“A House panel appeared to rule out strict enforcement of digital music compatibility standards Wednesday, but left the door open for more indirect methods of curing the file-sharing industry’s iPod envy,” Elana Schor reports for Medill News Service. “Concerns had been mounting about Apple’s overwhelming hold on the digital music market after the company altered its iPod and iTunes technology to prevent the playing of files downloaded from competitor RealNetworks’ Harmony system.”
MacDailyNews Take: Okay, let’s get this straight: RealNetworks hacks a way to allow iPods to play music purchased from their online store without Apple’s permission, Apple continues to update iPod and iTunes as normal without considering (rightfully) if Real’s hack would break, and legislators are concerned about Apple, not RealNetworks? That’s pretty much par for the course in Washington.
“While considering action to force interoperability, which would ensure consumers greater access and would give artists greater royalties through a universal file-sharing network, lawmakers preferred to pursue competition as the answer. ‘Government intervention can probably prohibit innovation,’ said Rep. John Conyers, D-Mich., senior Democrat on the House Judiciary Committee. ‘Consumers will choose interoperability over closed platforms’ like the iPod,” Schor reports.
MacDailyNews Take: Consumers have already chosen and, in ever-increasing numbers, continue to choose the Apple iPod+iTunes solution that works on both Mac and PC platforms thereby providing more “interoperability” than the PC-only Napster, Real and other also-ran online music outfits. Perhaps legislators should consider action to force Napster, Real, and the rest to provide interoperability for Mac users? And, while they’re at it, are they going to legislate that Xbox titles should play on PlayStations, too?
Schor reports, “The iPod’s reign over the expanding digital music kingdom shows no signs of stopping yet, with Apple expecting to sell more than 15 million of its signature players this year. iPods can only play downloaded files from the iTunes online music store thanks to restrictions in digital rights management, or DRM. Both Rep. Lamar Smith, R-Texas, chairman of the subcommittee considering digital music regulation, and his Democratic counterpart Rep. Howard Berman, D-Calif., indicated their action would avoid forcing digital music providers into compatibility. That did not exclude forcing providers to warn consumers of their incompatibility, what Smith called ‘not a government mandate, but still full disclosure.'”
Schor continues, “Smith was as vocal as any in the industry in his skepticism of Apple’s closely guarded system. Turning down an invitation to appear before his panel did not endear Apple to Smith,” Schor reports. ‘Generally speaking, companies with 75 percent market share of any business … need to step up to the plate when it comes to testifying on policy issues that impact their industry,’ Smith said. ‘Failure to do so is a mistake.’ Dr. Mark Cooper, research director for the Consumer Federation of America, suggested a labeling program for digital music products, ‘but I wouldn’t necessarily want to get there,’ he added. ‘I may, if iPods had to be labeled, ‘This music can’t play on anything else.””
MacDailyNews Take: To label iPods as described above by the good doctor would be idiotic. iPods do not contain music at the point of sale and they support many formats for users to play once they are loaded with digital files. Apple iPod shuffle plays MP3 (8 to 320 Kbps), MP3 VBR, AAC (8 to 320 Kbps), Protected AAC (from iTunes Music Store, M4A, M4B, M4P), Audible (formats 2, 3, and 4) and WAV. Apple iPod mini, iPod, and iPod photo units play AAC (16 to 320 Kbps), Protected AAC (from iTunes Music Store), MP3 (16 to 320 Kbps), MP3 VBR, Audible (formats 2, 3, and 4), Apple Lossless, WAV, AIFF.
Schor continues, “William Pence, chief technology officer for Napster, the formerly illicit digital download program that has become Apple’s most legitimate competitor, was hardly threatened by Apple’s DRM dominance. ‘It does not seem prudent for [the] government to pick a winner in the continuing, but still quite early-stage, marketplace battle between Apple’s Fairplay DRM and its competitors,’ Pence said… Berman, who had gamely shared with Pence his young daughter’s troubles integrating Napster with the iPod, summed up his subcommittee’s conclusions. ‘I’ll quit bothering you and go to your message board,’ Berman quipped.”
Full article here.
MacDailyNews Take: It’s good that lawmakers seem to prefer a laissez-faire attitude towards digital music compatibility. Let the market decide; it’s doing a fine job all by itself. Consumers are making their choice, Napster, Real and Microsoft just don’t like the choice they’re making. If people decide that they really, really need to buy songs from Napster for some unknown reason, then they should buy a compatible player. Most people we know seem to choose the player first, not the online store, since playing music purchased from an online store is but one feature of the player. Napster and Real and the rest are understandably upset that everyone and their mother is buying an iPod. We have a surefire “iPod envy” cure: go make a better player, a better jukebox, and a better online music service than Apple’s iPod+iTunes+iTunes Music Store and stop whining about your inability to compete.
[UPDATED, 9:48AM]
Related MacDailyNews articles:
Napster is a joke – April 05, 2005
Napster CEO Gorog: ‘it’s stupid to buy an iPod’ – February 10, 2005
Napster’s ‘iPodlessness’ doesn’t bode well for its future – February 10, 2005
Napster CEO: We’re ‘the biggest brand in digital music, much more exciting than Apple’s iTunes’ – February 03, 2005
Cornell University’s Mac users ‘uniformly unhappy’ with Napster – January 19, 2005
RealNetworks ‘Harmony’ stops working on iPods but nobody notices for a month and a half – December 15, 2004
Apple’s latest iPod updates render RealNetworks’ ‘Harmony’ songs unplayable – December 14, 2004
Bono-Glaser photo caption contest now open – October 25, 2004
Real’s CEO Glaser: ‘Harmony’ hack legal, Mac lovers are very sensitive to Apple criticism, and more – September 14, 2004
Cornell University wrestles with Napster’s exclusion of Mac and iPod-using students – September 08, 2004
Why are Cornell’s Mac students being forced to pay for useless Napster? – September 07, 2004
Analyst: Rob Glaser’s ill-advised war against Apple ‘is going to bite RealNetworks on the ass’ – August 30, 2004
Rob Glaser interviewed about achieving harmony with Steve Jobs – August 17, 2004
RealNetwork’s CEO Glaser crashes Apple’s music party – July 30, 2004
Real CEO Glaser: Steve Jobs’ comments on Real ‘not succeeding’ are ‘ridiculously humorous’ – April 29, 2004
NY Times: Real CEO Glaser was close to having ‘iPod’ before Apple, but let it ‘slip through his fingers – April 24, 2004
Real’s CEO Glaser: Apple’s iPod/iTunes combo ‘threatens to turn off consumers’ – April 20, 2004
Jobs to Glaser: go pound sand – April 16, 2004
Real CEO Glaser begs Apple to make iPod play nice with other music services – March 24, 2004
Napster CEO: ‘it would be great’ if Apple iPod supported WMA – March 09, 2004
Napster CEO: Apple iTunes, iPod ‘consumer-unfriendly experiences’ – March 09, 2004
Way to go MCCFR!
There isn’t a single issue or debate that can come to the floor in either house without the republican majority ALLOWING it. They’re counting on the fact that the vast number of republicans (that see intelligence as being SNOOTY) simply either don’t understand the process OR will thumb their noses at anyone who TRIES to explain the process.
Damn liberals and their high-falutin college talk!
MDN Magic Word -anything-
Anything to place the blame on a liberal!
typical Republican buffoonery. Hey assholes, how about fixing this instead:
AIDS, Social Security, National Debt, WAR IN IRAQ, Health Care Costs, or Foreign Energy Dependence.
Feel free to pick one from the list, and then try to act like you care about any of them.
Get Real: “Funny how you same hypocrites wanted them to jump all over M$ with sanctions and regulations…”
The idea that the “market” is this free thing is an illusion. All markets have rules, some self-imposed and some imposed by legislation. There isn’t some impartial “market fairy” in the sky that makes things work out if only we humans would leave it alone. When a company uses unethical means to acquire power, especially when it uses existing monopoly power, then the “market” might do well, but people lose (except shareholders). Apple is a very rare corporation that actually tries to be civically responsible, and they have done nothing unethical with the iPod/iTunes business. M$ was using very unethical practices to bolster Windows and IE by strong-arming computer makers. So to compare the two simply makes you sound ignorant.
“Let the market decide; it’s doing a fine job all by itself”
Yeah, easy for someone rallying for Apple to say.
Fascism is the best form of government, as long as you’re on the side of the fascists.
I don’t understand the fuss – can’t you just burn to disc music from the other music stores as CD Audio or MP3 and re-import them into iTunes? That’s what I’d do. Not that I’d buy anything in WMA format.
That brings me to another point – why do so many sites insist on using Windows Media instead of Quicktime? It doesn’t take a scientist to work out which is clearer, smoother and cleaner to watch and hear.
Am I missing something?
Here’s a label they can put on the iPod…”Guaranteed to be the Best!”
or
“Just Works!”
or they could just list that long list of file formats that it plays.
I wonder if we can play “Survivor” with congress?
Blind Justice…
Let Microsoft get away with computerized murder, but throw Apple into the stockade for jaywalking?!
Liberals are the scum of the earth. They prove it over and over again. Go to hell commie-terrorists!
IF this law gets passed will that mean that Sony has to allow XBox games to work on its games player?
Mr. Thunderpants
” width=”19″ height=”19″ alt=”smile” style=”border:0;” /> Knowing a word like fascism doesn’t necessarily mean you know how it use it!
“Yeah, easy for someone rallying for Apple to say.”
Easy AND guilt free! Apple didn’t have to spread misinformation about their product and have it endorsed by the President, Secretary of State, and others in government only to find that the iPod doesn’t even exist!
Stuart
why do so many sites insist on using Windows Media instead of Quicktime?
First, I don’t think Windows Media is as bad on Windows as it in on the Mac. I don’t know because I’ve never used it. Many sites using WM had their servers, startup, support or something given free by Microsoft. If you had to set up a streaming site and was looking at the “free regardless of the numbers of viewers” of QTSS but a big startup cost OR have your startup paid by Microsoft and the big money is down the line after you’ve secured viewers, which would most American business choose? When the health of your biz is tied to quarterly share price, you want to take as low a hit as possible in any three month period.
Regarding MS comparaisons…
Bring em on!
The consumers have A CHOICE! And they’re choosing the iPod!..
People don’t CHOOSE Windows. They just use it because it comes on the PC. You think if they could decide between Linux, Mac OS X and Windows on a Dell box, they’d pick Windows..? Overtime.. MS would have to actually do some work to keep a high marketshare..
As for this case.. hey.. bring it on.. what’s the worst thing they can do? Force Apple to license Fairplay? Boo Hoo.. they’ll own the market…
The damn politicians know this and are eventually going to have to face the fact that PEOPLE ARENT BEING FORCED TO BUY IPODS.
Let’s get this straight.. the ITMS feeds off the success of the iPod.. NOT the other way around
I’m sure the poiticos would take Apple’s side if only Apple would only attend the committee hearings and bring a few million $ to palm them while shaking hands. Afte all, that’s what Microsoft did to get them fired up in the first place.
” width=”19″ height=”19″ alt=”wink” style=”border:0;” />
Can Legislators please pick a winner in the razor + blades battle, so I dont have to remember which razor I have?
Buffy’s comment wins for best of the day!
XABEX: you are sooo right!
John.Conyers@mail.house.gov
Everyone, please write all this to me.
Thanks
Stuart. the reason is DRM..Apple needs to license this technology accross all their media platform.
Waaay too much hypocrisy on these posts. The government had no business getting on M$’ s case. (Yeah, yeah the current state of “antitrust law”; but the law can be an a*s sometimes, in fact, way too often.)
If any of you really think that John Conyers and/or Lamar Smith should be guiding any aspect of our technology sector, you’re nuts. And I would trust either of them before your typical judge.
Squash those pansy Apple ipods with the mighty Red Republican force of Microsoft. That faggot Steve Jobs deserves to be run out of town, this country’s too good for him!
Stampede those arrogant america-lovin’ fascist neocons with a giant lib gay pride parade. That bastard Bush needs to be run out of town, this country’s too good for him!
why’s everyone so upset? hearings were held on the subject and the right decision was made – to let the market decide. Smith and even Conyers came down on the right side of this, and Apple probably didn’t show because it didn’t need to.
Just to restate the obvious re: “closed” systems –
Music lovers can go out and buy CDs that work on any platform. When computers users can do the same for software, then we can let Microsoft off the hook.
fuzzmanmatt:
There’s a reason I don’t know how to get in touch with your legislative branch, and it’s because I’m an Englishman living in Europe and it’s easier to ask than go searching.
And Uh….
The reason for getting upset is that, having discovered that they can’t win the argument using better technology (normally Apple’s preserve) or bargain basement pricing (normally the Wintel preserve), the WMA/Real community has decided that it is now simply going to lie its way into the public consciosuness using the legitimacy conferred by public debate (e.g. arguing its case in front of doofus politicians) and reputable media channels (the recent ridiculous Time article).
So if stopping that process dead in its tracks requires mailing every member of both Houses and responding to the editor of every media outlet who allows their publication to be used for a grubby little campaign of disinformation and (let’s be blunt) fraud to be committed on the public, then so be it.
MCCFR,
Believe it or not, you probably know as much about the American political process as does the typical American. Our high school civics classes were a joke, and the extent of the legislative process was learned by most of my generation on a Saturday morning cartoon called “Schoolhouse Rocks” [http://www.school-house-rock.com/Bill.html]. Cable providers are blackmailed into using bandwidth on two channels nobody watches (CSPAN and CSPAN2), each of which doesn’t get a fraction of the viewers of home shopping channels on a given week.
If I was to go out and ask the first person I met on the street who is the starting quarterback for the New England Patriots (an NFL team for those who don’t know), and then followed up that question with one that asked who their Congressperson is, I would guess that I would get a 70% correct answer on the first question and a 20% correct on the second.
Bring on the bread and circuses!!! The media and the government like it better if we don’t question their motivation or actions, and we’re happy as clams that we don’t have to bother thinking for ourselves — all we have to do is have some talking head label something ‘liberal’ or ‘conservative’ and everyone knows how to think about a particular matter…
However, in the last 200+ years, nobody has come up with a reasonable alternative, so I’ll oblige my fellow Americans with their stupidity on how this country works as long as it keeps working…
Entrepreneurs and their small enterprises are responsible for almost all the economic growth in the United States.
-Ronald Reagan
Politics is supposed to be the second oldest profession. I have come to realize that it bears a very close resemblance to the first.
-Ronald Reagan
The best minds are not in government. If any were, business would hire them away.
-Ronald Reagan
The government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
-Ronald Reagan
The nine most terrifying words in the English language are, ‘I’m from the government and I’m here to help.
-Ronald Reagan