Apple calls RealNetworks a 'hacker'
Decries effort to have Harmony songs play on iPods
 By Rex Crum, CBS.MarketWatch.com
Last Update: 7:23 PM ET July 29, 2004  


SAN FRANCISCO (CBS.MW) -- Apple Computer said Thursday that it is
investigating technology that allows songs purchased from RealNetworks'
music store to play on Apple's iPod music players, comparing Real's
actions to those of a computer hacker.
Apple (AAPL: news, chart, profile) made the comments in a statement
Thursday in response to RealNetworks' announcement earlier this week
regarding its Harmony technology. Real says Harmony will allow consumers
to securely transfer songs bought on Real's music store to the iPod and
other music players. 
"We are stunned that RealNetworks has adopted the tactics and ethics of a
hacker to break into the iPod, and we are investigating the implications
of their actions," Cupertino, Calif.-based Apple said, adding that it
would look into whether its rival had violated any laws with Harmony.
Real (RNWK: news, chart, profile) answered Apple's charges with a
statement of its own Thursday afternoon. "Consumers, and not Apple,
should be the ones choosing what music goes on their iPod," it said.
Seattle-based Real denied Apple's claims that it hacked into the iPod's
source code to develop its Harmony technology. 
Real added Harmony "follows in a well-established tradition of fully
legal, independently developed paths to achieve [technological]
compatibility," and cited Compaq Computer's development of its
IBM-compatible personal computers as precedent for its actions.
Apple shares rose 37 cents to close at $32.64 Thursday, while
RealNetworks fell 1 cent to $5.57.
Dustup in digital domain
The disagreement could set the stage for a high-profile battle over
digital intellectual property, and the reach of the 1998 Digital
Millennium Copyright Act. That piece of legislation was designed to
update and expand the nation's copyright laws to better cover digital
property.
With millions of dollars invested in its iPod product line and iTunes
music store, Apple believes Real's actions circumvent the DMCA and the
protections it provides to the developers of digital technology. Not
surprisingly, Real contends that it has done nothing wrong because,
according to Real's statement, "the DMCA explicitly allows the creation
of interoperable software" such as Harmony.
"The question is, 'Can they [Real] do this without a fair-play license?'"
said Mike McGuire, research director at Gartner G2. "Apple will say
nobody asked us about it."
Apple has sold about 4 million iPods since introducing the product in
late 2001, and it has sold more than 100 million songs off iTunes in a
little more than a year. Because of its dominant position in the legally
downloadable music market, Apple has become a frequent target of other
technology companies trying to gain a foothold in the business.
The computer maker cautioned future Harmony users from getting too
excited about Real's new technology, saying that Harmony would likely not
work with future updates to the iPod.
In addition to Real's own efforts, Sony (SNE: news, chart, profile)
unveiled its digital Walkman music player in early July; Dell (DELL:
news, chart, profile) and Gateway (GTW: news, chart, profile) have
similar products on the market.
Apple has taken its own strides to expand its market lead and fend off
competitors. Earlier this week, Motorola (MOT: news, chart, profile) said
that beginning next year, it would make Apple's iTunes the default music
service on its next-generation line of mobile phones. And in September,
Hewlett-Packard (HPQ: news, chart, profile) will roll out its so-called
hPod, a digital music player that runs on Apple's iPod technology.
Apple's partnership with Motorola could make Apple "the Microsoft of
music" and could turn the iPod into "the de facto standard in digital
music," Merrill Lynch analyst Steven Milunovich said this week in a
research note. 
Milunovich currently holds a "buy" rating on Apple's stock.

Jeff Slyn, Owner
SLYN Systems & Peripherals
(502) 426-5469
serving Kentuckiana clients 7 days a week since 1985!
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