This article looks at the battle between Apple and RealNetworks over the creation of Harmony, which has music that is compatible with the iPod. RealNetworks took a step towards interoperability when they created a version of Harmony that is iPod compatible without licensing from Apple. Apple immediately responded to the situation by claiming that they are looking into the legality of Harmony under the DMCA. Apple also said that future iPod software updates would put an end to the compatibility. RealNetworks claims that they have acted legally and changed the DRM on their music, which they own, to work with the iPod. Apple has a lot to protect with the iPod since it makes up a considerable amount of their revenue. Critics of RealNetworks argue that there has been interoperability with the MP3 format, and it is the use of alternate formats, such as WMA, that has put an end to widespread compatibility. Others argue for Apple to license its DRM and software to companies that sell digital music in order to solve the interoperability issues. Some also think that if Apple prevents this compatibility, there may be a consumer backlash, as the limits of the technology under the DMCA are brought to the foreground. It is also known that it is beneficial for Apple not to have compatibility because it will take away from their profits. If there is compatibility, and WMA files can be put on an iPod, there will be little reason for people to use iTunes and stay only within the Apple realm. The ability of RealNetworks to create a version of its software that allows music purchased to be compatible with the iPod poses a threat to Apple on a larger scale, because it opens up the possibility to other major competitors such as Microsoft. However, analysts say that complete compatibility will not happen anytime soon because each company wants to be able to dominate the market with their technology.
This article, although brief, is interesting because it shows how Apple responded to a threat to its control of an industry. This article was written very soon after RealNetworks announced that it had created a version of Harmony that allowed iPod compatibility. It shows how the immediate response to a threat like this is the DMCA. Apple immediately turns to the laws not because of copyright, but because they want to maintain control of their iPod empire. This shows how the DMCA is used to protect monopolies and prevent widespread compatibility and interoperability. The nature of copyright law changes with the DMCA, which is exploited by technology companies and used as a means of market control and monopolization.
This article, although brief, is interesting because it shows how Apple responded to a threat to its control of an industry. This article was written very soon after RealNetworks announced that it had created a version of Harmony that allowed iPod compatibility. It shows how the immediate response to a threat like this is the DMCA. Apple immediately turns to the laws not because of copyright, but because they want to maintain control of their iPod empire. This shows how the DMCA is used to protect monopolies and prevent widespread compatibility and interoperability. The nature of copyright law changes with the DMCA, which is exploited by technology companies and used as a means of market control and monopolization.
belongs to DMCA: The New Face of Copyright Law project
tagged Apple Copyright DMCA RealNetworks iTunes by slstein ...on 27-NOV-06
tagged Apple Copyright DMCA RealNetworks iTunes by slstein ...on 27-NOV-06
This article argues that the anti-circumvention laws of the DMCA are being used to stifle competition and not in the spirit of copyright law in the traditional sense. EFF claims that the DMCA puts scientific research, freedom of expression, fair use, competition and innovation and computer intrusion laws into jeopardy. The next part of the article explains how the DMCA was enacted and what congress intended the laws to be for and protect. The third section of the paper is evidence for the claim that the DMCA hampers research. This section looks both and legal matters, speeches and how the DMCA works with the rootkit technology put on CDs. The section also gives many examples of how research has been threatened and stopped because of the DMCA. There are also examples of censorship and publications that were limited and pulled from publication because the DMCA, thus showing how it prevents free speech. The fourth section of the paper gives examples of how the DMCA violates fair use, a fundamental principle of copyright law. This section gives examples of DVD back-up software that is banned. It also talks about copy protected CDs, ebooks, time shifting and manipulating fonts. All of these examples show how actions that are allowed under the fair use doctrine can no longer exist under the DMCA. The fifth section is about how the DMCA works against innovation and competition. The DMCA stops progress and competition instead of working for it, as copyright law was designed to do. This section gives examples of how the DMCA gets exploited by companies in order to control their market and the after markets. This section gives examples of how the DMCA is used to control cell phone networks, music downloading, photography software compatibility and printer toner cartridges. The DMCA is also used by videogame companies to disallow compatibility and prevent their games from being played on other platforms. The sixth section of the paper deals with computer intrusion laws and how they are “displaced” by the DMCA. This section uses a court case to show that even though this exists, this is the one thing that the courts are beginning to regulate. The paper concludes that the DMCA takes copyright too far by disallow standard practices that are legal under regular copyright law. The threat that the DMCA will be stretched farther with time also exists.
I will use this paper for the examples it gives of how the DMCA functions against the intentions behind copyright law. I will also use it as a starting point and further research some of the examples it provides. The paper gives a good, clear analysis of the major issues of the DMCA and shows how it is being used as a means of exploitation rather than as copyright law. The DMCA violates the principles that copyright was founded on.
I will use this paper for the examples it gives of how the DMCA functions against the intentions behind copyright law. I will also use it as a starting point and further research some of the examples it provides. The paper gives a good, clear analysis of the major issues of the DMCA and shows how it is being used as a means of exploitation rather than as copyright law. The DMCA violates the principles that copyright was founded on.
tagged Anti-Circumvention Apple Copyright DMCA DRM RealNetworks
by slstein
...and 1 other person
...on 25-NOV-06


