I don't think anybody likes DRM. Customers certainly don't like it: they want to listen to music and watch video where and when they please. I don't think it's that popular with the content providers, either, because it's not a perfect solution. It might cut down on some piracy, but by no means eliminates it entirely.

DRM has come up recently in a few places, and companies have set up camps at two ends of the spectrum. Amazon.com is doing a booming business selling DRM-free music, sometimes for better prices than at the iTunes Store. On the other hand, we have NBC, who may or may not be partnering with Microsoft to create device software that (somehow) determines if a particular music or video file has been stolen.

As much as I'm sure that both Zune users would appreciate having access to NBC's video library, the problem remains of how exactly Microsoft would do that, aside from splashing giant watermarks across everything. My money's on unicorn tears.

How much more investment will there be in DRM before content providers realize it's an inefficient, ineffective way of deterring piracy? Sound off in comments.

As many, many readers noted, a new iPod touch ad appeared on TV over the weekend, and Apple has now posted it on their site. There's a long story behind this one that I hadn't heard yet, it would seem that the ad is a product of TBWA/Chiat/Day, just like most of Apple's ads, but the idea actually came from an 18-year-old English guy named Nick Haley. Nick created the ad (his original cut is above) back in September as a homage to Apple's new iPod, and it looks like someone in Cupertino noticed (or at least someone on Madison Avenue).

This might be old news to most of you, but I hadn't heard it and it's a good story. Apple has a reputation for getting their advertising from other sources, and it's nice to see them acknowledge an ad that came from someone who really loves their products.

Special thanks to reader running for figuring this one out for us: the song used in the ad is actually the same one used in this super weird Zune ad from last year. Even when Apple is completely upfront about the origin of their ad, they can't seem to keep from colliding with competitors in the same space.

Update: Calling it the iTouch was completely accidental, and I apologize. You guys are right-- it's the iPod touch, and I'm sorry for mistaking it. I guess the word was sitting in my brain and just wanted to come out.

Gosh, I love Woot.com. Not only are they based in my original hometown (St. Louis, MO, also home of Fried Ravioli and the Bowling Hall of Fame), and not only do they have some great deals on their site (they sell just one item per day, usually at lower-than-normal prices), but they are insightful and funny people. Take, for example, today's item-- it's a Zune (that non-Apple mp3 player that you may have heard of). When Woot offered the Zune a little while ago, not only did they make headlines, but Apple fans really enjoyed it-- it took Microsoft's mp3 player a full 23 hours to completely sell out, even at the low price of $150.

And now, as reader Jon points out, Woot is giving Apple fans another chuckle. Not only is today's Zune on sale for $130 ($20 less than before-- and it is sold out as of this writing), but their description text is a pitch-perfect parody of another mp3 seller who's had to announce falling prices on one of his products. And they've even offering a coupon back to their previous Zune customers-- as they say, "we want to convincingly pretend to do the right thing for our valued Zune customers."

It's Jobsian parody worthy of Fake Steve. Very nice job, Woot.

Thanks, Jon!

Of all the rumors coming out around tomorrow's big Apple event, this one is the strangest: The Circle. Engadget has it on good authority (a.k.a. a French blog called "generation mp3") that Apple, in an ironic turn, will steal an idea from the Zune and start their own "social" concept, called The Circle.

What exactly that entails, no one seems to know. Wifi sharing? Web radio? iPod-to-iPod connections? Steve will choose a new Lion King? Anything (and nothing) is on the table.

While it would be nice to see a way to transfer music and video between iPods, a closed concept like "The Circle" seems un-Apple, and so of all the unsubstantiated rumors, this seems the least substantiated. I have no doubt at all that we'll see a new iPod, and it's turning out to be pretty likely that both a touchscreen and a new Nano are going to appear, as well as a CoverFlow interface in one or both. But "The Circle"? Don't hold your breath. We'll find out tomorrow morning at noon central.

Song Sender allows you to pick a song from your iPhone's song library and send it to a friend via email. If you'd like to use a song from your library as a ringtone, you can do that too. Install the package into your iPhone using your favorite installer application. When run, the software reads through your library, creating a scrolling list of your songs. Tap any song and you'll be prompted with three choices: play it, send it by email, or add it to your ringtones.

It practically reaches Zune-levels of squirting functionality! Small print: Fair use only. This software is not intended for pirating purposes. Use your powers for good, not evil. Do not take internally. Software is not a substitute for advice provided by a doctor, lawyer, or the EFF. In case of rash, itching, or swelling seek medical attention immediately. This software was brought to you by the letters E. r. i. c. and a. Do not use SendSong to install iTMS-purchased tracks as ringtones.

Update: Version that does not rely on whether you've installed /bin/cp is found here.

I'm a little skeptical about this one (who is the Eagle Research Group, and why are they polling people about iPhones and Zunes?) but a new study from the ERG says that a whopping 70% of Zune users are actually planning a switch to the iPhone. And perhaps even more revealing, 36% of Zune users say they never would have bought one if they'd have known Apple would produce something as "ground-breaking" as the iPhone (well, duh).

Of course it's not news that the Zune sucks, and it's definitely not news that the iPhone is a revolutionary little device. But it's an interesting idea that while the Zune has been fighting to stay alive ever since introduction, it might be the iPhone that actually puts it out of its misery.

The social hasn't been quelled yet, though. Of the Zune users keeping their phone, 43% say the reason they don't want an iPhone was the lack of storage space for music (which is kind of an obvious conclusion when you're comparing a phone and a music player, innit?). And 22% of those sticking to the Zune say the reason for doing so was simply an overall dislike of "all things Apple."

[via DF]

From the entry way at Zune headquarters, we bring you today's Flickr Find: the iPod Amnesty Bin. Yeah sure, it's probably "art" more than it's a real "amnesty bin"--but it says something that upon seeing this picture my heart skipped a beat. It's like seeing adorable puppies in a pound. I instinctively wanted to grab those poor sweet neglected iPods into my arms and give them a proper home. Someone ought to notify the association for the prevention of iPod cruelty.

As one of the posters at the Flickr page points out, this makes you wonder exactly how many of these iPods were bought by the Zune team to seed the bin and make their point--to which I add, I wonder how quickly that bin is emptying as Zune employees wave goodbye for the day.

Engadget is reporting that a rumored firmware update to Microsoft's Zune DAP (Digital Audio Player) could usher in wireless downloads from their Zune Marketplace digital media store. No word yet on whether these would be all-you-can-eat subscription downloads or purchases made via the Zune Marketplace's points system, but regardless: if Microsoft gets this out in the near future and Apple hasn't stepped up to the plate (possibly with wireless iTunes downloads to the iPhone), they'll be one of the last major players in the DAP market that hasn't snipped the chord on downloading yet. Mobile phones and services from the likes of Cingular, Sprint and Verizon are all enabling wireless downloads, with Sprint recently matching the iTunes price of $.99 per song.

While Microsoft doesn't seem to be causing any loss of sleep for Apple in terms of iPod sales just yet, wireless downloads is one of the undeniable holy grails that digital media lovers everywhere have been clamoring for since the rumor mongers first began posting their silly claims of 'wireless iPods any day now' many years ago. I wouldn't be surprised if the debut of this feature alone made at least a few potential iPod switchers finally make the leap to black, white and brown waters.

Think about this. What if Microsoft gave Zunes away, the same way phone companies give away cell phones, and collected their money from the Zune Pass all-you-can-eat subscription program instead? You'd sign up for a one- or two-year contract for the service and get the hardware thrown in. That's the idea posted over at Wired where Jason Reindorp, marketing director for Zune, is basically quoted saying it's an idea that Microsoft has been kicking around.

Could a cheaper-made (perhaps flash-based) Zune swing the deal? Would it put Zune on a footing to compete with the iPod monolith? It certainly opens new possibilities.

For $15/month you can load up a Zune with a wide (although not exhaustive) catalog of rental music. Your music plays back for the length of your subscription and your credit card is automatically charged each month until you cancel. Of course, for the same $180/year you can purchase quite a few iTunes albums and singles (or go completely wacky at a used CD store or swapping service like lala.com), but you can't jump onto an actual iPod subscription model.

Subscription models are surprisingly nice. All the music you want, when you want it, without much in the way of limits. If you feel like listening to Nirvana one day and Barry Manilow the next, a subscription model means you can sample without commitment. It's a perfect match to the "for now but not forever" mindset. Sure, if you find something you absolutely love, you can go out and buy it but subscriptions give you the aural equivalent of an all-you-can-eat buffet (and, sometimes, a similar need for antacid.) With a subscription, Billboard's top music can always be in your pocket.

If an iTunes subscription model was available, would you be willing to try it out? How much would you agree to spend per month? Less than Microsoft's $14.95? More? What dollar amount would you put on such a service? And if iTunes left out album-only tracks the way Zune Marketplace does, would this be an insurmountable barrier to you?

Earlier this week, Apple and EMI broke some serious ground in the digital music industry by announcing DRM-free music across the entirety of EMI's catalog, beginning with the iTunes Store. In the conference call, Steve Jobs cited interoperability as a key reason for the move; songs downloaded from the iTunes Store can only be played on iTunes, the iPod and other Apple products, and the record labels EMI decided to do something about this handicap. Everyone, from consumers to the EU, have been asking for the abolishment of DRM, and reactions to Steve Jobs' Thoughts on Music essay (which more or less agreed with us) ran the gamut, from Cory Doctorow's shoot-from-the-hip-and-not-from-the-head call-out to general intrigue and interest in what could actually happen to an industry when one of its front-runners calls for change. Regardless of what was said, EMI has taken the first step into a world of selling legitimate digital music sans-DRM through the iTunes Store. The big question, however, is how truly interoperable iTunes will allow these new downloads will be.

iTunes Store songs are in the AAC file format, not MP3. While this arguably standard/non-standard file type is considered by some to be proprietary to Apple and/or the iTunes Store, this is entirely not the case. Plenty of other software and DAPs (Digital Audio Players) support the AAC format, even including, as John Gruber points out, Microsoft's own iPod competitor, the Zune. If these non-Apple products don't support AAC, they easily could with a software plugin or firmware upgrade.

More important, however, is the fact that the iTunes Store is still the world's most popular legitimate digital download store, and that popularity could skyrocket even farther once they unleash these much, much higher quality downloads (higher than any digital store I know of) in a legitimate, affordable and DRM-free download. The newfound interoperability that Apple is boasting for its present and soon-to-be customers could meet a roadblock, however, if the company doesn't build compatibility for non-iPod devices into the iTunes software itself. While customers can buy DRM-free AAC files through the iTS, iTunes is still the gateway for easily moving those files from one's computer to a DAP, and the claims of interoperability and unparalleled experience could crumble quickly as consumers plug in their Creative Zens, Microsoft Zunes and [insert non-iPod here], only to find out that iTunes scoffs at their non-Apple-branded device.

Will Apple support other DAPs in iTunes? Could we see a 'sync with TiVo' option in the preferences of a forthcoming iTunes 7.5? Time will only tell, but Apple and EMI just opened the doors on the issues of DRM and interoperability - we'll just have to see whether consumers who own something other than an iPod are actually invited to the party.

Have you ever held an iPod, looked at it, and thought to yourself, "Dang. It's just not Zune enough"? Are you looking for ways to Zune up your iPod? If the lack of wireless music transfer has held you back from truly enjoying your iPod to its fullest, is it possible that you can now rejoice?

Our sister blog Engadget writes about a new iPod attachment that supposedly gives iPods Zune-like music-transfer abilities. Although the NBC News report shown here suggests the device will be available by Christmas in major retailers like Best Buy, Engadget recommends you don't hold your breath. They remain skeptical as to whether the device will function as advertised--even within the promised 15-foot radius.

Here's a chuckle from the forums over at MacRumors. Poster GFLPraxis, who works at the Spokane CompUSA, scanned this advertisement tag for the new Zune special. For only $249.99, you'll not only get a spankin' new Zune but also a $15 iTunes Gift Card. Now that's an inducement to buy the Zune! If only Apple would license FairPlay.

Although these tags should reflect what's printed in the circulated advertisements, this one didn't quite match. It was caught by the store manager, who passed it around the store for laughs.

Click the image to enlarge it.

An article at today's New York Times allowed Jason Reindorp, Zune marketing director for Microsoft, to rebut Steve Job's open letter on DRM with some fairly harsh quotes. He calls Jobs' suggestion that the music industry might license their offerings without DRM, "irresponsible, or at the very least naïve...It's like he's on top of the mountain making pronouncements, while we're here on the ground working with the industry to make it happen..." Reindorp called Jobs a "master of the obvious", suggesting that DRM restrictions are already loosening within the music industry.

Once again, we are grateful to Microsoft spokesmen for letting us know how music sales should be properly done.

Microsoft's Entertainment Devices division posted a $289,000,000 loss this year, as revealed earlier this week. Australian PC World reports that Bryan Lee, corporate vice president of Microsoft's Entertainment Devices division has "retired" from Microsoft to pursue personal interests. And to spend more time with family, we presume. Lee, who headed efforts within the Xbox, Media Center and Zune groups, is handing over the ropes to J Allard, corporate VP of design and development, who will take over "full responsibility for the Zune". Even the brown ones.