Apple sued over iTunes workaround discussions
A Web site operator has sued Apple seeking protection for online discussions of ways to circumvent iTunes.
(Credit: Apple)Apple has been sued by the operator of a wiki site over legal threats Apple made to stifle discussion of iTunes workarounds.
The Electronic Frontier Foundation announced Monday that OdioWorks, which runs a Web site called Bluwiki, has sued Apple in hopes of securing a legal ruling that would allow it to host discussions regarding the use of alternative music software to manage an iPod or iPhone. Earlier this year, Apple sent OdioWorks a cease-and-desist letter invoking the Digital Millennium Copyright Act after Bluwiki users began discussing a plan to develop software that could sync music or videos to iPods or iPhones from sources other than iTunes.
OdioWorks complied with the request to remove the discussions, but now wants legal cover to continue those discussions. According to a copy of the complaint (PDF) filed against Apple, none of the discussions had advanced as far as to constitute development of a way to bypass iTunes.
Tom Krazit writes about the ever-expanding world of Internet search, including Google, Yahoo, online advertising, and portals, as well as the evolution of mobile computing. He has written about traditional PC companies, chip manufacturers, and mobile computers, spending the last three years covering Apple. E-mail Tom. 
Hey... it was a 50/50 shot. :p
People call Apple innovative for finding the best ways of locking people out of their purchased media.
Now try to do that with a DRM-locked Zune tune... ;)
This is not the first time Apple has invoked the power of the DMCA. They've done it regarding hackint0shes, dvd burners and PlayFair authors/hosting providers, for example. Apple is not afraid of going after the little man to make sure they continue to generate revenue and protect their IP. They are, after all, a company that needs to generate return for their investors.
Microsoft is evil for their EEE strategy they've used for so long: embrace, extend, extinguish. They tried it with Java and they tried it with the web via IE.
But no one cries out that Apple obligates you to use iTunes for music, etc. when you own an Ipod or Iphone. There are alternatives, but most people use iTunes as the difault. iTunes is a good service, but there are other services which are better, in my view.
No body cries out when they add all the "i" software and Safari with OS X. What is the difference between MS and Apple? And please don't tell me MS is a software company while Apple is a hardware company, because OS X is software...
Zune Marketplace sells drm free files as well for only a dollar.
Actually, you can rip Zune marketplace songs pretty easily to strip out the DRM. Any number of applications like Tune Bite can do it. Heck, with Tune Bite you can even rip multiple songs at once. So as long as "Install an application" is in the realm of 'ordinary people'.
There is no reason that a record of his/her purchases are not kept.
for people buying mp3 players with this in mind, zune keeps track of all the tracks you download from them! and you can redownload them at any time.
They are. Open iTunes, Go to the Store. Click on "Account" in the Quick Links panel.
The data is on the iPhone and PC the backup should be automatic. Plus apple has a record. They could do this easy enough.
zune keeps track of all the tracks you download from them!
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Yes, and if there's 366 days in a year these zunes brick themselves because they think you're doing something weird with them! Seriously, how can anyone be comfortable knowing M$ is tracking them in this way?
Disclaimer: I'm not a big fan of the iTunes store either for similar reasons, but at least so far Apple has kept their FairPlay DRM trashware the same or removed it entirely, instead of playing the customer raping game of doesn't PlayForSure because we want to make more money with our zune DRM spyware.
Does anyone actually believe that M$ would have come up with the zune if it weren't for the iPod? The xbox if it weren't for the PS? In other words, does anyone actually think M$ can innovate instead of just mimmic?
But part of the problem again is likely the record companies, who are making money off of ringtones (ridiculous sums), and this kind of work around would allow anyone to avoid paying the ringtone extortion. Of course, you can get around that, too, but it's a bit of work...
The key here is not reverse engineering something held secret by a company, but discussing in public something's implementation before you write the code? Maybe.
I suspect that there's more involved than just syncing with an iPod, and I doubt we'll see the whole story now (I'm very sure the website in question likely hid/deleted the really nasty DMCA-violating stuff.
Long story short? There are quite legal ways of rooting around an iPod without iTunes. OF the two examples I listed, one replaces iTunes in functionality, and the other replaces the iPod firmware entirely. Both have been left alone perfectly by Apple. This makes me wonder what the full story actually is, or if CNET merely fell victim to sensationalism...
There's got to be more to this story than is expressed above for any of us to form a comprehensive stance one way or the other on this one.
I refuse to buy DRM encumbered downloads so it works with all the music I have.
Alternatives already exist- Red Chair Sofware's Anapod Explorer comes to mind.
Also Zune locks the Hardware + Software just like the iPod + iTunes. While I'm not necessarily on Apple's side with this particular lawsuit. Let's not pretend Apple is the new devil in town.
Zune has drm free music too. They actually had it first...
No, they don't. Not before iTunes. iTunes gone iTunes plus with EMI early 2007.
Zune Market follow the pursuit later with the 2 gen hardware launch.
To be fair, Zune at the time did have a larger collection of DRM-free content.
Well, then it's hardly news isn't it? I'm not agreeing with you, just saying.
On second thought, for a big bad wolf as you suggested Apple is, he certainly leave most of the computer industry sheep herd alive, hmmm...
Syncing is more easy, efficient, need less human intervention. I prefer synch any day.
iPod also let you drug & drop if you insist on hand pick your music every time, of course in the iTunes interface, not the normal finder/explorer way, but nonetheless.
In fact I demand Wi-Fi synch ability. Make it happen, Apple!
Open debate, discussion, and development is a good thing. It just has to be channeled into a positive model that's good for the company AND the consumer.
This site is a freaking wiki.
Perhaps make no difference in the eyes of DMCA. It makes hell of difference to me.
But this is not just an issue of freedom of speech. Any website should be allowed to discuss openly alternatives to running a set software on any device. I wonder if Cnet had an article discussing the same thing would they sue Cnet?
- by fsckMS May 18, 2009 9:24 PM PDT
- and this is coming from a man who used to sell blue boxes out of the back of his car. Down with MaApple
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