Thank you for being a valued part of the CNET community. As of December 1, 2020, the forums are in read-only format. In early 2021, CNET Forums will no longer be available. We are grateful for the participation and advice you have provided to one another over the years.

Thanks,

CNET Support

General discussion

Is Fairplay Fair? Opinions? Is DRM against Fair Use?

Jun 13, 2006 2:53AM PDT

Apple's DRM isn't a new thing. DRM isn't a new concept. As far as the average consumer is concerned, 1: It WORKS with my iPod 2: It's easy to use and I don't need to drive to the store (just a click and a dollar is all it takes) 3: It's good music.... What they don't know, is that if all of a sudden the iPod isn't "in" anymore (I just finished elementary school, and a LOT of kids just buy iPods because they are "in") People cannot do much with their fairplay songs. Playsforsure (WMA) is adopted as a format for many players. It restricts you just as much as Fairplay, if not more, but the difference lies in the fact that Playsforsure can play on a lot more devices, but doesn't play on the "in" device called the iPod. So digital music downloader are in a dilema. Two MAIN choices of downloads A: iPod only Fairplay, B:Widely used, but non iPod.... But the main question... is Why? Why the heck should I pay for a piece of music that I can't listen to the way I like? Wait, pretty soon it'll be illegal to let my friend listen to a new track I got for my mp3 player....

Fairplay working on only iPods is an upside, and a downside in itself. The reason being, iPods are popular, but what happens if iPods die out? My dad has old tapes that he still listens to, and still can listen to. If the new era of music is downloads, and you invest in music that's DRMed, isn't that violating fair use? How can you sell CD's that I can rip and burn without as little as a speedbump? But if I download the SAME music online, I'm bombarded with crap called DRM? All DRM is doing is making more people resort to piracy to get the music they crave.... So you penalize the people who are PAYING for the music? Ummm Recording industry, you're crazy. You got it mixed up. Seriously, I know about 25 people who would download an mp3 off of Limewire just because of DRM, and how it "bombards THEIR digital downloads" and makes it so that they cannot listen to the music THEY BOUGHT. NOW this isn't just about FAIRPLAY, this is about DRM itself. DRM isn't helping the recording industry at all, in fact, it's ruining it. What are your thoughts? I buy CD's because I know I might not keep the same mp3 player for a while, so I want to be able to rip the tracks to the format I want them to be. What is your opinion?

Discussion is locked

- Collapse -
In a perfect world
Jun 13, 2006 3:06AM PDT

Music companies would sell you the tracks for 50 cents and in FLAC lossless (and pink ponies with wings would bring you the newspaper every morning Silly), but the truth is that the recording and movie industries are used to having an iron grip on their stuff, and that's the way the last 50 or 60 years have been. If it wasn't for the VCR court ruling saying it's not illegal to sell a device even if it could be used for pirating stuff, we wouldn't even have cd burners.

- Collapse -
(NT) (NT) So do you think DRM is bad, or good?
Jun 13, 2006 3:07AM PDT
- Collapse -
I think DRM is EXTREMELY BAD
Jun 13, 2006 3:46AM PDT

Because it hurt's the buyer's ability to decide what to do with their music.
If I purchase music, I want to be able to listen to it in the car, cd player, computer, mp3 player, etc.
Today, with CDs, it is possible to do it, but if the RIAA starts pushing for DVD-Audio, for instance, i will probably lose that ability, because they will make them impossible to rip (except through the analog hole, which they will try to close).
Same with HD-DVD and BluRay.

- Collapse -
(NT) (NT) Yeah, I agree, the RIAA is crazy
Jun 13, 2006 4:01AM PDT
- Collapse -
It's kinda like gun laws...
Jun 13, 2006 5:35AM PDT

...in that some good-intentioned-rules not only FAIL at their proposed deterrence of the unlawful (ie crimes are still perpetrated with guns, just illegally-obtained ones, and people still download music illegally), but SUCCEED at inhibiting the lawful (ie it's exceedingly difficult to register and transport a firearm, and DRM/incompatibility make it difficult to use/store your own files); this is a lose-lose situation, folks!

I think most people agree that preventing violent crimes and paying for copyrighted music is good, but that's not the issue; the problem starts at the very beginning, in the approach. We need to come up with something that actually works as a deterrant without inhibiting the proper use of 'it'. I propose the need for heightened surveillance of illegal activity in conjunction with stiffer penalties for those convicted, but that's all I can think of for now. Whatever the answer is, what we have right now obviously isn't working!

- Collapse -
I don't understand how they managed it...
Jun 13, 2006 12:01PM PDT

The RIAA and MPAA fear change. They have managed to get the laws of this country changed to protect their business model. Other industries have done similar things (import quotas, tarriffs, etc) but not to such and extent. Imagine if GM and Ford got a law passed that said the only automobiles that could be sold in the country had gasoline engines in them, and any modifications to your car to make it run on anything else were illegal.

I am amazed at how well the MPAA has managed to get the convince the public that they have the best interests of the "artists" at heart. Keep in mind that of you 99 cents you pay to iTMS:
Apple gets between 33-30 cents. From that they must pay the transaction fee, bandwidth, hosting, software development, promotion, and everything else associated with actually gettin you the music.
The label gets the rest. Of that, they pay the artist about 4 cents. And the contracts say the artist has to pay back promotion fees, production fees, etc, so chances are the artist will see zero.

Is Fairplay fair? Well, you agreed to the EULA, so the obvious answer is yes, it is. In an absolute answer, is it fair to pay $1 for a realatively low bitrate version of a song that you don't really own, but have on long term rental?