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Peeve Farm
Breeding peeves for show, not just to keep as pets
Brian Tiemann
Silicon Valley-based purveyor of a confusing mixture of Apple punditry and political bile.

btman at grotto11 dot com

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Wednesday, December 3, 2003
15:50 - Dig harder, Andrew
http://www.theregister.co.uk/content/6/34291.html

(top) link
Damien sends me this Register article in which Andrew Orlowski, with the help of several adroit readers, has unearthed a scandalous secret: iTunes/AAC DRM places restrictions on consumers. Oh me, oh my.

Johansen posted his code on Friday a week ago, but the discussions were rumbling on well into Thanksgiving: the remarkable thing being how people who had happily bought iTunes music without realizing that they were guinea pigs for a much larger social engineering experiment were now cottoning on. What seemed like a friction-free source of happiness one day, looked like a noose the next.

How so?

Well, by observing the time honored BBC tradition - that there are only two, and never more than two sides to an argument - Apple's alliance with the RIAA has been welcomed in the public prints as an honest compromise. On one side, there are P2P file swappers, on the other, are the pigopolists who want to lock down your music forever.

It's an appealing, but absurd reduction, however; one that's flawed by the amount of ideology that's already baked-in to the argument. As Register readers pointed out, the issue is one of who owns, or has rights to use our common culture. That means stuff we created ourselves, and only we can decide is worth sharing. And as many of you pointed out, what we call the "entertainment industry" today is merely a distributor, much like the Victorian canal owners were in the last century, in Britain. The smarter Bridgewaters bought into the upcoming railways, while the dumber canal owners didn't, and died a natural death. Today's pigopolists don't "own" the culture simply by claiming that their exclusivity is based on technology - that's a social contract we don't buy, and history, in most cases, is on our side.

So for Apple to pop up and grant the dying RIAA members a $99c toll on each song - when the distribution costs are zero, and when the RIAA is so manifestly corrupt - is a pill many find hard to swallow.

I don't know what it is he's trying to say here-- that Apple shouldn't be charging money for songs? That they should sell music but shouldn't have to give any of the money to the RIAA? That they can collect a profit but the song files should have no DRM? I thought we'd been through all this before.

His readers-- not, mind you, what he calls the "Apple Taliban" who have the nerve to suggest that QTFairUse doesn't really present much more of a vulnerability to iTunes' saleability than re-recording using an analog line-in cable-- come across as bitter basement pundits:

"I'm glad to see the system is being challenged, not being a user of ITunes I didn't realize there were copying limitations on the files. For the life of me I can't figure out why on earth ANYONE would be willing to spend $1.00 per song and get nothing more than a file. This seems to me that the consumer is being screwed royally by the RIAA. It works like this: I end up paying $15-20 dollars for a CD and get no physical product. The record company gets to sell it for the same price but pays nothing for manufacturing and distribution. No middle men to speak of, the public gets hosed. But that's what they've been doing for years anyway. Just curious, does the artists cut increase with online distribution? Support the artists but boycott the RIAA and overpriced online music."

Of course he's not an iTunes user, but he's all too willing to call it "overpriced". Look, genius, you have two options: pay money for legal music that follows well-established rules of commerce, or get it on KaZaA for free. It's obvious which you'd prefer, but if your threshold for making the move to purchased digital music is "When it's free", then you've bifurcated yourself from the rest of the music-buying community, along with the rest of the file-swappers. These two camps will fluctuate in relative size until one wins. But they won't merge. Purchased music won't become "too cheap to meter". The RIAA won't shrivel up and disappear. If you're not willing to compromise, well then, good on you for holding on to your principles, whatever they are.

But thanks to the connivance of get-rich-quick computer companies, who have this year tried to market DRM, the dying industries have an opportunity: not only to control the distribution of popular culture, but of course its price, too. And remember, most of that $99c goes back to the pigopolists. Even seasoned music industry executives are championing models that allow music to be shared, and that give the artists their fair due. The Apple-RIAA pact closes such arguments, both parties argue, all in the sake of 'convenience'.

But at what cost does this convenience come?

For a Steve Jobs, relaxing in his Austin Powers Peninsular pad, downloading Fleetwood Mac from one expensive gadget to another expensive gadget must seem the very embodiment of friction-free futurism. Bully for him. But for readers such as Gene Mosher, enjoyment of our culture represents a very inconvenience. Let's hear it in full, once again -

. . .
I'll be damned in hell before I accept the notion that I and my ancestors who love to listen to the audio arts are in any sense guilty of anything that is illegal, wrong, evil, immoral or improper.

Remember when we smirked at Tommy Lee Jones in Men In Black when he held up that little mini-disc thing which he said would replace CDs, and ruefully sighed that he'd have to buy The White Album again?

Damn "pigopolists".

I suppose this is the shining alternative, right?

As with so much Apple technology, iTunes DRM is a matter of learning to stop worrying and love the bomb. Stop fighting the pulsing rhythm of IT and become a citizen of Camazotz. Or, if you prefer, just quit trying to second-guess the system and find a way to get something for nothing. iTunes' DRM is less restrictive than any of the WMA-based schemes, and if even that's not good enough to wean you from KaZaA, then we can't expect that anything will. But in a couple years, when everybody's enjoying their legit digital music, which they bought for less than it would have cost on CD, guess what: they will be in the position that PC-based gamers are in now relative to Mac users. Having accepted a modest sacrifice, they're now the mainstream... and the holdouts have the look of crazed basement-dwelling Luddites. You wouldn't want that to happen, would you?

God damn, I'm tired today.


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