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Is Your Music Really Yours?

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Reprinted with permission of the author.


Preamble by Dave Werden:


The story below is interesting on a couple of fronts. But the main reason I asked permission to reprint it here is to give my readers food for thought about the whole concept of "ownership" in the digital world. There is also a question of permanency with digital files. That last statement may seem questionable, but consider the following.

I already know that there was a case where Amazon did not have full [enough] rights to publish a Kindle book. That was only realized long after the title had been in Kindle format and sold to Amazon customers. Imagine their surprise when that title just disappeared from their Kindle devices! Amazon has, and used, the power to delete content from your device. To the best of my knowledge, the customers were not reimbursed (I strongly suspect that was rectified later, but I don't know). The story below by James Pinkstone is another example, in a way. As you see the follow-up at the end of his article, you will learn that there was a misunderstanding in play. However, the bottom line is still that without redundant backups, a great deal of his recorded music would have been lost, including music he created himself! Are you 100% sure you know your rights with digital properties, and you are equally sure you know all that the software can do? If you buy a CD, you can easily "rip" it into digital and store in the cloud for access anywhere. You can also rip in such a way that it will copy to any player you have. Any if you hang onto the CD, you are automatically backed up.

Preamble, part two:

I am concerned about students who do not own much printed music. In some cases they obtained many pieces as illegal copies of music from a friend or elsewhere; in other cases they purchased it legally online, downloaded it, and printed it. When you buy published music, it is generally produced on heavy paper with either offset printing or laser printing. In either case, the result is quite sturdy. But copy-paper printouts, especially those made with in inkjet printer, are subject to various kinds of damage. At the very least it's a good case for obsessive backup practices! And single sheets of copy paper are not very satisfactory for books. I'm still practicing from the Arban book I bought in the 1960's, and benefiting from my own notes and notes made by teachers along the way. I also have many, many published titles I have purchased in print, and have used even some of the oldest in performances in the last few years. Food for thought.

OK, that is the end of my ramblings - on to the reprinted article! You can find the original article here.


Apple Stole My Music. No, Seriously.

MAY 4, 2016 / JAMES PINKSTONE

“The software is functioning as intended,” said Amber.
“Wait,” I asked, “so it’s supposed to delete my personal files from my internal hard drive without asking my permission?”
“Yes,” she replied.

I had just explained to Amber that 122 GB of music files were missing from my laptop. I’d already visited the online forum, I said, and they were no help. Although several people had described problems similar to mine, they were all dismissed by condescending “gurus” who simply said that we had mislocated our files (I had the free drive space to prove that wasn’t the case) or that we must have accidentally deleted the files ourselves (we hadn’t). Amber explained that I should blow off these dismissive “solutions” offered online because Apple employees don’t officially use the forums—evidently, that honor is reserved for lost, frustrated people like me, and (at least in this case) know-it-alls who would rather believe we were incompetent, or lying, than face the ugly truth that Apple has vastly overstepped its boundaries.

What Amber explained was exactly what I’d feared: through the Apple Music subscription, which I had, Apple now deletes files from its users’ computers. When I signed up for Apple Music, iTunes evaluated my massive collection of Mp3s and WAV files, scanned Apple’s database for what it considered matches, then removed the original files from my internal hard drive. REMOVED them. Deleted. If Apple Music saw a file it didn’t recognize—which came up often, since I’m a freelance composer and have many music files that I created myself—it would then download it to Apple’s database, delete it from my hard drive, and serve it back to me when I wanted to listen, just like it would with my other music files it had deleted.

This led to four immediate problems:

  1. If Apple serves me my music, that means that when I don’t have wifi access, I can’t listen to it. When I say “my music,” I don’t just mean the music that, over twenty years (since before iTunes existed), I painstakingly imported from thousands of CDs and saved to my computer’s internal hard drive. I also mean original music that I recorded and saved to my computer. Apple and wifi access now decide if I can hear it, and where, and when.
  2. What Apple considers a “match” often isn’t. That rare, early version of Fountains of Wayne’s “I’ll Do The Driving,” labeled as such? Still had its same label, but was instead replaced by the later-released, more widely available version of the song. The piano demo of “Sister Jack” that I downloaded directly from Spoon’s website ten years ago? Replaced with the alternate, more common demo version of the song. What this means, then, is that Apple is engineering a future in which rare, or varying, mixes and versions of songs won’t exist unless Apple decides they do. Said alternate versions will be replaced by the most mainstream version, despite their original, at-one-time correct, titles, labels, and file contents.
  3. Although I could click the little cloud icon next to each song title and “get it back” from Apple, their servers aren’t fast enough to make it an easy task. It would take around thirty hours to get my music back. And even then…
  4. Should I choose to reclaim my songs via download, the files I would get back would not necessarily be the same as my original files. As a freelance composer, I save WAV files of my own compositions rather than Mp3s. WAV files have about ten times the number of samples, so they just sound better. Since Apple Music does not support WAV files, as they stole my compositions and stored them in their servers, they also converted them to Mp3s or AACs. So not only do I need to keep paying Apple Music just to access my own files, but I have to hear an inferior version of each recording instead of the one I created.

Of course, there are more issues than this. Apple has faced widespread complaints regarding Apple Music displaying incorrect album art, mangling file information, and Apple “geniuses” being ill-informed on the subject, thus unable to offer working solutions.

If you’re wondering why Apple hasn’t been sued yet, it’s because the iTunes Terms of Use vaguely warn of this issue, then later indemnify Apple and preclude any litigation from users who’ve been boned:

“iCloud Music Library is turned on automatically when you set up your Apple Music Subscription…When your Apple Music Subscription term ends…you will lose access to any songs stored in your iCloud Music Library.

…YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APPLE MUSIC SERVICE IS AT YOUR SOLE RISK. THE APPLE MUSIC SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE APPLE MUSIC SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

…IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APPLE MUSIC SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLE MUSIC SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR APPLE MUSIC PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR APPLE MUSIC PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLE MUSIC SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.”

I recovered my original music files only by using a backup I made weeks earlier. Many people don’t back up as often as they should, though, so this isn’t always an option. Amber relayed to me that she’s had to suffer through many calls from people who cancelled their Apple Music subscription after the free, three-month trial, only to discover that all of their own music files had been deleted and there was no way to get them back.

So my files were temporarily restored; but the only way to prevent this from happening over and over, according to Amber, was to cancel my subscription to Apple Music (which she herself doesn’t use due to the above-listed reasons) and to make sure my iCloud settings did not include storing any music backups.

For about ten years, I’ve been warning people, “hang onto your media. One day, you won’t buy a movie. You’ll buy the right to watch a movie, and that movie will be served to you. If the companies serving the movie don’t want you to see it, or they want to change something, they will have the power to do so. They can alter history, and they can make you keep paying for things that you formerly could have bought. Information will be a utility rather than a possession. Even information that you yourself have created will require unending, recurring payments just to access.”

When giving the above warning, however, even in my most Orwellian paranoia I never could have dreamed that the content holders, like Apple, would also reach into your computer and take away what you already owned. If Taxi Driver is on Netflix, Netflix doesn’t come to your house and steal your Taxi Driver DVD. But that’s where we’re headed. When it comes to music, Apple is already there.

Audacious. Egregious. Crazy. These are just some of the adjectives I used in my conversation with Amber. She actually asked me how I wanted to move forward, putting the onus of a solution back on me. I understand why, too: she’s just as powerless as I am. I would love for Apple to face public backlash and financial ramifications for having taken advantage of its customers in such a brazen and unethical way, but Apple seems beyond reproach at this point. It took three representatives before I could even speak to someone who comprehended what I was saying, and even when she admitted to Apple’s shady practice, she was able to offer no solution besides “don’t use the product.” When our data is finally a full-blown utility, however, “just don’t use the product” will cease to be an option. Apple will be in control, bringing their 1984 commercial full circle into a tragic, oppressive irony.

For an update on how Apple has denied what Amber asserted, as well as how James has been working with Apple to try to troubleshoot the software, click here (also shown below).

=======

Apple and James’ Excellent Adventure

MAY 9, 2016 / JAMES PINKSTONE


Within hours of my blog post going viral, I received a phone call from John, an Apple representative. I cautiously heard him out.

John wanted to get to the bottom of the issue, and connected us both to Dave, one of Apple’s technicians. Despite what Amber had told me, Dave asserted that deletion of original files isn’t supposed to happen. This obviously put me in an awkward position, since I’d relied on Amber’s expertise while writing my original blog. Although I’m guarded, since Apple has given me two conflicting responses, I really hope that Dave is correct–because the alternative is Robocop 2-level bleak.

I want to believe in a future that is less Ready Player One and more Bill and Ted’s Excellent Adventure. So I talked with Dave about the details of what happened, answering his questions thoroughly. He’s looking into the issue, and I’ll be sure to post an update if or when we make any progress. In the days since then, I’ve received another call from Dave and some of his fellow engineers, but as of now they’ve told me of no new breakthroughs. At the moment, I’ve been using Swinsian as an iTunes alternative, and so far I’m really pleased with how smoothly and intuitively it operates. No, I’m not a shareholder. Yet.

My original blog post was a warning, aimed at helping others avoid a similar situation. But if Amber was incorrect, and Apple Music is not supposed to delete the users’ files, then I’m actually relieved. It means that all of us who’ve suffered through this fell victim to a bug rather than something more malicious.

We’ll see. Or maybe we’ll never know. In the meantime, as Abraham Lincoln said, be excellent to each other.

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Updated 05-18-2016 at 08:13 PM by davewerden

Categories
Euphonium-Tuba Blog , General Interest

Comments

  1. John Morgan's Avatar
    I ALWAYS make and keep backups of my music, CDs, digital, etc. I trust no one or no thing or no company to keep it secure and in tact.

    As an aside, I am a retired Army Officer. Apple's recent refusal to help the FBI recover information from one of Apple's devices after a terrorist attack made me about as angry as I have ever been in my life. I will NEVER, EVER, EVER in my life support, buy, use, look at anything Apple. They suck, period. End of story. I hope that company goes down in flames, and I will be there to celebrate when it does. So my advice to you is to take your music off anything Apple or iTunes. There are other services available. Besides, I don't live my life with a device tethered to me 24 hours a day. We are going in the wrong direction.

    Like the Apple Music Service, Microsoft is now deploying things like Microsoft Office 365 as a subscription where you have to pay so much per year indefinitely to use the software (and some of your stuff is stored in the wild blue yonder). I detest this direction, but I suppose this is the future. I don't like being controlled, I like to be in control.

    So, finally, any doubts about my affinity for Apple?
    Updated 05-15-2016 at 08:55 PM by John Morgan
  2. RickF's Avatar
    It is troubling to read that Apple can actually delete your purchased music. Apple spokesperson said, "The software acted as designed and is included in the purchase agreement". If everyone read the complete agreement statement for any on-line purchase or download, we would still be there reading and probably NOT agree to it. These lengthy agreements are written so as to protect themselves from almost any possible reprisals.

    Thankfully, I haven't purchased much music on iTunes. I have two albums of classical music on my iPhone (100 tracks total) for a total investment of $12 – none on our iPad. I don't even have iTunes installed on my PC - no need for it really. I do backup my PC's hard-drive each and every week to an external HD.

    Thanks for sharing this troubling story.

    Rick Floyd
  3. ackmondual's Avatar
    For the Amazon Kindle story, I heard they did get a refund, although waking up the next morning to find that novel gone was quite a shock! Bonus points since it was George Orwell's 1984 (Big Brother indeed )

    I had a neighbor who got pissed at Apple because he purchased a several seasons worth of a TV show in HD. It ate up 200 GB, but his laptop only had 250 GB of storage, so he deleted from there after he was done with it. To his surprise later on, he couldn't re-download it! It was gone forever!

    Definitely make sure you update your multimedia if you want to retain them for future use!