Universal Music Prepares for Copy-Protection Complaints 695
tregoweth writes: "Universal Music Group is preparing for the onslaught of complaints about their copy-protected CDs. They've launched a customer support site,
which includes a FAQ ("Can I get a copy of this CD without the copy protection?"), tech support ("Why can't I copy the disc to my hard drive?", which they don't actually answer), a description of the reasons that you can get a refund (including some playback "issues" I hadn't heard about), and the fearsome legalese covering the audio player and compressed audio files included on the CD." Our previous story has more information.
Flood 'em with e-mails (Score:1, Informative)
Snail mail letters, when intelligently written are much more powerful than e-mail, so get writing.
Simple response (Score:5, Informative)
The artists (and more importantly, their agents) need to understand that the labels are hurting them financially (not that this is news to them, that's how the biz works anyway) in new and interesting ways.
It's entirely possible to do your own thing in music and make a solid living at it. Sure, you may not be the next Britney Spheres, but why would you want to? Look at Frank Zappa, Ani DiFranco, and Prince. They are (or were in FZs case) doing it for themselves. Zappa was doing it for himself since the early 70's!
They aren't all that bad!!!! (Score:5, Informative)
From: http://www.musichelponline.com/legal/
The Content has been encoded using software that incorporates the LAME encoder; more information about the encoder is available at http:// www.mp3dev.org.
http://www.mp3dev.org/mp3/
now LAME is the source code for a fully GPL'd MP3 encoder, with speed and quality to rival all commercial competitors.
Brian Ellenberger
The site is slashdotted ... (Score:5, Informative)
The FAQ: [musichelponline.com]
Why have you copy-protected the CD?
UMG is incorporating copy protection into their CDs to assess its viability in protecting the rights of our artists and copyright holders by preventing CD copying and illegal Internet distribution.
Are you going to copy-protect all CDs from now on?
UMG is committed to protecting the rights of its artists and copyright holders. UMG will be testing various technologies on specifically identified releases throughout 2002.
Can I get a copy of this CD without the copy protection?
No, all copies of this CD are copy-protected.
Can I play this disc in my PC?
The CD will play in PCs that meet the following minimum system requirements: PC with at least Pentium® 133mHz or compatible processor, 32 MB RAM, CD-ROM drive, soundcard and speakers, Microsoft ®Windows95®, Windows98®, Windows2000®, Windows ME®, Windows XP® or Windows NT 4 ® with Service Pack 4.
The CD should automatically start playing in most PCs. If it does not start playing in yours, open the CD-ROM drive's window and click on the music player application. Once in the player you can "Play" or open the "Playlist", choose a track and click on it.
For information about returns, please see our return policy.
Where can I send suggestions/comments?
You may email comments to: umg@umusic.com
or mail them to:
Universal Music Group
Attn: Copy Protection Customer Care
2220 Colorado Avenue, 2nd Floor
Santa Monica, CA 90404
The Tech Support Site: [musichelponline.com]
The CD is not playing in an audio CD player (DVD player, car stereo, portable CD player, game console).
This CD may not be playable in a limited number of CD players. UMG is currently working with our technology providers to achieve 100% playability.
If you experience this problem, you can help us by emailing the model of the player and a description of the problem to umg@umusic.com
For information about returns, please see our return policy.
The audio has one or more of the following problems:
Clicks, pops, noises, skipping, etc.
Songs did not start and stop when the skip button was pushed.
The fast forward and rewind functions did not work.
You were unable to play all of the songs.
There were long delays between songs or after a button was pressed for a particular function.
UMG is currently making every effort possible to eliminate any audio interference or technical difficulties created by the implementation of copy protection technologies.
If you experience this problem, you can help us by emailing the model of the player and a description of the problem to umg@umusic.com.
Assuming the problem is not repeated with non-protected CDs, you may return the disc. Please see our return policy for more information.
Can I listen to the songs from this CD on my MP3 player?
As with all computer software there may be incompatibilities with some computer systems. The CD is designed to play on PCs. The current version of the copy-protection technology does not allow you to copy files from the CD into MP3 format. UMG is currently making every effort possible to upgrade our available technology to add new features and increase playability.
Why can't I play this disc on my Macintosh-based computer?
This CD will play in PCs running Microsoft® Windows95®, Windows98®, Windows2000®, Windows ME®, Windows XP® or Windows NT 4 ® with Service Pack 4. We hope to include Macintosh-based playability on copy-protected discs in the future.
For information about returns, please see our return policy.
Why can't I copy the disc to my hard drive?
We recognize that many consumers enjoy storing music on their PCs and we are currently working on new systems to allow for this capability. To listen to the CD on your PC, use the media player included in the CD.
The Return Policy [musichelponline.com]:
UMG has authorized all retailers to accept returns. If you have experienced any of the following problems, you may return the CD (even if the package is opened) accompanied by the receipt, to the retailer that the CD was originally purchased from for a full refund:
The CD is not playing in your CD or DVD player.
The CD is not playing in your computer.
The audio has audible problems.
The songs did not start and stop when the skip button was pushed.
The fast forward and rewind functions did not work.
You are not able to play all of the songs on the CD.
There are long delays between the songs or after you press a button for a particular function (fast forward, rewind, etc.).
UMG is making every effort to eliminate these problems as soon as possible.
The Fearsome Legalese [musichelponline.com]:
TERMS AND CONDITIONS
PLEASE BE AWARE THAT THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE MUSIC PLAYER APPLICATION AND AUDIO CONTENT YOU ARE USING. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE PLAYER OR CONTENT. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY RETURN THE COMPACT DISC ON WHICH YOU RECEIVED THE PLAYER AND CONTENT FOR A REFUND.
INSTRUCTIONS FOR RECEIVING A REFUND UNDER OUR RETURNS POLICY ARE ENCLOSED IN THE JEWEL CASE ACCOMPANYING THE COMPACT DISC AND ARE AVAILABLE ONLINE AT: Return Policy.
DESCRIPTION OF PLAYER AND CONTENT
The compact disc you are using contains copy protection technology. When you use the compact disc in a conventional CD player, it operates like any other CD. When you use the compact disc in a CD ROM drive, the technology launches an audio player (the "Player"), and plays compressed audio files (the "Content").
USE OF THE PLAYER AND CONTENT
No Additional Charge. There is no additional charge to you for the Player or Content.
Privacy. No personal information about you is collected by or through the Player or Content.
Responsibilities. You are responsible for all use of the Player and the Content on the CD you have purchased. You may only use the Player and Content pursuant to these terms and conditions.
Player and Content. The Player and Content comprise intellectual property owned by us and our licensors, and they are protected under international law, including patent, copyright and trade secret laws. Your use of the Player and Content is governed by the terms and conditions set forth herein. All title and ownership rights in the Player and Content remains with us and our licensors, as applicable.
License. We hereby grant to you a limited, non-exclusive, non-transferable, revocable license to use the Player and Content on your personal computer solely for your own personal, non-commercial use. You understand and agree that you may not reproduce, modify, display, distribute or otherwise use the Player or Content except as expressly provided herein, and you may not attempt to separate the Player or Content from the CD on which you received them. You may not authorize, encourage or allow the Player or any Content to be reproduced, modified, displayed, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or use of them. Nothing herein is intended to prevent you from transferring the CD you purchased to another person who will be bound by these terms and conditions. Except as expressly provided herein, no other licenses or rights (including rights to maintenance or updates) are granted, expressly, or by implication or estoppel.
No Reverse Engineering. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Player, the operation of it, or Content.
MAINTENANCE AND UPDATES
We do not provide maintenance or updates for the Player or Content.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Player and/or Content are our property or that of our affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Player and Content (and portions of them) are protected under patent law and are the subject of issued patents and pending patent applications. The Player and Content (and portions of them) are also protected under copyright law and trade secret law. The Player and Content may also contain third party technology. The following describes such third party technology and your rights and licenses therein. The Player uses the Blowfish block cipher, ã 1995 A.M. Kuchling; you may use it solely in connection with your use of the Player and Content as permitted herein, unless you receive further authorization directly from the author of it. The Player includes technology of EverAd Inc., Midbar Tech Ltd., and QDesign Corp.; you may use it solely in connection with your use of the Player and Content as permitted herein, unless you receive further authorization directly from the owners of it. The Content has been encoded using software that incorporates the LAME encoder; more information about the encoder is available at http:// www.mp3dev.org.
U.S. GOVERNMENT RIGHTS
The Player is "commercial computer software" or "commercial computer software documentation." The United States government's rights with respect to the Player are limited by the terms of this agreement pursuant to FAR 12.212(a) and/or DFARS 227.7202-1(a), as applicable.
INTERNATIONAL CONSIDERATIONS
The Content files are encrypted and the Player contains decryption technology. You agree to abide by U.S. and other applicable export control laws and not to transfer any material subject to restrictions under such laws to a national destination or person prohibited under such laws.
REMEDIES
You understand and agree that any unauthorized use of the Player or Content would result in irreparable injury to us and/or our affiliates or licensors for which money damages would be inadequate, and in such event we and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this document shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
INDEMNITY
You agree to indemnify and hold harmless us and our agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) (collectively "Claims") arising from or concerning your use of the Player or Content and to reimburse them on demand for any losses, costs or expenses they incur as a result of any Claims.
TERM AND TERMINATION
The term of this agreement shall be for so long as we and/or our licensors own any intellectual property rights in the Player or Content. You may terminate this agreement at any time by returning to us the CD you purchased.
DISCLAIMERS
You understand and agree that your use of the Player and Content is at your own sole risk. THE PLAYER AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY US OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE AND OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THERE IS NO WARRANTY THAT THE PLAYER OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. WE, OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLAYER OR CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD US OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE PLAYER OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY INFECTIONS OR CONTAMINATIONS OF YOUR COMPUTER OR DAMAGE TO ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS THE SAME THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO US, OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE PLAYER OR CONTENT.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PLAYER OR CONTENT, EVEN IF WE AND/OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, WE AND/OR OUR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS, AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.
LAW AND LEGAL NOTICES
This agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Player and Content. You understand and agree that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any actions arising out of or in any manner affecting the interpretation of this agreement as they pertain to the Player or Content, whether under this agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and the State of California, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the extent permitted by law, the provisions of this agreement shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Player in any competent jurisdiction. You expressly agree that the courts in the State of California, Los Angeles County, have exclusive jurisdiction over any claim or dispute with us or relating in any way to the Player or Content. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts of Los Angeles County in connection with any such dispute including any claim involving us or our partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
NO! Better response (Score:5, Informative)
Buy the CDs, open them, and then RETURN THEM! THEN write your letters stating that you can't buy their music because you can't listen to it on your non-Windows computer. What matters to VivendiUniversal is money. Every time this happens, it costs them money. It also costs the retailer time. Time is money. If this happens enough, they will be more inclined to have harsh words with the distributor. Go to every Best Buy you know, buy a copy-protected CD (Fast & Furious Soundtrack is a great start), open them up, print out the return policy linked in the original article, and then go return them! You can make a difference. Help stop this before it becomes commonplace: buy a CD, open it and return it.
Re:In other words... (Score:2, Informative)
Thank you for your feedback regarding copy protected CDs. We
appreciate your opinion, as the consumer experience with the music we all
love has always been a priority at the Universal Music Group.
Unfortunately, over the last few years, the music industry has been faced
with a growing problem of unauthorized CD "ripping" leading to illegal
Internet distribution of music - a practice that is hurting everyone from
recording artists to songwriters to record stores. This illegal copying is
taking place on a massive scale, with literally millions of copies being
made without any compensation to the creators of the music. If a way is
not found to protect the music from these abuses, recording artists,
songwriters and many others will be deprived of their livelihoods. The
changing economics could cause fewer new artists to get a chance to find
their audience.
Universal Music Group is committed to protecting the rights of our artists,
songwriters, and copyright holders, and, like the rest of the entertainment
industry, is evaluating emerging technologies to assess their viability while
also attempting to maximize the consumer experience. In addition,
Universal is exploring new ways to make music available in a variety of
online formats. We are also working with technology companies on new
offline formats that appeal to consumers.
We have licensed copy protection technologies developed by others and
are experimenting with the integration of those technologies into some of
our CDs as a first step in measuring their effectiveness in an evolving
marketplace. While the CDs with copy protection may not be playable in a
limited number of CD players, UMG is currently working with our
technology providers to achieve 100% playability. We also hope to
include Macintosh-based playability on copy-protected discs in the future.
We have not finalized our plans for 2002 nor have we made a commitment
to put copy protection on all of our CD releases.
UMG has also established www.musichelponline.com to provide
consumers with support and to answer any questions you may have
concerning copy protected CDs.
We appreciate your business, and your support for the musicians who
bring so much to all of our lives.
Re:Soon-to-be Windows banner on audio CDs ? (Score:2, Informative)
Naw, we're still waiting for a port of cdparanoia. The kernel transport layers all Think Different.
That would be something to do in my copious free time.... Hmmmm.
European music industry also on the run (Score:5, Informative)
avoid these artists.... (Score:4, Informative)
http://www.umusic.com/static/cgi-bin/artist.cgi?E
http://www.umusic.com/static/cgi-bin/artist.cgi?K
http://www.umusic.com/static/cgi-bin/artist.cgi?P
http://www.umusic.com/static/cgi-bin/artist.cgi?T
If you like any of these artists, be sure to let them know that you do not like what their "Boss" is doing.
Re:OMG (Score:4, Informative)
"When you use the compact disc in a CD ROM drive, the technology launches an audio player (the "Player"), and plays compressed audio files (the "Content")."
In other words, "the Content" means the encrypted MP3 files on the platter, not the fux0red uncompressed audio with the messed up error correction that plays when you stick it in a normal CD player.
Of course you are presumably bound from trying to mess with the latter due to the anti-circumvention clause of the DMCA. Although, for that to kick in, the access-protection mechanism needs to actually be "effective" in the eyes of the law; a valid case can be made that this mechanism is *not* effective, because according to various reports there are the following workarounds:
1) Certain if not all DVD-ROM drives (and perhaps consumer DVD players as well) can access tracks 2 and beyond *automatically*, with no extra user effort or loss in quality.
2) Widespread pre-existing utilities such as exact audio copy [exactaudiocopy.de] are reported to be able to rip the disc (as one single
3) Extracting the audio from a consumer CD player with digital-out into a sound card with digital-in should result in a perfect copy, with no extra user effort or loss in quality.
Presumably nobody accessing the audio on the disc using the above three methods could be charged with using a "circumvention device", because they were just using commonly available tools and methods which were in place before this supposed access-control mechanism was even invented. Thus in my NAL opinion, the DMCA would not apply here.
Once the content is accessed, of course you are perfectly within your rights to rip to MP3 or make a backup copy for personal use, or, under the AHRA, to make copies for your friends (as long as they are distributed non-commercially). Whether you are allowed to distribute MP3s online (e.g. through a P2P network) is still an open legal question, but distributing these MP3s is certainly no more or less illegal than distributing any MP3 from a CD you don't have the copyright on.
Since when did consumers lose all of their rights as a result of buying a product?
Since the product was software. The EULA attached to their buggy player and the encrypted MP3s is unfortunate, but as we all know, not terribly unusual for the world of software--where it clearly resides. Luckily none of its provisions--especially those regarding indemnity or reverse engineering--are likely to stand up in court.
Re:The implications are ominious (Score:2, Informative)
The Player uses the Blowfish block cipher, ã 1995 A.M. Kuchling;
The Content has been encoded using software that incorporates the LAME encoder; more information about the encoder is available at http:// www.mp3dev.org.
So basically its encrypted mp3 format. so the format isn't the problem it the encryption thats the problem. And blowfish isn't easy to break.
Re:Lists of CDs? (Score:2, Informative)
You're right about the Audio Home Recording Act (Score:3, Informative)
"(5)(A) A "digital musical recording" is a material object--
(i) in which are fixed, in a digital recording format, only sounds, and material, statements, or instructions
incidental to those fixed sounds, if any, and
(ii) from which the sounds and material can be perceived, reproduced, or otherwise communicated,
either directly or with the aid of a machine or device.
(B) A "digital musical recording" does not include a material object:--
(i) in which the fixed sounds consist entirely of spoken word recordings, or
(ii) in which one or more computer programs are fixed, except that a digital musical recording may contain statements or instructions constituting the fixed sounds and incidental material, and statements or instructions to be used directly or indirectly in order to bring about the perception, reproduction, or
communication of the fixed sounds and incidental material. "
Hmm. Don't seem to meet the definition of a digital music recording anymore. Phillips is right in their position.
How they do it, and one important question... (Score:2, Informative)
Re:Philips (Score:3, Informative)
Re:What happens when XP is obsolete? (Score:4, Informative)
Legitimate reason to rip CDs (Score:2, Informative)
I rip every CD that I own because I listen to them on my computer, back them up as MP3s, and store the original in a safe place. While the original disc might get stolen if someone breaks into my house, I doubt that anyone will steal a stack of burned CDs.
Also, I only use copied CDS in my car. My car was stolen a few months ago and while the car was covered by my insurance, my 200+ CD collection was not, and that loss was much more painful than that of the car.
-dbc
Re:Philips (Score:2, Informative)
Re:Philips (Score:2, Informative)
Any kind of legal action would take years and we don't expect these [discs] to last that long," Wirtz told New Scientist. "At the moment we are trying to reason with people rather than sue them."
http://www.newscientist.com/hottopics/tech/arti