OK, that makes more sense. When you stated above about Apple’s “monopoly on iTunes compatibility” and Apple’s “exclusive rights over the iTunes format” it sounded like you were saying the iTunes DRM system and interop protocols themsevles are the monopoly.

Wait, so why hasn’t anyone revived MP3.com now that there’s more certainty in the legal environment…

MP3.com was a good business idea brought down by bad law and a bad judge.

Tim, you use monopoly to describe any situation where IP protects against access. The more proper usage would be to cite monopoly over a market (music downloads for instance), not over a set of code, functionality or interface (Apple’s iTunes).

The language of IP is ambiguous I grant you that. But just as you understand the nuance in the term “property” when talking about IP, there’s similar nuance with the term “monopoly.”

MP3.com sounds like a good business idea, run into the ground by bad businessmen. Companies struggle all over the world everyday, some sink, go through lull periods, some succeed but only a few go on to dominate their market. Good job Apple!

I don’t understand why you have such a problem with the term monopoly. Apple’s exclusive rights over the iTunes format fits the dictionary definition of monopoly.

I’m not familiar with the history of MP3.com, but I will say, based on your description, that perhaps MP3.com should have hired more negotiation lawyers.

The whole point is that you shouldn’t need to hire an army of “negotiation lawyers” to launch a new media product. Sony didn’t need “negotiation lawyers” to get permission to invent the VCR. Diamond didn’t need “negotiation lawyers” to invent the MP3 player. Nor should MP3.com have needed the music industry’s permission to create a web site that lets users listen to their own legally-purchased music via the Internet. Copyright holders have a right to be compensated for their works, but they shouldn’t have a veto over what consumers do with their content (aside from making copies) once it’s been sold.

And as I said, Doug’s comments are exactly right.

never mentioning that Apple’s monopoly on iTunes compatibility is driven by the DMCA rather than market forces.

Hmmm. Setting the term monopoly aside, Barnett’s argument is that users buy from Apple at their own free will, so aren’t users acting at their free will an indication of market forces?

* “problem” wasn’t that it was difficult to an build online music store users would like. The problem was that the labels had to be dragged, kicking and screaming*

Barnett does not suggest it was “technologically” difficult to build online music systems. It was getting all the parties together (labels, consumers) to build a market. Like them or not, the labels are part of the market. You have to give them incentive too. In any case, I don’t think you and Barnett disagree here, only that he sympathizes with the labels’ hesitancy.

But the bigger problem with his history is that there’s no mention of MP3.com.

I’m not familiar with the history of MP3.com, but I will say, based on your description, that perhaps MP3.com should have hired more negotiation lawyers. Had they, they might be in Apple’s position today.

Apple shouldn’t have to lift a finger to interoperate with competitors. Their competitors should do the work, using the old-fashioned technique of reverse engineering.

Tim, whats your position on this statement from Doug.

Doug: I agree completely!

In general, whenever someone starts talking about “intellectual property” in a given context, it’s a good idea to ask them to be more specific.

Almost as an aside, while I found Barnetts speech very slippery and disagreeable, I agree that the European regulators are heading down the wrong path when considering regulation that will require Apple to be more “open” with FairPlay. Apple shouldn’t have to lift a finger to interoperate with competitors. Their competitors should do the work, using the old-fashioned technique of reverse engineering. All the regulators should do is get bad laws (DMCA anti-circumvention provision) out of the way.

Just switch products!!!!