Bob Dylan, iTunes, and the DRM Monster

Cory and I will probably always disagree on this issue because he is taking an absolute position. Truth be told we are generally both on the same side, which is that DRM isn't that awesome for consumers. Cory typically takes the stance that DRM is bad. Period. End of discussion. We can stop talking now. It's a stand on principle and it's not a bad stand.

I'm just not as good at taking such rigorous stands on topics that I generally file under "entertainment." Now, Cory would rightly argue that his stance on DRM goes way beyond entertainment. He has the vision to not only see that but to take the stance. DRM is bad. Period. End of discussion.

In trying to persuade others to draw that same line in the sand he will often make an example out of iTunes. People generally don't see iTunes as a big, bad DRM monster. Cory can point out all the ways DRM in iTunes screws you, the consumer, over. Cory can try and move iTunes off the middle-ground and onto the "DRM is bad" side of the line. The end game being if enough people draw that line and put iTunes on the other side they will stop buying products with DRM from Apple. Apple will be forced to go to the content owners and beg them to be able to see the content with no DRM. The bells will ring, a new day will dawn and consumers will be free once again.

To me the iTunes issue is a bit fuzzier. Apple is the one selling the products with DRM...but they are not selling their own content. They are a middle man who got a license with certain terms. I'd be willing to bet that the first condition is "You slap some DRM on that crap before you push it out to the suckers our valued consumers." Now the argument becomes that Apple must fight for Cory's stance and try to sell DRM-free products by getting a different license from the content owners.

"Yeah, uh...we'd like to sell these tracks with no DRM because it's bad for consumers. Please? Pretty please? We know that you don't really care about these people and just want to extract every last dime of their expendable income, but they would really like to get music they don't have to buy multiple times and all that. Why are you laughing?"

Even that issue gets fuzzy because most people would point out, rightly, that Apple likes the DRM because it keeps people from using non-Apple hardware, and hardware (read: iPods) is where they are making a ton of money. Point conceded. (Disclosure: I own a small chunk of AAPL so I understand this point quite well)

So, now we get to the Bob Dylan issue which was Cory's latest volley. The crux of the issue was that 4 tracks from the iTunes store came as video files which cannot be converted (read: stripped of DRM) with the "burn and re-rip" trick. Cory mentioned that the CD, which is DRM-free, came with all the tracks and a bonus DVD with the videos. You see, you could rip the entire CD and get all the tracks with no DRM. Screw the man!

But today we learn that Amazon's listing was incorrect. Cory even says this is an important error. But what is so important about it? Well, the videos which are essentially 4 tracks of the album) are only on the DVD. The DVD is protected by DRM (the awesomely unbeatable CSS). No matter what store you go to, you get screwed with DRM. Now any place you can buy the CD is almost as bad as iTunes. The CD is still better because you can still rip the audio tracks to pristine DRM-free tracks that you can play on any device that your little heart desires.

Again, it's not like this error destroys Cory's argument against iTunes. He still has a line in the sand which says "DRM BAD!" so it doesn't really change much from his perspective on iTunes except that the people who sell plastic discs with bits encoded on them are doing things that are worse for consumers. Ironic considering these are the people they depend on for money...

I think it's a risky strategy on Cory's side. This was a failed attack in the war to push iTunes off the middle-ground. To some people this may strengthen the idea that iTunes is an acceptable middle-ground. It's very hard to sell absolute positions to the masses. Hell, I understand his position quite well and I still buy tunes and TV shows from the iTunes store.