Date:04/05/2004 URL: http://www.thehindubusinessline.com/2004/05/04/stories/2004050400440700.htm

Back Apple asks Indian portal to `play fair' — Seeks to shut down free Web download

Raja Simhan T.E.

Chennai , May 3

APPLE Computer Inc has asked an India-based portal to shut a free computer programme available on the Internet. The programme decoded Apple's protected files, converted them into unencrypted files and allowed them to be played and distributed in an unrestricted manner.

The global information technology giant recently issued a legal notice that is available on the Net, to the Thiruvananthapuram-based Sarovar.org to remove the computer programme `PlayFair' from its portal. Sarovar also infringed the copyright in iTunes, an online music services offered by Apple, said the notice. iTunes offers over one-lakh new tracks from independent artists and record labels.

Sarovar.org hosts projects under free and open source licenses. The portal is customised, installed and maintained by Linuxense as part of their community services and sponsored by River Valley Technologies.

A Linuxense official confirmed that the programme was shut after receiving the notice. There were over 30,000 downloads of the programme from the portal in six days. He added that it is not illegal in India to download such a programme. The notice did not specify under which part of the law it was illegal to download the programme, he said.

``However, we had to shut down, since any legal action would affect our investors and the Internet Service Provider that hosted the programme,'' he said.

The notice, issued by advocate Mr Nitin Sen said that Apple has invested a substantial amount of resources to obtain legitimate rights in these works and make them available through its iTunes Music Service. The songs are formatted in the AAC:MPEG4 audio format (`AAC'). These AAC files sold over the iTunes Service are encrypted by Apple, which allows user to burn songs on to an unlimited number of compact disks (CDs), listen to the songs on an unlimited number of Apple's music players called iPods and play songs on up to three computers.

`PlayFair', on the other hand, decoded Apple's protected AAC files, converted them to unencrypted files and allowed them to be played and distributed in an unrestricted manner. ``This is contrary to our client's terms and conditions governing availability of the service and is causing them enormous potential loss of revenue and reputation. Not only that, PlayFair is against the express provisions of our Information Technology Act, 2000 and the Copyright Act, 1957,'' the notice said.

The programme was previously hosted on a Web site called SourceForge. When Apple addressed a `cease and desist' letter to SourceForge, the Web site removed the programme immediately from its server.

Apple asked Sarovar to immediately remove `PlayFair', all links and/or references thereto from all Web sites and servers, the notice said.