Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Apple
    • Apple

    Court Wont Force Apple to License DRM

    By
    Ian Betteridge
    -
    November 12, 2004
    Share
    Facebook
    Twitter
    Linkedin

      The French Competition Council has rejected a claim that Apple Computer Inc.s refusal to license its FairPlay DRM (digital rights management) system is an anti-competitive act. FairPlay is the only system of copy protection support supported by the iPod, which accounts for more than 87 percent of all hard drive-based digital music players sold.

      The case was brought by VirginMega, a joint online music venture between the Virgin Group and Lagardère, which said it had approached Apple in an effort to license the technology earlier this year, prior to the launch of Apples own stores in Europe. When this attempt was rebuffed, the company accused Apple of abusing its dominant market position and asked the courts to force the PC maker to license the technology. VirginMega now users Windows Media for its download service instead of AAC and FairPlay.

      However, the court overwhelmingly rejected this claim. Although it noted that Apple was in a dominant position in the market for portable music players, it said that use of FairPlay was not essential in order for a company to be successful in the online music market, nor was it essential for the software to be licensed to others in order for the overall market to grow.

      The council also noted that, even if a song was sold using the rival Windows Media DRM system, it could still be played on the iPod if consumers burned it on to a CD and re-encoded it in unprotected MP3 format.

      This victory may not be the end of Apples European problems over the market for personal music players. A recent report by Reckon LLP, a London-based consultancy specializing in competition law in the media and technology markets, claimed the company could face potential action in the future under European Union competition law.

      The report, entitled “The iTunes Music Store: Does competition law hold the key to a closed shop?” notes that European competition law holds that a company in a dominant position has “a special responsibility not to allow its conduct to impair undistorted competition,” something that may include providing a rival with access to copyrighted materials such as DRM software. However, this is only the case if the copyright materials are “indispensable” to carrying on a business—in this case, the business of selling music online.

      As the report said, “if direct transfer of secured music content to the iPod requires content to be secured through Apples FairPlay technology, there may be grounds to believe that Apple has control over a service that is indispensable.”

      Ironically, the report goes on to claim that the existence of Harmony, RealNetworks Inc.s software that allows protected songs from its music store to play on the iPod, and which prompted Apple to accuse Real of “hacker tactics and ethics,” may demonstrate that FairPlay is not, in fact, indispensable. “It would be difficult to argue that a license from Apple is indispensable if another firm, acting independently, could legitimately develop technology to render its downloadable content compatible with the iPod,” the report said.

      /zimages/4/28571.gifClick here to read more about how Real is allowing its customers to play music purchased through the iTunes music store without a license for FairPlay.

      However, despite this, the report sounded a note of caution should Apple attempt to prevent Harmony from working: “If Apple is able to prevent RealNetworks and others from developing technology that can bypass the FairPlay technology bottleneck—whether through IP law, through changes to future generations of the iPod or through iPod software updates—then the indispensability of FairPlay would be established.” Because of Apples dominant position in the music player market, this could then lead to it being forced to license FairPlay to other music stores.

      /zimages/4/28571.gifCheck out eWEEK.coms for the latest news, reviews and analysis about Apple in the enterprise. And for insights on Macintosh coverage around the Web, check out eWEEK.com Executive Editor Matthew Rothenbergs Weblog.

      Ian Betteridge

      MOST POPULAR ARTICLES

      Cybersecurity

      Visa’s Michael Jabbara on Cybersecurity and Digital...

      James Maguire - May 17, 2022 0
      I spoke with Michael Jabbara, VP and Global Head of Fraud Services at Visa, about the cybersecurity technology used to ensure the safe transfer...
      Read more
      Android

      Samsung Galaxy XCover Pro: Durability for Tough...

      Chris Preimesberger - December 5, 2020 0
      Have you ever dropped your phone, winced and felt the pain as it hit the sidewalk? Either the screen splintered like a windshield being...
      Read more
      Cloud

      Yotascale CEO Asim Razzaq on Controlling Multicloud...

      James Maguire - May 5, 2022 0
      Asim Razzaq, CEO of Yotascale, provides guidance on understanding—and containing—the complex cost structure of multicloud computing. Among the topics we covered:  As you survey the...
      Read more
      Big Data and Analytics

      GoodData CEO Roman Stanek on Business Intelligence...

      James Maguire - May 4, 2022 0
      I spoke with Roman Stanek, CEO of GoodData, about business intelligence, data as a service, and the frustration that many executives have with data...
      Read more
      IT Management

      Intuit’s Nhung Ho on AI for the...

      James Maguire - May 13, 2022 0
      I spoke with Nhung Ho, Vice President of AI at Intuit, about adoption of AI in the small and medium-sized business market, and how...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2021 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×