EU Officials Cautious on AntiTrust Issues 156
An anonymous reader writes "News.com has a piece up looking at reactions from EU officials to the iTMS antitrust case. The individuals involved are wary of cracking open the DRM that protects the music sold at the iTunes Music Store." From the article: "One of the most outspoken government advocates on the issue is Norwegian consumer ombudsman Bjorn Erik Thon, who said he would act soon depending on how Apple responds to a letter the government had sent the company. If Apple can require an iPod for songs via iTunes, then music, book and film companies might restrict their products to specific players too, he said."
Media restricted to prefered player only (Score:5, Insightful)
Sounds like Sony and Blu-Ray.
Larger scope (Score:3, Interesting)
Your thinking is too limited. This sounds exactly like DVD and CSS, or Blu-Ray/HD-DVD and AACS. In either case unless you sign agreements to support those DRM standards you are not able to build devices to play that media.
The movie companies MIGHT restrict the products to certain players? They already do today and have for years!!
If I were Apple I'd write back: "Dear Sirs; either ban CSS as well or get off our case."
Re:Larger scope (Score:4, Informative)
However, with CSS, they will license the technology to just about anyone willing to spend the cash. That's why there are so many cheap no-name DVD players at Wal-Mart and such.
Re:Larger scope (Score:2)
Somehow I don't think that's the issue. (Score:5, Insightful)
Apple is a company which exists to make money for its shareholders. I can guarantee you that they would license the FairPlay scheme to anyone who was willing to pay Apple what it's worth. Unfortunately, the problem here is that nobody -- least of all SanDisk and Creative -- can afford that.
Re:Somehow I don't think that's the issue. (Score:3, Insightful)
And second, you've assumed that Apple always does exactly what will make them the most money - it's simply not true.
And lastly, who's to say Apple would make money by licensing fairplay? What if itunes went down the crapper because someone was able to sell fairplay-encoded music in an interface that was better than itunes? What if third party players exploded in popularity, because people could easily transfer
Dual format players (Score:2)
I'd buy a player that gave me that flexibility, and then Apple and Real/Yehoo/Microsoft would end up in a bidding war which would be bad for everyone (except of course the consumer)
Re:Somehow I don't think that's the issue. (Score:3, Insightful)
And lastly, who's to say Apple won't make money by licensing fairplay? What if itunes becomes even more popular because competitors
Re:Somehow I don't think that's the issue. (Score:2)
Re:Larger scope (Score:2)
"FairPlay"? "Plays4Sure"? "Digital Rights Management"? I see a pattern emerging here...
To paraphrase Sir Humphrey Appleby of Yes Minister [yes-minister.com]:
Re:Larger scope (Score:2)
It's all in the "great tradition" of doublespeak [wikipedia.org]. Man, it almost feels like the eighties again...
a different view (Score:3, Insightful)
Re:Larger scope (Score:2)
If I were Apple I'd write back: "Dear Sirs; either ban CSS as well or get off our case."
Shhh! Don't tip them off, if this goes through ladies and gentlemen it will be the end of CSS and AACS and all this POS. Well, that, or we get a completely toothless piece of paper hailed by its creators as major step forward for consumers and ignored by the world at large.
Re:Larger scope (Score:2)
How is the phone not relevant? (Score:4, Insightful)
Re:Larger scope (Score:2)
The point I was trying to make is this: If every time the game doesn't go your way, you take your ball and go home the other kids stop playing with you. If you play nice with the other kids, more people like you and everything is more fun. And music players should be fun, right?
Then again, I can cite Microso
Very common (Score:4, Insightful)
>Sounds like Sony and Blu-Ray.
Sounds like every game console ever made.
Re:Very common (Score:2)
Legality is orthogonal to difficulty. In other words, the fact that complying with the law is difficult is not an excuse for breaking it.
Re:Very common (Score:2)
> If so you are forgetting a huge differance.
Actually -- there isn't. Apple isn't requiring an exclusive license on the music, so Sony, TimeWarner, etc are able to encode their music into the other format as well.
The iPod is open. It plays MP3's just fine! The only thing that is closed is the copy-protection, something that the RIAA insists upon. Talk to them about removing the copy protection and you can open up the iPod
Re:Media restricted to prefered player only (Score:2)
Considering Samsung is releasing a Blue Ray player BEFORE Sony I am wondering when my Samsung Fairplay compatible product will be out.
Oh righ, never.
Re:Media restricted to prefered player only (Score:2, Interesting)
Sony allows you to play every blu-ray disk to every blu-ray device with every blu-player. It is an unfortunate consequence there are not so many players.
But, Apple allows you to play every iTunes track with every iTunes player (any of the 1G-5G iPods, the Moto ROKR and upcoming iTunes phones, or on my Mac or
Re: (Score:2, Insightful)
Re:Because you HAVE to buy from iTunes (Score:3, Insightful)
I use exclusively Apple computers. I own three ipods. I bought a new macbook within a few days of launch. All my friends call me an Apple fanboy because I constantly try to convince
Re:Because you HAVE to buy from iTunes (Score:5, Informative)
No, it's not. What Microsoft did in the 90s was leveraging a monopoly, and I'll explain below.
You don't explain how exactly Apple's DRM is more strong-arm than Microsoft's inclusion of Internet Explorer. To use an iPod or iTunes, you don't even have to ever touch FairPlay, and just listen to your own MP3s. Microsoft's inclusion of Internet Explorer was targeted because it was a part of a series of behavior that included:
1.) Coercive OEM deals that threatened Windows license removals if manufacturers included rival software on new systems, including Netscape. Because of Windows dominance, a license removal would be commercial suicide.
2.) Vaporware announcements designed to lure customers away from buying existing competing products.
3.) Purposeful incompatibilities designed to make competing products appear as malfunctioning.
The big one is #1, and every time someone compares the iPod/iTunes tie-up to Microsoft's monopoly abuses of the 90s, I have to call them on it and point out Apple is doing absolutely no such thing. Apple is not calling up retail stores and telling them that if they don't remove all non-Apple music players from their shelves, Apple will no longer sell iPods through them. Apple doesn't really do anything about competing products. They, for the most part, completely ignore them and just let their own product design shine through.
This is ridiculous. There is no abuse of customers going on. You're not forced to buy music from Apple, and if you do, it is of your own volition. You may also be disappointed to learn that if you buy an XBox 360, you can only play XBox games and not Playstation 2 games, even though they both use the same DVD format. Nobody is forcing the customer to do anything they don't want to do.
You haven't explained how anybody's choice is being limited. You have free choice to buy music from Apple, with the implications that their service works only with other Apple products, as is their right. Or you have the free choice not to buy Apple's music, and just use MP3s you rip yourself. You also have the choice to buy any one of the myriad of competing music players that use PlaysForSure and other services. I fail to see what consumer choice is being limited here.
iTunes is specifically designed as part of Apple's vertical solution strategy, a medium for interacting with the iPod, and the iTunes Music Store specifically exists to provide music for people who have purchased the iPod. Apple is simply providing services to increase the value of an iPod to potential customers, just as they ship iLife only for Macs. It's adding value to a hardware purchase, just like when Nintendo releases first-party games to increase the value of a Nintendo hardware purchase. I may want to play New Super Mario Bros. on a PSP, but I'm not going to consider it monopoly abuse that I can't.
Re:Because you HAVE to buy from iTunes (Score:2)
This entire "concern" over Apple and iTunes is entirely related to the idea of the MP3 as some sort of universal standard of music consumption. Even excusing the proprietary MPEG-3 compression standard rhetoric, most people see the argument as "a music file is a music file is a music file."
This stands in sharp contrast to a Nintendo cartridge vs. a PSP UMD vs. an XBox CD/DVD. In reality it's nothing more than sleight of hand, but to the end consumer (and unfortunately, most legislators), a company should
Re:Because you HAVE to buy from iTunes (Score:2)
And that whole argument is a red herring to begin with!
That assumption needs to be reframed to say that any DRM at all is considered to be bad. That's the real issue!
Re:Because you HAVE to buy from iTunes (Score:3, Insightful)
Re:Because you HAVE to buy from iTunes (Score:2)
Re:Because you HAVE to buy from iTunes (Score:3, Insightful)
If you DO purchase music from the ITMS, it will ONLY work on a computer on an ipod. So, if a really kickass Sandisk player comes out a month from now, you're fucked. If you have that fancy new PDA with a huge storage card - tough luck, you can't play
Re:Because you HAVE to buy from iTunes (Score:2, Insightful)
No it doesn't. Going from a lossy compressed format to CDDA gives the save audio content. If you turn around and go back down to another lossy compressed format, it will potentially (probably) lose quailty from the original uncompressed copy that was used to generate the lossy compressed copy you bought from iTunes. (master DAT -> aac -> CDDA/wav -> mp3). Since the CD was made from a lossy compressed copy, it may have already lost everything that the mp3 comp
Re:Because you HAVE to buy from iTunes (Score:2)
Even if you burn to CD and rip back to AAC, you're going DAT-AAC-WAV-AAC.
There are two compression steps there - the WAV isn't the same as the DAT original, and so your encoding is going to be different as well. When it's given an uncompressed WAV, AAC doesn't somehow magically know which bits were thrown away so it can rebuild
Re:Because you HAVE to buy from iTunes (Score:2)
No, you don't, and few people do. (Score:5, Insightful)
The only people unwilling to go through the "hassle" of ripping from a CD and who instead buy tracks at $0.99/song are people who have so much money to burn, they probably don't even know SanDisk or Creative exist, or that there are other MP3 players out there besides the iPod.
Seriously -- get a clue. The vast majority of songs on the vast majority of iPods in the world have been ripped from CDs (or downloaded illegally). The iTMS is a sideline, albeit a profitable one, but it's one that Apple would happily sacrifice in a particular market if the alternative in any way cut into their iPod hardware sales.
I don't know anyone who buys an iPod and then loads it up with music from the iTMS, or who bought an iPod because of iTMS. Who can afford to? By the time you filled that iPod up, it would be worth as much as a fairly decent, brand-new car. No, most people rip from CD, and it's dead easy to do. Frankly, sticking the CD in the drive and clicking on Import is easier, out of the box, than getting stuff from the iTMS is. (No signing up for an account, no entering your credit-card number, no high-speed internet required for good experience, etc.)
Nobody HAS to buy anything from iTMS. I'm sure there are lots and lots of people out there who can testify to the fact that they own iPods and have never bought anything from the iTMS. Personally, the only stuff I've bought was a few Audible books, and the free songs I've gotten from Pepsi caps. Even the people who download from the iTMS regularly, I'd wager, have far more songs on their computers from other sources than they do from the iTMS.
In short, you're vastly exaggerating the difficulty of ripping music from CD, and overstating the importance of the iTMS. If anything, the number of people out there with iPods is what will keep record companies from ever selling many un-rippable CDs, since so many people buy CDs and the first thing they do is stick them in their computers and rip them to their iPod.
If Apple offered a Napster-like music subscription ("all you can eat") service through the iTMS, then I would start to see your point of view: then you'd have a digital download service that was a practical source from which to fill up a HD-based music player. But at 99 cents a song, and much higher in some places in Europe, the iTMS certainly isn't it.
Re:No, you don't, and few people do. (Score:2)
One billion songs is a sideline?
http://www.apple.com/itunes/1billion/ [apple.com]
The point isn't to fill an ipod up with music from itunes. The point is the many many people out there who ge
The vinyl lock in (Score:3, Insightful)
Re:No, you don't, and few people do. (Score:4, Interesting)
Ripping a CD is just starting one of the many CD ripping utilities, clicking once (possibly twice depending on the utility), waiting for the disk to pop out and archiving it. That's what I do whenever I buy a new CD. Then I synced my ~/Media/sound/MP3 tree with my iRiver H320 (now lost —whine— waiting for a Creative replacement) every now and then.
Once every 3 months, I have to enter the track info myself because they don't seem to be on the freedb (or because I don't like the way they have been entered). Ok, that's sort of a minor hassle.
Maybe in Windows it's really horribly complicated but somehow I doubt it...
Re:No, you don't, and few people do. (Score:2)
iTunes became popular both on the Mac and the PC even before the iPod or the iTMS because it made ripping stuff from CD and organizing it dead easy. I know a lot of people (mostly older / nontechnical folks) who never rea
Ignorant Government Idiots (Score:2, Informative)
You don't have to use an iPod to play iTunes Music!
Options:
1. Play music on your computer (Windows or Mac)
2. Burn CD and play on your stereo
3. Re-rip to MP3
Re:Ignorant Government Idiots (Score:3, Insightful)
5. ???
6. profit for everyone but you
Re:Ignorant Government Idiots (Score:2)
Re:Ignorant Government Idiots (Score:2, Insightful)
For two, unfortunately most normal computer users don't understand DRM and how it limits their rights until it's too late. Relying on consumer ignorance to lock them into a DMCA-protected proprietary DRM scheme is unethical and should be illegal.
I hate the "if you don't like it, don't buy it" argument - if you don't like windows, don't buy it. But definitely don't ask the government to step in and do something about their abuse of monopoly power.
Re:Ignorant Government Idiots (Score:2)
I found out (after the fact) that I had a few "protected" disks (apparently they weren't even audio CDs anymore) and the ripping software doesn't even seem to notice. Apparently most of them rely on adding a data track to the CD which automates the installation of Windows drivers.
For now, DRM is still irrelevant to some users. Can't say what the future will hold of course...
Re:Ignorant Government Idiots (Score:2)
How is "when they sign up for an account" too late?
Relying on consumer ignorance to lock them into a DMCA-protected proprietary DRM scheme is unethical and should be illegal.
The only thing that relies on consumer ignorance is your argument. You seem to be implying that Apple is keeping the DRM restrictions secret, which they are not.
I hate the "if you don't like it, don't buy it" argume
Re:Ignorant Government Idiots (Score:2)
Re:Ignorant Government Idiots (Score:3, Insightful)
That's beside the point. All DRM is unethical and should be illegal.
Re:Ignorant Government Idiots (Score:2)
I wouldn't have a problem with DRM if - a.) the DMCA was repealed, and b.) a giant red sticker that says "WE WILL FUCK YOU OUT OF YOUR RIGHTS IF YOU BUY THIS" was on the cover of every product implementing DRM.
Re:Ignorant Government Idiots (Score:2)
I've been thinking of organizing a kind of "guerilla activism" campaign to get a bunch of people together, invade stores that sell DRM-infected products, and put these stickers on them. What do you think -- good idea? Also, which strategy do you think would work better: a sort of "blitzkreig" where everybody runs in and labels everything as quickly as possible, or a stealth
Re:Ignorant Government Idiots (Score:2)
Re:Ignorant Government Idiots (Score:4, Insightful)
Nevermind that if you rip to a lossless format, you're wasting tons of HD space and certainly not improving over the quality of your much-smaller AAC.
Re:Ignorant Government Idiots (Score:2, Informative)
Re:Ignorant Government Idiots (Score:2)
Re:Ignorant Government Idiots (Score:3, Interesting)
You forgot:
4. Play music on selected phones.
That said I don't think companies that intentionally restrict consumer rights above and beyond what copyright law does should be given the protections of copyright. It should be an either or proposition. Either copyright your song and consumers are obligated to follow the rules about not copying it, but you cannot impose any additional rules, or don't copyright it and impose your own technological restrictions, but if someone breaks your DRM they can do anything
Re:Ignorant Government Idiots (Score:2)
Copyright is designed to enrich the public knowledge pool by giving authors a time-limited monopoly on distribution of their works. Without such a monopoly, many authors or inventors would simply try to keep their knowledge secret, which doesn't benefit the public. This is obvious with respect to books, especially when copying is very easy. In the software world, companies who
Re:Ignorant Government Idiots (Score:2)
If you don't publish your source, you don't get copyright.
I have previously advocated going even further. For those companies that do publish a work, they use copyright to make a profit. They stop making a profit when they stop selling that work. I think the day a publisher stops selling a work at a reasonable market price is the day that work should enter the public domain and stay there. That will ensure all works, even ones the publisher does not find profitable, do not "vanish" as so many have in the
Re:Ignorant Government Idiots (Score:2)
Re:Ignorant Government Idiots (Score:2)
They are already guaranteed 100%. The only way you can get less is by giving/selling away your rights.
Copyright reform is badly needed, but sadly most people just don't care that our musical, artistic, literary, and cinematic heritage is being steadily destroyed.
It probably has something to do with the fact that it is being created at a faster rate.
Re:Ignorant Government Idiots (Score:2)
They are already guaranteed 100%. The only way you can get less is by giving/selling away your rights.
Suppose you're a musician. Your goal is to get the world to hear your music and you'd like to make a living at it. You're really good. So you decide to sell your music and use copyright, as intended, to make money doing so. After a few weeks you realize that a cartel (legally defined as such) owns the distribution chains needed to reach more than a tiny segment of the population. Without their buy-in you
Re:Ignorant Government Idiots (Score:2)
Disclaimer : this may be, I don't use iTunes nor iPods
Re:Ignorant Government Idiots (Score:2)
Yes, they are both free and legal. And clearly documented by Apple.
Re:Ignorant Government Idiots (Score:2)
Re: (Score:2)
Re:Ignorant Government Idiots (Score:2)
Then you are not one of their potential customers. Just like MS will have trouble selling me Xbox games because I do not have an Xbox.
3) Legally?
Yes. The capability is built into iTunes.
Re:Ignorant Government Idiots (Score:2)
Re:Ignorant Government Idiots (Score:2)
Also, Mom and Pop can easily do the re-rip process if they want since the process is clearly outlined in the iTunes help file!
So? (Score:5, Insightful)
The problem isn't the DRM itself. Apple (and others) make intentionally crippled products, limited by this DRM junk. The consumer is free to decide if the crippled product is worth the price he/she is being asked to pay. If it's not, the product goes away, for lack of a market. Maybe some consumers DO find it a worthwhile trade, and the company can flouish because of it. Maybe some don't. If a government interferes with that process, it's interfereing with the free market.
The problem comes in when the government also interferes by making it illegal to circumvent the DRM, or do other "unauthorized" things to products people already have purchased. If Apple wants to sell me a crippled product, but I can make it better by circumventing the DRM, so be it. I haven't done anything ethically wrong until I've redistributed the product (presuming one buys into copyright as a valid concept, which we will for purposes of this dicussion). Maybe that easy circumvention is WHY it's worth it to me ot purchase the product. No one's going to tell me I can't rewire my blender to make it operate past spec, or cram together my own water filter out of parts I find in the store. It shouldn't be any different with media.
The solution is for government to butt out entirely.
Re:So? (Score:2)
I own the electrical system inside my home, but I'm legally required to hire a licensed electrician to modify it. I can't perform home renovations (even purely internal ones) without a building permit. I can't cut down my own tree in my own yard that's over 6 inches in diameter at chest height. I can't legally inhale the wonderful fumes from my own aereso
Re:So? (Score:2)
Re:So? (Score:2)
Re:"Just don't buy it" is a fallacy. (Score:2)
Even if those options go away, there's nothing preventing Joe Garage Band from releasing his music without DRM, to make it more appealing than the corporate-controlled music that has DRM.
I'd argue (seperately) that the concept of copyright isn't really valid, and the sorts of monopolies you speak of with regard to individual works are indeed a problem - for fa
Re:"Just don't buy it" is a fallacy. (Score:2)
Why? Because the quality is less than ripping from CD, and the DRM is a hassle in the long-run.
As long as non-DRM media with equal or better quality is available at an equal price, it is easy to avoid DRM.
The consumer advocacy groups should be going after the copy-protected CDs and help to define fair use in more general terms, rather than specifically focusing on iTunes.
All DRM is equally
Re:"Just don't buy it" is a fallacy. (Score:2)
Re:So? (Score:2)
I know you can't easily buy the latest movie release without DRM (the vast majority of the time). So? If there are enough people so bothered by
"Might"? that's the freaking point! (Score:5, Insightful)
Ed Felten has pointed this out on numerous occasions, and I seriously doubt these government officials are so stupid as to not see it.
News flash corporate sellouts: you can't have your cake and eat it too..
DRM is deliberate incompatibility, and if you protect it you can't encourage interoperability at the same time!
Re:"Might"? that's the freaking point! (Score:3, Insightful)
Re:"Might"? that's the freaking point! (Score:2)
Ummm... Those industries already do that. (Score:3, Interesting)
Re:Ummm... Those industries already do that. (Score:2)
This is ridiculous (Score:4, Insightful)
A more accurate way to argue the point he's making is to say that it would allow retailers to restrict the products they sell to specific players. For example, Barnes & Noble might start selling only ebooks in a proprietary
Re:This is ridiculous (Score:2)
That's such a load of crap. He may have a point if Apple were the originators of the content itself, but that's not the case.
I think you're missing several important points. First it does not matter how many companies are intermediaries or what options are available today. Copyright is supposed to be a two-sided deal. If the government provided a monopoly on the publication of something, subject to a whole series of rules and restrictions, why should content producers be able to implement technology that
Re:This is ridiculous (Score:3, Insightful)
You had me up to here. They are doing no such thing: they're not saying you have to use music from their store, in fact you can load music onto that iPod from anyplace you want (including pirated stuff).
If you choose to get music from the iTMS, then it becomes locked to the iPod: but it's not as if the consumer doesn't have a number of alternatives besides the iTMS.
Were Apple to make it so that
Re:This is ridiculous (Score:2)
You had me up to here. They are doing no such thing: they're not saying you have to use music from their store, in fact you can load music onto that iPod from anyplace you want (including pirated stuff).
I don't think you understand antitrust law. Whether or not you can load data from elsewhere is irrelevant. If Apple has a digital music player monopoly then it illegal for them to gain any advantage from that monopoly to gain market share in another market (DRM formats, jukebox software, OS's, or peppermi
Re:This is ridiculous (Score:2)
Re:This is ridiculous (Score:2)
Confusing the device provider w/content provider. (Score:5, Insightful)
The only part of the Apple solution that is 'locked' is the iTunes Music Store. And as we can see, everything available through there (with the exception of a few 'exclusive tracks!') is also available *elsewhere* - and there's a great deal of content that *isn't* available there. Furthermore, Apple makes no attempt to lock the iPod down from handling this other, DRM-free content (and if anyone whines 'it won't play format xxx' I slap them).
At that point, the thing that their 'lock' is protecting is their 'ease of use' consumer flow. In other words, we built this thing in such a way that the only people who can extract rents from downloading music to it (i.e. use DRM to make people pay money to download music to it) is us. If people want to invest a little energy and time, they can put music on it to their heart's content without having to cope with anybody's DRM, but if they want to accept the DRM and pay the cash for ease-of-use, they have to pay it to us.
That's what capitalism is all about. There's a perfectly good way onto the iPod for music that isn't from ITMS. If you don't want to pay Apple, don't. Buy a CD and rip it. Hell, record it yourself and load it. Your iPod will play it just fine. These bills have zip to do with protecting consumers, they have to do with protecting other businesses who want to extract their own rents in the DRM download market and want to freeload off the iPod's popularity. Screw 'em.
Re:Confusing the device provider w/content provide (Score:2)
Buy CDs (or LPs).
Buy non-DRM MP3s.
Buy from iTMS and play it on your computer.
Buy from iTMS and burn to CD and play anywhere.
Buy from another vendor.
Don't buy music at all..
etc.
Re:Confusing the device provider w/content provide (Score:2)
The only part of the Apple solution that is 'locked' is the iTunes Music Store... That's what capitalism is all about.
We're talking about anti-trust law here. If Apple is wielding monopoly power in the digital music player space (which has yet to be determined by the courts) then advantaging themselves in any way in the separate music jukebox software space is a violation of the law. It doesn't matter that people can download some music from other places and put it on the iPod. It doesn't matter if they
Re:Confusing the device provider w/content provide (Score:3, Insightful)
Re:Confusing the device provider w/content provide (Score:2)
Re:Let me guess you are an american (Score:2)
What a patently absurd statement. Norway is neither a socialist nor a communist state.
Norway not in EU (Score:3, Informative)
Re:Norway not in EU (Score:2, Informative)
EFTA states (other than Switzerland, which isn't in the EEA) have their behaviour regulated by the ominous-sounding EFTA Surveillance Authority [eftasurv.int], rather than by the European Commission, on matters related to compliance with Single Market regulations.
XBox Live? (Score:2)
Flawed reasoning... (Score:2)
Ombudsman in reality a Microsoft Shill (Score:5, Interesting)
We understand what the Norwegian Ombudsman and his department is saying, but in reality his is acting as a Microsoft shill. His department has never lifted a finger to make sure Microsoft DRM protected material is available to non-Microsoft customers in Norway.
Best example of this is the government, (mandatory) license financed "Norwegian Broadcasting Corporation" (public TV and radio) that publish all their video content in Microsoft DRM protected format. The Ombudsman has done nothing to ensure that this material truely is available to the public; only to Microsoft customers. There are other public institutions in Norway as well that publish Microsoft DRM protected content only.
If the ombudsman is eager to enforce Norwegian legislation in this area, he should first make sure the very government institutions and structure his department is a part of is in compliance with the law, before starting to go after one private company.
Re:Ombudsman in reality a Microsoft Shill (Score:2)
Microsoft wants to give you the choice --
1) use their OS only.
Yep -- you're choice!
Mandatory warnings might be a good idea (Score:2)
"Warning: This player supports Digital Restrictions that may prevent you from exercising any right you have to transfer or backup your music"
A similar warning could be put on ITMS checkout for the songs themselves.
What's the dispute? (Score:5, Insightful)
1. You don't have to buy an iPod. You can buy any music player you want; and there are plenty of vendors. Furthermore, you can use any of your music players with Windows or OS X.
2. You don't have to buy songs from iTunes. You can use any online service you want; and there are plenty of vendors. Unlike the OS scene, lower marketshare for Microsoft's online music store, or Real's online music store does != less content. Napster has 1.5 million pay-for songs on it. MSN music has millions, as does Rhapsody. Nobodies forcing you to use iTunes.
3. iTunes *will* rip MP3 or AAC without an iPod, on both Windows and OS X. iTunes *will* copy MP3s or AACs to _any_ USB block device-style MP3 player, without you having to own an iPod. However you purchase non-DRM MP3s or AACs, you can manage them with iTunes, and copy them to _any_ USB block style device; including iPods.
4. The iPod can be access without using iTunes. There's plenty of Linux tools, and a fair number of OS X and Windows tools. MP3s and/or AACs can be copied to your iPod.
The ONLY limitation on the iPod/iTunes combination is AACs purchased on iTunes protected by FairPlay. Now, if iTunes had exclusive marketing agreements with the RIAA regarding content, or if the iTunes music store was the only online music store out there, or if no one made MP3 players but Apple; then there would be an anti-trust argument. As it is, the consumer *is not hurt* in *any* way by iTunes/iPod. You can buy a Samsung MP3 player, and play the _same_ exact music from the MSN Music store as you would have purchased from iTunes. Better yet, if you purchased non-DRMd music, you could managed it via iTunes and play it on your Samsung MP3 player.
The iPod/iTunes combination is less of an anti-trust problem than Windows/Windows software, or Xbox360/Xbox games, or Blu-ray/BD-ROMS, and HD-DVD/HD-DVD disks. Out of all of these product "tie-ins", the online music market is the *only* one where you can purchase the same _exact_ content from multiple providers. It's actually a competitive landscape.
Context is very important for antitrust. It's not about principle; in no way does Apple DRM limit market availability for RIAA music, unless the RIAA decides to exclusively license Apple, which they _have not done_. Now, I do believe that DRM is bad, but antitrust legislation is not the correct way to resolve it.
Any argument you can come up with regarding iPod/iTunes applies 100 fold to Windows/Windows Media/Software/Music. Win32-only, or WMV only is a far bigger problem in terms of competition, and you can easily see that by comparing the online libraries of OS X content versus Win32 content.
That all being said, product-tie-ins is one of the weakest forms of monopoly abuse. I suspect that all this noise regarding iTunes/iPod is being generated by Microsoft funding. Nothing else really makes sense. For god sakes, Apple has even started to license FairPlay, in terms of usage on Motorola's phones; and don't forget that Apple is NOT vertically integrated with content providers (RIAA).
I'm all in favor of generalized legislation protecting the consumers right to reverse engineer DRM for us on . Should I be able to try and crack FairPlay in order to play DRMd AACs on my Rio Karma? Sure. It's retarded that reverse engineering content you've paid for for usage on a hardware you own is illegal. But legally busting Apple without going after Microsoft/Sony/Real/AACS/CSS/HDMI ? What fucking sense does that make?
uh, welcome to DRM! (Score:2, Informative)
First they want DRM, now they whine that it's not *their* DRM? Tough luck.
Re:I'll be worried about this (Score:5, Interesting)
Likewise, you can buy the same albums you see in iTMS from your local CD store, or in some cases from other music download sites. So what, exactly, is the problem?
I used to buy a lot of music from iTMS, but since I've started using my computer as the main playback device on my living-room stereo, I've come to demand lossless formats. Besides, if you want the full album it's usually a better deal to hunt down a used CD.
(I now generally only buy iTMS songs if it's just one tune that I want, and I'm mostly going to be listening in the car or some other setting where I don't care about hi-fi. For example, I recently downloaded "All the Time in the World" by the Subdudes. It's a great summer crusin' song, but I don't give a crap about the rest of the album. So that amounts to about three or four songs a month, which is a fairly small fraction of my music purchases. If iTMS starts offering lossless formats, I might go back to buying large quantities from them, since it is a hell of a lot more convenient than driving to the store... but for now I'm mostly off the bandwagon.)
iTMS DRM only symptom... (Score:2)
The problem is not Apple, the iTMS/iPod-lock in is merely a symptom.