Apple pulls the plug on iTunes shareware

Global bankers and software majors have set up glizty outfits in India, but so have struggling start-ups and software firms on the wrong sid...

Global bankers and software majors have set up glizty outfits in India, but so have struggling start-ups and software firms on the wrong side of the law. And both sides of this great offshoring divide now slug it out over market share.

Early in April, computer maker Apple Inc. convinced a website in America http://www.SourceForge.net to remove a software project called PlayFair from the Internet. Served with a strongly-worded legal notice, SourceForge complied. But PlayFair, written by world famous hacker 8220;DVD Jon8217;8217; has made its way into India and Trivandrum-based website http://www.Sarovar.org is its new host.

8220;PlayFair lets music bought from Apple8217;s iTunes Music Store iTMS play on any computer. But Apple is fighting a global battle to restrict iTunes buyers to the iPod 8211; its popular music player 8211; apart from a limited number of PCs,8217;8217; says S. Rajkumar, a founding member of the not-for-profit Sarovar.

In fact, iTunes is the best thing that has happened to Apple after the Mac. It has more than 100 million songs that thousands are buying for a dollar apiece. And Apple8217;s iPod, which plays the iTunes, is an even bigger hit: Mega-deals are being offered 8211; and denied 8211; for an alliance.There8217;s only one problem 8211; PlayFair. 8217;8217;Apple licences buyers to play iTunes on iPod and three other pre-decided computers. But PlayFair lets them listen to iTunes on any device. More than 30,000 have downloaded PlayFair within four days, from India,8217;8217; says Rajkumar.

But the PlayFair party lasted only till Apple didn8217;t know about the relocation to India. When quizzed by this paper on the possible impact on iPod sales and piracy due to massive PlayFair downloads from India, Apple India did not respond. But based on the information, it shot off a legal notice asking Sarovar to remove PlayFair, too, or else.

8220;We shut PlayFair after Apple8217;s legal notice alleging copyright violation8230; We don8217;t agree, but without funds to fight a global corporation in court, we8217;ll have to ask Free Software Foundation, India to fight for us,8217;8217; says Rajkumar.

But it may not be that simple. 8220;Legally, since PlayFair was removed, there is no case,8221; says cyberlaw advocate Pavan Duggal. 8220;But modifying software to make it do what it was not originally intended to implies copyright and possibly, cyberlaw violation. A maximum penalty of Rs 1 crore might will be imposed, considering the mass-downloads,8217;8217; he says.

Story continues below this ad

Nor will the music industry sympathise with Sarovar. 8220;We8217;ve brought down music piracy from 80-85 per cent to 30 per cent. It took five-seven years. Piracy is wrong and we support copyright protection in any way,8217;8217; says Vijay Lazarus, president, Indian Music Industry IMI.

But Sarovar feels Apple violates 8216;fair use8217; norms by restricting the devices iTunes can play on. 8220;Why should Apple dictate what people do with music they have already bought? PlayFair is a community project of the kind we are committed to protect,8217;8217; it says. But legally, 8220;Fair use only covers usage for research, criticism, commentary etc 8211; not mass distribution,8217;8217; feels Duggal.

Though experts advise caution and the 8220;middle path8217;8217; in dealing with piracy and fair use norms, what happens to PlayFair, which has exhausted two countries in a week? 8220;This is the internet8230;PlayFair can change its name, or go elsewhere..8217;8217;