Here we'll explore the nexus of legal rulings, Capitol Hill
policy-making, technical standards development, and technological
innovation that creates -- and will recreate -- the networked world as we
know it. Among the topics we'll touch on: intellectual property
conflicts, technical architecture and innovation, the evolution of
copyright, private vs. public interests in Net policy-making, lobbying
and the law, and more.
Disclaimer: the opinions expressed in this weblog are those of the authors and not of their respective institutions.
Unlike some of Jon's other code ventures, this one sounds like a legitimate case of reverse engineering with obvious business models. Like those who crack proprietary codes for things like printer cartridges, Jon's crack doesn't directly remove Apple's DRM, but it does permit competitors to enter a market that had been technology-locked.
It will be trivial, of course, for Apple to change its codes and push a download out to iPod users any time they connect to iTunes or other networked Apple service. This change could re-establish Apple's monopoly. However, if Apple does so, what's to stop a rival music provider from suing for unfair restraint of trade? It seems to me that the printer-cartridge analogy is pretty strong and would give at least a skeleton of a legal case.
According to the Ars Technica blurb, Johansen and his new company will argue that the enabling of competition is protected by the interoperablity clause in the DMCA. This is a very different story than an effort to make iTunes music available on other players, wihch might be viewed as impermissible removal of DRM software.