Jobs: dump DRM

WSJ.com - February 6, 2007

Urges Music Labels To Drop Antipiracy Software By NICK WINGFIELD and ETHAN SMITH February 6, 2007 3:58 p.m.

Apple Inc. CEO Steve Jobs called on major music companies to stop =

requiring Apple and other companies to sell songs over the Internet =

with antipiracy software, calling the technology ineffective at =

deterring illicit copying of music.

Such a move, if embraced by music companies, could eliminate one of =

the biggest criticisms of Apple’s current hold on the digital music =

market — that music sold over the Internet by most of Apple’s rival =

doesn’t play on iPods, while songs from Apple’s iTunes Store don’t =

play on rival hardware devices.

The message by Mr. Jobs, delivered Tuesday afternoon in an unusual =

1,800-word essay posted on Apple’s Web site titled “Thoughts on =

Music,” said major music companies should abolish digital rights =

management, or DRM, software that is designed to deter copying of music.

It’s unclear whether the major music companies =96 EMI Group PLC, Sony =

BMG, Vivendi SA’s Universal Music Group and Warner Music Group Corp. =

– will agree to drop DRM, a sentiment that has been gaining traction =

in recent months among executives in the technology industry.

“Why would the big four music companies agree to let Apple and others =

distribute their music without using DRM systems to protect it?” Mr. =

Jobs asked in the essay. “The simplest answer is because DRMs haven’t =

worked, and may never work, to halt music piracy.”

One reason DRM software doesn’t work, Mr. Jobs said, is that the vast =

majority of music sold by recording companies is on compact discs, =

which generally contain no copy-protection software. “In 2006, under =

two billion DRM-protected songs were sold world-wide by online =

stores, while over 20 billion songs were sold completely DRM-free and =

unprotected on CDs by the music companies themselves,” Mr. Jobs wrote.

He estimated that less than 3% of the music on the average iPod is =

purchase from the iTunes Store and protected by DRM. Mr. Jobs said =

Apple would embrace “in a heartbeat” a scenario in which songs =

purchased without DRM software from any online music store would play =

on the iPod.


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Steve Jobs’s Statement on DRM February 6, 2007 3:58 p.m.

Here is a statement posted by Apple Inc.’s Steve Jobs about digital =

rights management software, which restricts how digital downloads can =

be used.

Thoughts on Music Steve Jobs February 6, 2007

With the stunning global success of Apple’s iPod music player and =

iTunes online music store, some have called for Apple to “open” the =

digital rights management (DRM) system that Apple uses to protect its =

music against theft, so that music purchased from iTunes can be =

played on digital devices purchased from other companies, and =

protected music purchased from other online music stores can play on =

iPods. Let’s examine the current situation and how we got here, then =

look at three possible alternatives for the future.

To begin, it is useful to remember that all iPods play music that is =

free of any DRM and encoded in “open” licensable formats such as MP3 =

and AAC. iPod users can and do acquire their music from many sources, =

including CDs they own. Music on CDs can be easily imported into the =

freely-downloadable iTunes jukebox software which runs on both Macs =

and Windows PCs, and is automatically encoded into the open AAC or =

MP3 formats without any DRM. This music can be played on iPods or any =

other music players that play these open formats.

The rub comes from the music Apple sells on its online iTunes Store. =

Since Apple does not own or control any music itself, it must license =

the rights to distribute music from others, primarily the “big four” =

music companies: Universal, Sony BMG, Warner and EMI. These four =

companies control the distribution of over 70% of the world’s music. =

When Apple approached these companies to license their music to =

distribute legally over the Internet, they were extremely cautious =

and required Apple to protect their music from being illegally =

copied. The solution was to create a DRM system, which envelopes each =

song purchased from the iTunes store in special and secret software =

so that it cannot be played on unauthorized devices.

Apple was able to negotiate landmark usage rights at the time, which =

include allowing users to play their DRM protected music on up to 5 =

computers and on an unlimited number of iPods. Obtaining such rights =

from the music companies was unprecedented at the time, and even =

today is unmatched by most other digital music services. However, a =

key provision of our agreements with the music companies is that if =

our DRM system is compromised and their music becomes playable on =

unauthorized devices, we have only a small number of weeks to fix the =

problem or they can withdraw their entire music catalog from our =

iTunes store.

To prevent illegal copies, DRM systems must allow only authorized =

devices to play the protected music. If a copy of a DRM protected =

song is posted on the Internet, it should not be able to play on a =

downloader’s computer or portable music device. To achieve this, a =

DRM system employs secrets. There is no theory of protecting content =

other than keeping secrets. In other words, even if one uses the most =

sophisticated cryptographic locks to protect the actual music, one =

must still “hide” the keys which unlock the music on the user’s =

computer or portable music player. No one has ever implemented a DRM =

system that does not depend on such secrets for its operation.

The problem, of course, is that there are many smart people in the =

world, some with a lot of time on their hands, who love to discover =

such secrets and publish a way for everyone to get free (and stolen) =

music. They are often successful in doing just that, so any company =

trying to protect content using a DRM must frequently update it with =

new and harder to discover secrets. It is a cat-and-mouse game. =

Apple’s DRM system is called FairPlay. While we have had a few =

breaches in FairPlay, we have been able to successfully repair them =

through updating the iTunes store software, the iTunes jukebox =

software and software in the iPods themselves. So far we have met our =

commitments to the music companies to protect their music, and we =

have given users the most liberal usage rights available in the =

industry for legally downloaded music.

With this background, let’s now explore three different alternatives =

for the future.

The first alternative is to continue on the current course, with each =

manufacturer competing freely with their own “top to bottom” =

proprietary systems for selling, playing and protecting music. It is =

a very competitive market, with major global companies making large =

investments to develop new music players and online music stores. =

Apple, Microsoft and Sony all compete with proprietary systems. Music =

purchased from Microsoft’s Zune store will only play on Zune players; =

music purchased from Sony’s Connect store will only play on Sony’s =

players; and music purchased from Apple’s iTunes store will only play =

on iPods. This is the current state of affairs in the industry, and =

customers are being well served with a continuing stream of =

innovative products and a wide variety of choices.

Some have argued that once a consumer purchases a body of music from =

one of the proprietary music stores, they are forever locked into =

only using music players from that one company. Or, if they buy a =

specific player, they are locked into buying music only from that =

company’s music store. Is this true? Let’s look at the data for iPods =

and the iTunes store =96 they are the industry’s most popular products =

and we have accurate data for them. Through the end of 2006, =

customers purchased a total of 90 million iPods and 2 billion songs =

from the iTunes store. On average, that’s 22 songs purchased from the =

iTunes store for each iPod ever sold.

Today’s most popular iPod holds 1000 songs, and research tells us =

that the average iPod is nearly full. This means that only 22 out of =

1000 songs, or under 3% of the music on the average iPod, is =

purchased from the iTunes store and protected with a DRM. The =

remaining 97% of the music is unprotected and playable on any player =

that can play the open formats. Its hard to believe that just 3% of =

the music on the average iPod is enough to lock users into buying =

only iPods in the future. And since 97% of the music on the average =

iPod was not purchased from the iTunes store, iPod users are clearly =

not locked into the iTunes store to acquire their music.

The second alternative is for Apple to license its FairPlay DRM =

technology to current and future competitors with the goal of =

achieving interoperability between different company’s players and =

music stores. On the surface, this seems like a good idea since it =

might offer customers increased choice now and in the future. And =

Apple might benefit by charging a small licensing fee for its =

FairPlay DRM. However, when we look a bit deeper, problems begin to =

emerge. The most serious problem is that licensing a DRM involves =

disclosing some of its secrets to many people in many companies, and =

history tells us that inevitably these secrets will leak. The =

Internet has made such leaks far more damaging, since a single leak =

can be spread worldwide in less than a minute. Such leaks can rapidly =

result in software programs available as free downloads on the =

Internet which will disable the DRM protection so that formerly =

protected songs can be played on unauthorized players.

An equally serious problem is how to quickly repair the damage caused =

by such a leak. A successful repair will likely involve enhancing the =

music store software, the music jukebox software, and the software in =

the players with new secrets, then transferring this updated software =

into the tens (or hundreds) of millions of Macs, Windows PCs and =

players already in use. This must all be done quickly and in a very =

coordinated way. Such an undertaking is very difficult when just one =

company controls all of the pieces. It is near impossible if multiple =

companies control separate pieces of the puzzle, and all of them must =

quickly act in concert to repair the damage from a leak.

Apple has concluded that if it licenses FairPlay to others, it can no =

longer guarantee to protect the music it licenses from the big four =

music companies. Perhaps this same conclusion contributed to =

Microsoft’s recent decision to switch their emphasis from an “open” =

model of licensing their DRM to others to a “closed” model of =

offering a proprietary music store, proprietary jukebox software and =

proprietary players.

The third alternative is to abolish DRMs entirely. Imagine a world =

where every online store sells DRM-free music encoded in open =

licensable formats. In such a world, any player can play music =

purchased from any store, and any store can sell music which is =

playable on all players. This is clearly the best alternative for =

consumers, and Apple would embrace it in a heartbeat. If the big four =

music companies would license Apple their music without the =

requirement that it be protected with a DRM, we would switch to =

selling only DRM-free music on our iTunes store. Every iPod ever made =

will play this DRM-free music.

Why would the big four music companies agree to let Apple and others =

distribute their music without using DRM systems to protect it? The =

simplest answer is because DRMs haven’t worked, and may never work, =

to halt music piracy. Though the big four music companies require =

that all their music sold online be protected with DRMs, these same =

music companies continue to sell billions of CDs a year which contain =

completely unprotected music. That’s right! No DRM system was ever =

developed for the CD, so all the music distributed on CDs can be =

easily uploaded to the Internet, then (illegally) downloaded and =

played on any computer or player.

In 2006, under 2 billion DRM-protected songs were sold worldwide by =

online stores, while over 20 billion songs were sold completely DRM- =

free and unprotected on CDs by the music companies themselves. The =

music companies sell the vast majority of their music DRM-free, and =

show no signs of changing this behavior, since the overwhelming =

majority of their revenues depend on selling CDs which must play in =

CD players that support no DRM system.

So if the music companies are selling over 90 percent of their music =

DRM-free, what benefits do they get from selling the remaining small =

percentage of their music encumbered with a DRM system? There appear =

to be none. If anything, the technical expertise and overhead =

required to create, operate and update a DRM system has limited the =

number of participants selling DRM protected music. If such =

requirements were removed, the music industry might experience an =

influx of new companies willing to invest in innovative new stores =

and players. This can only be seen as a positive by the music companies.

Much of the concern over DRM systems has arisen in European =

countries. Perhaps those unhappy with the current situation should =

redirect their energies towards persuading the music companies to =

sell their music DRM-free. For Europeans, two and a half of the big =

four music companies are located right in their backyard. The =

largest, Universal, is 100% owned by Vivendi, a French company. EMI =

is a British company, and Sony BMG is 50% owned by Bertelsmann, a =

German company. Convincing them to license their music to Apple and =

others DRM-free will create a truly interoperable music marketplace. =

Apple will embrace this wholeheartedly.

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