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Originally Posted by
Christian Behrens 
Difference being, nobody forces anybody to use iTunes. If you don't have an iPod, feel free to use any music management software you like. Buy your music from Amazon or any other online store, because again, nobody is forced to buy from iTunes. Heck, even the music you *did buy* from iTunes can be used with any other computer or device that understands AAC.
Nobody forces you to use Windows + Internet Explorer, either, and yet it has been the target of legal action. iTunes is the largest music retailer in the world; Apple's action seeks to restrict access to that market to its own proprietary devices.
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Concerning the Pre, they used a hack that made their device pretend to be an iPod. If the loophole that allowed this hack to be done is closed, is that illegal?
Intent matters. If the method that allowed the Pre to sync with iTunes was some quirk that got ironed out as part of organic development, there'd be no problem. But the 8.2.1 update changes the functionality of iTunes to specifically exclude other devices. That seems abusive to me.
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Being successful does not make you a monopoly.
-Christian
I believe that was Mr. Rockefeller's argument as well. A federal judge ruled against Microsoft in United States v. Microsoft because Windows and Internet Explorer were deemed two separate products. That being the case, Microsoft's integration of Internet Explorer into Windows was held to be illegal. Nothing stopped people from downloading Netscape Navigator or Opera and using them. Nothing stopped people from choosing a completely different operating system.
Apple similarly wants iPod/iPhone + iTunes to be considered as one cohesive product rather than as two separate products. If they are two separate products, iTunes should be completely device-nuetral, just as Windows was forced to be completely browser-nuetral.
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Originally Posted by
Sam Posten 
WTHeck is this, subliminal messages?
I swear that was not in there when I hit Reply! This new forum software is very quirky.
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Originally Posted by
DaveF 
Personally, I think Apple acted reasonably. First, had the Pre synching continued, Apple would take service calls from Pre owners when the Pre synch had hiccups, even though it's a hacked and unsupported operation. And iTunes is Apple's tool; if another company wants to synch to a user's iTunes music, I understand they can create their own custom tool to read the iTunes data and do so.
Second, how did Palm not see this coming and why was iTunes synch part of their launch-campaign feature set?
I think Palm did see this coming, and used the hack as a means to gain standing for a lawsuit. Yes, it could create a third-party program to read and write to a consumer's iTunes library. But that requires a separate piece of software that iPod customers do not need. Just as having to download a different browser back in the Windows 98 days was considered an onerous burden on the market, I think having to install third-party software to approximate the functionality of iTunes is an onerous burden on this market. And assuming that Palm does create such a tool, who's to say that Apple won't encrypt iTunes libraries or otherwise change how the data is stored and retrieved for 8.2.2?
As a niche player, they could get away with being a completely closed system. As a dominant player, I'm not sure that's still true.