EU Commish backs off on Apple: No problem with iTunes Store’s FairPlay DRM

“The European Union’s consumer chief soft-pedalled her views on Apple Inc. on Tuesday, backing off the line that its iTunes online music store must become more compatible with other formats,” Reuters reports.

Reuters reports, “Meglena Kuneva told a news conference there was no reason to talk about legal action against the U.S. computer and technology company and that she merely wanted to raise questions. ‘I would like, really, to start this debate. What is best to develop this market and to have more consumers enjoying this really very important, very modern way of downloading and enjoying the music?’ she said of Apple’s iTunes.”

Reuters reports, “In this week’s edition of the German magazine Focus, Kuneva had been quoted as saying: ‘Do you think it’s fine that a CD plays in all CD players but that an iTunes song only plays in an iPod? I don’t. Something has to change.'”

“Kuneva said she worked closely with Competition Commissioner Neelie Kroes, whose department has found no reason to pursue Apple. Kroes’ department has said there were no problems with Apple’s use of digital rights technology,” Reuters reports.

Full article here.
Well now, it looks like something changed alright. Kuneva seems to have quickly learned the valuable lesson to think before you crack your yap lest the U.S. Undersecretary of Commerce for Technology and others excoriate you for your ignorant ramblings.

Related articles:
U.S. Undersecretary of Commerce for Technology says EU ‘rhetoric’ against Apple is confusing – March 13, 2007
EU Commish on Apple’s iTunes + FairPlay DRM: ‘Something has to change’ – March 12, 2007
Anti-DRM activists rap Steve Jobs; Group petitions Apple CEO to remove FairPlay DRM software – March 10, 2007
Is DRM doomed? – March 09, 2007
How Apple’s FairPlay DRM works – February 26, 2007
Windows Vista’s DRM is bad news – February 14, 2007
Monster Cable announces full support of Apple CEO Steve Jobs’ call for DRM-free music – February 13, 2007
Recording Industry Association of America wants their DRM, calls for Apple to license FairPlay – February 08, 2007
Warner’s Middlebronfman: Jobs’ DRM-free music call ‘without logic and merit, we’ll not abandon DRM’ – February 08, 2007
Dvorak: Apple CEO Steve Jobs is dead right about DRM – February 07, 2007
Apple’s Jobs jolts music industry; Zune exec calls Jobs’ call for DRM-free music ‘irresponsible’ – February 07, 2007
Apple CEO Steve Jobs’ posts rare open letter: ‘Thoughts on Music’ – calls for DRM-free music – February 06, 2007
Norwegian Ombudsman: Apple’s FairPlay DRM is illegal in Norway – January 24, 2007
Major music labels ponder DRM-free future – January 23, 2007

78 Comments

  1. “Do you think it’s fine that a CD plays in all CD players but that an iTunes song only plays in an iPod?”

    iTunes songs do play in all CD players. Just click a button.
    It’s amazing to me how many people (and politicians) don’t know how to click a button.

  2. “‘I would like, really, to start this debate. What is best to develop this market and to have more consumers enjoying this really very important, very modern way of downloading and enjoying the music?”

    Translation:

    “I know this has been covered before, especially since only 3% of a music on a iPod is FairPlay DRMed and Microsoft and Sony both do the same thing with their music stores and devices. Especially since the music labels demanded DRM for all online stores and most of the labels are right in our own European backyard and we are powerless to do anything about it.

    “But I’m a woman and feeling a bit left out of the male domination of politics, so I’m going to rake Apple over the coals to get my face in the news”

    Enjoy your minutes of fame, wrench.

  3. How stupid can she be?

    A song purchased through iTunes can be:

    1. Put onto an iPod (yes)
    2. Burned onto a non-DRM’d CD, playable in any CD player and computer.
    3. Burned into an MP3 CD playable in most modern CD players and computers.
    4. Can be streamed locally via sharing.
    5. Can be put onto any MP3 player on the market provided you copy the songs onto a CD first (which you ought ot do anyway as a backup).
    6. Can be played through any modern Macintosh or Windows PC via iTunes with speakers or headphones attached.
    … I’m sure I’m missing something else?

    …daft!

  4. not stupid…

    Yeah, you did miss something…

    Can’t be played on any other digital media device other than the ones that Apple allows.

    Both Sonos and Roku have both pursued Apple for a licence to use Fairplay and both of these units deliver functionality and/or utility without equivalent in Apple’s own product range.

    Both Sonos and Roku have access to DRM schemes offered by other vendors and yet none of the parties involved have suffered any kind of major collapse.

    If I own a Macintosh, an iPod and a Sonos network, why should I have to resort to the positively 20th century approach of burning and re-ripping simply because Apple (namely Steve Jobs) believes that dealing with these companies is in some way beneath him,

  5. Apple would be just as stupid as the “I wanna play all music everywhere whaaaaaaaaa” crowd, if they actually would change the current system of iTunes and iPod.

    Apple has finally a chance to deliver all these PC moron-idiots and bring this world out of the dark ages (Windows).

  6. The argument is irrelevant. It doesn’t matter if it is possible or easy to change Apple’s DRM media files to other formats because:

    (1) If you (like me) started buying songs from the iTunes Store before buying an iPod, you knew what the restrictions were. I knew those DRM’d files would most likely be directly playable on iPods only, if I decided to buy a portable media player in the future. When I bought audio tapes in the 70’s, I did not complain when they did not work in CD players of the 80’s. That would have been silly.

    (2) If you bought an iPod first, it is likely you did not care about compatibility with the iTunes Store because you planned to put your music on it first. If later, you bought music from the iTunes Store, you did so knowing the restrictions.

    So everyone who bought DRM’d media from the iTunes Store in the past did so knowing the DRM restrictions. Apple did not try to trick or mislead its customers (take some capability away after the sale).

    So what’s the complaint??? Customers paid for a product and got what they paid for. Even if Apple made it impossible to use the “burn the CD” method, there would be no argument.

  7. “LinuxGuy and Mac Prodigal Son

    Evil Kuneva should drive a motorcycle off a high cliff. Those of you old enough know what I am referring to.

    The Krypto Kommie Kommish Kuneva just got a well deserved bitch slapping.

    MW: getting, as in getting bitch slapped for being an ignorant slut.”

    Steady on old chaps.

  8. Very well put ken1w

    If I made a CD player to sell, it had better play CD’s because it is a CD player, but it doesn’t have to play iTunes downloads does it?

    If I sell mp3 players should they have to play CD’s?

    If I sell tostaers should they also make lemonade?

  9. I do know the history of Meglena Kuneva. To understand her better is to know where she came from, so let’s start with her birth: Well, first the earth cooled, and then the dinosaurs came…

    Seriously, what a complete techno-idiot. Although maybe, just maybe, she’ll bring legal action against Sony and Microsoft beacuse my PlayStation games won’t work in the XBox and vice versa.

  10. ‘If I own a Macintosh, an iPod and a Sonos network, why should I have to resort to the positively 20th century approach of burning and re-ripping simply because Apple (namely Steve Jobs) believes that dealing with these companies is in some way beneath him,’

    Yeah, and why can’t I run OSX on my PSP? It ain’t fair!

  11. You stated:

    “not stupid…

    Yeah, you did miss something…

    Can’t be played on any other digital media device other than the ones that Apple allows.”

    Not too many left that don’t understand this, but if you want to play an iTunes purchased song and play it on another MP3 device, burn it to a CD and you are all done. NO DRM on the music on the CD – it is completely and LEGALLY stripped off.

    Now you have music like a CD purchased from the store – do what you wish with it. Put it onto a PC without iTunes, dump the music to any MP3 player you wish – again, do what you wish.

    NOTE: For those complaining about quality distortion to a CD, give me a break. In a car, in an airport, on a bus, MP3’s are even worse, or close too, so don’t give me the “but it is no longer 128bit like the store sold me, but something worse” as 128 bit is crap to start with.”

    Now, as for those who still cry, then don’t buy music from iTunes, and buy a CD, or another online store with Redmonds even worse DRM. There you go. Choices.

    Finally, for those wanting interoperability, I also want an Accord with a Hemi engine in it, but can you believe it, they are not interoperable unless I void the warranties and do it all on my own!

    Interoperability? Find it elsewhere in life, because you rarely will. Want it like a CD that can play anywhere any time? THEN SCREAM AT THE LABLES for ZERO DRM ON MUSIC THAT IS DOWNLOADED, LIKE STEVE JOBS HAS NICELY, AND PUBLICALLY DONE!!!

    Check Mate

  12. ok, does all those “Play fer Sure” crapboxes contain tunes that will play on the iPod ??

    Why isnt the EU looking into that one ?

    I smell a scandal brewing ! ” width=”19″ height=”19″ alt=”LOL” style=”border:0;” />

  13. Personally I think this gaffe has turned out very favourably for Apple. The EU competition commissioner is now on record stating that they have “no issue” with Apple’s DRM. You will now see the local consumer offices in places like Germany back off, as any attempted enforcement action can be immediately appealed to the EU, who have already said that they don’t see an issue. Only leaves Norway, and Apple probably wouldn’t lose sleep over shutting down that store.

  14. Ya know, barista’s got a point.

    When my brother an I were young bucks, we bought a porche924 from the junk yard with no tranny (no offense intended Crissyone), and no engine. We cut out the wheel wells, modified the frame, and dropped a 327 chevy in it with some no name transmission we got outta our dad’s wrecked impalla. We decided to forgo a muffler because we couldn’t get any exhause to fit right. Totally fun, couldn’t keep the back tires from spinning and boy did we have a blast. I think we ended up crashing it about a week later, maybe two.

    After listening to barista, I’m thinking I didn’t do my due diligence and sue porche, chevy, and the guy who towed the “boomer” back to the house. It should have been interoperable I tell ya!

  15. So just to be clear then, all of you are perfectly happy with DRM and Steve Jobs was wrong when he said the market would be better without it.

    I’m just checking because you can’t seem to make up your collective mind, although given that you all seem to be (not so) latent misogynists with an emotional age of about twelve (how unusual, right-wingers who hate women, who’d have thunk it), I’m not certain that accounts for much.

    BTW, Jim – it’s spelt Porsche, it’s not difficult. And your analogy won’t cut it in ten years time when virtual digital music sales will outweigh physical to a great extent. If you accept that will be a reality in a decade, why wait to eliminate the middle “burn/re-rip” stage. The other “virtual” music networks – no matter whether they work with iPod/iTunes – have largely done this: I have customers who have already made significant purchases from iTS prior to realising their need for a Sonos or Roku set-up.

    Maybe I should send them to you so you can drip-feed your condescending vitriol to them for not being blessed with the gift of foresight (as opposed to the gift of the literacy). That’ll endear them to the open-mindedness of the Macintosh community.

    BTW, guess what they’re doing now? Not buying from iTS, but instead using barely legal services like AllOfMp3 or totally illegal sources. If you think that benefits the market, you’re an even bigger idiot than your post suggests.

    Still, as you’ve all made clear, DRM is cool – I’ve taken a note of the names and your future contributions will be checked for consistency.

  16. @Stephen – Yo Barista:

    What distortion when burned to a CD? Huh? A store-bought CD is higher sound quality than an iTunes download. If you burn an iTunes DL to a CD it should be the same as what it came from the store… no loss in quality. Just not as good as the store-bought CD is.

  17. Wow, I see one person being a lot more condescending here than anyone else, The Barista.

    Jobs would get rid of the DRM. If the record companies would let him. Apple has made the DRM as palatable as they can under the circumstances. If the record companies would agree it can go away, it would. End of story. This isn’t a complicated issue.

    Magic Word: Then. Maybe then we could all just get along.

  18. Many record companies are already willingly selling DRM-free tracks through online music retailers such as eMusic and AmieStreet. If Jobs and Apple were truly in favor of selling DRM-free music they would offer tracks from the DRM-free friendly labels without FairPlay.

  19. wow. just wow.

    personally, i wish they didn’t back down, maybe the RIAA would have to back off Apple and they could sell tunes DRM free and cut their overhead and gain new buyers.

    but it is possible that it wouldn’t work this way and this is good news.

    ….having said that, i am ashamed of the huge amount of sexist comments here. maybe you dislike what she said, maybe she is wrong, maybe it was a mistake, hell, maybe you even hate her, but when you make ignorant sexist remarks all you do is insult half of the entire race while implying the ignorance of the other half.

    grow up a little.

    magic word? “country” as in sometimes i am ashamed to live in mine….

  20. I don’t like DRM, but my personal feelings are not the main issue. I would rather have easy to use formats, but to have government make the decision as to how it’s going to be implemented is a slippery slope. This line of thinking is what leads to major problems as one side decides to “help” others get what they want.

    If I want music from iTMS, I’ll get it. If not… Let me be smart or stupid. You can’t save people from themselves.

  21. @viking

    no harm done? I dont agree. how many media outlets reported her initial views? how many reported her backdown? how many people read the first and not the second?

    anyone appointed to a senior position in government is expected to behave responsibly. behaving responsibly includes doing your homework before you open your mouth…

    she deserves a slap on the wrist at the very least…

    ps: i wonder if the BBC reported both the original and re-interpreted viewpoints?

  22. @ @me

    You may have a good point. There may be another reason. Time will tell. Will certainly be interesting to see how this all pans out. I do believe that if the major labels would budge, we’d have DRM- free music though.

  23. Barista— I will try to keep this civil. Your logic and conclusions are idiotic; I mean really pathetically elementary. How old are you? There is not a single person on the board (regardless of their own tastless remarks) that enjoy DRM and wouldn’t like to see it disappear immediately. That said, most of us recognize the reality that the legal digital distribution of songs came about only because the major record companies were provided the percieved security of DRM. I am not here to argue whether that perception is a mistake on their part or not, but the fact is that there would be no iTS store to be debating if not for DRM. Billions of songs have been sold from iTS not because of its Fairplay DRM, but because Apple went to great lengths to assure the best possible fair use of the songs under the circumstances that it was presented with. More than half of those songs have been sold to NON-Mac owners, so this idea that defenders of iTunes are a bunch rabid Mac fanboys is ridiculous. There are far more people around the world begging Apple to open an iTunes store in their country than those demanding its take down. The question that frustrates iTunes users, and turns them into vocal supporters, is why Apple attacked when, a) it has the most liberal and least offensive expression of DRM in the market, and, b) its CEO has publicly decried DRM and asked the record labels to allow its elimination. If you or others are really interested in protecting consumer fair use, why not go after the most agregious forms of DRM first. Most of us look at iTunes as leader in a more fair access to music. Before iTunes came on the scene where could you by a single song legally for a buck? Apple broke the record industry’s ability to force you to buy 10 crappy tracks on a CD just to get the one good song you really wanted. Your infantile bitterness and attacks on Apple and iTunes reminds me of the fable of the killing of the golden goose. I, for one, don’t want to go back to the pre-iTunes limitations on music purchasing. iTunes has only given us more options, not fewer. Lastly, your complaints of Apple not licensing Fairplay to others are more easy to understand. I would also like to see this. But Jobs explanation of Fairplay security being harder to maintain when other vendors have the keys is not wrong. Windows DRM has been cracked on multiply occassions and I’ve seen Napster, for one, have to revailidate accounts, send patches and re-authorize downloads because of it. So don’t tell me breakdown of DRM schemes have no effect on the companies using them. Digital media sales and distribution is it’s very early stages, and a very fragile balance is taking shape. At the end of the day Apple needs the cooperation of the major record companies for iTunes to operate. You can’t blame Apple for the requirements that these companies place on Apple. But you should be happier that a company such as Apple, with its liberale Fairplay DRM and corporate stance on its elimination, it the dominant player in the field rather than a Microsoft. MS would be totally in bed with the record labels trying to lock down your use of the media and squeezing every last penny out you that it could. So grow up and accept that in an imperfect world there are gradations of discomfort, and imperfect is better than disasterous. Going back to a world without iTunes would be a disaster in my opinion.

  24. Conservative, I’m-still-scared-of-the-commies-under-my-bed, misogynist, xenophobic morons like Linux Guy & Mac Prodigal Son deserve neither DRM-free nor DRM’d music. In fact Steve himself should go and take away his Mac. Mac users like Linux Guy are an insult to Apple.

    How many neanderthals are dwelling here anyway? The response here at MDN is appalling. Say, when did you guys beat your wives and GF’s the last time?

  25. Oh no, the US Underjanitor for Less important things than my breakfast has criticised me! I am feeling so open and exposed!

    Seriously MDN, stop taking the attitude that if some irrelevant US Government official says something you agree with it must be authoritative. This woman is far more prominent, powerful and influential than perhaps all but five of your country’s public servants.

    What was that? Oh of course, how could I forget – there is no service in America, merely apathetically sanctioned exploitation.

  26. I am sensing a lot of hostility here people. Let us all hold hands, count to ten, and come to a consensus.

    Yup…Kunevea does indeed look like she has been smacked by the ugly stick.

    ha ha lighten up….especcially the condescending Barista who says we Mac users LOVE DRM. No we do not love it. We just view it as an annoyance but don’t particularly care about it since it is easily bypassed (by people wit more than 1 brain cell at least).

  27. If Apple is ever forced to open it’s DRM to all portable players, then MS and every other online music service should be under the same obligation, simultaneouly from that exact moment forward. iTunes is already THE most universally compatible online storefront in the world, I just don’t get this constant grumbling against Apple on this particular issue.

  28. Hey, “A man more civilized than many of you”

    Based on your commments, you have a problem w/ anyone who expresses a different political opinion than you and ought to be punished for it… Then you go on to make prejudicial comments about wife or girlfriend beating….

    scary… very, VERY scary…

    I always seek out friends w/ many differing political opinions b/c I always enjoy hearing people’s differing points of view.

    As opposed to someone who appears to be so tunnel visioned, arrogant and childish as to make baseless insults and to suggest that you are ‘more civilized’ due to your beliefs and your own views…

    I guess being more ‘civilized’ means that we are simply to agree w/ any statement you make & bow down to your wishes oh great one….

    What an arrogant pinhead!

  29. Correction:
    At least she is intelligent enough to listen and willing to admit her mistakes. Unlike a politician in a democratic contry who runs his country like a dictator of another country he over threw.

    Thanks TowerTone.

  30. Ben Dover: I don’t have problems with political views which differ from mine. I do, however, have a problem with open hostility and immature misogyny like calling someone a ‘bitch’ or ‘slut’ just because she’s a she who has critisized somebody’s beloved company. And calling the same person a ‘communist’ falls under the same category. That isn’t a political opinion or rational argumentation. It’s just foolery. I might not agree with conservative ideology, but I wouldn’t have the gall to call conservatives ‘nazis’.

  31. @Sydney… you mis-understand TT’s post. He was commenting on the post “S” made that impied that Bush overthrew Clinton, and said that post was funnier than when “S” corrected his post to mean that Bush overthrew Saddam.

    Ya gotta keep up man! Read it from the top and you’ll get it. (I know, it ruins a joke when someone explains it.)

  32. @Jim

    I didnt read s’s post that way at all. “who runs the country like a dictator he over threw…” I read this as Bush runs the country like Saddam ran his… He didn’t say the dictator was running the US. Re-read the post – it was perfectly clear until Towertone muddied the waters…

    Towertone is, in my experience, quick to criticise but finds it most unfunny when his own posts are subjected to scrutiny.

    … and knowing that Towertone is a Republican…

  33. Well, lots of shamefull commenting here with the most awful of attitued. So someone makes a statement you disagree with – which is apparently anything as being perceived “anti-Apple” – and all you MDN-ers put on your beloved pointy masks, light your torches and ride out and talk ‘bitchslapping’, “I’d do her”, “electrodes to body parts” and various other shameless comments I’ve read. Disgusting.

    You guys make me ashamed of being a longtime Macuser. What pestilent woodwork did you all crawl from? And when did that happen?

    The mac world used to be civilised, whith differences of opinion actually encouraged and discussed in good fashion. Until MDN with its white trash following came along and turned anything Mac into fundamentalism and into one big digital Middle-East with all the hatetalk and vile commenting that comes with it.

    With its arousing style of commenting, MDN encourages this consiously, and is IMO by far the most disgusting (and actually most Microsoftian in its lack of ethics and use of double standards) “enterprise” in the Mac world.

    I miss the old, MDN-less days.

    MDN-ers, keep on flaming, hating, bitching, insulting, or whatever it is that makes you feel better about yourself and superior to others. You apparently need it.

    MDN-trash….

  34. Sydney… ok. I see your point, but I still think you might be wrong. His comment was about the first post from “s”…. lol. Fergit it bro, it’s all water under the bridge now, and I guess it’s all in how you take it.

    As for TT being sensitive to questioning his posts… I haven’t experienced that. Passionate, yes… as we all are. But I’ve only experienced him to be sincerly committed to his beliefs, as you are.

    Certainly, the both of you are less emo than I am sometimes!

  35. @Jim

    Haha – well wading into a debate 3/4 of the way through is always difficult. And Mr Towertone and I have been debating similar issues around various posts for some time.

    There is another debate raging between us on another topic about the separation of church and state, which Mr Towertone believes, passionately, but incorrectly, does not exist in the US constitution. Once again he resorts to insults and diversions to avoid facing the facts of his ignorance.

    I am passionate about the truth. It is easy, in forums such as these, to propogate falsehood. Many people will read his silly posts (sometimes they are funny and inoffensive, don’t get me wrong) and just ignore them. But I choose not to do so. His choice to post. My choice to challenge. A falsehood left unchallenged leads to the propogation of a lie. Such lies become the stuff of urban legend. I like to do my bit to prevent such errant nonsense from gaining currency. Mr Towertone has google – he could check his facts before hs posts, only he chooses not to do so. More the fool he.

    You need have no sympathy for mr Towertone. I have been much more gentle with him in the past – but his ego is much larger than his mind. You would think by now he would have more care, but he throws caution to the wind and inevitably fails to resist the temptation to voice his political (republican), religious (WASP) views when they are least appropriate.

    But it is his shouting down of other posters which usually prompts my response. Nothing annoys me more than when someone like Mr Towertone rubbishes (admittedly in a childish way) someone else’s views without any attempt to support his stance with any factual, or even logical, argument.

    Nope. He deserves it. He could always post using his email address, as I do. If he did so I could email him privately to save him the embarrassment of a public challenge.

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