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DATE | 2004-07-30 |
FROM | Ruben Safir
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SUBJECT | Re: [hangout] Oh my god - Apple is complaining about Competition!
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'); //--> Ten O'Clock Tech The IPod Is A Battlefield Arik Hesseldahl, 07.30.04, 10:00 AM ET
NEW YORK - Apple Computer is "stunned," it says, by the behavior of RealNetworks.
Stunned that Real (nasdaq: RNWK - news - people ) wants to let its customers play their music on Apple's iPod. Stunned that someone would dare create--some would say, innovate--a method to convert digital songs from one format that Apple's (nasdaq: AAPL - news - people ) iPod doesn't natively support, into one that it does.
Earlier this week Real stunned the digital music scene with the announcement that its software, "Harmony," would allow its customers to play songs purchased on Real's Rhapsody digital music download service and play them on an iPod or other player.
But it's not clear exactly why Apple is so upset. Does this not increase the potential market for iPod sales? Perhaps, yes. But it also opens up the possibility for an increase in the number iPod owners who don't use Apple's iTunes Music Store to buy their music, and that is a sore point with Apple.
While it's quick to brag about how its customers have paid to legally download some 100 million songs--making it far and away the most successful legal music download service in creation--the black market of songs downloaded from file-sharing services like Kazaa, eDonkey, Bearshare and others is much higher. One Yankee Group forecast suggests that by next year the number of songs downloaded from file-sharing sites could reach 7.5 billion. Those songs are typically MP3s that are universally playable on iPods and Rios and scads of other devices.
And it is on this issue that Apple is vulnerable. In this space we've railed against Apple rival Sony (nyse: SNE - news - people ) and its "walled garden" to digital music downloading and players (see: "The Won't Be IPod Killer"). Despite its success, Apple, because of its lack of flexibility, may in time find that consumers want a digital music experience that is as universally compatible as a CD. This week's move by Real appears to be an expression of that desire. Apple's iPod/iTunes combo isn't nearly as closed a system as Sony's, but it certainly could stand to be a bit more open.
Who would want to buy music in any form that can only be played on one brand of device? That is, in effect, what is happening with Apple's iTunes. When you download a 99-cent song, you download a digital file that is encoded in Apple's Advanced Audio Codec (AAC) format, which as yet only Apple supports. Sure, future mobile phones from Motorola (nyse: MOT - news - people ) will support iTunes songs too, but only a few at a time. But it's a sure bet that there are more MP3 files on iPods than AAC files.
This spat takes place against the backdrop of a struggle on the part of Real to remain relevant in the music download business. Its Rhapsody service is scoring some limited success with some 550,000 subscribers, according to its July 28 quarterly earnings report. What it doesn't appear to have is music player hardware that it can call its own. CEO Rob Glaser has publicly tried to pressure Apple CEO Steve Jobs to open up the iPod to more formats.
One would think Jobs and Apple would run the risk of looking like a villain opposed to consumer choice and innovation. And while that argument may have some merit, the bad vibes aren't likely to stick to Apple because of the iPod's pop culture status. Glaser and Real--right or wrong--are more likely to end up looking like the unpopular kid bitter about not being invited to the cool kids' party.
Appearances do matter. Apple should beware looking like it's too jealously guarding the door to the iPod party, and should ready a contingency plan under which companies backing other formats, like Real, can join the party, but only under terms that Apple lays out. It won't hurt Apple one bit over the long term. The market demands openness and flexibility, and Apple, of all companies, should have learned this lesson by now. There was a time Apple owned the personal computer business. We all know how that turned out.
Meanwhile Real is already in the midst of a legal fight with Microsoft (nasdaq: MSFT - news - people ) (see: "RealNetworks Files Suit Against Microsoft"), which last quarter cost $2.8 million, or more than 4% of Real's revenue. The last thing Real needs is another major lawsuit, though Apple is clearly ready to go on the offensive, saying it is investigating the possibility that the Harmony software violates the Digital Millennium Copyright Act, which heavily restricts the development of techniques to work around copy-protection technologies.
Apple has ominously suggested that a forthcoming upgrade to its iPod software will disable Harmony, which will no doubt prompt Real to find a way to work around that, which will in time turn the iPod into a technological battleground wherein consumers start to wonder whether other players and music services might be worth a second look.
We've seen these kinds of back-and-forth battles before. Time Warner's (nyse: TWX - news - people ) America Online and Yahoo (nasdaq: YHOO - news - people ) have fought an on-again, off-again battle to lock out users of Trillian, a third-party instant messaging software that seeks to unify several IM services under a single program. The only real losers were users. Both Real and Apple know this will be the result of a prolonged battle. One hopes this fight won't last.
More Ten O'Clock Tech Columns
On Fri, 2004-07-30 at 22:28, Ruben Safir wrote: > There's beef cooking in cyberspace. > > Apple Computer on Thursday accused RealNetworks of hacking its popular > iPod after the competitor released software that lets iPod users > download songs from RealNetworks' own RealPlayer music store. > > Previously, only Apple's iTunes software gave users the ability to > purchase songs online and transfer them to an iPod. Apple uses its own > Fairplay Digital Rights Management technology, which it has refused to > license to other companies. > > "We are stunned that RealNetworks has adopted the tactics and ethics of > a hacker to break into the iPod, and we are investigating the > implications of their actions under the Digital Millennium Copyright Act > and other laws," an Apple statement read. > > Although both the RealPlayer and iTunes stores offer downloads for 99 > cents apiece, the fundamental differences between the two services are > in content — each offers its own share of exclusives — and quality. Like > most services, iTunes downloads have a sound quality of 128 kbps. The > RealPlayer music store is the only service to offer songs in 192 kbps, > which is closer to CD quality. > > The technology in the new RealPlayer 10.5 beta software "follows in a > well established tradition of fully legal, independently developed paths > to achieve compatibility," RealNetworks said in a statement issued soon > after Apple's. "There is ample and clear precedent for this activity. > For instance, the first IBM-compatible PCs from Compaq. ... Consumers, > and not Apple, should be the ones choosing what music goes on their > iPod." > > Besides the iPod, RealPlayer 10.5 also offers compatibility with > portable digital music players made by Creative, Rio, iRiver and more > than 65 other manufacturers. > > For complete digital music coverage, check out the Digital Music > Reports. > > > > ____________________________ > NYLXS: New Yorker Free Software Users Scene > Fair Use - > because it's either fair use or useless.... > NYLXS is a trademark of NYLXS, Inc >
____________________________ NYLXS: New Yorker Free Software Users Scene Fair Use - because it's either fair use or useless.... NYLXS is a trademark of NYLXS, Inc
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