Note that Apple just reported stronger than=20 expected earnings, based in part on very strong=20 sales of the iPod music player (more than 800,000=20 units in the last quarter). Apple is delaying the=20 introduction of the iPod Mini until July due to=20 the inability to meet strong demand for the=20 device. The alliance between Real and Apple, discussed in=20 the following article, could have a significant=20 impact in the digital media player market... And it is worth noting that Real supports the=20 ISMA streaming video initiative, which could help=20 promote a standards based approach to streaming=20 using MPEG-4 and AVC. Regards Craig RealNetworks Seeks Musical Alliance With Apple April 16, 2004 12:00am Source: The New York Times Co. New York Times: RealNetworks made a direct appeal=20 last week to Apple Computer, its Internet music=20 rival, suggesting that the two companies form a=20 common front against Microsoft in the digital=20 music business. The offer to create a ''tactical alliance'' was=20 made on April 9 by Rob Glaser, chief executive of=20 RealNetworks, the Seattle-based Internet music=20 and video service, in an e-mail message to Steven=20 P. Jobs, Apple's chairman. But if an alliance with Apple could not be=20 struck, Mr. Glaser strongly hinted in the e-mail=20 message that he might be forced to form a=20 partnership with Microsoft to pursue ''very=20 interesting opportunities'' because support for=20 Microsoft's media-playing software seems to be=20 growing. A pact with Microsoft would be a startling=20 reversal for RealNetworks, whose complaints about=20 Microsoft's business tactics form a major part of=20 the European Commission's antitrust case against=20 the company. Mr. Glaser, the founder of RealNetworks, is a=20 former executive of Microsoft who left on=20 friendly terms but later became a bitter rival=20 after Microsoft decided that media-playing=20 software would be crucial to its long-term=20 growth. The overture from Mr. Glaser to Mr. Jobs=20 also reflects the scramble among major technology=20 and media companies to jockey for advantage as=20 the market for music -- and eventually movies --=20 distributed legally over the Internet is starting=20 to take off. Apple is clearly the early leader with its iTunes=20 online music store, which downloads and plays=20 songs only on Apple's popular iPod handheld=20 devices. Besides RealNetworks, a pioneer in=20 software for distributing and playing music and=20 video, major companies are entering the market. Microsoft is gaining ground and making deals.=20 This week, it agreed to pay $440 million to=20 settle a private suit over patent claims and to=20 strike a licensing deal with InterTrust=20 Technologies, an early developer of copyright=20 protection software. Microsoft is expected to offer its own digital=20 music store before long. And Sony has said it=20 will start a music store later this year. It is=20 developing its own media-player devices, which,=20 given Sony's reputation for stylish design and=20 clever marketing, could prove to be strong=20 competition for the iPod. Sony has not announced=20 when its devices will be introduced. It is against this backdrop that the timing and=20 details of Mr. Glaser's offer to Mr. Jobs are=20 particularly intriguing. In his message, which=20 was obtained by The New York Times from a person=20 close to Apple, Mr. Glaser asked Mr. Jobs to=20 consider licensing Apple's Fairplay digital=20 rights management system to RealNetworks to=20 permit customers of the RealNetworks music=20 service to play their digital music collections=20 on iPod players. In exchange, RealNetworks would make the iPod its=20 primary device for the RealNetworks store and for=20 the RealPlayer software. The message notes that both RealNetworks and=20 Apple support the same digital music technology=20 standard, known as AAC. But because it is not=20 possible for RealNetworks' encrypted music=20 services, Rhapsody and the Real music store, to=20 be played on iPod, RealNetworks is considering=20 switching to Microsoft's competing WMA format,=20 which would make the RealNetworks services work=20 seamlessly with Microsoft's technology. ''We are seeing very interesting opportunities to=20 switch to WMA,'' Mr. Glaser wrote.=20 ''Instinctively I don't want to do it because I=20 think it leads to all kinds of complexities in=20 terms of giving Microsoft too much long-term=20 market momentum.'' Apple executives would not comment on the=20 message. But it seems likely Mr. Jobs will rebuff=20 the offer. Mr. Glaser said he had not received a=20 response from Mr. Jobs, and in his e-mail message=20 Mr. Glaser said he was going to be in Silicon=20 Valley this week and suggested that he meet with=20 Apple executives today. Mr. Glaser has been vocal in his condemnation of=20 what he considers Apple's proprietary strategy=20 and he has said he believes the strategy is a=20 mistake. Apple is running the risk of following=20 the same path it took in its development of its=20 personal computer, he argued. It is widely believed in the PC industry that=20 Apple's refusal to license its Macintosh=20 operating system in the late 1980's contributed=20 to the operating system monopoly of Microsoft's=20 Windows. Mr. Glaser has recently tried to act as a neutral=20 broker in the competition between different=20 hardware standards, while Mr. Jobs has been=20 pursuing a more proprietary approach, making=20 digital music from Apple's iTunes store playable=20 only on iPod. Apple, however, notes that it is open to deals=20 with other companies. It recently formed a=20 partnership with Hewlett-Packard, allowing=20 Hewlett to distribute iPod devices and load=20 Apple's iTunes software on its consumer PC's. Subscribers to AOL, Apple adds, can also download=20 music from the iTunes music store. Still, these=20 deals are mainly distribution agreements with=20 other companies, and do not require Apple to open=20 its technology so that other music services and=20 devices can work with the Apple offerings. ''Apple is not into interoperability,'' said an=20 industry executive with connections to both the=20 computer and music industries. ''Steve's bet is=20 that he can beat the big guys, Sony and Microsoft=20 -- with better marketing.'' A number of industry executives said, however,=20 that Mr. Jobs was under increasing pressure from=20 both his music industry partners and from=20 Hewlett-Packard to open up his digital music=20 service. The situation in the digital music industry is=20 complex and changing very rapidly. Events like=20 the European ruling against Microsoft's bundling=20 of its media player into the Windows operating=20 system could force the company to rethink its=20 digital media strategy. At the same time Microsoft has clearly been=20 moving to settle as many of its legal=20 entanglements as quickly as possible. In recent=20 weeks it has settled lawsuits with Sun=20 Microsystems and with InterTrust. By putting many legal problems behind it,=20 Microsoft would be freer to compete aggressively=20 with Apple in the music market, analysts said. ''Real understands how incredibly powerful the=20 Microsoft music initiative will be,'' said=20 Richard Doherty, a computer industry consultant=20 and president of Envisioneering. ''I don't think=20 that Jobs understands this. He doesn't realize=20 how big the juggernaut is about to get.'' In his e-mail message to Mr. Jobs, Mr. Glazer=20 said that he was reaching out to Mr. Jobs before=20 making a move to switch camps. Mr. Glaser said he=20 was surprised that the proposal had been leaked. ''Why is Steve afraid of opening up the iPod?''=20 he asked in a telephone interview. ''Steve is=20 showing a high level of fear that I don't=20 understand.'' Photo: Rob Glaser, chief executive of=20 RealNetworks. He has been vocal in his=20 condemnation of what he considers Apple's=20 proprietary strategy, which he sees as a mistake.=20 (Photo by Justin Sullivan/Getty Images) April 15, 2004, Thursday Late Edition - Final=20 Section: SECTC Page: 1 Column: 02 Desk:=20 Business/Financial Desk Length: 1172 words << Copyright =A92004 The New York Times Co. >> ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.