The Customer Is Always Wrong: A User's Guide to DRM in Online Music

(Folks, there are a lot of graphics that go with this available at the link above)

There is an increasing variety of options for purchasing music online, but also a growing thicket of confusing usage restrictions. You may be getting much less than the services promise.

Many digital music services employ digital rights management (DRM) — also known as "copy protection" — that prevents you from doing things like using the portable player of your choice or creating remixes. Forget about breaking the DRM to make traditional uses like CD burning and so forth. Breaking the DRM or distributing the tools to break DRM may expose you to liability under the Digital Millennium Copyright Act (DMCA) even if you're not making any illegal uses.

In other words, in this brave new world of "authorized music services," law-abiding music fans often get less for their money than they did in the old world of CDs (or at least, the world before record companies started crippling CDs with DRM, too). Unfortunately, in an effort to attract customers, these music services try to obscure the restrictions they impose on you with clever marketing.

This guide "translates" the marketing messages by the major services, giving you the real deal rather than spin. Understanding how DRM and the DMCA pose a danger to your rights will help you to make fully informed purchasing decisions. Before buying DRM-crippled music from any service, you should consider the following examples and be sure to understand how the service might limit your ability to make lawful use of the music you purchase.

Apple iTunes Music Store Says...

"Own it Forever and a Day"


"Just 99 Cents, Plus Generous Personal Use Rights"

[Graphics available at the EFF link provided at top of this page]

The Facts: You Bought It, But They Still Own It

Imagine if Tower Records sold you a CD, but then, a few months later, knocked on your door and replaced the CD with one that you can't play in your car. Would you still feel like you "owned" the CD? Not so much, eh?

But Apple reserves the right to change at any time what you can do with the music you purchase at the iTunes Music Store. For instance, in April 2004, Apple decided to modify the DRM so people could burn the same playlist only 7 times, down from 10. How much further will the service restrict your ability to make legal personal copies of your own music? Only Apple knows.

Another hallmark of ownership is the right to give away or sell your property. That's called "first sale," and it's explicitly protected under copyright law. Yet Apple's DRM frustrates first sale—just ask George Hotelling, who had to give away the login and password to his iTunes Music Store account in order to resell a single song.

As the table below shows, there are many other ways that Apple's DRM limits what you can do with a song you "own." Many other a la carte download services choose to impose similar restrictions. How "generous" of them.

Additional iTunes Music Store Restrictions
Restricts back-up copies: Song can only be copied to 5 computers
Restricts converting to other formats: Songs only sold in AAC with Apple DRM
Limits portable player compatibility: iPod and other Apple devices only
No remixing: Cannot edit, excerpt, or otherwise sample songs
Microsoft Touts...
The "Plays for Sure" labeling for Windows Media Audio DRM compatibility:

[More graphics at the EFF link]

Microsoft Touts...
The "Plays for Sure" labeling for Windows Media Audio DRM compatibility:

"Choose Your Music. Choose Your Device. Know It's Going to Work"


"Match logos ... [it's] no hassle."

The Facts: With DRM, Nothing Truly "Plays for Sure"
Your investment in CDs has paid all kinds of dividends over time because third parties could freely enable novel uses, like ripping MP3s or creating your own ringtones. But when you buy DRM-crippled music, you're locked into the limited array of software and devices that DRM vendors say you can use.

Many online music stores offer songs wrapped in Microsoft's Windows Media Audio (WMA) DRM, but not every device supports this format. You have to check for the "Plays for Sure" label, and, even then, only a few media players support "subscription" WMA content, like songs offered through Napster To Go. Not exactly hassle-free.

Microsoft's campaign is meant to make you comfortable with its limited universe of compatible products. But what happens if you later want to switch to a WMA-incompatible iPod, or a superior device that Microsoft won't license? You'll have to rebuy your music collection. Unlike MP3s, you can't easily convert DRM-crippled music to a different format. Likewise, if you switch music stores, you might have to buy a new set of compatible devices. And if the time comes that stores and devices no longer support your DRM, you're entirely out of luck.

RealNetworks Advertises...

"'Freedom of Music Choice' ... to help consumers break the chains that tie their music devices to proprietary music downloads."

The Facts: RealNetworks Doesn't Offer Real Freedom of Choice

RealNetworks pitched a fit because songs sold at the Real Music Store could not be transferred to Apple's iPod. Real's "Freedom of Choice" campaign says that consumers should be able to play their music using the device of their choice.

That's what you want, but it's not what you'll get from Real or any other service that sells songs wrapped in DRM. Real's customers are chained to the narrow set of software and devices licensed to unlock Real's proprietary DRM or Microsoft's Windows Media Audio (WMA) DRM. Want to stream music throughout your home with Creative's Sound Blaster Wireless Music? Too bad. Can't do it with music from Real.

Your CD collection has become more valuable over time because third parties could freely enable new uses, like ripping MP3s or creating your own ringtones. That's not the case with music you buy from Real. Even if you own devices compatible with Real's DRM or WMA today, what happens tomorrow when you want to buy a superior device that Real or Microsoft won't license? You'll have to rebuy all your music in a compatible format. Unlike MP3s, DRM-crippled music can't easily be converted to other formats.

Or what if Real someday gives up the digital music business and its formats go unsupported in all devices? The CDs you bought 10 years ago still play in every CD player you can buy today, but you might not be able to say the same about Real's music.

Additional Real Music Store Restrictions
Restricts back-up copies: Song can only be copied to 3 computers
Limits audio CD burning: Same album or playlist can only be burned 5 times
No reselling songs
No remixing: Cannot edit, excerpt, or otherwise sample songs
DRM restrictions can change: "DRMs may be able to revoke your ability to use a Download — if you violate the usage rules associated with Downloads." "Real may modify this Agreement [which sets out the usage rules] at any time in its sole discretion."
Napster 2.0 Promises...

"All the Music You Want. Any Way You Want It."

The Facts: Music "Any Way You Want It" — So Long As You Pay for It Over and Over Again

Napster 2.0 and many services like it provide celestial music jukeboxes, but you better bring a sack of quarters. Using DRM, they charge extra for many traditionally free uses of your music.

For a monthly subscription fee, the Napster Unlimited music rental service offers you the ability to stream and download as much as you like from its entire catalog. If you miss a monthly payment, the DRM renders the downloaded music unplayable.

Even while your subscription lasts, however, the DRM ensures that you don't get to use the music "any way you want." Want to move your music to a portable player? That'll be an extra five bucks per month for Napster To Go — and you'll still only be able to play it using software or devices licensed to play WMA-protected subscription content, which excludes the iPod and most other portable players. How about burning a song to CD? Napster's DRM requires you to cough up 99 cents more. What if you want to copy music to more than three computers? Pay another monthly subscription fee, or 99 cents per song. And what if you want to mix a song snippet with a home movie? Forget it—the DRM forbids that entirely.

Explaining Napster Restrictions
Napster 2.0 is divided up into three services. They all share one thing: complicated, restrictive DRM.

Napster Light
(a la carte purchasing, permanent "ownership" service)
Restricts back-up copies: Song can only be copied to 3 computers
Limits audio CD burning: Same playlist can only be burned 7 times
Limits portable player compatibility: Only protected WMA devices; excludes iPod
Napster Unlimited
(tethered download "rental" service)
Restricted rentals: Songs do not function if subscription lapses
Restricts use on multiple computers: Song can only be copied to 3 computers
No audio CD burning
No portable player compatibility
Napster To Go
(portable subscription "rental" service)
Limits portable player compatibility: Only devices that can play "portable subscription" secure WMA; excludes iPod
Restricts use on multiple portable players: Content can only be used on 2 devices at a time.
Restricted rentals: Songs do not function if subscription lapses
Restricts use on multiple computers: Song can only be copied to 3 computers
No audio CD burning

All three Napster offerings:
Restrict converting formats: Songs only available in protected WMA
No reselling songs
No remixing: Cannot edit, excerpt, or otherwise sample songs
DRM restrictions can change: "Napster reserves the rights to modify the Usage Rules at any time"

Who in their right mind would buy 128 kbps for 99 cents. You have already lost 2/3 of the song before you even download. But we will give you the drm for free. Yes thats right it free. Lossless Audio Codec is the only way to go.

hawk, I hate to tell you this,

MOST people are not in their right mind.

They are mostly influenced by what they see and hear via the mega-media.

======

Even though the Independent music is better/cheaper/etc.

...all the SHEEP know about is the things they see on eMTv and ClearChannel.

It's sad the way they get the people to follow.With only half truths and outright lies.
The flash and glitter must make them blind.

Bump the quality to 192kbs. Reduce the cost to $0.50. Remove all DRM. Change the subscription service so anything you dl during your month you legally own.

Hmm now you have something worth selling.

The Digital Millennium Copyright Act (DMCA) as well as the patriot act are not law and should be disobey by any citizen in this country.

The DMCA is anti-constitutional.

It is a crime to try to enforce the DMCA punishable by law because doing so would be prevent the citizen from exercing their constitutional righ

Similarly a city can not demand a permit to assemble peacefully such as in a rave or in a demonstration because it will encroach with the right of peaceful assembly.

Let's give every one a lesson in constitutional right before trouble hapen.

My DRM experience involves Real Networks and MLB.TV. Back in 2003, I purchased an American League Divisional Playoff game for posterity (full video/audio). Pretty crappy @ only 300kb, but better than nothing. At the time I was using Real Player 8, and all was fine after purchase. Then a year or so later, I upgraded to Real Player 10, and the video would no longer play. Called Real Networks tech support and was told my video purchase would ONLY play on Real Player 8!!! IOW, as soon as I upgraded my player (as any normal user would eventually do), I was screwed. What the heck good is DRM protection that makes your purchase worthless and obsolete once the player is upgraded?!

Why anyone would go along w/ these awful DRM schemes is beyond me. With DRM, you NEVER own it, NEVER. You're always tied to the DRM publisher, and can easily find your purchases WORTHLESS someday. I learned my lesson. If future purchases require DRM solutions, I just assume NOT bother.

strikes me the ads of these companies are all fraudlent and they should be sued.

My main problem with DRM is that, as a linux user, I have been left out of the loop in many cases. iTunes? Not compiled for *nix (I don't count OSX as *nix). That is just one example.

An open standard would be nice. So would free content. Alas, nobody seems to agree (I always get, "Why don't you just use Windows?").