Corante

About this Author
Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
Copyfight
LawMeme

Listen to the weekly audio edition on IT Conversations:
The Importance Of ... Law and IT.

Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com

Amazon Honor System Click Here to Pay Learn More

In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

The Importance of...

« INDUCE Act (IICA) Roundup - Foreign Publications Edition (and CNN) | Main | Rumor Mill: JibJab Settles Copyright Lawsuit - Complete Victory! »

August 20, 2004

Apple vs. Real: The Debate Continues

Posted by Ernest Miller

The repercussions of the Apple/Real conflict continue, and much can be learned from the various commentaries. Previous coverage here: What Real's Hacking of FairPlay Doesn't Do, Apple Gets Real Serious About Harmony and Will Real's DRM Strategy Succeed? Signs Point to "No".

Copyright shaman and law professor James Boyle has a commentary in the Financial Times attacking Apple's metaphor that Real "broke into" the iPod (The Apple of forbidden knowledge).

Derek Slater continues his excellent analysis of the issues (Real's Freedom of Choice Campaign and Price Cuts). He expresses as much surprise as I do that Public Knowledge is supporting Real's campaign for "freedom of music choice" (Public Knowledge Supports RealNetworks Campaign for Freedom of Choice). Slater points out that the real problem isn't that Apple won't license its DRM, but that the DMCA prevents Real from fully interoperating with the iPod without Apple's permission. Of course, you won't hear Real complaining about the DMCA.

I disagree with Slater that Real's pricing ($0.49/download) might be a turning point. I don't think there is a chance in hell that'll happen. The problem is that Real is losing money to the copyright holders with each sale at that price. Even if it attracts customers, I doubt they will be impressed when the price goes up later. The real question is what incentive this gives the copyright holders to reduce their licensing fees. The answer, I'm afraid, is none. The copyright holders will be happy with the additional increase in revenue, but they won't bat an eye when Real has to raise prices and lose customers. Real would have done better to spend the money on buying the contracts of some popular bands and giving the music away. This is simply a sign of desperation on Real's part.

Interestingly, Real's "Freedom of Music Choice" campaign links to EFF's complaints about Apple's FairPlay DRM (EFF: FairPlay: Another Anticompetitive Use of DRM) (FoMC: EFF on "FairPlay"). However, there is no link to EFF's take on Real's faux grassroots effort (Hypocrite, Thy Name Is Real). Maybe it is because of quotes like this:

If Real actually cared about "Freedom of Music Choice," it would be telling its customers to burn the downloaded music they purchase to CD, then rip to any DRM-free format they like (including MP3, WAV, or AAC, all of which play just fine on the iPod). That's a much better option than being dragged into a feud between Apple and Real.
Finally, a couple of other posts on the Apple/Real imbroglio that have been getting quite a bit of attention. Druken Blog's Convergence Kills, and Daring Fireball's 2004 Won't Be Like 1984. Both are lengthy, but well-worth the time if you are interested in the issues.

Comments (2) + TrackBacks (0) | Category: Digital Millennium Copyright Act | Digital Rights Management


COMMENTS

1. Alexander Wehr on August 21, 2004 01:52 AM writes...

Funny how real is being stung by the DMCA, yet refuses to complain about it because it participates in the great plunder of consumer rights which it facilitates as well.

I sincerely hope the profile on this case goes up, and that the legal wranglings are protracted and painful enough to get the attention of both the house and senate.

It provides a "game set match" case for H.R. 107, and why the anticircumvention clause of the DMCA needs reform ASAP.

Permalink to Comment

2. WindozeBloze on August 21, 2004 07:09 PM writes...

How funny is it that Real finally removed the feature allowing visitors to its "Freedom of Music Choice" website to post comments on the articles there?! I guess the overwhelming number of comments exposing their hypocrisy wasn't doing them any good. If you are a registered visitor to their website and have posted comments you can still view the older articles. All of the presently viewable articles do not allow for the posting of comments.

http://www.freedomofmusicchoice.org/index.php

Permalink to Comment


EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
Kitchen Academy - Course II - Day 23
Kitchen Academy - Course II - Day 22
Kitchen Academy - Course II - Day 21
Kitchen Academy - The Hollywood Cookbook and Guest Chef Michael Montilla - March 18th
Kitchen Academy - Course II - Day 20
Kitchen Academy - Course II - Day 19
Kitchen Academy - Course II - Day 18
Salsa Verde