In the previous post, I discussed how the record labels' increasing reliance on audio CD DRM would be counter productive (Record Companies Intend to Make Criminals of Us All). There is another aspect to this worth discussing, however. The article from Pennsylvania's Times-Leader, republishing a Mercury News report, discussed the incompatibility of the new CD DRM and Apple's iPod and iTunes (Music Industry Eyes 'Casual Piracy').
Copy protection raises an even bigger problem for the millions of people who own Apple's iPod digital music player and use its iTunes software to organize their music and create custom CDs. Apple has refused to license its FairPlay rights-management software -- even to the labels. That means certain copy-protected CDs won't work with iTunes or the iPod without employing time-consuming work-arounds.
"They do not play on iPods simply because Apple has this proprietary approach," said Hesse of Sony BMG's copy-protected CDs. "We would be willing and able to put" FairPlay "on CDs in an instant if Steve Jobs would flick the switch and allow us to do that."
Poor, helpless Sony. You know,
Sony, the company whose logo appears when you look up the word "proprietary" in the dictionary.
It isn't that Sony is opposed to proprietary formats, it is simply that Sony doesn't like it when they're other companies' proprietary formats. But it isn't only Sony that is backing these CD DRM schemes. EMI is also using DRM. Now, this will have virtually no effect on copyright infringement via P2P networks, so why spend so much money?
I think one very good reason is that the record labels are beginning to fear Apple's lock on digital music distribution. After all, if even Microsoft is sneezing, shouldn't the record labels be getting a cold? See, DRM and Lock-In: Apple vs. Microsoft.
A very large percentage of the songs on most iPods has to be coming from ripped CDs (21 iTunes per iPod). By making this means of filling iPods with music difficult, the record labels are in a much better position to convince Apple to license their FairPlay DRM and let the labels have a little control and reduce Apple's ability to lock-in consumers (and lock-out the record labels).
We shall see what Apple's response is. Steve Jobs is not likely to be pleased.
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 @
1. mcloki on June 16, 2005 04:39 PM writes...
This is just silly beyond belief.
Permalink to Comment1. It drives ipod users to use the ITMS. Why buy a CD if it doesn't work the way they want it to. NOT the way the record companies want to but the way they want to.
2. Apple is going to keep up the pressure until the last possible moment. Why license the DRM when they can just make their own version of iTunes to put on any machine and create competition. Microsoft has thier DRM music store. Apple gives away copies of iTunes for XBOX360 to counter.
3. If the DRM doesn't work on a few CD's then there will be a consumer backlash against that CD, band or record label.
2. steve Davies on June 16, 2005 05:40 PM writes...
i agree with the comment above. also why pay more for a cd when its cheaper online via iTunes??
And if a consumer can't copy their music from the cd to iTunes they can just go and get it off the P2P networks for free.
its amazing music companies still don't get it. they will do anything possible to annoy their customers. in fact i think this strategy encourages more people to buy online??
Permalink to Comment3. Julian Bond on June 17, 2005 12:59 AM writes...
A little vignette from last year.
I decide I want to buy Zero7's latest album. I walk down to the record store and notice the "Copy Protection", "This is not a CD" label on the CD and decide not to buy it (£14 saved). I walk back home and a quick search shows that AllofMp3.com have the album available in MP3 192Kb VBR so I buy it from there instead (£0.80 spent).
This year, the store closed down.
Permalink to Comment4. Cartel on June 21, 2005 11:08 AM writes...
What's funny to me is hearing Microsoft, when referring to the non-itunes music stores, state "People want choices"?. Oh really?
Is there really that much of a difference between the 5 or 6 "major" stores running Windows Media DRM? Since when is Microsoft the champion of choice?
And Sony has the nerve of talking about proprietary formats? Aren't these the same guys who created that horrible "ACRAP" format. The only reason they aren't using their own DRM is because noboby wants to use it.
The gaul of some of these companies is amazing.
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