DVD Jon's DoubleTwist to provide FairPlay for devices, too

Earlier this month we brought you the news that DVD Jon was skipping across the pond to California to begin a startup called DoubleTwist Ventures. Well, bucking the trend of feting the 5th anniversary of the iPod, Fortune magazine took the opportunity to interview DVD Jon about how he hopes to stick it to Cupertino. DoubleTwist's business model is to license not just that one, but two pieces of Johansen-authored software that will break Apple's DRM by letting other companies "sell copy-protected songs that play on the iPod, and another that would let other devices play iTunes songs." Clever -- open up FairPlay in both directions. Johansen believes that it's his responsibility to fix Apple's restrictive format, and even has a quote from Steve Jobs in 2002 -- "If you legally acquire music, you need to have the right to manage it on all other devices that you own." -- tacked on a wall in his office as a reminder. While DoubleTwist's business model may suffer legal troubles as a result, Fortune notes that no FairPlay-related suits have ever been filed by Apple against Johansen or anyone else: "That could be because the company is afraid that losing a case would set a precedent that would encourage imitations of the iPod. Or it could be that Apple doesn't want to give anyone the publicity." Either way, the article points out that DRM remains the set of thorns on Apple's rosy iPod.

[Photo: Fortune]

[Jarno Peschier @ Oct 24th 2006 5:34AM]

http://www.thinkgeek.com/31fc/ in action. ;-)

[Chuck @ Oct 24th 2006 5:37AM]

Why does everyone whine about DRM and the iPod? Last time I checked, my iPod plays normal MP3s just fine. DRM is only an issue for the drones that can't find their music any other way except through iTunes. Seems like people are really complaining about the iTunes music store. And if that's the case, why don't they just get their MP3s somewhere else, or rip them off discs they already own?

[Deluxe @ Oct 24th 2006 5:44AM]

It's far easier to just complain until you get what you want ;).

[narco @ Oct 24th 2006 6:05AM]

Chuck,

I don't buy songs from iTunes, or any other service for that same reason. I'm sure that most people complain about DRM because they fear it getting worse. It's still in the early stages now, but if digital media ever totally replaces physical media, then I'm sure we'll be faced with much tougher DRM laws.

Fishes,
narco.

[Matthew Flint @ Oct 24th 2006 8:22AM]

It could also be that Jobs really does believe that you should have the right to manage your legally-purchased music as you see fit. He'll obviously be under huge pressure from the media companies, and might view DOubleTwist as "hey, not my problem".

Stranger things have happened!

[Intrepid @ Oct 24th 2006 9:31AM]

This applies to both Matthew Flint and Elmo:

Steve Jobs does care if DRM is cracked. The iPod does sell itself, at the moment... but if Microsoft or Sandisk were to realease a better player, the only thing that would keep the iPod going is the fact that everyone has loads of songs that only work on iPod.
It's a closed system, and very clever. With DRM on their side, Apple can now safely assume that consumers will not move away from the iPod because it would be too hard - just as Microsoft once assumed that people would never stop using Windows (they are now rethinking that strategy and trying to make good products again).

[ELmo @ Oct 24th 2006 8:53AM]

Or could it be that the only reason there is DRM on iTunes songs is that is the only way the studios would let Apple sell them and Jobs and Co. really don't care if Fairplay gets hacked as long as the studios don't pull out.

The iPod sells itself. iTunes is just a bonus.

[Pete_L_P @ Oct 24th 2006 11:40AM]

Intrepid

IMO your comments are closest to dead on.

While I do believe that apple has several additional advantages that are self perpetuating, DRM is probably number 1 on th list, for the reasons you state.

As to why no suits have been filed:
I believe that Apple really does NOT have a strong legal case against what Jon is doing and what real had done. On the other hand, apple can more easily fight this by changing their OS/ DRM behavior from time to time. This tends to cause enough trouble for hack users that it's less of a business threat. This is exactly what they did with rhapsody.

[Intrepid, I know you get this, but Many folks don't realize that Jon's hack does NOT violate the intellectual property rights of the content creator. These hacks do not aid piracy, and only the legal purchaser would benefit from the hack]

Pete

[beeck @ Oct 26th 2006 6:18PM]

Hy, maybe a stupid question, is the drm soft already to get on the net ?

[nightryder21 @ Oct 24th 2006 9:34AM]

Engadget wasn't too clear in the article that was on Fortune. But what he is trying to do is so that no matter what digital store you use to buy music you can play the songs on the Ipod. Essentially he is putting a version of DRM that is Ipod friendly. Which would be a good thing then the Itunes store has competition and not a monopoly.

[Ian Granados @ Oct 24th 2006 10:37AM]

I think Matthew and ELmo are on the right track. I agree that if you own the music you buy you should be able to use it where, when and how you want. Accusations of greed aside, those making, producing and distributing the music are in it to make money and need to make money.

Until the record companies change their views and practices toward digital content they need to feel like there is a legitamate effort going into protecting their investment and preventing piracy.

So far the structure that Apple has provided has been succesful(and maybe a little arm twisting)enough from a financial stantpoing to warrant continuing support. While everyone has their preference The Itunes store,Rap(shoddy) and the new Zune store all help the case that people want an easy one stop shop for digital music.

So while the efforts of DVD John and the like may be beneficial(arugably)in the short term consumers, how much content and options will be available if the industry pulls the plug? Will they seek even more restrictive DRM, will they step up prosecution of "criminals" or will they sign fewer bands and only sell and promote what they can control?

[Chris @ Oct 24th 2006 11:06AM]

"Steve Jobs does care if DRM is cracked. The iPod does sell itself, at the moment... but if Microsoft or Sandisk were to realease a better player, the only thing that would keep the iPod going is the fact that everyone has loads of songs that only work on iPod."

While it might be a little difficult it is not impossible. There is nothing stopping those other companies from supporting AAC and since they already support MP3 I would suspect that most music could move from an iPod to any other player. What they can't implement is FairPlay. So, for those songs that reside on an iPod that were purchased from the iTunes Store one need only burn and re-rip to MP3 to make them work on another non-iPod player (granted it will degrade the quality a bit). There is really no barrier to moving from an iPod to another player. Apple is not holding on to its DRM to "lock" people into its own player. They do it because they must (and perhaps even think it is RIGHT and PROPER. I don't know.) in order to sell a product they don't hold the rights to and that is easily copied in its digital form.

[Pete_L_P @ Oct 24th 2006 12:10PM]

Chris

I agree that workarounds exist allowing users to change devices and keep their songs, despite DRM. From a corporate view, though they aren't relevant. I believe the vast majority would just stay put with their ipod rather than go through the burning, re-encoding process, and DRM succeeds fully as a protection for apple's franchise.

(Yes, I know this is not the primary purpose of DRM, just a nice side benefit for apple, due to the proprietary nature of fairPlay.)

Pete

[Intrepid @ Oct 25th 2006 9:16AM]

Thanks for your comments Pete. It's always good to hear from an intelligent person ;)

Hopefully DRM is just a fad that'll soon fade away... although without more public outcry, that's unlikely.

[SteveJ @ Oct 24th 2006 1:37PM]

So DVD Jon has succeeded in giving us more DRM than we had before? Why would I want to put more DRM encoded tracks on my iPod? Give me DRM-free tracks, like emusic provides, and none of this nonsense is necessary. Thanks. Also, didn't Real already do this type of thing with Rhapsody?

[tekdroid @ Oct 25th 2006 9:54AM]

...and it all starts with educating the unwashed masses with links ;)
http://en.wikipedia.org/wiki/FairPlay
Limitations of Apple's (Un)FairPlay Digital Rights Restrictions