Updated from 12:39 p.m. EDT
In comments likely to encourage rumors of an
impending lawsuit,
Apple issued a harsh retort Thursday to online music rival
RealNetworks, which surprised
onlookers earlier this week with news that it has
cracked open the proprietary software for Apple's iPod
digital music players.
In its statement, Apple
accused Real of adapting "the tactics and ethics of a
hacker" and said it's delving into the legal
implications of its rival's actions.
In further comments aimed to undermine consumer
interest in Real's offerings, Apple added, "We
strongly caution Real and their customers that when we
update our iPod software from time to time it is
highly likely that Real's Harmony technology will
cease to work with current and future iPods."
In a follow-up release, Real said: "Consumers, and not Apple, should be the ones choosing what music goes on their iPod." While Apple has invoked the digital Millennium Copyright Act in support of its position, Real said the DMCA "explicitly allows the creation of interoperable software."
On Monday, Real said it has developed software to
let consumers play songs from its Rhapsody music store
on Apple's iPods. The announcement was not welcomed by
Apple, which designed iPods to only play music purchased
from its own iTunes music store, and prompted a wave
of speculation that Apple will respond in court. An
Apple spokesperson said at the time that the company
had no comment on whether it would file suit against
Real.
Apple, which has long cast itself as the purist
loner of the tech world, has lately reversed course in
an effort to broaden the reach of its highly popular
online music store and iPod technology. Over the past
nine months, it's struck deals to extend its musical
reach into non-Apple computers, high-end autos and
even cell phones
via arrangements with
Hewlett-Packard,
BMW and
Motorola.
But it has shown no interest in working with Real,
rejecting an offer from its competitor earlier this
year to develop iPods into an open platform that would
play music from Real's online store.
In recent trading, Apple was up 29 cents, or 0.9%, to
$32.56, while Real was off 8 cents, or 1.4%, to $5.50.