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The Electronic Frontier Foundation speaks out against Microsoft's recent music moves

It appears that Microsoft’s decision to close MSN Music has rankled more than just customers: a new statement and letter (PDF) from the Electronic Frontier Foundation accuses Microsoft of betraying its music customers by abandoning its store’s DRM servers.

“This decision means that every customer that bought an mp3 from you—with the good faith expectation that despite the irritating DRM she would be able to continue to play the song on a variety of devices—faces losing music if she upgrades her PCs or her hard drive crashes after August 31, 2008,” wrote EFF Executive Director Shari Steel, in an open letter to Microsoft dated April 29.

Previously, Microsoft’s Rob Bennet suggested that customers who wanted to keep their music beyond the blackout’s August 31 date had to either preserve their computer’s functionality or export their purchased music to a CD and then re-rip the music back to mp3 files. This solution, as previously discussed, forces Microsoft customers to “invest more time, labor and money in order to continue to enjoy the music for which they have already paid.”

The EFF’s statement announcing the letter further elaborates: “The odd thing about this suggestion is that the more music you bought from Microsoft -- the more of a loyal customer you were -- the more time you are expected to spend sitting in front of your computer, burning discs and then re-importing them (degrading the sound quality in the process).”

In a previous interview with CNET, Bennett said that “no one ever foresaw being in this situation,” and expressed that the best long-term solution for people “who want to buy music from Microsoft” is to switch to Microsoft’s Zune platform.

Steele’s letter to Microsoft closes with a series of instructions that Microsoft “should immediately and publicly” follow if it wants to rectify the situation:

  • Issue a “full public apology” to MSN Music customers.
  • Offer its customers refunds, or, copies of their music in a DRM-free format.
  • Ensure that MSN Music customers have adequate access to purchase receipts.

Additionally, Steele wants the company to work with its industry partners to remove DRM in the future, and to make sure that MSN Music customers are made aware of the above steps by, at minimum, “advertising in major music magazines and newspapers in every major U.S. city, as well as targeted keyword advertising.”



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What did those customers expect?
By wordsworm on 4/29/2008 11:25:48 PM , Rating: 3
MS has got to be a prime example of customer service at its worst - it assumes no one cares about money. They're billionaires, so what's the big deal about having to buy 99 cent songs again? They just don't understand, and quite possibly they snub the people who make regular salaries and are struggling to make their 401k happen. If you're not at least a millionaire who doesn't mind spending $59 per hour to talk to their customer service, then you're beneath their contempt.




RE: What did those customers expect?
By mondo1234 on 4/30/2008 12:24:56 AM , Rating: 2
This is one of the reasons why I didn't buy a Zune. MS chose this course. How hard is it to make things compatible?


RE: What did those customers expect?
By theapparition on 4/30/2008 1:19:06 PM , Rating: 2
Thanks for the mis-information. This has absolutely nothing to do with the Zune. Music from the Zune marketplace is not affected.

Still, I hold the motto that anyone who buys DRM'd music is a complete moron. Yes, you may save a few dollars here and there, but think long term, and you'll quickly see how short sighted that decision is.


By MrBlastman on 4/30/2008 3:52:47 PM , Rating: 2
You partially have the solution correct...

The real solution is to not buy any music at all that has:

a. DRM
b. affiliated with the RIAA in any form

Only then will you truely be free of any problems.


By mondo1234 on 5/1/2008 11:38:31 AM , Rating: 2
quote:
This has absolutely nothing to do with the Zune. Music from the Zune marketplace is not affected.


Its the same company that makes the Zune that pulled the plug on millions of users. Company history is everything when buying a new product. Why would I want to invest in a product that the same may happen to me? MS could have made it compatible, but chose not to. If I bought the music, MS should give me the keys or allow me to download the same tracks from the Marketplace.


RE: What did those customers expect?
By InternetGeek on 4/30/2008 2:26:44 AM , Rating: 2
Have you guys considered the possibility that it is RIAA and not MS the one that limits porting your content from MSN Music to another service? There was mention in some articles that they consider stealing whenever you copy a file... even if its for a backup copy.


RE: What did those customers expect?
By psychobriggsy on 4/30/2008 6:37:59 AM , Rating: 3
I'm sure it was the RIAA that imposed DRM, although I bet Microsoft at the time loved the idea of using their DRM libraries and trusted computing and all that.

It was Microsoft who decided to close down their service, screwing all of their customers who won't be able to reauthorise their music after the date they shut down.

When I buy music, I expect to have it for a very long time, and not need to repurchase it unless I destroy it myself, or desire a higher quality version (which would be a rare occurrance). I also expect that I can listen to it within my house and within my car without limitation, and also on my person.


RE: What did those customers expect?
By Gul Westfale on 4/30/2008 8:05:57 AM , Rating: 2
why didn't MS just rename their store into "zune store", or why didn't they make the zune compatible with the existing store? this seems incredibly shortsighted of MS, as if they hadn't known that they would be making an MP3 player with a new music store when they launched MSN music. and now the customers are getting screwed because one branch of MS didn't know what another one was doing... not exactly a great move for building customer confidence.


RE: What did those customers expect?
By Moishe on 4/30/2008 10:01:59 AM , Rating: 2
Personally I think that the DRM and other technologies are not compatible for reasons like:
1.) If you crack pre-zune DRM and the Zune DRM is backward compatible then you've cracked Zune as well
2.) Maybe the pre-zune DRM was just poorly designed and not upgradable so they chose to make a completely new (better) scheme.

These are valid reasons to not preserve backward compatibility and I don't feel that MS did that wrong. When MS preserves tons of BC people whine because it causes bloat, etc. When MS loses some BC, people whine because they can't run their DOS program in Vista 64. It's a no win for them.

*THAT BEING SAID*...
MS can have multiple DRM schemes without screwing customers and I feel like it's their obligation to support the old schemes. They need to keep the DRM authentication servers running until the number of authentication requests drops to a reasonable number (eventually someone will get screwed, but it should be only the idiots who are still expecting the DRM to fully function 15 years later).

The problem is, music distribution is changing for the good of the consumer (mostly) and with that changes comes a little negative. We lose resaleability because there is no physical media to sell and if we buy DRM we will eventually lose the ability to play the music.

Eventually MS should be able to get rid of the DRM support... but it should be a LONG, long time.


By wordsworm on 4/30/2008 9:07:11 PM , Rating: 2
quote:
Eventually MS should be able to get rid of the DRM support... but it should be a LONG, long time.


I don't agree at all. If on the sales slip of the songs they'd included a disclaimer - "The DRM song(s) you have purchased may or may not be supported." or, with a given date showing the limits. Otherwise, I think it must be assumed that the rights are retained by the purchaser indefinitely.


RE: What did those customers expect?
By Moishe on 4/30/2008 10:03:30 AM , Rating: 2
and BTW, this is why I only buy non-DRM mp3s. I am paying less per CD to have a non-resellable album, but at least I personally will own that album as long as there is a device that will play mp3s


RE: What did those customers expect?
By Oregonian2 on 4/30/2008 12:48:55 PM , Rating: 2
Clock is ticking for the XP activation servers that when shut down will put all those who still have XP on their machines in the same boat.


By mondo1234 on 5/1/2008 11:40:50 AM , Rating: 2
If you are taking my license, then refund my money!


RE: What did those customers expect?
By Locutus465 on 4/30/2008 9:51:13 AM , Rating: 2
Microsoft isn't the only company to do this, MTV did something similar with Urge... The solution in that case was either install Raphsody or your music stops working. I only had a small number of purchases so I just ditched urge all together and switched to Zune so I could keep my monthly plan.

Ironically I own an iPod but I dislike iTunes, hate the fact that there's no clear/obviouse way to redownload music you purchased with your acct and like having a subscription plan enough that I would be hesitant to use a music service that doesn't offer one.


By TomCorelis (blog) on 4/30/2008 3:14:41 PM , Rating: 2
Sony did it with CONNECT as well.


By Drexial on 4/30/2008 8:35:53 AM , Rating: 2
Copy music... you mean like this

"had to either preserve their computer’s functionality or export their purchased music to a CD and then re-rip the music back to mp3 files."


RE: What did those customers expect?
By masa77 on 4/30/2008 10:55:09 AM , Rating: 2
Welcome to the world of monopolies. Hehe.... =P


No forsight, are you kidding me?
By the goat on 4/30/2008 9:01:22 AM , Rating: 2
quote:
Bennett said that “no one ever foresaw being in this situation"


Guess what I foresaw this situation. That is the reason I have never purchased any on-line DRM protected media . Actually I foresaw a company (and their DRM servers) going out of business. Leaving their customers stranded. But in this case the company (microsoft) is simply turning off the DRM servers to save money. That is simply outrageous.

They should offer full cash refunds (not credit on Zune store etc.) or give away a free program that strips the DRM from the media files.

But I also feel that the customers who supported DRM protected media are getting what they deserve. You make a bad choice you should live with the consequences. If somebody bales you out when you make a bad choice then there is no personal responsibility any more.




RE: No forsight, are you kidding me?
By Reclaimer77 on 4/30/2008 10:34:17 AM , Rating: 2
I agree. I can't help but think " booo hooo" when reading this article. I realize its a chance for MS haters to raise their pitchforks into the air, once again, but it really doesn't seem like that big of a deal to me. Of course, I'm not an idiot and didn't purchase any DRM music. Come to think of it, I don't purchase any music.

You can't blame MS for doing this. They are a business and they are expected to make money. Its not evil kids, its life. Ms has shareholders too, you realize ? If the DRM division was bleeding cash, you pull the plug.

Now plz rate me down into oblivion, I'm apathetic and don't have an extreme ranting opinion on this either way, therefore I'm not to be trusted.


RE: No forsight, are you kidding me?
By RogueLegend on 4/30/2008 11:52:30 AM , Rating: 2
That's like saying "you can't blame the murderer for killing you, he's a murderer." I'm not saying you're wrong for saying MS is out to make money (any and every company is, including Apple). The problem with this scenario is that it's not like people bought from an unknown retailer or some start up that never had a chance of making it. This is Microsoft- even if you can't expect the best customer support, you should at least have the expectation that you will be able to play a song you paid for in the future.

Now, I only feel bad for the average user who doens't know any better. Anyone semi-technical that understands how DRM works should have questioned at some point- what happens when I'm unable to activate my media instead of submitting to the will of Apple's or Microsoft's DRM centric view. It was the first question I asked.


By Reclaimer77 on 4/30/2008 12:09:20 PM , Rating: 2
No. But if you know someone is a murderer then inviting him over for dinner and to spend the night might not be the smartest thing. See ?

This stuff just happens. What about people who bought Toshiba's HD DVD hardware ? Now they are stuck with a dead technology. I don't see articles from people demanding Toshiba refund them for their dvd players and movies.

Not an exact analogy, because you still can use your players, but same concept.

There just isn't enough info in this article for me to condemn MS, even if I wanted to.


No Excuse
By The Jedi on 4/30/2008 11:04:39 AM , Rating: 1
With VIRTUAL SERVER there really is no excuse to take down 'the DRM server' and strand customers.




RE: No Excuse
By RogueLegend on 4/30/2008 11:56:37 AM , Rating: 2
It's a service running on a Microsoft OS- it WILL require regular maintinence. You never know when an OS update will disable permissions that a program based on .NET needs to run.


RE: No Excuse
By The Jedi on 5/1/2008 3:47:46 PM , Rating: 2
I only reply because some idjit downrated me. Microsoft is the largest software company in the world. It's entirely possible to run the DRM server indefinitely. 100% uptime? With a backup/failover server, sure absolutely. Someone in that department isn't doing their job.


Bummer, but...
By Polynikes on 4/29/08, Rating: 0
RE: Bummer, but...
By kuk on 4/29/2008 11:54:04 PM , Rating: 2
Backing up is irrelevant. After this date, the user won't be able to play music on other devices, such as a new computer. MS is pulling the plug on MSN Music authentication server.


RE: Bummer, but...
By kuk on 4/29/2008 11:56:22 PM , Rating: 2
PS: Of course, I'm implying playing the original DRM-ed file on a new device. The user can choose to burn to a CD and re-encode, but that'll introduce degradation.


Microsoft may do the same for XP customers
By jeromekwok on 4/30/2008 2:19:25 AM , Rating: 2
Microsoft may turn off activation and WGA servers for XP, and force unfortunate XP customers to buy Vista. Not a small chance you need to a reinstall Windows from time to time, hit by malware or virus. Check your EULA.




By bohhad on 4/30/2008 7:48:41 PM , Rating: 2
i dont think it's a case of "may shut down the XP servers," they will shut them down. MS supports a particular OS for five years after they cut off retail sales, IIRC


By Bruce 1337 on 4/30/2008 8:29:39 AM , Rating: 2
MS should offer free replacements with Zune versions of the same songs.

Even if the EULA says people only buy the right to listen to music and it can be revoked at any time... that concept doesn't sit well with consumers. MS needs to make a reasonable attempt at allowing people to continue using what they paid for.

Plus they'll get some Zune converts out of the mess, which is good for business.




Best Solution
By fic2 on 4/30/2008 12:56:00 PM , Rating: 2
quote:
best long-term solution for people

is to "pirate" the music that they bought from MS. And never buy DRM infected music again.




the downside of DRM appears
By Screwballl on 4/30/2008 1:12:31 PM , Rating: 2
this si why DRM sucks in any form... if the reporting site or connection goes down or out of business... your legally purchased media through fair-use laws becomes useless...

but this is Microsoft and their business model: get customer's money and only fix something under pressure




By EricMartello on 4/30/2008 11:25:05 PM , Rating: 2
Frostwire + Broadband = Free Music / No DRM

...YARRRRR! Srsly.




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