Comments on: Zune in the wild http://www.stevenlevy.com/index.php/2007/02/11/zune-in-the-wild/ Fri, 30 Jul 2010 10:48:12 +0000 http://wordpress.org/?v=2.0.4 by: James Bailey http://www.stevenlevy.com/index.php/2007/02/11/zune-in-the-wild/#comment-2924 Wed, 14 Mar 2007 23:48:48 +0000 http://www.stevenlevy.com/index.php/2007/02/11/zune-in-the-wild/#comment-2924 I think the more central issue is to ask, what gives Microsoft the right to "squirt" any copyrighted material without first getting the copyright holder's permission? I can easily see someone who has self-published some music that wouldn't want anyone to share it, even with a draconian 3-play, 3-day limit. I don't imagine it is the majority of semi-pro musicians but it is not a big leap to imagine many people who abhor even temporary sharing. Unless Microsoft has decided that the 3-day, 3-play limit makes the limited sharing a "fair-use" right, it seems to me that they are breaking the law. Microsoft might have agreements with the big-4 but they can't possibly have covered everyone who owns a copyright on music. Then there is the opposite issue of creative commons licenses which also are being violated. There are CC licenses that prohibit any form of DRM. Microsoft has made no provisions for them either. I think the more central issue is to ask, what gives Microsoft the right to “squirt” any copyrighted material without first getting the copyright holder’s permission? I can easily see someone who has self-published some music that wouldn’t want anyone to share it, even with a draconian 3-play, 3-day limit. I don’t imagine it is the majority of semi-pro musicians but it is not a big leap to imagine many people who abhor even temporary sharing.

Unless Microsoft has decided that the 3-day, 3-play limit makes the limited sharing a “fair-use” right, it seems to me that they are breaking the law. Microsoft might have agreements with the big-4 but they can’t possibly have covered everyone who owns a copyright on music.

Then there is the opposite issue of creative commons licenses which also are being violated. There are CC licenses that prohibit any form of DRM. Microsoft has made no provisions for them either.

]]> by: W.B. McNamara http://www.stevenlevy.com/index.php/2007/02/11/zune-in-the-wild/#comment-1394 Mon, 12 Feb 2007 14:20:18 +0000 http://www.stevenlevy.com/index.php/2007/02/11/zune-in-the-wild/#comment-1394 It doesn't address the central issue (that this kind of exchange should really be simple and not require general purpose computers on either end), but you could allow for this kind of sharing at your speaking gigs with an Appletalk share (I believe you're a powerbook guy). If you enable file sharing on your powerbook, one of the default behaviors is allowing others to put files into your machine's "Drop Box." So while it would require significantly more effort/overhead for less likely return (set up laptop for sharing, bring laptop to gig, receive files only from those who also brought laptops and can figure out the process), this could be an interesting first step...you get to start seeing what comes through the backchannel this way. Unless Microsoft can come up with a way to back off of the arbitrary 3 plays/3 days, only permitted songs sharing limitations without pissing off the labels too much, though, this sort of approach may be your only option for a while. - Whit It doesn’t address the central issue (that this kind of exchange should really be simple and not require general purpose computers on either end), but you could allow for this kind of sharing at your speaking gigs with an Appletalk share (I believe you’re a powerbook guy).

If you enable file sharing on your powerbook, one of the default behaviors is allowing others to put files into your machine’s “Drop Box.” So while it would require significantly more effort/overhead for less likely return (set up laptop for sharing, bring laptop to gig, receive files only from those who also brought laptops and can figure out the process), this could be an interesting first step…you get to start seeing what comes through the backchannel this way.

Unless Microsoft can come up with a way to back off of the arbitrary 3 plays/3 days, only permitted songs sharing limitations without pissing off the labels too much, though, this sort of approach may be your only option for a while.

- Whit

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