“Microsoft’s top lawyer has warned Apple not to complain too loudly to record labels about music copyright restrictions, saying the computer giant was already selling plenty of iPod music players,” AFP reports.
“‘I’m not a big believer in just blaming the music industry for Apple’s inability to sell every conceivable iPod,’ said Brad Smith, senior vice-president and general counsel at the US software giant. ‘I think they’re (Apple) doing pretty well from what I can tell. In fact, I think the music companies are the ones who right now are doing a little less well,'” AFP reports.
“Last week British music giant EMI said it would offer songs by Coldplay, Madonna and a host of other stars for download without copy protection, as part of a deal with Apple’s iTunes website,” AFP reports. “Mr Smith said Microsoft would be interested in similar deals for its Zune player, which made a lacklustre debut in US stores last year.”
“‘At the same time I wouldn’t go as far as Steve Jobs did and suggest that everything is the fault of the record labels,’ he said. ‘I believe that, fundamentally, people who produce content and who own the rights to that content deserve the opportunity to make their own decisions about how they want to provide that content to the public,'” AFP reports.
Full article here.
[Thanks to MacDailyNews Reader “Another Irish Dude” for the heads up.]
The music labels are to blame for DRM.
Apple has demonstrated unparalleled ability to sell every conceivable iPod for over half a decade. That’s 100 million and counting, Brad.
Furthermore, Brad Smith’s comments make no sense. Smith says he’s not a believer in blaming the music industry for Apple’s “inability to sell every conceivable iPod,” but then basically says that Apple’s selling “plenty of iPods,” so who’s blaming the music industry for what, again, Brad? He’s interested in DRM-free deals with the labels for the joke that is Microsoft’s Zune, but says that the labels that own the rights deserve the opportunity to make their own decisions. That’s exactly what EMI did, Brad; EMI decided to sell DRM-free music. We guess we shouldn’t be surprised to hear a lawyer speak illogical gibberish, but what the heck is he trying to say?!
Regardless of the meaninglessness of the advice, the day Steve Jobs needs any guidance from some Microsoft mouthpiece is the day we dump our Macs and switch to Windows.
Related articles:
Microsoft: DRM-free music in Zune’s future – April 05, 2007
>BusinessWeek: Apple-backed AAC format beating Microsoft’s proprietary WMA in music standards war – April 05, 2007
Apple’s DRM-free iTunes play trumps Microsoft’s huge bet on DRM – April 02, 2007
Apple: Higher quality 256 kbps AAC DRM-free music on iTunes Store coming in May – April 02, 2007
Microsoft paints Zune pink in desperate bid to increase anemic sales – March 22, 2007
Apple CEO Steve Jobs’ posts rare open letter: ‘Thoughts on Music’ – calls for DRM-free music – February 06, 2007
Buh-bye: Senior Zune exec exits Microsoft – January 31, 2007
Last quarter: Microsoft lost $289 million on Zune, CE devices – January 26, 2007
NPD: Apple iPod held 72% share of PMP market in December; Microsoft Zune had 2.8% share – January 21, 2007
RealMoney’s Comeau predicts: ‘Microsoft will kill the first Zune media player by midyear’ – December 16, 2006
Zune: Welcome to the social isolation – December 11, 2006
Thurrott reviews Microsoft Zune: ‘a joke, a travesty, I can’t imagine what they were thinking’ – November 28, 2006
Ihnatko: Microsoft Zune experience about as pleasant as having an airbag deploy in your face – November 24, 2006
TheStreet.com: It’s not looking good for Microsoft’s Zune; bad press may taint brand for years – November 24, 2006
Microsoft’s Zune selling like snotcakes – November 15, 2006
Engadget: Microsoft’s Zune software: ‘It sucks’ – November 13, 2006
BusinessWeek: ‘By this time next year, Microsoft’s Zune will be considered a dismal failure’ – November 10, 2006
Forbes: Microsoft’s Zune stinks; like ‘Microsoft Bob,’ only more embarrassing – November 09, 2006
Thurrott on Microsoft’s Zune: ‘The makings of a disaster, what the heck are these people thinking?’ – September 29, 2006
I think he’d just had a liquid lunch with one of the interns before the interview.
He made absolutely no sense whatsoever.
First? What am I doing up this late? Can all posts be put in the question form?
He’s under orders to lie at ever cocievable turn, but we’re going to have to fire this idiot. Nobody is going to believe such incoherent rantings.
I’ll have to teach him to dance, or out he goes.
This reminds me of how Microsoft was complaining about the no DRM deal with the iTunes store. A week later Microsoft was beyond happy to sell music without DRM. does this sound Hypocritical? or are these the signs of a scared company.
Just like what Steve Ballmer said the iPhone won’t sell nobody will like it. Now from what i’ve heard their making their own phone devise off of the Zune.
Say it with me.
Eric Willard is a moron.
Bill Gates is a moron.
Brad Smith is a moron.
And doesn’t Zune add DRM even to songs that originally didn’t have DRM, you know, the songs that you legally ripped from your CD? Accordning to Mr Smith: “…to make their own decisions about how they want to provide that content to the public”. Now why does Microsoft decide for the record labels to add DRM to DRM free songs????
“Microsoft’s top lawyer has warned Apple not to complain too loudly to record labels about music copyright restrictions, saying the computer giant was already selling plenty of iPod music players,”.
Falkirk: One might recall that it was only a week ago that people were complaining that Apple was using their Fairplay DRM to as a device to create “market lock”. In other words, since music purchased on Itunes could only be played on Ipods and since Itunes sells the vast majority of leagally downloaded music and Ipods have a majority of the MP3 market, then DRM was GOOD for Apple.
But Jobs came out against DRM (which some people still contended was insincere) then they made a deal with EMI to sell DRM free music and now they are being chastised by Microsoft – by MICROSOFT! – for using non-DRM to help sell Ipods?
“‘I’m not a big believer in just blaming the music industry for Apple’s inability to sell every conceivable iPod,’ said Brad Smith, senior vice-president and general counsel at the US software giant.”
Falkirk: Well, hell’s bells, I don’t blame the music industry for Apple not being able to sell more Ipods ’cause that suggestion
DOES…NOT…MAKE…ANY…FRICKIIN…SENSE…AT…ALL.
Honest to goodness. Drunk doesn’t cover it. This statement employs some bizarre new form of “fuzzy” logic.
“I did not have sexual relations with that woman, Miss Lewinsky.”
Lawyers do have fuzzy ways of interpreting things.
Music labels are in a slump cause most of the “new” music sucks. Snow Patrol, The Frey, and other all suck. And then you have American Idol…..*rolls eyes*
Yeah. Music Labels, you guys need to get better groups happening. That is why you aren’t selling anything.
I blame Microsoft, for making completely empty DRM promises to the major labels in an attempt to lock everyone into a proprietary format controlled by Microsoft. Had they been realistic, DRM wouldn’t be the albatross for either industry that it has become.
TRANSLATION:
We (Microsoft) are willing to kiss your hairy Corporate ass in ways that Apple just won’t.
Anybody notice “AFP reports” but AFP doesn’t report, in its “full” article, where and when Smith spoke these words? Major and discrediting news reporting flaw.
Brad Smith needs to STFU
I think the M$ lawyer makes sense to me.
He’s saying: Music industry, thanks to Steve Jobs, you’re now an outsider, and we, as outsiders, can understand your plight.
It’s an attempt to get a foot in the door. Given that DRM is being threatened and that Jobs is now seen as the leader toward that effort, M$ must feel that the time is ripe to find desperate and anti-Apple collaborators in the music business.
What is he trying to say?
” ‘I’m not a big believer in just blaming the music industry* for Apple’s inability to sell every conceivable iPod,’ said Brad Smith.”
It seems to me he’s saying that Apple has been trying to persuade the record labels to ditch DRM, because Apple believes that that will result in more downloads being sold. And Apple wants more attractive content available, because that makes the purchase of iPods more attractive.
You know what? He’s right.
All that we’ve heard from the likes of the EFF and other self-important pimps about “Apple wants DRM for lock-in” was just bilge. And Smith knows this as well as anyone. The deal with EMI showed Jobs was serious – as if any thinking person were not already aware that he was.
Microsoft thinks trying to tie people in with DRM is a good business plan. Apple doesn’t. Apple thinks making more attractive content available to people is good for its business.
What Smith never explains is why he thinks increased sales will somehow be bad for the record labels. He’s got me there.
I can only assume he’s trying to send a vague message to content providers – something along the lines of: “Appearances to the contrary, DRM can work; Microsoft can help you here … look into my eyes … you are feeling very sleepy …..”
___
Footnote
*music industry
Why does Smith use this term? Since when has making music been an industrial process? And if Smith thinks it’s become this, rather than being a creative endeavour, why has he any sympathy for the organizations that he must believe have brought about this state of affairs?
He is right of course. Jobs should blame Microsoft as well as the record companies.
People posting to the fake TowerTone – please put it as
@TowerTone “Fraudster”, otherwise it looks like you are giving TT (the real one) a bucket load of shite he don’t deserve.
I suspect that the fraudster has some issues at home and posting here is just a way to prove his ….
Also -TT- no way is it SydneyStephen.
Back on topic, Brad Smith is a lawyer, we knew he was lying the moment his lips moved – like Ian Rogers, of Yahoo! Music, who only the other day, accused ALL iPod owners of stealing music.
MDN MW – “reported” as in It has been reported over the years that lawyers lie when their lips move. what would i know though i aint no lawyer. (covering my ass here)
OK – Let’s get one thing straight from the start…
DRM WAS ONE OF THE STIPULATIONS THAT THE RECORD COMPANIES INSISTED APPLE PUT ON THE RECORD LABELS TRACKS BEFORE ANY OF THEM WOULD SIGN A DEAL WITH APPLE.
DRM is there because record labels WANTED IT!
So who’s to balem for what??… record labels wanted DRM in their downloads, Apple put it in.
To be honest, this is just a Microsft legal flunky trying to put pressure on Apple’s relationship with the record labels.
He probably isnt even an expert is music or record industry law – all he is doing is sticking his shit cover nose into things that have nothing to do with him.
My advise to you scumbag is put your head down, get back to work shoving your face Steve Balmer’s arse and carrying fleecing Micrsoft for all the money you can get.
NOW TRY AND SUE ME.
MS has had their mouths around the c#$ks of content producers since day one. That’s why Vista is rife with it; they’re interested in protecting Nashville and Hollywood, not their consumers.
Quit making stupid statements, and go back to sucking their c#@ks, Brad. Wipe your chin off when they’re done.
At the end of the day Microsoft is only interested in one thing.. ”Microsoft’.
They dont give a damn about how good their products are or their customers or their business ‘partners’.
Doing business with Microsoft is like doing business with a Black Widow Spider, you just know at some point you are gonna get eaten up.
It has always amazed me how such a large corporation has suvived considering that their whole business is based on copying the competition, buying out the competition and re-packaging other companies innovations and screwing business partners and blantant locking out competing companies who offer customers choice and better products.
The main problem is that companies have been screwed by Microsoft for soo long I think they actually enjoy paying premium prices for inferior, bug-ridden software.
I’m so glad people are waking up to Microsofts ways…
Looks like the days of Bill Gates and Balmer falsifying evidence in a US High court monopoly case and getting away without a 20yr prison sentence are over.
@Stefano Jobso
It seems to me he’s saying that Apple has been trying to persuade the record labels to ditch DRM, because Apple believes that that will result in more downloads being sold. And Apple wants more attractive content available, because that makes the purchase of iPods more attractive.
You know what? He’s right.
With friends and lawyers like this who needs enemies?
Please, read the letter to the music industry again. Steve has stated, more than once, that what the record labels think achievable is impossible: a way of distributing digital files that will,then, not be copied (legally or illegally) forward, so let’s do it with that DRM once and for all.
But Steve’s real motivation is not the bullshit that moron Smith says it is: Apple wants to get rid of all those European countries legislation entanglements it will get in if it keep the DRM (which the labels asked prior to letting Apple star the ITMS).
Microsoft is just pissed at Apple because Apple just devalued Microsoft’s DRM initiative. And what a stupid comment by a so called top lawyer!
Well of course Apple wants to make their products more attractive to customers but in no way are Apple saying that DRM should be abandoned so that they can sell more hardware – irrespective of the qualities and issues surrounding DRM itself. The bottom line is that Jobs has issues with DRM in relation to how it allows you to use and access your music – irrespective of you being an iPod owner.
Hmm. People in Redmond seem a little tense these days. Probably from having to dodge chairs hurled about by Ballmer in a blind primate rage.
Q: How can you tell when a lawyer is lying?
A: He’s speaking
” In fact, I think the music companies are the ones who right now are doing a little less well,'””
They should stop chruning out so much crap then. Profits are not a birthright of any company. You have to turn out a good product to deserve them.
“‘I believe that, fundamentally, people who produce content and who own the rights to that content deserve the opportunity to make their own decisions about how they want to provide that content to the public,'””
And the public has a right to determine if they want to accept those terms by not purchasing that very product. They also have a right to not purchase something that is an overpriced ripoff.
what a bloody prawn.
the day Steve Jobs needs any guidance from some Microsoft mouthpiece is the day we dump our Macs and switch to Windows.
the day Steve Jobs needs any guidance from some Microsoft mouthpiece is the day we dump our Macs and switch to Windows.
the day Steve Jobs needs any guidance from some Microsoft mouthpiece is the day we dump our Macs and switch to Windows.
…… Mac’s forever!
‘At the same time I wouldn’t go as far as Steve Jobs did and suggest that everything is the fault of the record labels,’ he said. ‘I believe that, fundamentally, people who produce content and who own the rights to that content deserve the opportunity to make their own decisions about how they want to provide that content to the public,
DRM is used as a tool for control, not only for what the consumer can’t do with their content, but for what devices the Record Labels want to control.
Basically this lawyer is telling the Labels they will lose control if they give up DRM.
Microsoft is scared because Apple would further cement themselves in the eyes of the public, being viewed as a liberator of their content. This is good for Apple as it would insure future sales of hardware based upon loyalty.
Microsoft has built up this perception with the Labels that they can adequatly protect content, the fact is they can’t.
Microsoft can’t even protect their own Vista, it’s been soundly cracked.
Microsoft’s lawyers should shut the hell up as they are dumber than all of them! DRM was imposed on Apple from the very beginning from the music labels. The record labels said either you put DRM on all the music you sell or we won’t let you sell anything. So Apple followed there rules.
Microsoft’s lawyers are the prositutes of the record labels and the RIAA who are the pimps. What do they know about selling music? There just scared because they said DRM was the way to go and now that is starting to fall apart right on top of there prostituted little heads, idiots!
the top lawyer for Microsoft should not be spending any of his time giving others free advice. He has a full time job keeping Microsoft out of hot water and jail for their business practices. Brad needs to focus again on calling Google a monopoly.
Microsoft’s advice is worth just what Apple paid to buy it.
I don’t blame the labels, I blame Brad Smith.
I wonder if anyone had a hard time recognizing what Brad was saying, since he probably had the spunk of music company executives gargling in his throat.
MS is the bitch of content producers. If you use windows, you’re microsoft’s bitch.
Oh brother…
MS is starting to look and act like the little school yard piss ants they really are.
What’s next, my daddy can beat your daddy up?
This whole DRM thing is confusing to me. If someone is legally purchasing a track, why are the music companies concerned about that? After all the music I’ve legally bought from iTunes and emusic, do they really think I’m going to just give it away on limewire or something? I paid for it. Maybe I’ll burn a disc for a close friend but that’s about it.
Am I missing something here?
microsoft’s lawyer gives Apple advice? Ha Ha Ha… Son, why dont you just go eat shit & die before mouthing off a full load of shit. Listen stupid, the music labels are to blame for DRM just like your client microshit is to blame for the state of pc computing today, nothing but virus & malware everywhere, now you should look up to Apple & learn a few thing it’s doing and stop kissing your clients ass & now the music labels, another bunch of morons.
“Q: How can you tell when a lawyer is lying?
A: He’s speaking”
little repsect please, we’re talking about the next atty general here.
I’ll have whatever Smith is smokink! Brah ha ha ha!!
Hey Brad! You should stop worrying about Apple and focus on Microsoft.
Quote from Pirates of Silicon Valley: “if he’s not careful he’s gonna wreck the place”
Turn that one around.
Just why is it that Microsoft’s top lawyer is giving unsolicited advice to Apple?
What’s it to him?
Actually, Microsoft is to blame for DRM. If they had their way, everything would be DRM’d and we be renting our music.
“little repsect please, we’re talking about the next atty general here.”
I’ll have to expatriate if that happens.
No surprise that MS would have a dig at Apple using a lawyer. Microsoft is a legal/marketing firm, not a software firm!! Search ‘Preston Gates Ellis’and maybe throw in Abramoff too.
Oh hell, here’s a link:
http://en.wikipedia.org/wiki/Preston_Gates_Ellis
He’s just trying to suck-up to the record labels.
“See record labels, were bashing Apple. We’re on your side!”
@ Cylon
The record companies THINK that the reason that sale for their music is down is because everyone must be stealing their content.
Because of that they THINK wrapping music/video/etc with DRM will prevent this from happening.
Therefore, they think DRM will be THEIR savior.
AND MS is saying to the Music Companies we can do this for you and save you from ALL those listeners that are stealing YOUR music (product).
This is why I think we are hearing from the M$ legal department. Its really a message to the music companies – “look we support you. Bad old Apple is taking away your product, work with us and we’ll protect you, we have the technology.”
The problem is the music companies have lost focus on the real problem – its the quality that effects sales. Instead of THINKING your customers are all thieves they should try to provide good product (music).
Why would anyone want to buy product that sucks from someone who THINKS you’re a thief??
My 2 cents.
This Brad Smith character is a great asset to the anti-Microsoft community. Almost as much as Ballmer.
Just keep digging, buddy…
right, which is why indie labels who sell their songs without DRM on other stores have been able to sell them without DRM since day one…
right?
apple’s hands are just as dirty here.
mw. research. do it.
99% of lawyers give the rest a bad name
Thanks Matrix3, I think it’s about quality too. Of course for 99 cents a track or about ten bucks for an album, the days of “it’s too expensive to buy a cd just for one song/the album is too expensive” are over. It is stealing in my opinion but these dudes can’t stop it, just like they can’t stop drugs. And as usual the people who want to do the right thing end up having to jump through hoops, the people who don’t care just find a way around all this stuff.
@ Cylon:
Yes, thats the shame of it all.
The very people who are doing the right thing are being hurt based on the misguided judgment of the music company executives.
The music executives probably don’t even listen to the music they sell.
And then there M$ who is telling the music industry – “we can help you chain your product and protect you from all those thieves out there who are stealing your product.”
And those that M$ claims they can prevent are the very ones who speend the time and money to break the DRM.
It’s the legitimate users who pay for the music that gets the raw deal.
My 2 cents.
Apparently their top lawyer is just as big of an ignorant asswipe as Gates and Ballmer.
It makes perfect sense. MS is positioning itself as the Hollywood’s best friend in “protecting” their rights, consumer be damned. Forget Zune, look at Vista. The “we’d like a DRM free deal” too is just obligatory lip service.
MS is looking for every conceivable opportunity to kiss Hollywood’s ass. It’s that simple.
What’s fascinating is how MS has wound up on the other side of the trends that made the Microsoft. The Mac is now a more open system than the PC. MS is busy make Windows a closed, DRM-enforcing system, a complete reversal of the wide-open PC architecture that made MS (and Intel) rich. For the first time they are ON THE WRONG SIDE OF HISTORY, and damn is it sweet to watch.
I only hope that Mr. Jobs, not known for embracing open systems, sees this irony and opportunity. As in let the Hackers play with Apple TV, and someday, document the damned ipod. Allowing hackers to use a screwdriver and open up the toaster doesn’t break the toaster experience for the rest of us!