Newsmaker: Breaking through Apple's FairPlay

DVD Jon is at it again. But this time, he's in it for the money.

Jon Johansen, the 20-something hacker widely known for helping crack the piracy protections on DVDs several years ago, is taking on Apple Computer again. He has reverse-engineered Apple's FairPlay, the digital rights management technology used to make iPod and iTunes a closed system.

As reported earlier, the Norwegian has started DoubleTwist Ventures to license his work. The technology will make other online music stores work with Apple's iPod device and let iTunes songs play on gadgets other than the iPod, said Monique Farantzos, Johansen's business associate and DoubleTwist co-founder.

The current situation is unsustainable.

Farantzos said she made contact with Johansen after reading a profile of him in The Wall Street Journal. The pair sees a business in making digital media interoperable. They started working on this in the spring and are now talking publicly about it. The first customer has signed on, though its name is not being disclosed.

If successful, DoubleTwist could break through the wall Apple has built around its music business. Farantzos, a biophysicist by training but now into technology business development, talked about the company's plans and challenges with CNET News.com. (Farantzos photo courtesy of J.D. Lasica.)

Q: What is it the company doing?
Farantzos: We have two components in the business. One is to enable other online stores to wrap their content with FairPlay so that it works on the iPod. Major labels and studios do not release their content unprotected. If you want to offer DRM protected content and you want it to play on the iPod, you have to use FairPlay. So we have developed a method for making content compatible with the iPod.

We also plan to allow competing devices play iTunes content. When you buy a DVD, you know that the DVD will play on your Toshiba or Sony or Philips player, but when you buy music or video online, you don't have that. It is kind of like the zoo: Every animal is singing a different tune. We hope to make sense of that, and we have developed a technology to enable that.

And this is technology developed by Jon.
Farantzos: It is based on Jon's work.

And this technology isn't something that Apple can easily shut the door on, as they've done in the past with RealNetworks' Harmony? Will we see update after update to keep it working?
We have our own way to make sure it works and keeps on working. An important element is that the user will not need to do anything on their part. We have technology that basically guarantees that it works for them. User-friendliness--we thought that through extensively.

What if Apple finds out how this works and updates its technology to block your hack? Or do you not think this can happen?
It is not as easy as it sounds. They have sold 1.5 billion songs and there has to be some level of backward compatibility, otherwise it is going to be very painful for their users. We are confident that what we have works and will keep on working.

Can you give me an example of how your technology works? Say I'm a maker of media players, and I would like my device to be able to play iTunes content?
You would license some code that you would embed in your device and then there would be an application that would be installed on the computer that the device is syncing with. Essentially, what we do is trick iTunes into thinking that the device is an iPod.

Is your technology ready to be licensed and used, or is it still in development?
Some parts of it are ready, and there are still things we're improving upon. Online stores offering content for the iPod--that is going to come first. What they would do is just add another button on their site that says: "Click here to download this to your iPod." Sure, the iPod supports MP3s, but that is kind of a moot point because I cannot buy a major band in MP3 format, almost nobody offers unprotected content.

Being able to play iTunes songs on other media players, that needs more time to develop. Any idea when that might be done?
Yes, we're still working on that. I can't give a timeframe.

Next year sometime, or even before the end of the year?
Well, we joke that Steve Jobs will not send us a Christmas card this year. I am sure some people at Apple are upset about losing their monopoly.

Do you think you can get away with this?
We have consulted extensively with attorneys. Wrapping content with FairPlay is definitely within the limits of the law. We're not removing any copy protection, we're simply adding copy protection.

Over the next few months, on the hardware side, you're going to see interoperability become more and more of an issue, and there may even be some antitrust concerns that come up. I think we're in pretty good shape.

Are you betting that antitrust concerns will come up and that you will be the first to offer the remedy?
We're kind of in the first wave, yes. The current situation is unsustainable. Now Microsoft is coming out with their own closed system, and I even read something about Real coming with their own closed system with another manufacturer.

It is the law of the jungle out there. Things have to start working. The devices and music have to start working with each other; otherwise, consumers will probably end up buying pirated or unprotected content to solve their problem if we don't solve it for them.

You haven't heard anything from Apple yet?
What would they say? It would be premature for Apple to do anything anyway. We have not heard from Apple at all. (Apple declined to comment.)

Your company is DoubleTwist Ventures. Is it backed by any venture investors?
There are some individuals supporting it. We've been in a unique situation as a start-up, because we've been profitable since Day One. We have encountered overwhelming interest for our products.  

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Add a Comment (Log in or register) 59 comments (Page 1 of 3)
They're circumventing legal protections
by technewsjunkie October 25, 2006 11:26 AM PDT
Can't do that.
Reply to this comment View reply
Ahhh yeaaaaaaaaaa.....
by Musica360.com October 25, 2006 11:35 AM PDT
Why do all these articles act like this is the thing that puts itunes/ipods in the grave. 1. It probably won't affect ipod sales at all. If anything it will probably strengthen them. 2. It might hurt itunes, but Apple doesn't make money on itunes and as Cnet reported... most the majority of ipod owners download very little from iTunes.
Reply to this comment View all 2 replies
Who's going to buy this technology?
by rcrusoe October 25, 2006 12:04 PM PDT
Jon is the man when it comes to encryption, no doubt about it. However, IMO, this technology falls into a very gray area that will almost definitely result in Jon vs Apple in court. How the court will rule will likely not be as important as how long it will take to resolve the issue. What company would risk setting up a business model based on Jon's software when it is very likely that Apple could get a restraining order to halt its use, then spend as much time and money as necessary to win the case? Or, if it drags on for a long time, starve out anyone who licensed Jon's software. Bottom line. I don't see this ever becoming a viable commercial product.
Reply to this comment View all 3 replies
shaky legal ground ... ?
by jscott October 25, 2006 12:49 PM PDT
I'm no lawyer, but it seems kind of naive to think that anyone can wrap Apple's proprietary FairPlay DRM around files without needing to pay Apple royalties. This isn't just about the DMCA's provisions that prevent tampering with copy protection. If Apple continues to choose to not license FairPlay, that's its call and other music stores can't legally use it. And unless my understanding of the DMCA is wrong, it also has provisions to prevent reverse-engineering copy-protection, so DoubleTwist can't just create a FairPlay "clone". As for tricking MP3 players into responding as iPods ... it sounds like they're banking on making MP3 players pretending to be old iPods (which Apple can't really abandon easily). That's pretty clever. But, it too, could be a perilous activity. MP3 player manufacturers would have to knowingly embed Apple ID info (which I suspect is trademarked, copyrighted and/or patented). Again, seems like an easy case for Apple to win ... and not anything a reputable manufacturer would dare do. Putting on my Devil's Advocate hat ... I don't see a ton of downside for Apple if other music stores could sell songs for playback on iPods. True, it diminishes iTunes' dominance, but it would help sell more iPods. Of course, if Apple were to license FairPlay so others' players could decode it, Apple could stand to make a good bundle of cash on licensing fees. And it would further cement Apple in the digital entertainment industry with FairPlay as THE DRM standard. But we all know MS would never license it, so that'll never happen. Still, this is an interesting plot twist. It'll be fun to watch what happens.
Reply to this comment View all 2 replies
What if Apple comes out with FairPlay II ???
by DougDbug October 25, 2006 1:37 PM PDT
Apple controls the iTunes service and the software. All they have to do is start using a new encryption/DRM scheme. This is easy when you control the entire "chain". (It would impossible to update the CSS system used on DVDs.) Any iTunes downloaded after a given date will require you to update your software and possibly your iPod's firmware. (Of course, the DoubleTwist software will work with your old iTunes.) Plus Apple will sue DoubleTwist... who knows if they will win... But, Apple has a bigger legal budget than DoubleTwist.
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Duck for Flying Apple's
by kyle172 October 25, 2006 1:48 PM PDT
You think that Apple let alone is going to let anyone get away with this. Then someone trying to profit from it. I wish you luck
Reply to this comment
This development is not commendable
by mwendy October 25, 2006 1:48 PM PDT
I don't think this anti-IPR development benefits consumers. Who's going to want to come to the table and develop the products we demand when IPR schemes can willy-nilly be defeated, all in the name of interoperability (which is a smokescreen anyway)? Answer - fewer and fewer people. The question is balance and marketplace dynamic. If people aren't satisfied with iTunes and their offerings, go elsewhere. Rip all your CDs and purchase your music from someone else. But iTunes should be allowed to develop the product with the protections they see fit. No one forced you to buy their product - and they ain't the only player in town.
Reply to this comment
only a moron would license this technology
by df561 October 25, 2006 1:58 PM PDT
sending your customers in between the iTunes+iPod brand will most certainly result in them switching to Apple's productions. What moron would want their device syncing to the iTunes store where Apple effectively promotes iPods time and time again?
Reply to this comment View reply
haha
by davecramer74 October 25, 2006 2:28 PM PDT
nice work. I rip my own cd's use strictly mp3's on the miniipod, so its a non issue for me. But people who use these online services, they just might have something here.
Reply to this comment
Why will i NEVER buy music with iTunes..?
by imacpwr October 25, 2006 2:45 PM PDT
Very simple, digital rights management technology.. As long as iTunes (or anybody else for that matter) insists on controlling what I do with the music I buy online I will NEVER purchase music online. I feel that I bought the music for my own "personal" use and if I want to load it on every device in my home that's my right to do so. I'm not a pirate, I'm not sharing the music with anyone, I just want to load in on my computer to listen to it there or on my iPod to take the music on the go or burn it to a cd so i can play it in my car. If the music industry wants to take that right away from me then I'm more than happy to keep my money.. and they wonder why music sales are down, it's their own fault.
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