DVD Jon's is back to once again make FairPlay fair

As much as we'd like to hang on to the importance of PlaysForSure -- and its rather timely compromise -- at the end of the day, it's only about 10% of the digital music market. The other 90% goes to Apple's FairPlay DRM scheme, which is probably why over the years it's been such a massive target for such projects as Hymn, JHymn, PlayFair, PyMusique, myTunes and myFairTunes6, and the original FairPlay circumvention tool developed by DVD Jon et. al., QTFairUse, as well as FairKeys (which spawned the similar but not Jon-developed QTFairUse -- we missing any?). Now that Apple's latest iteration of iTunes is fairly wide open, however, DVD Jon is back in the game -- but this time he's looking at FairPlay for more commercial means. Like Navio and Real before it, Jon's new business, DoubleTwist Ventures, based in San Francisco, intends not to sell users means by which they can unlock their digital music library; instead, they intend to sell partners the ability to DRM their media with FairPlay, cutting Apple out of the media vending food chain. Not a new concept at all, but when Real tried it, Apple were quick to put the kibosh on their efforts, and the impending possibility of a lawsuit was enough to eventually get them to stop fighting the man. As far as we know, Navio has neither been taken to court, nor actually licensed its artificial FairPlay technology to any partners. But for someone as high profile as Jon Johansen to move to the Bay and start up a business that undermines Apple's digital media sales business right in their own back yard, well, let's just say we're hoping DoubleTwist set aside some cash for possible legal expenses.

[thegrey @ Oct 2nd 2006 1:12PM]

What a TWIST!

[PEZ @ Oct 2nd 2006 2:10PM]

Actually, its 80% LimeWire, 18% Apple and 2% Playforsure.

AHAHAHAHAHA. OK.

[Brad @ Oct 2nd 2006 1:09PM]

Double Twist? Really? Like a Helix?

https://helixcommunity.org/

Tell me that's just a coincidence.

[Andy @ Oct 4th 2006 1:02AM]

Wow that's great. Too bad I'm predicting that thanks to this entry and now dispursion of its existance on engadget (which will soon transfer to other websites just as fast), Apple may be suing soon...

[matthew @ Oct 2nd 2006 2:08PM]

As I commented on the original article;

"Surely thisll break when Apple do an update, leaving all the customers of these �licensed� companies with unplayable media until an update (if possible) is made available. You wouldnt see me buying any media from those companies.

Also, what EXACTLY is stopping these companies selling their media to work on the iPod as it is? The article makes the iPod sound as if it will only play DRMd files. Just sell MP3s or MP4 movies and theyll play on the iPod.

This sounds like a very dubious business idea to me."

[Dave @ Oct 2nd 2006 2:23PM]

OR everyone could use www.allofmp3.com?

[Robert @ Oct 2nd 2006 2:39PM]

i i wish JHymm Still worked i miss converting my apple audio to mp3's now i had to buy all those cd's ALL OVER thanks alot Apple

[Judd @ Oct 2nd 2006 3:25PM]

"Also, what EXACTLY is stopping these companies selling their media to work on the iPod as it is? The article makes the iPod sound as if it will only play DRMd files. Just sell MP3s or MP4 movies and theyll play on the iPod."

Sure, they'll play, but the company has no way to protect their content. Jon's (dubious at best) venture is to offer apple-compatible DRM to protect your content, but at a discount rate. Doesnt really sound so hot to me, Jon- is there even a demand for a service like this?

[Lo-Fi Nikita @ Nov 10th 2006 2:27AM]

The big money seems to think there's a demand. Fortune October 30th issue has a four-page article on Jon that notes the legal hurdles he faces, but also quotes Fred Lohman of EFF speaking favorably of the scheme: "What he's working on is clearly in the spirit of the reverse-engineering the courts have been most friendly toward, but the law is untested, and the case is complicated." My own view is that the Apple DRM on iTunes is a software-enforced "tying agreement" that is illegal under the Clayton Antitrust Act:
"Sellers with more than one product may seek to tie the sale of one (which the customer presumably desires) with that of another (which it presumably does not want). Such tie-ins are governed not only by the general language of the Sherman Act, but the more particular provisions of Section 3 of the Clayton Act, which prohibits such arrangements if the likely result is substantially to lessen competition. Tie-ins are per se unlawful if the seller possesses sufficient market power in the tying product, and coerces the buyer to take the tied product as a condition to obtaining the desired product."
From http://www.linuxjournal.com/article/6538

Apple is tying the sale of iPods to the sale of iTunes, because iTunes is a form of digital music that has been made to play only on the iPod. Long ago the phone company used to own the phone (buy an old one on eBay and the sticker will say it's the property of Ma Bell), but that was an illegal tying agreement, discarded in the IT&T breakup. Radio Shack went crazy selling cheap digital phones when private telephone ownership was permitted. In the same way, Jon's idea is brilliant and will unleash commerce, unlocking the consumer power locked into the iTunes scheme. By allowing vendors, including independent bands and musicians, to sell music that will play on the iPod, they will gain access to the iPod listener market that they are currently locked out of. By allowing people to play their iTunes on the Zune, we will increase the value of the iTunes to purchasers who do not want to flush their music collection down the toilet, but would really like a non-Apple music player. Nor can Apple complain that iTunes buyers are getting more than they paid for. If anyone has standing to complain about expanded use of iTunes beyond iPod listeners, it might be the music labels that licensed music to Apple believing it would be played only by the Apple listener population, leaving them to develop the remainder of the market. However, I believe there are only so many listening hours available to every listener, and owning a file doesn't equate to hearing it. What is clear is that artificial limitations on file-handling are the means for media monopolists to dictate who gets to speak and what we get to hear. Jon's work will release the energy locked up in Jobs' crippleware, and I agree with Fortune magazine that this will be a disruptive event of no small magnitude.

[tekdroid @ Oct 2nd 2006 3:42PM]

Hah! Let's buy UnFairPlay DRMd files from non-Apple vendors - as if by this virtue alone we will get something worth buying. So enticing. Nice try Jon.

While there may be companies looking to license his DRMd content and sell it (this is, after all, an Apple-centric market), I, for one, will not support our Digital Rights Restricted Lossy overlords with one cent.

[Steve @ Oct 2nd 2006 4:16PM]

Jon would make better use of his time ...hd-dvd, blu-ray!!!!

[Admo @ Oct 2nd 2006 4:25PM]

so, DRM is okay if you're hijacking someone else's to make a profit? just checking.

[Alex C @ Oct 2nd 2006 9:31PM]

Hello?! Just burn the cd and reimport it. That way, you have a back up and you lose the DRM.

[tekdroid @ Oct 3rd 2006 1:04AM]

...and lose the sound quality (assuming you are converting to mp3 or aac, or ogg vorbis, or...).

[George @ Oct 3rd 2006 7:53AM]

Reimport using Apple Lossless. About six times bigger file size but no DRM or quality loss.

[tekdroid @ Oct 3rd 2006 9:08AM]

or simply buy the CD :) No lossy compression anomalies to begin with. A safe back-up. Artwork. Value. Rip to any format you desire without generational quality losses.

[George @ Oct 3rd 2006 10:01AM]

Exactly what I do, my friend :) Amazon still has the best quality/price ratio. Thought, it will be cool to be able to download lossless music from iTunes Store, but I'm afraid it won't happen anytime soon.

[Daniel Serodio @ Oct 11th 2006 8:30AM]

Except when the CD is DRM'ed

[jerrysz @ Oct 3rd 2006 9:49PM]

Check out www.musicgiants.com for lossless music downloads

[Eric @ Oct 7th 2006 11:41AM]

God damn it DVD Jon! Get back to cracking iTunes already. I'm stuck with all these stupid DRM'd iTunes 6 songs. I was counting on you, homie! I hear QTFairUse and FairKeys are the way to go, but aren't idiot-proof like JHymn. Haaate this DRM crap. When is this supply and demand crap I'm always hearing about going to kick in? Nobody wants freaking DRM! Heeeed the market already. I uh, OK I get it about the piracy but dang, there are loads of people who will pay fair prices for downloads. I just don't want or need anymore useless CDs. Grrr.

[fj1200 @ Oct 9th 2006 4:33PM]

Eric, your simple answer is...... As soon as idiots like you refuse to buy it.....

[tekdroid @ Oct 12th 2006 5:42AM]

discovered EAC yet? ;)