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Apple Wins iTunes DRM Case
An anonymous reader sends word that Apple's iTunes DRM case has already been decided. The 8-person jury took only a few hours to decide that the features introduced in iTunes 7.0 were good for consumers and did not violate antitrust laws.
Following the decision, the plaintiff's head attorney Patrick Coughlin said an appeal is already planned. He also expressed frustrations over getting two of the security features — one that checks the iTunes database, and another that checks each song on the iPod itself — lumped together with the other user-facing features in the iTunes 7.0 update, like support for movies and games. "At least we got a chance to get it in front of the jury," he told reporters. ... All along, Apple's made the case that its music store, jukebox software, and hardware was simply an integrated system similar to video game consoles from Sony, Microsoft, and Nintendo. It built all those pieces to work together, and thus it would be unusual to expect any one piece from another company to work without issues, Apple's attorneys said. But more importantly, Apple offered, any the evolution of its DRM that ended up locking out competitors was absolutely necessary given deals it had with the major record companies to patch security holes.
Steve Jobs himself was anti-DRM (on music, at least): http://readwrite.com/2007/02/0...
It's a shame the original page isn't even on Apple's own website anymore.
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You can use non-apple devices with iTunes and the iTunes music store just fine. You have always been able to do so. I don't know why you'd want to because as far as mp3 managers go it kinda sucks, but you could plug a random mp3 player in and provided its not going out of its way to be weird, iTunes will detect it and list it on devices and it'll happily copy any non-DRM'd content to it.
All you could not do was use non-Apple devices with DRM'd music-- but no music is DRM'd anymore, so that's not relevant.
You also couldn't use DRM'd music from other services on Apple's devices, and you still can't, but that's not relevant either because there's no obligation for Apple to support anyone elses DRM.
The case is not about supposed non-existent DRM between iTunes and iThings, its about Real hacking Apple's DRM on files and trying to copy such hacked DRM'd content -- instead of plain straight up mp3s that iTunes always supported fine -- into an iThing. Apple closed the hole in their DRM and such hacked content was no longer valid.
But, that's not relevant anymore because Apple doesn't use that DRM on any music anymore. (They _do_ use it on non-music stores still, though)
When DRM is a prerequisite to get the rights to offer the item to consumers at all. I'm not saying it necessarily WAS worth it, but the people who owned the rights to the music wouldn't allow downloads without DRM. So the options to bring it to market were download music with DRM, or don't download music legally. The consumer gets to decide whether they want that deal or not.
Doesn't the USA have a concept of jury nullification, where the jury does much more than just determine facts, and actually takes a position on what's right and wrong?
Yes, but that is for criminal trials, not civil trials. Basically, for a criminal trial if the jury returns a verdict of innocent then the defendant walks, no matter how the jury reached that verdict, even if it blatantly goes against the evidence. Jury nullification isn't explicitly codified in law, rather it is a concept that people have applied that is based on how the legal process works, i.e. a jury that returns innocent ends the prosecution. It has been used for juries to deliver justice when people have been unfairly, but legally, charged with crimes.
A civil trial doesn't really have the same protection since a judge is allowed to toss a jury's verdict if he feels it goes egregiously against the facts of the case, but if he does he must defend his decision and he doesn't get to replace the verdict with his own, but rather he in essence declares a mistrial and it has to be retried. Again, this is for the trial portion where the jury's purpose is as a determiner of facts. On the other hand, the jury award during the penalty phase can be reduced by the judge. And like always, any such action by a judge better be defensible otherwise he opens it up to being overturned on appeal.
Just like in criminal trials, in civil trials juries are given wide discretion in order to allow justice to be served. For example, it is not uncommon for the plaintiff to be awarded more by the jury than the plaintiff asked for, or for the jury to decide with their hearts instead of what the evidence logically dictates. Since civil juries decide based on the preponderance of the evidence and that is subjective, the level that must be reached for the judge to be able to toss the jury's decision is pretty high, so overturning such jury results is not very common (though make big press when the few do happen in big cases).