In what must have been some marvelous licensing legal wizardry, The Financial Times is reporting that Apple has signed a deal with News Corp’s 20th Century Fox studio to provide an online video-on-demand service. The service will allow consumers to rent the latest Fox DVD releases by downloading a digital copy from Apple’s iTunes platform for a limited time.

Both Apple and Fox are officially quiet about the deal and the Financial Times says that it is likely the deal will be announced at Macworld on January 14th.

The deal goes beyond movie rentals in that Apple will also for the first time extend its FairPlay digital rights management system beyond its own products.

A digital file protected by FairPlay will be included in new Fox DVD releases, enabling film content to be transferred or “ripped” from the disc to a computer and video iPod. DVD content can already be moved to an iPod but this requires special software and is considered piracy by some studios.

Technorati Tags: Apple, Fox, video, iTunes, Fairplay, DRM, online video rental

Wired is reporting that Warner Music Group began selling music on Amazon in the MP3 format without digital rights management protection. Amazon has added all of WMG’s digitized music catalog to the store.

Amazon’s store now contains over 2.9 million tracks, all in the unprotected MP3 format and including music from three of the world’s four major labels. EMI and Universal are already providing music to the DRM free store.

This should be a great benefit to consumers who are confused about DRM and frankly don’t want to know about it. Hopefully it will also help Amazon build a stronger competitor to iTunes and drive innovation.

Technorati Tags: Amazon mp3, music, Warner Music Group, DRM

ZML.com is positioning itself as the movie version of AllofMP3, a Russian service that provided downloadable music on the cheap. They claim over 1,500 movies, such as Transformers, Live Free or Die Hard, The Bourne Ulitimatum and lots of other big tiles with prices starting at $1.99. The service requires registration and a prepaid account using Visa or Mastercard. Downloads are billed against the prepaid account.

According to ZML, they have lots of hot movies that are playable on iPods and just about every device.

Over 1500 movies of premium DVD quality

Thousands of hot movies that you dare to watch. Movies are playable on various devices including iPod, PDA (HandHelds), PC, DVD & DivX players. Lowest prices on the web ever. Start downloading movies from $1.99 only! Absolutely no limits. You can download as much as you want with incredibly high speeds. No additional software required. Click on a link, download a movie and watch it on your favourite player.

Sounds good, but there’s a catch. The catch as reported by NewTeeVee

ZML.com isn’t licensed by any of the Hollywood studios. The site is selling hundreds of blockbusters anyway, referring to a collective licensing agreement with an obscure Russian rights holders agency.

And here are the details from ZML’s terms of service:

6 Copyrights
6.1 All materials presented on this site are available for the distribution over the Internet in accordance with the license of the Russian Organization for multimedia and Digital Systems (ROMS) and intended for personal use only. Further distribution, resale or broadcasting is strictly prohibited.
6.2 The Site remunerates the fees for every downloaded File in accordance with the license agreement.
6.3 All trade marks, trade names, company names, slogans, logos, and any other copyright items, which can be seen on the Site pages in various contexts, are the property of their respective owners. You have no right to copy, distribute or use them without written permission from the owners.
6.4 The Client has no right to download any Files from the Site if this violates the law of his country.
6.5 The Site Administration can not control actions of each Client therefore the Client is responsible for any illegitimate use of the Site’s materials or/and Services

Wow. This is a nightmare for Hollywood and another blow to the copyright. I’m sure there will be lawsuits filed, if they haven’t been filed already.

The problem is that this seems to be legal in Russia according to AllofMp3 who is reporting court room victories in their copyright infringement suit.

On 24 October a district court in Moscow has confirmed the “no copyright infringement” verdict.

Earlier this year, on 15 August 2007 AllofMP3.com was acquitted of all charges brought up by IFPI. Consequently the Federation filed a protest on behalf of the labels. This protest was declined last week. This time IFPI promised to go as far as the Supreme Court.

I wish the music industry and Hollywood good luck in protecting their copyrights. However, this is the sad, but unfortunately accurate reality of digital media. Movies, music, news all need new business models that allow content to flow openly AND money to be made by the creators of the content when it flows openly. There’s only way to fight blatant ripoffs like ZML in the long run, turn them into profit opportunities for the originators of the content.

Technorati Tags: movies, online video, drm, piracy, downloadable movies, ZML, AllofMP3

Reuters is reporting that

Internet users in France who frequently download music or films illegally risk losing Web access under a new anti-piracy system unveiled on Friday.

The three-way pact between Internet service providers, the government and owners of film and music rights is a boon to the music industry, which has been calling for such measures to stop illicit downloads eating into its sales.

Under the agreement — drawn up by a commission headed by the chief executive of FNAC, one of France’s biggest music and film retailers — service providers will issue warning messages to customers downloading files illegally.

If users ignore those messages, their accounts could be suspended or closed altogether.

I wonder how they will monitor this and know who is downloading illegally. The ISPs are signing up for a major headache if they want to try and keep track of all this. And how will they get paid for doing this extra work? Probably, higher fees for internet access in France.

I’m glad I don’t live there.

Technorati Tags: music, file sharing, France, piracy

Ars Technica is reporting on Testimony in Capitol Records, et al v. Jammie Thomas

When questioned by Richard Gabriel, lead counsel for the record labels, Pariser(Jennifer Pariser, the head of litigation for Sony BMG) suggested that what millions of music fans do is actually theft. The dirty deed? Ripping your own CDs or downloading songs you already own.

Gabriel asked if it was wrong for consumers to make copies of music which they have purchased, even just one copy. Pariser replied, “When an individual makes a copy of a song for himself, I suppose we can say he stole a song.” Making “a copy” of a purchased song is just “a nice way of saying ’steals just one copy’,” she said.

What do you think?

Technorati Tags: riaa, fair use, fairuse, copyright

eMusic, the music service that has given Apple’s iTunes the most competition in the song-download arena will now offer audiobooks in mp3 format, too.

The biggest selling point for eMusic is also its biggest point of controversy: the site uses the MP3 format, which works on any digital player but lacks digital rights management technology, that protects copyrighted material from unlimited duplication.

This should provide some really interesting competition between iTunes, eMusic and Audible.

NOTE: Digital Podcast is an affiliate of eMusic and if you use the link above to purchase eMusic we will get some money sent our way.

In an effort to track who is using their content, Reuters has contracted with a company called Attributor, which will fingerprint original Reuters content and continuously monitor billions of web pages.

The service will be used by Reuters to pursue new online content syndication opportunities, protect the value of its original content investment and offer increasingly focused products to the market and its customers.

Here’s a video demo of the Attributor service, which might be useful if you need to track where your content is being used.