning by jbolden · · Score: 1

    If you read the suit they are alleging that not playing other music caused the iPod to cost more, not music to cost more, "the software updates caused iPod prices to be higher than they otherwise would have been." I don't see how they can possibly prove that. I'd suspect if anything the song restriction caused iPod prices to be lower.

    1. Re:trouble winning by UnknowingFool · · Score: 1

      Yeah, I don't if they know that complexity costs more. In the case of the MP3 players, that would mean a higher chip cost as the audio decoding was inherently hardware driven not software driven. I wonder if they called Wolfson Microelectronics to the stand?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:trouble winning by jbolden · · Score: 1

      Good point. iPod's played .mp3's fine. But absolutely there were limits as far as other DRMed music standards. I suspect that's going to be an easy disputed fact for Apple to win on.

  15. Re:OT: Vladimir Lenin - a murderer like all Commie by i+kan+reed · · Score: 2

    Oh no, naive idealists kill people all the time.

    They just kill them for conflicting with their ideals, rather than for being political nuisances.

  16. FOUNDER? rewrite history much? by Anonymous Coward · · Score: 0

    FOUNDER? rewrite history much?
    What about Steve Wozniak? (and to a lesser extent Ronald Wayne)

  17. From Beyond the Grave by Anonymous Coward · · Score: 0

    Maybe they can select a team of current popular Apple execs to remaster, finish, and re-envision Steve Jobs's recorded statement.

    Hey, it worked for Michael Jackson.

  18. Late Apple founder Steve Jobs will appear by koan · · Score: 0

    The Cult members must be exited about that.

    --
    "If any question why we died, Tell them because our fathers lied."
  19. Re:FOUNDER? rewrite history much? by UnknowingFool · · Score: 1

    For the purposes of the trial, Wozniak was not involved with Apple during the start of iTunes. He wouldn't have been called to testify. Second it does not say Jobs was the sole founder.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  20. Jobs video by Imazalil · · Score: 1

    I'm guessing the video in question will be Jobs holding up both his middle fingers, dropping the mic, and walking off.

  21. Re:OT: Vladimir Lenin - a murderer like all Commie by mi · · Score: 1, Insightful

    They just kill them for conflicting with their ideals, rather than for being political nuisances.

    The underlying cause of this tolerance of mass-murder — which leads to occasional outbreaks of actual mass-murder — is the collectivist notion, that the glorious Collective ought to trump the cantankerous Individual — for The Greater Good. Once you accept it, there is no stopping...

    The US too had a Civil War — 50 years before Russia. There was plenty of killing, some of it unwarranted, but there were no mass-murders. That, in my not so humble opinion, is because we are (or were) an Individualist country.

    On contrast, 70 years before our Civil War here, France too had its own — being a Collectivist society, they had an awful lot of mass-executions. The guillotine — invented for easy butchering of animals — was adopted to killing humans instead... Soviet revolutionaries thought of Jacobines fondly, while vowing not to repeat their mistakes (that is, not killing enough enemies).

    --
    In Soviet Washington the swamp drains you.
  22. Re:OT: Vladimir Lenin - a murderer like all Commie by i+kan+reed · · Score: 3, Insightful

    And here's a different naive idealist.

    Collectivism is an inevitable consequence of society. Society is an inevitable consequence of humanity. Deal with it.

  23. Re:OT: Vladimir Lenin - a murderer like all Commie by mi · · Score: 0, Troll

    Collectivism is an inevitable consequence of society

    Yeah, "Socialism" is inevitable — followed by the equally inevitable Communism :-) Karl Marx much?

    --
    In Soviet Washington the swamp drains you.
  24. Re:OT: Vladimir Lenin - a murderer like all Commie by MobyDisk · · Score: 2

    Perhaps the problem is that the kind of people who can bring about large changes in society tend to be egotistical, ambitious, dictatorial personalities. Those who desire power are often the least likely to use it well. That doesn't mean that such a society is impossible, but merely that the kinds of people who are capable of bringing it about without turning into dictators are so rare that such a person has not yet been born.

  25. exactly what's needed for fast access by raymorris · · Score: 4, Informative

    > This might be true, but, if you look at the contents of any folder you'll find that all the files in it are unrelated, i.e., several songs from several different albums by several different artists. This is Apple we're talking about, there's no way that some of the obfuscation isn't deliberate.

    That's exactly what any decent programmer has always done want fast access from code. You want each folder (branch) to end up with approximately the same number of files. The user might load 600 Beatles songs and nothing else, so you use a hash that is not affected by artist name or anything else that might cause them to be similar. Something like md2.

  26. Re:OT: Vladimir Lenin - a murderer like all Commie by mi · · Score: 0

    That doesn't mean that such a society is impossible

    A number of countries — USSR, North Korea, Cuba — have gone through not only the initial period of mass-murders (which you could explain away by character-flaws of the initial crop of leaders), but through the subsequent decades of economic misery and human rights deprivation too. None of them has anything to show for it — the mass-murders may have ended, but the misery and deprivations continue.

    So, no, whatever theory may suggest, "such a society" is, indeed, impossible in practice... And Marxism has been debunked in theory too — as much as anything can be debunked in these imprecise "sciences".

    but merely that the kinds of people who are capable of bringing it about without turning into dictators are so rare that such a person has not yet been born.

    Just how many more times is the humanity to attempt this "worker's paradise" — before we start hanging those wearing Che Guevara T-shirts on lamp-posts?

    --
    In Soviet Washington the swamp drains you.
  27. Didn't this help the demise of music DRM? by Mr_Silver · · Score: 1

    The lawsuit accuses Apple of violating U.S. and California antitrust law by restricting music purchased on iTunes from being played on devices other than iPods and by not allowing iPods to play music purchased on other digital music services.

    Unless I'm mistaken, wasn't this also the cause of the eventual death of DRM?

    The music industry didn't like Apple's desire to sell every track at the same price (instead preferring to charge higher for more in demand music) - yet found themselves in the uncomfortable position of not actually being able to do that on competing stores thanks to the very DRM (they insisted on all content having) not being compatible with iTunes.

    I can't help wondering what would have happened if the same situation had also been played out with video and eBooks...

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
    1. Re:Didn't this help the demise of music DRM? by SuricouRaven · · Score: 1

      The death of DRM in music only. It's still going in video, software and ebooks. Still being trivially broken, too.

  28. 10-Year-Old iTunes DRM Lawsuit Heading To Trial by lippydude · · Score: 1

    How exactly were consumers compelled to buy iTunes and why couldn't they get the same music elsewhere. Like buying a music CD and uploading the tunes to their portable music playing device.

  29. Re:OT: Vladimir Lenin - a murderer like all Commie by Noah+Haders · · Score: 1

    And, yes, he not only tolerated, but ordered taking — and executing — of the opponents' hostages, among other steps...

    wait, so Lenin's opponents had hostages, and Lenin took those hostages and then executed them? That's a weird response...

  30. Re:OT: Vladimir Lenin - a murderer like all Commie by Noah+Haders · · Score: 1

    They just kill them for conflicting with their ideals, rather than for being political nuisances.

    The underlying cause of this tolerance of mass-murder — which leads to occasional outbreaks of actual mass-murder — is the collectivist notion, that the glorious Collective ought to trump the cantankerous Individual — for The Greater Good. Once you accept it, there is no stopping...

    everybody on Slashdot knows that the needs of the many outweigh the needs of the few.

  31. what IS this crap, anyway? by swschrad · · Score: 1

    don't know about Day One, but when I bought the original iPod Mini on first day of sale, I had no problem importing MP3 files and WAVs into iTunes and the player. I was also able to export playlists as WAVs onto CDs for the car. that seems to void the whole premise of the lawsuit.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:what IS this crap, anyway? by xaotikdesigns · · Score: 1

      It was my understanding that I couldn't just take the music I purchased from iTunes and sync them onto my Zune (for example), you would have had to burn them to a CD, and then rip that CD and then sync those files.

      --
      XDInd
    2. Re:what IS this crap, anyway? by Anonymous Coward · · Score: 0

      It was my understanding that I couldn't just take the music I purchased from iTunes and sync them onto my Zune (for example), you would have had to burn them to a CD, and then rip that CD and then sync those files.

      But this suit is about you not being able to put the DRMed music bought from RealNetwork on an iPod. So you should sue Microsoft for selling you a Zune.

  32. Dumbass. by Anonymous Coward · · Score: 1

    Please, this is Apple we are talking about. I recall the first iPod touch was broken down, cost Apple $142 but they sold it for $500. That is a much larger mark up than the 30 cents you listed. That $1 song likely cost them 15 cents to the artist, 25 cents to the labels and 10 cents to BMG. If that.

    That's horseshit and you know it. Everyone knows it, only fucktards somehow imagine that a device only costs to manufacture what the components cost.

    I guess you're forgetting that for Apple to serve the music people buy, they have to maintain a copy of the song somewhere... I guess you think servers are free, and electricity is free, and bandwidth on the internet is free, and also having to commit to keeping copies of them and make sure they're available in perpetuity is free... also, I guess managing people's accounts is free, and Apple doesn't have to pay the customary percentages for credit card transaction fees on your 89 cent purchases... because Visa and MasterCard don't charge Apple for that... then there's paying all those customer service people... I've barely shown you the tip of the fucking iceberg, you retarded bitch.

    I bet you're the same kind of asshole who bitches at restaurants wanting 9.50 for a chef's salad when you know that the lettuce in it only costs 87c, the dressing only costs 18c, the croutons are from a single piece of bread, that's like about a dime or thereabouts... forgetting that there are other costs. The guy who made the salad probably expects a paycheck, the refrigeration to keep all those ingredients fresh, that probably isn't free... oh, and the purchase cost of that giant, industrial walk-in fridge where they keep everything... where THE GODDAMNED FUCK DO YOU THINK THE RESTAURANT GETS THE MONEY TO PAY FOR *THAT*? What about the insurance they have to maintain so when some duchefuck sack of dogshit finds a hair in her salad, and has a stroke because of it, or someone's taking out a sack of trash at the end of the day, tears the bag, and a dishwasher slips and cuts his face open? What about the costs of ADVERTISING, maintaining a fucking business license... it really does go on and on. Tax attorneys... health code compliance, hiring and firing practices compliance, taxes taxes and taxes on fucking taxes... (you've obviously never run a fucking business, have you?)

    Even if whatever shit-for-brains supposed "tech writer" who decided the parts cost $142 (which he couldn't possibly have known,) you're forgetting the costs of INVENTING THE FUCKING THING, WRITING AND MAINTAINING THE SOFTWARE BEHIND IT, PAYING THE EXECUTIVES NEEDED TO MANAGE ALL THE AFOREMENTIONED PEOPLE AND STEER THE COMPANY, insurance, utilities, oh, and let's not forget that they still have to make at least as much profit as the average other tech company, or investors will flee..., depriving them of the capital they need to continue OPERATING over time... then there's the cost of innovation, since not every single thing you try will pan out. Some products will be returned. Some will be defective. Some (Newton, anyone?) will just FLOP. Apple has to EAT THE COSTS OF ALL THOSE THINGS... and a metric fuckton more that I can't even think of, and where the motherfucking goddamned fucking fuck do you think the money comes from to cover ALL THAT?!? HUH!?!? ANSWER ME !!!!!!!

    Those "oh, the $600 iPad only costs $180 to make" articles are fucking bullshit and if you believe them, (at the risk of sounding abusive,) you're a gullible fucking moron and I have no more time for you or all the other empty-headed fuckfaces who "think" (for want of a better word,) like you!

    Have a nice day. Try not to trip over your own lip you slackjawed dolt.

    1. Re:Dumbass. by Anonymous Coward · · Score: 0

      You're my hero.

    2. Re:Dumbass. by Eosi · · Score: 1
      Dude, take your Aderall.

      First off that break down is what YOU AND I would pay for the parts, not what Apple paid. Second, not everything in the iPod was developed by Apple, more so in the original iPods. In the iPod touches, they used the iPhone chips for years, that did not require more engineering (as it was 90% of an iPhone). Over time, your cost goes down when your not making 100% new things, just making updates or swapping out chips.

      My point, which people forget, is that Apple has a lower cost margin than what others do, and therefore make more money per device.

      That money does pay for costs in the devices, OS they designed, etc. Regardless, they are making more than 30% on the iPod. The first rev of the hardware and software cost more than the next generations. Or do you assume that the iPod classic they sold for almost 10 years never made them more money on the "updated versions"... How often did that OS get updates? The Hard Drive cost to Apple would have gone down over that time period, but those reductions were not passed on to the consumer. The Zune sure did not have a 30% profit minimum for Microsoft.

      My statement was about the music. Apple has NEVER disclosed their contract with BMG, not once. (If you can prove otherwise, I will retract my statement). From my working in the Music industry for many years, I can tell you that BMG does not get 70 cents per dollar on songs. Radio stations paid a flat fee to BMG for a year, normally around 25k for Country Music (this was in 2000). They made money (on paper) back from RCA and others to play Garth Brooks more per hour than other artists. RCA would do that to sell more CD's and get more tours for Garth. That is where they made their money.

      Their statement was for independent artists, without a dedicated contract, that the profit was 30% per song.

      Only an Apple Fanboy would not wonder how Apple showed more than 30% profit many years in a row to Wall Street, and believe that they only made that little per device... Course, at the risk of causing negative comments and statements, if Microsoft had not given Apple money in the 90's and offered Office on Mac's, Apple would not be where it is today.... But as normal on Slashdot, Facts are optional.......

      Carry on with the "Media" facts now....

    3. Re:Dumbass. by Anonymous Coward · · Score: 0

      LOL calling someone a dumbass while posting as AC.... Really classy there asshat....

    4. Re:Dumbass. by Ingcuervo · · Score: 0

      holy crap, this scalated quickly!!!!!

    5. Re:Dumbass. by Anonymous Coward · · Score: 0
      Sure did. That's what happens when everyone believes that "Apple can do no wrong" or that they are always 100% honest. Sure did not help them with that FoxConn issues.

      Did some checking on CNNFN, Apple's Research dollars in 2011 was only 2 Billion.. They made 108 Billion in rev.... That's a lot less to research and dev than what was lead to be believed here.

      http://money.cnn.com/quote/fin...

      Look for yourself. Apple is not hurting, even with all the hits for the new buildings, losses in court, legal fees (which was estimated at 1 Billion for the Samsung case), they are still turning a HUGE profit...

      I agree that People like to bash M$ while Praising Apply, but come on, Apple is not broke or poor.....

  33. Plaintiff bitten by their own DRM by wvmarle · · Score: 2

    It's hard to fail Apple for not allowing music purchased from other stores to play on the iPod. It'd have required Apple to support third-party DRM (which would cost Apple money), while iirc the original iPod would play mp3, amongst other formats. Can one really demand someone else to play your resticted-play files? Especially when that other party does support various other industry standards already?

    Bitten by their own DRM I'd say. Proves again that DRM stands for Digital Restrictions Management - in this case restricting to which devices may play a file. The iPod was not included. The moment they dropped this restriction from their store, the iPod could play their files just fine. Which, of course, is in part what did in DRM on music files. It's too restrictive on the sellers.

    The only possibly valid claim I see is Apple not licencing their DRM system to other players.

  34. that moves the files by swschrad · · Score: 1

    you've never had the experience of having to port out data from SpecialApp on one system to ThunderCode on another system? dude, you always have to flush it through something, sometimes multiple somethings. this is the history of computing. why is bits that tinkle any different from bits that make payroll?

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  35. Re:FOUNDER? rewrite history much? by Anonymous Coward · · Score: 0

    Woz? Is that you?

  36. Steve Jobs? by Anonymous Coward · · Score: 0

    "Late Apple founder Steve Jobs will reportedly appear ..."

    Trial includes table rocking and mediums?

  37. Re:OT: Vladimir Lenin - a murderer like all Commie by Anonymous Coward · · Score: 0

    I meant to make a joke with my original posting, but you chose to bleat something about politics... So, here it is...

    Nearly all the naive idealists in the soviet government got axed by Stalin.

    The naivette is all yours. If Lenin was any better than Stalin, it was not at all obvious. It was he, who presided over campaign of mass-murder known as Red Terror

    So why don't you mention the atrocities by tsarist Russia, and that the clergy supported them? E.g. http://en.wikipedia.org/wiki/Antisemitism_in_the_Russian_Empire

  38. They start 'em young these days by wonkey_monkey · · Score: 1

    10-Year-Old iTunes DRM Lawsuit Heading To Trial

    I misread that as "10-Year-Old iTunes DRM Lawyer."

    --
    systemd is Roko's Basilisk.
  39. Videotaped? pfff by Anonymous Coward · · Score: 0

    They don't have his head in a jar yet?

  40. Re:OT: Vladimir Lenin - a murderer like all Commie by DES · · Score: 2

    [...] The US too had a Civil War — 50 years before Russia. There was plenty of killing, some of it unwarranted, but there were no mass-murders. That, in my not so humble opinion, is because we are (or were) an Individualist country. On contrast [sic], 70 years before our Civil War here, France too had its own — being a Collectivist society, they had an awful lot of mass-executions. [...]

    The American Civil War was, for all practical purposes, a conventional war between two nation states. The French Revolution was not; it was not even a civil war (unless you count the revolt in Vendée where loyalists attacked republican forces with material support from the United Kingdom). The mass executions of the Reign of Terror were political purges, pure and simple. Meanwhile, your “individualist country” is responsible for the enslavement, internment and mass murder of millions of its own (abducted) citizens on its own (stolen) territory, and the political faction which you seem to support is doing its damned best to continue the tradition, so shut the fuck up.

  41. Re: OT: Vladimir Lenin - a murderer like all Commi by Anonymous Coward · · Score: 0

    No. Just because it has happened doesn't at all mean that it must happen.
    Collectivism has nothing at all to do with society. It is not the desire of society. It is a tool used by oppressive powers to do terrible things that they wouldn't otherwise be able to do.

  42. I'm so glad! by CHIT2ME · · Score: 0

    I'm glad I've never bought anything "i" or "Apple" or "Mac" or any other overpriced, overhyped piece of crap from that company! "Walled Garden" is just a kinder, gentler way of saying; "stay inside the razor wire you worthless idiots!" And, oh yeah, send us piles of cash!!!

    --
    My karma is bad. Don't get too close!!!
  43. Am I alone in the crowd? by Anonymous Coward · · Score: 0

    Back in the old days (that would be 2000-2004) I was able to load most of my non-iTunes DRMed music onto my iPod with some low-cost cracking program I purchased. Since this was music I had paid for, I believed then (and still do) that it was my personal right to play the music on any device of my choosing. I never shared my music with anyone else. The only music I recall being unable to rescue were the DRMf'ed songs I bought from Walmart's online music store, which probably doesn't exist anymore. It was about ten dollars worth of music. I never made that mistake again. If I couldn't figure out how to crack it, I wouldn't buy it.

    Cracking the iTunes DRM was as easy as burning the song I'd just purchased to a writable CD and then copying it back into my iTunes. Early on in the game, I recall having to rename each music track myself, because the copied songs were listed with generic names. So I guess I'm just wondering why any of this was ever a problem for anyone. I'm really not that smart.