In a small victory for Real, they got the case moved out of the studio-infested Central District to California's Northern District court. Now they just have to convince the studios and the judge that the extra DRM sprinkles it piles on top of the rips make RealDVD totally kosher. [Electronista]

The stakes for RealNetworks aren't terribly high either, as sales of RealDVD might have been slow because of, oh, I don't know, the mountains of free software that does a better and more complete job. Within the day, Real filed a countersuit which could possibly set a new precedent for the interpretation of the Hollywood's DVD license. Even in a best-case scenario, the most legal headway that could probably be made would be to permit neutered software like RealDVD, which would still leave any useful method of DVD backup well outside of the law. [NYT]

If Apple doesn't respond to the allegations by Nov. 3, Norway will take Apple before its very diplomatic and wussy-sounding Market Council as the first test case to force Apple to bust open FairPlay. If Norway is for seriously taking on Apple, iTunes-loving Norwegians better enjoy its full DRM'd bounty while they can, especially if any ruling about FairPlay extends to movies and TV shows—guess what's slathered all over them? Why?

Likelier actions from Apple than handing over the FairPlay keys: shutting down the iTunes Store in Norway, pulling everything with DRM, or a blitzkrieg into Oslo. [Yahoo! via Ars Technica]

From: Walmart Music Team
Date: Fri, Sep 26, 2008 at 7:42 PM
Subject: Important Information About Your Walmart.com Digital Music Purchases
To: xxxxxx@gmail.com

Important Information About Your Digital Music Purchases

We hope you are enjoying the increased music quality/bitrate and the improved usability of Walmart's MP3 music downloads. We began offering MP3s in August 2007 and have offered only DRM (digital rights management) -free MP3s since February 2008. As the final stage of our transition to a full DRM-free MP3 download store, Walmart will be shutting down our digital rights management system that supports protected songs and albums purchased from our site.

If you have purchased protected WMA music files from our site prior to Feb 2008, we strongly recommend that you back up your songs by burning them to a recordable audio CD. By backing up your songs, you will be able to access them from any personal computer. This change does not impact songs or albums purchased after Feb 2008, as those are DRM-free.

Beginning October 9, we will no longer be able to assist with digital rights management issues for protected WMA files purchased from Walmart.com. If you do not back up your files before this date, you will no longer be able to transfer your songs to other computers or access your songs after changing or reinstalling your operating system or in the event of a system crash. Your music and video collections will still play on the originally authorized computer.

Thank you for using Walmart.com for music downloads. We are working hard to make our store better than ever and easier to use.

Walmart Music Team

[BoingBoing]

To be fair, Sony's licensing agreement claims "Content cannot be redownloaded once it has been downloaded to either a PLAYSTATION 3 or PSP system." In other words, anyone who has downloaded a film has agreed to this arrangement fair and square. But making a call to Sony in the instance where you delete the movie can grant you a one time exception.

Just all the more reason why digital downloads make for a great way to rent a movie, but a crappy way to buy a movie. [arstechnica]

Filed last year and published only in the last few days, the patent frames the problem as such:

In order to accommodate the sensor and provide appropriate data to the iPod nano, the shoe must be a Nike+ model with a special pocket in which to place the sensor. However, some people have taken it upon themselves to remove the sensor from the special pocket of the Nike+ shoe and place it at inappropriate locations (shoelaces, for example) or place it on non-Nike+ model shoes.

Yes, someone has taken it upon themselves to use the $29 Sport Kit's sensor in shoes other than those with a tiny pouch specifically engineered by Nike to be the only way to get accurate data from the sensor. So this obviously calls for action:

A method of electronically pairing a sensor and a garment, comprising:(a) establishing a communication link between the sensor and the garment; (b) determining if the garment is an authorized garment; and(c) electronically pairing the garment and the sensor.

Granted, the system also calls for some useful two-way communication between your shoes and the Nike+ software, including potential wear notifications when your toe is about to jump out of your kicks, if you didn't know already. But as is SOP for patent filings, all bases are covered, which means that when our smart auto-drying jackets have to phone home to a Auto-Drying Jacket Genuine Advantage server before firing up after we've taken a dip in the clock tower reflecting pool, we can all thank Apple, who just made two cents off of the transaction. [US Patent Filing via Ars Technica via BBG]

First of all, this isn't the first time a consortium like this has been established. For example: The Secure Digital Music Initiative was formed in 1998 only to die a horrible death a few years later. Second, I don't see any mention of Apple on the list of participants—but I do see Comcast on there. You know, the same ISP enforcing 250GB data caps on its subscribers. So they are all for unlimited access to content...as long as you keep it within reason. It doesn't seem to be viable to me in its current form, but I will withhold judgment until the full details are revealed in January at CES.

Industry Leaders to Create Global Standard Enabling

"Buy Once, Play Anywhere" Consumer Experience for Digital Media

Major Hollywood studios, retailers, service providers, and consumer electronics and IT

companies to develop framework for bringing together digital products, content and services

for consumers

LOS ANGELES (September 12, 2008) – Today, an international and cross-industry group of more than 20 leading companies announced the formation of a consortium, Digital Entertainment Content Ecosystem (DECE) LLC ("DECE LLC"), that will define and build a new digital media framework using industry standards, and will enable consumers to acquire and play content across a wide range of services and devices. Anchored by Alcatel-Lucent, Best Buy, Cisco, Comcast, Fox Entertainment Group, HP, Intel, Lionsgate, Microsoft, NBC Universal, Paramount Pictures, Philips, Sony, Toshiba, VeriSign and Warner Bros. Entertainment, DECE LLC will address growing consumer confusion around buying, downloading and playing digital content offered by multiple services by working toward a simple, uniform digital media experience.

"This is great news for consumers hungry for access to a wider array of digital content they can enjoy on any device they own. We formed this consortium to give consumers that kind of power and choice," said Mitch Singer, president of DECE LLC, on behalf of its members. "To open up the market for digital distribution, we are developing a specification that connects a wide variety of services and devices. DECE LLC is taking the lessons learned from the successful "buy once, play anywhere" experience that we enjoy with CDs, DVDs and Blu-ray today, and using a similar approach in developing the next generation digital media experience."

Over time, DECE LLC will issue a licensable specification, along with a recognizable brand and logo for compliant products and services that will assure consumers that content they download will play on their devices. The specification, based on industry standards, will outline the hardware and software requirements for companies to follow as they define new consumer experiences.

The specification will also define how consumers can enjoy their purchased content on an assortment of devices, or even remotely, thereby creating the convenience of a virtual library, accessible in the home or on the road. By offering consumers the same level of confidence and comfort with digital content that they feel today with physical media, DECE LLC believes it can bring real value to digital content.

As DECE LLC moves ahead, it will continue to seek broader industry support across the content, software, hardware, retailer and service provider sectors, and will issue more information around its development and release plans.

Here's why this is so obnoxious: They're not just screwing over actual people—you know, a mom or some college kid who really just wants to get their computer fixed—but Apple isn't going to drop DRM in response to this lame stunt. If you really feel that the "iPhone 3G restricts your freedom," just don't buy it [emphasis theirs]. Mock people's ignorance, call them iSheep, hand out snazzy flyers, dress up like a drooling iPod in cage, whatever. But just let them get their damn computers and gadgets fixed in peace. The Genius Bar lines are long enough as it is. [Defective by Design]

The next step, of course, is to get some sort of repository for hacked apps going. iPhone developers who are still pissed about the NDA might be receptive to people paying for their app on the iTunes store, but getting TIMELY updates from another source (or direct from themselves). This way users can bypass that week-long waitlist for revisions we're currently seeing in the App Store. [iPhone hacking via haklabs via Macnn]

five million songs in your pocket – every one is yours to DISCOVER, play and enjoy

Verizon Wireless Teams Up with Rhapsody to Enhance the Leading Mobile Music Service with Unlimited Subscription Music for $15 a Month and the Simplicity of Digital Rights Management-Free Songs

BASKING RIDGE, N.J., and SEATTLE – Mobile music enters a new era today as Verizon Wireless and Rhapsody®, the digital music service from RealNetworks® (Nasdaq:RNWK) and MTV Networks, launch V CAST Music with Rhapsody. Combining Verizon Wireless’ world-class, over-the-air mobile music service with Rhapsody’s leading desktop solution, V CAST Music with Rhapsody delivers unlimited monthly access to music on up to three Rhapsody-compatible mobile phones and players and online on multiple PCs and web browsers, for less than the cost of a single CD. In addition, customers who purchase music over-the-air are able to download the master copy of the songs or albums to their PCs free of digital rights management (DRM) software that restricts how and where music can be played.

With V CAST Music with Rhapsody, Verizon Wireless customers are still able to purchase songs over-the-air for $1.99 and get two copies of the song: the first for their phones, the second for their PCs in the DRM-free MP3 format. When customers download the V CAST Music with Rhapsody Software to their PCs and sign up for the monthly subscription, they have the ultimate music management service, including:

o Unlimited subscription syncing with access to more than five million songs







o Creating and accessing playlists, viewing playlists of other users, including celebrities







o Burning, importing and converting CDs to play anywhere







o Managing an existing digital music collection for free and syncing it to their mobile phones







o Buying non-protected MP3s of songs on the PC for 99 cents per song







o Buying songs on the phone, over-the-air – get two copies of the song for just $1.99 (one is over-the-air, the second master copy is the MP3 file customers download onto their PCs)

By subscribing to V CAST Music with Rhapsody, customers can discover new music from millions of songs, without breaking the bank. Whether a hard core music fan or a casual listener, customers of all music appetites will love the flexibility that 5 million songs give them to discover new music, listen to old favorites and find just the right song to suit their mood.

While Verizon Wireless customers continue to have the ability to get their favorite music while on-the-go via full song over-the-air downloads, ringtones and ringback tones, V CAST Music with Rhapsody also provides them with an award-winning desktop music application, allowing them to sync their favorite music quickly and easily, directly to their mobile phones. Now music lovers will be able to manage their collections with the most comprehensive music management tool and take their music with them anywhere.

John Harrobin, senior vice president of digital media and marketing for Verizon, said, “V CAST Music with Rhapsody fulfills Verizon’s promise to deliver the best mobile experience to our customers. Now, music fans can not only get the benefit of immediate access to music over-the-air, but also – in partnership with Rhapsody – customers can seamlessly integrate the leading mobile music service, available on a choice of devices they carry with them everyday, with the ultimate desktop experience.”

Rob Williams, senior vice president of music products for RealNetworks, noted, “Working with Verizon Wireless, we are able to extend the reach of the award-winning Rhapsody service to millions of mobile phones. V CAST Music with Rhapsody gives mobile phone users the best experience of any music service on the market while also giving them access to unlimited music, whether at home or on-the-go.”

Verizon Wireless customers who simply want to manage or buy music can download the V CAST Music with Rhapsody software for free at www.verizonwireless.com/music. Customers interested in a subscription may sign up for $14.99 monthly subscription online or by visiting a Verizon Wireless Communications Store, including those in Circuit City, or by calling Customer Service at 1-800-2-JOIN-IN.

V CAST Music with Rhapsody will be available on the marquee V CAST Music with Rhapsody device, the Chocolate 3 by LG, when the phone becomes available in July; the service is also available today on select phones, including the LG Decoy™ and LG Dare; MOTO™ W755; Samsung SCH-u550, Samsung Glyde™ and Samsung Juke. Customers using the MOTORIZR Z6tv, MOTORAZR² V9m or LG VX8700 may bring their phones into a Verizon Wireless Communications Store to receive a free software upgrade on their phones to access the service.

For more information about Verizon Wireless products and services, visit a Verizon Wireless Communications Store, call 1-800-2 JOIN IN or go to www.verizonwireless.com.

Napster Launches World's Largest MP3 Store Featuring 6 Million Tracks

Songs Purchased at Napster Now Compatible With iPod and iPhone
LOS ANGELES —(Business Wire)— May. 20, 2008 Napster (Nasdaq:NAPS), the pioneer of digital music, today announced the launch of the world's largest and most comprehensive MP3 store at http://www.napster.com/store.

Napster's download store is more than 50% larger than any other MP3 store and boasts not only the largest major label MP3 catalog in the industry, but also the largest library of independent music available anywhere. All Napster download sales in the U.S. will now be in the user-friendly, DRM-free MP3 format, which is compatible with virtually any MP3 player or music phone including the iPod and the iPhone. Napster is the first music subscription service featuring major label content to offer 100% of its catalog in the MP3 format for download sales.

"Music fans have spoken and it's clear they need the convenience, ease of use and broad interoperability of the DRM-free MP3 format, and they want to be able to find both major label artists and independent music all in one place. Napster is delighted to deliver all of this and more with the world's largest MP3 catalog," said Napster's Chairman and CEO Chris Gorog. "Our new MP3 store, together with our award-winning 'all you can eat' music subscription service, provides the most comprehensive and exciting music experience available. Virtually any portable device in the world can now be used to enjoy tracks purchased at Napster, which is an important breakthrough for our company."

Pricing for download sales will remain at 99 cents for single MP3 tracks and $9.95 for most MP3 albums, Napster confirmed. The vast majority of the MP3 catalog, including all major label content, is available at a high-quality 256kbps bitrate, and downloaded tracks include high-resolution album art. Consumers can visit and browse the download store with no obligation or commitment, and can also choose to subscribe to Napster's on-demand streaming service, which is web-based and can be accessed from any Internet-connected computer without downloading software.

"Our goal is to enrich your life with music, in ways that are personalized to you," said Chief Operating Officer Christopher Allen. "Napster now offers a truly complete and synergistic digital music destination, where music lovers can not only discover and listen to music, but also buy and own everything they want in MP3 format, which works on any music player. The combination offers consumers the best of both worlds."

Napster gives music fans the freedom of choice to discover, experience, and buy music on their own terms. With its web-based, open, innovative products and services, Napster gives consumers the ability to enjoy music across their desktop, living room, portable music player, and mobile phone.

"Developing online music services into true go-to consumer music destinations depends in large part on reducing hurdles to adoption," said Susan Kevorkian, IDC's Consumer Markets program director, "By offering millions of high quality, MP3-encoded DRM-free tracks from all of the major labels as well as independents, this service is well-positioned to appeal to the broad spectrum of music lovers, including iPod and iPhone owners."

Hughes' argument centers around subscriptions: "(Recently) I made a list of the 22 ways to sell music and 20 of them still require DRM...any form of subscription service or limited play-per-view or advertising offer still requires DRM. So DRM is not dead." And he thinks subscription services are where we're headed (or at least the industry hopes so), meaning DRM for all.

But the fact that he's pinning DRM's survival on subscriptions—as opposed to advocating for it on all tracks you buy online—shows that we actually have come a long way, and DRM is dead, at least in one sense. Contrast with the MPAA's rep, whose industry is still in the beginning of the DRM life cycle: "We need DRM to show our customers the limits of the license they have entered into with us." The RIAA is a veritable Lessigian copyright hippie in comparison. [CNET]

While Apple won't be turning off FairPlay's authentication servers anytime soon, I do have this semi-dystopian fantasy of them all simultaneously, spontaneously combusting and watching billions in legally purchased music go up in smoke as it all becomes basically unmovable, save circumventing the tracks' DRM, if only so the average consumer finally learns what those three little letters really mean. Good times. [Last 100 via Dave Zatz]

It took 32 days, but Microsoft eventually solved the problem by re-licensing the old content to the user's new Xbox 360 serial number. However, keep this in mind—he did get the usual runaround until specifically asking support for the points to re-download his content. It was only then that he was offered the re-licensing option. Personally, I think it is a lot of bs to go through (you shouldn't have to wait 32 days for anything) but it did work—and that is a step in a positive direction. [Consumerist Photo via Milkham]

In the fine print that you "agree" to, Amazon and Sony say you just get a license to the e-books—you're not paying to own 'em, in spite of the use of the term "buy." Digital retailers say that the first sale doctrine—which would let you hawk your old Harry Potter hardcovers on eBay—no longer applies. Your license to read the book is unlimited, though—so even if Amazon or Sony changed technologies, dropped the biz or just got mad at you, they legally couldn't take away your purchases. Still, it's a license you can't sell.

But is this claim legal? Our Columbia friends suggest that just because Sony or Amazon call it a license, that doesn't make it so. "That's a factual question determined by courts," say our legal brainiacs. "Even if a publisher calls it a license, if the transaction actually looks more like a sale, users will retain their right to resell the copy." Score one for the home team.

There's a kicker, though: If a court ruled with you on that front, you still can't sell reproductions of your copy, an illegal act tantamount to Xeroxing your Harry Potters. You'd have to sell the physical media where the "original" download is stored—a hard drive or the actual Kindle or Sony Reader. Our guess is that it only gets more complicated from here. What happens when the file itself resides only on some $20-per-month Google storage locker?

For more details, have a look at the original, surprisingly readable legal summary:

The (Potential) Legal Validity of E-book Reader Restrictions By Rajiv Batra, John Padro, Seung-Ju Paik and Sarah Calvert

Many users are unhappy that e-book readers, such as the Sony Reader and the Amazon Kindle, restrict the sharing, borrowing and transferring of e-books. While some argue that the "first sale" doctrine should allow users to transfer an e-book in the same manner as a hard-copy book, these contentious restrictions may be valid under current law.

The Sony Reader and the Amazon Kindle

The Sony Reader and the Amazon Kindle are portable media devices designed to carry and display e-books and other electronic documents. Kindle has a mobile broadband function that allows users to browse online content and download e-books while on the go. Alternatively, the Sony Reader requires users to download and manage their library of e-books via a home computer.

The contentious characteristic of both products is that they bar users from sharing their e-books with other users. For example, Kindle's license agreement grants a "non-exclusive right to keep a permanent copy...solely for your personal, non-commercial use." Consequently, Kindle users may "not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to...any third party." The Sony Reader has similarly restrictive language in its license, but does allow users to copy e-books to several other Readers as long as they are registered to the same account.

The First Sale Doctrine

Some users have argued that these license restrictions violate the "first sale" doctrine. Under the Copyright Act, the first sale doctrine allows the owner of a particular copy of a work to sell, lease or rent that copy to anyone they want at any price they choose. These rights only apply, however, to the particular copy that was purchased; any unauthorized reproduction or copying of that work constitutes copyright infringement. For instance, you can't give away photocopies of Harry Potter and the Deathly Hallows, but you can auction your paperback on eBay when you're finished with it.

When it comes to digital works, however, two complications arise: first, consumers might only hold a license to the content, rather than all of the rights that come from a sale; second, without a traditional physical container for each purchased work, consumers may not practically be able to sell their "particular copy" at all.

License vs. Sale

The first sale doctrine only applies to the "owner" of a copy of a work, so end users who acquire content by license do not enjoy the right to resell their copies. Whether a transaction is a license or a sale is a factual question determined by courts—even if a publisher calls it a license, if the transaction actually looks more like a sale, users will retain their right to resell the copy. However, as more commercial transactions involve the transfer of digital content—particularly commercial software—courts have struggled to consistently make the distinction between license and sale. Software is increasingly transferred with highly restrictive licensing terms, but federal case law has not clearly determined whether these types of transfers are licenses or true sales.

Kindle and the Sony Reader are following this licensing trend and creating restrictive licenses that users must agree to upon using the product. If these agreements are found to be enforceable licenses, they could serve as the legal authority to limit users from selling or otherwise transferring the e-books they download.

Amazon vs. Sony

Both license schemes are equally restrictive, but each product limits use in a slightly different manner. Amazon Kindle's use license expressly limits the extent and use of both the device and the digital media. The Sony Reader's restrictions operate in two steps: a license to use the device and a second license to use the e-book library software (created by Sony). In both devices, users are not allowed to circumvent or alter the pre-installed software on the device.

For digital media, Kindle's agreement allows users one permanent copy. The Reader, on the other hand, allows one user to posses multiple copies as long as they are all registered to that user. Both regimes are equally restrictive on the distribution, copying, and sharing of purchased e-books (to other users).

The reason for the differences in these restrictions is a result of their technical characteristics. Amazon's wireless store requires the terms to be agreed on initially, while the Sony Reader's reliance on iTunes-like software allows a separate use agreement. In effect, both agreements accomplish the same level of restriction, but you have a little more leeway with the number of copies with the Sony Reader.

Hard Copies vs. Digital Copies

Another possible complication stems from the inherent difference between transferring an e-book and transferring a hard-copy book. The transfer of a hard-copy book is just that; the physical transfer of one copy. The transfer of an e-book, however, requires the digital recreation or copying of that e-book. Because the first sale doctrine allows transfers of only your particular copy, and not reproductions or recreations, a digital transfer of an e-book is probably impermissible. Thus, users of Kindle and the Sony Reader can only legally transmit works by selling the physical media on which they are stored—be that the e-book readers themselves or the users' hard drives.

While the restrictions on e-books may initially seem inconsistent with the rights granted for hard-copy books, these differences are the consequence of new digital products outgrowing traditional copyright doctrines. Such issues are currently being examined by legal scholars and industry insiders, but only time will tell whether this degree of control over digital media is acceptable to society.

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[Wired via Ars Technica]

Apple also boasts 50 million iTunes customers and over 4 billion tracks sold. It's a nice celebratory email, based on solid facts, but it hides some serious insecurities: things might not remain this rosy for long.

More and more people will soon discover Amazon's download store, with higher-res, lower-priced non-DRM MP3s, plus automatic loading into iTunes. Many iPod owners will also be drawn to Wal-Mart's own increasingly busy download department, though in our Battlemodo we decided Amazon was the better bet.

You can't get just anything DRM-free yet, and iTunes still has some sweet exclusives, but with stronger support from all four major labels, Amazon is bound to overtake iTunes by and by, and Wal-Mart may easily expand its lead.

Apple's release:

iTunes Now Number Two Music Retailer in the US

iTunes Customers Top 50 Million

CUPERTINO, California—February 26, 2008—Apple® today announced that iTunes® (www.itunes.com) is now the number two music retailer in the US, behind only Wal-Mart, based on the latest data from the NPD Group*. Apple also announced that there are now over 50 million iTunes Store customers. iTunes has sold over four billion songs, with an incredible 20 million songs sold on Christmas Day 2007 alone, and offers the world's largest music catalog of over six million songs from all of the major and thousands of independent labels.

"We'd like to thank the over 50 million music lovers who have helped the iTunes Store reach this incredible milestone," said Eddy Cue, Apple's vice president of iTunes. "We continue to add great new features like iTunes Movie Rentals to give our customers even more reason to love iTunes."

Last month, Apple launched iTunes Movie Rentals featuring movies from all of the major movie studios including 20th Century Fox, The Walt Disney Studios, Warner Bros., Paramount, Universal Studios Home Entertainment, Sony Pictures Entertainment, Metro-Goldwyn-Mayer (MGM), Lionsgate and New Line Cinema. Users can rent movies and watch them on their PCs or Macs, all current generation iPods**, iPhone™ and on a widescreen TV with Apple TV®. iTunes Movie Rentals will offer over 1,000 titles by the end of this month, including over 100 titles in stunning high definition video with 5.1 Dolby Digital surround sound which users can rent directly from their widescreen TV using Apple TV.

iTunes 7.6 is available as a free download at www.itunes.com. iTunes Movie Rentals are available in the US only and are $2.99 (US) for library titles and $3.99 (US) for new releases, and high definition versions are priced just one dollar more with library titles at $3.99 (US) and new releases at $4.99 (US). Movie rentals from the iTunes Store for Mac® or Windows require iTunes 7.6. iTunes Movie Rentals require a valid credit card with a billing address in the country of purchase.

*Based on data from market research firm the NPD Group's MusicWatch survey that captures consumer reported past week unit purchases and counts one CD representing 12 tracks, excluding wireless transactions. The iTunes Music Store became the second-largest music retailer in the US after Wal-Mart, based on the amount of music sold during 2007.

**Movie rentals work on iPod classic, iPod nano with video and iPod touch.

But can Sony do such things legally? According to their producer Mark Bunting, it's fair game:

We've talked to our legal department about it. All we're doing is moving it out of PlayTV and to the cross-media bar as if it was any other recording. So hopefully users won't do stuff they shouldn't do with it...If I'm prohibited from getting the recording off and storing it somewhere else because some other dude is making money out of selling it, then I'd rather they brought the law in to catch those people.

The method doubleTwist uses isn't quite perfect, however. You drag and drop files onto the app, which then fast forwards the file in order to rip and re-encode the contents, which makes it a lossy conversion instead of a purely lossless ripping of the DRM. You can convert about 100 songs in half an hour—much more convenient than the old method of burning a CD, then ripping it back into iTunes.

The whole thing gives you a 5% degradation in sound quality, but is a small price to pay for someone who wants to migrate your music over into another biosphere, such as the PSP, the Zune, Nokia's N-Series, Sony Ericsson's phones, Palm and Windows Mobile (just for example). [Reuters]

For starters, NASA: You got the choice of the entire Beatles catalog, and you pick a song only because it contains a relevant metaphor? I mean, have you ever listened to Revolver? Wait, actually, you clearly must've, since Paul McCartney performed "Good Day Sunshine" in Nov. 2005 for the astronauts aboard the International Space Station. If you're aiming at aliens, why not choose something a little less intelligible, like "Dig a Pony," "Come Together" or "Tomorrow Never Knows." If those weren't written for space aliens, I don't know what.

Next on my shitlist: EMI and Apple Corp Update: and Michael Jackson too. WTF???? I've been a lifelong fan of your stupid Fab Four, but you're giving six billion purple globules from the Crab Nebula a shot at digitally retrieving The Beatles before I get one single measly 99-cent download? How is that fair? (Of course, the complete Beatles catalog is already on my iPod, but still!)

And finally, a message to the Crab people: Don't trust these downloads. You'll see the file streaming into your antenna array and you'll be like, "Sweet! Free music!" But then you open the file, and you get this message on your Crab Nebula equivalent of Windows Media Player 11, saying that in order to enjoy this track, you need to get authorization from a central server. You click okay, and the message has to travel back to earth, taking another 50,000 years or so. Which may seem worth the wait, only the track itself expires in 30 days.

So good luck to you, purple Crab people. And GFY, recording industry. You have dissed me for the last time. [Network World via The Inquirer]

Ross, a Giz reader, managed to download the software while it was still available and writes to tell us about his experience. As you can see from the gallery below, the software seems pretty basic, and includes a player and a web browser (surfing Giz no less). However, when he tried to download a song, all he got was a message saying "Downloads coming soon!!".
He also tells us that the program came with a few bookmarks, including Skreemr, a web search engine for MP3s, and a section that promotes an add-on to make the songs iPod compatible. These links scream "dubious legality" to us, and the Qtrax program itself simply looks like a skin on the open-source Songbird API, where the iPod add-on comes from.

So what is the real story behind Qtrax? Were there ever major deals in place? Is someone getting fleeced? If you have any info, send it to us. [BBC]

Thanks for the help, Ross!

Kevin Eustice and Peter Reiher have built and tested a version that works perfectly using playlists stored inside laptops running their software, but since very few (sober) people stroll into a party with one of those tucked under their arm, they're aiming it at Wi-Fi-enabled MP3 players. Since Smart Party can triangulate people's position, it can also deduct their votes when they leave the party, making everything all fair and square. The one stumbling block is DRM, since copying the tracks into the system even temporarily isn't exactly RIAA-friendly activity.

It's a good idea, and it sure would make for a pretty eclectic set to groove away to, but for that one fatal DRM flaw. They're pinning their hopes on a temporary porting of the license, otherwise it would be limited to DRM-free tracks shame. We imagine it wouldn't go down too well at foam parties, either, but you wouldn't be able to hear your fave track from your soaked MP3 player with all that foam in your ear anyway, would you? [New Scientist]

Right now, though, only two labels are watermarking tracks—Universal and Sony BMG. EMI and Warner aren't lacing their files yet, but it's a definite future possibility, and the watermarks could be used in conjunction with a filtering plan like AT&T's, which was recently confirmed by an AT&T exec. Ironically, Microsoft doesn't support network filtering, so we wonder how it would feel about its new, patented digital watermarking tech being used for the cause. [Wired, Digital Home Thoughts]

AMAZON MP3 TO ADD DRM-FREE DOWNLOADS FROM SONY BMG MUSIC ENTERTAINMENT

With the addition of SONY BMG MUSIC ENTERTAINMENT later this month, Amazon MP3 will be the only retailer to offer customers DRM-free MP3 downloads from all four major music labels

SEATTLE—January 10, 2008—Amazon.com (NASDAQ: AMZN) today announced that DRM-free MP3 music downloads from SONY BMG MUSIC ENTERTAINMENT will be available to customers on Amazon MP3, Amazon's DRM-free MP3 digital music store where every song is playable on virtually any digital music-capable device, including PCs, Macs®, iPod®, Zune®, Zen®, iPhone™, RAZR™ and BlackBerry®. When SONY BMG is added later this month, Amazon MP3 will be the only retailer to offer customers DRM-free MP3s from all four major music labels, as well as over 33,000 independent labels. Amazon MP3 customers will discover DRM-free MP3s from SONY BMG's vast rosters of artists representing virtually every genre of music.

"We are excited to offer Amazon MP3 customers DRM-free MP3s from SONY BMG, which represents many of the most popular musicians from the past and present," said Bill Carr, Amazon.com Vice President for Digital Music. "Our Amazon MP3 customers will be able to choose from a full selection of DRM-free music downloads from all four major labels and over 33,000 independents that they can play on virtually any music-capable device."

"We are excited to be working with Amazon as they continue to build new markets for digital music," commented Thomas Hesse, President, Global Digital Business & U.S. Sales, SONY BMG MUSIC ENTERTAINMENT. "We are constantly exploring new ways of making our music available to consumers in the physical space, over the internet and through mobile phones, and this initiative is the newest element of our ongoing campaign to bring our music to fans wherever they happen to be."

Launched in September 2007, Amazon MP3 offers Earth's Biggest Selection of a la carte DRM-free MP3 music downloads, which now includes over 3.1 million songs from more than 270,000 artists. Every song and album in the Amazon MP3 music download store is available exclusively in the MP3 format without digital rights management (DRM) software and is encoded at 256 Kbps to deliver high audio quality. Amazon MP3 customers are free to enjoy their music downloads using any hardware device, including PCs, Macs®, iPod®, Zune®, Zen®, iPhone™, RAZR™ and BlackBerry®; organize their music using any music management application such as iTunes® or Windows Media Player™; and burn songs to CDs for personal use.

Most songs available on Amazon MP3 are priced from 89 cents to 99 cents, with more than 1 million of the over 3.1 million songs priced at 89 cents. The top 100 bestselling songs are 89 cents, unless marked otherwise. Most albums are priced from $5.99 to $9.99. The top 100 bestselling albums are $8.99 or less, unless marked otherwise. Buying and downloading MP3s from Amazon MP3 is easy. Customers can purchase downloads using Amazon 1-Click shopping, and with the Amazon MP3 Downloader, seamlessly add their MP3s to their iTunes® or Windows Media Player™ libraries.

We've been saying for a while DRM has cancer (is a cancer?), dying a long, drawn out death—cue Frucci's "DRM Deathwatch" meme. EMI's move was characterized as a desperate ploy by the weakest label—hence, it ran with iTunes, something we've been told the other labels wouldn't have even sniffed at because of the dreaded iTunes hegemony (more on that in a sec).

But then Universal, the biggest label in the world, jumped. In large part to cut at iTunes, true. Regardless, the tide had turned. Warner and Sony BMG were wary holdouts. After Warner joined the party, Sony BMG really had little choice—it pretty much had to go open or go home, so we've been expecting this.

It's no surprise Sony is throwing in with Amazon, either. Again, the fear of an iTunes paradigm is very real among the labels—if the last 10 years have taught us anything, they crave control more than money—and Amazon is in the best position to compete with iTunes. Especially now that it has something very powerful that iTMS doesn't—DRM-free tracks from every major label.

The online music market just got a whole lot more interesting. [Business Week]

Don't expect the entire Warner catalog to be up this instant. (Though Led Zeppelin, a longtime digital holdout totally is.) It's a pretty massive one, so Amazon is rolling it out over the next couple of days, and with new content going up every ten minutes. Don't expect everything to be the same price, either—as you probably guessed, variable pricing is in play.

Despite Warner being one of the more reluctant labels to jump on the DRM-free MP3 bandwagon, unlike Universal, Amazon's director of digital music Pete Baltaxe told us that Warner is "not treating this as a test, they are making their entire catalog available." Universal has offered its DRM-free tracks to some retailers as an experiment. Regardless of how dissimilar the Warner and Universal deals sound, we don't think we'll see tracks from either of them popping up on iTunes anytime soon.

Well, what about that other MP3 wallflower, Sony? Predictably they "can't comment on any particular discussions with Sony," though they "talk to all the labels all the time." Our prediction? With every other major label at the party, we doubt Sony's going to cry alone in the corner for too long. [Gizmodo]

As you pirating assholes know, DVD screeners sent to Oscar voters is a nice source of ones littered on BitTorrent. A lot of 'em are watermarked to curb leaks, but a more pro-active measure started in 2004 is encrypted disks that only play on the S-View DVD player made by Cinea. But lugging it around during the holidays—prime screener season—is a totally unrighteous pain in the ass, so the program has been killed this year. But it worked so well to keep screeners off the internet! Oh wait. [Torrentfreak]

AMAZON MP3 ADDS MUSIC AUDIO DOWNLOADS FROM WARNER MUSIC GROUP

Customers can now choose from more than 2.9 million MP3 songs on Amazon MP3, including music from Warner Music's renowned catalog of artists

SEATTLE AND NEW YORK—December 27, 2007—Amazon.com (NASDAQ: AMZN) and Warner Music Group (NYSE: WMG) today announced that DRM-free music audio downloads from Warner Music Group are now available to customers on Amazon MP3, Amazon's a la carte MP3 digital music store where every song and album is playable on virtually any personal digital music capable device. Beginning today, songs from WMG's digital audio catalog will be available for purchase and download from Amazon MP3. In addition, Amazon and WMG will make available to consumers digital music products such as album bundles containing exclusive tracks.

"Our customers are delighted with our DRM-free MP3 service. We have received thousands of emails from our customers since our September launch thanking us for offering the biggest selection of high-quality, MP3 audio downloads which play on virtually any music device they own today or will own in the future," said Bill Carr, Amazon.com Vice President of Digital Music. "With the addition of great Warner Music Group content, our customers will discover even more of the music they love on Amazon MP3."

"Consumers want flexibility with respect to what they can do with music once they purchase it, and we want them to have that flexibility, which is why we're pleased to offer our artists' music on Amazon MP3," said Michael Nash, Senior Vice President, Digital Strategy and Business Development for Warner Music Group. "We believe that giving consumers the assurance that the music they purchase can be played on any device they own will only encourage more sales of music. Amazon shares our vision with respect to offering feature-rich music based digital products, and we look forward to making available an array of exciting new digital products over time that will transform the relationship between and among consumers, labels and artists."

About Amazon MP3

Launched in September 2007, Amazon MP3 (www.amazon.com/mp3) offers Earth's biggest selection of a la carte DRM-free MP3 music downloads with more than 2.9 million songs from over 33,000 record labels.

* Every song and album in the Amazon.com digital music store is available exclusively in the MP3 format without digital rights management (DRM) software. Amazon's DRM-freeMP3 format enables customers to play their music on virtually any personal digital music capable device—including PCs, Macs , iPods , iPhones , Zunes , Zens —and to burn songs to CDs for these customers' personal use.
* Most songs available on Amazon MP3 are priced from 89 cents to 99 cents, with more than 1 million of the over 2.9 million songs priced at 89 cents. The top 100 best-selling songs are 89 cents, unless marked otherwise. Most albums are priced from $5.99 to $9.99. The top 100 best-selling albums are $8.99 or less, unless marked otherwise.*
* Every song on Amazon MP3 is encoded at 256 kilobits per second, which gives customers high audio quality at a manageable file size.
* Buying and downloading MP3s from Amazon MP3 is easy. Customers can purchase downloads using Amazon 1-Click shopping, and with the Amazon MP3 Downloader, seamlessly add their MP3s to their iTunes or Windows Media Player libraries.

* Taxes may apply in certain jurisdictions.

About Warner Music Group

Warner Music Group became the only stand-alone music company to be publicly traded in the United States in May 2005. With its broad roster of new stars and legendary artists, Warner Music Group is home to a collection of the best-known record labels in the music industry including Asylum, Atlantic, Bad Boy, Cordless, East West, Elektra, Lava, Nonesuch, Reprise, Rhino, Roadrunner, Rykodisc, Sire, Warner Bros. and Word. Warner Music International, a leading company in national and international repertoire, operates through numerous international affiliates and licensees in more than 50 countries. Warner Music Group also includes Warner/Chappell Music, one of the world's leading music publishers, with a catalog of more than one million copyrights worldwide.

About Amazon.com

Amazon.com, Inc., (Nasdaq: AMZN), a Fortune 500 company based in Seattle, opened on the World Wide Web in July 1995 and today offers Earth's Biggest Selection. Amazon.com, Inc. seeks to be Earth's most customer-centric company, where customers can find and discover anything they might want to buy online, and endeavors to offer its customers the lowest possible prices. Amazon.com and other sellers offer millions of unique new, refurbished and used items in categories such as health and personal care, jewelry and watches, gourmet food, sports and outdoors, apparel and accessories, books, music, DVDs, electronics and office, toys and baby, and home and garden.

Amazon and its affiliates operate websites, including www.amazon.com, www.amazon.co.uk, www.amazon.de, www.amazon.co.jp, www.amazon.fr, www.amazon.ca, and the Joyo Amazon websites at www.joyo.cn and www.amazon.cn.

So here's the deal: There's an initial check that okays software to run on a particular hardware platform. (Like OS X on your Mac.) Then there are periodic checks to make sure the software is still running on the kosher platform. If it's all shiksa, the software's execution string is stopped cold, killing the application. Vista pulls the same neat trick, keeling over if WGA says it's not the real deal (even when it sometimes is).

OS X is name-dropped in the patent app, so while it could be just about keeping it off non-Macs, this bit in the "background" section of the application's pretty illuminating, given the lack of copy protection on OS X currently:

The application owner may, of course, require the user to promise not to copy, distribute or use the application on another platform as part of the transaction by which the user obtains their copy. Such promises are, however, easy to make and easy to break.