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September 13, 2005 4:00 AM PDT

Newsmaker: Getting Bad with Apple

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Getting Bad with Apple
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'BadApple' podcasts first in iTunes

June 20, 2005
Michael Robertson's reputation rests on the string of companies he's started, from MP3.com to Linspire.

But that reputation stems at least as much from his habit of thumbing his nose at those in power. He has fought major lawsuits from the big record labels and Microsoft, losing tens of millions of dollars in the process, but ultimately coming out ahead each time.

He started the original MP3.com in mid-1997, when the digital music phenomenon was just beginning to hit the cultural radar. The company was ultimately sued by the major labels and music publishers for copyright infringement, and was sold to Universal Music Group after striking settlement deals that neared $200 million. CNET Networks, the publisher of News.com, now owns the MP3.com domain name and uses it for an unrelated business.

I asked Steve Jobs to put FairPlay onto Linux and he said "no." I mean, flat-out no.

Robertson's latest target is Apple Computer, whose iPod music player and iTunes software currently dominate the digital music world nearly as successfully as Microsoft controls the PC operating system and office software markets. In midsummer, he quietly launched a site called BadFruit, which beat Apple CEO Steve Jobs to putting links to podcasts into iTunes with a piece of software called BadApple.

The latest version of the BadApple software available on that site now allows people to use Apple's iTunes software to sync their music collections with non-Apple MP3 players. Robertson says he's pursuing the project--an offshoot of his MP3Tunes music store, which sells independent music in MP3 format without copy protection--in order to encourage the development of interoperability between different music platforms.

This may not be his top priority. After all, he's also running Linspire, which provides a Linux-based operating system, and the Gizmo Project, a Skype competitor that offers free Net calling.

But as history has shown, it's worth watching what Robertson is doing, whatever it is. There's usually something about to happen.

Q: The BadApple project is something you're managing, right?
Robertson: Yes.

What's the idea behind the project?
Robertson: Well, I think there is a battle going on right now between, you know, proprietary formats and open standards. On one side of the war, you've got big corporations like Microsoft and Apple coming out with their FairPlay or some other highly misleading description of their technology, trying to battle for a proprietary world. DRM (digital rights management) of course is the big cornerstone of that. I believe it's up to technologists and people like myself to pull the world in the other direction, which is open standards.

I asked Steve Jobs to put FairPlay onto Linux and he said "no." I mean, flat-out no. That's not a world I want. I want a world where people can choose any hardware device they want, any operating system, and not have to re-buy their music every time they get a new device. I think open standards are the key to that. What we were trying to do with BadApple is pull the world more towards an open direction.

You initially provided podcasting support for iTunes, and the software now allows you to sync music players that are not iPods with iTunes. Is BadApple an umbrella for various different things, or is what we see now the end goal?
Robertson: No, it's not the end goal at all. I mean, I think it's just an example. Why shouldn't you be able to use any player, and shop at any store, and get your content in any format? Those are features, those are capabilities that consumers should have.

This is not just a tiny hack that we threw together. The goal here is to open the world and to force these big guys to interoperate, which they don't want to do.

Are you looking at other software programs such as Windows Media Player as well, then? Or are you mostly focused specifically on Apple at this point?
Robertson: Well, you know, the BadApple plug-in is focused on the iTunes universe because that's the leader today. But I think if you broaden your perspective and you look at what Microsoft is trying to do with their "Plays for sure" campaign, it's no different. The only difference is they haven't had as much success as Apple.

But Microsoft is still trying to lock in every hardware device into only their system, and that's not right. That's not the way the world should work.

Have you had any contact with Apple over this, or have they contacted you?
Robertson: No, no contact.

You know, that's not a business--just selling music to open-source fanatics or Linux users.

You have a history of running up against the biggest people in the spaces you're in, and then winding up in courts. Do you have any fear of that this time?
Robertson: Well, if you are asking me, will Apple sue us, I hope not, because what we are doing is the right thing.

But you know what, when you tangle with the big guys, sometimes you end up in court. That's why it's imperative for the technologists and the people like myself. Now is the time to plant the flag and stand up. Don't wait five years to the point where they will be unmovable.

How has the MP3Tunes project been going?
Robertson: It's been going good. It's so much different than MP3.com, because at MP3.com I was the leader. We were the leader by any measure that you had. It's almost like starting over with MP3Tunes, where you're like, OK, how do we get relevant, how do we get into the game so that we can have an impact?

It's a very different place to be, and so what we are focusing on now at MP3Tunes is looking at the new horizon. Is it getting music to your

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MP3.com Inc., Linspire, open standard, Apple iTunes, Steve Jobs

Add a Comment (Log in or register) 66 comments (Showing first 20 comments)
Apple's iTunes DRM is Baaaaad!
by September 13, 2005 5:02 AM PDT
I've bought quite a bit of music from the iTunes Store that I can play on my iMac, but not on my PowerBook. The songs say they're registered on my book, then they ask me to 'register' again.

Even the "Genius Bar" people couldn't make it work.

This is BS!
Reply to this comment View all 5 replies
Apple's iTunes DRM is Baaaaad!
by September 13, 2005 5:02 AM PDT
I've bought quite a bit of music from the iTunes Store that I can play on my iMac, but not on my PowerBook. The songs say they're registered on my book, then they ask me to 'register' again.

Even the "Genius Bar" people couldn't make it work.

This is BS!
Reply to this comment View all 5 replies
Apple's iTunes DRM is Baaaaad!
by September 13, 2005 5:02 AM PDT
I've bought quite a bit of music from the iTunes Store that I can play on my iMac, but not on my PowerBook. The songs say they're registered on my book, then they ask me to 'register' again.

Even the "Genius Bar" people couldn't make it work.

This is BS!
Reply to this comment View all 5 replies
Dreamer
by shadowself September 13, 2005 7:36 AM PDT
A utopia where all "your" music is available to you on any device you are using at any time you want it may be the ultimate desire, but how would you ever implement it? Where would "your" music reside? How would it get distrbuted to the device you are currently using? How will any generic device authenticate that you are you? How will it know what is "your" music? These and many, many more technical questions need to be answered before any such ubiquitous system can even be seriously contemplated.

This will NOT happen in 3, 5 or even 10 years. Could it happen in 20-25 years? Maybe. However, there will need to be not only large technological advances, but also social and legal changes. Anyone who believes such a pervasive and easy to use system will be implemented within the next 10 years is dreaming. Wake up.
Reply to this comment View reply
Dreamer
by shadowself September 13, 2005 7:36 AM PDT
A utopia where all "your" music is available to you on any device you are using at any time you want it may be the ultimate desire, but how would you ever implement it? Where would "your" music reside? How would it get distrbuted to the device you are currently using? How will any generic device authenticate that you are you? How will it know what is "your" music? These and many, many more technical questions need to be answered before any such ubiquitous system can even be seriously contemplated.

This will NOT happen in 3, 5 or even 10 years. Could it happen in 20-25 years? Maybe. However, there will need to be not only large technological advances, but also social and legal changes. Anyone who believes such a pervasive and easy to use system will be implemented within the next 10 years is dreaming. Wake up.
Reply to this comment View reply
Robertson's inaccuracies
by September 13, 2005 10:51 AM PDT
Boy, News.com sure did gush over this guy. "Ultimately coming out ahead each time"? So, he came out ahead when he paid out $200 million in legal settlements? So he came out ahead now that his MP3.com domain is used by CNET for an "unrelated business"? So he came out ahead when he changed the name of his insignificant Linux distro to Linspire from Lindows?

Then he crows about the importance of "open"ness. Is that why his latest website uses MP3, a format that patented by Thomson? Why doesn't he use Ogg, a truly open standard?
Reply to this comment View all 2 replies
Robertson's inaccuracies
by September 13, 2005 10:51 AM PDT
Boy, News.com sure did gush over this guy. "Ultimately coming out ahead each time"? So, he came out ahead when he paid out $200 million in legal settlements? So he came out ahead now that his MP3.com domain is used by CNET for an "unrelated business"? So he came out ahead when he changed the name of his insignificant Linux distro to Linspire from Lindows?

Then he crows about the importance of "open"ness. Is that why his latest website uses MP3, a format that patented by Thomson? Why doesn't he use Ogg, a truly open standard?
Reply to this comment View all 2 replies
Robertson's inaccuracies
by September 13, 2005 10:51 AM PDT
Boy, News.com sure did gush over this guy. "Ultimately coming out ahead each time"? So, he came out ahead when he paid out $200 million in legal settlements? So he came out ahead now that his MP3.com domain is used by CNET for an "unrelated business"? So he came out ahead when he changed the name of his insignificant Linux distro to Linspire from Lindows?

Then he crows about the importance of "open"ness. Is that why his latest website uses MP3, a format that patented by Thomson? Why doesn't he use Ogg, a truly open standard?
Reply to this comment View all 2 replies
Last I heard, his software didn't work.
by M C September 13, 2005 11:43 AM PDT
Yet another in Cnet's series of "bash Apple, get page views" stories...
Reply to this comment View reply
Last I heard, his software didn't work.
by M C September 13, 2005 11:43 AM PDT
Yet another in Cnet's series of "bash Apple, get page views" stories...
Reply to this comment View reply
Last I heard, his software didn't work.
by M C September 13, 2005 11:43 AM PDT
Yet another in Cnet's series of "bash Apple, get page views" stories...
Reply to this comment View reply
U Guys Aught To Read Jobs' Interview of 12/3/03
by September 13, 2005 1:48 PM PDT
"we don't believe it's possible to protect digital content." S. P.
Jobs

I think Steve's doing an awsome job with what he's got. It's
better if people were to work with him to bring about this digital
revolution than busy themselves fighting against him. I know
geniuses don't always win, but here's an opportunity to make
great product available to the masses. At the moment, with the
exception of Jobs & Co., what technology you have available to
you is based on how persuasive or cunning the individual is in
selling it to you. Read that article...

-- The aim of technology is to be compelling. That is, to compel
a diffent point of view.

OD
Reply to this comment View reply
U Guys Aught To Read Jobs' Interview of 12/3/03
by September 13, 2005 1:48 PM PDT
"we don't believe it's possible to protect digital content." S. P.
Jobs

I think Steve's doing an awsome job with what he's got. It's
better if people were to work with him to bring about this digital
revolution than busy themselves fighting against him. I know
geniuses don't always win, but here's an opportunity to make
great product available to the masses. At the moment, with the
exception of Jobs & Co., what technology you have available to
you is based on how persuasive or cunning the individual is in
selling it to you. Read that article...

-- The aim of technology is to be compelling. That is, to compel
a diffent point of view.

OD
Reply to this comment View reply
U Guys Aught To Read Jobs' Interview of 12/3/03
by September 13, 2005 1:48 PM PDT
"we don't believe it's possible to protect digital content." S. P.
Jobs

I think Steve's doing an awsome job with what he's got. It's
better if people were to work with him to bring about this digital
revolution than busy themselves fighting against him. I know
geniuses don't always win, but here's an opportunity to make
great product available to the masses. At the moment, with the
exception of Jobs & Co., what technology you have available to
you is based on how persuasive or cunning the individual is in
selling it to you. Read that article...

-- The aim of technology is to be compelling. That is, to compel
a diffent point of view.

OD
Reply to this comment View reply
Dreamer
by shadowself April 27, 2008 10:00 PM PDT
A utopia where all "your" music is available to you on any device you are using at any time you want it may be the ultimate desire, but how would you ever implement it? Where would "your" music reside? How would it get distrbuted to the device you are currently using? How will any generic device authenticate that you are you? How will it know what is "your" music? These and many, many more technical questions need to be answered before any such ubiquitous system can even be seriously contemplated.

This will NOT happen in 3, 5 or even 10 years. Could it happen in 20-25 years? Maybe. However, there will need to be not only large technological advances, but also social and legal changes. Anyone who believes such a pervasive and easy to use system will be implemented within the next 10 years is dreaming. Wake up.
Reply to this comment View reply
 See all 66 Comments >>
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