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The Real Issues Behind Apple Licensing its FairPlay DRM

If Apple were to license its FairPlay DRM to rival music stores, it would only weaken its negotiation leverage with the labels to keep music prices low. Licensing FairPlay to rival player manufacturers would merely eat into Apple's hardware profits. Those were the conclusions of Daniel Dilger in an editorial published Tuesday at Roughly Drafted.

The argument on the opposing side has been that customers who buy music from the iTunes store can only play that music on an Apple iPod. That has upset some customer rights groups, especially in Europe, who argue that Apple should license FairPlay to competitors so that iTunes music can be played on rival music players.

However, there is much more going on on the U.S. side according to Mr. Dilger. The record labels, who profoundly failed to develop an attractive system for the on-line purchase of music are now annoyed with Apple's power and influence. They would like to dilute Apple's leverage to keep prices low and seize control of music pricing -- namely raise prices in some cases to see what the market will bear.

Moreover, Mr. Dilger points out, "Apple's last effort in licensing the iPod was to franchise it for HP. Even when HP was selling the existing iPod through its own sales channels, it was unable to agree with Apple on its responsibility for unsold inventory and other details.

"Imagine the complications of a hardware partner wanting to build its own iPod designs and make sure Apple's DRM completely supported everything they chose to offer."

In summary, the article proposed that Apple has sound business reasons why they should resist giving up a leadership position in music sales and music players. Mr. Jobs explained Apple's position in his Thoughts on Music. Do away with DRM and everyone goes back to neutral ground. No shenanigans, back room deals, and maneuvering. The customers will be happy, and Apple gets to do what it does best, focus on developing its own products with out unnecessary entanglements.

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Websnap said:

member since 17 Jun 2005 with 75 posts, unranked, send him a message or view his profile

yes, but that would still mean that iTS files will still only work on players with a codec capable of AAC files. Not that anything form windows stores plays in itunes...

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Bosco said:

member since 03 Jun 2002 with 1002 posts, unranked, send him a message or view his profile

You're incorrect websnap, because the Norwegian government will then mandate that Apple make its music available in a special kind of "fat music" file which contains both MP3 and AAC and can thus be played any player. Have faith in government. They will figure it all out for us.

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horvatic said:

member since 27 Jun 2003 with 102 posts, unranked, send him a message or view his profile

You don't have to play the music on an ipod. Convert it to MP3 and you can play it on anything you like. Simply make a CD and rip it again. Now it works on any player at any time. This nonsense about only playing on iPods is totally baloney. Not to mention you can play the music on a PC without touching the downloaded content from iTunes as well. Burn a CD and you can play it in any CD player too. So this is nonsense that iTunes only plays on iPods.

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A guest said: (hide)

Umm, haven't read the rest of your comentary, but it is important to note that the guy who writes RoughlyDrafted is not named "Daniel Dilger".

He appears to be named "Daniel Eran"

Magic Word: MessagePad as in, "I love my MessagePad 2100 so much I use it every day", which I do.

Daniel "neither Eran nor Dilger" Charles

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A guest said: (hide)

Actually...

my bad

never mind

I'm a fool

...it seems that I misunderstood him calling himself "Daniel Eran" everywhere on his website (except his about me page where he lists his full name as "Daniel Eran Dilger"

Sorry

Daniel "the fool 'cause the other Daniel is both an Eran and a Dilger" Charles

Guest wrote:
Umm, haven't read the rest of your comentary, but it is important to note that the guy who writes RoughlyDrafted is not named "Daniel Dilger".

He appears to be named "Daniel Eran"

Magic Word: MessagePad as in, "I love my MessagePad 2100 so much I use it every day", which I do.

Daniel "neither Eran nor Dilger" Charles

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gslusher said:

member since 13 Nov 2002 with 2088 posts, unranked, send him a message or view his profile

Websnap wrote:
yes, but that would still mean that iTS files will still only work on players with a codec capable of AAC files. Not that anything form windows stores plays in itunes...

AAC is an open standard. Even better, it's free--no royalties like MP3. Anyone can build a player that works with AAC files.

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Intruder said:

member since 07 Jul 2004 with 3149 posts, TMO Mac Specialist, send him a message or view his profile

And there are players that play unprotected AAC files.

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A guest said: (hide)

Yes, there are, not many, but there are. Do a search on newegg.com.

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rwahrens said:

member since 19 Jul 2006 with 50 posts, unranked, send him a message or view his profile

Yeah, guest, but the other player manufacturers have the option of using that unprotected AAC open standard, and are not stopped by Apple or anybody else. If they choose not to use an open standard, that is their own decision, and not something they can blame on Apple.

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A guest said: (hide)

I have to wonder about the idea of stripping FairPlay from iTunes purchased songs by burning them to a CD and re-importing them. Many have criticised the technique by saying it's too complex for the typical iTunes user.

I used to disagree with that notion and thought most people were smarter than that..until just recently.

Go to the iTunes store and read the comments for the song "Blinded by the Light" by Manfred Mann. It's available as part of the soundtrack album for the movie "Running with Scissors." There are over a 120 comments, mostly reaming out Apple (iTunes) for its unavailibilty as a single. I didn't read them all, but out of five pages of negative comments, only three recognized this situation was not Apple's fault.

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