Follow Slashdot blog updates by subscribing to our blog RSS feed

 



Forgot your password?
typodupeerror
×

Antitrust Suit Filed To Halt Apple 'Music Monopoly' 510

Dotnaught writes with word of an anti-trust lawsuit filed against Apple late last month. Information Week has the story, a suit charging the company with maintaining an illegal monopoly on the digital music market. "The complaint goes beyond software licensing politics and charges Apple with deliberately designing its iPod hardware to be incompatible with WMA. One of the third-party components in iPods, the Portal Player System-On-A-Chip, supports WMA, according to the complaint. 'Apple, however, deliberately designed the iPod's software so that it would only play a single protected digital format, Apple's FairPlay-modified AAC format,' the complaint states. 'Deliberately disabling a desirable feature of a computer product is known as crippling a product, and software that does this is known as crippleware.'"
This discussion has been archived. No new comments can be posted.

Antitrust Suit Filed To Halt Apple 'Music Monopoly'

Comments Filter:
  • Wow (Score:5, Insightful)

    by cbrocious ( 764766 ) on Thursday January 03, 2008 @06:06PM (#21901514) Homepage
    These people need to learn the difference between codecs and DRM schemes. WMA support means the hardware can decode it, not decrypt the data. You're going to force Apple to license Microsoft's DRM? That's retarded.
  • by ktappe ( 747125 ) on Thursday January 03, 2008 @06:09PM (#21901566)
    The suit might have merit if the iPod would not play MP3 files or some other standard format. WMA is not a standard--hell, the "W" stands for "Windows" for crying out loud. Can Microsoft be sued for not supporting "Apple File Protocol" or some other Apple-specific protocol?
  • by Quiet_Desperation ( 858215 ) on Thursday January 03, 2008 @06:09PM (#21901574)
    $SUCCESSFUL_COMPANY sued for $OVERHYPED_REASON by $MONEY_HUNGRY_LAWYERS for $SOME_SCHLUB_WHO_AGREED_TO_BE_LAWYER'S_MARK

    Lather, rinse and repeat.

  • by assassinator42 ( 844848 ) on Thursday January 03, 2008 @06:10PM (#21901580)
    If not, then I don't believe the suit has any merit. Even if the cost is 'only' $800,000. I'm guessing Apple still must license WMA playback even if the iPod contains a chip which is capable.
    Where's the Ogg Vorbis support? I hear Microsoft specifies that player which can play protected WMA can not play Ogg Vorbis. Where's the lawsuit about that?
  • by glindsey ( 73730 ) on Thursday January 03, 2008 @06:11PM (#21901612)
    ...because that's the only way I can explain this mirror universe where DRM proponents are arguing that a product barring them from crippling your ability to do what you want with your music is itself "crippleware".

    Scotty, for the love of God, get me out of here.
  • by Foofoobar ( 318279 ) on Thursday January 03, 2008 @06:11PM (#21901616)
    My iPod plays MP3's just fine. That's the most widely supported format their is. Why do they have to support WMA as well when they already support the most ubiquitous formats like WAV and MP3??
  • Re:Spluh (Score:2, Insightful)

    by The_Fire_Horse ( 552422 ) <thefirehorsey@gmail.com> on Thursday January 03, 2008 @06:12PM (#21901620) Homepage Journal
    I'll say it's lame.

    I hate propriety formats and limitations but now they want to FORCE companies to build in features or supporting a format - get bent.
  • by 99BottlesOfBeerInMyF ( 813746 ) on Thursday January 03, 2008 @06:17PM (#21901714)

    Can Microsoft be sued for not supporting "Apple File Protocol" or some other Apple-specific protocol?

    Sure, you can sue them for anything... it doesn't mean you'll win though. In that case there might be some real merit, since MS has been convicted of antitrust actions with regard to their media player and music format.

  • Since when (Score:5, Insightful)

    by Altus ( 1034 ) on Thursday January 03, 2008 @06:17PM (#21901724) Homepage

    is playing WMA files considered a desirable feature in a portable music player?
  • OGG! (Score:4, Insightful)

    by WindBourne ( 631190 ) on Thursday January 03, 2008 @06:22PM (#21901802) Journal
    If this is proven, then it should be possible to get OGG in here. In fact, it might actually be better for Apple to support OGG.
  • by Kjella ( 173770 ) on Thursday January 03, 2008 @06:24PM (#21901836) Homepage

    'Deliberately disabling a desirable feature of a computer product is known as crippling a product, and software that does this is known as crippleware.'
    I see it there, and I see the wikipedia page [wikipedia.org] is equally overbroad. By that definition, any company that ships anything less than their "Ultimate extreme deluxe enterprise edition" is selling/distributing crippleware. Not everyone needs the full Photoshop CS3 with all the bells and whistles, though I'm sure it's nothing more than some compile settings. Crippleware should in my opinion be reserved for really annoying software that does nothing but nag about buying a different version, or shenanigans like DRM. Delivering several variations of an application to different markets at different prices, that each exist in their own right is not crippleware.
  • by bennomatic ( 691188 ) on Thursday January 03, 2008 @06:28PM (#21901910) Homepage
    Forget WMA... What about my PlaysForSure songs?! I think my Zune must be broken...

  • Re:Wow (Score:3, Insightful)

    by Midnight Thunder ( 17205 ) on Thursday January 03, 2008 @06:28PM (#21901914) Homepage Journal
    Yup. The solution to Apple being accused of being a monopolist is to have them license DRM from a convicted monopolist. Seems simple enough.

    Not only that but even Microsoft doesn't support its original DRM with the Zune. WMA is 100% closed spec, while AAC+DRM is only closed spec for the DRMed portion, since AAC is an open spec (note open doesn't necessarily mean license free) owned by Dolby and it part of the MPEG4 specification.

    This suit sounds like another money grab. The only winners are the lawyers.
  • Disabling? (Score:1, Insightful)

    by Anonymous Coward on Thursday January 03, 2008 @06:28PM (#21901924)
    Implementing wma DRM playback (or wma playback at all) would have been additional work for the iPod designers. Excluding them is not the same as crippling the device. As well as Apple's proprietary DRM scheme, iPods play MP3's which were the most common music file format. Why should they be required to add support for Microsoft's format?
  • by jpellino ( 202698 ) on Thursday January 03, 2008 @06:34PM (#21902014)
    What is illegal is to use that monopoly position to unfairly exclude others from the marketplace.
    iPods have been unable to play WMA since when there was only one iPod. The condition precedes any monopoly.
    Microsoft is in fact in the marketplace and makes a very brown player that plays WMA just fine.
    Stacie is perfectly free to buy one of those.

    Next?

  • Re:Rubbish (Score:5, Insightful)

    by dgatwood ( 11270 ) on Thursday January 03, 2008 @06:38PM (#21902064) Homepage Journal

    As long as the consumer is fully in control of whether to choose the product or its alternatives, there is no monopoly, regardless of how many units are sold. What makes something a monopoly is the lack of "close substitutes". Clearly, that is not the case for the iPod. You may not like the appearance of other players, but there are plenty of them out there, and they are at least reasonably close substitutes. People choose the iPod because either they believe it is the best choice or they think it is hip or they have had bad experiences with other companies' products or... lots of reasons, but the lack of reasonably usable alternatives is not one of them. iPods aren't even the cheapest players out there, so you can't even argue that Apple's volume makes it impossible to compete well....

    The fundamental flaw with any argument based solely on number of units sold is that there is no real iPod lock-in. With operating systems, you are pretty much locked in. The cost of buying new software to support another OS is huge, plus there are all the compatibility problems with files, etc. With music, you have a choice. You can choose to buy music from the iTunes Store if you want, knowing full well that you will have to burn to a CD and have a little quality loss if you want to move to a non-Apple player, but you can also choose to buy DRM-free music on CD, from Amazon, or even some selections from the iTunes Store. I could switch to any other player right now if somebody came out with a better one. I'd have to spend a few hours converting my protected AACs to unprotected AACs (burning to a CD and ripping it), but I could do it. The barrier to switching is basically zero, and other alternatives exist. Thus, no monopoly. Simple as that.

    Caveat: IANALBIPOOSD.

  • by ToasterTester ( 95180 ) on Thursday January 03, 2008 @06:39PM (#21902072)
    LMAO lawsuits like this are so stupid, its not like Apple is the only music player on the market buy one that does what you want.

    Maybe I should sue Ford because I can't get a General Motors engine in a Focus. Where is it written all products have to support every format? Doesn't Apple have the right sell what they want and don't forget by not supporting other formats Apple is taking the risk and losing some customers who want those other formats. GROW UP people vote with your dollars. If Apple was to start losing lots of sales because they only support their own format, they would flinch and open up.

    So sick and tired of people wasting court time on whiny things like this instead of voicing their opinion with their dollars. All lawsuit like this do is increase the prices of products to offset the cost of legal departments to fight these frivolous lawsuit.
  • by Zordak ( 123132 ) on Thursday January 03, 2008 @06:48PM (#21902198) Homepage Journal
    No, you're in the right place. The crazy alternative universe would be the one where Congress doesn't sell stupid draconian laws to the highest bidder and where (a) people have fair use rights in media and (b) can't be held criminally liable for exercising those rights.
  • Re:Spluh (Score:4, Insightful)

    by Beardo the Bearded ( 321478 ) on Thursday January 03, 2008 @06:51PM (#21902238)
    I don't really see how that's a problem either.

    If your mp3 player doesn't load as a "mass storage device" and let you just swap the materials back and forth, then

    YOU BOUGHT THE WRONG PLAYER.

    End of story.

    (Sorry about shouting, but the iPod people may not hear so well anymore.)
  • by Internet Ronin ( 919897 ) <internet@ronin.gmail@com> on Thursday January 03, 2008 @06:58PM (#21902330)
    Is it?

    Really?

    I think that's what losers call it. I don't know that I've ever heard anyone who has known anything about computers EVER call anything crippleware.

    Freaking morons. You hear about this stuff all the time, it's like the lawyers decide they can take whatever noun they want, add "-ware" to the end of it, and its some part of the technological subculture that they can use that other lawyers and judges won't have any clue that they just made it up. They'll just assume that it is part of the "technological subculture" that they don't know anything about, and, voila, we've got new terms.

    Crippleware. Jesus. I don't know anyone in the industry making up nonsense like this. Do y'all?
  • Re:Spluh (Score:3, Insightful)

    by mrsteveman1 ( 1010381 ) on Thursday January 03, 2008 @06:59PM (#21902342)
    Being unable to put iTunes music on another companies player doesn't make Apple a monopoly.
  • Re:Wow (Score:2, Insightful)

    by Revotron ( 1115029 ) on Thursday January 03, 2008 @07:06PM (#21902416)
    ------------>>> Joke

        O
      \|/
        | You
        A
      / \
  • Re:Spluh (Score:3, Insightful)

    by EveLibertine ( 847955 ) on Thursday January 03, 2008 @07:15PM (#21902524)
    It seems the post you're replying to was worded in such a way as to cause some confusion.

    The posters problem isn't likely that he cannot place the files on his mp3 player, as would be the case if you took what he was saying literally. He likely can place the files on his player just fine, but can he play them? The problem our dear poster seemed to be getting at is that the only mp3 player that will play songs protected with Apple's DRM scheme is the iPod. He would likely only run into this problem if he had the "correct" music player (for the sake of this argument, it can be anything that isn't an iPod), that would load as a mass storage device, allowing him to place whatever he pleased on it. Then he might later discover that his fancy new music files from iTunes wouldn't play on it, since it has been fucked by DRM. So the correct response would be: "You bought the wrong music."

    This isn't the simple case of buying a DVD player so you can watch DVD's. This is the case of "Buy our brand's DVD Player so you can listen to our brand of DVDs". This type of behavior makes me get stabby. (Sorry for not shouting)
  • Re:Wow (Score:5, Insightful)

    by Em Adespoton ( 792954 ) <slashdotonly.1.adespoton@spamgourmet.com> on Thursday January 03, 2008 @07:16PM (#21902540) Homepage Journal

    The nice, simple and cool alternative is if iPods were mp3-enabled. No DRM. Songs from any source can be used, except of few chosen ones that use DRM ;)
    I agree! We need a portable digital audio player that can do this! Like, say, EVERY SINGLE iPOD EVER MADE. The DRM is in the iTunes store, not the iPod. iPods can play MP3 just fine, as well as DRM-free AAC, Apple Lossless, and a number of other audio formats. The lawsuit is arguing that Apple DRM is the only DRM the iPods will decode; they won't decode Corporation X's scheme.

    In order for this to be an issue at all, there needs to be a DRM scheme that is an open standard. Currently there isn't, so the lawsuit has exactly 0 legs to stand on. Apple decided to create their own DRM instead of licensing and implementing the DRM of a convicted monopolist who tends to randomly deprecate their old DRM products. The only thing Apple has a monopoly on is DRMed tracks on their music system. Apple sells DRM-free music, and DRM-free music from anywhere else can also be loaded on an iPod in a number of industry standard formats.

    That said, I don't own an iPod as it doesn't have the feature set I want. I have no problems with Apple's iPod/iTS product offering though. It might be anticompetitive, but it isn't illegal and it definitely is not monopolistic. That'd be like saying Apple iMacs are monopolistic because they won't play DRM'd WMV files.

  • Re:Spluh (Score:5, Insightful)

    by vux984 ( 928602 ) on Thursday January 03, 2008 @07:21PM (#21902590)
    If your mp3 player doesn't load as a "mass storage device" and let you just swap the materials back and forth, then

    YOU BOUGHT THE WRONG PLAYER.


    Err... I bought an ipod precisely for the extra features, like smart playlist syncing, collecting play stats, being able to rate songs on the ipod itself, create multiple playlists with overlapping songs but only have one copy of the song on the disk, etc, etc.

    All that pretty much requires the ipod style 'database'. I don't -want- to swap the materials back and forth manually. TYVM.

    I -do- agree it sucks that music is sort of hidden on the ipod, and can't be played if its not in the ipod's database, and would welcome the ability to rebuild the ipod database on the fly as a feature addition. And there are other features I'd add too.

    But between choosing manual song and folder management vs ipods way... I choose the ipod. No question.
  • Re:Spluh (Score:4, Insightful)

    by CleverBoy ( 801540 ) on Thursday January 03, 2008 @08:55PM (#21903722) Homepage

    But you WOULD be forcing a company to ADD something.

    You may want to note that the chip allows the real-time decoding of WMA. This is so that WMA doesn't need to rely on the software to do all of the decoding work (which in essense makes playback on an otherwise less capable CPU possible or cuts down the CPU cycles necessary thus conserving power use).

    In order to take advantage of this capability, you need to write software that accesses it. Moreover, if you introduce support for that format, you'll need to support it long after you decide not to use a particular chipset and lose the extra advantages that it supplies.

    Before you go around believing the nonsense you read in a frivolous lawsuit (that not supporting all the features of a chipset is tantamount to DISABLING said features)... you should stop and think whether it even makes logical sense.

    Right? You're mixing up SOFTWARE with HARDWARE.

  • Re:Really (Score:5, Insightful)

    by Divebus ( 860563 ) on Thursday January 03, 2008 @09:12PM (#21903904)

    WMA is a proprietary format also, with or without DRM. So, Apple not interested in paying royalties to Microsoft for WMA capability is monopolistic? Unless Microsoft is giving it away for free, that doesn't sound like a case. Why not sue Warner for monopolizing their own catalog? Or EMI?

    Trolls

  • Re:Spluh (Score:5, Insightful)

    by xigxag ( 167441 ) on Thursday January 03, 2008 @09:31PM (#21904122)
    I suspect that some of the reason the small off-brand manufacturers devices are so useful is because they don't bother with such insignificant details as licensing (and the requisite fees). So they don't have to disable features the content "owners" don't want you to have. Really, they're hardware versions of allofmp3.com

    And let's be fair. The iPod got huge by being useful to a hell of a lot of people, namely the vast majority that wants a round-edged managed experience. If the $20 player was useful to the masses, it would be #1 on the market. But, in cutting corners, they also tend to cut out things like english-language manuals, product testing, ergonomics, etc. You might not be able to drop a XviD onto your iPod, but download a video from iTMS, and you know it will work, period. Meanwhile, your XviD might or might not work on the off-brand player, even spending an hour with the conversion software.
  • by ardle ( 523599 ) on Thursday January 03, 2008 @09:35PM (#21904162)

    the lawsuit has exactly 0 legs to stand on
    That's why the lawsuit exists: if it succeeds, DRM has some of the legal legs it needs. What's the next show: DRM v The Patriot Act? ;-)

    The lawsuit is arguing that Apple DRM is the only DRM the iPods will decode; they won't decode Corporation X's scheme.
    If this is true (forgive me, I'm to lazy to check: this will be in the news again ;-), it seems to me that the argument is flawed in that Apple can remove the monopoly situation simply by supporting Corporation X's DRM in the iTunes store?.

    If they allow downloads in competitors' DRM formats - and honour licenses in these formats by supplying Apple-DRM'd (or DRM-free, if appropriate) versions of third-party licensed material free-of-charge - then they are not excluding any DRM vendor. Nor would they be penalising purchasers of iPods, who would be able to obtain an iPod version of a DRM-X file for free.

    DRM exists to protect the rights of the copyright holder, not any third party. Apple would only need to support cross-licensing for media it is licensed to sell. If a DRM-X file is available DRM-free from iTunes due to a separately-negotiated licensing scheme with the publisher, then that's tough luck for the vendor of DRM-X: DRM-X will then serve only to lock the end-user to devices that support it, the very thing Apple is being accused of :-)

    Apple supporting third-party DRM in their hardware would signify a loss of ground in their professed ambition to remove DRM from the download scene.
  • Re:Spluh (Score:4, Insightful)

    by Malevolyn ( 776946 ) * <{signedlongint} {at} {gmail.com}> on Thursday January 03, 2008 @09:50PM (#21904266) Homepage
    Adding WMA support to the iPod will only lead to more antitrust suits because it will give Apple an even greater hold on the digital music market. Why buy any other music player when the iPod supports MP3, AAC, and WMA? It's a pretty slippery slope and I wouldn't be surprised if that's the aim of this suit.
  • Re:Spluh (Score:5, Insightful)

    by Malevolyn ( 776946 ) * <{signedlongint} {at} {gmail.com}> on Thursday January 03, 2008 @10:07PM (#21904410) Homepage
    I find it strange that everyone's saying that Apple is actively disabling support for WMAs, like it supports them natively. Correct me if I'm wrong, but it's not like the iPod is using fmod. Therefore, the more accurate description would be that Apple is actively not adding support for the WMA format.

    I don't see the 360 supporting Wii software anytime soon, and I don't see how that's much different.
  • Re:Spluh (Score:5, Insightful)

    by vux984 ( 928602 ) on Thursday January 03, 2008 @11:53PM (#21905332)
    Alright, I'll bite...

    So if I set up rythymbox, and have it sync to a 'mass storage player' like, say, a Sansa. I can set up a smart playlist that will rotate songs based on the songs 'star rating', 'play count', 'last played date', and 'skip count'?

    -and- (and *this* is the important part)

    When I go off and listen to my "mass storage player" for a few days, and plug it back into my rythymbox, all that play data will sync back into rythymbox, so that it can update the playlists based on:

    a) what, when, and how often I listened or skipped a track *ON THE DEVICE*
    b) any ratings adjustments I made to the song *ON THE DEVICE*

    The last time I tried a non-ipod, the above features, which I now view as critical, were not even close to available. And according to the research I -did- do, these features -require- an itunes like 'database' because a lot of that meta information I base my smart playlists on is not stored in the actual songs.

    Now, I'm sure a 'rythymbox' type program could create its own meta-data databse, while still letting me move songs around 'manually'... but unless the player itself updated that database of meta-information as I used it, there wouldn't actually be much point.

    I'd welcome finding out I was wrong... but as far as I know, only the ipod can currently do this.
  • Re:Really (Score:5, Insightful)

    by markk ( 35828 ) on Friday January 04, 2008 @01:39AM (#21906116)
    Uhm... It does apply to Apple. they aren't a monopoly. I can buy a song at Amazon right now and load it on my iPod. So is that not a 3rd party "iTunes" Store?
    I can buy EMI songs on iTunes right now and load and play it on a Zune. Apple obviously controls the hardware IT MAKES, but I don't see lock in anywhere
    except with the DRM that the CEO of Apple is on record that he would like to get rid of. That is mandated in contracts with producers.
      If Apple is a Monopoly with its DRM then all DRM is a monopoly. I would like to agree with this, but by definition, it isn't.
  • by Anonymous Coward on Friday January 04, 2008 @04:54AM (#21907104)

    I hear Microsoft specifies that player which can play protected WMA can not play Ogg Vorbis. Where's the lawsuit about that?
    Maybe what you heard is bullshit? The iRiver T60 [amazon.com] plays WMA and OGG.
  • Re:Spluh (Score:3, Insightful)

    by GaryPatterson ( 852699 ) on Friday January 04, 2008 @06:46AM (#21907550)
    While you clearly disagree, I use my computer to reduce the amount of mucking about I have to do to get simple things done.

    The iTunes database does this for me.

    Dragging and dropping music doesn't scale either. What is a neat system on a 256MB device is a huge pain on a 60GB device, once you factor in ID3 tags, changes, etc. It also lacks the control with auto playlists based on how often I play or how high I rate the songs. These are solid features that make a real difference. To do it your way we'd have to manually update our playlists whenever we wanted to change them.

    If you're doing the work of a file system, you bought the wrong metaphor!
  • by Joce640k ( 829181 ) on Friday January 04, 2008 @08:45AM (#21908038) Homepage
    I use it to play back mp3 files ripped from my CD collection. I've never bought anything from iTunes, nor will I.

    99% market share doesn't make an illegal monopoly - monopolies are only illegal when you abuse them and engage in non-competitive behavior.

  • Re:Spluh (Score:4, Insightful)

    by gstoddart ( 321705 ) on Friday January 04, 2008 @10:32AM (#21908852) Homepage

    I don't really see how that's a problem either.

    If your mp3 player doesn't load as a "mass storage device" and let you just swap the materials back and forth, then

    YOU BOUGHT THE WRONG PLAYER.

    Only if I wanted that functionality.

    Personally, I don't give a flying fsck that my iPod doesn't look like mass storage. It doesn't diminish my enjoyment of the product at all.

    By all means, apply your own standards to your own purchases. But, allow us our own. I've been completely happy with my iPod -- if I want a USB stick, they currently cost about 30 bucks. If I really need to move a bunch of data, I have an entire USB hard drive I can carry around with me.

    Having iTunes and an iPod doesn't preclude me from having my MP3's ripped on a FreeBSD box and managed on a UNIX file system shared by Samba into iTunes. Me, personally, I like the way iTunes works in terms of what it syncs and all that. Different people, different needs.

    Cheers
  • by norminator ( 784674 ) on Friday January 04, 2008 @12:30PM (#21910306)

    I find it strange that everyone's saying that Apple is actively disabling support for WMAs, like it supports them natively.

    Not only that, but iTunes will let you copy non-DRM'd .wma files to an iPod (I believe it converts them along the way). I don't think this discussion is even supposed to have anything to do with whether or not the iPod supports Windows Media formats. It's supposed to be about whether music from the iTunes Music Store can play on other devices. So the whole DRM'd .wma issue is more of a problem with the .wma stores.

    Furthermore, according to the GPP:

    Back on the topic of actively disabling WMA, how about requiring manufacturers doing more to point out supported formats? Maybe a spiky red bubble on the front of the box saying what's supported? That way, it would look like some marvelous extra, like 'batteries included' or 'one free song download'.

    That's a funny complaint about Apple, considering the fact that any song that's ever been purchased from Apple's store is compatible with every iPod ever sold. Unlike the Microsoft side of things, where MS initially supported several different stores selling .wma music, then started their own MSN online music store, then created the Zune with an entirely separate store (and entirely different software?!?). And since the music from the Zune store won't work on the other .wma devices, and the "PlaysForSure" music from the other .wma stores won't play on the Zune, I'd say Microsoft is the one that has been "actively disabling WMA". Why in the hell would someone refer to their music format as "PlaysForSure", license it to hardware manufacturers, then create their own player that ForSureWon'tPlay the PlaysForSure files?

A morsel of genuine history is a thing so rare as to be always valuable. -- Thomas Jefferson

Working...