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Encryption Security Businesses United States Media Media (Apple) Music Apple

Congress Ponders Opening up iTunes DRM 610

hammeredpeon writes "Congress is debating whether or not to require that music shops keep their DRM open for interoperability. Apple wasn't present at the hearings, but Napster's CEO was, arguing that the market should make the decision about interoperability. Considering that previous standards (FireWire/USB, Betamax/VHS) have been decided by the market, could it be that Apple isn't big enough to keep the government out of its industry?"
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Congress Ponders Opening up iTunes DRM

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  • Are they for real? (Score:5, Insightful)

    by TripMaster Monkey ( 862126 ) * on Thursday April 07, 2005 @05:34PM (#12170522)
    From the article, here's a quote from the chairman of the subcommittee, Lamar Smith:

    "This interoperability issue is of concern to me since consumers who bought legal copies of music from Real could not play them on an iPod."


    <sarcasm>
    I know exactly how he feels...just the other day, I bought a game that was made for the Xbox, and found that I couldn't play it on my PS2! Can you imagine???
    </sarcasm>

    This is unbelieveable. Does Congress truly have nothing better to do?
    • by Anonymous Coward
      Somehow, I don't believe Mr. Smith 1.) Owns an iPod or 2.) downloaded music from real
    • by truesaer ( 135079 ) on Thursday April 07, 2005 @05:38PM (#12170580) Homepage
      Your analogy is all wrong. The xbox and PS2 are completely different architectures...there is no way you could make them interoperable without a complete emulation.


      On the other hand, the iPod and other players are all capable of players all the same formats. AAC is an open standard, Fairplay is not. So it is an artificial limitation that I oppose.


      What this is really quite similar to is region encoding on DVDs. 100% bullshit artificial restriction.

      • by minus_273 ( 174041 ) <aaaaa&SPAM,yahoo,com> on Thursday April 07, 2005 @05:44PM (#12170634) Journal
        "What this is really quite similar to is region encoding on DVDs. 100% bullshit artificial restriction"

        well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok. It helps prevent a situtation like windows where it is charged similiar prices everywhere and that leads to more priacy
        • by Doc Ruby ( 173196 ) on Thursday April 07, 2005 @06:29PM (#12171023) Homepage Journal
          Yes, a practice sometimes known as "restraint of trade", artificially dividing open markets for maximum profit, at the expense of consumer choice. A practice possible only for industry cartels, who can prevent anyone from entering the market with an unconstrained product. Which is exactly where the Congress is on duty, when they're American companies, or when the American market is affected, which it is.
        • by dvdeug ( 5033 ) <dvdeug@emailMENCKEN.ro minus author> on Thursday April 07, 2005 @09:02PM (#12172139)
          well not really the regions on DVDs are so some poorer regions can get cheaper DVDs and not cut into the profits of places where a higher price is ok

          Why is Europe and Japan in a different region from the US? And Australia in a different region from either of them? Furthermore, Australia is in the same region as South America and Mexico, which is quite a disparity in wealth. If it'd been to offer better prices to poorer regions, the US, Japan, Western Europe and Australia would all be in the same region.
      • by MankyD ( 567984 ) on Thursday April 07, 2005 @05:50PM (#12170692) Homepage
        Just because they're capable doesn't mean they should do it. That's up the manufacturer. While I would love interoperability, this isn't up to the government to decide.
        • by Total_Wimp ( 564548 ) on Thursday April 07, 2005 @06:19PM (#12170950)
          Not necessarily true. The government decides all kinds of interoperability standards for infrastructure. TV, radio, transportation and finance all have strict interoperability requirements in order to serve the greater public good.

          The only thing I don't like about this is that they're picking on the little guy before requiring interoperability from the big boys. Why the hell doesn't the Monopoly we call Microsoft have to meet interoperability standards for their business critical Office software? By comparison, digital music is small potatoes.

          TW
          • by Doctor_Jest ( 688315 ) * on Thursday April 07, 2005 @08:23PM (#12171925)
            Exactly.... Why the hell is it such a big deal that Apple provide interoperability, when Microsoft snubs its nose at every company who wants to know about their FILE formats.

            This sort of double-standard is quite repugnant.

            We can't get Congress to do JACK SQUAT to punish the GUILTY AS SIN Microsoft Monopoly, but we can spend our time worrying that Apple's iTunes store won't allow other players in on the bonanza? So much for free-market government. It's only a "free" market if they're paying the politicians it seems.

            Even the Napster CEO has it right, and his company would stand to benefit from this... LET THE MARKET decide...

            Bah. Politicians just moved above child molesters on my list of people to kill first when I become supreme overlord of this planet. :)

        • Comment removed (Score:5, Insightful)

          by account_deleted ( 4530225 ) on Thursday April 07, 2005 @07:03PM (#12171326)
          Comment removed based on user account deletion
      • What this is really quite similar to is region encoding on DVDs. 100% bullshit artificial restriction.

        But I'll bet there's no Congressional inquiry into that one, no sir.

      • Actually, I liked the GP analagy...

        If I buy GTA3 for one console, why should I have to buy it for any other console or pc I want to play it on?

        It is the same argument of VHS vs DVD. If I own a VHS copy of a movie, it really bugs me that the movie industries want me to pay them again for THE SAME MOVIE!
      • by wankledot ( 712148 ) on Thursday April 07, 2005 @06:21PM (#12170966)
        I take issue with the idea of any limitation being "artificial" vs. "natural" when it comes to digital media. If a company designs a solution to be restrictive... then it's restrictive. It doesn't matter if it's because of a huge architecture difference, or some kind of subtle DRM.

        If the only difference between the PS2 and XBox format was a single bit on the DVD, do you think Either company should be forced by congress to change their bit so it can plan on someone else's machine?

        All limitations are artificial, unless there is some kind of naturally occurring audio format that grows on trees. (heh... tree... Apple... heh.)

        • No, there are some things that are for damn sure artificial limitations. My definition of an artificial limitation is when the designer goes the extra mile to insure incompatibility. In other words, if it takes more effort to make your product incompatible then to make it compatible, it is an artificial limitation. Something like designing a DRM system to tack on top of otherwise standard mp3's so that other people can't use them, or region coding where only certain DVD players can play certain DVD's, those
      • by Lars T. ( 470328 )
        This interoperability issue is of concern to me since consumers who bought legal copies of music from Real could not play them on an iMac.

        Scew you, Lamer Smith. Get Real to open up their store first before you open your potty mouth again.

        And that goes for you too.

    • by sgant ( 178166 ) on Thursday April 07, 2005 @05:49PM (#12170680) Homepage Journal
      Yeah...um...where's my fucking healthcare and retirement programs? How about have a subcommittee on wrangling these gas prices in?

      No no...steroids in baseball and making sure your MP3 player can play songs from iTunes...yep, that's MUCH more important. Oh, also there's this other idiot...oops, congressman, that wants people who violate on-air decency laws thrown in jail. Yes, actual jail time for saying "fuck" on TV or radio.

      (starts looking through his brochures on moving to New Zealand)
      • by MerlynEmrys67 ( 583469 ) on Thursday April 07, 2005 @06:32PM (#12171041)
        Please god...

        Keep the government out of my healthcare and retirement...

        Yeah - gas prices are way to low... Lets make sure and tax gas consumption more, maybe getting gas up to European levels (oh about 6 bucks a gallon)... Makes me glad I have a Prius instead of one of those gas guzzling H2s - and frankly living 3 miles from work doesn't hurt either... He He He

        • by IANAAC ( 692242 )
          Makes me glad I have a Prius instead of one of those gas guzzling H2s - and frankly living 3 miles from work doesn't hurt either...

          I think that's exactly the point. Raising prices might actually get some of us thinking about alternatives.

    • by macdaddy357 ( 582412 ) <macdaddy357@hotmail.com> on Thursday April 07, 2005 @05:50PM (#12170691)
      While I can't abide Real, everything they produce is full of spyware, I also detest any form of DRM. It disrespects customers' personal property rights after a sale.

      I advocate not buying [dontbuycds.org] from companies that use DRM, and have hoped to see some kind of legal action taken against them, but I don't trust Congress in this case. They are essentially the same Congress that passed the DMCA and the Sonny Bono CTEA, two horribly pro-corporate and anti-consumer laws.

      This will probably degenerate into who can offer fatter bribes: Apple or Real and Napster.

  • So, uh (Score:5, Funny)

    by Anonymous Coward on Thursday April 07, 2005 @05:35PM (#12170531)
    is Congress cool now?
    • by cryptochrome ( 303529 ) on Thursday April 07, 2005 @07:46PM (#12171655) Journal
      Napster wants to force Apple to open its DRM, so it can offer "competition" in the marketplace for music. In theory, music prices will go down.

      However, try thinking a bit further, and know that they will squeeze every cent they can out of you. Can you guess what will happen if they get this?

      Distributors like Napster will start negotiating EXCLUSIVE agreements with labels. DUH! Except the Labels will probably open their own distribution operations.

      They will charge whatever the hell they want, they will force you to buy the album and not just the song, they will force whatever format or licensing terms they want on you regardless of whether it's compatible with your system. If they can swing it, they will actually exclude the independent artists. Microsoft will get in on this by leveraging windows-specific WMA. So guess what? You'll be screwed far more thoroughly you are now. Especially if you use a Mac. JUST LIKE IT WAS BEFORE.

      The iPod was the carrot and iTMS the stick that forced the music industry to be a part of an eminently reasonable and consistent online sales system. The market Apple built with great effort. Napster and Real are just parasites looking for a piece of the action that Real squandered and Napster used to steal.
  • by Goo.cc ( 687626 ) * on Thursday April 07, 2005 @05:36PM (#12170539)
    What I want to know is, how did this come up in the subcommittee in the first place? If you ask me, somebody's hand is being greased.
  • by Eric Smith ( 4379 ) * on Thursday April 07, 2005 @05:36PM (#12170540) Homepage Journal
    Considering that previous standards (Firewire/USB, Betamax/VHS) have been decided by the market,
    They were decided by the market, but there were multiple competitors making each of those choices, because the standards were available for licensing to anyone at relatively reasonable prices. To a first approximation, the Apple iTunes DRM "standard" is available for licensing to noone. Certainly it's not available to just any company that wants to publish music in the Apple format, nor to just any company that wants to build compatible players.

    If the Apple iTunes DRM scheme was available for licensing on a nondiscriminatory basic, Congress probably wouldn't even consider getting involved.

    could it be that Apple isn't big enough to keep the government out of its industry
    It's not the size of Apple that's invited this attention from Congress, it's their behavior. When Sony and Philips invented the Compact Disc, if they had been unwilling to license the patents to anyone else for manufacture of either discs or players, they would have attracted attention in the same manner. They were smart enough not to do that.
    • by BorgCopyeditor ( 590345 ) on Thursday April 07, 2005 @05:42PM (#12170617)
      How is Apple's own DRM method (i.e., the thing that allows iTunes Music Store to exist) like the patent for CDs? Not at all, that's how. It's not a standard. No one is required to use it.

      Perhaps next you'll tell us why it is only right for the Congress to force Google to allow ads to appear on their site the revenue for which goes to competing search engines. After all, they're as much a "standard" by your definition as iTunes DRM.

    • by agm ( 467017 ) * on Thursday April 07, 2005 @05:45PM (#12170641)
      Does this not parallel the behaviour of Microsoft? When will the government step in in a similar fashion and force Microsoft to open up SMB, .doc, .xls protocols/formats etc. If interoperability is the governments desire, then surely forcing MS's hand makes sense?
    • by Macadamizer ( 194404 ) on Thursday April 07, 2005 @05:53PM (#12170715)
      Considering that previous standards (Firewire/USB, Betamax/VHS) have been decided by the market,
      They were decided by the market, but there were multiple competitors making each of those choices, because the standards were available for licensing to anyone at relatively reasonable prices.


      Well, at least in the VHS/Betamax case, only the VHS standard had reasonable licensing -- eith Betamax, Sony decided to follow the IBM PS2/Apple model of tightly controlling both the standard and anything made using the standard, the result being the even though Betamax was technically superior, it priced itself out of the market.

      If the Apple iTunes DRM scheme was available for licensing on a nondiscriminatory basic, Congress probably wouldn't even consider getting involved.

      Why should this matter? The U.S. does not have compulsory licensing laws except in a very limited number of cases.

      It's not the size of Apple that's invited this attention from Congress, it's their behavior. When Sony and Philips invented the Compact Disc, if they had been unwilling to license the patents to anyone else for manufacture of either discs or players, they would have attracted attention in the same manner.

      No, if Philips and Sony had not licensed the CD standard, it would have died out (see Betamax, PS2, etc.) and something else would have come along to replace it. The government didn't step in to save Betamax, they didn't step in to try and save Firewire (although admittedly Firewire is not dead, of course), they didn't step in to save DAT -- if CD's had been made too expensive due to licensing, they wouldn't have survived in the marketplace, and maybe we would all be using DAT now -- or maybe somebody would have come up with something even better.
      • they didn't step in to save DAT

        Actually, the government stepped in to destroy DAT. DAT recorders are mandated to make poor copies, whereas audio CDs can be copied perfectly indefinately.
    • I think it is highly arguable if the market makes the right decision. Consider the examples given FireWire/USB and BetaMax/VHS which are dominated by VHS and USB in numbers.

      Were those the best decisions? Arguably Beta was a techincally better standard than VHS. But it was proprietary as well. One way to look at this is to say we got the worse technology because Sony gambled and lost. But another way to look at this is to say the market was cheap-ass and bought the cheaper crappier technology and set

    • by sg3000 ( 87992 ) * <sg_public@ma c . c om> on Thursday April 07, 2005 @06:32PM (#12171037)
      > It's not the size of Apple that's invited this attention from
      > Congress, it's their behavior

      Of course, some Republicans were aghast at the Department of Justice looking into Microsoft illegally abusing its monopoly. So much so, that all it required was for Microsoft to hire Bush advisor and Christian Coalition leader Ralph Reed as a lobbyist, and to send a few million dollars Bush's way, and the DOJ dropped the case. Done. That obvious case was where Microsoft lied throughout the trial, had more smoking guns an Indiana Jones movie, and showed nothing but contempt for the judge and the rulings. No muss no fuss.

      But now, Congress thinks it's important to go after Apple, who is just starting off in the market. They don't have a monopoly, and their success is far from assured. They are nowhere near the place in digital music that Microsoft is in for operatings systems and Microsoft Office.

      If you don't like Apple's business model. Fine. Don't buy their stuff. But until Apple has been sued and found to (1) have a legal monopoly in terms of digital music, and (2) found to be illegally abusing their monopoly (like you if your iPod stops working if it finds you're not using their word processor Pages), Congress should stay away from nationalizing iTunes or iPods.

      Or, if they can't keep themselves away, they should at least stop calling whatever we have in the U.S. a democracy and capitalism.
  • Congress?! (Score:5, Funny)

    by sulli ( 195030 ) * on Thursday April 07, 2005 @05:36PM (#12170553) Journal
    Don't they have, like, a War on Terror to support or something?
  • A bad idea (Score:5, Interesting)

    by waynegoode ( 758645 ) * on Thursday April 07, 2005 @05:37PM (#12170556) Homepage
    Rick Berman, Dem, CA, is one of the guys behind this. Follow the money. [opensecrets.org] He was the guy behind the proposed legislation [siliconvalley.com] to allow hacking people's computers if they were suspected of P2P file sharing. John Paczkowski of Good Morning Silicon Valley referred [siliconvalley.com] to him as a "Congressman and Hollywood sock puppet". Is this the guy you want deciding how you will get your music?
    • by istewart ( 463887 ) on Thursday April 07, 2005 @06:11PM (#12170888)
      He's behind Enterprise, too! That son of a bitch!
  • by karmatic ( 776420 ) on Thursday April 07, 2005 @05:37PM (#12170568)
    I hate DRM. I hate it with a passion. However, if the answer is "more government interference", you are asking the wrong question. The market should be making these decisions.

    Personally, I would like to see the DMCA go away; however, any restrictive form of DRM you can think of is fair game. Don't take away your right to make it, and don't take away my right to break it.
  • "Could it be that Apple isn't big enough to keep the government out of its industry?"

    No it's because Apple is too big to keep the government out of it's industry.

  • is it me? (Score:2, Funny)

    by Ishkibble ( 581826 )
    or does

    "Napster's CEO..." just sound farked up
  • by amichalo ( 132545 ) on Thursday April 07, 2005 @05:43PM (#12170627)
    This is a no-brainer

    The digital music market is just emerging - why legislate a standard? Who knows what the market will look like ten years from now (arguably twice as long as the market as even existed)?

    In addition, this is a global market issue. How would their legislation be inforced globally?

    I live in the Fort Worth/Dallas Metroplex where congress, through the Wright Amendment [wikipedia.org], put restrictions on South West Airlines so it cannot fly directly to DFW International unless the flight originates from within Texas or a bordering state. This type of legislation is (IMHO) rediculous and flies in the face of economic forces.

    To return to topic, the CEO of Napster has this one right, there is no need to legislate a standard, open or otherwise. The market will determine it.

    Fast forward X years when a monopoly exists (today there are at lease two clear choices for DRM, Fairplay and WMA, neither of which is a monopoly). In the even of an abusive monopoly, then, and only then, should the government be involved under the flag of protecting the rights of Her citizens.
  • Congress (Score:4, Funny)

    by tylers ( 666248 ) on Thursday April 07, 2005 @05:43PM (#12170628) Homepage
    Is this really something Congress should be regulating? Is it really worth their time?

    If so, then I guess that means they've already balanced the budget, solved Social Security, and cleaned up the DMCA! Wow!

    Oh, wait...

    Sigh.
  • by Jagasian ( 129329 ) on Thursday April 07, 2005 @05:44PM (#12170635)
    Betamax/VHS, USB/Firewire are bad analogies because they are open standards that can be hacked to heaven and back without legal ramifications. Hacking Apple's DRM on the other hand, for sake of interoperability, has ramifications due to the DMCA.

    Even if the DMCA technically allows exceptions for circumventing copy-protection for the sake of interoperability, a developer can still bet that they will end up in court if they tried because the DMCA places an extra burden on developers that does not exist with regards to hacking Betamax, VHS, USB, or Firewire. With hacking Apple's DRM, the developer must prove (most likely in court) that the application is only for interoperability, yet does not defeat copy protection... while hacking, say USB to interop with firewire, requires no such proof.

    DeCSS is case in point. It is required to play DVDs with an open source player, yet it can be used for movie piracy.
  • by Anonymous Coward on Thursday April 07, 2005 @05:45PM (#12170651)
    ...because you only have to crack it once!
  • Short-Sighted (Score:4, Insightful)

    by Nutsquasher ( 543657 ) on Thursday April 07, 2005 @05:47PM (#12170658)

    If the music/music-player industry wishes to create interoperability, it should be done by the free markets, not by Congress. Betamax was a closed standard, so companies unified and created VHS, essentially killing off Sony's market dominance in the home market (betamax remained very successful for years in the movie/tv/commercial production world for quite some time).

    Forcing Apple to open up its trade secrets/patents essentially gives the message to companies that if you create a highly successful product that lots of people like, we're going to do as we please with it. This will deter entrepreneurs/investors from creating/funding new technologies, and will essentially shoot our country in the foot.

    Another reason why government should stay out of the free markets. Micro-management never works, especially if it's not even the business your in.

  • by flacco ( 324089 ) on Thursday April 07, 2005 @05:50PM (#12170696)
    microsoft continues to ass-fuck the computing community without lube, and congress is looking at iTunes? at *ITUNES*?!! WHAT THE FUCK?
  • by rsborg ( 111459 ) on Thursday April 07, 2005 @05:53PM (#12170719) Homepage
    from the article:
    Napster, the main challenger to Apple in the online music market, last year
    cracked Apple's DRM [silicon.com] to make songs from its web song shop compatible with the iPod. While Napster's Pence did advocate a more open approach from Apple, he said mandating one through government was not necessary.
    Shit, I had no idea Napster hacked Apple's DRM!!! (Notice that the paragraph of the article says Napster, but the link talks about the well-known Realmedia Harmony-hack and subsequent recovery by Apple).

    Clearly: Jo "don't know" Best.

  • by mattgreen ( 701203 ) on Thursday April 07, 2005 @05:54PM (#12170734)
    Wow, talk about an about-face of thought.

    Just because Apple is behind this proprietary DRM scheme doesn't in any way make it acceptable DRM. It is just DRM that sucks less. It still locks you in to a certain platform and forces you to perform contortions in order to unlock the file. If this article was about Microsoft, I'm quite certain everyone would be screaming their heads off about how this should have been done six months ago because anything they ever do is automatically evil. Napster isn't being altruistic by any means, they're just trying to loosen Apple's choke hold on online music. But I can't see how you'd oppose this, because it lets consumers shop around instead of being wedded to one service. Competition will become stiffer, and the online services will be able to compete on a level playing field.

    I'm sure someone will tell me that the market should decide. Fair enough, but funny how that reasoning is contingent upon the company being discussed.
    • by kollivier ( 449524 ) on Thursday April 07, 2005 @06:52PM (#12171220)
      I'm sure someone will tell me that the market should decide. Fair enough, but funny how that reasoning is contingent upon the company being discussed.

      Regardless of market share, Apple does not behave like Microsoft at all. While Apple has popular market share for iPod, it is not using that market share to *exclude* competitors. For example, it doesn't attempt to force vendors who want to sell iPods to exclude other players from the market, or threaten retribution to those companies who sell competing products. It also doesn't say that if you sell iPods you must also put Macs on your shelves, etc.

      Microsoft, on the other hand, has done pretty much all of these things at one point or another in their history. Consider their OEM agreements with vendors forbidding them to sell computers with other OSes. Consider their attempt to drive Netscape out of business by giving away IE and "integrating it with the OS" (and letting the product stagnate as soon as the competition disappeared). These acts show a company trying to take choice and competition OUT of the market, not providing a BETTER choice. And that's the difference.

    • Napster isn't being altruistic by any means, they're just trying to loosen Apple's choke hold on online music.

      Apple has no choke hold. It was not the first and it is not the only online music store. By popular vote it is the best. iPod is not the first and is not the only digital music player. By popular vote it is the best.

      Apple did not finagle their way into what they have right now, they earned it fair and square by making a great product and doing what people wanted. They have no secret deals t

  • by Aphrika ( 756248 ) on Thursday April 07, 2005 @05:55PM (#12170740)
    Can you imagine if HMV, Virgin or <insert record store here> suddenly switched to only selling a proprietary compact disc format which only played on their player and had built-in restrictions?

    Sounds a bit like the failed DiVX DVD wannabe we all hated doesn't it?

    Oh, except the player was really good though, so everybody wanted one.

    Well maybe we should look past the white plastic and aluminium exterior, because that's where Apple are now. It may be an end-to-end solution and it may work well, and we may all love them because they're not Microsoft, but they're a business, and they're in danger of becoming the M$ of digital music players. And seeing as how chummy they've got with the music companies (not the artists the companies) and the stunts they've pulled with sharing playlists etc, I'm not sure I like the idea of a Apple (read: recording company) dominated digital music scene.
  • by White Roses ( 211207 ) on Thursday April 07, 2005 @05:57PM (#12170753)
    Doesn't this, then, call in to question the issue of DRM'd CDs? If I buy a CD, I expect it to play in my CD player. Some DRM'd CDs won't. So, really, I could buy a CD which wouldn't play in my CD player. That should be of much greater concern to Congress, since that's just blatantly confusing to the consumer. Same with region en-crippling DVDs. Hey Lamar! I bought Red Dwarf season 6 on DVD in England and it won't play here. Wotcha doing for me now? That's right, nothing, because this is all just grandstanding and time wasting.

    If Congress moves to open FairPlay, won't that force the hand of the RIAA, who, in the end, is who all this DRM is for anyway? And, if Congress does this, they'd better open up all the other DRM schemes as well.

    It's nice that Real is defending the market place approach. I suppose they see that if the government steps in here, and takes action against number one, how far behind can action against number two be?

    Apple licenses to whomever they want. Motorola comes to mind, with the iTunes phone. I'm willing to let the market decide this one. If Congress and the Supreme court can find that Apple is abusing some kind of monopoly power, then fine. Of course, look at all the good that did with Microsoft. But Congress is really overstepping bounds on this one.

    There's a whole list of issues in the music industry I'd like Congress to address. Price fixing on the part of the record companies comes to mind.

  • Mix, Burn, Rip (Score:4, Insightful)

    by argent ( 18001 ) <peter&slashdot,2006,taronga,com> on Thursday April 07, 2005 @05:58PM (#12170768) Homepage Journal
    Christ, Apple told the whole world how to break iTunes DRM in their old advertising campaign. You just need to shift it by one word...

    Yeh, yeh, you may lose some quality, but you already lost some buying it from iTMS or Napster instead of ripping the CD on your own, and you're playing it in your iPod or Rio while you're driving or walking or ... whatever you're doing, you're not in an environment where you're going to notice the loss from ONE burn/rip cycle. Sheesh...

    This whole thing is SUCH a goddamn non-issue.
  • Why stop at Itunes?? (Score:3, Interesting)

    by Stephen Samuel ( 106962 ) <samuel AT bcgreen DOT com> on Thursday April 07, 2005 @05:59PM (#12170778) Homepage Journal
    How about DVD-CSS? or Microsoft's patents on using XML the way that it was designed to be used? or the details on Microsoft's horridly convoluted NTFS? or ......
  • by YouHaveSnail ( 202852 ) on Thursday April 07, 2005 @06:02PM (#12170816)
    For every proprietary format that Apple has, Microsoft has ten. If Apple is forced to open up it's DRM, why then shouldn't Microsoft have to open up the file formats for Word, Excel, PowerPoint, etc.? And let's not forget the Windows Media file formats.

    If Congress wants to talk about outlawing all proprietary formats, then fine, let's have that debate. If it wants to pick on one particular company that's simply selling copies of music in a format that works on the systems it sells, it should think again because it's standing on a very slippery slope.
    • "And let's not forget the Windows Media file formats."

      You can license the Windows Media file standard. You can not license fairplay. That's the difference. It would be nice if MS licensed .doc, .xls, etc.
  • by Anonymous Writer ( 746272 ) on Thursday April 07, 2005 @06:03PM (#12170819)

    If a case is put forward in which an Apple file format has to be opened up for other companies, then it would be a precedent for Microsoft file formats like Microsoft Office files to be opened up for other companies. It could mean that commercially distributed software has to work on different platforms which could probably be done by the use of fat binaries or Java. Also, if Apple's DRM codec and encryption has to be opened up, then wouldn't that be an argument to open up the Windows source code to competitors?

    Whatever legal manoeuvres are used to allow Apple's competitors to get into their digital music market share can also allow Apple to get into Microsoft's OS platform market share. Could that be why Apple didn't bother attending the hearing and are just sitting it out?

  • by Experiment 626 ( 698257 ) on Thursday April 07, 2005 @06:05PM (#12170841)

    The main reason for the interoperability problems in the first place is Congress's own legislation, the DMCA. Without that, there would be many more projects like Hymn that open up DRM'ed formats and promote interoperability. Now Congress is trying to cure one of the symptoms of its previous ill-conceived legislation with... more legislation.

  • Priorities? (Score:4, Funny)

    by yardbird ( 165009 ) * on Thursday April 07, 2005 @06:19PM (#12170951) Homepage
    I hope this isn't interfering with more pressing issues, like the hearing on Major League Baseball!
  • Congress (Score:5, Funny)

    by nurb432 ( 527695 ) on Thursday April 07, 2005 @06:25PM (#12170993) Homepage Journal
    Needs to mind its own business.

    Next they will try to mandate daylight savings time...
  • by mpaque ( 655244 ) on Thursday April 07, 2005 @07:08PM (#12171374)
    Mmmmmm....icrosoft, perhaps? They have been generous with the campaign contributions...

    Microsoft's license package for the WMA formats and CODECs is interesting. A company signing with them would:

    1) Pay MSFT royalties, of course
    2) Agree to share information on all new products being developed that include the CODECs.
    3) Agree not to sue, prosecute, assist or participate in any judicial, administrative or other proceedings of any kind against Microsoft. This effectively grants Microsoft immunity should any of the licensee's IP appear in a future Microsoft product.

    This hasn't been too much of an issue with companies planning to just build WMA/MP3 players. Item 3 is not an issue in Japan, since the Japanese Fair Trade Commission demanded this clause be stricken retroactively. (Sony got what they wanted...)

    Can you see Apple wanting to turn over prototype hardware and plans for the next release of Mac OS X to Microsoft? How about agreeing to not sue Microsoft should Mr. Softie nick some technology from Apple?

    Didn't think so.

    Now, imagine the government legislating that Apple must license the WMA CODECs and format from Microsoft to remain in the music business. Welcome to the Land of the Free, comrades...
  • by morganew ( 194299 ) * on Thursday April 07, 2005 @10:59PM (#12172787)
    While the Chairman singled out Apple's failure to appear at the hearing as a bad thing, it was mostly an admonishment for not doing what he asked.

    He wasn't anti-Apple.

    Additionally, every Member of Congress who attended was VERY clear in supporting market forces, NOT government mandates to 'solve' the interoperability issue.

    Subcommitee Ranking Member Berman (D-CA) pointed out that even the Consumer Federation witness, Dr. Cooper, did not support government intervention. Dr. Cooper noted that he thought mark forces should be allowed to work at the "widget" layer, as opposed to the 'core'.

    The only disconcerting thing that was said was that Chairman Smith used a narrow marketshare definition to describe Apple's status. By saying Apple's marketshare was 80% of the digital download market, he failed to include the fact that Apple's share, as a percentage of ALL music sales is tiny.

    Monopoly and market share are places where defining the scope of the market is key.
  • Guess Why. (Score:3, Insightful)

    by piecewise ( 169377 ) on Friday April 08, 2005 @01:00AM (#12173456) Journal
    The only reason this is happening is because big campaign donors like Sony and Microsoft are whining to their buddies in Congress that their crappy products aren't as popular as iPod - and this is a great way to unfairly hurt Apple's dominance. Welcome to the world of money politics. It's not the first time. And refer to opensecrets.org if you'd like proof that Sony and Microsoft spend a TON of money on political campaigns and PACs (Apple doesn't).

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