Digital music
Music wants to be free

Feb 7th 2007
>From Economist.com
Selling digital music without copy-protection makes sense

http://www.economist.com/daily/news/displaystory.cfm?story_id=8660389&fsrc=nwl


EPA

IT WAS uncharacteristically low-key for the industry's greatest
showman. But the essay published this week by Steve Jobs, the boss of
Apple, on his firm's website under the unassuming title "Thoughts on
Music" has nonetheless provoked a vigorous debate about the future of
digital music, which Apple dominates with its iPod music-player and
iTunes music-store. At issue is "digital rights management" (DRM)—the
technology guarding downloaded music against theft. Since there is no
common standard for DRM, it also has the side-effect that songs
purchased for one type of music-player may not work on another.
Apple's DRM system, called FairPlay, is the most widespread. So it
came as a surprise when Mr Jobs called for DRM for digital music to be
abolished.

This is a change of tack for Apple. It has come under fire from
European regulators who claim that its refusal to license FairPlay to
other firms has "locked in" customers. Since music from the iTunes
store cannot be played on non-iPod music-players (at least not without
a lot of fiddling), any iTunes buyer will be deterred from switching
to a device made by a rival firm, such as Sony or Microsoft. When
French lawmakers drafted a bill last year compelling Apple to open up
FairPlay to rivals, the company warned of "state-sponsored piracy".
Only DRM, it implied, could keep the pirates at bay.
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This week Mr Jobs gave another explanation for his former defence of
DRM: the record companies made him do it. They would make their music
available to the iTunes store only if Apple agreed to protect it using
DRM. They can still withdraw their catalogues if the DRM system is
compromised. Apple cannot license FairPlay to others, says Mr Jobs,
because it would depend on them to produce security fixes promptly.
All DRM does is restrict consumer choice and provide a barrier to
entry, says Mr Jobs; without it there would be far more stores and
players, and far more innovation. So, he suggests, why not do away
with DRM and sell music unprotected? "This is clearly the best
alternative for consumers," he declares, "and Apple would embrace it
in a heartbeat."

Why the sudden change of heart? Mr Jobs seems chiefly concerned with
getting Europe's regulators off his back. Rather than complaining to
Apple about its use of DRM, he suggests, "those unhappy with the
current situation should redirect their energies towards persuading
the music companies to sell their music DRM-free." Two and a half of
the four big record companies, he helpfully points out, are
European-owned. Mr Jobs also hopes to paint himself as a consumer
champion. Apple resents accusations that it has become the Microsoft
of digital music.

Apple can afford to embrace open competition in music players and
online stores. Consumers would gravitate to the best player and the
best store, and at the moment that still means Apple's. Mr Jobs is
evidently unfazed by rivals to the iPod. Since only 3% of the music in
a typical iTunes library is protected, most of it can already be used
on other players today, he notes. (And even the protected tracks can
be burned onto a CD and then re-ripped.) So Apple's dominance
evidently depends far more on branding and ease of use than
DRM-related "lock in".

The music giants are trying DRM-free downloads. Lots of smaller labels
already sell music that way. Having seen which way the wind is
blowing, Mr Jobs now wants to be seen not as DRM's defender, but as a
consumer champion who helped in its downfall. Wouldn't it lead to a
surge in piracy? No, because most music is still sold unprotected on
CDs, people wishing to steal music already can do so. Indeed,
scrapping DRM would probably increase online-music sales by reducing
confusion and incompatibility. With the leading online store, Apple
would benefit most. Mr Jobs's argument, in short, is transparently
self-serving. It also happens to be right. 

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