Eddy Cue Speaks on Apple's DRM Policies in iPod Antitrust Lawsuit

eddycue.jpgIn an ongoing class action lawsuit that alleges Apple deliberately crippled competing music services by locking iPods and iTunes music to its own ecosystem, Apple iTunes chief Eddy Cue today testified on Apple's Digital Rights Management (DRM) policies.

In the early days of iTunes and the iPod, all iTunes music purchases were encoded with Apple's FairPlay DRM, preventing music bought via iTunes from being played on music players other than the iPod. In the two-pronged antitrust lawsuit that covers both iTunes music being restricted to the iPod and iPods being unable to play content from third-party services, Apple's use of restrictive DRM is one of the major complaints against the company.

According to Eddy Cue, in testimony shared by The Verge, Apple was against DRM but was forced to implement it in order to secure deals with record labels. FairPlay, developed by Apple, was not licensed to other companies to allow competing music services to play iTunes music because Apple "couldn't find a way to do that and have it work reliably."

As issue, Cue said, were things like interoperability with the growing multitude of MP3 players. New devices from other companies would come out, and might not work with that system. "Others tried to do this, and it failed miserably," Cue said. "One of those was Microsoft." Cue also noted that when Apple first floated the idea of the iTunes Store to record labels, that they rebuked the idea because they had their own stores with DRM systems that could be different from song to song, and from device to device.

With its FairPlay DRM, Apple essentially prevented iTunes music from being played on competing music players and it also kept competing music services, like RealNetworks, from selling music that could circumvent iTunes and play on the iPod by disallowing RealNetworks' attempts to reverse engineer FairPlay.

As revealed yesterday, Apple also quietly deleted music downloaded from rival services by directing iPod owners to restore their devices to factory settings. According to Cue, allowing third-party music services to work with the iPod "wouldn't work," causing the integration between iTunes and iPod to fail. "There's no way for us to have done that and had the success we had," he said.

In addition to arguing that its DRM was required for deals with record companies, Apple is also positioning its efforts to lock down iTunes and the iPod as a measure to protect consumers from hackers and malicious content. "If a hack happened, we had to remedy the hack within a certain time period," Cue told the court. If the problem wasn't fixed in a timely manner, record companies could pull their music from iTunes, so Apple had to push regular updates to iTunes and its DRM to prevent "hacks" circumventing the technology.

The class action lawsuit, which has featured emails from Steve Jobs, began on Tuesday of this week and is being heard in the U.S. District Court in the Northern District of California. Apple marketing head Phil Schiller is still expected to testify, and a video deposition taken from Jobs before his death is also expected to be heard before the court proceedings end.

Popular Stories

Apple CarPlay Ultra instrument cluster themes 01

Apple's CarPlay Ultra Is Here – Does Your iPhone Support It?

Thursday May 15, 2025 5:17 am PDT by
Apple's recently announced CarPlay Ultra promises a deeply integrated in-car experience, but not all iPhone users will be able to take advantage of the new feature. According to Apple's press release, CarPlay Ultra requires an iPhone 12 or later running iOS 18.5 or later. This means if you're using an iPhone 11, iPhone XR, or any older model, you'll need to upgrade your device to access...
iPhone 17 Air Pastel Feature

iPhone 17 Air Battery Capacity and Weight Allegedly Revealed

Monday May 19, 2025 2:22 am PDT by
Apple is expected to launch an all-new ultra-thin iPhone 17 Air later this year, and while there have been plenty of rumors about the camera's overall design and thinness, we haven't heard any details about the device's weight and battery capacity until now. According to the leaker going by the account name "yeux1122" on the Korean-langauge Naver blog, the 6.6-inch iPhone 17 Air has a weight ...
Apple CarPlay Ultra instrument cluster themes 01

Apple's 'CarPlay Ultra' Experience Now Available

Thursday May 15, 2025 5:07 am PDT by
Apple today announced that its next-generation CarPlay experience, now dubbed "CarPlay Ultra" begins rolling out today, starting with Aston Martin vehicles. Subscribe to the MacRumors YouTube channel for more videos. CarPlay Ultra is now available with new Aston Martin vehicle orders in the U.S. and Canada. It will also be available for existing models that feature the brand's next-generation ...
WWDC 2025 Banner

Apple Announces WWDC 2025 Schedule, Including Keynote Time

Tuesday May 20, 2025 8:13 am PDT by
Apple today announced a more detailed schedule for its annual developers conference WWDC, which runs from June 9 through June 13. The schedule confirms that Apple's keynote will begin on Monday, June 9 at 10 a.m. Pacific Time, with a live stream to be available on Apple.com, in the Apple TV app, and on YouTube. During the keynote, Apple is expected to announce iOS 19, iPadOS 19, macOS 16,...
CarPlay Ultra Climate Controls

Apple Says These Vehicle Brands Plan to Offer All-New CarPlay Ultra

Thursday May 15, 2025 8:13 am PDT by
Apple today announced the launch of CarPlay Ultra, the long-awaited next-generation version of its CarPlay software system for vehicles. CarPlay Ultra features deep integration with a vehicle's instrument cluster and systems, built-in Radio and Climate apps, customizable widgets, and more. The interface is tailored to each vehicle model and automaker's identity, and drivers can also adjust...
macOS 16 visionOS Inspired Feature 1

macOS 16: Everything We Know So Far

Tuesday May 20, 2025 7:31 am PDT by
The Worldwide Developers Conference (WWDC), Apple's annual developer and software-oriented event, is less than three weeks away. We haven't heard a great deal about macOS 16 ahead of its announcement this year, so we could be in for some major surprises when June 9 rolls around. Here's what we know so far about the next major update to Apple's Mac operating system. macOS 16 Name? Every year ...
Apple Intelligence General Feature

Report: Apple's Next-Gen Version of Siri Is 'On Par' With ChatGPT

Monday May 19, 2025 9:00 am PDT by
Apple has big plans to improve Siri over the next few years, Bloomberg's Mark Gurman and Drake Bennett report. Some Apple executives are now reportedly pushing to turn Siri into a true ChatGPT competitor. A next-generation, chatbot version of Siri has reportedly made significant progress during testing over the past six months; some executives allegedly now see it as "on par" with recent...

Top Rated Comments

cinder Avatar
137 months ago
This article wrongly conflates 'Apple wouldn't let people play music from other stores' with 'Apple didn't reverse engineer DRM from other stores and build compatibility with it in the iPod'.

The reason it deleted MP3s from other services is that their MP3s were protected with DRM that was incompatible the Apple FairPlay DRM.
(That the labels insisted on)

Please do your research before parroting what the plaintiffs are claiming.
Score: 13 Votes (Like | Disagree)
the-oz-man Avatar
137 months ago
The fact that you don't understand the issue is irrelevant.

Obviously, this was an issue otherwise it wouldn't be a court case. If Apple is guilty of intentionally stifling the competition by their use of DRM on their products, they're going to owe lots in damages.

Please don't use the flawed logic that "it wouldn't be a court case" . . . if there wasn't an issue. Way too many frivolous lawsuits exist in America. I'm not specifically saying that is the case here, but it's flawed logic at best.
Score: 10 Votes (Like | Disagree)
Larry-Bloom Avatar
137 months ago
I don't see the problem

I don't see what the issue is... It's the same as a game console or phone or other system it just happens to be music. Anyone could of purchased another device if you didn't like buying the music from them. And they still allowed you to pull music off of CD or play MP3... About 50% of the music on my iPod was from CD's.

I didn't like that it didn't work with Windows, but that was fixed...
Score: 10 Votes (Like | Disagree)
Arcady Avatar
137 months ago
I understand why iTunes had DRM that wouldn't work on other players. I don't understand why the iPod couldn't play MP3s elsewhere that didn't have any drm.

What was the reason for that? I assume that an MP3 can't execute software on iPod OS, so I don't understand why it would be an issue.

The iPod (and iTunes) would play unprotected mp3 files just fine. You could rip a CD to mp3's or download mp3's from Limewire or Napster and pull them into iTunes and the iPod without any problem. It just wouldn't play DRM-laden files that were not Apple FairPlay. Apple had no reason to support third-party DRM on their system.
Score: 7 Votes (Like | Disagree)
Rogifan Avatar
137 months ago
The fact that you don't understand the issue is irrelevant.

Obviously, this was an issue otherwise it wouldn't be a court case. If Apple is guilty of intentionally stifling the competition by their use of DRM on their products, they're going to owe lots in damages.
So is Apple stifling the competition by not allowing competing App Stores or the ability to side load apps on iOS devices? Why didn't someone else build a better iTunes/iPod combo? What was stopping them?
Score: 7 Votes (Like | Disagree)
TheHateMachine Avatar
137 months ago
This is different.

Apple not allowing apps onto a device that they sell is different than Apple intentionally deleting music from a device because it was not bought in their store.

My crystal ball tells me that will not be the last bad analogy.
Score: 6 Votes (Like | Disagree)