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July 26, 2008 8:03 AM PDT

FSF launches a denial-of-service attack on Apple's Genius Bars

by Matt Asay
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At OSCON this year, MySQL's Brian Aker made this bold statement:

Microsoft is irrelevant....We're more worried about Apple.

Perhaps he was taking a cue from MySQL's Zack Urlocker, who has been buying Macs for family members, but I understand the sentiment. Microsoft still dominates the desktop, but the momentum is Apple's.

Perhaps this is why the Free Software Foundation, which wants to protect everyone's freedom (except, oddly, on the web), has gone on another Quixotic campaign to save the world from Apple's DRM (Digital Rights Management) by clogging its Genius Bars with freedom-loving developers asking questions about freedom and then logging Apple's non-free responses.

Here's how it works:

You can use Apple's helpful online booking system (no registration required) to reserve time slots at the Genius Bar. There are currently 217 Apple stores in seven countries, giving us plenty of slots to book. We want as many people as possible to book slots this Friday and Saturday. Why not book more than one? Having lots of slots booked will get Apple's attention and ensure that the Geniuses have done their homework.

The questions?

  1. Why do all developers have to submit their applications to Apple before they can be loaded onto an iPhone?
  2. Why does iTunes still contain so much DRM-laden music?
  3. The iPhone 3G has GPS support. How can users be sure that the GPS cannot be used to track their position, without their permission?
  4. In 'Thoughts on Music', Steve Jobs said, "it is useful to remember that all iPods play music that is free of any DRM and encoded in 'open' licensable formats such as MP3 and AAC".
  5. Why can the iPhone 3G only be activated by Apple and AT&T?

The answer to just about every one of these questions is, "Because this is the only way to get the entertainment industry to agree to allow its content to be distributed as openly as it has with Apple, and because Apple wants to make sure it makes money." You don't have to visit a "genius" to get the answer. Nor do you have to block real customers with real questions from getting support at the Genius Bar to get answers.

As to the third question, no one cares where you go. Get over it.

The fourth question? It's not a question. At least put a question mark at the end to pretend.

Now here's a question for the Free Software Foundation: If you care so much about freedom, why have you completely overlooked the Internet? Have you heard of it? It's this big thing (Google has indexed a trillion web pages) that increasingly dominates our lives, yet you have been content to sit on the sidelines and maintain a foolish position that the only software freedom that matters is the software that sits on your PC.

I'd argue that the inverse is true. The software on my desktop arguably matters the least, in terms of freedom, compared to the server and cloud. And you, the inveterate freedom fighter, have completely fallen down the job of fighting for web freedom.

Instead of soiling your feet in Apple's shrines to proprietary software and hardware (aka "Apple Store"), why don't you instead demand that the web services we use remain open? Why not fight for open data guarantees? Why not, in other words, do something that affects more than my ability to listen to Radiohead on the Zune, and instead affects my ability to take years of email stored in Gmail and move it elsewhere, offline or online?

There are far better battles to fight. Stop wasting your time.

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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by mattflaschen July 26, 2008 11:09 AM PDT
Quixotic? Hardly. The FSF and their allies have already largely succeeded in ending DRM in music. Now, they are rightly moving on to other fields.

As for SaaS, you know very well they are neither ignoring the problem, nor jumping on the solution you prefer. See http://autonomo.us/2008/07/franklin-street-statement/
Reply to this comment
by M C July 26, 2008 3:58 PM PDT
LOL. "FSF and their allies" is like calling the Bush administration "Sean Hannity and his allies."
by rattyuk July 26, 2008 1:20 PM PDT
"The FSF and their allies have already largely succeeded in ending DRM in music. Now, they are rightly moving on to other fields.'

Hey, don't kid yourself... DRM removal has been the record companies last ditch attempt to take down iTunes... Not doing too well on that front either.
Reply to this comment
by M C July 26, 2008 3:56 PM PDT
?? Steve Jobs has been BEGGING (literally) for the labels to drop DRM. You're confusing this with the labels trying to force him to let them raise prices at will. HTH.
by kelmon July 27, 2008 1:56 AM PDT
rattyuk is actually correct. Apple really doesn't gain much from the removal of DRM except some public karma. In this respect I don't think Jobs is "begging" for the labels to drop DRM. Rather, the labels need to drop DRM in order for music bought on music stores other than iTunes to work on the world's best selling MP3 player so that those other stores can make a dent in iTunes' market share and wrest power from Apple.

This isn't complicated, so think it through.
by Arthur Belle Dent July 26, 2008 1:53 PM PDT
I feel the exact same way about the OSI that you do about the FSF, so we can always guess each other's stance based on previous history.
I love how people like you love telling others what to do something with their own time.
Do I think this campaign will make a difference? No.
But if they are going to go through with this because they firmly believe in it, the more power to them.
Just because this endeavour might not be fruitful, it has no bearing on whether or not they should abandon it in favor of your web question which really does nothing but change the focus on what interests you..

So instead of wasting your time with content management why dont you concentrate on producing fonts. People love them and used them all the time.

Freedom is letting people do what they want and they believe in.


Anal retentive types who worry about how people waste their time havent heard about the web I guess. Lots of wasted time there. Make sure that stops. Gaming too. Lots of wasted time in tech, you have your work cut out.




This is identical to the cry we hear about needing less distros. Who are you to tell me that I cant work on my own distro because I want to do it, instead of joining an existing one?
Reply to this comment
by GadgetDon July 26, 2008 4:11 PM PDT
No, they shouldn't abandon it because they are wasting THEIR time, they should abandon it because they are wasting the staff's time (yes, staff are people too) and because they're clogging up the slots, people who have real problems and questions will be delayed or be unable to sign up for a slot.
by john55440 July 26, 2008 3:11 PM PDT
Yup, now that the Mac's worldwide market share has skyrocketed all the way to 3%, Microsoft is clearly irrelevant. -lol

FSF are such a bunch of fools - in a variety of ways.
Reply to this comment
by iertry July 26, 2008 3:41 PM PDT
To put it simply; idiots. There are logical answers to all of the questions (accept four which isn't a question.
1. To ensure apps are virus/spam free and do not crash the phone
2. Because some labels won't let Apple provide DRM free music.
3. They can't know for certain but by buying the phone the agree to trust Apple. If they don't like it don't buy it. And who cares where joe bloggs is anyway.
4. If your going to go to the genius bar to ask questions, ask them don't just make irrelevant statements.
5. To try and stop people unlocking phones and also to try (although somewhat unsuccessfully) to make the activation process more robust. If it's done in store it will/should be done right. At home problems can arise and customers may get upset.

I don't even work in the genius bar and I can answer the questions!

I'll finish by saying once again; idiots.
Reply to this comment
by SeizeCTRL July 27, 2008 4:58 PM PDT
"o make the activation process more robust. If it's done in store it will/should be done right."

LOL - we all saw how "robust" those first 2 days were. How many people were complaining about bricked phones?

As for DRM music, all you have to do is look at Yahoo's current situation to see that DRM is a retarded idea. I would go so far as to suggest that those who accept DRM as a way of life, that they are the true idiots.
by odubtaig July 28, 2008 11:56 AM PDT
I'll just take the easy ones.

3) Some people take their privacy very seriously and not giving clear information on this is not good enough. In the meantime, local councillors in the UK have been caught abusing anti-terrorism laws to harass people. One family was tracked because they were suspected (with no evidence whatsoever) of having lied about their address to get their kids into a certain school. Now, tell them they shouldn't care about whether a phone makes them trackable. Rule one: if something can be abused, someone will abuse it.

4) The implicit question was "how exactly does Jobs equate mp3 and AAC with the word 'open'?". Evidently it takes an idiot to work that one out.

5) Your smug answer still doesn't explain why the iPhone can't be bought from other phone companies. Number one put-off for buying it in the UK is O2's exclusive contract because they're the ********* mobile phone company in the entire country and their customer service is notorious. Talk about vendor lock-in.

Now, next time you're going for a smug self-satisfied reply you might want to come across as someone with more than two brain cells to rub together.
by lmasanti July 26, 2008 3:49 PM PDT
quote:
"and because Apple wants to make sure it makes money."

The FSF could attack the Congress claiming to change the law that force Apple, as a public company, to seek revenues to its shareholders... a.k.a. "making money"!
Reply to this comment
by M C July 26, 2008 3:52 PM PDT
Stupidest. Protest. Ever.

Screwing Apple's customers doesn't help your cause.

Basically you're common script kiddies having a pout.
Reply to this comment
by tazmain July 26, 2008 3:59 PM PDT
Why can't they just focus on stuff that matters?

It would seem the FSF has got WAY too much time on their hands and can't figure out what's next... DRM? if that's your fight, you should just sit-down & shut-up.
Reply to this comment
by odubtaig July 28, 2008 12:03 PM PDT
Ah yes, something that impacts legitimate customers, making them pay many times for the same content through planned obsolescence, has zero impact on piracy ( http://www.google.co.uk/search?hl=en&safe=off&client=firefox-a&rls=org.mozilla:en-GB:official&hs=YRD&sa=X&oi=spell&resnum=0&ct=result&cd=1&q=blu-ray+backup+software&spell=1 ), adds cost to all playback hardware and criminalises anyone who should wants to back-up anything at all is of no concern.

Pillock.
by johnsu01 July 26, 2008 4:10 PM PDT
Matt, I think you're probably aware of the FSF's work on the network service freedom issues, I'm not sure why you aren't acknowledging it. It's one of the highest priorities right now.

I would like to see some evidence for the claim that the media companies are requiring DRM of Apple. I see much evidence in the other direction -- lots of services (Amazon, Rhapsody, emusic...) offering DRM-free music from the very same labels. Also, Jobs as the largest individual shareholder in Disney, *is* a voice in the media companies. People repeat this claim endlessly, but the truth seems to be that it's Apple that wants the DRM and the corresponding lock-in with the iTunes store, because they profit from it. Even if they didn't want the DRM, as the manufacturers of the most prevalent portable music playing devices I think they'd have a little leverage on this question.

As for DRM being necessary to prevent malware and save the cell-phone network, that's just incorrect. Free software applications have been running just fine on multiple smartphone platforms for years. Also, following this logic all the way would mean that none of us should be able to install non-DRMed software on our own computers -- we're all connected to the internet, after all. The fact that some people might abuse their freedom isn't a reason to take it away from everyone in advance.

Also see http://mobile.slashdot.org/comments.pl?sid=627011&cid=24351447.
Reply to this comment
by kelmon July 27, 2008 2:10 AM PDT
With respect to DRM free music, this point can't be proven either way without access to documentation on the subject, but I tend to give Apple the benefit of the doubt for the following reasons:

1. History - we know that the labels required DRM in the past and I'm sure they don't want to see it go away.
2. EMI - Apple already sells DRM free music via iTunes Plus, so they clearly aren't adverse to it.
3. The EU - Apple are already being investigated by the EU Competition Minister for the iPod/iTunes lock-in. If they really are preventing DRM free tracks from being sold on the iTunes Store when the labels are willing to sell it to them, then the EU will take action.
4. Increased Sales - The iTunes Store will sell more music if it is DRM-free. In contrast, it's not very likely that the iTunes Store selling DRM-free AAC files will result in reduced sales of the iPod.

With respect to the App Store being the sole distribution mechanism for the iPhone/iPod Touch, I'm in favour of this as a customer. Not only is it highly convenient for the customer, but it provides them with a perceived sense of security. The DRM will prevent/reduce piracy for paid applications, and free applications can be downloaded easily from the App Store. This is a much better software distribution model for the customer. We'll have to wait and see whether Apple abuses its position as gate keeper for what does or does not go on the Store.
by punterjoe July 26, 2008 4:23 PM PDT
Whatever my feelings on a subject, I always resist getting into it with "true believers" because they have an uncanny knack for turning any potential light into mere heat. Holy wars aren't always about theology. There are plenty of folks who seem to live for no other purpose than to stir things up & get a reaction from others. I won't name the groups, we all know them.
I'm sorry to see the Apple "Geniuses" become the latest target of these attention-craving crusaders. As usual, they'll probably wreck it for everyone else & all Genius supplicants will have to go through Cupertino for an audience - or something equally Orwellian. It will be a pyhrric victory, but that won't bother them one whit.
The saddest part is, I agree with their general premise, but like PETA, ActUp & others, their over-the-top tactics repel would be allies with less jihadist tendencies.
Reply to this comment
by carolax July 26, 2008 5:03 PM PDT
So this is why I can't get an appointment at the Genius Bar until late Sunday to have my Mac looked at. In the meantime, I can't do my weekend job, and my clients can't get their web sites updated. Turns out it's the fault of a bunch of geek Facists who pretend like thinking their way is freedom. Small minds come in all flavors, I guess.
Reply to this comment
by The_Decider July 26, 2008 5:26 PM PDT
Matt, your Apple cheerleader uniform is showing.

If you had any substance and didn't ignore reality, we might be able to take you seriously.
Reply to this comment
by kelmon July 27, 2008 2:17 AM PDT
Which reality is this? The reality seems to be a bunch of idiots asking damned fool questions to people who are supposed to be fixing computers while preventing these people from doing their job and helping customers. Are you honestly suggesting that this is "a good idea"? As if the Geniuses are going to have answers to these sorts questions. These are the sorts of questions that the press should be asking Apple, or that the FSF should be asking at Apple's shareholder meetings.
by sfdev July 26, 2008 6:51 PM PDT
My concern is what Apple is hiding and/or forcing on the user. First there was the Quicktime/iTunes update software that told us to install Safari. Now I find with the install of iTunes 7.7 there's this MobileMe software that magically appeared....

I'm concerned about Apple's lack of honesty/openness about what there software does or will do. If an organization (with support from the user community) can get a company to change its behaviour (bad or indifferent) toward its customers, does anyone see a problem here?
Reply to this comment
by DarkerRaul July 28, 2008 8:51 AM PDT
How about that nice list on the software update prompt that says exactly what the new version of software includes (i.e. iphone 2.0 support, mobileMe support, bug fixes).
by totorototoro July 26, 2008 7:37 PM PDT
Embarrassing. FSF goes the route of PETA and other extremist groups, making their important cause a sidenote to their showboating and publicity *******.
Reply to this comment
by Thomas, David July 26, 2008 7:37 PM PDT
Once again, from every one

"Huh"? Scratching head. Talk about misguided. This makes the FSF seem more adolescent, and confused than anything else.
Reply to this comment
by Thomas, David July 26, 2008 7:41 PM PDT
By the way. Some of the logic that' being passed around here from ...

One persons sense of freedom is another persons place in an unemployment line.

Freedom, the word is bounced around, twisted, and used without thought. From the highest position in the office, to the "FSF". Talk about clueless.
Reply to this comment
by oneoclock July 26, 2008 8:51 PM PDT
As far as phone operating systems go, Symbian is far more restrictive than the iPhone. WIth Symbian you cannot install any apps without approval from the cell phone operator. Not all operators make drastic use of the lock down capabilities, but in some countries often all the operators do, so customers cannot simply sign up with a different operator. In some cases you cannot even view any photos on a Symbian phone unless the photos were either taken with the phone's camera or sent by MMS to the phone. If the photo is from any other source (for example received by email) then it cannot be viewed because it wasn't digitally signed by the network operator. Again some operators do not make use of this lock down feature of the Symbian OS, but some do.

Furthermore, not even Symbian developers can install apps without a certificate from Symbian on their own phones, not even for development and testing purposes. With the iPhone, at least anybody with some coding skills can download Apple's SDK and use it to build and install an application on their iPhone. No need to register with the Apple's App Store to do that. In other words, you have a last resort as you can always hire somebody with the skills to install something for you -- No such last resort with Symbian OS because even the Symbian developers are completely locked out unless they get a certificate which is costly and bureaucratic to obtain.

Yes, Apple's iPhone may be less open as it might be, but the Symbian OS is far far worse. How come nobody complained about that in all those years? I couldn't even do address syncing between my computer and the Symbian phone I had because the operator had disabled the feature. I never saw anybody complain about this and I was called names when I questioned the sense of disabling address synchronising and the fact that there was nothing I could do (other than getting rid of the Symbian phone and buy something else, which I finally did).

All of a sudden, Apple comes along with a far less restrictive system than Symbian's, and everybody is complaining about Apple but still nobody ever complains about Symbian. Is that hypocrisy or is Symbian also all of a sudden irrelevant?
Reply to this comment
by johnsu01 July 26, 2008 10:07 PM PDT
Huh? There's all kinds of free software out there for Symbian. I'm personally using a Python interpreter, running a bunch of scripts (some of which I wrote and installed myself), an Ogg player, a web server (port of Apache) and a shoutcast streamer... Some of these were directly supported by Nokia and they are all freely licensed. Signing for Symbian is an option, not a requirement, at least on the Nokia phones I've used. Plus, you can get applications from 3rd parties -- you don't have to get everything from one store like the App Store.

You might have also heard that Symbian has committed to being released as free software in 2 years? We'll see how it goes, but still...
by oneoclock July 27, 2008 5:43 PM PDT
johnsu01, you didn't read my post properly. I said not all operators make full use of Symbian's lock down features, but the OS itself does have those lock-down features and they go far far beyond what can be locked down on the iPhone.

Consequently, the Symbian OS is worse. You are just lucky that you live in a place where there is at least one operator that doesn't use the restrictions. If you live in a place where all operators use the lock-down features of the Symbian OS, then there is absolutely nothing you can do, photos that weren't taken with your phone's camera or sent to you by MMS will simply not display, applets not sold to you from your operator will simply not be installable.

If the FSF was serious about freedom, they would lobby against the Symbian OS for having such drastic anti-freedom features, regardless of the fact that not all operators are making use of it.
by t26l July 26, 2008 9:28 PM PDT
I think the fourth question /is/ a question, as there's more than just the firststatement. Full text from defectivebydesign.org:

#4

In 'Thoughts on Music', Steve Jobs said, "it is useful to remember that all iPods play music that is free of any DRM and encoded in 'open' licensable formats such as MP3 and AAC".

If Jobs really wants to see open formats, why doesn't the iPhone play Ogg Vorbis, Ogg Theora video and FLAC? These formats require no licensing costs, and are not encumbered by patents. How does Apple plan to support these formats in the future? Will Apple approve applications for the App Store that support these formats?
Reply to this comment
by kelmon July 27, 2008 2:25 AM PDT
The problem with Ogg Vorbis is that it's a format coming to a market where there are already "good enough" formats available, including Apple's own AAC. There's no real demand for Ogg outside the tech community so there's not much incentive to switch. It's possible that support for the formats may be added later but don't bet on it.

With respect to Ogg applications, I'm honestly not sure that they are possible. On a Mac you can develop low-level application code so Ogg support can be added. On the iPhone, without jailbreaking, you are restricted to linking against Apple's code libraries (frameworks) and I believe that if they don't provide what you need then you can't do it via the official SDK and App Store. Given this I think Ogg support will need to be added to the QuickTime framework before it can be used on the iPhone, and in which case Apple would permit the application on the App Store, assuming no conflict with the App Store rules.
by AppleSuxLeo July 27, 2008 3:01 AM PDT
People actually use iTunes ? Its so yesterday. People in the know are flocking to AmazonMP3.
Higher bit-rate , no DRM , and lower cost. It`s a win-win-win !
Reply to this comment
by tomvons July 27, 2008 9:42 AM PDT
The FSF is becoming increasingly delusional.
Reply to this comment
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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