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EFF Wonders About Digital Music Rights
David Utter
Staff Writer
2008-05-06
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The disclosure by Microsoft that they will disable license servers and eliminate the ability for MSN Music customers to listen to music purchased from the service on new computers drove the Electronic Frontier Foundation to cry foul.
 | | EFF Wonders About Digital Music Rights |  |
A replacement hard drive or new computer purchase for an MSN Music user means the end of their songs from that service after August 31, 2008. Microsoft wants to nudge those holdouts to the Zune Marketplace, as MSN Music dropped off the Net two years ago.
The EFF complained about the situation, citing how the music industry's demands for DRM protection in songs ultimately meant fewer rights for music fans. They asked Microsoft to reconsider, an option that looks unlikely to happen.
EFF Civil Liberties Director Jennifer Granick wrote a followup piece to the situation, which she called a "debacle" for MSN Music customers. In that piece, she pointed out the dangers of End User License Agreements (EULAs) and how they unduly limit consumers:
MSN Music's EULA is a case in point. When active, MSN Music's webpage touted that customers could "choose their device and know its going to work".
But when customers went to purchase songs, they were shown legalese that stated the download service and the content provided were sold without warrantee. In other words, Microsoft doesn't promise you that the service or the music will work, or that you will always have access to music you bought. The flashy advertising promised your music, your way, but the fine print said, our way or the highway.
Microsoft isn't alone. Many other DRMed music services also make false promises to customers including Apple iTunes, RealNetworks and Napster 2.0.
Her assessment of EULAs and the courts is not an optimistic one for consumers. "Unfortunately, courts have generally tended to enforce even the more onerous EULAs, such as those that limit fair use rights," she said.
The ultimate irony comes with the changes taking place for major music labels these days. On sites like iTunes and Amazon, one can purchase and download music without any DRM in place. MSN Music customers could not have predicted this in 2006, but it appears that without a big court fight or a change of heart at Microsoft, the license server shutdown will proceed as scheduled.
View All Articles by David Utter
About the Author:
David Utter is a business and technology writer for SecurityProNews and WebProNews.
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