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Music Media Government Politics Your Rights Online

EU Commissioner Slams Music Lock-In 293

Nonu writes "EU Commissioner for Consumer Protection Meglena Kuneva has come out against DRM lock-ins like Apple's iPod-iTunes combo. Kuneva said she believes the tie-in that keeps music bought from the iTunes Store from playing on MP3 players other than the iPod was unreasonable. '"Do you find it reasonable that a CD will play in all CD players, but an iTunes song will only play on an iPod?" asked Kuneva. "It doesn't [seem reasonable] to me. Something must change."' The EU is in the midst of an effort to harmonize its consumer protection laws, and along with the question of DRM tie-ins it is also looking at mandating cooling-off periods during which customers could 'return' downloaded music."
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EU Commissioner Slams Music Lock-In

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  • DRM free music is the only true path to interoperability. Anything else will fall short.

    From TFA:

    Apple Chairman and CEO Steve Jobs has said that his company would make everybody happy by selling DRM-free music if only the record labels would agree to it.
    Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?
    • DRM free music is the only true path to interoperability. Anything else will fall short.

      For the record, I agree [slashdot.org].

      As to the oft-repeated response to Jobs' statement, I answer those concerns in one of my previous responses [slashdot.org] to another similar response. Summary: it is nowhere near as technically, legally, and procedurally as simple as people seem to think it is, and the fact Apple isn't doing it now doesn't mean Jobs' DRM statement was just PR fluff that they floated out because they "knew" they'd "never have to
      • by Jah-Wren Ryel ( 80510 ) on Wednesday March 14, 2007 @12:54AM (#18343547)
        Damn! Was that ever long. But you know what is sad? There have been plenty of apple apologias even longer than that. Yours is no disgrace.

        I'm simply saying that using the fact that they're not currently doing it as some sort of "proof" that Apple doesn't really want to be rid of DRM is disingenuous.

        So, even if they are not DOING it, Apple could have long ago said that yes they WILL do it and are currently WORKING ON IT. That Apple has said nothing of the kind is proof enough. And puh-leaze, don't give me any bunk about how Apple doesn't pre-announce things. They can and do when it suits them. If Jobs's anti-DRM stance were true, he could gain even more leverage over the big-5 by merely announcing the intent to go DRM-free for the labels that are OK with it.

      • And the business processes that go into rolling something like this out are probably far more complex than the technical processes.

        Are there any business processes besides contracts? It certainly doesn't seem to take long to, say, roll your own webcomic and start selling tshirts for it. I mean, not three days, but far less than three months, right?

        It's not as if they can just flip a switch. There are a lot of things that would have to happen at the back end to support this, not to mention a client update

    • Re: (Score:2, Insightful)

      by tbo ( 35008 )
      Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?

      The same reason Apple is opposed to variable pricing: consistency. They don't want to clutter iTunes with complicated explanations of what you are and aren't allowed to do with each track of music. Consumers will get confused and pissed off when Britney Spears will play on their Zune but Christina Aguilera won't.
      • The same reason Apple is opposed to variable pricing: consistency. They don't want to clutter iTunes with complicated explanations of what you are and aren't allowed to do with each track of music. Consumers will get confused and pissed off when Britney Spears will play on their Zune but Christina Aguilera won't.
        If I had mod points I would give you +1 Funny for that. Good one!
    • "Thanks Steve - why not offer DRM free music from artists and labels that you already have granted you permission?"

      Because they aren't the issue. Those artist can be picked up around the net already DRM free at places like emusic.com and already have full interoperability with itunes, ipod and and generally cheaper than 99 cents a throw.

    • DRM free music is the only true path to interoperability, but the summary has an interesting alternative. The EU is talking about having a mandatory cooling off period for any DRM infected music where you can return it and get your money back. So anytime you want to listen to a song, you download it, listen to it, then return it.

      It's the ultimate! this turns DRM against the industry and gives you free music. Or you can pay for non-DRM music. It would be too cool to screw the music industry by this method.

  • by ZDRuX ( 1010435 ) * on Tuesday March 13, 2007 @11:13PM (#18342743)
    Because if she has, she would know that Jobs himself opposes the DRM scheme. The reason they are using it is because of the very strict rules the music industry has imposed on them when it comes to file security and making sure the encryption will not be broken.

    Jobs said that making all the songs on the iTunes store playable on different devices is possible, but giving out the encryption system to 100 different device makers without any overwatch is simply asking for disaster. Code has been leaked before (DVD discs anyone?), and this would be no exception.

    It's not so much Apple's fault, because it's the music industry that said they cannot share their iTune songs, OR the encryption to play them on any other device, otherwise their license to sell online music would be revoked.
    • Her comments are like saying "I'm upset my CD doesn't play in my microwave.." it's a digital file designed for a particular device in mind, in this case the iPod and iTunes ecosystem.. bitching and whining that it won't play in your $5 "happy-happy-sounder-MP3-PLUS!-extreme-2000" is her own stupidity.

      Meanwhile if they cared so much about DRM then they'd pressure the music companies that exist in their own backyard and not a foreign company who has no choice other than to pull out of any country that prosec

    • by jmv ( 93421 ) on Wednesday March 14, 2007 @12:40AM (#18343451) Homepage
      Has it ever occured to you that the statements made by Jobs about DRM were *precisely* made because of what the EU's doing. It's the old proven method to deal with "you shouldn't be doing X" by responding "I don't like it either, but Y is forcing me to do it". In this case, both the music companies and Apple want DRM, for very different reasons. The music industry wants you to buy your music 10 times, while Apple wants to make sure it won't work on anything other than an iPod.
    • Re: (Score:3, Insightful)

      by mike2R ( 721965 )
      Here we have living proof that "you can fool some of the people all of the time."

      Come on, it's lock in, lock in, lock in. It may conveniently tie in with some of the labels own ends, but this is all about making sure that iPod owners stay iPod owners.
  • by daveschroeder ( 516195 ) * on Tuesday March 13, 2007 @11:14PM (#18342747)
    The solution isn't standardized DRM. It's no DRM. The music industry (and apparently government regulators) want you to believe the only practical solution is the former. The real solution is the latter, for all the reasons Jobs outlined, not the least of which is that DRM will NEVER stop piracy and ALWAYS be able to be defeated.
    • by tbo ( 35008 )
      The solution isn't standardized DRM. It's no DRM. The music industry (and apparently government regulators) want you to believe the only practical solution is the former. The real solution is the latter, for all the reasons Jobs outlined, not the least of which is that DRM will NEVER stop piracy and ALWAYS be able to be defeated.

      [devil's advocate]

      I know that's what we'd like, and it's apparently what the EU and even Steve Jobs would like, but who's to say that it's really the "solution" for the music indust
      • Re: (Score:3, Insightful)

        Oh, I agree with you. I have a pretty good devil's advocate myself: in a world where electronic distribution becomes the norm, without DRM, how can content owners control releases and pricing in different market? For example, if a label feels that it needs to sell something in Fooistan for US3 that sells for US$18 in the United States, because that's what the market bears and that's how they've chosen to price it - which is their right - without some of the controls of DRM, how can the $3 version be restric
        • by Sam Ritchie ( 842532 ) on Wednesday March 14, 2007 @01:19AM (#18343699) Homepage

          without DRM, how can content owners control releases and pricing in different market?

          I think that's the point - most traditional media organisations have not yet grasped the concept that for digital media, there's only one market. They're stuck on the idea that DRM is a convenient way to artificially segment the global market and apply their traditional means based pricing mechanisms. Most software vendors realised the futility of this years ago and, with relatively few exceptions, have roughly comparable pricing worldwide. Yes, this means products are less affordable in poorer countries. Yes, this means price gouging is limited in richer countries. Ultimately though, this means that poorer countries get a leg up in selling their own software/digital content - behold the beauty of the free market.

          Your assertion is that content owners have the 'right' to segment the market this way to maximise profits - I disagree. What gives them that right and why? They already have sufficient rights granted to them via Berne, WIPO etc to guarantee a worldwide monopoly on reproduction of their content. Where's the public interest in legal frameworks purely for enforcing variable price & availability depending on the physical location of the consumer? Does anyone validly believe Hollywood would stop making movies if they couldn't sell downloads to Fooistan for less than they sell to Canada without reducing the Canadian price?

        • if a label feels that it needs to sell something in Fooistan for US3 that sells for US$18 in the United States, because that's what the market bears and that's how they've chosen to price it - which is their right - without some of the controls of DRM, how can the $3 version be restricted to Fooistan?

          Your conclusions are all right -- that such a scheme is impossible -- but I disagree with your premises, namely that doing such is a "right."

          You have the "right" to try and sell your wares at whatever price you wish, but others have a right to not buy it, and buy it from somebody else if they prefer.

          In general, you are a fool, if you try and sell a good in one place, at a price that's higher than what you sell it at in another place, plus the cost of transporting it from the latter place to the former. So, for example, if you sell records in Fooistan for $3, and it costs $1 to send a record from Fooistan to Baristan, then you will probably never be able to get much more than $4 for records in Baristan, because if you attempt to charge more, consumers will just end-run you, and have stuff shipped in from Fooistan, where it's cheaper. This is their right, and the sellers' right, under many historically-established doctrines, such as First Sale. (Which sadly no longer seems to exist in Great Britain, but that's a story for another day.)

          The fact that people in Baristan might pay a whole lot more than $4 for your record, if they existed in a complete vacuum (i.e. where the cost of transportation from Fooistan was infinite), is totally irrelevant. You have no 'right' to that price, because it's provably not what the real-world market will bear when it's connected to other markets. It might as well be ignored, because it doesn't matter.

          What computers do to information (among many other things) is make the cost of transporting it from one place to another, very, very low. So it ought to be basically impossible to sell a digital commodity in one place for a different price than you sell it in another, because people will just ship the files (at negligible cost) around your carefully-designed price-discriminatory barriers. In effect, cheaper communication and transportation (with information, these are the same thing) link the markets into one market, where there is but a single prevailing price for any fungible good. This is pretty basic economics here.

          The sellers of some types of information, particularly entertainment, have attempted to defy this by erecting technical hurdles which prevent information from being easily transmitted from one place to another. In effect, they're making it harder to transport goods, thus allowing a greater difference in price to be created in different regions. With DVDs, this is done with region coding and locking. With iTunes songs, it's done with a flat prohibition on resale, enforced by per-user licensing. But like all DRM, these are inherently flawed and thus surmountable; the fact that they can be worked around means that you can only charge so much more for content in various areas, before it becomes worth the trouble to buy it from some other area and bypass the blocks.
    • Re: (Score:3, Insightful)

      I think the music industry would love the EU to force Apple to licence FairPlay.

      For them, the ability of other companies to sell iPod-playable music would be a complete win. In one fell swoop, they'd have almost total control back.

      Imagine - the industry puts a demand for variable pricing starting at $2 for older music and topping out at $5 for just-released music. The alternative is that they'll withdraw the licence to sell music. Apple might stand firm as they've done in the past, but they now depend on ev
  • by Fallen Kell ( 165468 ) on Tuesday March 13, 2007 @11:19PM (#18342795)
    Probably not. But it almost appears that way. More likely politics on the issue that iTunes being an Apple product, and Apple not being an EU based company, while several other EU based companies *cough* Philips *cough* LG *cough* are not making any headway into the market which is completely dominated by Apple. While I personally love the outcome of the fight, i.e. someone fighting for removing of DRM. The reasons for the fight are suspect in my eyes.

    Why just fight against DRM for iTunes, and not DRM for everything? If the EU commisioner was really fighting for consumer rights here, it should be all DRM'ed anything, music, movies, electronic books, etc., etc., should be able to be universally used on any device. Which essentially means that it needs to be universal. Problem here is that as such, DRM can not work.
    • WRONG! (Score:5, Informative)

      by Whiney Mac Fanboy ( 963289 ) * <whineymacfanboy@gmail.com> on Tuesday March 13, 2007 @11:48PM (#18343105) Homepage Journal
      EU based companies *cough* Philips *cough* LG *cough*

      LG is not European [wikipedia.org] [You've made some Korean's very happy thinking so tho']

      Why just fight against DRM for iTunes, and not DRM for everything? If the EU commisioner was really fighting for consumer rights here, it should be all DRM'ed anything, music, movies, electronic books

      They are looking at DRM on all music - its just Apple's the biggest DRM dealer/pusher around at the moment.
    • by ClosedSource ( 238333 ) on Wednesday March 14, 2007 @12:42AM (#18343463)
      Ever noticed how the EU was perceived to be smart when it was punishing MS for behavior that might someday lead to a monopoly in server OS's, but is considered dumb when they attack Apple who has a monopoly today on portable music players.
      • Ever noticed how the EU was perceived to be smart when it was punishing MS for behavior that might someday lead to a monopoly in server OS's, but is considered dumb when they attack Apple who has a monopoly today on portable music players.

        How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods I see other portable music players with more features and lower prices? Apple does not have a monopoly with its iPod, the consumer has choices and they choos

        • GP: MS for behavior that might someday lead to a monopoly in server OS's

          Parent: How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods

          1) The parent specifically mentioned server OS's (where MS has multiple competitors in the market), other mp3 players don't count.

          2) Apple's supposed monopoly is in the digital music market, not the portable music player market.

          3) You don't understand what a monopoly is do you? Hint: It doesn't mean you have 100% of a market.
          • GP: MS for behavior that might someday lead to a monopoly in server OS's

            Parent: How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods

            1) The parent specifically mentioned server OS's (where MS has multiple competitors in the market), other mp3 players don't count.I am disputing the GPs contention that "Apple who has a monopoly today on portable music players." They do not.

            2) Apple's supposed monopoly is in the digital music market, not the p

            • 2) Apple's supposed monopoly is in the digital music market, not the portable music player market.

              That is not what the GP stated. The poster stated "Apple who has a monopoly today on portable music players."


              Fair enough, I was too hasty - you were right to correct the GP.

              Everything I stated is factually correct and I didn't imply in anyway that a monopoly is 100% of a market.

              But you said

              How does Apple have a monopoly when I can walk into a Wal-Mart or Target and on the shelves right next to the iPods I see

              • by 10Ghz ( 453478 )
                "Right there, you show that you believe that a company does not have a monopoly in one market because of the existance of competitors."

                No, competitors are not enough. But there's practically nothing that forces the consumer to choose iTunes or iPod. iTunes doesn't really offer anything that some other store does not (apart from iPod-compatibility). And there's multitude of mp3-players out there, so people are not forced to choose iPod over the alternatives. And there are other stores out there that are comp
    • Well, after talking to her own Competition Commissioner Neelie Kroes, Ms. Kuneva backed away from her previous statements, and decided it best to widen the debate, to all DRM.

      Reuters reports [reuters.com], "Meglena Kuneva told a news conference there was no reason to talk about legal action against the U.S. computer and technology company and that she merely wanted to raise questions. 'I would like, really, to start this debate. What is best to develop this market and to have more consumers enjoying this really very imp

  • by Steve B ( 42864 ) on Tuesday March 13, 2007 @11:30PM (#18342919)
    Apple Chairman and CEO Steve Jobs has said that his company would make everybody happy by selling DRM-free music if only the record labels would agree to it. Color some Europeans unimpressed: a spokesperson for the Norwegian Consumer said that while Jobs' comments were welcome, they don't address the underlying problem of interoperability.

    WTF? Selling DRM-free music most certainly would address the underlying problem of interoperability -- in the worst-case scenario, DRM-free music in one format (e.g. AAC) could be transcoded to a different format (e.g. MP3), albeit not at optimum quality.
    • I will bear this argument in mind next time I hear about how MS Office is evil and .doc/.xls file are the spawn of satan.
  • by mc6809e ( 214243 ) on Tuesday March 13, 2007 @11:30PM (#18342933)

    If consumers voluntarily buy a system that emplys DRM restrictions and Apple is voluntarily supplying it, where is the harm? Why should the government step in to prevent commerce between consenting adults?

    Of course there are people out there that think government should be a "big brother" to keep its little brother, "the public" out of trouble.

    I say I'm an adult. If I want to buy a system that employs DRM, it's my god damn business.

    • Re: (Score:2, Insightful)

      by ScentCone ( 795499 )
      I say I'm an adult. If I want to buy a system that employs DRM, it's my god damn business.

      Well, you pretty much nailed it. Obviously this EU official thinks you can't possibly expected to be accountable for your own actions and decisions. For cryin' out loud, she wants a "cooling off period" for the purchase of an inexpensive bit of three-minute entertainment? Doesn't anyone understand how absurd that sounds? It's bad enough when people want to "cool off" on their 60" plasma TV purchase the day after the
      • I think the motivation here is that many EU phone companies sell you stuff through your phone without making it clear that you are buying anything. (It says it's free and then you click get and you wind up paying a eur 4 'download charge'). So with a cooling off period you would see your bill and you'd be able to tell them you don't want the crap you bought. It's a EU solution to an EU problem.

        ]{
        • I don't really see why that needs a 'cooling off period.' That seems like a pretty straightforward contract-law dispute: someone charging someone else based on terms of a contract which weren't adequately disclosed at the time an agreement was reached.

          If the user was presented with a contract and just didn't bother to read it before agreeing, then I've no pity for them whatsoever. Maybe losing a dollar/euro/pound or two will teach them to read the fine print, before they lose something important -- like the
    • by Kristoph ( 242780 ) on Wednesday March 14, 2007 @12:01AM (#18343199)
      The government is stepping in to keep the consumer from harm and/or to ensure the market is functioning properly by attempting to regulate some degree of interoperability. The government has done this many times to very positive effect. In many cases such interoperability leads to much greater choice and much lower cost. If the government failed to do that choice would exist but it would be expensive and difficult to obtain because alternatives would have a significant market disadvantage. So, in summary, the whole point here is to give you choice, not to butt into your business.

      ]{

      • by mc6809e ( 214243 )

        The government is stepping in to keep the consumer from harm and/or to ensure the market is functioning properly by attempting to regulate some degree of interoperability. The government has done this many times to very positive effect. In many cases such interoperability leads to much greater choice and much lower cost. If the government failed to do that choice would exist but it would be expensive and difficult to obtain because alternatives would have a significant market disadvantage. So, in summary, t

        • Re: (Score:3, Insightful)

          by Kristoph ( 242780 )
          Yes, suppliers have options, what's your point? If Apple stopped making iPod's someone else would make jPod's or kPod's or whatever because there is DEMAND!

          Anyway, I am not against DRM. I am just against vendor lock in of the stuff I bought. Actually I own a Mac and an iPod but I want the option of using something else in the future. In fact, I saw the sansa player, which I'd like to give a try, but there is no way to do that unless I do something deemed illegal to covert my music to a different format.

          ]{
    • by kocsonya ( 141716 ) on Wednesday March 14, 2007 @02:25AM (#18343985)
      Because this is the *same* government that grants the right of the music factory to charge for their product every time they make a copy for about one and a half century even if the actual cost of making that particular copy is practically zero and *anyone* can make that copy if they want. This is the same government which in some countries artificially raises the price of data medium and give a cut to the music factories because the medium is capable of holding music.

      In this case they do not do Big Brother things, they do not limit what you can do - it is actually DRM that limits what you can do and the various IP laws (by the government, actually). All they want now is that the music manufacturers can't squeeze you more than what the law grants to them.
  • I too wish for lossless, DRM free, music with the breadth of the iTunes store.

    However, in absence of that, I think a law, that essentially says that any digital product that is sold or otherwise licensed to a consumer (DRM or not) implicitly includes a license to the software required to play that media on the device of the consumers choice, would be the next best thing.

    Needless to say, the software, or at least the specification to create the software, would need to be made available to any company or indi
    • Re: (Score:2, Insightful)

      by Seumas ( 6865 )
      That's not going to be enough as far as I'm concerned. Even if it were completely DRM free and open, it's still ten bucks an album. If I'm going to buy an album for ten bucks, I might as well just go get the physical CD and rip it myself.

      Also, what is the current cut that an artist gets currently? I bet it's not significantly greater than the point they get for physical media. Fucking the artist is still fucking the artist.
      • I might as well just go get the physical CD and rip it myself.

        Personally, I find the theoretical lower quality (unnoticeable on my crappy sound system) of a ten-second download to be a valid trade-off for the convenience of saving the half an hour going to the record store & back, followed by five minutes ripping the CD onto my computer in a similar lossy format & finding somewhere to store it. Not to mention I don't have to buy the filler tracks if I don't want them, and that iTunes has a vastly b

    • http://www.emusic.com/ [emusic.com] for gods sake. Almost not lossy (high bitrate+vbr) and no DRM is still better than lossless with DRM.
  • And, how about ZuneTunesTM songs playing on a Fairplay or any MP3 player? I assume this is included in the legislation. Perhaps crafting speeches which attack the problem rather than a vendor is a lost art.
    • And, how about ZuneTunesTM songs playing on a Fairplay or any MP3 player?

      Who cares about the ZuneTunes TM songs. Have you seen the number of hoops to get to the store? Have you seen the layers on the onion to buy a tune? Did you notice that the songs do not take dollars to buy but require a new currancy called Zune Points to buy a tune? The Zune store is so obscure up a dead end alley that nobody is bothering.

      Anybody seen any big announcements that they have sold their first million tracks? Me neither.
  • Nobody is forcing people to buy music from iTunes.
    In fact, there's a lot of music you can't get on iTunes, and must buy elsewhere.
    iPods play MP3s great, too.
    People are buying there by choice.
  • Now, I'm more liberal than the majority of the population here in the United States, and I'd guess I'm probably more in the line of France and western Germany, but honestly, let the people choose what they want to buy. If they want to buy something that's less than 1/10th the quality of a CD, let them. They're basically over-paying for each song by around 100% anyway, since for the argument's sake, an average CD will consist of 10 songs, and the bitrate of the files they are downloading are less than 10%
    • by Guuge ( 719028 ) on Wednesday March 14, 2007 @02:44AM (#18344063)
      This isn't about preventing people from buying music from Apple's store. It's about Apple preventing competitors from developing better players for that music. Does Apple own a patent on music? Why should Apple be able to dictate how its customers use that music after they've purchased it? It's a classic example of a company using their dominance of one market to control another. Think about how you'd feel if Microsoft decided that the only browsers you're allowed to use in Windows are browsers developed by Microsoft. In this case, Apple decided that the only music players you're allowed to use for iTunes music are those developed by Apple.
  • Music bought from iTunes can only be used on iTunes compatible hardware.

    How different is this from Pay-Per-View or premium movie channels? How different is FairPlay from, say, Macrovision?

    With PPV, you bought the movie. But that doesn't mean you can watch it forever. In fact, due to Macrovision, you may not be able to record it at all (assuming your VHS, DVR, or recording device honors Macrovision).

    Whether this is right or wrong is irrelevant. The principle exists. You can only watch your PPV movie on a dev
    • by Technician ( 215283 ) on Wednesday March 14, 2007 @01:57AM (#18343863)
      How different is FairPlay from, say, Macrovision?


      With Macrovision, when I sell or give you my DVD, it will play in your player. It will play in anybody's player in the same region.

      What happens when you mail me your iTunes track?
      • by xtracto ( 837672 )
        There is a point nobody has touched and I think is very important as well:
        it is also looking at mandating cooling-off periods during which customers could 'return' downloaded music."

        I would love to see that come true. The digital distribution of music is in its current state unfair, apart from the fair use thing everybody in slashdot argues, after you download a copy of whatever music you download, you in fact have *nothing* more. So, at the end you are paying for nothing. Well, you are just paying for a se
    • by Guuge ( 719028 )

      "Why doesn't this damn CD fit in my 8-track player?"

      What are you talking about? Manufacturers of 8-track players are not prevented from producing CD players. There's nothing even approaching lock-in in that scenario. It's obvious that you can't toast your bread with a corkscrew. But why wouldn't you be able to toast it with a toaster made by another company?

  • Where has this guy been? Xbox games only play on Xboxes and PS2 games only play on PS2/PS3. Windows media player, WMA/WMV and playsforsure is windows only. The last time I checked, not all iPod owners buy from iTMS and not all people buying from iTMS have an iPod. Need I mention that iTunes is not locked into OS X?
    • Wow, quite a bit of strawmen there. How, exactly, you can legitimately compare iTMS lock-in to console systems is beyond me. Programmers create games specifically for a particular console, unless they decide to make the game, at extra initial cost, multi-platform. Porting a game to multiple consoles and/or PC is sometimes difficult, definitely time consuming, and costly. How is that in any way analogous to creating music? Do artists and bands create music specifically designed to play on only one platform? Is it time consuming and costly to make their music multi-platform? Of course it isn't. Music was, from the very beginning, inherently easily reproduced, as well as being "multi-platform."

      It is not a question of people wanting to do more than they should be able to with their music. It is, in actuality, the exact opposite. It is a prehistoric music industry attempting to do more than they should be allowed to with the artists' music, because it realizes that it is dying. Apple's DRM is a result of this. Apple had no real choice in the matter. If they wanted to sell RIAA-endorsed music, they had to provide DRM of some sort. Yet Apple most certainly is benefitting from FairPlay. Whether you would like to admit it or not makes no difference. They have in effect cornered the music download market, and are in a position where they could, if they felt strongly enough, start making inroads toward the eventual death of DRM. Maybe we have actually witnessed the beginning of this with Steve Jobs' recent "Thoughts on Music" open letter, yet I remain unconvinced. It would be a trivial thing, as well as a great symbolic gesture, for iTMS to cut the DRM requirement for indie labels and unsigned artists, yet they have not. If it has anything to do with the contract that they signed with the RIAA, then that can be taken to court and quite easily be dealt with.

      Secondly, the fact that WMA and PlaysForSure are Windows-only is a red herring. PlaysForSure is at least licensed out. That has nothing to do with the issue, of course. PlaysForSure is also a form of DRM, and should be abolished along with FairPlay. I would imagine that the European Union feels the same way about both of the DRM implementations respectively. Attempting to apply bias before having given sufficient thought to something is defective. Judge the past along with the present. Consider relations between the EU and Microsoft over time, and then try to make an informed hypothesis as to how this situation will further unravel.

      Lastly, the fact that iTunes is not locked-in to OSX has absolutely nothing to do with the issue at hand. I do not understand why you even mentioned this unless it was yet another attempt to obfuscate the true concern. iTunes is available on both Macintosh and Windows-based computers for one simple reason: more customers equal more cash flow.

      I do not understand how the Slashbots can be so liberal, pro-choice, and pro-freedom when the issue suits their bias, and yet as soon as Apple is brought up, they turn into mindless, apologetic shills spouting inadequate excuses left and right.
  • just as I can't use a CD on my record player o MP3 player, Apple's files are just a transport medium. You CAN buy this music from other places, go and do it. I can't buy music from my local ISP because they use Windows DRM, this is going to be a double edged sword which should also stop DRM on DVDs etc, Why not remove ALL DRM??
  • by dazk ( 665669 ) on Wednesday March 14, 2007 @02:59AM (#18344129)
    This critisism has nothing to do with consumer rights at all. If it had, she wouldn't point her finger at Apple but at DRM as a whole. All major DRM systems known to me lock the consumer in.

    WMA: Microsofts usual way of doing things. Use the market share of Windows to push forward the format. Many stores consider DRM and choose Microsofts because Windows is nearly everywhere and they will have an instant consumer base. While one can choose from a few players, I have yet to see a system that allows you to use it without Windows. So you have a choice with players but a large collection keeps you sticking with windows.

    Fair-Play: You can choose from two operating systems but you can only use Apples Players. You have a little more freedom choosing your computing platform but the devices are more limited.

    Of course Apple had to open itself towards Windows. Without it, they would not have the userbase that made them successful.

    In the end though, there is not much difference between the two. Why is it that she attacked Apple then? In Europe WMA has a significant market share and the domination of the iPod is far from as big as in other parts of the world. I believe she is as bought by the music industry as those in the EU implementing ever more drastic copyright regimes. Why? It's a known fact that the big 4 love and hate Apple at the same time. Getting Apple to open up their DRM would most probably reduce the power of the position they are in now. With Apple's market share, Jobs can actually resist the big 4 labels and not raise prices for certain tracks, somthing the majors want for quite some time. But less power for Apple doesn't mean less sales and revenues for the music industry.

    Therefore, if she was actually fighting for consumer rights, she'd attack DRM and with that the major 4, Apple and Microsoft at the same time. But nobody in the EU fights agains the powerful lobby of the music industry. They usually get what they want fairly easily. Attacking Apple however helps the music industry.

    I'm sure it's the same kind of **** we've been seeing for quite some time now -- badly concealed lobbyism and nothing more.
  • by Lars T. ( 470328 ) <Lars,Traeger&googlemail,com> on Wednesday March 14, 2007 @03:47AM (#18344313) Journal
    "Kuneva's comment -- which the Commission stressed is purely her personal view"
  • Comment removed based on user account deletion
  • Many of the so called "CD"s sold by the major music publishers do NOT play in many players because they are not Redbook [wikipedia.org] compliant. These so called CDs use copy protection [wikipedia.org] to make ripping the songs to MP3s difficult.

    I do not buy copy protected CDs. When offered copy protected CDs as gifts, I attempt to return them as they do not play in my car & converting them to MP3s is a pain in the ass. I suggest that the commissioner push the music publishers to abandon this instead of harping on apple. Currently,
  • /. is late. Commissioner Kuneva has already softened her statement (linky here [reuters.com].

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