Even though those acts have traditionally been and still are non-infringing, the DMCA makes them illegal and stifles fair use, innovation, and competition.
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The real culprit here is the DMCA - but for that bad law, customers could legally convert DRMed files into whatever format they want, and tech creators would be free to reverse engineer the DRM to create compatible devices. Access to MP3s and non-DRMed formats creates the only bridge between these isolated islands of limited devices. And you’ll have to do that over and over again whenever a new, incompatible device with innovative features blows existing players out of the water. You have to rebuy your preexisting DRMed media collection if you want to use it on the Zune. Buying DRMed media means you’re locked into the limited array of devices that vendors say you can use. This is a stark example of DRM under the DMCA giving customers a raw deal. Buried in footnote 4 of its press release, Microsoft clearly states that “Zune software can import audio files in unprotected WMA, MP3, AAC photos in JPEG and videos in WMV, MPEG-4, H.264” - protected WMA and WMV (not to mention iTunes DRMed AAC) are conspicuously absent. That’s right - the media that Microsoft promised would Play For Sure doesn’t even play on Microsoft’s own device. Microsoft’s Zune will not play protected Windows Media Audio and Video purchased or “rented” from Napster 2.0, Rhapsody, Yahoo! Unlimited, Movielink, Cinemanow, or any other online media service. In yesterday’s announcement of the new Zune media player and Zune Marketplace, Microsoft (and many press reports) glossed over a remarkable misfeature that should demonstrate once and for all how DRM and the DMCA harm legitimate customers.