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Apple orders Hymn Project to cease and desist
Monday, February 25, 2008 - 11:22 AM EST

"Apple has fired a cease and desist order against the developers behind the open-source Hymn Project," Jonny Evans reports for Macworld UK.

"Hymn develops software that strips Apple's FairPlay digital rights management (DRM) technology from user's iTunes purchases, allowing music fans to play their music on devices other than those from Apple," Evans reports.

"Hymn has complied with Apple's legal letter, removing download links to its software from its website and warning forum users not to post links to alternate download sources within its forums, or risk a ban," Evans reports.

Full article here.

MacDailyNews Take: Laying the groundwork to go after DVD Jon's doubleTwist?

Apple may be required to defend music DRM even as it tries to eliminate it. From Apple CEO Steve Jobs' "Thoughts on Music" February 6, 2007 open letter:

Since Apple does not own or control any music itself, it must license the rights to distribute music from others, primarily the “big four” music companies: Universal, Sony BMG, Warner and EMI. These four companies control the distribution of over 70% of the world’s music. When Apple approached these companies to license their music to distribute legally over the Internet, they were extremely cautious and required Apple to protect their music from being illegally copied. The solution was to create a DRM system, which envelopes each song purchased from the iTunes store in special and secret software so that it cannot be played on unauthorized devices.

Apple was able to negotiate landmark usage rights at the time, which include allowing users to play their DRM protected music on up to 5 computers and on an unlimited number of iPods. Obtaining such rights from the music companies was unprecedented at the time, and even today is unmatched by most other digital music services. However, a key provision of our agreements with the music companies is that if our DRM system is compromised and their music becomes playable on unauthorized devices, we have only a small number of weeks to fix the problem or they can withdraw their entire music catalog from our iTunes store.

...Convincing them to license their music to Apple and others DRM-free will create a truly interoperable music marketplace. Apple will embrace this wholeheartedly.


Full letter here.

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Feb 25, 08 - 11:34 am Comment from: Eugh

Lame, I though apple was against DRM.

Feb 25, 08 - 11:39 am Comment from: Fatty Arbuckle

Does anyone ever get told to cease and not desist?

Feb 25, 08 - 11:41 am Comment from: Drew_Ill

Apple is only doing this to enforce their agreements with the music labels.

Feb 25, 08 - 11:41 am Comment from: karrde97

Apple may be against DRM, but contractually, they may be required to enforce it. This actually helps anti-DRM as it shows comsumer demand.

Feb 25, 08 - 11:44 am Comment from: John

Apple's contracts with the music publishers essentially force them to diligently protect the DRM mechanisms.

Feb 25, 08 - 11:52 am Comment from: Jay-Z

@ Eugh:

Apple is against DRM. Apple is also against violating their contracts with music labels. Said contracts dictate DRM to be used because the music labels demand it. Apple has to enforce it, regardless of what they hope the future of music to be.

Feb 25, 08 - 11:57 am Comment from: HMCIV

Apple is against DRM. But while the music labels have them shackled, they have to protect Fairplay...which the music industries don't like because it only works on iPods etc.

This argument is about to become rediculously silly for everybody, including Apple, RIAA, DVD Jon & consumers. And oooooh it will be fun!

Feb 25, 08 - 12:03 pm Comment from: Jake

Why is Apple doing this--I thought they were against DRM?

(Just kidding!)
wink

Feb 25, 08 - 12:16 pm Comment from: stormy

The real questions are...

Why is Apple still selling DRM music? Is it collusion among the music labels to make iTunes a smaller player in the digital download market?

Feb 25, 08 - 12:21 pm Comment from: IANAL

Cease - to stop now.
Desist - means to stop, but also to abstain for the future.

So stop now and keep on stopping is presumably what cease and desist means.

Its also three words where one would do, so the lawyers can charge more for it.

Feb 25, 08 - 12:50 pm Comment from: Mr. Reeee

Hymn Project:
PRAY that Apple legal won't squash yo' ass.

What do people like this expect? DRM isn't a great thing, but it DID open the door for legal downloads. Eventually DRM will disappear.

Feb 25, 08 - 01:03 pm Comment from: silverwarloc

@Stormy:

You need t re-read the entire letter by Ms. Jobs. Then you will understand...hopefully.

Feb 25, 08 - 01:14 pm Comment from: MPC Guy

>Mr. Reeee wrote: What do people like this expect?

People like what? The ones who re-instate fair use ability of legal purchases? Or the people who want their fair use re-instated?



>DRM isn't a great thing, but it DID open the door for legal downloads.

Agreed. Too bad it squashed fair use quite a bit and misuses DMCA laws to limit competition.

Feb 25, 08 - 01:40 pm Comment from: Cubert

"Hmmmm.....Yoda this is. Cubert dropping off few friends at pool."

"Hmmmm.....Mixed feelings about this I do."

Feb 25, 08 - 02:35 pm Comment from: Willie G

@ Eugh.. clearly your reading skills are sub-par. To quote the last sentence of this very article.. taken from Steve Job's Open Letter:

"...convincing them (the record labels)* to license their music to Apple and others DRM-free will create a truly interoperable music marketplace. Apple will embrace this wholeheartedly."

*parenthetical annotation made to assist the especially thick

Feb 25, 08 - 03:12 pm Comment from: stormy

@silverwarloc

What letter from Ms. Jobs?

Feb 25, 08 - 04:52 pm Comment from: Logan

I wonder if Ms. Jobs is attractive?

Feb 25, 08 - 10:40 pm Comment from: rickw

You know, i am beginning to wonder about the s.jobs letter after this. everyone knows that enforcing drm is almost impossible, so why would mr. jobs go to the ends of the earth to stop people from doing it. unless it is to protect something else?

Feb 26, 08 - 01:10 am Comment from: Protect Something Else?

>so why would mr. jobs go to the ends of the earth to stop people from doing it. unless it is to protect something else?


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