The worst thing about DRM? The things it makes people do. Take the iPodhash project, a group of coders dedicated to reverse-engineering Apple’s database files on the iPod classic and iPod touch. Doing so allows for third-party utilities to access information on the iPod, which is particularly useful for those who want to use their iPods on Linux, since there’s no version of iTunes available for that platform.
Unfortunately, Apple didn’t take too kindly to a bunch of people picking apart its tech, and it’s called up its crack legal team to remove the offending information, which it claims violates the DMCA’s circumvention clauses. As the site administrator, Sam Odio, wrote:
A lawyer claiming to represent Apple, Inc has asked that we remove all content on this page (see email). We’re currently investigating the issue, and determining what our rights are. We’re not quite sure how the DMCA pertains to us, and where we fall within the law. We’re talking to a lawyer about whether we’re considered a “service provider” and what we’re legally obligated to do if that is the case.
The lawyer’s correspondence suggests that reverse-engineering the iPod database file violates Apple’s FairPlay DRM, which could conceivaably mean that said information could be used to figure out away to remove the DRM on files purchased from the iTunes Store (not that such methods don’t already exist).
Of course, you know how it goes: once the cat’s out of the bag, it’s sure to convince him to go back in.
Pirated Music helps Apple, Inc. sell more iPods and iPhones.
Their bread and butter is in hardware sales and free music makes their gadgets more fun to use.
So why the nastygram?
Apple contractually obligated to pursue any blatant attempt to circumvent their DRM by the companies (Warner, Universal and Sony) who force them to use it. Failure to uphold the contractual obligation will result in the contract's expiration. Any future business will have to start negotiations at square one.
Not sending the nastygram would result in the studios pulling out and then playing hardball in the press, doing their best to make iTunes store sales suffer and the iPod/iPhone brands sour just in time for Christmas.
Remember the mud NBC flung when it took it's ball and went home to Hulu? Imagine a Big 3 Studio walkout paired with a "iPhones are soooo 2007" ad campaign.
This isn't about Apple trying to stuff the cat back in the bag. Steve Jobs went on the record in 2003, 2005, and 2007 on the futility of DRM. However, he is obligated to play cat-and-mouse as long as the current contracts hold.
I'm hoping for a DRM-free iTunes surprise as a "one more thing" at the 2009 Macworld Conference, but I'm not holding my breath. It's Chinatown.
Wow Apple is totally abusing the DMCA and applying it to things it wasn't meant to cover, because (1) what copyrighted is their iTunes database hash protecting? A song *database format* is not copyrightable. (2) The DMCA does not even outlaw discussing or revealing how the encryption on a copyrighted work operates -- it only enjoins Amercians from creating tools to break that encryption.
I would be really surprised that Apple is flexing its lawyersin a completely extralegal, if I hadn't already witnessed their willing to do the same when trying to get bloggers to reveal their sources and their dictatorial approach to application development on the iPhone. Nothing surprises me about Apple anymore. They will steal your lunch and then claimed they owned it all the while. I used to love Apple and be proud of using their products: now I don't stand on a pulpit about Apple anymore. I only use Macs because I hate the competition *more*. In fact, I feel like a Windows user. Apple is losing their ethical differentiation in the marketplace.
Nomad, why pick on Apple for DRM free music, why don't you complain to your favorite labels to let Apple sell such songs.
Who cares whether you hold your breath or not.
Apple is not just protecting their DRM, they are protecting their iPod Platform. Otherwise, open-source projects can be created to copy iTunes.
The DMCA Anti-circumvention clauses have VERY NASTY legal teeth. Circumventing DRM is a FELONY punishable by years in a federal PRISON.
Thus, the iPodhash project individuals and site provider should be very careful. The FBI can be on their tail soon.