Harvard Law Blogs – 9/15/06:

In yesterday’s announcement of the new Zune media player and Zune Marketplace. Microsoft (and many press reports) glossed over a remarkable misfeature that should demonstrate once and for all how DRM and the DMCA harm legitimate customers.

Microsoft’s Zune will not play protected Windows Media Audio and Video purchased or “rented” from Napster 2.0, Rhapsody, Yahoo! Unlimited, Movielink, Cinemanow, or any other online media service. That’s right — the media that Microsoft promised would Play For Sure doesn’t even play on Microsoft’s own device.

let me throw one more possible rationale out there: because Microsoft’s “Plays For Sure” WM DRM does not accomodate the Zune sharing feature (and that’s just my speculation), they ditched it.

And I just love how Microsoft is telling Zune users to violate the DMCA and rip their DVDs!

Microsoft Zune architect J Allard pointed out that Zune has sufficient video format support, in part because there’s “Lots of DVD ripping software out there that encodes to those formats, so the most popular formats out there, whether it’s MPEG-4 or H.264, we’ll support those.”



  1. prophet says:

    Legally, I wonder if these statements could be used as a defense in a court case. I place even odds that Allard is out of job due to these comments. MS has worked real hard to follow the DCMA.

  2. Roger M says:

    The customers in this picture are screwed no matter how you look at it.

    The music industry is shooting themselves AND their customers in the head with their DRM crusade.

    The whole iPod/Tunes industry has established a defacto monopoly, and the customers love it! Go figure.

    Of course MS wants to jump on the monopoly bandwagon, creating their own monopoly niche.

    The whole thing stinks like “Sony Rootkit”, rotten tomato or whatever that really zukkkss.

    I avoid anything proprietary like the plague if possible. Go Indie music, go plain generic MP3 players 🙂

  3. doug says:

    #2. You put your finger on it – you are only screwed if you play by the rules. Again, perverse incentives.

  4. JimJammer says:

    Microsoft is embarrassing itself whenever it tries to do anything other than Word Processors and virus-ridden OS’. Money can’t buy quality. Money can’t buy style.

  5. John says:

    Maybe they decided to not allow it to be “Play for sure” so it in someways would not compeate with their “Play for Sure” partners. That is, currently several companies make players that are Play for Sure compatible, and there are several stores using this DRM system. By not being PFS compatible, the Zune, while entering the market, is not dirrectly going for the consumersof those other players who may have invested in play for sure music. Thus thought they could keep some of their partners happy for a bit longer by saying “See, we limited our device so it couldn’t play the DRMed music that your device can…”

  6. gquaglia says:

    #5 is right. They don’t want it to be compatible with other company’s music or players. They see Apple with their lock in and they want the same. Being M$ they think they can do it better. Trouble is Apple is too far ahead and M$ is historically un cool when it come to these things.

  7. Smartalix says:

    The Zune will last as long as the Elcassette did. It may luck out and gain just enough market share to survive, but I doubt it. Then agin, it all depends on how much money Microsoft is prepared to throw down that particular hole.

  8. Steve S says:

    #7
    The Elcaset! That gives me an idea. I think the time is right to introduce the ElPod. Just like a normal iPod except 3 times as big. With that size you could use 3.5 inch hard drives and soon have a terabyte of storage and a really big battery. 240,000 songs, 1000 hours of play time per charge and room for a 10 inch display! Outstanding!

    http://en.wikipedia.org/wiki/Elcaset

    Steve

  9. Clay Marley says:

    DRM excesses will continue as long as people keep buying this stuff. I personally decided to boycot all Sony products after their rootkit fiasco. I don’t buy CDs labeled as possibly not compatible with a computer.

    I’ve discovered there are other great products besides Sony, and other great music out there.

  10. sirfelix says:

    Whats sad is I cannot even listen to my mp3s on my new Windows Mobile 5.0 PDA because the Activesync transfer software is so buggy. Please tell me the Zune doesn’t use AS?
    This seems like another example of rushing something to market without testing it.
    Those GenX slackers are graduating with engineering degrees with their C minues and companies are hiring them.
    I weep for our future.

  11. AB CD says:

    Don’t be so snooty. It’s understanding that allows people like us to tolerate people like you.

  12. sirfelix says:

    I see that you have made my point by mis-quoting Ferris Buehler.
    Actually the quote is “It’s understanding that allows people like us to tolerate people such as yourself.”
    Face it “dude”, you’ll never be as cool as Ferris Buehler. And move on, this isn’t 1986 anymore.

    Are you sure you don’t work for Microsoft?

  13. joshua says:

    This is the problem with a blog such as this. The people who post here are techies, nerds and Geeks. What many here fail to remember is that there is a whole world out there that dosen’t live and breath this stuff.
    That 90% + of the population simply wants to go to Wal-Mart or wherever they buy their CD’s and DVD’s, buy it, go home and play it. If it works, cool…..they could care less about DRM, RIAA or any of that stuff. Thats why they keep buying it without complaint. They have no reason or desire to copy it.
    The only people up in arms about all this, are the ones who feel that if it’s out there, then they have the right to copy it for free. So, your bound to butt heads with the group that feels artistic work product is just as much a commodity as toliet paper. It’s what that pesky capitalist system is based on, buying and selling, profit and loss. In fact, if no one buys, but only copies or uses for free, then no one gets anything after a time. No new innovation, no new artistic product, no new toliet paper.
    Both sides have an arguement about this stuff. The answer lies somewhere in the middle I’ll bet.

  14. Smartalix says:

    Well said, Joshua. We have to remember that there is a reason for copyright protection, even though rights management is getting out of hand.

  15. OmarTheAlien says:

    Too much big money, insufficient quality content in the mix, and I see little reason to buy anything out there. If I do, then like #13, I buy it, take it home and play it.
    I personally predict that disc media is headed the way of the eight track player, as broad band and flash memory hits critical mass and all content is simply downloaded to whatever device is handy.
    But I could be wrong, an asteroid the size of Texas could be heading towards us and screw this up.

  16. SN says:

    “That 90% + of the population…. could care less about DRM, RIAA or any of that stuff.”

    First, the expression is that someone “could not care less.” By saying they “could care less” you’re actually saying they do in fact care.

    Regardless, people do care about DRM. I just read an article saying that the vast majority of iPod users are not buying music from iTunes by are either ripping the music themselves or are downloading it via p2p. Thus, the vast majority of people do care about DRM.

  17. moss says:

    There’s also a decent article over here about why Microsoft suddenly decided to hold the scheduled press conference for Zune — but, didn’t announce prices.

    They were caught short by Apple’s announcement of price cuts earlier on. Microsoft figured on $299 but Jobs cut the 30GB iPod to $249.

  18. dunnybuoy says:

    Check out this video starring the new zune player at http://www.zune-player.net


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