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99 Comments
- FloppyLlamaDigg, on 10/12/2007, -7/+77Dear Steve Jobs,
We would like to thank you for your public statements about Digital Restrictions Management (DRM), and your pledge to drop DRM from iTunes if the four major record labels---EMI, Warner, Universal and Sony---let you.
As you know, the Free Software Foundation's campaign against DRM, DefectiveByDesign.org, has specifically targeted Apple since it launched in May 2006. As activists against DRM, we have supported these high-profile protests outside Apple stores in the US and in the UK because, as the largest purveyor of DRMed music, Apple carries a large part of the responsibility for the situation in which consumers now find themselves.
But Apple is under pressure not just from anti-DRM activists and from a consumer boycott of DRM, but also from consumer rights regulators in Europe who have declared iTunes's DRM (FairPlay) illegal. In Norway regulators have given you until October 1, 2007 to open up iTunes or be forced to close down under penalty of daily fines. Similar moves are being made by consumer regulators across Europe.
To many observers your blog pledge looks like a way to reduce pressure on Apple from these regulators, and head off calls from the industry to license FairPLay to other distributors.
It has been three weeks now since you published your pledge to drop DRM, and there have been many responses from commentators who have outlined actions you could take to back up your words. The fact that you have not taken any action leads us to ask the question: How genuine is your pledge?
We have identified three ways you could show your sincerity about DRM. Taking action on any one of these fronts would be a powerful demonstration that you mean business.
1) Drop DRM on iTunes for independent artists
Many independent artists and labels distribute their music through iTunes and many wish to do so without DRM, but you won't let them. You could show good faith immediately by dropping DRM for those artists and labels.
This will make it clear which artists are actually locked to one of the four big labels, allowing your customers to avoid those labels and the burden of DRM. Independent artists, who respect the desire of the fan to be free from DRM restrictions, will receive more support.
You can set the ethical example and be the first "major" to drop DRM, by freeing independent artists. You have the direct power to do this.
2) Drop DRM on iTunes for Disney movies and video
In your blog post you say, "[The] alternative is to abolish DRMs entirely. Imagine a world where every online store sells DRM-free music encoded in open licensable formats." That is a powerful image, and one that we and the free software movement shares with you. But why is your imagination limited to a world without DRM on music? You don't once mention movies or video.
We understand that Apple is busy signing contracts with movie studios and TV networks to allow Apple to sell video and movies to iPod users. These videos are delivered with DRM. The arguments that you make in your blog apply equally to movies as they do to music.
In 2006 you sold Pixar to Disney, and in the process became the largest single shareholder in Disney and joined the board of directors. Disney was the first to agree to distribute its movies through iTunes. Disney is a major movie distributor but not a major music publisher.
You can set the example in the arena of video and movies. Disney can be the first "major" to drop DRM. You have the direct power to do this.
3) Take a public stand against DRM and legislation mandating DRM by funding a campaign to repeal the Digital Millenium Copyright Act's (DMCA) prohibitions.
In your blog you say that we could "... abolish DRMs completely", and that Apple would "embrace it in a heartbeat". These words are very close to calling for DRM to be eliminated. We encourage you to make such a statement explicitly.
This is an important action because of the legislative threats we face. Senator Feinstein (D - Calif.), in this congressional session, has reintroduced the Platform Equality and Remedies for Rights Holders in Music Act (PERFORM Act). The Act would require webcasters who stream in MP3 (or other non-DRM formats) to impose DRM. This would include the radio stations currently available through iTunes, which currently rely on MP3 streams.
The impact of DRM and the DMCA will have chilling effects on our freedom of speech. In a world where our radio shows, TV shows, news, and political coverage, come laden with DRM---because digital TV, digital radio and webstreaming have been mandated to use DRM---we will have lost the legal right to make commentary using source materials. Free speech through parody and quotation will have disappeared.
As someone who has imposed a DRM scheme on millions of people and made millions of dollars doing so, it is time for you to take a stand against DRM as unethical and as a threat to our freedoms.
You can set the example by calling for the elimination of DRM and by funding a campaign to repeal the DMCA's prohibition on devices that overcome DRM. You have the direct power to do this.
While we welcome your pledge to drop DRM, action has yet to follow. Some changes you discuss will require the cooperation of other people in the media industry, but the three areas that we have outlined here do not. You have the full power to allow independent artists to sell their music on iTunes without DRM, to remove DRM from Disney videos and movies, and to fund a campaign to repeal the DMCA's prohibition on devices that overcome DRM. We, the undersigned, call upon you to take action now.
Yours Truly,
YOUR NAME - schif, on 10/12/2007, -3/+33"You can set the ethical example and be the first "major" to drop DRM, by freeing independent artists."
The artist should be able to choose if there work is distributed with our without RESTRICTIONS. - Culled, on 10/12/2007, -8/+27Wow so Steve Jobs isn't really doing anything to get rid of DRM. And all this time I thought that the CEO of the company that benefits the most from DRM would be the first one to signal its demise.
- meltingrobot, on 10/12/2007, -2/+17@geminitojanus
On A)
Seriously, that's not as hard as you are making it. They don't have to make two different system entirely. They just have to incorporate their current system to allow for sending non-DRM'd mp3's, ogg, flac or something else. And the security thing you just pulled out of your ass. Nobody is going to somehow spoof the server into turning a DRM'd file into a non-DRM'd file. Lastly, for somebody that runs a company that produces an entire operating system, I'm sure he has the extra devs to add a little feature like this to iTunes. - sleepwalkers, on 10/12/2007, -2/+14Just stop buying music from the iTunes Store and start getting stuff from eMusic.
- tadarnold, on 10/12/2007, -0/+11I for one would purchase a LOT more music online if there were no DRM. As it stands, I've been burned too many times trying to move my DRM'd music to a new PC only to loose the licenses in the process. It is such a pain.
There is also the fear that whatever service I purchase from could go out of business, thus leaving me unable to authorize my purchased tracks. My current purchases are with the mindset that I will probably at some point in time loose the ability to play the track.
With talk of DRM coming to an end... I'm excited and holding off any online purchases until that happy day arrives! - treed, on 10/12/2007, -1/+11Perhaps the contracts with the majors includes a section that stipulates that DRM music will not be sold alongside non-DRM music.
- incode, on 10/12/2007, -2/+12Exactly... Jobs DRM pledge was just more Apple marketing... something Apple is very good at!
- Musaffa, on 10/12/2007, -7/+15Come on guys, it was a PR campaign. He put on a great show but he's not actually going to drop DRM. The iPod is the poster child for DRM. Do you think Steve is going to let you play your iTunes content on a Zen? Yeah, right.
- geekee, on 10/12/2007, -5/+13I'm glad someone's calling out Steve Jobs on his bs open letter regarding DRM. It was clearly a ruse to deflect blame when iTMS was declared illegal in Norway. Macrovision has offered to help with an open DRM standard that Jobs said was too hard for Apple to do. Now defective by design is helping lead Apple to the promised land it asked for. I don't think Apple will follow this path any more than they are going to take up Macrovision on their offer. At the end of the day, Jobs wants to stick with option one of his letter, maintaining his proprietary DRM standard, that prevents the rest of the online market from selling compatible products that compete with Apple's products. The rest of the letter is the standard showmanship I've grown to expect from Jobs.
- MindStalker, on 10/12/2007, -1/+9geekee: What? Hu? No see the thing is most independent artist don't want DRM on their iTunes either. But as a music provider iTunes give you no choice to offer DRM free music. This is partially a matter of how iTunes is programmed, it stores the files and encrypts them on the fly for each individual user. They could program iTunes to offer nonDRM, but it would require some changes. Either way the call is for iTunes to offer independent artist the choice, not for them to force independent artist off DRM. Though it could have been worded better.
- ArnoldTPants, on 10/12/2007, -8/+15That letter was obviously a PR move by Jobs. The fanboys bought it, but no one else did.
- cmister, on 10/12/2007, -5/+11That seems to be the conclusion we can draw from the fact he has done nothing to back his pledge. This campaign action will show that his words ring hollow.
- inactive, on 10/12/2007, -1/+6Yeah, all those pesky consumer activists sure are evil, right?
- kevine, on 10/12/2007, -1/+5This one isn't *that* hard:
1) Drop DRM on iTunes for independent artists
All Apple would need to do is launch a new service, call it indieTunes. This would function just like the iTunes store, but with DRM turned off. The iTunes client itself would have access to both stores, links happen through the webkit. Music gets uploaded as AAC without Fairplay and downloaded as such. Before you download, the payment transaction takes place. This is all really simple, and can be 100% isolated from the current iTunes store (the only link being through the iTunes client). Heck, just buy any existing non-DRM indie store and put the friggin links to it in iTunes.
2) Drop DRM on iTunes for Disney movies and video
Who knows how hard that might be? Who knows what other battles he's got going on there.
3) Take a public stand against DRM and legislation mandating DRM by funding a campaign...
Yes, this is also a no brainer. When something is in your interest, you invest in it. - SamsLembas, on 10/12/2007, -2/+6You didn't even bother to read the article, did you?
- steveatdownmix, on 10/12/2007, -0/+4Setting a deadline for someone you have no influence over. Brilliant!
- bobthedino, on 10/12/2007, -2/+5Well that site didn't take long to go down... anyone care to describe (AKA copy and paste) what the "three things" are?
- loneconspirator, on 10/12/2007, -1/+4There are such easy steps Jobs could take to significantly affect the prominence of DRM that his letter rang hollow. I hope he responds to this, takes these actions, and asserts his genuinity (and integrity).
- MasteRR, on 10/12/2007, -0/+3"Right now, most people buy cds over digital music."
Not to pick on you, but... CDs are digital too. I think you mean 'music downloads'. (Sorry, just an annoyance)
" iTunes is not even close to being a top music seller"
I read something that showed that when comparing to traditional CD stores iTunes is actually #7 for top sales. They even beat out Tower Records and Sam Goodies. I would call them a top seller, unfortunate as it is. Not 'the' top seller, but 'a' top seller. - jtcalhoun, on 10/12/2007, -0/+3I just want to be sure I'm clear on this.
We're really expecting Jobs and the rest of Apple, Inc. to drop everything they're doing --like Leopard and other (money-making) software development, the Apple TV launch, iPhone, new iPod, and any other software or hardware we don't know about-- and spend a fortune of shareholder money on development and testing to meet some arbitrary deadline set by a marginalized group of consumers whose buying preferences apparently have little impact on iTunes sales in the present?
Meanwhile, "Miracle-Man" Jobs with his 7% share in Disney is supposed to bend that entire publicly traded company to his will, force the rest of the board to do his bidding and have market analysts and shareholders like it?
The online music sales industry probably will remove DRM one day, but it certainly won't be in the next 30 days under the threat of receiving a disapproving letter and a jester's hat. The very thought of Apple willfully removing DRM and abandoning such an important selling tool for its cash cow (the iPod) would send investors running for the hills.
Attention-whore campaigns like these are better directed at the legislature, who in rare cases can actually be shamed into doing what the public wants. The difference is that the changes made on Capitol Hill would be lasting and universal. - RealityMonster, on 10/12/2007, -0/+3Part of the problem with this request is that it's pretty much out of Jobs' hands. I'm sure part of the contract that's signed with the big record labels isn't just that he'll provide THEIR music with DRM, but that ALL music on the store will be DRMed, specifically so there's no 'thin end of the wedge' to show people that there's a better way to get music.
When in doubt, assume that the contract that RIAA imposed is the most draconian, hand-tying contract possible. Seriously. - smhill, on 10/12/2007, -0/+3I am curious how many indie artists selling on iTMS really want to sell DRM free music? Are there any articles on this? Are there any statements by artists making this claim? (ones that are currently on iTMS).
- formido, on 10/12/2007, -0/+2Steve Jobs does not have the direct power to eliminate DRM on Disney movies. I support the elimination of DRM, but I do not support lying and/or abject stupidity.
- straxus, on 10/12/2007, -1/+3@crees!
It's the record companies' fault that indie artists' music have DRM on iTunes? How does that work? - Onwlyix, on 10/12/2007, -0/+2One thing here. Why send it to him on the April 1st? He'll think it's a prank!
- geekee, on 10/12/2007, -1/+3"But I really would love to see them drop DRM for indie artists who are willing to do it."
He should drop DRM for ALL indie artists. They are not in a position to negotiate, so either no DRM, or drop them entirely. Enough of this victim mentality from Apple if they are serious about a DRM free world, as Jobs claims. - phytonix, on 10/12/2007, -0/+2Jobs does not own Disney yet.
But I really would love to see them drop DRM for indie artists who are willing to do it. If they drop price too, emusic is then obselete. - SanityInAnarchy, on 10/12/2007, -1/+3Signed and submitted to Slashdot.
- SanityInAnarchy, on 10/12/2007, -0/+2Cool, another one. I'll file that with Magnatune and Jamendo for the next time I have money to spend on music.
- brstilson, on 10/12/2007, -2/+4Right now, most people buy cds over digital music. iTunes is not even close to being a top music seller...yet.
I think Jobs' goal is to first elevate iTunes to the forefront of music sales. This will put Apple in a much more powerful bargaining position in music distribution.
One day, Jobs will be in a meeting with the major labels and say: "We've sold billions of dollars worth of music on iTunes, and now iTunes is the number one music outlet in the world. We are getting rid of DRM. If you insist on keeping it, fine, we won't sell your product. If you want to withdraw your product from the number one seller in the world, see your sales plummet and lose millions, that's your perrogative."
If you pay attention to the Jobs keynotes, he always emphasizes what position iTunes is in for online sales compared with other retailers. Basically, he's trying to out-monopolize the monopolists. - Topher06, on 10/12/2007, -0/+2Steve jobs isn't going to ditch DRM because the music industry isn't going to drop it. Remember, its the music industry that is in control, not Apple. Apple will be the first to ditch DRM when the music industry decides its not necessary, which will be a very cold day in Hell.
The most Apple might do is to offer non-DRM content on iTunes if there are distributors that opt to remove DRM, or start offering independent music and content without DRM per request.
The music industry would only drop DRM if Apple and other online stores were to pay up-front, to pay for the privaledge of selling non-DRM music. In this senario, its the music stores that will take a loss if people decide to pirate music, the music industry already got their profit. I don't see Apple embracing this scheme either as I am sure the moment Apple releases non-DRM music, the torrent sites would be saturated with "Free" iPod content.
This is Steve Job's grandstanding by saying what everybody wants to hear. He isn't a hero. What will happen now is that when the music industry eventually drops DRM at some point in the future, Steve Job's will slap himself on the back and say "See what I did". - dasluvaluva, on 10/12/2007, -0/+2I've purchased several items from iTunes (albums, tv shows, clips, etc.), and I don't feel the need to purchase anymore. I bought an XBox360 and enjoy listening music while I play. Of course, Connect360 can't convert protect files over, nor can I watch protected videos on any other device besides my laptop & iPod.
DRM restricts choices by the consumer, which is why I'm buying my albums from Amazon in the future. - evildorko, on 10/12/2007, -5/+7@SanityInAnarchy:
alright im just gonna break this down as simple as i can. for this change in iTunes youve got:
Client side modifications
Web storefront modifications
Content Management System modifications
Encoding system modifications
Potential pricing modifications
on top of that, you gotta reencode all the crap you're now gonna distribute as mp3 (or non DRM'd AAC as it'd probably be)
then you gotta do QA on all of it.test it in windows, test it in osx, test it with every ipod made for the last 5 years. test the new non-drm'd functionality and regress the original drm functionality as well.
you guys really dont know what you're talking about if you think iTunes and the music store are small and easy to manage.is it easier to do than introducing Video? absolutely. does that mean that they should do it and do it in the next 4 weeks? come on. how do you justify the resources utilized to undertake such a project? good will toward anti-drm geeks? please. - bluering, on 10/12/2007, -1/+3I signed it. It looks like only 474 have up to this point.
I say drop the willing indie artist DRM as a show of good faith. - xlocust, on 10/12/2007, -4/+6It is time Jobs put his money where is mouth is.
- antoniojvr, on 10/12/2007, -0/+2ahem: http://amiestreet.com/
/Gets off soapbox - Jerkbot, on 10/12/2007, -0/+2Assuming the labels will listen to facts and logic... hasn't happened yet.
- montyjs, on 10/12/2007, -0/+2As an independent artist, I whole heartily agree with the statements in this letter. I believe that DRMs are unethical. I know that I would never sell my music through iTunes for the reason of Digital Rights Management. I realize that I am one independent artist, but I know many other artists that feel the same way. In this day and age, young artists grow up in a state of oppression. This can only lead to rebellion.
- cmister, on 10/12/2007, -2/+3Come on Steve, surely you know you can do one of these. I vote on funding a campaign to repeal the DMCA's prohibitions on devices that circumvent DRM. That way WE can always get around DRM, and that will help the longer term fight.
- Renich, on 10/12/2007, -4/+5Favor freedom, not DRM.
- Jerkbot, on 10/12/2007, -0/+1"Don't kill the middle-man."
Well the middle-man is making a lot of money off something he doesn't agree with.
For some reason the term "selling out" comes to mind. - TiggerAK, on 10/12/2007, -2/+3Signed.
- dannystaple, on 10/12/2007, -0/+1One point to make on the client encryption. Any sufficiently competent cracker would probably be able to create or find a tool to deal with removing the DRM themselves. There are tools around that will strip DRM from tracks bought at iTunes. So why would this be any different. The technical barrier to illegally gaining music content, unDRM'd and even unpaid for is very, very low indeed. The security problem mentioned is a non-issue.
The only thing is about legal distribution of non-DRM'd content. In the day and age of the DMCA, then this ability to have two modes (or two stores, or whatever) to allow for more flexible and playable legal content would be great. I would certainly buy more tunes from there if such music was available. - Aleks, on 10/12/2007, -0/+1This is a pretty stupid idea, but what if instead of DRM Apple, Microsoft, etc embed non-removable metadata within the audio/video files.
Data which will deter people from posting the files onto P2P sites like mininova... for example first and last name, address, etc. Info you don't mind giving to your friends and family but certainly not the P2P userbase. - phytonix, on 10/12/2007, -0/+1Don't get personal. Don't be too harsh on Jobs. He is a person too.
- clickmyface, on 10/12/2007, -1/+2"The fact that you have not taken any action leads us to ask the question: How genuine is your pledge?"
His pledge was to drop DRM if the big-four let him. His argument was that record labels, Apple, and consumers would benefit from dropping it. Big-four has not given him permission to drop it. Thus what action did you expect? What has indicated that he was not being genuine? Do you think Apple has control where DRM can and cannot be?
On top of the overlying questions above, this letter you want us to send to Apple is too long and too scattered. And stop referring to his OPEN LETTER as a "blog."
When generating e-letters and hoping to provoke a response from Apple you really need to be a lot more professional than this. - dvgraphics, on 10/12/2007, -0/+1I'd like to see this happen as much as anyone- but is it a little much to expect results in 30 days? If it happens within a year, I'll be impressed. Besides, the music industry isn't is easiest group of idiots to work with.
I think it's very clear to Apple that if they don't follow-up on this very high-profile open letter, then they'll have some serious pie on their face. Technology companies rarely have to make promises about the future. One of the few times Apple did ("The G5 will be at 3GHz in 12 months"), they were the laughing stock of the GHz wars. Look at Microsoft with all of it's broken promises for Vista (WinFS, etc)- I'm hoping these mistakes in the past have taught Apple (and everyone) to be careful what you pledge to your customers. - SanityInAnarchy, on 10/12/2007, -0/+1Um, you do realize they're an FSF organization?
But yes, I realize the truth is annoying and uncomfortable. So what would you prefer? I find DRM a hell of a lot more annoying than DefectiveByDesign. I can choose to ignore DBD, but I can't choose to ignore DRM. - scarface74, on 10/12/2007, -0/+1"I read something that showed that when comparing to traditional CD stores iTunes is actually #7 for top sales. They even beat out Tower Records and Sam Goodies. I would call them a top seller, unfortunate as it is. Not 'the' top seller, but 'a' top seller."
Actually that was over a year and a half ago. As of November '06 Apple is #4 according to Soundscan (1 album=10 songs). The only retailers who sell more than Apple in the US are Walmart, Best Buy, and Target. They recently overtook Amazon. -
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