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Sources: Apple, music labels talk DRM-free songs

A year after iTunes began offering music without copy protection software from EMI, Apple is in discussions with the other three top recording companies about acquiring DRM-free songs, according to two music industry sources.

CNET News Greg Sandoval

Context & Ripple Effects

This report lands mid-way through the music industry's slow retreat from copy protection. EMI had already broken ranks by selling DRM-free tracks on iTunes a year earlier, and Warner Music Group's decision to drop DRM showed the majors were softening one by one. The broader backdrop was an industry under financial pressure that had signaled as early as 2007 it was set to relax digital restrictions. Apple negotiating with the remaining three top labels would turn DRM-free from an experiment into the default for the largest digital music store.

First-order effects

  • If the talks succeed, iTunes customers buying music from Universal, Sony BMG, and Warner would get unprotected files they can play on any device — not just iPods — ending the lock-in that has defined the store since launch.
  • The three labels gain pricing flexibility: DRM-free catalogs open the door to tiered pricing and variable track costs that Apple's flat 99-cent DRM model had resisted.

Second-order effects

  • Competing download stores like Amazon MP3, which built their pitch on DRM-free files, lose their differentiation if Apple matches them — shifting competition toward price, catalog, and player experience.
  • Device makers outside Apple's ecosystem benefit directly, since label-wide DRM-free supply makes any hardware or software player viable against the iPod without licensing Apple's FairPlay.

Third-order effects

  • DRM's collapse in music becomes a template for other media: once the biggest store proves copy protection is commercially unnecessary for downloads, pressure builds to strip it from video, e-books, and games — though streaming later reintroduces control through subscription terms rather than file locks.
  • The labels' leverage shifts from controlling file formats to controlling access terms — a dynamic visible years later in Apple's streaming license negotiations over exclusives and free tiers, where the fight is over windows and tiers rather than encryption.

The trend: The music industry's shift from copy-protected downloads to open files — and ultimately to licensed streaming — marks the transition from DRM as the enforcement mechanism to commercial terms as the real point of control.