Wednesday, August 02, 2006

Apple's Copy Protection Isn't Just Bad For Consumers, It's Bad For Business:

That obvious restriction: No one but Apple is allowed to make players for iTunes Music Store songs, and no one but Apple can sell you proprietary file-format music that will play on the iPod.

In some respects, that's not too different from other proprietary platforms, of course. No one but Microsoft makes Word. But there's a huge difference between Word and iTunes: Word is protected only by market forces, while iTunes enjoys the protection of a corrupt law that gives Apple the right to exclude competitors from the market.

iTunes is protected by the anti-circumvention provisions in the 1998 Digital Millennium Copyright Act (DMCA), itself a law passed to comply with the 1996 UN World Intellectual Property Organization (WIPO) "Internet Treaties." The DMCA makes it a crime to circumvent "effective means of access control." That means that breaking the locks off a digital work is illegal, even if you're breaking the lock to accomplish a legal end.