Charles Wiltgen responds to Cory Doctorow's 'DRM is bad for business'

> all you need to remember to do is burn the tracks you've bought onto a CD...

In all this discussion of Apple's DRM, people conveniently limit the discussion to how iTMS handles music files. iTunes allows a fairly simple method of circumventing the DRM limits on music files by burning a Red Book Audio CD. But it is important to note that Apple's iTMS DRM already does not allow an analogous usage right for video content. Also Apple's iTMS usage rights have changed over the years. Former Apple Quicktime Evangelist Charles Wiltgen says, "Meh!".

Just don't be surprised when iTunes version X comes out on the same day as the new holographic iPod and in exchange iTunes no longer allows you to burn your music to an audio CD.

Most of you arguing that DRM is fine have horribly flawed arguments (it's not illegal to sell DRM free content - look at eMusic, when you burn and rip you're not getting around the DRM, you're working with it, etc.)

Hawk - you'll probably never read this because it's buried in the comments, but here it goes anyway. Your analogy is probably the worst misrepresentation of DRM that I've ever heard. Here's something a little closer to how it really is:

You go to a farmers market and buy a green pepper but it's covered in a layer of rock that will only open when you use it how the farmer chooses to let you use it. If you try to sell the pepper to someone else, they won't be able to open it. If you want to let your friend borrow it to use as a decoration, they won't be able to use it because instead of a nice green pepper, they'd be displaying an ugly rock. Finally, you decide that you don't want to deal with the dumb, rock-encrusted peppers anymore and try to plant your own. However, you find that the farmer removed all of the seeds so you can't. To make things even worse, the farmer originally told you that you could serve a dish for up to 10 people with his pepper, but after you got it home he changed the terms so that you could only serve 7 people the same dish. Now you have to make 2 different dishes to serve your 10 guests.


That said... I have purchased a number of things from the iTMS and for the most part haven't had problems with the restrictions (I also work for Napster, but that's another discussion). What really grates on me is that some albums are more expensive on the iTMS than on CD. That's just insane. There's no way I'm going to pay more to be able to do less with my music.

There are 2 other points I'd like to make (if anyone is still reading). First, the only people that DRM is harming are the legitimate, paying customers. All (or at least the vast majority) of the content for sale in DRM-laden formats is available for free, in an unrestricted format (through illegal channels). If someone is coming to you and buying something, why are you going to reward them with something that doesn't work as well as the stuff that's out there for free? It's either an inherent distrust of your customers (which is a bad thing) or you're trying to lock them into a specific platform (which is even worse).

Second- DRM is an arms race. As soon as the protection is broken (which it always will be, read here: http://www.everything2.com/?node_id=1543174 for more), the content providers will respond by creating even more restrictive systems that will end up making things even worse for their paying customers (see DVD vs. HD-DVD/Blu-Ray for a real world example).

If you want to read more, from someone who spends a whole lot more time than I do in this stuff (and is a Harvard graduate to boot), check out:
http://blogs.law.harvard.edu/cmusings/2006/08/03

I've also got a growing collection of good articles on DRM at:

http://del.icio.us/SubFuze/DRM

DRM Keeps me from using purchased AACs from the iTunes music store in my software DJ applications (Traktor, Final Scratch, etc). This alone has kept me from buying from the ITMS (which I used to ALWAYS do) for the past year and a half. Apple has lost a customer - one who regularly purchases their music online (always these days) - just now from eMusic, Bleep or Kompakt instead of iTunes.

DRM other than this has never bothered me much.

DRM - shmee-RM. My family and I have purchased thousands of tracks from the iTMS and DRM has never gotten in the way of my enjoying them. Why does every DRMalista think the world is going to implode? Geez. Find a *really good* evil to crusade against, why don'tchya? Like organized religion or something.

Doctorow's arguments in this article speak directly to Apple's Fairplay and lack the full depth and development of other articles he's written about DRM. In a speech to Microsoft employees a couple years ago he develops those arguments fully and it is a fascinating read.

He knows and understands full well that Apple had to use DRM when the iTunes store was being developed and as this current article points out, Fairplay's DRM is relatively benign compared to others. But obviously he thinks Jobs should use his influence and power to move the industry away from DRM.

I have no use for DRM and as long as I have an DRM free option for accessing my music, I'll use it. When that option no longer exists...

When that option no longer exists the world will be turned upside down. A Gucci bag costs hundreds while an exact duplicate turned out in Malaysia can be had on the streets of any large city for about $20. The pirated version is always worth less than the real. But should the day come when music is legally available only with DRM, the pirated version coud be worth more than the real. An amazing thought, isn't it?

Doctorow lost his way. He's barking at Apple for implementing a (mild) DRM System that is in a way required by law.

Meanwhile, he fawns over everything Disney which is clearly the bigger evil:

- They pushed for an extension on Copyright.
- They pushed part of the DMCA

Yet, he has no problem singing the praise of the Mouse Empire everytime they do something.

I think his real motivation is something completely different: He is pissed at Apple that they have become successful and are now more mainstream, he's not the only cool one with a Powerbook anymore at one of his conference. Poor Cory.

A couple things, first to ryanh who said, "You can actually legitimately strip the DRM from any iTunes purchased song by burning it and re-ripping it." No, you can't. You can strip the DRM from any iTunes purchased song by burning it and re-ripping it, but not legitimately. You are violating the terms of service that you agreed to when you do that. The fact that their DRM is easily defeatable is not a good selling point, it merely proves that there is no good reason to have it in the first place. And that's leaving out the fact that you have to go back in and recreate all the track info after you re-rip it, which is an annoyance.

Second, I think the thing that worries a lot of the anti-drm people is when they read the comments that a little DRM is ok. The problem with that is the slippery slope effect. Maybe Apple's implementation of DRM doesn't cause you any troubles yet, but are you really positive that will always be the case. They have already shown a willingness to take away permissions you had when you made your purchases, and again, that is in the terms of service you agreed to.

Finally, someone needs to point out the assbackwards logic here. There is this doom and gloom propaganda that if the ITMS files don't have DRM then nobody will ever buy anything. It is complete bullshit. The vast majority of the things people are buying from ITMS are already available on P2P networks for free, and in the case of ITMS video, in much better quality. Yet still, people are paying for media from ITMS. Now, if someone is willing to spend money on a DRM encumbered file, why on earth would they not be willing to spend money on one without DRM? There is no value added for the consumer with DRM, just the potential for future headaches. And that is where this whole thing is backwards. Companies should be finding ways to add value for the consumers with digital media, not finding new and annoying ways to jack the files up.

I know the popular argument is that Apple has to have DRM or the media companies won't let them sell the content. I'll agree that there is something to that. The media companies, in their behind the times ways, are certainly involved. But I'm only giving them 50% of the blame because I'm still cynical enough to believe that Apple loves using the DRM to lock devices out of ITMS. They can talk all they want about ease of use and making it a great experience or whatever other marketing spin. At the end of the day though, it's just a song, it's not that hard to let it play on every player.

If you're going to buy DRM'd music from iTunes all you need to remember to do is burn the tracks you've bought onto a CD fairly soon after you've bought them.

This gives you a DRM-free backup of your music which you can always revert back to, even if Apple retrospectively alters the restrictions in FairPlay. It also gives you a backup in case your hard drive melts or your girlfriend steals your MacBook -- not a bad thing.

Some people may consider this inconvenient, but I consider it more convenient than ordering a CD and having to wait for it to be delivered, or even journeying to a physical music shop, searching for the CD and eventually finding its not in stock.

Chris Tucker, I agree with you 100%. It's unobtrusive to me. I don't mind it. I think it's a good way to keep record companies selling to the iTMS, so it benifits us all.

The vast majority of iTMS users don't care about DRM. They DO care that iTMS is fast, seamless, and delivers a high-quality track to their iPod for a pittance.

Cory, you are NOT the target audience for iTMS.

Cory, you have NEVER been the target audience for iTMS.

Cory, you will never BE the target audience for iTMS.

The target audience for iTMS is not the geek world. It is Joe and Jane User, with their Dell or iMac.


Plug in the iPod, click a few buttons here and there, POOF! There's music or video on the iPod for the morning and evening commute. POOF! There's music or video on the iPod for the gym.

I'm still running OS 9 for a variety of reasons, US$129.95 of them, to be precise. So I can't access iTMS. So I ripped all my CDs via iTunes v2. I download from other sources, practically all of them free and legal MP3s, and from LimeWire, et all, only tracks I already have on vinyl.

When I finally make the jump to X, I'll be using iTMS a lot. and won't care a damn about DRM.

If I want to strip the DRM, I'll just use WireTap or similar.

Nah, that's too much like work. Screw it. I can easily live with the modest and unobtrusive DRM.

And, oddly enough, I would guess that practically EVERY OTHER customer of iTMS easily lives with that same DRM.

How many billion files has iTMS sold since it went online?

The Free Market has spoken. The Invisible Hand is, it seems, holding an iPod.