Napster v. iTunes (Advice Needed)

The Dark Knight
Prederick's picture
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I realized recently that i've blown over $100 on songs from iTunes. I find this somewhat disheartening, considering my Creative NOMAD Jukebox Zen Xtra will not play songs i've grabbed from iTunes (damn Apple). I'd like to use music that i've bought online in my Mp3 player, like many other people, i'm sure. So i'm looking at Napster, which apparently supports my Mp3 player, but not with "Napster To-Go", which it's somewhat nebulous in its description of.

I already know about iTunes, my question is about Napster really. I'm willing to have both on my PC but i'm wondering about what signing up with Napster really grants you. Is it a service like iTunes, where it's a certain price a song, or is it a monthly flat rate? Can I download songs onto my Mp3 player without having 'Napster To-Go"?

If anyone's a Napster user and has used it with a Mp3 player, please give me the lowdown here before I blow $9.95 a month.

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TAZ89's picture
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I have Napster. BEWARE: check your mp3 player to make sure it plays DRM Protected WMA''s. That is what you download from Napster. I have an iRiver H-120 and it doesn''t play those, even though it plays WMA''s.

Napster standard is about $.99 a song or $9.99 an album. Other than the compatibility issue I like it. It''s easy to use and fast.

I don''t have Napster to go (I have over 300+ CD''s so I already have most of what I want) so I can''t comment on it. But, it seems like it is a monthly subscription with unlimited downloads.

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(Note: I am not a Napster subscriber, I''m basing this on what I''ve read in their advertisements and general write-ups, not first hand experience).

Napster is basically a ""rental service"". You pay a monthly fee and have access to their catalog so long as you are subscribed. If you end your subscription, you no longer have access to use that music (in its DRMed form, assuming you haven''t converted it somehow from WMA).

My dislike for this model is that it forces you to pay, basically, forever if you like what you build up in your library of music (on PC or portable player), as opposed to ""owning"" a copy of the songs. Your mileage may vary, however.

In some ways its very similar to XM or Sirius in that you''re paying for a subscription to listen to music (or other broadcasts), not to own a copy of them.

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You can''t convert the files to something your Zen can play?

Well... that just blows.

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The Dark Knight
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"Morrolan wrote:
You can''t convert the files to something your Zen can play?

Well... that just blows.

If someone knows a way to turn files downloaded from the iTunes Music Store into files playable on an average Mp3 player, let me know.

Thanks for the info guys. TAZ, can you confirm or deny what Dr. Marlin''s talking about? I mean, i''d hate to download a song to my Mp3 player, only to find out that once I stop using Napster I can''t use it anymore.

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Fripper's picture
Location: Portland OR

Quote:
can you confirm or deny what Dr. Marlin''s talking about?

Here''s a good article about it.

http://www.theregister.co.uk/2005/02/04/napster_go_away/

Quote:
Let''s take a look at consumer A. This consumer goes to Amazon.com and does a search for Creative - one of the Napster supported music device makers - and picks up a 20GB player for $249.99. Let''s assume he keeps the device for three years, paying Napster all the time. That''s $538 for the Napster service, bringing the three-year total to $788.19.

Consumer B types iPod into the Amazon.com search engine and finds a 20GB device for $299. Apple doesn''t offer a subscription service, so this customer has to buy songs at the 99 cent rate or at $9.99 per album. Subtracting the price of the iPod from the $788, consumer B would have $489 left over for music. That''s roughly worth 489 songs or 49 albums.

We posit that during this three-year period both Consumer A and Consumer B will actually end up with close to the same number of songs on their devices. Customers do not, as Napster suggests, pay $10,000 to fill their iPods with 10,000 songs just because the capacity is there. They take their existing music, CDs and MP3s, and put that onto the device first, then later add iTunes songs as they go along. A Napster customer would have a similar mix of old music and new downloads.

The big difference here is that after the three years are up, Consumer B has something to show for his investment. He still owns the music. If the Napster customer stops paying for the service, his music is all gone. He''s paying $179 per year to rent music. This isn''t high quality stuff either. It''s DRM (digital rights management)-laced, low bitrate slop.

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TAZ89's picture
Location: Tempe, AZ

According to the Napster application FAQs, the tracks you purchase you own permanently (I''d copy and paste the statement, but it won''t let me). All of the tracks that I have bought were downloaded directly onto my HD and as far as I know they are mine permanently. Unfortunately I can''t guarentee that, as I still have Napster and have never been able to play any of my tracks on my mp3 player.

If you use Napster to Go you only get to ""borrow"" them and must still purchase them to burn or keep them.

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Does anyone know of any pay music services that let you download in .ogg format?

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sheared's picture
Location: Purple Mountains

"Prederick wrote:
"Morrolan wrote:
You can''t convert the files to something your Zen can play?

Well... that just blows.

If someone knows a way to turn files downloaded from the iTunes Music Store into files playable on an average Mp3 player, let me know.

Thanks for the info guys. TAZ, can you confirm or deny what Dr. Marlin''s talking about? I mean, i''d hate to download a song to my Mp3 player, only to find out that once I stop using Napster I can''t use it anymore.

I just burn them to a CDRW and then rip them back as MP3''s. Sure there is a loss of quality, but with the places I end up listening to them (car and while working out), the quality loss isn''t bad enough for me to worry with.

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farley3k's picture

"Prederick wrote:

If someone knows a way to turn files downloaded from the iTunes Music Store into files playable on an average Mp3 player, let me know..

1. Buy a CD-RW
2. Make an audio CD with Itunes of the songs you want to turn into MP3s
3. After burning the CD is a normal CD which can be played in a normal CD player so...
4. Use any ripping software you want (including Itunes) to rip that audio CD to MP3s.

(I say use a CD-RW so you can repeat the process forever without wasting CDs but it would work the same with CD-Rs)

It is a bit of a pain but it only takes couple minutes to burn the CD and rip but then you have them as unprotected MP3s that you can use with anything.

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Warlock's picture
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Apparently, you can download Winamp and the Outpost Stacker plugin, which will let you take the protected WMAs and convert them to WAV. Then, you could do the same process as above to get them back on your PC as mp3s.

EDIT: Actually, if you download the Lame Encoder with it, you can encode directly to mp3, and it will even be pre-tagged. Obviously, I''d have to try this to give more information, but as I don''t have Napster To Go, I can''t help there.

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Quote:
1. Buy a CD-RW
2. Make an audio CD with Itunes of the songs you want to turn into MP3s
3. After burning the CD is a normal CD which can be played in a normal CD player so...
4. Use any ripping software you want (including Itunes) to rip that audio CD to MP3s.

Or you can just use Hymn and not waste a CD

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SommerMatt's picture
Location: Racine, WI

"hubbinsd wrote:
Does anyone know of any pay music services that let you download in .ogg format?

If you don''t mind a little grey-area morality, the russian site

www.allofmp3.com

seems to support .ogg format. The cool thing about this site is that you can CHOOSE the format and bit-rate before you download.

BTW, this IS a pay site... and it is LEGAL under Russian law (although it''s been challenged, it won its case). Still, your money probably isn''t going to the artists. It''s quasi-legal status separates this from a pirate site, IMHO.

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"SommerMatt wrote:
"hubbinsd wrote:
Does anyone know of any pay music services that let you download in .ogg format?

If you don''t mind a little grey-area morality, the russian site

www.allofmp3.com

seems to support .ogg format. The cool thing about this site is that you can CHOOSE the format and bit-rate before you download.

BTW, this IS a pay site... and it is LEGAL under Russian law (although it''s been challenged, it won its case). Still, your money probably isn''t going to the artists. It''s quasi-legal status separates this from a pirate site, IMHO.

I have resisted the allofmp3 temptation thus far...part of it is not wanting to give shady Russians my credit card number (I guess I''m not immune to baseless prejudice), and the other part is not really wanting to rip off the bands I like. If I listened to Britney Spears it would be different, but most of my favorite bands probably have to work day jobs to make ends meet.

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If you run linux you can download from iTunes unprotected music via PyMusique. PyMusique stops iTunes from DRMing the song as it''s not encrypted until AFTER you download it. I <3 DVD Jon.

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I thought ITMS blocked PyMusique a week or two ago - did he reupdate to get around it?

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Quote:
I thought ITMS blocked PyMusique a week or two ago - did he reupdate to get around it?

Yes, they came up with the ""block"" in less than 24 hours after they discovered a major architectural flaw in their DRM, it was just BS posturing.

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The Dark Knight
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Location: [Start of line][dramatic pause][puts on sunglasses][end line] YEAHHHH!

"Pyroman[FO wrote:
""]
Quote:
1. Buy a CD-RW
2. Make an audio CD with Itunes of the songs you want to turn into MP3s
3. After burning the CD is a normal CD which can be played in a normal CD player so...
4. Use any ripping software you want (including Itunes) to rip that audio CD to MP3s.

Or you can just use Hymn and not waste a CD

Hooray! This looks like the solution i''ve been looking for.

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Some might choose to pray, some might choose to snooze
But the style that I use is the style that's mine

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farley3k's picture

I tried Hymn but I found it hard to use and confusing. Of course I didn''t try real hard or read any directions so it may have been my own fault.

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I''m unlocking files as we speak. Already it gets the Prederick Seal of Approval.

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SommerMatt's picture
Location: Racine, WI

"hubbinsd wrote:
I have resisted the allofmp3 temptation thus far...part of it is not wanting to give shady Russians my credit card number (I guess I''m not immune to baseless prejudice), and the other part is not really wanting to rip off the bands I like. If I listened to Britney Spears it would be different, but most of my favorite bands probably have to work day jobs to make ends meet.

Well, I haven''t even used this site, but keep in mind that you don''t need to give them anything-- you can pay for your music with a PayPal account.

I don''t want to get into a big debate on this, and I am NOT justifying downloading music for free. BUT... how much money from CD sales or MP3 sales actually goes into the pocket of the artist you like? I don''t really know, but I''ve heard most bands don''t make a lot on CD sales... live concerts & merchandizing, etc., provide most of the money (unless you''re a guaranteed superstar). Anyone care to educate me on the reality of this (wrong?) theory?

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TAZ89's picture
Location: Tempe, AZ

Just an update for those who are interested.

After a complete HD meltdown last weekend I had to restore my music files from a backup. All the files were restored fine and could play...except the Napster ones. They prompted me the install the Napster application and I had to redownload them. The site said I could do this to three different computers.

I had ""bought"" each of the files seperately and the site''s FAQ''s said that I ""owned"" them. But that apparently is crap.

So no more Napster for me. After paying full price for the music I find that I am really just leasing it. Bye Bye Napster!

P.S. It''s not a big deal I only had about three albums worth of music from them.

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That is still 30 bones down the tubes... sorry to hear it Taz

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I bought some albums from iTunes and then months later bought a roku soundbridge (WiFi computer to stereo hookup) and guess what. Purchased iTunes songs won''t play on it, even though Roku designed the system using iTunes as the music server. Just something to keep in mind. Your songs migh work fine on the systems or gadgets you have now, but in the future that can change. You never really ""own"" the songs and the whole thing has soured me to this whole ""mp3 service"" thing.

When are the RIAA and the music companies going to wake up. No wonder people go to services like BT or allofmp3.com.

[Edit to add:]
Yes, I eventually burned them and re-ripped them to get them to work.

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Reopening this old thread, I took a look at Hymn, but it could not convert anything without calling the mothership (i.e. Apple). I'm not so keen on giving it my user account info at iTunes - is this thing really safe?

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Dramatic Marlin's picture
Location: From Canada, with Cool

SlyFrog wrote:
Reopening this old thread, I took a look at Hymn, but it could not convert anything without calling the mothership (i.e. Apple). I'm not so keen on giving it my user account info at iTunes - is this thing really safe?

I've done it quite a few times now (converting using JHymn) with no issues to date.

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scoli's picture
Location: Dallas, Texas

I just tried allofmp3.com and it is amazingly cool. They have an incredible selection, any format you could want, and it's cheap as dirt.

As for the legality... They seem to have an agreement with the Russian equivalent of RIA. There are no laws that I know of off the top of my head that would make this illegal. Essentially it seems as though it would legally fall into the same category as importing a CD. Further, even if it were illegal and RIA decided to try and prosecute Americans who used it I wish them luck in getting names from a company in Russia. However, I do not believe it breaks any laws.

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unntrlaffinity's picture
Location: New Orleans, LA

It's legal...in Russia. There are loopholes in Russian copyright laws that let them offer this service, and because, you know, the country has bigger problems, it's not likely the legislative machine will do anything about it in a timely manner.

As for it being legal here, I would say it's legal in the same way certain tax shelters, shady campaign contributions, and near-fraudulent informercials are legal, through loopholes. If you're concerned with sitting atop a moral high horse, then no, but if all you care about is whether or not you can thumb your nose at the RIAA, then yes. The authorities in Russia aren't doing much about it because they're in no position to, not because they don't think they should. The authorities here haven't really figured out what to do, because older laws are still playing catchup with new technology, but it seems to me at any moment it could become very clearly illegal.

Personally, I do view it as theft, legal or not. I'm not judging anyone who uses it, I've downloaded plenty of albums in my time. But obviously that's alright because I feel bad about it, right? I think if you're going to steal music, steal it, don't pay some shady Russian company to do it for you. And yes, even to this day, I rationalize and tell myself I will eventually buy all the albums I've downloaded, and I do beam with a certain amount of pride every time I'm able to delete a few folders from my mp3 library, in lieu of my newly ripped copies from legit cd's.

As for whether the artists you love are getting any of this mp3 money, I would lean towards no. Allofmp3 has stated they pay this Russian RIAA, and then it's up to them to see the royalties are paid based on sales. Which is basically like saying "It's not our problem." and passing the buck onto an organization that has allowed such a loophole to exist, which doesn't exactly instill in me confidence that they are passing on the correct percentage of profits.

Edit: I decided my calling the company shady was unfair, since they are operating completely within the bounds of the laws in their country. But then again, so do (did? I don't know if China ever actually cracked down like they said they would) Hong Kong piraters who flood eBay with copied movies and music.

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scoli's picture
Location: Dallas, Texas

One thing that I've learned since starting law school is that you exploit every angle you possibly can to win for your client, as long as those angles are legal. In this case I hate RIAA and believe their enforcement policies are heavy handed and in violation of the spirit of the court system they exploit. Therefore I'm going to do anything I can to legaly hurt them,

The real reason that it probably hasn't been shut down here is because it can't be. Even if we were to pass laws to block this sort of thing (importing a service that is legal in its country of origin) it would be almost impossible for RIAA to enforce because they probably could not get names from the company because of various legal technicalities which make international suits a pain in the ass.

Further, I feel about as bad moraly as RIAA does when it prosecutes people that clearly have no clue what they are being sued for, let alone what filesharing is.

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unntrlaffinity's picture
Location: New Orleans, LA

scoli wrote:
One thing that I've learned since starting law school is that you exploit every angle you possibly can to win for your client, as long as those angles are legal. In this case I hate RIAA and believe their enforcement policies are heavy handed and in violation of the spirit of the court system they exploit. Therefore I'm going to do anything I can to legaly hurt them,

The real reason that it probably hasn't been shut down here is because it can't be. Even if we were to pass laws to block this sort of thing (importing a service that is legal in its country of origin) it would be almost impossible for RIAA to enforce because they probably could not get names from the company because of various legal technicalities which make international suits a pain in the ass.

Further, I feel about as bad moraly as RIAA does when it prosecutes people that clearly have no clue what they are being sued for, let alone what filesharing is.

But isn't the theory behind exploiting every angle that laws aren't commandments, and they do need to adapt and change, and that the only way this will happen is essentially if we abuse such loopholes? I don't think that really applies here, because with the state of Russia's economy/government/society nothing really can change right now.

It can't be in the same way file sharing can't be. They could block the site, but people would find ways around it, just like we find new ways to share files. I am not confident that because pursuit of a certain course would be impractical that it will prevent them from making something illegal. They could very well rule that the phrasing of import regulations as involving "material objects" means downloads don't qualify for protection under these laws.

I don't think saying the RIAA are a bunch of berks is a very controversial statement, but I'm just saying that even though it's legal, it still feels like buying something that "fell off the back of a truck". And the idea of giving money for something stolen, like a bootleg dvd, bothers me. So if you want to hurt them, there are other ways to do so. You can just download the album in the first place, which if you're careful they don't have much of a chance of prosecuting you over to begin with (which I think is why they're pursuing clueless people, because they want to make examples, but not everyone is that careless), you can record legal streaming radio and break the broadcasts into individual songs (also free), or you can purchase music that appears on the RIAA Radar, and in this way vote with your dollars. I just think most people delude themselves about allofmp3, because they want to, so badly, believe that for once something too good to be true, isn't.

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scoli's picture
Location: Dallas, Texas

unntrlaffinity wrote:

But isn't the theory behind exploiting every angle that laws aren't commandments, and they do need to adapt and change, and that the only way this will happen is essentially if we abuse such loopholes?

The short answer is no. You are confusing the law with something benevolent. The purpose of exploiting every loophole possible is simply to win. In fact, it is generally considered unethical for a lawyer to not exploit a legal loophole. For example if I had a client who contracted to sell something like a car and he discovered that he could make a lot more money by keeping it, it would be unethical for me not to press a statute of frauds issue(contracts over $5000 and for certain lengths of time, etc. must be in writing) even though the statute of frauds wasn't designed to get people out of contracts simply because they found a better deal. If the law changes some would see that as a bad thing because it would cut off a proven method of attack.