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TMO Reports - Real to Sell iPod-Ready Songs in Running Apple Tiff
by , 7:10 AM EDT, July 26th, 2004
The fued between RealNetworks and Apple Computer over the Mac makers refusal to license its digital rights management (DRM) technology is expected to heat up another notch Monday as Real has announced new software that allows songs purchased through its online music store to be played on any portable media player, including Apple's iPod.
Until now, other companies have been unable to offer people the ability to buy music from their service and play it on the popular iPod, which is the best selling portable music device in the world. Apple has blocked that ability by refusing to license the use of its FairPlay DRM to companies seeking iPod compatibility.
Songs bought through the iTunes Music Store are encrypted using FairPlay, which works only with the iPod. In addition, the iPod doesn't support DRM technologies used by other services, like Windows Media Audio and RealNetworks' Helix technology.
But the RealNetworks technology has apparently broken through Apple's technology using reverse engineering to gain the ability to play its music files on an iPod. RealNetworks did not seek permission from Apple before releasing the software.
In April, RealNetworks chief executive Rob Glaser sent an e-mail to Apple CEO Steve Jobs, asking him to license Apple's Fairplay. Jobs never replied telling analyst at the time that Apple's dominance in the market gave it little reason to partner with RealNetworks or anyone else.
The controversial move could trigger legal action by Apple after it tears apart the RealNetworks code of the new technology called Harmony to figure out if it legally violates any copyright. Mr. Glaser said his company had not violated any of Apple's intellectual property rights. "We have excellent lawyers and they assure me that we are 100% within all of the legal precedents and the letter and spirit of all laws," Mr. Glaser told the The Wall Street Journal.
As for Mac users, the Real announcement could offer additional choice down the road of where to buy music which has been unavailable until now. People familiar with the RealNetworks technology tell The Mac Observer RealNetworks could decide to release a new version of RealPlayer for Mac in the future that would allow Mac users to buy songs at 99 cents each from Real's Rhapsody music service and play them on their Mac or on their iPod. Initially, Real will only offer an iPod compatible vesion of RealPlayer for Windows users. RealNetworks has made no announcement that it plans at this time to release a new Mac version of RealPlayer to offer such compatibility.
"A long time from now, people will look back at our announcement and say it was a great benefit for Apple," Mr. Glaser told The New York Times.
In an interview with the The Wall Street Journal, Mr. Glaser said he feels the best way for everyone to reap the benefits of digital music distribution is for all companies to have one, uniform standard, instead of different standards from RealNetworks, Microsoft, Sony and Apple, to name a few.
"There's a format war. It's clear to us you're not going to get past the early-adopter phase unless you solve that problem," Mr. Glaser told WSJ.
An Apple spokesperson had no comment on the Real announcement.
Observer Comments
QuoteA long time from now, people will look back at our announcement and say it was a great benefit for Apple," Mr. Glaser told The New York Times.
Ha!
Hahahahahahaha
Glaser is such a humanitarian.
And what's with the record companies? Talk about being passive aggresive.
Quote"Up to now, the world of downloads has been far too close to a world where the CD you buy in one store wouldn't play on the CD player you bought in another," Larry Kenswil, president of Universal Music's eLabs division, said in a statement. "We applaud RealNetworks' efforts to help correct this situation and appeal to all people and companies in this area to work toward a world of universal interoperability."
Record companies encouraged non-interoperability by requiring DRM in the first place. It's hard to pin down who's actually the bigger PoS...Glaser or Big Music.
Mon Jul 26, 2004 9:11 am Subject: Apple Will Find A Way To Kill This
I didn't understand why Apple wouldn't work with Real to start with.
Apple want's to sell more iPods. Apple makes more off of iPods than off of iTunes songs. Having companies out there selling songs that will play on iPods will help to drive sales of iPods. Seems like a no brainer to me, but then I'm a geek not a marketing wonk or a lawyer.
Mon Jul 26, 2004 9:57 am Subject: It's not just about iPod...
Apple wants to make money on both. And supporting other companies' money-losing ventures with the iPod isn't in their best interest. At the margins Apple makes on music, they need volume to be profitable. The analysis they'd have to support for not fighting is something like the following:
Allowing Real customers to more easily use the Real service with the iPod will both increase sales demand for the iPod AND increase the total demand for the legal download market such that we (Apple) sell more than we would if Real had not released Harmony. That is, we will gain more online music customers from this than Real will.
I doubt that anyone can make that case internally at Apple. One of the mystic analysts could make it, but I doubt that I would find it to be convincing. I don't think Apple management will find it convincing, either.
Mon Jul 26, 2004 10:44 am Subject: Reuters Got This Wrong
In the article from Reuters about this subject they said "Until now, the iPod has only supported digitally protected songs, which carry restrictions on their use, purchased from Apple's own iTunes Music Store."
Far from accurate. iPod supports AAC (up to 320 kbit/s, protected and not protected), MP3 (up to 320 kbit/s), MP3 Variable Bit Rate (VBR), WAV, AIFF, Audible.
Usually Reuters is pretty accurate in their reporting, but this time someone got lazy.
Mon Jul 26, 2004 11:03 am Subject: Keeping Apple Pure
The one reason I could think that Apple wouldn't want other DRM-enabled music stores to interface with the iPod is to assure a consistent user experience. And with the level of support that alternate media players offer on Mac OS X, I as a user would be concerned about ongoing support. I mean, look at the Windows Media Player on OS X.
What I find amusing is all the folks who somehow think it is their right to benefit from Apple's success with iTMS. They took the risk, they made the investment, they set the rules. If you don't like it, there are countless alternatives in the Windows space...
Mon Jul 26, 2004 11:09 am Subject:
This is less about the iPod and more about clout in the music business. The higher the sales volume the better the distribution terms.
Before being branded a legally established monopoly (similar to Microsoft's legal status in the OS business established in the original anti-tust trial and held up on appeal), Apple will license FairPlay and open the iPod to WMA support.
Until Apple comes close to reaching that point the company will leverage the iPod's popularity to gain influence and market domination in the digital music distribution business.
Regardless of the number of services that may eventually offer music for sale with iPod compatability, I'll continue to use iTMS for the benefit of integration through iTunes.
However, opening the iPod to other services may in the long-run help iPod sales and keep Apple from the risk of establishing a legal monopoly and thus having restrictions placed on the manner in which Apple can use its dominant position in the digital music distribution business to benefit other product sales.
The halo effect from iPod sales (people choosing to buy a Mac after exposure to Apple products via of the iPod) is important to Apple's continuing growth and increasing profitability.
Mon Jul 26, 2004 11:29 am Subject: Is there really harmony in Harmony?
I would be surprised if there is. Generally people use iTunes to move music to the iPod. It is an elegant design and the "industry standard" when it comes to the iPod.
For Harmony to work on the iPod there is going to need to be a way to not only make the downloaded music compatible with the iPod, but also a simple way for the music to be downloaded into iTunes. Any other approach, such as burning a CD then loading into iTunes, defeats the basic compatibility objective. Full integration is going to probably step on a few of Apple's toes, in a legal sense, Does this get down to a situation where Real violated Apple's license to meet their goal or is there some sort of Rube Goldburg procedure to move the music around?
I have a feeling that the lawyers are going to make more money on this than Real.
Mon Jul 26, 2004 11:47 am Subject: Volume won't necessarily bring better terms
QuoteI don't think we've seen this yet, and I don't expect that we'll see it until the total market share for legal downloads is somewhere from 25-35% of the total music market.The higher the sales volume the better the distribution terms.
In fact, I think that what you'll see is potentially that the reverse will be true in the near-term. Popular services may be targeted for "special" attention from the big record companies as they experiment to try to see just how much they can squeeze consumers and resellers in this market. Blaming tech companies for not working together is just good tactics on the part of the record companies. That Glaser makes it easy for them to deflect attention from the real deficiencies of the legal download market (deficiencies created by the record companies themselves) shouldn't win him any points.
You'll see Steve Jobs embrace Glaser in a heartbeat when and if Glaser ever does something that's designed to grow the market. Glaser is wanting to fight over the existing market now -- and doesn't necessarily want it to grow in the process -- because he knows that if the market expands too far before his market share numbers change for the better that Real will simply end up with a smaller piece of a bigger pie. And he can't accept that,even if it will eventually make him more money. It's not surprising that Jobs doesn't want to play into that.
Mon Jul 26, 2004 1:46 pm Subject: Real's Master Plan
QuoteGuest wrote:
This is just a deliberate distraction to keep your attention diverted from the dying Mac. And it is working.
Yeah, right, this comment makes PERFECT sense.
Talk about your RDF! What bothers me is that this boldly-clueless GUEST is actually a Mac user, and that he/she thought this twisted conspiracy theory post contributed ANYTHING to the discussion!
I continue to be astounded by some of the inane opinions posted here at TMO... not that they don't have the right to post them, but maybe they should first take a breathe and actually READ what their little fingers typed before submitting such gems! C'mon, people... raise the bar a little!
-Ken P
Mon Jul 26, 2004 2:19 pm Subject: I see legal action from Apple Reverse engineering is a no,no
Five bucks says the judge (assuming this gets serious) will laugh this one right out of the courtroom. Real is based here in Seattle and is one of the least respected companies in the Pacific Northwest, with everybody (WinDell and Mac) realizing their products are garbage. Shame on you Real. I'm embarrased to live near your HQ. ![]()
If Apple doesn't sue to stop this, what message does it send to the rest of the developers who want in on their Fair Play technology but don't want to be patient for them to license it or pay for it once they do?
I personally believe laws have been broken here and reverse engineering is a no-no. What's to stop Napster from reverse engineering Real's software and pirating it?
This could get really ugly.
I don't know what the big deal is. It is a common misconception that iPod only play music from iTunes Music Store. Wrong. You can import your CDs into iTunes and it will play, without FairPlay. All Real has to do is to sell music without DRM and in mp3 or AAC format for it to be playable on the iPod. Is that what is happening?
Mon Jul 26, 2004 4:38 pm Subject:
Real wants Apple to open FairPlay to other music distribution outleats. It won't happen at this time unless a partner comes along that offers real advantages to Apple in terms of expanding the market for the iPod.
As I've said before, Real is in real trouble and without a service that works with the iPod it will be very difficult for Real to establish a viable music distribution service.
Real's service offers no advantages to iPod owners and iTMS in my opinion is a significantly better product.
It's one more way for Real to try and get Apple's attention.
QuoteNope. Real is attempting to illegally force Apple to use their DRM format.oldmac wrote:
I don't know what the big deal is. It is a common misconception that iPod only play music from iTunes Music Store. Wrong. You can import your CDs into iTunes and it will play, without FairPlay. All Real has to do is to sell music without DRM and in mp3 or AAC format for it to be playable on the iPod. Is that what is happening?
Tue Jul 27, 2004 12:03 am Subject: what part did you miss?
Apple's license agreement is clear about this. And it's pretty much irrefutable. "Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof."
Find an applicable law that allows you to worm your way into their license without paying them royalties or have a binding agreement please.
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