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In a terse statement, a "stunned" Apple accused RealNetworks of adopting the "tactics and ethics of a hacker" with the release of its Harmony software. Harmony allows songs sold via RealNetworks' online store to be played on a variety of portable devices, including Apple's iPod and Microsoft-compatible rivals.
"It is highly likely that Real's Harmony technology will cease to work with current and future iPods," the company said in its statement.
In addition, Apple said it is investigating the implications of Real's software strategy under the Digital Millennium Copyright Act (DMCA) and other laws. The DMCA broadly restricts the bypassing of copy-protection technologies used in DVDs and in some music CDs and software programs.
RealNetworks has been selling songs from its digital song store since January, but the files previously could be played only on a few portable devices. Apple has refused to provide licenses to companies seeking iPod compatibility, and RealNetworks did not seek permission before releasing the software.
Later on Thursday, RealNetworks issued its own statement in response to Apple's accusations. The company contends that consumers, not Apple, should be the ones controlling which music files can be played on their iPods. And the DMCA is not applicable to Harmony, RealNetworks said, because the antipiracy legislation "explicitly allows the creation of interoperable software."
RealNetworks said that it has no plans to change the application and that Harmony was created "in a well-established tradition of fully legal, independently developed paths to achieve compatibility."
Harmony automatically changes songs created in other formats into files that will play on an iPod. Since Apple refused to license its FairPlay copy-protection software to RealNetworks, the company had its engineers create their own version of the application in order to make the device play them back. Although the company said this action wasn't technically "reverse engineering," legal experts have observed that Apple may have some recourse if it decides to pursue the matter aggressively.
But one industry watcher was uncertain how strong a case Apple might have under DMCA, even though the company has had success defending its trademarks, as in 2000 when it reached settlements with several hardware makers accused of selling knockoffs of its iMac computers.
Regardless of whether Apple goes to court, it's likely that the company has little to worry about from the RealNetworks technology, said Tim Deal, an analyst with Technology Business Research in Hampton, N.H.
"I think the public will see this as sour grapes, since Real couldn't reach a deal with Apple," he said. "I'm not sure there are that many people out there who really want to work with multiple music platforms."
Apple does need to defend its proprietary iPod technology, Deal said, since the device's top selling point has been the integrated package of the music player and music files sold over the company's iTunes digital music service. But since Apple counts on iTunes primarily as a driver of iPod sales, Deal predicted that the company's profits won't suffer because of Harmony.
"Real is looking for music store revenue, whereas Apple really uses iTunes just to sell more iPods," he said. "As long as people are still buying iPods, the immediate threat posed by (Harmony) would not seem all that significant."
CNET News.com's John Borland contributed to this report.
See more CNET content tagged:
RealNetworks Inc.,
DMCA,
Apple Computer,
Apple iPod,
antipiracy




Apple and Microsoft have already 'supposedly' pledged to make their DRM technologies compatible by 2005.
Apple wouldn't refund my gift certificate, produces lower quality music than Real. I deserve to have choice for cross-platform music. (We'll see whether Harmony fulfills that goal.)
But really, these DRM technologies simply appear to modify the header on the AAC file whenever you burn or transfer the songs.
Apple's issues with Real will have major implications for other players that play "Fairplay" AAC media, and will be a nail in the coffin for Apple that they are not simply producing "standards-compliant" music like some of their fans believe. I used to be their stalwart supporter even though I understood the DRM.
Not anymore.
RealNetworks has settled its legal fight with Streambox, nearly nine months after it was granted a temporary injunction against the latter's streaming media VCR software.
Streambox launched its Streambox VCR product last November, as we reported here. The software allowed users to record content streamed from RealNetworks' servers and play it back at a time more convenient to them by converting it into WAV, MP3 or Windows Media Player's native format.
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Not surprisingly, RealNetworks wasn't too happy about this and quickly sought legal redress. It claimed Streambox's software contravened the US Digital Millennium Copyright Act, which prohibits the breaking of copyright protection mechanisms, something RealNetworks alleged Streambox VCR had to do in order to record the streamed content - a point that Streambox tacitly admitted.
In January this year, RealNetworks won an injunction banning Streambox from offering Streambox VCR and one other product, Ferret, which locates streamed media content.
The judge threw out RealNetworks' request for a ban on Streambox's Ripper, which converts RealNetworks' proprietary audio format into open MP3 files.
Late last week, however, Streambox agreed to switch off Ripper's Real-to-MP3 facility. It also agreed to cease distributing Ferret, and to "respect the copyrights" of RealNetworks' streaming system, which effectively means that Streambox VCR will no longer record media streamed in RealNetworks' format.
The company will also pay RealNetworks damages, though neither company would reveal the sum to be paid.
www.hotgigs.com
If I buy hardware I will run any software that is available for it - otherwise i really only rented it....
Such a silly grab at a market share would have retarded the explosion of the industry in the same way that squabbling over player formats has managed to keep decade-old MP3 technology from assuming its rightful place as the new medium of choice in recorded music.
The launch of pay services has clearly established the commercial viability of digital music. The RIAA would be well-served by focussing its legal energies on reaching an agreement on formatting standard among the companies which stand in a position to insure the survival of the industry which it is supposedly safeguarding.
phonograph manufacturer had insisted on using a different size
and shape pin at the center of their turntables.<
Actually, they did exactly that. The marketplace eventually
forced a standardization that phonograph manufacturers had to
accomodate. Some held out, however, until the 40's!
overlooked here.
First, the iPod is APPLE's product, not Real's, not Microsoft's, not
Sony's. It's their decision on how it's designed and what digital
music formats it supports or licenses. It is up to consumers to
decide if Apple has made the right choices, and so far, they have
voted with their wallets, in overwhelming numbers. And,
anecdotally, the myth that the iPod only plays music from
Apple's Music Store is just that - a myth. the iPod began life as a
MP3 player and has held that fort down throughout.
Second, it's been suggested by some commentators and
"analysts" that Real's "Harmony" software can only be good for
Apple, it will probably help them "sell more iPods." That's
absolutely ludicrous. The last time I checked, Apple can barely
keep up with the current demand for the iPod, it literally can't
make these things fast enough. They're selling out of stores,
right and left. So the "it will help them sell more iPods" theory is
a non-starter.
Third, it's kind of humorous in a way to sit back and watch the
iPod story unfold. Apple comes along and has tremendous
success with the launch of the iPod. It adds the music store into
the mix, and, beyond the wildest dreams of anyone in this
business, the music store has sold over one hundred million
songs, far and above the other me-too online music stores that
have evolved in it's wake. The iPod continues to sell amazingly,
the demand for it is red hot. So I guess it should come as no
surprise that despite this "insanely great" success that Apple has
had and continues to have with the iPod, iTunes, and the Music
Store, Apple's competitor's (along with their sycophant
commentators in the media) have lined up to advise Apple on
how to solve their "problem." Pretty silly, eh?
No question that Apple has put out a superior product and they deserve their success, but we are in the very early stages of this race.
about this completely the wrong way.
to keep mum. They may put pressure on Apple or
raise hell on their own just to make a point.
2.
>>The last time I checked, Apple can barely
>>keep up with the current demand for the iPod
This kind of information gets the Number 1 COPYCAT
excited. I wont be surprised to know that the "Playstation killer" game is running again.
But I did not know WHY. I'd assumed it was about licensing fees.
Now it's obvious -- painfully obvious -- that Apple wants to lock up their iPod customers into their proprietary format.
Maybe this kind of stuff works with starry-eyed Mac users who think Apple's capable of no wrong (but that does NOT describe most of my power-user Mac pals, who are mostly graphic artists and a sharp and cynical lot) -- but I can't imagine that it'll fly with regular folks -- now that Apple has made its policy -- and its motivations eminently clear and then UNDERLINED the venality of them.
What a bunch of jerks. Too bad. They pretty much had an iPod sold, here, until this. I've had experience with proprietary formats before and there's a reason the marketplace favors open formats. Flexibility and freedom to use YOUR media the way you want.
I'll just wait. To heck with them Apple jerks.
As the other poster said, don't confuse the device with Itunes
These true believers are not representative of my power user Mac friends (most of them graphic artists) who are a world-wise and wary lot. But, clearly, they are out there.
I agree that Apple has the RIGHT to do whatever they want with their product and I also agree that it is the marketplace that will sort it out.
But I DON'T think many people were all that aware (as I was not) of the format restrictions arbitrarily placed on the iPod by Apple, clearly motivated as we can see from their reponse to the RealNetworks initiative, to lock customers into their proprietary format.
I had never bought any Apple products before but I was about 85% decided to get an iPod in the near future.
Now that I'm aware of Apple's desire to lock its users into their own format I GUARANTEE you I will be buying from one of their competitors. I'm in no hurry. I've already owned one RAM based mp3 player and I know enough from that sorry experience to NOT settle for a lack of features or -- worse in some ways -- arbitrary and unnecessary restrictions.
Aside from the fact that the iPod plays AAC, WAV, MP3, etal, and
iTunes converts to AAC, AIFF, Lossless, and MP3, you can use
Apple or shell scripts to convert to LAME mp3 or use other
encoders.
Please do not spread your ignorance of the issue. The iPod is
PRIMARILY an mp3 player. I'll spell that for you: M-P-3. And
Apple knows this, and doesn't care about your segment. And the
numbers bear them out.
If you want to spend money on a 'multimedia player' with a
postage stamp screen be my guest and get thee to Arkaos' web
site. No one is holding a gun to your head. I, on the other hand
will stay with my 3G iPod. 95% of my collection is mp3, I have
calendar, addressbook and note integration from OSX (so long,
for a few years, oh Palm of mine) -- I guess the Win32 users can
get along with JUST iTunes.
become an open format? Isn't it owned my MS and it is a closed
format. Let's see Real try to do something like that to WMA
without MS getting their slice? Lawsuit quicker than you can say
WMA. So let's be concise when commenting and first research
before stating facts which really are false.
As for your Power Mac users they probably are pulling your
chain. Mac users do actually have a sense of humor, and will
take things with a grain of salt. I guess some Window users don't
have a sense of humor and believe evrything they hear as a fact.
Real Player Gold, the cruddiest piece of software on ANY
platform now wants to behave like a black hat cracker and
bypass Apple's DRM?
I hope Apple sues the pants off Real. This will set a legal
precedent that software companies that behave no better than
crackers can expect a hefty lawsuit .. if not, then it will just show
that the DMCA is meant to persecute the little people and not
high-and-mighty, ethically-challenged companies like Real.
Real actually has sound quality? News to me. RealOne content is
a PITA to author compared to WMV, QT or mp3. Real dug their
own hole on this one for being high and mighty during the
boom to users and developers. Hmm, static radio quality?
Perfect for FoxNews.com, which is a talk-radio like website. That
is the ONLY implementation of RealONE that I've seen that works
-- so, uh, congratulations to Real for doing ONE thing right. It
won't save you.
Of course, AAC is just as bad, which is why MOST iPod users still
use high bitrate MP3 from, uh, their CD collection. Apple knows
this, jeez. That's why their business is centered on the -iPod-
and NOT the iTunes Music Store. Duh! Why would they even
allow a cracker(jack) company like Real to create support
problems for -them-? No thanks.
Give it up, Real. Microsoft has you headed to the undertaker with
WMV, Apple brought the hammer with Quicktime and you're
lying in the coffin. Please keep your arms in the box and stop
flailing around for hardware. It's been done before, and those
companies are now listed. On f*ckedcompany.com.
Real ceased to be relevant the minute the littlest guy on the
block rebuffed their Fairplay bid, and they know it. To continue
my mortuary metaphor, it's buryin' time.
Meanwhile, the littlest guy, Apple, whose death has been
forecasted countless times, strikes a brilliant move by brushing
off a company in decline, one headed for a very REAL fall.
Replay Music even automatically tags MP3 fles usinga music recognition system, and will accurately split tracks as well. It kinda makes this whole spat pointless.
Go to www.replay-music.com for more about Replay Music.
Why?
With each version, they get less annoying.
RealPlayer 10.5 takes absolutely no file associations, unless you already have Real as your default. (I do because I love the jukebox functionality.)
RealPlayer 10 or higher will never pop a single "message" up on your screen. It's not perfect software, and iTunes is slower, memory-hogging but has an elegant interface no one can match.
(Apple owns intellectual property relating to the interface of their music store. No one is stupid enough to copy Apple's trade dress.)
AAC was invented partially by Apple, and Quicktime essentially is AAC now. Quicktime Pro and "Quicktime files" of new products like Final Cut are now AAC files. (colloquially known as MP4, the next MPEG format.)
You are absolutely right. AAC doesn't sound as good as it "should" at 128kpbs for some people.
Real's music store uses 192kbps for this reason. Download RealPlayer 10 "gold" (meaning non-beta, it is still free.)
I want to reiterate what has been said before: No company is perfect, and it is arguably Apple who made Real build a player that didn't have pop-ups.
So sit back and enjoy the competition.
I was going to buy a Mac for my Office. Now, I'll try Linspire. I loved Apple, and was raised on them, and excited about migrating to Mac OS X.
No more..
unless Apple changes their mind.
--Sam
It takes them 8 years and 10 players later to deliver one that works? But it takes them less than a year to hack another company's products? ***?
Where's the Real software for conversion from RAM or RM to MP3?
How about releasing that first?
I think we should let REAL know exactly what we think of them and their actions:
http://www.realnetworks.com/company/contact/index.html
You Have missed the point.
to court, Real will lose.
Same thing goes with music files
Sound familiar? Poor Apple. Now that they've got a little success, they're starting to feel the same constraints as Microsoft. Funny.
really cares. you could just buy cd's and rip them yourself there
is nothing stopping you there. They have a right to protect their
own interests.
- compatible /serving consumer best?
-
by
September 12, 2004 3:18 PM PDT
- Its sort of obvious which firms want to "play ball", simply attempting compatibility, and which one's are trying for a monopoly...or am I wrong?
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